HB 611 2022
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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
A bill to be entitled 1
An act relating to criminal sentencing; amending s. 2
921.0024, F.S.; prohibiting points from being assessed 3
for violations of community sanctions that are 4
resolved under an alternative sanctioning program for 5
purposes of calculations under the criminal punishment 6
code; amending s. 948.06, F.S.; providing for the 7
resolution of low-risk violations of probation through 8
an alternative sanctioning program in cert ain 9
circumstances; correcting provisions concerning 10
limiting prison sentences for first time revocations 11
for technical violations; providing for structured 12
sentences when technical violations result in prison 13
terms in certain circumstances; providing time periods 14
for hearing and release of a probationer or offender 15
concerning alleged violations that are criminal 16
traffic offenses or technical violations; providing 17
that an alternative sanctioning program is the default 18
method for the resolution of certain low -risk 19
violations; providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Paragraph (b) of subsection (1) of section 24
921.0024, Florida Statutes, is amended to read: 25
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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
921.0024 Criminal Punishment Code; wo rksheet computations; 26
scoresheets.— 27
(1) 28
(b) WORKSHEET KEY: 29
Legal status points are assessed when any form of legal status 30
existed at the time the offender committed an offense before the 31
court for sentencing. Four (4) sentence points are assessed for 32
an offender's legal status. 33
Community sanction violation points are assessed when a 34
community sanction violation is before the court for sentencing. 35
Six (6) sentence points are assessed for each community sanction 36
violation and each successive community sanc tion violation, 37
unless any of the following apply: 38
1. If the community sanction violation includes a new 39
felony conviction before the sentencing court, twelve (12) 40
community sanction violation points are assessed for the 41
violation, and for each successiv e community sanction violation 42
involving a new felony conviction. 43
2. If the community sanction violation is committed by a 44
violent felony offender of special concern as defined in s. 45
948.06: 46
a. Twelve (12) community sanction violation points are 47
assessed for the violation and for each successive violation of 48
felony probation or community control where: 49
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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
I. The violation does not include a new felony conviction; 50
and 51
II. The community sanction violation is not based solely 52
on the probationer or offende r's failure to pay costs or fines 53
or make restitution payments. 54
b. Twenty-four (24) community sanction violation points 55
are assessed for the violation and for each successive violation 56
of felony probation or community control where the violation 57
includes a new felony conviction. 58
Multiple counts of community sanction violations before the 59
sentencing court shall not be a basis for multiplying the 60
assessment of community sanction violation points. 61
Prior serious felony points: If the offender has a primary 62
offense or any additional offense ranked in level 8, level 9, or 63
level 10, and one or more prior serious felonies, a single 64
assessment of thirty (30) points shall be added. For purposes of 65
this section, a prior serious felony is an offense in the 66
offender's prior record that is ranked in level 8, level 9, or 67
level 10 under s. 921.0022 or s. 921.0023 and for which the 68
offender is serving a sentence of confinement, supervision, or 69
other sanction or for which the offender's date of release from 70
confinement, supervision, or other sanction, whichever is later, 71
is within 3 years before the date the primary offense or any 72
additional offense was committed. 73
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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
Prior capital felony points: If the offender has one or more 74
prior capital felonies in the offender's criminal re cord, points 75
shall be added to the subtotal sentence points of the offender 76
equal to twice the number of points the offender receives for 77
the primary offense and any additional offense. A prior capital 78
felony in the offender's criminal record is a previous capital 79
felony offense for which the offender has entered a plea of nolo 80
contendere or guilty or has been found guilty; or a felony in 81
another jurisdiction which is a capital felony in that 82
jurisdiction, or would be a capital felony if the offense were 83
committed in this state. 84
Possession of a firearm, semiautomatic firearm, or machine gun: 85
If the offender is convicted of committing or attempting to 86
commit any felony other than those enumerated in s. 775.087(2) 87
while having in his or her possession: a firea rm as defined in 88
s. 790.001(6), an additional eighteen (18) sentence points are 89
assessed; or if the offender is convicted of committing or 90
attempting to commit any felony other than those enumerated in 91
s. 775.087(3) while having in his or her possession a 92
semiautomatic firearm as defined in s. 775.087(3) or a machine 93
