Senate Bill 1496c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
By the Committee on Criminal Justice and Senator Saunders
307-1875A-99
1 A bill to be entitled
2 An act relating to sentencing; amending s.
3 775.021, F.S., relating to rules of
4 construction; removing exceptions to a
5 construction rule regarding sentencing for
6 criminal offenses; amending s. 874.04, F.S.;
7 providing for enhanced penalties for commission
8 of a felony or misdemeanor, or a delinquent act
9 or violation of law that would be a felony or
10 misdemeanor if committed by an adult, under
11 specified circumstances when the defendant
12 committed the charged offense for the purpose
13 of furthering, benefiting, or promoting a
14 criminal street gang; amending s. 921.0022,
15 F.S., relating to the offense severity ranking
16 chart of the Criminal Punishment Code; ranking
17 the offense of knowingly transmitting or
18 disseminating by computer any notice or
19 advertisement for the purpose of facilitating,
20 encouraging, offering, or soliciting sexual
21 conduct of or with a minor, or visually
22 depicting such conduct; amending s. 921.0024,
23 F.S., relating to the Criminal Punishment Code
24 worksheet computations and scoresheets;
25 revising guidelines for application of a
26 specified sentence multiplier for offenses
27 related to criminal street gangs; conforming
28 terminology; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 Section 1. Subsection (4) of section 775.021, Florida
2 Statutes, is amended to read:
3 775.021 Rules of construction.--
4 (4)(a) Whoever, in the course of one criminal
5 transaction or episode, commits an act or acts which
6 constitute one or more separate criminal offenses, upon
7 conviction and adjudication of guilt, shall be sentenced
8 separately for each criminal offense; and the sentencing judge
9 may order the sentences to be served concurrently or
10 consecutively. For the purposes of this subsection, offenses
11 are separate if each offense requires proof of an element that
12 the other does not, without regard to the accusatory pleading
13 or the proof adduced at trial.
14 (b) The intent of the Legislature is to convict and
15 sentence for each criminal offense committed in the course of
16 one criminal episode or transaction and not to allow the
17 principle of lenity as set forth in subsection (1) to
18 determine legislative intent. Exceptions to this rule of
19 construction are:
20 1. Offenses which require identical elements of proof.
21 2. Offenses which are degrees of the same offense as
22 provided by statute.
23 3. Offenses which are lesser offenses the statutory
24 elements of which are subsumed by the greater offense.
25 Section 2. Section 874.04, Florida Statutes, is
26 amended to read:
27 874.04 Criminal street gang activity; enhanced
28 penalties.--Upon a finding by the court at sentencing that the
29 defendant committed the charged offense for the purpose of
30 furthering, benefiting, or promoting a criminal street gang is
31 a member of a criminal street gang, the penalty for any felony
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 or misdemeanor, or any delinquent act or violation of law
2 which would be a felony or misdemeanor if committed by an
3 adult, may be enhanced if the offender was a member of a
4 criminal street gang at the time of the commission of such
5 offense. Each of the findings required as a basis for such
6 sentence shall be found by a preponderance of the evidence.
7 The enhancement will be as follows:
8 (1)(a) A misdemeanor of the second degree may be
9 punished as if it were a misdemeanor of the first degree.
10 (b) A misdemeanor of the first degree may be punished
11 as if it were a felony of the third degree. For purposes of
12 sentencing under chapter 921 and determining incentive
13 gain-time eligibility under chapter 944, such offense is
14 ranked in level 1 of the offense severity ranking chart. The
15 criminal street gang multiplier in s. 921.0024 does not apply
16 to misdemeanors enhanced under this paragraph.
17 (2)(a) A felony of the third degree may be punished as
18 if it were a felony of the second degree.
19 (b) A felony of the second degree may be punished as
20 if it were a felony of the first degree.
21 (c) A felony of the first degree may be punished as if
22 it were a life felony.
23
24 For purposes of sentencing under chapter 921 and determining
25 incentive gain-time eligibility under chapter 944, such felony
26 offense is ranked as provided in s. 921.0022 or s. 921.0023,
27 and without regard to the penalty enhancement in this
28 subsection. For purposes of this section, penalty enhancement
29 affects the applicable statutory maximum penalty only.
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 Section 3. Paragraph (f) of subsection (3) of section
2 921.0022, Florida Statutes, 1998 Supplement, is amended to
3 read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11
12 (f) LEVEL 6
13 316.027(1)(b) 2nd Accident involving death, failure
14 to stop; leaving scene.
