House Bill 0113e1

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                                 CS/CS/HB 113, First Engrossed/ntc



  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,


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                                 CS/CS/HB 113, First Engrossed/ntc



  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


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                                 CS/CS/HB 113, First Engrossed/ntc



  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


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                                 CS/CS/HB 113, First Engrossed/ntc



  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; requiring the

21         state attorney to explain mandatory sentence

22         deviations in writing; requiring state

23         attorneys to submit such writings to its

24         association where it must remain available to

25         the public for at least 10 years; reenacting s.

26         921.0022(2), F.S., relating to the Criminal

27         Punishment Code offense severity ranking chart,

28         s. 921.0024(1)(b), F.S., relating to Florida

29         Criminal Punishment Code worksheet computations

30         and key, and s. 947.146(3)(b), F.S., relating

31         to Control Release Authority, to incorporate


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                                 CS/CS/HB 113, First Engrossed/ntc



  1         said amendment in references; providing for

  2         public service announcements with respect to

  3         the penalties provided in the act; providing an

  4         effective date.

  5

  6         WHEREAS, Florida ranks among the most violent states in

  7  the nation, and

  8         WHEREAS, in 1975 the Florida Legislature enacted

  9  legislation requiring a minimum mandatory sentence of three

10  years in prison for possessing a gun during the commission or

11  attempted commission of a violent felony, and

12         WHEREAS, the Legislature enacted this mandatory penalty

13  in order to protect citizens from criminals who are known to

14  use guns during the commission of violent crimes, and

15         WHEREAS, the FBI reports that among persons identified

16  in the felonious killings of law enforcement officers in 1997,

17  71% had prior criminal convictions, and one of every four were

18  on probation or parole for other crimes when they killed the

19  officers, and

20         WHEREAS, criminals who use guns during the commission

21  of violent crimes pose an increased danger to the lives,

22  health, and safety of Florida's citizens and to Florida's law

23  enforcement officers who daily put their lives on the line to

24  protect citizens from violent criminals, and

25         WHEREAS, the Legislature intends to hold criminals more

26  accountable for their crimes, and intends for criminals who

27  use guns to commit violent crimes to receive greater criminal

28  penalties than they do today, and

29         WHEREAS, the Legislature intends that when law

30  enforcement officers put themselves in harm's way to apprehend

31  and arrest these gun-wielding criminals who terrorize the


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                                 CS/CS/HB 113, First Engrossed/ntc



  1  streets and neighborhoods of Florida, that these criminals be

  2  sentenced to longer mandatory prison terms than provided in

  3  current law, so that these offenders cannot again endanger law

  4  enforcement officers and the public, and

  5         WHEREAS, there is a critical need for effective

  6  criminal justice measures that will ensure that violent

  7  criminals are sentenced to prison terms that will effectively

  8  incapacitate the offender, prevent future crimes, and reduce

  9  violent crime rates, and

10         WHEREAS, it is the intent of the Legislature that

11  criminals who use guns to commit violent crimes be vigorously

12  prosecuted and that the state demand that minimum mandatory

13  terms of imprisonment be imposed pursuant to this act, NOW,

14  THEREFORE,

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 775.087, Florida Statutes, is

19  amended to read:

20         775.087  Possession or use of weapon; aggravated

21  battery; felony reclassification; minimum sentence.--

22         (1)  Unless otherwise provided by law, whenever a

23  person is charged with a felony, except a felony in which the

24  use of a weapon or firearm is an essential element, and during

25  the commission of such felony the defendant carries, displays,

26  uses, threatens to use, or attempts to use any weapon or

27  firearm, or during the commission of such felony the defendant

28  commits an aggravated battery, the felony for which the person

29  is charged shall be reclassified as follows:

30         (a)  In the case of a felony of the first degree, to a

31  life felony.


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                                 CS/CS/HB 113, First Engrossed/ntc



  1         (b)  In the case of a felony of the second degree, to a

  2  felony of the first degree.

  3         (c)  In the case of a felony of the third degree, to a

  4  felony of the second degree.

  5

  6  For purposes of sentencing under chapter 921 and determining

  7  incentive gain-time eligibility under chapter 944, a felony

  8  offense which is reclassified under this section is ranked one

  9  level above the ranking under s. 921.0022 or s. 921.0023 of

10  the felony offense committed.

