Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 228
       
       
       
       
       
       
                                Ì223716)Î223716                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  10/05/2015           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Substitute for Amendment (812936) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (2), (3), and (6) of section
    7  775.087, Florida Statutes, are amended to read:
    8         775.087 Possession or use of weapon; aggravated battery;
    9  felony reclassification; minimum sentence.—
   10         (2)(a)1. Any person who is convicted of a felony or an
   11  attempt to commit a felony, regardless of whether the use of a
   12  weapon is an element of the felony, and the conviction was for:
   13         a. Murder;
   14         b. Sexual battery;
   15         c. Robbery;
   16         d. Burglary;
   17         e. Arson;
   18         f. Aggravated assault;
   19         f.g. Aggravated battery;
   20         g.h. Kidnapping;
   21         h.i. Escape;
   22         i.j. Aircraft piracy;
   23         j.k. Aggravated child abuse;
   24         k.l. Aggravated abuse of an elderly person or disabled
   25  adult;
   26         l.m. Unlawful throwing, placing, or discharging of a
   27  destructive device or bomb;
   28         m.n. Carjacking;
   29         n.o. Home-invasion robbery;
   30         o.p. Aggravated stalking;
   31         p.q. Trafficking in cannabis, trafficking in cocaine,
   32  capital importation of cocaine, trafficking in illegal drugs,
   33  capital importation of illegal drugs, trafficking in
   34  phencyclidine, capital importation of phencyclidine, trafficking
   35  in methaqualone, capital importation of methaqualone,
   36  trafficking in amphetamine, capital importation of amphetamine,
   37  trafficking in flunitrazepam, trafficking in gamma
   38  hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
   39  trafficking in Phenethylamines, or other violation of s.
   40  893.135(1); or
   41         q.r. Possession of a firearm by a felon
   42  
   43  and during the commission of the offense, such person actually
   44  possessed a “firearm” or “destructive device” as those terms are
   45  defined in s. 790.001, shall be sentenced to a minimum term of
   46  imprisonment of 10 years, except that a person who is convicted
   47  for aggravated assault, possession of a firearm by a felon, or
   48  burglary of a conveyance shall be sentenced to a minimum term of
   49  imprisonment of 3 years if such person possessed a “firearm” or
   50  “destructive device” during the commission of the offense.
   51  However, if an offender who is convicted of the offense of
   52  possession of a firearm by a felon has a previous conviction of
   53  committing or attempting to commit a felony listed in s.
   54  775.084(1)(b)1. and actually possessed a firearm or destructive
   55  device during the commission of the prior felony, the offender
   56  shall be sentenced to a minimum term of imprisonment of 10
   57  years.
   58         2. Any person who is convicted of a felony or an attempt to
   59  commit a felony listed in sub-subparagraphs (a)1.a.-p. (a)1.a.
   60  q., regardless of whether the use of a weapon is an element of
   61  the felony, and during the course of the commission of the
   62  felony such person discharged a “firearm” or “destructive
   63  device” as defined in s. 790.001 shall be sentenced to a minimum
   64  term of imprisonment of 20 years.
   65         3. Any person who is convicted of a felony or an attempt to
   66  commit a felony listed in sub-subparagraphs (a)1.a.-p. (a)1.a.
   67  q., regardless of whether the use of a weapon is an element of
   68  the felony, and during the course of the commission of the
   69  felony such person discharged a “firearm” or “destructive
   70  device” as defined in s. 790.001 and, as the result of the
   71  discharge, death or great bodily harm was inflicted upon any
   72  person, the convicted person shall be sentenced to a minimum
   73  term of imprisonment of not less than 25 years and not more than
   74  a term of imprisonment of life in prison.
   75         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
   76  (a)3. does not prevent a court from imposing a longer sentence
   77  of incarceration as authorized by law in addition to the minimum
   78  mandatory sentence, or from imposing a sentence of death
   79  pursuant to other applicable law. Subparagraph (a)1.,
   80  subparagraph (a)2., or subparagraph (a)3. does not authorize a
   81  court to impose a lesser sentence than otherwise required by
   82  law.
   83  
   84  Notwithstanding s. 948.01, adjudication of guilt or imposition
   85  of sentence shall not be suspended, deferred, or withheld, and
   86  the defendant is not eligible for statutory gain-time under s.
   87  944.275 or any form of discretionary early release, other than
   88  pardon or executive clemency, or conditional medical release
   89  under s. 947.149, prior to serving the minimum sentence.
