CS for SB 1478 First Engrossed
20231478e1
1 A bill to be entitled
2 An act relating to criminal sentencing; amending s.
3 921.0024, F.S.; prohibiting points from being assessed
4 for violations of community sanctions which are
5 resolved under an alternative sanctioning program for
6 purposes of calculations under the Criminal Punishment
7 Code; amending s. 948.06, F.S.; providing for the
8 resolution of low-risk violations of probation through
9 an alternative sanctioning program in certain
10 circumstances; correcting provisions concerning
11 limiting prison sentences for first-time revocations
12 for technical violations; providing time periods for
13 hearing and release of a probationer or offender
14 concerning alleged violations that are low-risk
15 violations; providing that an alternative sanction is
16 the required method for resolving certain low-risk
17 violations; requiring a court to impose the
18 recommended sanction for certain low-risk violations;
19 providing an exception; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Paragraph (b) of subsection (1) of section
24 921.0024, Florida Statutes, is amended to read:
25 921.0024 Criminal Punishment Code; worksheet computations;
26 scoresheets.—
27 (1)
28 (b) WORKSHEET KEY:
29
30 Legal status points are assessed when any form of legal status
31 existed at the time the offender committed an offense before the
32 court for sentencing. Four (4) sentence points are assessed for
33 an offender’s legal status.
34
35 Community sanction violation points are assessed when a
36 community sanction violation is before the court for sentencing.
37 Six (6) sentence points are assessed for each community sanction
38 violation and each successive community sanction violation,
39 unless any of the following apply:
40 1. If the community sanction violation includes a new
41 felony conviction before the sentencing court, twelve (12)
42 community sanction violation points are assessed for the
43 violation, and for each successive community sanction violation
44 involving a new felony conviction.
45 2. If the community sanction violation is committed by a
46 violent felony offender of special concern as defined in s.
47 948.06:
48 a. Twelve (12) community sanction violation points are
49 assessed for the violation and for each successive violation of
50 felony probation or community control where:
51 I. The violation does not include a new felony conviction;
52 and
53 II. The community sanction violation is not based solely on
54 the probationer or offender’s failure to pay costs or fines or
55 make restitution payments.
56 b. Twenty-four (24) community sanction violation points are
57 assessed for the violation and for each successive violation of
58 felony probation or community control where the violation
59 includes a new felony conviction.
60
61 Multiple counts of community sanction violations before the
62 sentencing court shall not be a basis for multiplying the
63 assessment of community sanction violation points.
64
65 If the community sanction violation is resolved through the
66 alternative sanctioning program under s. 948.06(9), no points
67 are assessed. If a community sanction violation not resolved
68 through the alternative sanctioning program is before the court,
69 no points are assessed for prior violations that were resolved
70 through the alternative sanctioning program.
71
72 Prior serious felony points: If the offender has a primary
73 offense or any additional offense ranked in level 8, level 9, or
74 level 10, and one or more prior serious felonies, a single
75 assessment of thirty (30) points shall be added. For purposes of
76 this section, a prior serious felony is an offense in the
77 offender’s prior record that is ranked in level 8, level 9, or
78 level 10 under s. 921.0022 or s. 921.0023 and for which the
79 offender is serving a sentence of confinement, supervision, or
80 other sanction or for which the offender’s date of release from
81 confinement, supervision, or other sanction, whichever is later,
82 is within 3 years before the date the primary offense or any
83 additional offense was committed.
84
85 Prior capital felony points: If the offender has one or more
86 prior capital felonies in the offender’s criminal record, points
87 shall be added to the subtotal sentence points of the offender
88 equal to twice the number of points the offender receives for
89 the primary offense and any additional offense. A prior capital
90 felony in the offender’s criminal record is a previous capital
91 felony offense for which the offender has entered a plea of nolo
92 contendere or guilty or has been found guilty; or a felony in
93 another jurisdiction which is a capital felony in that
94 jurisdiction, or would be a capital felony if the offense were
95 committed in this state.
96
97 Possession of a firearm, semiautomatic firearm, or machine gun:
98 If the offender is convicted of committing or attempting to
99 commit any felony other than those enumerated in s. 775.087(2)
100 while having in his or her possession: a firearm as defined in
101 s. 790.001(6), an additional eighteen (18) sentence points are
102 assessed; or if the offender is convicted of committing or
103 attempting to commit any felony other than those enumerated in
104 s. 775.087(3) while having in his or her possession a
105 semiautomatic firearm as defined in s. 775.087(3) or a machine
106 gun as defined in s. 790.001(9), an additional twenty-five (25)
107 sentence points are assessed.