11         (2)(a)1.  Any person who is convicted of a felony or an

12  attempt to commit a felony regardless of whether the use of a

13  weapon is an element of the felony and the conviction was for:

14         a.(a)  Murder;

15         b.(b)  Sexual battery;

16         c.(c)  Robbery;

17         d.(d)  Burglary;

18         e.(e)  Arson;

19         f.(f)  Aggravated assault;

20         g.(g)  Aggravated battery;

21         h.(h)  Kidnapping;

22         i.(i)  Escape;

23         j.(j)  Aircraft piracy;

24         k.(k)  Aggravated child abuse;

25         l.(l)  Aggravated abuse of an elderly person or

26  disabled adult;

27         m.(m)  Unlawful throwing, placing, or discharging of a

28  destructive device or bomb;

29         n.(n)  Carjacking;

30         o.(o)  Home-invasion robbery; or

31         p.(p)  Aggravated stalking;


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                                 CS/CS/HB 113, First Engrossed/ntc



  1         q.  Trafficking in cannabis, trafficking in cocaine,

  2  capital importation of cocaine, trafficking in illegal drugs,

  3  capital importation of illegal drugs, trafficking in

  4  phencyclidine, capital importation of phencyclidine,

  5  trafficking in methaqualone, capital importation of

  6  methaqualone, trafficking in amphetamine, capital importation

  7  of amphetamine, trafficking in flunitrazepam, or other

  8  violation of s. 893.135(1); or

  9         r.  Possession of a firearm by a felon

10

11  and during the commission of the offense, such person actually

12  possessed a "firearm" or "destructive device" as those terms

13  are defined in s. 790.001, shall be sentenced to a minimum

14  term of imprisonment of 10 3 years, except that a person who

15  is convicted for aggravated assault, possession of a firearm

16  by a felon, or burglary of a conveyance shall be sentenced to

17  a minimum term of imprisonment of 3 years if such person

18  possessed a "firearm" or "destructive device" during the

19  commission of the offense.

20         2.  Any person who is convicted of a felony or an

21  attempt to commit a felony listed in sub-subparagraphs

22  (a)1.a.-q., regardless of whether the use of a weapon is an

23  element of the felony, and during the course of the commission

24  of the felony such person discharged a "firearm" or

25  "destructive device" as defined in s. 790.001 shall be

26  sentenced to a minimum term of imprisonment of 20 years.

27         3.  Any person who is convicted of a felony or an

28  attempt to commit a felony listed in sub-subparagraphs

29  (a)1.a.-q., regardless of whether the use of a weapon is an

30  element of the felony, and during the course of the commission

31  of the felony such person discharged a "firearm" or


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                                 CS/CS/HB 113, First Engrossed/ntc



  1  "destructive device" as defined in s. 790.001 and, as the

  2  result of the discharge, death or great bodily harm was

  3  inflicted upon any person, the convicted person shall be

  4  sentenced to a minimum term of imprisonment of not less than

  5  25 years and not more than a term of imprisonment of life in

  6  prison.

  7         (b)  Subparagraph (a)1., subparagraph (a)2., or

  8  subparagraph (a)3. does not prevent a court from imposing a

  9  longer sentence of incarceration as authorized by law in

10  addition to the minimum mandatory sentence, or from imposing a

11  sentence of death pursuant to other applicable law.

12  Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

13  does not authorize a court to impose a lesser sentence than

14  otherwise required by law.

15

16  Notwithstanding s. 948.01, adjudication of guilt or imposition

17  of sentence shall not be suspended, deferred, or withheld, and

18  the defendant is not eligible for statutory gain-time under s.

19  944.275 or any form of discretionary early release, other than

20  pardon or executive clemency, or conditional medical release

21  under s. 947.149, prior to serving the minimum sentence.

