Florida Senate - 2024                                    SB 1036
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-01213B-24                                          20241036__
    1                        A bill to be entitled                      
    2         An act relating to reclassification of criminal
    3         penalties; creating s. 775.0848, F.S.; defining the
    4         term “removal”; requiring reclassification of the
    5         penalty for the commission of a new felony committed
    6         by a person who unlawfully reenters the United States
    7         and while remaining unlawfully present after having
    8         been deported or removed from the United States under
    9         federal immigration proceedings for committing a
   10         felony, or who has departed the United States while
   11         such an order of deportation or removal was
   12         outstanding; creating s. 908.12, F.S.; defining the
   13         term “transnational crime organization”; authorizing
   14         reclassification of the penalty for any felony or
   15         misdemeanor offenses or certain other acts or
   16         violations upon a specified finding by the factfinder;
   17         specifying that the penalty enhancement affects only
   18         the applicable statutory maximum sentence; requiring
   19         that each of the findings required as a basis for such
   20         sentence be found beyond a reasonable doubt; providing
   21         an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 775.0848, Florida Statutes, is created
   26  to read:
   27         775.0848 Commission of a felony after unlawful reentry into
   28  the United States; reclassification.—
   29         (1) As used in this section, the term “removal” means any
   30  agreement in which a person stipulates to removal during a
   31  criminal proceeding under federal or state law.
   32         (2) A person who has been deported or removed from the
   33  United States under federal immigration proceedings for
   34  committing a felony, or has departed the United States while
   35  such an order of deportation or removal is outstanding, shall
   36  have the penalty for committing a new felony after unlawfully
   37  reentering the United States and while remaining unlawfully
   38  present reclassified in the following manner:
   39         (a) A felony of the third degree is reclassified to a
   40  felony of the second degree.
   41         (b) A felony of the second degree is reclassified to a
   42  felony of the first degree.
   43         (c) A felony of the first degree is reclassified to a life
   44  felony.
   45         Section 2. Section 908.12, Florida Statutes, is created to
   46  read:
   47         908.12 Transnational crime organizations;
   48  reclassification.—
   49         (1) As used in this section, the term “transnational crime
   50  organization” means an organization that routinely facilitates
   51  the international trafficking of drugs, humans, or weapons or
   52  the international smuggling of humans.
   53         (2) Upon a finding by the factfinder that a defendant
   54  committed the charged offense for the purpose of benefiting,
   55  promoting, or furthering the interests of a transnational crime
   56  organization, the penalty for any felony or misdemeanor, or for
   57  any delinquent act or violation of law which would be a felony
   58  or misdemeanor if committed by an adult, may be reclassified
   59  under this subsection. A penalty enhancement affects only the
   60  applicable statutory maximum sentence, and each of the findings
   61  required as a basis for such sentence must be found beyond a
   62  reasonable doubt. The reclassification is as follows:
   63         (a) A misdemeanor of the second degree is reclassified to a
   64  misdemeanor of the first degree.
   65         (b) A misdemeanor of the first degree is reclassified to a
   66  felony of the third degree.
   67         (c) A felony of the third degree is reclassified to a
   68  felony of the second degree.
   69         (d) A felony of the second degree is reclassified to a
   70  felony of the first degree.
   71         (e) A felony of the first degree is reclassified to a life
   72  felony.
   73         Section 3. This act shall take effect October 1, 2024.