Florida Senate - 2014 SB 526
By Senator Bradley
7-00529A-14 2014526__
1 A bill to be entitled
2 An act relating to sexual offenses; amending s.
3 794.011, F.S.; revising and creating offenses
4 involving sexual battery; increasing felony degree of
5 certain sexual battery offenses; amending s. 800.04,
6 F.S.; revising and creating offenses involving lewd or
7 lascivious battery and molestation; increasing felony
8 degree of certain lewd or lascivious battery and
9 molestation offenses; amending s. 921.0022, F.S.;
10 assigning new offense severity rankings for lewd or
11 lascivious molestation and sexual battery offenses;
12 amending s. 921.0024, F.S.; providing that sentence
13 points are multiplied for specified sex offenses
14 committed by an adult upon a minor under certain
15 circumstances; creating s. 921.30, F.S.; authorizing a
16 state attorney to move a court to make a written
17 finding that an offense was a sexually motivated
18 offense under certain circumstances; amending s.
19 944.275, F.S.; prohibiting award of gain-time for
20 certain offenses; amending s. 947.1405, F.S.;
21 providing for tolling of conditional release
22 supervision; providing applicability; amending s.
23 948.012, F.S.; requiring split sentence for certain
24 sexual offenses; providing for tolling of probation or
25 community control; providing applicability; providing
26 severability; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsections (4), (5), and (6), paragraph (b) of
31 subsection (8), and subsections (9) and (10) of section 794.011,
32 Florida Statutes, are amended to read:
33 794.011 Sexual battery.—
34 (4)(a) A person 18 years of age or older who commits sexual
35 battery upon a person 12 years of age or older but younger than
36 18 years of age without that person’s consent, under any of the
37 following circumstances listed in paragraph (e), commits a
38 felony of the first degree, punishable by a term of years not
39 exceeding life or as provided in s. 775.082, s. 775.083, s.
40 775.084, or s. 794.0115.:
41 (b) A person 18 years of age or older who commits sexual
42 battery upon a person 18 years of age or older without that
43 person’s consent, under any of the circumstances listed in
44 paragraph (e), commits a felony of the first degree, punishable
45 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
46 794.0115.
47 (c) A person younger than 18 years of age who commits
48 sexual battery upon a person 12 years of age or older without
49 that person’s consent, under any of the circumstances listed in
50 paragraph (e), commits a felony of the first degree, punishable
51 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
52 794.0115.
53 (d) If a person who has previously been convicted of a
54 violation of s. 787.01(2), s. 787.02(3), s. 800.04, s. 825.1025,
55 or s. 847.0135(5) or a violation of this chapter, excluding
56 subsection (10) of this section, commits sexual battery upon a
57 person 12 years of age or older without that person’s consent,
58 under any of the circumstances listed in paragraph (e), such
59 person commits a felony of the first degree, punishable by a
60 term of years not exceeding life or as provided in s. 775.082,
61 s. 775.083, s. 775.084, or s. 794.0115.
62 (e) The following circumstances apply to paragraphs (a)
63 (d):
64 1.(a) When The victim is physically helpless to resist.
65 2.(b) When The offender coerces the victim to submit by
66 threatening to use force or violence likely to cause serious
67 personal injury on the victim, and the victim reasonably
68 believes that the offender has the present ability to execute
69 the threat.
70 3.(c) When The offender coerces the victim to submit by
71 threatening to retaliate against the victim, or any other
72 person, and the victim reasonably believes that the offender has
73 the ability to execute the threat in the future.
74 4.(d) When The offender, without the prior knowledge or
75 consent of the victim, administers or has knowledge of someone
76 else administering to the victim any narcotic, anesthetic, or
77 other intoxicating substance that which mentally or physically
78 incapacitates the victim.
79 5.(e) When The victim is mentally defective, and the
80 offender has reason to believe this or has actual knowledge of
81 this fact.
82 6.(f) When The victim is physically incapacitated.
83 7.(g) When The offender is a law enforcement officer,
84 correctional officer, or correctional probation officer as
85 defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
86 is certified under the provisions of s. 943.1395 or is an
87 elected official exempt from such certification by virtue of s.
