Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1154
Ì555360ÈÎ555360
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/06/2024 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Criminal Justice (Simon) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (1) of section
6 921.0024, Florida Statutes, is amended to read:
7 921.0024 Criminal Punishment Code; worksheet computations;
8 scoresheets.—
9 (1)
10 (b) WORKSHEET KEY:
11 Legal status points are assessed when any form of legal status
12 existed at the time the offender committed an offense before the
13 court for sentencing. Four (4) sentence points are assessed for
14 an offender’s legal status.
15
16 Community sanction violation points are assessed when a
17 community sanction violation is before the court for sentencing.
18 Six (6) sentence points are assessed for each community sanction
19 violation and each successive community sanction violation,
20 unless any of the following apply:
21 1. If the community sanction violation includes a new
22 felony conviction before the sentencing court, twelve (12)
23 community sanction violation points are assessed for the
24 violation, and for each successive community sanction violation
25 involving a new felony conviction.
26 2. If the community sanction violation is committed by a
27 violent felony offender of special concern as defined in s.
28 948.06:
29 a. Twelve (12) community sanction violation points are
30 assessed for the violation and for each successive violation of
31 felony probation or community control where:
32 I. The violation does not include a new felony conviction;
33 and
34 II. The community sanction violation is not based solely on
35 the probationer or offender’s failure to pay costs or fines or
36 make restitution payments.
37 b. Twenty-four (24) community sanction violation points are
38 assessed for the violation and for each successive violation of
39 felony probation or community control where the violation
40 includes a new felony conviction.
41
42 Multiple counts of community sanction violations before the
43 sentencing court shall not be a basis for multiplying the
44 assessment of community sanction violation points.
45
46 If the community sanction violation is resolved through the
47 alternative sanctioning program under s. 948.06(9), no points
48 are assessed. If a community sanction violation not resolved
49 through the alternative sanctioning program is before the court,
50 no points are assessed for prior violations that were resolved
51 through the alternative sanctioning program.
52
53 Prior serious felony points: If the offender has a primary
54 offense or any additional offense ranked in level 8, level 9, or
55 level 10, and one or more prior serious felonies, a single
56 assessment of thirty (30) points shall be added. For purposes of
57 this section, a prior serious felony is an offense in the
58 offender’s prior record that is ranked in level 8, level 9, or
59 level 10 under s. 921.0022 or s. 921.0023 and for which the
60 offender is serving a sentence of confinement, supervision, or
61 other sanction or for which the offender’s date of release from
62 confinement, supervision, or other sanction, whichever is later,
63 is within 3 years before the date the primary offense or any
64 additional offense was committed.
65
66 Prior capital felony points: If the offender has one or more
67 prior capital felonies in the offender’s criminal record, points
68 shall be added to the subtotal sentence points of the offender
69 equal to twice the number of points the offender receives for
70 the primary offense and any additional offense. A prior capital
71 felony in the offender’s criminal record is a previous capital
72 felony offense for which the offender has entered a plea of nolo
73 contendere or guilty or has been found guilty; or a felony in
74 another jurisdiction which is a capital felony in that
75 jurisdiction, or would be a capital felony if the offense were
76 committed in this state.
77
78 Possession of a firearm, semiautomatic firearm, or machine gun:
79 If the offender is convicted of committing or attempting to
80 commit any felony other than those enumerated in s. 775.087(2)
81 while having in his or her possession: a firearm as defined in
82 s. 790.001, an additional eighteen (18) sentence points are
83 assessed; or if the offender is convicted of committing or
84 attempting to commit any felony other than those enumerated in
85 s. 775.087(3) while having in his or her possession a
86 semiautomatic firearm as defined in s. 775.087(3) or a machine
87 gun as defined in s. 790.001, an additional twenty-five (25)
88 sentence points are assessed.
89
90 Sentencing multipliers:
91
92 Drug trafficking: If the primary offense is drug trafficking
93 under s. 893.135, the subtotal sentence points are multiplied,
94 at the discretion of the court, for a level 7 or level 8
95 offense, by 1.5. The state attorney may move the sentencing
96 court to reduce or suspend the sentence of a person convicted of
97 a level 7 or level 8 offense, if the offender provides
98 substantial assistance as described in s. 893.135(4).
99
100 Violent offenses committed against specified justice system
101 personnel: If the primary offense is a violation of s.
102 775.0823(2), (3), or (4), the subtotal sentence points are
103 multiplied by 2.5. If the primary offense is a violation of s.
