Florida Senate - 2014 CS for CS for SB 526
By the Committees on Judiciary; and Criminal Justice; and
Senator Bradley
590-01630-14 2014526c2
1 A bill to be entitled
2 An act relating to sexual offenses; amending s.
3 794.011, F.S.; revising and creating offenses
4 involving sexual battery; increasing felony degree of
5 certain sexual battery offenses; amending s. 800.04,
6 F.S.; revising and creating offenses involving lewd or
7 lascivious battery and molestation; increasing felony
8 degree of certain lewd or lascivious battery and
9 molestation offenses; amending s. 921.0022, F.S.;
10 assigning new offense severity rankings for lewd or
11 lascivious molestation and sexual battery offenses;
12 amending s. 921.0024, F.S.; providing that sentence
13 points are multiplied for specified sex offenses
14 committed by an adult upon a minor under certain
15 circumstances; creating s. 921.30, F.S.; authorizing a
16 state attorney to move a court to make a written
17 finding that an offense was a sexually motivated
18 offense under certain circumstances; amending s.
19 944.275, F.S.; prohibiting award of gain-time for
20 certain offenses; amending s. 947.1405, F.S.;
21 providing for tolling of conditional release
22 supervision; providing applicability; amending s.
23 948.012, F.S.; requiring split sentence for certain
24 sexual offenses; providing for tolling of probation or
25 community control; providing applicability; providing
26 severability; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsections (4), (5), and (6), paragraph (b) of
31 subsection (8), and subsections (9) and (10) of section 794.011,
32 Florida Statutes, are amended to read:
33 794.011 Sexual battery.—
34 (4)(a) A person 18 years of age or older who commits sexual
35 battery upon a person 12 years of age or older but younger than
36 18 years of age without that person’s consent, under any of the
37 following circumstances listed in paragraph (e), commits a
38 felony of the first degree, punishable by a term of years not
39 exceeding life or as provided in s. 775.082, s. 775.083, s.
40 775.084, or s. 794.0115.:
41 (b) A person 18 years of age or older who commits sexual
42 battery upon a person 18 years of age or older without that
43 person’s consent, under any of the circumstances listed in
44 paragraph (e), commits a felony of the first degree, punishable
45 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
46 794.0115.
47 (c) A person younger than 18 years of age who commits
48 sexual battery upon a person 12 years of age or older without
49 that person’s consent, under any of the circumstances listed in
50 paragraph (e), commits a felony of the first degree, punishable
51 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
52 794.0115.
53 (d) A person commits a felony of the first degree,
54 punishable by a term of years not exceeding life or as provided
55 in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
56 person commits sexual battery upon a person 12 years of age or
57 older without that person’s consent, under any of the
58 circumstances listed in paragraph (e), and such person was
59 previously convicted of a violation of:
60 1. Section 787.01(2) or s. 787.02(2) when the violation
61 involved a victim who was a minor and, in the course of
62 committing that violation, the defendant committed against the
63 minor a sexual battery under this chapter or a lewd act under s.
64 800.04 or s. 847.0135(5);
65 2. Section 787.01(3)(a)2. or 3.;
66 3. Section 787.02(3)(a)2. or 3.;
67 4. Section 800.04;
68 5. Section 825.1025;
69 6. Section 847.0135(5); or
70 7. This chapter, excluding subsection (10) of this section.
71 (e) The following circumstances apply to paragraphs (a)
72 (d):
73 1.(a) When The victim is physically helpless to resist.
74 2.(b) When The offender coerces the victim to submit by
75 threatening to use force or violence likely to cause serious
76 personal injury on the victim, and the victim reasonably
77 believes that the offender has the present ability to execute
78 the threat.
79 3.(c) When The offender coerces the victim to submit by
80 threatening to retaliate against the victim, or any other
81 person, and the victim reasonably believes that the offender has
82 the ability to execute the threat in the future.
83 4.(d) When The offender, without the prior knowledge or
84 consent of the victim, administers or has knowledge of someone
85 else administering to the victim any narcotic, anesthetic, or
86 other intoxicating substance that which mentally or physically
87 incapacitates the victim.
88 5.(e) When The victim is mentally defective, and the
89 offender has reason to believe this or has actual knowledge of
90 this fact.
91 6.(f) When The victim is physically incapacitated.
