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Senate Bill 0214

Florida Senate - 1998 SB 214 By Senator Jenne 29-2-98 1 A bill to be entitled 2 An act relating to sentencing; amending s. 3 775.0823, F.S.; providing that a person 4 convicted of certain violent offenses against a 5 law enforcement officer, correctional officer, 6 state attorney, assistant state attorney, 7 justice, or judge be sentenced under certain 8 uniform penalties rather than under the 9 Criminal Punishment Code; amending s. 775.084, 10 F.S., relating to sentences imposed against 11 violent career criminals, habitual felony 12 offenders, and habitual violent felony 13 offenders; deleting a reference made obsolete 14 by the act; amending ss. 775.0845, 775.087, 15 775.0875, F.S., relating to wearing a mask 16 while committing an offense, possessing a 17 weapon while committing a felony, and taking a 18 law enforcement officer's firearm; deleting 19 requirements that such offenses be ranked under 20 the sentencing guidelines or the Criminal 21 Punishment Code; amending s. 777.03, F.S., 22 relating to the offense of being an accessory 23 to a crime; providing for uniform penalties for 24 such offense; amending s. 777.04, F.S.; 25 requiring that a person convicted of criminal 26 attempt, criminal solicitation, or criminal 27 conspiracy be sentenced under certain uniform 28 penalties rather than under the Criminal 29 Punishment Code; amending s. 782.051, F.S.; 30 deleting requirements that certain offenses 31 that result in bodily injury be ranked under 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 the Criminal Punishment Code; amending s. 2 784.08, F.S.; deleting a requirement that a 3 person convicted of assault and battery against 4 an elderly person be sentenced under the 5 Criminal Punishment Code; authorizing the court 6 to impose a term of imprisonment and a fine; 7 amending ss. 794.023, 874.04, F.S., relating to 8 sexual battery by multiple perpetrators and to 9 criminal street-gang activity; deleting 10 requirements that such offenses be ranked under 11 the Criminal Punishment Code; amending s. 12 893.13, F.S., relating to the offense of 13 selling, manufacturing, or possessing certain 14 controlled substances; deleting provisions made 15 obsolete by the act; amending s. 893.135, F.S.; 16 deleting a requirement that a person convicted 17 of certain drug-trafficking offenses be 18 sentenced under the Criminal Punishment Code; 19 authorizing the court to impose a term of 20 imprisonment and a fine; amending s. 893.20, 21 F.S.; requiring that a person convicted of 22 engaging in a continuing criminal enterprise be 23 sentenced under certain uniform penalties 24 rather than under the Criminal Punishment Code; 25 amending s. 921.187, F.S., relating to 26 disposition and sentencing; deleting provisions 27 made obsolete by the act; amending s. 921.188, 28 F.S.; revising conditions based on the Criminal 29 Punishment Code under which a felon may be 30 placed into the custody of a local detention 31 facility; amending s. 924.07, F.S., relating to 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 appeals by the state; deleting a reference to 2 the Criminal Punishment Code to conform to 3 changes made by the act; amending s. 944.17, 4 F.S.; deleting a requirement that a prisoner's 5 Criminal Punishment Code scoresheet be 6 submitted to the Department of Corrections; 7 amending ss. 947.141, 947.146, F.S., relating 8 to violations of conditional release or control 9 release and the Control Release Authority; 10 deleting provisions made obsolete by the act; 11 amending s. 948.015, F.S.; revising conditions 12 under which the court may request that the 13 department make a presentence report; amending 14 s. 948.034, F.S., relating to terms and 15 conditions of probation; deleting references to 16 the Criminal Punishment Code to conform to 17 changes made by the act; amending s. 948.51, 18 F.S.; revising requirements for a county or 19 county consortium in developing a public safety 20 plan; amending s. 958.04, F.S.; providing that 21 the sentencing limitations provided under 22 certain uniform penalties, rather than the 23 limitations provided under the Criminal 24 Punishment Code, apply to a youthful offender; 25 amending s. 985.313, F.S.; providing for the 26 criteria under which a juvenile is committed to 27 a maximum-risk residential program to be based 28 on specified offenses rather than on the level 29 at which the offense is ranked under the 30 Criminal Punishment Code; repealing s. 2 of ch. 31 97-194, Laws of Florida, ss. 921.002, 921.0021, 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 921.0022, 921.0023, 921.0024, 921.0026, F.S., 2 and ss. 42, 43 of ch. 97-194, Laws of Florida, 3 relating to the Criminal Punishment Code; 4 amending s. 947.16, F.S.; providing that a 5 person sentenced for an offense committed on or 6 after a specified date is eligible for parole 7 consideration after serving 85 percent of his 8 or her court-imposed sentence; providing that 9 the Legislature intends that the Florida 10 Supreme Court review the sentencing practices 11 of circuit judges; providing that the 12 Legislature intends that the Florida Supreme 13 Court submit a report of the review to the 14 Legislature; providing effective dates. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 775.0823, Florida Statutes, as 19 amended by section 11 of chapter 97-194, Laws of Florida, is 20 amended to read: 21 775.0823 Violent offenses committed against law 22 enforcement officers, correctional officers, state attorneys, 23 assistant state attorneys, justices, or judges.--Any provision 24 of law to the contrary notwithstanding, the Legislature does 25 hereby provide for an increase and certainty of penalty for 26 any person convicted of a violent offense against any law 27 enforcement or correctional officer, as defined in s. 28 943.10(1), (2), (3), (6), (7), (8), or (9); against any state 29 attorney elected pursuant to s. 27.01 or assistant state 30 attorney appointed under s. 27.181; or against any justice or 31 judge of a court described in Art. V of the State 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 Constitution, which offense arises out of or in the scope of 2 the officer's duty as a law enforcement or correctional 3 officer, the state attorney's or assistant state attorney's 4 duty as a prosecutor or investigator, or the justice's or 5 judge's duty as a judicial officer, as follows: 6 (1) For murder in the first degree as described in s. 7 782.04(1), if the death sentence is not imposed, a sentence of 8 imprisonment for life without eligibility for release. 9 (2) For attempted murder in the first degree as 10 described in s. 782.04(1), a sentence pursuant to s. 775.082, 11 s. 775.083, or s. 775.084 the Criminal Punishment Code. 12 (3) For murder in the second degree as described in s. 13 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 14 775.083, or s. 775.084 the Criminal Punishment Code. 15 (4) For attempted murder in the second degree as 16 described in s. 782.04(2) and (3), a sentence pursuant to s. 17 775.082, s. 775.083, or s. 775.084 the Criminal Punishment 18 Code. 19 (5) For murder in the third degree as described in s. 20 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or 21 s. 775.084 the Criminal Punishment Code. 22 (6) For attempted murder in the third degree as 23 described in s. 782.04(4), a sentence pursuant to s. 775.082, 24 s. 775.083, or s. 775.084 the Criminal Punishment Code. 25 (7) For manslaughter as described in s. 782.07 during 26 the commission of a crime, a sentence pursuant to s. 775.082, 27 s. 775.083, or s. 775.084 the Criminal Punishment Code. 28 (8) For kidnapping as described in s. 787.01, a 29 sentence pursuant to s. 775.082 the Criminal Punishment Code. 30 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (9) For aggravated battery as described in s. 784.045, 2 a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084 3 the Criminal Punishment Code. 4 (10) For aggravated assault as described in s. 5 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s. 6 775.084 the Criminal Punishment Code. 7 8 Notwithstanding the provisions of s. 948.01, with respect to 9 any person who is found to have violated this section, 10 adjudication of guilt or imposition of sentence shall not be 11 suspended, deferred, or withheld. 12 Section 2. Subsection (4) of section 775.084, Florida 13 Statutes, as amended by section 12 of chapter 97-194, Laws of 14 Florida, is amended to read: 15 775.084 Violent career criminals; habitual felony 16 offenders and habitual violent felony offenders; definitions; 17 procedure; enhanced penalties.-- 18 (4)(a) The court, in conformity with the procedure 19 established in paragraph (3)(a), may sentence the habitual 20 felony offender as follows: 21 1. In the case of a life felony or a felony of the 22 first degree, for life. 23 2. In the case of a felony of the second degree, for a 24 term of years not exceeding 30. 25 3. In the case of a felony of the third degree, for a 26 term of years not exceeding 10. 27 (b) The court, in conformity with the procedure 28 established in paragraph (3)(a), may sentence the habitual 29 violent felony offender as follows: 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 1. In the case of a life felony or a felony of the 2 first degree, for life, and such offender shall not be 3 eligible for release for 15 years. 4 2. In the case of a felony of the second degree, for a 5 term of years not exceeding 30, and such offender shall not be 6 eligible for release for 10 years. 7 3. In the case of a felony of the third degree, for a 8 term of years not exceeding 10, and such offender shall not be 9 eligible for release for 5 years. 10 (c) The court, in conformity with the procedure 11 established in paragraph (3)(b), shall sentence the violent 12 career criminal as follows: 13 1. In the case of a life felony or a felony of the 14 first degree, for life. 15 2. In the case of a felony of the second degree, for a 16 term of years not exceeding 40, with a mandatory minimum term 17 of 30 years' imprisonment. 18 3. In the case of a felony of the third degree, for a 19 term of years not exceeding 15, with a mandatory minimum term 20 of 10 years' imprisonment. 21 (d) If the court finds, pursuant to paragraph (3)(a) 22 or paragraph (3)(b), that it is not necessary for the 23 protection of the public to sentence a defendant who meets the 24 criteria for sentencing as a habitual felony offender, a 25 habitual violent felony offender, or a violent career 26 criminal, with respect to an offense committed on or after 27 October 1, 1995, sentence shall be imposed without regard to 28 this section. 29 (e) At any time when it appears to the court that the 30 defendant is eligible for sentencing under this section, the 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 court shall make that determination as provided in paragraph 2 (3)(a) or paragraph (3)(b). 3 (f) A sentence imposed under this section shall not be 4 increased after such imposition. 5 (g) A sentence imposed under this section is not 6 subject to s. 921.002. 7 (g)(h) The provisions of this section do not apply to 8 capital felonies, and a sentence authorized under this section 9 does not preclude the imposition of the death penalty for a 10 capital felony. 11 (h)(i) The provisions of s. 947.1405 shall apply to 12 persons sentenced as habitual felony offenders and persons 13 sentenced as habitual violent felony offenders. 14 (i)(j) 1. A defendant sentenced under this section as 15 a habitual felony offender, a habitual violent felony 16 offender, or a violent career criminal is eligible for 17 gain-time granted by the Department of Corrections as provided 18 in s. 944.275(4)(b). 