Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2622
                        Barcode 261678
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: WD              .                    
       04/20/2006 09:57 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Judiciary (Villalobos) recommended the
12  following amendment:
13  
14         Senate Amendment 
15         On page 8, line 16, through
16            page 10, line 19, delete those lines
17  
18  and insert:  
19  
20  Community sanction violation points are assessed when a
21  community sanction violation is before the court for
22  sentencing. Six (6) sentence points are assessed for each
23  community sanction violation, and each successive community
24  sanction violation, unless any of the following apply:;
25  however,
26         1.  If the community sanction violation includes a new
27  felony conviction before the sentencing court, twelve (12)
28  community sanction violation points are assessed for the such
29  violation, and for each successive community sanction
30  violation involving a new felony conviction.
31         2.  If the community sanction violation is committed by
                                  1
    4:46 PM   04/17/06                             s2622b-ju38-c8y

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2622 Barcode 261678 1 a violent felony offender of special concern as defined in s. 2 948.06, but does not include a new felony conviction, twelve 3 (12) community sanction violation points are assessed for the 4 violation and for each successive community sanction violation 5 not involving a new felony conviction. 6 3. If the community sanction violation is committed by 7 a violent felony offender of special concern as defined in s. 8 948.06, and includes a new felony conviction before the 9 sentencing court, twenty-four (24) community sanction 10 violation points are assessed for the violation and for each 11 successive community sanction violation involving a new felony 12 conviction. 13 Multiple counts of community sanction violations before 14 the sentencing court shall not be a basis for multiplying the 15 assessment of community sanction violation points. 16 17 Prior serious felony points: If the offender has a primary 18 offense or any additional offense ranked in level 8, level 9, 19 or level 10, and one or more prior serious felonies, a single 20 assessment of thirty (30) 30 points shall be added. For 21 purposes of this section, a prior serious felony is an offense 22 in the offender's prior record that is ranked in level 8, 23 level 9, or level 10 under s. 921.0022 or s. 921.0023 and for 24 which the offender is serving a sentence of confinement, 25 supervision, or other sanction or for which the offender's 26 date of release from confinement, supervision, or other 27 sanction, whichever is later, is within 3 years before the 28 date the primary offense or any additional offense was 29 committed. 30 31 Prior capital felony points: If the offender has one or more 2 4:46 PM 04/17/06 s2622b-ju38-c8y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2622 Barcode 261678 1 prior capital felonies in the offender's criminal record, 2 points shall be added to the subtotal sentence points of the 3 offender equal to twice the number of points the offender 4 receives for the primary offense and any additional offense. A 5 prior capital felony in the offender's criminal record is a 6 previous capital felony offense for which the offender has 7 entered a plea of nolo contendere or guilty or has been found 8 guilty; or a felony in another jurisdiction which is a capital 9 felony in that jurisdiction, or would be a capital felony if 10 the offense were committed in this state. 11 12 Possession of a firearm, semiautomatic firearm, or machine 13 gun: If the offender is convicted of committing or attempting 14 to commit any felony other than those enumerated in s. 15 775.087(2) while having in his or her possession: a firearm as 16 defined in s. 790.001(6), an additional eighteen (18) 18 17 sentence points are assessed; or if the offender is convicted 18 of committing or attempting to commit any felony other than 19 those enumerated in s. 775.087(3) while having in his or her 20 possession a semiautomatic firearm as defined in s. 775.087(3) 21 or a machine gun as defined in s. 790.001(9), an additional 22 twenty-five (25) 25 sentence points are assessed. 23 24 25 26 27 28 29 30 31 3 4:46 PM 04/17/06 s2622b-ju38-c8y