104 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
105 are multiplied by 2.0. If the primary offense is a violation of
106 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
107 subtotal sentence points are multiplied by 1.5.
108
109 Grand theft of a motor vehicle: If the primary offense is grand
110 theft of the third degree involving a motor vehicle and in the
111 offender’s prior record, there are three or more grand thefts of
112 the third degree involving a motor vehicle, the subtotal
113 sentence points are multiplied by 1.5.
114
115 Offense related to a criminal gang: If the offender is convicted
116 of the primary offense and committed that offense for the
117 purpose of benefiting, promoting, or furthering the interests of
118 a criminal gang as defined in s. 874.03, the subtotal sentence
119 points are multiplied by 1.5. If applying the multiplier results
120 in the lowest permissible sentence exceeding the statutory
121 maximum sentence for the primary offense under chapter 775, the
122 court may not apply the multiplier and must sentence the
123 defendant to the statutory maximum sentence.
124
125 Domestic violence in the presence of a child: If the offender is
126 convicted of the primary offense and the primary offense is a
127 crime of domestic violence, as defined in s. 741.28, which was
128 committed in the presence of a child under 16 years of age who
129 is a family or household member as defined in s. 741.28(3) with
130 the victim or perpetrator, the subtotal sentence points are
131 multiplied by 1.5.
132
133 Adult-on-minor sex offense: If the offender was 18 years of age
134 or older and the victim was younger than 18 years of age at the
135 time the offender committed the primary offense, and if the
136 primary offense was an offense committed on or after October 1,
137 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
138 violation involved a victim who was a minor and, in the course
139 of committing that violation, the defendant committed a sexual
140 battery under chapter 794 or a lewd act under s. 800.04 or s.
141 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
142 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
143 800.04; or s. 847.0135(5), the subtotal sentence points are
144 multiplied by 2.0. If applying the multiplier results in the
145 lowest permissible sentence exceeding the statutory maximum
146 sentence for the primary offense under chapter 775, the court
147 may not apply the multiplier and must sentence the defendant to
148 the statutory maximum sentence.
149 Section 2. Paragraph (f) of subsection (2) and subsection
150 (4) of section 948.06, Florida Statutes, are amended to read:
151 948.06 Violation of probation or community control;
152 revocation; modification; continuance; failure to pay
153 restitution or cost of supervision.—
154 (2)
155 (f)1. Except as provided in subparagraph 3. or upon waiver
156 by the probationer, the court shall modify or continue a
157 probationary term upon finding a probationer in violation when
158 all of the following apply:
159 a. The term of supervision is probation.
160 b. The probationer does not qualify as a violent felony
161 offender of special concern, as defined in paragraph (8)(b).
162 c. The violation is a low-risk technical violation, as
163 defined in paragraph (9)(b).
164 d. The court has not, on two or more separate occasions,
165 previously found the probationer in violation of his or her
166 probation pursuant to a filed violation of probation affidavit
167 during the current term of supervision. A probationer who has
168 successfully completed sanctions through the alternative
169 sanctioning program is eligible for mandatory modification or
170 continuation of his or her probation.
171 2. Upon modifying probation under subparagraph 1., the
172 court may include in the sentence a maximum of 90 days in county
173 jail as a special condition of probation. If the court has
174 previously found the probationer in violation of his or her
175 probation and modified probation with up to 90 days in county
176 jail as a special condition of probation, it may, upon
177 modification of probation under subparagraph 1., include in the
178 sentence a maximum of 120 days in county jail as a special
179 condition of probation.
180 3. Notwithstanding s. 921.0024, if a probationer meets the
181 criteria for mandatory modification in subparagraph 1. but has
182 less time on supervision remaining than the number of days in
183 jail authorized in subparagraph 2. than 90 days of supervision
184 remaining on his or her term of probation and meets the criteria
185 for mandatory modification or continuation in subparagraph 1.,
186 the court may revoke probation and sentence the probationer to a
187 maximum of 90 or 120 days in county jail as provided in
188 subparagraph 2.
189 4. For purposes of imposing a jail sentence under this
190 paragraph only, the court may grant credit only for time served
191 in the county jail since the probationer’s most recent arrest
192 for the violation. However, the court may not order the
193 probationer to a total term of incarceration greater than the
194 maximum provided by s. 775.082.