19 2. For an offense committed on or after October 1, 20 1995, a defendant sentenced under this section as a violent 21 career criminal is not eligible for any form of discretionary 22 early release, other than pardon or executive clemency, or 23 conditional medical release granted pursuant to s. 947.149. 24 Section 3. Section 775.0845, Florida Statutes, is 25 amended to read: 26 775.0845 Wearing mask while committing offense; 27 reclassification.--The felony or misdemeanor degree of any 28 criminal offense, other than a violation of ss. 876.12-876.15, 29 shall be reclassified to the next higher degree as provided in 30 this section if, while committing the offense, the offender 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 was wearing a hood, mask, or other device that concealed his 2 or her identity. 3 (1)(a) In the case of a misdemeanor of the second 4 degree, the offense is reclassified to a misdemeanor of the 5 first degree. 6 (b) In the case of a misdemeanor of the first degree, 7 the offense is reclassified to a felony of the third degree. 8 For purposes of sentencing under chapter 921 and determining 9 incentive gain-time eligibility under chapter 944, such 10 offense is ranked in level 2 of the offense severity ranking 11 chart. 12 (2)(a) In the case of a felony of the third degree, 13 the offense is reclassified to a felony of the second degree. 14 (b) In the case of a felony of the second degree, the 15 offense is reclassified to a felony of the first degree. 16 17 For purposes of sentencing under chapter 921 and determining 18 incentive gain-time eligibility under chapter 944, a felony 19 offense that is reclassified under this subsection is ranked 20 one level above the ranking under s. 921.0012, s. 921.0013, s. 21 921.0022, or s. 921.0023 of the offense committed. 22 Section 4. Subsection (1) of section 775.087, Florida 23 Statutes, as amended by section 14 of chapter 97-194, Laws of 24 Florida, is amended to read: 25 775.087 Possession or use of weapon; aggravated 26 battery; felony reclassification; minimum sentence.-- 27 (1) Unless otherwise provided by law, whenever a 28 person is charged with a felony, except a felony in which the 29 use of a weapon or firearm is an essential element, and during 30 the commission of such felony the defendant carries, displays, 31 uses, threatens, or attempts to use any weapon or firearm, or 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 during the commission of such felony the defendant commits an 2 aggravated battery, the felony for which the person is charged 3 shall be reclassified as follows: 4 (a) In the case of a felony of the first degree, to a 5 life felony. 6 (b) In the case of a felony of the second degree, to a 7 felony of the first degree. 8 (c) In the case of a felony of the third degree, to a 9 felony of the second degree. 10 11 For purposes of sentencing under chapter 921 and determining 12 incentive gain-time eligibility under chapter 944, a felony 13 offense which is reclassified under this section is ranked one 14 level above the ranking under s. 921.0022 or s. 921.0023 of 15 the felony offense committed. 16 Section 5. Section 775.0875, Florida Statutes, as 17 amended by section 15 of chapter 97-194, Laws of Florida, is 18 amended to read: 19 775.0875 Unlawful taking, possession, or use of law 20 enforcement officer's firearm; crime reclassification; 21 penalties.-- 22 (1) A person who, without authorization, takes a 23 firearm from a law enforcement officer lawfully engaged in law 24 enforcement duties commits a felony of the third degree, 25 punishable as provided in s. 775.082, s. 775.083, or s. 26 775.084. 27 (2) If a person violates subsection (1) and commits 28 any other crime involving the firearm taken from the law 29 enforcement officer, such crime shall be reclassified as 30 follows: 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (a)1. In the case of a felony of the first degree, to 2 a life felony. 3 2. In the case of a felony of the second degree, to a 4 felony of the first degree. 5 3. In the case of a felony of the third degree, to a 6 felony of the second degree. 7 8 For purposes of sentencing under chapter 921 and determining 9 incentive gain-time eligibility under chapter 944, a felony 10 offense that is reclassified under this paragraph is ranked 11 one level above the ranking under s. 921.0022 or s. 921.0023 12 of the felony offense committed. 13 (b) In the case of a misdemeanor, to a felony of the 14 third degree. For purposes of sentencing under chapter 921 and 15 determining incentive gain-time eligibility under chapter 944, 16 such offense is ranked in level 2 of the offense severity 17 ranking chart. 18 (3) A person who possesses a firearm that he or she 19 knows was unlawfully taken from a law enforcement officer 20 commits a misdemeanor of the first degree, punishable as 21 provided in s. 775.082 or s. 775.083. 22 Section 6. Section 777.03, Florida Statutes, as 23 amended by section 16 of chapter 97-194, Laws of Florida, is 24 amended to read: 25 777.03 Accessory after the fact.-- 26 (1) Any person not standing in the relation of husband 27 or wife, parent or grandparent, child or grandchild, brother 28 or sister, by consanguinity or affinity to the offender, who 29 maintains or assists the principal or accessory before the 30 fact, or gives the offender any other aid, knowing that the 31 offender had committed a felony or been accessory thereto 11 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 before the fact, with intent that the offender avoids or 2 escapes detection, arrest, trial, or punishment, is an 3 accessory after the fact and commits a felony of the third 4 degree, punishable as provided in s. 775.082, s. 775.083, or 5 s. 775.084. 6 (2)(a) If the felony offense committed is a capital 7 felony, the offense of accessory after the fact is a felony of 8 the first degree, punishable as provided in s. 775.082, s. 9 775.083, or s. 775.084. 10 (b) If the felony offense committed is a life felony 11 or a felony of the first degree, the offense of accessory 12 after the fact is a felony of the second degree, punishable as 13 provided in s. 775.082, s. 775.083, or s. 775.084. 14 (c) If the felony offense committed is a felony of the 15 second degree or a felony of the third degree ranked in level 16 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, 17 the offense of accessory after the fact is a felony of the 18 third degree, punishable as provided in s. 775.082, s. 19 775.083, or s. 775.084. 20 (d) If the felony offense committed is a felony of the 21 third degree ranked in level 1 or level 2 under s. 921.0022 or 22 s. 921.0023, the offense of accessory after the fact is a 23 misdemeanor of the first degree, punishable as provided in s. 24 775.082, s. 775.083, or s. 775.084. 25 (3) Except as otherwise provided in s. 921.0022, for 26 purposes of sentencing under chapter 921 and determining 27 incentive gain-time eligibility under chapter 944, the offense 28 of accessory after the fact is ranked two levels below the 29 ranking under s. 921.0022 or s. 921.0023 of the felony offense 30 committed. 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 Section 7. Section 777.04, Florida Statutes, as 2 amended by section 17 of chapter 97-194, Laws of Florida, is 3 amended to read: 4 777.04 Attempts, solicitation, and conspiracy.-- 5 (1) A person who attempts to commit an offense 6 prohibited by law and in such attempt does any act toward the 7 commission of such offense, but fails in the perpetration or 8 is intercepted or prevented in the execution thereof, commits 9 the offense of criminal attempt and shall, when no express 10 provision is made by law for the punishment of such attempt, 11 be punished, ranked for purposes of sentencing as provided in 12 subsection (4). Criminal attempt includes the act of an adult 13 who, with intent to commit an offense prohibited by law, 14 allures, seduces, coaxes, or induces a child under the age of 15 12 to engage in an offense prohibited by law. 16 (2) A person who solicits another to commit an offense 17 prohibited by law and in the course of such solicitation 18 commands, encourages, hires, or requests another person to 19 engage in specific conduct that which would constitute such 20 offense or an attempt to commit such offense commits the 21 offense of criminal solicitation and shall, when no express 22 provision is made by law for the punishment of such 23 solicitation, be punished, ranked for purposes of sentencing 24 as provided in subsection (4). 25 (3) A person who agrees, conspires, combines, or 26 confederates with another person or persons to commit any 27 offense commits the offense of criminal conspiracy and shall, 28 when no express provision is made by law for the punishment of 29 such conspiracy, be punished, ranked for purposes of 30 sentencing as provided in subsection (4). 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (4) A person who commits the offense of criminal 2 attempt, criminal solicitation, or criminal conspiracy shall 3 be punished as follows: 4 (a) If the offense attempted, solicited, or conspired 5 to is a capital felony, the person convicted is guilty of a 6 felony of the first degree, punishable as provided in s. 7 775.082, s. 775.083, or s. 775.084. 8 (b) If the offense attempted, solicited, or conspired 9 to is a life felony or a felony of the first degree, the 10 person convicted is guilty of a felony of the second degree, 11 punishable as provided in s. 775.082, s. 775.083, or s. 12 775.084. 13 (c) If the offense attempted, solicited, or conspired 14 to is a felony of the second degree or a burglary that is a 15 felony of the third degree, the person convicted is guilty of 16 a felony of the third degree, punishable as provided in s. 17 775.082, s. 775.083, or s. 775.084. 18 (d) If the offense attempted, solicited, or conspired 19 to is a felony of the third degree, the person convicted is 20 guilty of a misdemeanor of the first degree, punishable as 21 provided in s. 775.082 or s. 775.083. 22 (e) If the offense attempted, solicited, or conspired 23 to is a misdemeanor of the first or second degree, the person 24 convicted is guilty of a misdemeanor of the second degree, 25 punishable as provided in s. 775.082 or s. 775.083. 26 (4)(a) Except as otherwise provided in ss. 828.125(2), 27 849.25(4), 893.135(5), and 921.0022, the offense of criminal 28 attempt, criminal solicitation, or criminal conspiracy is 29 ranked for purposes of sentencing under chapter 921 and 30 determining incentive gain-time eligibility under chapter 944 31 one level below the ranking under s. 921.0022 or s. 921.0023 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 of the offense attempted, solicited, or conspired to. If the 2 criminal attempt, criminal solicitation, or criminal 3 conspiracy is of an offense ranked in level 1 or level 2 under 4 s. 921.0022 or s. 921.0023, such offense is a misdemeanor of 5 the first degree, punishable as provided in s. 775.082 or s. 6 775.083. 7 (b) If the offense attempted, solicited, or conspired 8 to is a capital felony, the offense of criminal attempt, 9 criminal solicitation, or criminal conspiracy is a felony of 10 the first degree, punishable as provided in s. 775.082, s. 11 775.083, or s. 775.084. 12 (c) Except as otherwise provided in s. 893.135(5), if 13 the offense attempted, solicited, or conspired to is a life 14 felony or a felony of the first degree, the offense of 15 criminal attempt, criminal solicitation, or criminal 16 conspiracy is a felony of the second degree, punishable as 17 provided in s. 775.082, s. 775.083, or s. 775.084. 18 (d) Except as otherwise provided in s. 828.125(2) or 19 s. 849.25(4), if the offense attempted, solicited, or 20 conspired to is a: 21 1. Felony of the second degree; 22 2. Burglary that is a felony of the third degree; or 23 3. Felony of the third degree ranked in level 3, 4, 5, 24 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, 25 26 the offense of criminal attempt, criminal solicitation, or 27 criminal conspiracy is a felony of the third degree, 28 punishable as provided in s. 775.082, s. 775.083, or s. 29 775.084. 