1 | The Committee on Public Safety & Crime Prevention recommends the |
2 | following: |
3 |
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4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to adjudication of guilt; creating s. |
8 | 775.08435, F.S.; prohibiting the withholding of |
9 | adjudication of guilt upon defendants in felony cases in |
10 | certain circumstances; providing exceptions; providing for |
11 | appellate review in certain circumstances; amending s. |
12 | 924.07, F.S.; providing for the state's right to appeal |
13 | the withholding of adjudication in certain circumstances; |
14 | repealing Rule 3.670, Florida Rules of Criminal Procedure, |
15 | relating to rendition of judgment, to the extent of |
16 | inconsistency with the act; providing for applicability; |
17 | providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 775.08435, Florida Statutes, is created |
22 | to read: |
23 | 775.08435 Prohibition on withholding adjudication in |
24 | felony cases.--Notwithstanding the provisions of s. 948.01, the |
25 | court may not withhold adjudication of guilt upon the defendant |
26 | for: |
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 |
30 | adjudication be withheld; or |
31 | 2. The court makes written findings that the withholding |
32 | of adjudication is reasonably justified based on circumstances |
33 | or factors in accordance with those set forth in s. 921.0026. |
34 | (b) A second degree felony offense if the defendant has a |
35 | prior withholding of adjudication for a felony that did not |
36 | arise from the same transaction as the current felony offense. |
37 | (3)(a) A third degree felony offense if the defendant has |
38 | a prior withholding of adjudication for a felony offense that |
39 | did not arise from the same transaction as the current felony |
40 | offense unless: |
41 | 1. The state attorney requests in writing that |
42 | adjudication be withheld; or |
43 | 2. The court makes written findings that the withholding |
44 | of adjudication is reasonably justified based on circumstances |
45 | or factors in accordance with those set forth in s. 921.0026. |
46 | (b) A third degree felony offense if the defendant has two |
47 | or more prior withholdings of adjudication for felony offenses |
48 | that did not arise from the same transaction as the current |
49 | felony offense. |
50 |
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51 | This section does not apply to any adjudication or withholding |
52 | of adjudication under chapter 985. The withholding of |
53 | adjudication in violation of this section is subject to |
54 | appellate review under chapter 924. |
55 | Section 2. Paragraph (m) is added to subsection (1) of |
56 | section 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 |
60 | violation of s. 775.08435. |
61 | Section 3. Rule 3.670, Florida Rules of Criminal |
62 | Procedure, is repealed to the extent that it is inconsistent |
63 | with the provisions of this act. |
64 | Section 4. This act shall take effect July 1, 2004, except |
65 | that the repeal of Rule 3.670, Florida Rules of Criminal |
66 | Procedure, shall take effect only if this act is passed by an |
67 | affirmative vote of two-thirds of each house of the Legislature. |