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

House Bill 0241er

ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 2 An act relating to criminal justice; repealing 3 ss. 921.0001, 921.001, 921.0011, 921.0012, 4 921.0013, 921.0014, 921.0015, 921.0016, 5 921.005, F.S., relating to the statewide 6 sentencing guidelines; providing for 7 application; creating the Florida Criminal 8 Punishment Code; providing for the code to 9 apply to felonies committed on or after a 10 specified date; creating s. 921.002, F.S.; 11 providing for the Legislature to develop, 12 implement, and revise a sentencing policy; 13 specifying the principles embodied by the 14 Criminal Punishment Code; providing 15 requirements for sentencing a defendant for 16 more than one felony; authorizing a court to 17 impose a sentence below the permissible 18 sentencing range; specifying the level of proof 19 required to justify such a sentence; creating 20 s. 921.0021, F.S.; providing definitions; 21 creating s. 921.0022, F.S.; providing an 22 offense severity ranking chart to be used in 23 computing a sentence score for a felony 24 offender; creating s. 921.0023, F.S.; providing 25 for ranking felony offenses that are unlisted 26 on the severity ranking chart; creating s. 27 921.0024, F.S.; providing a worksheet for 28 computing sentence points under the Criminal 29 Punishment Code; providing for points to be 30 assessed based on the offender's legal status; 31 providing for sentencing multipliers; providing 1 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 requirements for the state attorney and the 2 Department of Corrections in preparing 3 scoresheets; requiring the clerk of the circuit 4 court to distribute scoresheets and transmit 5 copies to the Department of Corrections; 6 creating s. 921.0026, F.S.; specifying 7 circumstances that constitute mitigating 8 circumstances for purposes of sentencing; 9 amending s. 20.315, F.S.; deleting a 10 requirement that the Florida Corrections 11 Commission review proposed changes to the 12 statewide sentencing guidelines; amending s. 13 39.0581, F.S.; providing for the criteria under 14 which a juvenile is committed to a maximum-risk 15 residential program to be based on the ranking 16 of the offense under the Criminal Punishment 17 Code; amending s. 775.0823, F.S.; providing for 18 a person convicted of certain violent offenses 19 against a law enforcement officer, correctional 20 officer, state attorney, assistant state 21 attorney, justice, or judge to be sentenced 22 under the Criminal Punishment Code; amending s. 23 775.084, F.S.; deleting a requirement that the 24 courts submit reports to the Sentencing 25 Commission; conforming a reference to changes 26 made by the act; amending ss. 775.0845, 27 775.087, 775.0875, F.S., relating to wearing a 28 mask while committing an offense, possessing a 29 weapon while committing a felony, and taking a 30 law enforcement officer's firearm; requiring 31 that such offenses be ranked under the Criminal 2 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Punishment Code; amending s. 777.03, F.S., 2 relating to the offense of being an accessory 3 to a crime; providing for ranking such offense; 4 amending s. 777.04, F.S.; requiring that a 5 person convicted of criminal attempt, criminal 6 solicitation, or criminal conspiracy be 7 sentenced under the Criminal Punishment Code; 8 amending s. 782.051, F.S.; requiring that 9 certain offenses that result in bodily injury 10 be ranked under the Criminal Punishment Code; 11 amending s. 784.08, F.S.; requiring that a 12 person convicted of assault and battery against 13 an elderly person be sentenced under the 14 Criminal Punishment Code; amending ss. 794.023, 15 874.04, F.S., relating to sexual battery by 16 multiple perpetrators and to criminal 17 street-gang activity; requiring that such 18 offenses be ranked under the offense severity 19 ranking chart of the Criminal Punishment Code; 20 amending s. 893.13, F.S., relating to the 21 offense of selling, manufacturing, or 22 possessing certain controlled substances; 23 conforming provisions to changes made by the 24 act; amending s. 893.135, F.S.; requiring that 25 a person convicted of certain drug-trafficking 26 offenses be sentenced under the Criminal 27 Punishment Code; amending s. 893.20, F.S.; 28 requiring that a person convicted of engaging 29 in a continuing criminal enterprise be 30 sentenced under the Criminal Punishment Code; 31 amending s. 921.187, F.S., relating to 3 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 disposition and sentencing; conforming 2 provisions to changes made by the act; amending 3 s. 921.188, F.S.; providing certain conditions 4 based on the Criminal Punishment Code under 5 which a felon may be placed in a local 6 detention facility; amending ss. 924.06, 7 924.07, F.S., relating to appeals; deleting a 8 provision that allows a defendant to appeal a 9 sentence imposed outside a range formerly 10 permitted under chapter 921, F.S.; authorizing 11 the state to appeal a sentence imposed below 12 the range permitted by the Criminal Punishment 13 Code; amending s. 944.17, F.S.; requiring that 14 the sentencing scoresheet for a prisoner be 15 submitted to the Department of Corrections; 16 amending ss. 947.141, 947.146, 947.168, F.S., 17 relating to violations of conditional release 18 or control release and parole eligibility; 19 conforming provisions to changes made by the 20 act; amending s. 948.015, F.S., relating to 21 presentence reports; conforming provisions to 22 changes made by the act; amending s. 948.034, 23 F.S., relating to terms and conditions of 24 probation; conforming references; amending s. 25 948.51, F.S.; revising requirements for a 26 county or county consortium in developing a 27 public safety plan to conform to changes made 28 by the act; amending s. 958.04, F.S., relating 29 to judicial disposition of youthful offenders; 30 providing certain limitations on sentences 31 based on the Criminal Punishment Code; amending 4 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 s. 921.0014, F.S.; providing requirements for 2 the state attorney with respect to preparing 3 sentencing scoresheets; amending ss. 397.705, 4 893.15, F.S.; requiring that a referral of an 5 offender to a treatment provider or to drug 6 rehabilitation be in addition to adjudication 7 or imposition of sentence rather than as an 8 alternative to adjudication or imposition of 9 sentence; amending s. 921.001, F.S.; providing 10 for certain persons sentenced on or after a 11 specified date whose recommended sentence is a 12 nonstate prison sanction or less than 22 months 13 to be eligible for incarceration up to a 14 specified period; providing that capital 15 felonies are excluded from the punishment code; 16 providing clarification for application of 17 future code revisions; amending s. 921.0016, 18 F.S.; deleting a provision that allows and 19 expressly prohibits addiction to be a 20 mitigating circumstance for purposes of 21 sentencing; providing a directive to the 22 Division of Statutory Revision to maintain 23 certain repealed provisions in the Florida 24 Statutes for ten years; providing effective 25 dates. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Sections 921.0001, 921.001, 921.0011, 30 921.0012, 921.0013, 921.0014, 921.0015, 921.0016, and 921.005, 31 Florida Statutes, as amended by this act, are repealed 5 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 effective October 1, 1998, except that those sections shall 2 remain in effect with respect to any crime committed before 3 October 1, 1998. 4 Section 2. The Florida Criminal Punishment Code, 5 consisting of sections 921.002-921.0026, Florida Statutes, is 6 established effective October 1, 1998, and applies to any 7 felony committed on or after that date. 8 Section 3. Section 921.002, Florida Statutes, is 9 created to read: 10 921.002 The Criminal Punishment Code.-- 11 (1) The provision of criminal penalties and of 12 limitations upon the application of such penalties is a matter 13 of predominantly substantive law and, as such, is a matter 14 properly addressed by the Legislature. The Legislature, in 15 the exercise of its authority and responsibility to establish 16 sentencing criteria, to provide for the imposition of criminal 17 penalties, and to make the best use of state prisons so that 18 violent criminal offenders are appropriately incarcerated, has 19 determined that it is in the best interest of the state to 20 develop, implement, and revise a sentencing policy. 21 (a) The Criminal Punishment Code embodies the 22 principles that: 23 1. Sentencing is neutral with respect to race, gender, 24 and social and economic status. 25 2. The primary purpose of sentencing is to punish the 26 offender. Rehabilitation is a desired goal of the criminal 27 justice system but is subordinate to the goal of punishment. 28 3. The penalty imposed is commensurate with the 29 severity of the primary offense and the circumstances 30 surrounding the primary offense. 31 6 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 4. The severity of the sentence increases with the 2 length and nature of the offender's prior record. 3 5. The sentence imposed by the sentencing judge 4 reflects the length of actual time to be served, shortened 5 only by the application of incentive and meritorious 6 gain-time. The provisions of chapter 947, relating to parole, 7 shall not apply to persons sentenced under the Criminal 8 Punishment Code. 9 6. Departures below the permissible sentencing range 10 established in the code must be articulated in writing and 11 made only when circumstances or factors reasonably justify the 12 aggravation or mitigation of the sentence. The level of proof 13 necessary to establish facts that support a departure from the 14 permissible sentencing range is a preponderance of the 15 evidence. 16 7. The trial judge may impose a sentence up to and 17 including the statutory maximum for any offense, including an 18 offense that is before the court due to a violation of 19 probation. 20 8. A sentence may be appealed only if the sentence is 21 below the permissible sentencing range. 22 9. Use of incarcerative sanctions is prioritized 23 toward offenders convicted of serious offenses and certain 24 offenders who have long prior records, in order to maximize 25 the finite capacities of state and local correctional 26 facilities. 27 (2) When a defendant is before the court for 28 sentencing for more than one felony and the felonies were 29 committed under more than one version or revision of the 30 guidelines or the code, each felony shall be sentenced under 31 the guidelines or the code in effect at the time the 7 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 particular felony was committed. This subsection does not 2 apply to sentencing for any capital felony. 3 (3) A court may impose a departure below the 4 permissible sentencing range based upon circumstances or 5 factors that reasonably justify the mitigation of the sentence 6 in accordance with s. 921.0026. The level of proof necessary 7 to establish facts supporting the mitigation of a sentence is 8 a preponderance of the evidence. When multiple reasons exist 9 to support the mitigation, the mitigation shall be upheld when 10 at least one circumstance or factor justifies the mitigation 11 regardless of the presence of other circumstances or factors 12 found not to justify mitigation. Any sentence imposed below 13 the permissible sentencing range must be explained in writing 14 by the trial court judge. 15 Section 4. Section 921.0021, Florida Statutes, is 16 created to read: 17 921.0021 Definitions.--As used in this chapter, the 18 term: 19 (1) "Additional offense" means any offense other than 20 the primary offense for which an offender is convicted and 21 which is pending before the court for sentencing at the time 22 of the primary offense. 23 (2) "Conviction" means a determination of guilt that 24 is the result of a plea or a trial, regardless of whether 25 adjudication is withheld. 26 (3) "Legal status" means an offender's status if the 27 offender: 28 (a) Escapes from incarceration; 29 (b) Flees to avoid prosecution; 30 (c) Fails to appear for a criminal proceeding; 31 (d) Violates any condition of a supersedeas bond; 8 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (e) Is incarcerated; 2 (f) Is under any form of a pretrial intervention or 3 diversion program; or 4 (g) Is under any form of court-imposed or post-prison 5 release community supervision. 6 (4) "Primary offense" means the offense at conviction 7 pending before the court for sentencing for which the total 8 sentence points recommend a sanction that is as severe as, or 9 more severe than, the sanction recommended for any other 10 offense committed by the offender and pending before the court 11 at sentencing. Only one count of one offense before the court 12 for sentencing shall be classified as the primary offense. 13 (5) "Prior record" means a conviction for a crime 14 committed by the offender, as an adult or a juvenile, prior to 15 the time of the primary offense. Convictions by federal, 16 out-of-state, military, or foreign courts, and convictions for 17 violations of county or municipal ordinances that incorporate 18 by reference a penalty under state law, are included in the 19 offender's prior record. Convictions for offenses committed 20 by the offender more than 10 years before the primary offense 21 are not included in the offender's prior record if the 22 offender has not been convicted of any other crime for a 23 period of 10 consecutive years from the most recent date of 24 release from confinement, supervision, or sanction, whichever 25 is later, to the date of the primary offense. Juvenile 26 dispositions of offenses committed by the offender within 3 27 years before the primary offense are included in the 28 offender's prior record when the offense would have been a 29 crime had the offender been an adult rather than a juvenile. 30 Juvenile dispositions of sexual offenses committed by the 31 offender which were committed 3 years or more before the 9 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 primary offense are included in the offender's prior record if 2 the offender has not maintained a conviction-free record, 3 either as an adult or a juvenile, for a period of 3 4 consecutive years from the most recent date of release from 5 confinement, supervision, or sanction, whichever is later, to 6 the date of the primary offense. 7 (6) "Community sanction" includes: 8 (a) Probation. 9 (b) Community control. 10 (c) Pretrial intervention or diversion. 11 (7)(a) "Victim injury" means the physical injury or 12 death suffered by a person as a direct result of the primary 13 offense, or any additional offense, for which an offender is 14 convicted and which is pending before the court for sentencing 15 at the time of the primary offense. 16 (b) Except as provided in paragraph (c) or paragraph 17 (d), 18 1. If the conviction is for an offense involving 19 sexual contact that includes sexual penetration, the sexual 20 penetration must be scored in accordance with the sentence 21 points provided under s. 921.0024 for sexual penetration, 22 regardless of whether there is evidence of any physical 23 injury. 24 2. If the conviction is for an offense involving 25 sexual contact that does not include sexual penetration, the 26 sexual contact must be scored in accordance with the sentence 27 points provided under s. 921.0024 for sexual contact, 28 regardless of whether there is evidence of any physical 29 injury. 30 31 10 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 If the victim of an offense involving sexual contact suffers 2 any physical injury as a direct result of the primary offense 3 or any additional offense committed by the offender resulting 4 in conviction, such physical injury must be scored separately 5 and in addition to the points scored for the sexual contact or 6 the sexual penetration. 7 (c) The sentence points provided under s. 921.0024 for 8 sexual contact or sexual penetration may not be assessed for a 9 violation of s. 944.35(3)(b)2. 10 (d) If the conviction is for the offense described in 11 s. 872.06, the sentence points provided under s. 921.0024 for 12 sexual contact or sexual penetration may not be assessed. 13 Section 5. Section 921.0022, Florida Statutes, is 14 created to read: 15 921.0022 Criminal Punishment Code; offense severity 16 ranking chart.-- 17 (1) The offense severity ranking chart must be used 18 with the Criminal Punishment Code worksheet to compute a 19 sentence score for each felony offender. 20 (2) The offense severity ranking chart has 10 offense 21 levels, ranked from least severe to most severe, and each 22 felony offense is assigned to a level according to the 23 severity of the offense. For purposes of determining which 24 felony offenses are specifically listed in the offense 25 severity ranking chart and which severity level has been 26 assigned to each of these offenses, the numerical statutory 27 references in the left column of the chart and the felony 28 degree designations in the middle column of the chart are 29 controlling; the language in the right column of the chart is 30 provided solely for descriptive purposes. Reclassification of 31 the degree of the felony through the application of s. 11 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 775.0845, s. 775.087, s. 775.0875, or s. 794.023, to any 2 offense listed in the offense severity ranking chart in this 3 section shall not cause the offense to become unlisted and is 4 not subject to the provisions of s. 921.0023. 5 (3) OFFENSE SEVERITY RANKING CHART 6 Florida Felony 7 Statute Degree Description 8 9 (a) LEVEL 1 10 24.118(3)(a) 3rd Counterfeit or altered state 11 lottery ticket. 12 212.054(2)(b) 3rd Discretionary sales surtax; 13 limitations, administration, and 14 collection. 15 212.15(2)(b) 3rd Failure to remit sales taxes, 16 amount greater than $300 but less 17 than $20,000. 18 319.30(5) 3rd Sell, exchange, give away 19 certificate of title or 20 identification number plate. 21 319.35(1)(a) 3rd Tamper, adjust, change, etc., an 22 odometer. 23 320.26(1)(a) 3rd Counterfeit, manufacture, or sell 24 registration license plates or 25 validation stickers. 