Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2622
Barcode 261678
CHAMBER ACTION
Senate House
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04/20/2006 09:57 AM .
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11 The Committee on Judiciary (Villalobos) recommended the
12 following amendment:
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14 Senate Amendment
15 On page 8, line 16, through
16 page 10, line 19, delete those lines
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18 and insert:
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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
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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.
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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.
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31 Prior capital felony points: If the offender has one or more
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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.
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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.
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