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A bill to be entitled

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An act relating to assault or battery of a law enforcement

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officer or other specified persons; amending s. 775.082,

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F.S.; expanding the definition of the term "prison

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releasee reoffender" to include a defendant who commits

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any felony violation relating to an assault or battery of

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a law enforcement officer or other specified person for

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the purpose of sentencing the reoffender to certain

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specified periods of imprisonment; amending s. 775.084,

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F.S.; expanding the definitions of the terms "habitual

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violent felony offender" and "three-time violent felony

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offender" to include an offender who commits any felony

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violation relating to an assault or battery of a law

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enforcement officer or other specified person for the

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purpose of sentencing the offender to certain periods of

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imprisonment; reenacting s. 775.261(2)(a), F.S., relating

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to the Florida Career Offender Registration Act, to

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incorporate the amendments to ss. 775.082 and 775.084,

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F.S., in references thereto; reenacting s. 944.608(1),

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F.S., relating to information that must be given to the

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Department of Law Enforcement concerning a career

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offender, to incorporate the amendments to ss. 775.082 and

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775.084, F.S., in references thereto; reenacting s.

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944.609(1), F.S., relating to notification of information

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on a career offender who is in the custody of, or under

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supervision of, the Department of Corrections at the time

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of the inmate's release, to incorporate the amendments to

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ss. 775.082 and 775.084, F.S., in references thereto;

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reenacting s. 944.705(6), F.S., relating to notifying

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inmates of certain information at the time of the inmate's

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release, to incorporate the amendment to s. 775.082, F.S.,

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in references thereto; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (a) of subsection (9) of section

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775.082, Florida Statutes, is amended to read:

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     775.082  Penalties; applicability of sentencing structures;

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mandatory minimum sentences for certain reoffenders previously

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released from prison.--

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     (9)(a)1.  "Prison releasee reoffender" means any defendant

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who commits, or attempts to commit:

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     a.  Treason;

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     b.  Murder;

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     c.  Manslaughter;

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     d.  Sexual battery;

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     e.  Carjacking;

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     f.  Home-invasion robbery;

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     g.  Robbery;

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     h.  Arson;

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     i.  Kidnapping;

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     j.  Aggravated assault with a deadly weapon;

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     k.  Aggravated battery;

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     l.  Aggravated stalking;

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     m.  Aircraft piracy;

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     n.  Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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     o.  Any felony that involves the use or threat of physical

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force or violence against an individual;

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     p.  Armed burglary;

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     q.  Burglary of a dwelling or burglary of an occupied

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structure; or

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     r. Any felony violation of s. 784.07; or

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     s.r. Any felony violation of s. 790.07, s. 800.04, s.

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827.03, or s. 827.071;

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within 3 years after being released from a state correctional

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facility operated by the Department of Corrections or a private

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vendor or within 3 years after being released from a correctional

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institution of another state, the District of Columbia, the

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United States, any possession or territory of the United States,

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or any foreign jurisdiction, following incarceration for an

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offense for which the sentence is punishable by more than 1 year

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in this state.

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     2.  "Prison releasee reoffender" also means any defendant

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who commits or attempts to commit any offense listed in sub-

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subparagraphs (a)1.a.-r. while the defendant was serving a prison

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sentence or on escape status from a state correctional facility

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operated by the Department of Corrections or a private vendor or

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while the defendant was on escape status from a correctional

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institution of another state, the District of Columbia, the

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United States, any possession or territory of the United States,

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or any foreign jurisdiction, following incarceration for an

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offense for which the sentence is punishable by more than 1 year

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in this state.

