Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 228
       
       
       
       
       
       
                                Ì812936<Î812936                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  10/05/2015           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 15 - 227
    4  and insert:
    5         Section 2. Subsections (2), (3), and (6) of section
    6  775.087, Florida Statutes, are amended to read:
    7         775.087 Possession or use of weapon; aggravated battery;
    8  felony reclassification; minimum sentence.—
    9         (2)(a)1. Any person who is convicted of a felony or an
   10  attempt to commit a felony, regardless of whether the use of a
   11  weapon is an element of the felony, and the conviction was for:
   12         a. Murder;
   13         b. Sexual battery;
   14         c. Robbery;
   15         d. Burglary;
   16         e. Arson;
   17         f. Aggravated assault;
   18         f.g. Aggravated battery;
   19         g.h. Kidnapping;
   20         h.i. Escape;
   21         i.j. Aircraft piracy;
   22         j.k. Aggravated child abuse;
   23         k.l. Aggravated abuse of an elderly person or disabled
   24  adult;
   25         l.m. Unlawful throwing, placing, or discharging of a
   26  destructive device or bomb;
   27         m.n. Carjacking;
   28         n.o. Home-invasion robbery;
   29         o.p. Aggravated stalking;
   30         p.q. Trafficking in cannabis, trafficking in cocaine,
   31  capital importation of cocaine, trafficking in illegal drugs,
   32  capital importation of illegal drugs, trafficking in
   33  phencyclidine, capital importation of phencyclidine, trafficking
   34  in methaqualone, capital importation of methaqualone,
   35  trafficking in amphetamine, capital importation of amphetamine,
   36  trafficking in flunitrazepam, trafficking in gamma
   37  hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
   38  trafficking in Phenethylamines, or other violation of s.
   39  893.135(1); or
   40         q.r. Possession of a firearm by a felon
   41  
   42  and during the commission of the offense, such person actually
   43  possessed a “firearm” or “destructive device” as those terms are
   44  defined in s. 790.001, shall be sentenced to a minimum term of
   45  imprisonment of 10 years, except that a person who is convicted
   46  for aggravated assault, possession of a firearm by a felon, or
   47  burglary of a conveyance shall be sentenced to a minimum term of
   48  imprisonment of 3 years if such person possessed a “firearm” or
   49  “destructive device” during the commission of the offense.
   50  However, if an offender who is convicted of the offense of
   51  possession of a firearm by a felon has a previous conviction of
   52  committing or attempting to commit a felony listed in s.
   53  775.084(1)(b)1. and actually possessed a firearm or destructive
   54  device during the commission of the prior felony, the offender
   55  shall be sentenced to a minimum term of imprisonment of 10
   56  years.
   57         2. Any person who is convicted of a felony or an attempt to
   58  commit a felony listed in sub-subparagraphs (a)1.a.-p. (a)1.a.
   59  q., regardless of whether the use of a weapon is an element of
   60  the felony, and during the course of the commission of the
   61  felony such person discharged a “firearm” or “destructive
   62  device” as defined in s. 790.001 shall be sentenced to a minimum
   63  term of imprisonment of 20 years.
   64         3. Any person who is convicted of a felony or an attempt to
   65  commit a felony listed in sub-subparagraphs (a)1.a.-p. (a)1.a.
   66  q., regardless of whether the use of a weapon is an element of
   67  the felony, and during the course of the commission of the
   68  felony such person discharged a “firearm” or “destructive
   69  device” as defined in s. 790.001 and, as the result of the
   70  discharge, death or great bodily harm was inflicted upon any
   71  person, the convicted person shall be sentenced to a minimum
   72  term of imprisonment of not less than 25 years and not more than
   73  a term of imprisonment of life in prison.
   74         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
   75  (a)3. does not prevent a court from imposing a longer sentence
   76  of incarceration as authorized by law in addition to the minimum
   77  mandatory sentence, or from imposing a sentence of death
   78  pursuant to other applicable law. Subparagraph (a)1.,
   79  subparagraph (a)2., or subparagraph (a)3. does not authorize a
   80  court to impose a lesser sentence than otherwise required by
   81  law.
   82  
   83  Notwithstanding s. 948.01, adjudication of guilt or imposition
   84  of sentence shall not be suspended, deferred, or withheld, and
   85  the defendant is not eligible for statutory gain-time under s.