88 943.253, or any other person in a position of control or
89 authority in a probation, community control, controlled release,
90 detention, custodial, or similar setting, and such officer,
91 official, or person is acting in such a manner as to lead the
92 victim to reasonably believe that the offender is in a position
93 of control or authority as an agent or employee of government.
94 (5)(a) A person 18 years of age or older who commits sexual
95 battery upon a person 12 years of age or older but younger than
96 18 years of age, without that person’s consent, and in the
97 process thereof does not use physical force and violence likely
98 to cause serious personal injury commits a felony of the first
99 second degree, punishable as provided in s. 775.082, s. 775.083,
100 s. 775.084, or s. 794.0115.
101 (b) A person 18 years of age or older who commits sexual
102 battery upon a person 18 years of age or older, without that
103 person’s consent, and in the process does not use physical force
104 and violence likely to cause serious personal injury commits a
105 felony of the second degree, punishable as provided in s.
106 775.082, s. 775.083, s. 775.084, or s. 794.0115.
107 (c) A person younger than 18 years of age who commits
108 sexual battery upon a person 12 years of age or older, without
109 that person’s consent, and in the process does not use physical
110 force and violence likely to cause serious personal injury
111 commits a felony of the second degree, punishable as provided in
112 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
113 (d) If a person who has previously been convicted of a
114 violation of s. 787.01(2), s. 787.02(3), s. 800.04, s. 825.1025,
115 or s. 847.0135(5) or a violation of this chapter, excluding
116 subsection (10) of this section, commits sexual battery upon a
117 person 12 years of age or older, without that person’s consent,
118 and in the process does not use physical force and violence
119 likely to cause serious personal injury, such person commits a
120 felony of the first degree, punishable as provided in s.
121 775.082, s. 775.083, s. 775.084, or s. 794.0115.
122 (6)(a) The offenses offense described in paragraphs (5)(a)
123 (c) are subsection (5)is included in any sexual battery offense
124 charged under subsection (3) or subsection (4).
125 (b) The offense described in paragraph (5)(a) is included
126 in an offense charged under paragraph (4)(a).
127 (c) The offense described in paragraph (5)(b) is included
128 in an offense charged under paragraph (4)(b).
129 (d) The offense described in paragraph (5)(c) is included
130 in an offense charged under paragraph (4)(c).
131 (e) The offense described in paragraph (5)(d) is included
132 in an offense charged under paragraph (4)(d).
133 (8) Without regard to the willingness or consent of the
134 victim, which is not a defense to prosecution under this
135 subsection, a person who is in a position of familial or
136 custodial authority to a person less than 18 years of age and
137 who:
138 (b) Engages in any act with that person while the person is
139 12 years of age or older but younger less than 18 years of age
140 which constitutes sexual battery under paragraph (1)(h) commits
141 a felony of the first degree, punishable by a term of years not
142 exceeding life or as provided in s. 775.082, s. 775.083, or s.
143 775.084.
144 (9) For prosecution under paragraph (4)(a), paragraph
145 (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
146 offense committed under any of the circumstances listed in
147 subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
148 reasonably believed by the victim to be in a position of
149 authority or control does not constitute consent, and it is not
150 a defense that the perpetrator was not actually in a position of
151 control or authority if the circumstances were such as to lead
152 the victim to reasonably believe that the person was in such a
153 position.
154 (10) A Any person who falsely accuses a any person listed
155 in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
156 position of control or authority as an agent or employee of
157 government of violating paragraph (4)(a), paragraph (4)(b),
158 paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
159 of a felony of the third degree, punishable as provided in s.
160 775.082, s. 775.083, or s. 775.084.
161 Section 2. Subsections (4) and (5) of section 800.04,
162 Florida Statutes, are amended to read:
163 800.04 Lewd or lascivious offenses committed upon or in the
164 presence of persons less than 16 years of age.—
165 (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
166 (a) A person commits lewd or lascivious battery by:
167 1. Engaging in sexual activity with a person 12 years of
168 age or older but less than 16 years of age; or
169 2. Encouraging, forcing, or enticing any person less than
170 16 years of age to engage in sadomasochistic abuse, sexual
171 bestiality, prostitution, or any other act involving sexual
172 activity.