108
109 Sentencing multipliers:
110
111 Drug trafficking: If the primary offense is drug trafficking
112 under s. 893.135, the subtotal sentence points are multiplied,
113 at the discretion of the court, for a level 7 or level 8
114 offense, by 1.5. The state attorney may move the sentencing
115 court to reduce or suspend the sentence of a person convicted of
116 a level 7 or level 8 offense, if the offender provides
117 substantial assistance as described in s. 893.135(4).
118
119 Law enforcement protection: If the primary offense is a
120 violation of the Law Enforcement Protection Act under s.
121 775.0823(2), (3), or (4), the subtotal sentence points are
122 multiplied by 2.5. If the primary offense is a violation of s.
123 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
124 are multiplied by 2.0. If the primary offense is a violation of
125 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
126 Protection Act under s. 775.0823(10) or (11), the subtotal
127 sentence points are multiplied by 1.5.
128
129 Grand theft of a motor vehicle: If the primary offense is grand
130 theft of the third degree involving a motor vehicle and in the
131 offender’s prior record, there are three or more grand thefts of
132 the third degree involving a motor vehicle, the subtotal
133 sentence points are multiplied by 1.5.
134
135 Offense related to a criminal gang: If the offender is convicted
136 of the primary offense and committed that offense for the
137 purpose of benefiting, promoting, or furthering the interests of
138 a criminal gang as defined in s. 874.03, the subtotal sentence
139 points are multiplied by 1.5. If applying the multiplier results
140 in the lowest permissible sentence exceeding the statutory
141 maximum sentence for the primary offense under chapter 775, the
142 court may not apply the multiplier and must sentence the
143 defendant to the statutory maximum sentence.
144
145 Domestic violence in the presence of a child: If the offender is
146 convicted of the primary offense and the primary offense is a
147 crime of domestic violence, as defined in s. 741.28, which was
148 committed in the presence of a child under 16 years of age who
149 is a family or household member as defined in s. 741.28(3) with
150 the victim or perpetrator, the subtotal sentence points are
151 multiplied by 1.5.
152
153 Adult-on-minor sex offense: If the offender was 18 years of age
154 or older and the victim was younger than 18 years of age at the
155 time the offender committed the primary offense, and if the
156 primary offense was an offense committed on or after October 1,
157 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
158 violation involved a victim who was a minor and, in the course
159 of committing that violation, the defendant committed a sexual
160 battery under chapter 794 or a lewd act under s. 800.04 or s.
161 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
162 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
163 800.04; or s. 847.0135(5), the subtotal sentence points are
164 multiplied by 2.0. If applying the multiplier results in the
165 lowest permissible sentence exceeding the statutory maximum
166 sentence for the primary offense under chapter 775, the court
167 may not apply the multiplier and must sentence the defendant to
168 the statutory maximum sentence.
169 Section 2. Paragraph (c) of subsection (1), subsection (4),
170 and paragraphs (e) and (i) of subsection (9) of section 948.06,
171 Florida Statutes, are amended to read:
172 948.06 Violation of probation or community control;
173 revocation; modification; continuance; failure to pay
174 restitution or cost of supervision.—
175 (1)
176 (c) If a probationer or offender on community control
177 commits a technical violation, the probation officer shall
178 determine whether the probationer or offender on community
179 control is eligible for the alternative sanctioning program
180 under subsection (9). If the probation officer determines that
181 the probationer or offender on community control is eligible,
182 the probation officer may proceed with the alternative
183 sanctioning program in lieu of filing an affidavit of violation
184 with the court. If the probationer or offender on community
185 control is eligible for the alternative sanctioning program and
186 the violation is a low-risk violation as defined in paragraph
187 (9)(b), the probation officer must proceed with the alternative
188 sanctioning program in lieu of filing an affidavit of violation
189 with the court unless directed by the court to submit or file an
190 affidavit of violation pursuant to paragraph (9)(i). For
191 purposes of this section, the term “technical violation” means
192 an alleged violation of supervision that is not a new felony
193 offense, misdemeanor offense, or criminal traffic offense.
