Florida Senate - 2010                              CS for SB 734
       
       
       
       By the Committee on Criminal Justice; and Senators Gelber,
       Smith, Ring, Hill, Storms, Wilson, Villalobos, Bullard, Crist,
       and Dockery
       
       
       591-05215-10                                           2010734c1
    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 exception; 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 or purporting to
   15  act in the performance of official duties under any law,
   16  ordinance, or regulation.
   17         (1) The reclassification of the felony or misdemeanor is as
   18  follows:
   19         (a) A misdemeanor of the second degree is reclassified as a
   20  misdemeanor of the first degree.
   21         (b) A misdemeanor of the first degree is reclassified as a
   22  felony of the third degree.
   23         (c) A felony of the third degree is reclassified as a
   24  felony of the second degree.
   25         (d) A felony of the second degree is reclassified as a
   26  felony of the first degree.
   27         (e) A felony of the first degree is reclassified as a life
   28  felony.
   29         (2) For purposes of sentencing under chapter 921, a felony
   30  offense that is reclassified under this section shall be ranked
   31  one level above its ranking under s. 921.0022 or s. 921.0023.
   32         (3) If the underlying offense includes acting or purporting
   33  to act in the performance of official duties under any law,
   34  ordinance, or regulation as an essential element, the
   35  reclassification does not apply.
   36         Section 2. This act shall take effect July 1, 2010.