Senate Bill 1522e1

CODING: Words stricken are deletions; words underlined are additions.







    CS for SB 1522                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to sentencing; amending s. 2,

  3         ch. 97-194, Laws of Florida; clarifying that

  4         the Criminal Punishment Code does not apply to

  5         capital felonies; amending s. 921.002, F.S.;

  6         revising the principles embodied by the

  7         Criminal Punishment Code; requiring that the

  8         Department of Corrections report on sentencing

  9         trends and practices; requiring that the

10         Criminal Justice Estimating Conference make

11         certain estimates with respect to the prison

12         population; requiring the Criminal Justice

13         Estimating Conference to project the impact of

14         proposed changes to the Criminal Punishment

15         Code; authorizing the Department of Corrections

16         to collect scoresheets and report on

17         compliance; amending s. 921.0021, F.S.;

18         clarifying application of the code; amending s.

19         921.0022, F.S.; providing for ranking certain

20         offenses under the severity ranking chart of

21         the code; specifying the ranking of additional

22         offenses; amending s. 921.0023, F.S., relating

23         to the ranking of unlisted offenses; deleting

24         duplicative provisions; amending s. 921.0024,

25         F.S.; revising the arrangement of the

26         sentencing scoresheet; providing that domestic

27         violence in the presence of a child be included

28         as a multiplier on the offense score of the

29         Criminal Punishment Code; providing for

30         calculating the total sentence points and the

31         lowest permissible sentence; clarifying the


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         calculation of points for a prior capital

  2         felony; requiring the imposition of the code

  3         sentence when it exceeds the statutory maximum;

  4         authorizing a life sentence when the total

  5         sentence points equal or exceed a threshold

  6         amount; prohibiting discretionary early release

  7         for such offenders; requiring that the

  8         Department of Corrections consult with certain

  9         persons and entities and revise the scoresheet

10         as necessary; requiring the department to

11         distribute copies of scoresheets; creating s.

12         921.0025, F.S.; providing for the adoption and

13         implementation of sentencing scoresheets;

14         amending s. 921.0026, F.S.; prohibiting the

15         court from imposing a sentence below the lowest

16         permissible sentence unless there are

17         mitigating circumstances; creating s.

18         921.00265, F.S.; requiring that the court

19         delineate its reasons if the court decreases a

20         defendant's sentence below the lowest

21         permissible sentence; amending s. 775.082,

22         F.S.; providing for the applicability of

23         sentencing structures, based on the date of the

24         offense; amending s. 775.084, F.S.; providing

25         for community control without an adjudication

26         of guilt to be considered a prior conviction

27         under certain circumstances for purposes of

28         sentencing; requiring that the court submit a

29         report when the court finds it unnecessary to

30         sentence a given defendant as a habitual felony

31         offender, a habitual violent felony offender,


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         or a violent career criminal; amending s.

  2         782.051, F.S.; revising the elements of the

  3         offense of committing a felony that causes

  4         bodily injury to provide that if a person who

  5         perpetrates or attempts to perpetrate certain

  6         enumerated felony offenses and who commits,

  7         aids, or abets an intentional act that could,

  8         but does not, cause the death of another, the

  9         person commits a first-degree felony; providing

10         for ranking such offense under the Criminal

11         Punishment Code based on the felony offense

12         committed; amending s. 924.06, F.S.; providing

13         for an appeal of a sentence that exceeds the

14         maximum penalty under s. 775.082, F.S.;

15         amending s. 924.07, F.S.; authorizing the state

16         to appeal a sentence imposed below the lowest

17         sentence permitted under the Criminal

18         Punishment Code; amending s. 944.17, F.S.;

19         revising requirements for the sheriff or chief

20         correctional officer in preparing scoresheets

21         for a prisoner who is transferred to the state

22         correctional system; creating s. 944.70, F.S.;

23         specifying the conditions under which persons

24         convicted of crimes may be released from

25         incarceration; amending s. 944.705, F.S.,

26         relating to the release orientation program;

27         conforming cross-references to changes made by

28         the act; amending s. 948.015, F.S.; revising

29         requirements for the presentence investigation

30         report for certain defendants; amending s.

31         948.034, F.S., relating to probation for


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         certain persons convicted of drug-related

  2         offenses; conforming cross-references;

  3         conforming provisions to reflect the

  4         reorganization of the Department of Health and

  5         Rehabilitative Services; amending s. 948.51,

  6         F.S., relating to community corrections

  7         assistance; conforming a cross-reference;

  8         conforming a reference to sentencing scores to

  9         reflect changes in sentencing requirements;

10         amending s. 958.04, F.S., relating to judicial

11         disposition of youthful offenders; providing

12         for a sentence imposed outside of the code to

13         be appealed; providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 2 of chapter 97-194, Laws of

18  Florida, is amended to read:

19         Section 2.  The Florida Criminal Punishment Code,

20  consisting of sections 921.002-921.0026, Florida Statutes, is

21  established effective October 1, 1998, and applies to any

22  felony committed on or after that date, excluding any capital

23  felony.

24         Section 2.  Section 921.002, Florida Statutes, as

25  created by section 3 of chapter 97-194, Laws of Florida, is

26  amended to read:

27         921.002  The Criminal Punishment Code.--The Criminal

28  Punishment Code shall apply to all felony offenses, except

29  capital felonies, committed on or after October 1, 1998.

30         (1)  The provision of criminal penalties and of

31  limitations upon the application of such penalties is a matter


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  of predominantly substantive law and, as such, is a matter

  2  properly addressed by the Legislature.  The Legislature, in

  3  the exercise of its authority and responsibility to establish

  4  sentencing criteria, to provide for the imposition of criminal

  5  penalties, and to make the best use of state prisons so that

  6  violent criminal offenders are appropriately incarcerated, has

  7  determined that it is in the best interest of the state to

  8  develop, implement, and revise a sentencing policy. The

  9  Criminal Punishment Code embodies the principles that:

10         (a)  Sentencing is neutral with respect to race,

11  gender, and social and economic status.

12         (b)  The primary purpose of sentencing is to punish the

13  offender. Rehabilitation is a desired goal of the criminal

14  justice system but is subordinate to the goal of punishment.

15         (c)  The penalty imposed is commensurate with the

16  severity of the primary offense and the circumstances

17  surrounding the primary offense.

18         (d)  The severity of the sentence increases with the

19  length and nature of the offender's prior record.

20         (e)  The sentence imposed by the sentencing judge

21  reflects the length of actual time to be served, shortened

22  only by the application of incentive and meritorious gain-time

23  as provided by law, and may not be shortened if the defendant

24  would consequently serve less than 85 percent of his or her

25  term of imprisonment as provided in s. 944.275(4)(b)3. The

26  provisions of chapter 947, relating to parole, shall not apply

27  to persons sentenced under the Criminal Punishment Code.

28         (f)  Departures below the lowest permissible sentence

29  sentencing range established by in the code must be

30  articulated in writing by the trial court judge and made only

31  when circumstances or factors reasonably justify the


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  aggravation or mitigation of the sentence. The level of proof

  2  necessary to establish facts that support a departure from the

  3  lowest permissible sentence sentencing range is a

  4  preponderance of the evidence.

  5         (g)  The trial court judge may impose a sentence up to

  6  and including the statutory maximum for any offense, including

  7  an offense that is before the court due to a violation of

  8  probation or community control.

  9         (h)  A sentence may be appealed on the basis that it

10  departs from the Criminal Punishment Code only if the sentence

11  is below the lowest permissible sentence or as enumerated in

12  s. 924.06(1) sentencing range.

13         (i)  Use of incarcerative sanctions is prioritized

14  toward offenders convicted of serious offenses and certain

15  offenders who have long prior records, in order to maximize

16  the finite capacities of state and local correctional

17  facilities.

18         (2)  When a defendant is before the court for

19  sentencing for more than one felony and the felonies were

20  committed under more than one version or revision of the

21  former sentencing guidelines or the code, each felony shall be

22  sentenced under the guidelines or the code in effect at the

23  time the particular felony was committed.  This subsection

24  does not apply to sentencing for any capital felony.

25         (3)  A court may impose a departure below the lowest

26  permissible sentence sentencing range based upon circumstances

27  or factors that reasonably justify the mitigation of the

28  sentence in accordance with s. 921.0026.  The level of proof

29  necessary to establish facts supporting the mitigation of a

30  sentence is a preponderance of the evidence.  When multiple

31  reasons exist to support the mitigation, the mitigation shall


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  be upheld when at least one circumstance or factor justifies

  2  the mitigation regardless of the presence of other

  3  circumstances or factors found not to justify mitigation.  Any

  4  sentence imposed below the lowest permissible sentence

  5  sentencing range must be explained in writing by the trial

  6  court judge.

  7         (4)(a)  The Department of Corrections shall report on

  8  trends in sentencing practices and sentencing score thresholds

  9  and provide an analysis on the sentencing factors considered

10  by the courts and shall submit this information to the

11  Legislature by October 1 of each year, beginning in 1999.

12         (b)  The Criminal Justice Estimating Conference, with

13  the assistance of the Department of Corrections, shall

14  estimate the impact of any proposed change to the Criminal

15  Punishment Code on future rates of incarceration and on the

16  prison population. The Criminal Justice Estimating Conference

17  shall base its projections on historical data concerning

18  sentencing practices which have been accumulated by the

19  Department of Corrections and other relevant data from other

20  state agencies and records of the Department of Corrections

21  which disclose the average time served for offenses covered by

22  any proposed changes to the Criminal Punishment Code.

23         (c)  In order to produce projects that are either

24  required by law or requested by the Legislature to assist the

25  Legislature in making modifications to the Criminal Punishment

26  Code, the Department of Corrections is authorized to collect

27  and evaluate Criminal Punishment Code scoresheets from each of

28  the judicial circuits after sentencing. Beginning in 1999, by

29  October 1 of each year, the Department of Corrections shall

30  provide an annual report to the Legislature that shows the

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  rate of compliance of each judicial circuit in providing

  2  scoresheets to the department.

  3         Section 3.  Section 921.0021, Florida Statutes, as

  4  created by section 4 of chapter 97-194, Laws of Florida, is

  5  amended to read:

  6         921.0021  Definitions.--As used in this chapter, for

  7  any felony offense, except any capital felony, committed on or

  8  after October 1, 1998, the term:

  9         (1)  "Additional offense" means any offense other than

10  the primary offense for which an offender is convicted and

11  which is pending before the court for sentencing at the time

12  of the primary offense.

13         (2)  "Conviction" means a determination of guilt that

14  is the result of a plea or a trial, regardless of whether

15  adjudication is withheld.

16         (3)  "Legal status" means an offender's status if the

17  offender:

18         (a)  Escapes from incarceration;

19         (b)  Flees to avoid prosecution;

20         (c)  Fails to appear for a criminal proceeding;

21         (d)  Violates any condition of a supersedeas bond;

22         (e)  Is incarcerated;

23         (f)  Is under any form of a pretrial intervention or

24  diversion program; or

25         (g)  Is under any form of court-imposed or postprison

26  release community supervision.

27         (4)  "Primary offense" means the offense at conviction

28  pending before the court for sentencing for which the total

29  sentence points recommend a sanction that is as severe as, or

30  more severe than, the sanction recommended for any other

31  offense committed by the offender and pending before the court


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  at sentencing.  Only one count of one offense before the court

  2  for sentencing shall be classified as the primary offense.

  3         (5)  "Prior record" means a conviction for a crime

  4  committed by the offender, as an adult or a juvenile, prior to

  5  the time of the primary offense.  Convictions by federal,

  6  out-of-state, military, or foreign courts, and convictions for

  7  violations of county or municipal ordinances that incorporate

  8  by reference a penalty under state law, are included in the

  9  offender's prior record.  Convictions for offenses committed

10  by the offender more than 10 years before the primary offense

11  are not included in the offender's prior record if the

12  offender has not been convicted of any other crime for a

13  period of 10 consecutive years from the most recent date of

14  release from confinement, supervision, or sanction, whichever

15  is later, to the date of the primary offense.  Juvenile

16  dispositions of offenses committed by the offender within 3

17  years before the primary offense are included in the

18  offender's prior record when the offense would have been a

19  crime had the offender been an adult rather than a juvenile.

20  Juvenile dispositions of sexual offenses committed by the

21  offender which were committed 3 years or more before the

22  primary offense are included in the offender's prior record if

23  the offender has not maintained a conviction-free record,

24  either as an adult or a juvenile, for a period of 3

25  consecutive years from the most recent date of release from

26  confinement, supervision, or sanction, whichever is later, to

27  the date of the primary offense.

28         (6)  "Community sanction" includes:

29         (a)  Probation.

30         (b)  Community control.

31         (c)  Pretrial intervention or diversion.


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (7)(a)  "Victim injury" means the physical injury or

  2  death suffered by a person as a direct result of the primary

  3  offense, or any additional offense, for which an offender is

  4  convicted and which is pending before the court for sentencing

  5  at the time of the primary offense.

  6         (b)  Except as provided in paragraph (c) or paragraph

  7  (d),

  8         1.  If the conviction is for an offense involving

  9  sexual contact that includes sexual penetration, the sexual

10  penetration must be scored in accordance with the sentence

11  points provided under s. 921.0024 for sexual penetration,

12  regardless of whether there is evidence of any physical

13  injury.

14         2.  If the conviction is for an offense involving

15  sexual contact that does not include sexual penetration, the

16  sexual contact must be scored in accordance with the sentence

17  points provided under s. 921.0024 for sexual contact,

18  regardless of whether there is evidence of any physical

19  injury.

