Amendment
Bill No. 0146
Amendment No. 212453
CHAMBER ACTION
Senate House
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1Representatives Thurston and Gibbons offered the following:
2
3     Amendment
4     On page 3, line 8, through page 12, line 27, remove all of
5said lines and insert:
6fines or make restitution payments or for technical violations.
7     Section 3.  Subsection (4) of section 948.06, Florida
8Statutes, is amended, and subsection (8) is added to that
9section, to read:
10     948.06  Violation of probation or community control;
11revocation; modification; continuance; failure to pay
12restitution or cost of supervision.--
13     (4)  Notwithstanding any other provision of this section, a
14felony probationer or an offender in community control who is
15arrested for violating his or her probation or community control
16in a material respect may be taken before the court in the
17county or circuit in which the probationer or offender was
18arrested. That court shall advise him or her of the such charge
19of a violation and, if such charge is admitted, shall cause him
20or her to be brought before the court that which granted the
21probation or community control. If the such violation is not
22admitted by the probationer or offender, the court may commit
23him or her or release him or her with or without bail to await
24further hearing. However, if the probationer or offender is
25under supervision for any criminal offense proscribed in chapter
26794, s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
27registered sexual predator or a registered sexual offender, or
28is under supervision for a criminal offense for which he or she
29would meet the registration criteria in s. 775.21, s. 943.0435,
30or s. 944.607 but for the effective date of those sections, the
31court must make a finding that the probationer or offender is
32not a danger to the public prior to release with or without
33bail. In determining the danger posed by the offender's or
34probationer's release, the court may consider the nature and
35circumstances of the violation and any new offenses charged; the
36offender's or probationer's past and present conduct, including
37convictions of crimes; any record of arrests without conviction
38for crimes involving violence or sexual crimes; any other
39evidence of allegations of unlawful sexual conduct or the use of
40violence by the offender or probationer; the offender's or
41probationer's family ties, length of residence in the community,
42employment history, and mental condition; his or her history and
43conduct during the probation or community control supervision
44from which the violation arises and any other previous
45supervisions, including disciplinary records of previous
46incarcerations; the likelihood that the offender or probationer
47will engage again in a criminal course of conduct; the weight of
48the evidence against the offender or probationer; and any other
49facts the court considers relevant. The court, as soon as is
50practicable, shall give the probationer or offender an
51opportunity to be fully heard on his or her behalf in person or
52by counsel. After the such hearing, the court shall make
53findings of fact and forward the findings to the court that
54which granted the probation or community control and to the
55probationer or offender or his or her attorney. The findings of
56fact by the hearing court are binding on the court that which
57granted the probation or community control. Upon the probationer
58or offender being brought before it, the court that which
59granted the probation or community control may revoke, modify,
60or continue the probation or community control or may place the
61probationer into community control as provided in this section.
62However, the probationer or offender shall not be released and
63shall not be admitted to bail, but shall be brought before the
64court that granted the probation or community control if any
65violation of felony probation or community control other than a
66failure to pay costs or fines or make restitution payments or
67for technical violations is alleged to have been committed by:
68     (a)  A violent felony offender of special concern, as
69defined in this section;
70     (b)  A person who is on felony probation or community
71control for any offense committed on or after the effective date
72of this act and who is arrested for a qualifying offense as
73defined in this section; or
74     (c)  A person who is on felony probation or community
75control and has previously been found by a court to be a
76habitual violent felony offender as defined in s. 775.084(1)(b),
77a three-time violent felony offender as defined in s.
78775.084(1)(c), or a sexual predator under s. 775.21, and who is
79arrested for committing a qualifying offense as defined in this
80section on or after the effective date of this act.
81     (8)(a)  In addition to complying with the provisions of
82subsections (1)-(7), this subsection provides further
83requirements regarding a probationer or offender in community
84control who is a violent felony offender of special concern. The
85provisions of this subsection shall control over any conflicting
86provisions in subsections (1)-(7). For purposes of this
87subsection, the term "convicted" means a determination of guilt
88which is the result of a trial or the entry of a plea of guilty
89or nolo contendere, regardless of whether adjudication is
90withheld.
