Amendment AA3-AB403

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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-AA3,1,1 At the locations indicated, amend the bill as follows:

AB403-AA3,1,2 1. Page 2, line 20: after that line insert:

AB403-AA3,1,3 " Section 1d. 946.10 (intro.) of the statutes is amended to read:

AB403-AA3,1,7 946.10 Bribery of public officers and employees. (intro.) Whoever does either of the following is guilty of a Class H felony and, notwithstanding s. 939.50 (3) (h), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 years, or both:

AB403-AA3,1h Section 1h. 946.11 (1) (intro.) of the statutes is amended to read:

AB403-AA3,1,11 946.11 (1) (intro.) Whoever does the following is guilty of a Class I felony and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 6 years and 6 months, or both:

AB403-AA3,1k Section 1k. 946.12 (intro.) of the statutes is amended to read:

AB403-AA3,2,4 946.12 Misconduct in public office. (intro.) Any public officer or public employee who does any of the following is guilty of a Class I felony and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 6 years and 6 months, or both:

AB403-AA3,1n Section 1n. 946.13 (1) (intro.) of the statutes is amended to read:

AB403-AA3,2,9 946.13 (1) (intro.) Any public officer or public employee who does any of the following is guilty of a Class I felony and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 6 years and 6 months, or both:

AB403-AA3,1q Section 1q. 946.14 of the statutes is amended to read:

AB403-AA3,2,16 946.14 Purchasing claims at less than full value. Any public officer or public employee who in a private capacity directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision thereof or against any public fund is guilty of a Class I felony and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 6 years and 6 months, or both.

AB403-AA3,1r Section 1r. 946.15 (1), (2), (3) and (4) of the statutes are amended to read:

AB403-AA3,3,7 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 6 years and 6 months, or both.

AB403-AA3,3,21 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor and, notwithstanding s. 939.51 (3) (c), may be subject to a fine not to exceed $500 or imprisonment not to exceed 7 months, or both.

AB403-AA3,4,7 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony and, notwithstanding s. 939.50 (3) (i), may be subject to a fine not to exceed $10,000 or imprisonment not to exceed 6 years and 6 months, or both, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB403-AA3,4,16 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor and, notwithstanding s. 939.51 (3) (c), may be subject to a fine not to exceed $500, or imprisonment not to exceed 7 months, or both, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB403-AA3,1u Section 1u. 946.16 of the statutes is amended to read:

AB403-AA3,4,22 946.16 Judicial officer collecting claims. Any judicial officer who causes to be brought in a court over which the officer presides any action or proceeding upon a claim placed with the officer as agent or attorney for collection is guilty of a Class B misdemeanor and, notwithstanding s. 939.51 (3) (b), may be subject to a fine not to exceed $500 or imprisonment not to exceed 9 months, or both.

AB403-AA3,1x Section 1x. 946.17 of the statutes is amended to read:

AB403-AA3,5,13 946.17 Corrupt means to influence legislation; disclosure of interest. Any person who gives or agrees or offers to give anything of value to any person, for the service of such person or of any other person in procuring the passage or defeat of any measure before the legislature or before either house or any committee thereof, upon the contingency or condition of the passage or defeat of the measure, or who receives, or agrees to receive anything of value for such service, upon any such contingency or condition, or who, having a pecuniary or other interest, or acting as the agent or attorney of any person in procuring or attempting to procure the passage or defeat of any measure before the legislature or before either house or any committee thereof, attempts in any manner to influence any member of the legislature for or against the measure, without first making known to the member the real and true interest he or she has in the measure, either personally or as such agent or attorney, is guilty of a class A misdemeanor and, notwithstanding s. 939.51 (3) (a), may be subject to a fine not to exceed $500 or imprisonment not to exceed one year in a county jail, or both.".

AB403-AA3,5,14 (End)