House Bill 0113c1
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Florida House of Representatives - 1999 CS/HB 113
By the Committee on Crime & Punishment and Representatives
Crist, Ball, Feeney, Andrews, Futch, Crady, Trovillion,
Merchant, Maygarden, Kyle, Thrasher, Goodlette, Ogles, Jones,
Cantens, Villalobos, Logan, Flanagan, Brown and Fasano
1 A bill to be entitled
2 An act relating to punishment of felons;
3 amending s. 775.087, F.S., relating to felony
4 reclassification and minimum sentence and other
5 penalties for offenders who committed
6 aggravated battery or committed certain acts
7 involving a weapon, firearm, or destructive
8 device during the commission of a felony;
9 conforming terminology to changes made by the
10 act; increasing from 3 to 10 years the minimum
11 prison term for certain felonies or attempted
12 felonies under specified circumstances when the
13 offender possessed a firearm or destructive
14 device during the commission of the offense or
15 flight therefrom; providing exceptions;
16 revising the category of such offenses to
17 include murder, sexual battery, robbery,
18 burglary, arson, aggravated assault or
19 aggravated battery, kidnapping, escape,
20 aircraft piracy, aggravated child abuse,
21 aggravated abuse of an elderly person or
22 disabled adult, unlawful throwing, placing, or
23 discharging of a destructive device or bomb,
24 carjacking, home-invasion robbery, aggravated
25 stalking, and trafficking in cannabis,
26 trafficking in cocaine, capital importation of
27 cocaine, trafficking in illegal drugs, capital
28 importation of illegal drugs, trafficking in
29 phencyclidine, capital importation of
30 phencyclidine, trafficking in methaqualone,
31 capital importation of methaqualone,
1
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1 trafficking in amphetamine, capital importation
2 of amphetamine, trafficking in flunitrazepam,
3 or other specified violation of s. 893.135(1),
4 F.S.; providing for imposition of a 20-year
5 minimum term of imprisonment when, in addition
6 to such circumstances, the firearm or
7 destructive device was discharged while the
8 person was carrying, displaying, using, or
9 threatening or attempting to use the firearm or
10 destructive device; providing for imposition of
11 a minimum term of imprisonment of not less than
12 25 years and not more than a term of
13 imprisonment of life in prison when, in further
14 addition to such circumstances, the discharging
15 of the firearm or destructive device resulted
16 in infliction of death or great bodily harm
17 upon any person; providing for construction;
18 providing legislative intent with respect to
19 punishment of offenders who possess, carry,
20 display, use, or threaten or attempt to use
21 firearms or destructive devices; providing
22 imposition of the minimum term of imprisonment
23 consecutive to any other term of imprisonment
24 imposed; providing that the minimum term of
25 imprisonment imposed is authorized by law
26 regardless of the maximum sentence that may be
27 imposed for the underlying felony; increasing
28 from 8 to 15 years the minimum prison term for
29 certain felonies or attempted felonies under
30 specified circumstances when, during the
31 commission of the offense, the offender
2
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1 possessed a semiautomatic firearm and its
2 high-capacity detachable box magazine or a
3 machine gun; providing for the category of such
4 offenses to include murder, sexual battery,
5 robbery, burglary, arson, aggravated assault,
6 aggravated battery, kidnapping, escape,
7 aircraft piracy, aggravated child abuse,
8 aggravated abuse of an elderly person or
9 disabled adult, unlawful throwing, placing, or
10 discharging of a destructive device or bomb,
11 carjacking, home-invasion robbery, aggravated
12 stalking, and trafficking in cannabis,
13 trafficking in cocaine, capital importation of
14 cocaine, trafficking in illegal drugs, capital
15 importation of illegal drugs, trafficking in
16 phencyclidine, capital importation of
17 phencyclidine, trafficking in methaqualone,
18 capital importation of methaqualone,
19 trafficking in amphetamine, capital importation
20 of amphetamine, trafficking in flunitrazepam,
21 or other specified violation of s. 893.135(1);
22 providing for imposition of a 20-year minimum
23 term of imprisonment when, in addition to such
24 circumstances, the semiautomatic firearm and
25 its high-capacity detachable box magazine or a
26 machine gun was discharged while the person was
27 carrying, displaying, using, or threatening or
28 attempting to use the semiautomatic firearm and
29 its high-capacity detachable box magazine or a
30 machine gun; providing for imposition of a
31 minimum term of imprisonment of not less than
3
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1 25 years and not more than a term of
2 imprisonment of life in prison when, in further
3 addition to such circumstances, the discharging
4 of the semiautomatic firearm and its
5 high-capacity detachable box magazine or a
6 machine gun resulted in infliction of death or
7 great bodily harm upon any person; providing
8 for construction; providing legislative intent
9 with respect to punishment of offenders who
10 possess, carry, display, use, or threaten or
11 attempt to use a semiautomatic firearm and its
12 high-capacity detachable box magazine or a
13 machine gun; providing for imposition of the
14 minimum term of imprisonment consecutive to any
15 other term of imprisonment imposed; providing
16 that the minimum term of imprisonment imposed
17 is authorized by law regardless of the maximum
18 sentence that may be imposed for the underlying
19 felony; providing for legislative policy and
20 intent; providing for a report; reenacting s.