   86  944.275 or any form of discretionary early release, other than
   87  pardon or executive clemency, or conditional medical release
   88  under s. 947.149, prior to serving the minimum sentence.
   89         (c) If the minimum mandatory terms of imprisonment imposed
   90  pursuant to this section exceed the maximum sentences authorized
   91  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
   92  chapter 921, then the mandatory minimum sentence must be
   93  imposed. If the mandatory minimum terms of imprisonment pursuant
   94  to this section are less than the sentences that could be
   95  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
   96  Punishment Code under chapter 921, then the sentence imposed by
   97  the court must include the mandatory minimum term of
   98  imprisonment as required in this section.
   99         (d) It is the intent of the Legislature that offenders who
  100  actually possess, carry, display, use, threaten to use, or
  101  attempt to use firearms or destructive devices be punished to
  102  the fullest extent of the law, and the minimum terms of
  103  imprisonment imposed pursuant to this subsection shall be
  104  imposed for each qualifying felony count for which the person is
  105  convicted. The court shall impose any term of imprisonment
  106  provided for in this subsection consecutively to any other term
  107  of imprisonment imposed for any other felony offense.
  108         (3)(a)1. Any person who is convicted of a felony or an
  109  attempt to commit a felony, regardless of whether the use of a
  110  firearm is an element of the felony, and the conviction was for:
  111         a. Murder;
  112         b. Sexual battery;
  113         c. Robbery;
  114         d. Burglary;
  115         e. Arson;
  116         f. Aggravated assault;
  117         f.g. Aggravated battery;
  118         g.h. Kidnapping;
  119         h.i. Escape;
  120         i.j. Sale, manufacture, delivery, or intent to sell,
  121  manufacture, or deliver any controlled substance;
  122         j.k. Aircraft piracy;
  123         k.l. Aggravated child abuse;
  124         l.m. Aggravated abuse of an elderly person or disabled
  125  adult;
  126         m.n. Unlawful throwing, placing, or discharging of a
  127  destructive device or bomb;
  128         n.o. Carjacking;
  129         o.p. Home-invasion robbery;
  130         p.q. Aggravated stalking; or
  131         q.r. Trafficking in cannabis, trafficking in cocaine,
  132  capital importation of cocaine, trafficking in illegal drugs,
  133  capital importation of illegal drugs, trafficking in
  134  phencyclidine, capital importation of phencyclidine, trafficking
  135  in methaqualone, capital importation of methaqualone,
  136  trafficking in amphetamine, capital importation of amphetamine,
  137  trafficking in flunitrazepam, trafficking in gamma
  138  hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
  139  trafficking in Phenethylamines, or other violation of s.
  140  893.135(1);
  141  
  142  and during the commission of the offense, such person possessed
  143  a semiautomatic firearm and its high-capacity detachable box
  144  magazine or a machine gun as defined in s. 790.001, shall be
  145  sentenced to a minimum term of imprisonment of 15 years.
  146         2. Any person who is convicted of a felony or an attempt to
  147  commit a felony listed in subparagraph (a)1., regardless of
  148  whether the use of a weapon is an element of the felony, and
  149  during the course of the commission of the felony such person
  150  discharged a semiautomatic firearm and its high-capacity box
  151  magazine or a “machine gun” as defined in s. 790.001 shall be
  152  sentenced to a minimum term of imprisonment of 20 years.
  153         3. Any person who is convicted of a felony or an attempt to
  154  commit a felony listed in subparagraph (a)1., regardless of
  155  whether the use of a weapon is an element of the felony, and
  156  during the course of the commission of the felony such person
  157  discharged a semiautomatic firearm and its high-capacity box
  158  magazine or a “machine gun” as defined in s. 790.001 and, as the
  159  result of the discharge, death or great bodily harm was
  160  inflicted upon any person, the convicted person shall be
  161  sentenced to a minimum term of imprisonment of not less than 25
  162  years and not more than a term of imprisonment of life in
  163  prison.
  164         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  165  (a)3. does not prevent a court from imposing a longer sentence
  166  of incarceration as authorized by law in addition to the minimum
  167  mandatory sentence, or from imposing a sentence of death
  168  pursuant to other applicable law. Subparagraph (a)1.,
  169  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  170  court to impose a lesser sentence than otherwise required by
  171  law.
  172  
  173  Notwithstanding s. 948.01, adjudication of guilt or imposition
  174  of sentence shall not be suspended, deferred, or withheld, and
  175  the defendant is not eligible for statutory gain-time under s.
