Florida Senate - 2010 CS for SB 734
By the Committee on Criminal Justice; and Senators Gelber,
Smith, Ring, Hill, Storms, Wilson, Villalobos, Bullard, Crist,
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.
7 Be It Enacted by the Legislature of the State of Florida:
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
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
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.