26 322.212(1) 3rd Possession of forged, stolen, 27 counterfeit, or unlawfully issued 28 driver's license. 29 322.212(4) 3rd Supply or aid in supplying 30 unauthorized driver's license. 31 12 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 322.212(5) 3rd False application for driver's 2 license. 3 370.13(4)(a) 3rd Molest any stone crab trap, line, 4 or buoy which is property of 5 licenseholder. 6 370.135(1) 3rd Molest any blue crab trap, line, 7 or buoy which is property of 8 licenseholder. 9 372.663(1) 3rd Poach any alligator or 10 crocodilia. 11 414.39(2) 3rd Unauthorized use, possession, 12 forgery, or alteration of food 13 stamps, Medicaid ID, value 14 greater than $200. 15 414.39(3)(a) 3rd Fraudulent misappropriation of 16 public assistance funds by 17 employee/official, value more 18 than $200. 19 443.071(1) 3rd False statement or representation 20 to obtain or increase 21 unemployment compensation 22 benefits. 23 458.327(1)(a) 3rd Unlicensed practice of medicine. 24 466.026(1)(a) 3rd Unlicensed practice of dentistry 25 or dental hygiene. 26 509.151(1) 3rd Defraud an innkeeper, food or 27 lodging value greater than $300. 28 517.302(1) 3rd Violation of the Florida 29 Securities and Investor 30 Protection Act. 31 562.27(1) 3rd Possess still or still apparatus. 13 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 713.69 3rd Tenant removes property upon 2 which lien has accrued, value 3 more than $50. 4 812.014(3)(c) 3rd Petit theft (3rd conviction); 5 theft of any property not 6 specified in subsection (2). 7 812.081(2) 3rd Unlawfully makes or causes to be 8 made a reproduction of a trade 9 secret. 10 815.04(4)(a) 3rd Offense against intellectual 11 property (i.e., computer 12 programs, data). 13 817.52(2) 3rd Hiring with intent to defraud, 14 motor vehicle services. 15 826.01 3rd Bigamy. 16 828.122(3) 3rd Fighting or baiting animals. 17 831.04(1) 3rd Any erasure, alteration, etc., of 18 any replacement deed, map, plat, 19 or other document listed in s. 20 92.28. 21 831.31(1)(a) 3rd Sell, deliver, or possess 22 counterfeit controlled 23 substances, all but s. 893.03(5) 24 drugs. 25 832.041(1) 3rd Stopping payment with intent to 26 defraud $150 or more. 27 832.05 28 (2)(b) & (4)(c) 3rd Knowing, making, issuing 29 worthless checks $150 or more or 30 obtaining property in return for 31 worthless check $150 or more. 14 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 838.015(3) 3rd Bribery. 2 838.016(1) 3rd Public servant receiving unlawful 3 compensation. 4 838.15(2) 3rd Commercial bribe receiving. 5 838.16 3rd Commercial bribery. 6 843.18 3rd Fleeing by boat to elude a law 7 enforcement officer. 8 847.011(1)(a) 3rd Sell, distribute, etc., obscene, 9 lewd, etc., material (2nd 10 conviction). 11 849.01 3rd Keeping gambling house. 12 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., 13 or assist therein, conduct or 14 advertise drawing for prizes, or 15 dispose of property or money by 16 means of lottery. 17 849.23 3rd Gambling-related machines; 18 "common offender" as to property 19 rights. 20 849.25(2) 3rd Engaging in bookmaking. 21 860.08 3rd Interfere with a railroad signal. 22 860.13(1)(a) 3rd Operate aircraft while under the 23 influence. 24 893.13(2)(a)2. 3rd Purchase of cannabis. 25 893.13(6)(a) 3rd Possession of cannabis (more than 26 20 grams). 27 893.13(7)(a)10. 3rd Affix false or forged label to 28 package of controlled substance. 29 934.03(1)(a) 3rd Intercepts, or procures any other 30 person to intercept, any wire or 31 oral communication. 15 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 2 (b) LEVEL 2 3 403.413(5)(c) 3rd Dumps waste litter exceeding 500 4 lbs. in weight or 100 cubic feet 5 in volume or any quantity for 6 commercial purposes, or hazardous 7 waste. 8 517.07 3rd Registration of securities and 9 furnishing of prospectus 10 required. 11 590.28(1) 3rd Willful, malicious, or 12 intentional burning. 13 784.05(3) 3rd Storing or leaving a loaded 14 firearm within reach of minor who 15 uses it to inflict injury or 16 death. 17 787.04(1) 3rd In violation of court order, 18 take, entice, etc., minor beyond 19 state limits. 20 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 21 or more to public communication 22 or any other public service. 23 810.09(2)(e) 3rd Trespassing on posted commerical 24 horticulture property. 25 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or 26 more but less than $5,000. 27 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or 28 more but less than $300, taken 29 from unenclosed curtilage of 30 dwelling. 31 16 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 817.234(1)(a)2. 3rd False statement in support of 2 insurance claim. 3 817.481(3)(a) 3rd Obtain credit or purchase with 4 false, expired, counterfeit, 5 etc., credit card, value over 6 $300. 7 817.52(3) 3rd Failure to redeliver hired 8 vehicle. 9 817.54 3rd With intent to defraud, obtain 10 mortgage note, etc., by false 11 representation. 12 817.60(5) 3rd Dealing in credit cards of 13 another. 14 817.60(6)(a) 3rd Forgery; purchase goods, services 15 with false card. 16 817.61 3rd Fraudulent use of credit cards 17 over $100 or more within 6 18 months. 19 826.04 3rd Knowingly marries or has sexual 20 intercourse with person to whom 21 related. 22 831.01 3rd Forgery. 23 831.02 3rd Uttering forged instrument; 24 utters or publishes alteration 25 with intent to defraud. 26 831.07 3rd Forging bank bills or promissory 27 note. 28 831.08 3rd Possession of 10 or more forged 29 notes. 30 831.09 3rd Uttering forged bills; passes as 31 bank bill or promissory note. 17 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 832.05(3)(a) 3rd Cashing or depositing item with 2 intent to defraud. 3 843.08 3rd Falsely impersonating an officer. 4 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), 5 (2)(c), (3), or (4) drugs other 6 than cannabis. 7 893.147(2) 3rd Manufacture or delivery of drug 8 paraphernalia. 9 10 (c) LEVEL 3 11 39.061 3rd Escapes from juvenile facility 12 (secure detention or residential 13 commitment facility). 14 319.30(4) 3rd Possession by junkyard of motor 15 vehicle with identification 16 number plate removed. 17 319.33(1)(a) 3rd Alter or forge any certificate of 18 title to a motor vehicle or 19 mobile home. 20 319.33(1)(c) 3rd Procure or pass title on stolen 21 vehicle. 22 319.33(4) 3rd With intent to defraud, possess, 23 sell, etc., a blank, forged, or 24 unlawfully obtained title or 25 registration. 26 328.05(2) 3rd Possess, sell, or counterfeit 27 fictitious, stolen, or fraudulent 28 titles or bills of sale of 29 vessels. 30 31 18 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 328.07(4) 3rd Manufacture, exchange, or possess 2 vessel with counterfeit or wrong 3 ID number. 4 376.302(5) 3rd Fraud related to reimbursement 5 for cleanup expenses under the 6 Inland Protection Trust Fund. 7 501.001(2)(b) 2nd Tampers with a consumer product 8 or the container using materially 9 false/misleading information. 10 697.08 3rd Equity skimming. 11 790.15(3) 3rd Person directs another to 12 discharge firearm from a vehicle. 13 796.05(1) 3rd Live on earnings of a prostitute. 14 806.10(1) 3rd Maliciously injure, destroy, or 15 interfere with vehicles or 16 equipment used in firefighting. 17 806.10(2) 3rd Interferes with or assaults 18 firefighter in performance of 19 duty. 20 810.09(2)(c) 3rd Trespass on property other than 21 structure or conveyance armed 22 with firearm or dangerous weapon. 23 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 24 less than $10,000. 25 815.04(4)(b) 2nd Computer offense devised to 26 defraud or obtain property. 27 817.034(4)(a)3. 3rd Engages in scheme to defraud 28 (Florida Communications Fraud 29 Act), property valued at less 30 than $20,000. 31 817.233 3rd Burning to defraud insurer. 19 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 828.12(2) 3rd Tortures any animal with intent 2 to inflict intense pain, serious 3 physical injury, or death. 4 831.29 2nd Possession of instruments for 5 counterfeiting drivers' licenses. 6 838.021(3)(b) 3rd Threatens unlawful harm to public 7 servant. 8 843.19 3rd Injure, disable, or kill police 9 dog or horse. 10 870.01(2) 3rd Riot; inciting or encouraging. 11 893.13(1)(a)2. 3rd Sell, manufacture, or deliver 12 cannabis (or other s. 13 893.03(1)(c), (2)(c), (3), or (4) 14 drugs). 15 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 16 893.03(1)(c), (2)(c), (3), or (4) 17 drugs within 200 feet of 18 university, public housing 19 facility, or public park. 20 893.13(6)(a) 3rd Possession of any controlled 21 substance other than felony 22 possession of cannabis. 23 893.13(7)(a)9. 3rd Obtain or attempt to obtain 24 controlled substance by fraud, 25 forgery, misrepresentation, etc. 26 893.13(7)(a)11. 3rd Furnish false or fraudulent 27 material information on any 28 document or record required by 29 chapter 893. 30 918.13(1)(a) 3rd Alter, destroy, or conceal 31 investigation evidence. 20 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 944.47 2 (1)(a)1.-2. 3rd Introduce contraband to 3 correctional facility. 4 944.47(1)(c) 2nd Possess contraband while upon the 5 grounds of a correctional 6 institution. 7 8 (d) LEVEL 4 9 316.1935(2) 3rd Fleeing or attempting to elude 10 law enforcement officer resulting 11 in high-speed pursuit. 12 784.07(2)(b) 3rd Battery of law enforcement 13 officer, firefighter, intake 14 officer, etc. 15 784.075 3rd Battery on detention or 16 commitment facility staff. 17 784.08(2)(c) 3rd Battery on a person 65 years of 18 age or older. 19 784.081(3) 3rd Battery on specified official or 20 employee. 21 784.082(3) 3rd Battery by detained person on 22 visitor or other detainee. 23 787.03(1) 3rd Interference with custody; 24 wrongly takes child from 25 appointed guardian. 26 787.04(2) 3rd Take, entice, or remove child 27 beyond state limits with criminal 28 intent pending custody 29 proceedings. 30 31 21 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 787.04(3) 3rd Carrying child beyond state lines 2 with criminal intent to avoid 3 producing child at custody 4 hearing or delivering to 5 designated person. 6 790.115(1) 3rd Exhibiting firearm or weapon 7 within 1,000 feet of a school. 8 790.115(2)(b) 3rd Possessing electric weapon or 9 device, destructive device, or 10 other weapon on school property. 11 790.115(2)(c) 3rd Possessing firearm on school 12 property. 13 810.02(4)(a) 3rd Burglary, or attempted burglary, 14 of an unoccupied structure; 15 unarmed; no assault or battery. 16 810.02(4)(b) 3rd Burglary, or attempted burglary, 17 of an unoccupied conveyance; 18 unarmed; no assault or battery. 19 810.06 3rd Burglary; possession of tools. 20 810.08(2)(c) 3rd Trespass on property, armed with 21 firearm or dangerous weapon. 22 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 23 or more but less than $20,000. 24 812.014 25 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, 26 firearm, motor vehicle, 27 livestock, etc. 28 817.563(1) 3rd Sell or deliver substance other 29 than controlled substance agreed 30 upon, excluding s. 893.03(5) 31 drugs. 22 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 828.125(1) 2nd Kill, maim, or cause great bodily 2 harm or permanent breeding 3 disability to any registered 4 horse or cattle. 5 837.02(1) 3rd Perjury in official proceedings. 6 837.021(1) 3rd Make contradictory statements in 7 official proceedings. 8 843.025 3rd Deprive law enforcement, 9 correctional, or correctional 10 probation officer of means of 11 protection or communication. 12 843.15(1)(a) 3rd Failure to appear while on bail 13 for felony (bond estreature or 14 bond jumping). 15 874.05(1) 3rd Encouraging or recruiting another 16 to join a criminal street gang. 17 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 18 893.03(1)(a), (b), or (d), or 19 (2)(a) or (b) drugs). 20 914.14(2) 3rd Witnesses accepting bribes. 21 914.22(1) 3rd Force, threaten, etc., witness, 22 victim, or informant. 23 914.23(2) 3rd Retaliation against a witness, 24 victim, or informant, no bodily 25 injury. 26 918.12 3rd Tampering with jurors. 27 28 (e) LEVEL 5 29 316.027(1)(a) 3rd Accidents involving personal 30 injuries, failure to stop; 31 leaving scene. 23 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 316.1935(3) 3rd Aggravated fleeing or eluding. 2 322.34(3) 3rd Careless operation of motor 3 vehicle with suspended license, 4 resulting in death or serious 5 bodily injury. 6 327.30(5) 3rd Vessel accidents involving 7 personal injury; leaving scene. 8 381.0041(11)(b) 3rd Donate blood, plasma, or organs 9 knowing HIV positive. 10 790.01(2) 3rd Carrying a concealed firearm. 11 790.162 2nd Threat to throw or discharge 12 destructive device. 13 790.163 2nd False report of deadly explosive. 14 790.165(2) 3rd Manufacture, sell, possess, or 15 deliver hoax bomb. 16 790.221(1) 2nd Possession of short-barreled 17 shotgun or machine gun. 18 790.23 2nd Felons in possession of firearms 19 or electronic weapons or devices. 20 806.111(1) 3rd Possess, manufacture, or dispense 21 fire bomb with intent to damage 22 any structure or property. 23 812.019(1) 2nd Stolen property; dealing in or 24 trafficking in. 25 812.16(2) 3rd Owning, operating, or conducting 26 a chop shop. 27 817.034(4)(a)2. 2nd Communications fraud, value 28 $20,000 to $50,000. 29 825.1025(4) 3rd Lewd or lascivious exhibition in 30 the presence of an elderly person 31 or disabled adult. 24 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 827.071(4) 2nd Possess with intent to promote 2 any photographic material, motion 3 picture, etc., which includes 4 sexual conduct by a child. 5 843.01 3rd Resist officer with violence to 6 person; resist arrest with 7 violence. 8 874.05(2) 2nd Encouraging or recruiting another 9 to join a criminal street gang; 10 second or subsequent offense. 11 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 12 cocaine (or other s. 13 893.03(1)(a), (1)(b), (1)(d), 14 (2)(a), or (2)(b) drugs). 15 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 16 cannabis (or other s. 17 893.03(1)(c), (2)(c), (3), or (4) 18 drugs) within 1,000 feet of a 19 school. 20 893.13(1)(d)1. 1st Sell, manufacture, or deliver 21 cocaine (or other s. 22 893.03(1)(a), (1)(b), (1)(d), 23 (2)(a), or (2)(b) drugs) within 24 200 feet of university, public 25 housing facility, or public park. 26 893.13(4)(b) 2nd Deliver to minor cannabis (or 27 other s. 893.03(1)(c), (2)(c), 28 (3), or (4) drugs). 29 30 (f) LEVEL 6 31 25 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 316.027(1)(b) 2nd Accident involving death, failure 2 to stop; leaving scene. 3 316.193(2)(b) 3rd Felony DUI, 4th or subsequent 4 conviction. 5 775.0875(1) 3rd Taking firearm from law 6 enforcement officer. 7 784.021(1)(a) 3rd Aggravated assault; deadly weapon 8 without intent to kill. 9 784.021(1)(b) 3rd Aggravated assault; intent to 10 commit felony. 11 784.048(3) 3rd Aggravated stalking; credible 12 threat. 13 784.07(2)(c) 2nd Aggravated assault on law 14 enforcement officer. 15 784.08(2)(b) 2nd Aggravated assault on a person 65 16 years of age or older. 17 784.081(2) 2nd Aggravated assault on specified 18 official or employee. 19 784.082(2) 2nd Aggravated assault by detained 20 person on visitor or other 21 detainee. 22 787.02(2) 3rd False imprisonment; restraining 23 with purpose other than those in 24 s. 787.01. 25 790.115(2)(d) 2nd Discharging firearm or weapon on 26 school property. 27 790.161(2) 2nd Make, possess, or throw 28 destructive device with intent to 29 do bodily harm or damage 30 property. 31 26 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 790.164(1) 2nd False report of deadly explosive 2 or act of arson or violence to 3 state property. 4 790.19 2nd Shooting or throwing deadly 5 missiles into dwellings, vessels, 6 or vehicles. 7 794.011(8)(a) 3rd Solicitation of minor to 8 participate in sexual activity by 9 custodial adult. 10 794.05(1) 2nd Unlawful sexual activity with 11 specified minor. 12 806.031(2) 2nd Arson resulting in great bodily 13 harm to firefighter or any other 14 person. 15 810.02(3)(c) 2nd Burglary of occupied structure; 16 unarmed; no assault or battery. 17 812.014(2)(b) 2nd Property stolen $20,000 or more, 18 but less than $100,000, grand 19 theft in 2nd degree. 20 812.13(2)(c) 2nd Robbery, no firearm or other 21 weapon (strong-arm robbery). 22 817.034(4)(a)1. 1st Communications fraud, value 23 greater than $50,000. 24 817.4821(5) 2nd Possess cloning paraphernalia 25 with intent to create cloned 26 cellular telephones. 27 825.102(1) 3rd Abuse of an elderly person or 28 disabled adult. 29 825.102(3)(c) 3rd Neglect of an elderly person or 30 disabled adult. 31 27 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 825.1025(3) 3rd Lewd or lascivious molestation of 2 an elderly person or disabled 3 adult. 4 825.103(2)(c) 3rd Exploiting an elderly person or 5 disabled adult and property is 6 valued at $100 or more, but less 7 than $20,000. 8 827.03(1) 3rd Abuse of a child. 9 827.03(3)(c) 3rd Neglect of a child. 10 827.071(2)&(3) 2nd Use or induce a child in a sexual 11 performance, or promote or direct 12 such performance. 13 836.05 2nd Threats; extortion. 14 836.10 2nd Written threats to kill or do 15 bodily injury. 16 843.12 3rd Aids or assists person to escape. 17 914.23 2nd Retaliation against a witness, 18 victim, or informant, with bodily 19 injury. 20 944.35(3)(a)2. 3rd Committing malicious battery upon 21 or inflicting cruel or inhuman 22 treatment on an inmate or 23 offender on community 24 supervision, resulting in great 25 bodily harm. 26 944.40 2nd Escapes. 27 944.46 3rd Harboring, concealing, aiding 28 escaped prisoners. 29 944.47(1)(a)5. 2nd Introduction of contraband 30 (firearm, weapon, or explosive) 31 into correctional facility. 28 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 951.22(1) 3rd Intoxicating drug, firearm, or 2 weapon introduced into county 3 facility. 4 5 (g) LEVEL 7 6 316.193(3)(c)2. 3rd DUI resulting in serious bodily 7 injury. 8 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 9 bodily injury. 10 409.920(2) 3rd Medicaid provider fraud. 11 494.0018(2) 1st Conviction of any violation of 12 ss. 494.001-494.0077 in which the 13 total money and property 14 unlawfully obtained exceeded 15 $50,000 and there were five or 16 more victims. 17 782.07(1) 2nd Killing of a human being by the 18 act, procurement, or culpable 19 negligence of another 20 (manslaughter). 