21 921.0022(2), F.S., relating to the Criminal
22 Punishment Code offense severity ranking chart,
23 s. 921.0024(1)(b), F.S., relating to Florida
24 Criminal Punishment Code worksheet computations
25 and key, and s. 947.146(3)(b), F.S., relating
26 to Control Release Authority, to incorporate
27 said amendment in references; providing for
28 public service announcements with respect to
29 the penalties provided in the act; providing an
30 effective date.
31
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1 WHEREAS, Florida ranks among the most violent states in
2 the nation, and
3 WHEREAS, in 1975 the Florida Legislature enacted
4 legislation requiring a minimum mandatory sentence of three
5 years in prison for possessing a gun during the commission or
6 attempted commission of a violent felony, and
7 WHEREAS, the Legislature enacted this mandatory penalty
8 in order to protect citizens from criminals who are known to
9 use guns during the commission of violent crimes, and
10 WHEREAS, the FBI reports that among persons identified
11 in the felonious killings of law enforcement officers in 1997,
12 71% had prior criminal convictions, and one of every four were
13 on probation or parole for other crimes when they killed the
14 officers, and
15 WHEREAS, criminals who use guns during the commission
16 of violent crimes pose an increased danger to the lives,
17 health, and safety of Florida's citizens and to Florida's law
18 enforcement officers who daily put their lives on the line to
19 protect citizens from violent criminals, and
20 WHEREAS, the Legislature intends to hold criminals more
21 accountable for their crimes, and intends for criminals who
22 use guns to commit violent crimes to receive greater criminal
23 penalties than they do today, and
24 WHEREAS, the Legislature intends that when law
25 enforcement officers put themselves in harm's way to apprehend
26 and arrest these gun-wielding criminals who terrorize the
27 streets and neighborhoods of Florida, that these criminals be
28 sentenced to longer mandatory prison terms than provided in
29 current law, so that these offenders cannot again endanger law
30 enforcement officers and the public, and
31
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1 WHEREAS, there is a critical need for effective
2 criminal justice measures that will ensure that violent
3 criminals are sentenced to prison terms that will effectively
4 incapacitate the offender, prevent future crimes, and reduce
5 violent crime rates, and
6 WHEREAS, it is the intent of the Legislature that
7 criminals who use guns to commit violent crimes be vigorously
8 prosecuted and that the state demand that minimum mandatory
9 terms of imprisonment be imposed pursuant to this act, NOW,
10 THEREFORE,
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 775.087, Florida Statutes, is
15 amended to read:
16 775.087 Possession or use of weapon; aggravated
17 battery; felony reclassification; minimum sentence.--
18 (1) Unless otherwise provided by law, whenever a
19 person is charged with a felony, except a felony in which the
20 use of a weapon or firearm is an essential element, and during
21 the commission of such felony the defendant carries, displays,
22 uses, threatens to use, or attempts to use any weapon or
23 firearm, or during the commission of such felony the defendant
24 commits an aggravated battery, the felony for which the person
25 is charged shall be reclassified as follows:
26 (a) In the case of a felony of the first degree, to a
27 life felony.
28 (b) In the case of a felony of the second degree, to a
29 felony of the first degree.
30 (c) In the case of a felony of the third degree, to a
31 felony of the second degree.
