| 1 | A bill to be entitled |
| 2 | An act relating to violent felony offenders; providing a |
| 3 | short title; creating s. 903.0351, F.S.; prohibiting bail |
| 4 | or other pretrial release for specified violent felony |
| 5 | offenders of special concern and certain arrested persons |
| 6 | pending a probation or community control violation |
| 7 | hearing; providing exceptions; amending s. 948.06, F.S.; |
| 8 | providing definitions; providing that certain alleged |
| 9 | violations of probation or community control by violent |
| 10 | felony offenders of special concern and certain arrested |
| 11 | persons require a hearing and require the alleged |
| 12 | offenders to remain in custody pending hearing; requiring |
| 13 | findings by the court and a decision on revocation of |
| 14 | probation or community control; creating s. 948.064, F.S.; |
| 15 | providing for notification to the criminal justice system |
| 16 | of an offender's status as a violent felony offender of |
| 17 | special concern or other specified offender; amending s. |
| 18 | 921.0024, F.S.; revising the worksheet computations of the |
| 19 | Criminal Punishment Code to provide additional community |
| 20 | sanction violation points for certain community sanction |
| 21 | violations committed by violent felony offenders of |
| 22 | special concern; reenacting ss. 948.012(2)(b), 948.10(9), |
| 23 | and 958.14, F.S., relating to split sentence of probation |
| 24 | or community control and imprisonment, community control |
| 25 | programs, and violation of probation or community control, |
| 26 | respectively, to incorporate the amendment to s. 948.06, |
| 27 | F.S., in references thereto; requiring a report on |
| 28 | implementation of this act; providing for severability; |
| 29 | providing an effective date. |
| 30 |
|
| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
|
| 33 | Section 1. This act may be cited as the "Anti-Murder Act." |
| 34 | Section 2. Section 903.0351, Florida Statutes, is created |
| 35 | to read: |
| 36 | 903.0351 Restrictions on pretrial release pending |
| 37 | probation or community control violation hearing.-- |
| 38 | (1) In the instance of an alleged violation of felony |
| 39 | probation or community control, bail or any other form of |
| 40 | pretrial release shall not be granted prior to the resolution of |
| 41 | the probation or community control violation hearing to: |
| 42 | (a) A violent felony offender of special concern as |
| 43 | defined in s. 948.06; |
| 44 | (b) A person who is on felony probation or community |
| 45 | control for any offense committed on or after the effective date |
| 46 | of this act and who is arrested for a qualifying offense as |
| 47 | defined in s. 948.06(8)(c); or |
| 48 | (c) A person who is on felony probation or community |
| 49 | control and has previously been found by a court to be a |
| 50 | habitual violent felony offender as defined by s. 775.084(1)(b), |
| 51 | a three-time violent felony offender as defined by s. |
| 52 | 775.084(1)(c), or a sexual predator under s. 775.21, and who is |
| 53 | arrested for committing a qualifying offense as defined in s. |
| 54 | 948.06(8)(c) on or after the effective date of this act. |
| 55 | (2) Subsection (1) shall not apply where the alleged |
| 56 | violation of felony probation or community control is based |
| 57 | solely on the probationer's or offender's failure to pay costs |
| 58 | or fines or make restitution payments. |
| 59 | Section 3. Subsection (4) of section 948.06, Florida |
| 60 | Statutes, is amended, and subsection (8) is added to that |
| 61 | section, to read: |
| 62 | 948.06 Violation of probation or community control; |
| 63 | revocation; modification; continuance; failure to pay |
| 64 | restitution or cost of supervision.-- |
| 65 | (4) Notwithstanding any other provision of this section, a |
| 66 | felony probationer or an offender in community control who is |
| 67 | arrested for violating his or her probation or community control |
| 68 | in a material respect may be taken before the court in the |
| 69 | county or circuit in which the probationer or offender was |
| 70 | arrested. That court shall advise him or her of the such charge |
| 71 | of a violation and, if such charge is admitted, shall cause him |
| 72 | or her to be brought before the court that which granted the |
| 73 | probation or community control. If the such violation is not |
| 74 | admitted by the probationer or offender, the court may commit |