21 782.071 3rd Killing of human being by the 22 operation of a motor vehicle in a 23 reckless manner (vehicular 24 homicide). 25 782.072 3rd Killing of a human being by the 26 operation of a vessel in a 27 reckless manner (vessel 28 homicide). 29 784.045(1)(a)1. 2nd Aggravated battery; intentionally 30 causing great bodily harm or 31 disfigurement. 29 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 784.045(1)(a)2. 2nd Aggravated battery; using deadly 2 weapon. 3 784.045(1)(b) 2nd Aggravated battery; perpetrator 4 aware victim pregnant. 5 784.048(4) 3rd Aggravated stalking; violation of 6 injunction or court order. 7 784.07(2)(d) 1st Aggravated battery on law 8 enforcement officer. 9 784.08(2)(a) 1st Aggravated battery on a person 65 10 years of age or older. 11 784.081(1) 1st Aggravated battery on specified 12 official or employee. 13 784.082(1) 1st Aggravated battery by detained 14 person on visitor or other 15 detainee. 16 790.07(4) 1st Specified weapons violation 17 subsequent to previous conviction 18 of s. 790.07(1) or (2). 19 790.16(1) 1st Discharge of a machine gun under 20 specified circumstances. 21 796.03 2nd Procuring any person under 16 22 years for prostitution. 23 800.04 2nd Handle, fondle, or assault child 24 under 16 years in lewd, 25 lascivious, or indecent manner. 26 806.01(2) 2nd Maliciously damage structure by 27 fire or explosive. 28 810.02(3)(a) 2nd Burglary of occupied dwelling; 29 unarmed; no assault or battery. 30 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 31 unarmed; no assault or battery. 30 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 810.02(3)(d) 2nd Burglary of occupied conveyance; 2 unarmed; no assault or battery. 3 812.014(2)(a) 1st Property stolen, valued at 4 $100,000 or more; property stolen 5 while causing other property 6 damage; 1st degree grand theft. 7 812.019(2) 1st Stolen property; initiates, 8 organizes, plans, etc., the theft 9 of property and traffics in 10 stolen property. 11 812.133(2)(b) 1st Carjacking; no firearm, deadly 12 weapon, or other weapon. 13 825.102(3)(b) 2nd Neglecting an elderly person or 14 disabled adult causing great 15 bodily harm, disability, or 16 disfigurement. 17 825.1025(2) 2nd Lewd or lascivious battery upon 18 an elderly person or disabled 19 adult. 20 825.103(2)(b) 2nd Exploiting an elderly person or 21 disabled adult and property is 22 valued at $20,000 or more, but 23 less than $100,000. 24 827.03(3)(b) 2nd Neglect of a child causing great 25 bodily harm, disability, or 26 disfigurement. 27 827.04(4) 3rd Impregnation of a child under 16 28 years of age by person 21 years 29 of age or older. 30 872.06 2nd Abuse of a dead human body. 31 31 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 893.13(1)(c)1. 1st Sell, manufacture, or deliver 2 cocaine (or other s. 3 893.03(1)(a), (1)(b), (1)(d), 4 (2)(a), or (2)(b) drugs) within 5 1,000 feet of a school. 6 893.13(4)(a) 1st Deliver to minor cocaine (or 7 other s. 893.03(1)(a), (1)(b), 8 (1)(d), (2)(a), or (2)(b) drugs). 9 893.135(1)(a)1. 1st Trafficking in cannabis, more 10 than 50 lbs., less than 2,000 11 lbs. 12 893.135 13 (1)(b)1.a. 1st Trafficking in cocaine, more than 14 28 grams, less than 200 grams. 15 893.135 16 (1)(c)1.a. 1st Trafficking in illegal drugs, 17 more than 4 grams, less than 14 18 grams. 19 893.135 20 (1)(d)1. 1st Trafficking in phencyclidine, 21 more than 28 grams, less than 200 22 grams. 23 893.135(1)(e)1. 1st Trafficking in methaqualone, more 24 than 200 grams, less than 5 25 kilograms. 26 893.135(1)(f)1. 1st Trafficking in amphetamine, more 27 than 14 grams, less than 28 28 grams. 29 30 (h) LEVEL 8 31 32 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 316.193 2 (3)(c)3.a. 2nd DUI manslaughter. 3 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 4 777.03(2)(a) 1st Accessory after the fact, capital 5 felony. 6 782.04(4) 2nd Killing of human without design 7 when engaged in act or attempt of 8 any felony other than arson, 9 sexual battery, robbery, 10 burglary, kidnapping, aircraft 11 piracy, or unlawfully discharging 12 bomb. 13 782.071(2) 2nd Committing vehicular homicide and 14 failing to render aid or give 15 information. 16 782.072(2) 2nd Committing vessel homicide and 17 failing to render aid or give 18 information. 19 790.161(3) 1st Discharging a destructive device 20 which results in bodily harm or 21 property damage. 22 794.011(5) 2nd Sexual battery, victim 12 years 23 or over, offender does not use 24 physical force likely to cause 25 serious injury. 26 806.01(1) 1st Maliciously damage dwelling or 27 structure by fire or explosive, 28 believing person in structure. 29 810.02(2)(a) 1st,PBL Burglary with assault or battery. 30 810.02(2)(b) 1st,PBL Burglary; armed with explosives 31 or dangerous weapon. 33 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 810.02(2)(c) 1st Burglary of a dwelling or 2 structure causing structural 3 damage or $1,000 or more property 4 damage. 5 812.13(2)(b) 1st Robbery with a weapon. 6 812.135(2) 1st Home-invasion robbery. 7 825.102(2) 2nd Aggravated abuse of an elderly 8 person or disabled adult. 9 825.103(2)(a) 1st Exploiting an elderly person or 10 disabled adult and property is 11 valued at $100,000 or more. 12 827.03(2) 2nd Aggravated child abuse. 13 860.121(2)(c) 1st Shooting at or throwing any 14 object in path of railroad 15 vehicle resulting in great bodily 16 harm. 17 860.16 1st Aircraft piracy. 18 893.13(1)(b) 1st Sell or deliver in excess of 10 19 grams of any substance specified 20 in s. 893.03(1)(a) or (b). 21 893.13(2)(b) 1st Purchase in excess of 10 grams of 22 any substance specified in s. 23 893.03(1)(a) or (b). 24 893.13(6)(c) 1st Possess in excess of 10 grams of 25 any substance specified in s. 26 893.03(1)(a) or (b). 27 893.135(1)(a)2. 1st Trafficking in cannabis, more 28 than 2,000 lbs., less than 10,000 29 lbs. 30 31 34 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 893.135 2 (1)(b)1.b. 1st Trafficking in cocaine, more than 3 200 grams, less than 400 grams. 4 893.135 5 (1)(c)1.b. 1st Trafficking in illegal drugs, 6 more than 14 grams, less than 28 7 grams. 8 893.135(1)(d)1.b. 1st Trafficking in phencyclidine, 9 more than 200 grams, less than 10 400 grams. 11 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more 12 than 5 kilograms, less than 25 13 kilograms. 14 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more 15 than 28 grams, less than 200 16 grams. 17 895.03(1) 1st Use or invest proceeds derived 18 from pattern of racketeering 19 activity. 20 895.03(2) 1st Acquire or maintain through 21 racketeering activity any 22 interest in or control of any 23 enterprise or real property. 24 895.03(3) 1st Conduct or participate in any 25 enterprise through pattern of 26 racketeering activity. 27 28 (i) LEVEL 9 29 316.193 30 (3)(c)3.b. 1st DUI manslaughter; failing to 31 render aid or give information. 35 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 782.04(1) 1st Attempt, conspire, or solicit to 2 commit premeditated murder. 3 782.04(3) 1st,PBL Accomplice to murder in 4 connection with arson, sexual 5 battery, robbery, burglary, and 6 other specified felonies. 7 782.07(2) 1st Aggravated manslaughter of an 8 elderly person or disabled adult. 9 782.07(3) 1st Aggravated manslaughter of a 10 child. 11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or 12 reward or as a shield or hostage. 13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit 14 or facilitate commission of any 15 felony. 16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to 17 interfere with performance of any 18 governmental or political 19 function. 20 787.02(3)(a) 1st False imprisonment; child under 21 age 13; perpetrator also commits 22 child abuse, sexual battery, 23 lewd, or lascivious act, etc. 24 790.161 1st Attempted capital destructive 25 device offense. 26 794.011(2) 1st Attempted sexual battery; victim 27 less than 12 years of age. 28 794.011(2) Life Sexual battery; offender younger 29 than 18 years and commits sexual 30 battery on a person less than 12 31 years. 36 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 794.011(4) 1st Sexual battery; victim 12 years 2 or older, certain circumstances. 3 794.011(8)(b) 1st Sexual battery; engage in sexual 4 conduct with minor 12 to 18 years 5 by person in familial or 6 custodial authority. 7 812.13(2)(a) 1st,PBL Robbery with firearm or other 8 deadly weapon. 9 812.133(2)(a) 1st,PBL Carjacking; firearm or other 10 deadly weapon. 11 847.0145(1) 1st Selling, or otherwise 12 transferring custody or control, 13 of a minor. 14 847.0145(2) 1st Purchasing, or otherwise 15 obtaining custody or control, of 16 a minor. 17 859.01 1st Poisoning food, drink, medicine, 18 or water with intent to kill or 19 injure another person. 20 893.135 1st Attempted capital trafficking 21 offense. 22 893.135(1)(a)3. 1st Trafficking in cannabis, more 23 than 10,000 lbs. 24 893.135 25 (1)(b)1.c. 1st Trafficking in cocaine, more than 26 400 grams, less than 150 27 kilograms. 28 893.135 29 (1)(c)1.c. 1st Trafficking in illegal drugs, 30 more than 28 grams, less than 30 31 kilograms. 37 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 893.135(1)(d)1.c. 1st Trafficking in phencyclidine, 2 more than 400 grams. 3 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more 4 than 25 kilograms. 5 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more 6 than 200 grams. 7 8 (j) LEVEL 10 9 782.04(2) 1st,PBL Unlawful killing of human; act is 10 homicide, unpremeditated. 11 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm 12 upon or terrorize victim. 13 787.01(3)(a) Life Kidnapping; child under age 13, 14 perpetrator also commits child 15 abuse, sexual battery, lewd, or 16 lascivious act, etc. 17 794.011(3) Life Sexual battery; victim 12 years 18 or older, offender uses or 19 threatens to use deadly weapon or 20 physical force to cause serious 21 injury. 22 876.32 1st Treason against the state. 23 Section 6. Section 921.0023, Florida Statutes, is 24 created to read: 25 921.0023 Criminal Punishment Code; ranking unlisted 26 felony offenses.--A felony offense not listed in s. 921.0022 27 is ranked with respect to offense severity level by the 28 Legislature, commensurate with the harm or potential harm that 29 is caused by the offense to the community. Until the 30 Legislature specifically assigns an offense to a severity 31 38 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 level in the offense severity ranking chart, the severity 2 level is within the following parameters: 3 (1) A felony of the third degree within offense level 4 1. 5 (2) A felony of the second degree within offense level 6 4. 7 (3) A felony of the first degree within offense level 8 7. 9 (4) A felony of the first degree punishable by life 10 within offense level 9. 11 (5) A life felony within offense level 10. 12 13 For purposes of determining whether a felony offense has been 14 specifically listed in the offense ranking chart provided in 15 s. 921.0022(3), and the severity level that has been assigned 16 to an offense listed in the chart, the numerical statutory 17 reference in the left column of the chart, and the felony 18 degree designation in the middle column of the chart, are 19 controlling; the language in the right column of the chart is 20 provided solely for descriptive purposes. 21 Section 7. Section 921.0024, Florida Statutes, is 22 created to read: 23 921.0024 Criminal Punishment Code; worksheet 24 computations; scoresheets.-- 25 (1) 26 (a) The Criminal Punishment Code worksheet is used to 27 compute the subtotal and total sentence points as follows: 28 29 FLORIDA CRIMINAL PUNISHMENT CODE WORKSHEET 30 31 OFFENSE SCORE 39 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 2 Primary Offense 3 Level Sentence Points Total 4 5 .............................................................. 6 10 116 = .... 7 9 92 = .... 8 8 74 = .... 9 7 56 = .... 10 6 36 = .... 11 5 28 = .... 12 4 22 = .... 13 3 16 = .... 14 2 10 = .... 15 1 4 = .... 16 .............................................................. 17 Total 18 19 20 Additional Offenses 21 Level Sentence Points Counts Total 22 .............................................................. 23 10 58 x .... = .... 24 9 46 x .... = .... 25 8 37 x .... = .... 26 7 28 x .... = .... 27 6 18 x .... = .... 28 5 5.4 x .... = .... 29 4 3.6 x .... = .... 30 3 2.4 x .... = .... 31 2 1.2 x .... = .... 40 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 1 0.7 x .... = .... 2 M 0.2 x .... = .... 3 .............................................................. 4 Total 5 6 7 Victim Injury 8 Level Sentence Points Number Total 9 .............................................................. 10 2nd degree 11 murder- 12 death 240 x .... = .... 13 Death 120 x .... = .... 14 Severe 40 x .... = .... 15 Sexual 16 penetration 80 x .... = .... 17 Moderate 18 x .... = .... 18 Sexual 19 contact 40 x .... = .... 20 Slight 4 x .... = .... 21 .............................................................. 22 Total 23 24 Primary Offense + Additional Offenses + Victim Injury = 25 TOTAL OFFENSE SCORE 26 27 PRIOR RECORD SCORE 28 29 30 31 41 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Prior Record 2 Level Sentence Points Number Total 3 4 .............................................................. 5 10 29 x .... = .... 6 9 23 x .... = .... 7 8 19 x .... = .... 8 7 14 x .... = .... 9 6 9 x .... = .... 10 5 3.6 x .... = .... 11 4 2.4 x .... = .... 12 3 1.6 x .... = .... 13 2 0.8 x .... = .... 14 1 0.5 x .... = .... 15 M 0.2 x .... = .... 16 .............................................................. 17 Total 18 19 20 TOTAL OFFENSE SCORE........................................ 21 TOTAL PRIOR RECORD SCORE................................... 22 23 LEGAL STATUS............................................... 24 COMMUNITY SANCTION VIOLATION............................... 25 PRIOR SERIOUS FELONY....................................... 26 PRIOR CAPITAL FELONY....................................... 27 FIREARM OR SEMIAUTOMATIC WEAPON............................ 28 SUBTOTAL........ 29 30 VIOLENT CAREER CRIMINAL (no)(yes).......................... 31 VIOLENT HABITUAL OFFENDER (no)(yes)........................ 42 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 HABITUAL OFFENDER (no)(yes)................................ 2 DRUG TRAFFICKER (no)(yes) (x multiplier)................... 3 LAW ENF. PROTECT. (no)(yes) (x multiplier)................. 4 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)............... 5 CRIMINAL STREET GANG MEMBER (no)(yes) (x multiplier)....... 6 .............................................................. 7 TOTAL SENTENCE POINTS........ 8 9 (b) WORKSHEET KEY: 10 11 Legal status points are assessed when any form of legal status 12 existed at the time the offender committed an offense before 13 the court for sentencing. Four (4) sentence points are 14 assessed for an offender's legal status. 15 16 Community sanction violation points are assessed when a 17 community sanction violation is before the court for 18 sentencing. Six (6) sentence points are assessed for each 19 community sanction violation, and each successive community 20 sanction violation; however, if the community sanction 21 violation includes a new felony conviction before the 22 sentencing court, twelve (12) community sanction violation 23 points are assessed for such violation, and for each 24 successive community sanction violation involving a new felony 25 conviction. Multiple counts of community sanction violations 26 before the sentencing court shall not be a basis for 27 multiplying the assessment of community sanction violation 28 points. 29 30 Prior serious felony points: If the offender has a primary 31 offense or any additional offense ranked in level 8, level 9, 43 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 or level 10, and one or more prior serious felonies, a single 2 assessment of 30 points shall be added. For purposes of this 3 section, a prior serious felony is an offense in the 4 offender's prior record that is ranked in level 8, level 9, or 5 level 10 under s. 921.0022 or s. 921.0023 and for which the 6 offender is serving a sentence of confinement, supervision, or 7 other sanction or for which the offender's date of release 8 from confinement, supervision, or other sanction, whichever is 9 later, is within 3 years before the date the primary offense 10 or any additional offense was committed. 11 12 Prior capital felony points: If the offender has one or more 13 prior capital felonies, points shall be added to the subtotal 14 sentence points of the offender equal to twice the number of 15 points the offender receives for the primary offense and any 16 additional offense. A prior capital felony is a capital 17 felony offense for which the offender has been found guilty; 18 or a felony in another jurisdiction which is a capital felony 19 in that jurisdiction, or would be a capital felony if the 20 offense were committed in this state. 21 22 Possession of a firearm, semiautomatic firearm, or machine 23 gun: If the offender is convicted of committing or attempting 24 to commit any felony other than those enumerated in s. 25 775.087(2) while having in his possession: a firearm as 26 defined in s. 790.001(6), an additional 18 sentence points are 27 assessed; or if the offender is convicted of committing or 28 attempting to commit any felony other than those enumerated in 29 s. 775.087(3) while having in his possession a semiautomatic 30 firearm as defined in s. 775.087(3) or a machine gun as 31 44 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 defined in s. 790.001(9), an additional 25 sentence points are 2 assessed. 3 4 Sentencing multipliers: 5 6 Drug trafficking: If the primary offense is drug trafficking 7 under s. 893.135, the subtotal sentence points are multiplied, 8 at the discretion of the court, for a level 7 or level 8 9 offense, by 1.5. The state attorney may move the sentencing 10 court to reduce or suspend the sentence of a person convicted 11 of a level 7 or level 8 offense, if the offender provides 12 substantial assistance as described in s. 893.135(4). 