Senate Bill 0276
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
By Senator Saunders
25-185-00
1 A bill to be entitled
2 An act relating to sentencing; amending s.
3 775.021, F.S.; deleting the exceptions to a
4 rule of construction which requires that
5 separate sentences be imposed for separate
6 criminal offenses; amending s. 874.04, F.S.;
7 providing for enhanced penalties for the
8 commission of a felony or misdemeanor, or a
9 delinquent act or violation of law that would
10 be a felony or misdemeanor if committed by an
11 adult, under specified circumstances when the
12 defendant committed the charged offense for the
13 purpose of benefiting, promoting, or furthering
14 the interest of a criminal street gang;
15 amending s. 921.0022, F.S., relating to the
16 offense severity ranking chart of the Criminal
17 Punishment Code; ranking the offense of
18 knowingly transmitting or disseminating by
19 computer any notice or advertisement for the
20 purpose of facilitating, encouraging, offering,
21 or soliciting sexual conduct of or with a
22 minor, or visually depicting such conduct;
23 amending s. 921.0024, F.S., relating to the
24 Criminal Punishment Code worksheet computations
25 and scoresheets; revising guidelines for
26 applying a specified sentence multiplier for
27 offenses committed for the purpose of
28 benefiting, promoting, or furthering the
29 interests of a criminal street gang; providing
30 an effective date.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (4) of section 775.021, Florida
4 Statutes, is amended to read:
5 775.021 Rules of construction.--
6 (4)(a) Whoever, in the course of one criminal
7 transaction or episode, commits an act or acts that which
8 constitute one or more separate criminal offenses, upon
9 conviction and adjudication of guilt, shall be sentenced
10 separately for each criminal offense; and the sentencing judge
11 may order the sentences to be served concurrently or
12 consecutively. For the purposes of this subsection, offenses
13 are separate if each offense requires proof of an element that
14 the other does not, without regard to the accusatory pleading
15 or the proof adduced at trial.
16 (b) The intent of the Legislature is to convict and
17 sentence for each criminal offense committed in the course of
18 one criminal episode or transaction and not to allow the
19 principle of lenity as set forth in subsection (1) to
20 determine legislative intent. Exceptions to this rule of
21 construction are:
22 1. Offenses which require identical elements of proof.
23 2. Offenses which are degrees of the same offense as
24 provided by statute.
25 3. Offenses which are lesser offenses the statutory
26 elements of which are subsumed by the greater offense.
27 Section 2. Section 874.04, Florida Statutes, is
28 amended to read:
29 874.04 Criminal street gang activity; enhanced
30 penalties.--Upon a finding by the court at sentencing that the
31 defendant committed the charged offense for the purpose of
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 benefiting, promoting, or furthering the interests is a member
2 of a criminal street gang, the penalty for any felony or
3 misdemeanor, or any delinquent act or violation of law which
4 would be a felony or misdemeanor if committed by an adult, may
5 be enhanced if the offender was a member of a criminal street
6 gang at the time of the commission of such offense. Each of
7 the findings required as a basis for such sentence must shall
8 be found by a preponderance of the evidence. The enhancement
9 will be as follows:
10 (1)(a) A misdemeanor of the second degree may be
11 punished as if it were a misdemeanor of the first degree.
12 (b) A misdemeanor of the first degree may be punished
13 as if it were a felony of the third degree. For purposes of
14 sentencing under chapter 921 and determining incentive
15 gain-time eligibility under chapter 944, such offense is
16 ranked in level 1 of the offense severity ranking chart. The
17 criminal street gang multiplier in s. 921.0024 does not apply
18 to misdemeanors enhanced under this paragraph.
19 (2)(a) A felony of the third degree may be punished as
20 if it were a felony of the second degree.
21 (b) A felony of the second degree may be punished as
22 if it were a felony of the first degree.
23 (c) A felony of the first degree may be punished as if
24 it were a life felony.
25
26 For purposes of sentencing under chapter 921 and determining
27 incentive gain-time eligibility under chapter 944, such felony
28 offense is ranked as provided in s. 921.0022 or s. 921.0023,
29 and without regard to the penalty enhancement in this
30 subsection. For purposes of this section, penalty enhancement
31 affects the applicable statutory maximum penalty only.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 Section 3. Paragraph (f) of subsection (3) of section
2 921.0022, Florida Statutes, is amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10
11 (f) LEVEL 6
12 316.027(1)(b) 2nd Accident involving death, failure
13 to stop; leaving scene.
