CODING: Words stricken are deletions; words underlined are additions.House Bill 0241e1
CS/HB 241, First Engrossed
1 A bill to be entitled
2 An act relating to sentencing; repealing ss.
3 921.001, Florida Statutes, subsections (1),
4 (2), (3), (4), (5), (6), (7), (8), and (9) of
5 section 921.0001, Florida Statutes, and
6 sections 921.0011, 921.0012, 921.0013,
7 921.0014, 921.0015, 921.0016, 921.005, F.S.,
8 relating to the statewide sentencing
9 guidelines; providing for application; creating
10 the Florida Criminal Punishment Code; providing
11 for the code to apply to felonies committed on
12 or after a specified date; creating s. 921.002,
13 F.S.; providing for the Legislature to develop,
14 implement, and revise a sentencing policy;
15 specifying the principles embodied by the
16 Criminal Punishment Code; providing
17 requirements for sentencing a defendant for
18 more than one felony; authorizing a court to
19 impose a sentence below the permissible
20 sentencing range; specifying the level of proof
21 required to justify such a sentence;
22 authorizing a court to impose a sentence above
23 75 percent of the statutory maximum or 75
24 percent higher than the code; specifying the
25 level of proof required to justify such a
26 sentence; creating s. 921.0021, F.S.; providing
27 definitions; creating s. 921.0022, F.S.;
28 providing an offense severity ranking chart to
29 be used in computing a sentence score for a
30 felony offender; creating s. 921.0023, F.S.;
31 providing for ranking felony offenses that are
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CS/HB 241, First Engrossed
1 unlisted on the severity ranking chart;
2 creating s. 921.0024, F.S.; providing a
3 worksheet for computing sentence points under
4 the Criminal Punishment Code; providing for
5 points to be assessed based on the offender's
6 legal status; providing for sentencing
7 multipliers; providing requirements for the
8 state attorney and the Department of
9 Corrections in preparing scoresheets; requiring
10 the clerk of the circuit court to distribute
11 scoresheets and transmit copies to the
12 Department of Corrections; creating s.
13 921.0026, F.S.; specifying circumstances that
14 constitute mitigating circumstances for
15 purposes of sentencing; amending s. 20.315,
16 F.S.; deleting a requirement that the Florida
17 Corrections Commission review proposed changes
18 to the statewide sentencing guidelines;
19 amending s. 39.0581, F.S.; providing for the
20 criteria under which a juvenile is committed to
21 a maximum-risk residential program to be based
22 on the ranking of the offense under the
23 Criminal Punishment Code; amending s. 775.0823,
24 F.S.; providing for a person convicted of
25 certain violent offenses against a law
26 enforcement officer, correctional officer,
27 state attorney, assistant state attorney,
28 justice, or judge to be sentenced under the
29 Criminal Punishment Code; amending s. 775.084,
30 F.S.; deleting a requirement that the courts
31 submit reports to the Sentencing Commission;
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CS/HB 241, First Engrossed
1 conforming a reference to changes made by the
2 act; amending ss. 775.0845, 775.087, 775.0875,
3 F.S., relating to wearing a mask while
4 committing an offense, possessing a weapon
5 while committing a felony, and taking a law
6 enforcement officer's firearm; requiring that
7 such offenses be ranked under the Criminal
8 Punishment Code; amending s. 777.03, F.S.,
9 relating to the offense of being an accessory
10 to a crime; providing for ranking such offense;
11 amending s. 777.04, F.S.; requiring that a
12 person convicted of criminal attempt, criminal
13 solicitation, or criminal conspiracy be
14 sentenced under the Criminal Punishment Code;
15 amending s. 782.051, F.S.; requiring that
16 certain offenses that result in bodily injury
17 be ranked under the Criminal Punishment Code;
18 amending s. 784.08, F.S.; requiring that a
19 person convicted of assault and battery against
20 an elderly person be sentenced under the
21 Criminal Punishment Code; amending ss. 794.023,
22 874.04, F.S., relating to sexual battery by
23 multiple perpetrators and to criminal
24 street-gang activity; requiring that such
25 offenses be ranked under the offense severity
26 ranking chart of the Criminal Punishment Code;
27 amending s. 893.13, F.S., relating to the
28 offense of selling, manufacturing, or
29 possessing certain controlled substances;
30 conforming provisions to changes made by the
31 act; amending s. 893.135, F.S.; requiring that
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CS/HB 241, First Engrossed
1 a person convicted of certain drug-trafficking
2 offenses be sentenced under the Criminal
3 Punishment Code; amending s. 893.20, F.S.;
4 requiring that a person convicted of engaging
5 in a continuing criminal enterprise be
6 sentenced under the Criminal Punishment Code;
7 amending s. 921.187, F.S., relating to
8 disposition and sentencing; conforming
9 provisions to changes made by the act; amending
10 s. 921.188, F.S.; providing certain conditions
11 based on the Criminal Punishment Code under
12 which a felon may be placed in a local
13 detention facility; amending ss. 924.06,
14 924.07, F.S., relating to appeals; amending a
15 provision that allows a defendant to appeal a
16 sentence imposed outside a range formerly
17 permitted under chapter 921, F.S.; authorizing
18 the state to appeal a sentence imposed below
19 the range permitted by the Criminal Punishment
20 Code; amending s. 944.17, F.S.; requiring that
21 the sentencing scoresheet for a prisoner be
22 submitted to the Department of Corrections;
23 amending ss. 947.141, 947.146, 947.168, F.S.,
24 relating to violations of conditional release
25 or control release and parole eligibility;
26 conforming provisions to changes made by the
27 act; amending s. 948.015, F.S., relating to
28 presentence reports; conforming provisions to
29 changes made by the act; amending s. 948.034,
30 F.S., relating to terms and conditions of
31 probation; conforming references; amending s.
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CS/HB 241, First Engrossed
1 948.51, F.S.; revising requirements for a
2 county or county consortium in developing a
3 public safety plan to conform to changes made
4 by the act; amending s. 958.04, F.S., relating
5 to judicial disposition of youthful offenders;
6 providing certain limitations on sentences
7 based on the Criminal Punishment Code; amending
8 s. 921.0014, F.S.; providing requirements for
9 the state attorney with respect to preparing
10 sentencing scoresheets; amending s. 921.001,
11 F.S.; providing for certain persons sentenced
12 on or after a specified date whose maximum
13 recommended sentence is under a specified
14 period to be eligible for incarceration up to a
15 specified period; amending s. 921.0016, F.S.;
16 deleting a provision that allows and expressly
17 prohibits addition or the use of alcohol or
18 drugs as a mitigating circumstance for purposes
19 of sentencing; providing that capital felonies
20 are excluded from the punishment code;
21 providing clarification for application of
22 future code revisions; providing a directive to
23 the Division of Statutory Revision to maintain
24 certain repealed provisions in the Florida
25 Statutes for 10 years; providing effective
26 dates.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Sections 921.0001, Florida Statutes,
31 subsections (1), (2), (3), (4), (5), (6), (7), (8), and (9) of
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CS/HB 241, First Engrossed
1 section 921.001, Florida Statutes, and sections 921.0011,
2 921.0012, 921.0013, 921.0014, 921.0015, 921.0016, and 921.005,
3 Florida Statutes, as amended by this act, are repealed
4 effective October 1, 1998, except that those sections shall
5 remain in effect with respect to any crime committed before
6 October 1, 1998.
7 Section 2. The Florida Criminal Punishment Code,
8 consisting of sections 921.002-921.0026, Florida Statutes, is
9 established effective October 1, 1998, and applies to any
10 felony committed on or after that date.
11 Section 3. Section 921.002, Florida Statutes, is
12 created to read:
13 921.002 The Criminal Punishment Code.--
14 (1) The provision of criminal penalties and of
15 limitations upon the application of such penalties is a matter
16 of predominantly substantive law and, as such, is a matter
17 properly addressed by the Legislature. The Legislature, in
18 the exercise of its authority and responsibility to establish
19 sentencing criteria, to provide for the imposition of criminal
20 penalties, and to make the best use of state prisons so that
21 violent criminal offenders are appropriately incarcerated, has
22 determined that it is in the best interest of the state to
23 develop, implement, and revise a sentencing policy.
24 (a) The Criminal Punishment Code embodies the
25 principles that:
26 1. Sentencing is neutral with respect to race, gender,
27 and social and economic status.
28 2. The primary purpose of sentencing is to punish the
29 offender. Rehabilitation is a desired goal of the criminal
30 justice system but is subordinate to the goal of punishment.
31
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CS/HB 241, First Engrossed
1 3. The penalty imposed is commensurate with the
2 severity of the primary offense and the circumstances
3 surrounding the primary offense.
4 4. The severity of the sentence increases with the
5 length and nature of the offender's prior record.
6 5. The sentence imposed by the sentencing judge
7 reflects the length of actual time to be served, shortened
8 only by the application of incentive and meritorious
9 gain-time. The provisions of chapter 947, relating to parole,
10 shall not apply to persons sentenced under the Criminal
11 Punishment Code.
12 6. The trial judge may impose a sentence up to and
13 including the statutory maximum for any offense, including an
14 offense that is before the court due to a violation of
15 probation.
16 7. Use of incarcerative sanctions is prioritized
17 toward offenders convicted of serious offenses and certain
18 offenders who have long prior records, in order to maximize
19 the finite capacities of state and local correctional
20 facilities.
21 8. The Florida Criminal Punishment Code shall not be
22 construed to limit the application of any enhanced penalties,
23 or minimum mandatory sentences where otherwise provided by
24 Florida Statutes.
25 (2) When a defendant is before the court for
26 sentencing for more than one felony and the felonies were
27 committed under more than one version or revision of the
28 guidelines or the code, each felony shall be sentenced under
29 the guidelines or the code in effect at the time the
30 particular felony was committed. This subsection does not
31 apply to sentencing for any capital felony.
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1 (3) A court may impose a departure below the
2 permissible sentencing range based upon circumstances or
3 factors that reasonably justify the mitigation of the sentence
4 in accordance with s. 921.0026. The level of proof necessary
5 to establish facts supporting the mitigation of a sentence is
6 a preponderance of the evidence. When multiple reasons exist
7 to support the mitigation, the mitigation shall be upheld when
8 at least one circumstance or factor justifies the mitigation
9 regardless of the presence of other circumstances or factors
10 found not to justify mitigation. Any sentence imposed below
11 the permissible sentencing range must be explained in writing
12 by the trial court judge.
13 (4) A court may impose a period of incarceration
14 greater than that provided for in paragraph (a) or (b) of this
15 subsection based upon circumstances or factors that reasonably
16 justify the aggravation of the sentence in accordance with s.
17 921.0026:
18 (a) A sentence that is 75 percent of the statutory
19 maximum period of incarceration for felonies of the first
20 degree, second degree, or third degree, or a sentence that
21 exceeds the baseline total by 75 percent in the court's
22 discretion.
23 (b) In the case of a life felony or a felony of the
24 first degree punishable by life, a sentence of twenty five
25 years.
26
27 The level of proof necessary to establish facts supporting the
28 aggravation of a sentence is a preponderance of the evidence.
29 When multiple reasons exist to support the aggravation, the
30 aggravation shall be upheld when at least one circumstance or
31 factor justifies the aggravation regardless of the presence of
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1 other circumstances or factors found not to justify
2 aggravation. Any sentence greater than provided in (4)(a) or
3 (4)(b) of this section must be explained in writing by the
4 trial judge.
5 Section 4. Section 921.0021, Florida Statutes, is
6 created to read:
7 921.0021 Definitions.--As used in this chapter, the
8 term:
9 (1) "Additional offense" means any offense other than
10 the primary offense for which an offender is convicted and
11 which is pending before the court for sentencing at the time
12 of the primary offense.
13 (2) "Conviction" means a determination of guilt that
14 is the result of a plea or a trial, regardless of whether
15 adjudication is withheld.
16 (3) "Legal status" means an offender's status if the
17 offender:
18 (a) Escapes from incarceration;
19 (b) Flees to avoid prosecution;
20 (c) Fails to appear for a criminal proceeding;
21 (d) Violates any condition of a supersedeas bond;
22 (e) Is incarcerated; or
23 (f) Is under any form of court-imposed or post-prison
24 release community supervision.
25 (4) "Primary offense" means the offense at conviction
26 pending before the court for sentencing for which the total
27 sentence points recommend a sanction that is as severe as, or
28 more severe than, the sanction recommended for any other
29 offense committed by the offender and pending before the court
30 at sentencing. Only one count of one offense before the court
31 for sentencing shall be classified as the primary offense.
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1 (5) "Prior record" means a conviction for a crime
2 committed by the offender, as an adult or a juvenile, prior to
3 the time of the primary offense. Convictions by federal,
4 out-of-state, military, or foreign courts, and convictions for
5 violations of county or municipal ordinances that incorporate
6 by reference a penalty under state law, are included in the
7 offender's prior record. Convictions for offenses committed
8 by the offender more than 10 years before the primary offense
9 are not included in the offender's prior record if the
10 offender has not been convicted of any other crime for a
11 period of 10 consecutive years from the most recent date of
12 release from confinement, supervision, or sanction, whichever
13 is later, to the date of the primary offense. Juvenile
14 dispositions of offenses committed by the offender within 3
15 years before the primary offense are included in the
16 offender's prior record when the offense would have been a
17 crime had the offender been an adult rather than a juvenile.
18 Juvenile dispositions of sexual offenses committed by the
19 offender which were committed 3 years or more before the
20 primary offense are included in the offender's prior record if
21 the offender has not maintained a conviction-free record,
22 either as an adult or a juvenile, for a period of 3
23 consecutive years from the most recent date of release from
24 confinement, supervision, or sanction, whichever is later, to
25 the date of the primary offense.
26 (6) "Community sanction" includes:
27 (a) Probation.
28 (b) Community control.
29 (c) Pretrial intervention or diversion.
30 (7)(a) "Victim injury" means the physical injury or
31 death suffered by a person as a direct result of the primary
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CS/HB 241, First Engrossed
1 offense, or any additional offense, for which an offender is
2 convicted and which is pending before the court for sentencing
3 at the time of the primary offense.
4 (b) Except as provided in paragraph (c) or paragraph
5 (d),
6 1. If the conviction is for an offense involving
7 sexual contact that includes sexual penetration, the sexual
8 penetration must be scored in accordance with the sentence
9 points provided under s. 921.0024 for sexual penetration,
10 regardless of whether there is evidence of any physical
11 injury.
12 2. If the conviction is for an offense involving
13 sexual contact that does not include sexual penetration, the
14 sexual contact must be scored in accordance with the sentence
15 points provided under s. 921.0024 for sexual contact,
16 regardless of whether there is evidence of any physical
17 injury.
18
19 If the victim of an offense involving sexual contact suffers
20 any physical injury as a direct result of the primary offense
21 or any additional offense committed by the offender resulting
22 in conviction, such physical injury must be scored separately
23 and in addition to the points scored for the sexual contact or
24 the sexual penetration.
25 (c) The sentence points provided under s. 921.0024 for
26 sexual contact or sexual penetration may not be assessed for a
27 violation of s. 944.35(3)(b)2.
28 (d) If the conviction is for the offense described in
29 s. 872.06, the sentence points provided under s. 921.0024 for
30 sexual contact or sexual penetration may not be assessed.
31
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CS/HB 241, First Engrossed
1 Section 5. Section 921.0022, Florida Statutes, is
2 created to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (1) The offense severity ranking chart must be used
6 with the Criminal Punishment Code worksheet to compute a
7 sentence score for each felony offender.
8 (2) The offense severity ranking chart has 10 offense
9 levels, ranked from least severe to most severe, and each
10 felony offense is assigned to a level according to the
11 severity of the offense. For purposes of determining which
12 felony offenses are specifically listed in the offense
13 severity ranking chart and which severity level has been
14 assigned to each of these offenses, the numerical statutory
15 references in the left column of the chart and the felony
16 degree designations in the middle column of the chart are
17 controlling; the language in the right column of the chart is
18 provided solely for descriptive purposes. Reclassification of
19 the degree of the felony through the application of s.
20 775.0845, s. 775.087, s. 775.0875, or s. 794.023, to any
21 offense listed in the offense severity ranking chart in this
22 section shall not cause the offense to become unlisted and is
23 not subject to the provisions of s. 921.0023.
24 (3) OFFENSE SEVERITY RANKING CHART
25 Florida Felony
26 Statute Degree Description
27
28 (a) LEVEL 1
29 24.118(3)(a) 3rd Counterfeit or altered state
30 lottery ticket.
