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