92 7.(g) When The offender is a law enforcement officer,
93 correctional officer, or correctional probation officer as
94 defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
95 is certified under the provisions of s. 943.1395 or is an
96 elected official exempt from such certification by virtue of s.
97 943.253, or any other person in a position of control or
98 authority in a probation, community control, controlled release,
99 detention, custodial, or similar setting, and such officer,
100 official, or person is acting in such a manner as to lead the
101 victim to reasonably believe that the offender is in a position
102 of control or authority as an agent or employee of government.
103 (5)(a) A person 18 years of age or older who commits sexual
104 battery upon a person 12 years of age or older but younger than
105 18 years of age, without that person’s consent, and in the
106 process thereof does not use physical force and violence likely
107 to cause serious personal injury commits a felony of the first
108 second degree, punishable as provided in s. 775.082, s. 775.083,
109 s. 775.084, or s. 794.0115.
110 (b) A person 18 years of age or older who commits sexual
111 battery upon a person 18 years of age or older, without that
112 person’s consent, and in the process does not use physical force
113 and violence likely to cause serious personal injury commits a
114 felony of the second degree, punishable as provided in s.
115 775.082, s. 775.083, s. 775.084, or s. 794.0115.
116 (c) A person younger than 18 years of age who commits
117 sexual battery upon a person 12 years of age or older, without
118 that person’s consent, and in the process does not use physical
119 force and violence likely to cause serious personal injury
120 commits a felony of the second degree, punishable as provided in
121 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
122 (d) A person commits a felony of the first degree,
123 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
124 s. 794.0115 if the person commits sexual battery upon a person
125 12 years of age or older, without that person’s consent, and in
126 the process does not use physical force and violence likely to
127 cause serious personal injury and the person was previously
128 convicted of a violation of:
129 1. Section 787.01(2) or s. 787.02(2) when the violation
130 involved a victim who was a minor and, in the course of
131 committing that violation, the defendant committed against the
132 minor a sexual battery under this chapter or a lewd act under s.
133 800.04 or s. 847.0135(5);
134 2. Section 787.01(3)(a)2. or 3.;
135 3. Section 787.02(3)(a)2. or 3.;
136 4. Section 800.04;
137 5. Section 825.1025;
138 6. Section 847.0135(5); or
139 7. This chapter, excluding subsection (10) of this section.
140 (6)(a) The offenses offense described in paragraphs (5)(a)
141 (c) are subsection (5)is included in any sexual battery offense
142 charged under subsection (3) or subsection (4).
143 (b) The offense described in paragraph (5)(a) is included
144 in an offense charged under paragraph (4)(a).
145 (c) The offense described in paragraph (5)(b) is included
146 in an offense charged under paragraph (4)(b).
147 (d) The offense described in paragraph (5)(c) is included
148 in an offense charged under paragraph (4)(c).
149 (e) The offense described in paragraph (5)(d) is included
150 in an offense charged under paragraph (4)(d).
151 (8) Without regard to the willingness or consent of the
152 victim, which is not a defense to prosecution under this
153 subsection, a person who is in a position of familial or
154 custodial authority to a person less than 18 years of age and
155 who:
156 (b) Engages in any act with that person while the person is
157 12 years of age or older but younger less than 18 years of age
158 which constitutes sexual battery under paragraph (1)(h) commits
159 a felony of the first degree, punishable by a term of years not
160 exceeding life or as provided in s. 775.082, s. 775.083, or s.
161 775.084.
162 (9) For prosecution under paragraph (4)(a), paragraph
163 (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
164 offense committed under any of the circumstances listed in
165 subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
166 reasonably believed by the victim to be in a position of
167 authority or control does not constitute consent, and it is not
168 a defense that the perpetrator was not actually in a position of
169 control or authority if the circumstances were such as to lead
170 the victim to reasonably believe that the person was in such a
171 position.
172 (10) A Any person who falsely accuses a any person listed
173 in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
174 position of control or authority as an agent or employee of
175 government of violating paragraph (4)(a), paragraph (4)(b),
176 paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
177 of a felony of the third degree, punishable as provided in s.
178 775.082, s. 775.083, or s. 775.084.