6
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1
2 For purposes of sentencing under chapter 921 and determining
3 incentive gain-time eligibility under chapter 944, a felony
4 offense which is reclassified under this section is ranked one
5 level above the ranking under s. 921.0022 or s. 921.0023 of
6 the felony offense committed.
7 (2)(a)1. Any person who is convicted of a felony or an
8 attempt to commit a felony and the conviction was for:
9 a.(a) Murder;
10 b.(b) Sexual battery;
11 c.(c) Robbery;
12 d.(d) Burglary;
13 e.(e) Arson;
14 f.(f) Aggravated assault;
15 g.(g) Aggravated battery;
16 h.(h) Kidnapping;
17 i.(i) Escape;
18 j.(j) Aircraft piracy;
19 k.(k) Aggravated child abuse;
20 l.(l) Aggravated abuse of an elderly person or
21 disabled adult;
22 m.(m) Unlawful throwing, placing, or discharging of a
23 destructive device or bomb;
24 n.(n) Carjacking;
25 o.(o) Home-invasion robbery; or
26 p.(p) Aggravated stalking; or
27 q. Trafficking in cannabis, trafficking in cocaine,
28 capital importation of cocaine, trafficking in illegal drugs,
29 capital importation of illegal drugs, trafficking in
30 phencyclidine, capital importation of phencyclidine,
31 trafficking in methaqualone, capital importation of
7
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1 methaqualone, trafficking in amphetamine, capital importation
2 of amphetamine, trafficking in flunitrazepam, or other
3 violation of s. 893.135(1)
4
5 and during the commission of the offense, such person
6 possessed a "firearm" or "destructive device" as those terms
7 are defined in s. 790.001, shall be sentenced to a minimum
8 term of imprisonment of 10 3 years, except that a person who
9 is convicted for aggravated assault or burglary of a
10 conveyance shall be sentenced to a minimum term of
11 imprisonment of 3 years if such person possessed a "firearm"
12 or "destructive device" during the commission of the offense.
13 2. Whenever a person is convicted of any of the
14 felonies listed in sub-subparagraphs (a)1.a.-q., regardless of
15 whether the use of a weapon is an element of the felony, and
16 during the course of the commission of the felony or the
17 flight therefrom, a "firearm" or "destructive device" as
18 defined in s. 790.001 was discharged while the person was
19 carrying, displaying, using, threatening to use, or attempting
20 to use it, the person shall be sentenced to a minimum term of
21 imprisonment of 20 years.
22 3. Whenever a person is convicted of any of the
23 felonies listed in sub-subparagraphs (a)1.a.-q., regardless of
24 whether the use of a weapon is an element of the felony, and
25 during the course of the commission of the felony or the
26 flight therefrom, a "firearm" or "destructive device" as
27 defined in s. 790.001 was discharged while the person was
28 carrying, displaying, using, threatening to use, or attempting
29 to use it and, as the result of the discharge, death or great
30 bodily harm was inflicted upon any person, the convicted
31 person shall be sentenced to a minimum term of imprisonment of
8
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1 not less than 25 years and not more than a term of
2 imprisonment of life in prison. Nothing herein shall prevent a
3 court from imposing a greater sentence of incarceration as
4 authorized by law, or from imposing a sentence of death
5 pursuant to other applicable law. Nothing herein shall
6 authorize a court to impose a lesser sentence than otherwise
7 required by law.
8
9 Notwithstanding s. 948.01, adjudication of guilt or imposition
10 of sentence shall not be suspended, deferred, or withheld, and
11 the defendant is not eligible for statutory gain-time under s.
12 944.275 or any form of discretionary early release, other than
13 pardon or executive clemency, or conditional medical release
14 under s. 947.149, prior to serving the minimum sentence.
15 (b) The minimum terms of imprisonment imposed pursuant
16 to this subsection are authorized by law regardless of the
17 maximum sentence that may be imposed for the underlying felony
18 committed by the person during which the firearm or
19 destructive device was possessed, carried, displayed, used,
20 threatened to be used, or attempted to be used.
21 (c) It is the intent of the Legislature that offenders
22 who possess, carry, display, use, threaten to use, or attempt
23 to use firearms or destructive devices be punished to the
24 fullest extent of the law, and the minimum terms of
25 imprisonment imposed pursuant to this subsection shall be
26 imposed for each qualifying felony count for which the person
27 is convicted. The court shall impose any term of imprisonment
28 provided for in this subsection consecutively to any other
29 term of imprisonment imposed for any other felony offense.