91     (b)  For purposes of this section and ss. 903.0351,
92948.064, and 921.0024, the term "violent felony offender of
93special concern" means a person who is on:
94     1.  Felony probation or community control related to the
95commission of a qualifying offense committed on or after the
96effective date of this act;
97     2.  Felony probation or community control for any offense
98committed on or after the effective date of this act, and has
99previously been convicted of a qualifying offense;
100     3.  Felony probation or community control for any offense
101committed on or after the effective date of this act, and is
102found to have violated that probation or community control by
103committing a qualifying offense;
104     4.  Felony probation or community control and has
105previously been found by a court to be a habitual violent felony
106offender as defined in s. 775.084(1)(b) and has committed a
107qualifying offense on or after the effective date of this act;
108     5.  Felony probation or community control and has
109previously been found by a court to be a three-time violent
110felony offender as defined in s. 775.084(1)(c) and has committed
111a qualifying offense on or after the effective date of this act;
112or
113     6.  Felony probation or community control and has
114previously been found by a court to be a sexual predator under
115s. 775.21 and has committed a qualifying offense on or after the
116effective date of this act.
117     (c)  For purposes of this section, the term "qualifying
118offense" means any of the following:
119     1.  Kidnapping or attempted kidnapping under s. 787.01,
120false imprisonment of a child under the age of 13 under s.
121787.02(3), or luring or enticing a child under s. 787.025(2)(b)
122or (c).
123     2.  Murder or attempted murder under s. 782.04, attempted
124felony murder under s. 782.051, or manslaughter under s. 782.07.
125     3.  Aggravated battery or attempted aggravated battery
126under s. 784.045.
127     4.  Sexual battery or attempted sexual battery under s.
128794.011(2), (3), (4), or (8)(b) or (c).
129     5.  Lewd or lascivious battery or attempted lewd or
130lascivious battery under s. 800.04(4), lewd or lascivious
131molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
132conduct under s. 800.04(6)(b), or lewd or lascivious exhibition
133under s. 800.04(7)(c).
134     6.  Robbery or attempted robbery under s. 812.13,
135carjacking or attempted carjacking under s. 812.133, or home
136invasion robbery or attempted home invasion robbery under s.
137812.135.
138     7.  Lewd or lascivious offense upon or in the presence of
139an elderly or disabled person or attempted lewd or lascivious
140offense upon or in the presence of an elderly or disabled person
141under s. 825.1025.
142     8.  Sexual performance by a child or attempted sexual
143performance by a child under s. 827.071.
144     9.  Computer pornography under s. 847.0135(2) or (3),
145transmission of child pornography under s. 847.0137, or selling
146or buying of minors under s. 847.0145.
147     10.  Poisoning food or water under s. 859.01.
148     11.  Abuse of a dead human body under s. 872.06.
149     12.  Any burglary offense or attempted burglary offense
150that is either a first-degree felony or second-degree felony
151under s. 810.02(2) or (3).
152     13.  Arson or attempted arson under s. 806.01(1).
153     14.  Aggravated assault under s. 784.021.
154     15.  Aggravated stalking under s. 784.048(3), (4), (5), or
155(7).
156     16.  Aircraft piracy under s. 860.16.
157     17.  Unlawful throwing, placing, or discharging of a
158destructive device or bomb under s. 790.161(2), (3), or (4).
159     18.  Treason under s. 876.32.
160     19.  Any offense committed in another jurisdiction which
161would be an offense listed in this paragraph if that offense had
162been committed in this state.
163     (d)  In the case of an alleged violation of probation or
164community control other than a failure to pay costs, fines, or
165restitution, or for technical violations, the following
166individuals shall remain in custody pending the resolution of
167the probation or community control violation:
168     1.  A violent felony offender of special concern, as
169defined in this section;
170     2.  A person who is on felony probation or community
171control for any offense committed on or after the effective date
172of this act and who is arrested for a qualifying offense as
173defined in this section; or
174     3.  A person who is on felony probation or community
175control and has previously been found by a court to be a
176habitual violent felony offender as defined in s. 775.084(1)(b),
177a three-time violent felony offender as defined in s.
178775.084(1)(c), or a sexual predator under s. 775.21, and who is
179arrested for committing a qualifying offense as defined in this
180section on or after the effective date of this act.
181
182The court shall not dismiss the probation or community control
183violation warrant pending against an offender enumerated in this
184paragraph without holding a recorded violation-of-probation
185hearing at which both the state and the offender are
186represented.
