| 1 | A bill to be entitled |
| 2 | An act relating to forcible felony violators; creating s. |
| 3 | 903.0351, F.S.; denying bail to forcible felony violators |
| 4 | in certain circumstances; amending s. 948.06, F.S.; |
| 5 | providing definitions; providing that forcible felony |
| 6 | violators shall remain in custody pending the resolution |
| 7 | of the probation or community control violation hearings; |
| 8 | providing for hearings to determine the nature and |
| 9 | probability of any danger that forcible felony violators |
| 10 | pose to the community; amending s. 921.0024, F.S.; |
| 11 | revising Criminal Punishment Code computations to provide |
| 12 | additional community sanction violation points when a |
| 13 | community sanction violation is committed by a forcible |
| 14 | felony violator; reenacting ss. 948.012(2)(b), 948.10(9), |
| 15 | and 958.14, F.S., relating to split sentence of probation |
| 16 | or community control and imprisonment, community control |
| 17 | programs, and violation of probation or community control |
| 18 | program, respectively, to incorporate the amendments to s. |
| 19 | 948.06, F.S., in references thereto; providing |
| 20 | applicability; providing an effective date. |
| 21 |
|
| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
|
| 24 | Section 1. Section 903.0351, Florida Statutes, is created |
| 25 | to read: |
| 26 | 903.0351 Bail not permitted for forcible felony |
| 27 | violators.--A forcible felony violator as defined in s. |
| 28 | 948.06(8) shall not be granted bail or any form of pretrial |
| 29 | release prior to the resolution of the probation or community |
| 30 | control violation hearing, unless the violation charge or arrest |
| 31 | is based solely on failure to pay costs, fines, or restitution |
| 32 | payments. |
| 33 | Section 2. Subsections (8) and (9) are added to section |
| 34 | 948.06, Florida Statutes, to read: |
| 35 | 948.06 Violation of probation or community control; |
| 36 | revocation; modification; continuance; failure to pay |
| 37 | restitution or cost of supervision.-- |
| 38 | (8) For purposes of this section, a "forcible felony |
| 39 | violator" is a person who: |
| 40 | (a) Violates one of the following provisions: |
| 41 | 1. Any forcible felony as defined in s. 776.08; |
| 42 | 2. Any attempt of a forcible felony as defined in s. |
| 43 | 776.08; |
| 44 | 3. Aggravated stalking as defined in s. 784.048(3); |
| 45 | 4. Any offense under chapter 794 related to sexual |
| 46 | battery; or |
| 47 | 5. Any offense under s. 800.04; and |
| 48 | (b) Is presently on probation or community control for an |
| 49 | offense described in paragraph (a); |
| 50 | (c) Has previously been convicted, regardless of a |
| 51 | withholding of adjudication or suspended entry of sentence, of |
| 52 | an offense described in paragraph (a); or |
| 53 | (d) Is presently facing violation of a probation or |
| 54 | community control based on an allegation that he or she |
| 55 | committed an offense described in paragraph (a). |
| 56 | (9) In the case of a violation arising from any ground |
| 57 | other than failure to pay costs, fines, or restitution payments, |
| 58 | a forcible felony violator shall remain in custody pending the |
| 59 | resolution of the probation or community control violation |
| 60 | hearing. The court may not dismiss the probation or community |
| 61 | control violation warrant pending against the forcible felony |
| 62 | violator without holding a recorded hearing at which both the |
| 63 | state and the violator are represented. If the court determines |
| 64 | that a forcible felony violator has violated any nonmonetary |
| 65 | terms of probation or community control, the court shall impose |
| 66 | sanctions provided in s. 921.0024(1)(b). Before any nonprison |
| 67 | sentence is lawfully imposed, the court must hold a Danger to |
| 68 | the Community hearing to determine the nature and probability of |
| 69 | any danger that the forcible felony violator poses to the |
| 70 | community. If the court determines, by a preponderance of the |
| 71 | evidence, that a forcible felony violator poses a danger to the |
| 72 | community, the court shall sentence the violator according to s. |
| 73 | 921.0024(1)(b) up to and including the statutory maximum and |
| 74 | shall neither consider the mitigating circumstances provided in |
| 75 | s. 921.0026 nor depart downward from the sentencing guidelines. |
| 76 | If the court finds, or the state stipulates, that the release of |
| 77 | the forcible felony violator does not pose a danger to the |
| 78 | community, the court may sentence the forcible felony violator |
| 79 | according to s. 921.0024(1)(b) and consider any mitigating |
| 80 | circumstances provided in s. 921.0026. If after a Danger to the |
| 81 | Community hearing the court finds that the forcible felony |
| 82 | violator does not pose a danger to the community, the court |
| 83 | shall enter a written order stating its findings. |
| 84 | Section 3. Paragraph (b) of subsection (1) of section |
| 85 | 921.0024, Florida Statutes, is amended to read: |