| 75 | him or her or release him or her with or without bail to await |
| 76 | further hearing. However, if the probationer or offender is |
| 77 | under supervision for any criminal offense proscribed in chapter |
| 78 | 794, s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a |
| 79 | registered sexual predator or a registered sexual offender, or |
| 80 | is under supervision for a criminal offense for which he or she |
| 81 | would meet the registration criteria in s. 775.21, s. 943.0435, |
| 82 | or s. 944.607 but for the effective date of those sections, the |
| 83 | court must make a finding that the probationer or offender is |
| 84 | not a danger to the public prior to release with or without |
| 85 | bail. In determining the danger posed by the offender's or |
| 86 | probationer's release, the court may consider the nature and |
| 87 | circumstances of the violation and any new offenses charged; the |
| 88 | offender's or probationer's past and present conduct, including |
| 89 | convictions of crimes; any record of arrests without conviction |
| 90 | for crimes involving violence or sexual crimes; any other |
| 91 | evidence of allegations of unlawful sexual conduct or the use of |
| 92 | violence by the offender or probationer; the offender's or |
| 93 | probationer's family ties, length of residence in the community, |
| 94 | employment history, and mental condition; his or her history and |
| 95 | conduct during the probation or community control supervision |
| 96 | from which the violation arises and any other previous |
| 97 | supervisions, including disciplinary records of previous |
| 98 | incarcerations; the likelihood that the offender or probationer |
| 99 | will engage again in a criminal course of conduct; the weight of |
| 100 | the evidence against the offender or probationer; and any other |
| 101 | facts the court considers relevant. The court, as soon as is |
| 102 | practicable, shall give the probationer or offender an |
| 103 | opportunity to be fully heard on his or her behalf in person or |
| 104 | by counsel. After the such hearing, the court shall make |
| 105 | findings of fact and forward the findings to the court that |
| 106 | which granted the probation or community control and to the |
| 107 | probationer or offender or his or her attorney. The findings of |
| 108 | fact by the hearing court are binding on the court that which |
| 109 | granted the probation or community control. Upon the probationer |
| 110 | or offender being brought before it, the court which granted the |
| 111 | probation or community control may revoke, modify, or continue |
| 112 | the probation or community control or may place the probationer |
| 113 | into community control as provided in this section. However, the |
| 114 | probationer or offender shall not be released and shall not be |
| 115 | admitted to bail, but shall be brought before the court that |
| 116 | granted the probation or community control, if any violation of |
| 117 | felony probation or community control other than a failure to |
| 118 | pay costs or fines or make restitution payments is alleged to |
| 119 | have been committed by: |
| 120 | (a) A violent felony offender of special concern, as |
| 121 | defined in this section; |
| 122 | (b) A person who is on felony probation or community |
| 123 | control for any offense committed on or after the effective date |
| 124 | of this act and who is arrested for a qualifying offense as |
| 125 | defined in this section; or |
| 126 | (c) A person who is on felony probation or community |
| 127 | control and has previously been found by a court to be a |
| 128 | habitual violent felony offender as defined by s. 775.084(1)(b), |
| 129 | a three-time violent felony offender as defined by s. |
| 130 | 775.084(1)(c), or a sexual predator under s. 775.21, and who is |
| 131 | arrested for committing a qualifying offense as defined in this |
| 132 | section on or after the effective date of this act. |
| 133 | (8)(a) In addition to complying with the provisions of |
| 134 | subsections (1)-(7), this subsection provides further |
| 135 | requirements regarding a probationer or offender in community |
| 136 | control who is a violent felony offender of special concern. The |
| 137 | provisions of this subsection shall control over any conflicting |
| 138 | provisions in subsections (1)-(7). For purposes of this |
| 139 | subsection, the term "convicted" means that there has been a |