20

21  If the victim of an offense involving sexual contact suffers

22  any physical injury as a direct result of the primary offense

23  or any additional offense committed by the offender resulting

24  in conviction, such physical injury must be scored separately

25  and in addition to the points scored for the sexual contact or

26  the sexual penetration.

27         (c)  The sentence points provided under s. 921.0024 for

28  sexual contact or sexual penetration may not be assessed for a

29  violation of s. 944.35(3)(b)2.

30

31


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (d)  If the conviction is for the offense described in

  2  s. 872.06, the sentence points provided under s. 921.0024 for

  3  sexual contact or sexual penetration may not be assessed.

  4         Section 4.  Section 921.0022, Florida Statutes, as

  5  created by section 5 of chapter 97-194, Laws of Florida, is

  6  amended to read:

  7         921.0022  Criminal Punishment Code; offense severity

  8  ranking chart.--

  9         (1)  The offense severity ranking chart must be used

10  with the Criminal Punishment Code worksheet to compute a

11  sentence score for each felony offender whose offense was

12  committed on or after October 1, 1998.

13         (2)  The offense severity ranking chart has 10 offense

14  levels, ranked from least severe, which are level 1 offenses,

15  to most severe, which are level 10 offenses, and each felony

16  offense is assigned to a level according to the severity of

17  the offense. For purposes of determining which felony offenses

18  are specifically listed in the offense severity ranking chart

19  and which severity level has been assigned to each of these

20  offenses, the numerical statutory references in the left

21  column of the chart and the felony degree designations in the

22  middle column of the chart are controlling; the language in

23  the right column of the chart is provided solely for

24  descriptive purposes. Reclassification of the degree of the

25  felony through the application of s. 775.0845, s. 775.087, s.

26  775.0875, or s. 794.023, or any other law that provides an

27  enhanced penalty for a felony offense, to any offense listed

28  in the offense severity ranking chart in this section shall

29  not cause the offense to become unlisted and is not subject to

30  the provisions of s. 921.0023.

31         (3)  OFFENSE SEVERITY RANKING CHART


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1

  2  Florida           Felony

  3  Statute           Degree             Description

  4

  5                              (a)  LEVEL 1

  6  24.118(3)(a)       3rd      Counterfeit or altered state

  7                              lottery ticket.

  8  212.054(2)(b)      3rd      Discretionary sales surtax;

  9                              limitations, administration, and

10                              collection.

11  212.15(2)(b)       3rd      Failure to remit sales taxes,

12                              amount greater than $300 but less

13                              than $20,000.

14  319.30(5)          3rd      Sell, exchange, give away

15                              certificate of title or

16                              identification number plate.

17  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

18                              odometer.

19  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

20                              registration license plates or

21                              validation stickers.

22  322.212(1)         3rd      Possession of forged, stolen,

23                              counterfeit, or unlawfully issued

24                              driver's license; possession of

25                              simulated identification.

26  322.212(4)         3rd      Supply or aid in supplying

27                              unauthorized driver's license or

28                              identification card.

29  322.212(5)(a)      3rd      False application for driver's

30                              license or identification card.

31


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  370.13(4)(a)       3rd      Molest any stone crab trap, line,

  2                              or buoy which is property of

  3                              licenseholder.

  4  370.135(1)         3rd      Molest any blue crab trap, line,

  5                              or buoy which is property of

  6                              licenseholder.

  7  372.663(1)         3rd      Poach any alligator or

  8                              crocodilia.

  9  414.39(2)          3rd      Unauthorized use, possession,

10                              forgery, or alteration of food

11                              stamps, Medicaid ID, value

12                              greater than $200.

13  414.39(3)(a)       3rd      Fraudulent misappropriation of

14                              public assistance funds by

15                              employee/official, value more

16                              than $200.

17  443.071(1)         3rd      False statement or representation

18                              to obtain or increase

19                              unemployment compensation

20                              benefits.

21  458.327(1)(a)      3rd      Unlicensed practice of medicine.

22  466.026(1)(a)      3rd      Unlicensed practice of dentistry

23                              or dental hygiene.

24  509.151(1)         3rd      Defraud an innkeeper, food or

25                              lodging value greater than $300.

26  517.302(1)         3rd      Violation of the Florida

27                              Securities and Investor

28                              Protection Act.

29  562.27(1)          3rd      Possess still or still apparatus.

30

31


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  713.69             3rd      Tenant removes property upon

  2                              which lien has accrued, value

  3                              more than $50.

  4  812.014(3)(c)      3rd      Petit theft (3rd conviction);

  5                              theft of any property not

  6                              specified in subsection (2).

  7  812.081(2)         3rd      Unlawfully makes or causes to be

  8                              made a reproduction of a trade

  9                              secret.

10  815.04(4)(a)       3rd      Offense against intellectual

11                              property (i.e., computer

12                              programs, data).

13  817.52(2)          3rd      Hiring with intent to defraud,

14                              motor vehicle services.

15  826.01             3rd      Bigamy.

16  828.122(3)         3rd      Fighting or baiting animals.

17  831.04(1)          3rd      Any erasure, alteration, etc., of

18                              any replacement deed, map, plat,

19                              or other document listed in s.

20                              92.28.

21  831.31(1)(a)       3rd      Sell, deliver, or possess

22                              counterfeit controlled

23                              substances, all but s. 893.03(5)

24                              drugs.

25  832.041(1)         3rd      Stopping payment with intent to

26                              defraud $150 or more.

27  832.05

28   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

29                              worthless checks $150 or more or

30                              obtaining property in return for

31                              worthless check $150 or more.


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  838.015(3)         3rd      Bribery.

  2  838.016(1)         3rd      Public servant receiving unlawful

  3                              compensation.

  4  838.15(2)          3rd      Commercial bribe receiving.

  5  838.16             3rd      Commercial bribery.

  6  843.18             3rd      Fleeing by boat to elude a law

  7                              enforcement officer.

  8  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

  9                              lewd, etc., material (2nd

10                              conviction).

11  849.01             3rd      Keeping gambling house.

12  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

13                              or assist therein, conduct or

14                              advertise drawing for prizes, or

15                              dispose of property or money by

16                              means of lottery.

17  849.23             3rd      Gambling-related machines;

18                              "common offender" as to property

19                              rights.

20  849.25(2)          3rd      Engaging in bookmaking.

21  860.08             3rd      Interfere with a railroad signal.

22  860.13(1)(a)       3rd      Operate aircraft while under the

23                              influence.

24  893.13(2)(a)2.     3rd      Purchase of cannabis.

25  893.13(6)(a)       3rd      Possession of cannabis (more than

26                              20 grams).

27  893.13(7)(a)10.    3rd      Affix false or forged label to

28                              package of controlled substance.

29  934.03(1)(a)       3rd      Intercepts, or procures any other

30                              person to intercept, any wire or

31                              oral communication.


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1                              (b)  LEVEL 2

  2  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

  3                              lbs. in weight or 100 cubic feet

  4                              in volume or any quantity for

  5                              commercial purposes, or hazardous

  6                              waste.

  7  517.07             3rd      Registration of securities and

  8                              furnishing of prospectus

  9                              required.

10  590.28(1)          3rd      Willful, malicious, or

11                              intentional burning.

12  784.05(3)          3rd      Storing or leaving a loaded

13                              firearm within reach of minor who

14                              uses it to inflict injury or

15                              death.

16  787.04(1)          3rd      In violation of court order,

17                              take, entice, etc., minor beyond

18                              state limits.

19  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

20                              or more to public communication

21                              or any other public service.

22  810.09(2)(e)       3rd      Trespassing on posted commerical

23                              horticulture property.

24  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

25                              more but less than $5,000.

26  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

27                              more but less than $300, taken

28                              from unenclosed curtilage of

29                              dwelling.

30  817.234(1)(a)2.    3rd      False statement in support of

31                              insurance claim.


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  817.481(3)(a)      3rd      Obtain credit or purchase with

  2                              false, expired, counterfeit,

  3                              etc., credit card, value over

  4                              $300.

  5  817.52(3)          3rd      Failure to redeliver hired

  6                              vehicle.

  7  817.54             3rd      With intent to defraud, obtain

  8                              mortgage note, etc., by false

  9                              representation.

10  817.60(5)          3rd      Dealing in credit cards of

11                              another.

12  817.60(6)(a)       3rd      Forgery; purchase goods, services

13                              with false card.

14  817.61             3rd      Fraudulent use of credit cards

15                              over $100 or more within 6

16                              months.

17  826.04             3rd      Knowingly marries or has sexual

18                              intercourse with person to whom

19                              related.

20  831.01             3rd      Forgery.

21  831.02             3rd      Uttering forged instrument;

22                              utters or publishes alteration

23                              with intent to defraud.

24  831.07             3rd      Forging bank bills or promissory

25                              note.

26  831.08             3rd      Possession of 10 or more forged

27                              notes.

28  831.09             3rd      Uttering forged bills; passes as

29                              bank bill or promissory note.

30  832.05(3)(a)       3rd      Cashing or depositing item with

31                              intent to defraud.


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  843.08             3rd      Falsely impersonating an officer.

  2  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

  3                              (2)(c), (3), or (4) drugs other

  4                              than cannabis.

  5  893.147(2)         3rd      Manufacture or delivery of drug

  6                              paraphernalia.

  7                              (c)  LEVEL 3

  8  39.061             3rd      Escapes from juvenile facility

  9                              (secure detention or residential

10                              commitment facility).

11  319.30(4)          3rd      Possession by junkyard of motor

12                              vehicle with identification

13                              number plate removed.

14  319.33(1)(a)       3rd      Alter or forge any certificate of

15                              title to a motor vehicle or

16                              mobile home.

17  319.33(1)(c)       3rd      Procure or pass title on stolen

18                              vehicle.

19  319.33(4)          3rd      With intent to defraud, possess,

20                              sell, etc., a blank, forged, or

21                              unlawfully obtained title or

22                              registration.

23  328.05(2)          3rd      Possess, sell, or counterfeit

24                              fictitious, stolen, or fraudulent

25                              titles or bills of sale of

26                              vessels.

27  328.07(4)          3rd      Manufacture, exchange, or possess

28                              vessel with counterfeit or wrong

29                              ID number.

30

31


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  376.302(5)         3rd      Fraud related to reimbursement

  2                              for cleanup expenses under the

  3                              Inland Protection Trust Fund.

  4  501.001(2)(b)      2nd      Tampers with a consumer product

  5                              or the container using materially

  6                              false/misleading information.

  7  697.08             3rd      Equity skimming.

  8  790.15(3)          3rd      Person directs another to

  9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  815.04(4)(b)       2nd      Computer offense devised to

23                              defraud or obtain property.

24  817.034(4)(a)3.    3rd      Engages in scheme to defraud

25                              (Florida Communications Fraud

26                              Act), property valued at less

27                              than $20,000.

28  817.233            3rd      Burning to defraud insurer.

29  828.12(2)          3rd      Tortures any animal with intent

30                              to inflict intense pain, serious

31                              physical injury, or death.


                                  19

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  831.29             2nd      Possession of instruments for

  2                              counterfeiting drivers' licenses

  3                              or identification cards.

  4  838.021(3)(b)      3rd      Threatens unlawful harm to public

  5                              servant.

  6  843.19             3rd      Injure, disable, or kill police

  7                              dog or horse.

  8  870.01(2)          3rd      Riot; inciting or encouraging.

  9  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

10                              cannabis (or other s.

11                              893.03(1)(c), (2)(c), (3), or (4)

12                              drugs).

13  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c), (3), or (4)

15                              drugs within 200 feet of

16                              university, public housing

17                              facility, or public park.

18  893.13(6)(a)       3rd      Possession of any controlled

19                              substance other than felony

20                              possession of cannabis.

21  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

22                              controlled substance by fraud,

23                              forgery, misrepresentation, etc.

24  893.13(7)(a)11.    3rd      Furnish false or fraudulent

25                              material information on any

26                              document or record required by

27                              chapter 893.

28  918.13(1)(a)       3rd      Alter, destroy, or conceal

29                              investigation evidence.

30

31


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  944.401            3rd      Escapes from a juvenile facility

  2                              (secure detention or residential

  3                              commitment facility).

  4  944.47

  5   (1)(a)1.-2.       3rd      Introduce contraband to

  6                              correctional facility.

  7  944.47(1)(c)       2nd      Possess contraband while upon the

  8                              grounds of a correctional

  9                              institution.

10                              (d)  LEVEL 4

11  316.1935(2)        3rd      Fleeing or attempting to elude

12                              law enforcement officer resulting

13                              in high-speed pursuit.

14  784.07(2)(b)       3rd      Battery of law enforcement

15                              officer, firefighter, intake

16                              officer, etc.

17  784.075            3rd      Battery on detention or

18                              commitment facility staff.

19  784.08(2)(c)       3rd      Battery on a person 65 years of

20                              age or older.

21  784.081(3)         3rd      Battery on specified official or

22                              employee.

23  784.082(3)         3rd      Battery by detained person on

24                              visitor or other detainee.

25  787.03(1)          3rd      Interference with custody;

26                              wrongly takes child from

27                              appointed guardian.

28  787.04(2)          3rd      Take, entice, or remove child

29                              beyond state limits with criminal

30                              intent pending custody

31                              proceedings.


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  787.04(3)          3rd      Carrying child beyond state lines

  2                              with criminal intent to avoid

  3                              producing child at custody

  4                              hearing or delivering to

  5                              designated person.