194 (4) Notwithstanding any other provision of this section, a
195 felony probationer or an offender in community control who is
196 arrested for violating his or her probation or community control
197 in a material respect may be taken before the court in the
198 county or circuit in which the probationer or offender was
199 arrested. That court shall advise him or her of the charge of a
200 violation and, if such charge is admitted, shall cause him or
201 her to be brought before the court that granted the probation or
202 community control. If the violation is not admitted by the
203 probationer or offender, the court may commit him or her or
204 release him or her with or without bail to await further
205 hearing. However, if the probationer or offender is under
206 supervision for any criminal offense proscribed in chapter 794,
207 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
208 registered sexual predator or a registered sexual offender, or
209 is under supervision for a criminal offense for which he or she
210 would meet the registration criteria in s. 775.21, s. 943.0435,
211 or s. 944.607 but for the effective date of those sections, the
212 court must make a finding that the probationer or offender is
213 not a danger to the public prior to release with or without
214 bail. In determining the danger posed by the offender’s or
215 probationer’s release, the court may consider the nature and
216 circumstances of the violation and any new offenses charged; the
217 offender’s or probationer’s past and present conduct, including
218 convictions of crimes; any record of arrests without conviction
219 for crimes involving violence or sexual crimes; any other
220 evidence of allegations of unlawful sexual conduct or the use of
221 violence by the offender or probationer; the offender’s or
222 probationer’s family ties, length of residence in the community,
223 employment history, and mental condition; his or her history and
224 conduct during the probation or community control supervision
225 from which the violation arises and any other previous
226 supervisions, including disciplinary records of previous
227 incarcerations; the likelihood that the offender or probationer
228 will engage again in a criminal course of conduct; the weight of
229 the evidence against the offender or probationer; and any other
230 facts the court considers relevant. The court, as soon as is
231 practicable, shall give the probationer or offender an
232 opportunity to be fully heard on his or her behalf in person or
233 by counsel. If the alleged violation is a low-risk violation as
234 defined in paragraph (9)(b), the court must, within 20 days
235 after arrest, give the probationer or offender an opportunity to
236 be fully heard on his or her behalf in person or by counsel. If
237 no hearing is held within 20 days after arrest, the court must
238 release the probationer or offender without bail. The court may
239 impose nonmonetary conditions of release. After the hearing, the
240 court shall make findings of fact and forward the findings to
241 the court that granted the probation or community control and to
242 the probationer or offender or his or her attorney. The findings
243 of fact by the hearing court are binding on the court that
244 granted the probation or community control. Upon the probationer
245 or offender being brought before it, the court that granted the
246 probation or community control may revoke, modify, or continue
247 the probation or community control or may place the probationer
248 into community control as provided in this section. However, the
249 probationer or offender shall not be released and shall not be
250 admitted to bail, but shall be brought before the court that
251 granted the probation or community control if any violation of
252 felony probation or community control other than a failure to
253 pay costs or fines or make restitution payments is alleged to
254 have been committed by:
255 (a) A violent felony offender of special concern, as
256 defined in this section;
257 (b) A person who is on felony probation or community
258 control for any offense committed on or after the effective date
259 of this act and who is arrested for a qualifying offense as
260 defined in this section; or
261 (c) A person who is on felony probation or community
262 control and has previously been found by a court to be a
263 habitual violent felony offender as defined in s. 775.084(1)(b),
264 a three-time violent felony offender as defined in s.
265 775.084(1)(c), or a sexual predator under s. 775.21, and who is
266 arrested for committing a qualifying offense as defined in this
267 section on or after the effective date of this act.
268 (9)
269 (e) For a first or second low-risk violation, as defined in
270 paragraph (b), within the current term of supervision, a
271 probation officer shall may offer an eligible probationer one or
272 more of the following as an alternative sanction:
273 1. Up to 5 days in the county jail.
274 2. Up to 50 additional community service hours.
275 3. Counseling or treatment.
276 4. Support group attendance.
277 5. Drug testing.
278 6. Loss of travel or other privileges.
279 7. Curfew for up to 30 days.
280 8. House arrest for up to 30 days.
281 9.a. Any other sanction as determined by administrative
282 order of the chief judge of the circuit.
283 b. However, in no circumstance shall participation in an
284 alternative sanctioning program convert a withheld adjudication
285 to an adjudication of guilt.
286 (i) If the violation is a low-risk violation under
287 paragraph (b), the court must impose the recommended sanction
288 unless it records a finding of specific, identified risk to
289 public safety, in which case it may direct the department to
290 submit a violation report, affidavit, and warrant to the court.
291 In all other cases, the court may impose the recommended
292 sanction or direct the department to submit a violation report,
293 affidavit, and warrant to the court.
294 Section 3. This act shall take effect October 1, 2023.