  176  944.275 or any form of discretionary early release, other than
  177  pardon or executive clemency, or conditional medical release
  178  under s. 947.149, prior to serving the minimum sentence.
  179         (c) If the minimum mandatory terms of imprisonment imposed
  180  pursuant to this section exceed the maximum sentences authorized
  181  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
  182  chapter 921, then the mandatory minimum sentence must be
  183  imposed. If the mandatory minimum terms of imprisonment pursuant
  184  to this section are less than the sentences that could be
  185  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
  186  Punishment Code under chapter 921, then the sentence imposed by
  187  the court must include the mandatory minimum term of
  188  imprisonment as required in this section.
  189         (d) It is the intent of the Legislature that offenders who
  190  possess, carry, display, use, threaten to use, or attempt to use
  191  a semiautomatic firearm and its high-capacity detachable box
  192  magazine or a machine gun as defined in s. 790.001 be punished
  193  to the fullest extent of the law, and the minimum terms of
  194  imprisonment imposed pursuant to this subsection shall be
  195  imposed for each qualifying felony count for which the person is
  196  convicted. The court shall impose any term of imprisonment
  197  provided for in this subsection consecutively to any other term
  198  of imprisonment imposed for any other felony offense.
  199         (e) As used in this subsection, the term:
  200         1. “High-capacity detachable box magazine” means any
  201  detachable box magazine, for use in a semiautomatic firearm,
  202  which is capable of being loaded with more than 20 centerfire
  203  cartridges.
  204         2. “Semiautomatic firearm” means a firearm which is capable
  205  of firing a series of rounds by separate successive depressions
  206  of the trigger and which uses the energy of discharge to perform
  207  a portion of the operating cycle.
  208         (6) Notwithstanding s. 27.366, the sentencing court shall
  209  not impose the mandatory minimum sentence required by subsection
  210  (2) or subsection (3) for a conviction for aggravated assault if
  211  the court makes written findings that:
  212         (a) The defendant had a good faith belief that the use or
  213  threatened use of force aggravated assault was justifiable
  214  pursuant to chapter 776.
  215         (b) The aggravated assault was not committed in the course
  216  of committing another criminal offense.
  217         (b)(c) The defendant does not pose a threat to public
  218  safety.
  219         (c)(d) The totality of the circumstances involved in the
  220  offense does do not justify the imposition of such sentence.
  221         Section 3. Paragraph (d) of subsection (2) of section
  222  985.557, Florida Statutes, is amended to read:
  223         985.557 Direct filing of an information; discretionary and
  224  mandatory criteria.—
  225         (2) MANDATORY DIRECT FILE.—
  226         (d)1. With respect to any child who was 16 or 17 years of
  227  age at the time the alleged offense was committed, the state
  228  attorney shall file an information if the child has been charged
  229  with committing or attempting to commit an offense listed in s.
  230  775.087(2)(a)1.a.-p. s. 775.087(2)(a)1.a.-q., and, during the
  231  commission of or attempt to commit the offense, the child:
  232         a. Actually possessed a firearm or destructive device, as
  233  those terms are defined in s. 790.001.
  234         b. Discharged a firearm or destructive device, as described
  235  in s. 775.087(2)(a)2.
  236         c. Discharged a firearm or destructive device, as described
  237  in s. 775.087(2)(a)3., and, as a result of the discharge, death
  238  or great bodily harm was inflicted upon any person.
  239         2. Upon transfer, any child who is:
  240         a. Charged under sub-subparagraph 1.a. and who has been
  241  previously adjudicated or had adjudication withheld for a
  242  forcible felony offense or any offense involving a firearm, or
  243  who has been previously placed in a residential commitment
  244  program, shall be subject to sentencing under s. 775.087(2)(a),
  245  notwithstanding s. 985.565.
  246         b. Charged under sub-subparagraph 1.b. or sub-subparagraph
  247  1.c., shall be subject to sentencing under s. 775.087(2)(a),
  248  notwithstanding s. 985.565.
  249         3. Upon transfer, any child who is charged under this
  250  paragraph, but who does not meet the requirements specified in
  251  subparagraph 2., shall be sentenced under s. 985.565; however,
  252  if the court imposes a juvenile sanction, the court must commit
  253  the child to a high-risk or maximum-risk juvenile facility.
