Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 532
       
       
       
       
       
       
                                Barcode 348012                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/30/2011           .                                
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       The Committee on Rules (Wise) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 775.0876, Florida Statutes, is created
    6  to read:
    7         775.0876 Offenses committed using public authority or
    8  position to facilitate the offense; reclassification.—The
    9  penalty for any felony or misdemeanor offense shall be
   10  reclassified if a public servant, as defined in s. 838.014, uses
   11  his or her public authority or position to further or facilitate
   12  such felony or misdemeanor.
   13         (1) The reclassification of the felony or misdemeanor is as
   14  follows:
   15         (a) A misdemeanor of the second degree is reclassified as a
   16  misdemeanor of the first degree.
   17         (b) A misdemeanor of the first degree is reclassified as a
   18  felony of the third degree.
   19         (c) A felony of the third degree is reclassified as a
   20  felony of the second degree.
   21         (d) A felony of the second degree is reclassified as a
   22  felony of the first degree.
   23         (e) A felony of the first degree is reclassified as a life
   24  felony.
   25         (2) For purposes of sentencing under chapter 921, a felony
   26  offense that is reclassified under this section shall be ranked
   27  one level above its ranking under s. 921.0022 or s. 921.0023.
   28         (3) Reclassification does not apply if the underlying
   29  misdemeanor or felony offense has conduct committed under color
   30  of law as one of its necessary elements. The term “under color
   31  of law” means conduct based on public authority or position or
   32  the assertion of such authority or position.
   33         Section 2. This act shall take effect July 1, 2011.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36         And the title is amended as follows:
   37         Delete everything before the enacting clause
   38  and insert:
   39                        A bill to be entitled                      
   40         An act relating to public corruption; creating s.
   41         775.0876, F.S.; providing for the reclassification of
   42         a criminal offense committed by a public servant who
   43         uses his or her public authority or position to
   44         further or facilitate the offense; providing an
   45         effective date.