Florida Senate - 2020                                     SB 552
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00769-20                                            2020552__
    1                        A bill to be entitled                      
    2         An act relating to sentencing; amending s. 775.082,
    3         F.S.; revising the threshold of total sentence points
    4         below which a court must sentence nonviolent felony
    5         offenders who commit certain offenses and are
    6         sentenced on or after a specified date to a nonstate
    7         prison sanction; providing an exception; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (10) of section 775.082, Florida
   13  Statutes, is amended to read:
   14         775.082 Penalties; applicability of sentencing structures;
   15  mandatory minimum sentences for certain reoffenders previously
   16  released from prison.—
   17         (10)(a) If a defendant is sentenced for an offense
   18  committed on or after October 1, 2020, for an offense that July
   19  1, 2009, which is a third degree felony but not a forcible
   20  felony as defined in s. 776.08, and excluding any third degree
   21  felony violation under chapter 810, and if the total sentence
   22  points pursuant to s. 921.0024 are 44 22 points or fewer, the
   23  court must sentence the offender to a nonstate prison sanction.
   24  However, if the jury makes written findings or the court makes
   25  written findings as provided in paragraph (b) that a nonstate
   26  prison sanction could present a danger to the public, the court
   27  may sentence the offender to a state correctional facility
   28  pursuant to this section.
   29         (b)1. A defendant described in paragraph (a) who pleads
   30  guilty or nolo contendere may be sentenced to a nonstate prison
   31  sanction under paragraph (a) if:
   32         a. The defendant consents to the court determining whether
   33  sentencing him or her to a nonstate prison sanction pursuant to
   34  this subsection could present a danger to the public; and
   35         b. The court does not make written findings that sentencing
   36  the defendant to a nonstate prison sanction pursuant to this
   37  subsection could present a danger to the public.
   38         2. However, if the court makes written findings that a
   39  nonstate prison sanction could present a danger to the public,
   40  the court may sentence the offender to a state correctional
   41  facility pursuant to this section.
   42         Section 2. This act shall take effect October 1, 2020.