HB 0869CS

CHAMBER ACTION




1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to adjudication of guilt; creating s.
8775.08435, F.S.; prohibiting the withholding of
9adjudication of guilt upon defendants in felony cases in
10certain circumstances; providing exceptions; providing for
11appellate review in certain circumstances; amending s.
12924.07, F.S.; providing for the state's right to appeal
13the withholding of adjudication in certain circumstances;
14repealing Rule 3.670, Florida Rules of Criminal Procedure,
15relating to rendition of judgment, to the extent of
16inconsistency with the act; providing for applicability;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 775.08435, Florida Statutes, is created
22to read:
23     775.08435  Prohibition on withholding adjudication in
24felony cases.--Notwithstanding the provisions of s. 948.01, the
25court may not withhold adjudication of guilt upon the defendant
26for:
27     (1)  Any capital, life, or first degree felony offense.
28     (2)(a)  A second degree felony offense unless:
29     1.  The state attorney requests in writing that
30adjudication be withheld; or
31     2.  The court makes written findings that the withholding
32of adjudication is reasonably justified based on circumstances
33or factors in accordance with those set forth in s. 921.0026.
34     (b)  A second degree felony offense if the defendant has a
35prior withholding of adjudication for a felony that did not
36arise from the same transaction as the current felony offense.
37     (3)(a)  A third degree felony offense if the defendant has
38a prior withholding of adjudication for a felony offense that
39did not arise from the same transaction as the current felony
40offense unless:
41     1.  The state attorney requests in writing that
42adjudication be withheld; or
43     2.  The court makes written findings that the withholding
44of adjudication is reasonably justified based on circumstances
45or factors in accordance with those set forth in s. 921.0026.
46     (b)  A third degree felony offense if the defendant has two
47or more prior withholdings of adjudication for felony offenses
48that did not arise from the same transaction as the current
49felony offense.
50
51This section does not apply to any adjudication or withholding
52of adjudication under chapter 985. The withholding of
53adjudication in violation of this section is subject to
54appellate review under chapter 924.
55     Section 2.  Paragraph (m) is added to subsection (1) of
56section 924.07, Florida Statutes, to read:
57     924.07  Appeal by state.--
58     (1)  The state may appeal from:
59     (m)  An order withholding adjudication of guilt in
60violation of s. 775.08435.
61     Section 3.  Rule 3.670, Florida Rules of Criminal
62Procedure, is repealed to the extent that it is inconsistent
63with the provisions of this act.
64     Section 4.  This act shall take effect July 1, 2004, except
65that the repeal of Rule 3.670, Florida Rules of Criminal
66Procedure, shall take effect only if this act is passed by an
67affirmative vote of two-thirds of each house of the Legislature.


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