22         (c)  If the minimum mandatory terms of imprisonment

23  imposed pursuant to this section exceed the maximum sentences

24  authorized by s. 775.082, s. 775.084, or the Criminal

25  Punishment Code under chapter 921, then the mandatory minimum

26  sentence must be imposed. If the mandatory minimum terms of

27  imprisonment pursuant to this section are less than the

28  sentences that could be imposed as authorized by s. 775.082,

29  s. 775.084, or the Criminal Punishment Code under chapter 921,

30  then the sentence imposed by the court must include the

31


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                                 CS/CS/HB 113, First Engrossed/ntc



  1  mandatory minimum term of imprisonment as required in this

  2  section.

  3         (d)  It is the intent of the Legislature that offenders

  4  who actually possess, carry, display, use, threaten to use, or

  5  attempt to use firearms or destructive devices be punished to

  6  the fullest extent of the law, and the minimum terms of

  7  imprisonment imposed pursuant to this subsection shall be

  8  imposed for each qualifying felony count for which the person

  9  is convicted. The court shall impose any term of imprisonment

10  provided for in this subsection consecutively to any other

11  term of imprisonment imposed for any other felony offense.

12         (3)(a)1.  Any person who is convicted of a felony or an

13  attempt to commit a felony, regardless of whether the use of a

14  firearm is an element of the felony, and the conviction was

15  for:

16         a.1.  Murder;

17         b.2.  Sexual battery;

18         c.3.  Robbery;

19         d.4.  Burglary;

20         e.5.  Arson;

21         f.6.  Aggravated assault;

22         g.7.  Aggravated battery;

23         h.8.  Kidnapping;

24         i.9.  Escape;

25         j.10.  Sale, manufacture, delivery, or intent to sell,

26  manufacture, or deliver any controlled substance;

27         k.11.  Aircraft piracy;

28         l.12.  Aggravated child abuse;

29         m.13.  Aggravated abuse of an elderly person or

30  disabled adult;

31


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                                 CS/CS/HB 113, First Engrossed/ntc



  1         n.14.  Unlawful throwing, placing, or discharging of a

  2  destructive device or bomb;

  3         o.15.  Carjacking;

  4         p.16.  Home-invasion robbery; or

  5         q.17.  Aggravated stalking; or

  6         r.  Trafficking in cannabis, trafficking in cocaine,

  7  capital importation of cocaine, trafficking in illegal drugs,

  8  capital importation of illegal drugs, trafficking in

  9  phencyclidine, capital importation of phencyclidine,

10  trafficking in methaqualone, capital importation of

11  methaqualone, trafficking in amphetamine, capital importation

12  of amphetamine, trafficking in flunitrazepam, or other

13  violation of s. 893.135(1);

14

15  and during the commission of the offense, or the flight

16  therefrom, such person possessed a semiautomatic firearm and

17  its high-capacity detachable box magazine or a machine gun as

18  defined in s. 790.001, shall be sentenced to a minimum term of

19  imprisonment of 15 8 years.

20         2.  Any person who is convicted of a felony or an

21  attempt to commit a felony listed in subparagraph (a)1.,

22  regardless of whether the use of a weapon is an element of the

23  felony, and during the course of the commission of the felony

24  or the flight therefrom, such person discharged a

25  semiautomatic firearm and its high-capacity box magazine or a

26  "machine gun" as defined in s. 790.001 shall be sentenced to a

27  minimum term of imprisonment of 20 years.

28         3.  Any person who is convicted of a felony or an

29  attempt to commit a felony listed in subparagraphs (a)1.,

30  regardless of whether the use of a weapon is an element of the

31  felony, and during the course of the commission of the felony


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                                 CS/CS/HB 113, First Engrossed/ntc



  1  or the flight therefrom, such person discharged a

  2  semiautomatic firearm and its high-capacity box magazine or a

  3  "machine gun" as defined in s. 790.001 and, as the result of

  4  the discharge, death or great bodily harm was inflicted upon

  5  any person, the convicted person shall be sentenced to a

  6  minimum term of imprisonment of not less than 25 years and not

  7  more than a term of imprisonment of life in prison.

  8         (b)  Subparagraph (a)1., subparagraph (a)2., or

  9  subparagraph (a)3. does not prevent a court from imposing a

10  longer sentence of incarceration as authorized by law in

11  addition to the minimum mandatory sentence, or from imposing a

12  sentence of death pursuant to other applicable law.

13  Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

14  does not authorize a court to impose a lesser sentence than

15  otherwise required by law.

