House Bill 0113er

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  1

  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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  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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  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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  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 application of the

20         definition of the term "possession"; requiring

21         the state attorney to place in court files

22         certain memoranda; providing an exception;

23         authorizing the Department of Corrections to

24         expend funds for public service announcements;

25         providing for legislative policy and intent;

26         providing for a report; requiring the state

27         attorney to explain mandatory sentence

28         deviations in writing; requiring state

29         attorneys to submit such writings to its

30         association where it must remain available to

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


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  1         921.0022(2), F.S., relating to the Criminal

  2         Punishment Code offense severity ranking chart,

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

  4         Criminal Punishment Code worksheet computations

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

  6         to Control Release Authority, to incorporate

  7         said amendment in references; providing for

  8         public service announcements with respect to

  9         the penalties provided in the act; providing an

10         effective date.

11

12         WHEREAS, Florida ranks among the most violent states in

13  the nation, and

14         WHEREAS, in 1975 the Florida Legislature enacted

15  legislation requiring a minimum mandatory sentence of three

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

17  attempted commission of a violent felony, and

18         WHEREAS, the Legislature enacted this mandatory penalty

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

20  use guns during the commission of violent crimes, and

21         WHEREAS, the FBI reports that among persons identified

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

23  71% had prior criminal convictions, and one of every four were

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

25  officers, and

26         WHEREAS, criminals who use guns during the commission

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

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

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

30  protect citizens from violent criminals, and

31


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  1         WHEREAS, the Legislature intends to hold criminals more

  2  accountable for their crimes, and intends for criminals who

  3  use guns to commit violent crimes to receive greater criminal

  4  penalties than they do today, and

  5         WHEREAS, the Legislature intends that when law

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

  7  and arrest these gun-wielding criminals who terrorize the

  8  streets and neighborhoods of Florida, that these criminals be

  9  sentenced to longer mandatory prison terms than provided in

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

11  enforcement officers and the public, and

12         WHEREAS, there is a critical need for effective

13  criminal justice measures that will ensure that violent

14  criminals are sentenced to prison terms that will effectively

15  incapacitate the offender, prevent future crimes, and reduce

16  violent crime rates, and

17         WHEREAS, it is the intent of the Legislature that

18  criminals who use guns to commit violent crimes be vigorously

19  prosecuted and that the state demand that minimum mandatory

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

21  THEREFORE,

22

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

24

25         Section 1.  Section 775.087, Florida Statutes, is

26  amended to read:

27         775.087  Possession or use of weapon; aggravated

28  battery; felony reclassification; minimum sentence.--

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

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

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


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

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

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

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

  5  is charged shall be reclassified as follows:

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

  7  life felony.

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

  9  felony of the first degree.

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

11  felony of the second degree.

12

13  For purposes of sentencing under chapter 921 and determining

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

15  offense which is reclassified under this section is ranked one

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

17  the felony offense committed.

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

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

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

21         a.(a)  Murder;

22         b.(b)  Sexual battery;

23         c.(c)  Robbery;

24         d.(d)  Burglary;

25         e.(e)  Arson;

26         f.(f)  Aggravated assault;

27         g.(g)  Aggravated battery;

28         h.(h)  Kidnapping;

29         i.(i)  Escape;

30         j.(j)  Aircraft piracy;

31         k.(k)  Aggravated child abuse;


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

  2  disabled adult;

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

  4  destructive device or bomb;

  5         n.(n)  Carjacking;

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

  7         p.(p)  Aggravated stalking;

  8         q.  Trafficking in cannabis, trafficking in cocaine,

  9  capital importation of cocaine, trafficking in illegal drugs,

10  capital importation of illegal drugs, trafficking in

11  phencyclidine, capital importation of phencyclidine,

12  trafficking in methaqualone, capital importation of

13  methaqualone, trafficking in amphetamine, capital importation

14  of amphetamine, trafficking in flunitrazepam, or other

15  violation of s. 893.135(1); or

16         r.  Possession of a firearm by a felon

17

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

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

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

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

22  is convicted for aggravated assault, possession of a firearm

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

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

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

26  commission of the offense.

27         2.  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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  1  "destructive device" as defined in s. 790.001 shall be

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

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

  4  attempt to commit a felony listed in sub-subparagraphs

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

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

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

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

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

10  inflicted upon any person, the convicted person shall be

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

12  25 years and not more than a term of imprisonment of life in

13  prison.