13 14 Law enforcement protection: If the primary offense is a 15 violation of the Law Enforcement Protection Act under s. 16 775.0823(2), the subtotal sentence points are multiplied by 17 2.5. If the primary offense is a violation of s. 775.0823(3), 18 (4), (5), (6), (7), or (8), the subtotal sentence points are 19 multiplied by 2.0. If the primary offense is a violation of s. 20 784.07(3) or s. 775.0875(1), or of the Law Enforcement 21 Protection Act under s. 775.0823(9) or (10), the subtotal 22 sentence points are multiplied by 1.5. 23 24 Grand theft of a motor vehicle: If the primary offense is 25 grand theft of the third degree involving a motor vehicle and 26 in the offender's prior record, there are three or more grand 27 thefts of the third degree involving a motor vehicle, the 28 subtotal sentence points are multiplied by 1.5. 29 30 Criminal street gang member: If the offender is convicted of 31 the primary offense and is found to have been a member of a 45 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 criminal street gang at the time of the commission of the 2 primary offense pursuant to s. 874.04, the subtotal sentence 3 points are multiplied by 1.5. 4 (2) The lowest permissible sentence in prison months 5 that may be imposed by the court, absent a valid reason to 6 depart, shall be calculated by subtracting 28 points from the 7 total sentence points and decreasing the remaining total by 25 8 percent. If the lowest permissible sentence in prison months 9 is less than or equal to 12, a nonstate prison sanction may be 10 imposed. The total sentence points shall be calculated only as 11 a means of determining the lowest permissible sentence. The 12 permissible range for sentencing shall be the lowest 13 permissible sentence up to and including the statutory 14 maximum, as defined in s. 775.082, for the primary offense. 15 (3) A single scoresheet shall be prepared for each 16 defendant, except that if the defendant is before the court 17 for sentencing for more than one felony and the felonies were 18 committed under more than one version or revision of the 19 guidelines or the code, separate scoresheets must be prepared. 20 The scoresheet or scoresheets must cover all the defendant's 21 offenses pending before the court for sentencing. Either the 22 office of the state attorney or the Department of Corrections, 23 or both where appropriate, shall prepare the scoresheet or 24 scoresheets, which must be presented to the defense counsel 25 for review for accuracy in all cases unless the judge directs 26 otherwise. The defendant's scoresheet or scoresheets must be 27 approved and signed by the sentencing judge. 28 (4) The clerks of the circuit courts for the 29 individual counties shall distribute sufficient copies of the 30 Criminal Punishment Code scoresheets to those persons charged 31 with the responsibility for preparing scoresheets, either the 46 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 office of the state attorney or the Department of Corrections, 2 or both where appropriate. 3 (5) 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 (6) A copy of the individual offender's Criminal 10 Punishment Code scoresheet and any attachments thereto 11 prepared pursuant to Rule 3.701, Florida Rules of Criminal 12 Procedure, must be attached to the copy of the uniform 13 judgment and sentence form provided to the Department of 14 Corrections. 15 Section 8. Section 921.0026, Florida Statutes, is 16 created to read: 17 921.0026 Mitigating circumstances.-- 18 (1) A downward departure from the permissible sentence 19 is discouraged unless there are circumstances or factors that 20 reasonably justify the downward departure. Mitigating factors 21 to be considered include, but are not limited to, those listed 22 in subsection (2). The imposition of a sentence below the 23 permissible sentencing range is subject to appellate review 24 under chapter 924, but the extent of downward departure is not 25 subject to appellate review. 26 (2) Mitigating circumstances under which a departure 27 from the permissible sentencing range is reasonably justified 28 include, but are not limited to: 29 (a) The departure results from a legitimate, uncoerced 30 plea bargain. 31 47 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (b) The defendant was an accomplice to the offense and 2 was a relatively minor participant in the criminal conduct. 3 (c) The capacity of the defendant to appreciate the 4 criminal nature of the conduct or to conform that conduct to 5 the requirements of law was substantially impaired. 6 (d) The defendant requires specialized treatment for a 7 mental disorder that is unrelated to substance abuse or 8 addiction or for a physical disability, and the defendant is 9 amenable to treatment. 10 (e) The need for payment of restitution to the victim 11 outweighs the need for a prison sentence. 12 (f) The victim was an initiator, willing participant, 13 aggressor, or provoker of the incident. 14 (g) The defendant acted under extreme duress or under 15 the domination of another person. 16 (h) Before the identity of the defendant was 17 determined, the victim was substantially compensated. 18 (i) The defendant cooperated with the state to resolve 19 the current offense or any other offense. 20 (j) The offense was committed in an unsophisticated 21 manner and was an isolated incident for which the defendant 22 has shown remorse. 23 (k) At the time of the offense the defendant was too 24 young to appreciate the consequences of the offense. 25 (l) The defendant is to be sentenced as a youthful 26 offender. 27 (3) The defendant's substance abuse or addiction, 28 including intoxication at the time of the offense, is not a 29 mitigating factor under subsection (2) and does not, under any 30 circumstances, justify a downward departure from the 31 permissible sentencing range. 48 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Section 9. Paragraph (b) of subsection (6) of section 2 20.315, Florida Statutes, 1996 Supplement, is amended to read: 3 20.315 Department of Corrections.--There is created a 4 Department of Corrections. 5 (6) FLORIDA CORRECTIONS COMMISSION.-- 6 (b) The primary functions of the commission are to: 7 1. Recommend major correctional policies for the 8 Governor's approval, and assure that approved policies and any 9 revisions thereto are properly executed. 10 2. Periodically review the status of the state 11 correctional system and recommend improvements therein to the 12 Governor and the Legislature. 13 3. Perform an in-depth review of the recommendations 14 of the Sentencing Guidelines Commission on the need for 15 changes in the guidelines and of any alternative proposals 16 submitted by the Division of Economic and Demographic Research 17 of the Joint Legislative Management Committee to revise 18 statewide sentencing guidelines. 19 3.4. Annually perform an in-depth review of 20 community-based intermediate sanctions and recommend to the 21 Governor and the Legislature intergovernmental approaches 22 through the Community Corrections Partnership Act for planning 23 and implementing such sanctions and programs. 24 4.5. Perform an in-depth evaluation of the annual 25 budget request of the Department of Corrections, the 26 comprehensive correctional master plan, and the tentative 27 construction program for compliance with all applicable laws 28 and established departmental policies. The commission may not 29 consider individual construction projects, but shall consider 30 methods of accomplishing the department's goals in the most 31 effective, efficient, and businesslike manner. 49 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 5.6. Routinely monitor the financial status of the 2 Department of Corrections to assure that the department is 3 managing revenue and any applicable bond proceeds responsibly 4 and in accordance with law and established policy. 5 6.7. Evaluate, at least quarterly, the efficiency, 6 productivity, and management of the Department of Corrections, 7 using performance and production standards developed by the 8 department under subsection (18). 9 7.8. Provide public education on corrections and 10 criminal justice issues. 11 8.9. Report to the President of the Senate, the 12 Speaker of the House of Representatives, and the Governor by 13 November 1 of each year. The first annual report of the 14 commission shall be made by November 1, 1995. 15 Section 10. Subsection (4) of section 39.0581, Florida 16 Statutes, 1996 Supplement, is amended to read: 17 39.0581 Maximum-risk residential program.--A 18 maximum-risk residential program is a physically secure 19 residential commitment program with a designated length of 20 stay from 18 months to 36 months, primarily serving children 21 13 years of age to 19 years of age, or until the jurisdiction 22 of the court expires. The court may retain jurisdiction over 23 the child until the child reaches the age of 21, specifically 24 for the purpose of the child completing the program. Each 25 child committed to this level must meet one of the following 26 criteria: 27 (4) The youth is at least 13 years of age at the time 28 of the disposition for the current offense, the youth is 29 eligible for prosecution as an adult for the current offense, 30 and the current offense is ranked at level 7 or higher on the 31 50 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Criminal Punishment Code sentencing guidelines offense 2 severity ranking chart pursuant to s. 921.0022 s. 921.0012. 3 Section 11. Section 775.0823, Florida Statutes, is 4 amended to read: 5 775.0823 Violent offenses committed against law 6 enforcement officers, correctional officers, state attorneys, 7 assistant state attorneys, justices, or judges.--Any provision 8 of law to the contrary notwithstanding, the Legislature does 9 hereby provide for an increase and certainty of penalty for 10 any person convicted of a violent offense against any law 11 enforcement or correctional officer, as defined in s. 12 943.10(1), (2), (3), (6), (7), (8), or (9); against any state 13 attorney elected pursuant to s. 27.01 or assistant state 14 attorney appointed under s. 27.181; or against any justice or 15 judge of a court described in Art. V of the State 16 Constitution, which offense arises out of or in the scope of 17 the officer's duty as a law enforcement or correctional 18 officer, the state attorney's or assistant state attorney's 19 duty as a prosecutor or investigator, or the justice's or 20 judge's duty as a judicial officer, as follows: 21 (1) For murder in the first degree as described in s. 22 782.04(1), if the death sentence is not imposed, a sentence of 23 imprisonment for life without eligibility for release. 24 (2) For attempted murder in the first degree as 25 described in s. 782.04(1), a sentence pursuant to the Criminal 26 Punishment Code sentencing guidelines. 27 (3) For murder in the second degree as described in s. 28 782.04(2) and (3), a sentence pursuant to the Criminal 29 Punishment Code sentencing guidelines. 30 31 51 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (4) For attempted murder in the second degree as 2 described in s. 782.04(2) and (3), a sentence pursuant to the 3 Criminal Punishment Code sentencing guidelines. 4 (5) For murder in the third degree as described in s. 5 782.04(4), a sentence pursuant to the Criminal Punishment Code 6 sentencing guidelines. 7 (6) For attempted murder in the third degree as 8 described in s. 782.04(4), a sentence pursuant to the Criminal 9 Punishment Code sentencing guidelines. 10 (7) For manslaughter as described in s. 782.07 during 11 the commission of a crime, a sentence pursuant to the Criminal 12 Punishment Code sentencing guidelines. 13 (8) For kidnapping as described in s. 787.01, a 14 sentence pursuant to the Criminal Punishment Code sentencing 15 guidelines. 16 (9) For aggravated battery as described in s. 784.045, 17 a sentence pursuant to the Criminal Punishment Code sentencing 18 guidelines. 19 (10) For aggravated assault as described in s. 20 784.021, a sentence pursuant to the Criminal Punishment Code 21 sentencing guidelines. 22 23 Notwithstanding the provisions of s. 948.01, with respect to 24 any person who is found to have violated this section, 25 adjudication of guilt or imposition of sentence shall not be 26 suspended, deferred, or withheld. 27 Section 12. Paragraphs (a) and (b) of subsection (3) 28 and paragraph (g) of subsection (4) of section 775.084, 29 Florida Statutes, 1996 Supplement, are amended to read: 30 31 52 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 775.084 Violent career criminals; habitual felony 2 offenders and habitual violent felony offenders; definitions; 3 procedure; enhanced penalties.-- 4 (3)(a) In a separate proceeding, the court shall 5 determine if the defendant is a habitual felony offender or a 6 habitual violent felony offender. The procedure shall be as 7 follows: 8 1. The court shall obtain and consider a presentence 9 investigation prior to the imposition of a sentence as a 10 habitual felony offender or a habitual violent felony 11 offender. 12 2. Written notice shall be served on the defendant and 13 the defendant's attorney a sufficient time prior to the entry 14 of a plea or prior to the imposition of sentence in order to 15 allow the preparation of a submission on behalf of the 16 defendant. 17 3. Except as provided in subparagraph 1., all evidence 18 presented shall be presented in open court with full rights of 19 confrontation, cross-examination, and representation by 20 counsel. 21 4. Each of the findings required as the basis for such 22 sentence shall be found to exist by a preponderance of the 23 evidence and shall be appealable to the extent normally 24 applicable to similar findings. 25 5. For the purpose of identification of a habitual 26 felony offender or a habitual violent felony offender, the 27 court shall fingerprint the defendant pursuant to s. 921.241. 28 6. For an offense committed on or after October 1, 29 1995, if the state attorney pursues a habitual felony offender 30 sanction or a habitual violent felony offender sanction 31 against the defendant and the court, in a separate proceeding 53 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 pursuant to this paragraph, determines that the defendant 2 meets the criteria under subsection (1) for imposing such 3 sanction, the court must sentence the defendant as a habitual 4 felony offender or a habitual violent felony offender, subject 5 to imprisonment pursuant to this section unless the court 6 finds that such sentence is not necessary for the protection 7 of the public. If the court finds that it is not necessary 8 for the protection of the public to sentence the defendant as 9 a habitual felony offender or a habitual violent felony 10 offender, the court shall provide written reasons; a written 11 transcript of orally stated reasons is permissible, if filed 12 by the court within 7 days after the date of sentencing. Each 13 month, the court shall submit to the Sentencing Commission the 14 written reasons or transcripts in each case in which the court 15 determines not to impose a habitual felony offender sanction 16 or a habitual violent felony offender sanction. 17 (b) In a separate proceeding, the court shall 18 determine whether the defendant is a violent career criminal 19 with respect to a primary offense committed on or after 20 October 1, 1995. The procedure shall be as follows: 21 1. Written notice shall be served on the defendant and 22 the defendant's attorney a sufficient time prior to the entry 23 of a plea or prior to the imposition of sentence in order to 24 allow the preparation of a submission on behalf of the 25 defendant. 26 2. All evidence presented shall be presented in open 27 court with full rights of confrontation, cross-examination, 28 and representation by counsel. 29 3. Each of the findings required as the basis for such 30 sentence shall be found to exist by a preponderance of the 31 54 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 evidence and shall be appealable only as provided in paragraph 2 (c). 3 4. For the purpose of identification, the court shall 4 fingerprint the defendant pursuant to s. 921.241. 5 5. For an offense committed on or after October 1, 6 1995, if the state attorney pursues a violent career criminal 7 sanction against the defendant and the court, in a separate 8 proceeding pursuant to this paragraph, determines that the 9 defendant meets the criteria under subsection (1) for imposing 10 such sanction, the court must sentence the defendant as a 11 violent career criminal, subject to imprisonment pursuant to 12 this section unless the court finds that such sentence is not 13 necessary for the protection of the public. If the court 14 finds that it is not necessary for the protection of the 15 public to sentence the defendant as a violent career criminal, 16 the court shall provide written reasons; a written transcript 17 of orally stated reasons is permissible, if filed by the court 18 within 7 days after the date of sentencing. Each month, the 19 court shall submit to the Sentencing Commission the written 20 reasons or transcripts in each case in which the court 21 determines not to impose a violent career criminal sanction. 22 (4) 23 (g) A sentence imposed under this section is not 24 subject to s. 921.002 s. 921.001. 25 Section 13. Section 775.0845, Florida Statutes, is 26 amended to read: 27 775.0845 Wearing mask while committing offense; 28 reclassification enhanced penalties.--The felony or 29 misdemeanor degree of penalty for any criminal offense, other 30 than a violation of ss. 876.12-876.15, shall be reclassified 31 to the next higher degree increased as provided in this 55 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 section if, while committing the offense, the offender was 2 wearing a hood, mask, or other device that concealed his or 3 her identity. 4 (1)(a) In the case of a misdemeanor of the second 5 degree, the offense is reclassified to shall be punishable as 6 if it were a misdemeanor of the first degree. 7 (b) In the case of a misdemeanor of the first degree, 8 the offense is reclassified to shall be punishable as if it 9 were a felony of the third degree. For purposes of sentencing 10 under chapter 921 and determining incentive gain-time 11 eligibility under chapter 944, such offense is ranked in level 12 2 of the offense severity ranking chart. 13 (2)(a) In the case of a felony of the third degree, 14 the offense is reclassified to shall be punishable as if it 15 were a felony of the second degree. 