Senate Bill sb0172e1

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    SB 172                                   First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to violation of the election

  3         code; amending s. 104.091, F.S.; providing that

  4         any person who conspires with another person to

  5         violate the election code or who knowingly

  6         gives aid to a person who has violated the code

  7         with intent to help such person avoid or escape

  8         detection, arrest, trial, or punishment shall

  9         be punished as if he or she had committed the

10         violation; providing penalties; amending s.

11         777.04, F.S.; exempting certain violations of

12         the Florida Election Code from provisions

13         specifying the ranking of an offense under the

14         Criminal Punishment Code; providing an

15         effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 104.091, Florida Statutes, is

20  amended to read:

21         104.091  Aiding, abetting, or advising, or conspiring

22  in violation of the code.--

23         (1)  Any person who shall knowingly aids, abets, or

24  advises aid, abet or advise the violation of this code shall

25  be punished in like manner as the principal offender.

26         (2)  Any person who agrees, conspires, combines, or

27  confederates with another person to commit a violation of this

28  code shall be punished as if he or she had committed the

29  violation.

30         (3)  Any person who knows of a felony violation of this

31  code and gives any aid to the offender who has violated this


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CODING: Words stricken are deletions; words underlined are additions.






    SB 172                                   First Engrossed (ntc)



  1  code, with intent that the offender avoid or escape detection,

  2  arrest, trial, or punishment, shall be punished as if he or

  3  she had committed the violation. This subsection does not

  4  prohibit a member of The Florida Bar from giving legal advice

  5  to a client.

  6         Section 2.  Subsection (4) of section 777.04, Florida

  7  Statutes, is amended to read:

  8         777.04  Attempts, solicitation, and conspiracy.--

  9         (4)(a)  Except as otherwise provided in ss. 104.091(2),

10  828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense

11  of criminal attempt, criminal solicitation, or criminal

12  conspiracy is ranked for purposes of sentencing under chapter

13  921 and determining incentive gain-time eligibility under

14  chapter 944 one level below the ranking under s. 921.0022 or

15  s. 921.0023 of the offense attempted, solicited, or conspired

16  to.  If the criminal attempt, criminal solicitation, or

17  criminal conspiracy is of an offense ranked in level 1 or

18  level 2 under s. 921.0022 or s. 921.0023, such offense is a

19  misdemeanor of the first degree, punishable as provided in s.

20  775.082 or s. 775.083.

21         (b)  If the offense attempted, solicited, or conspired

22  to is a capital felony, the offense of criminal attempt,

23  criminal solicitation, or criminal conspiracy is a felony of

24  the first degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         (c)  Except as otherwise provided in s. 893.135(5), if

27  the offense attempted, solicited, or conspired to is a life

28  felony or a felony of the first degree, the offense of

29  criminal attempt, criminal solicitation, or criminal

30  conspiracy is a felony of the second degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.


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    SB 172                                   First Engrossed (ntc)



  1         (d)  Except as otherwise provided in s. 104.091(2), s.

  2  828.125(2), or s. 849.25(4), if the offense attempted,

  3  solicited, or conspired to is a:

  4         1.  Felony of the second degree;

  5         2.  Burglary that is a felony of the third degree; or

  6         3.  Felony of the third degree ranked in level 3, 4, 5,

  7  6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

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  9  the offense of criminal attempt, criminal solicitation, or

10  criminal conspiracy is a felony of the third degree,

11  punishable as provided in s. 775.082, s. 775.083, or s.

12  775.084.

13         (e)  Except as otherwise provided in s. 104.091(2), s.

14  849.25(4), or paragraph (d), if the offense attempted,

15  solicited, or conspired to is a felony of the third degree,

16  the offense of criminal attempt, criminal solicitation, or

17  criminal conspiracy is a misdemeanor of the first degree,

18  punishable as provided in s. 775.082 or s. 775.083.

19         (f)  Except as otherwise provided in s. 104.091(2), if

20  the offense attempted, solicited, or conspired to is a

21  misdemeanor of the first or second degree, the offense of

22  criminal attempt, criminal solicitation, or criminal

23  conspiracy is a misdemeanor of the second degree, punishable

24  as provided in s. 775.082 or s. 775.083.

25         Section 3.  This act shall take effect October 1, 2002.

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