Florida Senate - 2013                                    SB 1454
       
       
       
       By Senator Thompson
       
       
       
       
       12-00457-13                                           20131454__
    1                        A bill to be entitled                      
    2         An act relating to sentencing of offenders; amending
    3         s. 775.082, F.S.; revising the number of sentencing
    4         points the offender might accumulate below which the
    5         court must sentence the offender to a nonstate prison
    6         sanction; providing that if the court makes written
    7         findings that a nonstate prison sanction could present
    8         a danger to the public, the court may sentence the
    9         offender to a state correctional facility; providing
   10         an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (10) of section 775.082, Florida
   15  Statutes, is amended to read:
   16         775.082 Penalties; applicability of sentencing structures;
   17  mandatory minimum sentences for certain reoffenders previously
   18  released from prison.—
   19         (10) If a defendant is sentenced for an offense committed
   20  on or after July 1, 2009, which is a third degree felony but not
   21  a forcible felony as defined in s. 776.08, and excluding any
   22  third degree felony violation under chapter 810, and if the
   23  total sentence points pursuant to s. 921.0024 are 44 22 points
   24  or fewer, the court must sentence the offender to a nonstate
   25  prison sanction. However, if the court makes written findings
   26  that a nonstate prison sanction could present a danger to the
   27  public, the court may sentence the offender to a state
   28  correctional facility pursuant to this section.
   29         Section 2. This act shall take effect October 1, 2013.