31
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CS/HB 241, First Engrossed
1 212.054(2)(b) 3rd Discretionary sales surtax;
2 limitations, administration, and
3 collection.
4 212.15(2)(b) 3rd Failure to remit sales taxes,
5 amount greater than $300 but less
6 than $20,000.
7 319.30(5) 3rd Sell, exchange, give away
8 certificate of title or
9 identification number plate.
10 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
11 odometer.
12 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
13 registration license plates or
14 validation stickers.
15 322.212(1) 3rd Possession of forged, stolen,
16 counterfeit, or unlawfully issued
17 driver's license.
18 322.212(4) 3rd Supply or aid in supplying
19 unauthorized driver's license.
20 322.212(5) 3rd False application for driver's
21 license.
22 370.13(4)(a) 3rd Molest any stone crab trap, line,
23 or buoy which is property of
24 licenseholder.
25 370.135(1) 3rd Molest any blue crab trap, line,
26 or buoy which is property of
27 licenseholder.
28 372.663(1) 3rd Poach any alligator or
29 crocodilia.
30
31
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CS/HB 241, First Engrossed
1 414.39(2) 3rd Unauthorized use, possession,
2 forgery, or alteration of food
3 stamps, Medicaid ID, value
4 greater than $200.
5 414.39(3)(a) 3rd Fraudulent misappropriation of
6 public assistance funds by
7 employee/official, value more
8 than $200.
9 443.071(1) 3rd False statement or representation
10 to obtain or increase
11 unemployment compensation
12 benefits.
13 458.327(1)(a) 3rd Unlicensed practice of medicine.
14 466.026(1)(a) 3rd Unlicensed practice of dentistry
15 or dental hygiene.
16 509.151(1) 3rd Defraud an innkeeper, food or
17 lodging value greater than $300.
18 517.302(1) 3rd Violation of the Florida
19 Securities and Investor
20 Protection Act.
21 562.27(1) 3rd Possess still or still apparatus.
22 713.69 3rd Tenant removes property upon
23 which lien has accrued, value
24 more than $50.
25 812.014(3)(c) 3rd Petit theft (3rd conviction);
26 theft of any property not
27 specified in subsection (2).
28 812.081(2) 3rd Unlawfully makes or causes to be
29 made a reproduction of a trade
30 secret.
31
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CS/HB 241, First Engrossed
1 815.04(4)(a) 3rd Offense against intellectual
2 property (i.e., computer
3 programs, data).
4 817.52(2) 3rd Hiring with intent to defraud,
5 motor vehicle services.
6 826.01 3rd Bigamy.
7 828.122(3) 3rd Fighting or baiting animals.
8 831.04(1) 3rd Any erasure, alteration, etc., of
9 any replacement deed, map, plat,
10 or other document listed in s.
11 92.28.
12 831.31(1)(a) 3rd Sell, deliver, or possess
13 counterfeit controlled
14 substances, all but s. 893.03(5)
15 drugs.
16 832.041(1) 3rd Stopping payment with intent to
17 defraud $150 or more.
18 832.05
19 (2)(b) & (4)(c) 3rd Knowing, making, issuing
20 worthless checks $150 or more or
21 obtaining property in return for
22 worthless check $150 or more.
23 838.015(3) 3rd Bribery.
24 838.016(1) 3rd Public servant receiving unlawful
25 compensation.
26 838.15(2) 3rd Commercial bribe receiving.
27 838.16 3rd Commercial bribery.
28 843.18 3rd Fleeing by boat to elude a law
29 enforcement officer.
30
31
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CS/HB 241, First Engrossed
1 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
2 lewd, etc., material (2nd
3 conviction).
4 849.01 3rd Keeping gambling house.
5 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
6 or assist therein, conduct or
7 advertise drawing for prizes, or
8 dispose of property or money by
9 means of lottery.
10 849.23 3rd Gambling-related machines;
11 "common offender" as to property
12 rights.
13 849.25(2) 3rd Engaging in bookmaking.
14 860.08 3rd Interfere with a railroad signal.
15 860.13(1)(a) 3rd Operate aircraft while under the
16 influence.
17 893.13(2)(a)2. 3rd Purchase of cannabis.
18 893.13(6)(a) 3rd Possession of cannabis (more than
19 20 grams).
20 893.13(7)(a)10. 3rd Affix false or forged label to
21 package of controlled substance.
22 934.03(1)(a) 3rd Intercepts, or procures any other
23 person to intercept, any wire or
24 oral communication.
25
26 (b) LEVEL 2
27 403.413(5)(c) 3rd Dumps waste litter exceeding 500
28 lbs. in weight or 100 cubic feet
29 in volume or any quantity for
30 commercial purposes, or hazardous
31 waste.
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1 517.07 3rd Registration of securities and
2 furnishing of prospectus
3 required.
4 590.28(1) 3rd Willful, malicious, or
5 intentional burning.
6 784.05(3) 3rd Storing or leaving a loaded
7 firearm within reach of minor who
8 uses it to inflict injury or
9 death.
10 787.04(1) 3rd In violation of court order,
11 take, entice, etc., minor beyond
12 state limits.
13 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
14 or more to public communication
15 or any other public service.
16 810.09(2)(e) 3rd Trespassing on posted commerical
17 horticulture property.
18 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
19 more but less than $5,000.
20 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
21 more but less than $300, taken
22 from unenclosed curtilage of
23 dwelling.
24 817.234(1)(a)2. 3rd False statement in support of
25 insurance claim.
26 817.481(3)(a) 3rd Obtain credit or purchase with
27 false, expired, counterfeit,
28 etc., credit card, value over
29 $300.
30 817.52(3) 3rd Failure to redeliver hired
31 vehicle.
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1 817.54 3rd With intent to defraud, obtain
2 mortgage note, etc., by false
3 representation.
4 817.60(5) 3rd Dealing in credit cards of
5 another.
6 817.60(6)(a) 3rd Forgery; purchase goods, services
7 with false card.
8 817.61 3rd Fraudulent use of credit cards
9 over $100 or more within 6
10 months.
11 826.04 3rd Knowingly marries or has sexual
12 intercourse with person to whom
13 related.
14 831.01 3rd Forgery.
15 831.02 3rd Uttering forged instrument;
16 utters or publishes alteration
17 with intent to defraud.
18 831.07 3rd Forging bank bills or promissory
19 note.
20 831.08 3rd Possession of 10 or more forged
21 notes.
22 831.09 3rd Uttering forged bills; passes as
23 bank bill or promissory note.
24 832.05(3)(a) 3rd Cashing or depositing item with
25 intent to defraud.
26 843.08 3rd Falsely impersonating an officer.
27 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
28 (2)(c), (3), or (4) drugs other
29 than cannabis.
30 893.147(2) 3rd Manufacture or delivery of drug
31 paraphernalia.
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1
2 (c) LEVEL 3
3 39.061 3rd Escapes from juvenile facility
4 (secure detention or residential
5 commitment facility).
6 319.30(4) 3rd Possession by junkyard of motor
7 vehicle with identification
8 number plate removed.
9 319.33(1)(a) 3rd Alter or forge any certificate of
10 title to a motor vehicle or
11 mobile home.
12 319.33(1)(c) 3rd Procure or pass title on stolen
13 vehicle.
14 319.33(4) 3rd With intent to defraud, possess,
15 sell, etc., a blank, forged, or
16 unlawfully obtained title or
17 registration.
18 328.05(2) 3rd Possess, sell, or counterfeit
19 fictitious, stolen, or fraudulent
20 titles or bills of sale of
21 vessels.
22 328.07(4) 3rd Manufacture, exchange, or possess
23 vessel with counterfeit or wrong
24 ID number.
25 376.302(5) 3rd Fraud related to reimbursement
26 for cleanup expenses under the
27 Inland Protection Trust Fund.
28 501.001(2)(b) 2nd Tampers with a consumer product
29 or the container using materially
30 false/misleading information.
31 697.08 3rd Equity skimming.
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1 790.15(3) 3rd Person directs another to
2 discharge firearm from a vehicle.
3 796.05(1) 3rd Live on earnings of a prostitute.
4 806.10(1) 3rd Maliciously injure, destroy, or
5 interfere with vehicles or
6 equipment used in firefighting.
7 806.10(2) 3rd Interferes with or assaults
8 firefighter in performance of
9 duty.
10 810.09(2)(c) 3rd Trespass on property other than
11 structure or conveyance armed
12 with firearm or dangerous weapon.
13 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
14 less than $10,000.
15 815.04(4)(b) 2nd Computer offense devised to
16 defraud or obtain property.
17 817.034(4)(a)3. 3rd Engages in scheme to defraud
18 (Florida Communications Fraud
19 Act), property valued at less
20 than $20,000.
21 817.233 3rd Burning to defraud insurer.
22 828.12(2) 3rd Tortures any animal with intent
23 to inflict intense pain, serious
24 physical injury, or death.
25 831.29 2nd Possession of instruments for
26 counterfeiting drivers' licenses.
27 838.021(3)(b) 3rd Threatens unlawful harm to public
28 servant.
29 843.19 3rd Injure, disable, or kill police
30 dog or horse.
31 870.01(2) 3rd Riot; inciting or encouraging.
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c), (3), or (4)
4 drugs).
5 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
6 893.03(1)(c), (2)(c), (3), or (4)
7 drugs within 200 feet of
8 university, public housing
9 facility, or public park.
10 893.13(6)(a) 3rd Possession of any controlled
11 substance other than felony
12 possession of cannabis.
13 893.13(7)(a)9. 3rd Obtain or attempt to obtain
14 controlled substance by fraud,
15 forgery, misrepresentation, etc.
16 893.13(7)(a)11. 3rd Furnish false or fraudulent
17 material information on any
18 document or record required by
19 chapter 893.
20 918.13(1)(a) 3rd Alter, destroy, or conceal
21 investigation evidence.
22 944.47
23 (1)(a)1.-2. 3rd Introduce contraband to
24 correctional facility.
25 944.47(1)(c) 2nd Possess contraband while upon the
26 grounds of a correctional
27 institution.
28
29 (d) LEVEL 4
30
31
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 316.1935(2) 3rd Fleeing or attempting to elude
2 law enforcement officer resulting
3 in high-speed pursuit.
4 784.07(2)(b) 3rd Battery of law enforcement
5 officer, firefighter, intake
6 officer, etc.
7 784.075 3rd Battery on detention or
8 commitment facility staff.
9 784.08(2)(c) 3rd Battery on a person 65 years of
10 age or older.
11 784.081(3) 3rd Battery on specified official or
12 employee.
13 784.082(3) 3rd Battery by detained person on
14 visitor or other detainee.
15 787.03(1) 3rd Interference with custody;
16 wrongly takes child from
17 appointed guardian.
18 787.04(2) 3rd Take, entice, or remove child
19 beyond state limits with criminal
20 intent pending custody
21 proceedings.
22 787.04(3) 3rd Carrying child beyond state lines
23 with criminal intent to avoid
24 producing child at custody
25 hearing or delivering to
26 designated person.
27 790.115(1) 3rd Exhibiting firearm or weapon
28 within 1,000 feet of a school.
29 790.115(2)(b) 3rd Possessing electric weapon or
30 device, destructive device, or
31 other weapon on school property.
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 790.115(2)(c) 3rd Possessing firearm on school
2 property.
3 810.02(4)(a) 3rd Burglary, or attempted burglary,
4 of an unoccupied structure;
5 unarmed; no assault or battery.
6 810.02(4)(b) 3rd Burglary, or attempted burglary,
7 of an unoccupied conveyance;
8 unarmed; no assault or battery.
9 810.06 3rd Burglary; possession of tools.
10 810.08(2)(c) 3rd Trespass on property, armed with
11 firearm or dangerous weapon.
12 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
13 or more but less than $20,000.
14 812.014
15 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
16 firearm, motor vehicle,
17 livestock, etc.
18 817.563(1) 3rd Sell or deliver substance other
19 than controlled substance agreed
20 upon, excluding s. 893.03(5)
21 drugs.
22 828.125(1) 2nd Kill, maim, or cause great bodily
23 harm or permanent breeding
24 disability to any registered
25 horse or cattle.
26 837.02(1) 3rd Perjury in official proceedings.
27 837.021(1) 3rd Make contradictory statements in
28 official proceedings.
29
30
31
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 843.025 3rd Deprive law enforcement,
2 correctional, or correctional
3 probation officer of means of
4 protection or communication.
5 843.15(1)(a) 3rd Failure to appear while on bail
6 for felony (bond estreature or
7 bond jumping).
8 874.05(1) 3rd Encouraging or recruiting another
9 to join a criminal street gang.
10 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
11 893.03(1)(a), (b), or (d), or
12 (2)(a) or (b) drugs).
13 914.14(2) 3rd Witnesses accepting bribes.
14 914.22(1) 3rd Force, threaten, etc., witness,
15 victim, or informant.
16 914.23(2) 3rd Retaliation against a witness,
17 victim, or informant, no bodily
18 injury.
19 918.12 3rd Tampering with jurors.
20
21 (e) LEVEL 5
22 316.027(1)(a) 3rd Accidents involving personal
23 injuries, failure to stop;
24 leaving scene.
25 316.1935(3) 3rd Aggravated fleeing or eluding.
26 322.34(3) 3rd Careless operation of motor
27 vehicle with suspended license,
28 resulting in death or serious
29 bodily injury.
30 327.30(5) 3rd Vessel accidents involving
31 personal injury; leaving scene.
24
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 381.0041(11)(b) 3rd Donate blood, plasma, or organs
2 knowing HIV positive.
3 790.01(2) 3rd Carrying a concealed firearm.
4 790.162 2nd Threat to throw or discharge
5 destructive device.
6 790.163 2nd False report of deadly explosive.
7 790.165(2) 3rd Manufacture, sell, possess, or
8 deliver hoax bomb.
9 790.221(1) 2nd Possession of short-barreled
10 shotgun or machine gun.
11 790.23 2nd Felons in possession of firearms
12 or electronic weapons or devices.
13 806.111(1) 3rd Possess, manufacture, or dispense
14 fire bomb with intent to damage
15 any structure or property.
16 812.019(1) 2nd Stolen property; dealing in or
17 trafficking in.
18 812.16(2) 3rd Owning, operating, or conducting
19 a chop shop.
20 817.034(4)(a)2. 2nd Communications fraud, value
21 $20,000 to $50,000.
22 825.1025(4) 3rd Lewd or lascivious exhibition in
23 the presence of an elderly person
24 or disabled adult.
25 827.071(4) 2nd Possess with intent to promote
26 any photographic material, motion
27 picture, etc., which includes
28 sexual conduct by a child.
29 843.01 3rd Resist officer with violence to
30 person; resist arrest with
31 violence.
25
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 874.05(2) 2nd Encouraging or recruiting another
2 to join a criminal street gang;
3 second or subsequent offense.
4 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
5 cocaine (or other s.
6 893.03(1)(a), (1)(b), (1)(d),
7 (2)(a), or (2)(b) drugs).
8 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
9 cannabis (or other s.
10 893.03(1)(c), (2)(c), (3), or (4)
11 drugs) within 1,000 feet of a
12 school.
13 893.13(1)(d)1. 1st Sell, manufacture, or deliver
14 cocaine (or other s.
15 893.03(1)(a), (1)(b), (1)(d),
16 (2)(a), or (2)(b) drugs) within
17 200 feet of university, public
18 housing facility, or public park.
19 893.13(4)(b) 2nd Deliver to minor cannabis (or
20 other s. 893.03(1)(c), (2)(c),
21 (3), or (4) drugs).
22
23 (f) LEVEL 6
24 316.027(1)(b) 2nd Accident involving death, failure
25 to stop; leaving scene.
26 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
27 conviction.
28 775.0875(1) 3rd Taking firearm from law
29 enforcement officer.
30 784.021(1)(a) 3rd Aggravated assault; deadly weapon
31 without intent to kill.
26
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 784.021(1)(b) 3rd Aggravated assault; intent to
2 commit felony.
3 784.048(3) 3rd Aggravated stalking; credible
4 threat.
5 784.07(2)(c) 2nd Aggravated assault on law
6 enforcement officer.
7 784.08(2)(b) 2nd Aggravated assault on a person 65
8 years of age or older.
9 784.081(2) 2nd Aggravated assault on specified
10 official or employee.
11 784.082(2) 2nd Aggravated assault by detained
12 person on visitor or other
13 detainee.