30 (e) Except as otherwise provided in s. 849.25(4) or 31 paragraph (d), if the offense attempted, solicited, or 15 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 conspired to is a felony of the third degree, the offense of 2 criminal attempt, criminal solicitation, or criminal 3 conspiracy is a misdemeanor of the first degree, punishable as 4 provided in s. 775.082 or s. 775.083. 5 (f) If the offense attempted, solicited, or conspired 6 to is a misdemeanor of the first or second degree, the offense 7 of criminal attempt, criminal solicitation, or criminal 8 conspiracy is a misdemeanor of the second degree, punishable 9 as provided in s. 775.082 or s. 775.083. 10 (5) It is a defense to a charge of criminal attempt, 11 criminal solicitation, or criminal conspiracy that, under 12 circumstances manifesting a complete and voluntary 13 renunciation of his or her criminal purpose, the defendant: 14 (a) Abandoned his or her attempt to commit the offense 15 or otherwise prevented its commission; 16 (b) After soliciting another person to commit an 17 offense, persuaded such other person not to do so or otherwise 18 prevented commission of the offense; or 19 (c) After conspiring with one or more persons to 20 commit an offense, persuaded such persons not to do so or 21 otherwise prevented commission of the offense. 22 Section 8. Section 782.051, Florida Statutes, as 23 amended by section 18 of chapter 97-194, Laws of Florida, is 24 amended to read: 25 782.051 Felony causing bodily injury.-- 26 (1) Any person who perpetrates or attempts to 27 perpetrate any felony enumerated in s. 782.04(3) and who 28 commits, aids, or abets an act that causes bodily injury to 29 another commits a felony of the first degree, punishable by 30 imprisonment for a term of years not exceeding life, or as 31 provided in s. 775.082, s. 775.083, or s. 775.084, which is an 16 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 offense ranked in level 9 of the Criminal Punishment Code. 2 Victim injury points shall be scored under this subsection. 3 (2) Any person who perpetrates or attempts to 4 perpetrate any felony other than a felony enumerated in s. 5 782.04(3) and who commits, aids, or abets an act that causes 6 bodily injury to another commits a felony of the first degree, 7 punishable as provided in s. 775.082, s. 775.083, or s. 8 775.084, which is an offense ranked in level 8 of the Criminal 9 Punishment Code. Victim injury points shall be scored under 10 this subsection. 11 (3) When a person is injured during the perpetration 12 of or the attempt to perpetrate any felony enumerated in s. 13 782.04(3) by a person other than the person engaged in the 14 perpetration of or the attempt to perpetrate such felony, the 15 person perpetrating or attempting to perpetrate such felony 16 commits a felony of the second degree, punishable as provided 17 in s. 775.082, s. 775.083, or s. 775.084, which is an offense 18 ranked in level 7 of the Criminal Punishment Code. Victim 19 injury points shall be scored under this subsection. 20 Section 9. Section 784.08, Florida Statutes, as 21 amended by section 19 of chapter 97-194, Laws of Florida, is 22 amended to read: 23 784.08 Assault or battery on persons 65 years of age 24 or older; reclassification of offenses; minimum sentence.-- 25 (1) A person who is convicted of an aggravated assault 26 or aggravated battery upon a person 65 years of age or older 27 may shall be sentenced to a term of imprisonment pursuant to 28 the Criminal Punishment Code and may be fined not more than 29 $10,000 and may shall also be ordered by the sentencing judge 30 to make restitution to the victim of such offense and to 31 perform up to 500 hours of community service work. 17 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 Restitution and community service work shall be in addition to 2 any fine or sentence that which may be imposed and shall not 3 be in lieu thereof. 4 (2) Whenever a person is charged with committing an 5 assault or aggravated assault or a battery or aggravated 6 battery upon a person 65 years of age or older, regardless of 7 whether he or she knows or has reason to know the age of the 8 victim, the offense for which the person is charged shall be 9 reclassified as follows: 10 (a) In the case of aggravated battery, from a felony 11 of the second degree to a felony of the first degree. 12 (b) In the case of aggravated assault, from a felony 13 of the third degree to a felony of the second degree. 14 (c) In the case of battery, from a misdemeanor of the 15 first degree to a felony of the third degree. 16 (d) In the case of assault, from a misdemeanor of the 17 second degree to a misdemeanor of the first degree. 18 (3) Notwithstanding the provisions of s. 948.01, 19 adjudication of guilt or imposition of sentence shall not be 20 suspended, deferred, or withheld. 21 Section 10. Subsection (2) of section 794.023, Florida 22 Statutes, as amended by section 20 of chapter 97-194, Laws of 23 Florida, is amended to read: 24 794.023 Sexual battery by multiple perpetrators; 25 enhanced penalties.-- 26 (2) The penalty for a violation of s. 794.011 shall be 27 increased as provided in this subsection if it is charged and 28 proven by the prosecution that, during the same criminal 29 transaction or episode, more than one person committed an act 30 of sexual battery on the same victim. 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (a) A felony of the second degree shall be punishable 2 as if it were a felony of the first degree. 3 (b) A felony of the first degree shall be punishable 4 as if it were a life felony. 5 6 This subsection does not apply to life felonies or capital 7 felonies. For purposes of sentencing under chapter 921 and 8 determining incentive gain-time eligibility under chapter 944, 9 a felony offense that is reclassified under this subsection is 10 ranked one level above the ranking under s. 921.0022 or s. 11 921.0023 of the offense committed. 12 Section 11. Section 874.04, Florida Statutes, as 13 amended by section 21 of chapter 97-194, Laws of Florida, is 14 amended to read: 15 874.04 Criminal street gang activity; enhanced 16 penalties.--Upon a finding by the court at sentencing that the 17 defendant is a member of a criminal street gang, the penalty 18 for any felony or misdemeanor, or any delinquent act or 19 violation of law which would be a felony or misdemeanor if 20 committed by an adult, may be enhanced if the offender was a 21 member of a criminal street gang at the time of the commission 22 of such offense. Each of the findings required as a basis for 23 such sentence shall be found by a preponderance of the 24 evidence. The enhancement will be as follows: 25 (1)(a) A misdemeanor of the second degree may be 26 punished as if it were a misdemeanor of the first degree. 27 (b) A misdemeanor of the first degree may be punished 28 as if it were a felony of the third degree. For purposes of 29 sentencing under chapter 921 and determining incentive 30 gain-time eligibility under chapter 944, such offense is 31 ranked in level 1 of the offense severity ranking chart. The 19 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 criminal street gang multiplier in s. 921.0024 does not apply 2 to misdemeanors enhanced under this paragraph. 3 (2)(a) A felony of the third degree may be punished as 4 if it were a felony of the second degree. 5 (b) A felony of the second degree may be punished as 6 if it were a felony of the first degree. 7 (c) A felony of the first degree may be punished as if 8 it were a life felony. 9 10 For purposes of sentencing under chapter 921 and determining 11 incentive gain-time eligibility under chapter 944, such felony 12 offense is ranked as provided in s. 921.0022 or s. 921.0023, 13 and without regard to the penalty enhancement in this 14 subsection. For purposes of this section, penalty enhancement 15 affects the applicable statutory maximum penalty only. 16 Section 12. Subsections (9) and (10) of section 17 893.13, Florida Statutes, as amended by section 22 of chapter 18 97-194, Laws of Florida, are amended to read: 19 893.13 Prohibited acts; penalties.-- 20 (9) Notwithstanding any provision of the sentencing 21 guidelines or the Criminal Punishment Code to the contrary, On 22 or after October 1, 1993, any defendant who: 23 (a) Violates subparagraph (1)(a)1., subparagraph 24 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or 25 paragraph (5)(a); and 26 (b) Has not previously been convicted, regardless of 27 whether adjudication was withheld, of any felony, other than a 28 violation of subparagraph (1)(a)1., subparagraph (1)(c)2., 29 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph 30 (5)(a), 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 may be required by the court to successfully complete a term 2 of probation pursuant to the terms and conditions set forth in 3 s. 948.034(1), in lieu of serving a term of imprisonment. 4 (10) Notwithstanding any provision of the sentencing 5 guidelines or the Criminal Punishment Code to the contrary, On 6 or after January 1, 1994, any defendant who: 7 (a) Violates subparagraph (1)(a)2., subparagraph 8 (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and 9 (b) Has not previously been convicted, regardless of 10 whether adjudication was withheld, of any felony, other than a 11 violation of subparagraph (1)(a)2., subparagraph (2)(a)2., 12 paragraph (5)(b), or paragraph (6)(a), 13 14 may be required by the court to successfully complete a term 15 of probation pursuant to the terms and conditions set forth in 16 s. 948.034(2), in lieu of serving a term of imprisonment. 17 Section 13. Subsection (1) of section 893.135, Florida 18 Statutes, as amended by section 23 of chapter 97-194, Laws of 19 Florida, is amended to read: 20 893.135 Trafficking; mandatory sentences; suspension 21 or reduction of sentences; conspiracy to engage in 22 trafficking.-- 23 (1) Except as authorized in this chapter or in chapter 24 499 and notwithstanding the provisions of s. 893.13: 25 (a) Any person who knowingly sells, purchases, 26 manufactures, delivers, or brings into this state, or who is 27 knowingly in actual or constructive possession of, in excess 28 of 50 pounds of cannabis commits a felony of the first degree, 29 which felony shall be known as "trafficking in cannabis." If 30 the quantity of cannabis involved: 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 1. Is in excess of 50 pounds, but less than 2,000 2 pounds, such person may shall be sentenced to a term of 3 imprisonment pursuant to the Criminal Punishment Code and may 4 be ordered to pay a fine of not more than $25,000. 5 2. Is 2,000 pounds or more, but less than 10,000 6 pounds, such person may shall be sentenced to a term of 7 imprisonment pursuant to the Criminal Punishment Code and may 8 be ordered to pay a fine of not more than $50,000. 9 3. Is 10,000 pounds or more, such person may shall be 10 sentenced to a mandatory minimum term of imprisonment of 15 11 calendar years and may be ordered to pay a fine of not more 12 than $200,000. 13 (b)1. Any person who knowingly sells, purchases, 14 manufactures, delivers, or brings into this state, or who is 15 knowingly in actual or constructive possession of, 28 grams or 16 more of cocaine, as described in s. 893.03(2)(a)4., or of any 17 mixture containing cocaine, but less than 150 kilograms of 18 cocaine or any such mixture, commits a felony of the first 19 degree, which felony shall be known as "trafficking in 20 cocaine." If the quantity involved: 21 a. Is 28 grams or more, but less than 200 grams, such 22 person may shall be sentenced to a term of imprisonment 23 pursuant to the Criminal Punishment Code and may be ordered to 24 pay a fine of not more than $50,000. 