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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 low -risk 16
violations; providing that an alternative sanctioning 17
program is the default method for the resolution of 18
certain low-risk violations; providing an effective 19
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; worksheet 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
34
Community sanction violation points are assessed when a 35
community sanction violation is before the court for sentencing. 36
Six (6) sentence points are assessed for each community sanction 37
violation and each successive community sanction violation, 38
unless any of the following apply: 39
1. If the community sanction violation includes a new 40
felony conviction before the sentencing court, twelve (12) 41
community sanction violation points are assessed for the 42
violation, and for each successive community sanction violatio n 43
involving a new felony conviction. 44
2. If the community sanction violation is committed by a 45
violent felony offender of special concern as defined in s. 46
948.06: 47
a. Twelve (12) community sanction violation points are 48
assessed for the violation and for each successive violation of 49
felony probation or community control where: 50
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I. The violation does not include a new felony conviction; 51
and 52
II. The community sanction violation is not based solely 53
on the probationer or offender's failure to pay costs or f ines 54
or make restitution payments. 55
b. Twenty-four (24) community sanction violation points 56
are assessed for the violation and for each successive violation 57
of felony probation or community control where the violation 58
includes a new felony conviction. 59
60
Multiple counts of community sanction violations before the 61
sentencing court shall not be a basis for multiplying the 62
assessment of community sanction violation points. 63
64
If the community sanction violation is resolved through the 65
alternative sanctioning pr ogram under s. 948.06(9), no points 66
are assessed. If a community sanction violation not resolved 67
through the alternative sanctioning program is before the court, 68
no points are assessed for prior violations that were resolved 69
through the alternative sanctio ning program. 70
71
Prior serious felony points: If the offender has a primary 72
offense or any additional offense ranked in level 8, level 9, or 73
level 10, and one or more prior serious felonies, a single 74
assessment of thirty (30) points shall be added. For purpo ses of 75
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this section, a prior serious felony is an offense in the 76
offender's prior record that is ranked in level 8, level 9, or 77
level 10 under s. 921.0022 or s. 921.0023 and for which the 78
offender is serving a sentence of confinement, supervision, or 79
other sanction or for which the offender's date of release from 80
confinement, supervision, or other sanction, whichever is later, 81
is within 3 years before the date the primary offense or any 82
additional offense was committed. 83
84
Prior capital felony points: If the offender has one or more 85
prior capital felonies in the offender's criminal record, points 86
shall be added to the subtotal sentence points of the offender 87
equal to twice the number of points the offender receives for 88
the primary offense and any additional of fense. A prior capital 89
felony in the offender's criminal record is a previous capital 90
felony offense for which the offender has entered a plea of nolo 91
contendere or guilty or has been found guilty; or a felony in 92
another jurisdiction which is a capital fel ony in that 93
jurisdiction, or would be a capital felony if the offense were 94
committed in this state. 95
96
Possession of a firearm, semiautomatic firearm, or machine gun: 97
If the offender is convicted of committing or attempting to 98
commit any felony other than th ose enumerated in s. 775.087(2) 99
while having in his or her possession: a firearm as defined in 100
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s. 790.001(6), an additional eighteen (18) sentence points are 101
assessed; or if the offender is convicted of committing or 102
attempting to commit any felony other t han those enumerated in 103
s. 775.087(3) while having in his or her possession a 104
semiautomatic firearm as defined in s. 775.087(3) or a machine 105
gun as defined in s. 790.001(9), an additional twenty -five (25) 106
sentence points are assessed. 107
108
Sentencing multiplie rs: 109
110
Drug trafficking: If the primary offense is drug trafficking 111
under s. 893.135, the subtotal sentence points are multiplied, 112
at the discretion of the court, for a level 7 or level 8 113
offense, by 1.5. The state attorney may move the sentencing 114
court to reduce or suspend the sentence of a person convicted of 115
a level 7 or level 8 offense, if the offender provides 116
substantial assistance as described in s. 893.135(4). 117
118