14 787.02(2) 3rd False imprisonment; restraining
15 with purpose other than those in
16 s. 787.01.
17 790.115(2)(d) 2nd Discharging firearm or weapon on
18 school property.
19 790.161(2) 2nd Make, possess, or throw
20 destructive device with intent to
21 do bodily harm or damage
22 property.
23 790.164(1) 2nd False report of deadly explosive
24 or act of arson or violence to
25 state property.
26 790.19 2nd Shooting or throwing deadly
27 missiles into dwellings, vessels,
28 or vehicles.
29 794.011(8)(a) 3rd Solicitation of minor to
30 participate in sexual activity by
31 custodial adult.
27
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 794.05(1) 2nd Unlawful sexual activity with
2 specified minor.
3 806.031(2) 2nd Arson resulting in great bodily
4 harm to firefighter or any other
5 person.
6 810.02(3)(c) 2nd Burglary of occupied structure;
7 unarmed; no assault or battery.
8 812.014(2)(b) 2nd Property stolen $20,000 or more,
9 but less than $100,000, grand
10 theft in 2nd degree.
11 812.13(2)(c) 2nd Robbery, no firearm or other
12 weapon (strong-arm robbery).
13 817.034(4)(a)1. 1st Communications fraud, value
14 greater than $50,000.
15 817.4821(5) 2nd Possess cloning paraphernalia
16 with intent to create cloned
17 cellular telephones.
18 825.102(1) 3rd Abuse of an elderly person or
19 disabled adult.
20 825.102(3)(c) 3rd Neglect of an elderly person or
21 disabled adult.
22 825.1025(3) 3rd Lewd or lascivious molestation of
23 an elderly person or disabled
24 adult.
25 825.103(2)(c) 3rd Exploiting an elderly person or
26 disabled adult and property is
27 valued at $100 or more, but less
28 than $20,000.
29 827.03(1) 3rd Abuse of a child.
30 827.03(3)(c) 3rd Neglect of a child.
31
28
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 827.071(2)&(3) 2nd Use or induce a child in a sexual
2 performance, or promote or direct
3 such performance.
4 836.05 2nd Threats; extortion.
5 836.10 2nd Written threats to kill or do
6 bodily injury.
7 843.12 3rd Aids or assists person to escape.
8 914.23 2nd Retaliation against a witness,
9 victim, or informant, with bodily
10 injury.
11 944.35(3)(a)2. 3rd Committing malicious battery upon
12 or inflicting cruel or inhuman
13 treatment on an inmate or
14 offender on community
15 supervision, resulting in great
16 bodily harm.
17 944.40 2nd Escapes.
18 944.46 3rd Harboring, concealing, aiding
19 escaped prisoners.
20 944.47(1)(a)5. 2nd Introduction of contraband
21 (firearm, weapon, or explosive)
22 into correctional facility.
23 951.22(1) 3rd Intoxicating drug, firearm, or
24 weapon introduced into county
25 facility.
26
27 (g) LEVEL 7
28 316.193(3)(c)2. 3rd DUI resulting in serious bodily
29 injury.
30 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
31 bodily injury.
29
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 409.920(2) 3rd Medicaid provider fraud.
2 494.0018(2) 1st Conviction of any violation of
3 ss. 494.001-494.0077 in which the
4 total money and property
5 unlawfully obtained exceeded
6 $50,000 and there were five or
7 more victims.
8 782.07(1) 2nd Killing of a human being by the
9 act, procurement, or culpable
10 negligence of another
11 (manslaughter).
12 782.071 3rd Killing of human being by the
13 operation of a motor vehicle in a
14 reckless manner (vehicular
15 homicide).
16 782.072 3rd Killing of a human being by the
17 operation of a vessel in a
18 reckless manner (vessel
19 homicide).
20 784.045(1)(a)1. 2nd Aggravated battery; intentionally
21 causing great bodily harm or
22 disfigurement.
23 784.045(1)(a)2. 2nd Aggravated battery; using deadly
24 weapon.
25 784.045(1)(b) 2nd Aggravated battery; perpetrator
26 aware victim pregnant.
27 784.048(4) 3rd Aggravated stalking; violation of
28 injunction or court order.
29 784.07(2)(d) 1st Aggravated battery on law
30 enforcement officer.
31
30
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04 2nd Handle, fondle, or assault child
16 under 16 years in lewd,
17 lascivious, or indecent manner.
18 806.01(2) 2nd Maliciously damage structure by
19 fire or explosive.
20 810.02(3)(a) 2nd Burglary of occupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(d) 2nd Burglary of occupied conveyance;
25 unarmed; no assault or battery.
26 812.014(2)(a) 1st Property stolen, valued at
27 $100,000 or more; property stolen
28 while causing other property
29 damage; 1st degree grand theft.
30
31
31
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.133(2)(b) 1st Carjacking; no firearm, deadly
6 weapon, or other weapon.
7 825.102(3)(b) 2nd Neglecting an elderly person or
8 disabled adult causing great
9 bodily harm, disability, or
10 disfigurement.
11 825.1025(2) 2nd Lewd or lascivious battery upon
12 an elderly person or disabled
13 adult.
14 825.103(2)(b) 2nd Exploiting an elderly person or
15 disabled adult and property is
16 valued at $20,000 or more, but
17 less than $100,000.
18 827.03(3)(b) 2nd Neglect of a child causing great
19 bodily harm, disability, or
20 disfigurement.
21 827.04(4) 3rd Impregnation of a child under 16
22 years of age by person 21 years
23 of age or older.
24 872.06 2nd Abuse of a dead human body.
25 893.13(1)(c)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), or (2)(b) drugs) within
29 1,000 feet of a school.
30
31
32
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), or (2)(b) drugs).
4 893.135(1)(a)1. 1st Trafficking in cannabis, more
5 than 50 lbs., less than 2,000
6 lbs.
7 893.135
8 (1)(b)1.a. 1st Trafficking in cocaine, more than
9 28 grams, less than 200 grams.
10 893.135
11 (1)(c)1.a. 1st Trafficking in illegal drugs,
12 more than 4 grams, less than 14
13 grams.
14 893.135
15 (1)(d)1. 1st Trafficking in phencyclidine,
16 more than 28 grams, less than 200
17 grams.
18 893.135(1)(e)1. 1st Trafficking in methaqualone, more
19 than 200 grams, less than 5
20 kilograms.
21 893.135(1)(f)1. 1st Trafficking in amphetamine, more
22 than 14 grams, less than 28
23 grams.
24
25 (h) LEVEL 8
26 316.193
27 (3)(c)3.a. 2nd DUI manslaughter.
28 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
29 777.03(2)(a) 1st Accessory after the fact, capital
30 felony.
31
33
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.071(2) 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 806.01(1) 1st Maliciously damage dwelling or
22 structure by fire or explosive,
23 believing person in structure.
24 810.02(2)(a) 1st,PBL Burglary with assault or battery.
25 810.02(2)(b) 1st,PBL Burglary; armed with explosives
26 or dangerous weapon.
27 810.02(2)(c) 1st Burglary of a dwelling or
28 structure causing structural
29 damage or $1,000 or more property
30 damage.
31 812.13(2)(b) 1st Robbery with a weapon.
34
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 812.135(2) 1st Home-invasion robbery.
2 825.102(2) 2nd Aggravated abuse of an elderly
3 person or disabled adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 827.03(2) 2nd Aggravated child abuse.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
35
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 893.135(1)(d)1.b. 1st Trafficking in phencyclidine,
2 more than 200 grams, less than
3 400 grams.
4 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more
5 than 5 kilograms, less than 25
6 kilograms.
7 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more
8 than 28 grams, less than 200
9 grams.
10 895.03(1) 1st Use or invest proceeds derived
11 from pattern of racketeering
12 activity.
13 895.03(2) 1st Acquire or maintain through
14 racketeering activity any
15 interest in or control of any
16 enterprise or real property.
17 895.03(3) 1st Conduct or participate in any
18 enterprise through pattern of
19 racketeering activity.
20
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 782.04(1) 1st Attempt, conspire, or solicit to
26 commit premeditated murder.
27 782.04(3) 1st,PBL Accomplice to murder in
28 connection with arson, sexual
29 battery, robbery, burglary, and
30 other specified felonies.
31
36
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 782.07(2) 1st Aggravated manslaughter of an
2 elderly person or disabled adult.
3 782.07(3) 1st Aggravated manslaughter of a
4 child.
5 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
6 reward or as a shield or hostage.
7 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
8 or facilitate commission of any
9 felony.
10 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
11 interfere with performance of any
12 governmental or political
13 function.
14 787.02(3)(a) 1st False imprisonment; child under
15 age 13; perpetrator also commits
16 child abuse, sexual battery,
17 lewd, or lascivious act, etc.
18 790.161 1st Attempted capital destructive
19 device offense.
20 794.011(2) 1st Attempted sexual battery; victim
21 less than 12 years of age.
22 794.011(2) Life Sexual battery; offender younger
23 than 18 years and commits sexual
24 battery on a person less than 12
25 years.
26 794.011(4) 1st Sexual battery; victim 12 years
27 or older, certain circumstances.
28 794.011(8)(b) 1st Sexual battery; engage in sexual
29 conduct with minor 12 to 18 years
30 by person in familial or
31 custodial authority.
37
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 847.0145(1) 1st Selling, or otherwise
6 transferring custody or control,
7 of a minor.
8 847.0145(2) 1st Purchasing, or otherwise
9 obtaining custody or control, of
10 a minor.
11 859.01 1st Poisoning food, drink, medicine,
12 or water with intent to kill or
13 injure another person.
14 893.135 1st Attempted capital trafficking
15 offense.
16 893.135(1)(a)3. 1st Trafficking in cannabis, more
17 than 10,000 lbs.
18 893.135
19 (1)(b)1.c. 1st Trafficking in cocaine, more than
20 400 grams, less than 150
21 kilograms.
22 893.135
23 (1)(c)1.c. 1st Trafficking in illegal drugs,
24 more than 28 grams, less than 30
25 kilograms.
26 893.135(1)(d)1.c. 1st Trafficking in phencyclidine,
27 more than 400 grams.
28 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more
29 than 25 kilograms.
30 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more
31 than 200 grams.
38
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1
2 (j) LEVEL 10
3 782.04(2) 1st,PBL Unlawful killing of human; act is
4 homicide, unpremeditated.
5 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
6 upon or terrorize victim.
7 787.01(3)(a) Life Kidnapping; child under age 13,
8 perpetrator also commits child
9 abuse, sexual battery, lewd, or
10 lascivious act, etc.
11 794.011(3) Life Sexual battery; victim 12 years
12 or older, offender uses or
13 threatens to use deadly weapon or
14 physical force to cause serious
15 injury.
16 876.32 1st Treason against the state.
17 Section 6. Section 921.0023, Florida Statutes, is
18 created to read:
19 921.0023 Criminal Punishment Code; ranking unlisted
20 felony offenses.--A felony offense not listed in s. 921.0022
21 is ranked with respect to offense severity level by the
22 Legislature, commensurate with the harm or potential harm that
23 is caused by the offense to the community. Until the
24 Legislature specifically assigns an offense to a severity
25 level in the offense severity ranking chart, the severity
26 level is within the following parameters:
27 (1) A felony of the third degree within offense level
28 1.
29 (2) A felony of the second degree within offense level
30 4.
31
39
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 241, First Engrossed
1 (3) A felony of the first degree within offense level
2 7.
3 (4) A felony of the first degree punishable by life
4 within offense level 9.
5 (5) A life felony within offense level 10.
6
7 For purposes of determining whether a felony offense has been
8 specifically listed in the offense ranking chart provided in
9 s. 921.0022(3), and the severity level that has been assigned
10 to an offense listed in the chart, the numerical statutory
11 reference in the left column of the chart, and the felony
12 degree designation in the middle column of the chart, are
13 controlling; the language in the right column of the chart is
14 provided solely for descriptive purposes.
15 Section 7. Section 921.0024, Florida Statutes, is
16 created to read:
17 921.0024 Criminal Punishment Code; worksheet
18 computations; scoresheets.--
19 (1)
20 (a) The Criminal Punishment Code worksheet is used to
21 compute the subtotal, total sentence points, base line total,
22 and lowest permissible sentence as follows:
23
24 FLORIDA CRIMINAL PUNISHMENT CODE WORKSHEET
25
26 OFFENSE SCORE
27
28 Primary Offense
29 Level Sentence Points Total
30
31 ..............................................................
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CS/HB 241, First Engrossed
1 10 116 = ....
2 9 92 = ....
3 8 74 = ....
4 7 56 = ....
5 6 36 = ....
6 5 28 = ....
7 4 22 = ....
8 3 16 = ....
9 2 10 = ....
10 1 4 = ....
11 ..............................................................
12 Total
13
14
15 Additional Offenses
16 Level Sentence Points Counts Total
17 ..............................................................
18 10 58 x .... = ....
19 9 46 x .... = ....
20 8 37 x .... = ....
21 7 28 x .... = ....
22 6 18 x .... = ....
23 5 5.4 x .... = ....
24 4 3.6 x .... = ....
25 3 2.4 x .... = ....
26 2 1.2 x .... = ....
27 1 0.7 x .... = ....
28 M 0.2 x .... = ....
29 ..............................................................
30 Total
31
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CS/HB 241, First Engrossed
1
2 Victim Injury
3 Level Sentence Points Number Total
4 ..............................................................
5 2nd degree
6 murder-
7 death 240 x .... = ....
8 Death 120 x .... = ....
9 Severe 40 x .... = ....
10 Sexual
11 penetration 80 x .... = ....
12 Moderate 18 x .... = ....
13 Sexual
14 contact 40 x .... = ....
15 Slight 4 x .... = ....
16 ..............................................................
17 Total
18
19 Primary Offense + Additional Offenses + Victim Injury =
20 TOTAL OFFENSE SCORE
21
22 PRIOR RECORD SCORE
23
24 Prior Record
25 Level Sentence Points Number Total
26
27 ..............................................................
28 10 29 x .... = ....
29 9 23 x .... = ....
30 8 19 x .... = ....
31 7 14 x .... = ....
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CS/HB 241, First Engrossed
1 6 9 x .... = ....
2 5 3.6 x .... = ....
3 4 2.4 x .... = ....
4 3 1.6 x .... = ....
5 2 0.8 x .... = ....
6 1 0.5 x .... = ....
7 M 0.2 x .... = ....
8 ..............................................................
9 Total
10
11
12 TOTAL OFFENSE SCORE........................................
13 TOTAL PRIOR RECORD SCORE...................................
14
15 LEGAL STATUS...............................................
16 COMMUNITY SANCTION VIOLATION...............................
17 PRIOR SERIOUS FELONY.......................................
18 PRIOR CAPITAL FELONY.......................................
19 FIREARM OR SEMIAUTOMATIC WEAPON............................
20 SUBTOTAL........
21
22 VIOLENT CAREER CRIMINAL (no)(yes)..........................
23 VIOLENT HABITUAL OFFENDER (no)(yes)........................
24 HABITUAL OFFENDER (no)(yes)................................
25 DRUG TRAFFICKER (no)(yes) (x multiplier)...................
26 LAW ENF. PROTECT. (no)(yes) (x multiplier).................
27 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)...............
28 CRIMINAL STREET GANG MEMBER (no)(yes) (x multiplier).......
29 ..............................................................
30 TOTAL SENTENCE POINTS........
31
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1 TOTAL SENTENCE POINTS MINUS 28 = BASE LINE TOTAL........
2
3 BASE LINE TOTAL REDUCED BY 25 PERCENT = LOWEST PERMISSIBLE
4 SENTENCE........
5 (b) WORKSHEET KEY:
6
7 Legal status points are assessed when any form of legal status
8 existed at the time the offender committed an offense before
9 the court for sentencing. Four (4) sentence points are
10 assessed for an offender's legal status.
11
12 Community sanction violation points are assessed when a
13 community sanction violation is before the court for
14 sentencing. Six (6) sentence points are assessed for each
15 community sanction violation, and each successive community
16 sanction violation; however, if the community sanction
17 violation includes a new felony conviction before the
18 sentencing court, twelve (12) community sanction violation
19 points are assessed for such violation, and for each
20 successive community sanction violation involving a new felony
21 conviction. Multiple counts of community sanction violations
22 before the sentencing court shall not be a basis for
23 multiplying the assessment of community sanction violation
24 points.