  254         4. This paragraph shall not apply if the state attorney has
  255  good cause to believe that exceptional circumstances exist that
  256  preclude the just prosecution of the child in adult court.
  257         5. The Department of Corrections shall make every
  258  reasonable effort to ensure that any child 16 or 17 years of age
  259  who is convicted and sentenced under this paragraph be
  260  completely separated such that there is no physical contact with
  261  adult offenders in the facility, to the extent that it is
  262  consistent with chapter 958.
  263         Section 4. For the purpose of incorporating the amendment
  264  made by this act to section 775.087, Florida Statutes, in a
  265  reference thereto, section 27.366, Florida Statutes, is
  266  reenacted to read:
  267         27.366 Legislative intent and policy in cases meeting
  268  criteria of s. 775.087(2) and (3).—It is the intent of the
  269  Legislature that convicted criminal offenders who meet the
  270  criteria in s. 775.087(2) and (3) be sentenced to the minimum
  271  mandatory prison terms provided therein. It is the intent of the
  272  Legislature to establish zero tolerance of criminals who use,
  273  threaten to use, or avail themselves of firearms in order to
  274  commit crimes and thereby demonstrate their lack of value for
  275  human life. It is also the intent of the Legislature that
  276  prosecutors should appropriately exercise their discretion in
  277  those cases in which the offenders’ possession of the firearm is
  278  incidental to the commission of a crime and not used in
  279  furtherance of the crime, used in order to commit the crime, or
  280  used in preparation to commit the crime. For every case in which
  281  the offender meets the criteria in this act and does not receive
  282  the mandatory minimum prison sentence, the state attorney must
  283  explain the sentencing deviation in writing and place such
  284  explanation in the case file maintained by the state attorney.
  285         Section 5. For the purpose of incorporating the amendment
  286  made by this act to section 775.087, Florida Statutes, in a
  287  reference thereto, subsection (2) of section 921.0022, Florida
  288  Statutes, is reenacted to read:
  289         921.0022 Criminal Punishment Code; offense severity ranking
  290  chart.—
  291         (2) The offense severity ranking chart has 10 offense
  292  levels, ranked from least severe, which are level 1 offenses, to
  293  most severe, which are level 10 offenses, and each felony
  294  offense is assigned to a level according to the severity of the
  295  offense. For purposes of determining which felony offenses are
  296  specifically listed in the offense severity ranking chart and
  297  which severity level has been assigned to each of these
  298  offenses, the numerical statutory references in the left column
  299  of the chart and the felony degree designations in the middle
  300  column of the chart are controlling; the language in the right
  301  column of the chart is provided solely for descriptive purposes.
  302  Reclassification of the degree of the felony through the
  303  application of s. 775.0845, s. 775.0861, s. 775.0862, s.
  304  775.087, s. 775.0875, s. 794.023, or any other law that provides
  305  an enhanced penalty for a felony offense, to any offense listed
  306  in the offense severity ranking chart in this section shall not
  307  cause the offense to become unlisted and is not subject to the
  308  provisions of s. 921.0023.
  309         Section 6. For the purpose of incorporating the amendment
  310  made by this act to section 775.087, Florida Statutes, in a
  311  reference thereto, paragraph (b) of subsection (1) of section
  312  921.0024, Florida Statutes, is reenacted to read:
  313         921.0024 Criminal Punishment Code; worksheet computations;
  314  scoresheets.—
  315         (1)
  316         (b) WORKSHEET KEY:
  317  
  318  Legal status points are assessed when any form of legal status
  319  existed at the time the offender committed an offense before the
  320  court for sentencing. Four (4) sentence points are assessed for
  321  an offender’s legal status.
  322  
  323  Community sanction violation points are assessed when a
  324  community sanction violation is before the court for sentencing.
  325  Six (6) sentence points are assessed for each community sanction
  326  violation and each successive community sanction violation,
  327  unless any of the following apply:
  328         1. If the community sanction violation includes a new
  329  felony conviction before the sentencing court, twelve (12)
  330  community sanction violation points are assessed for the
  331  violation, and for each successive community sanction violation
  332  involving a new felony conviction.
  333         2. If the community sanction violation is committed by a
  334  violent felony offender of special concern as defined in s.
  335  948.06:
  336         a. Twelve (12) community sanction violation points are
  337  assessed for the violation and for each successive violation of
  338  felony probation or community control where:
  339         I. The violation does not include a new felony conviction;
  340  and
  341         II. The community sanction violation is not based solely on
  342  the probationer or offender’s failure to pay costs or fines or
  343  make restitution payments.
