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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11 The Committee on Executive Business, Ethics and Elections
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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
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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
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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
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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.
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14 Section 3. This act shall take effect January 1, 1998.
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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
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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.
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