| 140 | determination of guilt which is the result of a trial or the |
| 141 | entry of a plea of guilty or nolo contendere, regardless of |
| 142 | whether adjudication is withheld. |
| 143 | (b) For purposes of this section and ss. 903.0351, |
| 144 | 948.064, and 921.0024, the term "violent felony offender of |
| 145 | special concern" means a person who is on: |
| 146 | 1. Felony probation or community control related to the |
| 147 | commission of a qualifying offense committed on or after the |
| 148 | effective date of this act; |
| 149 | 2. Felony probation or community control for any offense |
| 150 | committed on or after the effective date of this act and has |
| 151 | previously been convicted of a qualifying offense; |
| 152 | 3. Felony probation or community control for any offense |
| 153 | committed on or after the effective date of this act and is |
| 154 | found to have violated that probation or community control by |
| 155 | committing a qualifying offense; |
| 156 | 4. Felony probation or community control and has |
| 157 | previously been found by a court to be a habitual violent felony |
| 158 | offender as defined in s. 775.084(1)(b) and has committed a |
| 159 | qualifying offense on or after the effective date of this act; |
| 160 | 5. Felony probation or community control and has |
| 161 | previously been found by a court to be a three-time violent |
| 162 | felony offender as defined in s. 775.084(1)(c) and has committed |
| 163 | a qualifying offense on or after the effective date of this act; |
| 164 | or |
| 165 | 6. Felony probation or community control and has |
| 166 | previously been found by a court to be a sexual predator under |
| 167 | s. 775.21 and has committed a qualifying offense on or after the |
| 168 | effective date of this act. |
| 169 | (c) For purposes of this section, the term "qualifying |
| 170 | offense" means any of the following: |
| 171 | 1. Kidnapping or attempted kidnapping under s. 787.01, |
| 172 | false imprisonment of a child under the age of 13 under s. |
| 173 | 787.02(3), or luring or enticing a child under s. 787.025(2)(b)_ |
| 174 | or (c). |
| 175 | 2. Murder or attempted murder under s. 782.04, attempted |
| 176 | felony murder under s. 782.051, or manslaughter under s. 782.07. |
| 177 | 3. Aggravated battery or attempted aggravated battery |
| 178 | under s. 784.045. |
| 179 | 4. Sexual battery or attempted sexual battery under s. |
| 180 | 794.011(2), (3), (4), or (8)(b) or (c). |
| 181 | 5. Lewd or lascivious battery or attempted lewd or |
| 182 | lascivious battery under s. 800.04(4), lewd or lascivious |
| 183 | molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious |
| 184 | conduct under s. 800.04(6)(b), or lewd or lascivious exhibition |
| 185 | under s. 800.04(7)(c). |
| 186 | 6. Robbery or attempted robbery under s. 812.13, |
| 187 | carjacking or attempted carjacking under s. 812.133, or home |
| 188 | invasion robbery or attempted home invasion robbery under s. |
| 189 | 812.135. |
| 190 | 7. Lewd or lascivious offense upon or in the presence of |
| 191 | an elderly or disabled person or attempted lewd or lascivious |
| 192 | offense upon or in the presence of an elderly or disabled person |
| 193 | under s. 825.1025. |
| 194 | 8. Sexual performance by a child or attempted sexual |
| 195 | performance by a child under s. 827.071. |
| 196 | 9. Computer pornography under s. 847.0135(2) or (3), |
| 197 | transmission of child pornography under s. 847.0137, or selling |
| 198 | or buying of minors under s. 847.0145. |
| 199 | 10. Poisoning food or water under s. 859.01. |
| 200 | 11. Abuse of a dead human body under s. 872.06. |
| 201 | 12. Any burglary offense or attempted burglary offense |
| 202 | that is either a first-degree felony or second-degree felony |
| 203 | under s. 810.02(2) or (3). |
| 204 | 13. Arson or attempted arson under s. 806.01(1). |
| 205 | 14. Aggravated assault under s. 784.021. |
| 206 | 15. Aggravated stalking under s. 784.048(3), (4), (5), or |
| 207 | (7). |
| 208 | 16. Aircraft piracy under s. 860.16. |
| 209 | 17. Unlawful throwing, placing, or discharging of a |
| 210 | destructive device or bomb under s. 790.161(2), (3), or (4). |
| 211 | 18. Treason under s. 876.32. |
| 212 | 19. Any offense committed in another jurisdiction which |
| 213 | would be an offense listed in this paragraph if that offense had |
| 214 | been committed in this state. |
| 215 | (d) In the case of an alleged violation of probation or |