   90         (c) If the minimum mandatory terms of imprisonment imposed
   91  pursuant to this section exceed the maximum sentences authorized
   92  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
   93  chapter 921, then the mandatory minimum sentence must be
   94  imposed. If the mandatory minimum terms of imprisonment pursuant
   95  to this section are less than the sentences that could be
   96  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
   97  Punishment Code under chapter 921, then the sentence imposed by
   98  the court must include the mandatory minimum term of
   99  imprisonment as required in this section.
  100         (d) It is the intent of the Legislature that offenders who
  101  actually possess, carry, display, use, threaten to use, or
  102  attempt to use firearms or destructive devices be punished to
  103  the fullest extent of the law, and the minimum terms of
  104  imprisonment imposed pursuant to this subsection shall be
  105  imposed for each qualifying felony count for which the person is
  106  convicted. The court shall impose any term of imprisonment
  107  provided for in this subsection consecutively to any other term
  108  of imprisonment imposed for any other felony offense.
  109         (3)(a)1. Any person who is convicted of a felony or an
  110  attempt to commit a felony, regardless of whether the use of a
  111  firearm is an element of the felony, and the conviction was for:
  112         a. Murder;
  113         b. Sexual battery;
  114         c. Robbery;
  115         d. Burglary;
  116         e. Arson;
  117         f. Aggravated assault;
  118         f.g. Aggravated battery;
  119         g.h. Kidnapping;
  120         h.i. Escape;
  121         i.j. Sale, manufacture, delivery, or intent to sell,
  122  manufacture, or deliver any controlled substance;
  123         j.k. Aircraft piracy;
  124         k.l. Aggravated child abuse;
  125         l.m. Aggravated abuse of an elderly person or disabled
  126  adult;
  127         m.n. Unlawful throwing, placing, or discharging of a
  128  destructive device or bomb;
  129         n.o. Carjacking;
  130         o.p. Home-invasion robbery;
  131         p.q. Aggravated stalking; or
  132         q.r. Trafficking in cannabis, trafficking in cocaine,
  133  capital importation of cocaine, trafficking in illegal drugs,
  134  capital importation of illegal drugs, trafficking in
  135  phencyclidine, capital importation of phencyclidine, trafficking
  136  in methaqualone, capital importation of methaqualone,
  137  trafficking in amphetamine, capital importation of amphetamine,
  138  trafficking in flunitrazepam, trafficking in gamma
  139  hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
  140  trafficking in Phenethylamines, or other violation of s.
  141  893.135(1);
  142  
  143  and during the commission of the offense, such person possessed
  144  a semiautomatic firearm and its high-capacity detachable box
  145  magazine or a machine gun as defined in s. 790.001, shall be
  146  sentenced to a minimum term of imprisonment of 15 years.
  147         2. Any person who is convicted of a felony or an attempt to
  148  commit a felony listed in subparagraph (a)1., regardless of
  149  whether the use of a weapon is an element of the felony, and
  150  during the course of the commission of the felony such person
  151  discharged a semiautomatic firearm and its high-capacity box
  152  magazine or a “machine gun” as defined in s. 790.001 shall be
  153  sentenced to a minimum term of imprisonment of 20 years.
  154         3. Any person who is convicted of a felony or an attempt to
  155  commit a felony listed in subparagraph (a)1., regardless of
  156  whether the use of a weapon is an element of the felony, and
  157  during the course of the commission of the felony such person
  158  discharged a semiautomatic firearm and its high-capacity box
  159  magazine or a “machine gun” as defined in s. 790.001 and, as the
  160  result of the discharge, death or great bodily harm was
  161  inflicted upon any person, the convicted person shall be
  162  sentenced to a minimum term of imprisonment of not less than 25
  163  years and not more than a term of imprisonment of life in
  164  prison.
  165         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  166  (a)3. does not prevent a court from imposing a longer sentence
  167  of incarceration as authorized by law in addition to the minimum
  168  mandatory sentence, or from imposing a sentence of death
  169  pursuant to other applicable law. Subparagraph (a)1.,
  170  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  171  court to impose a lesser sentence than otherwise required by
  172  law.
  173  
  174  Notwithstanding s. 948.01, adjudication of guilt or imposition
  175  of sentence shall not be suspended, deferred, or withheld, and
  176  the defendant is not eligible for statutory gain-time under s.