25
26 Prior serious felony points: If the offender has a primary
27 offense or any additional offense ranked in level 8, level 9,
28 or level 10, and one or more prior serious felonies, a single
29 assessment of 30 points shall be added. For purposes of this
30 section, a prior serious felony is an offense in the
31 offender's prior record that is ranked in level 8, level 9, or
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1 level 10 under s. 921.0022 or s. 921.0023 and for which the
2 offender is serving a sentence of confinement, supervision, or
3 other sanction or for which the offender's date of release
4 from confinement, supervision, or other sanction, whichever is
5 later, is within 3 years before the date the primary offense
6 or any additional offense was committed.
7
8 Prior capital felony points: If the offender has one or more
9 prior capital felonies, points shall be added to the subtotal
10 sentence points of the offender equal to twice the number of
11 points the offender receives for the primary offense and any
12 additional offense. A prior capital felony is a capital
13 felony offense for which the offender has been found guilty;
14 or a felony in another jurisdiction which is a capital felony
15 in that jurisdiction, or would be a capital felony if the
16 offense were committed in this state.
17
18 Possession of a firearm, semiautomatic firearm, or machine
19 gun: If the offender is convicted of committing or attempting
20 to commit any felony other than those enumerated in s.
21 775.087(2) while having in his possession: a firearm as
22 defined in s. 790.001(6), an additional 18 sentence points are
23 assessed; or if the offender is convicted of committing or
24 attempting to commit any felony other than those enumerated in
25 s. 775.087(3) while having in his possession a semiautomatic
26 firearm as defined in s. 775.087(3) or a machine gun as
27 defined in s. 790.001(9), an additional 25 sentence points are
28 assessed.
29
30 Sentencing multipliers:
31
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1 Drug trafficking: If the primary offense is drug trafficking
2 under s. 893.135, the subtotal sentence points are multiplied,
3 at the discretion of the court, for a level 7 or level 8
4 offense, by 1.5. The state attorney may move the sentencing
5 court to reduce or suspend the sentence of a person convicted
6 of a level 7 or level 8 offense, if the offender provides
7 substantial assistance as described in s. 893.135(4).
8
9 Law enforcement protection: If the primary offense is a
10 violation of the Law Enforcement Protection Act under s.
11 775.0823(2), the subtotal sentence points are multiplied by
12 2.5. If the primary offense is a violation of s. 775.0823(3),
13 (4), (5), (6), (7), or (8), the subtotal sentence points are
14 multiplied by 2.0. If the primary offense is a violation of s.
15 784.07(3) or s. 775.0875(1), or of the Law Enforcement
16 Protection Act under s. 775.0823(9) or (10), the subtotal
17 sentence points are multiplied by 1.5.
18
19 Grand theft of a motor vehicle: If the primary offense is
20 grand theft of the third degree involving a motor vehicle and
21 in the offender's prior record, there are three or more grand
22 thefts of the third degree involving a motor vehicle, the
23 subtotal sentence points are multiplied by 1.5.
24
25 Criminal street gang member: If the offender is convicted of
26 the primary offense and is found to have been a member of a
27 criminal street gang at the time of the commission of the
28 primary offense pursuant to s. 874.04, the subtotal sentence
29 points are multiplied by 1.5.
30 (2) The lowest permissible sentence in prison months
31 that may be imposed by the court, absent a valid reason to
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1 depart, shall be calculated by subtracting 28 points from the
2 total sentence points to arrive at the base line total, and
3 decreasing the base line total by 25 percent. If the lowest
4 permissible sentence in prison months is less than or equal to
5 12, a nonstate prison sanction may be imposed.
6 (3) The highest permissible sentence absent a reason
7 to depart that may be imposed by the court is 75 percent of
8 the statutory maximum period of incarceration, or 75 percent
9 above the base line total as calculated under the Criminal
10 Punishment Code in the court's discretion. However, the
11 greatest permissible sentence for a life felony or a felony of
12 the first degree punishable by life is 25 years, absent a
13 valid reason to depart.
14 (4) A single scoresheet shall be prepared for each
15 defendant, except that if the defendant is before the court
16 for sentencing for more than one felony and the felonies were
17 committed under more than one version or revision of the
18 guidelines or the code, separate scoresheets must be prepared.
19 The scoresheet or scoresheets must cover all the defendant's
20 offenses pending before the court for sentencing. Either the
21 office of the state attorney or the Department of Corrections,
22 or both where appropriate, shall prepare the scoresheet or
23 scoresheets, which must be presented to the defense counsel
24 for review for accuracy in all cases unless the judge directs
25 otherwise. The defendant's scoresheet or scoresheets must be
26 approved and signed by the sentencing judge.
27 (5) The clerks of the circuit courts for the
28 individual counties shall distribute sufficient copies of the
29 Criminal Punishment Code scoresheets to those persons charged
30 with the responsibility for preparing scoresheets, either the
31
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1 office of the state attorney or the Department of Corrections,
2 or both where appropriate.
3 (6) The clerk of the circuit court shall transmit a
4 complete, accurate, and legible copy of the Criminal
5 Punishment Code scoresheet used in each guidelines sentencing
6 proceeding to the Department of Corrections. Scoresheets must
7 be transmitted no less frequently than monthly, by the first
8 of each month, and may be sent collectively.
9 (7) A copy of the individual offender's Criminal
10 Punishment Code scoresheet and any attachments thereto must be
11 attached to the copy of the uniform judgment and sentence form
12 provided to the Department of Corrections.
13 Section 8. Section 921.0026, Florida Statutes, is
14 created to read:
15 921.0026 Aggravating and mitigating circumstances.--
16 (1) A sentence imposing a period of incarceration
17 greater than that provided in paragraph (a) or (b) of this
18 subsection is discouraged unless there are aggravating
19 circumstances or factors that reasonably justify a higher
20 sentence:
21 (a) A sentence that is 75 percent of the statutory
22 maximum period of incarceration for felonies of the first
23 degree, second degree, or third degree, or a sentence up to
24 the base line total as calculated under the Criminal
25 Punishment Code increased by 75 percent in the court's
26 discretion.
27 (b) In the case of a life felony or a felony of the
28 first degree punishable by life, a sentence of 25 years.
29 (2) AGGRAVATING CIRCUMSTANCES.--Aggravating
30 circumstances include, but are not limited to:
31
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CS/HB 241, First Engrossed
1 (a) The departure results from a legitimate, uncoerced
2 plea bargain.
3 (b) The offense was one of violence and was committed
4 in a manner that was especially heinous, atrocious, or cruel.
5 (c) The offenses before the court for sentencing arose
6 out of separate episodes; the primary offense is scored at
7 offense level 4 or higher; and the defendant has committed
8 five or more offenses within a 180-day period that have
9 resulted in convictions.
10 (d) The primary offense is scored at offense level 3
11 and the defendant has committed eight or more offenses within
12 a 180-day period that have resulted in convictions.
13 (e) The offense before the court for disposition was
14 committed within 6 months after the defendant was discharged
15 from a release program, as defined in s. 921.0011(6), or
16 released from state prison, whichever is later.
17 (f) The defendant occupied a leadership role in a
18 criminal organization.
19 (g) The offense was committed by a public official
20 under color of office.
21 (h) The defendant knew the victim was a law
22 enforcement officer at the time of the offense; the offense
23 was a violent offense; and that status is not an element of
24 the primary offense.
25 (i) The offense created a substantial risk of death or
26 great bodily harm to many persons or to one or more small
27 children.
28 (j) The victim was especially vulnerable due to age or
29 physical or mental disability.
30
31
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CS/HB 241, First Engrossed
1 (k) The offense was motivated by prejudice based on
2 race, color, ancestry, ethnicity, religion, sexual
3 orientation, or national origin of the victim.
4 (l) The victim suffered extraordinary physical or
5 emotional trauma or permanent physical injury, or was treated
6 with particular cruelty.
7 (m) The victim was physically attacked by the
8 defendant in the presence of one or more members of the
9 victim's family.
10 (n) The offense resulted in substantial economic
11 hardship to a victim and consisted of an illegal act or acts
12 committed by means of concealment, guile, or fraud to obtain
13 money or property, to avoid payment or loss of money or
14 property, or to obtain business or professional advantage,
15 when two or more of the following circumstances were present:
16 1. The offense involved multiple victims or multiple
17 incidents per victim;
18 2. The offense involved a high degree of
19 sophistication or planning or occurred over a lengthy period
20 of time;
21 3. The defendant used position or status to facilitate
22 the commission of the offense, including positions of trust,
23 confidence, or fiduciary relationship; or
24 4. The defendant was in the past involved in other
25 conduct similar to that involved in the current offense.
26 (o) The offense was committed in order to prevent or
27 avoid arrest, to impede or prevent prosecution for the conduct
28 underlying the offense, or to effect an escape from custody.
29 (p) The defendant is not amenable to rehabilitation or
30 supervision, as evidenced by an escalating pattern of criminal
31 conduct as described in s. 921.001(8).
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1 (q) The defendant induced a minor to participate in
2 any of the offenses pending before the court for disposition.
3 (r) The primary offense is scored at offense level 7
4 or higher and the defendant has been convicted of one more
5 offense that scored, or would have scored, at an offense level
6 8 or higher.
7 (s) The defendant has an extensive unscoreable
8 juvenile record.
9 (t) The defendant committed an offense involving
10 sexual contact or sexual penetration and as a direct result of
11 the offense, the victim contracted a sexually transmissible
12 disease.
13 (3) A downward departure from the permissible sentence
14 is discouraged unless there are circumstances or factors that
15 reasonably justify the downward departure. Mitigating factors
16 to be considered include, but are not limited to, those listed
17 in subsection (4).
18 (4) MITIGATING CIRCUMSTANCES.--Mitigating
19 circumstances under which a departure from the permissible
20 sentencing range is reasonably justified include, but are not
21 limited to:
22 (a) The departure results from a legitimate, uncoerced
23 plea bargain.
24 (b) The defendant was an accomplice to the offense and
25 was a relatively minor participant in the criminal conduct.
26 (c) The capacity of the defendant to appreciate the
27 criminal nature of the conduct or to conform that conduct to
28 the requirements of law was substantially impaired. However,
29 a person's capacity, if diminished by the influence of alcohol
30 or controlled substances at the time of the offense, may not
31
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CS/HB 241, First Engrossed
1 in any manner be considered a reason to impose a sentence
2 below the guidelines.
3 (d) The defendant requires specialized treatment for a
4 mental disorder, or physical disability, and the defendant is
5 amenable to treatment. However, addiction, alcoholism,
6 substance abuse, or any interest in treatment for these
7 conditions, may not in any manner be considered as a reason to
8 impose a sentence below the guidelines.
9 (e) The need for payment of restitution to the victim
10 outweighs the need for a prison sentence.
11 (f) The victim was an initiator, willing participant,
12 aggressor, or provoker of the incident.
13 (g) The defendant acted under extreme duress or under
14 the domination of another person.
15 (h) Before the identity of the defendant was
16 determined, the victim was substantially compensated.
17 (i) The defendant cooperated with the state to resolve
18 the current offense or any other offense.
19 (j) The offense was committed in an unsophisticated
20 manner and was an isolated incident for which the defendant
21 has shown remorse.
22 (k) At the time of the offense the defendant was too
23 young to appreciate the consequences of the offense.
24 (l) The defendant is to be sentenced as a youthful
25 offender.
26 Section 9. Paragraph (b) of subsection (6) of section
27 20.315, Florida Statutes, 1996 Supplement, is amended to read:
28 20.315 Department of Corrections.--There is created a
29 Department of Corrections.
30 (6) FLORIDA CORRECTIONS COMMISSION.--
31 (b) The primary functions of the commission are to:
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CS/HB 241, First Engrossed
1 1. Recommend major correctional policies for the
2 Governor's approval, and assure that approved policies and any
3 revisions thereto are properly executed.
4 2. Periodically review the status of the state
5 correctional system and recommend improvements therein to the
6 Governor and the Legislature.
7 3. Perform an in-depth review of the recommendations
8 of the Sentencing Guidelines Commission on the need for
9 changes in the guidelines and of any alternative proposals
10 submitted by the Division of Economic and Demographic Research
11 of the Joint Legislative Management Committee to revise
12 statewide sentencing guidelines.
13 3.4. Annually perform an in-depth review of
14 community-based intermediate sanctions and recommend to the
15 Governor and the Legislature intergovernmental approaches
16 through the Community Corrections Partnership Act for planning
17 and implementing such sanctions and programs.
18 4.5. Perform an in-depth evaluation of the annual
19 budget request of the Department of Corrections, the
20 comprehensive correctional master plan, and the tentative
21 construction program for compliance with all applicable laws
22 and established departmental policies. The commission may not
23 consider individual construction projects, but shall consider
24 methods of accomplishing the department's goals in the most
25 effective, efficient, and businesslike manner.
26 5.6. Routinely monitor the financial status of the
27 Department of Corrections to assure that the department is
28 managing revenue and any applicable bond proceeds responsibly
29 and in accordance with law and established policy.
30 6.7. Evaluate, at least quarterly, the efficiency,
31 productivity, and management of the Department of Corrections,
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CS/HB 241, First Engrossed
1 using performance and production standards developed by the
2 department under subsection (18).
3 7.8. Provide public education on corrections and
4 criminal justice issues.
5 8.9. Report to the President of the Senate, the
6 Speaker of the House of Representatives, and the Governor by
7 November 1 of each year. The first annual report of the
8 commission shall be made by November 1, 1995.
9 Section 10. Subsection (4) of section 39.0581, Florida
10 Statutes, 1996 Supplement, is amended to read:
11 39.0581 Maximum-risk residential program.--A
12 maximum-risk residential program is a physically secure
13 residential commitment program with a designated length of
14 stay from 18 months to 36 months, primarily serving children
15 13 years of age to 19 years of age, or until the jurisdiction
16 of the court expires. The court may retain jurisdiction over
17 the child until the child reaches the age of 21, specifically
18 for the purpose of the child completing the program. Each
19 child committed to this level must meet one of the following
20 criteria:
21 (4) The youth is at least 13 years of age at the time
22 of the disposition for the current offense, the youth is
23 eligible for prosecution as an adult for the current offense,
24 and the current offense is ranked at level 7 or higher on the
25 Criminal Punishment Code sentencing guidelines offense
26 severity ranking chart pursuant to s. 921.0022 s. 921.0012.
27 Section 11. Section 775.0823, Florida Statutes, is
28 amended to read:
29 775.0823 Violent offenses committed against law
30 enforcement officers, correctional officers, state attorneys,
31 assistant state attorneys, justices, or judges.--Any provision
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1 of law to the contrary notwithstanding, the Legislature does
2 hereby provide for an increase and certainty of penalty for
3 any person convicted of a violent offense against any law
4 enforcement or correctional officer, as defined in s.
5 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
6 attorney elected pursuant to s. 27.01 or assistant state
7 attorney appointed under s. 27.181; or against any justice or
8 judge of a court described in Art. V of the State
9 Constitution, which offense arises out of or in the scope of
10 the officer's duty as a law enforcement or correctional
11 officer, the state attorney's or assistant state attorney's
12 duty as a prosecutor or investigator, or the justice's or
13 judge's duty as a judicial officer, as follows:
14 (1) For murder in the first degree as described in s.
15 782.04(1), if the death sentence is not imposed, a sentence of
16 imprisonment for life without eligibility for release.
17 (2) For attempted murder in the first degree as
18 described in s. 782.04(1), a sentence pursuant to the Criminal
19 Punishment Code sentencing guidelines.
20 (3) For murder in the second degree as described in s.
21 782.04(2) and (3), a sentence pursuant to the Criminal
22 Punishment Code sentencing guidelines.
23 (4) For attempted murder in the second degree as
24 described in s. 782.04(2) and (3), a sentence pursuant to the
25 Criminal Punishment Code sentencing guidelines.
26 (5) For murder in the third degree as described in s.
27 782.04(4), a sentence pursuant to the Criminal Punishment Code
28 sentencing guidelines.
29 (6) For attempted murder in the third degree as
30 described in s. 782.04(4), a sentence pursuant to the Criminal
31 Punishment Code sentencing guidelines.
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1 (7) For manslaughter as described in s. 782.07 during
2 the commission of a crime, a sentence pursuant to the Criminal
3 Punishment Code sentencing guidelines.
4 (8) For kidnapping as described in s. 787.01, a
5 sentence pursuant to the Criminal Punishment Code sentencing
6 guidelines.
7 (9) For aggravated battery as described in s. 784.045,
8 a sentence pursuant to the Criminal Punishment Code sentencing
9 guidelines.
