LRBa2342/1
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2015 - 2016 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY BILL 403
February 18, 2016 - Offered by Representatives Barca, C. Taylor and Shankland.
AB403-AA3,1,11 At the locations indicated, amend the bill as follows:
AB403-AA3,1,2 21. Page 2, line 20: after that line insert:
AB403-AA3,1,3 3" Section 1d. 946.10 (intro.) of the statutes is amended to read:
AB403-AA3,1,7 4946.10 Bribery of public officers and employees. (intro.) Whoever does
5either of the following is guilty of a Class H felony and, notwithstanding s. 939.50 (3)
6(h), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 9
7years, or both
:
AB403-AA3,1h 8Section 1h. 946.11 (1) (intro.) of the statutes is amended to read:
AB403-AA3,1,119 946.11 (1) (intro.) Whoever does the following is guilty of a Class I felony and,
10notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or
11imprisonment not to exceed 6 years and 6 months, or both
:
AB403-AA3,1k 12Section 1k. 946.12 (intro.) of the statutes is amended to read:
AB403-AA3,2,4
1946.12 Misconduct in public office. (intro.) Any public officer or public
2employee who does any of the following is guilty of a Class I felony and,
3notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or
4imprisonment not to exceed 6 years and 6 months, or both
:
AB403-AA3,1n 5Section 1n. 946.13 (1) (intro.) of the statutes is amended to read:
AB403-AA3,2,96 946.13 (1) (intro.) Any public officer or public employee who does any of the
7following is guilty of a Class I felony and, notwithstanding s. 939.50 (3) (i), may be
8subject to a fine not to exceed $10,000 or imprisonment not to exceed 6 years and 6
9months, or both
:
AB403-AA3,1q 10Section 1q. 946.14 of the statutes is amended to read:
AB403-AA3,2,16 11946.14 Purchasing claims at less than full value. Any public officer or
12public employee who in a private capacity directly or indirectly intentionally
13purchases for less than full value or discounts any claim held by another against the
14state or a political subdivision thereof or against any public fund is guilty of a Class
15I felony and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed
16$10,000 or imprisonment not to exceed 6 years and 6 months, or both
.
AB403-AA3,1r 17Section 1r. 946.15 (1), (2), (3) and (4) of the statutes are amended to read:
AB403-AA3,3,718 946.15 (1) Any employer, or any agent or employee of an employer, who induces
19any person who seeks to be or is employed pursuant to a public contract as defined
20in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
21wage rate determination has been issued by the department of workforce
22development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up,
23waive, or return any part of the compensation to which that person is entitled under
24his or her contract of employment or under the prevailing wage rate determination
25issued by the department, or who reduces the hourly basic rate of pay normally paid

1to an employee for work on a project on which a prevailing wage rate determination
2has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during
3a week in which the employee works both on a project on which a prevailing wage
4rate determination has been issued and on a project on which a prevailing wage rate
5determination has not been issued, is guilty of a Class I felony and, notwithstanding
6s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or imprisonment not
7to exceed 6 years and 6 months, or both
.
AB403-AA3,3,21 8(2) Any person employed pursuant to a public contract as defined in s. 66.0901
9(1) (c) or employed on a project on which a prevailing wage rate determination has
10been issued by the department of workforce development under s. 66.0903 (3), 103.49
11(3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or
12agent of the employer any part of the compensation to which the employee is entitled
13under his or her contract of employment or under the prevailing wage determination
14issued by the department, or who gives up any part of the compensation to which he
15or she is normally entitled for work on a project on which a prevailing wage rate
16determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or
17229.8275 (3) during a week in which the person works part-time on a project on
18which a prevailing wage rate determination has been issued and part-time on a
19project on which a prevailing wage rate determination has not been issued, is guilty
20of a Class C misdemeanor and, notwithstanding s. 939.51 (3) (c), may be subject to
21a fine not to exceed $500 or imprisonment not to exceed 7 months, or both
.
AB403-AA3,4,7 22(3) Any employer or labor organization, or any agent or employee of an
23employer or labor organization, who induces any person who seeks to be or is
24employed on a project on which a prevailing wage rate determination has been issued
25by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50

1(3), or 229.8275 (3) to permit any part of the wages to which that person is entitled
2under the prevailing wage rate determination issued by the department or local
3governmental unit to be deducted from the person's pay is guilty of a Class I felony
4and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000
5or imprisonment not to exceed 6 years and 6 months, or both
, unless the deduction
6would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project
7that is subject to 40 USC 3142.
AB403-AA3,4,16 8(4) Any person employed on a project on which a prevailing wage rate
9determination has been issued by the department of workforce development under
10s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who permits any part of the
11wages to which that person is entitled under the prevailing wage rate determination
12issued by the department or local governmental unit to be deducted from his or her
13pay is guilty of a Class C misdemeanor and, notwithstanding s. 939.51 (3) (c), may
14be subject to a fine not to exceed $500, or imprisonment not to exceed 7 months, or
15both
, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person
16who is working on a project that is subject to 40 USC 3142.
AB403-AA3,1u 17Section 1u. 946.16 of the statutes is amended to read:
AB403-AA3,4,22 18946.16 Judicial officer collecting claims. Any judicial officer who causes
19to be brought in a court over which the officer presides any action or proceeding upon
20a claim placed with the officer as agent or attorney for collection is guilty of a Class
21B misdemeanor and, notwithstanding s. 939.51 (3) (b), may be subject to a fine not
22to exceed $500 or imprisonment not to exceed 9 months, or both
.
AB403-AA3,1x 23Section 1x. 946.17 of the statutes is amended to read:
AB403-AA3,5,13 24946.17 Corrupt means to influence legislation; disclosure of interest.
25Any person who gives or agrees or offers to give anything of value to any person, for

1the service of such person or of any other person in procuring the passage or defeat
2of any measure before the legislature or before either house or any committee
3thereof, upon the contingency or condition of the passage or defeat of the measure,
4or who receives, or agrees to receive anything of value for such service, upon any such
5contingency or condition, or who, having a pecuniary or other interest, or acting as
6the agent or attorney of any person in procuring or attempting to procure the passage
7or defeat of any measure before the legislature or before either house or any
8committee thereof, attempts in any manner to influence any member of the
9legislature for or against the measure, without first making known to the member
10the real and true interest he or she has in the measure, either personally or as such
11agent or attorney, is guilty of a class A misdemeanor and, notwithstanding s. 939.51
12(3) (a), may be subject to a fine not to exceed $500 or imprisonment not to exceed one
13year in a county jail, or both.
".
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