Law enforcement protection: If the primary offense is a 119
violation of the Law Enforcement Pr otection Act under s. 120
775.0823(2), (3), or (4), the subtotal sentence points are 121
multiplied by 2.5. If the primary offense is a violation of s. 122
775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 123
are multiplied by 2.0. If the primary offense i s a violation of 124
s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 125
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Protection Act under s. 775.0823(10) or (11), the subtotal 126
sentence points are multiplied by 1.5. 127
128
Grand theft of a motor vehicle: If the primary offense is grand 129
theft of the third degree involving a motor vehicle and in the 130
offender's prior record, there are three or more grand thefts of 131
the third degree involving a motor vehicle, the subtotal 132
sentence points are multiplied by 1.5. 133
134
Offense related to a criminal gang: If the offend er is convicted 135
of the primary offense and committed that offense for the 136
purpose of benefiting, promoting, or furthering the interests of 137
a criminal gang as defined in s. 874.03, the subtotal sentence 138
points are multiplied by 1.5. If applying the multipli er results 139
in the lowest permissible sentence exceeding the statutory 140
maximum sentence for the primary offense under chapter 775, the 141
court may not apply the multiplier and must sentence the 142
defendant to the statutory maximum sentence. 143
144
Domestic violence in the presence of a child: If the offender is 145
convicted of the primary offense and the primary offense is a 146
crime of domestic violence, as defined in s. 741.28, which was 147
committed in the presence of a child under 16 years of age who 148
is a family or househo ld member as defined in s. 741.28(3) with 149
the victim or perpetrator, the subtotal sentence points are 150
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multiplied by 1.5. 151
152
Adult-on-minor sex offense: If the offender was 18 years of age 153
or older and the victim was younger than 18 years of age at the 154
time the offender committed the primary offense, and if the 155
primary offense was an offense committed on or after October 1, 156
2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 157
violation involved a victim who was a minor and, in the course 158
of committing that violation, the defendant committed a sexual 159
battery under chapter 794 or a lewd act under s. 800.04 or s. 160
847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 161
787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 162
800.04; or s. 847.0135(5), the subtotal sentence points are 163
multiplied by 2.0. If applying the multiplier results in the 164
lowest permissible sentence exceeding the statutory maximum 165
sentence for the primary offense under chapter 775, the court 166
may not apply the multiplier an d must sentence the defendant to 167
the statutory maximum sentence. 168
Section 2. Paragraph (c) of subsection (1), paragraph (f) 169
of subsection (2), subsection (4), and paragraphs (c), (d), (e), 170
and (i) of subsection (9) of section 948.06, Florida Statutes, 171
are amended to read: 172
948.06 Violation of probation or community control; 173
revocation; modification; continuance; failure to pay 174
restitution or cost of supervision. — 175
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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
(1) 176
(c) If a probationer or offender on community control 177
commits a technical violation, the probation officer shall 178
determine whether the probationer or offender on community 179
control is eligible for the alternative sanctioning program 180
under subsection (9). If the probation officer determines that 181
the probationer or offender on community cont rol is eligible, 182
the probation officer may proceed with the alternative 183
sanctioning program in lieu of filing an affidavit of violation 184
with the court. If the probationer or offender on community 185
control is eligible for the alternative sanctioning program and 186
the violation is a low -risk violation, as defined in paragraph 187
(9)(b), the probation officer shall proceed with the alternative 188
sanctioning program in lieu of filing an affidavit of violation 189
with the court unless directed by the court to submit or fil e an 190
affidavit of violation pursuant to paragraph (9)(i). For 191
purposes of this section, the term "technical violation" means 192
an alleged violation of supervision that is not a new felony 193
offense, a misdemeanor violation of chapter 784, a misdemeanor 194
crime of domestic violence, as defined in s. 741.28, or a 195
misdemeanor under s. 316.193, s. 741.29, s. 741.31, s. 784.046, 196
s. 784.047, s. 784.048, s. 784.0487, s. 784.049, or s. 787.025 197
misdemeanor offense, or criminal traffic offense other than a 198
misdemeanor violation of s. 322.34. 199
(2) 200
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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
(f)1. Except as provided in subparagraph 4. 3. or upon 201