187     (e)  If the court, after conducting the hearing required by
188paragraph (d), determines that a violent felony offender of
189special concern has committed a violation of probation or
190community control other than a failure to pay costs, fines, or
191restitution, or for technical violations, the court shall:
192     1.  Make written findings as to whether or not the violent
193felony offender of special concern poses a danger to the
194community. In determining the danger to the community posed by
195the offender's release, the court shall base its findings on one
196or more of the following:
197     a.  The nature and circumstances of the violation and any
198new offenses charged.
199     b.  The offender's present conduct, including criminal
200convictions.
201     c.  The offender's amenability to nonincarcerative
202sanctions based on his or her history and conduct during the
203probation or community control supervision from which the
204violation hearing arises and any other previous supervisions,
205including disciplinary records of previous incarcerations.
206     d.  The weight of the evidence against the offender.
207     e.  Any other facts the court considers relevant.
208     2.  Decide whether to revoke the probation or community
209control.
210     a.  If the court has found that a violent felony offender
211of special concern poses a danger to the community, the court
212shall revoke probation and shall sentence the offender up to the
213statutory maximum, or longer if permitted by law.
214     b.  If the court has found that a violent felony offender
215of special concern does not pose a danger to the community, the
216court may revoke, modify, or continue the probation or community
217control or may place the probationer into community control as
218provided in this section.
219     Section 4.  Section 948.064, Florida Statutes, is created
220to read:
221     948.064  Notification of status as a violent felony
222offender of special concern.--
223     (1)  To facilitate the information available to the court
224at first appearance hearings and at all subsequent hearings for
225"violent felony offenders of special concern," as defined in s.
226948.06, the Department of Corrections shall, no later than
227October 1, 2007, develop a system for identifying the offenders
228in the department's database and post on the Department of Law
229Enforcement's Criminal Justice Intranet a listing of all
230"violent felony offenders of special concern" who are under
231community supervision.
232     (2)  The county where the arrested person is booked shall
233provide the following information to the court at the time of
234the first appearance:
235     (a)  State and national criminal history information;
236     (b)  All criminal justice information available in the
237Florida Crime Information Center and the National Crime
238Information Center; and
239     (c)  Notice that the arrested person meets the requirement
240for restrictions on pretrial release pending the probation-
241violation hearing or community-control-violation hearing in s.
242903.0351(1)(b).
243     (3)  The courts shall assist the department's dissemination
244of critical information by creating and maintaining an automated
245system to provide the information as specified in this section
246to the court with the jurisdiction to conduct the hearings.
247     (4)  The state attorney, or the statewide prosecutor if
248applicable, shall advise the court at each critical stage in the
249judicial process, at which the state attorney or statewide
250prosecutor is represented, whether an alleged or convicted
251offender is a violent felony offender of special concern; a
252person who is on felony probation or community control for any
253offense committed on or after the effective date of this act and
254who is arrested for a qualifying offense; or a person who is on
255felony probation or community control and has previously been
256found by a court to be a habitual violent felony offender as
257defined in s. 775.084(1)(b), a three-time violent felony
258offender as defined in s. 775.084(1)(c), or a sexual predator
259under s. 775.21, and who is arrested for committing a qualifying
260offense on or after the effective date of this act.
261     Section 5.  Paragraph (b) of subsection (1) of section
262921.0024, Florida Statutes, is amended to read:
263     921.0024  Criminal Punishment Code; worksheet computations;
264scoresheets.--
265     (1)
266
(b)  WORKSHEET KEY:
267
268Legal status points are assessed when any form of legal status
269existed at the time the offender committed an offense before the
270court for sentencing. Four (4) sentence points are assessed for
271an offender's legal status.
272
273Community sanction violation points are assessed when a
274community sanction violation is before the court for sentencing.  
275Six (6) sentence points are assessed for each community sanction
276violation, and each successive community sanction violation,
277unless any of the following apply:; however,
278     1.  If the community sanction violation includes a new
279felony conviction before the sentencing court, twelve (12)
280community sanction violation points are assessed for the such
281violation, and for each successive community sanction violation
282involving a new felony conviction.
283     2.  If the community sanction violation is committed by a
284violent felony offender of special concern as defined in s.
285948.06:
286     a.  Twelve (12) community sanction violation points are
287assessed for the violation and for each successive violation of
288felony probation or community control where:
289     (I)  The violation does not include a new felony
290conviction; and
291     (II)  The community sanction violation is not based solely
292on the probationer or offender's failure to pay costs or fines
293or make restitution payments or for technical violations.


CODING: Words stricken are deletions; words underlined are additions.