| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenses; amending s. 775.082, |
| 3 | F.S.; requiring life sentences for certain second or |
| 4 | subsequent offenders; amending s. 794.0115, F.S.; adding |
| 5 | offenses to dangerous sexual felony offender law; |
| 6 | requiring mandatory minimum life sentences for certain |
| 7 | offenders; creating s. 775.0847, F.S.; providing enhanced |
| 8 | penalties for certain sexual offenses; providing mandatory |
| 9 | minimum sentences; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (a) of subsection (3) of section |
| 14 | 775.082, Florida Statutes, is amended to read: |
| 15 | 775.082 Penalties; applicability of sentencing structures; |
| 16 | mandatory minimum sentences for certain reoffenders previously |
| 17 | released from prison.-- |
| 18 | (3) A person who has been convicted of any other |
| 19 | designated felony may be punished as follows: |
| 20 | (a)1. For a life felony committed prior to October 1, |
| 21 | 1983, by a term of imprisonment for life or for a term of years |
| 22 | not less than 30. |
| 23 | 2. For a life felony committed on or after October 1, |
| 24 | 1983, by a term of imprisonment for life or by a term of |
| 25 | imprisonment not exceeding 40 years. |
| 26 | 3. Except as provided in subparagraph 4., for a life |
| 27 | felony committed on or after July 1, 1995, by a term of |
| 28 | imprisonment for life or by imprisonment for a term of years not |
| 29 | exceeding life imprisonment. |
| 30 | 4.a. Except as provided in sub-subparagraph b., for a life |
| 31 | felony committed on or after September 1, 2005, which is a |
| 32 | violation of s. 800.04(5)(b), by: |
| 33 | (I)a. A term of imprisonment for life; or |
| 34 | (II)b. A split sentence that is a term of not less than 25 |
| 35 | years' imprisonment and not exceeding life imprisonment, |
| 36 | followed by probation or community control for the remainder of |
| 37 | the person's natural life, as provided in s. 948.012(4). |
| 38 | b. For a life felony committed on or after July 1, 2007, |
| 39 | which is a person's second or subsequent violation of s. |
| 40 | 800.04(5)(b), by a term of imprisonment for life. |
| 41 | Section 2. Section 794.0115, Florida Statutes, is amended |
| 42 | to read: |
| 43 | 794.0115 Dangerous sexual felony offender; mandatory |
| 44 | sentencing.-- |
| 45 | (1) This section may be cited as the "Dangerous Sexual |
| 46 | Felony Offender Act." |
| 47 | (2) Any person who is convicted of a violation of s. |
| 48 | 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 796.03; |
| 49 | s. 794.065(1); s. 800.04(4), or (5), (6)(b), or (7)(c); s. |
| 50 | 825.1025(2), or (3), or (4); s. 827.071(2), (3), or (4), or (5); |
| 51 | or s. 847.0145; or of any similar offense under a former |
| 52 | designation, which offense the person committed when he or she |
| 53 | was 18 years of age or older, and the person: |
| 54 | (a) Caused serious personal injury to the victim as a |
| 55 | result of the commission of the offense; |
| 56 | (b) Used or threatened to use a deadly weapon during the |
| 57 | commission of the offense; |
| 58 | (c) Victimized more than one person during the course of |
| 59 | the criminal episode applicable to the offense; |
| 60 | (d) Committed the offense while under the jurisdiction of |
| 61 | a court for a felony offense under the laws of this state, for |
| 62 | an offense that is a felony in another jurisdiction, or for an |
| 63 | offense that would be a felony if that offense were committed in |
| 64 | this state; or |
| 65 | (e) Has previously been convicted of a violation of s. |
| 66 | 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 796.03; |
| 67 | s. 794.065(1); s. 800.04(4), or (5), (6)(b), or (7)(c); s. |
| 68 | 825.1025(2), or (3), or (4); s. 827.071(2), (3), or (4), or (5); |
| 69 | s. 847.0145; of any offense under a former statutory designation |
| 70 | which is similar in elements to an offense described in this |
| 71 | paragraph; or of any offense that is a felony in another |
| 72 | jurisdiction, or would be a felony if that offense were |
| 73 | committed in this state, and which is similar in elements to an |
| 74 | offense described in this paragraph, |
| 75 |
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| 76 | is a dangerous sexual felony offender, who must be sentenced to |
| 77 | a mandatory minimum term of 25 years imprisonment up to, and |
| 78 | including, life imprisonment. |
| 79 | (3)(a) Any person who: |
| 80 | 1. Is convicted of a violation of s. 787.025(2)(c); s. |
| 81 | 794.011(2), (3), (4), (5), or (8); s. 796.03; s. 794.065(1); s. |
| 82 | 800.04(4), (5), (6)(b), or (7)(c); s. 825.1025(2), (3), or (4); |
| 83 | s. 827.071(2), (3), (4), or (5); or s. 847.0145 and was 18 years |
| 84 | of age or older at the time of the offense; and |
| 85 | 2. Has been twice previously been convicted of a violation |