15 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
16 conviction.
17 775.0875(1) 3rd Taking firearm from law
18 enforcement officer.
19 775.21(9) 3rd Sexual predators; failure to
20 register; failure to renew
21 driver's license or
22 identification card.
23 784.021(1)(a) 3rd Aggravated assault; deadly weapon
24 without intent to kill.
25 784.021(1)(b) 3rd Aggravated assault; intent to
26 commit felony.
27 784.041 3rd Felony battery.
28 784.048(3) 3rd Aggravated stalking; credible
29 threat.
30 784.048(5) 3rd Aggravated stalking of person
31 under 16.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 784.07(2)(c) 2nd Aggravated assault on law
2 enforcement officer.
3 784.08(2)(b) 2nd Aggravated assault on a person 65
4 years of age or older.
5 784.081(2) 2nd Aggravated assault on specified
6 official or employee.
7 784.082(2) 2nd Aggravated assault by detained
8 person on visitor or other
9 detainee.
10 784.083(2) 2nd Aggravated assault on code
11 inspector.
12 787.02(2) 3rd False imprisonment; restraining
13 with purpose other than those in
14 s. 787.01.
15 790.115(2)(d) 2nd Discharging firearm or weapon on
16 school property.
17 790.161(2) 2nd Make, possess, or throw
18 destructive device with intent to
19 do bodily harm or damage
20 property.
21 790.164(1) 2nd False report of deadly explosive
22 or act of arson or violence to
23 state property.
24 790.19 2nd Shooting or throwing deadly
25 missiles into dwellings, vessels,
26 or vehicles.
27 794.011(8)(a) 3rd Solicitation of minor to
28 participate in sexual activity by
29 custodial adult.
30 794.05(1) 2nd Unlawful sexual activity with
31 specified minor.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 806.031(2) 2nd Arson resulting in great bodily
2 harm to firefighter or any other
3 person.
4 810.02(3)(c) 2nd Burglary of occupied structure;
5 unarmed; no assault or battery.
6 812.014(2)(b) 2nd Property stolen $20,000 or more,
7 but less than $100,000, grand
8 theft in 2nd degree.
9 812.13(2)(c) 2nd Robbery, no firearm or other
10 weapon (strong-arm robbery).
11 817.034(4)(a)1. 1st Communications fraud, value
12 greater than $50,000.
13 817.4821(5) 2nd Possess cloning paraphernalia
14 with intent to create cloned
15 cellular telephones.
16 825.102(1) 3rd Abuse of an elderly person or
17 disabled adult.
18 825.102(3)(c) 3rd Neglect of an elderly person or
19 disabled adult.
20 825.1025(3) 3rd Lewd or lascivious molestation of
21 an elderly person or disabled
22 adult.
23 825.103(2)(c) 3rd Exploiting an elderly person or
24 disabled adult and property is
25 valued at less than $20,000.
26 827.03(1) 3rd Abuse of a child.
27 827.03(3)(c) 3rd Neglect of a child.
28 827.071(2)&(3) 2nd Use or induce a child in a sexual
29 performance, or promote or direct
30 such performance.
31 836.05 2nd Threats; extortion.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 836.10 2nd Written threats to kill or do
2 bodily injury.
3 843.12 3rd Aids or assists person to escape.
4 847.0135(2) 3rd Use of computer to facilitate or
5 solicit sexual conduct of or with
6 a minor.
7 847.0135(3) 3rd Solicitation of a child, via a
8 computer service, to commit an
9 unlawful sex act.
10 914.23 2nd Retaliation against a witness,
11 victim, or informant, with bodily
12 injury.
13 943.0435(6) 3rd Sex offenders; failure to comply
14 with reporting requirements.
15 944.35(3)(a)2. 3rd Committing malicious battery upon
16 or inflicting cruel or inhuman
17 treatment on an inmate or
18 offender on community
19 supervision, resulting in great
20 bodily harm.
21 944.40 2nd Escapes.
22 944.46 3rd Harboring, concealing, aiding
23 escaped prisoners.
24 944.47(1)(a)5. 2nd Introduction of contraband
25 (firearm, weapon, or explosive)
26 into correctional facility.
27 951.22(1) 3rd Intoxicating drug, firearm, or
28 weapon introduced into county
29 facility.