10 (10) For aggravated assault as described in s.
11 784.021, a sentence pursuant to the Criminal Punishment Code
12 sentencing guidelines.
13
14 Notwithstanding the provisions of s. 948.01, with respect to
15 any person who is found to have violated this section,
16 adjudication of guilt or imposition of sentence shall not be
17 suspended, deferred, or withheld.
18 Section 12. Paragraphs (a) and (b) of subsection (3)
19 and paragraph (g) of subsection (4) of section 775.084,
20 Florida Statutes, 1996 Supplement, are amended to read:
21 775.084 Violent career criminals; habitual felony
22 offenders and habitual violent felony offenders; definitions;
23 procedure; enhanced penalties.--
24 (3)(a) In a separate proceeding, the court shall
25 determine if the defendant is a habitual felony offender or a
26 habitual violent felony offender. The procedure shall be as
27 follows:
28 1. The court shall obtain and consider a presentence
29 investigation prior to the imposition of a sentence as a
30 habitual felony offender or a habitual violent felony
31 offender.
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1 2. Written notice shall be served on the defendant and
2 the defendant's attorney a sufficient time prior to the entry
3 of a plea or prior to the imposition of sentence in order to
4 allow the preparation of a submission on behalf of the
5 defendant.
6 3. Except as provided in subparagraph 1., all evidence
7 presented shall be presented in open court with full rights of
8 confrontation, cross-examination, and representation by
9 counsel.
10 4. Each of the findings required as the basis for such
11 sentence shall be found to exist by a preponderance of the
12 evidence and shall be appealable to the extent normally
13 applicable to similar findings.
14 5. For the purpose of identification of a habitual
15 felony offender or a habitual violent felony offender, the
16 court shall fingerprint the defendant pursuant to s. 921.241.
17 6. For an offense committed on or after October 1,
18 1995, if the state attorney pursues a habitual felony offender
19 sanction or a habitual violent felony offender sanction
20 against the defendant and the court, in a separate proceeding
21 pursuant to this paragraph, determines that the defendant
22 meets the criteria under subsection (1) for imposing such
23 sanction, the court must sentence the defendant as a habitual
24 felony offender or a habitual violent felony offender, subject
25 to imprisonment pursuant to this section unless the court
26 finds that such sentence is not necessary for the protection
27 of the public. If the court finds that it is not necessary
28 for the protection of the public to sentence the defendant as
29 a habitual felony offender or a habitual violent felony
30 offender, the court shall provide written reasons; a written
31 transcript of orally stated reasons is permissible, if filed
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1 by the court within 7 days after the date of sentencing. Each
2 month, the court shall submit to the Sentencing Commission the
3 written reasons or transcripts in each case in which the court
4 determines not to impose a habitual felony offender sanction
5 or a habitual violent felony offender sanction.
6 (b) In a separate proceeding, the court shall
7 determine whether the defendant is a violent career criminal
8 with respect to a primary offense committed on or after
9 October 1, 1995. The procedure shall be as follows:
10 1. Written notice shall be served on the defendant and
11 the defendant's attorney a sufficient time prior to the entry
12 of a plea or prior to the imposition of sentence in order to
13 allow the preparation of a submission on behalf of the
14 defendant.
15 2. All evidence presented shall be presented in open
16 court with full rights of confrontation, cross-examination,
17 and representation by counsel.
18 3. Each of the findings required as the basis for such
19 sentence shall be found to exist by a preponderance of the
20 evidence and shall be appealable only as provided in paragraph
21 (c).
22 4. For the purpose of identification, the court shall
23 fingerprint the defendant pursuant to s. 921.241.
24 5. For an offense committed on or after October 1,
25 1995, if the state attorney pursues a violent career criminal
26 sanction against the defendant and the court, in a separate
27 proceeding pursuant to this paragraph, determines that the
28 defendant meets the criteria under subsection (1) for imposing
29 such sanction, the court must sentence the defendant as a
30 violent career criminal, subject to imprisonment pursuant to
31 this section unless the court finds that such sentence is not
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1 necessary for the protection of the public. If the court
2 finds that it is not necessary for the protection of the
3 public to sentence the defendant as a violent career criminal,
4 the court shall provide written reasons; a written transcript
5 of orally stated reasons is permissible, if filed by the court
6 within 7 days after the date of sentencing. Each month, the
7 court shall submit to the Sentencing Commission the written
8 reasons or transcripts in each case in which the court
9 determines not to impose a violent career criminal sanction.
10 (4)
11 (g) A sentence imposed under this section is not
12 subject to s. 921.002 s. 921.001.
13 Section 13. Section 775.0845, Florida Statutes, is
14 amended to read:
15 775.0845 Wearing mask while committing offense;
16 enhanced penalties.--The penalty for any criminal offense,
17 other than a violation of ss. 876.12-876.15, shall be
18 increased as provided in this section if, while committing the
19 offense, the offender was wearing a hood, mask, or other
20 device that concealed his identity.
21 (1)(a) A misdemeanor of the second degree shall be
22 punishable as if it were a misdemeanor of the first degree.
23 (b) A misdemeanor of the first degree shall be
24 punishable as if it were a felony of the third degree. For
25 purposes of sentencing under chapter 921 and determining
26 incentive gain-time eligibility under chapter 944, such
27 offense is ranked in level 2 of the offense severity ranking
28 chart.
29 (2)(a) A felony of the third degree shall be
30 punishable as if it were a felony of the second degree.
31
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1 (b) A felony of the second degree shall be punishable
2 as if it were a felony of the first degree.
3
4 For purposes of sentencing under chapter 921 and determining
5 incentive gain-time eligibility under chapter 944, a felony
6 offense which is reclassified under this subsection is ranked
7 one level above the ranking under s. 921.0022 s. 921.0012 or
8 s. 921.0023 s. 921.0013 of the offense committed.
9 Section 14. Subsection (1) of section 775.087, Florida
10 Statutes, 1996 Supplement, is amended to read:
11 775.087 Possession or use of weapon; aggravated
12 battery; felony reclassification; minimum sentence.--
13 (1) Unless otherwise provided by law, whenever a
14 person is charged with a felony, except a felony in which the
15 use of a weapon or firearm is an essential element, and during
16 the commission of such felony the defendant carries, displays,
17 uses, threatens, or attempts to use any weapon or firearm, or
18 during the commission of such felony the defendant commits an
19 aggravated battery, the felony for which the person is charged
20 shall be reclassified as follows:
21 (a) In the case of a felony of the first degree, to a
22 life felony.
23 (b) In the case of a felony of the second degree, to a
24 felony of the first degree.
25 (c) In the case of a felony of the third degree, to a
26 felony of the second degree.
27
28 For purposes of sentencing under chapter 921 and determining
29 incentive gain-time eligibility under chapter 944, a felony
30 offense which is reclassified under this section is ranked one
31
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1 level above the ranking under s. 921.0022 s. 921.0012 or s.
2 921.0023 s. 921.0013 of the felony offense committed.
3 Section 15. Section 775.0875, Florida Statutes, 1996
4 Supplement, is amended to read:
5 775.0875 Unlawful taking, possession, or use of law
6 enforcement officer's firearm; crime reclassification;
7 penalties.--
8 (1) A person who, without authorization, takes a
9 firearm from a law enforcement officer lawfully engaged in law
10 enforcement duties commits a felony of the third degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084.
13 (2) If a person violates subsection (1) and commits
14 any other crime involving the firearm taken from the law
15 enforcement officer, such crime shall be reclassified as
16 follows:
17 (a)1. In the case of a felony of the first degree, to
18 a life felony.
19 2. In the case of a felony of the second degree, to a
20 felony of the first degree.
21 3. In the case of a felony of the third degree, to a
22 felony of the second degree.
23
24 For purposes of sentencing under chapter 921 and determining
25 incentive gain-time eligibility under chapter 944, a felony
26 offense that is reclassified under this paragraph is ranked
27 one level above the ranking under s. 921.0022 s. 921.0012 or
28 s. 921.0023 s. 921.0013 of the felony offense committed.
29 (b) In the case of a misdemeanor, to a felony of the
30 third degree. For purposes of sentencing under chapter 921 and
31 determining incentive gain-time eligibility under chapter 944,
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1 such offense is ranked in level 2 of the offense severity
2 ranking chart.
3 (3) A person who possesses a firearm that he or she
4 knows was unlawfully taken from a law enforcement officer
5 commits a misdemeanor of the first degree, punishable as
6 provided in s. 775.082 or s. 775.083.
7 Section 16. Section 777.03, Florida Statutes, is
8 amended to read:
9 777.03 Accessory after the fact.--
10 (1) Any person not standing in the relation of husband
11 or wife, parent or grandparent, child or grandchild, brother
12 or sister, by consanguinity or affinity to the offender, who
13 maintains or assists the principal or accessory before the
14 fact, or gives the offender any other aid, knowing that the
15 offender had committed a felony or been accessory thereto
16 before the fact, with intent that the offender avoids or
17 escapes detection, arrest, trial or punishment, is an
18 accessory after the fact.
19 (2)(a) If the felony offense committed is a capital
20 felony, the offense of accessory after the fact is a felony of
21 the first degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 (b) If the felony offense committed is a life felony
24 or a felony of the first degree, the offense of accessory
25 after the fact is a felony of the second degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (c) If the felony offense committed is a felony of the
28 second degree or a felony of the third degree ranked in level
29 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 s. 921.0012 or s.
30 921.0023 s. 921.0013, the offense of accessory after the fact
31
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1 is a felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084.
3 (d) If the felony offense committed is a felony of the
4 third degree ranked in level 1 or level 2 under s. 921.0022 s.
5 921.0012 or s. 921.0023 s. 921.0013, the offense of accessory
6 after the fact is a misdemeanor of the first degree,
7 punishable as provided in s. 775.082, s. 775.083, or s.
8 775.084.
9 (3) Except as otherwise provided in s. 921.0022 s.
10 921.0012, for purposes of sentencing under chapter 921 and
11 determining incentive gain-time eligibility under chapter 944,
12 the offense of accessory after the fact is ranked two levels
13 below the ranking under s. 921.0022 s. 921.0012 or s. 921.0023
14 s. 921.0013 of the felony offense committed.
15 Section 17. Section 777.04, Florida Statutes, is
16 amended to read:
17 777.04 Attempts, solicitation, and conspiracy.--
18 (1) A person who attempts to commit an offense
19 prohibited by law and in such attempt does any act toward the
20 commission of such offense, but fails in the perpetration or
21 is intercepted or prevented in the execution thereof, commits
22 the offense of criminal attempt, ranked for purposes of
23 sentencing as provided in subsection (4). Criminal attempt
24 includes the act of an adult who, with intent to commit an
25 offense prohibited by law, allures, seduces, coaxes, or
26 induces a child under the age of 12 to engage in an offense
27 prohibited by law.
28 (2) A person who solicits another to commit an offense
29 prohibited by law and in the course of such solicitation
30 commands, encourages, hires, or requests another person to
31 engage in specific conduct which would constitute such offense
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1 or an attempt to commit such offense commits the offense of
2 criminal solicitation, ranked for purposes of sentencing as
3 provided in subsection (4).
4 (3) A person who agrees, conspires, combines, or
5 confederates with another person or persons to commit any
6 offense commits the offense of criminal conspiracy, ranked for
7 purposes of sentencing as provided in subsection (4).
8 (4)(a) Except as otherwise provided in ss. 828.125(2),
9 849.25(4), 893.135(5), and 921.0022 921.0012, the offense of
10 criminal attempt, criminal solicitation, or criminal
11 conspiracy is ranked for purposes of sentencing under chapter
12 921 and determining incentive gain-time eligibility under
13 chapter 944 one level below the ranking under s. 921.0022 s.
14 921.0012 or s. 921.0023 s. 921.0013 of the offense attempted,
15 solicited, or conspired to. If the criminal attempt, criminal
16 solicitation, or criminal conspiracy is of an offense ranked
17 in level 1 or level 2 under s. 921.0022 s. 921.0012 or s.
18 921.0023 s. 921.0013, such offense is a misdemeanor of the
19 first degree, punishable as provided in s. 775.082 or s.
20 775.083.
21 (b) If the offense attempted, solicited, or conspired
22 to is a capital felony, the offense of criminal attempt,
23 criminal solicitation, or criminal conspiracy is a felony of
24 the first degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26 (c) Except as otherwise provided in s. 893.135(5), if
27 the offense attempted, solicited, or conspired to is a life
28 felony or a felony of the first degree, the offense of
29 criminal attempt, criminal solicitation, or criminal
30 conspiracy is a felony of the second degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084.
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1 (d) Except as otherwise provided in s. 828.125(2) or
2 s. 849.25(4), if the offense attempted, solicited, or
3 conspired to is a:
4 1. Felony of the second degree;
5 2. Burglary that is a felony of the third degree; or
6 3. Felony of the third degree ranked in level 3, 4, 5,
7 6, 7, 8, 9, or 10 under s. 921.0022 s. 921.0012 or s. 921.0023
8 s. 921.0013,
9
10 the offense of criminal attempt, criminal solicitation, or
11 criminal conspiracy is a felony of the third degree,
12 punishable as provided in s. 775.082, s. 775.083, or s.
13 775.084.
14 (e) Except as otherwise provided in s. 849.25(4) or
15 paragraph (d), if the offense attempted, solicited, or
16 conspired to is a felony of the third degree, the offense of
17 criminal attempt, criminal solicitation, or criminal
18 conspiracy is a misdemeanor of the first degree, punishable as
19 provided in s. 775.082 or s. 775.083.
20 (f) If the offense attempted, solicited, or conspired
21 to is a misdemeanor of the first or second degree, the offense
22 of criminal attempt, criminal solicitation, or criminal
23 conspiracy is a misdemeanor of the second degree, punishable
24 as provided in s. 775.082 or s. 775.083.
25 (5) It is a defense to a charge of criminal attempt,
26 criminal solicitation, or criminal conspiracy that, under
27 circumstances manifesting a complete and voluntary
28 renunciation of his criminal purpose, the defendant:
29 (a) Abandoned his attempt to commit the offense or
30 otherwise prevented its commission;
31
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1 (b) After soliciting another person to commit an
2 offense, persuaded such other person not to do so or otherwise
3 prevented commission of the offense; or
4 (c) After conspiring with one or more persons to
5 commit an offense, persuaded such persons not to do so or
6 otherwise prevented commission of the offense.
7 Section 18. Section 782.051, Florida Statutes, 1996
8 Supplement, is amended to read:
9 782.051 Felony causing bodily injury.--
10 (1) Any person who perpetrates or attempts to
11 perpetrate any felony enumerated in s. 782.04(3) and who
12 commits, aids, or abets an act that causes bodily injury to
13 another commits a felony of the first degree, punishable by
14 imprisonment for a term of years not exceeding life, or as
15 provided in s. 775.082, s. 775.083, or s. 775.084, which is an
16 offense ranked in level 9 of the Criminal Punishment Code
17 sentencing guidelines. Victim injury points shall be scored
18 under this subsection.
19 (2) Any person who perpetrates or attempts to
20 perpetrate any felony other than a felony enumerated in s.
21 782.04(3) and who commits, aids, or abets an act that causes
22 bodily injury to another commits a felony of the first degree,
23 punishable as provided in s. 775.082, s. 775.083, or s.
24 775.084, which is an offense ranked in level 8 of the Criminal
25 Punishment Code sentencing guidelines. Victim injury points
26 shall be scored under this subsection.
27 (3) When a person is injured during the perpetration
28 of or the attempt to perpetrate any felony enumerated in s.
29 782.04(3) by a person other than the person engaged in the
30 perpetration of or the attempt to perpetrate such felony, the
31 person perpetrating or attempting to perpetrate such felony
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1 commits a felony of the second degree, punishable as provided
2 in s. 775.082, s. 775.083, or s. 775.084, which is an offense
3 ranked in level 7 of the Criminal Punishment Code sentencing
4 guidelines. Victim injury points shall be scored under this
5 subsection.
6 Section 19. Subsection (1) of section 784.08, Florida
7 Statutes, is amended to read:
8 784.08 Assault or battery on persons 65 years of age
9 or older; reclassification of offenses; minimum sentence.--
10 (1) A person who is convicted of an aggravated assault
11 or aggravated battery upon a person 65 years of age or older
12 shall be sentenced pursuant to the Criminal Punishment Code
13 sentencing guidelines and fined not more than $10,000 and
14 shall also be ordered by the sentencing judge to make
15 restitution to the victim of such offense and to perform up to
16 500 hours of community service work. Restitution and
17 community service work shall be in addition to any fine or
18 sentence which may be imposed and shall not be in lieu
19 thereof.