179 Section 2. Subsections (4) and (5) of section 800.04,
180 Florida Statutes, are amended to read:
181 800.04 Lewd or lascivious offenses committed upon or in the
182 presence of persons less than 16 years of age.—
183 (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
184 (a) A person commits lewd or lascivious battery by:
185 1. Engaging in sexual activity with a person 12 years of
186 age or older but less than 16 years of age; or
187 2. Encouraging, forcing, or enticing any person less than
188 16 years of age to engage in sadomasochistic abuse, sexual
189 bestiality, prostitution, or any other act involving sexual
190 activity.
191 (b) Except as provided in paragraph (c), an offender who
192 commits lewd or lascivious battery commits a felony of the
193 second degree, punishable as provided in s. 775.082, s. 775.083,
194 or s. 775.084.
195 (c) A person commits a felony of the first degree,
196 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
197 if the person is an offender 18 years of age or older who
198 commits lewd or lascivious battery and was previously convicted
199 of a violation of:
200 1. Section 787.01(2) or s. 787.02(2) when the violation
201 involved a victim who was a minor and, in the course of
202 committing that violation, the defendant committed against the
203 minor a sexual battery under chapter 794 or a lewd act under
204 this section or s. 847.0135(5);
205 2. Section 787.01(3)(a)2. or 3.;
206 3. Section 787.02(3)(a)2. or 3.;
207 4. Chapter 794, excluding s. 794.011(10);
208 5. Section 825.1025;
209 6. Section 847.0135(5); or
210 7. This section.
211 (a) Engages in sexual activity with a person 12 years of
212 age or older but less than 16 years of age; or
213 (b) Encourages, forces, or entices any person less than 16
214 years of age to engage in sadomasochistic abuse, sexual
215 bestiality, prostitution, or any other act involving sexual
216 activity
217
218 commits lewd or lascivious battery, a felony of the second
219 degree, punishable as provided in s. 775.082, s. 775.083, or s.
220 775.084.
221 (5) LEWD OR LASCIVIOUS MOLESTATION.—
222 (a) A person who intentionally touches in a lewd or
223 lascivious manner the breasts, genitals, genital area, or
224 buttocks, or the clothing covering them, of a person less than
225 16 years of age, or forces or entices a person under 16 years of
226 age to so touch the perpetrator, commits lewd or lascivious
227 molestation.
228 (b) An offender 18 years of age or older who commits lewd
229 or lascivious molestation against a victim less than 12 years of
230 age commits a life felony, punishable as provided in s.
231 775.082(3)(a)4.
232 (c)1. An offender less than 18 years of age who commits
233 lewd or lascivious molestation against a victim less than 12
234 years of age; or
235 2. An offender 18 years of age or older who commits lewd or
236 lascivious molestation against a victim 12 years of age or older
237 but less than 16 years of age
238
239 commits a felony of the second degree, punishable as provided in
240 s. 775.082, s. 775.083, or s. 775.084.
241 (d) An offender less than 18 years of age who commits lewd
242 or lascivious molestation against a victim 12 years of age or
243 older but less than 16 years of age commits a felony of the
244 third degree, punishable as provided in s. 775.082, s. 775.083,
245 or s. 775.084.
246 (e) A person commits a felony of the first degree,
247 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
248 if the person is 18 years of age or older and commits lewd or
249 lascivious molestation against a victim 12 years of age or older
250 but less than 16 years of age and the person was previously
251 convicted of a violation of:
252 1. Section 787.01(2) or s. 787.02(2) when the violation
253 involved a victim who was a minor and, in the course of
254 committing the violation, the defendant committed against the
255 minor a sexual battery under chapter 794 or a lewd act under
256 this section or s. 847.0135(5);
257 2. Section 787.01(3)(a)2. or 3.;
258 3. Section 787.02(3)(a)2. or 3.;
259 4. Chapter 794, excluding s. 794.011(10);
260 5. Section 825.1025;
261 6. Section 847.0135(5); or
262 7. This section.
263 Section 3. Paragraphs (g) through (i) of subsection (3) of
264 section 921.0022, Florida Statutes, are amended to read:
265 921.0022 Criminal Punishment Code; offense severity ranking
266 chart.—
267 (3) OFFENSE SEVERITY RANKING CHART
268 (g) LEVEL 7
269
270 FloridaStatute FelonyDegree Description
271 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
272 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
273 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
274 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
275 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
276 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
277 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
278 456.065(2) 3rd Practicing a health care profession without a license.
279 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
280 458.327(1) 3rd Practicing medicine without a license.
281 459.013(1) 3rd Practicing osteopathic medicine without a license.