16 (b) In the case of a felony of the second degree, the 17 offense is reclassified to shall be punishable as if it were a 18 felony of the first degree. 19 20 For purposes of sentencing under chapter 921 and determining 21 incentive gain-time eligibility under chapter 944, a felony 22 offense that which is reclassified under this subsection is 23 ranked one level above the ranking under s. 921.0012, or s. 24 921.0013, s. 921.0022, or s. 921.0023 of the offense 25 committed. 26 Section 14. Subsection (1) of section 775.087, Florida 27 Statutes, 1996 Supplement, is amended to read: 28 775.087 Possession or use of weapon; aggravated 29 battery; felony reclassification; minimum sentence.-- 30 (1) Unless otherwise provided by law, whenever a 31 person is charged with a felony, except a felony in which the 56 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 use of a weapon or firearm is an essential element, and during 2 the commission of such felony the defendant carries, displays, 3 uses, threatens, or attempts to use any weapon or firearm, or 4 during the commission of such felony the defendant commits an 5 aggravated battery, the felony for which the person is charged 6 shall be reclassified as follows: 7 (a) In the case of a felony of the first degree, to a 8 life felony. 9 (b) In the case of a felony of the second degree, to a 10 felony of the first degree. 11 (c) In the case of a felony of the third degree, to a 12 felony of the second degree. 13 14 For purposes of sentencing under chapter 921 and determining 15 incentive gain-time eligibility under chapter 944, a felony 16 offense which is reclassified under this section is ranked one 17 level above the ranking under s. 921.0022 s. 921.0012 or s. 18 921.0023 s. 921.0013 of the felony offense committed. 19 Section 15. Section 775.0875, Florida Statutes, 1996 20 Supplement, is amended to read: 21 775.0875 Unlawful taking, possession, or use of law 22 enforcement officer's firearm; crime reclassification; 23 penalties.-- 24 (1) A person who, without authorization, takes a 25 firearm from a law enforcement officer lawfully engaged in law 26 enforcement duties commits a felony of the third degree, 27 punishable as provided in s. 775.082, s. 775.083, or s. 28 775.084. 29 (2) If a person violates subsection (1) and commits 30 any other crime involving the firearm taken from the law 31 57 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 enforcement officer, such crime shall be reclassified as 2 follows: 3 (a)1. In the case of a felony of the first degree, to 4 a life felony. 5 2. In the case of a felony of the second degree, to a 6 felony of the first degree. 7 3. In the case of a felony of the third degree, to a 8 felony of the second degree. 9 10 For purposes of sentencing under chapter 921 and determining 11 incentive gain-time eligibility under chapter 944, a felony 12 offense that is reclassified under this paragraph is ranked 13 one level above the ranking under s. 921.0022 s. 921.0012 or 14 s. 921.0023 s. 921.0013 of the felony offense committed. 15 (b) In the case of a misdemeanor, to a felony of the 16 third degree. For purposes of sentencing under chapter 921 and 17 determining incentive gain-time eligibility under chapter 944, 18 such offense is ranked in level 2 of the offense severity 19 ranking chart. 20 (3) A person who possesses a firearm that he or she 21 knows was unlawfully taken from a law enforcement officer 22 commits a misdemeanor of the first degree, punishable as 23 provided in s. 775.082 or s. 775.083. 24 Section 16. Section 777.03, Florida Statutes, is 25 amended to read: 26 777.03 Accessory after the fact.-- 27 (1) Any person not standing in the relation of husband 28 or wife, parent or grandparent, child or grandchild, brother 29 or sister, by consanguinity or affinity to the offender, who 30 maintains or assists the principal or accessory before the 31 fact, or gives the offender any other aid, knowing that the 58 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 offender had committed a felony or been accessory thereto 2 before the fact, with intent that the offender avoids or 3 escapes detection, arrest, trial or punishment, is an 4 accessory after the fact. 5 (2)(a) If the felony offense committed is a capital 6 felony, the offense of accessory after the fact is a felony of 7 the first degree, punishable as provided in s. 775.082, s. 8 775.083, or s. 775.084. 9 (b) If the felony offense committed is a life felony 10 or a felony of the first degree, the offense of accessory 11 after the fact is a felony of the second degree, punishable as 12 provided in s. 775.082, s. 775.083, or s. 775.084. 13 (c) If the felony offense committed is a felony of the 14 second degree or a felony of the third degree ranked in level 15 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 s. 921.0012 or s. 16 921.0023 s. 921.0013, the offense of accessory after the fact 17 is a felony of the third degree, punishable as provided in s. 18 775.082, s. 775.083, or s. 775.084. 19 (d) If the felony offense committed is a felony of the 20 third degree ranked in level 1 or level 2 under s. 921.0022 s. 21 921.0012 or s. 921.0023 s. 921.0013, the offense of accessory 22 after the fact is a misdemeanor of the first degree, 23 punishable as provided in s. 775.082, s. 775.083, or s. 24 775.084. 25 (3) Except as otherwise provided in s. 921.0022 s. 26 921.0012, for purposes of sentencing under chapter 921 and 27 determining incentive gain-time eligibility under chapter 944, 28 the offense of accessory after the fact is ranked two levels 29 below the ranking under s. 921.0022 s. 921.0012 or s. 921.0023 30 s. 921.0013 of the felony offense committed. 31 59 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Section 17. Section 777.04, Florida Statutes, is 2 amended to read: 3 777.04 Attempts, solicitation, and conspiracy.-- 4 (1) A person who attempts to commit an offense 5 prohibited by law and in such attempt does any act toward the 6 commission of such offense, but fails in the perpetration or 7 is intercepted or prevented in the execution thereof, commits 8 the offense of criminal attempt, ranked for purposes of 9 sentencing as provided in subsection (4). Criminal attempt 10 includes the act of an adult who, with intent to commit an 11 offense prohibited by law, allures, seduces, coaxes, or 12 induces a child under the age of 12 to engage in an offense 13 prohibited by law. 14 (2) A person who solicits another to commit an offense 15 prohibited by law and in the course of such solicitation 16 commands, encourages, hires, or requests another person to 17 engage in specific conduct which would constitute such offense 18 or an attempt to commit such offense commits the offense of 19 criminal solicitation, ranked for purposes of sentencing as 20 provided in subsection (4). 21 (3) A person who agrees, conspires, combines, or 22 confederates with another person or persons to commit any 23 offense commits the offense of criminal conspiracy, ranked for 24 purposes of sentencing as provided in subsection (4). 25 (4)(a) Except as otherwise provided in ss. 828.125(2), 26 849.25(4), 893.135(5), and 921.0022 921.0012, the offense of 27 criminal attempt, criminal solicitation, or criminal 28 conspiracy is ranked for purposes of sentencing under chapter 29 921 and determining incentive gain-time eligibility under 30 chapter 944 one level below the ranking under s. 921.0022 s. 31 921.0012 or s. 921.0023 s. 921.0013 of the offense attempted, 60 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 solicited, or conspired to. If the criminal attempt, criminal 2 solicitation, or criminal conspiracy is of an offense ranked 3 in level 1 or level 2 under s. 921.0022 s. 921.0012 or s. 4 921.0023 s. 921.0013, such offense is a misdemeanor of the 5 first degree, punishable as provided in s. 775.082 or s. 6 775.083. 7 (b) If the offense attempted, solicited, or conspired 8 to is a capital felony, the offense of criminal attempt, 9 criminal solicitation, or criminal conspiracy is a felony of 10 the first degree, punishable as provided in s. 775.082, s. 11 775.083, or s. 775.084. 12 (c) Except as otherwise provided in s. 893.135(5), if 13 the offense attempted, solicited, or conspired to is a life 14 felony or a felony of the first degree, the offense of 15 criminal attempt, criminal solicitation, or criminal 16 conspiracy is a felony of the second degree, punishable as 17 provided in s. 775.082, s. 775.083, or s. 775.084. 18 (d) Except as otherwise provided in s. 828.125(2) or 19 s. 849.25(4), if the offense attempted, solicited, or 20 conspired to is a: 21 1. Felony of the second degree; 22 2. Burglary that is a felony of the third degree; or 23 3. Felony of the third degree ranked in level 3, 4, 5, 24 6, 7, 8, 9, or 10 under s. 921.0022 s. 921.0012 or s. 921.0023 25 s. 921.0013, 26 27 the offense of criminal attempt, criminal solicitation, or 28 criminal conspiracy is a felony of the third degree, 29 punishable as provided in s. 775.082, s. 775.083, or s. 30 775.084. 31 61 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (e) Except as otherwise provided in s. 849.25(4) or 2 paragraph (d), if the offense attempted, solicited, or 3 conspired to is a felony of the third degree, the offense of 4 criminal attempt, criminal solicitation, or criminal 5 conspiracy is a misdemeanor of the first degree, punishable as 6 provided in s. 775.082 or s. 775.083. 7 (f) If the offense attempted, solicited, or conspired 8 to is a misdemeanor of the first or second degree, the offense 9 of criminal attempt, criminal solicitation, or criminal 10 conspiracy is a misdemeanor of the second degree, punishable 11 as provided in s. 775.082 or s. 775.083. 12 (5) It is a defense to a charge of criminal attempt, 13 criminal solicitation, or criminal conspiracy that, under 14 circumstances manifesting a complete and voluntary 15 renunciation of his criminal purpose, the defendant: 16 (a) Abandoned his attempt to commit the offense or 17 otherwise prevented its commission; 18 (b) After soliciting another person to commit an 19 offense, persuaded such other person not to do so or otherwise 20 prevented commission of the offense; or 21 (c) After conspiring with one or more persons to 22 commit an offense, persuaded such persons not to do so or 23 otherwise prevented commission of the offense. 24 Section 18. Section 782.051, Florida Statutes, 1996 25 Supplement, is amended to read: 26 782.051 Felony causing bodily injury.-- 27 (1) Any person who perpetrates or attempts to 28 perpetrate any felony enumerated in s. 782.04(3) and who 29 commits, aids, or abets an act that causes bodily injury to 30 another commits a felony of the first degree, punishable by 31 imprisonment for a term of years not exceeding life, or as 62 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 provided in s. 775.082, s. 775.083, or s. 775.084, which is an 2 offense ranked in level 9 of the Criminal Punishment Code 3 sentencing guidelines. Victim injury points shall be scored 4 under this subsection. 5 (2) Any person who perpetrates or attempts to 6 perpetrate any felony other than a felony enumerated in s. 7 782.04(3) and who commits, aids, or abets an act that causes 8 bodily injury to another commits a felony of the first degree, 9 punishable as provided in s. 775.082, s. 775.083, or s. 10 775.084, which is an offense ranked in level 8 of the Criminal 11 Punishment Code sentencing guidelines. Victim injury points 12 shall be scored under this subsection. 13 (3) When a person is injured during the perpetration 14 of or the attempt to perpetrate any felony enumerated in s. 15 782.04(3) by a person other than the person engaged in the 16 perpetration of or the attempt to perpetrate such felony, the 17 person perpetrating or attempting to perpetrate such felony 18 commits a felony of the second degree, punishable as provided 19 in s. 775.082, s. 775.083, or s. 775.084, which is an offense 20 ranked in level 7 of the Criminal Punishment Code sentencing 21 guidelines. Victim injury points shall be scored under this 22 subsection. 23 Section 19. Subsection (1) of section 784.08, Florida 24 Statutes, is amended to read: 25 784.08 Assault or battery on persons 65 years of age 26 or older; reclassification of offenses; minimum sentence.-- 27 (1) A person who is convicted of an aggravated assault 28 or aggravated battery upon a person 65 years of age or older 29 shall be sentenced pursuant to the Criminal Punishment Code 30 sentencing guidelines and fined not more than $10,000 and 31 shall also be ordered by the sentencing judge to make 63 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 restitution to the victim of such offense and to perform up to 2 500 hours of community service work. Restitution and 3 community service work shall be in addition to any fine or 4 sentence which may be imposed and shall not be in lieu 5 thereof. 6 Section 20. Subsection (2) of section 794.023, Florida 7 Statutes, is amended to read: 8 794.023 Sexual battery by multiple perpetrators; 9 enhanced penalties.-- 10 (2) The penalty for a violation of s. 794.011 shall be 11 increased as provided in this subsection if it is charged and 12 proven by the prosecution that, during the same criminal 13 transaction or episode, more than one person committed an act 14 of sexual battery on the same victim. 15 (a) A felony of the second degree shall be punishable 16 as if it were a felony of the first degree. 17 (b) A felony of the first degree shall be punishable 18 as if it were a life felony. 19 20 This subsection does not apply to life felonies or capital 21 felonies. For purposes of sentencing under chapter 921 and 22 determining incentive gain-time eligibility under chapter 944, 23 a felony offense that which is reclassified under this 24 subsection is ranked one level above the ranking under s. 25 921.0022 s. 921.0012 or s. 921.0023 s. 921.0013 of the offense 26 committed. 27 Section 21. Section 874.04, Florida Statutes, 1996 28 Supplement, is amended to read: 29 874.04 Criminal street gang activity; enhanced 30 penalties.--Upon a finding by the court at sentencing that the 31 defendant is a member of a criminal street gang, the penalty 64 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 for any felony or misdemeanor, or any delinquent act or 2 violation of law which would be a felony or misdemeanor if 3 committed by an adult, may be enhanced if the offender was a 4 member of a criminal street gang at the time of the commission 5 of such offense. Each of the findings required as a basis for 6 such sentence shall be found by a preponderance of the 7 evidence. The enhancement will be as follows: 8 (1)(a) A misdemeanor of the second degree may be 9 punished as if it were a misdemeanor of the first degree. 10 (b) A misdemeanor of the first degree may be punished 11 as if it were a felony of the third degree. For purposes of 12 sentencing under chapter 921 and determining incentive 13 gain-time eligibility under chapter 944, such offense is 14 ranked in level 1 of the offense severity ranking chart. The 15 criminal street gang multiplier in s. 921.0024 s. 921.0014 16 does not apply to misdemeanors enhanced under this paragraph. 17 (2)(a) A felony of the third degree may be punished as 18 if it were a felony of the second degree. 19 (b) A felony of the second degree may be punished as 20 if it were a felony of the first degree. 21 (c) A felony of the first degree may be punished as if 22 it were a life felony. 23 24 For purposes of sentencing under chapter 921 and determining 25 incentive gain-time eligibility under chapter 944, such felony 26 offense is ranked as provided in s. 921.0022 s. 921.0012 or s. 27 921.0023 s. 921.0013, and without regard to the penalty 28 enhancement in this subsection. For purposes of this section, 29 penalty enhancement affects the applicable statutory maximum 30 penalty only. 31 65 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Section 22. Subsections (10) and (11) of section 2 893.13, Florida Statutes, 1996 Supplement, are amended to 3 read: 4 893.13 Prohibited acts; penalties.-- 5 (10) Notwithstanding any provision of the sentencing 6 guidelines or the Criminal Punishment Code to the contrary, on 7 or after October 1, 1993, any defendant who: 8 (a) Violates subparagraph (1)(a)1., subparagraph 9 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or 10 paragraph (5)(a); and 11 (b) Has not previously been convicted, regardless of 12 whether adjudication was withheld, of any felony, other than a 13 violation of subparagraph (1)(a)1., subparagraph (1)(c)2., 14 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph 15 (5)(a), 16 17 may be required by the court to successfully complete a term 18 of probation pursuant to the terms and conditions set forth in 19 s. 948.034(1), in lieu of serving a term of imprisonment. 20 (11) Notwithstanding any provision of the sentencing 21 guidelines or the Criminal Punishment Code to the contrary, on 22 or after January 1, 1994, any defendant who: 23 (a) Violates subparagraph (1)(a)2., subparagraph 24 (2)(a)2., paragraph (5)(b), or paragraph (6)(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)2., subparagraph (2)(a)2., 28 paragraph (5)(b), or paragraph (6)(a), 29 30 31 66 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second 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(2), in lieu of serving a term of imprisonment. 4 Section 23. Subsection (1) of section 893.135, Florida 5 Statutes, 1996 Supplement, is amended to read: 6 893.135 Trafficking; mandatory sentences; suspension 7 or reduction of sentences; conspiracy to engage in 8 trafficking.-- 9 (1) Except as authorized in this chapter or in chapter 10 499 and notwithstanding the provisions of s. 893.13: 11 (a) Any person who knowingly sells, purchases, 12 manufactures, delivers, or brings into this state, or who is 13 knowingly in actual or constructive possession of, in excess 14 of 50 pounds of cannabis commits a felony of the first degree, 15 which felony shall be known as "trafficking in cannabis." If 16 the quantity of cannabis involved: 17 1. Is in excess of 50 pounds, but less than 2,000 18 pounds, such person shall be sentenced pursuant to the 19 Criminal Punishment Code sentencing guidelines and pay a fine 20 of $25,000. 