14 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
15 conviction.
16 775.0875(1) 3rd Taking firearm from law
17 enforcement officer.
18 775.21(10) 3rd Sexual predators; failure to
19 register; failure to renew
20 driver's license or
21 identification card.
22 784.021(1)(a) 3rd Aggravated assault; deadly weapon
23 without intent to kill.
24 784.021(1)(b) 3rd Aggravated assault; intent to
25 commit felony.
26 784.041 3rd Felony battery.
27 784.048(3) 3rd Aggravated stalking; credible
28 threat.
29 784.048(5) 3rd Aggravated stalking of person
30 under 16.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
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 - 2000 SB 276
25-185-00
1 800.04(5)(d) 3rd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 less than 18 years.
5 800.04(6)(b) 2nd Lewd or lascivious conduct;
6 offender 18 years of age or
7 older.
8 806.031(2) 2nd Arson resulting in great bodily
9 harm to firefighter or any other
10 person.
11 810.02(3)(c) 2nd Burglary of occupied structure;
12 unarmed; no assault or battery.
13 812.014(2)(b) 2nd Property stolen $20,000 or more,
14 but less than $100,000, grand
15 theft in 2nd degree.
16 812.13(2)(c) 2nd Robbery, no firearm or other
17 weapon (strong-arm robbery).
18 817.034(4)(a)1. 1st Communications fraud, value
19 greater than $50,000.
20 817.4821(5) 2nd Possess cloning paraphernalia
21 with intent to create cloned
22 cellular telephones.
23 825.102(1) 3rd Abuse of an elderly person or
24 disabled adult.
25 825.102(3)(c) 3rd Neglect of an elderly person or
26 disabled adult.
27 825.1025(3) 3rd Lewd or lascivious molestation of
28 an elderly person or disabled
29 adult.
30
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 825.103(2)(c) 3rd Exploiting an elderly person or
2 disabled adult and property is
3 valued at less than $20,000.
4 827.03(1) 3rd Abuse of a child.
5 827.03(3)(c) 3rd Neglect of a child.
6 827.071(2)&(3) 2nd Use or induce a child in a sexual
7 performance, or promote or direct
8 such performance.
9 836.05 2nd Threats; extortion.
10 836.10 2nd Written threats to kill or do
11 bodily injury.
12 843.12 3rd Aids or assists person to escape.
13 847.0135(2) 3rd Use of computer to facilitate or
14 solicit sexual conduct of or with
15 a minor.
16 847.0135(3) 3rd Solicitation of a child, via a
17 computer service, to commit an
18 unlawful sex act.
19 914.23 2nd Retaliation against a witness,
20 victim, or informant, with bodily
21 injury.
22 943.0435(9) 3rd Sex offenders; failure to comply
23 with reporting requirements.
24 944.35(3)(a)2. 3rd Committing malicious battery upon
25 or inflicting cruel or inhuman
26 treatment on an inmate or
27 offender on community
28 supervision, resulting in great
29 bodily harm.
30 944.40 2nd Escapes.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 944.46 3rd Harboring, concealing, aiding
2 escaped prisoners.
3 944.47(1)(a)5. 2nd Introduction of contraband
4 (firearm, weapon, or explosive)
5 into correctional facility.
6 951.22(1) 3rd Intoxicating drug, firearm, or
7 weapon introduced into county
8 facility.
9 Section 4. Subsection (1) of section 921.0024, Florida
10 Statutes, is amended to read:
11 921.0024 Criminal Punishment Code; worksheet
12 computations; scoresheets.--
13 (1)(a) The Criminal Punishment Code worksheet is used
14 to compute the subtotal and total sentence points as follows:
15
16 FLORIDA CRIMINAL PUNISHMENT CODE
17 WORKSHEET
18
19 OFFENSE SCORE
20
21 Primary Offense
22 Level Sentence Points Total
23 ..............................................................
24 10 116 = ....
25 9 92 = ....
26 8 74 = ....
27 7 56 = ....
28 6 36 = ....
29 5 28 = ....
30 4 22 = ....
31 3 16 = ....
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 2 10 = ....
