| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to drug offenses; amending s. 893.135, |
| 7 | F.S.; providing for aggregation of amounts of controlled |
| 8 | substances in certain circumstances for offenses involving |
| 9 | trafficking; amending s. 903.047, F.S.; requiring persons |
| 10 | charged with specified felony drug crimes who are seeking |
| 11 | pretrial release on bond to make specified showings as to |
| 12 | the source and legitimacy of funds and the surety's |
| 13 | purpose and intentions; amending s. 903.0471, F.S.; |
| 14 | requiring that a defendant on pretrial release for a |
| 15 | felony drug offense who is subsequently arrested for a new |
| 16 | felony drug offense must be returned to custody and must |
| 17 | show that he is not a danger to the community in order to |
| 18 | be released again; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (8) is added to section 893.135, |
| 23 | Florida Statutes, to read: |
| 24 | 893.135 Trafficking; mandatory sentences; suspension or |
| 25 | reduction of sentences; conspiracy to engage in trafficking.-- |
| 26 | (8) Amounts of controlled substances sold, purchased, |
| 27 | manufactured, delivered, brought into the state, or actually or |
| 28 | constructively possessed by a specific person in a series of |
| 29 | violations of this chapter committed pursuant to one scheme or |
| 30 | course of conduct extending over a period of no more than 90 |
| 31 | days may be aggregated in determining whether the weight |
| 32 | thresholds for offenses in this section have been met or |
| 33 | exceeded. |
| 34 | Section 2. Subsection (2) of section 903.047, Florida |
| 35 | Statutes, is renumbered as subsection (3) and a new subsection |
| 36 | (2) is added to said section to read: |
| 37 | 903.047 Conditions of pretrial release.-- |
| 38 | (2) As a condition of pretrial release on appearance or |
| 39 | criminal surety bond of any person charged with a felony |
| 40 | violation under chapter 893 involving the sale, delivery, |
| 41 | cultivation, or manufacture of any controlled substance; the |
| 42 | possession of, with intent to sell, deliver, cultivate, or |
| 43 | manufacture, any controlled substance; or trafficking in any |
| 44 | controlled substance, the court shall require that the defendant |
| 45 | prove by a preponderance of the evidence: |
| 46 | (a) The source and legitimacy of any funds intended to be |
| 47 | used to obtain his or her release. |
| 48 | (b) When the defendant's release is to be guaranteed by |
| 49 | criminal surety bond, the surety's purpose and intention to |
| 50 | secure the appearance of the defendant to answer charges. |
| 51 | Section 3. Section 903.0471, Florida Statutes, is amended |
| 52 | to read: |
| 53 | 903.0471 Violation of condition of pretrial release.-- |
| 54 | (1) Notwithstanding s. 907.041, a court may, on its own |
| 55 | motion, revoke pretrial release and order pretrial detention if |
| 56 | the court finds probable cause to believe that the defendant |
| 57 | committed a new crime while on pretrial release. |
| 58 | (2) Notwithstanding s. 907.041, when a defendant has been |
| 59 | granted pretrial release on a charge of any felony violation of |
| 60 | chapter 893 involving the sale, delivery, cultivation, or |
| 61 | manufacture of any controlled substance; the possession of, with |
| 62 | intent to sell, deliver, cultivate, or manufacture, any |
| 63 | controlled substance; or trafficking in any controlled substance |
| 64 | and is subsequently arrested on a new charge of a felony |
| 65 | violation of chapter 893 involving the sale, delivery, |
| 66 | cultivation, or manufacture of any controlled substance; the |
| 67 | possession of, with intent to sell, deliver, cultivate, or |
| 68 | manufacture, any controlled substance; or trafficking in any |
| 69 | controlled substance, the court shall revoke his or her existing |
| 70 | pretrial release and the defendant shall be returned to custody |
| 71 | on the pending charges. The defendant shall not be eligible for |
| 72 | pretrial release on the subsequent charge until an evidentiary |
| 73 | hearing is held. At such hearing for pretrial release on the |
| 74 | subsequent charge, the burden shall fall upon the defendant to |
| 75 | prove by a preponderance of the evidence that his or her release |
| 76 | would not be a danger to the community. |
| 77 | Section 4. This act shall take effect October 1, 2005. |