25 b. Is 200 grams or more, but less than 400 grams, such 26 person may shall be sentenced to a term of imprisonment 27 pursuant to the Criminal Punishment Code and may be ordered to 28 pay a fine of not more than $100,000. 29 c. Is 400 grams or more, but less than 150 kilograms, 30 such person may shall be sentenced to a mandatory minimum term 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 of imprisonment of 15 calendar years and may be ordered to pay 2 a fine of not more than $250,000. 3 2. Any person who knowingly sells, purchases, 4 manufactures, delivers, or brings into this state, or who is 5 knowingly in actual or constructive possession of, 150 6 kilograms or more, but less than 300 kilograms, of cocaine, as 7 described in s. 893.03(2)(a)4., commits the first degree 8 felony of trafficking in cocaine. A person who has been 9 convicted of the first degree felony of trafficking in cocaine 10 under this subparagraph shall be punished by life imprisonment 11 and is ineligible for any form of discretionary early release 12 except pardon or executive clemency or conditional medical 13 release under s. 947.149. However, if the court determines 14 that, in addition to committing any act specified in this 15 paragraph: 16 a. The person intentionally killed an individual or 17 counseled, commanded, induced, procured, or caused the 18 intentional killing of an individual and such killing was the 19 result; or 20 b. The person's conduct in committing that act led to 21 a natural, though not inevitable, lethal result, 22 23 such person commits the capital felony of trafficking in 24 cocaine, punishable as provided in ss. 775.082 and 921.142. 25 Any person sentenced for a capital felony under this paragraph 26 may shall also be sentenced to pay the maximum fine provided 27 under subparagraph 1. 28 3. Any person who knowingly brings into this state 300 29 kilograms or more of cocaine, as described in s. 30 893.03(2)(a)4., and who knows that the probable result of such 31 importation would be the death of any person, commits capital 23 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 importation of cocaine, a capital felony punishable as 2 provided in ss. 775.082 and 921.142. Any person sentenced for 3 a capital felony under this paragraph may shall also be 4 sentenced to pay the maximum fine provided under subparagraph 5 1. 6 (c)1. Any person who knowingly sells, purchases, 7 manufactures, delivers, or brings into this state, or who is 8 knowingly in actual or constructive possession of, 4 grams or 9 more of any morphine, opium, oxycodone, hydrocodone, 10 hydromorphone, or any salt, derivative, isomer, or salt of an 11 isomer thereof, including heroin, as described in s. 12 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture 13 containing any such substance, but less than 30 kilograms of 14 such substance or mixture, commits a felony of the first 15 degree, which felony shall be known as "trafficking in illegal 16 drugs." If the quantity involved: 17 a. Is 4 grams or more, but less than 14 grams, such 18 person may shall be sentenced to a term of imprisonment 19 pursuant to the Criminal Punishment Code and may be ordered to 20 pay a fine of not more than $50,000. 21 b. Is 14 grams or more, but less than 28 grams, such 22 person may shall be sentenced to a term of imprisonment 23 pursuant to the Criminal Punishment Code and may be ordered to 24 pay a fine of not more than $100,000. 25 c. Is 28 grams or more, but less than 30 kilograms, 26 such person may shall be sentenced to a mandatory minimum term 27 of imprisonment of 25 calendar years and may be ordered to pay 28 a fine of not more than $500,000. 29 2. Any person who knowingly sells, purchases, 30 manufactures, delivers, or brings into this state, or who is 31 knowingly in actual or constructive possession of, 30 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 kilograms or more, but less than 60 kilograms, of any 2 morphine, opium, oxycodone, hydrocodone, hydromorphone, or any 3 salt, derivative, isomer, or salt of an isomer thereof, 4 including heroin, as described in s. 893.03(1)(b) or (2)(a), 5 or 30 kilograms or more, but less than 60 kilograms, of any 6 mixture containing any such substance, commits the 7 first-degree first degree felony of trafficking in illegal 8 drugs. A person who has been convicted of the first-degree 9 first degree felony of trafficking in illegal drugs under this 10 subparagraph shall be punished by life imprisonment and is 11 ineligible for any form of discretionary early release except 12 pardon or executive clemency or conditional medical release 13 under s. 947.149. However, if the court determines that, in 14 addition to committing any act specified in this paragraph: 15 a. The person intentionally killed an individual or 16 counseled, commanded, induced, procured, or caused the 17 intentional killing of an individual and such killing was the 18 result; or 19 b. The person's conduct in committing that act led to 20 a natural, though not inevitable, lethal result, 21 22 such person commits the capital felony of trafficking in 23 illegal drugs, punishable as provided in ss. 775.082 and 24 921.142. Any person sentenced for a capital felony under this 25 paragraph may shall also be sentenced to pay the maximum fine 26 provided under subparagraph 1. 27 3. Any person who knowingly brings into this state 60 28 kilograms or more of any morphine, opium, oxycodone, 29 hydrocodone, hydromorphone, or any salt, derivative, isomer, 30 or salt of an isomer thereof, including heroin, as described 31 in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any 25 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 mixture containing any such substance, and who knows that the 2 probable result of such importation would be the death of any 3 person, commits capital importation of illegal drugs, a 4 capital felony punishable as provided in ss. 775.082 and 5 921.142. Any person sentenced for a capital felony under this 6 paragraph may shall also be sentenced to pay the maximum fine 7 provided under subparagraph 1. 8 (d)1. Any person who knowingly sells, purchases, 9 manufactures, delivers, or brings into this state, or who is 10 knowingly in actual or constructive possession of, 28 grams or 11 more of phencyclidine or of any mixture containing 12 phencyclidine, as described in s. 893.03(2)(b), commits a 13 felony of the first degree, which felony shall be known as 14 "trafficking in phencyclidine." If the quantity involved: 15 a. Is 28 grams or more, but less than 200 grams, such 16 person may shall be sentenced to a term of imprisonment 17 pursuant to the Criminal Punishment Code and may be ordered to 18 pay a fine of not more than $50,000. 19 b. Is 200 grams or more, but less than 400 grams, such 20 person may shall be sentenced to a term of imprisonment 21 pursuant to the Criminal Punishment Code and may be ordered to 22 pay a fine of not more than $100,000. 23 c. Is 400 grams or more, but less than 800 grams, such 24 person may shall be sentenced to a mandatory minimum term of 25 imprisonment of 15 calendar years and may be ordered to pay a 26 fine of not more than $250,000. 27 2. Any person who knowingly brings into this state 800 28 grams or more of phencyclidine or of any mixture containing 29 phencyclidine, as described in s. 893.03(2)(b), and who knows 30 that the probable result of such importation would be the 31 death of any person commits capital importation of 26 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 phencyclidine, a capital felony punishable as provided in ss. 2 775.082 and 921.142. Any person sentenced for a capital felony 3 under this paragraph may shall also be sentenced to pay the 4 maximum fine provided under subparagraph 1. 5 (e)1. Any person who knowingly sells, purchases, 6 manufactures, delivers, or brings into this state, or who is 7 knowingly in actual or constructive possession of, 200 grams 8 or more of methaqualone or of any mixture containing 9 methaqualone, as described in s. 893.03(1)(d), commits a 10 felony of the first degree, which felony shall be known as 11 "trafficking in methaqualone." If the quantity involved: 12 a. Is 200 grams or more, but less than 5 kilograms, 13 such person may shall be sentenced to a term of imprisonment 14 pursuant to the Criminal Punishment Code and may be ordered to 15 pay a fine of not more than $50,000. 16 b. Is 5 kilograms or more, but less than 25 kilograms, 17 such person may shall be sentenced to a term of imprisonment 18 pursuant to the Criminal Punishment Code and may be ordered to 19 pay a fine of not more than $100,000. 20 c. Is 25 kilograms or more, but less than 50 21 kilograms, such person may shall be sentenced to a mandatory 22 minimum term of imprisonment of 15 calendar years and may be 23 ordered to pay a fine of not more than $250,000. 24 2. Any person who knowingly brings into this state 50 25 kilograms or more of methaqualone or of any mixture containing 26 methaqualone, as described in s. 893.03(1)(d), and who knows 27 that the probable result of such importation would be the 28 death of any person commits capital importation of 29 methaqualone, a capital felony punishable as provided in ss. 30 775.082 and 921.142. Any person sentenced for a capital felony 31 27 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 under this paragraph may shall also be sentenced to pay the 2 maximum fine provided under subparagraph 1. 3 (f)1. Any person who knowingly sells, purchases, 4 manufactures, delivers, or brings into this state, or who is 5 knowingly in actual or constructive possession of, 14 grams or 6 more of amphetamine, as described in s. 893.03(2)(c)2., or 7 methamphetamine, as described in s. 893.03(2)(c)4., or of any 8 mixture containing amphetamine or methamphetamine, or 9 phenylacetone, phenylacetic acid, or ephedrine in conjunction 10 with other chemicals and equipment utilized in the manufacture 11 of amphetamine or methamphetamine, commits a felony of the 12 first degree, which felony shall be known as "trafficking in 13 amphetamine." If the quantity involved: 14 a. Is 14 grams or more, but less than 28 grams, such 15 person may shall be sentenced to a term of imprisonment 16 pursuant to the Criminal Punishment Code and may be ordered to 17 pay a fine of not more than $50,000. 18 b. Is 28 grams or more, but less than 200 grams, such 19 person may shall be sentenced to a term of imprisonment 20 pursuant to the Criminal Punishment Code and may be ordered to 21 pay a fine of not more than $100,000. 22 c. Is 200 grams or more, but less than 400 grams, such 23 person may shall be sentenced to a mandatory minimum term of 24 imprisonment of 15 calendar years and may be ordered to pay a 25 fine of not more than $250,000. 26 2. Any person who knowingly brings into this state 400 27 grams or more of amphetamine, as described in s. 28 893.03(2)(c)2., or methamphetamine, as described in s. 29 893.03(2)(c)4., or of any mixture containing amphetamine or 30 methamphetamine, or phenylacetone, phenylacetic acid, or 31 ephedrine in conjunction with other chemicals and equipment 28 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 utilized in the manufacture of amphetamine or methamphetamine, 2 and who knows that the probable result of such importation 3 would be the death of any person commits capital importation 4 of amphetamine, a capital felony punishable as provided in ss. 5 775.082 and 921.142. Any person sentenced for a capital felony 6 under this paragraph may shall also be sentenced to pay the 7 maximum fine provided under subparagraph 1. 8 (g)1. Any person who knowingly sells, purchases, 9 manufactures, delivers, or brings into this state, or who is 10 knowingly in actual or constructive possession of, 4 grams or 11 more of flunitrazepam or any mixture containing flunitrazepam 12 as described in s. 893.03(1)(a) commits a felony of the first 13 degree, which felony shall be known as "trafficking in 14 flunitrazepam." If the quantity involved: 15 a. Is 4 grams or more, but less than 14 grams, such 16 person may shall be sentenced to a term of imprisonment 17 pursuant to the sentencing guidelines and may be ordered to 18 pay a fine of not more than $50,000. 