2 1 4 = ....
3
4 ..............................................................
5 Total
6
7 Additional Offenses
8 Level Sentence Points Counts Total
9 ..............................................................
10 10 58 x .... = ....
11 9 46 x .... = ....
12 8 37 x .... = ....
13 7 28 x .... = ....
14 6 18 x .... = ....
15 5 5.4 x .... = ....
16 4 3.6 x .... = ....
17 3 2.4 x .... = ....
18 2 1.2 x .... = ....
19 1 0.7 x .... = ....
20 M 0.2 x .... = ....
21
22 ..............................................................
23 Total
24
25 Victim Injury
26 Level Sentence Points Number Total
27 ..............................................................
28 2nd degree
29 murder-
30 death 240 x .... = ....
31 Death 120 x .... = ....
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 Severe 40 x .... = ....
2 Moderate 18 x .... = ....
3 Slight 4 x .... = ....
4 Sexual
5 penetration 80 x .... = ....
6 Sexual
7 contact 40 x .... = ....
8
9 ..............................................................
10 Total
11
12 Primary Offense + Additional Offenses + Victim Injury =
13 TOTAL OFFENSE SCORE
14
15 PRIOR RECORD SCORE
16
17 Prior Record
18 Level Sentence Points Number Total
19 ..............................................................
20 10 29 x .... = ....
21 9 23 x .... = ....
22 8 19 x .... = ....
23 7 14 x .... = ....
24 6 9 x .... = ....
25 5 3.6 x .... = ....
26 4 2.4 x .... = ....
27 3 1.6 x .... = ....
28 2 0.8 x .... = ....
29 1 0.5 x .... = ....
30 M 0.2 x .... = ....
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1
2 ..............................................................
3 Total
4
5 TOTAL OFFENSE SCORE........................................
6 TOTAL PRIOR RECORD SCORE...................................
7
8 LEGAL STATUS...............................................
9 COMMUNITY SANCTION VIOLATION...............................
10 PRIOR SERIOUS FELONY.......................................
11 PRIOR CAPITAL FELONY.......................................
12 FIREARM OR SEMIAUTOMATIC WEAPON............................
13 SUBTOTAL........
14
15 PRISON RELEASEE REOFFENDER (no)(yes).......................
16 VIOLENT CAREER CRIMINAL (no)(yes)..........................
17 HABITUAL VIOLENT OFFENDER (no)(yes)........................
18 HABITUAL OFFENDER (no)(yes)................................
19 DRUG TRAFFICKER (no)(yes) (x multiplier)...................
20 LAW ENF. PROTECT. (no)(yes) (x multiplier).................
21 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)...............
22 CRIMINAL STREET GANG OFFENSE MEMBER (no)(yes) (x
23 multiplier)...................................................
24 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD
25 (no)(yes) (x multiplier)......................................
26 ..............................................................
27 TOTAL SENTENCE POINTS........
28
29 (b) WORKSHEET KEY:
30
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 Legal status points are assessed when any form of legal status
2 existed at the time the offender committed an offense before
3 the court for sentencing. Four (4) sentence points are
4 assessed for an offender's legal status.
5
6 Community sanction violation points are assessed when a
7 community sanction violation is before the court for
8 sentencing. Six (6) sentence points are assessed for each
9 community sanction violation, and each successive community
10 sanction violation; however, if the community sanction
11 violation includes a new felony conviction before the
12 sentencing court, twelve (12) community sanction violation
13 points are assessed for such violation, and for each
14 successive community sanction violation involving a new felony
15 conviction. Multiple counts of community sanction violations
16 before the sentencing court shall not be a basis for
17 multiplying the assessment of community sanction violation
18 points.
19
20 Prior serious felony points: If the offender has a primary
21 offense or any additional offense ranked in level 8, level 9,
22 or level 10, and one or more prior serious felonies, a single
23 assessment of 30 points shall be added. For purposes of this
24 section, a prior serious felony is an offense in the
25 offender's prior record that is ranked in level 8, level 9, or
26 level 10 under s. 921.0022 or s. 921.0023 and for which the
27 offender is serving a sentence of confinement, supervision, or
28 other sanction or for which the offender's date of release
29 from confinement, supervision, or other sanction, whichever is
30 later, is within 3 years before the date the primary offense
31 or any additional offense was committed.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1
2 Prior capital felony points: If the offender has one or more
3 prior capital felonies in the offender's criminal record,
4 points shall be added to the subtotal sentence points of the
5 offender equal to twice the number of points the offender
6 receives for the primary offense and any additional offense.