16

17  Notwithstanding s. 948.01, adjudication of guilt or imposition

18  of sentence shall not be suspended, deferred, or withheld, and

19  the defendant is not eligible for statutory gain-time under s.

20  944.275 or any form of discretionary early release, other than

21  pardon or executive clemency, or conditional medical release

22  under s. 947.149, prior to serving the minimum sentence.

23         (c)  If the minimum mandatory terms of imprisonment

24  imposed pursuant to this section exceed the maximum sentences

25  authorized by s. 775.082, s. 775.084, or the Criminal

26  Punishment Code under chapter 921, then the mandatory minimum

27  sentence must be imposed. If the mandatory minimum terms of

28  imprisonment pursuant to this section are less than the

29  sentences that could be imposed as authorized by s. 775.082,

30  s. 775.084, or the Criminal Punishment Code under chapter 921,

31  then the sentence imposed by the court must include the


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                                 CS/CS/HB 113, First Engrossed/ntc



  1  mandatory minimum term of imprisonment as required in this

  2  section.

  3         (d)  It is the intent of the Legislature that offenders

  4  who possess, carry, display, use, threaten to use, or attempt

  5  to use a semiautomatic firearm and its high-capacity

  6  detachable box magazine or a machine gun as defined in s.

  7  790.001 be punished to the fullest extent of the law, and the

  8  minimum terms of imprisonment imposed pursuant to this

  9  subsection shall be imposed for each qualifying felony count

10  for which the person is convicted. The court shall impose any

11  term of imprisonment provided for in this subsection

12  consecutively to any other term of imprisonment imposed for

13  any other felony offense.

14         (e)(b)  As used in this subsection, the term:

15         1.  "High-capacity detachable box magazine" means any

16  detachable box magazine, for use in a semiautomatic firearm,

17  which is capable of being loaded with more than 20 centerfire

18  cartridges.

19         2.  "Semiautomatic firearm" means a firearm which is

20  capable of firing a series of rounds by separate successive

21  depressions of the trigger and which uses the energy of

22  discharge to perform a portion of the operating cycle.

23         Section 2.  Legislative intent and policy; report.--

24         (1)  It is the intent of the Legislature that convicted

25  criminal offenders who meet the criteria in s. 775.087(2) and

26  (3), Florida Statutes, be sentenced to the minimum mandatory

27  prison terms provided herein. For every case in which the

28  offender meets the criteria in this act and does not receive

29  the mandatory minimum prison sentence, the state attorney must

30  explain the sentencing deviation in writing and place such

31  explanation in the case file maintained by the state attorney.


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                                 CS/CS/HB 113, First Engrossed/ntc



  1  On a quarterly basis, each state attorney shall submit copies

  2  of deviation memoranda regarding offenses committed on or

  3  after the effective date of this act to the President of the

  4  Florida Prosecuting Attorneys Association, Inc. The

  5  association must maintain such information and make such

  6  information available to the public upon request for at least

  7  a 10-year period.

  8         (2)  Effective July 1, 2000, each state attorney shall

  9  annually report to the Speaker of the House, the President of

10  the Senate, and the Executive Office of the Governor regarding

11  the prosecution and sentencing of offenders who met the

12  criteria in s. 775.087(2)(a)3. and (3)(a)3., Florida Statutes.

13  The report shall include the number of charges received in

14  each circuit during the previous fiscal year by law

15  enforcement agencies which based a criminal charge on facts

16  demonstrating that the defendant met the criteria in s.

17  775.087(2)(a)3. and (3)(a)3., Florida Statutes, the case

18  number of the state attorney's office involving such criminal

19  charges, the final disposition, if any, of such cases, whether

20  the minimum mandatory prison terms authorized herein were

21  imposed in such cases, and a copy of each deviation memorandum

22  that state a written basis in those cases in which the state

23  attorney's office did not seek that the minimum mandatory

24  prison term be imposed. Cases in which a final disposition has

25  not yet been reached shall be reported in a subsequent annual

26  report. Copies of each report shall be maintained by the

27  Florida Prosecuting Attorneys Association or each elected

28  state attorney. By July 1, 2001, each elected state attorney

29  shall make each annual report available to the public on the

30  Internet.

31


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  1         (3)  In every case in which a law enforcement agency

  2  based a criminal charge on facts demonstrating that the

  3  defendant met the criteria in s.775.087(2)(a)1., 2. and 3. or

  4  s.775.087(3)(a)1., 2., and 3. and in which the defendant did

  5  not receive the mandatory penalty, the state attorney must

  6  place in the court file a memorandum explaining why the

  7  minimum mandatory penalty was not imposed.

