ENROLLED
       2023 Legislature                                   CS for SB 384
       
       
       
       
       
       
                                                              2023384er
    1  
    2         An act relating to violent offenses committed against
    3         criminal defense attorneys; amending s. 775.0823,
    4         F.S.; providing for the reclassification of specified
    5         offenses committed against criminal defense attorneys;
    6         amending ss. 921.0024 and 947.146, F.S.; conforming
    7         provisions to changes made by the act; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 775.0823, Florida Statutes, is amended
   13  to read:
   14         775.0823 Violent offenses committed against specified
   15  justice system personnel law enforcement officers, correctional
   16  officers, state attorneys, assistant state attorneys, justices,
   17  or judges.—The Legislature does hereby provide for an increase
   18  and certainty of penalty for any person convicted of a violent
   19  offense against any law enforcement or correctional officer, as
   20  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
   21  against any state attorney elected pursuant to s. 27.01 or
   22  assistant state attorney appointed under s. 27.181; against any
   23  public defender elected pursuant to s. 27.50 or regional counsel
   24  appointed pursuant to s. 27.511(3); against any court-appointed
   25  counsel appointed under s. 27.40 or defense attorney in a
   26  criminal proceeding; or against any justice or judge of a court
   27  described in Art. V of the State Constitution, which offense
   28  arises out of or in the scope of the officer’s duty as a law
   29  enforcement or correctional officer, the state attorney’s or
   30  assistant state attorney’s duty as a prosecutor or investigator,
   31  the public defender or regional counsel acting in his or her
   32  capacity as defense counsel, the court-appointed counsel or
   33  defense attorney in a criminal proceeding acting in his or her
   34  capacity as defense counsel, or the justice’s or judge’s duty as
   35  a judicial officer, as follows:
   36         (1) For murder in the first degree as described in s.
   37  782.04(1), if the death sentence is not imposed, a sentence of
   38  imprisonment for life without eligibility for release.
   39         (2) For attempted murder in the first degree as described
   40  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
   41  or s. 775.084.
   42         (3) For attempted felony murder as described in s. 782.051,
   43  a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   44         (4) For murder in the second degree as described in s.
   45  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
   46  775.083, or s. 775.084.
   47         (5) For attempted murder in the second degree as described
   48  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
   49  775.083, or s. 775.084.
   50         (6) For murder in the third degree as described in s.
   51  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
   52  775.084.
   53         (7) For attempted murder in the third degree as described
   54  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
   55  or s. 775.084.
   56         (8) For manslaughter as described in s. 782.07 during the
   57  commission of a crime, a sentence pursuant to s. 775.082, s.
   58  775.083, or s. 775.084.
   59         (9) For kidnapping as described in s. 787.01, a sentence
   60  pursuant to s. 775.082, s. 775.083, or s. 775.084.
   61         (10) For aggravated battery as described in s. 784.045, a
   62  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   63         (11) For aggravated assault as described in s. 784.021, a
   64  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
   65  
   66  Notwithstanding the provisions of s. 948.01, with respect to any
   67  person who is found to have violated this section, adjudication
   68  of guilt or imposition of sentence shall not be suspended,
   69  deferred, or withheld.
   70         Section 2. Paragraph (b) of subsection (1) of section
   71  921.0024, Florida Statutes, is amended to read:
   72         921.0024 Criminal Punishment Code; worksheet computations;
   73  scoresheets.—
   74         (1)
   75         (b) WORKSHEET KEY:
   76  
   77  Legal status points are assessed when any form of legal status
   78  existed at the time the offender committed an offense before the
   79  court for sentencing. Four (4) sentence points are assessed for
   80  an offender’s legal status.
   81  
   82  Community sanction violation points are assessed when a
   83  community sanction violation is before the court for sentencing.
   84  Six (6) sentence points are assessed for each community sanction
   85  violation and each successive community sanction violation,
   86  unless any of the following apply:
   87         1. If the community sanction violation includes a new
   88  felony conviction before the sentencing court, twelve (12)
   89  community sanction violation points are assessed for the
   90  violation, and for each successive community sanction violation
   91  involving a new felony conviction.
   92         2. If the community sanction violation is committed by a
   93  violent felony offender of special concern as defined in s.
   94  948.06:
   95         a. Twelve (12) community sanction violation points are
   96  assessed for the violation and for each successive violation of
   97  felony probation or community control where:
   98         I. The violation does not include a new felony conviction;
   99  and
  100         II. The community sanction violation is not based solely on
  101  the probationer or offender’s failure to pay costs or fines or
  102  make restitution payments.
  103         b. Twenty-four (24) community sanction violation points are
  104  assessed for the violation and for each successive violation of
  105  felony probation or community control where the violation
  106  includes a new felony conviction.
  107  
  108  Multiple counts of community sanction violations before the
  109  sentencing court shall not be a basis for multiplying the
  110  assessment of community sanction violation points.