282 460.411(1) 3rd Practicing chiropractic medicine without a license.
283 461.012(1) 3rd Practicing podiatric medicine without a license.
284 462.17 3rd Practicing naturopathy without a license.
285 463.015(1) 3rd Practicing optometry without a license.
286 464.016(1) 3rd Practicing nursing without a license.
287 465.015(2) 3rd Practicing pharmacy without a license.
288 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
289 467.201 3rd Practicing midwifery without a license.
290 468.366 3rd Delivering respiratory care services without a license.
291 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
292 483.901(9) 3rd Practicing medical physics without a license.
293 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
294 484.053 3rd Dispensing hearing aids without a license.
295 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
296 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
297 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
298 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
299 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
300 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
301 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
302 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
303 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
304 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
305 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
306 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
307 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
308 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
309 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
310 784.048(7) 3rd Aggravated stalking; violation of court order.
311 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
312 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
313 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
314 784.081(1) 1st Aggravated battery on specified official or employee.
315 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
316 784.083(1) 1st Aggravated battery on code inspector.
317 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
318 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
319 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
320 790.16(1) 1st Discharge of a machine gun under specified circumstances.
321 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
322 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
323 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
324 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
325 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
326 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
327 796.03 2nd Procuring any person under 16 years for prostitution.
328 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger less than 12 years of age; offender younger less than 18 years.
329 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger less than 16 years; offender 18 years or older.
330 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
331 806.01(2) 2nd Maliciously damage structure by fire or explosive.
332 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
333 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
334 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
335 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
336 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
337 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
338 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
339 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
340 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
341 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
342 812.131(2)(a) 2nd Robbery by sudden snatching.
343 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
344 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
345 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
346 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
347 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
348 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
349 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
350 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
351 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
352 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
353 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
354 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
355 838.015 2nd Bribery.
356 838.016 2nd Unlawful compensation or reward for official behavior.
357 838.021(3)(a) 2nd Unlawful harm to a public servant.
358 838.22 2nd Bid tampering.
359 843.0855(2) 3rd Impersonation of a public officer or employee.
360 843.0855(3) 3rd Unlawful simulation of legal process.
361 843.0855(4) 3rd Intimidation of a public officer or employee.
362 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
363 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
364 872.06 2nd Abuse of a dead human body.
365 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
366 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
367 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
368 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
369 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
370 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
371 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
372 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
373 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
374 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
375 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
376 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
377 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
378 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
379 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
380 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
381 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
382 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
383 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
384 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
385 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
386 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
387 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
388 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
389 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
390 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
391 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
392 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
393 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
394 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
395
396 (h) LEVEL 8
397
398 FloridaStatute FelonyDegree Description
399 316.193 (3)(c)3.a. 2nd DUI manslaughter.
400 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
401 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
402 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
403 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
404 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
405 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
406 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
407 777.03(2)(a) 1st Accessory after the fact, capital felony.
408 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
409 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
410 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
411 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
412 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
413 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
414 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
415 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
416 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
417 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
418 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
419 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
420 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
421 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
422 800.04(4)(b) 2nd Lewd or lascivious battery.
423 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
424 800.04(4) 2nd Lewd or lascivious battery.
425 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
426 810.02(2)(a) 1st,PBL Burglary with assault or battery.
427 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
428 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
429 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
430 812.13(2)(b) 1st Robbery with a weapon.
431 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
432 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
433 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
434 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
435 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
436 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
437 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
438 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
439 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
440 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
441 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
442 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
443 860.16 1st Aircraft piracy.
444 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
445 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
446 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
447 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
448 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
449 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
450 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
451 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
452 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
453 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
454 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
455 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
456 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
457 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
458 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
459 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
460 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
461 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
462 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
463
464 (i) LEVEL 9
465
466 FloridaStatute FelonyDegree Description
467 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
468 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
469 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
470 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
471 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
472 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
473 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
474 775.0844 1st Aggravated white collar crime.
475 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
476 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
477 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
478 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
479 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
480 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
481 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
482 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
483 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
484 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
485 787.06(4) 1st Selling or buying of minors into human trafficking.
486 790.161 1st Attempted capital destructive device offense.
487 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
488 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
489 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
490 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
491 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
492 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
493 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
494 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
495 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
496 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
497 796.035 1st Selling or buying of minors into prostitution.