  177  944.275 or any form of discretionary early release, other than
  178  pardon or executive clemency, or conditional medical release
  179  under s. 947.149, prior to serving the minimum sentence.
  180         (c) If the minimum mandatory terms of imprisonment imposed
  181  pursuant to this section exceed the maximum sentences authorized
  182  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
  183  chapter 921, then the mandatory minimum sentence must be
  184  imposed. If the mandatory minimum terms of imprisonment pursuant
  185  to this section are less than the sentences that could be
  186  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
  187  Punishment Code under chapter 921, then the sentence imposed by
  188  the court must include the mandatory minimum term of
  189  imprisonment as required in this section.
  190         (d) It is the intent of the Legislature that offenders who
  191  possess, carry, display, use, threaten to use, or attempt to use
  192  a semiautomatic firearm and its high-capacity detachable box
  193  magazine or a machine gun as defined in s. 790.001 be punished
  194  to the fullest extent of the law, and the minimum terms of
  195  imprisonment imposed pursuant to this subsection shall be
  196  imposed for each qualifying felony count for which the person is
  197  convicted. The court shall impose any term of imprisonment
  198  provided for in this subsection consecutively to any other term
  199  of imprisonment imposed for any other felony offense.
  200         (e) As used in this subsection, the term:
  201         1. “High-capacity detachable box magazine” means any
  202  detachable box magazine, for use in a semiautomatic firearm,
  203  which is capable of being loaded with more than 20 centerfire
  204  cartridges.
  205         2. “Semiautomatic firearm” means a firearm which is capable
  206  of firing a series of rounds by separate successive depressions
  207  of the trigger and which uses the energy of discharge to perform
  208  a portion of the operating cycle.
  209         (6) Notwithstanding s. 27.366, the sentencing court shall
  210  not impose the mandatory minimum sentence required by subsection
  211  (2) or subsection (3) for a conviction for aggravated assault if
  212  the court makes written findings that:
  213         (a) The defendant had a good faith belief that the
  214  aggravated assault was justifiable pursuant to chapter 776.
  215         (b) The aggravated assault was not committed in the course
  216  of committing another criminal offense.
  217         (c) The defendant does not pose a threat to public safety.
  218         (d) The totality of the circumstances involved in the
  219  offense do not justify the imposition of such sentence.
  220         Section 2. Paragraph (d) of subsection (2) of section
  221  985.557, Florida Statutes, is amended to read:
  222         985.557 Direct filing of an information; discretionary and
  223  mandatory criteria.—
  224         (2) MANDATORY DIRECT FILE.—
  225         (d)1. With respect to any child who was 16 or 17 years of
  226  age at the time the alleged offense was committed, the state
  227  attorney shall file an information if the child has been charged
  228  with committing or attempting to commit an offense listed in s.
  229  775.087(2)(a)1.a.-p. s. 775.087(2)(a)1.a.-q., and, during the
  230  commission of or attempt to commit the offense, the child:
  231         a. Actually possessed a firearm or destructive device, as
  232  those terms are defined in s. 790.001.
  233         b. Discharged a firearm or destructive device, as described
  234  in s. 775.087(2)(a)2.
  235         c. Discharged a firearm or destructive device, as described
  236  in s. 775.087(2)(a)3., and, as a result of the discharge, death
  237  or great bodily harm was inflicted upon any person.
  238         2. Upon transfer, any child who is:
  239         a. Charged under sub-subparagraph 1.a. and who has been
  240  previously adjudicated or had adjudication withheld for a
  241  forcible felony offense or any offense involving a firearm, or
  242  who has been previously placed in a residential commitment
  243  program, shall be subject to sentencing under s. 775.087(2)(a),
  244  notwithstanding s. 985.565.
  245         b. Charged under sub-subparagraph 1.b. or sub-subparagraph
  246  1.c., shall be subject to sentencing under s. 775.087(2)(a),
  247  notwithstanding s. 985.565.
  248         3. Upon transfer, any child who is charged under this
  249  paragraph, but who does not meet the requirements specified in
  250  subparagraph 2., shall be sentenced under s. 985.565; however,
  251  if the court imposes a juvenile sanction, the court must commit
  252  the child to a high-risk or maximum-risk juvenile facility.
  253         4. This paragraph shall not apply if the state attorney has
  254  good cause to believe that exceptional circumstances exist that
  255  preclude the just prosecution of the child in adult court.
