Senate Bill 1106e1

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    CS for SB 1106                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         104.091, F.S.; providing that a person who

  4         agrees, conspires, combines, or confederates

  5         with another person to knowingly commit a

  6         violation of the Florida Election Code is

  7         punishable as if he or she committed the

  8         violation; providing that a person who

  9         knowingly aids or abets another person who has

10         violated the code, with intent for that person

11         to avoid detection, arrest, or prosecution, is

12         punishable in like manner as the principal

13         offender; providing an exception; amending s.

14         777.04, F.S.; exempting certain violations of

15         the Florida Election Code from provisions

16         specifying the ranking of an offense under the

17         Criminal Punishment Code; providing an

18         effective date.

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

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22         Section 1.  Section 104.091, Florida Statutes, is

23  amended to read:

24         104.091  Aiding, abetting, or advising, or conspiring

25  in a violation of the code.--

26         (1)  Any person who shall knowingly aids aid, abets,

27  abet or advises in advise the violation of this code shall be

28  punished in like manner as the principal offender.

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

30  confederates with another person to knowingly commit a

31  violation of this code shall be punished as if he or she had


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    CS for SB 1106                                 First Engrossed



  1  actually committed the violation, notwithstanding any

  2  provisions of s. 777.04.

  3         (3)  Any person who knowingly aids or abets another

  4  person who has violated this code, with the intent that the

  5  principal offender avoid detection, arrest, or prosecution,

  6  shall be punished in like manner as the principal offender.

  7  This subsection does not apply to a member of The Florida Bar

  8  rendering legal advice to a client.

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

10  Statutes, is amended to read:

11         777.04  Attempts, solicitation, and conspiracy.--

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

13  828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense

14  of criminal attempt, criminal solicitation, or criminal

15  conspiracy is ranked for purposes of sentencing under chapter

16  921 and determining incentive gain-time eligibility under

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

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

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

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

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

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

23  775.082 or s. 775.083.

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

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

26  criminal solicitation, or criminal conspiracy is a felony of

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

28  775.083, or s. 775.084.

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

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

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


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    CS for SB 1106                                 First Engrossed



  1  criminal attempt, criminal solicitation, or criminal

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

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

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

  5  828.125(2), or s. 849.25(4), if the offense attempted,

  6  solicited, or conspired to is a:

  7         1.  Felony of the second degree;

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

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

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

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12  the offense of criminal attempt, criminal solicitation, or

13  criminal conspiracy is a felony of the third degree,

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

15  775.084.

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

17  849.25(4), or paragraph (d), if the offense attempted,

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

19  the offense of criminal attempt, criminal solicitation, or

20  criminal conspiracy is a misdemeanor of the first degree,

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

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

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

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

25  criminal attempt, criminal solicitation, or criminal

26  conspiracy is a misdemeanor of the second degree, punishable

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

28         Section 3.  This act shall take effect July 1, 2000.

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