| 1 | A bill to be entitled |
| 2 | An act relating to drug offenses; amending s. 893.13, |
| 3 | F.S.; requiring a mandatory minimum sentence of |
| 4 | imprisonment for certain third or subsequent felony |
| 5 | offenses; amending s. 893.135, F.S.; providing for |
| 6 | aggregation of amounts of controlled substances in certain |
| 7 | circumstances for offenses involving trafficking; amending |
| 8 | s. 903.047, F.S.; requiring persons charged with specified |
| 9 | felony drug crimes who are seeking pretrial release on |
| 10 | bond to make specified showings as to the source and |
| 11 | legitimacy of funds and the surety's purpose and |
| 12 | intentions; amending s. 903.0471, F.S.; requiring that a |
| 13 | defendant on pretrial release for a felony drug offense |
| 14 | who is subsequently arrested for a new felony drug offense |
| 15 | must be returned to custody and must show that he is not a |
| 16 | danger to the community in order to be released again; |
| 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. Subsection (12) is added to section 893.13, |
| 22 | Florida Statutes, to read: |
| 23 | 893.13 Prohibited acts; penalties.-- |
| 24 | (12) Notwithstanding any provision of the sentencing |
| 25 | guidelines or the Criminal Punishment Code to the contrary, any |
| 26 | defendant who has twice previously been convicted of any |
| 27 | combination of felony violations under this chapter, each of |
| 28 | which involved the sale, delivery, cultivation, or manufacture |
| 29 | of any controlled substance; the possession with the intent to |
| 30 | sell, deliver, cultivate, or manufacture any controlled |
| 31 | substance; or the trafficking of any controlled substance, who |
| 32 | is convicted of another such felony offense under this chapter, |
| 33 | except for a new trafficking offense under s. 893.135, shall be |
| 34 | sentenced to serve a minimum term of imprisonment of 36 months |
| 35 | or the term of imprisonment required under the Criminal |
| 36 | Punishment Code, whichever is greater. If the third or |
| 37 | subsequent conviction under this subsection is for a trafficking |
| 38 | offense under s. 893.135, sentencing shall proceed under that |
| 39 | section. |
| 40 | Section 2. Subsection (8) is added to section 893.135, |
| 41 | Florida Statutes, to read: |
| 42 | 893.135 Trafficking; mandatory sentences; suspension or |
| 43 | reduction of sentences; conspiracy to engage in trafficking.-- |
| 44 | (8) Amounts of controlled substances sold, purchased, |
| 45 | manufactured, delivered, brought into the state, or actually or |
| 46 | constructively possessed by a specific person in a series of |
| 47 | violations of this chapter committed pursuant to one scheme or |
| 48 | course of conduct extending over a period of no more than 90 |
| 49 | days may be aggregated in determining whether the weight |
| 50 | thresholds for offenses in this section have been met or |
| 51 | exceeded. |
| 52 | Section 3. Subsection (2) of section 903.047, Florida |
| 53 | Statutes, is renumbered as subsection (3), and a new subsection |
| 54 | (2) is added to said section, to read: |
| 55 | 903.047 Conditions of pretrial release.-- |
| 56 | (2) As a condition of pretrial release on appearance or |
| 57 | criminal surety bond of any person charged with a felony |
| 58 | violation under chapter 893, the court shall require that the |
| 59 | defendant prove by a preponderance of the evidence: |
| 60 | (a) The source and legitimacy of any funds intended to be |
| 61 | used to obtain his or her release. |
| 62 | (b) When the defendant's release is to be guaranteed by |
| 63 | criminal surety bond, the surety's purpose and intention to |
| 64 | secure the appearance of the defendant to answer charges. |
| 65 | Section 4. Section 903.0471, Florida Statutes, is amended |
| 66 | to read: |
| 67 | 903.0471 Violation of condition of pretrial release.-- |
| 68 | (1) Notwithstanding s. 907.041, a court may, on its own |
| 69 | motion, revoke pretrial release and order pretrial detention if |
| 70 | the court finds probable cause to believe that the defendant |
| 71 | committed a new crime while on pretrial release. |
| 72 | (2) Notwithstanding s. 907.041, when a defendant has been |
| 73 | granted pretrial release on a charge of any felony violation of |
| 74 | chapter 893 and is subsequently arrested for a new charge of a |
| 75 | felony violation of chapter 893, the court shall revoke his or |
| 76 | her existing pretrial release and the defendant shall be |
| 77 | returned to custody on the pending charges. The defendant will |
| 78 | not be eligible for pretrial release on the subsequent charge |
| 79 | until an evidentiary hearing is held. At such hearing for |
| 80 | pretrial release on the subsequent charge, the burden shall fall |
| 81 | upon the defendant to prove by a preponderance of the evidence |
| 82 | that his or her release would not be a danger to the community. |
| 83 | Section 5. This act shall take effect October 1, 2005. |