Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 642
       
       
       
       
       
       
                                Ì261344ÉÎ261344                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2019           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment to Amendment (271420) 
    2  
    3         Delete lines 1083 - 1120
    4  and insert:
    5  vendor, a county detention facility following incarceration for
    6  an offense for which the sentence pronounced was a prison
    7  sentence, or within 3 years after being released from a
    8  correctional institution of another state, the District of
    9  Columbia, the United States, any possession or territory of the
   10  United States, or any foreign jurisdiction, following
   11  incarceration for an offense for which the sentence is
   12  punishable by more than 1 year in this state.
   13         2. “Prison releasee reoffender” also means any defendant
   14  who commits or attempts to commit any offense listed in sub
   15  subparagraphs (a)1.a.-r. while the defendant was serving a
   16  prison sentence or on escape status from a state correctional
   17  facility operated by the Department of Corrections or a private
   18  vendor or while the defendant was on escape status from a
   19  correctional institution of another state, the District of
   20  Columbia, the United States, any possession or territory of the
   21  United States, or any foreign jurisdiction, following
   22  incarceration for an offense for which the sentence is
   23  punishable by more than 1 year in this state.
   24         3. If the state attorney determines that a defendant is a
   25  prison releasee reoffender as defined in subparagraph 1., the
   26  state attorney may seek to have the court sentence the defendant
   27  as a prison releasee reoffender. Upon proof from the state
   28  attorney that establishes by a preponderance of the evidence
   29  that a defendant is a prison releasee reoffender as defined in
   30  this section, such defendant is not eligible for sentencing
   31  under the sentencing guidelines and must be sentenced as
   32  follows:
   33         a. For a felony punishable by life, by a term of
   34  imprisonment for life;
   35         b. For a felony of the first degree, by a term of
   36  imprisonment of 30 years;
   37         c. For a felony of the second degree, by a term of
   38  imprisonment of 15 years; and
   39         d. For a felony of the third degree, by a term of
   40  imprisonment of 5 years.
   41         (d)1. It is the intent of the Legislature that offenders
   42  previously released from prison or a county detention facility
   43  following incarceration for an offense for which the sentence
   44  pronounced was a prison sentence who meet the criteria in