| 86 | 921.0024 Criminal Punishment Code; worksheet computations; |
| 87 | scoresheets.-- |
| 88 | (1) |
| 89 | (b) WORKSHEET KEY: |
| 90 |
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| 91 | Legal status points are assessed when any form of legal status |
| 92 | existed at the time the offender committed an offense before the |
| 93 | court for sentencing. Four (4) sentence points are assessed for |
| 94 | an offender's legal status. |
| 95 |
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| 96 | Community sanction violation points are assessed when a |
| 97 | community sanction violation is before the court for sentencing. |
| 98 | Six (6) sentence points are assessed for each community sanction |
| 99 | violation, and each successive community sanction violation, |
| 100 | unless any of the following apply:; however, |
| 101 | 1. If the community sanction violation includes a new |
| 102 | felony conviction before the sentencing court, twelve (12) |
| 103 | community sanction violation points are assessed for the such |
| 104 | violation, and for each successive community sanction violation |
| 105 | involving a new felony conviction. |
| 106 | 2. If the community sanction violation is committed by a |
| 107 | forcible felony violator as defined in s. 948.06(8), twenty-four |
| 108 | (24) community sanction violation points are assessed for the |
| 109 | violation, and for each successive community sanction violation |
| 110 | involving a new felony conviction. |
| 111 |
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| 112 | Multiple counts of community sanction violations before the |
| 113 | sentencing court shall not be a basis for multiplying the |
| 114 | assessment of community sanction violation points. |
| 115 |
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| 116 | Prior serious felony points: If the offender has a primary |
| 117 | offense or any additional offense ranked in level 8, level 9, or |
| 118 | level 10, and one or more prior serious felonies, a single |
| 119 | assessment of 30 points shall be added. For purposes of this |
| 120 | section, a prior serious felony is an offense in the offender's |
| 121 | prior record that is ranked in level 8, level 9, or level 10 |
| 122 | under s. 921.0022 or s. 921.0023 and for which the offender is |
| 123 | serving a sentence of confinement, supervision, or other |
| 124 | sanction or for which the offender's date of release from |
| 125 | confinement, supervision, or other sanction, whichever is later, |
| 126 | is within 3 years before the date the primary offense or any |
| 127 | additional offense was committed. |
| 128 |
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| 129 | Prior capital felony points: If the offender has one or more |
| 130 | prior capital felonies in the offender's criminal record, points |
| 131 | shall be added to the subtotal sentence points of the offender |
| 132 | equal to twice the number of points the offender receives for |
| 133 | the primary offense and any additional offense. A prior capital |
| 134 | felony in the offender's criminal record is a previous capital |
| 135 | felony offense for which the offender has entered a plea of nolo |
| 136 | contendere or guilty or has been found guilty; or a felony in |
| 137 | another jurisdiction which is a capital felony in that |
| 138 | jurisdiction, or would be a capital felony if the offense were |
| 139 | committed in this state. |
| 140 |
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| 141 | Possession of a firearm, semiautomatic firearm, or machine gun: |
| 142 | If the offender is convicted of committing or attempting to |
| 143 | commit any felony other than those enumerated in s. 775.087(2) |
| 144 | while having in his or her possession: a firearm as defined in |
| 145 | s. 790.001(6), an additional 18 sentence points are assessed; or |
| 146 | if the offender is convicted of committing or attempting to |
| 147 | commit any felony other than those enumerated in s. 775.087(3) |
| 148 | while having in his or her possession a semiautomatic firearm as |
| 149 | defined in s. 775.087(3) or a machine gun as defined in s. |
| 150 | 790.001(9), an additional 25 sentence points are assessed. |
| 151 |
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| 152 | Sentencing multipliers: |
| 153 |
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| 154 | Drug trafficking: If the primary offense is drug trafficking |
| 155 | under s. 893.135, the subtotal sentence points are multiplied, |
| 156 | at the discretion of the court, for a level 7 or level 8 |
| 157 | offense, by 1.5. The state attorney may move the sentencing |
| 158 | court to reduce or suspend the sentence of a person convicted of |
| 159 | a level 7 or level 8 offense, if the offender provides |
| 160 | substantial assistance as described in s. 893.135(4). |
| 161 |
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| 162 | Law enforcement protection: If the primary offense is a |
| 163 | violation of the Law Enforcement Protection Act under s. |
| 164 | 775.0823(2), the subtotal sentence points are multiplied by 2.5. |
| 165 | If the primary offense is a violation of s. 775.0823(3), (4), |
