Senate Bill 1522e1
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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:
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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
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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 .... = ....
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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
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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...............................................
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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).
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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
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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
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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;
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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
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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
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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.
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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
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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:
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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
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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;
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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