| 216 | community control other than a failure to pay costs, fines, or |
| 217 | restitution, the following individuals shall remain in custody |
| 218 | pending the resolution of the probation or community control |
| 219 | violation: |
| 220 | 1. A violent felony offender of special concern, as |
| 221 | defined in this section; |
| 222 | 2. A person who is on felony probation or community |
| 223 | control for any offense committed on or after the effective date |
| 224 | of this act and who is arrested for a qualifying offense as |
| 225 | defined in this section; or |
| 226 | 3. A person who is on felony probation or community |
| 227 | control and has previously been found by a court to be a |
| 228 | habitual violent felony offender as defined by s. 775.084(1)(b), |
| 229 | a three-time violent felony offender as defined by s. |
| 230 | 775.084(1)(c), or a sexual predator under s. 775.21, and who is |
| 231 | arrested for committing a qualifying offense as defined in this |
| 232 | section on or after the effective date of this act. |
| 233 |
|
| 234 | The court shall not dismiss the probation or community control |
| 235 | violation warrant pending against an offender enumerated in this |
| 236 | paragraph without holding a recorded violation-of-probation |
| 237 | hearing at which both the state and the offender are |
| 238 | represented. |
| 239 | (e) If the court, after conducting the hearing required by |
| 240 | paragraph (d), determines that a violent felony offender of |
| 241 | special concern has committed a violation of probation or |
| 242 | community control other than a failure to pay costs, fines, or |
| 243 | restitution, the court shall: |
| 244 | 1. Make written findings as to whether or not the violent |
| 245 | felony offender of special concern poses a danger to the |
| 246 | community. In determining the danger to the community posed by |
| 247 | the offender's release, the court shall base its findings on one |
| 248 | or more of the following: |
| 249 | a. The nature and circumstances of the violation and any |
| 250 | new offenses charged. |
| 251 | b. The offender's present conduct, including criminal |
| 252 | convictions. |
| 253 | c. The offender's amenability to nonincarcerative |
| 254 | sanctions based on his or her history and conduct during the |
| 255 | probation or community control supervision from which the |
| 256 | violation hearing arises and any other previous supervisions, |
| 257 | including disciplinary records of previous incarcerations. |
| 258 | d. The weight of the evidence against the offender. |
| 259 | e. Any other facts the court considers relevant. |
| 260 | 2. Decide whether to revoke the probation or community |
| 261 | control. |
| 262 | a. If the court has found that a violent felony offender |
| 263 | of special concern poses a danger to the community, the court |
| 264 | shall revoke probation and shall sentence the offender up to the |
| 265 | statutory maximum, or longer if permitted by law. |
| 266 | b. If the court has found that a violent felony offender |
| 267 | of special concern does not pose a danger to the community, the |
| 268 | court may revoke, modify, or continue the probation or community |
| 269 | control or may place the probationer into community control as |
| 270 | provided in this section. |
| 271 | Section 4. Section 948.064, Florida Statutes, is created |
| 272 | to read: |
| 273 | 948.064 Notification of status as a violent felony |
| 274 | offender of special concern.-- |
| 275 | (1) To facilitate the information available to the court |
| 276 | at first appearance hearings and at all subsequent hearings for |
| 277 | "violent felony offenders of special concern" as defined in s. |
| 278 | 948.06, the Department of Corrections shall, no later than |
| 279 | October 1, 2007, develop a system for identifying the offenders |
| 280 | in the department's database and post on the Department of Law |
| 281 | Enforcement's Criminal Justice Intranet a listing of all violent |
| 282 | felony offenders of special concern who are under community |
| 283 | supervision. |
| 284 | (2) The county where the arrested person is booked shall |
| 285 | provide the following information to the court at the time of |
| 286 | the first appearance: |
| 287 | (a) State and national criminal history information. |
| 288 | (b) All criminal justice information available in the |
| 289 | Florida Crime Information Center and the National Crime |