  6  790.115(1)         3rd      Exhibiting firearm or weapon

  7                              within 1,000 feet of a school.

  8  790.115(2)(b)      3rd      Possessing electric weapon or

  9                              device, destructive device, or

10                              other weapon on school property.

11  790.115(2)(c)      3rd      Possessing firearm on school

12                              property.

13  810.02(4)(a)       3rd      Burglary, or attempted burglary,

14                              of an unoccupied structure;

15                              unarmed; no assault or battery.

16  810.02(4)(b)       3rd      Burglary, or attempted burglary,

17                              of an unoccupied conveyance;

18                              unarmed; no assault or battery.

19  810.06             3rd      Burglary; possession of tools.

20  810.08(2)(c)       3rd      Trespass on property, armed with

21                              firearm or dangerous weapon.

22  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

23                              or more but less than $20,000.

24  812.014

25   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

26                              firearm, motor vehicle,

27                              livestock, etc.

28  817.563(1)         3rd      Sell or deliver substance other

29                              than controlled substance agreed

30                              upon, excluding s. 893.03(5)

31                              drugs.


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  828.125(1)         2nd      Kill, maim, or cause great bodily

  2                              harm or permanent breeding

  3                              disability to any registered

  4                              horse or cattle.

  5  837.02(1)          3rd      Perjury in official proceedings.

  6  837.021(1)         3rd      Make contradictory statements in

  7                              official proceedings.

  8  843.025            3rd      Deprive law enforcement,

  9                              correctional, or correctional

10                              probation officer of means of

11                              protection or communication.

12  843.15(1)(a)       3rd      Failure to appear while on bail

13                              for felony (bond estreature or

14                              bond jumping).

15  874.05(1)          3rd      Encouraging or recruiting another

16                              to join a criminal street gang.

17  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

18                              893.03(1)(a), (b), or (d), or

19                              (2)(a) or (b) drugs).

20  914.14(2)          3rd      Witnesses accepting bribes.

21  914.22(1)          3rd      Force, threaten, etc., witness,

22                              victim, or informant.

23  914.23(2)          3rd      Retaliation against a witness,

24                              victim, or informant, no bodily

25                              injury.

26  918.12             3rd      Tampering with jurors.

27                              (e)  LEVEL 5

28  316.027(1)(a)      3rd      Accidents involving personal

29                              injuries, failure to stop;

30                              leaving scene.

31  316.1935(3)        3rd      Aggravated fleeing or eluding.


                                  23

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  322.34(3)          3rd      Careless operation of motor

  2                              vehicle with suspended license,

  3                              resulting in death or serious

  4                              bodily injury.

  5  327.30(5)          3rd      Vessel accidents involving

  6                              personal injury; leaving scene.

  7  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

  8                              knowing HIV positive.

  9  790.01(2)          3rd      Carrying a concealed firearm.

10  790.162            2nd      Threat to throw or discharge

11                              destructive device.

12  790.163            2nd      False report of deadly explosive.

13  790.165(2)         3rd      Manufacture, sell, possess, or

14                              deliver hoax bomb.

15  790.221(1)         2nd      Possession of short-barreled

16                              shotgun or machine gun.

17  790.23             2nd      Felons in possession of firearms

18                              or electronic weapons or devices.

19  806.111(1)         3rd      Possess, manufacture, or dispense

20                              fire bomb with intent to damage

21                              any structure or property.

22  812.019(1)         2nd      Stolen property; dealing in or

23                              trafficking in.

24  812.16(2)          3rd      Owning, operating, or conducting

25                              a chop shop.

26  817.034(4)(a)2.    2nd      Communications fraud, value

27                              $20,000 to $50,000.

28  825.1025(4)        3rd      Lewd or lascivious exhibition in

29                              the presence of an elderly person

30                              or disabled adult.

31


                                  24

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  827.071(4)         2nd      Possess with intent to promote

  2                              any photographic material, motion

  3                              picture, etc., which includes

  4                              sexual conduct by a child.

  5  843.01             3rd      Resist officer with violence to

  6                              person; resist arrest with

  7                              violence.

  8  874.05(2)          2nd      Encouraging or recruiting another

  9                              to join a criminal street gang;

10                              second or subsequent offense.

11  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

12                              cocaine (or other s.

13                              893.03(1)(a), (1)(b), (1)(d),

14                              (2)(a), or (2)(b) drugs).

15  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

16                              cannabis (or other s.

17                              893.03(1)(c), (2)(c), (3), or (4)

18                              drugs) within 1,000 feet of a

19                              child care facility or school.

20  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

21                              cocaine (or other s.

22                              893.03(1)(a), (1)(b), (1)(d),

23                              (2)(a), or (2)(b) drugs) within

24                              200 feet of university, public

25                              housing facility, or public park.

26

27

28

29

30

31


                                  25

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  893.13(1)(e)       2nd      Sell, manufacture, or deliver

  2                              cannabis or other drug prohibited

  3                              under s. 893.03(1)(c), (2)(c),

  4                              (3), or (4) within 1,000 feet of

  5                              property used for religious

  6                              services or a specified business

  7                              site.

  8  893.13(4)(b)       2nd      Deliver to minor cannabis (or

  9                              other s. 893.03(1)(c), (2)(c),

10                              (3), or (4) drugs).

11                              (f)  LEVEL 6

12  316.027(1)(b)      2nd      Accident involving death, failure

13                              to stop; leaving scene.

14  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

15                              conviction.

16  775.0875(1)        3rd      Taking firearm from law

17                              enforcement officer.

18  775.21(9)          3rd      Sexual predators; failure to

19                              register; failure to renew

20                              driver's license or

21                              identification card.

22  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

23                              without intent to kill.

24  784.021(1)(b)      3rd      Aggravated assault; intent to

25                              commit felony.

26  784.041            3rd      Felony battery.

27  784.048(3)         3rd      Aggravated stalking; credible

28                              threat.

29  784.048(5)         3rd      Aggravated stalking of person

30                              under 16.

31


                                  26

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  784.07(2)(c)       2nd      Aggravated assault on law

  2                              enforcement officer.

  3  784.08(2)(b)       2nd      Aggravated assault on a person 65

  4                              years of age or older.

  5  784.081(2)         2nd      Aggravated assault on specified

  6                              official or employee.

  7  784.082(2)         2nd      Aggravated assault by detained

  8                              person on visitor or other

  9                              detainee.

10  787.02(2)          3rd      False imprisonment; restraining

11                              with purpose other than those in

12                              s. 787.01.

13  790.115(2)(d)      2nd      Discharging firearm or weapon on

14                              school property.

15  790.161(2)         2nd      Make, possess, or throw

16                              destructive device with intent to

17                              do bodily harm or damage

18                              property.

19  790.164(1)         2nd      False report of deadly explosive

20                              or act of arson or violence to

21                              state property.

22  790.19             2nd      Shooting or throwing deadly

23                              missiles into dwellings, vessels,

24                              or vehicles.

25  794.011(8)(a)      3rd      Solicitation of minor to

26                              participate in sexual activity by

27                              custodial adult.

28  794.05(1)          2nd      Unlawful sexual activity with

29                              specified minor.

30

31


                                  27

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  806.031(2)         2nd      Arson resulting in great bodily

  2                              harm to firefighter or any other

  3                              person.

  4  810.02(3)(c)       2nd      Burglary of occupied structure;

  5                              unarmed; no assault or battery.

  6  812.014(2)(b)      2nd      Property stolen $20,000 or more,

  7                              but less than $100,000, grand

  8                              theft in 2nd degree.

  9  812.13(2)(c)       2nd      Robbery, no firearm or other

10                              weapon (strong-arm robbery).

11  817.034(4)(a)1.    1st      Communications fraud, value

12                              greater than $50,000.

13  817.4821(5)        2nd      Possess cloning paraphernalia

14                              with intent to create cloned

15                              cellular telephones.

16  825.102(1)         3rd      Abuse of an elderly person or

17                              disabled adult.

18  825.102(3)(c)      3rd      Neglect of an elderly person or

19                              disabled adult.

20  825.1025(3)        3rd      Lewd or lascivious molestation of

21                              an elderly person or disabled

22                              adult.

23  825.103(2)(c)      3rd      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at $100 or more, but less

26                              than $20,000.

27  827.03(1)          3rd      Abuse of a child.

28  827.03(3)(c)       3rd      Neglect of a child.

29  827.071(2)&(3)     2nd      Use or induce a child in a sexual

30                              performance, or promote or direct

31                              such performance.


                                  28

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  836.05             2nd      Threats; extortion.

  2  836.10             2nd      Written threats to kill or do

  3                              bodily injury.

  4  843.12             3rd      Aids or assists person to escape.

  5  847.0135(3)        3rd      Solicitation of a child, via a

  6                              computer service, to commit an

  7                              unlawful sex act.

  8  914.23             2nd      Retaliation against a witness,

  9                              victim, or informant, with bodily

10                              injury.

11  943.0435(6)        3rd      Sex offenders; failure to comply

12                              with reporting requirements.

13  944.35(3)(a)2.     3rd      Committing malicious battery upon

14                              or inflicting cruel or inhuman

15                              treatment on an inmate or

16                              offender on community

17                              supervision, resulting in great

18                              bodily harm.

19  944.40             2nd      Escapes.

20  944.46             3rd      Harboring, concealing, aiding

21                              escaped prisoners.

22  944.47(1)(a)5.     2nd      Introduction of contraband

23                              (firearm, weapon, or explosive)

24                              into correctional facility.

25  951.22(1)          3rd      Intoxicating drug, firearm, or

26                              weapon introduced into county

27                              facility.

28                              (g)  LEVEL 7

29  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

30                              injury.

31


                                  29

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  2                              bodily injury.

  3  409.920(2)         3rd      Medicaid provider fraud.

  4  494.0018(2)        1st      Conviction of any violation of

  5                              ss. 494.001-494.0077 in which the

  6                              total money and property

  7                              unlawfully obtained exceeded

  8                              $50,000 and there were five or

  9                              more victims.

10  782.051(3)         2nd      Attempted felony murder of a

11                              person by a person other than the

12                              perpetrator or the perpetrator of

13                              an attempted felony.

14  782.07(1)          2nd      Killing of a human being by the

15                              act, procurement, or culpable

16                              negligence of another

17                              (manslaughter).

18  782.071            3rd      Killing of human being by the

19                              operation of a motor vehicle in a

20                              reckless manner (vehicular

21                              homicide).

22  782.072            3rd      Killing of a human being by the

23                              operation of a vessel in a

24                              reckless manner (vessel

25                              homicide).

26  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

27                              causing great bodily harm or

28                              disfigurement.

29  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

30                              weapon.

31


                                  30

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  784.045(1)(b)      2nd      Aggravated battery; perpetrator

  2                              aware victim pregnant.

  3  784.048(4)         3rd      Aggravated stalking; violation of

  4                              injunction or court order.

  5  784.07(2)(d)       1st      Aggravated battery on law

  6                              enforcement officer.

  7  784.08(2)(a)       1st      Aggravated battery on a person 65

  8                              years of age or older.

  9  784.081(1)         1st      Aggravated battery on specified

10                              official or employee.

11  784.082(1)         1st      Aggravated battery by detained

12                              person on visitor or other

13                              detainee.

14  790.07(4)          1st      Specified weapons violation

15                              subsequent to previous conviction

16                              of s. 790.07(1) or (2).

17  790.16(1)          1st      Discharge of a machine gun under

18                              specified circumstances.

19  796.03             2nd      Procuring any person under 16

20                              years for prostitution.

21  800.04             2nd      Handle, fondle, or assault child

22                              under 16 years in lewd,

23                              lascivious, or indecent manner.

24  806.01(2)          2nd      Maliciously damage structure by

25                              fire or explosive.

26  810.02(3)(a)       2nd      Burglary of occupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(d)       2nd      Burglary of occupied conveyance;

31                              unarmed; no assault or battery.


                                  31

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  812.014(2)(a)      1st      Property stolen, valued at

  2                              $100,000 or more; property stolen

  3                              while causing other property

  4                              damage; 1st degree grand theft.

  5  812.019(2)         1st      Stolen property; initiates,

  6                              organizes, plans, etc., the theft

  7                              of property and traffics in

  8                              stolen property.

  9  812.133(2)(b)      1st      Carjacking; no firearm, deadly

10                              weapon, or other weapon.

11  825.102(3)(b)      2nd      Neglecting an elderly person or

12                              disabled adult causing great

13                              bodily harm, disability, or

14                              disfigurement.

15  825.1025(2)        2nd      Lewd or lascivious battery upon

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(b)      2nd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at $20,000 or more, but

21                              less than $100,000.

22  827.03(3)(b)       2nd      Neglect of a child causing great

23                              bodily harm, disability, or

24                              disfigurement.

25  827.04(4)          3rd      Impregnation of a child under 16

26                              years of age by person 21 years

27                              of age or older.

28  837.05(2)          3rd      Giving false information about

29                              alleged capital felony to a law

30                              enforcement officer.

31  872.06             2nd      Abuse of a dead human body.


                                  32

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other drug prohibited

  3                              under s. 893.03(1)(a), (1)(b),

  4                              (1)(d), (2)(a), or (2)(b) drugs)

  5                              within 1,000 feet of a child care

  6                              facility or school.

  7  893.13(1)(e)       1st      Sell, manufacture, or deliver

  8                              cocaine or other drug prohibited

  9                              under s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), or (2)(b), within

11                              1,000 feet of property used for

12                              religious services or a specified

13                              business site.

