Florida Senate - 2024 CS for SB 1154
By the Committee on Criminal Justice; and Senator Simon
591-02983-24 20241154c1
1 A bill to be entitled
2 An act relating to probation and community control
3 violations; amending s. 921.0024, F.S.; revising the
4 sentencing score sheet to reflect the absence of
5 community sanction points assessed in certain
6 circumstances; amending s. 948.06, F.S.; revising
7 sanctions for probation violations; providing for
8 hearings within a specified time period for low-risk
9 probation or community control violations; providing
10 for the release of offenders in certain circumstances
11 if a hearing is not held; providing for nonmonetary
12 conditions of release; making technical changes;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (b) of subsection (1) of section
18 921.0024, Florida Statutes, is amended to read:
19 921.0024 Criminal Punishment Code; worksheet computations;
20 scoresheets.—
21 (1)
22 (b) WORKSHEET KEY:
23 Legal status points are assessed when any form of legal status
24 existed at the time the offender committed an offense before the
25 court for sentencing. Four (4) sentence points are assessed for
26 an offender’s legal status.
27
28 Community sanction violation points are assessed when a
29 community sanction violation is before the court for sentencing.
30 Six (6) sentence points are assessed for each community sanction
31 violation and each successive community sanction violation,
32 unless any of the following apply:
33 1. If the community sanction violation includes a new
34 felony conviction before the sentencing court, twelve (12)
35 community sanction violation points are assessed for the
36 violation, and for each successive community sanction violation
37 involving a new felony conviction.
38 2. If the community sanction violation is committed by a
39 violent felony offender of special concern as defined in s.
40 948.06:
41 a. Twelve (12) community sanction violation points are
42 assessed for the violation and for each successive violation of
43 felony probation or community control where:
44 I. The violation does not include a new felony conviction;
45 and
46 II. The community sanction violation is not based solely on
47 the probationer or offender’s failure to pay costs or fines or
48 make restitution payments.
49 b. Twenty-four (24) community sanction violation points are
50 assessed for the violation and for each successive violation of
51 felony probation or community control where the violation
52 includes a new felony conviction.
53
54 Multiple counts of community sanction violations before the
55 sentencing court shall not be a basis for multiplying the
56 assessment of community sanction violation points.
57
58 If the community sanction violation is resolved through the
59 alternative sanctioning program under s. 948.06(9), no points
60 are assessed. If a community sanction violation not resolved
61 through the alternative sanctioning program is before the court,
62 no points are assessed for prior violations that were resolved
63 through the alternative sanctioning program.
64
65 Prior serious felony points: If the offender has a primary
66 offense or any additional offense ranked in level 8, level 9, or
67 level 10, and one or more prior serious felonies, a single
68 assessment of thirty (30) points shall be added. For purposes of
69 this section, a prior serious felony is an offense in the
70 offender’s prior record that is ranked in level 8, level 9, or
71 level 10 under s. 921.0022 or s. 921.0023 and for which the
72 offender is serving a sentence of confinement, supervision, or
73 other sanction or for which the offender’s date of release from
74 confinement, supervision, or other sanction, whichever is later,
75 is within 3 years before the date the primary offense or any
76 additional offense was committed.
77
78 Prior capital felony points: If the offender has one or more
79 prior capital felonies in the offender’s criminal record, points
80 shall be added to the subtotal sentence points of the offender
81 equal to twice the number of points the offender receives for
82 the primary offense and any additional offense. A prior capital
83 felony in the offender’s criminal record is a previous capital
84 felony offense for which the offender has entered a plea of nolo
85 contendere or guilty or has been found guilty; or a felony in
86 another jurisdiction which is a capital felony in that
87 jurisdiction, or would be a capital felony if the offense were
88 committed in this state.
89
90 Possession of a firearm, semiautomatic firearm, or machine gun:
91 If the offender is convicted of committing or attempting to
92 commit any felony other than those enumerated in s. 775.087(2)
93 while having in his or her possession: a firearm as defined in
94 s. 790.001, an additional eighteen (18) sentence points are
95 assessed; or if the offender is convicted of committing or
96 attempting to commit any felony other than those enumerated in
97 s. 775.087(3) while having in his or her possession a
98 semiautomatic firearm as defined in s. 775.087(3) or a machine
99 gun as defined in s. 790.001, an additional twenty-five (25)
100 sentence points are assessed.
