Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1716
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/04/2020           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 86 - 111
    4  and insert:
    5         (b) A person sentenced under paragraph (a) shall be
    6  released only by expiration of sentence and shall not be
    7  eligible for parole, control release, or any form of early
    8  release. Any person sentenced under paragraph (a) must serve 100
    9  percent of the court-imposed sentence.
   10         (b)(c) Nothing in This subsection does not shall prevent a
   11  court from imposing a greater sentence of incarceration as
   12  authorized by law, pursuant to s. 775.084 or any other provision
   13  of law.
   14         (c)(d)1. It is the intent of the Legislature to
   15  retroactively apply the amendments to this subsection which are
   16  effective on July 1, 2020.
   17         2. As used in this paragraph, the term “former s.
   18  775.082(9)” means s. 775.082(9) as it existed before the
   19  amendment of this subsection, which took effect on July 1, 2020.
   20         3. A person who qualified as a prison releasee reoffender
   21  before July 1, 2020, and who was not sentenced as a prison
   22  releasee reoffender before July 1, 2020, may not be sentenced as
   23  such under former s. 775.082(9). Such person, if sentenced as a
   24  prison releasee reoffender, must be sentenced as provided in
   25  paragraph (a).
   26         4. A person who qualified as a prison releasee reoffender
   27  before July 1, 2020, who was sentenced as such before July 1,
   28  2020, to a mandatory minimum term of imprisonment pursuant to
   29  former s. 775.082(9), and who is serving such mandatory minimum
   30  term of imprisonment on or after July 1, 2020, must be
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33  And the title is amended as follows:
   34         Delete lines 4 - 6
   35  and insert:
   36         prison releasee reoffenders upon proof from a state
   37         attorney which establishes that a defendant is a
   38         prison releasee reoffender; deleting a provision that
   39         prohibits a prison releasee reoffender from
   40         eligibility for any form of early release and that
   41         requires a prison releasee reoffender to serve 100
   42         percent of the court-imposed sentence; providing
   43         legislative