173 (b) Except as provided in paragraph (c), an offender who
174 commits lewd or lascivious battery commits a felony of the
175 second degree, punishable as provided in s. 775.082, s. 775.083,
176 or s. 775.084.
177 (c) An offender 18 years of age or older who commits lewd
178 or lascivious battery commits a felony of the first degree,
179 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
180 if the offender has previously been convicted of a violation of
181 this section or a violation of s. 787.01(2); s. 787.02(3);
182 chapter 794, excluding s. 794.011(10); s. 825.1025; or s.
183 847.0135(5).
184 (a) Engages in sexual activity with a person 12 years of
185 age or older but less than 16 years of age; or
186 (b) Encourages, forces, or entices any person less than 16
187 years of age to engage in sadomasochistic abuse, sexual
188 bestiality, prostitution, or any other act involving sexual
189 activity
190
191 commits lewd or lascivious battery, a felony of the second
192 degree, punishable as provided in s. 775.082, s. 775.083, or s.
193 775.084.
194 (5) LEWD OR LASCIVIOUS MOLESTATION.—
195 (a) A person who intentionally touches in a lewd or
196 lascivious manner the breasts, genitals, genital area, or
197 buttocks, or the clothing covering them, of a person less than
198 16 years of age, or forces or entices a person under 16 years of
199 age to so touch the perpetrator, commits lewd or lascivious
200 molestation.
201 (b) An offender 18 years of age or older who commits lewd
202 or lascivious molestation against a victim less than 12 years of
203 age commits a life felony, punishable as provided in s.
204 775.082(3)(a)4.
205 (c)1. An offender less than 18 years of age who commits
206 lewd or lascivious molestation against a victim less than 12
207 years of age; or
208 2. An offender 18 years of age or older who commits lewd or
209 lascivious molestation against a victim 12 years of age or older
210 but less than 16 years of age
211
212 commits a felony of the second degree, punishable as provided in
213 s. 775.082, s. 775.083, or s. 775.084.
214 (d) An offender less than 18 years of age who commits lewd
215 or lascivious molestation against a victim 12 years of age or
216 older but less than 16 years of age commits a felony of the
217 third degree, punishable as provided in s. 775.082, s. 775.083,
218 or s. 775.084.
219 (e) An offender 18 years of age or older who commits lewd
220 or lascivious molestation against a victim 12 years of age or
221 older but less than 16 years of age commits a felony of the
222 first degree, punishable as provided in s. 775.082, s. 775.083,
223 or s. 775.084, if the offender has previously been convicted of
224 a violation of this section or a violation of s. 787.01(2); s.
225 787.02(3); chapter 794, excluding s. 794.011(10); s. 825.1025;
226 or s. 847.0135(5).
227 Section 3. Paragraphs (g) through (i) of subsection (3) of
228 section 921.0022, Florida Statutes, are amended to read:
229 921.0022 Criminal Punishment Code; offense severity ranking
230 chart.—
231 (3) OFFENSE SEVERITY RANKING CHART
232 (g) LEVEL 7
233
234 FloridaStatute FelonyDegree Description
235 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
236 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
237 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
238 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
239 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
240 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
241 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
242 456.065(2) 3rd Practicing a health care profession without a license.
243 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
244 458.327(1) 3rd Practicing medicine without a license.
245 459.013(1) 3rd Practicing osteopathic medicine without a license.
246 460.411(1) 3rd Practicing chiropractic medicine without a license.
247 461.012(1) 3rd Practicing podiatric medicine without a license.
248 462.17 3rd Practicing naturopathy without a license.
249 463.015(1) 3rd Practicing optometry without a license.
250 464.016(1) 3rd Practicing nursing without a license.
251 465.015(2) 3rd Practicing pharmacy without a license.
252 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
253 467.201 3rd Practicing midwifery without a license.
254 468.366 3rd Delivering respiratory care services without a license.
255 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
256 483.901(9) 3rd Practicing medical physics without a license.
257 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
258 484.053 3rd Dispensing hearing aids without a license.
259 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
260 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
261 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
262 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
263 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
264 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
265 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
266 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
267 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
268 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
269 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
270 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
271 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
272 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
273 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
274 784.048(7) 3rd Aggravated stalking; violation of court order.