101
102 Sentencing multipliers:
103
104 Drug trafficking: If the primary offense is drug trafficking
105 under s. 893.135, the subtotal sentence points are multiplied,
106 at the discretion of the court, for a level 7 or level 8
107 offense, by 1.5. The state attorney may move the sentencing
108 court to reduce or suspend the sentence of a person convicted of
109 a level 7 or level 8 offense, if the offender provides
110 substantial assistance as described in s. 893.135(4).
111
112 Violent offenses committed against specified justice system
113 personnel: If the primary offense is a violation of s.
114 775.0823(2), (3), or (4), the subtotal sentence points are
115 multiplied by 2.5. If the primary offense is a violation of s.
116 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
117 are multiplied by 2.0. If the primary offense is a violation of
118 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
119 subtotal sentence points are multiplied by 1.5.
120
121 Grand theft of a motor vehicle: If the primary offense is grand
122 theft of the third degree involving a motor vehicle and in the
123 offender’s prior record, there are three or more grand thefts of
124 the third degree involving a motor vehicle, the subtotal
125 sentence points are multiplied by 1.5.
126
127 Offense related to a criminal gang: If the offender is convicted
128 of the primary offense and committed that offense for the
129 purpose of benefiting, promoting, or furthering the interests of
130 a criminal gang as defined in s. 874.03, the subtotal sentence
131 points are multiplied by 1.5. If applying the multiplier results
132 in the lowest permissible sentence exceeding the statutory
133 maximum sentence for the primary offense under chapter 775, the
134 court may not apply the multiplier and must sentence the
135 defendant to the statutory maximum sentence.
136
137 Domestic violence in the presence of a child: If the offender is
138 convicted of the primary offense and the primary offense is a
139 crime of domestic violence, as defined in s. 741.28, which was
140 committed in the presence of a child under 16 years of age who
141 is a family or household member as defined in s. 741.28(3) with
142 the victim or perpetrator, the subtotal sentence points are
143 multiplied by 1.5.
144
145 Adult-on-minor sex offense: If the offender was 18 years of age
146 or older and the victim was younger than 18 years of age at the
147 time the offender committed the primary offense, and if the
148 primary offense was an offense committed on or after October 1,
149 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
150 violation involved a victim who was a minor and, in the course
151 of committing that violation, the defendant committed a sexual
152 battery under chapter 794 or a lewd act under s. 800.04 or s.
153 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
154 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
155 800.04; or s. 847.0135(5), the subtotal sentence points are
156 multiplied by 2.0. If applying the multiplier results in the
157 lowest permissible sentence exceeding the statutory maximum
158 sentence for the primary offense under chapter 775, the court
159 may not apply the multiplier and must sentence the defendant to
160 the statutory maximum sentence.
161 Section 2. Paragraph (f) of subsection (2) and subsection
162 (4) of section 948.06, Florida Statutes, are amended to read:
163 948.06 Violation of probation or community control;
164 revocation; modification; continuance; failure to pay
165 restitution or cost of supervision.—
166 (2)
167 (f)1. Except as provided in subparagraph 3. or upon waiver
168 by the probationer, the court shall modify or continue a
169 probationary term upon finding a probationer in violation when
170 all of the following apply:
171 a. The term of supervision is probation.
172 b. The probationer does not qualify as a violent felony
173 offender of special concern, as defined in paragraph (8)(b).
174 c. The violation is a low-risk technical violation, as
175 defined in paragraph (9)(b).
176 d. The court has not, on two or more separate occasions,
177 previously found the probationer in violation of his or her
178 probation pursuant to a filed violation of probation affidavit
179 during the current term of supervision. A probationer who has
180 successfully completed sanctions through the alternative
181 sanctioning program is eligible for mandatory modification or
182 continuation of his or her probation.
183 2. Upon modifying probation under subparagraph 1., the
184 court may include in the sentence a maximum of 90 days in county
185 jail as a special condition of probation. If the court has
186 previously found the probationer in violation of his or her
187 probation and modified probation with up to 90 days in county
188 jail as a special condition of probation, it may, upon
189 modification of probation under subparagraph 1., include in the
190 sentence a maximum of 120 days in county jail as a special
191 condition of probation.
192 3. Notwithstanding s. 921.0024, if a probationer meets the
193 criteria for mandatory modification in subparagraph 1. but has
194 less time on supervision remaining than the number of days in
195 jail authorized in subparagraph 2. than 90 days of supervision
196 remaining on his or her term of probation and meets the criteria
197 for mandatory modification or continuation in subparagraph 1.,
198 the court may revoke probation and sentence the probationer to a
199 maximum of 90 or 120 days in county jail as provided in
200 subparagraph 2.