  256         5. The Department of Corrections shall make every
  257  reasonable effort to ensure that any child 16 or 17 years of age
  258  who is convicted and sentenced under this paragraph be
  259  completely separated such that there is no physical contact with
  260  adult offenders in the facility, to the extent that it is
  261  consistent with chapter 958.
  262         Section 3. For the purpose of incorporating the amendment
  263  made by this act to section 775.087, Florida Statutes, in a
  264  reference thereto, section 27.366, Florida Statutes, is
  265  reenacted to read:
  266         27.366 Legislative intent and policy in cases meeting
  267  criteria of s. 775.087(2) and (3).—It is the intent of the
  268  Legislature that convicted criminal offenders who meet the
  269  criteria in s. 775.087(2) and (3) be sentenced to the minimum
  270  mandatory prison terms provided therein. It is the intent of the
  271  Legislature to establish zero tolerance of criminals who use,
  272  threaten to use, or avail themselves of firearms in order to
  273  commit crimes and thereby demonstrate their lack of value for
  274  human life. It is also the intent of the Legislature that
  275  prosecutors should appropriately exercise their discretion in
  276  those cases in which the offenders’ possession of the firearm is
  277  incidental to the commission of a crime and not used in
  278  furtherance of the crime, used in order to commit the crime, or
  279  used in preparation to commit the crime. For every case in which
  280  the offender meets the criteria in this act and does not receive
  281  the mandatory minimum prison sentence, the state attorney must
  282  explain the sentencing deviation in writing and place such
  283  explanation in the case file maintained by the state attorney.
  284         Section 4. For the purpose of incorporating the amendment
  285  made by this act to section 775.087, Florida Statutes, in a
  286  reference thereto, subsection (2) of section 921.0022, Florida
  287  Statutes, is reenacted to read:
  288         921.0022 Criminal Punishment Code; offense severity ranking
  289  chart.—
  290         (2) The offense severity ranking chart has 10 offense
  291  levels, ranked from least severe, which are level 1 offenses, to
  292  most severe, which are level 10 offenses, and each felony
  293  offense is assigned to a level according to the severity of the
  294  offense. For purposes of determining which felony offenses are
  295  specifically listed in the offense severity ranking chart and
  296  which severity level has been assigned to each of these
  297  offenses, the numerical statutory references in the left column
  298  of the chart and the felony degree designations in the middle
  299  column of the chart are controlling; the language in the right
  300  column of the chart is provided solely for descriptive purposes.
  301  Reclassification of the degree of the felony through the
  302  application of s. 775.0845, s. 775.0861, s. 775.0862, s.
  303  775.087, s. 775.0875, s. 794.023, or any other law that provides
  304  an enhanced penalty for a felony offense, to any offense listed
  305  in the offense severity ranking chart in this section shall not
  306  cause the offense to become unlisted and is not subject to the
  307  provisions of s. 921.0023.
  308         Section 5. For the purpose of incorporating the amendment
  309  made by this act to section 775.087, Florida Statutes, in a
  310  reference thereto, paragraph (b) of subsection (1) of section
  311  921.0024, Florida Statutes, is reenacted to read:
  312         921.0024 Criminal Punishment Code; worksheet computations;
  313  scoresheets.—
  314         (1)
  315         (b) WORKSHEET KEY:
  316  
  317  Legal status points are assessed when any form of legal status
  318  existed at the time the offender committed an offense before the
  319  court for sentencing. Four (4) sentence points are assessed for
  320  an offender’s legal status.
  321  
  322  Community sanction violation points are assessed when a
  323  community sanction violation is before the court for sentencing.
  324  Six (6) sentence points are assessed for each community sanction
  325  violation and each successive community sanction violation,
  326  unless any of the following apply:
  327         1. If the community sanction violation includes a new
  328  felony conviction before the sentencing court, twelve (12)
  329  community sanction violation points are assessed for the
  330  violation, and for each successive community sanction violation
  331  involving a new felony conviction.
  332         2. If the community sanction violation is committed by a
  333  violent felony offender of special concern as defined in s.
  334  948.06:
  335         a. Twelve (12) community sanction violation points are
  336  assessed for the violation and for each successive violation of
  337  felony probation or community control where:
  338         I. The violation does not include a new felony conviction;
  339  and
  340         II. The community sanction violation is not based solely on
  341  the probationer or offender’s failure to pay costs or fines or
  342  make restitution payments.