30 Section 4. Subsection (1) of section 921.0024, Florida
31 Statutes, 1998 Supplement, is amended to read:
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 921.0024 Criminal Punishment Code; worksheet
2 computations; scoresheets.--
3 (1)(a) The Criminal Punishment Code worksheet is used
4 to compute the subtotal and total sentence points as follows:
5
6 FLORIDA CRIMINAL PUNISHMENT CODE
7 WORKSHEET
8
9 OFFENSE SCORE
10
11 Primary Offense
12 Level Sentence Points Total
13 ..............................................................
14 10 116 = ....
15 9 92 = ....
16 8 74 = ....
17 7 56 = ....
18 6 36 = ....
19 5 28 = ....
20 4 22 = ....
21 3 16 = ....
22 2 10 = ....
23 1 4 = ....
24
25 ..............................................................
26 Total
27
28 Additional Offenses
29 Level Sentence Points Counts Total
30 ..............................................................
31 10 58 x .... = ....
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 9 46 x .... = ....
2 8 37 x .... = ....
3 7 28 x .... = ....
4 6 18 x .... = ....
5 5 5.4 x .... = ....
6 4 3.6 x .... = ....
7 3 2.4 x .... = ....
8 2 1.2 x .... = ....
9 1 0.7 x .... = ....
10 M 0.2 x .... = ....
11
12 ..............................................................
13 Total
14
15 Victim Injury
16 Level Sentence Points Number Total
17 ..............................................................
18 2nd degree
19 murder-
20 death 240 x .... = ....
21 Death 120 x .... = ....
22 Severe 40 x .... = ....
23 Moderate 18 x .... = ....
24 Slight 4 x .... = ....
25 Sexual
26 penetration 80 x .... = ....
27 Sexual
28 contact 40 x .... = ....
29
30 ..............................................................
31 Total
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1
2 Primary Offense + Additional Offenses + Victim Injury =
3 TOTAL OFFENSE SCORE
4
5 PRIOR RECORD SCORE
6
7 Prior Record
8 Level Sentence Points Number Total
9 ..............................................................
10 10 29 x .... = ....
11 9 23 x .... = ....
12 8 19 x .... = ....
13 7 14 x .... = ....
14 6 9 x .... = ....
15 5 3.6 x .... = ....
16 4 2.4 x .... = ....
17 3 1.6 x .... = ....
18 2 0.8 x .... = ....
19 1 0.5 x .... = ....
20 M 0.2 x .... = ....
21
22 ..............................................................
23 Total
24
25 TOTAL OFFENSE SCORE........................................
26 TOTAL PRIOR RECORD SCORE...................................
27
28 LEGAL STATUS...............................................
29 COMMUNITY SANCTION VIOLATION...............................
30 PRIOR SERIOUS FELONY.......................................
31 PRIOR CAPITAL FELONY.......................................
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 FIREARM OR SEMIAUTOMATIC WEAPON............................
2 SUBTOTAL........
3
4 PRISON RELEASEE REOFFENDER (no)(yes).......................
5 VIOLENT CAREER CRIMINAL (no)(yes)..........................
6 HABITUAL VIOLENT OFFENDER (no)(yes)........................
7 HABITUAL OFFENDER (no)(yes)................................
8 DRUG TRAFFICKER (no)(yes) (x multiplier)...................
9 LAW ENF. PROTECT. (no)(yes) (x multiplier).................
10 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)...............
11 CRIMINAL STREET GANG OFFENSE MEMBER (no)(yes) (x
12 multiplier)...................................................
13 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD
14 (no)(yes) (x multiplier)......................................
15 ..............................................................
16 TOTAL SENTENCE POINTS........
17
18 (b) WORKSHEET KEY:
19
20 Legal status points are assessed when any form of legal status
21 existed at the time the offender committed an offense before
22 the court for sentencing. Four (4) sentence points are
23 assessed for an offender's legal status.
24
25 Community sanction violation points are assessed when a
26 community sanction violation is before the court for
27 sentencing. Six (6) sentence points are assessed for each
28 community sanction violation, and each successive community
29 sanction violation; however, if the community sanction
30 violation includes a new felony conviction before the
31 sentencing court, twelve (12) community sanction violation
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 points are assessed for such violation, and for each
2 successive community sanction violation involving a new felony
3 conviction. Multiple counts of community sanction violations
4 before the sentencing court shall not be a basis for
5 multiplying the assessment of community sanction violation
6 points.