  111  
  112  Prior serious felony points: If the offender has a primary
  113  offense or any additional offense ranked in level 8, level 9, or
  114  level 10, and one or more prior serious felonies, a single
  115  assessment of thirty (30) points shall be added. For purposes of
  116  this section, a prior serious felony is an offense in the
  117  offender’s prior record that is ranked in level 8, level 9, or
  118  level 10 under s. 921.0022 or s. 921.0023 and for which the
  119  offender is serving a sentence of confinement, supervision, or
  120  other sanction or for which the offender’s date of release from
  121  confinement, supervision, or other sanction, whichever is later,
  122  is within 3 years before the date the primary offense or any
  123  additional offense was committed.
  124  
  125  Prior capital felony points: If the offender has one or more
  126  prior capital felonies in the offender’s criminal record, points
  127  shall be added to the subtotal sentence points of the offender
  128  equal to twice the number of points the offender receives for
  129  the primary offense and any additional offense. A prior capital
  130  felony in the offender’s criminal record is a previous capital
  131  felony offense for which the offender has entered a plea of nolo
  132  contendere or guilty or has been found guilty; or a felony in
  133  another jurisdiction which is a capital felony in that
  134  jurisdiction, or would be a capital felony if the offense were
  135  committed in this state.
  136  
  137  Possession of a firearm, semiautomatic firearm, or machine gun:
  138  If the offender is convicted of committing or attempting to
  139  commit any felony other than those enumerated in s. 775.087(2)
  140  while having in his or her possession: a firearm as defined in
  141  s. 790.001(6), an additional eighteen (18) sentence points are
  142  assessed; or if the offender is convicted of committing or
  143  attempting to commit any felony other than those enumerated in
  144  s. 775.087(3) while having in his or her possession a
  145  semiautomatic firearm as defined in s. 775.087(3) or a machine
  146  gun as defined in s. 790.001(9), an additional twenty-five (25)
  147  sentence points are assessed.
  148  
  149  Sentencing multipliers:
  150  
  151  Drug trafficking: If the primary offense is drug trafficking
  152  under s. 893.135, the subtotal sentence points are multiplied,
  153  at the discretion of the court, for a level 7 or level 8
  154  offense, by 1.5. The state attorney may move the sentencing
  155  court to reduce or suspend the sentence of a person convicted of
  156  a level 7 or level 8 offense, if the offender provides
  157  substantial assistance as described in s. 893.135(4).
  158  
  159  Violent offenses committed against specified justice system
  160  personnel Law enforcement protection: If the primary offense is
  161  a violation of the Law Enforcement Protection Act under s.
  162  775.0823(2), (3), or (4), the subtotal sentence points are
  163  multiplied by 2.5. If the primary offense is a violation of s.
  164  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  165  are multiplied by 2.0. If the primary offense is a violation of
  166  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  167  Protection Act under s. 775.0823(10) or (11), the subtotal
  168  sentence points are multiplied by 1.5.
  169  
  170  Grand theft of a motor vehicle: If the primary offense is grand
  171  theft of the third degree involving a motor vehicle and in the
  172  offender’s prior record, there are three or more grand thefts of
  173  the third degree involving a motor vehicle, the subtotal
  174  sentence points are multiplied by 1.5.
  175  
  176  Offense related to a criminal gang: If the offender is convicted
  177  of the primary offense and committed that offense for the
  178  purpose of benefiting, promoting, or furthering the interests of
  179  a criminal gang as defined in s. 874.03, the subtotal sentence
  180  points are multiplied by 1.5. If applying the multiplier results
  181  in the lowest permissible sentence exceeding the statutory
  182  maximum sentence for the primary offense under chapter 775, the
  183  court may not apply the multiplier and must sentence the
  184  defendant to the statutory maximum sentence.
  185  
  186  Domestic violence in the presence of a child: If the offender is
  187  convicted of the primary offense and the primary offense is a
  188  crime of domestic violence, as defined in s. 741.28, which was
  189  committed in the presence of a child under 16 years of age who
  190  is a family or household member as defined in s. 741.28(3) with
  191  the victim or perpetrator, the subtotal sentence points are
  192  multiplied by 1.5.
  193  
  194  Adult-on-minor sex offense: If the offender was 18 years of age
  195  or older and the victim was younger than 18 years of age at the
  196  time the offender committed the primary offense, and if the
  197  primary offense was an offense committed on or after October 1,
  198  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  199  violation involved a victim who was a minor and, in the course
  200  of committing that violation, the defendant committed a sexual
  201  battery under chapter 794 or a lewd act under s. 800.04 or s.
  202  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  203  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  204  800.04; or s. 847.0135(5), the subtotal sentence points are
  205  multiplied by 2.0. If applying the multiplier results in the
  206  lowest permissible sentence exceeding the statutory maximum
  207  sentence for the primary offense under chapter 775, the court
  208  may not apply the multiplier and must sentence the defendant to
  209  the statutory maximum sentence.