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

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

16  longer sentence of incarceration as authorized by law in

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

18  sentence of death pursuant to other applicable law.

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

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

21  otherwise required by law.

22

23  Notwithstanding s. 948.01, adjudication of guilt or imposition

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

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

26  944.275 or any form of discretionary early release, other than

27  pardon or executive clemency, or conditional medical release

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

29         (c)  If the minimum mandatory terms of imprisonment

30  imposed pursuant to this section exceed the maximum sentences

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


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  1  Punishment Code under chapter 921, then the mandatory minimum

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

  3  imprisonment pursuant to this section are less than the

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

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

  6  then the sentence imposed by the court must include the

  7  mandatory minimum term of imprisonment as required in this

  8  section.

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

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

11  attempt to use firearms or destructive devices be punished to

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

13  imprisonment imposed pursuant to this subsection shall be

14  imposed for each qualifying felony count for which the person

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

16  provided for in this subsection consecutively to any other

17  term of imprisonment imposed for any other felony offense.

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

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

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

21  for:

22         a.1.  Murder;

23         b.2.  Sexual battery;

24         c.3.  Robbery;

25         d.4.  Burglary;

26         e.5.  Arson;

27         f.6.  Aggravated assault;

28         g.7.  Aggravated battery;

29         h.8.  Kidnapping;

30         i.9.  Escape;

31


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

  2  manufacture, or deliver any controlled substance;

  3         k.11.  Aircraft piracy;

  4         l.12.  Aggravated child abuse;

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

  6  disabled adult;

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

  8  destructive device or bomb;

  9         o.15.  Carjacking;

10         p.16.  Home-invasion robbery; or

11         q.17.  Aggravated stalking; or

12         r.  Trafficking in cannabis, trafficking in cocaine,

13  capital importation of cocaine, trafficking in illegal drugs,

14  capital importation of illegal drugs, trafficking in

15  phencyclidine, capital importation of phencyclidine,

16  trafficking in methaqualone, capital importation of

17  methaqualone, trafficking in amphetamine, capital importation

18  of amphetamine, trafficking in flunitrazepam, or other

19  violation of s. 893.135(1);

20

21  and during the commission of the offense, such person

22  possessed a semiautomatic firearm and its high-capacity

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

24  790.001, shall be sentenced to a minimum term of imprisonment

25  of 15 8 years.

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

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

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

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

30  such person discharged a semiautomatic firearm and its

31  high-capacity box magazine or a "machine gun" as defined in s.


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  1  790.001 shall be sentenced to a minimum term of imprisonment

  2  of 20 years.

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

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

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

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

  7  such person discharged a semiautomatic firearm and its

  8  high-capacity box magazine or a "machine gun" as defined in s.

  9  790.001 and, as the result of the discharge, death or great

10  bodily harm was inflicted upon any person, the convicted

11  person shall be sentenced to a minimum term of imprisonment of

12  not less than 25 years and not more than a term of

13  imprisonment of life in prison.

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

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

16  longer sentence of incarceration as authorized by law in

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

18  sentence of death pursuant to other applicable law.

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

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

21  otherwise required by law.

22

23  Notwithstanding s. 948.01, adjudication of guilt or imposition

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

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

26  944.275 or any form of discretionary early release, other than

27  pardon or executive clemency, or conditional medical release

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

29         (c)  If the minimum mandatory terms of imprisonment

30  imposed pursuant to this section exceed the maximum sentences

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


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  1  Punishment Code under chapter 921, then the mandatory minimum

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

  3  imprisonment pursuant to this section are less than the

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

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

  6  then the sentence imposed by the court must include the

  7  mandatory minimum term of imprisonment as required in this

  8  section.

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

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

11  to use a semiautomatic firearm and its high-capacity

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

13  790.001 be punished to the fullest extent of the law, and the

14  minimum terms of imprisonment imposed pursuant to this

15  subsection shall be imposed for each qualifying felony count

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

17  term of imprisonment provided for in this subsection

18  consecutively to any other term of imprisonment imposed for

19  any other felony offense.

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

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

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

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

24  cartridges.

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

26  capable of firing a series of rounds by separate successive

27  depressions of the trigger and which uses the energy of

28  discharge to perform a portion of the operating cycle.

29         (4)  For purposes of imposition of minimum mandatory

30  sentencing provisions of this section, with respect to a

31  firearm, the term "possession" is defined as carrying it on


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  1  the person. Possession may also be proven by demonstrating

  2  that the defendant had the firearm within immediate physical

  3  reach with ready access with the intent to use the firearm

  4  during the commission of the offense, if proven beyond a

  5  reasonable doubt.