7
8 Prior serious felony points: If the offender has a primary
9 offense or any additional offense ranked in level 8, level 9,
10 or level 10, and one or more prior serious felonies, a single
11 assessment of 30 points shall be added. For purposes of this
12 section, a prior serious felony is an offense in the
13 offender's prior record that is ranked in level 8, level 9, or
14 level 10 under s. 921.0022 or s. 921.0023 and for which the
15 offender is serving a sentence of confinement, supervision, or
16 other sanction or for which the offender's date of release
17 from confinement, supervision, or other sanction, whichever is
18 later, is within 3 years before the date the primary offense
19 or any additional offense was committed.
20
21 Prior capital felony points: If the offender has one or more
22 prior capital felonies in the offender's criminal record,
23 points shall be added to the subtotal sentence points of the
24 offender equal to twice the number of points the offender
25 receives for the primary offense and any additional offense.
26 A prior capital felony in the offender's criminal record is a
27 previous capital felony offense for which the offender has
28 entered a plea of nolo contendere or guilty or has been found
29 guilty; or a felony in another jurisdiction which is a capital
30 felony in that jurisdiction, or would be a capital felony if
31 the offense were committed in this state.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1
2 Possession of a firearm, semiautomatic firearm, or machine
3 gun: If the offender is convicted of committing or attempting
4 to commit any felony other than those enumerated in s.
5 775.087(2) while having in his possession: a firearm as
6 defined in s. 790.001(6), an additional 18 sentence points are
7 assessed; or if the offender is convicted of committing or
8 attempting to commit any felony other than those enumerated in
9 s. 775.087(3) while having in his possession a semiautomatic
10 firearm as defined in s. 775.087(3) or a machine gun as
11 defined in s. 790.001(9), an additional 25 sentence points are
12 assessed.
13
14 Sentencing multipliers:
15
16 Drug trafficking: If the primary offense is drug trafficking
17 under s. 893.135, the subtotal sentence points are multiplied,
18 at the discretion of the court, for a level 7 or level 8
19 offense, by 1.5. The state attorney may move the sentencing
20 court to reduce or suspend the sentence of a person convicted
21 of a level 7 or level 8 offense, if the offender provides
22 substantial assistance as described in s. 893.135(4).
23
24 Law enforcement protection: If the primary offense is a
25 violation of the Law Enforcement Protection Act under s.
26 775.0823(2), the subtotal sentence points are multiplied by
27 2.5. If the primary offense is a violation of s. 775.0823(3),
28 (4), (5), (6), (7), or (8), the subtotal sentence points are
29 multiplied by 2.0. If the primary offense is a violation of s.
30 784.07(3) or s. 775.0875(1), or of the Law Enforcement
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 Protection Act under s. 775.0823(9) or (10), the subtotal
2 sentence points are multiplied by 1.5.
3
4 Grand theft of a motor vehicle: If the primary offense is
5 grand theft of the third degree involving a motor vehicle and
6 in the offender's prior record, there are three or more grand
7 thefts of the third degree involving a motor vehicle, the
8 subtotal sentence points are multiplied by 1.5.
9
10 Offense related to criminal street gang member: If the
11 offender is convicted of the primary offense and committed
12 that offense for the purpose of furthering, benefiting, or
13 promoting a criminal street gang is found to have been a
14 member of a criminal street gang at the time of the commission
15 of the primary offense pursuant to s. 874.04, the subtotal
16 sentence points shall be are multiplied by 1.5.
17
18 Domestic violence in the presence of a child: If the offender
19 is convicted of the primary offense and the primary offense is
20 a crime of domestic violence, as defined in s. 741.28, which
21 was committed in the presence of a child under 16 years of age
22 who is a family household member as defined in s. 741.28(2)
23 with the victim or perpetrator, the subtotal sentence points
24 are multiplied, at the discretion of the court, by 1.5.
25 Section 5. This act shall take effect July 1, 1999.
26
27
28
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1496
307-1875A-99
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1496
3
4 - Deletes provision of the bill amending the rule of
lenity.
5
- Deletes provision of the bill requiring sentence point
6 enhancements for certain felonies committed or attempted
while possessing a firearm.
7
- Deletes provision of the bill allowing consecutive
8 sentencing of mandatory minimum terms and enhanced
sentences.
9
- Ranks in level 6 of the offense severity ranking chart
10 the offense of use of a computer to facilitate or
solicit sexual conduct of or with a minor.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
15