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     3.  If the state attorney determines that a defendant is a

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prison releasee reoffender as defined in subparagraph 1., the

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state attorney may seek to have the court sentence the defendant

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as a prison releasee reoffender. Upon proof from the state

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attorney that establishes by a preponderance of the evidence that

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a defendant is a prison releasee reoffender as defined in this

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section, such defendant is not eligible for sentencing under the

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sentencing guidelines and must be sentenced as follows:

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     a.  For a felony punishable by life, by a term of

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imprisonment for life;

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     b.  For a felony of the first degree, by a term of

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imprisonment of 30 years;

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     c.  For a felony of the second degree, by a term of

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imprisonment of 15 years; and

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     d.  For a felony of the third degree, by a term of

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imprisonment of 5 years.

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     Section 2.  Paragraphs (b) and (c) of subsection (1) of

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section 775.084, Florida Statutes, are amended to read:

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     775.084  Violent career criminals; habitual felony offenders

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and habitual violent felony offenders; three-time violent felony

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offenders; definitions; procedure; enhanced penalties or

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mandatory minimum prison terms.--

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     (1)  As used in this act:

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     (b)  "Habitual violent felony offender" means a defendant

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for whom the court may impose an extended term of imprisonment,

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as provided in paragraph (4)(b), if it finds that:

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     1.  The defendant has previously been convicted of a felony

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or an attempt or conspiracy to commit a felony and one or more of

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such convictions was for:

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     a.  Arson;

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     b.  Sexual battery;

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     c.  Robbery;

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     d.  Kidnapping;

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     e.  Aggravated child abuse;

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     f.  Aggravated abuse of an elderly person or disabled adult;

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     g.  Aggravated assault with a deadly weapon;

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     h.  Murder;

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     i.  Manslaughter;

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     j.  Aggravated manslaughter of an elderly person or disabled

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adult;

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     k.  Aggravated manslaughter of a child;

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     l.  Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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     m.  Armed burglary;

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     n. Aggravated battery; or

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     o. Any felony violation of s. 784.07; or

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     p.o. Aggravated stalking.

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     2.  The felony for which the defendant is to be sentenced

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was committed:

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     a.  While the defendant was serving a prison sentence or

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other sentence, or court-ordered or lawfully imposed supervision

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that is imposed as a result of a prior conviction for an

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enumerated felony; or

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     b.  Within 5 years of the date of the conviction of the last

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prior enumerated felony, or within 5 years of the defendant's

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release from a prison sentence, probation, community control,

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control release, conditional release, parole, or court-ordered or

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lawfully imposed supervision or other sentence that is imposed as

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a result of a prior conviction for an enumerated felony,

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whichever is later.

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     3.  The defendant has not received a pardon on the ground of

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innocence for any crime that is necessary for the operation of

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this paragraph.

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     4.  A conviction of a crime necessary to the operation of

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this paragraph has not been set aside in any postconviction

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proceeding.

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     (c)  "Three-time violent felony offender" means a defendant

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for whom the court must impose a mandatory minimum term of

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imprisonment, as provided in paragraph (4)(c), if it finds that:

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     1.  The defendant has previously been convicted as an adult

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two or more times of a felony, or an attempt to commit a felony,

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and two or more of such convictions were for committing, or

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attempting to commit, any of the following offenses or

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combination thereof:

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     a.  Arson;

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     b.  Sexual battery;

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     c.  Robbery;

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     d.  Kidnapping;

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     e.  Aggravated child abuse;

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     f.  Aggravated abuse of an elderly person or disabled adult;

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     g.  Aggravated assault with a deadly weapon;

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     h.  Murder;

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     i.  Manslaughter;

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     j.  Aggravated manslaughter of an elderly person or disabled

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adult;

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     k.  Aggravated manslaughter of a child;

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     l.  Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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     m.  Armed burglary;

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     n.  Aggravated battery;

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     o.  Aggravated stalking;

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     p.  Home invasion/robbery;

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     q. Carjacking; or

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     r. Any felony violation of s. 784.07; or

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     s.r. An offense that which is in violation of a law of any

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other jurisdiction if the elements of the offense are

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substantially similar to the elements of any felony offense

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enumerated in sub-subparagraphs a.-q., or an attempt to commit

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any such felony offense.