498 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
499 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
500 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
501 812.135(2)(b) 1st Home-invasion robbery with weapon.
502 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
503 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
504 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
505 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
506 827.03(2)(a) 1st Aggravated child abuse.
507 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
508 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
509 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
510 893.135 1st Attempted capital trafficking offense.
511 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
512 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
513 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
514 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
515 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
516 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
517 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
518 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
519 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
520 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
521 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
522
523 Section 4. Section 921.0024, Florida Statutes, is amended
524 to read:
525 921.0024 Criminal Punishment Code; worksheet computations;
526 scoresheets.—
527 (1)(a) The Criminal Punishment Code worksheet is used to
528 compute the subtotal and total sentence points as follows:
529
530 FLORIDA CRIMINAL PUNISHMENT CODE
531 WORKSHEET
532
533 OFFENSE SCORE
534
535 Primary Offense
536 Level Sentence Points Total
537 10 116 = ........
538 9 92 = ........
539 8 74 = ........
540 7 56 = ........
541 6 36 = ........
542 5 28 = ........
543 4 22 = ........
544 3 16 = ........
545 2 10 = ........
546 1 4 = ........
547
548 Total
549
550
551 Additional Offenses
552 Level Sentence Points Counts Total
553 10 58 x .... = ....
554 9 46 x .... = ....
555 8 37 x .... = ....
556 7 28 x .... = ....
557 6 18 x .... = ....
558 5 5.4 x .... = ....
559 4 3.6 x .... = ....
560 3 2.4 x .... = ....
561 2 1.2 x .... = ....
562 1 0.7 x .... = ....
563 M 0.2 x .... = ....
564
565 Total
566
567
568 Victim Injury
569 Level Sentence Points Number Total
570 2nd degreemurder-death 240 x .... = ....
571 Death 120 x .... = ....
572 Severe 40 x .... = ....
573 Moderate 18 x .... = ....
574 Slight 4 x .... = ....
575 Sexual penetration 80 x .... = ....
576 Sexual contact 40 x .... = ....
577
578 Total
579
580 Primary Offense + Additional Offenses + Victim Injury =
581 TOTAL OFFENSE SCORE
582
583 PRIOR RECORD SCORE
584
585 Prior Record
586 Level Sentence Points Number Total
587 10 29 x .... = ....
588 9 23 x .... = ....
589 8 19 x .... = ....
590 7 14 x .... = ....
591 6 9 x .... = ....
592 5 3.6 x .... = ....
593 4 2.4 x .... = ....
594 3 1.6 x .... = ....
595 2 0.8 x .... = ....
596 1 0.5 x .... = ....
597 M 0.2 x .... = ....
598
599 Total
600
601 TOTAL OFFENSE SCORE...........................................
602 TOTAL PRIOR RECORD SCORE......................................
603
604 LEGAL STATUS..................................................
605 COMMUNITY SANCTION VIOLATION..................................
606 PRIOR SERIOUS FELONY..........................................
607 PRIOR CAPITAL FELONY..........................................
608 FIREARM OR SEMIAUTOMATIC WEAPON...............................
609 SUBTOTAL........
610
611 PRISON RELEASEE REOFFENDER (no)(yes)..........................
612 VIOLENT CAREER CRIMINAL (no)(yes).............................
613 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
614 HABITUAL OFFENDER (no)(yes)...................................
615 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
616 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
617 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
618 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
619 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
620 (x multiplier)..................................................
621 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
622 ................................................................
623 TOTAL SENTENCE POINTS........
624
625 (b) WORKSHEET KEY:
626
627 Legal status points are assessed when any form of legal status
628 existed at the time the offender committed an offense before the
629 court for sentencing. Four (4) sentence points are assessed for
630 an offender’s legal status.
631
632 Community sanction violation points are assessed when a
633 community sanction violation is before the court for sentencing.
634 Six (6) sentence points are assessed for each community sanction
635 violation and each successive community sanction violation,
636 unless any of the following apply:
637 1. If the community sanction violation includes a new
638 felony conviction before the sentencing court, twelve (12)
639 community sanction violation points are assessed for the
640 violation, and for each successive community sanction violation
641 involving a new felony conviction.
642 2. If the community sanction violation is committed by a
643 violent felony offender of special concern as defined in s.
