HB 1797

1
A bill to be entitled
2An act relating to habitual misdemeanor offenders;
3creating s. 775.0837, F.S.; providing definitions;
4specifying alternatives for sentencing a habitual
5misdemeanor offender; providing that such alternatives are
6imprisonment, commitment, or detention; specifying a
7minimum and maximum time period for such alternatives;
8providing criminal penalties; limiting the applicability
9of the sentencing alternatives; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 775.0837, Florida Statutes, is created
15to read:
16     775.0837  Habitual misdemeanor offenders.--
17     (1)  As used in this section, the term:
18     (a)  "Convicted" means a determination of guilt which is
19the result of a trial or the entry of a plea of guilty or nolo
20contendere, regardless of whether adjudication is withheld.
21     (b)  "Habitual misdemeanor offender" means a defendant who
22is before the court for sentencing for a specified misdemeanor
23offense and who has previously been convicted, as an adult, of
24four or more specified misdemeanor offenses which meet the
25following criteria:
26     1.  The offenses, in relation to each other and the
27misdemeanor before the court for sentencing, are separate
28offenses that are not part of the same criminal transaction or
29episode.
30     2.  The offenses were committed within 1 year of the date
31that the misdemeanor before the court for sentencing was
32committed.
33     (c)  "Specified misdemeanor offense" means those
34misdemeanor offenses described in chapter 741, chapter 784,
35chapter 790, chapter 796, chapter 800, chapter 806, chapter 810,
36chapter 812, chapter 817, chapter 831, chapter 832, chapter 843,
37chapter 856, chapter 893, or chapter 901.
38     (d)  "Imprisonment" means incarceration in a county jail
39operated by the county or a private vendor.
40     (2)  If the court finds that a defendant before the court
41for sentencing for a misdemeanor is a habitual misdemeanor
42offender, the court shall sentence the defendant as a habitual
43misdemeanor offender and impose one of the following sentences:
44     (a)  A term of imprisonment of not less than 6 months, but
45not to exceed 1 year;
46     (b)  Commitment to a residential treatment program for not
47less than 6 months, but not to exceed 364 days, provided that
48the treatment program is operated by the county or a private
49vendor with which the county has contracted to operate such
50program, or by a private vendor under contract with the state or
51licensed by the state to operate such program or other
52community-based treatment program or a combination of
53residential and community-based program; or
54     (c)  Detention for not less than 6 months, but not to
55exceed 364 days, to a designated residence, if the detention is
56supervised or monitored by the county or by a private vendor
57with which the county has contracted to supervise or monitor the
58detention.
59
60The court may not sentence a defendant under this subsection if
61the misdemeanor offense before the court for sentencing has been
62reclassified as a felony as a result of any prior qualifying
63misdemeanor.
64     Section 2.  This act shall take effect upon becoming a law.


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