Senate Bill 0394
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Florida Senate - 2000 SB 394
By Senator Klein
28-224A-00
1 A bill to be entitled
2 An act relating to sentencing; amending s.
3 874.04, F.S.; providing for enhanced penalties
4 for the commission of a felony or misdemeanor,
5 or a delinquent act or violation of law which
6 would be a felony or misdemeanor if committed
7 by an adult, under specified circumstances when
8 the defendant committed the charged offense for
9 the purpose of benefiting, promoting, or
10 furthering the interest of a criminal street
11 gang and with the specific intent of promoting,
12 furthering the interests of, or assisting in
13 criminal conduct by a criminal street gang
14 member; amending s. 921.0024, F.S., relating to
15 the Criminal Punishment Code worksheet
16 computations and scoresheets; revising
17 guidelines for applying a specified sentence
18 multiplier for offenses committed for the
19 purpose of benefiting, promoting, or furthering
20 the interests of a criminal street gang;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. 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 benefiting, promoting, or furthering the interests is a member
31 of a criminal street gang, and with the specific intent of
1
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Florida Senate - 2000 SB 394
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1 promoting, furthering the interests of, or assisting in
2 criminal conduct by a criminal street gang member, the penalty
3 for any felony or misdemeanor, or any delinquent act or
4 violation of law which would be a felony or misdemeanor if
5 committed by an adult, may be enhanced if the offender was a
6 member of a criminal street gang at the time of the commission
7 of such offense. Each of the findings required as a basis for
8 such sentence must shall be found by a preponderance of the
9 evidence. The enhancement 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.
2
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Florida Senate - 2000 SB 394
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1 Section 2. Subsection (1) of section 921.0024, Florida
2 Statutes, is amended to read:
3 921.0024 Criminal Punishment Code; worksheet
4 computations; scoresheets.--
5 (1)(a) The Criminal Punishment Code worksheet is used
6 to compute the subtotal and total sentence points as follows:
7
8 FLORIDA CRIMINAL PUNISHMENT CODE
9 WORKSHEET
10
11 OFFENSE SCORE
12
13 Primary Offense
14 Level Sentence Points Total
15 ..............................................................
16 10 116 = ....
17 9 92 = ....
18 8 74 = ....
19 7 56 = ....
20 6 36 = ....
21 5 28 = ....
22 4 22 = ....
23 3 16 = ....
24 2 10 = ....
25 1 4 = ....
26
27 ..............................................................
28 Total
29
30
31
3
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Florida Senate - 2000 SB 394
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1 Additional Offenses
2 Level Sentence Points Counts Total
3 ..............................................................
4 10 58 x .... = ....
5 9 46 x .... = ....
6 8 37 x .... = ....
7 7 28 x .... = ....
8 6 18 x .... = ....
9 5 5.4 x .... = ....
10 4 3.6 x .... = ....
11 3 2.4 x .... = ....
12 2 1.2 x .... = ....
13 1 0.7 x .... = ....
14 M 0.2 x .... = ....
15
16 ..............................................................
17 Total
18
19 Victim Injury
20 Level Sentence Points Number Total
21 ..............................................................
22 2nd degree
23 murder-
24 death 240 x .... = ....
25 Death 120 x .... = ....
26 Severe 40 x .... = ....
27 Moderate 18 x .... = ....
28 Slight 4 x .... = ....
29 Sexual
30 penetration 80 x .... = ....
31
4
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Florida Senate - 2000 SB 394
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1 Sexual
2 contact 40 x .... = ....
3
4 ..............................................................
5 Total
6
7 Primary Offense + Additional Offenses + Victim Injury =
8 TOTAL OFFENSE SCORE
9
10 PRIOR RECORD SCORE
11
12 Prior Record
13 Level Sentence Points Number Total
14 ..............................................................
15 10 29 x .... = ....
16 9 23 x .... = ....
17 8 19 x .... = ....
18 7 14 x .... = ....
19 6 9 x .... = ....
20 5 3.6 x .... = ....
21 4 2.4 x .... = ....
22 3 1.6 x .... = ....
23 2 0.8 x .... = ....
24 1 0.5 x .... = ....
25 M 0.2 x .... = ....
26
27 ..............................................................
28 Total
29
30 TOTAL OFFENSE SCORE........................................
31 TOTAL PRIOR RECORD SCORE...................................
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1
2 LEGAL STATUS...............................................
3 COMMUNITY SANCTION VIOLATION...............................
4 PRIOR SERIOUS FELONY.......................................
5 PRIOR CAPITAL FELONY.......................................
6 FIREARM OR SEMIAUTOMATIC WEAPON............................
7 SUBTOTAL........
8
9 PRISON RELEASEE REOFFENDER (no)(yes).......................
10 VIOLENT CAREER CRIMINAL (no)(yes)..........................
11 HABITUAL VIOLENT OFFENDER (no)(yes)........................
12 HABITUAL OFFENDER (no)(yes)................................
13 DRUG TRAFFICKER (no)(yes) (x multiplier)...................
14 LAW ENF. PROTECT. (no)(yes) (x multiplier).................
15 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)...............
16 CRIMINAL STREET GANG OFFENSE MEMBER (no)(yes) (x
17 multiplier)...................................................
18 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD
19 (no)(yes) (x multiplier)......................................
20 ..............................................................
21 TOTAL SENTENCE POINTS........
22
23 (b) WORKSHEET KEY:
24
25 Legal status points are assessed when any form of legal status
26 existed at the time the offender committed an offense before
27 the court for sentencing. Four (4) sentence points are
28 assessed for an offender's legal status.