30 (3)(a)1. Any person who is convicted of a felony or an
31 attempt to commit a felony and the conviction was for:
9
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1 a.1. Murder;
2 b.2. Sexual battery;
3 c.3. Robbery;
4 d.4. Burglary;
5 e.5. Arson;
6 f.6. Aggravated assault;
7 g.7. Aggravated battery;
8 h.8. Kidnapping;
9 i.9. Escape;
10 j.10. Sale, manufacture, delivery, or intent to sell,
11 manufacture, or deliver any controlled substance;
12 k.11. Aircraft piracy;
13 l.12. Aggravated child abuse;
14 m.13. Aggravated abuse of an elderly person or
15 disabled adult;
16 n.14. Unlawful throwing, placing, or discharging of a
17 destructive device or bomb;
18 o.15. Carjacking;
19 p.16. Home-invasion robbery; or
20 q.17. Aggravated stalking; or
21 r. Trafficking in cannabis, trafficking in cocaine,
22 capital importation of cocaine, trafficking in illegal drugs,
23 capital importation of illegal drugs, trafficking in
24 phencyclidine, capital importation of phencyclidine,
25 trafficking in methaqualone, capital importation of
26 methaqualone, trafficking in amphetamine, capital importation
27 of amphetamine, trafficking in flunitrazepam, or other
28 violation of s. 893.135(1);
29
30 and during the commission of the offense, such person
31 possessed a semiautomatic firearm and its high-capacity
10
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1 detachable box magazine or a machine gun as defined in s.
2 790.001, shall be sentenced to a minimum term of imprisonment
3 of 15 8 years.
4 2. Whenever a person is convicted of any of the
5 felonies listed in sub-subparagraphs (a)1.a.-r., regardless of
6 whether the use of a weapon is an element of the felony, and
7 during the course of the commission of the felony or the
8 flight therefrom, a semiautomatic firearm and its
9 high-capacity box magazine or a "machine gun" as defined in s.
10 790.001 was discharged while the person was carrying,
11 displaying, using, threatening to use, or attempting to use
12 it, the person shall be sentenced to a minimum term of
13 imprisonment of 20 years.
14 3. Whenever a person is convicted of any of the
15 felonies listed in sub-subparagraphs (a)1.a.-r., regardless of
16 whether the use of a weapon is an element of the felony, and
17 during the course of the commission of the felony or the
18 flight therefrom, a semiautomatic firearm and its
19 high-capacity box magazine or a "machine gun" as defined in s.
20 790.001 was discharged while the person was carrying,
21 displaying, using, threatening to use, or attempting to use it
22 and, as the result of the discharge, death or great bodily
23 harm was inflicted upon any person, the convicted person shall
24 be sentenced to a minimum term of imprisonment of not less
25 than 25 years and not more than a term of imprisonment of life
26 in prison. Nothing herein shall prevent a court from imposing
27 a greater sentence of incarceration as authorized by law, or
28 from imposing a sentence of death pursuant to other applicable
29 law. Nothing herein shall authorize a court to impose a lesser
30 sentence than otherwise required by law.
31
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1 Notwithstanding s. 948.01, adjudication of guilt or imposition
2 of sentence shall not be suspended, deferred, or withheld, and
3 the defendant is not eligible for statutory gain-time under s.
4 944.275 or any form of discretionary early release, other than
5 pardon or executive clemency, or conditional medical release
6 under s. 947.149, prior to serving the minimum sentence.
7 (b) The minimum terms of imprisonment imposed pursuant
8 to this subsection are authorized by law regardless of the
9 maximum sentence that may be imposed for the underlying felony
10 committed by the person during which the semiautomatic firearm
11 and its high-capacity box magazine or machine gun was
12 possessed, carried, displayed, used, threatened to be used, or
13 attempted to be used.
14 (c) It is the intent of the Legislature that offenders
15 who possess, carry, display, use, threaten to use, or attempt
16 to use semiautomatic firearms and its high-capacity box
17 magazines or machine guns be punished to the fullest extent of
18 the law, and the minimum terms of imprisonment imposed
19 pursuant to this subsection shall be imposed for each
20 qualifying felony count for which the person is convicted. The
21 court shall impose any term of imprisonment provided for in
22 this subsection consecutively to any other term of
23 imprisonment imposed for any other felony offense.