644 948.06:
645 a. Twelve (12) community sanction violation points are
646 assessed for the violation and for each successive violation of
647 felony probation or community control where:
648 I. The violation does not include a new felony conviction;
649 and
650 II. The community sanction violation is not based solely on
651 the probationer or offender’s failure to pay costs or fines or
652 make restitution payments.
653 b. Twenty-four (24) community sanction violation points are
654 assessed for the violation and for each successive violation of
655 felony probation or community control where the violation
656 includes a new felony conviction.
657
658 Multiple counts of community sanction violations before the
659 sentencing court shall not be a basis for multiplying the
660 assessment of community sanction violation points.
661
662 Prior serious felony points: If the offender has a primary
663 offense or any additional offense ranked in level 8, level 9, or
664 level 10, and one or more prior serious felonies, a single
665 assessment of thirty (30) points shall be added. For purposes of
666 this section, a prior serious felony is an offense in the
667 offender’s prior record that is ranked in level 8, level 9, or
668 level 10 under s. 921.0022 or s. 921.0023 and for which the
669 offender is serving a sentence of confinement, supervision, or
670 other sanction or for which the offender’s date of release from
671 confinement, supervision, or other sanction, whichever is later,
672 is within 3 years before the date the primary offense or any
673 additional offense was committed.
674
675 Prior capital felony points: If the offender has one or more
676 prior capital felonies in the offender’s criminal record, points
677 shall be added to the subtotal sentence points of the offender
678 equal to twice the number of points the offender receives for
679 the primary offense and any additional offense. A prior capital
680 felony in the offender’s criminal record is a previous capital
681 felony offense for which the offender has entered a plea of nolo
682 contendere or guilty or has been found guilty; or a felony in
683 another jurisdiction which is a capital felony in that
684 jurisdiction, or would be a capital felony if the offense were
685 committed in this state.
686
687 Possession of a firearm, semiautomatic firearm, or machine gun:
688 If the offender is convicted of committing or attempting to
689 commit any felony other than those enumerated in s. 775.087(2)
690 while having in his or her possession: a firearm as defined in
691 s. 790.001(6), an additional eighteen (18) sentence points are
692 assessed; or if the offender is convicted of committing or
693 attempting to commit any felony other than those enumerated in
694 s. 775.087(3) while having in his or her possession a
695 semiautomatic firearm as defined in s. 775.087(3) or a machine
696 gun as defined in s. 790.001(9), an additional twenty-five (25)
697 sentence points are assessed.
698
699 Sentencing multipliers:
700
701 Drug trafficking: If the primary offense is drug trafficking
702 under s. 893.135, the subtotal sentence points are multiplied,
703 at the discretion of the court, for a level 7 or level 8
704 offense, by 1.5. The state attorney may move the sentencing
705 court to reduce or suspend the sentence of a person convicted of
706 a level 7 or level 8 offense, if the offender provides
707 substantial assistance as described in s. 893.135(4).
708
709 Law enforcement protection: If the primary offense is a
710 violation of the Law Enforcement Protection Act under s.
711 775.0823(2), (3), or (4), the subtotal sentence points are
712 multiplied by 2.5. If the primary offense is a violation of s.
713 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
714 are multiplied by 2.0. If the primary offense is a violation of
715 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
716 Protection Act under s. 775.0823(10) or (11), the subtotal
717 sentence points are multiplied by 1.5.
718
719 Grand theft of a motor vehicle: If the primary offense is grand
720 theft of the third degree involving a motor vehicle and in the
721 offender’s prior record, there are three or more grand thefts of
722 the third degree involving a motor vehicle, the subtotal
723 sentence points are multiplied by 1.5.
724
725 Offense related to a criminal gang: If the offender is convicted
726 of the primary offense and committed that offense for the
727 purpose of benefiting, promoting, or furthering the interests of
728 a criminal gang as defined in s. 874.03, the subtotal sentence
729 points are multiplied by 1.5. If applying the multiplier results
730 in the lowest permissible sentence exceeding the statutory
731 maximum sentence for the primary offense under chapter 775, the
732 court may not apply the multiplier and must sentence the
733 defendant to the statutory maximum sentence.
734
735 Domestic violence in the presence of a child: If the offender is
736 convicted of the primary offense and the primary offense is a
737 crime of domestic violence, as defined in s. 741.28, which was
738 committed in the presence of a child under 16 years of age who
739 is a family or household member as defined in s. 741.28(3) with
740 the victim or perpetrator, the subtotal sentence points are
741 multiplied by 1.5.