19 b. Is 14 grams or more, but less than 28 grams, such 20 person may shall be sentenced to a term of imprisonment 21 pursuant to the sentencing guidelines and may be ordered to 22 pay a fine of not more than $100,000. 23 c. Is 28 grams or more, but less than 30 kilograms, 24 such person may shall be sentenced to a mandatory minimum term 25 of imprisonment of 25 calendar years and may be ordered to pay 26 a fine of not more than $500,000. 27 2. Any person who knowingly sells, purchases, 28 manufactures, delivers, or brings into this state, or who is 29 knowingly in actual or constructive possession of, 30 30 kilograms or more of flunitrazepam, or any mixture containing 31 flunitrazepam as described in s. 893.03(1)(a), commits the 29 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 first-degree first degree felony of trafficking in 2 flunitrazepam. A person who has been convicted of the 3 first-degree first degree felony of trafficking in 4 flunitrazepam under this subparagraph shall be punished by 5 life imprisonment and is ineligible for any form of 6 discretionary early release except pardon or executive 7 clemency or conditional medical release under s. 947.149. 8 However, if the court determines that, in addition to 9 committing any act specified in this paragraph: 10 a. The person intentionally killed an individual or 11 counseled, commanded, induced, procured, or caused the 12 intentional killing of an individual and such killing was the 13 result; or 14 b. The person's conduct in committing that act led to 15 a natural, though not inevitable, lethal result, 16 17 such person commits the capital felony of trafficking in 18 flunitrazepam, punishable as provided in ss. 775.082 and 19 921.142. Any person sentenced for a capital felony under this 20 paragraph may shall also be sentenced to pay the maximum fine 21 provided under subparagraph 1. 22 Section 14. Subsection (2) of section 893.20, Florida 23 Statutes, as amended by section 24 of chapter 97-194, Laws of 24 Florida, is amended to read: 25 893.20 Continuing criminal enterprise.-- 26 (2) A person who commits the offense of engaging in a 27 continuing criminal enterprise is guilty of a life felony, 28 punishable as provided in s. 775.082, s. 775.083, or s. 29 775.084 pursuant to the Criminal Punishment Code and by a fine 30 of $500,000. 31 30 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 Section 15. Paragraph (b) of subsection (1) of section 2 921.187, Florida Statutes, as amended by section 25 of chapter 3 97-194, Laws of Florida, is amended to read: 4 921.187 Disposition and sentencing; alternatives; 5 restitution.-- 6 (1) The alternatives provided in this section for the 7 disposition of criminal cases shall be used in a manner that 8 will best serve the needs of society, punish criminal 9 offenders, and provide the opportunity for rehabilitation. 10 (b)1. Notwithstanding any provision of former s. 11 921.001 or s. 921.002 to the contrary, On or after October 1, 12 1993, the court may require any defendant who violates s. 13 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and 14 meets the criteria described in s. 893.13(9), to successfully 15 complete a term of probation pursuant to the terms and 16 conditions set forth in s. 948.034(1), in lieu of serving a 17 term of imprisonment. 18 2. Notwithstanding any provision of former s. 921.001 19 or s. 921.002 to the contrary, On or after October 1, 1993, 20 the court may require any defendant who violates s. 21 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), and meets the 22 criteria described in s. 893.13(10), to successfully complete 23 a term of probation pursuant to the terms and conditions set 24 forth in s. 948.034(2), in lieu of serving a term of 25 imprisonment. 26 Section 16. Section 921.188, Florida Statutes, as 27 amended by section 26 of chapter 97-194, Laws of Florida, is 28 amended to read: 29 921.188 Placement of certain state inmates in local 30 detention facilities.--Effective June 17, 1993, 31 notwithstanding the provisions of ss. 775.08, former 921.001, 31 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 921.002, 921.187, 944.02, and 951.23, or any other law to the 2 contrary, a person whose presumptive sentence is from 1 year 3 and 1 day to up to 22 months in a state correctional 4 institution may be placed by the court into the custody of a 5 local detention facility as a condition of probation or 6 community control for a felony offense, except for any such 7 offense in which physical force was used, threatened, or 8 attempted or in which violence was an element of the offense 9 contained in sentencing guidelines categories five through 10 nine contained in Rules 3.701 and 3.988, Florida Rules of 11 Criminal Procedure, or similar levels described in s. 12 921.0022, except for such person whose total sentence points 13 are greater than 52 or less than 40. The court may place such 14 person for the duration of the presumptive sentence. The court 15 may only place a person in a local detention facility pursuant 16 to this section if there is a contractual agreement between 17 the chief correctional officer of that county and the 18 Department of Corrections. The contract may include all 19 operational functions, or only housing wherein the department 20 would provide staffing and medical costs. The agreement must 21 provide for a per diem or partial per diem reimbursement for 22 each person placed under this section, which is payable by the 23 Department of Corrections for the duration of the offender's 24 placement in the facility. The full per diem reimbursement may 25 not exceed the per diem published in the Department of 26 Corrections' most recent annual report for total department 27 facilities. This section does not limit the court's ability to 28 place a person in a local detention facility for less than 1 29 year. 30 31 32 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 Section 17. Subsection (1) of section 924.07, Florida 2 Statutes, as amended by section 28 of chapter 97-194, Laws of 3 Florida, is amended to read: 4 924.07 Appeal by state.-- 5 (1) The state may appeal from: 6 (a) An order dismissing an indictment or information 7 or any count thereof or dismissing an affidavit charging the 8 commission of a criminal offense, the violation of probation, 9 the violation of community control, or the violation of any 10 supervised correctional release. 11 (b) An order granting a new trial. 12 (c) An order arresting judgment. 13 (d) A ruling on a question of law when the defendant 14 is convicted and appeals from the judgment. Once the state's 15 cross-appeal is instituted, the appellate court shall review 16 and rule upon the question raised by the state regardless of 17 the disposition of the defendant's appeal. 18 (e) The sentence, on the ground that it is illegal. 19 (f) A judgment discharging a prisoner on habeas 20 corpus. 21 (g) An order adjudicating a defendant insane under the 22 Florida Rules of Criminal Procedure. 23 (h) All other pretrial orders, except that it may not 24 take more than one appeal under this subsection in any case. 25 (i) A sentence imposed below the range permitted by 26 the Criminal Punishment Code under chapter 921. 27 (i)(j) A ruling granting a motion for judgment of 28 acquittal after a jury verdict. 29 (j)(k) An order denying restitution under s. 775.089. 30 (k)(l) An order or ruling suppressing evidence or 31 evidence in limine at trial. 33 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 Section 18. Subsection (5) of section 944.17, Florida 2 Statutes, as amended by section 29 of chapter 97-194, Laws of 3 Florida, is amended to read: 4 944.17 Commitments and classification; transfers.-- 5 (5) The department shall also refuse to accept a 6 person into the state correctional system unless the following 7 documents are presented in a completed form by the sheriff or 8 chief correctional officer, or a designated representative, to 9 the officer in charge of the reception process: 10 (a) The uniform commitment and judgment and sentence 11 forms as described in subsection (4). 12 (b) The sheriff's certificate as described in s. 13 921.161. 14 (c) A certified copy of the indictment or information 15 relating to the offense for which the person was convicted. 16 (d) A copy of the probable cause affidavit for each 17 offense identified in the current indictment or information. 18 (e) A copy of the Criminal Punishment Code scoresheet 19 and any attachments thereto prepared pursuant to Rule 3.701, 20 Florida Rules of Criminal Procedure. 21 (e)(f) A copy of the restitution order or the reasons 22 by the court for not requiring restitution pursuant to s. 23 775.089(1). 24 (f)(g) The name and address of any victim, if 25 available. 26 (g)(h) A printout of a current criminal history record 27 as provided through an FCIC/NCIC printer. 28 (h)(i) Any available health assessments including 29 medical, mental health, and dental, including laboratory or 30 test findings; custody classification; disciplinary and 31 adjustment; and substance abuse assessment and treatment 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 information which may have been developed during the period of 2 incarceration prior to the transfer of the person to the 3 department's custody. Available information shall be 4 transmitted on standard forms developed by the department. 5 6 In addition, the sheriff or other officer having such person 7 in charge shall also deliver with the foregoing documents any 8 available presentence investigation reports as described in s. 9 921.231 and any attached documents. After a prisoner is 10 admitted into the state correctional system, the department 11 may request such additional records relating to the prisoner 12 as it considers necessary from the clerk of the court, the 13 Department of Health and Rehabilitative Services, or any other 14 state or county agency for the purpose of determining the 15 prisoner's proper custody classification, gain-time 16 eligibility, or eligibility for early release programs. An 17 agency that receives such a request from the department must 18 provide the information requested. 19 Section 19. Subsection (5) of section 947.141, Florida 20 Statutes, as amended by section 30 of chapter 97-194, Laws of 21 Florida, is amended to read: 22 947.141 Violations of conditional release, control 23 release, or conditional medical release.-- 24 (5) Effective for inmates whose offenses were 25 committed on or after July 1, 1995, notwithstanding the 26 provisions of ss. 775.08, former 921.001, 921.002, 921.187, 27 921.188, 944.02, and 951.23, or any other law to the contrary, 28 by such order as provided in subsection (4), the panel, upon a 29 finding of guilt, may, as a condition of continued 30 supervision, place the releasee in a local detention facility 31 for a period of incarceration not to exceed 22 months. Prior 35 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 to the expiration of the term of incarceration, or upon 2 recommendation of the chief correctional officer of that 3 county, the commission shall cause inquiry into the inmate's 4 release plan and custody status in the detention facility and 5 consider whether to restore the inmate to supervision, modify 6 the conditions of supervision, or enter an order of 7 revocation, thereby causing the return of the inmate to prison 8 to serve the sentence imposed. The provisions of this section 9 do not prohibit the panel from entering such other order or 10 conducting any investigation that it deems proper. The 11 commission may only place a person in a local detention 12 facility pursuant to this section if there is a contractual 13 agreement between the chief correctional officer of that 14 county and the Department of Corrections. The agreement must 15 provide for a per diem reimbursement for each person placed 16 under this section, which is payable by the Department of 17 Corrections for the duration of the offender's placement in 18 the facility. This section does not limit the commission's 19 ability to place a person in a local detention facility for 20 less than 1 year. 21 Section 20. Subsection (3) of section 947.146, Florida 22 Statutes, as amended by section 31 of chapter 97-194, Laws of 23 Florida, is amended to read: 24 947.146 Control Release Authority.