Senate Bill sb2552

    Florida Senate - 2004                                  SB 2552

    By Senator Villalobos





    38-1323-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to adjudication of guilt;

  3         creating s. 775.08435, F.S.; prohibiting the

  4         withholding of adjudication of guilt upon

  5         defendants in felony cases in certain

  6         circumstances; providing exceptions; repealing

  7         Rule 3.670, Florida Rules of Criminal

  8         Procedure, relating to rendition of judgment,

  9         to the extent of inconsistency with the act;

10         providing for applicability; providing an

11         effective date.

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

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15         Section 1.  Section 775.08435, Florida Statutes, is

16  created to read:

17         775.08435  Prohibition on withholding adjudication in

18  felony cases.--

19         (1)  The court may not withhold adjudication of guilt

20  upon the defendant for any felony offense if the defendant has

21  a prior withhold of adjudication for a felony that did not

22  arise from the same transaction as the current felony offense

23  unless the date of the prior withhold of adjudication was more

24  than 5 years prior to the date of the commission of the

25  current felony offense, the defendant has not been adjudicated

26  guilty of any felony since the prior withhold of adjudication,

27  and:

28         (a)  The state attorney requests that adjudication be

29  withheld; or

30         (b)  The court gives the state attorney and defense

31  counsel adequate notice of its intention to withhold

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






    Florida Senate - 2004                                  SB 2552
    38-1323-04                                              See HB




 1  adjudication of guilt and makes written findings setting forth

 2  specific facts supporting its conclusion that failure to

 3  withhold adjudication would cause manifest injustice.

 4         (2)  The court may not withhold adjudication of guilt

 5  for any felony if the defendant has two or more prior

 6  withholds of adjudication for felony offenses that did not

 7  arise from the same transaction as the current felony offense.

 8         Section 2.  Rule 3.670, Florida Rules of Criminal

 9  Procedure, is repealed to the extent that it is inconsistent

10  with the provisions of this act.

11         Section 3.  This act shall take effect July 1, 2004,

12  except that the repeal of Rule 3.670, Florida Rules of

13  Criminal Procedure, shall take effect only if this act is

14  passed by an affirmative vote of two-thirds of each house of

15  the Legislature.

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