14  893.13(4)(a)       1st      Deliver to minor cocaine (or

15                              other s. 893.03(1)(a), (1)(b),

16                              (1)(d), (2)(a), or (2)(b) drugs).

17  893.135(1)(a)1.    1st      Trafficking in cannabis, more

18                              than 50 lbs., less than 2,000

19                              lbs.

20  893.135

21   (1)(b)1.a.        1st      Trafficking in cocaine, more than

22                              28 grams, less than 200 grams.

23  893.135

24   (1)(c)1.a.        1st      Trafficking in illegal drugs,

25                              more than 4 grams, less than 14

26                              grams.

27  893.135

28   (1)(d)1.          1st      Trafficking in phencyclidine,

29                              more than 28 grams, less than 200

30                              grams.

31


                                  33

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  2                              than 200 grams, less than 5

  3                              kilograms.

  4  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  5                              than 14 grams, less than 28

  6                              grams.

  7  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4

  8                              grams or more, less than 14

  9                              grams.

10                              (h)  LEVEL 8

11  316.193

12   (3)(c)3.a.        2nd      DUI manslaughter.

13  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

14  777.03(2)(a)       1st      Accessory after the fact, capital

15                              felony.

16  782.04(4)          2nd      Killing of human without design

17                              when engaged in act or attempt of

18                              any felony other than arson,

19                              sexual battery, robbery,

20                              burglary, kidnapping, aircraft

21                              piracy, or unlawfully discharging

22                              bomb.

23  782.051(2)         1st      Attempted felony murder while

24                              perpetrating or attempting to

25                              perpetrate a felony not

26                              enumerated in s. 782.04(3).

27  782.071(2)         2nd      Committing vehicular homicide and

28                              failing to render aid or give

29                              information.

30

31


                                  34

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  782.072(2)         2nd      Committing vessel homicide and

  2                              failing to render aid or give

  3                              information.

  4  790.161(3)         1st      Discharging a destructive device

  5                              which results in bodily harm or

  6                              property damage.

  7  794.011(5)         2nd      Sexual battery, victim 12 years

  8                              or over, offender does not use

  9                              physical force likely to cause

10                              serious injury.

11  806.01(1)          1st      Maliciously damage dwelling or

12                              structure by fire or explosive,

13                              believing person in structure.

14  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

15  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

16                              or dangerous weapon.

17  810.02(2)(c)       1st      Burglary of a dwelling or

18                              structure causing structural

19                              damage or $1,000 or more property

20                              damage.

21  812.13(2)(b)       1st      Robbery with a weapon.

22  812.135(2)         1st      Home-invasion robbery.

23  825.102(2)         2nd      Aggravated abuse of an elderly

24                              person or disabled adult.

25  825.103(2)(a)      1st      Exploiting an elderly person or

26                              disabled adult and property is

27                              valued at $100,000 or more.

28  827.03(2)          2nd      Aggravated child abuse.

29  837.02(2)          2nd      Perjury in official proceedings

30                              relating to prosecution of a

31                              capital felony.


                                  35

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

23   (1)(b)1.b.        1st      Trafficking in cocaine, more than

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29

30

31


                                  36

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  893.135

  2   (1)(d)1.b.        1st      Trafficking in phencyclidine,

  3                              more than 200 grams, less than

  4                              400 grams.

  5  893.135

  6   (1)(e)1.b.        1st      Trafficking in methaqualone, more

  7                              than 5 kilograms, less than 25

  8                              kilograms.

  9  893.135

10   (1)(f)1.b.        1st      Trafficking in amphetamine, more

11                              than 28 grams, less than 200

12                              grams.

13  893.135(1)(g)1.b.  1st      Trafficking in flunitrazepam, 14

14                              grams or more, less than 28

15                              grams.

16  895.03(1)          1st      Use or invest proceeds derived

17                              from pattern of racketeering

18                              activity.

19  895.03(2)          1st      Acquire or maintain through

20                              racketeering activity any

21                              interest in or control of any

22                              enterprise or real property.

23  895.03(3)          1st      Conduct or participate in any

24                              enterprise through pattern of

25                              racketeering activity.

26                              (i)  LEVEL 9

27  316.193

28   (3)(c)3.b.        1st      DUI manslaughter; failing to

29                              render aid or give information.

30  782.04(1)          1st      Attempt, conspire, or solicit to

31                              commit premeditated murder.


                                  37

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  782.04(3)          1st,PBL  Accomplice to murder in

  2                              connection with arson, sexual

  3                              battery, robbery, burglary, and

  4                              other specified felonies.

  5  782.051(1)         1st      Attempted felony murder while

  6                              perpetrating or attempting to

  7                              perpetrate a felony enumerated in

  8                              s. 782.04(3).

  9  782.07(2)          1st      Aggravated manslaughter of an

10                              elderly person or disabled adult.

11  782.07(3)          1st      Aggravated manslaughter of a

12                              child.

13  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

14                              reward or as a shield or hostage.

15  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

16                              or facilitate commission of any

17                              felony.

18  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

19                              interfere with performance of any

20                              governmental or political

21                              function.

22  787.02(3)(a)       1st      False imprisonment; child under

23                              age 13; perpetrator also commits

24                              child abuse, sexual battery,

25                              lewd, or lascivious act, etc.

26  790.161            1st      Attempted capital destructive

27                              device offense.

28  794.011(2)         1st      Attempted sexual battery; victim

29                              less than 12 years of age.

30

31


                                  38

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  794.011(2)         Life     Sexual battery; offender younger

  2                              than 18 years and commits sexual

  3                              battery on a person less than 12

  4                              years.

  5  794.011(4)         1st      Sexual battery; victim 12 years

  6                              or older, certain circumstances.

  7  794.011(8)(b)      1st      Sexual battery; engage in sexual

  8                              conduct with minor 12 to 18 years

  9                              by person in familial or

10                              custodial authority.

11  812.13(2)(a)       1st,PBL  Robbery with firearm or other

12                              deadly weapon.

13  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

14                              deadly weapon.

15  847.0145(1)        1st      Selling, or otherwise

16                              transferring custody or control,

17                              of a minor.

18  847.0145(2)        1st      Purchasing, or otherwise

19                              obtaining custody or control, of

20                              a minor.

21  859.01             1st      Poisoning food, drink, medicine,

22                              or water with intent to kill or

23                              injure another person.

24  893.135            1st      Attempted capital trafficking

25                              offense.

26  893.135(1)(a)3.    1st      Trafficking in cannabis, more

27                              than 10,000 lbs.

28  893.135

29   (1)(b)1.c.        1st      Trafficking in cocaine, more than

30                              400 grams, less than 150

31                              kilograms.


                                  39

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  893.135

  2   (1)(c)1.c.        1st      Trafficking in illegal drugs,

  3                              more than 28 grams, less than 30

  4                              kilograms.

  5  893.135

  6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

  7                              more than 400 grams.

  8  893.135

  9   (1)(e)1.c.        1st      Trafficking in methaqualone, more

10                              than 25 kilograms.

11  893.135

12   (1)(f)1.c.        1st      Trafficking in amphetamine, more

13                              than 200 grams.

14                              (j)  LEVEL 10

15  782.04(2)          1st,PBL  Unlawful killing of human; act is

16                              homicide, unpremeditated.

17  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

18                              upon or terrorize victim.

19  787.01(3)(a)       Life     Kidnapping; child under age 13,

20                              perpetrator also commits child

21                              abuse, sexual battery, lewd, or

22                              lascivious act, etc.

23  794.011(3)         Life     Sexual battery; victim 12 years

24                              or older, offender uses or

25                              threatens to use deadly weapon or

26                              physical force to cause serious

27                              injury.

28  876.32             1st      Treason against the state.

29         Section 5.  Section 921.0023, Florida Statutes, as

30  created by section 6 of chapter 97-194, Laws of Florida, is

31  amended to read:


                                  40

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         921.0023  Criminal Punishment Code; ranking unlisted

  2  felony offenses.--A felony offense committed on or after

  3  October 1, 1998, that is not listed in s. 921.0022 is ranked

  4  with respect to offense severity level by the Legislature,

  5  commensurate with the harm or potential harm that is caused by

  6  the offense to the community.  Until the Legislature

  7  specifically assigns an offense to a severity level in the

  8  offense severity ranking chart, the severity level is within

  9  the following parameters:

10         (1)  A felony of the third degree within offense level

11  1.

12         (2)  A felony of the second degree within offense level

13  4.

14         (3)  A felony of the first degree within offense level

15  7.

16         (4)  A felony of the first degree punishable by life

17  within offense level 9.

18         (5)  A life felony within offense level 10.

19

20  For purposes of determining whether a felony offense has been

21  specifically listed in the offense ranking chart provided in

22  s. 921.0022(3), and the severity level that has been assigned

23  to an offense listed in the chart, the numerical statutory

24  reference in the left column of the chart, and the felony

25  degree designation in the middle column of the chart, are

26  controlling; the language in the right column of the chart is

27  provided solely for descriptive purposes.

28         Section 6.  Section 921.0024, Florida Statutes, as

29  created by section 7 of chapter 97-194, Laws of Florida, is

30  amended to read:

31


                                  41

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         921.0024  Criminal Punishment Code; worksheet

  2  computations; scoresheets.--

  3         (1)(a)  The Criminal Punishment Code worksheet is used

  4  to compute the subtotal and total sentence points as follows:

  5

  6                 FLORIDA CRIMINAL PUNISHMENT CODE

  7                            WORKSHEET

  8

  9                          OFFENSE SCORE

10

11                         Primary Offense

12  Level         Sentence Points                            Total

13  ..............................................................

14    10               116                             =      ....

15     9                92                             =      ....

16     8                74                             =      ....

17     7                56                             =      ....

18     6                36                             =      ....

19     5                28                             =      ....

20     4                22                             =      ....

21     3                16                             =      ....

22     2                10                             =      ....

23     1                 4                             =      ....

24

25  ..............................................................

26                                                     Total      

27

28                       Additional Offenses

29  Level         Sentence Points            Counts          Total

30  ..............................................................

31    10                58             x      ....     =      ....


                                  42

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1     9                46             x      ....     =      ....

  2     8                37             x      ....     =      ....

  3     7                28             x      ....     =      ....

  4     6                18             x      ....     =      ....

  5     5               5.4             x      ....     =      ....

  6     4               3.6             x      ....     =      ....

  7     3               2.4             x      ....     =      ....

  8     2               1.2             x      ....     =      ....

  9     1               0.7             x      ....     =      ....

10     M               0.2             x      ....     =      ....

11

12  ..............................................................

13                                                     Total      

14

15                          Victim Injury

16  Level         Sentence Points            Number          Total

17  ..............................................................

18    2nd degree

19      murder-

20      death          240             x      ....     =      ....

21    Death            120             x      ....     =      ....

22    Severe            40             x      ....     =      ....

23    Moderate          18             x      ....     =      ....

24    Slight             4             x      ....     =      ....

25    Sexual

26      penetration     80             x      ....     =      ....

27    Moderate          18             x      ....     =      ....

28    Sexual

29      contact         40             x      ....     =      ....

30    Slight             4             x      ....     =      ....

31


                                  43

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1

  2  ..............................................................

  3                                                     Total      

  4

  5  Primary Offense + Additional Offenses + Victim Injury =

  6                       TOTAL OFFENSE SCORE

  7

  8                        PRIOR RECORD SCORE

  9

10                           Prior Record

11  Level         Sentence Points            Number          Total

12  ..............................................................

13    10                29             x      ....     =      ....

14     9                23             x      ....     =      ....

15     8                19             x      ....     =      ....

16     7                14             x      ....     =      ....

17     6                 9             x      ....     =      ....

18     5               3.6             x      ....     =      ....

19     4               2.4             x      ....     =      ....

20     3               1.6             x      ....     =      ....

21     2               0.8             x      ....     =      ....

22     1               0.5             x      ....     =      ....

23     M               0.2             x      ....     =      ....

24

25  ..............................................................

26                                                     Total      

27

28     TOTAL OFFENSE SCORE........................................

29     TOTAL PRIOR RECORD SCORE...................................

30

31     LEGAL STATUS...............................................


                                  44

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1     COMMUNITY SANCTION VIOLATION...............................

  2     PRIOR SERIOUS FELONY.......................................

  3     PRIOR CAPITAL FELONY.......................................

  4     FIREARM OR SEMIAUTOMATIC WEAPON............................

  5                                                SUBTOTAL........

  6

  7     PRISON RELEASEE REOFFENDER (no)(yes).......................

  8     VIOLENT CAREER CRIMINAL (no)(yes)..........................

  9     HABITUAL VIOLENT HABITUAL OFFENDER (no)(yes)...............

10     HABITUAL OFFENDER (no)(yes)................................

11     DRUG TRAFFICKER (no)(yes) (x multiplier)...................

12     LAW ENF. PROTECT. (no)(yes) (x multiplier).................

13     MOTOR VEHICLE THEFT (no)(yes) (x multiplier)...............

14     CRIMINAL STREET GANG MEMBER (no)(yes) (x multiplier).......

15     DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD

16    (no)(yes) (x multiplier)....................................

17  ..............................................................

18                                   TOTAL SENTENCE POINTS........

19

20                       (b)  WORKSHEET KEY:

21

22  Legal status points are assessed when any form of legal status

23  existed at the time the offender committed an offense before

24  the court for sentencing. Four (4) sentence points are

25  assessed for an offender's legal status.