| 86 | of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. |
| 87 | 796.03; s. 794.065(1); s. 800.04(4),(5), (6)(b), or (7)(c); s. |
| 88 | 825.1025(2), (3) or (4); s. 827.071(2), (3), (4) or (5); or s. |
| 89 | 847.0145, |
| 90 |
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| 91 | must be sentenced to a mandatory minimum term of life |
| 92 | imprisonment. |
| 93 | (b) For purposes of this subsection, any offense listed in |
| 94 | this subsection includes any offense under a former designation |
| 95 | which is similar in elements to an offense described in this |
| 96 | subsection and any offense that is a felony in another |
| 97 | jurisdiction, or would be a felony if that offense were |
| 98 | committed in this state, and that is similar in elements to an |
| 99 | offense described in this subsection. |
| 100 | (4)(3) "Serious personal injury" means great bodily harm |
| 101 | or pain, permanent disability, or permanent disfigurement. |
| 102 | (5)(4) The offense described in subsection (2) or |
| 103 | subsection (3) which is being charged must have been committed |
| 104 | after the date of commission of the last prior conviction for an |
| 105 | offense that is a prior conviction described in paragraph (2)(e) |
| 106 | or subsection (3). |
| 107 | (6)(5) It is irrelevant that a factor listed in subsection |
| 108 | (2) is an element of an offense described in that subsection. It |
| 109 | is also irrelevant that such an offense was reclassified to a |
| 110 | higher felony degree under s. 794.023 or any other law. |
| 111 | (7)(6) Notwithstanding s. 775.082(3), chapter 958, any |
| 112 | other law, or any interpretation or construction thereof, a |
| 113 | person subject to sentencing under this section must be |
| 114 | sentenced to the mandatory term of imprisonment provided under |
| 115 | this section. If the mandatory minimum term of imprisonment |
| 116 | imposed under this section exceeds the maximum sentence |
| 117 | authorized under s. 775.082, s. 775.084, or chapter 921, the |
| 118 | mandatory minimum term of imprisonment under this section must |
| 119 | be imposed. If the mandatory minimum term of imprisonment under |
| 120 | this section is less than the sentence that could be imposed |
| 121 | under s. 775.082, s. 775.084, or chapter 921, the sentence |
| 122 | imposed must include the mandatory minimum term of imprisonment |
| 123 | under this section. |
| 124 | (8)(7) A defendant sentenced to a mandatory minimum term |
| 125 | of imprisonment under this section is not eligible for statutory |
| 126 | gain-time under s. 944.275 or any form of discretionary early |
| 127 | release, other than pardon or executive clemency, or conditional |
| 128 | medical release under s. 947.149, before serving the minimum |
| 129 | sentence. |
| 130 | Section 3. Section 775.0847, Florida Statutes, is created |
| 131 | to read: |
| 132 | 775.0847 Sexual offenses; reclassification.-- |
| 133 | (1) The penalty for any misdemeanor or felony under s. |
| 134 | 365.16(1)(a), s. 794.075, s. 800.02, s. 800.03, s. 810.14, s. |
| 135 | 810.145, or s. 877.26 shall be reclassified, and the offender |
| 136 | subject to an enhanced penalty, as follows: |
| 137 | (a) If the offender has previously been convicted of a |
| 138 | violation of s. 365.16(1)(a), s. 794.075, s. 800.02, s. 800.03, |
| 139 | s. 810.14, s. 810.145, or s. 877.26, the offense shall be |
| 140 | reclassified as a felony of the third degree. |
| 141 | (b) If the offender has twice previously been convicted of |
| 142 | a violation of s. 365.16(1)(a), s. 794.075, s. 800.02, s. |
| 143 | 800.03, s. 810.14, s. 810.145, or s. 877.26, the offense shall |
| 144 | be reclassified as a felony of the second degree and the |
| 145 | offender must be sentenced to a minimum mandatory term of |
| 146 | imprisonment of 5 years. |
| 147 | (c) If the offender has previously been convicted of a |
| 148 | violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or |
| 149 | (8); s. 794.065(1); s. 796.03; s. 800.04(4), (5), (6)(b), or |
| 150 | (7)(c); s. 825.1025(2), (3), or (4); s. 827.071(2), (3), (4), or |
| 151 | (5); or s. 847.0145, the offense shall be reclassified as a |
| 152 | second degree felony and the offender must be sentenced to a |
| 153 | minimum mandatory term of imprisonment of 5 years. |
| 154 | (2) For purposes of this section, any offense listed in |
| 155 | this section includes any offense under a former designation |
| 156 | which is similar in elements to an offense described in this |
| 157 | section and any offense that is a misdemeanor or felony in |
| 158 | another jurisdiction, or would be a misdemeanor or felony if |
| 159 | that offense were committed in this state, and that is similar |
| 160 | in elements to an offense described in this section. |
| 161 | Section 4. This act shall take effect July 1, 2007. |