275 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
276 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
277 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
278 784.081(1) 1st Aggravated battery on specified official or employee.
279 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
280 784.083(1) 1st Aggravated battery on code inspector.
281 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
282 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
283 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
284 790.16(1) 1st Discharge of a machine gun under specified circumstances.
285 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
286 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
287 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
288 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
289 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
290 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
291 796.03 2nd Procuring any person under 16 years for prostitution.
292 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger less than 12 years of age; offender younger less than 18 years.
293 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger less than 16 years; offender 18 years or older.
294 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
295 806.01(2) 2nd Maliciously damage structure by fire or explosive.
296 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
297 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
298 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
299 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
300 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
301 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
302 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
303 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
304 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
305 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
306 812.131(2)(a) 2nd Robbery by sudden snatching.
307 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
308 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
309 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
310 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
311 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
312 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
313 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
314 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
315 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
316 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
317 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
318 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
319 838.015 2nd Bribery.
320 838.016 2nd Unlawful compensation or reward for official behavior.
321 838.021(3)(a) 2nd Unlawful harm to a public servant.
322 838.22 2nd Bid tampering.
323 843.0855(2) 3rd Impersonation of a public officer or employee.
324 843.0855(3) 3rd Unlawful simulation of legal process.
325 843.0855(4) 3rd Intimidation of a public officer or employee.
326 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
327 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
328 872.06 2nd Abuse of a dead human body.
329 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
330 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
331 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
332 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
333 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
334 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
335 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
336 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
337 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
338 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
339 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
340 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
341 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
342 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
343 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
344 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
345 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
346 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
347 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
348 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
349 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
350 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
351 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
352 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
353 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
354 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
355 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
356 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
357 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
358 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
359
360 (h) LEVEL 8
361
362 FloridaStatute FelonyDegree Description
363 316.193 (3)(c)3.a. 2nd DUI manslaughter.
364 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
365 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
366 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
367 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
368 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
369 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
370 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
371 777.03(2)(a) 1st Accessory after the fact, capital felony.
372 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
373 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
374 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
375 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
376 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
377 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
378 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
379 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
380 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
381 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
382 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
383 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
384 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
385 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
386 800.04(4)(b) 2nd Lewd or lascivious battery.
387 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
388 800.04(4) 2nd Lewd or lascivious battery.
389 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
390 810.02(2)(a) 1st,PBL Burglary with assault or battery.
391 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
392 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
393 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
394 812.13(2)(b) 1st Robbery with a weapon.
395 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
396 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
397 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
398 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
399 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
400 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
401 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
402 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
403 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
404 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
405 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
406 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
407 860.16 1st Aircraft piracy.
408 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
409 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
410 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
411 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
412 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
413 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
414 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
415 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
416 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
417 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
418 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
419 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
420 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
421 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
422 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
423 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
424 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
425 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
426 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
427
428 (i) LEVEL 9
429
430 FloridaStatute FelonyDegree Description
431 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
432 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
433 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
434 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
435 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
436 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
437 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
438 775.0844 1st Aggravated white collar crime.
439 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
440 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
441 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
442 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
443 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
444 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
445 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
446 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
447 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
448 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
449 787.06(4) 1st Selling or buying of minors into human trafficking.
450 790.161 1st Attempted capital destructive device offense.
451 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
452 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
453 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
454 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
455 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
456 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
457 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
458 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
459 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
460 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
461 796.035 1st Selling or buying of minors into prostitution.
462 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
463 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
464 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
465 812.135(2)(b) 1st Home-invasion robbery with weapon.
466 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
467 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
468 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
469 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
470 827.03(2)(a) 1st Aggravated child abuse.
471 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
472 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
473 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
474 893.135 1st Attempted capital trafficking offense.
475 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
476 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
477 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
478 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
479 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
480 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
481 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
482 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
483 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
484 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
485 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
486
487 Section 4. Section 921.0024, Florida Statutes, is amended
488 to read:
489 921.0024 Criminal Punishment Code; worksheet computations;
490 scoresheets.—
491 (1)(a) The Criminal Punishment Code worksheet is used to
492 compute the subtotal and total sentence points as follows:
493
494 FLORIDA CRIMINAL PUNISHMENT CODE
495 WORKSHEET
496
497 OFFENSE SCORE
498
499 Primary Offense
500 Level Sentence Points Total
501 10 116 = ........
