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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 1 CODING: Words stricken are deletions; words underlined are additions. 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; 2 CODING: Words stricken are deletions; words underlined are additions. 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 3 CODING: Words stricken are deletions; words underlined are additions. 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. 4 CODING: Words stricken are deletions; words underlined are additions. 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 5 CODING: Words stricken are deletions; words underlined are additions. 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 6 CODING: Words stricken are deletions; words underlined are additions. 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. 7 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 8 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 9 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 10 CODING: Words stricken are deletions; words underlined are additions. 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 11 CODING: Words stricken are deletions; words underlined are additions. 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 12 CODING: Words stricken are deletions; words underlined are additions. 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 13 CODING: Words stricken are deletions; words underlined are additions. 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 14 CODING: Words stricken are deletions; words underlined are additions. 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 15 CODING: Words stricken are deletions; words underlined are additions. 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. 16 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 17 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 18 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 19 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 .............................................................. 40 CODING: Words stricken are deletions; words underlined are additions. 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 41 CODING: Words stricken are deletions; words underlined are additions. 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 .... = .... 42 CODING: Words stricken are deletions; words underlined are additions. 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 43 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 44 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 45 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 46 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 47 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 48 CODING: Words stricken are deletions; words underlined are additions. 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 49 CODING: Words stricken are deletions; words underlined are additions. 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). 50 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 51 CODING: Words stricken are deletions; words underlined are additions. 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: 52 CODING: Words stricken are deletions; words underlined are additions. 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, 53 CODING: Words stricken are deletions; words underlined are additions. 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 54 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 55 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 56 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 57 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 58 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 59 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 60 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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, 61 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 62 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 63 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 64 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 65 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 66 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 67 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 68 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 69 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 70 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 71 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 72 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 73 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 74 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 75 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 76 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 77 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 78 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 79 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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: 80 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 81 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 82 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 83 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 84 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 85 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 86 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 87 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 88 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 89 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 90 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 91 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 92 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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). 93 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 94 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 95 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 96 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 97 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 98 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 99 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 100 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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 101 CODING: Words stricken are deletions; words underlined are additions. CS/HB 241, First Engrossed 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. 19 20 21 22 23 24 25 26 27 28 29 30 31 102