24 (d)(b) As used in this subsection, the term:
25 1. "High-capacity detachable box magazine" means any
26 detachable box magazine, for use in a semiautomatic firearm,
27 which is capable of being loaded with more than 20 centerfire
28 cartridges.
29 2. "Semiautomatic firearm" means a firearm which is
30 capable of firing a series of rounds by separate successive
31
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1 depressions of the trigger and which uses the energy of
2 discharge to perform a portion of the operating cycle.
3 Section 2. Legislative intent and policy; report.--
4 (1) It is the intent of the Legislature that convicted
5 criminal offenders who meet the criteria in s. 775.087(2) and
6 (3), Florida Statutes, be sentenced to the minimum mandatory
7 prison terms provided herein, unless the state attorney's
8 office submits a written memorandum to the court requesting
9 that the minimum mandatory term not be imposed, stating the
10 basis for that request. This memorandum shall be entered in
11 the court file before the court imposes a sentence in any case
12 in which the charging law enforcement agency based a criminal
13 charge on facts demonstrating that the defendant met the
14 criteria in s. 775.087(2) and (3), Florida Statutes, and could
15 have been sentenced to the minimum mandatory prison terms
16 provided therein. The memorandum must also be placed in the
17 case file of the office of the state attorney.
18 (2) Effective July 1, 2000, each state attorney shall
19 annually report to the Speaker of the House, the President of
20 the Senate, and the Executive Office of the Governor regarding
21 the prosecution and sentencing of offenders who met the
22 criteria in s. 775.087(2) and (3), Florida Statutes. The
23 report shall include the number of charges received in each
24 circuit during the previous fiscal year by law enforcement
25 agencies which based a criminal charge on facts demonstrating
26 that the defendant met the criteria in s. 775.087(2) and (3),
27 Florida Statutes, the case number of the state attorney's
28 office involving such criminal charges, the final disposition,
29 if any, of such cases, whether the minimum mandatory prison
30 terms authorized herein were imposed in such cases, and a copy
31 of each memorandum submitted to the courts that state a
13
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1 written basis in those cases in which the minimum mandatory
2 prison terms were not requested. Cases in which a final
3 disposition has not yet been reached shall be reported in a
4 subsequent annual report. Copies of each report shall be
5 maintained by the Florida Prosecuting Attorneys Association
6 and each elected state attorney. By July 1, 2001, each elected
7 state attorney or the Florida Prosecuting Attorneys
8 Association shall make each annual report available to the
9 public on the Internet.
10 Section 3. For the purpose of incorporating the
11 amendment to section 775.087, Florida Statutes, in references
12 thereto, the following sections or subdivisions of Florida
13 Statutes, or Florida Statutes, 1998 Supplement, are reenacted
14 to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (2) The offense severity ranking chart has 10 offense
18 levels, ranked from least severe, which are level 1 offenses,
19 to most severe, which are level 10 offenses, and each felony
20 offense is assigned to a level according to the severity of
21 the offense. For purposes of determining which felony offenses
22 are specifically listed in the offense severity ranking chart
23 and which severity level has been assigned to each of these
24 offenses, the numerical statutory references in the left
25 column of the chart and the felony degree designations in the
26 middle column of the chart are controlling; the language in
27 the right column of the chart is provided solely for
28 descriptive purposes. Reclassification of the degree of the
29 felony through the application of s. 775.0845, s. 775.087, s.
30 775.0875, s. 794.023, or any other law that provides an
31 enhanced penalty for a felony offense, to any offense listed
14
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1 in the offense severity ranking chart in this section shall
2 not cause the offense to become unlisted and is not subject to
3 the provisions of s. 921.0023.
4 921.0024 Criminal Punishment Code; worksheet
5 computations; scoresheets.--
6 (1)
7
8 (b) WORKSHEET KEY:
9
10 Legal status points are assessed when any form of legal status
11 existed at the time the offender committed an offense before
12 the court for sentencing. Four (4) sentence points are
13 assessed for an offender's legal status.