| 290 | Information Center. |
| 291 | (c) Notice that the arrested person meets the requirement |
| 292 | for restrictions on pretrial release pending probation or |
| 293 | community control violation hearing in s. 903.0351(1)(b). |
| 294 | (3) The courts shall assist the department's dissemination |
| 295 | of critical information by creating and maintaining an automated |
| 296 | system to provide the information as specified in this section |
| 297 | to the court with the jurisdiction to conduct the hearings. |
| 298 | (4) The state attorney, or the statewide prosecutor if |
| 299 | applicable, shall advise the court at each critical stage in the |
| 300 | judicial process, at which the state attorney or statewide |
| 301 | prosecutor is represented, whether an alleged or convicted |
| 302 | offender is a violent felony offender of special concern; a |
| 303 | person who is on felony probation or community control for any |
| 304 | offense committed on or after the effective date of this act and |
| 305 | who is arrested for a qualifying offense; or a person who is on |
| 306 | felony probation or community control and has previously been |
| 307 | found by a court to be a habitual violent felony offender as |
| 308 | defined by s. 775.084(1)(b), a three-time violent felony |
| 309 | offender as defined by s. 775.084(1)(c), or a sexual predator |
| 310 | under s. 775.21, and who is arrested for committing a qualifying |
| 311 | offense on or after the effective date of this act. |
| 312 | Section 5. Paragraph (b) of subsection (1) of section |
| 313 | 921.0024, Florida Statutes, is amended to read: |
| 314 | 921.0024 Criminal Punishment Code; worksheet computations; |
| 315 | scoresheets.-- |
| 316 | (1) |
| 317 | (b) WORKSHEET KEY: |
| 318 |
|
| 319 | Legal status points are assessed when any form of legal status |
| 320 | existed at the time the offender committed an offense before the |
| 321 | court for sentencing. Four (4) sentence points are assessed for |
| 322 | an offender's legal status. |
| 323 |
|
| 324 | Community sanction violation points are assessed when a |
| 325 | community sanction violation is before the court for sentencing. |
| 326 | Six (6) sentence points are assessed for each community sanction |
| 327 | violation, and each successive community sanction violation, |
| 328 | unless any of the following apply:; however, |
| 329 | 1. If the community sanction violation includes a new |
| 330 | felony conviction before the sentencing court, twelve (12) |
| 331 | community sanction violation points are assessed for the such |
| 332 | violation, and for each successive community sanction violation |
| 333 | involving a new felony conviction. |
| 334 | 2. If the community sanction violation is committed by a |
| 335 | violent felony offender of special concern as defined in s. |
| 336 | 948.06: |
| 337 | a. Twelve (12) community sanction violation points are |
| 338 | assessed for the violation and for each successive violation of |
| 339 | felony probation or community control where: |
| 340 | (I) The violation does not involve a new felony |
| 341 | conviction; and |
| 342 | (II) The community sanction violation is not based solely |
| 343 | on the probationer or offender's failure to pay costs or fines |
| 344 | or make restitution payments. |
| 345 | b. Twenty-four (24) community sanction violation points |
| 346 | are assessed for the violation and for each successive violation |
| 347 | of felony probation or community control where the violation |
| 348 | includes a new felony conviction. |
| 349 |
|
| 350 | Multiple counts of community sanction violations before the |
| 351 | sentencing court shall not be a basis for multiplying the |
| 352 | assessment of community sanction violation points. |
| 353 |
|
| 354 | Prior serious felony points: If the offender has a primary |
| 355 | offense or any additional offense ranked in level 8, level 9, or |
| 356 | level 10, and one or more prior serious felonies, a single |
| 357 | assessment of thirty (30) 30 points shall be added. For purposes |
| 358 | of this section, a prior serious felony is an offense in the |
| 359 | offender's prior record that is ranked in level 8, level 9, or |
| 360 | level 10 under s. 921.0022 or s. 921.0023 and for which the |
| 361 | offender is serving a sentence of confinement, supervision, or |
| 362 | other sanction or for which the offender's date of release from |
| 363 | confinement, supervision, or other sanction, whichever is later, |