  344         b. Twenty-four (24) community sanction violation points are
  345  assessed for the violation and for each successive violation of
  346  felony probation or community control where the violation
  347  includes a new felony conviction.
  348  
  349  Multiple counts of community sanction violations before the
  350  sentencing court shall not be a basis for multiplying the
  351  assessment of community sanction violation points.
  352  
  353  Prior serious felony points: If the offender has a primary
  354  offense or any additional offense ranked in level 8, level 9, or
  355  level 10, and one or more prior serious felonies, a single
  356  assessment of thirty (30) points shall be added. For purposes of
  357  this section, a prior serious felony is an offense in the
  358  offender’s prior record that is ranked in level 8, level 9, or
  359  level 10 under s. 921.0022 or s. 921.0023 and for which the
  360  offender is serving a sentence of confinement, supervision, or
  361  other sanction or for which the offender’s date of release from
  362  confinement, supervision, or other sanction, whichever is later,
  363  is within 3 years before the date the primary offense or any
  364  additional offense was committed.
  365  
  366  Prior capital felony points: If the offender has one or more
  367  prior capital felonies in the offender’s criminal record, points
  368  shall be added to the subtotal sentence points of the offender
  369  equal to twice the number of points the offender receives for
  370  the primary offense and any additional offense. A prior capital
  371  felony in the offender’s criminal record is a previous capital
  372  felony offense for which the offender has entered a plea of nolo
  373  contendere or guilty or has been found guilty; or a felony in
  374  another jurisdiction which is a capital felony in that
  375  jurisdiction, or would be a capital felony if the offense were
  376  committed in this state.
  377  
  378  Possession of a firearm, semiautomatic firearm, or machine gun:
  379  If the offender is convicted of committing or attempting to
  380  commit any felony other than those enumerated in s. 775.087(2)
  381  while having in his or her possession: a firearm as defined in
  382  s. 790.001(6), an additional eighteen (18) sentence points are
  383  assessed; or if the offender is convicted of committing or
  384  attempting to commit any felony other than those enumerated in
  385  s. 775.087(3) while having in his or her possession a
  386  semiautomatic firearm as defined in s. 775.087(3) or a machine
  387  gun as defined in s. 790.001(9), an additional twenty-five (25)
  388  sentence points are assessed.
  389  
  390  Sentencing multipliers:
  391  
  392  Drug trafficking: If the primary offense is drug trafficking
  393  under s. 893.135, the subtotal sentence points are multiplied,
  394  at the discretion of the court, for a level 7 or level 8
  395  offense, by 1.5. The state attorney may move the sentencing
  396  court to reduce or suspend the sentence of a person convicted of
  397  a level 7 or level 8 offense, if the offender provides
  398  substantial assistance as described in s. 893.135(4).
  399  
  400  Law enforcement protection: If the primary offense is a
  401  violation of the Law Enforcement Protection Act under s.
  402  775.0823(2), (3), or (4), the subtotal sentence points are
  403  multiplied by 2.5. If the primary offense is a violation of s.
  404  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  405  are multiplied by 2.0. If the primary offense is a violation of
  406  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  407  Protection Act under s. 775.0823(10) or (11), the subtotal
  408  sentence points are multiplied by 1.5.
  409  
  410  Grand theft of a motor vehicle: If the primary offense is grand
  411  theft of the third degree involving a motor vehicle and in the
  412  offender’s prior record, there are three or more grand thefts of
  413  the third degree involving a motor vehicle, the subtotal
  414  sentence points are multiplied by 1.5.
  415  
  416  Offense related to a criminal gang: If the offender is convicted
  417  of the primary offense and committed that offense for the
  418  purpose of benefiting, promoting, or furthering the interests of
  419  a criminal gang as defined in s. 874.03, the subtotal sentence
  420  points are multiplied by 1.5. If applying the multiplier results
  421  in the lowest permissible sentence exceeding the statutory
  422  maximum sentence for the primary offense under chapter 775, the
  423  court may not apply the multiplier and must sentence the
  424  defendant to the statutory maximum sentence.
  425  
  426  Domestic violence in the presence of a child: If the offender is
  427  convicted of the primary offense and the primary offense is a
  428  crime of domestic violence, as defined in s. 741.28, which was
  429  committed in the presence of a child under 16 years of age who
  430  is a family or household member as defined in s. 741.28(3) with
  431  the victim or perpetrator, the subtotal sentence points are
  432  multiplied by 1.5.