-- 25 (3) Within 120 days prior to the date the state 26 correctional system is projected pursuant to s. 216.136 to 27 exceed 99 percent of total capacity, the authority shall 28 determine eligibility for and establish a control release date 29 for an appropriate number of parole ineligible inmates 30 committed to the department and incarcerated within the state 31 who have been determined by the authority to be eligible for 36 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 discretionary early release pursuant to this section. In 2 establishing control release dates, it is the intent of the 3 Legislature that the authority prioritize consideration of 4 eligible inmates closest to their tentative release date. The 5 authority shall rely upon commitment data on the offender 6 information system maintained by the department to initially 7 identify inmates who are to be reviewed for control release 8 consideration. The authority may use a method of objective 9 risk assessment in determining if an eligible inmate should be 10 released. Such assessment shall be a part of the department's 11 management information system. However, the authority shall 12 have sole responsibility for determining control release 13 eligibility, establishing a control release date, and 14 effectuating the release of a sufficient number of inmates to 15 maintain the inmate population between 99 percent and 100 16 percent of total capacity. Inmates who are ineligible for 17 control release are inmates who are parole eligible or inmates 18 who: 19 (a) Are serving a sentence that includes a mandatory 20 minimum provision for a capital offense or drug trafficking 21 offense and have not served the number of days equal to the 22 mandatory minimum term less any jail-time credit awarded by 23 the court; 24 (b) Are serving the mandatory minimum portion of a 25 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3); 26 (c) Are convicted, or have been previously convicted, 27 of committing or attempting to commit sexual battery, incest, 28 or any of the following lewd or indecent assaults or acts: 29 masturbating in public; exposing the sexual organs in a 30 perverted manner; or nonconsensual handling or fondling of the 31 sexual organs of another person; 37 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (d) Are convicted, or have been previously convicted, 2 of committing or attempting to commit assault, aggravated 3 assault, battery, or aggravated battery, and a sex act was 4 attempted or completed during commission of such offense; 5 (e) Are convicted, or have been previously convicted, 6 of committing or attempting to commit kidnapping, burglary, or 7 murder, and the offense was committed with the intent to 8 commit sexual battery or a sex act was attempted or completed 9 during commission of the offense; 10 (f) Are convicted, or have been previously convicted, 11 of committing or attempting to commit false imprisonment upon 12 a child under the age of 13 and, in the course of committing 13 the offense, the inmate committed aggravated child abuse, 14 sexual battery against the child, or a lewd, lascivious, or 15 indecent assault or act upon or in the presence of the child; 16 (g) Are sentenced, have previously been sentenced, or 17 have been sentenced at any time under s. 775.084, or have been 18 sentenced at any time in another jurisdiction as a habitual 19 offender; 20 (h) Are convicted, or have been previously convicted, 21 of committing or attempting to commit assault, aggravated 22 assault, battery, aggravated battery, kidnapping, 23 manslaughter, or murder against an officer as defined in s. 24 943.10(1), (2), (3), (6), (7), (8), or (9); against a state 25 attorney or assistant state attorney; or against a justice or 26 judge of a court described in Art. V of the State 27 Constitution; or against an officer, judge, or state attorney 28 employed in a comparable position by any other jurisdiction; 29 or 30 (i) Are convicted, or have been previously convicted, 31 of committing or attempting to commit murder in the first, 38 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 second, or third degree under s. 782.04(1), (2), (3), or (4), 2 or have ever been convicted of any degree of murder or 3 attempted murder in another jurisdiction; 4 (j) Are convicted, or have been previously convicted, 5 of DUI manslaughter under s. 316.193(3)(c)3., and are 6 sentenced, or have been sentenced at any time, as a habitual 7 offender for such offense, or have been sentenced at any time 8 in another jurisdiction as a habitual offender for such 9 offense; 10 (k)1. Are serving a sentence for an offense committed 11 on or after January 1, 1994, for a violation of the Law 12 Enforcement Protection Act under s. 775.0823(2), (3), (4), or 13 (5), and the subtotal of the offender's sentence points is 14 multiplied pursuant to former s. 921.0014 or s. 921.0024; 15 2. Are serving a sentence for an offense committed on 16 or after October 1, 1995, for a violation of the Law 17 Enforcement Protection Act under s. 775.0823(2), (3), (4), 18 (5), (6), (7), or (8), and the subtotal of the offender's 19 sentence points is multiplied pursuant to former s. 921.0014 20 or s. 921.0024; 21 (l) Are serving a sentence for an offense committed on 22 or after January 1, 1994, for possession of a firearm, 23 semiautomatic firearm, or machine gun in which additional 24 points are added to the subtotal of the offender's sentence 25 points pursuant to former s. 921.0014 or s. 921.0024; or 26 (m) Are convicted, or have been previously convicted, 27 of committing or attempting to commit manslaughter, 28 kidnapping, robbery, carjacking, home-invasion robbery, or a 29 burglary under s. 810.02(2). 30 31 39 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 In making control release eligibility determinations under 2 this subsection, the authority may rely on any document 3 leading to or generated during the course of the criminal 4 proceedings, including, but not limited to, any presentence or 5 postsentence investigation or any information contained in 6 arrest reports relating to circumstances of the offense. 7 Section 21. Section 948.015, Florida Statutes, as 8 amended by section 33 of chapter 97-194, Laws of Florida, is 9 amended to read: 10 948.015 Presentence investigation reports.--The 11 circuit court, When the defendant in a criminal case has been 12 found guilty or has entered a plea of nolo contendere or 13 guilty, the circuit court and has a recommended sentence under 14 the Criminal Punishment Code of any nonstate prison sanction, 15 may refer the case to the department for investigation or 16 recommendation. Upon such referral, the department shall make 17 the following report in writing at a time specified by the 18 court prior to sentencing. The full report must shall include: 19 (1) A complete description of the situation 20 surrounding the criminal activity with which the offender has 21 been charged, including a synopsis of the trial transcript, if 22 one has been made; nature of the plea agreement, including the 23 number of counts waived, the pleas agreed upon, the sentence 24 agreed upon, and any additional terms of agreement; and, at 25 the offender's discretion, his or her version and explanation 26 of the criminal activity. 27 (2) The offender's sentencing status, including 28 whether the offender is a first offender, a habitual or 29 violent offender, a youthful offender, or is currently on 30 probation. 31 40 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (3) The offender's prior record of arrests and 2 convictions. 3 (4) The offender's educational background. 4 (5) The offender's employment background, including 5 any military record, present employment status, and 6 occupational capabilities. 7 (6) The offender's financial status, including total 8 monthly income and estimated total debts. 9 (7) The social history of the offender, including his 10 or her family relationships, marital status, interests, and 11 activities. 12 (8) The residence history of the offender. 13 (9) The offender's medical history and, as 14 appropriate, a psychological or psychiatric evaluation. 15 (10) Information about the environments to which the 16 offender might return or to which the offender could be sent 17 should a sentence of nonincarceration or community supervision 18 be imposed by the court, and consideration of the offender's 19 plan concerning employment supervision and treatment. 20 (11) Information about any resources available to 21 assist the offender, such as: 22 (a) Treatment centers. 23 (b) Residential facilities. 24 (c) Vocational training programs. 25 (d) Special education programs. 26 (e) Services that may preclude or supplement 27 commitment to the department. 28 (12) The views of the person preparing the report as 29 to the offender's motivations and ambitions and an assessment 30 of the offender's explanations for his or her criminal 31 activity. 41 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (13) An explanation of the offender's criminal record, 2 if any, including his or her version and explanation of any 3 previous offenses. 4 (14) A statement regarding the extent of any victim's 5 loss or injury. 6 (15) A recommendation as to disposition by the court. 7 The department shall make a written determination as to the 8 reasons for its recommendation, and shall include an 9 evaluation of the following factors: 10 (a) The appropriateness or inappropriateness of 11 community facilities, programs, or services for treatment or 12 supervision for the offender. 13 (b) The ability or inability of the department to 14 provide an adequate level of supervision for the offender in 15 the community and a statement of what constitutes an adequate 16 level of supervision. 17 (c) The existence of other treatment modalities which 18 the offender could use but which do not exist at present in 19 the community. 20 Section 22. Subsections (1) and (2) of section 21 948.034, Florida Statutes, as amended by section 34 of chapter 22 97-194, Laws of Florida, are amended to read: 23 948.034 Terms and conditions of probation; community 24 residential drug punishment centers.-- 25 (1) On or after October 1, 1993, any person who 26 violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or 27 (5)(a) may, in the discretion of the trial court, be required 28 to successfully complete a term of probation in lieu of 29 serving a term of imprisonment as required or authorized by s. 30 775.084 or, former s. 921.001, or s. 921.002, as follows: 31 42 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (a) If the person has not previously been convicted of 2 violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or 3 (5)(a), adjudication may be withheld and the offender may be 4 placed on probation for not less than 18 months, as a 5 condition of which the court shall require the offender to 6 reside at a community residential drug punishment center for 7 90 days. The offender must comply with all rules and 8 regulations of the center and must pay a fee for the costs of 9 room and board and residential supervision. Placement of an 10 offender into a community residential drug punishment center 11 is subject to budgetary considerations and availability of bed 12 space. If the court requires the offender to reside at a 13 community residential drug punishment center, the court shall 14 also require the offender to comply with one or more of the 15 other following terms and conditions: 16 1. Pay a fine of not less than $500 nor more than 17 $10,000 pursuant to s. 775.083(1)(c). 