| 364 | is within 3 years before the date the primary offense or any |
| 365 | additional offense was committed. |
| 366 |
|
| 367 | Prior capital felony points: If the offender has one or more |
| 368 | prior capital felonies in the offender's criminal record, points |
| 369 | shall be added to the subtotal sentence points of the offender |
| 370 | equal to twice the number of points the offender receives for |
| 371 | the primary offense and any additional offense. A prior capital |
| 372 | felony in the offender's criminal record is a previous capital |
| 373 | felony offense for which the offender has entered a plea of nolo |
| 374 | contendere or guilty or has been found guilty; or a felony in |
| 375 | another jurisdiction which is a capital felony in that |
| 376 | jurisdiction, or would be a capital felony if the offense were |
| 377 | committed in this state. |
| 378 |
|
| 379 | Possession of a firearm, semiautomatic firearm, or machine gun: |
| 380 | If the offender is convicted of committing or attempting to |
| 381 | commit any felony other than those enumerated in s. 775.087(2) |
| 382 | while having in his or her possession: a firearm as defined in |
| 383 | s. 790.001(6), an additional eighteen (18) 18 sentence points |
| 384 | are assessed; or if the offender is convicted of committing or |
| 385 | attempting to commit any felony other than those enumerated in |
| 386 | s. 775.087(3) while having in his or her possession a |
| 387 | semiautomatic firearm as defined in s. 775.087(3) or a machine |
| 388 | gun as defined in s. 790.001(9), an additional twenty-five (25) |
| 389 | 25 sentence points are assessed. |
| 390 |
|
| 391 | Sentencing multipliers: |
| 392 |
|
| 393 | Drug trafficking: If the primary offense is drug trafficking |
| 394 | under s. 893.135, the subtotal sentence points are multiplied, |
| 395 | at the discretion of the court, for a level 7 or level 8 |
| 396 | offense, by 1.5. The state attorney may move the sentencing |
| 397 | court to reduce or suspend the sentence of a person convicted of |
| 398 | a level 7 or level 8 offense, if the offender provides |
| 399 | substantial assistance as described in s. 893.135(4). |
| 400 |
|
| 401 | Law enforcement protection: If the primary offense is a |
| 402 | violation of the Law Enforcement Protection Act under s. |
| 403 | 775.0823(2), the subtotal sentence points are multiplied by 2.5. |
| 404 | If the primary offense is a violation of s. 775.0823(3), (4), |
| 405 | (5), (6), (7), or (8), the subtotal sentence points are |
| 406 | multiplied by 2.0. If the primary offense is a violation of s. |
| 407 | 784.07(3) or s. 775.0875(1), or of the Law Enforcement |
| 408 | Protection Act under s. 775.0823(9) or (10), the subtotal |
| 409 | sentence points are multiplied by 1.5. |
| 410 |
|
| 411 | Grand theft of a motor vehicle: If the primary offense is grand |
| 412 | theft of the third degree involving a motor vehicle and in the |
| 413 | offender's prior record, there are three or more grand thefts of |
| 414 | the third degree involving a motor vehicle, the subtotal |
| 415 | sentence points are multiplied by 1.5. |
| 416 |
|
| 417 | Offense related to a criminal street gang: If the offender is |
| 418 | convicted of the primary offense and committed that offense for |
| 419 | the purpose of benefiting, promoting, or furthering the |
| 420 | interests of a criminal street gang as prohibited under s. |
| 421 | 874.04, the subtotal sentence points are multiplied by 1.5. |
| 422 |
|
| 423 | Domestic violence in the presence of a child: If the offender is |
| 424 | convicted of the primary offense and the primary offense is a |
| 425 | crime of domestic violence, as defined in s. 741.28, which was |
| 426 | committed in the presence of a child under 16 years of age who |
| 427 | is a family or household member as defined in s. 741.28(3) with |
| 428 | the victim or perpetrator, the subtotal sentence points are |
| 429 | multiplied by 1.5. |
| 430 | Section 6. For the purpose of incorporating the amendment |
| 431 | made by this act to section 948.06, Florida Statutes, in a |
| 432 | reference thereto, paragraph (b) of subsection (2) of section |
| 433 | 948.012, Florida Statutes, is reenacted to read: |
| 434 | 948.012 Split sentence of probation or community control |
| 435 | and imprisonment.-- |
| 436 | (2) The court may also impose a split sentence whereby the |
| 437 | defendant is sentenced to a term of probation which may be |