  6         (5)  In every case in which a law enforcement agency

  7  based a criminal charge on facts demonstrating that the

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

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

10  not receive the mandatory penalty, the state attorney must

11  place in the court file a memorandum explaining why the

12  minimum mandatory penalty was not imposed.

13         (6)  This section does not apply to law enforcement

14  officers or to United States Military personnel who are

15  performing their lawful duties or who are traveling to or from

16  their places of employment or assignment to perform their

17  lawful duties.

18         (7)  The Department of Corrections may spend up to

19  $500,000 from resources available from the department's

20  appropriation for the 1998-1999 fiscal year to provide public

21  service announcements to advertise the minimum mandatory

22  penalties provided in this section. Notwithstanding any

23  provision to the contrary, this subsection shall take effect

24  upon becoming law.

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

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

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

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

29  prison terms provided herein. It is the intent of the

30  Legislature to establish zero tolerance of criminals who use,

31  threaten to use, or avail themselves of firearms in order to


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  1  commit crimes and thereby demonstrate their lack of value for

  2  human life. It is also the intent of the Legislature that

  3  prosecutors should appropriately exercise their discretion in

  4  those cases in which the offenders' possession of the firearm

  5  is incidental to the commission of a crime and not used in

  6  furtherance of the crime, used in order to commit the crime,

  7  or used in preparation to commit the crime. For every case in

  8  which the offender meets the criteria in this act and does not

  9  receive the mandatory minimum prison sentence, the state

10  attorney must explain the sentencing deviation in writing and

11  place such explanation in the case file maintained by the

12  state attorney. On a quarterly basis, each state attorney

13  shall submit copies of deviation memoranda regarding offenses

14  committed on or after the effective date of this act to the

15  President of the Florida Prosecuting Attorneys Association,

16  Inc. The association must maintain such information and make

17  such information available to the public upon request for at

18  least a 10-year period.

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

20  annually report to the Speaker of the House of

21  Representatives, the President of the Senate, and the

22  Executive Office of the Governor regarding the prosecution and

23  sentencing of offenders who met the criteria in section

24  775.087(2) and (3), Florida Statutes. The report must

25  categorize the defendants by age, gender, race, and ethnicity.

26  Cases in which a final disposition has not yet been reached

27  shall be reported in a subsequent annual report.

28         Section 3.  For the purpose of incorporating the

29  amendment to section 775.087, Florida Statutes, in references

30  thereto, the following sections or subdivisions of Florida

31


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

  2  to read:

  3         921.0022  Criminal Punishment Code; offense severity

  4  ranking chart.--

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

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

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

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

  9  the offense. For purposes of determining which felony offenses

10  are specifically listed in the offense severity ranking chart

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

12  offenses, the numerical statutory references in the left

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

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

15  the right column of the chart is provided solely for

16  descriptive purposes. Reclassification of the degree of the

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

18  775.0875, s. 794.023, or any other law that provides an

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

20  in the offense severity ranking chart in this section shall

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

22  the provisions of s. 921.0023.

23         921.0024  Criminal Punishment Code; worksheet

24  computations; scoresheets.--

25         (1)

26

27                       (b)  WORKSHEET KEY:

28

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

30  existed at the time the offender committed an offense before

31


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

  2  assessed for an offender's legal status.

  3

  4  Community sanction violation points are assessed when a

  5  community sanction violation is before the court for

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

  7  community sanction violation, and each successive community

  8  sanction violation; however, if the community sanction

  9  violation includes a new felony conviction before the

10  sentencing court, twelve (12) community sanction violation

11  points are assessed for such violation, and for each

12  successive community sanction violation involving a new felony

13  conviction. Multiple counts of community sanction violations

14  before the sentencing court shall not be a basis for

15  multiplying the assessment of community sanction violation

16  points.

17

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

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

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

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

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

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

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

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

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

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

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

29  or any additional offense was committed.

30

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

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

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

  4  offender equal to twice the number of points the offender

  5  receives for the primary offense and any additional offense.

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

  7  previous capital felony offense for which the offender has

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

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

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

11  the offense were committed in this state.

12

13  Possession of a firearm, semiautomatic firearm, or machine

14  gun:  If the offender is convicted of committing or attempting

15  to commit any felony other than those enumerated in s.