18 2. Enter, regularly attend, and successfully complete 19 a substance abuse education program of at least 40 hours or a 20 prescribed substance abuse treatment program provided by a 21 treatment resource licensed pursuant to chapter 396 or chapter 22 397 or by a hospital licensed pursuant to chapter 395, as 23 specified by the court. In addition, the court may refer the 24 offender to a licensed agency for substance abuse evaluation 25 and, if appropriate, substance abuse treatment subject to the 26 ability of the offender to pay for such evaluation and 27 treatment. If such referral is made, the offender must comply 28 and must pay for the reasonable cost of the evaluation and 29 treatment. 30 3. Perform at least 100 hours of public service. 31 43 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 4. Submit to routine and random drug testing which may 2 be conducted during the probationary period, with the 3 reasonable costs thereof borne by the offender. 4 5. Participate, at his or her own expense, in an 5 appropriate self-help group, such as Narcotics Anonymous, 6 Alcoholics Anonymous, or Cocaine Anonymous, if available. 7 (b) If the person has been previously convicted of one 8 felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., 9 (2)(a)1., or (5)(a), adjudication may not be withheld and the 10 offender may be placed on probation for not less than 24 11 months, as a condition of which the court shall require the 12 offender to reside at a community residential drug punishment 13 center for 180 days. The offender must comply with all rules 14 and regulations of the center and must pay a fee for the costs 15 of room and board and residential supervision. Placement of an 16 offender into a community residential drug punishment center 17 is subject to budgetary considerations and availability of bed 18 space. If the court requires the offender to reside at a 19 community residential drug punishment center, the court shall 20 also require the offender to comply with one or more of the 21 other following terms and conditions: 22 1. Pay a fine of not less than $1,000 nor more than 23 $10,000 pursuant to s. 775.083(1)(c). 24 2. Enter, regularly attend, and successfully complete 25 a substance abuse education program of at least 40 hours or a 26 prescribed substance abuse treatment program provided by a 27 treatment resource licensed pursuant to chapter 396 or chapter 28 397 or by a hospital licensed pursuant to chapter 395, as 29 specified by the court. In addition, the court may refer the 30 offender to a licensed agency for substance abuse evaluation 31 and, if appropriate, substance abuse treatment subject to the 44 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 ability of the offender to pay for such evaluation and 2 treatment. If such referral is made, the offender must comply 3 and must pay for the reasonable cost of the evaluation and 4 treatment. 5 3. Perform at least 200 hours of public service. 6 4. Submit to routine and random drug testing which may 7 be conducted during the probationary period, with the 8 reasonable costs thereof borne by the offender. 9 5. Participate, at his or her own expense, in an 10 appropriate self-help group, such as Narcotics Anonymous, 11 Alcoholics Anonymous, or Cocaine Anonymous, if available. 12 (c) If the person has been previously convicted of two 13 felony violations of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., 14 (2)(a)1., or (5)(a), adjudication may not be withheld and the 15 offender may be placed on probation for not less than 36 16 months, as a condition of which the court shall require the 17 offender to reside at a community residential drug punishment 18 center for 360 days. The offender must comply with all rules 19 and regulations of the center and must pay a fee for the costs 20 of room and board and residential supervision. Placement of an 21 offender into a community residential drug punishment center 22 is subject to budgetary considerations and availability of bed 23 space. If the court requires the offender to reside at a 24 community residential drug punishment center, the court shall 25 also require the offender to comply with one or more of the 26 other following terms and conditions: 27 1. Pay a fine of not less than $1,500 nor more than 28 $10,000 pursuant to s. 775.083(1)(c). 29 2. Enter, regularly attend, and successfully complete 30 a substance abuse education program of at least 40 hours or a 31 prescribed substance abuse treatment program provided by a 45 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 treatment resource licensed pursuant to chapter 396 or chapter 2 397 or by a hospital licensed pursuant to chapter 395, as 3 specified by the court. In addition, the court may refer the 4 offender to a licensed agency for substance abuse evaluation 5 and, if appropriate, substance abuse treatment subject to the 6 ability of the offender to pay for such evaluation and 7 treatment. If such referral is made, the offender must comply 8 and must pay for the reasonable cost of the evaluation and 9 treatment. 10 3. Perform at least 300 hours of public service. 11 4. Submit to routine and random drug testing which may 12 be conducted during the probationary period, with the 13 reasonable costs thereof borne by the offender. 14 5. Participate, at his or her own expense, in an 15 appropriate self-help group, such as Narcotics Anonymous, 16 Alcoholics Anonymous, or Cocaine Anonymous, if available. 17 (d) An offender who violates probation imposed 18 pursuant to this section shall be sentenced in accordance with 19 s. 921.002. 20 (2) On or after October 1, 1993, any person who 21 violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, 22 in the discretion of the trial court, be required to 23 successfully complete a term of probation in lieu of serving a 24 term of imprisonment as required or authorized by s. 775.084 25 or, former s. 921.001, or s. 921.002, as follows: 26 (a) If the person has not previously been convicted of 27 violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), 28 adjudication may be withheld and the offender shall be placed 29 on probation for not less than 12 months, as a condition of 30 which the court may require the offender to comply with one or 31 more of the following terms and conditions: 46 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 1. Pay a fine of not less than $250 nor more than 2 $5,000 pursuant to s. 775.083(1)(c). 3 2. Enter, regularly attend, and successfully complete 4 a substance abuse education program of at least 40 hours or a 5 prescribed substance abuse treatment program provided by a 6 treatment resource licensed pursuant to chapter 396 or chapter 7 397 or by a hospital licensed pursuant to chapter 395, as 8 specified by the court. In addition, the court may refer the 9 offender to a licensed agency for substance abuse evaluation 10 and, if appropriate, substance abuse treatment subject to the 11 ability of the offender to pay for such evaluation and 12 treatment. If such referral is made, the offender must comply 13 and must pay for the reasonable cost of the evaluation and 14 treatment. 15 3. Perform at least 50 hours of public service. 16 4. Submit to routine and random drug testing which may 17 be conducted during the probationary period, with the 18 reasonable costs thereof borne by the offender. 19 5. Participate, at his or her own expense, in an 20 appropriate self-help group, such as Narcotics Anonymous, 21 Alcoholics Anonymous, or Cocaine Anonymous, if available. 22 (b) If the person has been previously convicted of one 23 felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or 24 (6)(a), adjudication may not be withheld and the offender may 25 be placed on probation for not less than 18 months, as a 26 condition of which the court shall require the offender to 27 reside at a community residential drug punishment center for 28 90 days. The offender must comply with all rules and 29 regulations of the center and must pay a fee for the costs of 30 room and board and residential supervision. Placement of an 31 offender into a community residential drug punishment center 47 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 is subject to budgetary considerations and availability of bed 2 space. If the court requires the offender to reside at a 3 community residential drug punishment center, the court shall 4 also require the offender to comply with one or more of the 5 other following terms and conditions: 6 1. Pay a fine of not less than $500 nor more than 7 $5,000 pursuant to s. 775.083(1)(c). 8 2. Enter, regularly attend, and successfully complete 9 a substance abuse intervention program of a least 80 hours 10 provided by a treatment resource licensed pursuant to chapter 11 396 or chapter 397 or by a hospital licensed pursuant to 12 chapter 395, as specified by the court. In addition, the court 13 may refer the offender to a licensed agency for substance 14 abuse evaluation and, if appropriate, substance abuse 15 treatment subject to the ability of the offender to pay for 16 such evaluation and treatment. If such referral is made, the 17 offender must comply and must pay for the reasonable cost of 18 the evaluation and treatment. 19 3. Perform at least 100 hours of public service. 20 4. Submit to routine and random drug testing which may 21 be conducted during the probationary period, with the 22 reasonable costs thereof borne by the offender. 23 5. Participate, at his or her own expense, in an 24 appropriate self-help group, such as Narcotics Anonymous, 25 Alcoholics Anonymous, or Cocaine Anonymous, if available. 26 (c) If the person has been previously convicted of two 27 felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or 28 (6)(a), adjudication may not be withheld and the offender may 29 be placed on probation for not less than 24 months, as a 30 condition of which the court shall require the offender to 31 reside at a community residential drug punishment center for 48 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 120 days. The offender must comply with all rules and 2 regulations of the center and must pay a fee for the costs of 3 room and board and residential supervision. Placement of an 4 offender into a community residential drug punishment center 5 is subject to budgetary considerations and availability of bed 6 space. If the court requires the offender to reside at a 7 community residential drug punishment center, the court shall 8 also require the offender to comply with one or more of the 9 other following terms and conditions: 10 1. Pay a fine of not less than $1,000 nor more than 11 $5,000 pursuant to s. 775.083(1)(c). 12 2. Enter, regularly attend, and successfully complete 13 a prescribed substance abuse treatment program provided by a 14 treatment resource licensed pursuant to chapter 396 or chapter 15 397 or by a hospital licensed pursuant to chapter 395, as 16 specified by the court. In addition, the court may refer the 17 offender to a licensed agency for substance abuse evaluation 18 and, if appropriate, substance abuse treatment subject to the 19 ability of the offender to pay for such evaluation and 20 treatment. If such referral is made, the offender must comply 21 and must pay for the reasonable cost of the evaluation and 22 treatment. 23 3. Perform at least 150 hours of public service. 24 4. Submit to routine and random drug testing which may 25 be conducted during the probationary period, with the 26 reasonable costs thereof borne by the offender. 