  433  
  434  Adult-on-minor sex offense: If the offender was 18 years of age
  435  or older and the victim was younger than 18 years of age at the
  436  time the offender committed the primary offense, and if the
  437  primary offense was an offense committed on or after October 1,
  438  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  439  violation involved a victim who was a minor and, in the course
  440  of committing that violation, the defendant committed a sexual
  441  battery under chapter 794 or a lewd act under s. 800.04 or s.
  442  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  443  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  444  800.04; or s. 847.0135(5), the subtotal sentence points are
  445  multiplied by 2.0. If applying the multiplier results in the
  446  lowest permissible sentence exceeding the statutory maximum
  447  sentence for the primary offense under chapter 775, the court
  448  may not apply the multiplier and must sentence the defendant to
  449  the statutory maximum sentence.
  450         Section 7. For the purpose of incorporating the amendment
  451  made by this act to section 775.087, Florida Statutes, in a
  452  reference thereto, paragraph (b) of subsection (3) of section
  453  947.146, Florida Statutes, is reenacted to read:
  454         947.146 Control Release Authority.—
  455         (3) Within 120 days prior to the date the state
  456  correctional system is projected pursuant to s. 216.136 to
  457  exceed 99 percent of total capacity, the authority shall
  458  determine eligibility for and establish a control release date
  459  for an appropriate number of parole ineligible inmates committed
  460  to the department and incarcerated within the state who have
  461  been determined by the authority to be eligible for
  462  discretionary early release pursuant to this section. In
  463  establishing control release dates, it is the intent of the
  464  Legislature that the authority prioritize consideration of
  465  eligible inmates closest to their tentative release date. The
  466  authority shall rely upon commitment data on the offender
  467  information system maintained by the department to initially
  468  identify inmates who are to be reviewed for control release
  469  consideration. The authority may use a method of objective risk
  470  assessment in determining if an eligible inmate should be
  471  released. Such assessment shall be a part of the department’s
  472  management information system. However, the authority shall have
  473  sole responsibility for determining control release eligibility,
  474  establishing a control release date, and effectuating the
  475  release of a sufficient number of inmates to maintain the inmate
  476  population between 99 percent and 100 percent of total capacity.
  477  Inmates who are ineligible for control release are inmates who
  478  are parole eligible or inmates who:
  479         (b) Are serving the mandatory minimum portion of a sentence
  480  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  481  
  482  In making control release eligibility determinations under this
  483  subsection, the authority may rely on any document leading to or
  484  generated during the course of the criminal proceedings,
  485  including, but not limited to, any presentence or postsentence
  486  investigation or any information contained in arrest reports
  487  relating to circumstances of the offense.
  488  
  489  ================= T I T L E  A M E N D M E N T ================
  490  And the title is amended as follows:
  491         Delete lines 4 - 8
  492  and insert:
  493         deleting aggravated assault from the list of
  494         convictions which carry a minimum term of imprisonment
  495         if during the commission of the offense the convicted
  496         person possessed a firearm or destructive device;
  497         deleting aggravated assault from a list of exceptions
  498         of convictions which carry a minimum term of
  499         imprisonment if during the commission of the offense
  500         the convicted person possessed a firearm or
  501         destructive device; deleting aggravated assault from
  502         the list of convictions which carry a minimum term of
  503         imprisonment if during the commission of the offense
  504         the convicted person possessed a semiautomatic firearm
  505         and its high-capacity detachable box magazine or a
  506         machine gun; extending an exception to certain
  507         mandatory minimum sentences required for aggravated
  508         assault convictions if the court makes written
  509         findings that a use or threatened use of force was
  510         justifiable pursuant to specified provisions; revising
  511         required written findings; conforming cross
  512         references; amending s. 985.557, F.S.; conforming a
  513         cross-reference; reenacting ss. 27.366, 921.0022(2),
  514         921.0024(1)(b), and 947.146(3)(b), F.S., relating to
  515         legislative intent and policy in cases meeting the
  516         criteria of s. 775.087(2) and (3), F.S., the Criminal
  517         Punishment Code, the Criminal Punishment Code
  518         worksheet, and the Control Release Authority,
  519         respectively, to incorporate the amendment made to s.
  520         775.087, F.S., in references thereto; providing an
  521         effective