14
15 Community sanction violation points are assessed when a
16 community sanction violation is before the court for
17 sentencing. Six (6) sentence points are assessed for each
18 community sanction violation, and each successive community
19 sanction violation; however, if the community sanction
20 violation includes a new felony conviction before the
21 sentencing court, twelve (12) community sanction violation
22 points are assessed for such violation, and for each
23 successive community sanction violation involving a new felony
24 conviction. Multiple counts of community sanction violations
25 before the sentencing court shall not be a basis for
26 multiplying the assessment of community sanction violation
27 points.
28
29 Prior serious felony points: If the offender has a primary
30 offense or any additional offense ranked in level 8, level 9,
31 or level 10, and one or more prior serious felonies, a single
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1 assessment of 30 points shall be added. For purposes of this
2 section, a prior serious felony is an offense in the
3 offender's prior record that is ranked in level 8, level 9, or
4 level 10 under s. 921.0022 or s. 921.0023 and for which the
5 offender is serving a sentence of confinement, supervision, or
6 other sanction or for which the offender's date of release
7 from confinement, supervision, or other sanction, whichever is
8 later, is within 3 years before the date the primary offense
9 or any additional offense was committed.
10
11 Prior capital felony points: If the offender has one or more
12 prior capital felonies in the offender's criminal record,
13 points shall be added to the subtotal sentence points of the
14 offender equal to twice the number of points the offender
15 receives for the primary offense and any additional offense.
16 A prior capital felony in the offender's criminal record is a
17 previous capital felony offense for which the offender has
18 entered a plea of nolo contendere or guilty or has been found
19 guilty; or a felony in another jurisdiction which is a capital
20 felony in that jurisdiction, or would be a capital felony if
21 the offense were committed in this state.
22
23 Possession of a firearm, semiautomatic firearm, or machine
24 gun: If the offender is convicted of committing or attempting
25 to commit any felony other than those enumerated in s.
26 775.087(2) while having in his possession: a firearm as
27 defined in s. 790.001(6), an additional 18 sentence points are
28 assessed; or if the offender is convicted of committing or
29 attempting to commit any felony other than those enumerated in
30 s. 775.087(3) while having in his possession a semiautomatic
31 firearm as defined in s. 775.087(3) or a machine gun as
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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
17
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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
5 Domestic violence in the presence of a child: If the offender
6 is convicted of the primary offense and the primary offense is
7 a crime of domestic violence, as defined in s. 741.28, which
8 was committed in the presence of a child under 16 years of age
9 who is a family household member as defined in s. 741.28(2)
10 with the victim or perpetrator, the subtotal sentence points
11 are multiplied, at the discretion of the court, by 1.5.
12 947.146 Control Release Authority.--
13 (3) Within 120 days prior to the date the state
14 correctional system is projected pursuant to s. 216.136 to
15 exceed 99 percent of total capacity, the authority shall
16 determine eligibility for and establish a control release date
17 for an appropriate number of parole ineligible inmates
18 committed to the department and incarcerated within the state
19 who have been determined by the authority to be eligible for
20 discretionary early release pursuant to this section. In
21 establishing control release dates, it is the intent of the
22 Legislature that the authority prioritize consideration of
23 eligible inmates closest to their tentative release date. The
24 authority shall rely upon commitment data on the offender
25 information system maintained by the department to initially
26 identify inmates who are to be reviewed for control release
27 consideration. The authority may use a method of objective
28 risk assessment in determining if an eligible inmate should be
29 released. Such assessment shall be a part of the department's
30 management information system. However, the authority shall
31 have sole responsibility for determining control release
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1 eligibility, establishing a control release date, and
2 effectuating the release of a sufficient number of inmates to
3 maintain the inmate population between 99 percent and 100
4 percent of total capacity. Inmates who are ineligible for
5 control release are inmates who are parole eligible or inmates
6 who:
7 (b) Are serving the mandatory minimum portion of a
8 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
9
10 In making control release eligibility determinations under
11 this subsection, the authority may rely on any document
12 leading to or generated during the course of the criminal
13 proceedings, including, but not limited to, any presentence or
14 postsentence investigation or any information contained in
15 arrest reports relating to circumstances of the offense.
16 Section 4. In order to inform the public and to deter
17 and prevent crime in the state, the Executive Office of the
18 Governor shall place public service announcements in visible
19 local media throughout the state explaining the penalties
20 provided in this act.
21 Section 5. This act shall take effect upon becoming a
22 law.
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