16  775.087(2) while having in his possession: a firearm as

17  defined in s. 790.001(6), an additional 18 sentence points are

18  assessed; or if the offender is convicted of committing or

19  attempting to commit any felony other than those enumerated in

20  s. 775.087(3) while having in his possession a semiautomatic

21  firearm as defined in s. 775.087(3) or a machine gun as

22  defined in s. 790.001(9), an additional 25 sentence points are

23  assessed.

24

25  Sentencing multipliers:

26

27  Drug trafficking:  If the primary offense is drug trafficking

28  under s. 893.135, the subtotal sentence points are multiplied,

29  at the discretion of the court, for a level 7 or level 8

30  offense, by 1.5.  The state attorney may move the sentencing

31  court to reduce or suspend the sentence of a person convicted


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  1  of a level 7 or level 8 offense, if the offender provides

  2  substantial assistance as described in s. 893.135(4).

  3

  4  Law enforcement protection:  If the primary offense is a

  5  violation of the Law Enforcement Protection Act under s.

  6  775.0823(2), the subtotal sentence points are multiplied by

  7  2.5.  If the primary offense is a violation of s. 775.0823(3),

  8  (4), (5), (6), (7), or (8), the subtotal sentence points are

  9  multiplied by 2.0. If the primary offense is a violation of s.

10  784.07(3) or s. 775.0875(1), or of the Law Enforcement

11  Protection Act under s. 775.0823(9) or (10), the subtotal

12  sentence points are multiplied by 1.5.

13

14  Grand theft of a motor vehicle:  If the primary offense is

15  grand theft of the third degree involving a motor vehicle and

16  in the offender's prior record, there are three or more grand

17  thefts of the third degree involving a motor vehicle, the

18  subtotal sentence points are multiplied by 1.5.

19

20  Criminal street gang member:  If the offender is convicted of

21  the primary offense and is found to have been a member of a

22  criminal street gang at the time of the commission of the

23  primary offense pursuant to s. 874.04, the subtotal sentence

24  points are multiplied by 1.5.

25

26  Domestic violence in the presence of a child:  If the offender

27  is convicted of the primary offense and the primary offense is

28  a crime of domestic violence, as defined in s. 741.28, which

29  was committed in the presence of a child under 16 years of age

30  who is a family household member as defined in s. 741.28(2)

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  1  with the victim or perpetrator, the subtotal sentence points

  2  are multiplied, at the discretion of the court, by 1.5.

  3         947.146  Control Release Authority.--

  4         (3)  Within 120 days prior to the date the state

  5  correctional system is projected pursuant to s. 216.136 to

  6  exceed 99 percent of total capacity, the authority shall

  7  determine eligibility for and establish a control release date

  8  for an appropriate number of parole ineligible inmates

  9  committed to the department and incarcerated within the state

10  who have been determined by the authority to be eligible for

11  discretionary early release pursuant to this section.  In

12  establishing control release dates, it is the intent of the

13  Legislature that the authority prioritize consideration of

14  eligible inmates closest to their tentative release date.  The

15  authority shall rely upon commitment data on the offender

16  information system maintained by the department to initially

17  identify inmates who are to be reviewed for control release

18  consideration.  The authority may use a method of objective

19  risk assessment in determining if an eligible inmate should be

20  released.  Such assessment shall be a part of the department's

21  management information system. However, the authority shall

22  have sole responsibility for determining control release

23  eligibility, establishing a control release date, and

24  effectuating the release of a sufficient number of inmates to

25  maintain the inmate population between 99 percent and 100

26  percent of total capacity.  Inmates who are ineligible for

27  control release are inmates who are parole eligible or inmates

28  who:

29         (b)  Are serving the mandatory minimum portion of a

30  sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);

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    ENROLLED

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  1  In making control release eligibility determinations under

  2  this subsection, the authority may rely on any document

  3  leading to or generated during the course of the criminal

  4  proceedings, including, but not limited to, any presentence or

  5  postsentence investigation or any information contained in

  6  arrest reports relating to circumstances of the offense.

  7         Section 4.  In order to inform the public and to deter

  8  and prevent crime, the Office of the Governor shall place

  9  public service announcements in areas having the highest

10  representation in the correctional system explaining the

11  penalties provided in this act.  In addition, the Office of

12  the Governor shall place public service announcements directed

13  to areas of the state which have the highest rate of

14  firearms-related offenses to maximize the preventative aspects

15  of advertising the penalties imposed by this act.

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

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

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