Senate Bill sb1376

    Florida Senate - 2004                                  SB 1376

    By Senator Haridopolos





    26-940-04

  1                      A bill to be entitled

  2         An act relating to habitual misdemeanor

  3         offenders; creating s. 775.0837, F.S.; defining

  4         the term "habitual misdemeanor offender" to

  5         mean a defendant who has been convicted as an

  6         adult of a certain number of misdemeanors

  7         within a specified period; defining the term

  8         "convicted" for purposes of the act; requiring

  9         the court to sentence a habitual misdemeanor

10         offender to an extended term of imprisonment

11         and providing a minimum mandatory sentence;

12         prohibiting the court from sentencing a

13         defendant as a habitual misdemeanor offender if

14         the defendant is subject to a more severe

15         penalty; providing an effective date.

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

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19         Section 1.  Section 775.0837, Florida Statutes, is

20  created to read:

21         775.0837 Habitual misdemeanor offenders.--

22         (1)  As used in this section, the term:

23         (a)  "Habitual misdemeanor offender" means a defendant

24  who has been convicted of five or more misdemeanors within a

25  12-month period.

26         (b)  "Convicted" means a determination of guilt which

27  is the result of a trial or the entry of a plea of guilty or

28  nolo contendere, regardless of whether adjudication is

29  withheld.

30         (2)  If the court finds that a defendant convicted of a

31  misdemeanor has been convicted, as an adult, of four or more

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    Florida Senate - 2004                                  SB 1376
    26-940-04




 1  additional misdemeanors on separate occasions within the

 2  previous 12-month period, the court shall sentence the

 3  defendant as a habitual misdemeanor offender and impose a term

 4  of imprisonment of not less than 6 months and may impose a

 5  term of imprisonment of up to 1 year. The court may not

 6  sentence a defendant under this subsection if the current

 7  offense is reclassified as a felony as a result of prior

 8  qualifying misdemeanors.

 9         Section 2.  This act shall take effect July 1, 2004.

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12                          SENATE SUMMARY

13    Defines the terms "habitual misdemeanor offender" and
      "convicted." Requires the trial court to sentence a
14    habitual misdemeanor offender to an extended term of
      imprisonment of up to 1 year. Provides for a minimum
15    mandatory sentence of 6 months. Prohibits the trial court
      from sentencing a defendant as a habitual misdemeanor
16    offender if the defendant is subject to a more severe
      penalty as a result of the reclassification of the
17    qualifying offense.

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