| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to adjudication of guilt; creating s. |
| 7 | 775.08435, F.S.; prohibiting the withholding of |
| 8 | adjudication of guilt upon defendants in felony cases in |
| 9 | certain circumstances; providing exceptions; providing for |
| 10 | appellate review in certain circumstances; amending s. |
| 11 | 924.07, F.S.; providing for the state's right to appeal |
| 12 | the withholding of adjudication in certain circumstances; |
| 13 | repealing Rule 3.670, Florida Rules of Criminal Procedure, |
| 14 | relating to rendition of judgment, to the extent of |
| 15 | inconsistency with the act; providing for applicability; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 775.08435, Florida Statutes, is created |
| 21 | to read: |
| 22 | 775.08435 Prohibition on withholding adjudication in |
| 23 | felony cases.-- |
| 24 | (1) Notwithstanding the provisions of s. 948.01, the court |
| 25 | may not withhold adjudication of guilt upon the defendant for: |
| 26 | (a) Any capital, life, or first degree felony offense. |
| 27 | (b) A second degree felony offense unless: |
| 28 | 1. The state attorney requests in writing that |
| 29 | adjudication be withheld; or |
| 30 | 2. The court makes written findings that the withholding |
| 31 | of adjudication is reasonably justified based on circumstances |
| 32 | or factors in accordance with those set forth in s. 921.0026. |
| 33 |
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| 34 | Notwithstanding any provision of this section, no adjudication |
| 35 | of guilt shall be withheld for a second degree felony offense if |
| 36 | the defendant has a prior withholding of adjudication for a |
| 37 | felony that did not arise from the same transaction as the |
| 38 | current felony offense. |
| 39 | (c) A third degree felony offense if the defendant has a |
| 40 | prior withholding of adjudication for a felony offense that did |
| 41 | not arise from the same transaction as the current felony |
| 42 | offense unless: |
| 43 | 1. The state attorney requests in writing that |
| 44 | adjudication be withheld; or |
| 45 | 2. The court makes written findings that the withholding |
| 46 | of adjudication is reasonably justified based on circumstances |
| 47 | or factors in accordance with those set forth in s. 921.0026. |
| 48 |
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| 49 | Notwithstanding any provision of this section, no adjudication |
| 50 | of guilt shall be withheld for a third degree felony offense if |
| 51 | the defendant has two or more prior withholdings of adjudication |
| 52 | for a felony that did not arise from the same transaction as the |
| 53 | current felony offense. |
| 54 | (2) This section does not apply to any adjudication or |
| 55 | withholding of adjudication under chapter 985. |
| 56 | (3) The withholding of adjudication in violation of this |
| 57 | section is subject to appellate review under chapter 924. |
| 58 | Section 2. Paragraph (m) is added to subsection (1) of |
| 59 | section 924.07, Florida Statutes, to read: |
| 60 | 924.07 Appeal by state.-- |
| 61 | (1) The state may appeal from: |
| 62 | (m) An order withholding adjudication of guilt in |
| 63 | violation of s. 775.08435. |
| 64 | Section 3. Rule 3.670, Florida Rules of Criminal |
| 65 | Procedure, is repealed to the extent that it is inconsistent |
| 66 | with the provisions of this act. |
| 67 | Section 4. This act shall take effect July 1, 2004, except |
| 68 | that the repeal of Rule 3.670, Florida Rules of Criminal |
| 69 | Procedure, shall take effect only if this act is passed by an |
| 70 | affirmative vote of two-thirds of each house of the Legislature. |