F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 799 2021
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 that are
5 resolved under an alternative sanction program for
6 purposes of calculations under the criminal punishment
7 code; revising provisions concerning the lowest
8 permissible sentence when the court imposes a split
9 sentence; amending s. 948.06, F.S.; providing for the
10 resolution of low-risk violations of probation through
11 an alternative sanction program in certain
12 circumstances; correcting provisions concerning
13 limiting prison sentences for first time revocations
14 for technical violations; providing for structured
15 sentences when technical violations result in prison
16 terms in certain circumstances; providing time periods
17 for hearing and release of a probationer or offender
18 concerning alleged violations that are criminal
19 traffic offenses or technical violations; providing
20 that the default method for the resolution of certain
21 low-risk violations is the alternative sanctions
22 program; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
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26 Section 1. Paragraph (b) of subsection (1) and subsection
27 (2) of section 921.0024, Florida Statutes, are amended to read:
28 921.0024 Criminal Punishment Code; worksheet computations;
29 scoresheets.—
30 (1)
31 (b) WORKSHEET KEY:
32 Legal status points are assessed when any form of legal status
33 existed at the time the offender committed an offense before the
34 court for sentencing. Four (4) sentence points are assessed for
35 an offender's legal status.
36 Community sanction violation points are assessed when a
37 community sanction violation is before the court for sentencing.
38 Six (6) sentence points are assessed for each community sanction
39 violation and each successive community sanction violation,
40 unless any of the following apply:
41 1. If the community sanction violation includes a new
42 felony conviction before the sentencing court, twelve (12)
43 community sanction violation points are assessed for the
44 violation, and for each successive community sanction violation
45 involving a new felony conviction.
46 2. If the community sanction violation is committed by a
47 violent felony offender of special concern as defined in s.
48 948.06:
49 a. Twelve (12) community sanction violation points are
50 assessed for the violation and for each successive violation of
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51 felony probation or community control where:
52 I. The violation does not include a new felony conviction;
53 and
54 II. The community sanction violation is not based solely
55 on the probationer or offender's failure to pay costs or fines
56 or make restitution payments.
57 b. Twenty-four (24) community sanction violation points
58 are assessed for the violation and for each successive violation
59 of felony probation or community control where the violation
60 includes a new felony conviction.
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 Prior serious felony points: If the offender has a primary
65 offense or any additional offense ranked in level 8, level 9, or
66 level 10, and one or more prior serious felonies, a single
67 assessment of thirty (30) points shall be added. For purposes of
68 this section, a prior serious felony is an offense in the
69 offender's prior record that is ranked in level 8, level 9, or
70 level 10 under s. 921.0022 or s. 921.0023 and for which the
71 offender is serving a sentence of confinement, supervision, or
72 other sanction or for which the offender's date of release from
73 confinement, supervision, or other sanction, whichever is later,
74 is within 3 years before the date the primary offense or any
75 additional offense was committed.
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76 Prior capital felony points: If the offender has one or more
77 prior capital felonies in the offender's criminal record, points
78 shall be added to the subtotal sentence points of the offender
79 equal to twice the number of points the offender receives for
80 the primary offense and any additional offense. A prior capital
81 felony in the offender's criminal record is a previous capital
82 felony offense for which the offender has entered a plea of nolo
83 contendere or guilty or has been found guilty; or a felony in
84 another jurisdiction which is a capital felony in that
85 jurisdiction, or would be a capital felony if the offense were
86 committed in this state.
87 Possession of a firearm, semiautomatic firearm, or machine gun:
88 If the offender is convicted of committing or attempting to
89 commit any felony other than those enumerated in s. 775.087(2)
90 while having in his or her possession: a firearm as defined in
91 s. 790.001(6), an additional eighteen (18) sentence points are
92 assessed; or if the offender is convicted of committing or
93 attempting to commit any felony other than those enumerated in
94 s. 775.087(3) while having in his or her possession a
95 semiautomatic firearm as defined in s. 775.087(3) or a machine
96 gun as defined in s. 790.001(9), an additional twenty-five (25)
97 sentence points are assessed.
98 Sentencing multipliers:
99 Drug trafficking: If the primary offense is drug trafficking
100 under s. 893.135, the subtotal sentence points are multiplied,
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101 at the discretion of the court, for a level 7 or level 8
102 offense, by 1.5. The state attorney may move the sentencing
103 court to reduce or suspend the sentence of a person convicted of
104 a level 7 or level 8 offense, if the offender provides
105 substantial assistance as described in s. 893.135(4).
106 Law enforcement protection: If the primary offense is a
107 violation of the Law Enforcement Protection Act under s.
108 775.0823(2), (3), or (4), the subtotal sentence points are
109 multiplied by 2.5. If the primary offense is a violation of s.
110 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
111 are multiplied by 2.0. If the primary offense is a violation of
112 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
113 Protection Act under s. 775.0823(10) or (11), the subtotal
114 sentence points are multiplied by 1.5.