21 2. Is 2,000 pounds or more, but less than 10,000 22 pounds, such person shall be sentenced pursuant to the 23 Criminal Punishment Code sentencing guidelines and pay a fine 24 of $50,000. 25 3. Is 10,000 pounds or more, such person shall be 26 sentenced to a mandatory minimum term of imprisonment of 15 27 calendar years and pay a fine of $200,000. 28 (b)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 cocaine, as described in s. 893.03(2)(a)4., or of any 67 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 mixture containing cocaine, but less than 150 kilograms of 2 cocaine or any such mixture, commits a felony of the first 3 degree, which felony shall be known as "trafficking in 4 cocaine." If the quantity involved: 5 a. Is 28 grams or more, but less than 200 grams, such 6 person shall be sentenced pursuant to the Criminal Punishment 7 Code sentencing guidelines and pay a fine of $50,000. 8 b. Is 200 grams or more, but less than 400 grams, such 9 person shall be sentenced pursuant to the Criminal Punishment 10 Code sentencing guidelines and pay a fine of $100,000. 11 c. Is 400 grams or more, but less than 150 kilograms, 12 such person shall be sentenced to a mandatory minimum term of 13 imprisonment of 15 calendar years and pay a fine of $250,000. 14 2. Any person who knowingly sells, purchases, 15 manufactures, delivers, or brings into this state, or who is 16 knowingly in actual or constructive possession of, 150 17 kilograms or more, but less than 300 kilograms, of cocaine, as 18 described in s. 893.03(2)(a)4., commits the first degree 19 felony of trafficking in cocaine. A person who has been 20 convicted of the first degree felony of trafficking in cocaine 21 under this subparagraph shall be punished by life imprisonment 22 and is ineligible for any form of discretionary early release 23 except pardon or executive clemency or conditional medical 24 release under s. 947.149. However, if the court determines 25 that, in addition to committing any act specified in this 26 paragraph: 27 a. The person intentionally killed an individual or 28 counseled, commanded, induced, procured, or caused the 29 intentional killing of an individual and such killing was the 30 result; or 31 68 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 b. The person's conduct in committing that act led to 2 a natural, though not inevitable, lethal result, 3 4 such person commits the capital felony of trafficking in 5 cocaine, punishable as provided in ss. 775.082 and 921.142. 6 Any person sentenced for a capital felony under this paragraph 7 shall also be sentenced to pay the maximum fine provided under 8 subparagraph 1. 9 3. Any person who knowingly brings into this state 300 10 kilograms or more of cocaine, as described in s. 11 893.03(2)(a)4., and who knows that the probable result of such 12 importation would be the death of any person, commits capital 13 importation of cocaine, a capital felony punishable as 14 provided in ss. 775.082 and 921.142. Any person sentenced for 15 a capital felony under this paragraph shall also be sentenced 16 to pay the maximum fine provided under subparagraph 1. 17 (c)1. Any person who knowingly sells, purchases, 18 manufactures, delivers, or brings into this state, or who is 19 knowingly in actual or constructive possession of, 4 grams or 20 more of any morphine, opium, oxycodone, hydrocodone, 21 hydromorphone, or any salt, derivative, isomer, or salt of an 22 isomer thereof, including heroin, as described in s. 23 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture 24 containing any such substance, but less than 30 kilograms of 25 such substance or mixture, commits a felony of the first 26 degree, which felony shall be known as "trafficking in illegal 27 drugs." If the quantity involved: 28 a. Is 4 grams or more, but less than 14 grams, such 29 person shall be sentenced pursuant to the Criminal Punishment 30 Code sentencing guidelines and pay a fine of $50,000. 31 69 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 b. 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 $100,000. 4 c. Is 28 grams or more, but less than 30 kilograms, 5 such person shall be sentenced to a mandatory minimum term of 6 imprisonment of 25 calendar years and pay a fine of $500,000. 7 2. Any person who knowingly sells, purchases, 8 manufactures, delivers, or brings into this state, or who is 9 knowingly in actual or constructive possession of, 30 10 kilograms or more, but less than 60 kilograms, of any 11 morphine, opium, oxycodone, hydrocodone, hydromorphone, or any 12 salt, derivative, isomer, or salt of an isomer thereof, 13 including heroin, as described in s. 893.03(1)(b) or (2)(a), 14 or 30 kilograms or more, but less than 60 kilograms, of any 15 mixture containing any such substance, commits the first 16 degree felony of trafficking in illegal drugs. A person who 17 has been convicted of the first degree felony of trafficking 18 in illegal drugs under this subparagraph shall be punished by 19 life imprisonment and is ineligible for any form of 20 discretionary early release except pardon or executive 21 clemency or conditional medical release under s. 947.149. 22 However, if the court determines that, in addition to 23 committing any act specified in this paragraph: 24 a. The person intentionally killed an individual or 25 counseled, commanded, induced, procured, or caused the 26 intentional killing of an individual and such killing was the 27 result; or 28 b. The person's conduct in committing that act led to 29 a natural, though not inevitable, lethal result, 30 31 70 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 such person commits the capital felony of trafficking in 2 illegal drugs, punishable as provided in ss. 775.082 and 3 921.142. Any person sentenced for a capital felony under this 4 paragraph shall also be sentenced to pay the maximum fine 5 provided under subparagraph 1. 6 3. Any person who knowingly brings into this state 60 7 kilograms or more of any morphine, opium, oxycodone, 8 hydrocodone, hydromorphone, or any salt, derivative, isomer, 9 or salt of an isomer thereof, including heroin, as described 10 in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any 11 mixture containing any such substance, and who knows that the 12 probable result of such importation would be the death of any 13 person, commits capital importation of illegal drugs, a 14 capital felony punishable as provided in ss. 775.082 and 15 921.142. Any person sentenced for a capital felony under this 16 paragraph shall also be sentenced to pay the maximum fine 17 provided under subparagraph 1. 18 (d)1. 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, 28 grams or 21 more of phencyclidine or of any mixture containing 22 phencyclidine, as described in s. 893.03(2)(b), commits a 23 felony of the first degree, which felony shall be known as 24 "trafficking in phencyclidine." If the quantity involved: 25 a. Is 28 grams or more, but less than 200 grams, such 26 person shall be sentenced pursuant to the Criminal Punishment 27 Code sentencing guidelines and pay a fine of $50,000. 28 b. Is 200 grams or more, but less than 400 grams, such 29 person shall be sentenced pursuant to the Criminal Punishment 30 Code sentencing guidelines and pay a fine of $100,000. 31 71 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 c. Is 400 grams or more, but less than 800 grams, such 2 person shall be sentenced to a mandatory minimum term of 3 imprisonment of 15 calendar years and pay a fine of $250,000. 4 2. Any person who knowingly brings into this state 800 5 grams or more of phencyclidine or of any mixture containing 6 phencyclidine, as described in s. 893.03(2)(b), and who knows 7 that the probable result of such importation would be the 8 death of any person commits capital importation of 9 phencyclidine, a capital felony punishable as provided in ss. 10 775.082 and 921.142. Any person sentenced for a capital felony 11 under this paragraph shall also be sentenced to pay the 12 maximum fine provided under subparagraph 1. 13 (e)1. Any person who knowingly sells, purchases, 14 manufactures, delivers, or brings into this state, or who is 15 knowingly in actual or constructive possession of, 200 grams 16 or more of methaqualone or of any mixture containing 17 methaqualone, as described in s. 893.03(1)(d), commits a 18 felony of the first degree, which felony shall be known as 19 "trafficking in methaqualone." If the quantity involved: 20 a. Is 200 grams or more, but less than 5 kilograms, 21 such person shall be sentenced pursuant to the Criminal 22 Punishment Code sentencing guidelines and pay a fine of 23 $50,000. 24 b. Is 5 kilograms or more, but less than 25 kilograms, 25 such person shall be sentenced pursuant to the Criminal 26 Punishment Code sentencing guidelines and pay a fine of 27 $100,000. 28 c. Is 25 kilograms or more, but less than 50 29 kilograms, such person shall be sentenced to a mandatory 30 minimum term of imprisonment of 15 calendar years and pay a 31 fine of $250,000. 72 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 2. Any person who knowingly brings into this state 50 2 kilograms or more of methaqualone or of any mixture containing 3 methaqualone, as described in s. 893.03(1)(d), and who knows 4 that the probable result of such importation would be the 5 death of any person commits capital importation of 6 methaqualone, a capital felony punishable as provided in ss. 7 775.082 and 921.142. Any person sentenced for a capital felony 8 under this paragraph shall also be sentenced to pay the 9 maximum fine provided under subparagraph 1. 10 (f)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, 14 grams or 13 more of amphetamine, as described in s. 893.03(2)(c)2., or 14 methamphetamine, as described in s. 893.03(2)(c)4., or of any 15 mixture containing amphetamine or methamphetamine, or 16 phenylacetone, phenylacetic acid, or ephedrine in conjunction 17 with other chemicals and equipment utilized in the manufacture 18 of amphetamine or methamphetamine, commits a felony of the 19 first degree, which felony shall be known as "trafficking in 20 amphetamine." If the quantity involved: 21 a. Is 14 grams or more, but less than 28 grams, such 22 person shall be sentenced pursuant to the Criminal Punishment 23 Code sentencing guidelines and pay a fine of $50,000. 24 b. Is 28 grams or more, but less than 200 grams, such 25 person shall be sentenced pursuant to the Criminal Punishment 26 Code sentencing guidelines and pay a fine of $100,000. 27 c. Is 200 grams or more, but less than 400 grams, such 28 person shall be sentenced to a mandatory minimum term of 29 imprisonment of 15 calendar years and pay a fine of $250,000. 30 2. Any person who knowingly brings into this state 400 31 grams or more of amphetamine, as described in s. 73 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 893.03(2)(c)2., or methamphetamine, as described in s. 2 893.03(2)(c)4., or of any mixture containing amphetamine or 3 methamphetamine, or phenylacetone, phenylacetic acid, or 4 ephedrine in conjunction with other chemicals and equipment 5 utilized in the manufacture of amphetamine or methamphetamine, 6 and who knows that the probable result of such importation 7 would be the death of any person commits capital importation 8 of amphetamine, a capital felony punishable as provided in ss. 9 775.082 and 921.142. Any person sentenced for a capital felony 10 under this paragraph shall also be sentenced to pay the 11 maximum fine provided under subparagraph 1. 12 Section 24. Subsection (2) of section 893.20, Florida 13 Statutes, is amended to read: 14 893.20 Continuing criminal enterprise.-- 15 (2) A person who commits the offense of engaging in a 16 continuing criminal enterprise is guilty of a life felony, 17 punishable pursuant to the Criminal Punishment Code sentencing 18 guidelines and by a fine of $500,000. 19 Section 25. Paragraph (b) of subsection (1) of section 20 921.187, Florida Statutes, 1996 Supplement, is amended to 21 read: 22 921.187 Disposition and sentencing; alternatives; 23 restitution.-- 24 (1) The alternatives provided in this section for the 25 disposition of criminal cases shall be used in a manner that 26 will best serve the needs of society, punish criminal 27 offenders, and provide the opportunity for rehabilitation. 28 (b)1. Notwithstanding any provision of former s. 29 921.001 or s. 921.002 to the contrary, on or after October 1, 30 1993, the court may require any defendant who violates s. 31 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and 74 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 meets the criteria described in s. 893.13(10), to successfully 2 complete a term of probation pursuant to the terms and 3 conditions set forth in s. 948.034(1), in lieu of serving a 4 term of imprisonment. 5 2. Notwithstanding any provision of former s. 921.001 6 or s. 921.002 to the contrary, on or after October 1, 1993, 7 the court may require any defendant who violates s. 8 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), and meets the 9 criteria described in s. 893.13(11), to successfully complete 10 a term of probation pursuant to the terms and conditions set 11 forth in s. 948.034(2), in lieu of serving a term of 12 imprisonment. 13 Section 26. Section 921.188, Florida Statutes, is 14 amended to read: 15 921.188 Placement of certain state inmates in local 16 detention facilities.--Effective June 17, 1993, 17 notwithstanding the provisions of ss. 775.08, former 921.001, 18 921.002, 921.187, 944.02, and 951.23, or any other law to the 19 contrary, a person whose presumptive sentence is 1 year and 1 20 day up to 22 months in a state correctional institution may be 21 placed by the court into the custody of a local detention 22 facility as a condition of probation or community control for 23 a felony offense contained in sentencing guidelines categories 24 five through nine contained in Rules 3.701 and 3.988, Florida 25 Rules of Criminal Procedure, or similar levels described in s. 26 921.0022 s. 921.0012, except for such person whose total 27 sentence points are greater than 52 or less than 40. The court 28 may place such person for the duration of the presumptive 29 sentence. The court may only place a person in a local 30 detention facility pursuant to this section if there is a 31 contractual agreement between the chief correctional officer 75 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 of that county and the Department of Corrections. The contract 2 may include all operational functions, or only housing wherein 3 the department would provide staffing and medical costs. The 4 agreement must provide for a per diem or partial per diem 5 reimbursement for each person placed under this section, which 6 is payable by the Department of Corrections for the duration 7 of the offender's placement in the facility. The full per diem 8 reimbursement may not exceed the per diem published in the 9 Department of Corrections' most recent annual report for total 10 department facilities. This section does not limit the court's 11 ability to place a person in a local detention facility for 12 less than 1 year. 13 Section 27. Subsection (1) of section 924.06, Florida 14 Statutes, 1996 Supplement, is amended to read: 15 924.06 Appeal by defendant.-- 16 (1) A defendant may appeal from: 17 (a) A final judgment of conviction when probation has 18 not been granted under chapter 948, except as provided in 19 subsection (3); 20 (b) An order granting probation under chapter 948; 21 (c) An order revoking probation under chapter 948; or 22 (d) A sentence, on the ground that it is illegal.; or 23 (e) A sentence imposed outside the range permitted by 24 the guidelines authorized by chapter 921. 25 Section 28. Paragraph (i) of subsection (1) of section 26 924.07, Florida Statutes, 1996 Supplement, is amended to read: 27 924.07 Appeal by state.-- 28 (1) The state may appeal from: 29 (i) A sentence imposed below outside the range 30 permitted by the Criminal Punishment Code under guidelines 31 authorized by chapter 921. 76 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Section 29. Paragraph (e) of subsection (5) of section 2 944.17, Florida Statutes, is amended to read: 3 944.17 Commitments and classification; transfers.-- 4 (5) The department shall also refuse to accept a 5 person into the state correctional system unless the following 6 documents are presented in a completed form by the sheriff or 7 chief correctional officer, or a designated representative, to 8 the officer in charge of the reception process: 9 (e) A copy of the Criminal Punishment Code sentencing 10 guidelines scoresheet and any attachments thereto prepared 11 pursuant to Rule 3.701, Florida Rules of Criminal Procedure. 12 Section 30. Subsection (5) of section 947.141, Florida 13 Statutes, is amended to read: 14 947.141 Violations of conditional release, control 15 release, or conditional medical release.-- 16 (5) Effective for inmates whose offenses were 17 committed on or after July 1, 1995, notwithstanding the 18 provisions of ss. 775.08, former 921.001, 921.002, 921.187, 19 921.188, 944.02, and 951.23, or any other law to the contrary, 20 by such order as provided in subsection (4), the panel, upon a 21 finding of guilt, may, as a condition of continued 22 supervision, place the releasee in a local detention facility 23 for a period of incarceration not to exceed 22 months. Prior 24 to the expiration of the term of incarceration, or upon 25 recommendation of the chief correctional officer of that 26 county, the commission shall cause inquiry into the inmate's 27 release plan and custody status in the detention facility and 28 consider whether to restore the inmate to supervision, modify 29 the conditions of supervision, or enter an order of 30 revocation, thereby causing the return of the inmate to prison 31 to serve the sentence imposed. The provisions of this section 77 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 do not prohibit the panel from entering such other order or 2 conducting any investigation that it deems proper. The 3 commission may only place a person in a local detention 4 facility pursuant to this section if there is a contractual 5 agreement between the chief correctional officer of that 6 county and the Department of Corrections. The agreement must 7 provide for a per diem reimbursement for each person placed 8 under this section, which is payable by the Department of 9 Corrections for the duration of the offender's placement in 10 the facility. This section does not limit the commission's 11 ability to place a person in a local detention facility for 12 less than 1 year. 13 Section 31. Subsection (3) of section 947.146, Florida 14 Statutes, 1996 Supplement, is amended to read: 15 947.146 Control Release Authority.