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



                                                  SENATE AMENDMENT

    Bill No. SB 132

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  The Committee on Executive Business, Ethics and Elections

12  recommended the following amendment:

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Subsection (2) of s. 106.15, F.S., is

19  amended, present subsections (3) and (4) are renumbered as

20  subsection (4) and (5), present subsection (5) is renumbered

21  and amended, and a new subsection (3) is added to said section

22  to read:

23         106.15  Certain acts prohibited.--

24         (2)  No candidate, in the furtherance of his or her

25  candidacy for nomination or election to public office in any

26  election, shall use any state-owned aircraft or motor vehicle,

27  as provided in chapter 287, solely for the purpose of

28  furthering his or her candidacy. However, in the event a

29  candidate uses any state-owned aircraft or motor vehicle to

30  conduct official state business and while on such trip

31  performs any function in the furtherance of his or her

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                                                  SENATE AMENDMENT

    Bill No. SB 132

    Amendment No. 1





  1  candidacy for nomination or election to public office in any

  2  election, the candidate shall prorate the expenses incurred

  3  and reimburse the appropriate agency for any trip not

  4  exclusively for state business and shall pay either a prorated

  5  share of all fixed and variable expenses related to the

  6  ownership, operation, and use of such aircraft or one-half of

  7  the total fixed and variable expenses related to the

  8  ownership, operation, and use of such aircraft, whichever is

  9  greater.  The reimbursement shall be made from the campaign

10  account of the candidate.

11         (3)  No person shall use any state-owned aircraft to

12  further any candidacy for public office.

13         (6)(5)  Any person violating subsection (3) is guilty

14  of a felony of the third degree, punishable as provided in s.

15  775.082 or s. 775.083. Any person violating any other

16  provision the provisions of this section is guilty of commits

17  a misdemeanor of the first degree, punishable as provided in

18  s. 775.082 or s. 775.083.

19         Section 2.  Paragraph (d) of subsection (3) of section

20  921.0012, Florida Statutes, is amended to read:

21         921.0012  Sentencing guidelines offense levels; offense

22  severity ranking chart.--

23         (3)  OFFENSE SEVERITY RANKING CHART

24  Florida           Felony

25  Statute           Degree             Description

26

27                              (d)  LEVEL 4

28  106.15(3)          3rd      Use of state-owned aircraft for

29                              campaigning.

30  316.1935(2)        3rd      Fleeing or attempting to elude

31                              law enforcement officer resulting

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                                                  SENATE AMENDMENT

    Bill No. SB 132

    Amendment No. 1





  1                              in high-speed pursuit.

  2  784.07(2)(b)       3rd      Battery of law enforcement

  3                              officer, firefighter, intake

  4                              officer, etc.

  5  784.075            3rd      Battery on detention or

  6                              commitment facility staff.

  7  784.08(2)(c)       3rd      Battery on a person 65 years of

  8                              age or older.

  9  784.081(3)         3rd      Battery on specified official or

10                              employee.

11  784.082(3)         3rd      Battery by detained person on

12                              visitor or other detainee.

13  787.03(1)          3rd      Interference with custody;

14                              wrongly takes child from

15                              appointed guardian.

16  787.04(2)          3rd      Take, entice, or remove child

17                              beyond state limits with criminal

18                              intent pending custody

19                              proceedings.

20  787.04(3)          3rd      Carrying child beyond state lines

21                              with criminal intent to avoid

22                              producing child at custody

23                              hearing or delivering to

24                              designated person.

25  790.115(2)(b)      3rd      Possessing electric weapon or

26                              device, destructive device, or

27                              other weapon on school property.

28  790.115(2)(c)      3rd      Possessing firearm on school

29                              property.

30  810.02(4)(a)       3rd      Burglary, or attempted burglary,

31                              of an unoccupied structure;

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                                                  SENATE AMENDMENT

    Bill No. SB 132

    Amendment No. 1





  1                              unarmed; no assault or battery.

  2  810.02(4)(b)       3rd      Burglary, or attempted burglary,

  3                              of an unoccupied conveyance;

  4                              unarmed; no assault or battery.

  5  810.06             3rd      Burglary; possession of tools.

  6  810.08(2)(c)       3rd      Trespass on property, armed with

  7                              firearm or dangerous weapon.

  8  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

  9                              or more but less than $20,000.

10  812.014

11   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

12                              firearm, motor vehicle,

13                              livestock, etc.

14  817.563(1)         3rd      Sell or deliver substance other

15                              than controlled substance agreed

16                              upon, excluding s. 893.03(5)

17                              drugs.

18  828.125(1)         2nd      Kill, maim, or cause great bodily

19                              harm or permanent breeding

20                              disability to any registered

21                              horse or cattle.

22  837.02(1)          3rd      Perjury in official proceedings.

23  837.021(1)         3rd      Make contradictory statements in

24                              official proceedings.

25  843.025            3rd      Deprive law enforcement,

26                              correctional, or correctional

27                              probation officer of means of

28                              protection or communication.

29  843.15(1)(a)       3rd      Failure to appear while on bail

30                              for felony (bond estreature or

31                              bond jumping).

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                                                  SENATE AMENDMENT

    Bill No. SB 132

    Amendment No. 1





  1  874.05(1)          3rd      Encouraging or recruiting another

  2                              to join a criminal street gang.

  3  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  4                              893.03(1)(a), (b), or (d), or

  5                              (2)(a) or (b) drugs).

  6  914.14(2)          3rd      Witnesses accepting bribes.

  7  914.22(1)          3rd      Force, threaten, etc., witness,

  8                              victim, or informant.

  9  914.23(2)          3rd      Retaliation against a witness,

10                              victim, or informant, no bodily

11                              injury.

12  918.12             3rd      Tampering with jurors.

13

14         Section 3.  This act shall take effect January 1, 1998.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         Delete everything before the enacting clause

20

21  and insert:

22                      A bill to be entitled

23         An act relating to political campaigns;

24         amending s. 106.15, F.S.; prohibiting the use

25         of state-owned aircraft by any person for

26         campaign purposes; providing a penalty;

27         amending s. 921.0012, F.S.; establishing

28         violations under offense level 4 of the felony

29         sentencing guidelines; providing an effective

30         date.

31

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