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     2.  The felony for which the defendant is to be sentenced is

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one of the felonies enumerated in sub-subparagraphs 1.a.-q. and

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was committed:

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     a.  While the defendant was serving a prison sentence or

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other sentence imposed as a result of a prior conviction for any

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offense enumerated in sub-subparagraphs 1.a.-r.; or

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     b.  Within 5 years after the date of the conviction of the

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last prior offense enumerated in sub-subparagraphs 1.a.-r., or

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within 5 years after the defendant's release from a prison

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sentence, probation, community control, or other sentence imposed

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as a result of a prior conviction for any offense enumerated in

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sub-subparagraphs 1.a.-r., whichever is later.

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     3.  The defendant has not received a pardon on the ground of

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innocence for any crime that is necessary for the operation of

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this paragraph.

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     4.  A conviction of a crime necessary to the operation of

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this paragraph has not been set aside in any postconviction

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proceeding.

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     Section 3.  For the purpose of incorporating the amendment

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made by this act to sections 775.082 and 775.084, Florida

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Statutes, in references thereto, paragraph (a) of subsection (2)

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of section 775.261, Florida Statutes, is reenacted to read:

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     775.261  The Florida Career Offender Registration Act.--

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     (2)  DEFINITIONS.--As used in this section, the term:

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     (a)  "Career offender" means any person who is designated as

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a habitual violent felony offender, a violent career criminal, or

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a three-time violent felony offender under s. 775.084 or as a

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prison releasee reoffender under s. 775.082(9).

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     Section 4.  For the purpose of incorporating the amendment

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made by this act to sections 775.082 and 775.084, Florida

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Statutes, in references thereto, subsection (1) of section

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944.608, Florida Statutes, is reenacted to read:

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     944.608  Notification to Department of Law Enforcement of

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information on career offenders.--

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     (1)  As used in this section, the term "career offender"

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means a person who is in the custody or control of, or under the

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supervision of, the department or is in the custody or control

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of, or under the supervision of, a private correctional facility,

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and who is designated as a habitual violent felony offender, a

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violent career criminal, or a three-time violent felony offender

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under s. 775.084 or as a prison releasee reoffender under s.

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775.082(9).

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     Section 5.  For the purpose of incorporating the amendment

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made by this act to sections 775.082 and 775.084, Florida

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Statutes, in references thereto, subsection (1) of section

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944.609, Florida Statutes, is reenacted to read:

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     944.609  Career offenders; notification upon release.--

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     (1)  As used in this section, the term "career offender"

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means a person who is in the custody or control of, or under the

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supervision of, the department or is in the custody or control

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of, or under the supervision of a private correctional facility,

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who is designated as a habitual violent felony offender, a

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violent career criminal, or a three-time violent felony offender

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under s. 775.084 or as a prison releasee reoffender under s.

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775.082(9).

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     Section 6.  For the purpose of incorporating the amendment

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made by this act to section 775.082, Florida Statutes, in

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references thereto, subsection (6) of section 944.705, Florida

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Statutes, is reenacted to read:

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     944.705  Release orientation program.--

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     (6)(a)  The department shall notify every inmate, in no less

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than 18-point type in the inmate's release documents, that the

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inmate may be sentenced pursuant to s. 775.082(9) if the inmate

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commits any felony offense described in s. 775.082(9) within 3

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years after the inmate's release. This notice must be prefaced by

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the word "WARNING" in boldfaced type.

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     (b)  Nothing in this section precludes the sentencing of a

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person pursuant to s. 775.082(9), nor shall evidence that the

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department failed to provide this notice prohibit a person from

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being sentenced pursuant to s. 775.082(9).  The state shall not

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be required to demonstrate that a person received any notice from

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the department in order for the court to impose a sentence

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pursuant to s. 775.082(9).

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     Section 7.  This act shall take effect July 1, 2008.