26

27  Community sanction violation points are assessed when a

28  community sanction violation is before the court for

29  sentencing.  Six (6) sentence points are assessed for each

30  community sanction violation, and each successive community

31  sanction violation; however, if the community sanction


                                  45

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  violation includes a new felony conviction before the

  2  sentencing court, twelve (12) community sanction violation

  3  points are assessed for such violation, and for each

  4  successive community sanction violation involving a new felony

  5  conviction. Multiple counts of community sanction violations

  6  before the sentencing court shall not be a basis for

  7  multiplying the assessment of community sanction violation

  8  points.

  9

10  Prior serious felony points: If the offender has a primary

11  offense or any additional offense ranked in level 8, level 9,

12  or level 10, and one or more prior serious felonies, a single

13  assessment of 30 points shall be added. For purposes of this

14  section, a prior serious felony is an offense in the

15  offender's prior record that is ranked in level 8, level 9, or

16  level 10 under s. 921.0022 or s. 921.0023 and for which the

17  offender is serving a sentence of confinement, supervision, or

18  other sanction or for which the offender's date of release

19  from confinement, supervision, or other sanction, whichever is

20  later, is within 3 years before the date the primary offense

21  or any additional offense was committed.

22

23  Prior capital felony points:  If the offender has one or more

24  prior capital felonies in the offender's criminal record,

25  points shall be added to the subtotal sentence points of the

26  offender equal to twice the number of points the offender

27  receives for the primary offense and any additional offense.

28  A prior capital felony in the offender's criminal record is a

29  previous capital felony offense for which the offender has

30  entered a plea of nolo contendere or guilty to or has been

31  found guilty; or a felony in another jurisdiction which is a


                                  46

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  capital felony in that jurisdiction, or would be a capital

  2  felony if the offense were committed in this state.

  3

  4  Possession of a firearm, semiautomatic firearm, or machine

  5  gun:  If the offender is convicted of committing or attempting

  6  to commit any felony other than those enumerated in s.

  7  775.087(2) while having in his possession: a firearm as

  8  defined in s. 790.001(6), an additional 18 sentence points are

  9  assessed; or if the offender is convicted of committing or

10  attempting to commit any felony other than those enumerated in

11  s. 775.087(3) while having in his possession a semiautomatic

12  firearm as defined in s. 775.087(3) or a machine gun as

13  defined in s. 790.001(9), an additional 25 sentence points are

14  assessed.

15

16  Sentencing multipliers:

17

18  Drug trafficking:  If the primary offense is drug trafficking

19  under s. 893.135, the subtotal sentence points are multiplied,

20  at the discretion of the court, for a level 7 or level 8

21  offense, by 1.5.  The state attorney may move the sentencing

22  court to reduce or suspend the sentence of a person convicted

23  of a level 7 or level 8 offense, if the offender provides

24  substantial assistance as described in s. 893.135(4).

25

26  Law enforcement protection:  If the primary offense is a

27  violation of the Law Enforcement Protection Act under s.

28  775.0823(2), the subtotal sentence points are multiplied by

29  2.5.  If the primary offense is a violation of s. 775.0823(3),

30  (4), (5), (6), (7), or (8), the subtotal sentence points are

31  multiplied by 2.0. If the primary offense is a violation of s.


                                  47

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  784.07(3) or s. 775.0875(1), or of the Law Enforcement

  2  Protection Act under s. 775.0823(9) or (10), the subtotal

  3  sentence points are multiplied by 1.5.

  4

  5  Grand theft of a motor vehicle:  If the primary offense is

  6  grand theft of the third degree involving a motor vehicle and

  7  in the offender's prior record, there are three or more grand

  8  thefts of the third degree involving a motor vehicle, the

  9  subtotal sentence points are multiplied by 1.5.

10

11  Criminal street gang member:  If the offender is convicted of

12  the primary offense and is found to have been a member of a

13  criminal street gang at the time of the commission of the

14  primary offense pursuant to s. 874.04, the subtotal sentence

15  points are multiplied by 1.5.

16

17  Domestic violence in the presence of a child:  If the offender

18  is convicted of the primary offense and the primary offense is

19  a crime of domestic violence, as defined in s. 741.28, which

20  was committed in the presence of a child under 16 years of age

21  who is a family household member as defined in s. 741.28(2)

22  with the victim or perpetrator, the subtotal sentence points

23  are multiplied, at the discretion of the court, by 1.5.

24         (2)  The lowest permissible sentence is the minimum

25  sentence that may be imposed by the trial court, absent a

26  valid reason for departure in prison months that may be

27  imposed by the court, absent a valid reason to depart, shall

28  be calculated by subtracting 28 points from the total sentence

29  points and decreasing the remaining total by 25 percent. If

30  The lowest permissible sentence is any in prison months is

31  less than or equal to 12, a nonstate prison sanction in which


                                  48

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  the total sentence points equals or is less than 44 points,

  2  unless the court determines within its discretion that a

  3  prison sentence, which may be up to the statutory maximums for

  4  the offenses committed, is appropriate may be imposed. When

  5  the total sentence points exceeds 44 points, the lowest

  6  permissible sentence in prison months shall be calculated by

  7  subtracting 28 points from the total sentence points and

  8  decreasing the remaining total by 25 percent. The total

  9  sentence points shall be calculated only as a means of

10  determining the lowest permissible sentence. The permissible

11  range for sentencing shall be the lowest permissible sentence

12  up to and including the statutory maximum, as defined in s.

13  775.082, for the primary offense and any additional offenses

14  before the court for sentencing. The sentencing court may

15  impose such sentences concurrently or consecutively. However,

16  any sentence to state prison must exceed 1 year. If the lowest

17  permissible sentence under the code exceeds the statutory

18  maximum sentence as provided in s. 775.082, the sentence

19  required by the code must be imposed. If the total sentence

20  points are greater than or equal to 363, the court may

21  sentence the offender to life imprisonment. An offender

22  sentenced to life imprisonment under this section is not

23  eligible for any form of discretionary early release, except

24  executive clemency or conditional medical release under s.

25  947.149.

26         (3)  A single scoresheet shall be prepared for each

27  defendant to determine the permissible range for the sentence

28  that the court may impose, except that if the defendant is

29  before the court for sentencing for more than one felony and

30  the felonies were committed under more than one version or

31  revision of the guidelines or the code, separate scoresheets


                                  49

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  must be prepared. The scoresheet or scoresheets must cover all

  2  the defendant's offenses pending before the court for

  3  sentencing. Either the office of the state attorney or the

  4  Department of Corrections, or both where appropriate, shall

  5  prepare the scoresheet or scoresheets, which must be presented

  6  to the defense counsel for review for accuracy in all cases

  7  unless the judge directs otherwise.  The defendant's

  8  scoresheet or scoresheets must be approved and signed by the

  9  sentencing judge.

10         (4)  The Department of Corrections, in consultation

11  with the Office of the State Courts Administrator, state

12  attorneys, and public defenders, must develop and submit the

13  revised Criminal Punishment Code scoresheet to the Supreme

14  Court for approval by June 15 of each year, as necessary. Upon

15  the Supreme Court's approval of the revised scoresheet, the

16  Department of Corrections shall produce and provide sufficient

17  copies of the revised scoresheets by September 30 of each

18  year, as necessary. Scoresheets must include item entries for

19  the scoresheet preparer's use in indicating whether any prison

20  sentence imposed includes a mandatory minimum sentence or the

21  sentence imposed was a downward departure from the lowest

22  permissible sentence under the Criminal Punishment Code.

23         (5)(4)  The Department of Corrections clerks of the

24  circuit courts for the individual counties shall distribute

25  sufficient copies of the Criminal Punishment Code scoresheets

26  to those persons charged with the responsibility for preparing

27  scoresheets, either the office of the state attorney or the

28  Department of Corrections, or both where appropriate.

29         (6)(5)  The clerk of the circuit court shall transmit a

30  complete, accurate, and legible copy of the Criminal

31  Punishment Code scoresheet used in each guidelines sentencing


                                  50

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  proceeding to the Department of Corrections. Scoresheets must

  2  be transmitted no less frequently than monthly, by the first

  3  of each month, and may be sent collectively.

  4         (7)(6)  A sentencing scoresheet must be prepared for

  5  every defendant who is sentenced for a felony offense. A copy

  6  of the individual offender's Criminal Punishment Code

  7  scoresheet and any attachments thereto prepared pursuant to

  8  Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules of

  9  Criminal Procedure, or any other rule pertaining to the

10  preparation and submission of felony sentencing scoresheets,

11  must be attached to the copy of the uniform judgment and

12  sentence form provided to the Department of Corrections.

13         Section 7.  Section 921.0025, Florida Statutes, is

14  created to read:

15         921.0025  Adoption and implementation of revised

16  sentencing scoresheets.--Rules 3.701, 3.702, 3.703, and 3.988,

17  Florida Rules of Criminal Procedure, as revised by the Supreme

18  Court, and any other rule pertaining to the preparation and

19  submission of felony sentencing scoresheets, are adopted and

20  implemented in accordance with chapter 921 for application to

21  the Criminal Punishment Code.

22         Section 8.  Section 921.0026, Florida Statutes, as

23  created by section 8 of chapter 97-194, Laws of Florida, is

24  amended to read:

25         921.0026  Mitigating circumstances.--This section

26  applies to any felony offense, except any capital felony,

27  committed on or after October 1, 1998.

28         (1)  A downward departure from the lowest permissible

29  sentence, as calculated according to the total sentence points

30  pursuant to s. 921.0024, is prohibited discouraged unless

31  there are circumstances or factors that reasonably justify the


                                  51

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  downward departure.  Mitigating factors to be considered

  2  include, but are not limited to, those listed in subsection

  3  (2).  The imposition of a sentence below the lowest

  4  permissible sentence sentencing range is subject to appellate

  5  review under chapter 924, but the extent of downward departure

  6  is not subject to appellate review.

  7         (2)  Mitigating circumstances under which a departure

  8  from the lowest permissible sentence sentencing range is

  9  reasonably justified include, but are not limited to:

10         (a)  The departure results from a legitimate, uncoerced

11  plea bargain.

12         (b)  The defendant was an accomplice to the offense and

13  was a relatively minor participant in the criminal conduct.

14         (c)  The capacity of the defendant to appreciate the

15  criminal nature of the conduct or to conform that conduct to

16  the requirements of law was substantially impaired.

17         (d)  The defendant requires specialized treatment for a

18  mental disorder that is unrelated to substance abuse or

19  addiction or for a physical disability, and the defendant is

20  amenable to treatment.

21         (e)  The need for payment of restitution to the victim

22  outweighs the need for a prison sentence.

23         (f)  The victim was an initiator, willing participant,

24  aggressor, or provoker of the incident.

25         (g)  The defendant acted under extreme duress or under

26  the domination of another person.

27         (h)  Before the identity of the defendant was

28  determined, the victim was substantially compensated.

29         (i)  The defendant cooperated with the state to resolve

30  the current offense or any other offense.

31


                                  52

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (j)  The offense was committed in an unsophisticated

  2  manner and was an isolated incident for which the defendant

  3  has shown remorse.

  4         (k)  At the time of the offense the defendant was too

  5  young to appreciate the consequences of the offense.

  6         (l)  The defendant is to be sentenced as a youthful

  7  offender.

  8         (3)  The defendant's substance abuse or addiction,

  9  including intoxication at the time of the offense, is not a

10  mitigating factor under subsection (2) and does not, under any

11  circumstances, justify a downward departure from the

12  permissible sentencing range.

13         Section 9.  Section 921.00265, Florida Statutes, is

14  created to read:

15         921.00265  Recommended sentences; departure sentences;

16  mandatory minimum sentences.--This section applies to any

17  felony offense, except any capital felony, committed on or

18  after October 1, 1998.

19         (1)  The lowest permissible sentence provided by

20  calculations from the total sentence points pursuant to s.

21  921.0024(2) is assumed to be the lowest appropriate sentence

22  for the offender being sentenced. A departure sentence is

23  prohibited unless there are mitigating circumstances or

24  factors present as provided in s. 921.0026 which reasonably

25  justify a departure.

26         (2)  A sentence that decreases an offender's sentence

27  below the lowest permissible sentence is a departure sentence

28  and must be accompanied by a written statement by the

29  sentencing court delineating the reasons for the departure,

30  filed within 7 days after the date of sentencing. A written

31  transcription of reasons stated orally at sentencing for


                                  53

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  departure from the lowest permissible sentence is permissible

  2  if it is filed by the court within 7 days after the date of

  3  sentencing.

  4         (3)  Any offender who is sentenced to a departure

  5  sentence or any offender who is subject to a minimum mandatory

  6  sentence must have the departure sentence and any minimum

  7  mandatory sentence so noted on the sentencing scoresheet.

  8         Section 10.  Section 775.082, Florida Statutes, is

  9  amended to read:

10         775.082  Penalties; applicability of sentencing

11  structures; mandatory minimum sentences for certain

12  reoffenders previously released from prison.--

13         (1)  A person who has been convicted of a capital

14  felony shall be punished by death if the proceeding held to

15  determine sentence according to the procedure set forth in s.

16  921.141 results in findings by the court that such person

17  shall be punished by death, otherwise such person shall be

18  punished by life imprisonment and shall be ineligible for

19  parole.

20         (2)  In the event the death penalty in a capital felony

21  is held to be unconstitutional by the Florida Supreme Court or

22  the United States Supreme Court, the court having jurisdiction

23  over a person previously sentenced to death for a capital

24  felony shall cause such person to be brought before the court,

25  and the court shall sentence such person to life imprisonment

26  as provided in subsection (1).