20 Section 20. Subsection (2) of section 794.023, Florida
21 Statutes, is amended to read:
22 794.023 Sexual battery by multiple perpetrators;
23 enhanced penalties.--
24 (2) The penalty for a violation of s. 794.011 shall be
25 increased as provided in this subsection if it is charged and
26 proven by the prosecution that, during the same criminal
27 transaction or episode, more than one person committed an act
28 of sexual battery on the same victim.
29 (a) A felony of the second degree shall be punishable
30 as if it were a felony of the first degree.
31
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1 (b) A felony of the first degree shall be punishable
2 as if it were a life felony.
3
4 This subsection does not apply to life felonies or capital
5 felonies. For purposes of sentencing under chapter 921 and
6 determining incentive gain-time eligibility under chapter 944,
7 a felony offense that which is reclassified under this
8 subsection is ranked one level above the ranking under s.
9 921.0022 s. 921.0012 or s. 921.0023 s. 921.0013 of the offense
10 committed.
11 Section 21. Section 874.04, Florida Statutes, 1996
12 Supplement, is amended to read:
13 874.04 Criminal street gang activity; enhanced
14 penalties.--Upon a finding by the court at sentencing that the
15 defendant is a member of a criminal street gang, the penalty
16 for any felony or misdemeanor, or any delinquent act or
17 violation of law which would be a felony or misdemeanor if
18 committed by an adult, may be enhanced if the offender was a
19 member of a criminal street gang at the time of the commission
20 of such offense. Each of the findings required as a basis for
21 such sentence shall be found by a preponderance of the
22 evidence. The enhancement will be as follows:
23 (1)(a) A misdemeanor of the second degree may be
24 punished as if it were a misdemeanor of the first degree.
25 (b) A misdemeanor of the first degree may be punished
26 as if it were a felony of the third degree. For purposes of
27 sentencing under chapter 921 and determining incentive
28 gain-time eligibility under chapter 944, such offense is
29 ranked in level 1 of the offense severity ranking chart. The
30 criminal street gang multiplier in s. 921.0024 s. 921.0014
31 does not apply to misdemeanors enhanced under this paragraph.
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1 (2)(a) A felony of the third degree may be punished as
2 if it were a felony of the second degree.
3 (b) A felony of the second degree may be punished as
4 if it were a felony of the first degree.
5 (c) A felony of the first degree may be punished as if
6 it were a life felony.
7
8 For purposes of sentencing under chapter 921 and determining
9 incentive gain-time eligibility under chapter 944, such felony
10 offense is ranked as provided in s. 921.0022 s. 921.0012 or s.
11 921.0023 s. 921.0013, and without regard to the penalty
12 enhancement in this subsection. For purposes of this section,
13 penalty enhancement affects the applicable statutory maximum
14 penalty only.
15 Section 22. Subsections (10) and (11) of section
16 893.13, Florida Statutes, 1996 Supplement, are amended to
17 read:
18 893.13 Prohibited acts; penalties.--
19 (10) Notwithstanding any provision of the sentencing
20 guidelines or the Criminal Punishment Code to the contrary, on
21 or after October 1, 1993, any defendant who:
22 (a) Violates subparagraph (1)(a)1., subparagraph
23 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
24 paragraph (5)(a); and
25 (b) Has not previously been convicted, regardless of
26 whether adjudication was withheld, of any felony, other than a
27 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
28 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
29 (5)(a),
30
31
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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 (11) 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 23. Subsection (1) of section 893.135, Florida
18 Statutes, 1996 Supplement, is amended to read:
19 893.135 Trafficking; mandatory sentences; suspension
20 or reduction of sentences; conspiracy to engage in
21 trafficking.--
22 (1) Except as authorized in this chapter or in chapter
23 499 and notwithstanding the provisions of s. 893.13:
24 (a) Any person who knowingly sells, purchases,
25 manufactures, delivers, or brings into this state, or who is
26 knowingly in actual or constructive possession of, in excess
27 of 50 pounds of cannabis commits a felony of the first degree,
28 which felony shall be known as "trafficking in cannabis." If
29 the quantity of cannabis involved:
30 1. Is in excess of 50 pounds, but less than 2,000
31 pounds, such person shall be sentenced pursuant to the
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1 Criminal Punishment Code sentencing guidelines and pay a fine
2 of $25,000.
3 2. Is 2,000 pounds or more, but less than 10,000
4 pounds, such person shall be sentenced pursuant to the
5 Criminal Punishment Code sentencing guidelines and pay a fine
6 of $50,000.
7 3. Is 10,000 pounds or more, such person shall be
8 sentenced to a mandatory minimum term of imprisonment of 15
9 calendar years and pay a fine of $200,000.
10 (b)1. Any person who knowingly sells, purchases,
11 manufactures, delivers, or brings into this state, or who is
12 knowingly in actual or constructive possession of, 28 grams or
13 more of cocaine, as described in s. 893.03(2)(a)4., or of any
14 mixture containing cocaine, but less than 150 kilograms of
15 cocaine or any such mixture, commits a felony of the first
16 degree, which felony shall be known as "trafficking in
17 cocaine." If the quantity involved:
18 a. Is 28 grams or more, but less than 200 grams, such
19 person shall be sentenced pursuant to the Criminal Punishment
20 Code sentencing guidelines and pay a fine of $50,000.
21 b. Is 200 grams or more, but less than 400 grams, such
22 person shall be sentenced pursuant to the Criminal Punishment
23 Code sentencing guidelines and pay a fine of $100,000.
24 c. Is 400 grams or more, but less than 150 kilograms,
25 such person shall be sentenced to a mandatory minimum term of
26 imprisonment of 15 calendar years and pay a fine of $250,000.
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, 150
30 kilograms or more, but less than 300 kilograms, of cocaine, as
31 described in s. 893.03(2)(a)4., commits the first degree
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1 felony of trafficking in cocaine. A person who has been
2 convicted of the first degree felony of trafficking in cocaine
3 under this subparagraph shall be punished by life imprisonment
4 and is ineligible for any form of discretionary early release
5 except pardon or executive clemency or conditional medical
6 release under s. 947.149. However, if the court determines
7 that, in addition to committing any act specified in this
8 paragraph:
9 a. The person intentionally killed an individual or
10 counseled, commanded, induced, procured, or caused the
11 intentional killing of an individual and such killing was the
12 result; or
13 b. The person's conduct in committing that act led to
14 a natural, though not inevitable, lethal result,
15
16 such person commits the capital felony of trafficking in
17 cocaine, punishable as provided in ss. 775.082 and 921.142.
18 Any person sentenced for a capital felony under this paragraph
19 shall also be sentenced to pay the maximum fine provided under
20 subparagraph 1.
21 3. Any person who knowingly brings into this state 300
22 kilograms or more of cocaine, as described in s.
23 893.03(2)(a)4., and who knows that the probable result of such
24 importation would be the death of any person, commits capital
25 importation of cocaine, a capital felony punishable as
26 provided in ss. 775.082 and 921.142. Any person sentenced for
27 a capital felony under this paragraph shall also be sentenced
28 to pay the maximum fine provided under subparagraph 1.
29 (c)1. 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, 4 grams or
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1 more of any morphine, opium, oxycodone, hydrocodone,
2 hydromorphone, or any salt, derivative, isomer, or salt of an
3 isomer thereof, including heroin, as described in s.
4 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture
5 containing any such substance, but less than 30 kilograms of
6 such substance or mixture, commits a felony of the first
7 degree, which felony shall be known as "trafficking in illegal
8 drugs." If the quantity involved:
9 a. Is 4 grams or more, but less than 14 grams, such
10 person shall be sentenced pursuant to the Criminal Punishment
11 Code sentencing guidelines and pay a fine of $50,000.
12 b. Is 14 grams or more, but less than 28 grams, such
13 person shall be sentenced pursuant to the Criminal Punishment
14 Code sentencing guidelines and pay a fine of $100,000.
15 c. Is 28 grams or more, but less than 30 kilograms,
16 such person shall be sentenced to a mandatory minimum term of
17 imprisonment of 25 calendar years and pay a fine of $500,000.
18 2. Any person who knowingly sells, purchases,
19 manufactures, delivers, or brings into this state, or who is
20 knowingly in actual or constructive possession of, 30
21 kilograms or more, but less than 60 kilograms, of any
22 morphine, opium, oxycodone, hydrocodone, hydromorphone, or any
23 salt, derivative, isomer, or salt of an isomer thereof,
24 including heroin, as described in s. 893.03(1)(b) or (2)(a),
25 or 30 kilograms or more, but less than 60 kilograms, of any
26 mixture containing any such substance, commits the first
27 degree felony of trafficking in illegal drugs. A person who
28 has been convicted of the first degree felony of trafficking
29 in illegal drugs under this subparagraph shall be punished by
30 life imprisonment and is ineligible for any form of
31 discretionary early release except pardon or executive
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1 clemency or conditional medical release under s. 947.149.
2 However, if the court determines that, in addition to
3 committing any act specified in this paragraph:
4 a. The person intentionally killed an individual or
5 counseled, commanded, induced, procured, or caused the
6 intentional killing of an individual and such killing was the
7 result; or
8 b. The person's conduct in committing that act led to
9 a natural, though not inevitable, lethal result,
10
11 such person commits the capital felony of trafficking in
12 illegal drugs, punishable as provided in ss. 775.082 and
13 921.142. Any person sentenced for a capital felony under this
14 paragraph shall also be sentenced to pay the maximum fine
15 provided under subparagraph 1.
16 3. Any person who knowingly brings into this state 60
17 kilograms or more of any morphine, opium, oxycodone,
18 hydrocodone, hydromorphone, or any salt, derivative, isomer,
19 or salt of an isomer thereof, including heroin, as described
20 in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any
21 mixture containing any such substance, and who knows that the
22 probable result of such importation would be the death of any
23 person, commits capital importation of illegal drugs, a
24 capital felony punishable as provided in ss. 775.082 and
25 921.142. Any person sentenced for a capital felony under this
26 paragraph shall also be sentenced to pay the maximum fine
27 provided under subparagraph 1.
28 (d)1. Any person who knowingly sells, purchases,
29 manufactures, delivers, or brings into this state, or who is
30 knowingly in actual or constructive possession of, 28 grams or
31 more of phencyclidine or of any mixture containing
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1 phencyclidine, as described in s. 893.03(2)(b), commits a
2 felony of the first degree, which felony shall be known as
3 "trafficking in phencyclidine." If the quantity involved:
4 a. Is 28 grams or more, but less than 200 grams, such
5 person shall be sentenced pursuant to the Criminal Punishment
6 Code sentencing guidelines and pay a fine of $50,000.
7 b. Is 200 grams or more, but less than 400 grams, such
8 person shall be sentenced pursuant to the Criminal Punishment
9 Code sentencing guidelines and pay a fine of $100,000.
10 c. Is 400 grams or more, but less than 800 grams, such
11 person shall be sentenced to a mandatory minimum term of
12 imprisonment of 15 calendar years and pay a fine of $250,000.
13 2. Any person who knowingly brings into this state 800
14 grams or more of phencyclidine or of any mixture containing
15 phencyclidine, as described in s. 893.03(2)(b), and who knows
16 that the probable result of such importation would be the
17 death of any person commits capital importation of
18 phencyclidine, a capital felony punishable as provided in ss.
19 775.082 and 921.142. Any person sentenced for a capital felony
20 under this paragraph shall also be sentenced to pay the
21 maximum fine provided under subparagraph 1.
22 (e)1. Any person who knowingly sells, purchases,
23 manufactures, delivers, or brings into this state, or who is
24 knowingly in actual or constructive possession of, 200 grams
25 or more of methaqualone or of any mixture containing
26 methaqualone, as described in s. 893.03(1)(d), commits a
27 felony of the first degree, which felony shall be known as
28 "trafficking in methaqualone." If the quantity involved:
29 a. Is 200 grams or more, but less than 5 kilograms,
30 such person shall be sentenced pursuant to the Criminal
31
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1 Punishment Code sentencing guidelines and pay a fine of
2 $50,000.
3 b. Is 5 kilograms or more, but less than 25 kilograms,
4 such person shall be sentenced pursuant to the Criminal
5 Punishment Code sentencing guidelines and pay a fine of
6 $100,000.
7 c. Is 25 kilograms or more, but less than 50
8 kilograms, such person shall be sentenced to a mandatory
9 minimum term of imprisonment of 15 calendar years and pay a
10 fine of $250,000.
11 2. Any person who knowingly brings into this state 50
12 kilograms or more of methaqualone or of any mixture containing
13 methaqualone, as described in s. 893.03(1)(d), and who knows
14 that the probable result of such importation would be the
15 death of any person commits capital importation of
16 methaqualone, a capital felony punishable as provided in ss.
17 775.082 and 921.142. Any person sentenced for a capital felony
18 under this paragraph shall also be sentenced to pay the
19 maximum fine provided under subparagraph 1.
20 (f)1. Any person who knowingly sells, purchases,
21 manufactures, delivers, or brings into this state, or who is
22 knowingly in actual or constructive possession of, 14 grams or
23 more of amphetamine, as described in s. 893.03(2)(c)2., or
24 methamphetamine, as described in s. 893.03(2)(c)4., or of any
25 mixture containing amphetamine or methamphetamine, or
26 phenylacetone, phenylacetic acid, or ephedrine in conjunction
27 with other chemicals and equipment utilized in the manufacture
28 of amphetamine or methamphetamine, commits a felony of the
29 first degree, which felony shall be known as "trafficking in
30 amphetamine." If the quantity involved:
31
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1 a. Is 14 grams or more, but less than 28 grams, such
2 person shall be sentenced pursuant to the Criminal Punishment
3 Code sentencing guidelines and pay a fine of $50,000.
4 b. Is 28 grams or more, but less than 200 grams, such
5 person shall be sentenced pursuant to the Criminal Punishment
6 Code sentencing guidelines and pay a fine of $100,000.
7 c. Is 200 grams or more, but less than 400 grams, such
8 person shall be sentenced to a mandatory minimum term of
9 imprisonment of 15 calendar years and pay a fine of $250,000.
10 2. Any person who knowingly brings into this state 400
11 grams or more of amphetamine, as described in s.
12 893.03(2)(c)2., or methamphetamine, as described in s.
13 893.03(2)(c)4., or of any mixture containing amphetamine or
14 methamphetamine, or phenylacetone, phenylacetic acid, or
15 ephedrine in conjunction with other chemicals and equipment
16 utilized in the manufacture of amphetamine or methamphetamine,
17 and who knows that the probable result of such importation
18 would be the death of any person commits capital importation
19 of amphetamine, a capital felony punishable as provided in ss.
20 775.082 and 921.142. Any person sentenced for a capital felony
21 under this paragraph shall also be sentenced to pay the
22 maximum fine provided under subparagraph 1.
23 Section 24. Subsection (2) of section 893.20, Florida
24 Statutes, 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 pursuant to the Criminal Punishment Code sentencing
29 guidelines and by a fine of $500,000.
30
31
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1 Section 25. Paragraph (b) of subsection (1) of section
2 921.187, Florida Statutes, 1996 Supplement, is amended to
3 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(10), 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(11), 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 26. Section 921.188, Florida Statutes, is
27 amended to read:
28 921.188 Placement of certain state inmates in local
29 detention facilities.--Effective June 17, 1993,
30 notwithstanding the provisions of ss. 775.08, former 921.001,
31 921.002, 921.187, 944.02, and 951.23, or any other law to the
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1 contrary, a person whose presumptive sentence is 1 year and 1
2 day up to 22 months in a state correctional institution may be
3 placed by the court into the custody of a local detention
4 facility as a condition of probation or community control for
5 a felony offense contained in sentencing guidelines categories
6 five through nine contained in Rules 3.701 and 3.988, Florida
7 Rules of Criminal Procedure, or similar levels described in s.
8 921.0022 s. 921.0012, except for such person whose total
9 sentence points are greater than 52 or less than 40. The court
10 may place such person for the duration of the presumptive
11 sentence. The court may only place a person in a local
12 detention facility pursuant to this section if there is a
13 contractual agreement between the chief correctional officer
14 of that county and the Department of Corrections. The contract
15 may include all operational functions, or only housing wherein
16 the department would provide staffing and medical costs. The
17 agreement must provide for a per diem or partial per diem
18 reimbursement for each person placed under this section, which
19 is payable by the Department of Corrections for the duration
20 of the offender's placement in the facility. The full per diem
21 reimbursement may not exceed the per diem published in the
22 Department of Corrections' most recent annual report for total
23 department facilities. This section does not limit the court's
24 ability to place a person in a local detention facility for
25 less than 1 year.
