Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 783074
CHAMBER ACTION
Senate House
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05/03/2007 04:25 PM .
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11 Senator Storms moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, lines 6-9, delete those lines
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16 and insert:
17 b. For a life felony committed on or after July 1,
18 2007, which is a person's second or subsequent violation of s.
19 800.04(5)(b), by a term of imprisonment for life.
20 Section 2. Section 794.0115, Florida Statutes, is
21 amended to read:
22 794.0115 Dangerous sexual felony offender; mandatory
23 sentencing.--
24 (1) This section may be cited as the "Dangerous Sexual
25 Felony Offender Act."
26 (2) Any person who is convicted of a violation of s.
27 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
28 796.03; s. 794.065(1); s. 800.04(4), or (5), (6)(b), or
29 (7)(c); s. 825.1025(2), or (3), or (4); s. 827.071(2), (3), or
30 (4), or (5); or s. 847.0145; or of any similar offense under a
31 former designation, which offense the person committed when he
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 783074
1 or she was 18 years of age or older, and the person:
2 (a) Caused serious personal injury to the victim as a
3 result of the commission of the offense;
4 (b) Used or threatened to use a deadly weapon during
5 the commission of the offense;
6 (c) Victimized more than one person during the course
7 of the criminal episode applicable to the offense;
8 (d) Committed the offense while under the jurisdiction
9 of a court for a felony offense under the laws of this state,
10 for an offense that is a felony in another jurisdiction, or
11 for an offense that would be a felony if that offense were
12 committed in this state; or
13 (e) Has previously been convicted of a violation of s.
14 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
15 796.03; s. 794.065(1); s. 800.04(4), or (5), (6)(b), or
16 (7)(c); s. 825.1025(2), or (3), or (4); s. 827.071(2), (3), or
17 (4), or (5); s. 847.0145; of any offense under a former
18 statutory designation which is similar in elements to an
19 offense described in this paragraph; or of any offense that is
20 a felony in another jurisdiction, or would be a felony if that
21 offense were committed in this state, and which is similar in
22 elements to an offense described in this paragraph,
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24 is a dangerous sexual felony offender, who must be sentenced
25 to a mandatory minimum term of 25 years imprisonment up to,
26 and including, life imprisonment.
27 (3)(a) Any person who:
28 1. Is convicted of a violation of s. 787.025(2)(c); s.
29 794.011(2), (3), (4), (5), or (8); s. 796.03; s. 794.065(1);
30 s. 800.04(4), (5), (6)(b), or (7)(c); s. 825.1025(2), (3), or
31 (4); s. 827.071(2), (3), (4), or (5); or s. 847.0145 and was
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 783074
1 18 years of age or older at the time of the offense; and
2 2. Has been twice previously been convicted of a
3 violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5),
4 or (8); s. 796.03; s. 794.065(1); s. 800.04(4),(5), (6)(b), or
5 (7)(c); s. 825.1025(2), (3) or (4); s. 827.071(2), (3), (4) or
6 (5); or s. 847.0145,
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8 must be sentenced to a mandatory minimum term of life
9 imprisonment.
10 (b) For purposes of this subsection, any offense
11 listed in this subsection includes any offense under a former
12 designation which is similar in elements to an offense
13 described in this subsection and any offense that is a felony
14 in another jurisdiction, or would be a felony if that offense
15 were committed in this state, and that is similar in elements
16 to an offense described in this subsection.
17 (4)(3) "Serious personal injury" means great bodily
18 harm or pain, permanent disability, or permanent
19 disfigurement.
20 (5)(4) The offense described in subsection (2) or
21 subsection (3) which is being charged must have been committed
22 after the date of commission of the last prior conviction for
23 an offense that is a prior conviction described in paragraph
24 (2)(e) or subsection (3).
25 (6)(5) It is irrelevant that a factor listed in
26 subsection (2) is an element of an offense described in that
27 subsection. It is also irrelevant that such an offense was
28 reclassified to a higher felony degree under s. 794.023 or any
29 other law.
30 (7)(6) Notwithstanding s. 775.082(3), chapter 958, any
31 other law, or any interpretation or construction thereof, a
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 783074
1 person subject to sentencing under this section must be
2 sentenced to the mandatory term of imprisonment provided under
3 this section. If the mandatory minimum term of imprisonment
4 imposed under this section exceeds the maximum sentence
5 authorized under s. 775.082, s. 775.084, or chapter 921, the
6 mandatory minimum term of imprisonment under this section must
7 be imposed. If the mandatory minimum term of imprisonment
8 under this section is less than the sentence that could be
9 imposed under s. 775.082, s. 775.084, or chapter 921, the
10 sentence imposed must include the mandatory minimum term of
11 imprisonment under this section.
12 (8)(7) A defendant sentenced to a mandatory minimum
13 term of imprisonment under this section is not eligible for
14 statutory gain-time under s. 944.275 or any form of
15 discretionary early release, other than pardon or executive
16 clemency, or conditional medical release under s. 947.149,
17 before serving the minimum sentence.
18 Section 3. Section 775.0847, Florida Statutes, is
19 created to read:
20 775.0847 Sexual offenses; reclassification.--
21 (1) The penalty for any misdemeanor or felony under s.
22 794.075, s. 800.02, s. 800.03, s. 810.14, s. 810.145, or s.
23 877.26 shall be reclassified, and the offender subject to an
24 enhanced penalty, as follows:
25 (a) If the offender has previously been convicted of a
26 violation of s. 794.075, s. 800.02, s. 800.03, s. 810.14, s.
27 810.145, or s. 877.26, the offense shall be reclassified as a
28 felony of the third degree.
29 (b) If the offender has twice previously been
30 convicted of a violation of s. 794.075, s. 800.02, s. 800.03,
31 s. 810.14, s. 810.145, or s. 877.26, the offense shall be
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 783074
1 reclassified as a felony of the second degree and the offender
2 must be sentenced to a minimum mandatory term of imprisonment
3 of 5 years.
4 (c) If the offender has previously been convicted of a
5 violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5),
6 or (8); s. 794.065(1); s. 796.03; s. 800.04(4), (5), (6)(b),
7 or (7)(c); s. 825.1025(2), (3), or (4); s. 827.071(2), (3),
8 (4), or (5); or s. 847.0145, the offense shall be reclassified
9 as a second degree felony and the offender must be sentenced
10 to a minimum mandatory term of imprisonment of 5 years.
11 (2) For purposes of this section, any offense listed
12 in this section includes any offense under a former
13 designation which is similar in elements to an offense
14 described in this section and any offense that is a
15 misdemeanor or felony in another jurisdiction, or would be a
16 misdemeanor or felony if that offense were committed in this
17 state, and that is similar in elements to an offense described
18 in this section.
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20 (Redesignate subsequent sections.)
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, lines 3 and 4, delete those lines
26
27 and insert:
28 775.082, F.S.; requiring life sentences for
29 certain second or subsequent offenders;
30 amending s. 794.0115, F.S.; adding offenses to
31 dangerous sexual felony offender law; requiring
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2544
Barcode 783074
1 mandatory minimum life sentences for certain
2 offenders; creating s. 775.0847, F.S.;
3 providing enhanced penalties for certain sexual
4 offenses; providing mandatory minimum
5 sentences;
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