201 4. For purposes of imposing a jail sentence under this
202 paragraph only, the court may grant credit only for time served
203 in the county jail since the probationer’s most recent arrest
204 for the violation. However, the court may not order the
205 probationer to a total term of incarceration greater than the
206 maximum provided by s. 775.082.
207 (4) Notwithstanding any other provision of this section, a
208 felony probationer or an offender in community control who is
209 arrested for violating his or her probation or community control
210 in a material respect may be taken before the court in the
211 county or circuit in which the probationer or offender was
212 arrested. That court shall advise him or her of the charge of a
213 violation and, if such charge is admitted, shall cause him or
214 her to be brought before the court that granted the probation or
215 community control. If the violation is not admitted by the
216 probationer or offender, the court may commit him or her or
217 release him or her with or without bail to await further
218 hearing. However, if the probationer or offender is under
219 supervision for any criminal offense proscribed in chapter 794,
220 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
221 registered sexual predator or a registered sexual offender, or
222 is under supervision for a criminal offense for which he or she
223 would meet the registration criteria in s. 775.21, s. 943.0435,
224 or s. 944.607 but for the effective date of those sections, the
225 court must make a finding that the probationer or offender is
226 not a danger to the public prior to release with or without
227 bail. In determining the danger posed by the offender’s or
228 probationer’s release, the court may consider the nature and
229 circumstances of the violation and any new offenses charged; the
230 offender’s or probationer’s past and present conduct, including
231 convictions of crimes; any record of arrests without conviction
232 for crimes involving violence or sexual crimes; any other
233 evidence of allegations of unlawful sexual conduct or the use of
234 violence by the offender or probationer; the offender’s or
235 probationer’s family ties, length of residence in the community,
236 employment history, and mental condition; his or her history and
237 conduct during the probation or community control supervision
238 from which the violation arises and any other previous
239 supervisions, including disciplinary records of previous
240 incarcerations; the likelihood that the offender or probationer
241 will engage again in a criminal course of conduct; the weight of
242 the evidence against the offender or probationer; and any other
243 facts the court considers relevant. The court, as soon as is
244 practicable, shall give the probationer or offender an
245 opportunity to be fully heard on his or her behalf in person or
246 by counsel. If the alleged violation is a low-risk violation, as
247 defined in paragraph (9)(b), the court shall, within 30 days
248 after the probationer’s or offender’s arrest, give the
249 probationer or offender an opportunity to be fully heard on his
250 or her behalf in person or by counsel. If a hearing is not held
251 within 30 days after such arrest, the court must release the
252 probationer or offender without bail unless the court finds that
253 a hearing was not held in the applicable timeframe due to
254 circumstances attributable to the probationer or offender. If
255 the probationer or offender is released, the court may impose
256 nonmonetary conditions of release. After the hearing, the court
257 shall make findings of fact and forward the findings to the
258 court that granted the probation or community control and to the
259 probationer or offender or his or her attorney. The findings of
260 fact by the hearing court are binding on the court that granted
261 the probation or community control. Upon the probationer or
262 offender being brought before it, the court that granted the
263 probation or community control may revoke, modify, or continue
264 the probation or community control or may place the probationer
265 into community control as provided in this section. However, the
266 probationer or offender shall not be released and shall not be
267 admitted to bail, but shall be brought before the court that
268 granted the probation or community control if any violation of
269 felony probation or community control other than a failure to
270 pay costs or fines or make restitution payments is alleged to
271 have been committed by:
272 (a) A violent felony offender of special concern, as
273 defined in this section;
274 (b) A person who is on felony probation or community
275 control for any offense committed on or after March 12, 2007,
276 the effective date of this act and who is arrested for a
277 qualifying offense as defined in this section; or
278 (c) A person who is on felony probation or community
279 control and has previously been found by a court to be a
280 habitual violent felony offender as defined in s. 775.084(1)(b),
281 a three-time violent felony offender as defined in s.
282 775.084(1)(c), or a sexual predator under s. 775.21, and who is
283 arrested for committing a qualifying offense as defined in this
284 section on or after March 12, 2007 the effective date of this
285 act.
286 Section 3. This act shall take effect July 1, 2024.