26 Section 27. Subsection (1) of section 924.06, Florida
27 Statutes, 1996 Supplement, is amended to read:
28 924.06 Appeal by defendant.--
29 (1) A defendant may appeal from:
30
31
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1 (a) A final judgment of conviction when probation has
2 not been granted under chapter 948, except as provided in
3 subsection (3);
4 (b) An order granting probation under chapter 948;
5 (c) An order revoking probation under chapter 948; or
6 (d) A sentence, on the ground that it is illegal.; or
7 (e) A sentence imposed outside the range permitted by
8 the guidelines authorized by chapter 921.
9 (e) A sentence imposed which is greater than 75
10 percent of the statutory maximum period of incarceration for
11 felonies of the first degree, second degree or third degree,
12 or a sentence that exceeds the base line total increased by 75
13 percent.
14 (f) In the case of a life felony or a felony of the
15 first degree punishable by life, a sentence which is greater
16 than twenty five years.
17 Section 28. Paragraph (i) of subsection (1) of section
18 924.07, Florida Statutes, 1996 Supplement, is amended to read:
19 924.07 Appeal by state.--
20 (1) The state may appeal from:
21 (i) A sentence imposed which is below the lowest
22 permissible sentence as permitted by the Criminal Punishment
23 Code under chapter 921.
24 Section 29. Paragraph (e) of subsection (5) of section
25 944.17, Florida Statutes, is amended to read:
26 944.17 Commitments and classification; transfers.--
27 (5) The department shall also refuse to accept a
28 person into the state correctional system unless the following
29 documents are presented in a completed form by the sheriff or
30 chief correctional officer, or a designated representative, to
31 the officer in charge of the reception process:
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1 (e) A copy of the Criminal Punishment Code sentencing
2 guidelines scoresheet and any attachments thereto prepared
3 pursuant to Rule 3.701, Florida Rules of Criminal Procedure.
4 Section 30. Subsection (5) of section 947.141, Florida
5 Statutes, is amended to read:
6 947.141 Violations of conditional release, control
7 release, or conditional medical release.--
8 (5) Effective for inmates whose offenses were
9 committed on or after July 1, 1995, notwithstanding the
10 provisions of ss. 775.08, former 921.001, 921.002, 921.187,
11 921.188, 944.02, and 951.23, or any other law to the contrary,
12 by such order as provided in subsection (4), the panel, upon a
13 finding of guilt, may, as a condition of continued
14 supervision, place the releasee in a local detention facility
15 for a period of incarceration not to exceed 22 months. Prior
16 to the expiration of the term of incarceration, or upon
17 recommendation of the chief correctional officer of that
18 county, the commission shall cause inquiry into the inmate's
19 release plan and custody status in the detention facility and
20 consider whether to restore the inmate to supervision, modify
21 the conditions of supervision, or enter an order of
22 revocation, thereby causing the return of the inmate to prison
23 to serve the sentence imposed. The provisions of this section
24 do not prohibit the panel from entering such other order or
25 conducting any investigation that it deems proper. The
26 commission may only place a person in a local detention
27 facility pursuant to this section if there is a contractual
28 agreement between the chief correctional officer of that
29 county and the Department of Corrections. The agreement must
30 provide for a per diem reimbursement for each person placed
31 under this section, which is payable by the Department of
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1 Corrections for the duration of the offender's placement in
2 the facility. This section does not limit the commission's
3 ability to place a person in a local detention facility for
4 less than 1 year.
5 Section 31. Subsection (3) of section 947.146, Florida
6 Statutes, 1996 Supplement, is amended to read:
7 947.146 Control Release Authority.--
8 (3) Within 120 days prior to the date the state
9 correctional system is projected pursuant to s. 216.136 to
10 exceed 99 percent of total capacity, the authority shall
11 determine eligibility for and establish a control release date
12 for an appropriate number of parole ineligible inmates
13 committed to the department and incarcerated within the state
14 who have been determined by the authority to be eligible for
15 discretionary early release pursuant to this section. In
16 establishing control release dates, it is the intent of the
17 Legislature that the authority prioritize consideration of
18 eligible inmates closest to their tentative release date. The
19 authority shall rely upon commitment data on the offender
20 information system maintained by the department to initially
21 identify inmates who are to be reviewed for control release
22 consideration. The authority may use a method of objective
23 risk assessment in determining if an eligible inmate should be
24 released. Such assessment shall be a part of the department's
25 management information system. However, the authority shall
26 have sole responsibility for determining control release
27 eligibility, establishing a control release date, and
28 effectuating the release of a sufficient number of inmates to
29 maintain the inmate population between 99 percent and 100
30 percent of total capacity. Inmates who are ineligible for
31
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1 control release are inmates who are parole eligible or inmates
2 who:
3 (a) Are serving a sentence that includes a mandatory
4 minimum provision for a capital offense or drug trafficking
5 offense and have not served the number of days equal to the
6 mandatory minimum term less any jail-time credit awarded by
7 the court;
8 (b) Are serving the mandatory minimum portion of a
9 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
10 (c) Are convicted, or have been previously convicted,
11 of committing or attempting to commit sexual battery, incest,
12 or any of the following lewd or indecent assaults or acts:
13 masturbating in public; exposing the sexual organs in a
14 perverted manner; or nonconsensual handling or fondling of the
15 sexual organs of another person;
16 (d) Are convicted, or have been previously convicted,
17 of committing or attempting to commit assault, aggravated
18 assault, battery, or aggravated battery, and a sex act was
19 attempted or completed during commission of such offense;
20 (e) Are convicted, or have been previously convicted,
21 of committing or attempting to commit kidnapping, burglary, or
22 murder, and the offense was committed with the intent to
23 commit sexual battery or a sex act was attempted or completed
24 during commission of the offense;
25 (f) Are convicted, or have been previously convicted,
26 of committing or attempting to commit false imprisonment upon
27 a child under the age of 13 and, in the course of committing
28 the offense, the inmate committed aggravated child abuse,
29 sexual battery against the child, or a lewd, lascivious, or
30 indecent assault or act upon or in the presence of the child;
31
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1 (g) Are sentenced, have previously been sentenced, or
2 have been sentenced at any time under s. 775.084, or have been
3 sentenced at any time in another jurisdiction as a habitual
4 offender;
5 (h) Are convicted, or have been previously convicted,
6 of committing or attempting to commit assault, aggravated
7 assault, battery, aggravated battery, kidnapping,
8 manslaughter, or murder against an officer as defined in s.
9 943.10(1), (2), (3), (6), (7), (8), or (9); against a state
10 attorney or assistant state attorney; or against a justice or
11 judge of a court described in Art. V of the State
12 Constitution; or against an officer, judge, or state attorney
13 employed in a comparable position by any other jurisdiction;
14 or
15 (i) Are convicted, or have been previously convicted,
16 of committing or attempting to commit murder in the first,
17 second, or third degree under s. 782.04(1), (2), (3), or (4),
18 or have ever been convicted of any degree of murder or
19 attempted murder in another jurisdiction;
20 (j) Are convicted, or have been previously convicted,
21 of DUI manslaughter under s. 316.193(3)(c)3., and are
22 sentenced, or have been sentenced at any time, as a habitual
23 offender for such offense, or have been sentenced at any time
24 in another jurisdiction as a habitual offender for such
25 offense;
26 (k)1. Are serving a sentence for an offense committed
27 on or after January 1, 1994, for a violation of the Law
28 Enforcement Protection Act under s. 775.0823(2), (3), (4), or
29 (5), and the subtotal of the offender's sentence points is
30 multiplied pursuant to former s. 921.0014 or s. 921.0024;
31
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1 2. Are serving a sentence for an offense committed on
2 or after October 1, 1995, for a violation of the Law
3 Enforcement Protection Act under s. 775.0823(2), (3), (4),
4 (5), (6), (7), or (8), and the subtotal of the offender's
5 sentence points is multiplied pursuant to former s. 921.0014
6 or s. 921.0024;
7 (l) Are serving a sentence for an offense committed on
8 or after January 1, 1994, for possession of a firearm,
9 semiautomatic firearm, or machine gun in which additional
10 points are added to the subtotal of the offender's sentence
11 points pursuant to former s. 921.0014 or s. 921.0024; or
12 (m) Are convicted, or have been previously convicted,
13 of committing or attempting to commit manslaughter,
14 kidnapping, robbery, carjacking, home-invasion robbery, or a
15 burglary under s. 810.02(2).
16
17 In making control release eligibility determinations under
18 this subsection, the authority may rely on any document
19 leading to or generated during the course of the criminal
20 proceedings, including, but not limited to, any presentence or
21 postsentence investigation or any information contained in
22 arrest reports relating to circumstances of the offense.
23 Section 32. Subsection (1) of section 947.168, Florida
24 Statutes, is amended to read:
25 947.168 Consideration for persons serving
26 parole-eligible and parole-ineligible sentences.--
27 (1) A person serving a parole-eligible sentence who
28 subsequently receives a parole-ineligible sentence pursuant to
29 s. 921.001(10) shall be considered for parole on the
30 parole-eligible sentence.
31
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1 Section 33. Section 948.015, Florida Statutes, is
2 amended to read:
3 948.015 Presentence investigation reports.--The
4 circuit court, when the defendant in a criminal case has been
5 found guilty or has entered a plea of nolo contendere or
6 guilty and has a recommended sentence under the Criminal
7 Punishment Code sentencing guidelines of any nonstate prison
8 sanction, may refer the case to the department for
9 investigation or recommendation. Upon such referral, the
10 department shall make the following report in writing at a
11 time specified by the court prior to sentencing. The full
12 report shall include:
13 (1) A complete description of the situation
14 surrounding the criminal activity with which the offender has
15 been charged, including a synopsis of the trial transcript, if
16 one has been made; nature of the plea agreement, including the
17 number of counts waived, the pleas agreed upon, the sentence
18 agreed upon, and any additional terms of agreement; and, at
19 the offender's discretion, his version and explanation of the
20 criminal activity.
21 (2) The offender's sentencing status, including
22 whether the offender is a first offender, a habitual or
23 violent offender, a youthful offender, or is currently on
24 probation.
25 (3) The offender's prior record of arrests and
26 convictions.
27 (4) The offender's educational background.
28 (5) The offender's employment background, including
29 any military record, his present employment status, and his
30 occupational capabilities.
31
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1 (6) The offender's financial status, including total
2 monthly income and estimated total debts.
3 (7) The social history of the offender, including his
4 family relationships, marital status, interests, and
5 activities.
6 (8) The residence history of the offender.
7 (9) The offender's medical history and, as
8 appropriate, a psychological or psychiatric evaluation.
9 (10) Information about the environments to which the
10 offender might return or to which he could be sent should a
11 sentence of nonincarceration or community supervision be
12 imposed by the court, and consideration of the offender's plan
13 concerning employment supervision and treatment.
14 (11) Information about any resources available to
15 assist the offender, such as:
16 (a) Treatment centers.
17 (b) Residential facilities.
18 (c) Vocational training programs.
19 (d) Special education programs.
20 (e) Services that may preclude or supplement
21 commitment to the department.
22 (12) The views of the person preparing the report as
23 to the offender's motivations and ambitions and an assessment
24 of the offender's explanations for his criminal activity.
25 (13) An explanation of the offender's criminal record,
26 if any, including his version and explanation of any previous
27 offenses.
28 (14) A statement regarding the extent of any victim's
29 loss or injury.
30 (15) A recommendation as to disposition by the court.
31 The department shall make a written determination as to the
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1 reasons for its recommendation, and shall include an
2 evaluation of the following factors:
3 (a) The appropriateness or inappropriateness of
4 community facilities, programs, or services for treatment or
5 supervision for the offender.
6 (b) The ability or inability of the department to
7 provide an adequate level of supervision for the offender in
8 the community and a statement of what constitutes an adequate
9 level of supervision.
10 (c) The existence of other treatment modalities which
11 the offender could use but which do not exist at present in
12 the community.
13 Section 34. Subsections (1) and (2) of section
14 948.034, Florida Statutes, are amended to read:
15 948.034 Terms and conditions of probation; community
16 residential drug punishment centers.--
17 (1) On or after October 1, 1993, any person who
18 violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
19 (5)(a) may, in the discretion of the trial court, be required
20 to successfully complete a term of probation in lieu of
21 serving a term of imprisonment as required or authorized by s.
22 775.084, former or s. 921.001, or s. 921.002, as follows:
23 (a) If the person has not previously been convicted of
24 violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
25 (5)(a), adjudication may be withheld and the offender may be
26 placed on probation for not less than 18 months, as a
27 condition of which the court shall require the offender to
28 reside at a community residential drug punishment center for
29 90 days. The offender must comply with all rules and
30 regulations of the center and must pay a fee for the costs of
31 room and board and residential supervision. Placement of an
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1 offender into a community residential drug punishment center
2 is subject to budgetary considerations and availability of bed
3 space. If the court requires the offender to reside at a
4 community residential drug punishment center, the court shall
5 also require the offender to comply with one or more of the
6 other following terms and conditions:
7 1. Pay a fine of not less than $500 nor more than
8 $10,000 pursuant to s. 775.083(1)(c).
9 2. Enter, regularly attend, and successfully complete
10 a substance abuse education program of at least 40 hours or a
11 prescribed substance abuse treatment program provided by a
12 treatment resource licensed pursuant to chapter 396 or chapter
13 397 or by a hospital licensed pursuant to chapter 395, as
14 specified by the court. In addition, the court may refer the
15 offender to a licensed agency for substance abuse evaluation
16 and, if appropriate, substance abuse treatment subject to the
17 ability of the offender to pay for such evaluation and
18 treatment. If such referral is made, the offender must comply
19 and must pay for the reasonable cost of the evaluation and
20 treatment.
21 3. Perform at least 100 hours of public service.
22 4. Submit to routine and random drug testing which may
23 be conducted during the probationary period, with the
24 reasonable costs thereof borne by the offender.
25 5. Participate, at his own expense, in an appropriate
26 self-help group, such as Narcotics Anonymous, Alcoholics
27 Anonymous, or Cocaine Anonymous, if available.
28 (b) If the person has been previously convicted of one
29 felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
30 (2)(a)1., or (5)(a), adjudication may not be withheld and the
31 offender may be placed on probation for not less than 24
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1 months, as a condition of which the court shall require the
2 offender to reside at a community residential drug punishment
3 center for 180 days. The offender must comply with all rules
4 and regulations of the center and must pay a fee for the costs
5 of room and board and residential supervision. Placement of an
6 offender into a community residential drug punishment center
7 is subject to budgetary considerations and availability of bed
8 space. If the court requires the offender to reside at a
9 community residential drug punishment center, the court shall
10 also require the offender to comply with one or more of the
11 other following terms and conditions:
12 1. Pay a fine of not less than $1,000 nor more than
13 $10,000 pursuant to s. 775.083(1)(c).
14 2. Enter, regularly attend, and successfully complete
15 a substance abuse education program of at least 40 hours or a
16 prescribed substance abuse treatment program provided by a
17 treatment resource licensed pursuant to chapter 396 or chapter
18 397 or by a hospital licensed pursuant to chapter 395, as
19 specified by the court. In addition, the court may refer the
20 offender to a licensed agency for substance abuse evaluation
21 and, if appropriate, substance abuse treatment subject to the
22 ability of the offender to pay for such evaluation and
23 treatment. If such referral is made, the offender must comply
24 and must pay for the reasonable cost of the evaluation and
25 treatment.
26 3. Perform at least 200 hours of public service.
27 4. Submit to routine and random drug testing which may
28 be conducted during the probationary period, with the
29 reasonable costs thereof borne by the offender.
30
31
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1 5. Participate, at his own expense, in an appropriate
2 self-help group, such as Narcotics Anonymous, Alcoholics
3 Anonymous, or Cocaine Anonymous, if available.
4 (c) If the person has been previously convicted of two
5 felony violations of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
6 (2)(a)1., or (5)(a), adjudication may not be withheld and the
7 offender may be placed on probation for not less than 36
8 months, as a condition of which the court shall require the
9 offender to reside at a community residential drug punishment
10 center for 360 days. The offender must comply with all rules
11 and regulations of the center and must pay a fee for the costs
12 of 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 $1,500 nor more than
20 $10,000 pursuant to s. 775.083(1)(c).