  8         Section 3.  For the purpose of incorporating the

  9  amendment to section 775.087, Florida Statutes, in references

10  thereto, the following sections or subdivisions of Florida

11  Statutes, or Florida Statutes, 1998 Supplement, are reenacted

12  to read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (2)  The offense severity ranking chart has 10 offense

16  levels, ranked from least severe, which are level 1 offenses,

17  to most severe, which are level 10 offenses, and each felony

18  offense is assigned to a level according to the severity of

19  the offense. For purposes of determining which felony offenses

20  are specifically listed in the offense severity ranking chart

21  and which severity level has been assigned to each of these

22  offenses, the numerical statutory references in the left

23  column of the chart and the felony degree designations in the

24  middle column of the chart are controlling; the language in

25  the right column of the chart is provided solely for

26  descriptive purposes. Reclassification of the degree of the

27  felony through the application of s. 775.0845, s. 775.087, s.

28  775.0875, s. 794.023, or any other law that provides an

29  enhanced penalty for a felony offense, to any offense listed

30  in the offense severity ranking chart in this section shall

31


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  1  not cause the offense to become unlisted and is not subject to

  2  the provisions of s. 921.0023.

  3         921.0024  Criminal Punishment Code; worksheet

  4  computations; scoresheets.--

  5         (1)

  6

  7                       (b)  WORKSHEET KEY:

  8

  9  Legal status points are assessed when any form of legal status

10  existed at the time the offender committed an offense before

11  the court for sentencing. Four (4) sentence points are

12  assessed for an offender's legal status.

13

14  Community sanction violation points are assessed when a

15  community sanction violation is before the court for

16  sentencing.  Six (6) sentence points are assessed for each

17  community sanction violation, and each successive community

18  sanction violation; however, if the community sanction

19  violation includes a new felony conviction before the

20  sentencing court, twelve (12) community sanction violation

21  points are assessed for such violation, and for each

22  successive community sanction violation involving a new felony

23  conviction. Multiple counts of community sanction violations

24  before the sentencing court shall not be a basis for

25  multiplying the assessment of community sanction violation

26  points.

27

28  Prior serious felony points: If the offender has a primary

29  offense or any additional offense ranked in level 8, level 9,

30  or level 10, and one or more prior serious felonies, a single

31  assessment of 30 points shall be added. For purposes of this


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  1  section, a prior serious felony is an offense in the

  2  offender's prior record that is ranked in level 8, level 9, or

  3  level 10 under s. 921.0022 or s. 921.0023 and for which the

  4  offender is serving a sentence of confinement, supervision, or

  5  other sanction or for which the offender's date of release

  6  from confinement, supervision, or other sanction, whichever is

  7  later, is within 3 years before the date the primary offense

  8  or any additional offense was committed.

  9

10  Prior capital felony points:  If the offender has one or more

11  prior capital felonies in the offender's criminal record,

12  points shall be added to the subtotal sentence points of the

13  offender equal to twice the number of points the offender

14  receives for the primary offense and any additional offense.

15  A prior capital felony in the offender's criminal record is a

16  previous capital felony offense for which the offender has

17  entered a plea of nolo contendere or guilty or has been found

18  guilty; or a felony in another jurisdiction which is a capital

19  felony in that jurisdiction, or would be a capital felony if

20  the 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


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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


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                                 CS/CS/HB 113, First Engrossed/ntc



  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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                                 CS/CS/HB 113, First Engrossed/ntc



  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, the Office of the Governor shall place

18  public service announcements in areas having the highest

19  representation in the correctional system explaining the

20  penalties provided in this act.

21         Section 5.  This act shall take effect July 1, 1999,

22  except that Section 4 shall take effect upon becoming a law.

23

24

25

26

27

28

29

30

31


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