27         (3)  A person who has been convicted of any other

28  designated felony may be punished as follows:

29         (a)1.  For a life felony committed prior to October 1,

30  1983, by a term of imprisonment for life or for a term of

31  years not less than 30.


                                  54

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         2.  For a life felony committed on or after October 1,

  2  1983, by a term of imprisonment for life or by a term of

  3  imprisonment not exceeding 40 years.

  4         3.  For a life felony committed on or after July 1,

  5  1995, by a term of imprisonment for life or by imprisonment

  6  for a term of years not exceeding life imprisonment.

  7         (b)  For a felony of the first degree, by a term of

  8  imprisonment not exceeding 30 years or, when specifically

  9  provided by statute, by imprisonment for a term of years not

10  exceeding life imprisonment.

11         (c)  For a felony of the second degree, by a term of

12  imprisonment not exceeding 15 years.

13         (d)  For a felony of the third degree, by a term of

14  imprisonment not exceeding 5 years.

15         (4)  A person who has been convicted of a designated

16  misdemeanor may be sentenced as follows:

17         (a)  For a misdemeanor of the first degree, by a

18  definite term of imprisonment not exceeding 1 year;

19         (b)  For a misdemeanor of the second degree, by a

20  definite term of imprisonment not exceeding 60 days.

21         (5)  Any person who has been convicted of a noncriminal

22  violation may not be sentenced to a term of imprisonment nor

23  to any other punishment more severe than a fine, forfeiture,

24  or other civil penalty, except as provided in chapter 316 or

25  by ordinance of any city or county.

26         (6)  Nothing in this section shall be construed to

27  alter the operation of any statute of this state authorizing a

28  trial court, in its discretion, to impose a sentence of

29  imprisonment for an indeterminate period within minimum and

30  maximum limits as provided by law, except as provided in

31  subsection (1).


                                  55

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (7)  This section does not deprive the court of any

  2  authority conferred by law to decree a forfeiture of property,

  3  suspend or cancel a license, remove a person from office, or

  4  impose any other civil penalty. Such a judgment or order may

  5  be included in the sentence.

  6         (8)(a)  The sentencing guidelines that were effective

  7  October 1, 1983, and any revisions thereto, apply to all

  8  felonies, except capital felonies, committed on or after

  9  October 1, 1983, and before January 1, 1994, and to all

10  felonies, except capital felonies and life felonies, committed

11  before October 1, 1983, when the defendant affirmatively

12  selects to be sentenced pursuant to such provisions.

13         (b)  The 1994 sentencing guidelines, that were

14  effective January 1, 1994, and any revisions thereto, apply to

15  all felonies, except capital felonies, committed on or after

16  January 1, 1994, and before October 1, 1995.

17         (c)  The 1995 sentencing guidelines that were effective

18  October 1, 1995, and any revisions thereto, apply to all

19  felonies, except capital felonies, committed on or after

20  October 1, 1995, and before October 1, 1998.

21         (d)  The Criminal Punishment Code applies to all

22  felonies, except capital felonies, committed on or after

23  October 1, 1998. Any revision to the Criminal Punishment Code

24  applies to sentencing for all felonies, except capital

25  felonies, committed on or after the effective date of the

26  revision.

27         (e)  Felonies, except capital felonies, with continuing

28  dates of enterprise shall be sentenced under the sentencing

29  guidelines or the Criminal Punishment Code in effect on the

30  beginning date of the criminal activity.

31


                                  56

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (9)(8)(a)1.  "Prison releasee reoffender" means any

  2  defendant who commits, or attempts to commit:

  3         a.  Treason;

  4         b.  Murder;

  5         c.  Manslaughter;

  6         d.  Sexual battery;

  7         e.  Carjacking;

  8         f.  Home-invasion robbery;

  9         g.  Robbery;

10         h.  Arson;

11         i.  Kidnapping;

12         j.  Aggravated assault;

13         k.  Aggravated battery;

14         l.  Aggravated stalking;

15         m.  Aircraft piracy;

16         n.  Unlawful throwing, placing, or discharging of a

17  destructive device or bomb;

18         o.  Any felony that involves the use or threat of

19  physical force or violence against an individual;

20         p.  Armed burglary;

21         q.  Burglary of an occupied structure or dwelling; or

22         r.  Any felony violation of s. 790.07, s. 800.04, s.

23  827.03, or s. 827.071;

24

25  within 3 years of being released from a state correctional

26  facility operated by the Department of Corrections or a

27  private vendor.

28         2.  If the state attorney determines that a defendant

29  is a prison releasee reoffender as defined in subparagraph 1.,

30  the state attorney may seek to have the court sentence the

31  defendant as a prison releasee reoffender. Upon proof from the


                                  57

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  state attorney that establishes by a preponderance of the

  2  evidence that a defendant is a prison releasee reoffender as

  3  defined in this section, such defendant is not eligible for

  4  sentencing under the sentencing guidelines and must be

  5  sentenced as follows:

  6         a.  For a felony punishable by life, by a term of

  7  imprisonment for life;

  8         b.  For a felony of the first degree, by a term of

  9  imprisonment of 30 years;

10         c.  For a felony of the second degree, by a term of

11  imprisonment of 15 years; and

12         d.  For a felony of the third degree, by a term of

13  imprisonment of 5 years.

14         (b)  A person sentenced under paragraph (a) shall be

15  released only by expiration of sentence and shall not be

16  eligible for parole, control release, or any form of early

17  release.  Any person sentenced under paragraph (a) must serve

18  100 percent of the court-imposed sentence.

19         (c)  Nothing in this subsection shall prevent a court

20  from imposing a greater sentence of incarceration as

21  authorized by law, pursuant to s. 775.084 or any other

22  provision of law.

23         (d)1.  It is the intent of the Legislature that

24  offenders previously released from prison who meet the

25  criteria in paragraph (a) be punished to the fullest extent of

26  the law and as provided in this subsection, unless any of the

27  following circumstances exist:

28         a.  The prosecuting attorney does not have sufficient

29  evidence to prove the highest charge available;

30         b.  The testimony of a material witness cannot be

31  obtained;


                                  58

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         c.  The victim does not want the offender to receive

  2  the mandatory prison sentence and provides a written statement

  3  to that effect; or

  4         d.  Other extenuating circumstances exist which

  5  preclude the just prosecution of the offender.

  6         2.  For every case in which the offender meets the

  7  criteria in paragraph (a) and does not receive the mandatory

  8  minimum prison sentence, the state attorney must explain the

  9  sentencing deviation in writing and place such explanation in

10  the case file maintained by the state attorney. On a quarterly

11  basis, each state attorney shall submit copies of deviation

12  memoranda regarding offenses committed on or after the

13  effective date of this subsection, to the president of the

14  Florida Prosecuting Attorneys Association, Inc.  The

15  association must maintain such information, and make such

16  information available to the public upon request, for at least

17  a 10-year period.

18         (10)(9)  The purpose of this section is to provide

19  uniform punishment for those crimes made punishable under this

20  section and, to this end, a reference to this section

21  constitutes a general reference under the doctrine of

22  incorporation by reference.

23         Section 11.  Subsection (2) and paragraphs (a) and (b)

24  of subsection (3) of section 775.084, Florida Statutes, as

25  amended by section 12 of chapter 97-194, Laws of Florida, are

26  amended to read:

27         775.084  Violent career criminals; habitual felony

28  offenders and habitual violent felony offenders; definitions;

29  procedure; enhanced penalties.--

30         (2)  For the purposes of this section, the placing of a

31  person on probation or community control without an


                                  59

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  adjudication of guilt shall be treated as a prior conviction

  2  if the subsequent offense for which the person is to be

  3  sentenced was committed during such probationary period of

  4  probation or community control.

  5         (3)(a)  In a separate proceeding, the court shall

  6  determine if the defendant is a habitual felony offender or a

  7  habitual violent felony offender. The procedure shall be as

  8  follows:

  9         1.  The court shall obtain and consider a presentence

10  investigation prior to the imposition of a sentence as a

11  habitual felony offender or a habitual violent felony

12  offender.

13         2.  Written notice shall be served on the defendant and

14  the defendant's attorney a sufficient time prior to the entry

15  of a plea or prior to the imposition of sentence in order to

16  allow the preparation of a submission on behalf of the

17  defendant.

18         3.  Except as provided in subparagraph 1., all evidence

19  presented shall be presented in open court with full rights of

20  confrontation, cross-examination, and representation by

21  counsel.

22         4.  Each of the findings required as the basis for such

23  sentence shall be found to exist by a preponderance of the

24  evidence and shall be appealable to the extent normally

25  applicable to similar findings.

26         5.  For the purpose of identification of a habitual

27  felony offender or a habitual violent felony offender, the

28  court shall fingerprint the defendant pursuant to s. 921.241.

29         6.  For an offense committed on or after October 1,

30  1995, if the state attorney pursues a habitual felony offender

31  sanction or a habitual violent felony offender sanction


                                  60

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  against the defendant and the court, in a separate proceeding

  2  pursuant to this paragraph, determines that the defendant

  3  meets the criteria under subsection (1) for imposing such

  4  sanction, the court must sentence the defendant as a habitual

  5  felony offender or a habitual violent felony offender, subject

  6  to imprisonment pursuant to this section unless the court

  7  finds that such sentence is not necessary for the protection

  8  of the public.  If the court finds that it is not necessary

  9  for the protection of the public to sentence the defendant as

10  a habitual felony offender or a habitual violent felony

11  offender, the court shall provide written reasons; a written

12  transcript of orally stated reasons is permissible, if filed

13  by the court within 7 days after the date of sentencing. Each

14  month, the court shall submit to the Office of Economic and

15  Demographic Research of the Legislature the written reasons or

16  transcripts in each case in which the court determines not to

17  sentence a defendant as a habitual felony offender or a

18  habitual violent felony offender as provided in this

19  subparagraph.

20         (b)  In a separate proceeding, the court shall

21  determine whether the defendant is a violent career criminal

22  with respect to a primary offense committed on or after

23  October 1, 1995.  The procedure shall be as follows:

24         1.  Written notice shall be served on the defendant and

25  the defendant's attorney a sufficient time prior to the entry

26  of a plea or prior to the imposition of sentence in order to

27  allow the preparation of a submission on behalf of the

28  defendant.

29         2.  All evidence presented shall be presented in open

30  court with full rights of confrontation, cross-examination,

31  and representation by counsel.


                                  61

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         3.  Each of the findings required as the basis for such

  2  sentence shall be found to exist by a preponderance of the

  3  evidence and shall be appealable only as provided in paragraph

  4  (c).

  5         4.  For the purpose of identification, the court shall

  6  fingerprint the defendant pursuant to s. 921.241.

  7         5.  For an offense committed on or after October 1,

  8  1995, if the state attorney pursues a violent career criminal

  9  sanction against the defendant and the court, in a separate

10  proceeding pursuant to this paragraph, determines that the

11  defendant meets the criteria under subsection (1) for imposing

12  such sanction, the court must sentence the defendant as a

13  violent career criminal, subject to imprisonment pursuant to

14  this section unless the court finds that such sentence is not

15  necessary for the protection of the public.  If the court

16  finds that it is not necessary for the protection of the

17  public to sentence the defendant as a violent career criminal,

18  the court shall provide written reasons; a written transcript

19  of orally stated reasons is permissible, if filed by the court

20  within 7 days after the date of sentencing. Each month, the

21  court shall submit to the Office of Economic and Demographic

22  Research of the Legislature the written reasons or transcripts

23  in each case in which the court determines not to sentence a

24  defendant as a violent career criminal as provided in this

25  subparagraph.

26         Section 12.  Section 782.051, Florida Statutes, as

27  amended by section 18 of chapter 97-194, Laws of Florida, is

28  amended to read:

29         782.051  Attempted felony murder causing bodily

30  injury.--

31


                                  62

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (1)  Any person who perpetrates or attempts to

  2  perpetrate any felony enumerated in s. 782.04(3) and who

  3  commits, aids, or abets an intentional act that is not an

  4  essential element of the felony and that could, but does not,

  5  cause the death of causes bodily injury to another commits a

  6  felony of the first degree, punishable by imprisonment for a

  7  term of years not exceeding life, or as provided in s.

  8  775.082, s. 775.083, or s. 775.084, which is an offense ranked

  9  in level 9 of the Criminal Punishment Code. Victim injury

10  points shall be scored under this subsection.

11         (2)  Any person who perpetrates or attempts to

12  perpetrate any felony other than a felony enumerated in s.

13  782.04(3) and who commits, aids, or abets an intentional act

14  that is not an essential element of the felony and that could,

15  but does not, cause the death of causes bodily injury to

16  another commits a felony of the first degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084, which is an

18  offense ranked in level 8 of the Criminal Punishment Code.

19  Victim injury points shall be scored under this subsection.

20         (3)  When a person is injured during the perpetration

21  of or the attempt to perpetrate any felony enumerated in s.

22  782.04(3) by a person other than the person engaged in the

23  perpetration of or the attempt to perpetrate such felony, the

24  person perpetrating or attempting to perpetrate such felony

25  commits a felony of the second degree, punishable as provided

26  in s. 775.082, s. 775.083, or s. 775.084, which is an offense

27  ranked in level 7 of the Criminal Punishment Code. Victim

28  injury points shall be scored under this subsection.

