HB 0077 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to dangerous sexual felony offenders;
13	amending s. 794.0115, F.S.; deleting provisions relating
14	to repeat sexual offenders; providing criteria for the
15	qualification of enhanced penalties; requiring sentencing
16	to a mandatory minimum prison term; providing definitions;
17	providing statutory construction; providing an effective
18	date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Section 794.0115, Florida Statutes, is amended
23	to read:
24	(Substantial rewording of section. See s. 794.0115,
25	F.S., for present text.)
26	794.0115 Dangerous sexual felony offender; mandatory
27	sentencing.--
28	(1) This section shall be known by the popular name the
29	“Dangerous Sexual Felony Offender Act."
30	(2) Any person who is convicted of a violation of s.
31	787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or
32	(5); s. 827.071(2), (3), or (4); s. 825.1025; or s. 847.0145, or
33	any similar offense under a former designation, which such
34	offense was committed when such person was 18 years of age or
35	older; and such person:
36	(a) Caused serious personal injury to the victim as a
37	result of the commission of such offense;
38	(b) Used or threatened to use a deadly weapon during the
39	commission of such offense;
40	(c) Victimized more than one person during the course of
41	the criminal episode applicable to such offense;
42	(d) Was 28 years of age or older and the victim was under
43	the age of 16, except for a violation of s. 800.04(5);
44	(e) Committed such offense while under the jurisdiction of
45	a court for a felony offense under the laws of this state, or
46	for an offense that is a felony in another jurisdiction or would
47	be a felony if that offense were committed in this state; or
48	(f) Has previously been convicted of a violation of s.
49	787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or
50	(5); s. 825.1025; s. 827.071(2), (3), or (4); or s. 847.0145;
51	any offense under a former statutory designation which is
52	similar in elements to an offense described in this paragraph;
53	or any offense that is a felony in another jurisdiction, or
54	would be a felony if that offense were committed in this state,
55	and which is similar in elements to an offense described in this
56	paragraph
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58	is a dangerous sexual felony offender, who must be sentenced to
59	a mandatory minimum term of 25 years imprisonment up to, and
60	including, life imprisonment.
61	(3) As used in this section, “serious personal injury"
62	means great bodily harm or pain, permanent disability, or
63	permanent disfigurement.
64	(4) The offense described in subsection (2) that is being
65	charged must have been committed after the date of commission of
66	the last prior conviction for an offense that is a prior
67	conviction described in paragraph (2)(f).
68	(5) It is irrelevant that a factor listed in subsection
69	(2) is an element of an offense described in that subsection. It
70	is also irrelevant that such offense was reclassified to a
71	higher felony degree under s. 794.023 or any other law.
72	(6) Notwithstanding s. 775.082(3), chapter 958, any other
73	law, or any interpretation or construction thereof, a person
74	subject to sentencing under this section must be sentenced to
75	the mandatory minimum term of imprisonment provided under this
76	section. If the mandatory minimum term of imprisonment imposed
77	under this section exceeds the maximum sentence authorized under
78	s. 775.082, s. 775.084, or chapter 921, the mandatory minimum
79	term of imprisonment under this section must be imposed. If the
80	mandatory minimum term of imprisonment under this section is
81	less than the sentence that could be imposed under s. 775.082,
82	s. 775.084, or chapter 921, the sentence imposed must include
83	the mandatory minimum term of imprisonment under this section.
84	(7) A defendant sentenced to a mandatory minimum term of
85	imprisonment pursuant to this section is not eligible for
86	statutory gain-time under s. 944.275 or any form of
87	discretionary early release, other than pardon or executive
88	clemency, or conditional medical release under s. 947.149, prior
89	to serving the minimum sentence.
90	Section 2. This act shall take effect July 1, 2003.
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