Florida Senate - 2022                                    SB 1356
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01394-22                                           20221356__
    1                        A bill to be entitled                      
    2         An act relating to a military service option for
    3         certain criminal offenders; creating s. 921.00242,
    4         F.S.; providing that certain criminal offenders may
    5         enlist in the military in lieu of incarceration under
    6         certain circumstances; specifying requirements for the
    7         offender’s military service; providing for
    8         resentencing if requirements are not met; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 921.00242, Florida Statutes, is created
   14  to read:
   15         921.00242 Military service option.—
   16         (1) A court may permit an offender who is 25 years of age
   17  or younger to enlist in the Armed Forces of the United States as
   18  provided in subsection (2) and complete the requirements of that
   19  subsection or be sentenced as provided in subsection (3). An
   20  offender may enlist in lieu of a prison sanction if the offender
   21  meets all of the following criteria:
   22         (a) The offender’s primary offense is a misdemeanor.
   23         (b) The offender’s total maximum possible imprisonment for
   24  all offenses for which he or she is being sentenced is not more
   25  than 4 years.
   26         (c) The offender has not been convicted of an offense or,
   27  if the offender has prior convictions, is not a habitual felony
   28  offender, a habitual violent felony offender, or a violent
   29  career criminal under s. 775.084.
   30         (d) The offender’s primary offense does not require a
   31  minimum mandatory sentence.
   32         (2) The offender shall enlist in a branch of the Armed
   33  Forces of the United States and must:
   34         (a) Achieve a minimum acceptable score on the Armed
   35  Services Vocational Aptitude Battery (ASVAB) test.
   36         (b) Successfully complete basic training.
   37         (c) Successfully complete his or her first term of
   38  enlistment.
   39         (d) Satisfy all fines and other financial obligations
   40  imposed for the offense by the completion of his or her first
   41  term of enlistment.
   42         (3) The court shall retain jurisdiction over the offender
   43  until all of the requirements in subsection (2) are completed.
   44  If an offender fails to complete any of the requirements in
   45  subsection (2), the offender shall be ordered to return to the
   46  sentencing court to be resentenced.
   47         Section 2. This act shall take effect July 1, 2022.