gun as defined in s. 790.001(9), an additional twenty -five (25) 94
sentence points are assessed. 95
Sentencing multipliers: 96
Drug trafficking: If the primary offense is drug trafficking 97
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under s. 893.135, the subtotal sentence points are multiplied, 98
at the discretion of the court, for a level 7 or level 8 99
offense, by 1.5. The state attorney may move the sentencing 100
court to reduce or suspend the sentence of a person convicted of 101
a level 7 or level 8 offe nse, if the offender provides 102
substantial assistance as described in s. 893.135(4). 103
Law enforcement protection: If the primary offense is a 104
violation of the Law Enforcement Protection Act under s. 105
775.0823(2), (3), or (4), the subtotal sentence points are 106
multiplied by 2.5. If the primary offense is a violation of s. 107
775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 108
are multiplied by 2.0. If the primary offense is a violation of 109
s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 110
Protection Act under s. 775.0823(10) or (11), the subtotal 111
sentence points are multiplied by 1.5. 112
Grand theft of a motor vehicle: If the primary offense is grand 113
theft of the third degree involving a motor vehicle and in the 114
offender's prior record, there are th ree or more grand thefts of 115
the third degree involving a motor vehicle, the subtotal 116
sentence points are multiplied by 1.5. 117
Offense related to a criminal gang: If the offender is convicted 118
of the primary offense and committed that offense for the 119
purpose of benefiting, promoting, or furthering the interests of 120
a criminal gang as defined in s. 874.03, the subtotal sentence 121
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points are multiplied by 1.5. If applying the multiplier results 122
in the lowest permissible sentence exceeding the statutory 123
maximum sentence for the primary offense under chapter 775, the 124
court may not apply the multiplier and must sentence the 125
defendant to the statutory maximum sentence. 126
Domestic violence in the presence of a child: If the offender is 127
convicted of the primary offense and t he primary offense is a 128
crime of domestic violence, as defined in s. 741.28, which was 129
committed in the presence of a child under 16 years of age who 130
is a family or household member as defined in s. 741.28(3) with 131
the victim or perpetrator, the subtotal se ntence points are 132
multiplied by 1.5. 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 multipli er results in the 145
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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
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
3. If the community sanction violation is resolved through 150
the alternative sanctioning program under s. 948.06(9), no 151
points are assessed. If a community sanction violation not 152
resolved through the alternative sanctioning program is before 153
the court, no points are assessed for prior violations that were 154
resolved through the alternative sanctioning program. 155
Section 2. Paragraph (c) of subsection (1), paragraph (f) 156
of subsection (2), subsection (4), and paragraphs (c), (d), (e), 157
and (i) of subsection (9) of section 948.06, Florida Statutes, 158
are amended to read: 159
948.06 Violation of probation or community control; 160
revocation; modification; continuance; failure to pay 161
restitution or cost of supervision. — 162
(1) 163
(c) If a probationer or offender on community control 164
commits a technical violation, the probation officer shall 165
determine whether the probationer or offender on community 166
control is eligible for the alternative sanctioning program 167
under subsection (9). If the probation officer determines that 168
the probationer or offend er on community control is eligible, 169
the probation officer may proceed with the alternative 170
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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
sanctioning program in lieu of filing an affidavit of violation 171
with the court. If the probationer or offender on community 172
control is eligible for the alternative sanctioning program and 173
the violation is a low -risk violation, as defined in paragraph 174
(9)(b), the probation officer shall proceed with the alternative 175
sanctioning program in lieu of filing an affidavit of violation 176
with the court unless directed by the co urt to submit or file an 177
affidavit of violation pursuant to paragraph (9)(i). For 178
purposes of this section, the term "technical violation" means 179
an alleged violation of supervision that is not a new felony 180
offense, a misdemeanor violation of chapter 784, a misdemeanor 181
crime of domestic violence, as defined in s. 741.28, or a 182
misdemeanor under s. 316.193, s. 741.29, s. 741.31, s. 784.046, 183
s. 784.047, s. 784.048, s. 784.0487, s. 784.049, or s. 787.025 184
misdemeanor offense, or criminal traffic offense other than a 185
misdemeanor violation of s. 322.34 . 186
(2) 187
(f)1. Except as provided in subparagraph 4. 3. or upon 188
waiver by the probationer, the court shall modify or continue a 189
probationary term upon finding a probationer in violation when 190
all of the following apply: 191
a. The term of supervision is probation. 192
b. The probationer does not qualify as a violent felony 193