  343         b. Twenty-four (24) community sanction violation points are
  344  assessed for the violation and for each successive violation of
  345  felony probation or community control where the violation
  346  includes a new felony conviction.
  347  
  348  Multiple counts of community sanction violations before the
  349  sentencing court shall not be a basis for multiplying the
  350  assessment of community sanction violation points.
  351  
  352  Prior serious felony points: If the offender has a primary
  353  offense or any additional offense ranked in level 8, level 9, or
  354  level 10, and one or more prior serious felonies, a single
  355  assessment of thirty (30) points shall be added. For purposes of
  356  this section, a prior serious felony is an offense in the
  357  offender’s prior record that is ranked in level 8, level 9, or
  358  level 10 under s. 921.0022 or s. 921.0023 and for which the
  359  offender is serving a sentence of confinement, supervision, or
  360  other sanction or for which the offender’s date of release from
  361  confinement, supervision, or other sanction, whichever is later,
  362  is within 3 years before the date the primary offense or any
  363  additional offense was committed.
  364  
  365  Prior capital felony points: If the offender has one or more
  366  prior capital felonies in the offender’s criminal record, points
  367  shall be added to the subtotal sentence points of the offender
  368  equal to twice the number of points the offender receives for
  369  the primary offense and any additional offense. A prior capital
  370  felony in the offender’s criminal record is a previous capital
  371  felony offense for which the offender has entered a plea of nolo
  372  contendere or guilty or has been found guilty; or a felony in
  373  another jurisdiction which is a capital felony in that
  374  jurisdiction, or would be a capital felony if the offense were
  375  committed in this state.
  376  
  377  Possession of a firearm, semiautomatic firearm, or machine gun:
  378  If the offender is convicted of committing or attempting to
  379  commit any felony other than those enumerated in s. 775.087(2)
  380  while having in his or her possession: a firearm as defined in
  381  s. 790.001(6), an additional eighteen (18) sentence points are
  382  assessed; or if the offender is convicted of committing or
  383  attempting to commit any felony other than those enumerated in
  384  s. 775.087(3) while having in his or her possession a
  385  semiautomatic firearm as defined in s. 775.087(3) or a machine
  386  gun as defined in s. 790.001(9), an additional twenty-five (25)
  387  sentence points are assessed.
  388  
  389  Sentencing multipliers:
  390  
  391  Drug trafficking: If the primary offense is drug trafficking
  392  under s. 893.135, the subtotal sentence points are multiplied,
  393  at the discretion of the court, for a level 7 or level 8
  394  offense, by 1.5. The state attorney may move the sentencing
  395  court to reduce or suspend the sentence of a person convicted of
  396  a level 7 or level 8 offense, if the offender provides
  397  substantial assistance as described in s. 893.135(4).
  398  
  399  Law enforcement protection: If the primary offense is a
  400  violation of the Law Enforcement Protection Act under s.
  401  775.0823(2), (3), or (4), the subtotal sentence points are
  402  multiplied by 2.5. If the primary offense is a violation of s.
  403  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  404  are multiplied by 2.0. If the primary offense is a violation of
  405  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  406  Protection Act under s. 775.0823(10) or (11), the subtotal
  407  sentence points are multiplied by 1.5.
  408  
  409  Grand theft of a motor vehicle: If the primary offense is grand
  410  theft of the third degree involving a motor vehicle and in the
  411  offender’s prior record, there are three or more grand thefts of
  412  the third degree involving a motor vehicle, the subtotal
  413  sentence points are multiplied by 1.5.
  414  
  415  Offense related to a criminal gang: If the offender is convicted
  416  of the primary offense and committed that offense for the
  417  purpose of benefiting, promoting, or furthering the interests of
  418  a criminal gang as defined in s. 874.03, the subtotal sentence
  419  points are multiplied by 1.5. If applying the multiplier results
  420  in the lowest permissible sentence exceeding the statutory
  421  maximum sentence for the primary offense under chapter 775, the
  422  court may not apply the multiplier and must sentence the
  423  defendant to the statutory maximum sentence.
  424  
  425  Domestic violence in the presence of a child: If the offender is
  426  convicted of the primary offense and the primary offense is a
  427  crime of domestic violence, as defined in s. 741.28, which was
  428  committed in the presence of a child under 16 years of age who
  429  is a family or household member as defined in s. 741.28(3) with
  430  the victim or perpetrator, the subtotal sentence points are
  431  multiplied by 1.5.
