Senate Bill sb1376c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1376
By the Committee on Criminal Justice; and Senator Haridopolos
307-1630-04
1 A bill to be entitled
2 An act relating to habitual misdemeanor
3 offenders; creating s. 775.0837, F.S.; defining
4 terms; providing for sentencing a habitual
5 misdemeanor offender, as specified; providing
6 penalties; providing a sentencing exception;
7 providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Section 775.0837, Florida Statutes, is
12 created to read:
13 775.0837 Habitual misdemeanor offender; definitions;
14 penalties.--
15 (1) As used in this section, the term:
16 (a) "Convicted" means a determination of guilt which
17 is the result of a trial or the entry of a plea of guilty or
18 nolo contendere, regardless of whether adjudication is
19 withheld.
20 (b) "Habitual misdemeanor offender" means a defendant
21 before the court for sentencing for a misdemeanor who has been
22 convicted, as an adult, of four or more misdemeanor offenses,
23 which:
24 1. In relation to each other and the misdemeanor
25 before the court for sentencing, are separate offenses that
26 are not part of the same criminal transaction or episode; and
27 2. Were committed within 1 year of the date the
28 misdemeanor before the court for sentencing was committed.
29 (c) "Imprisonment" means incarceration in a county
30 jail operated by the county or a private vendor or a state
31 correctional facility operated by the Department of
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1376
307-1630-04
1 Corrections or a private vendor, including private
2 correctional facilities contracted by the state.
3 (2) If the court finds that a defendant before the
4 court for sentencing for a misdemeanor is a habitual
5 misdemeanor offender, the court shall sentence the defendant
6 as a habitual misdemeanor offender and impose one of the
7 following sentences:
8 (a) A term of imprisonment of not less than 6 months
9 and may impose a term of imprisonment of up to 1 year;
10 (b) Commitment to a secure residential treatment
11 program for not less than 6 months, but not to exceed 364
12 days, if the residential treatment program is operated by the
13 county or a private vendor with which the county has
14 contracted to operate such program; or
15 (c) Detention for not less than 6 months, but not to
16 exceed 364 days, to a designated residence, if the detention
17 is supervised or monitored by the county or by a private
18 vendor with which the county has contracted to supervise or
19 monitor the detention.
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21 The court may not sentence a defendant under this subsection
22 if the misdemeanor offense before the court for sentencing has
23 been reclassified as a felony as a result of any prior
24 qualifying misdemeanor.
25 Section 2. This act shall take effect July 1, 2004.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1376
307-1630-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1376
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4 - Provides that a defendant is a "habitual misdemeanor
offender" if: the current offense is a misdemeanor; there
5 are four or more prior convictions, as an adult, for a
misdemeanor; all qualifying offenses were committed
6 within a 1 year period; and all qualifying offenses are
separate offenses that are not part of the same criminal
7 transaction or episode.
8 - Provides for the following additional sentencing options:
commitment to a secure residential treatment program for
9 not less than 6 months, but not to exceed 364 days, if
the residential treatment program is operated by the
10 county or a private vendor the county has contracted with
to operate such program; or detention for not less than 6
11 months, but not to exceed 364 days, to a designated
residence, if the detention is supervised or monitored by
12 the county or by a private vendor the county has
contracted with to supervise or monitor the detention.
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- Defines the term "imprisonment."
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CODING: Words stricken are deletions; words underlined are additions.