offender of special concern, as defined in paragraph (8)(b). 194
c. The violation is a low -risk technical violation, as 195
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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
defined in paragraph (9)(b). 196
d. The court has not, on two or more separate occasions, 197
previously found the probationer in violation of his or her 198
probation pursuant to a filed violation of probation affidavit 199
during the current term of supervision. A probationer who has 200
successfully completed sanctions through the alternative 201
sanctioning program is eligible for mandatory modification or 202
continuation of his or her probation. 203
2. Upon modifying probation under subparagraph 1., the 204
court may include in the sentence a maximum of 90 days in cou nty 205
jail as a special condition of probation. If the court has 206
previously found the probationer in violation of his or her 207
probation and modified probation with up to 90 days in county 208
jail as a special condition of probation it may, upon 209
modification of probation under subparagraph 1., include in the 210
sentence a maximum of 120 days in county jail as a special 211
condition of probation. 212
3.2. Upon modifying probation under subparagraph 1., the 213
court may include in the sentence a maximum of 90 days in county 214
jail as a special condition of probation. 215
4.3. Notwithstanding s. 921.0024, if a probationer meets 216
the criteria for mandatory modification in subparagraph 1. but 217
has less time on supervision remaining than the number of days 218
in jail authorized in subparagr aph 2. than 90 days of 219
supervision remaining on his or her term of probation and meets 220
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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
the criteria for mandatory modification or continuation in 221
subparagraph 1., the court may revoke probation and sentence the 222
probationer to a maximum of 90 or 120 days in county jail as 223
provided in subparagraph 2 . 224
5.4. For purposes of imposing a jail sentence under this 225
paragraph only, the court may grant credit only for time served 226
in the county jail since the probationer's most recent arrest 227
for the violation. However, the court may not order the 228
probationer to a total term of incarceration greater than the 229
maximum provided by s. 775.082. 230
(4) Notwithstanding any other provision of this section, a 231
felony probationer or an offender in community control who is 232
arrested for violating his or her probation or community control 233
in a material respect may be taken before the court in the 234
county or circuit in which the probationer or offender was 235
arrested. That court shall advise him or her of the charge of a 236
violation and, if such charge is admitted, shall cause him or 237
her to be brought before the court that granted the probation or 238
community control. If the violation is not admitted by the 239
probationer or offender, the court may commit him or her or 240
release him or her with or without bail to await further 241
hearing. However, if the probationer or offender is under 242
supervision for any criminal offense p roscribed in chapter 794, 243
s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 244
registered sexual predator or a registered sexual offender, or 245
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is under supervision for a criminal offense for which he or she 246
would meet the registration criteria in s. 775.21, s. 943.0435, 247
or s. 944.607 but for the effective date of those sections, the 248
court must make a finding that the probationer or offender is 249
not a danger to the public prior to release with or without 250
bail. In determining the danger posed by the offe nder's or 251
probationer's release, the court may consider the nature and 252
circumstances of the violation and any new offenses charged; the 253
offender's or probationer's past and present conduct, including 254
convictions of crimes; any record of arrests without con viction 255
for crimes involving violence or sexual crimes; any other 256
evidence of allegations of unlawful sexual conduct or the use of 257
violence by the offender or probationer; the offender's or 258
probationer's family ties, length of residence in the community, 259
employment history, and mental condition; his or her history and 260
conduct during the probation or community control supervision 261
from which the violation arises and any other previous 262
supervisions, including disciplinary records of previous 263
incarcerations; the likelihood that the offender or probationer 264
will engage again in a criminal course of conduct; the weight of 265
the evidence against the offender or probationer; and any other 266
facts the court considers relevant. The court, as soon as is 267
practicable, shall g ive the probationer or offender an 268
opportunity to be fully heard on his or her behalf in person or 269
by counsel. If the alleged violation is a criminal traffic 270
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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
offense or a low-risk violation, as defined in paragraph (9)(b), 271
the court shall, within 20 days a fter arrest, give the 272
probationer or offender an opportunity to be fully heard on his 273
or her behalf in person or by counsel. If no hearing is held 274
within 20 days after arrest, the court shall release the 275