502 9 92 = ........
503 8 74 = ........
504 7 56 = ........
505 6 36 = ........
506 5 28 = ........
507 4 22 = ........
508 3 16 = ........
509 2 10 = ........
510 1 4 = ........
511
512 Total
513
514
515 Additional Offenses
516 Level Sentence Points Counts Total
517 10 58 x .... = ....
518 9 46 x .... = ....
519 8 37 x .... = ....
520 7 28 x .... = ....
521 6 18 x .... = ....
522 5 5.4 x .... = ....
523 4 3.6 x .... = ....
524 3 2.4 x .... = ....
525 2 1.2 x .... = ....
526 1 0.7 x .... = ....
527 M 0.2 x .... = ....
528
529 Total
530
531
532 Victim Injury
533 Level Sentence Points Number Total
534 2nd degreemurder-death 240 x .... = ....
535 Death 120 x .... = ....
536 Severe 40 x .... = ....
537 Moderate 18 x .... = ....
538 Slight 4 x .... = ....
539 Sexual penetration 80 x .... = ....
540 Sexual contact 40 x .... = ....
541
542 Total
543
544 Primary Offense + Additional Offenses + Victim Injury =
545 TOTAL OFFENSE SCORE
546
547 PRIOR RECORD SCORE
548
549 Prior Record
550 Level Sentence Points Number Total
551 10 29 x .... = ....
552 9 23 x .... = ....
553 8 19 x .... = ....
554 7 14 x .... = ....
555 6 9 x .... = ....
556 5 3.6 x .... = ....
557 4 2.4 x .... = ....
558 3 1.6 x .... = ....
559 2 0.8 x .... = ....
560 1 0.5 x .... = ....
561 M 0.2 x .... = ....
562
563 Total
564
565 TOTAL OFFENSE SCORE...........................................
566 TOTAL PRIOR RECORD SCORE......................................
567
568 LEGAL STATUS..................................................
569 COMMUNITY SANCTION VIOLATION..................................
570 PRIOR SERIOUS FELONY..........................................
571 PRIOR CAPITAL FELONY..........................................
572 FIREARM OR SEMIAUTOMATIC WEAPON...............................
573 SUBTOTAL........
574
575 PRISON RELEASEE REOFFENDER (no)(yes)..........................
576 VIOLENT CAREER CRIMINAL (no)(yes).............................
577 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
578 HABITUAL OFFENDER (no)(yes)...................................
579 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
580 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
581 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
582 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
583 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
584 (x multiplier)..................................................
585 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
586 ................................................................
587 TOTAL SENTENCE POINTS........
588
589 (b) WORKSHEET KEY:
590
591 Legal status points are assessed when any form of legal status
592 existed at the time the offender committed an offense before the
593 court for sentencing. Four (4) sentence points are assessed for
594 an offender’s legal status.
595
596 Community sanction violation points are assessed when a
597 community sanction violation is before the court for sentencing.
598 Six (6) sentence points are assessed for each community sanction
599 violation and each successive community sanction violation,
600 unless any of the following apply:
601 1. If the community sanction violation includes a new
602 felony conviction before the sentencing court, twelve (12)
603 community sanction violation points are assessed for the
604 violation, and for each successive community sanction violation
605 involving a new felony conviction.
606 2. If the community sanction violation is committed by a
607 violent felony offender of special concern as defined in s.
608 948.06:
609 a. Twelve (12) community sanction violation points are
610 assessed for the violation and for each successive violation of
611 felony probation or community control where:
612 I. The violation does not include a new felony conviction;
613 and
614 II. The community sanction violation is not based solely on
615 the probationer or offender’s failure to pay costs or fines or
616 make restitution payments.
617 b. Twenty-four (24) community sanction violation points are
618 assessed for the violation and for each successive violation of
619 felony probation or community control where the violation
620 includes a new felony conviction.
621
622 Multiple counts of community sanction violations before the
623 sentencing court shall not be a basis for multiplying the
624 assessment of community sanction violation points.