7 A prior capital felony in the offender's criminal record is a
8 previous capital felony offense for which the offender has
9 entered a plea of nolo contendere or guilty or has been found
10 guilty; or a felony in another jurisdiction which is a capital
11 felony in that jurisdiction, or would be a capital felony if
12 the offense were committed in this state.
13
14 Possession of a firearm, semiautomatic firearm, or machine
15 gun: If the offender is convicted of committing or attempting
16 to commit any felony other than those enumerated in s.
17 775.087(2) while having in his or her possession: a firearm as
18 defined in s. 790.001(6), an additional 18 sentence points are
19 assessed; or if the offender is convicted of committing or
20 attempting to commit any felony other than those enumerated in
21 s. 775.087(3) while having in his or her possession a
22 semiautomatic firearm as defined in s. 775.087(3) or a machine
23 gun as defined in s. 790.001(9), an additional 25 sentence
24 points are assessed.
25
26 Sentencing multipliers:
27
28 Drug trafficking: If the primary offense is drug trafficking
29 under s. 893.135, the subtotal sentence points are multiplied,
30 at the discretion of the court, for a level 7 or level 8
31 offense, by 1.5. The state attorney may move the sentencing
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 court to reduce or suspend the sentence of a person convicted
2 of a level 7 or level 8 offense, if the offender provides
3 substantial assistance as described in s. 893.135(4).
4
5 Law enforcement protection: If the primary offense is a
6 violation of the Law Enforcement Protection Act under s.
7 775.0823(2), the subtotal sentence points are multiplied by
8 2.5. If the primary offense is a violation of s. 775.0823(3),
9 (4), (5), (6), (7), or (8), the subtotal sentence points are
10 multiplied by 2.0. If the primary offense is a violation of s.
11 784.07(3) or s. 775.0875(1), or of the Law Enforcement
12 Protection Act under s. 775.0823(9) or (10), the subtotal
13 sentence points are multiplied by 1.5.
14
15 Grand theft of a motor vehicle: If the primary offense is
16 grand theft of the third degree involving a motor vehicle and
17 in the offender's prior record, there are three or more grand
18 thefts of the third degree involving a motor vehicle, the
19 subtotal sentence points are multiplied by 1.5.
20
21 Offense related to a criminal street gang member: If the
22 offender is convicted of the primary offense and committed
23 that offense for the purpose of benefiting, promoting, or
24 furthering the interests of a criminal street gang as
25 prohibited under is found to have been a member of a criminal
26 street gang at the time of the commission of the primary
27 offense pursuant to s. 874.04, the subtotal sentence points
28 are multiplied by 1.5.
29
30 Domestic violence in the presence of a child: If the offender
31 is convicted of the primary offense and the primary offense is
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 276
25-185-00
1 a crime of domestic violence, as defined in s. 741.28, which
2 was committed in the presence of a child under 16 years of age
3 who is a family household member as defined in s. 741.28(2)
4 with the victim or perpetrator, the subtotal sentence points
5 are multiplied by 1.5.
6 Section 5. This act shall take effect July 1, 2000.
7
8 *****************************************
9 SENATE SUMMARY
10 Removes exceptions to certain construction guidelines to
provide that the legislative intent is to convict and
11 sentence a defendant for each criminal offense in the
course of one criminal episode or transaction and not to
12 allow the principle of lenity to determine legislative
intent. Provides for enhanced penalties for the
13 commission of a felony or misdemeanor, or a delinquent
act or violation of law that would be a felony or
14 misdemeanor if committed by an adult, under specified
circumstances when the defendant committed the charged
15 offense for the purpose of benefiting, promoting, or
furthering the interests of a criminal street gang. Ranks
16 under the Criminal Punishment Code the offense of using a
computer to facilitate or solicit sexual conduct of or
17 with a minor. Revises guidelines for applying a specified
sentence multiplier for offenses committed for the
18 purpose of benefiting, promoting, or furthering the
interests of a criminal street gang. (See bill for
19 details.)
20
21
22
23
24
25
26
27
28
29
30
31
15