probationer or offender without bail. The court may impose 276
nonmonetary conditions of release. After the hearing, the court 277
shall make findings of fact and forward the findings to the 278
court that granted the probation or community control and to the 279
probationer or offender or his or her attorney. The findings of 280
fact by the hearing court are binding on the court that granted 281
the probation or community control. Upon the probationer or 282
offender being brought before it, the court that granted the 283
probation or community control may revoke, modify, or continue 284
the probation or community control or may place the probationer 285
into community control as provided in this section. However, the 286
probationer or offender shall not be released and shall not be 287
admitted to bail, but shall be brought before the court that 288
granted the probation or community control if any violation of 289
felony probation or community control other than a failure to 290
pay costs or fines or make restitution payments is alleged to 291
have been committed by: 292
(a) A violent felony offender of special concern, as 293
defined in this section; 294
(b) A person who is on felony probation or community 295
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control for any offense committed on or after the effective date 296
of this act and who is arrested for a qualifying offense as 297
defined in this section; or 298
(c) A person who is on felony probation or community 299
control and has previously been found by a court to be a 300
habitual violent felony offender as defined in s. 775.084(1)(b), 301
a three-time violent felony offender as defined in s. 302
775.084(1)(c), or a sexual predator under s. 775.21, and who is 303
arrested for committing a qualifying offense as defined in this 304
section on or after the effective date of this act. 305
(9) 306
(c) As used in this subsection, the term "moderate -risk 307
violation" means any of the following: 308
1. A violation identified in paragraph (b), when committed 309
by an offender on community control. 310
2. Failure to remain at an approved residence by an 311
offender on community control. 312
3. A third violation identified in paragraph (b) by a 313
probationer within the current term of supervision. 314
4. A new misdemeanor offense that is not a misdemeanor 315
violation of chapter 784, a misdemeanor crime of domestic 316
violence, as defined in s. 741.28, or a misdemeanor under s. 317
316.193, s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 318
784.048, s. 784.0487, s. 784.049, or s. 787.025. 319
5.4. Any other violation as determined by administrative 320
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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
order of the chief judge of the circuit. 321
(d) A probationer or offender on community control is not 322
eligible for an alternative sanction if: 323
1. He or she is a violent felony offender of special 324
concern as defined in paragraph (8)(b); 325
2. The violation is a felony, a misdemeanor violation of 326
chapter 784, a misdemeanor crime of domestic violence, as 327
defined in s. 741.28, or a misdemeanor under s. 316.193, s. 328
741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, s. 329
784.0487, s. 784.049, or s. 787.025 misdemeanor, or criminal 330
traffic offense other than a misdemeanor violation of s. 322.34 ; 331
3. The violation is absconding; 332
4. The violation is of a stay -away order or no-contact 333
order; 334
5. The violation is not identified as low -risk or 335
moderate-risk under this subsection or by administrative order; 336
6. He or she has a prior moderate -risk level violation 337
during the current term of supervision; 338
7. He or she has three prior low-risk level violations 339
during the same term of supervision; 340
8. The term of supervision is scheduled to terminate in 341
less than 90 days; or 342
9. The terms of the sentence prohibit alternative 343
sanctioning. 344
(e) For a first or second low -risk violation, as defined 345
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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
in paragraph (b), within the current term of supervision, a 346
probation officer shall may offer an eligible probationer one or 347
more of the following as an alternative sanction: 348
1. Up to 5 days in the county jail. 349
2. Up to 50 additional community service hours. 350
3. Counseling or treatment. 351
4. Support group attendance. 352
5. Drug testing. 353
6. Loss of travel or other privileges. 354
7. Curfew for up to 30 days. 355
8. House arrest for up to 30 days. 356
9.a. Any other sanction as determined by administrative 357
order of the chief judge of the circuit. 358
b. However, in no circumstance shall participation in an 359
alternative sanctioning program convert a withheld adjudication 360
to an adjudication of guilt. 361
(i) If the violation is a low -risk violation under 362
paragraph (b), the court shall impose the recommended sanction 363
unless it records a finding of specific, identified risk to 364
public safety, in which case it may direct the department to 365
submit a violation report, affidavit, and warrant to the court. 366
In all other cases, the court may impose the recommended 367
sanction or direct the department to submit a violation report, 368
affidavit, and warrant to the court. 369
Section 3. This act shall take effect October 1, 2022. 370