742
743 Adult-on-minor sex offense: If the offender was 18 years of age
744 or older and the victim was younger than 18 years of age at the
745 time the offender committed the primary offense, and if the
746 primary offense was an offense committed on or after October 1,
747 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
748 violation involved a victim who was a minor and, in the course
749 of committing that violation, the defendant committed a sexual
750 battery under chapter 794 or a lewd act under s. 800.04 or s.
751 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
752 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
753 794.05; s. 800.04; or s. 847.0135(5), the subtotal sentence
754 points are multiplied by 2.0. If applying the multiplier results
755 in the lowest permissible sentence exceeding the statutory
756 maximum sentence for the primary offense under chapter 775, the
757 court may not apply the multiplier and must sentence the
758 defendant to the statutory maximum sentence.
759 (2) The lowest permissible sentence is the minimum sentence
760 that may be imposed by the trial court, absent a valid reason
761 for departure. The lowest permissible sentence is any nonstate
762 prison sanction in which the total sentence points equals or is
763 less than 44 points, unless the court determines within its
764 discretion that a prison sentence, which may be up to the
765 statutory maximums for the offenses committed, is appropriate.
766 When the total sentence points exceeds 44 points, the lowest
767 permissible sentence in prison months shall be calculated by
768 subtracting 28 points from the total sentence points and
769 decreasing the remaining total by 25 percent. The total sentence
770 points shall be calculated only as a means of determining the
771 lowest permissible sentence. The permissible range for
772 sentencing shall be the lowest permissible sentence up to and
773 including the statutory maximum, as defined in s. 775.082, for
774 the primary offense and any additional offenses before the court
775 for sentencing. The sentencing court may impose such sentences
776 concurrently or consecutively. However, any sentence to state
777 prison must exceed 1 year. If the lowest permissible sentence
778 under the code exceeds the statutory maximum sentence as
779 provided in s. 775.082, the sentence required by the code must
780 be imposed. If the total sentence points are greater than or
781 equal to 363, the court may sentence the offender to life
782 imprisonment. An offender sentenced to life imprisonment under
783 this section is not eligible for any form of discretionary early
784 release, except executive clemency or conditional medical
785 release under s. 947.149.
786 (3) A single scoresheet shall be prepared for each
787 defendant to determine the permissible range for the sentence
788 that the court may impose, except that if the defendant is
789 before the court for sentencing for more than one felony and the
790 felonies were committed under more than one version or revision
791 of the guidelines or the code, separate scoresheets must be
792 prepared. The scoresheet or scoresheets must cover all the
793 defendant’s offenses pending before the court for sentencing.
794 The state attorney shall prepare the scoresheet or scoresheets,
795 which must be presented to the defense counsel for review for
796 accuracy in all cases unless the judge directs otherwise. The
797 defendant’s scoresheet or scoresheets must be approved and
798 signed by the sentencing judge.
799 (4) The Department of Corrections, in consultation with the
800 Office of the State Courts Administrator, state attorneys, and
801 public defenders, must develop and submit the revised Criminal
802 Punishment Code scoresheet to the Supreme Court for approval by
803 June 15 of each year, as necessary. Upon the Supreme Court’s
804 approval of the revised scoresheet, the Department of
805 Corrections shall produce and provide sufficient copies of the
806 revised scoresheets by September 30 of each year, as necessary.
807 Scoresheets must include item entries for the scoresheet
808 preparer’s use in indicating whether any prison sentence imposed
809 includes a mandatory minimum sentence or the sentence imposed
810 was a downward departure from the lowest permissible sentence
811 under the Criminal Punishment Code.
812 (5) The Department of Corrections shall distribute
813 sufficient copies of the Criminal Punishment Code scoresheets to
814 those persons charged with the responsibility for preparing
815 scoresheets.
816 (6) The clerk of the circuit court shall transmit a
817 complete, accurate, and legible copy of the Criminal Punishment
818 Code scoresheet used in each sentencing proceeding to the
819 Department of Corrections. Scoresheets must be transmitted no
820 less frequently than monthly, by the first of each month, and
821 may be sent collectively.