29         Section 13.  Subsection (1) of section 924.06, Florida

30  Statutes, as amended by section 27 of chapter 97-194, Laws of

31  Florida, is amended to read:


                                  63

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         924.06  Appeal by defendant.--

  2         (1)  A defendant may appeal from:

  3         (a)  A final judgment of conviction when probation has

  4  not been granted under chapter 948, except as provided in

  5  subsection (3);

  6         (b)  An order granting probation under chapter 948;

  7         (c)  An order revoking probation under chapter 948; or

  8         (d)  A sentence, on the ground that it is illegal; or.

  9         (e)  A sentence imposed under s. 921.0024 of the

10  Criminal Punishment Code which exceeds the statutory maximum

11  penalty provided in s. 775.082 for an offense at conviction,

12  or the consecutive statutory maximums for offenses at

13  conviction, unless otherwise provided by law.

14         Section 14.  Paragraph (i) of subsection (1) of section

15  924.07, Florida Statutes, as amended by section 28 of chapter

16  97-194, Laws of Florida, is amended to read:

17         924.07  Appeal by state.--

18         (1)  The state may appeal from:

19         (i)  A sentence imposed below the lowest permissible

20  sentence established range permitted by the Criminal

21  Punishment Code under chapter 921.

22         Section 15.  Paragraph (e) of subsection (5) of section

23  944.17, Florida Statutes, as amended by section 29 of chapter

24  97-194, Laws of Florida, is amended to read:

25         944.17  Commitments and classification; transfers.--

26         (5)  The department shall also refuse to accept a

27  person into the state correctional system unless the following

28  documents are presented in a completed form by the sheriff or

29  chief correctional officer, or a designated representative, to

30  the officer in charge of the reception process:

31


                                  64

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (e)  A copy of the Criminal Punishment Code scoresheet

  2  and any attachments thereto prepared pursuant to Rule 3.701,

  3  Rule 3.702, or Rule 3.703, Florida Rules of Criminal

  4  Procedure, or any other rule pertaining to the preparation of

  5  felony sentencing scoresheets.

  6

  7  In addition, the sheriff or other officer having such person

  8  in charge shall also deliver with the foregoing documents any

  9  available presentence investigation reports as described in s.

10  921.231 and any attached documents. After a prisoner is

11  admitted into the state correctional system, the department

12  may request such additional records relating to the prisoner

13  as it considers necessary from the clerk of the court, the

14  Department of Health and Rehabilitative Services, or any other

15  state or county agency for the purpose of determining the

16  prisoner's proper custody classification, gain-time

17  eligibility, or eligibility for early release programs.  An

18  agency that receives such a request from the department must

19  provide the information requested.

20         Section 16.  Section 944.70, Florida Statutes, is

21  created to read:

22         944.70  Conditions for release from incarceration.--

23         (1)(a)  A person who is convicted of a crime committed

24  on or after October 1, 1983, but before January 1, 1994, may

25  be released from incarceration only:

26         1.  Upon expiration of the person's sentence;

27         2.  Upon expiration of the person's sentence as reduced

28  by accumulated gain-time;

29         3.  As directed by an executive order granting

30  clemency;

31         4.  Upon attaining the provisional release date;


                                  65

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         5.  Upon placement in a conditional release program

  2  pursuant to s. 947.1405; or

  3         6.  Upon the granting of control release pursuant to s.

  4  947.146.

  5          (b)  A person who is convicted of a crime committed on

  6  or after January 1, 1994, may be released from incarceration

  7  only:

  8         1.  Upon expiration of the person's sentence;

  9         2.  Upon expiration of the person's sentence as reduced

10  by accumulated meritorious or incentive gain-time;

11         3.  As directed by an executive order granting

12  clemency;

13         4.  Upon placement in a conditional release program

14  pursuant to s. 947.1405 or a conditional medical release

15  program pursuant to s. 947.149; or

16         5.  Upon the granting of control release, including

17  emergency control release, pursuant to s. 947.146.

18         (2)  A person who is convicted of a crime committed on

19  or after December 1, 1990, and who receives a control release

20  date may not refuse to accept the terms or conditions of

21  control release.

22         Section 17.  Subsection (6) of section 944.705, Florida

23  Statutes, is amended to read:

24         944.705  Release orientation program.--

25         (6)(a)  The department shall notify every inmate, in no

26  less than 18-point type in the inmate's release documents,

27  that the inmate may be sentenced pursuant to s. 775.082(9) s.

28  775.082(8) if the inmate commits any felony offense described

29  in s. 775.082(9) s. 775.082(8) within 3 years after the

30  inmate's release. This notice must be prefaced by the word

31  "WARNING" in boldfaced type.


                                  66

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (b)  Nothing in this section precludes the sentencing

  2  of a person pursuant to s. 775.082(9) s. 775.082(8), nor shall

  3  evidence that the department failed to provide this notice

  4  prohibit a person from being sentenced pursuant to s.

  5  775.082(9) s. 775.082(8).  The state shall not be required to

  6  demonstrate that a person received any notice from the

  7  department in order for the court to impose a sentence

  8  pursuant to s. 775.082(9) s. 775.082(8).

  9         Section 18.  Section 948.015, Florida Statutes, as

10  amended by section 33 of chapter 97-194, Laws of Florida, is

11  amended to read:

12         948.015  Presentence investigation reports.--The

13  circuit court, when the defendant in a criminal case has been

14  found guilty or has entered a plea of nolo contendere or

15  guilty and has a lowest permissible sentence recommended

16  sentence under the Criminal Punishment Code of any nonstate

17  prison sanction, may refer the case to the department for

18  investigation or recommendation.  Upon such referral, the

19  department shall make the following report in writing at a

20  time specified by the court prior to sentencing. The full

21  report shall include:

22         (1)  A complete description of the situation

23  surrounding the criminal activity with which the offender has

24  been charged, including a synopsis of the trial transcript, if

25  one has been made; nature of the plea agreement, including the

26  number of counts waived, the pleas agreed upon, the sentence

27  agreed upon, and any additional terms of agreement; and, at

28  the offender's discretion, his or her version and explanation

29  of the criminal activity.

30         (2)  The offender's sentencing status, including

31  whether the offender is a first offender, a habitual or


                                  67

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  violent offender, a youthful offender, or is currently on

  2  probation.

  3         (3)  The offender's prior record of arrests and

  4  convictions.

  5         (4)  The offender's educational background.

  6         (5)  The offender's employment background, including

  7  any military record, present employment status, and

  8  occupational capabilities.

  9         (6)  The offender's financial status, including total

10  monthly income and estimated total debts.

11         (7)  The social history of the offender, including his

12  or her family relationships, marital status, interests, and

13  activities.

14         (8)  The residence history of the offender.

15         (9)  The offender's medical history and, as

16  appropriate, a psychological or psychiatric evaluation.

17         (10)  Information about the environments to which the

18  offender might return or to which the offender could be sent

19  should a sentence of nonincarceration or community supervision

20  be imposed by the court, and consideration of the offender's

21  plan concerning employment supervision and treatment.

22         (11)  Information about any resources available to

23  assist the offender, such as:

24         (a)  Treatment centers.

25         (b)  Residential facilities.

26         (c)  Vocational training programs.

27         (d)  Special education programs.

28         (e)  Services that may preclude or supplement

29  commitment to the department.

30         (12)  The views of the person preparing the report as

31  to the offender's motivations and ambitions and an assessment


                                  68

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  of the offender's explanations for his or her criminal

  2  activity.

  3         (13)  An explanation of the offender's criminal record,

  4  if any, including his or her version and explanation of any

  5  previous offenses.

  6         (14)  A statement regarding the extent of any victim's

  7  loss or injury.

  8         (15)  A recommendation as to disposition by the court.

  9  The department shall make a written determination as to the

10  reasons for its recommendation, and shall include an

11  evaluation of the following factors:

12         (a)  The appropriateness or inappropriateness of

13  community facilities, programs, or services for treatment or

14  supervision for the offender.

15         (b)  The ability or inability of the department to

16  provide an adequate level of supervision for the offender in

17  the community and a statement of what constitutes an adequate

18  level of supervision.

19         (c)  The existence of other treatment modalities which

20  the offender could use but which do not exist at present in

21  the community.

22         Section 19.  Subsections (1), (2), (3), and (5) of

23  section 948.034, Florida Statutes, as amended by section 34 of

24  chapter 97-194, Laws of Florida, are amended to read:

25         948.034  Terms and conditions of probation; community

26  residential drug punishment centers.--

27         (1)  On or after October 1, 1993, any person who

28  violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or

29  (5)(a) may, in the discretion of the trial court, be required

30  to successfully complete a term of probation in lieu of

31


                                  69

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  serving a term of imprisonment as required or authorized by s.

  2  775.084, former s. 921.001, or s. 921.002, as follows:

  3         (a)  If the person has not previously been convicted of

  4  violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or

  5  (5)(a), adjudication may be withheld and the offender may be

  6  placed on probation for not less than 18 months, as a

  7  condition of which the court shall require the offender to

  8  reside at a community residential drug punishment center for

  9  90 days. The offender must comply with all rules and

10  regulations of the center and must pay a fee for the costs of

11  room and board and residential supervision. Placement of an

12  offender into a community residential drug punishment center

13  is subject to budgetary considerations and availability of bed

14  space. If the court requires the offender to reside at a

15  community residential drug punishment center, the court shall

16  also require the offender to comply with one or more of the

17  other following terms and conditions:

18         1.  Pay a fine of not less than $500 nor more than

19  $10,000 pursuant to s. 775.083(1)(c).

20         2.  Enter, regularly attend, and successfully complete

21  a substance abuse education program of at least 40 hours or a

22  prescribed substance abuse treatment program provided by a

23  treatment resource licensed pursuant to chapter 396 or chapter

24  397 or by a hospital licensed pursuant to chapter 395, as

25  specified by the court. In addition, the court may refer the

26  offender to a licensed agency for substance abuse evaluation

27  and, if appropriate, substance abuse treatment subject to the

28  ability of the offender to pay for such evaluation and

29  treatment. If such referral is made, the offender must comply

30  and must pay for the reasonable cost of the evaluation and

31  treatment.


                                  70

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         3.  Perform at least 100 hours of public service.

  2         4.  Submit to routine and random drug testing which may

  3  be conducted during the probationary period, with the

  4  reasonable costs thereof borne by the offender.

  5         5.  Participate, at his or her own expense, in an

  6  appropriate self-help group, such as Narcotics Anonymous,

  7  Alcoholics Anonymous, or Cocaine Anonymous, if available.

  8         (b)  If the person has been previously convicted of one

  9  felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,

10  (2)(a)1., or (5)(a), adjudication may not be withheld and the

11  offender may be placed on probation for not less than 24

12  months, as a condition of which the court shall require the

13  offender to reside at a community residential drug punishment

14  center for 180 days. The offender must comply with all rules

15  and regulations of the center and must pay a fee for the costs

16  of room and board and residential supervision. Placement of an

17  offender into a community residential drug punishment center

18  is subject to budgetary considerations and availability of bed

19  space. If the court requires the offender to reside at a

20  community residential drug punishment center, the court shall

21  also require the offender to comply with one or more of the

22  other following terms and conditions:

23         1.  Pay a fine of not less than $1,000 nor more than

24  $10,000 pursuant to s. 775.083(1)(c).

25         2.  Enter, regularly attend, and successfully complete

26  a substance abuse education program of at least 40 hours or a

27  prescribed substance abuse treatment program provided by a

28  treatment resource licensed pursuant to chapter 396 or chapter

29  397 or by a hospital licensed pursuant to chapter 395, as

30  specified by the court. In addition, the court may refer the

31  offender to a licensed agency for substance abuse evaluation


                                  71

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  and, if appropriate, substance abuse treatment subject to the

  2  ability of the offender to pay for such evaluation and

  3  treatment. If such referral is made, the offender must comply

  4  and must pay for the reasonable cost of the evaluation and

  5  treatment.

  6         3.  Perform at least 200 hours of public service.

  7         4.  Submit to routine and random drug testing which may

  8  be conducted during the probationary period, with the

  9  reasonable costs thereof borne by the offender.

10         5.  Participate, at his or her own expense, in an

11  appropriate self-help group, such as Narcotics Anonymous,

12  Alcoholics Anonymous, or Cocaine Anonymous, if available.

13         (c)  If the person has been previously convicted of two

14  felony violations of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,

15  (2)(a)1., or (5)(a), adjudication may not be withheld and the

16  offender may be placed on probation for not less than 36

17  months, as a condition of which the court shall require the

18  offender to reside at a community residential drug punishment

19  center for 360 days. The offender must comply with all rules

20  and regulations of the center and must pay a fee for the costs

21  of room and board and residential supervision. Placement of an

22  offender into a community residential drug punishment center

23  is subject to budgetary considerations and availability of bed

24  space. If the court requires the offender to reside at a

25  community residential drug punishment center, the court shall

26  also require the offender to comply with one or more of the

27  other following terms and conditions:

28         1.  Pay a fine of not less than $1,500 nor more than

29  $10,000 pursuant to s. 775.083(1)(c).

30         2.  Enter, regularly attend, and successfully complete

31  a substance abuse education program of at least 40 hours or a


                                  72

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  prescribed substance abuse treatment program provided by a

  2  treatment resource licensed pursuant to chapter 396 or chapter

  3  397 or by a hospital licensed pursuant to chapter 395, as

  4  specified by the court. In addition, the court may refer the

  5  offender to a licensed agency for substance abuse evaluation

  6  and, if appropriate, substance abuse treatment subject to the

  7  ability of the offender to pay for such evaluation and

  8  treatment. If such referral is made, the offender must comply

  9  and must pay for the reasonable cost of the evaluation and

10  treatment.

11         3.  Perform at least 300 hours of public service.

