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House Bill 1033




    Florida House of Representatives - 1997                HB 1033

        By Representatives Crist, Ball, Futch, Arnall, Bainter,
    Wiles, Valdes and Fuller





  1                      A bill to be entitled

  2         An act relating to sentencing; amending s.

  3         921.001, F.S.; authorizing the court to

  4         sentence a defendant to a specified term of

  5         incarceration if the defendant is convicted of

  6         a felony committed on or after a certain date,

  7         the defendant has previously been convicted of

  8         a felony, and the sentence recommended under

  9         the sentencing guidelines is not a state prison

10         sanction; providing that a determination of

11         guilt is a conviction for purposes of imposing

12         such sentence, regardless of whether

13         adjudication is withheld; providing that the

14         sentence may not be appealed except upon

15         grounds of illegality; providing an effective

16         date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsection (5) of section 921.001, Florida

21  Statutes, is amended to read:

22         921.001  Sentencing Commission and sentencing

23  guidelines generally.--

24         (5)(a)  Except as provided in paragraph (b), sentences

25  imposed by trial court judges under the 1994 revised

26  sentencing guidelines on or after January 1, 1994, must be

27  within the 1994 guidelines unless there is a departure

28  sentence with written findings. If a recommended sentence

29  under the guidelines exceeds the maximum sentence otherwise

30  authorized by s. 775.082, the sentence under the guidelines

31  must be imposed, absent a departure.  If a departure sentence,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997                HB 1033

    537-169-97






  1  with written findings, is imposed, such sentence must be

  2  within any relevant maximum sentence limitations provided in

  3  s. 775.082.  The failure of a trial court to impose a sentence

  4  within the sentencing guidelines is subject to appellate

  5  review pursuant to chapter 924. However, the extent of a

  6  departure from a guidelines sentence is not subject to

  7  appellate review.

  8         (b)  If a defendant is convicted of a felony committed

  9  on or after July 1, 1997, has prior to that conviction been

10  convicted of a felony, and has a recommended sentence under

11  the guidelines which is not a state prison sanction, the court

12  may sentence the defendant to a term of incarceration not to

13  exceed 22 months. As used in this paragraph, the term

14  "convicted" means a determination of guilt which is the result

15  of a plea or a trial, regardless of whether adjudication is

16  withheld. A sentence imposed under this paragraph is not

17  subject to appeal by the defendant, except as provided in s.

18  924.06(1)(d).

19         Section 2.  This act shall take effect July 1, 1997.

20

21            *****************************************

22                          SENATE SUMMARY

23    Provides that with respect to a defendant convicted of a
      felony committed on or after July 1, 1997, if the
24    defendant has previously been convicted of a felony and
      the recommended sentence under the sentencing guidelines
25    is not a state prison sanction, the court may impose a
      sentence of not more than 22 months' incarceration.
26    Provides that for purposes of imposing such sentence, a
      conviction includes any determination of guilt,
27    regardless of whether adjudication is withheld. Provides
      that the sentence may be appealed only upon the ground
28    that it is an illegal sentence.

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