| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
|
| 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 |
|
| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
|
| 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 |
|
| 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. |