| 166 | (5), (6), (7), or (8), the subtotal sentence points are |
| 167 | multiplied by 2.0. If the primary offense is a violation of s. |
| 168 | 784.07(3) or s. 775.0875(1), or of the Law Enforcement |
| 169 | Protection Act under s. 775.0823(9) or (10), the subtotal |
| 170 | sentence points are multiplied by 1.5. |
| 171 |
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| 172 | Grand theft of a motor vehicle: If the primary offense is grand |
| 173 | theft of the third degree involving a motor vehicle and in the |
| 174 | offender's prior record, there are three or more grand thefts of |
| 175 | the third degree involving a motor vehicle, the subtotal |
| 176 | sentence points are multiplied by 1.5. |
| 177 |
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| 178 | Offense related to a criminal street gang: If the offender is |
| 179 | convicted of the primary offense and committed that offense for |
| 180 | the purpose of benefiting, promoting, or furthering the |
| 181 | interests of a criminal street gang as prohibited under s. |
| 182 | 874.04, the subtotal sentence points are multiplied by 1.5. |
| 183 |
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| 184 | Domestic violence in the presence of a child: If the offender is |
| 185 | convicted of the primary offense and the primary offense is a |
| 186 | crime of domestic violence, as defined in s. 741.28, which was |
| 187 | committed in the presence of a child under 16 years of age who |
| 188 | is a family or household member as defined in s. 741.28(3) with |
| 189 | the victim or perpetrator, the subtotal sentence points are |
| 190 | multiplied by 1.5. |
| 191 | Section 4. For the purpose of incorporating the amendment |
| 192 | to section 948.06, Florida Statutes, in a reference thereto, |
| 193 | paragraph (b) of subsection (2) of section 948.012, Florida |
| 194 | Statutes, is reenacted to read: |
| 195 | 948.012 Split sentence of probation or community control |
| 196 | and imprisonment.-- |
| 197 | (2) The court may also impose a split sentence whereby the |
| 198 | defendant is sentenced to a term of probation which may be |
| 199 | followed by a period of incarceration or, with respect to a |
| 200 | felony, into community control, as follows: |
| 201 | (b) If the offender does not meet the terms and conditions |
| 202 | of probation or community control, the court may revoke, modify, |
| 203 | or continue the probation or community control as provided in s. |
| 204 | 948.06. If the probation or community control is revoked, the |
| 205 | court may impose any sentence that it could have imposed at the |
| 206 | time the offender was placed on probation or community control. |
| 207 | The court may not provide credit for time served for any portion |
| 208 | of a probation or community control term toward a subsequent |
| 209 | term of probation or community control. However, the court may |
| 210 | not impose a subsequent term of probation or community control |
| 211 | which, when combined with any amount of time served on preceding |
| 212 | terms of probation or community control for offenses pending |
| 213 | before the court for sentencing, would exceed the maximum |
| 214 | penalty allowable as provided in s. 775.082. Such term of |
| 215 | incarceration shall be served under applicable law or county |
| 216 | ordinance governing service of sentences in state or county |
| 217 | jurisdiction. This paragraph does not prohibit any other |
| 218 | sanction provided by law. |
| 219 | Section 5. For the purpose of incorporating the amendment |
| 220 | to section 948.06, Florida Statutes, in a reference thereto, |
| 221 | subsection (9) of section 948.10, Florida Statutes, is reenacted |
| 222 | to read: |
| 223 | 948.10 Community control programs.-- |
| 224 | (9) Procedures governing violations of community control |
| 225 | shall be the same as those described in s. 948.06 with respect |
| 226 | to probation. |
| 227 | Section 6. For the purpose of incorporating the amendment |
| 228 | to section 948.06, Florida Statutes, in a reference thereto, |
| 229 | section 958.14, Florida Statutes, is reenacted to read: |
| 230 | 958.14 Violation of probation or community control |
| 231 | program.--A violation or alleged violation of probation or the |
| 232 | terms of a community control program shall subject the youthful |
| 233 | offender to the provisions of s. 948.06. However, no youthful |
| 234 | offender shall be committed to the custody of the department for |
| 235 | a substantive violation for a period longer than the maximum |
| 236 | sentence for the offense for which he or she was found guilty, |
| 237 | with credit for time served while incarcerated, or for a |
| 238 | technical or nonsubstantive violation for a period longer than 6 |
| 239 | years or for a period longer than the maximum sentence for the |
| 240 | offense for which he or she was found guilty, whichever is less, |
| 241 | with credit for time served while incarcerated. |
| 242 | Section 7. This act shall take effect July 1, 2005, and |
| 243 | applies to offenses committed on or after that date. |