21 2. Enter, regularly attend, and successfully complete
22 a substance abuse education program of at least 40 hours or a
23 prescribed substance abuse treatment program provided by a
24 treatment resource licensed pursuant to chapter 396 or chapter
25 397 or by a hospital licensed pursuant to chapter 395, as
26 specified by the court. In addition, the court may refer the
27 offender to a licensed agency for substance abuse evaluation
28 and, if appropriate, substance abuse treatment subject to the
29 ability of the offender to pay for such evaluation and
30 treatment. If such referral is made, the offender must comply
31
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1 and must pay for the reasonable cost of the evaluation and
2 treatment.
3 3. Perform at least 300 hours of public service.
4 4. Submit to routine and random drug testing which may
5 be conducted during the probationary period, with the
6 reasonable costs thereof borne by the offender.
7 5. Participate, at his own expense, in an appropriate
8 self-help group, such as Narcotics Anonymous, Alcoholics
9 Anonymous, or Cocaine Anonymous, if available.
10 (d) An offender who violates probation imposed
11 pursuant to this section shall be sentenced in accordance with
12 s. 921.002 s. 921.001.
13 (2) On or after October 1, 1993, any person who
14 violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may,
15 in the discretion of the trial court, be required to
16 successfully complete a term of probation in lieu of serving a
17 term of imprisonment as required or authorized by s. 775.084,
18 former or s. 921.001, or s. 921.002, as follows:
19 (a) If the person has not previously been convicted of
20 violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
21 adjudication may be withheld and the offender shall be placed
22 on probation for not less than 12 months, as a condition of
23 which the court may require the offender to comply with one or
24 more of the following terms and conditions:
25 1. Pay a fine of not less than $250 nor more than
26 $5,000 pursuant to s. 775.083(1)(c).
27 2. Enter, regularly attend, and successfully complete
28 a substance abuse education program of at least 40 hours or a
29 prescribed substance abuse treatment program provided by a
30 treatment resource licensed pursuant to chapter 396 or chapter
31 397 or by a hospital licensed pursuant to chapter 395, as
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1 specified by the court. In addition, the court may refer the
2 offender to a licensed agency for substance abuse evaluation
3 and, if appropriate, substance abuse treatment subject to the
4 ability of the offender to pay for such evaluation and
5 treatment. If such referral is made, the offender must comply
6 and must pay for the reasonable cost of the evaluation and
7 treatment.
8 3. Perform at least 50 hours of public service.
9 4. Submit to routine and random drug testing which may
10 be conducted during the probationary period, with the
11 reasonable costs thereof borne by the offender.
12 5. Participate, at his own expense, in an appropriate
13 self-help group, such as Narcotics Anonymous, Alcoholics
14 Anonymous, or Cocaine Anonymous, if available.
15 (b) If the person has been previously convicted of one
16 felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
17 (6)(a), adjudication may not be withheld and the offender may
18 be placed on probation for not less than 18 months, as a
19 condition of which the court shall require the offender to
20 reside at a community residential drug punishment center for
21 90 days. The offender must comply with all rules and
22 regulations of the center and must pay a fee for the costs of
23 room and board and residential supervision. Placement of an
24 offender into a community residential drug punishment center
25 is subject to budgetary considerations and availability of bed
26 space. If the court requires the offender to reside at a
27 community residential drug punishment center, the court shall
28 also require the offender to comply with one or more of the
29 other following terms and conditions:
30 1. Pay a fine of not less than $500 nor more than
31 $5,000 pursuant to s. 775.083(1)(c).
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1 2. Enter, regularly attend, and successfully complete
2 a substance abuse intervention program of a least 80 hours
3 provided by a treatment resource licensed pursuant to chapter
4 396 or chapter 397 or by a hospital licensed pursuant to
5 chapter 395, as specified by the court. In addition, the court
6 may refer the offender to a licensed agency for substance
7 abuse evaluation and, if appropriate, substance abuse
8 treatment subject to the ability of the offender to pay for
9 such evaluation and treatment. If such referral is made, the
10 offender must comply and must pay for the reasonable cost of
11 the evaluation and treatment.
12 3. Perform at least 100 hours of public service.
13 4. Submit to routine and random drug testing which may
14 be conducted during the probationary period, with the
15 reasonable costs thereof borne by the offender.
16 5. Participate, at his own expense, in an appropriate
17 self-help group, such as Narcotics Anonymous, Alcoholics
18 Anonymous, or Cocaine Anonymous, if available.
19 (c) If the person has been previously convicted of two
20 felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
21 (6)(a), adjudication may not be withheld and the offender may
22 be placed on probation for not less than 24 months, as a
23 condition of which the court shall require the offender to
24 reside at a community residential drug punishment center for
25 120 days. The offender must comply with all rules and
26 regulations of the center and must pay a fee for the costs of
27 room and board and residential supervision. Placement of an
28 offender into a community residential drug punishment center
29 is subject to budgetary considerations and availability of bed
30 space. If the court requires the offender to reside at a
31 community residential drug punishment center, the court shall
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1 also require the offender to comply with one or more of the
2 other following terms and conditions:
3 1. Pay a fine of not less than $1,000 nor more than
4 $5,000 pursuant to s. 775.083(1)(c).
5 2. Enter, regularly attend, and successfully complete
6 a prescribed substance abuse treatment program provided by a
7 treatment resource licensed pursuant to chapter 396 or chapter
8 397 or by a hospital licensed pursuant to chapter 395, as
9 specified by the court. In addition, the court may refer the
10 offender to a licensed agency for substance abuse evaluation
11 and, if appropriate, substance abuse treatment subject to the
12 ability of the offender to pay for such evaluation and
13 treatment. If such referral is made, the offender must comply
14 and must pay for the reasonable cost of the evaluation and
15 treatment.
16 3. Perform at least 150 hours of public service.
17 4. Submit to routine and random drug testing which may
18 be conducted during the probationary period, with the
19 reasonable costs thereof borne by the offender.
20 5. Participate, at his own expense, in an appropriate
21 self-help group, such as Narcotics Anonymous, Alcoholics
22 Anonymous, or Cocaine Anonymous, if available.
23 (d) If the person has been previously convicted of
24 three felony violations of s. 893.13(1)(a)2., (2)(a)2.,
25 (5)(b), or (6)(a), adjudication may not be withheld and the
26 offender may be placed on probation for not less than 30
27 months, as a condition of which the court shall require the
28 offender to reside at a community residential drug punishment
29 center for 200 days. The offender must comply with all rules
30 and regulations of the center and must pay a fee for the costs
31 of room and board and residential supervision. Placement of an
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1 offender into a community residential drug punishment center
2 is subject to budgetary considerations and availability of bed
3 space. If the court requires the offender to reside at a
4 community residential drug punishment center, the court shall
5 also require the offender to comply with one or more of the
6 other following terms and conditions:
7 1. Pay a fine of not less than $1,500 nor more than
8 $5,000 pursuant to s. 775.083(1)(c).
9 2. Enter, regularly attend, and successfully complete
10 a prescribed substance abuse treatment program provided by a
11 treatment resource licensed pursuant to chapter 396 or chapter
12 397 or by a hospital licensed pursuant to chapter 395, as
13 specified by the court. In addition, the court may refer the
14 offender to a licensed agency for substance abuse evaluation
15 and, if appropriate, substance abuse treatment subject to the
16 ability of the offender to pay for such evaluation and
17 treatment. If such referral is made, the offender must comply
18 and must pay for the reasonable cost of the evaluation and
19 treatment.
20 3. Perform at least 200 hours of public service.
21 4. Submit to routine and random drug testing which may
22 be conducted during the probationary period, with the
23 reasonable costs thereof borne by the offender.
24 5. Participate, at his own expense, in an appropriate
25 self-help group, such as Narcotics Anonymous, Alcoholics
26 Anonymous, or Cocaine Anonymous, if available.
27 (e) If the person has been previously convicted of
28 four felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b),
29 or (6)(a), adjudication may not be withheld and the offender
30 may be placed on probation for not less than 36 months, as a
31 condition of which the court shall require the offender to
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1 reside at a community residential drug punishment center for
2 360 days. The offender must comply with all rules and
3 regulations of the center and must pay a fee for the costs of
4 room and board and residential supervision. Placement of an
5 offender into a community residential drug punishment center
6 is subject to budgetary considerations and availability of bed
7 space. If the court requires the offender to reside at a
8 community residential drug punishment center, the court shall
9 also require the offender to comply with one or more of the
10 other following terms and conditions:
11 1. Pay a fine of not less than $2,000 nor more than
12 $5,000 pursuant to s. 775.083(1)(c).
13 2. Enter, regularly attend, and successfully complete
14 a prescribed substance abuse treatment program provided by a
15 treatment resource licensed pursuant to chapter 396 or chapter
16 397 or by a hospital licensed pursuant to chapter 395, as
17 specified by the court. In addition, the court may refer the
18 offender to a licensed agency for substance abuse evaluation
19 and, if appropriate, substance abuse treatment subject to the
20 ability of the offender to pay for such evaluation and
21 treatment. If such referral is made, the offender must comply
22 and must pay for the reasonable cost of the evaluation and
23 treatment.
24 3. Perform at least 250 hours of public service.
25 4. Submit to routine and random drug testing which may
26 be conducted during the probationary period, with the
27 reasonable costs thereof borne by the offender.
28 5. Participate, at his own expense, in an appropriate
29 self-help group, such as Narcotics Anonymous, Alcoholics
30 Anonymous, or Cocaine Anonymous, if available.
31
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1 (f) An offender who violates probation imposed
2 pursuant to this section shall be sentenced in accordance with
3 s. 921.002 s. 921.001.
4 Section 35. Paragraph (c) of subsection (2) of section
5 948.51, Florida Statutes, is amended to read:
6 948.51 Community corrections assistance to counties or
7 county consortiums.--
8 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A
9 county, or a consortium of two or more counties, may contract
10 with the Department of Corrections for community corrections
11 funds as provided in this section. In order to enter into a
12 community corrections partnership contract, a county or county
13 consortium must have a public safety coordinating council
14 established under s. 951.26 and must designate a county
15 officer or agency to be responsible for administering
16 community corrections funds received from the state. The
17 public safety coordinating council shall prepare, develop, and
18 implement a comprehensive public safety plan for the county,
19 or the geographic area represented by the county consortium,
20 and shall submit an annual report to the Department of
21 Corrections concerning the status of the program. In preparing
22 the comprehensive public safety plan, the public safety
23 coordinating council shall cooperate with the district
24 juvenile justice board and the county juvenile justice
25 council, established under s. 39.025, in order to include
26 programs and services for juveniles in the plan. To be
27 eligible for community corrections funds under the contract,
28 the initial public safety plan must be approved by the
29 governing board of the county, or the governing board of each
30 county within the consortium, and the Secretary of Corrections
31 based on the requirements of this section. If one or more
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1 other counties develop a unified public safety plan, the
2 public safety coordinating council shall submit a single
3 application to the department for funding. Continued contract
4 funding shall be pursuant to subsection (6). The plan for a
5 county or county consortium must cover at least a 5-year
6 period and must include:
7 (c) Specific goals and objectives for reducing the
8 projected percentage of commitments to the state prison system
9 of persons with sentencing scores of 40 to 52 points,
10 inclusive, pursuant to the Criminal Punishment Code sentencing
11 guidelines.
12 Section 36. Subsection (3) of section 958.04, Florida
13 Statutes, 1996 Supplement, is amended to read:
14 958.04 Judicial disposition of youthful offenders.--
15 (3) The provisions of this section shall not be used
16 to impose a greater sentence than the maximum recommended
17 range as established by the Criminal Punishment Code statewide
18 sentencing guidelines pursuant to chapter 921 unless reasons
19 are explained in writing by the trial court judge which
20 reasonably justify departure. A sentence imposed outside of
21 the code is such guidelines shall be subject to appeal
22 pursuant to s. 924.06 or s. 924.07.
23 Section 37. Effective October 1, 1997, subsection (3)
24 of section 921.0014, Florida Statutes, as amended by section
25 22 of chapter 96-388, Laws of Florida, is amended to read:
26 921.0014 Sentencing guidelines; worksheet
27 computations; scoresheets.--
28 (3) A single guidelines scoresheet shall be prepared
29 for each defendant, except that if the defendant is before the
30 court for sentencing for more than one felony and the felonies
31 were committed under more than one version or revision of the
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1 guidelines, separate scoresheets must be prepared pursuant to
2 s. 921.001(4)(b). The scoresheet or scoresheets must cover
3 all the defendant's offenses pending before the court for
4 sentencing. Either the office of the state attorney or the
5 Department of Corrections, or both where appropriate, shall
6 prepare the scoresheet or scoresheets, which must be presented
7 to the state attorney and the defense counsel for review for
8 accuracy in all cases unless the judge directs otherwise. The
9 defendant's scoresheet or scoresheets must be approved and
10 signed by the sentencing judge.
11 Section 38. Section Subsection (5) of section 921.001,
12 Florida Statutes, is amended to read:
13 921.001 Sentencing Commission and sentencing
14 guidelines generally.--
15 (5) Sentences imposed by trial court judges under the
16 1994 revised sentencing guidelines on or after January 1,
17 1994, must be within the 1994 guidelines unless there is a
18 departure sentence with written findings. However, a person
19 sentenced for a felony committed on or after July 1, 1997, who
20 has at least one prior felony conviction and whose maximum
21 recommended sentence is under 22 months may be sentenced to
22 community control or a term of incarceration not to exceed 22
23 months. As used in this subsection, the term "conviction"
24 means a determination of guilt which is the result of a plea
25 or a trial, regardless of whether adjudication is withheld.
26 Such sentence is not subject to appeal. If a recommended
27 sentence under the guidelines exceeds the maximum sentence
28 otherwise authorized by s. 775.082, the sentence under the
29 guidelines must be imposed, absent a departure. If a
30 departure sentence, with written findings, is imposed, such
31 sentence must be within any relevant maximum sentence
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1 limitations provided in s. 775.082. The failure of a trial
2 court to impose a sentence within the sentencing guidelines is
3 subject to appellate review pursuant to chapter 924, except as
4 otherwise provided in this subsection . However, the extent of
5 a departure from a guidelines sentence is not subject to
6 appellate review.
7 Section 39. Paragraph (d) of subsection (4) of section
8 921.0016, Florida Statutes, 1996 Supplement, is amended to
9 read:
10 921.0016 Recommended sentences; departure sentences;
11 aggravating and mitigating circumstances.--
12 (4) Mitigating circumstances under which a departure
13 from the sentencing guidelines is reasonably justified
14 include, but are not limited to:
15 (c) The capacity of the defendant to appreciate the
16 criminal nature of the conduct or to conform that conduct to
17 the requirements of law was substantially impaired. However, a
18 person's capacity, if diminished by the influence of alcohol
19 or controlled substances at the time of the offense, may not
20 in any manner be considered a reason to impose a sentence
21 below the guidelines.
22 (d) The defendant requires specialized treatment for
23 addiction, mental disorder, or physical disability, and the
24 defendant is amenable to treatment. However, addiction,
25 alcoholism, substance abuse, or any interest in treatment for
26 these conditions, may not in any manner be considered as a
27 reason to impose a sentence below the guidelines.
28 (e) The need for payment of restitution to the victim
29 outweighs the need for a prison sentence.
30 Section 40. Section The Criminal Punishment Code
31 applies to all felonies, except capital felonies, committed on
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1 or after October 1, 1998. Any revision to the Criminal
2 Punishment Code applies to sentencing for all felonies, except
3 capital felonies, committed on or after the effective date of
4 the revision. Felonies, except capital felonies, with
5 continuing dates of enterprise shall be sentenced under the
6 Criminal Punishment Code in effect on the beginning date of
7 the criminal activity. The Criminal Punishment Code shall not
8 be construed to limit the application of any enhanced
9 penalties, or minimum mandatory sentences where otherwise
10 provided by Florida Statutes.
11 Section 41. The Division of Statutory Revision of the
12 Joint Legislative Management Committee shall leave the
13 repealed statutory provisions referenced herein in the Florida
14 Statutes for 10 years from October 1, 1998.
15 Section 42. Unless otherwise expressly provided in
16 this act, sections 1 through 37, 40 and 41 of this act shall
17 take effect October 1, 1998, and this section and sections 38
18 and 39 shall take effect July 1, 1997.
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