Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1154
       
       
       
       
       
       
                                Ì555360ÈÎ555360                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2024           .                                
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       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.