27 5. Participate, at his or her own expense, in an 28 appropriate self-help group, such as Narcotics Anonymous, 29 Alcoholics Anonymous, or Cocaine Anonymous, if available. 30 (d) If the person has been previously convicted of 31 three felony violations of s. 893.13(1)(a)2., (2)(a)2., 49 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 (5)(b), or (6)(a), adjudication may not be withheld and the 2 offender may be placed on probation for not less than 30 3 months, as a condition of which the court shall require the 4 offender to reside at a community residential drug punishment 5 center for 200 days. The offender must comply with all rules 6 and regulations of the center and must pay a fee for the costs 7 of room and board and residential supervision. Placement of an 8 offender into a community residential drug punishment center 9 is subject to budgetary considerations and availability of bed 10 space. If the court requires the offender to reside at a 11 community residential drug punishment center, the court shall 12 also require the offender to comply with one or more of the 13 other following terms and conditions: 14 1. Pay a fine of not less than $1,500 nor more than 15 $5,000 pursuant to s. 775.083(1)(c). 16 2. Enter, regularly attend, and successfully complete 17 a prescribed substance abuse treatment program provided by a 18 treatment resource licensed pursuant to chapter 396 or chapter 19 397 or by a hospital licensed pursuant to chapter 395, as 20 specified by the court. In addition, the court may refer the 21 offender to a licensed agency for substance abuse evaluation 22 and, if appropriate, substance abuse treatment subject to the 23 ability of the offender to pay for such evaluation and 24 treatment. If such referral is made, the offender must comply 25 and must pay for the reasonable cost of the evaluation and 26 treatment. 27 3. Perform at least 200 hours of public service. 28 4. Submit to routine and random drug testing which may 29 be conducted during the probationary period, with the 30 reasonable costs thereof borne by the offender. 31 50 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 5. Participate, at his or her own expense, in an 2 appropriate self-help group, such as Narcotics Anonymous, 3 Alcoholics Anonymous, or Cocaine Anonymous, if available. 4 (e) If the person has been previously convicted of 5 four felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b), 6 or (6)(a), adjudication may not be withheld and the offender 7 may be placed on probation for not less than 36 months, as a 8 condition of which the court shall require the offender to 9 reside at a community residential drug punishment center for 10 360 days. The offender must comply with all rules and 11 regulations of the center and must pay a fee for the costs of 12 room and board and residential supervision. Placement of an 13 offender into a community residential drug punishment center 14 is subject to budgetary considerations and availability of bed 15 space. If the court requires the offender to reside at a 16 community residential drug punishment center, the court shall 17 also require the offender to comply with one or more of the 18 other following terms and conditions: 19 1. Pay a fine of not less than $2,000 nor more than 20 $5,000 pursuant to s. 775.083(1)(c). 21 2. Enter, regularly attend, and successfully complete 22 a prescribed substance abuse treatment program provided by a 23 treatment resource licensed pursuant to chapter 396 or chapter 24 397 or by a hospital licensed pursuant to chapter 395, as 25 specified by the court. In addition, the court may refer the 26 offender to a licensed agency for substance abuse evaluation 27 and, if appropriate, substance abuse treatment subject to the 28 ability of the offender to pay for such evaluation and 29 treatment. If such referral is made, the offender must comply 30 and must pay for the reasonable cost of the evaluation and 31 treatment. 51 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 3. Perform at least 250 hours of public service. 2 4. Submit to routine and random drug testing which may 3 be conducted during the probationary period, with the 4 reasonable costs thereof borne by the offender. 5 5. Participate, at his or her own expense, in an 6 appropriate self-help group, such as Narcotics Anonymous, 7 Alcoholics Anonymous, or Cocaine Anonymous, if available. 8 (f) An offender who violates probation imposed 9 pursuant to this section shall be sentenced in accordance with 10 s. 921.002. 11 Section 23. Paragraph (c) of subsection (2) of section 12 948.51, Florida Statutes, as amended by section 35 of chapter 13 97-194, Laws of Florida, is amended to read: 14 948.51 Community corrections assistance to counties or 15 county consortiums.-- 16 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A 17 county, or a consortium of two or more counties, may contract 18 with the Department of Corrections for community corrections 19 funds as provided in this section. In order to enter into a 20 community corrections partnership contract, a county or county 21 consortium must have a public safety coordinating council 22 established under s. 951.26 and must designate a county 23 officer or agency to be responsible for administering 24 community corrections funds received from the state. The 25 public safety coordinating council shall prepare, develop, and 26 implement a comprehensive public safety plan for the county, 27 or the geographic area represented by the county consortium, 28 and shall submit an annual report to the Department of 29 Corrections concerning the status of the program. In preparing 30 the comprehensive public safety plan, the public safety 31 coordinating council shall cooperate with the district 52 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 juvenile justice board and the county juvenile justice 2 council, established under s. 39.025, in order to include 3 programs and services for juveniles in the plan. To be 4 eligible for community corrections funds under the contract, 5 the initial public safety plan must be approved by the 6 governing board of the county, or the governing board of each 7 county within the consortium, and the Secretary of Corrections 8 based on the requirements of this section. If one or more 9 other counties develop a unified public safety plan, the 10 public safety coordinating council shall submit a single 11 application to the department for funding. Continued contract 12 funding shall be pursuant to subsection (6). The plan for a 13 county or county consortium must cover at least a 5-year 14 period and must include: 15 (c) Specific goals and objectives for reducing the 16 projected percentage of commitments to the state prison system 17 of persons who are eligible for community-based sanctions with 18 sentencing scores of 40 to 52 points, inclusive, pursuant to 19 the Criminal Punishment Code. 20 Section 24. Subsection (3) of section 958.04, Florida 21 Statutes, as amended by section 36 of chapter 97-194, Laws of 22 Florida, is amended to read: 23 958.04 Judicial disposition of youthful offenders.-- 24 (3) The provisions of This section may shall not be 25 used to impose a greater sentence than the maximum term of 26 imprisonment recommended range as established by s. 775.082, 27 s. 775.083, or s. 775.084 the Criminal Punishment Code 28 pursuant to chapter 921 unless reasons are explained in 29 writing by the trial court judge which reasonably justify 30 departure. A sentence imposed outside of the code is subject 31 to appeal pursuant to s. 924.07. 53 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 Section 25. Subsection (4) of section 985.313, Florida 2 Statutes, as amended by section 10 of chapter 97-194, Laws of 3 Florida, is amended to read: 4 985.313 Maximum-risk residential program.--A 5 maximum-risk residential program is a physically secure 6 residential commitment program with a designated length of 7 stay from 18 months to 36 months, primarily serving children 8 13 years of age to 19 years of age, or until the jurisdiction 9 of the court expires. The court may retain jurisdiction over 10 the child until the child reaches the age of 21, specifically 11 for the purpose of the child completing the program. Each 12 child committed to this level must meet one of the following 13 criteria: 14 (4) The youth is at least 13 years of age at the time 15 of the disposition for the current offense, the youth is 16 eligible for prosecution as an adult for the current offense, 17 and the current offense is: 18 (a) A first-degree felony or second-degree felony that 19 is a forcible felony under s. 776.08; 20 (b) A felony involving serious bodily injury, great 21 bodily harm, or permanent disfigurement or disability; 22 (c) A violation of s. 790.07(2)(d), s. 790.07(4), s. 23 796.03, s. 800.04, or s. 847.0145; or 24 (d) A first-degree felony under chapter 812, chapter 25 893, or chapter 895. ranked at level 7 or higher on the 26 Criminal Punishment Code offense severity ranking chart 27 pursuant to s. 921.0022. 28 Section 26. Section 2 of chapter 97-194, Laws of 29 Florida; sections 921.002, 921.0021, 921.0022, 921.0023, 30 921.0024, and 921.0026, Florida Statutes, as created by 31 sections 3 through 8 of chapter 97-194, Laws of Florida; and 54 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 sections 42 and 43 of chapter 97-194, Laws of Florida, are 2 repealed. 3 Section 27. Subsection (7) is added to section 947.16, 4 Florida Statutes, to read: 5 947.16 Eligibility for parole; initial parole 6 interviews; powers and duties of commission.-- 7 (7) A person convicted of an offense committed on or 8 after October 1, 1983, shall, unless otherwise provided by 9 law, be eligible for consideration for parole after completing 10 at least 85 percent of the sentence imposed by the court. 11 Section 28. It is the intent of the Legislature that 12 the Florida Supreme Court review the sentencing practices of 13 judges within each of the circuit courts of this state. Such 14 review should entail a specific examination of how convicted 15 offenders are sentenced by the circuit courts to determine 16 whether discrepancies in sentences are based on socioeconomic, 17 racial, or ethnic factors rather than upon the severity of the 18 offense committed. It is further the intent of the 19 Legislature that the Florida Supreme Court submit a report of 20 its review, including findings with respect to each circuit 21 and each judge within the circuit, to the President of the 22 Senate and the Speaker of the House of Representatives by 23 January 1, 1999. 24 Section 29. This act shall take effect October 1, 25 1998, and shall apply to sentences imposed for offenses 26 committed on or after that date, except that this section and 27 sections 27 and 28 of this act shall take effect upon becoming 28 a law. 29 30 31 55 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 214 29-2-98 1 ***************************************** 2 SENATE SUMMARY 3 Repeals ss. 921.002-921.0026, F.S., which creates the Florida Criminal Punishment Code, effective October 1, 4 1998. Provides for persons convicted of various offenses committed on or after October 1, 1998, to be sentenced 5 under s. 775.082, s. 775.083, or s. 775.084, F.S., rather than sentenced under the Criminal Punishment Code. 6 Provides additional authority for the court to impose terms of imprisonment and fines. Deletes the mandatory 7 minimum sentences imposed for certain drug-trafficking offenses. Provides that certain offenders may be eligible 8 for consideration for parole after completing at least 85 percent of their sentences. Provides that the Legislature 9 intends that the Florida Supreme Court review the sentencing practices of circuit court judges. Revises 10 additional provisions to delete references to the Criminal Punishment Code. (See bill for details.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 56