195 (4) Notwithstanding any other provision of this section, a
196 felony probationer or an offender in community control who is
197 arrested for violating his or her probation or community control
198 in a material respect may be taken before the court in the
199 county or circuit in which the probationer or offender was
200 arrested. That court shall advise him or her of the charge of a
201 violation and, if such charge is admitted, shall cause him or
202 her to be brought before the court that granted the probation or
203 community control. If the violation is not admitted by the
204 probationer or offender, the court may commit him or her or
205 release him or her with or without bail to await further
206 hearing. However, if the probationer or offender is under
207 supervision for any criminal offense proscribed in chapter 794,
208 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
209 registered sexual predator or a registered sexual offender, or
210 is under supervision for a criminal offense for which he or she
211 would meet the registration criteria in s. 775.21, s. 943.0435,
212 or s. 944.607 but for the effective date of those sections, the
213 court must make a finding that the probationer or offender is
214 not a danger to the public prior to release with or without
215 bail. In determining the danger posed by the offender’s or
216 probationer’s release, the court may consider the nature and
217 circumstances of the violation and any new offenses charged; the
218 offender’s or probationer’s past and present conduct, including
219 convictions of crimes; any record of arrests without conviction
220 for crimes involving violence or sexual crimes; any other
221 evidence of allegations of unlawful sexual conduct or the use of
222 violence by the offender or probationer; the offender’s or
223 probationer’s family ties, length of residence in the community,
224 employment history, and mental condition; his or her history and
225 conduct during the probation or community control supervision
226 from which the violation arises and any other previous
227 supervisions, including disciplinary records of previous
228 incarcerations; the likelihood that the offender or probationer
229 will engage again in a criminal course of conduct; the weight of
230 the evidence against the offender or probationer; and any other
231 facts the court considers relevant. The court, as soon as is
232 practicable, shall give the probationer or offender an
233 opportunity to be fully heard on his or her behalf in person or
234 by counsel. If the alleged violation is a low-risk violation, as
235 defined in paragraph (9)(b), the court shall, within 30 days
236 after the probationer’s or offender’s arrest, give the
237 probationer or offender an opportunity to be fully heard on his
238 or her behalf in person or by counsel. If a hearing is not held
239 within 30 days after such arrest, the court must release the
240 probationer or offender without bail unless the court finds that
241 a hearing was not held in the applicable timeframe due to
242 circumstances attributable to the probationer or offender. If
243 the probationer or offender is released, the court may impose
244 nonmonetary conditions of release. After the hearing, the court
245 shall make findings of fact and forward the findings to the
246 court that granted the probation or community control and to the
247 probationer or offender or his or her attorney. The findings of
248 fact by the hearing court are binding on the court that granted
249 the probation or community control. Upon the probationer or
250 offender being brought before it, the court that granted the
251 probation or community control may revoke, modify, or continue
252 the probation or community control or may place the probationer
253 into community control as provided in this section. However, the
254 probationer or offender shall not be released and shall not be
255 admitted to bail, but shall be brought before the court that
256 granted the probation or community control if any violation of
257 felony probation or community control other than a failure to
258 pay costs or fines or make restitution payments is alleged to
259 have been committed by:
260 (a) A violent felony offender of special concern, as
261 defined in this section;
262 (b) A person who is on felony probation or community
263 control for any offense committed on or after March 12, 2007,
264 the effective date of this act and who is arrested for a
265 qualifying offense as defined in this section; or
266 (c) A person who is on felony probation or community
267 control and has previously been found by a court to be a
268 habitual violent felony offender as defined in s. 775.084(1)(b),
269 a three-time violent felony offender as defined in s.
270 775.084(1)(c), or a sexual predator under s. 775.21, and who is
271 arrested for committing a qualifying offense as defined in this
272 section on or after March 12, 2007 the effective date of this
273 act.
274 Section 3. This act shall take effect July 1, 2024.
275
276 ================= T I T L E A M E N D M E N T ================
277 And the title is amended as follows:
278 Delete everything before the enacting clause
279 and insert:
280 A bill to be entitled
281 An act relating to probation and community control
282 violations; amending s. 921.0024, F.S.; revising the
283 sentencing score sheet to reflect the absence of
284 community sanction points assessed in certain
285 circumstances; amending s. 948.06, F.S.; revising
286 sanctions for probation violations; providing for
287 hearings within a specified time period for low-risk
288 probation or community control violations; providing
289 for the release of offenders in certain circumstances
290 if a hearing is not held; providing for nonmonetary
291 conditions of release; making technical changes;
292 providing an effective date.