| 438 | followed by a period of incarceration or, with respect to a |
| 439 | felony, into community control, as follows: |
| 440 | (b) If the offender does not meet the terms and conditions |
| 441 | of probation or community control, the court may revoke, modify, |
| 442 | or continue the probation or community control as provided in s. |
| 443 | 948.06. If the probation or community control is revoked, the |
| 444 | court may impose any sentence that it could have imposed at the |
| 445 | time the offender was placed on probation or community control. |
| 446 | The court may not provide credit for time served for any portion |
| 447 | of a probation or community control term toward a subsequent |
| 448 | term of probation or community control. However, the court may |
| 449 | not impose a subsequent term of probation or community control |
| 450 | which, when combined with any amount of time served on preceding |
| 451 | terms of probation or community control for offenses pending |
| 452 | before the court for sentencing, would exceed the maximum |
| 453 | penalty allowable as provided in s. 775.082. Such term of |
| 454 | incarceration shall be served under applicable law or county |
| 455 | ordinance governing service of sentences in state or county |
| 456 | jurisdiction. This paragraph does not prohibit any other |
| 457 | sanction provided by law. |
| 458 | Section 7. For the purpose of incorporating the amendment |
| 459 | made by this act to section 948.06, Florida Statutes, in a |
| 460 | reference thereto, subsection (9) of section 948.10, Florida |
| 461 | Statutes, is reenacted to read: |
| 462 | 948.10 Community control programs.-- |
| 463 | (9) Procedures governing violations of community control |
| 464 | shall be the same as those described in s. 948.06 with respect |
| 465 | to probation. |
| 466 | Section 8. For the purpose of incorporating the amendment |
| 467 | made by this act to section 948.06, Florida Statutes, in a |
| 468 | reference thereto, section 958.14, Florida Statutes, is |
| 469 | reenacted to read: |
| 470 | 958.14 Violation of probation or community control |
| 471 | program.--A violation or alleged violation of probation or the |
| 472 | terms of a community control program shall subject the youthful |
| 473 | offender to the provisions of s. 948.06. However, no youthful |
| 474 | offender shall be committed to the custody of the department for |
| 475 | a substantive violation for a period longer than the maximum |
| 476 | sentence for the offense for which he or she was found guilty, |
| 477 | with credit for time served while incarcerated, or for a |
| 478 | technical or nonsubstantive violation for a period longer than 6 |
| 479 | years or for a period longer than the maximum sentence for the |
| 480 | offense for which he or she was found guilty, whichever is less, |
| 481 | with credit for time served while incarcerated. |
| 482 | Section 9. (1) The Department of Corrections shall |
| 483 | coordinate preparation of a report on implementation of the |
| 484 | Anti-Murder Act and shall submit the report to the Governor, the |
| 485 | President of the Senate, and the Speaker of the House of |
| 486 | Representatives no later than February 1, 2008. |
| 487 | (2) The department shall convene the participation of, and |
| 488 | coordinate preparation of the report with, representatives of |
| 489 | the following: |
| 490 | (a) The Office of the State Courts Administrator on behalf |
| 491 | of the state courts system. |
| 492 | (b) The Florida Prosecuting Attorneys Association. |
| 493 | (c) The Florida Public Defender Association. |
| 494 | (d) The Florida Association of Criminal Defense Lawyers. |
| 495 | (e) Any other units of government, organizations, or |
| 496 | entities the department deems necessary. |
| 497 | (3) At a minimum, the report shall identify any legal, |
| 498 | fiscal, or administrative impediments to full implementation of |
| 499 | this act and recommend any legislative action related to |
| 500 | implementation of this act. |
| 501 | Section 10. If any provision of this act or its |
| 502 | application to any person or circumstance is held invalid, the |
| 503 | invalidity does not affect other provisions or applications of |
| 504 | the act which can be given effect without the invalid provision |
| 505 | or application, and to this end the provisions of this act are |
| 506 | severable. |
| 507 | Section 11. This act shall take effect upon becoming a |
| 508 | law. |