29
30 Community sanction violation points are assessed when a
31 community sanction violation is before the court for
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1 sentencing. Six (6) sentence points are assessed for each
2 community sanction violation, and each successive community
3 sanction violation; however, if the community sanction
4 violation includes a new felony conviction before the
5 sentencing court, twelve (12) community sanction violation
6 points are assessed for such violation, and for each
7 successive community sanction violation involving a new felony
8 conviction. Multiple counts of community sanction violations
9 before the sentencing court shall not be a basis for
10 multiplying the assessment of community sanction violation
11 points.
12
13 Prior serious felony points: If the offender has a primary
14 offense or any additional offense ranked in level 8, level 9,
15 or level 10, and one or more prior serious felonies, a single
16 assessment of 30 points shall be added. For purposes of this
17 section, a prior serious felony is an offense in the
18 offender's prior record that is ranked in level 8, level 9, or
19 level 10 under s. 921.0022 or s. 921.0023 and for which the
20 offender is serving a sentence of confinement, supervision, or
21 other sanction or for which the offender's date of release
22 from confinement, supervision, or other sanction, whichever is
23 later, is within 3 years before the date the primary offense
24 or any additional offense was committed.
25
26 Prior capital felony points: If the offender has one or more
27 prior capital felonies in the offender's criminal record,
28 points shall be added to the subtotal sentence points of the
29 offender equal to twice the number of points the offender
30 receives for the primary offense and any additional offense.
31 A prior capital felony in the offender's criminal record is a
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Florida Senate - 2000 SB 394
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1 previous capital felony offense for which the offender has
2 entered a plea of nolo contendere or guilty or has been found
3 guilty; or a felony in another jurisdiction which is a capital
4 felony in that jurisdiction, or would be a capital felony if
5 the offense were committed in this state.
6
7 Possession of a firearm, semiautomatic firearm, or machine
8 gun: If the offender is convicted of committing or attempting
9 to commit any felony other than those enumerated in s.
10 775.087(2) while having in his or her possession: a firearm as
11 defined in s. 790.001(6), an additional 18 sentence points are
12 assessed; or if the offender is convicted of committing or
13 attempting to commit any felony other than those enumerated in
14 s. 775.087(3) while having in his or her possession a
15 semiautomatic firearm as defined in s. 775.087(3) or a machine
16 gun as defined in s. 790.001(9), an additional 25 sentence
17 points are assessed.
18
19 Sentencing multipliers:
20
21 Drug trafficking: If the primary offense is drug trafficking
22 under s. 893.135, the subtotal sentence points are multiplied,
23 at the discretion of the court, for a level 7 or level 8
24 offense, by 1.5. The state attorney may move the sentencing
25 court to reduce or suspend the sentence of a person convicted
26 of a level 7 or level 8 offense, if the offender provides
27 substantial assistance as described in s. 893.135(4).
28
29 Law enforcement protection: If the primary offense is a
30 violation of the Law Enforcement Protection Act under s.
31 775.0823(2), the subtotal sentence points are multiplied by
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Florida Senate - 2000 SB 394
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1 2.5. If the primary offense is a violation of s. 775.0823(3),
2 (4), (5), (6), (7), or (8), the subtotal sentence points are
3 multiplied by 2.0. If the primary offense is a violation of s.
4 784.07(3) or s. 775.0875(1), or of the Law Enforcement
5 Protection Act under s. 775.0823(9) or (10), the subtotal
6 sentence points are multiplied by 1.5.
7
8 Grand theft of a motor vehicle: If the primary offense is
9 grand theft of the third degree involving a motor vehicle and
10 in the offender's prior record, there are three or more grand
11 thefts of the third degree involving a motor vehicle, the
12 subtotal sentence points are multiplied by 1.5.
13
14 Offense related to a criminal street gang member: If the
15 offender is convicted of the primary offense and committed
16 that offense for the purpose of benefiting, promoting, or
17 furthering the interests of a criminal street gang and with
18 the specific intent of promoting, furthering the interests of,
19 or assisting in criminal conduct by a criminal street gang
20 member, as prohibited under is found to have been a member of
21 a criminal street gang at the time of the commission of the
22 primary offense pursuant to s. 874.04, the subtotal sentence
23 points are multiplied by 1.5.
24
25 Domestic violence in the presence of a child: If the offender
26 is convicted of the primary offense and the primary offense is
27 a crime of domestic violence, as defined in s. 741.28, which
28 was committed in the presence of a child under 16 years of age
29 who is a family household member as defined in s. 741.28(2)
30 with the victim or perpetrator, the subtotal sentence points
31 are multiplied by 1.5.
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Florida Senate - 2000 SB 394
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1 Section 3. This act shall take effect July 1, 2000.
2
3 *****************************************
4 SENATE SUMMARY
5 Provides for enhanced penalties for the commission of a
felony or misdemeanor, or a delinquent act or violation
6 of law which would be a felony or misdemeanor if
committed by an adult, under specified circumstances when
7 the defendant committed the charged offense for the
purpose of benefiting, promoting, or furthering the
8 interests of a criminal street gang and with the specific
intent of promoting, furthering the interests of, or
9 assisting in criminal conduct by a criminal street gang
member. Revises guidelines for applying a specified
10 sentence multiplier for offenses committed for the
purpose of benefiting, promoting, or furthering the
11 interests of a criminal street gang. (See bill for
details.)
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