625
626 Prior serious felony points: If the offender has a primary
627 offense or any additional offense ranked in level 8, level 9, or
628 level 10, and one or more prior serious felonies, a single
629 assessment of thirty (30) points shall be added. For purposes of
630 this section, a prior serious felony is an offense in the
631 offender’s prior record that is ranked in level 8, level 9, or
632 level 10 under s. 921.0022 or s. 921.0023 and for which the
633 offender is serving a sentence of confinement, supervision, or
634 other sanction or for which the offender’s date of release from
635 confinement, supervision, or other sanction, whichever is later,
636 is within 3 years before the date the primary offense or any
637 additional offense was committed.
638
639 Prior capital felony points: If the offender has one or more
640 prior capital felonies in the offender’s criminal record, points
641 shall be added to the subtotal sentence points of the offender
642 equal to twice the number of points the offender receives for
643 the primary offense and any additional offense. A prior capital
644 felony in the offender’s criminal record is a previous capital
645 felony offense for which the offender has entered a plea of nolo
646 contendere or guilty or has been found guilty; or a felony in
647 another jurisdiction which is a capital felony in that
648 jurisdiction, or would be a capital felony if the offense were
649 committed in this state.
650
651 Possession of a firearm, semiautomatic firearm, or machine gun:
652 If the offender is convicted of committing or attempting to
653 commit any felony other than those enumerated in s. 775.087(2)
654 while having in his or her possession: a firearm as defined in
655 s. 790.001(6), an additional eighteen (18) sentence points are
656 assessed; or if the offender is convicted of committing or
657 attempting to commit any felony other than those enumerated in
658 s. 775.087(3) while having in his or her possession a
659 semiautomatic firearm as defined in s. 775.087(3) or a machine
660 gun as defined in s. 790.001(9), an additional twenty-five (25)
661 sentence points are assessed.
662
663 Sentencing multipliers:
664
665 Drug trafficking: If the primary offense is drug trafficking
666 under s. 893.135, the subtotal sentence points are multiplied,
667 at the discretion of the court, for a level 7 or level 8
668 offense, by 1.5. The state attorney may move the sentencing
669 court to reduce or suspend the sentence of a person convicted of
670 a level 7 or level 8 offense, if the offender provides
671 substantial assistance as described in s. 893.135(4).
672
673 Law enforcement protection: If the primary offense is a
674 violation of the Law Enforcement Protection Act under s.
675 775.0823(2), (3), or (4), the subtotal sentence points are
676 multiplied by 2.5. If the primary offense is a violation of s.
677 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
678 are multiplied by 2.0. If the primary offense is a violation of
679 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
680 Protection Act under s. 775.0823(10) or (11), the subtotal
681 sentence points are multiplied by 1.5.
682
683 Grand theft of a motor vehicle: If the primary offense is grand
684 theft of the third degree involving a motor vehicle and in the
685 offender’s prior record, there are three or more grand thefts of
686 the third degree involving a motor vehicle, the subtotal
687 sentence points are multiplied by 1.5.
688
689 Offense related to a criminal gang: If the offender is convicted
690 of the primary offense and committed that offense for the
691 purpose of benefiting, promoting, or furthering the interests of
692 a criminal gang as defined in s. 874.03, the subtotal sentence
693 points are multiplied by 1.5. If applying the multiplier results
694 in the lowest permissible sentence exceeding the statutory
695 maximum sentence for the primary offense under chapter 775, the
696 court may not apply the multiplier and must sentence the
697 defendant to the statutory maximum sentence.
698
699 Domestic violence in the presence of a child: If the offender is
700 convicted of the primary offense and the primary offense is a
701 crime of domestic violence, as defined in s. 741.28, which was
702 committed in the presence of a child under 16 years of age who
703 is a family or household member as defined in s. 741.28(3) with
704 the victim or perpetrator, the subtotal sentence points are
705 multiplied by 1.5.
706
707 Adult-on-minor sex offense: If the offender was 18 years of age
708 or older and the victim was younger than 18 years of age at the
709 time the offender committed the primary offense, and if the
710 primary offense was an offense committed on or after October 1,
711 2014, and is a violation of s. 787.01(2), which includes a
712 sexual battery or lewd act as described in s. 787.01(2)(a)2. and
713 3.; s. 787.02(3), which includes a sexual battery or lewd act as
714 described in s. 787.02(3)(a)2. and 3.; s. 794.011, excluding s.