822 (7) A sentencing scoresheet must be prepared for every
823 defendant who is sentenced for a felony offense. A copy of the
824 individual offender’s Criminal Punishment Code scoresheet and
825 any attachments thereto prepared pursuant to Rule 3.701, Rule
826 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
827 any other rule pertaining to the preparation and submission of
828 felony sentencing scoresheets, must be attached to the copy of
829 the uniform judgment and sentence form provided to the
830 Department of Corrections.
831 Section 5. Section 921.30, Florida Statutes, is created to
832 read:
833 921.30 Court finding that offense was sexually motivated.
834 For offenses other than those specifically defined as a sexually
835 violent offense in s. 394.912(9)(a)-(f), the state attorney may
836 move the court to make a written finding on the record that,
837 based on the circumstances of the case, including consideration
838 of a victim impact statement, the person’s offense was sexually
839 motivated.
840 Section 6. Paragraph (e) is added to subsection (4) of
841 section 944.275, Florida Statutes, to read:
842 944.275 Gain-time.—
843 (4)
844 (e) Notwithstanding subparagraph (b)3., for sentences
845 imposed for offenses committed on or after October 1, 2014, the
846 department may not grant incentive gain-time if the offense is a
847 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
848 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
849 794.05; s. 800.04; s. 825.1025; or s. 847.0135(5).
850 Section 7. Subsection (13) is added to section 947.1405,
851 Florida Statutes, to read:
852 947.1405 Conditional release program.—
853 (13) If a person who is transferred to the custody of the
854 Department of Children and Families pursuant to part V of
855 chapter 394 is subject to conditional release supervision, the
856 period of conditional release supervision is tolled until such
857 person is no longer in the custody of the Department of Children
858 and Families. This subsection applies to all periods of
859 conditional release supervision which begin on or after October
860 1, 2014, regardless of the date of the underlying offense.
861 Section 8. Subsection (1) of section 948.012, Florida
862 Statutes, is amended, and subsections (5) and (6) are added to
863 that section, to read:
864 948.012 Split sentence of probation or community control
865 and imprisonment.—
866 (1) If Whenever punishment by imprisonment for a
867 misdemeanor or a felony, except for a capital felony, is
868 prescribed, the court, in its discretion, may, at the time of
869 sentencing, impose a split sentence whereby the defendant is to
870 be placed on probation or, with respect to any such felony, into
871 community control upon completion of any specified period of
872 such sentence which may include a term of years or less. In such
873 case, the court shall stay and withhold the imposition of the
874 remainder of sentence imposed upon the defendant and direct that
875 the defendant be placed upon probation or into community control
876 after serving such period as may be imposed by the court. Except
877 as provided in subsection (6), the period of probation or
878 community control shall commence immediately upon the release of
879 the defendant from incarceration, whether by parole or gain-time
880 allowances.
881 (5)(a) Effective for offenses committed on or after October
882 1, 2014, if the court imposes a term of years in accordance with
883 s. 775.082 which is less than the maximum sentence for the
884 offense, the court must impose a split sentence pursuant to
885 subsection (1) for any person who is convicted of a violation
886 of:
887 1. Section 782.04(1)(a)2.c.;
888 2. Section 787.01(3)(a)2. or 3.;
889 3. Section 787.02(3)(a)2. or 3.;
890 4. Section 794.011, excluding s. 794.011(10);
891 5. Section 794.05;
892 6. Section 800.04;
893 7. Section 825.1025; or
894 8. Section 847.0135(5).
895 (b) The probation or community control portion of the split
896 sentence imposed by the court must extend for at least 2 years.
897 However, if the term of years imposed by the court extends to
898 within 2 years of the maximum sentence for the offense, the
899 probation or community control portion of the split sentence
900 must extend for the remainder of the maximum sentence.
901 (6) If a defendant who has been sentenced to a split
902 sentence pursuant to subsection (1) is transferred to the
903 custody of the Department of Children and Families pursuant to
904 part V of chapter 394, the period of probation or community
905 control is tolled until such person is no longer in the custody
906 of the Department of Children and Families. This subsection
907 applies to all sentences of probation or community control which
908 begin on or after October 1, 2014, regardless of the date of the
909 underlying offense.
910 Section 9. If any provision of this act or its application
911 to any person or circumstance is held invalid, the invalidity
912 does not affect other provisions or applications of this act
913 which can be given effect without the invalid provision or
914 application, and to this end the provisions of this act are
915 severable.
916 Section 10. This act shall take effect October 1, 2014.