12         4.  Submit to routine and random drug testing which may

13  be conducted during the probationary period, with the

14  reasonable costs thereof borne by the offender.

15         5.  Participate, at his or her own expense, in an

16  appropriate self-help group, such as Narcotics Anonymous,

17  Alcoholics Anonymous, or Cocaine Anonymous, if available.

18         (d)  An offender who violates probation imposed

19  pursuant to this section shall be sentenced in accordance with

20  s. 921.002.

21         (2)  On or after October 1, 1993, any person who

22  violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may,

23  in the discretion of the trial court, be required to

24  successfully complete a term of probation in lieu of serving a

25  term of imprisonment as required or authorized by s. 775.084,

26  former s. 921.001, or s. 921.002, as follows:

27         (a)  If the person has not previously been convicted of

28  violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),

29  adjudication may be withheld and the offender shall be placed

30  on probation for not less than 12 months, as a condition of

31


                                  73

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  which the court may require the offender to comply with one or

  2  more of the following terms and conditions:

  3         1.  Pay a fine of not less than $250 nor more than

  4  $5,000 pursuant to s. 775.083(1)(c).

  5         2.  Enter, regularly attend, and successfully complete

  6  a substance abuse education program of at least 40 hours or a

  7  prescribed substance abuse treatment program provided by a

  8  treatment resource licensed pursuant to chapter 396 or chapter

  9  397 or by a hospital licensed pursuant to chapter 395, as

10  specified by the court. In addition, the court may refer the

11  offender to a licensed agency for substance abuse evaluation

12  and, if appropriate, substance abuse treatment subject to the

13  ability of the offender to pay for such evaluation and

14  treatment. If such referral is made, the offender must comply

15  and must pay for the reasonable cost of the evaluation and

16  treatment.

17         3.  Perform at least 50 hours of public service.

18         4.  Submit to routine and random drug testing which may

19  be conducted during the probationary period, with the

20  reasonable costs thereof borne by the offender.

21         5.  Participate, at his or her own expense, in an

22  appropriate self-help group, such as Narcotics Anonymous,

23  Alcoholics Anonymous, or Cocaine Anonymous, if available.

24         (b)  If the person has been previously convicted of one

25  felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or

26  (6)(a), adjudication may not be withheld and the offender may

27  be placed on probation for not less than 18 months, as a

28  condition of which the court shall require the offender to

29  reside at a community residential drug punishment center for

30  90 days. The offender must comply with all rules and

31  regulations of the center and must pay a fee for the costs of


                                  74

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  room and board and residential supervision. Placement of an

  2  offender into a community residential drug punishment center

  3  is subject to budgetary considerations and availability of bed

  4  space. If the court requires the offender to reside at a

  5  community residential drug punishment center, the court shall

  6  also require the offender to comply with one or more of the

  7  other following terms and conditions:

  8         1.  Pay a fine of not less than $500 nor more than

  9  $5,000 pursuant to s. 775.083(1)(c).

10         2.  Enter, regularly attend, and successfully complete

11  a substance abuse intervention program of a least 80 hours

12  provided by a treatment resource licensed pursuant to chapter

13  396 or chapter 397 or by a hospital licensed pursuant to

14  chapter 395, as specified by the court. In addition, the court

15  may refer the offender to a licensed agency for substance

16  abuse evaluation and, if appropriate, substance abuse

17  treatment subject to the ability of the offender to pay for

18  such evaluation and treatment. If such referral is made, the

19  offender must comply and must pay for the reasonable cost of

20  the evaluation and treatment.

21         3.  Perform at least 100 hours of public service.

22         4.  Submit to routine and random drug testing which may

23  be conducted during the probationary period, with the

24  reasonable costs thereof borne by the offender.

25         5.  Participate, at his or her own expense, in an

26  appropriate self-help group, such as Narcotics Anonymous,

27  Alcoholics Anonymous, or Cocaine Anonymous, if available.

28         (c)  If the person has been previously convicted of two

29  felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or

30  (6)(a), adjudication may not be withheld and the offender may

31  be placed on probation for not less than 24 months, as a


                                  75

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  condition of which the court shall require the offender to

  2  reside at a community residential drug punishment center for

  3  120 days. The offender must comply with all rules and

  4  regulations of the center and must pay a fee for the costs of

  5  room and board and residential supervision. Placement of an

  6  offender into a community residential drug punishment center

  7  is subject to budgetary considerations and availability of bed

  8  space. If the court requires the offender to reside at a

  9  community residential drug punishment center, the court shall

10  also require the offender to comply with one or more of the

11  other following terms and conditions:

12         1.  Pay a fine of not less than $1,000 nor more than

13  $5,000 pursuant to s. 775.083(1)(c).

14         2.  Enter, regularly attend, and successfully complete

15  a prescribed substance abuse treatment program provided by a

16  treatment resource licensed pursuant to chapter 396 or chapter

17  397 or by a hospital licensed pursuant to chapter 395, as

18  specified by the court. In addition, the court may refer the

19  offender to a licensed agency for substance abuse evaluation

20  and, if appropriate, substance abuse treatment subject to the

21  ability of the offender to pay for such evaluation and

22  treatment. If such referral is made, the offender must comply

23  and must pay for the reasonable cost of the evaluation and

24  treatment.

25         3.  Perform at least 150 hours of public service.

26         4.  Submit to routine and random drug testing which may

27  be conducted during the probationary period, with the

28  reasonable costs thereof borne by the offender.

29         5.  Participate, at his or her own expense, in an

30  appropriate self-help group, such as Narcotics Anonymous,

31  Alcoholics Anonymous, or Cocaine Anonymous, if available.


                                  76

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         (d)  If the person has been previously convicted of

  2  three felony violations of s. 893.13(1)(a)2., (2)(a)2.,

  3  (5)(b), or (6)(a), adjudication may not be withheld and the

  4  offender may be placed on probation for not less than 30

  5  months, as a condition of which the court shall require the

  6  offender to reside at a community residential drug punishment

  7  center for 200 days. The offender must comply with all rules

  8  and regulations of the center and must pay a fee for the costs

  9  of room and board and residential supervision. Placement of an

10  offender into a community residential drug punishment center

11  is subject to budgetary considerations and availability of bed

12  space. If the court requires the offender to reside at a

13  community residential drug punishment center, the court shall

14  also require the offender to comply with one or more of the

15  other following terms and conditions:

16         1.  Pay a fine of not less than $1,500 nor more than

17  $5,000 pursuant to s. 775.083(1)(c).

18         2.  Enter, regularly attend, and successfully complete

19  a prescribed substance abuse treatment program provided by a

20  treatment resource licensed pursuant to chapter 396 or chapter

21  397 or by a hospital licensed pursuant to chapter 395, as

22  specified by the court. In addition, the court may refer the

23  offender to a licensed agency for substance abuse evaluation

24  and, if appropriate, substance abuse treatment subject to the

25  ability of the offender to pay for such evaluation and

26  treatment. If such referral is made, the offender must comply

27  and must pay for the reasonable cost of the evaluation and

28  treatment.

29         3.  Perform at least 200 hours of public service.

30

31


                                  77

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         4.  Submit to routine and random drug testing which may

  2  be conducted during the probationary period, with the

  3  reasonable costs thereof borne by the offender.

  4         5.  Participate, at his or her own expense, in an

  5  appropriate self-help group, such as Narcotics Anonymous,

  6  Alcoholics Anonymous, or Cocaine Anonymous, if available.

  7         (e)  If the person has been previously convicted of

  8  four felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b),

  9  or (6)(a), adjudication may not be withheld and the offender

10  may be placed on probation for not less than 36 months, as a

11  condition of which the court shall require the offender to

12  reside at a community residential drug punishment center for

13  360 days. The offender must comply with all rules and

14  regulations of the center and must pay a fee for the costs of

15  room and board and residential supervision. Placement of an

16  offender into a community residential drug punishment center

17  is subject to budgetary considerations and availability of bed

18  space. If the court requires the offender to reside at a

19  community residential drug punishment center, the court shall

20  also require the offender to comply with one or more of the

21  other following terms and conditions:

22         1.  Pay a fine of not less than $2,000 nor more than

23  $5,000 pursuant to s. 775.083(1)(c).

24         2.  Enter, regularly attend, and successfully complete

25  a prescribed substance abuse treatment program provided by a

26  treatment resource licensed pursuant to chapter 396 or chapter

27  397 or by a hospital licensed pursuant to chapter 395, as

28  specified by the court. In addition, the court may refer the

29  offender to a licensed agency for substance abuse evaluation

30  and, if appropriate, substance abuse treatment subject to the

31  ability of the offender to pay for such evaluation and


                                  78

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  treatment. If such referral is made, the offender must comply

  2  and must pay for the reasonable cost of the evaluation and

  3  treatment.

  4         3.  Perform at least 250 hours of public service.

  5         4.  Submit to routine and random drug testing which may

  6  be conducted during the probationary period, with the

  7  reasonable costs thereof borne by the offender.

  8         5.  Participate, at his or her own expense, in an

  9  appropriate self-help group, such as Narcotics Anonymous,

10  Alcoholics Anonymous, or Cocaine Anonymous, if available.

11         (f)  An offender who violates probation imposed

12  pursuant to this section shall be sentenced in accordance with

13  s. 921.002.

14         (3)  Whenever the authorized provider for substance

15  abuse treatment pursuant to this section is the same provider

16  that which conducts the substance abuse evaluations, that

17  provider must submit a quarterly statistical report that which

18  shall be reviewed by the Department of Children and Family

19  Health and Rehabilitative Services to ensure that excessive

20  referrals to treatment have not been made. A programmatic and

21  statistical report must be submitted annually to the

22  Department of Children and Family Health and Rehabilitative

23  Services by each provider authorized to provide services under

24  this section.

25         (5)  The Department of Corrections, in consultation

26  with the Department of Children and Family Health and

27  Rehabilitative Services, shall adopt rules as necessary to

28  implement the provisions of this section relating to program

29  standards and performance objectives of community residential

30  drug punishment centers.

31


                                  79

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         Section 20.  Subsection (2) of section 948.51, Florida

  2  Statutes, as amended by section 35 of chapter 97-194, Laws of

  3  Florida, is amended to read:

  4         948.51  Community corrections assistance to counties or

  5  county consortiums.--

  6         (2)  ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A

  7  county, or a consortium of two or more counties, may contract

  8  with the Department of Corrections for community corrections

  9  funds as provided in this section.  In order to enter into a

10  community corrections partnership contract, a county or county

11  consortium must have a public safety coordinating council

12  established under s. 951.26 and must designate a county

13  officer or agency to be responsible for administering

14  community corrections funds received from the state.  The

15  public safety coordinating council shall prepare, develop, and

16  implement a comprehensive public safety plan for the county,

17  or the geographic area represented by the county consortium,

18  and shall submit an annual report to the Department of

19  Corrections concerning the status of the program. In preparing

20  the comprehensive public safety plan, the public safety

21  coordinating council shall cooperate with the district

22  juvenile justice board and the county juvenile justice

23  council, established under s. 985.413 s. 39.025, in order to

24  include programs and services for juveniles in the plan. To be

25  eligible for community corrections funds under the contract,

26  the initial public safety plan must be approved by the

27  governing board of the county, or the governing board of each

28  county within the consortium, and the Secretary of Corrections

29  based on the requirements of this section. If one or more

30  other counties develop a unified public safety plan, the

31  public safety coordinating council shall submit a single


                                  80

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1  application to the department for funding. Continued contract

  2  funding shall be pursuant to subsection (5) subsection (6).

  3  The plan for a county or county consortium must cover at least

  4  a 5-year period and must include:

  5         (a)  A description of programs offered for the job

  6  placement and treatment of offenders in the community.

  7         (b)  A specification of community-based intermediate

  8  sentencing options to be offered and the types and number of

  9  offenders to be included in each program.

10         (c)  Specific goals and objectives for reducing the

11  projected percentage of commitments to the state prison system

12  of persons with low total sentencing scores of 40 to 52

13  points, inclusive, pursuant to the Criminal Punishment Code.

14         (d)  Specific evidence of the population status of all

15  programs which are part of the plan, which evidence

16  establishes that such programs do not include offenders who

17  otherwise would have been on a less intensive form of

18  community supervision.

19         (e)  The assessment of population status by the public

20  safety coordinating council of all correctional facilities

21  owned or contracted for by the county or by each county within

22  the consortium.

23         (f)  The assessment of bed space that is available for

24  substance abuse intervention and treatment programs and the

25  assessment of offenders in need of treatment who are committed

26  to each correctional facility owned or contracted for by the

27  county or by each county within the consortium.

28         (g)  A description of program costs and sources of

29  funds for each community corrections program, including

30  community corrections funds, loans, state assistance, and

31  other financial assistance.


                                  81

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1522                           First Engrossed (ntc)



  1         Section 21.  Subsection (3) of section 958.04, Florida

  2  Statutes, as amended by section 36 of chapter 97-194, Laws of

  3  Florida, is amended to read:

  4         958.04  Judicial disposition of youthful offenders.--

  5         (3)  The provisions of this section shall not be used

  6  to impose a greater sentence than the permissible sentence

  7  maximum recommended range as established by the Criminal

  8  Punishment Code pursuant to chapter 921 unless reasons are

  9  explained in writing by the trial court judge which reasonably

10  justify departure.  A sentence imposed outside of the code is

11  subject to appeal pursuant to s. 924.06 or s. 924.07.

12         Section 22.  This act shall take effect October 1,

13  1998.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  82