715 794.011(10); s. 794.05; s. 800.04; or s. 847.0135(5), the
716 subtotal sentence points are multiplied by 2.0. If applying the
717 multiplier results in the lowest permissible sentence exceeding
718 the statutory maximum sentence for the primary offense under
719 chapter 775, the court may not apply the multiplier and must
720 sentence the defendant to the statutory maximum sentence.
721 (2) The lowest permissible sentence is the minimum sentence
722 that may be imposed by the trial court, absent a valid reason
723 for departure. The lowest permissible sentence is any nonstate
724 prison sanction in which the total sentence points equals or is
725 less than 44 points, unless the court determines within its
726 discretion that a prison sentence, which may be up to the
727 statutory maximums for the offenses committed, is appropriate.
728 When the total sentence points exceeds 44 points, the lowest
729 permissible sentence in prison months shall be calculated by
730 subtracting 28 points from the total sentence points and
731 decreasing the remaining total by 25 percent. The total sentence
732 points shall be calculated only as a means of determining the
733 lowest permissible sentence. The permissible range for
734 sentencing shall be the lowest permissible sentence up to and
735 including the statutory maximum, as defined in s. 775.082, for
736 the primary offense and any additional offenses before the court
737 for sentencing. The sentencing court may impose such sentences
738 concurrently or consecutively. However, any sentence to state
739 prison must exceed 1 year. If the lowest permissible sentence
740 under the code exceeds the statutory maximum sentence as
741 provided in s. 775.082, the sentence required by the code must
742 be imposed. If the total sentence points are greater than or
743 equal to 363, the court may sentence the offender to life
744 imprisonment. An offender sentenced to life imprisonment under
745 this section is not eligible for any form of discretionary early
746 release, except executive clemency or conditional medical
747 release under s. 947.149.
748 (3) A single scoresheet shall be prepared for each
749 defendant to determine the permissible range for the sentence
750 that the court may impose, except that if the defendant is
751 before the court for sentencing for more than one felony and the
752 felonies were committed under more than one version or revision
753 of the guidelines or the code, separate scoresheets must be
754 prepared. The scoresheet or scoresheets must cover all the
755 defendant’s offenses pending before the court for sentencing.
756 The state attorney shall prepare the scoresheet or scoresheets,
757 which must be presented to the defense counsel for review for
758 accuracy in all cases unless the judge directs otherwise. The
759 defendant’s scoresheet or scoresheets must be approved and
760 signed by the sentencing judge.
761 (4) The Department of Corrections, in consultation with the
762 Office of the State Courts Administrator, state attorneys, and
763 public defenders, must develop and submit the revised Criminal
764 Punishment Code scoresheet to the Supreme Court for approval by
765 June 15 of each year, as necessary. Upon the Supreme Court’s
766 approval of the revised scoresheet, the Department of
767 Corrections shall produce and provide sufficient copies of the
768 revised scoresheets by September 30 of each year, as necessary.
769 Scoresheets must include item entries for the scoresheet
770 preparer’s use in indicating whether any prison sentence imposed
771 includes a mandatory minimum sentence or the sentence imposed
772 was a downward departure from the lowest permissible sentence
773 under the Criminal Punishment Code.
774 (5) The Department of Corrections shall distribute
775 sufficient copies of the Criminal Punishment Code scoresheets to
776 those persons charged with the responsibility for preparing
777 scoresheets.
778 (6) The clerk of the circuit court shall transmit a
779 complete, accurate, and legible copy of the Criminal Punishment
780 Code scoresheet used in each sentencing proceeding to the
781 Department of Corrections. Scoresheets must be transmitted no
782 less frequently than monthly, by the first of each month, and
783 may be sent collectively.
784 (7) A sentencing scoresheet must be prepared for every
785 defendant who is sentenced for a felony offense. A copy of the
786 individual offender’s Criminal Punishment Code scoresheet and
787 any attachments thereto prepared pursuant to Rule 3.701, Rule
788 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
789 any other rule pertaining to the preparation and submission of
790 felony sentencing scoresheets, must be attached to the copy of
791 the uniform judgment and sentence form provided to the
792 Department of Corrections.
793 Section 5. Section 921.30, Florida Statutes, is created to
794 read:
795 921.30 Court finding that offense was sexually motivated.
