Senate Bill sb1196c2

    Florida Senate - 2001                    CS for CS for SB 1196

    By the Committees on Appropriations, Criminal Justice and
    Senators Smith and Crist




    309-1895-01

  1                      A bill to be entitled

  2         An act relating to sentencing; amending ss.

  3         921.002, 921.0024, F.S.; providing for the

  4         state attorney and the defendant to waive

  5         preparation of the scoresheet and for the judge

  6         to proceed with sentencing; requiring that the

  7         scoresheet be submitted to the judge within a

  8         specified period following sentencing; deleting

  9         a requirement that the Department of

10         Corrections prepare a defendant's sentencing

11         scoresheet under certain circumstances;

12         providing an effective date.

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

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16         Section 1.  Subsection (2) of section 921.002, Florida

17  Statutes, is amended to read:

18         921.002  The Criminal Punishment Code.--The Criminal

19  Punishment Code shall apply to all felony offenses, except

20  capital felonies, committed on or after October 1, 1998.

21         (2)  When a defendant is before the court for

22  sentencing for more than one felony and the felonies were

23  committed under more than one version or revision of the

24  former sentencing guidelines or the code, each felony shall be

25  sentenced under the guidelines or the code in effect at the

26  time the particular felony was committed. As provided in s.

27  921.0024(3), the state attorney and the defendant may waive

28  the presentence preparation of a scoresheet regardless of

29  whether it is prepared under the former sentencing guidelines

30  or under the criminal punishment code, and the judge may

31  proceed to sentence the defendant. If preparation of the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1196
    309-1895-01




  1  scoresheet is waived, the state attorney must prepare the

  2  defendant's scoresheet and submit it to the sentencing judge

  3  within 14 days after the defendant is sentenced. This

  4  subsection does not apply to sentencing for any capital

  5  felony.

  6         Section 2.  Subsection (3) of section 921.0024, Florida

  7  Statutes, is amended to read:

  8         921.0024  Criminal Punishment Code; worksheet

  9  computations; scoresheets.--

10         (3)  A single scoresheet shall be prepared for each

11  defendant to determine the permissible range for the sentence

12  that the court may impose, except that if the defendant is

13  before the court for sentencing for more than one felony and

14  the felonies were committed under more than one version or

15  revision of the guidelines or the code, separate scoresheets

16  must be prepared. The scoresheet or scoresheets must cover all

17  the defendant's offenses pending before the court for

18  sentencing. Either The office of the state attorney or the

19  Department of Corrections, or both where appropriate, shall

20  prepare the scoresheet or scoresheets, which must be presented

21  to the defense counsel for review for accuracy in all cases

22  unless the judge directs otherwise. The state attorney and the

23  defendant may waive the presentence preparation of the

24  scoresheet and the sentencing judge may proceed to sentence

25  the defendant. If preparation of the scoresheet is waived, the

26  state attorney must prepare the defendant's scoresheet and

27  submit it to the sentencing judge within 14 days after the

28  defendant is sentenced. The defendant's scoresheet or

29  scoresheets must be approved and signed by the sentencing

30  judge.

31         Section 3.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                    CS for CS for SB 1196
    309-1895-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 1196

  3

  4  Clarifies that a judge may sentence a felony defendant without
    a sentencing scoresheet(s) if the state attorney and defendant
  5  agree to waive the presentence preparation of the
    scoresheet(s), regardless of whether the defendant is
  6  sentenced under the former sentencing guidelines or the
    criminal punishment code.
  7
    Removes language allowing the Department of Corrections to
  8  prepare sentencing scoresheets in order to be consistent with
    budget reductions contained in SB 2000, 1st Engrossed (the
  9  General Appropriations Act for FY01-02).

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CODING: Words stricken are deletions; words underlined are additions.