Florida Senate - 2010                                     SB 734
       
       
       
       By Senator Gelber
       
       
       
       
       35-00610-10                                            2010734__
    1                        A bill to be entitled                      
    2         An act relating to public corruption; creating s.
    3         775.0876, F.S.; providing for the reclassification of
    4         criminal offenses committed “under color of law”;
    5         providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 775.0876, Florida Statutes, is created
   10  to read:
   11         775.0876 Offenses committed under color of law;
   12  reclassification.—The penalty for any felony or misdemeanor
   13  offense shall be reclassified if the commission of such offense
   14  was furthered or facilitated by a person acting under color of
   15  law. As used in this section, the term “under color of law”
   16  means conduct based on public authority or position or the
   17  assertion of such authority or position.
   18         (1) The reclassification of the felony or misdemeanor is as
   19  follows:
   20         (a) A misdemeanor of the second degree is reclassified as a
   21  misdemeanor of the first degree.
   22         (b) A misdemeanor of the first degree is reclassified as a
   23  felony of the third degree.
   24         (c) A felony of the third degree is reclassified as a
   25  felony of the second degree.
   26         (d) A felony of the second degree is reclassified as a
   27  felony of the first degree.
   28         (e) A felony of the first degree is reclassified as a life
   29  felony.
   30         (2) For purposes of sentencing under chapter 921, a felony
   31  offense that is reclassified under this section shall be ranked
   32  one level above its ranking under s. 921.0022 or s. 921.0023.
   33         (3) Reclassification does not apply if the underlying
   34  misdemeanor or felony offense has conduct committed under color
   35  of law as one of its necessary elements.
   36         Section 2. This act shall take effect July 1, 2010.