-- 16 (3) Within 120 days prior to the date the state 17 correctional system is projected pursuant to s. 216.136 to 18 exceed 99 percent of total capacity, the authority shall 19 determine eligibility for and establish a control release date 20 for an appropriate number of parole ineligible inmates 21 committed to the department and incarcerated within the state 22 who have been determined by the authority to be eligible for 23 discretionary early release pursuant to this section. In 24 establishing control release dates, it is the intent of the 25 Legislature that the authority prioritize consideration of 26 eligible inmates closest to their tentative release date. The 27 authority shall rely upon commitment data on the offender 28 information system maintained by the department to initially 29 identify inmates who are to be reviewed for control release 30 consideration. The authority may use a method of objective 31 risk assessment in determining if an eligible inmate should be 78 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 released. Such assessment shall be a part of the department's 2 management information system. However, the authority shall 3 have sole responsibility for determining control release 4 eligibility, establishing a control release date, and 5 effectuating the release of a sufficient number of inmates to 6 maintain the inmate population between 99 percent and 100 7 percent of total capacity. Inmates who are ineligible for 8 control release are inmates who are parole eligible or inmates 9 who: 10 (a) Are serving a sentence that includes a mandatory 11 minimum provision for a capital offense or drug trafficking 12 offense and have not served the number of days equal to the 13 mandatory minimum term less any jail-time credit awarded by 14 the court; 15 (b) Are serving the mandatory minimum portion of a 16 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3); 17 (c) Are convicted, or have been previously convicted, 18 of committing or attempting to commit sexual battery, incest, 19 or any of the following lewd or indecent assaults or acts: 20 masturbating in public; exposing the sexual organs in a 21 perverted manner; or nonconsensual handling or fondling of the 22 sexual organs of another person; 23 (d) Are convicted, or have been previously convicted, 24 of committing or attempting to commit assault, aggravated 25 assault, battery, or aggravated battery, and a sex act was 26 attempted or completed during commission of such offense; 27 (e) Are convicted, or have been previously convicted, 28 of committing or attempting to commit kidnapping, burglary, or 29 murder, and the offense was committed with the intent to 30 commit sexual battery or a sex act was attempted or completed 31 during commission of the offense; 79 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (f) Are convicted, or have been previously convicted, 2 of committing or attempting to commit false imprisonment upon 3 a child under the age of 13 and, in the course of committing 4 the offense, the inmate committed aggravated child abuse, 5 sexual battery against the child, or a lewd, lascivious, or 6 indecent assault or act upon or in the presence of the child; 7 (g) Are sentenced, have previously been sentenced, or 8 have been sentenced at any time under s. 775.084, or have been 9 sentenced at any time in another jurisdiction as a habitual 10 offender; 11 (h) Are convicted, or have been previously convicted, 12 of committing or attempting to commit assault, aggravated 13 assault, battery, aggravated battery, kidnapping, 14 manslaughter, or murder against an officer as defined in s. 15 943.10(1), (2), (3), (6), (7), (8), or (9); against a state 16 attorney or assistant state attorney; or against a justice or 17 judge of a court described in Art. V of the State 18 Constitution; or against an officer, judge, or state attorney 19 employed in a comparable position by any other jurisdiction; 20 or 21 (i) Are convicted, or have been previously convicted, 22 of committing or attempting to commit murder in the first, 23 second, or third degree under s. 782.04(1), (2), (3), or (4), 24 or have ever been convicted of any degree of murder or 25 attempted murder in another jurisdiction; 26 (j) Are convicted, or have been previously convicted, 27 of DUI manslaughter under s. 316.193(3)(c)3., and are 28 sentenced, or have been sentenced at any time, as a habitual 29 offender for such offense, or have been sentenced at any time 30 in another jurisdiction as a habitual offender for such 31 offense; 80 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (k)1. Are serving a sentence for an offense committed 2 on or after January 1, 1994, for a violation of the Law 3 Enforcement Protection Act under s. 775.0823(2), (3), (4), or 4 (5), and the subtotal of the offender's sentence points is 5 multiplied pursuant to former s. 921.0014 or s. 921.0024; 6 2. Are serving a sentence for an offense committed on 7 or after October 1, 1995, for a violation of the Law 8 Enforcement Protection Act under s. 775.0823(2), (3), (4), 9 (5), (6), (7), or (8), and the subtotal of the offender's 10 sentence points is multiplied pursuant to former s. 921.0014 11 or s. 921.0024; 12 (l) Are serving a sentence for an offense committed on 13 or after January 1, 1994, for possession of a firearm, 14 semiautomatic firearm, or machine gun in which additional 15 points are added to the subtotal of the offender's sentence 16 points pursuant to former s. 921.0014 or s. 921.0024; or 17 (m) Are convicted, or have been previously convicted, 18 of committing or attempting to commit manslaughter, 19 kidnapping, robbery, carjacking, home-invasion robbery, or a 20 burglary under s. 810.02(2). 21 22 In making control release eligibility determinations under 23 this subsection, the authority may rely on any document 24 leading to or generated during the course of the criminal 25 proceedings, including, but not limited to, any presentence or 26 postsentence investigation or any information contained in 27 arrest reports relating to circumstances of the offense. 28 Section 32. Subsection (1) of section 947.168, Florida 29 Statutes, is amended to read: 30 947.168 Consideration for persons serving 31 parole-eligible and parole-ineligible sentences.-- 81 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (1) A person serving a parole-eligible sentence who 2 subsequently receives a parole-ineligible sentence pursuant to 3 s. 921.001(10) shall be considered for parole on the 4 parole-eligible sentence. 5 Section 33. Section 948.015, Florida Statutes, is 6 amended to read: 7 948.015 Presentence investigation reports.--The 8 circuit court, when the defendant in a criminal case has been 9 found guilty or has entered a plea of nolo contendere or 10 guilty and has a recommended sentence under the Criminal 11 Punishment Code sentencing guidelines of any nonstate prison 12 sanction, may refer the case to the department for 13 investigation or recommendation. Upon such referral, the 14 department shall make the following report in writing at a 15 time specified by the court prior to sentencing. The full 16 report shall include: 17 (1) A complete description of the situation 18 surrounding the criminal activity with which the offender has 19 been charged, including a synopsis of the trial transcript, if 20 one has been made; nature of the plea agreement, including the 21 number of counts waived, the pleas agreed upon, the sentence 22 agreed upon, and any additional terms of agreement; and, at 23 the offender's discretion, his version and explanation of the 24 criminal activity. 25 (2) The offender's sentencing status, including 26 whether the offender is a first offender, a habitual or 27 violent offender, a youthful offender, or is currently on 28 probation. 29 (3) The offender's prior record of arrests and 30 convictions. 31 (4) The offender's educational background. 82 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (5) The offender's employment background, including 2 any military record, his present employment status, and his 3 occupational capabilities. 4 (6) The offender's financial status, including total 5 monthly income and estimated total debts. 6 (7) The social history of the offender, including his 7 family relationships, marital status, interests, and 8 activities. 9 (8) The residence history of the offender. 10 (9) The offender's medical history and, as 11 appropriate, a psychological or psychiatric evaluation. 12 (10) Information about the environments to which the 13 offender might return or to which he could be sent should a 14 sentence of nonincarceration or community supervision be 15 imposed by the court, and consideration of the offender's plan 16 concerning employment supervision and treatment. 17 (11) Information about any resources available to 18 assist the offender, such as: 19 (a) Treatment centers. 20 (b) Residential facilities. 21 (c) Vocational training programs. 22 (d) Special education programs. 23 (e) Services that may preclude or supplement 24 commitment to the department. 25 (12) The views of the person preparing the report as 26 to the offender's motivations and ambitions and an assessment 27 of the offender's explanations for his criminal activity. 28 (13) An explanation of the offender's criminal record, 29 if any, including his version and explanation of any previous 30 offenses. 31 83 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (14) A statement regarding the extent of any victim's 2 loss or injury. 3 (15) A recommendation as to disposition by the court. 4 The department shall make a written determination as to the 5 reasons for its recommendation, and shall include an 6 evaluation of the following factors: 7 (a) The appropriateness or inappropriateness of 8 community facilities, programs, or services for treatment or 9 supervision for the offender. 10 (b) The ability or inability of the department to 11 provide an adequate level of supervision for the offender in 12 the community and a statement of what constitutes an adequate 13 level of supervision. 14 (c) The existence of other treatment modalities which 15 the offender could use but which do not exist at present in 16 the community. 17 Section 34. Subsections (1) and (2) of section 18 948.034, Florida Statutes, are amended to read: 19 948.034 Terms and conditions of probation; community 20 residential drug punishment centers.-- 21 (1) On or after October 1, 1993, any person who 22 violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or 23 (5)(a) may, in the discretion of the trial court, be required 24 to successfully complete a term of probation in lieu of 25 serving a term of imprisonment as required or authorized by s. 26 775.084, former or s. 921.001, or s. 921.002, as follows: 27 (a) If the person has not previously been convicted of 28 violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or 29 (5)(a), adjudication may be withheld and the offender may be 30 placed on probation for not less than 18 months, as a 31 condition of which the court shall require the offender to 84 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 reside at a community residential drug punishment center for 2 90 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 $500 nor more than 12 $10,000 pursuant to s. 775.083(1)(c). 13 2. Enter, regularly attend, and successfully complete 14 a substance abuse education program of at least 40 hours or a 15 prescribed substance abuse treatment program provided by a 16 treatment resource licensed pursuant to chapter 396 or chapter 17 397 or by a hospital licensed pursuant to chapter 395, as 18 specified by the court. In addition, the court may refer the 19 offender to a licensed agency for substance abuse evaluation 20 and, if appropriate, substance abuse treatment subject to the 21 ability of the offender to pay for such evaluation and 22 treatment. If such referral is made, the offender must comply 23 and must pay for the reasonable cost of the evaluation and 24 treatment. 25 3. Perform at least 100 hours of public service. 26 4. Submit to routine and random drug testing which may 27 be conducted during the probationary period, with the 28 reasonable costs thereof borne by the offender. 29 5. Participate, at his own expense, in an appropriate 30 self-help group, such as Narcotics Anonymous, Alcoholics 31 Anonymous, or Cocaine Anonymous, if available. 85 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (b) If the person has been previously convicted of one 2 felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., 3 (2)(a)1., or (5)(a), adjudication may not be withheld and the 4 offender may be placed on probation for not less than 24 5 months, as a condition of which the court shall require the 6 offender to reside at a community residential drug punishment 7 center for 180 days. The offender must comply with all rules 8 and regulations of the center and must pay a fee for the costs 9 of room and board and residential supervision. Placement of an 10 offender into a community residential drug punishment center 11 is subject to budgetary considerations and availability of bed 12 space. If the court requires the offender to reside at a 13 community residential drug punishment center, the court shall 14 also require the offender to comply with one or more of the 15 other following terms and conditions: 16 1. Pay a fine of not less than $1,000 nor more than 17 $10,000 pursuant to s. 775.083(1)(c). 18 2. Enter, regularly attend, and successfully complete 19 a substance abuse education program of at least 40 hours or a 20 prescribed substance abuse treatment program provided by a 21 treatment resource licensed pursuant to chapter 396 or chapter 22 397 or by a hospital licensed pursuant to chapter 395, as 23 specified by the court. In addition, the court may refer the 24 offender to a licensed agency for substance abuse evaluation 25 and, if appropriate, substance abuse treatment subject to the 26 ability of the offender to pay for such evaluation and 27 treatment. If such referral is made, the offender must comply 28 and must pay for the reasonable cost of the evaluation and 29 treatment. 30 3. Perform at least 200 hours of public service. 31 86 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 4. Submit to routine and random drug testing which may 2 be conducted during the probationary period, with the 3 reasonable costs thereof borne by the offender. 4 5. Participate, at his own expense, in an appropriate 5 self-help group, such as Narcotics Anonymous, Alcoholics 6 Anonymous, or Cocaine Anonymous, if available. 7 (c) If the person has been previously convicted of two 8 felony violations of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., 9 (2)(a)1., or (5)(a), adjudication may not be withheld and the 10 offender may be placed on probation for not less than 36 11 months, as a condition of which the court shall require the 12 offender to reside at a community residential drug punishment 13 center for 360 days. The offender must comply with all rules 14 and regulations of the center and must pay a fee for the costs 15 of room and board and residential supervision. Placement of an 16 offender into a community residential drug punishment center 17 is subject to budgetary considerations and availability of bed 18 space. If the court requires the offender to reside at a 19 community residential drug punishment center, the court shall 20 also require the offender to comply with one or more of the 21 other following terms and conditions: 22 1. Pay a fine of not less than $1,500 nor more than 23 $10,000 pursuant to s. 775.083(1)(c). 24 2. Enter, regularly attend, and successfully complete 25 a substance abuse education program of at least 40 hours or a 26 prescribed substance abuse treatment program provided by a 27 treatment resource licensed pursuant to chapter 396 or chapter 28 397 or by a hospital licensed pursuant to chapter 395, as 29 specified by the court. In addition, the court may refer the 30 offender to a licensed agency for substance abuse evaluation 31 and, if appropriate, substance abuse treatment subject to the 87 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 ability of the offender to pay for such evaluation and 2 treatment. If such referral is made, the offender must comply 3 and must pay for the reasonable cost of the evaluation and 4 treatment. 5 3. Perform at least 300 hours of public service. 6 4. Submit to routine and random drug testing which may 7 be conducted during the probationary period, with the 8 reasonable costs thereof borne by the offender. 9 5. Participate, at his own expense, in an appropriate 10 self-help group, such as Narcotics Anonymous, Alcoholics 11 Anonymous, or Cocaine Anonymous, if available. 12 (d) An offender who violates probation imposed 13 pursuant to this section shall be sentenced in accordance with 14 s. 921.002 s. 921.001. 15 (2) On or after October 1, 1993, any person who 16 violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, 17 in the discretion of the trial court, be required to 18 successfully complete a term of probation in lieu of serving a 19 term of imprisonment as required or authorized by s. 775.084, 20 former or s. 921.001, or s. 921.002, as follows: 21 (a) If the person has not previously been convicted of 22 violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), 23 adjudication may be withheld and the offender shall be placed 24 on probation for not less than 12 months, as a condition of 25 which the court may require the offender to comply with one or 26 more of the following terms and conditions: 27 1. Pay a fine of not less than $250 nor more than 28 $5,000 pursuant to s. 775.083(1)(c). 