Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 134
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment to Amendment (536248) (with directory and
    2  title amendments)
    3  
    4         Delete lines 13 - 41
    5  and insert:
    6         (e) For a felony of the third degree, by a term of
    7  imprisonment not exceeding 5 years.
    8         (f) Effective for offenses committed on or after October 1,
    9  2015, for persons who are not sentenced to a term of
   10  imprisonment, the court shall impose a mandatory 10-year sex
   11  offender supervision term for any person who is convicted of an
   12  offense listed in s. 943.0453(1)(a)1.a.(I), or s. 775.21(4)(a)
   13  and has a prior conviction of an offense listed in s.
   14  943.0435(1)(a)1.a.(I), or s. 775.21(4)(a). For purposes of this
   15  section, “convicted” or “conviction” means that there has been a
   16  determination of guilt as a result of a trial or plea of guilty
   17  or nolo contendere, regardless of whether adjudication was
   18  withheld. This subsection does not preclude a court from
   19  imposing a greater sentence of incarceration as authorized by
   20  law, pursuant to s. 775.084 or any other provision of law.
   21         (g) Effective for offenses committed on or after October 1,
   22  2015, for persons who are sentenced to a term of imprisonment,
   23  the court shall impose a split sentence for any person who is
   24  convicted of an offense listed in s. 943.0453(1)(a)1.a.(I), or
   25  s. 775.21(4)(a) and has a prior conviction of an offense listed
   26  in s. 943.0435(1)(a)1.a.(I), or s. 775.21(4)(a). A mandatory 10
   27  year sex offender supervision term shall follow the period of
   28  incarceration. Persons sentenced under this section may be
   29  sentenced to the statutory maximum term of imprisonment in
   30  addition to the mandatory 10-year sex offender supervision term.
   31  Persons sentenced under this subsection shall have electronic
   32  monitoring imposed as a condition of supervision for the entire
   33  term of supervision. This subsection does not preclude a court
   34  from imposing a greater sentence of incarceration as authorized
   35  by law, pursuant to s. 775.084 or any other provision of law.
   36  
   37  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   38  And the directory clause is amended as follows:
   39         Delete lines 5 - 7
   40  and insert:
   41         Section 1. Paragraphs (f) and (g) are added to subsection
   42  (3) of section 775.082, Florida Statutes, to read:
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete lines 103 - 111
   47  and insert:
   48         F.S.; providing that a repeat sex offender who is not
   49         sentenced to prison must be sentenced to a 10-year
   50         mandatory term of sex offender supervision; providing
   51         that a repeat sex offender who is sentenced to prison
   52         must be sentenced to a split sentence in which a 10
   53         year mandatory term of sex offender supervision
   54         follows the offender's prison sentence; requiring
   55         electronic monitoring for a repeat sex offender who
   56         receives a split sentence; providing for greater
   57         sentencing if authorized by law;