796 For offenses other than those specifically defined as a sexually
797 violent offense in s. 394.912(9)(a)-(f), the state attorney may
798 move the court to make a written finding on the record that,
799 based on the circumstances of the case, including consideration
800 of a victim impact statement, the person’s offense was sexually
801 motivated.
802 Section 6. Paragraph (e) is added to subsection (4) of
803 section 944.275, Florida Statutes, to read:
804 944.275 Gain-time.—
805 (4)
806 (e) Notwithstanding subparagraph (b)3., for sentences
807 imposed for offenses committed on or after October 1, 2014, the
808 department may not grant incentive gain-time if the offense is a
809 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
810 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
811 794.05; s. 800.04; s. 825.1025; or s. 847.0135(5).
812 Section 7. Subsection (13) is added to section 947.1405,
813 Florida Statutes, to read:
814 947.1405 Conditional release program.—
815 (13) If a person who is transferred to the custody of the
816 Department of Children and Families pursuant to part V of
817 chapter 394 is subject to conditional release supervision, the
818 period of conditional release supervision is tolled until such
819 person is no longer in the custody of the Department of Children
820 and Families. This subsection applies to all periods of
821 conditional release supervision which begin on or after October
822 1, 2014, regardless of the date of the underlying offense.
823 Section 8. Subsection (1) of section 948.012, Florida
824 Statutes, is amended, and subsections (5) and (6) are added to
825 that section, to read:
826 948.012 Split sentence of probation or community control
827 and imprisonment.—
828 (1) If Whenever punishment by imprisonment for a
829 misdemeanor or a felony, except for a capital felony, is
830 prescribed, the court, in its discretion, may, at the time of
831 sentencing, impose a split sentence whereby the defendant is to
832 be placed on probation or, with respect to any such felony, into
833 community control upon completion of any specified period of
834 such sentence which may include a term of years or less. In such
835 case, the court shall stay and withhold the imposition of the
836 remainder of sentence imposed upon the defendant and direct that
837 the defendant be placed upon probation or into community control
838 after serving such period as may be imposed by the court. Except
839 as provided in subsection (6), the period of probation or
840 community control shall commence immediately upon the release of
841 the defendant from incarceration, whether by parole or gain-time
842 allowances.
843 (5)(a) Effective for offenses committed on or after October
844 1, 2014, if the court imposes a term of years in accordance with
845 s. 775.082 which is less than the maximum sentence for the
846 offense, the court must impose a split sentence pursuant to
847 subsection (1) for any person who is convicted of a violation
848 of:
849 1. Section 782.04(1)(a)2.c.;
850 2. Section 787.01(3)(a)2. or 3.;
851 3. Section 787.02(3)(a)2. or 3.;
852 4. Section 794.011, excluding s. 794.011(10);
853 5. Section 794.05;
854 6. Section 800.04;
855 7. Section 825.1025; or
856 8. Section 847.0135(5).
857 (b) The probation or community control portion of the split
858 sentence imposed by the court must extend for at least 2 years.
859 However, if the term of years imposed by the court extends to
860 within 2 years of the maximum sentence for the offense, the
861 probation or community control portion of the split sentence
862 must extend for the remainder of the maximum sentence.
863 (6) If a defendant who has been sentenced to a split
864 sentence pursuant to subsection (1) is transferred to the
865 custody of the Department of Children and Families pursuant to
866 part V of chapter 394, the period of probation or community
867 control is tolled until such person is no longer in the custody
868 of the Department of Children and Families. This subsection
869 applies to all sentences of probation or community control which
870 begin on or after October 1, 2014, regardless of the date of the
871 underlying offense.
872 Section 9. If any provision of this act or its application
873 to any person or circumstance is held invalid, the invalidity
874 does not affect other provisions or applications of this act
875 which can be given effect without the invalid provision or
876 application, and to this end the provisions of this act are
877 severable.
878 Section 10. This act shall take effect October 1, 2014.