  432  
  433  Adult-on-minor sex offense: If the offender was 18 years of age
  434  or older and the victim was younger than 18 years of age at the
  435  time the offender committed the primary offense, and if the
  436  primary offense was an offense committed on or after October 1,
  437  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  438  violation involved a victim who was a minor and, in the course
  439  of committing that violation, the defendant committed a sexual
  440  battery under chapter 794 or a lewd act under s. 800.04 or s.
  441  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  442  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  443  800.04; or s. 847.0135(5), the subtotal sentence points are
  444  multiplied by 2.0. If applying the multiplier results in the
  445  lowest permissible sentence exceeding the statutory maximum
  446  sentence for the primary offense under chapter 775, the court
  447  may not apply the multiplier and must sentence the defendant to
  448  the statutory maximum sentence.
  449         Section 6. For the purpose of incorporating the amendment
  450  made by this act to section 775.087, Florida Statutes, in a
  451  reference thereto, paragraph (b) of subsection (3) of section
  452  947.146, Florida Statutes, is reenacted to read:
  453         947.146 Control Release Authority.—
  454         (3) Within 120 days prior to the date the state
  455  correctional system is projected pursuant to s. 216.136 to
  456  exceed 99 percent of total capacity, the authority shall
  457  determine eligibility for and establish a control release date
  458  for an appropriate number of parole ineligible inmates committed
  459  to the department and incarcerated within the state who have
  460  been determined by the authority to be eligible for
  461  discretionary early release pursuant to this section. In
  462  establishing control release dates, it is the intent of the
  463  Legislature that the authority prioritize consideration of
  464  eligible inmates closest to their tentative release date. The
  465  authority shall rely upon commitment data on the offender
  466  information system maintained by the department to initially
  467  identify inmates who are to be reviewed for control release
  468  consideration. The authority may use a method of objective risk
  469  assessment in determining if an eligible inmate should be
  470  released. Such assessment shall be a part of the department’s
  471  management information system. However, the authority shall have
  472  sole responsibility for determining control release eligibility,
  473  establishing a control release date, and effectuating the
  474  release of a sufficient number of inmates to maintain the inmate
  475  population between 99 percent and 100 percent of total capacity.
  476  Inmates who are ineligible for control release are inmates who
  477  are parole eligible or inmates who:
  478         (b) Are serving the mandatory minimum portion of a sentence
  479  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  480  
  481  In making control release eligibility determinations under this
  482  subsection, the authority may rely on any document leading to or
  483  generated during the course of the criminal proceedings,
  484  including, but not limited to, any presentence or postsentence
  485  investigation or any information contained in arrest reports
  486  relating to circumstances of the offense.
  487         Section 7. This act shall take effect July 1, 2016.
  488  
  489  ================= T I T L E  A M E N D M E N T ================
  490  And the title is amended as follows:
  491         Delete everything before the enacting clause
  492  and insert:
  493                        A bill to be entitled                      
  494         An act relating to the mandatory minimum sentences;
  495         amending s. 775.087, F.S.; deleting aggravated assault
  496         from the list of convictions which carry a minimum
  497         term of imprisonment if during the commission of the
  498         offense the convicted person possessed a firearm or
  499         destructive device; deleting aggravated assault from a
  500         list of convictions which carry a minimum term of
  501         imprisonment if during the commission of the offense
  502         the convicted person possessed a firearm or
  503         destructive device; deleting aggravated assault from
  504         the list of convictions which carry a minimum term of
  505         imprisonment if during the commission of the offense
  506         the convicted person possessed a semiautomatic firearm
  507         and its high-capacity detachable box magazine or a
  508         machine gun; deleting a provision prohibiting a court
  509         from imposing the mandatory minimum sentence for a
  510         conviction for aggravated assault if the court makes
  511         specified written findings; conforming cross
  512         references; amending s. 985.557, F.S.; conforming a
  513         cross-reference; reenacting ss. 27.366, 921.0022(2),
  514         921.0024(1)(b), and 947.146(3)(b), F.S., relating to
  515         legislative intent and policy in cases meeting the
  516         criteria of s. 775.087(2) and (3), F.S., the Criminal
  517         Punishment Code, the Criminal Punishment Code
  518         worksheet, and the Control Release Authority,
  519         respectively, to incorporate the amendment made to s.
  520         775.087, F.S., in references thereto; providing an
  521         effective date.