Senate Bill sb0676e1
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SB 676 First Engrossed (ntc)
1 A bill to be entitled
2 An act relating to sentencing; amending s.
3 775.082, F.S.; redefining the term "prison
4 releasee reoffender" to include a defendant who
5 commits certain felonies within a specified
6 period after being released from a correctional
7 institution outside the state or while escaped
8 from a correctional institution outside the
9 state; providing requirements for sentencing a
10 defendant if the state attorney proves by a
11 preponderance of the evidence that the
12 defendant is a prison releasee reoffender;
13 providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (a) of subsection (9) of section
18 775.082, Florida Statutes, is amended to read:
19 775.082 Penalties; applicability of sentencing
20 structures; mandatory minimum sentences for certain
21 reoffenders previously released from prison.--
22 (9)(a)1. "Prison releasee reoffender" means any
23 defendant who commits, or attempts to commit:
24 a. Treason;
25 b. Murder;
26 c. Manslaughter;
27 d. Sexual battery;
28 e. Carjacking;
29 f. Home-invasion robbery;
30 g. Robbery;
31 h. Arson;
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SB 676 First Engrossed (ntc)
1 i. Kidnapping;
2 j. Aggravated assault with a deadly weapon;
3 k. Aggravated battery;
4 l. Aggravated stalking;
5 m. Aircraft piracy;
6 n. Unlawful throwing, placing, or discharging of a
7 destructive device or bomb;
8 o. Any felony that involves the use or threat of
9 physical force or violence against an individual;
10 p. Armed burglary;
11 q. Burglary of a dwelling or burglary of an occupied
12 structure or dwelling; or
13 r. Any felony violation of s. 790.07, s. 800.04, s.
14 827.03, or s. 827.071;
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16 within 3 years after of being released from a state
17 correctional facility operated by the Department of
18 Corrections or a private vendor or within 3 years after being
19 released from a correctional institution of another state, the
20 District of Columbia, the United States, any possession or
21 territory of the United States, or any foreign jurisdiction,
22 following incarceration for an offense for which the sentence
23 is punishable by more than 1 year in this state.
24 2. "Prison releasee reoffender" also means any
25 defendant who commits or attempts to commit any offense listed
26 in subparagraph (a)1.a.-r. while the defendant was serving a
27 prison sentence or on escape status from a state correctional
28 facility operated by the Department of Corrections or a
29 private vendor or while the defendant was on escape status
30 from a correctional institution of another state, the District
31 of Columbia, the United States, any possession or territory of
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CODING: Words stricken are deletions; words underlined are additions.
SB 676 First Engrossed (ntc)
1 the United States, or any foreign jurisdiction, following
2 incarceration for an offense for which the sentence is
3 punishable by more than 1 year in this state.
4 3. If the state attorney determines that a defendant
5 is a prison releasee reoffender as defined in subparagraph 1.,
6 the state attorney may seek to have the court sentence the
7 defendant as a prison releasee reoffender. Upon proof from the
8 state attorney that establishes by a preponderance of the
9 evidence that a defendant is a prison releasee reoffender as
10 defined in this section, such defendant is not eligible for
11 sentencing under the sentencing guidelines and must be
12 sentenced as follows:
13 a. For a felony punishable by life, by a term of
14 imprisonment for life;
15 b. For a felony of the first degree, by a term of
16 imprisonment of 30 years;
17 c. For a felony of the second degree, by a term of
18 imprisonment of 15 years; and
19 d. For a felony of the third degree, by a term of
20 imprisonment of 5 years.
21 Section 2. This act shall take effect July 1, 2001.
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