  210         Section 3. Subsection (3) of section 947.146, Florida
  211  Statutes, is amended to read:
  212         947.146 Control Release Authority.—
  213         (3) Within 120 days prior to the date the state
  214  correctional system is projected pursuant to s. 216.136 to
  215  exceed 99 percent of total capacity, the authority shall
  216  determine eligibility for and establish a control release date
  217  for an appropriate number of parole ineligible inmates committed
  218  to the department and incarcerated within the state who have
  219  been determined by the authority to be eligible for
  220  discretionary early release pursuant to this section. In
  221  establishing control release dates, it is the intent of the
  222  Legislature that the authority prioritize consideration of
  223  eligible inmates closest to their tentative release date. The
  224  authority shall rely upon commitment data on the offender
  225  information system maintained by the department to initially
  226  identify inmates who are to be reviewed for control release
  227  consideration. The authority may use a method of objective risk
  228  assessment in determining if an eligible inmate should be
  229  released. Such assessment shall be a part of the department’s
  230  management information system. However, the authority shall have
  231  sole responsibility for determining control release eligibility,
  232  establishing a control release date, and effectuating the
  233  release of a sufficient number of inmates to maintain the inmate
  234  population between 99 percent and 100 percent of total capacity.
  235  Inmates who are ineligible for control release are inmates who
  236  are parole eligible or inmates who:
  237         (a) Are serving a sentence that includes a mandatory
  238  minimum provision for a capital offense or drug trafficking
  239  offense and have not served the number of days equal to the
  240  mandatory minimum term less any jail-time credit awarded by the
  241  court;
  242         (b) Are serving the mandatory minimum portion of a sentence
  243  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  244         (c) Are convicted, or have been previously convicted, of
  245  committing or attempting to commit sexual battery, incest, or
  246  any of the following lewd or indecent assaults or acts:
  247  masturbating in public; exposing the sexual organs in a
  248  perverted manner; or nonconsensual handling or fondling of the
  249  sexual organs of another person;
  250         (d) Are convicted, or have been previously convicted, of
  251  committing or attempting to commit assault, aggravated assault,
  252  battery, or aggravated battery, and a sex act was attempted or
  253  completed during commission of such offense;
  254         (e) Are convicted, or have been previously convicted, of
  255  committing or attempting to commit kidnapping, burglary, or
  256  murder, and the offense was committed with the intent to commit
  257  sexual battery or a sex act was attempted or completed during
  258  commission of the offense;
  259         (f) Are convicted, or have been previously convicted, of
  260  committing or attempting to commit false imprisonment upon a
  261  child under the age of 13 and, in the course of committing the
  262  offense, the inmate committed aggravated child abuse, sexual
  263  battery against the child, or a lewd or lascivious offense
  264  committed upon or in the presence of a person less than 16 years
  265  of age;
  266         (g) Are sentenced, have previously been sentenced, or have
  267  been sentenced at any time under s. 775.084, or have been
  268  sentenced at any time in another jurisdiction as a habitual
  269  offender;
  270         (h) Are convicted, or have been previously convicted, of
  271  committing or attempting to commit assault, aggravated assault,
  272  battery, aggravated battery, kidnapping, manslaughter, or murder
  273  against an officer as defined in s. 943.10(1), (2), (3), (6),
  274  (7), (8), or (9); against a state attorney or assistant state
  275  attorney; or against a justice or judge of a court described in
  276  Art. V of the State Constitution; or against an officer, judge,
  277  or state attorney employed in a comparable position by any other
  278  jurisdiction; or
  279         (i) Are convicted, or have been previously convicted, of
  280  committing or attempting to commit murder in the first, second,
  281  or third degree under s. 782.04(1), (2), (3), or (4), or have
  282  ever been convicted of any degree of murder or attempted murder
  283  in another jurisdiction;
  284         (j) Are convicted, or have been previously convicted, of
  285  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  286  have been sentenced at any time, as a habitual offender for such
  287  offense, or have been sentenced at any time in another
  288  jurisdiction as a habitual offender for such offense;
  289         (k)1. Are serving a sentence for an offense committed on or
  290  after January 1, 1994, for a violation of the Law Enforcement
  291  Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
  292  the subtotal of the offender’s sentence points is multiplied
  293  pursuant to former s. 921.0014 or s. 921.0024;
  294         2. Are serving a sentence for an offense committed on or
  295  after October 1, 1995, for a violation of the Law Enforcement
  296  Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
  297  (8), or (9), and the subtotal of the offender’s sentence points
  298  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  299         (l) Are serving a sentence for an offense committed on or
  300  after January 1, 1994, for possession of a firearm,
  301  semiautomatic firearm, or machine gun in which additional points
  302  are added to the subtotal of the offender’s sentence points
  303  pursuant to former s. 921.0014 or s. 921.0024; or
  304         (m) Are convicted, or have been previously convicted, of
  305  committing or attempting to commit manslaughter, kidnapping,
  306  robbery, carjacking, home-invasion robbery, or a burglary under
  307  s. 810.02(2).
  308  
  309  In making control release eligibility determinations under this
  310  subsection, the authority may rely on any document leading to or
  311  generated during the course of the criminal proceedings,
  312  including, but not limited to, any presentence or postsentence
  313  investigation or any information contained in arrest reports
  314  relating to circumstances of the offense.
  315         Section 4. This act shall take effect July 1, 2023.