29 2. Enter, regularly attend, and successfully complete 30 a substance abuse education program of at least 40 hours or a 31 prescribed substance abuse treatment program provided by a 88 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 treatment resource licensed pursuant to chapter 396 or chapter 2 397 or by a hospital licensed pursuant to chapter 395, as 3 specified by the court. In addition, the court may refer the 4 offender to a licensed agency for substance abuse evaluation 5 and, if appropriate, substance abuse treatment subject to the 6 ability of the offender to pay for such evaluation and 7 treatment. If such referral is made, the offender must comply 8 and must pay for the reasonable cost of the evaluation and 9 treatment. 10 3. Perform at least 50 hours of public service. 11 4. Submit to routine and random drug testing which may 12 be conducted during the probationary period, with the 13 reasonable costs thereof borne by the offender. 14 5. Participate, at his own expense, in an appropriate 15 self-help group, such as Narcotics Anonymous, Alcoholics 16 Anonymous, or Cocaine Anonymous, if available. 17 (b) If the person has been previously convicted of one 18 felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or 19 (6)(a), adjudication may not be withheld and the offender may 20 be placed on probation for not less than 18 months, as a 21 condition of which the court shall require the offender to 22 reside at a community residential drug punishment center for 23 90 days. The offender must comply with all rules and 24 regulations of the center and must pay a fee for the costs of 25 room and board and residential supervision. Placement of an 26 offender into a community residential drug punishment center 27 is subject to budgetary considerations and availability of bed 28 space. If the court requires the offender to reside at a 29 community residential drug punishment center, the court shall 30 also require the offender to comply with one or more of the 31 other following terms and conditions: 89 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 1. Pay a fine of not less than $500 nor more than 2 $5,000 pursuant to s. 775.083(1)(c). 3 2. Enter, regularly attend, and successfully complete 4 a substance abuse intervention program of a least 80 hours 5 provided by a treatment resource licensed pursuant to chapter 6 396 or chapter 397 or by a hospital licensed pursuant to 7 chapter 395, as specified by the court. In addition, the court 8 may refer the offender to a licensed agency for substance 9 abuse evaluation and, if appropriate, substance abuse 10 treatment subject to the ability of the offender to pay for 11 such evaluation and treatment. If such referral is made, the 12 offender must comply and must pay for the reasonable cost of 13 the evaluation and treatment. 14 3. Perform at least 100 hours of public service. 15 4. Submit to routine and random drug testing which may 16 be conducted during the probationary period, with the 17 reasonable costs thereof borne by the offender. 18 5. Participate, at his own expense, in an appropriate 19 self-help group, such as Narcotics Anonymous, Alcoholics 20 Anonymous, or Cocaine Anonymous, if available. 21 (c) If the person has been previously convicted of two 22 felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or 23 (6)(a), adjudication may not be withheld and the offender may 24 be placed on probation for not less than 24 months, as a 25 condition of which the court shall require the offender to 26 reside at a community residential drug punishment center for 27 120 days. The offender must comply with all rules and 28 regulations of the center and must pay a fee for the costs of 29 room and board and residential supervision. Placement of an 30 offender into a community residential drug punishment center 31 is subject to budgetary considerations and availability of bed 90 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 space. If the court requires the offender to reside at a 2 community residential drug punishment center, the court shall 3 also require the offender to comply with one or more of the 4 other following terms and conditions: 5 1. Pay a fine of not less than $1,000 nor more than 6 $5,000 pursuant to s. 775.083(1)(c). 7 2. Enter, regularly attend, and successfully complete 8 a prescribed substance abuse treatment program provided by a 9 treatment resource licensed pursuant to chapter 396 or chapter 10 397 or by a hospital licensed pursuant to chapter 395, as 11 specified by the court. In addition, the court may refer the 12 offender to a licensed agency for substance abuse evaluation 13 and, if appropriate, substance abuse treatment subject to the 14 ability of the offender to pay for such evaluation and 15 treatment. If such referral is made, the offender must comply 16 and must pay for the reasonable cost of the evaluation and 17 treatment. 18 3. Perform at least 150 hours of public service. 19 4. Submit to routine and random drug testing which may 20 be conducted during the probationary period, with the 21 reasonable costs thereof borne by the offender. 22 5. Participate, at his own expense, in an appropriate 23 self-help group, such as Narcotics Anonymous, Alcoholics 24 Anonymous, or Cocaine Anonymous, if available. 25 (d) If the person has been previously convicted of 26 three felony violations of s. 893.13(1)(a)2., (2)(a)2., 27 (5)(b), or (6)(a), adjudication may not be withheld and the 28 offender may be placed on probation for not less than 30 29 months, as a condition of which the court shall require the 30 offender to reside at a community residential drug punishment 31 center for 200 days. The offender must comply with all rules 91 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 and regulations of the center and must pay a fee for the costs 2 of room and board and residential supervision. Placement of an 3 offender into a community residential drug punishment center 4 is subject to budgetary considerations and availability of bed 5 space. If the court requires the offender to reside at a 6 community residential drug punishment center, the court shall 7 also require the offender to comply with one or more of the 8 other following terms and conditions: 9 1. Pay a fine of not less than $1,500 nor more than 10 $5,000 pursuant to s. 775.083(1)(c). 11 2. Enter, regularly attend, and successfully complete 12 a prescribed substance abuse treatment program provided by a 13 treatment resource licensed pursuant to chapter 396 or chapter 14 397 or by a hospital licensed pursuant to chapter 395, as 15 specified by the court. In addition, the court may refer the 16 offender to a licensed agency for substance abuse evaluation 17 and, if appropriate, substance abuse treatment subject to the 18 ability of the offender to pay for such evaluation and 19 treatment. If such referral is made, the offender must comply 20 and must pay for the reasonable cost of the evaluation and 21 treatment. 22 3. Perform at least 200 hours of public service. 23 4. Submit to routine and random drug testing which may 24 be conducted during the probationary period, with the 25 reasonable costs thereof borne by the offender. 26 5. Participate, at his own expense, in an appropriate 27 self-help group, such as Narcotics Anonymous, Alcoholics 28 Anonymous, or Cocaine Anonymous, if available. 29 (e) If the person has been previously convicted of 30 four felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b), 31 or (6)(a), adjudication may not be withheld and the offender 92 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 may be placed on probation for not less than 36 months, as a 2 condition of which the court shall require the offender to 3 reside at a community residential drug punishment center for 4 360 days. The offender must comply with all rules and 5 regulations of the center and must pay a fee for the costs of 6 room and board and residential supervision. Placement of an 7 offender into a community residential drug punishment center 8 is subject to budgetary considerations and availability of bed 9 space. If the court requires the offender to reside at a 10 community residential drug punishment center, the court shall 11 also require the offender to comply with one or more of the 12 other following terms and conditions: 13 1. Pay a fine of not less than $2,000 nor more than 14 $5,000 pursuant to s. 775.083(1)(c). 15 2. Enter, regularly attend, and successfully complete 16 a 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 250 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 93 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second 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 (f) An offender who violates probation imposed 5 pursuant to this section shall be sentenced in accordance with 6 s. 921.002 s. 921.001. 7 Section 35. Paragraph (c) of subsection (2) of section 8 948.51, Florida Statutes, is amended to read: 9 948.51 Community corrections assistance to counties or 10 county consortiums.-- 11 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.--A 12 county, or a consortium of two or more counties, may contract 13 with the Department of Corrections for community corrections 14 funds as provided in this section. In order to enter into a 15 community corrections partnership contract, a county or county 16 consortium must have a public safety coordinating council 17 established under s. 951.26 and must designate a county 18 officer or agency to be responsible for administering 19 community corrections funds received from the state. The 20 public safety coordinating council shall prepare, develop, and 21 implement a comprehensive public safety plan for the county, 22 or the geographic area represented by the county consortium, 23 and shall submit an annual report to the Department of 24 Corrections concerning the status of the program. In preparing 25 the comprehensive public safety plan, the public safety 26 coordinating council shall cooperate with the district 27 juvenile justice board and the county juvenile justice 28 council, established under s. 39.025, in order to include 29 programs and services for juveniles in the plan. To be 30 eligible for community corrections funds under the contract, 31 the initial public safety plan must be approved by the 94 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 governing board of the county, or the governing board of each 2 county within the consortium, and the Secretary of Corrections 3 based on the requirements of this section. If one or more 4 other counties develop a unified public safety plan, the 5 public safety coordinating council shall submit a single 6 application to the department for funding. Continued contract 7 funding shall be pursuant to subsection (6). The plan for a 8 county or county consortium must cover at least a 5-year 9 period and must include: 10 (c) Specific goals and objectives for reducing the 11 projected percentage of commitments to the state prison system 12 of persons with sentencing scores of 40 to 52 points, 13 inclusive, pursuant to the Criminal Punishment Code sentencing 14 guidelines. 15 Section 36. Subsection (3) of section 958.04, Florida 16 Statutes, 1996 Supplement, is amended to read: 17 958.04 Judicial disposition of youthful offenders.-- 18 (3) The provisions of this section shall not be used 19 to impose a greater sentence than the maximum recommended 20 range as established by the Criminal Punishment Code statewide 21 sentencing guidelines pursuant to chapter 921 unless reasons 22 are explained in writing by the trial court judge which 23 reasonably justify departure. A sentence imposed outside of 24 the code is such guidelines shall be subject to appeal 25 pursuant to s. 924.06 or s. 924.07. 26 Section 37. Effective October 1, 1997, subsection (3) 27 of section 921.0014, Florida Statutes, as amended by section 28 22 of chapter 96-388, Laws of Florida, is amended to read: 29 921.0014 Sentencing guidelines; worksheet 30 computations; scoresheets.-- 31 95 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 (3) A single guidelines scoresheet shall be prepared 2 for each defendant, except that if the defendant is before the 3 court for sentencing for more than one felony and the felonies 4 were committed under more than one version or revision of the 5 guidelines, separate scoresheets must be prepared pursuant to 6 s. 921.001(4)(b). The scoresheet or scoresheets must cover 7 all the defendant's offenses pending before the court for 8 sentencing. Either the office of the state attorney or the 9 Department of Corrections, or both where appropriate, shall 10 prepare the scoresheet or scoresheets, which must be presented 11 to the state attorney and the defense counsel for review for 12 accuracy in all cases unless the judge directs otherwise. The 13 defendant's scoresheet or scoresheets must be approved and 14 signed by the sentencing judge. 15 Section 38. Subsection (1) of section 397.705, Florida 16 Statutes, is amended to read: 17 397.705 Referral of substance abuse impaired offenders 18 to service providers.-- 19 (1) AUTHORITY TO REFER.--If any offender, including 20 but not limited to any minor, is charged with or convicted of 21 a crime, the court or criminal justice authority with 22 jurisdiction over that offender may require the offender to 23 receive services from a service provider licensed under this 24 chapter. If referred by the court, the referral shall may be 25 instead of or in addition to final adjudication, imposition of 26 penalty or sentence, or other action. The court may consult 27 with or seek the assistance of a service provider concerning 28 such a referral. Assignment to a service provider is 29 contingent upon availability of space, budgetary 30 considerations, and manageability of the offender. 31 96 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Section 39. Section 893.15, Florida Statutes, is 2 amended to read: 3 893.15 Rehabilitation.--Any person who violates s. 4 893.13(6)(a) or (b) relating to possession may, in the 5 discretion of the trial judge, be required to participate in a 6 substance abuse services program approved or regulated by the 7 Department of Health and Rehabilitative Services pursuant to 8 the provisions of chapter 397, provided the director of such 9 program approves the placement of the defendant in such 10 program. Such required participation shall may be imposed in 11 addition to, or in lieu of, any penalty or probation otherwise 12 prescribed by law. However, the total time of such penalty, 13 probation, and program participation shall not exceed the 14 maximum length of sentence possible for the offense. 15 Section 40. Subsection (5) of section 921.001, Florida 16 Statutes, is amended to read: 17 921.001 Sentencing Commission and sentencing 18 guidelines generally.-- 19 (5) Sentences imposed by trial court judges under the 20 1994 revised sentencing guidelines on or after January 1, 21 1994, must be within the 1994 guidelines unless there is a 22 departure sentence with written findings. However, a person 23 sentenced for a felony committed on or after July 1, 1997, who 24 has at least one prior felony conviction and whose recommended 25 sentence is any nonstate prison sanction may be sentenced to 26 community control or a term of incarceration not to exceed 22 27 months. A person sentenced for a felony committed on or after 28 July 1, 1997, who has at least one prior felony conviction and 29 whose minimum recommended sentence is less than 22 months in 30 state prison may be sentenced to a term of incarceration not 31 to exceed 22 months. As used in this subsection, the term 97 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 "conviction" means a determination of guilt which is the 2 result of a plea or a trial, regardless of whether 3 adjudication is withheld. Such sentence is not subject to 4 appeal. If a recommended sentence under the guidelines exceeds 5 the maximum sentence otherwise authorized by s. 775.082, the 6 sentence under the guidelines must be imposed, absent a 7 departure. If a departure sentence, with written findings, is 8 imposed, such sentence must be within any relevant maximum 9 sentence limitations provided in s. 775.082. The failure of a 10 trial court to impose a sentence within the sentencing 11 guidelines is subject to appellate review pursuant to chapter 12 924, except as otherwise provided in this subsection. However, 13 the extent of a departure from a guidelines sentence is not 14 subject to appellate review. 15 Section 41. Paragraph (d) of subsection (4) of section 16 921.0016, Florida Statutes, 1996 Supplement, is amended, and 17 subsection (5) is added to that section, to read: 18 921.0016 Recommended sentences; departure sentences; 19 aggravating and mitigating circumstances.-- 20 (4) Mitigating circumstances under which a departure 21 from the sentencing guidelines is reasonably justified 22 include, but are not limited to: 23 (d) The defendant requires specialized treatment for a 24 addiction, mental disorder that is unrelated to substance 25 abuse or addiction, or for a physical disability, and the 26 defendant is amenable to treatment. 27 (5) A defendant's substance abuse or addiction, 28 including intoxication at the time of the offense, is not a 29 mitigating factor under subsection (4) and does not, under any 30 circumstances, justify a downward departure from the sentence 31 recommended under the sentencing guidelines. 98 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 241, Second Engrossed 1 Section 42. The Florida Criminal Punishment Code 2 applies to all felonies, except capital felonies, committed on 3 or after October 1, 1998. Any revision to the Criminal 4 Punishment Code applies to sentencing for all felonies, except 5 capital felonies, committed on or after the effective date of 6 the revision. Felonies, except capital felonies, with 7 continuing dates of enterprise shall be sentenced under the 8 Criminal Punishment Code in effect on the beginning date of 9 the criminal activity. 10 Section 43. The Division of Statutory Revision of the 11 Joint Legislative Management Committee shall leave the 12 repealed statutory provisions referenced herein in the Florida 13 Statutes for 10 years from October 1, 1998. 14 Section 44. Unless otherwise expressly provided in 15 this act, sections 1 through 12, sections 14 through 36, and 16 sections 42 and 43 shall take effect October 1, 1998; this 17 section and section 13 shall take effect upon becoming a law; 18 and the remaining sections of this act shall take effect July 19 1, 1997. 20 21 22 23 24 25 26 27 28 29 30 31 99