115 Grand theft of a motor vehicle: If the primary offense is grand
116 theft of the third degree involving a motor vehicle and in the
117 offender's prior record, there are three or more grand thefts of
118 the third degree involving a motor vehicle, the subtotal
119 sentence points are multiplied by 1.5.
120 Offense related to a criminal gang: If the offender is convicted
121 of the primary offense and committed that offense for the
122 purpose of benefiting, promoting, or furthering the interests of
123 a criminal gang as defined in s. 874.03, the subtotal sentence
124 points are multiplied by 1.5. If applying the multiplier results
125 in the lowest permissible sentence exceeding the statutory
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126 maximum sentence for the primary offense under chapter 775, the
127 court may not apply the multiplier and must sentence the
128 defendant to the statutory maximum sentence.
129 Domestic violence in the presence of a child: If the offender is
130 convicted of the primary offense and the primary offense is a
131 crime of domestic violence, as defined in s. 741.28, which was
132 committed in the presence of a child under 16 years of age who
133 is a family or household member as defined in s. 741.28(3) with
134 the victim or perpetrator, the subtotal sentence points are
135 multiplied by 1.5.
136 Adult-on-minor sex offense: If the offender was 18 years of age
137 or older and the victim was younger than 18 years of age at the
138 time the offender committed the primary offense, and if the
139 primary offense was an offense committed on or after October 1,
140 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
141 violation involved a victim who was a minor and, in the course
142 of committing that violation, the defendant committed a sexual
143 battery under chapter 794 or a lewd act under s. 800.04 or s.
144 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
145 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
146 800.04; or s. 847.0135(5), the subtotal sentence points are
147 multiplied by 2.0. If applying the multiplier results in the
148 lowest permissible sentence exceeding the statutory maximum
149 sentence for the primary offense under chapter 775, the court
150 may not apply the multiplier and must sentence the defendant to
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151 the statutory maximum sentence.
152 3. If the community sanction violation is resolved through
153 the alternative sanction program under s. 948.03, no points are
154 assessed. If a community sanction violation not resolved through
155 the alternative sanction program is before the court, no points
156 are assessed for prior violations that were resolved through the
157 alternative sanction program.
158 (2) The lowest permissible sentence is the minimum
159 sentence that may be imposed by the trial court, absent a valid
160 reason for departure. The lowest permissible sentence is any
161 nonstate prison sanction in which the total sentence points
162 equals or is less than 44 points, unless the court determines
163 within its discretion that a prison sentence, which may be up to
164 the statutory maximums for the offenses committed, is
165 appropriate. When the total sentence points exceeds 44 points,
166 the lowest permissible sentence in prison months shall be
167 calculated by subtracting 28 points from the total sentence
168 points and decreasing the remaining total by 25 percent. The
169 total sentence points shall be calculated only as a means of
170 determining the lowest permissible sentence. The permissible
171 range for sentencing shall be the lowest permissible sentence up
172 to and including the statutory maximum, as defined in s.
173 775.082, for the primary offense and any additional offenses
174 before the court for sentencing. The sentencing court may impose
175 such sentences concurrently or consecutively. However, any
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176 sentence to state prison must exceed 1 year. If the lowest
177 permissible sentence under the code exceeds the statutory
178 maximum sentence as provided in s. 775.082, the sentence
179 required by the code must be imposed. If the total sentence
180 points are greater than or equal to 363, the court may sentence
181 the offender to life imprisonment. An offender sentenced to life
182 imprisonment under this section is not eligible for any form of
183 discretionary early release, except executive clemency or
184 conditional medical release under s. 947.149. When the total
185 sentence points exceeds 44 points but is less than 108 points
186 and the court imposes a split sentence pursuant to s. 948.012,
187 probation months imposed as part of the split sentence count
188 toward the lowest permissible sentence up to the lesser of 24
189 months or one half of the lowest permissible sentence.
190 Section 2. Paragraph (c) of subsection (1), paragraph (f)
191 of subsection (2), subsection (4), and paragraphs (c), (d), (e),
192 and (i) of subsection (9) of section 948.06, Florida Statutes,
193 are amended to read:
194 948.06 Violation of probation or community control;
195 revocation; modification; continuance; failure to pay
196 restitution or cost of supervision.—
197 (1)
198 (c) If a probationer or offender on community control
199 commits a technical violation, the probation officer shall
200 determine whether the probationer or offender on community
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201 control is eligible for the alternative sanctioning program
202 under subsection (9). If the probation officer determines that
203 the probationer or offender on community control is eligible,
204 the probation officer may proceed with the alternative
205 sanctioning program in lieu of filing an affidavit of violation
206 with the court. If the probationer or offender on community
207 control is eligible for the alternative sanctioning program and
208 the violation is a low-risk violation, as defined in paragraph
209 (9)(b), the probation officer shall proceed with the alternative
210 sanctioning program in lieu of filing an affidavit of violation
211 with the court unless directed by the court to submit or file an
212 affidavit of violation pursuant to paragraph (9)(h). For
213 purposes of this section, the term "technical violation" means
214 an alleged violation of su