waiver by the probationer, the court shall modify or continue a 202
probationary term upon finding a probationer in violation when 203
all of the following apply: 204
a. The term of supervision is probation. 205
b. The probationer does not qualify as a violent felony 206
offender of special concern, as defined in paragraph (8)(b). 207
c. The violation is a low -risk technical violation, as 208
defined in paragraph (9)(b). 209
d. The court has not , on two or more separate occasions, 210
previously found the probationer in violation of his or her 211
probation pursuant to a filed violation of probation affidavit 212
during the current term of supervision. A probationer who has 213
successfully completed sanctions thro ugh the alternative 214
sanctioning program is eligible for mandatory modification or 215
continuation of his or her probation. 216
2. Upon modifying probation under subparagraph 1., the 217
court may include in the sentence a maximum of 90 days in county 218
jail as a special condition of probation. If the court has 219
previously found the probationer in violation of his or her 220
probation and modified probation with up to 90 days in county 221
jail as a special condition of probation it may, upon 222
modification of probation under sub paragraph 1., include in the 223
sentence a maximum of 120 days in county jail as a special 224
condition of probation. 225
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3.2. Upon modifying probation under subparagraph 1., the 226
court may include in the sentence a maximum of 90 days in county 227
jail as a special co ndition of probation. 228
4.3. Notwithstanding s. 921.0024, if a probationer meets 229
the criteria for mandatory modification in subparagraph 1. but 230
has less time on supervision remaining than the number of days 231
in jail authorized in subparagraph 2. than 90 days of 232
supervision remaining on his or her term of probation and meets 233
the criteria for mandatory modification or continuation in 234
subparagraph 1., the court may revoke probation and sentence the 235
probationer to a maximum of 90 or 120 days in county jail as 236
provided in subparagraph 2 . 237
5.4. For purposes of imposing a jail sentence under this 238
paragraph only, the court may grant credit only for time served 239
in the county jail since the probationer's most recent arrest 240
for the violation. However, the court may not order the 241
probationer to a total term of incarceration greater than the 242
maximum provided by s. 775.082. 243
(4) Notwithstanding any other provision of this section, a 244
felony probationer or an offender in community control who is 245
arrested for violating his o r her probation or community control 246
in a material respect may be taken before the court in the 247
county or circuit in which the probationer or offender was 248
arrested. That court shall advise him or her of the charge of a 249
violation and, if such charge is admi tted, shall cause him or 250
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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
her to be brought before the court that granted the probation or 251
community control. If the violation is not admitted by the 252
probationer or offender, the court may commit him or her or 253
release him or her with or without bail to awai t further 254
hearing. However, if the probationer or offender is under 255
supervision for any criminal offense proscribed in chapter 794, 256
s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 257
registered sexual predator or a registered sexual offender, or 258
is under supervision for a criminal offense for which he or she 259
would meet the registration criteria in s. 775.21, s. 943.0435, 260
or s. 944.607 but for the effective date of those sections, the 261
court must make a finding that the probationer or offender is 262
not a danger to the public prior to release with or without 263
bail. In determining the danger posed by the offender's or 264
probationer's release, the court may consider the nature and 265
circumstances of the violation and any new offenses charged; the 266
offender's or probationer's past and present conduct, including 267
convictions of crimes; any record of arrests without conviction 268
for crimes involving violence or sexual crimes; any other 269
evidence of allegations of unlawful sexual conduct or the use of 270
violence by the offender or probationer; the offender's or 271
probationer's family ties, length of residence in the community, 272
employment history, and mental condition; his or her history and 273
conduct during the probation or community control supervision 274
from which the violation arises and any other previous 275
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supervisions, including disciplinary records of previous 276
incarcerations; the likelihood that the offender or probationer 277
will engage again in a criminal course of conduct; the weight of 278
the evidence against the offender or pr obationer; and any other 279
facts the court considers relevant. The court, as soon as is 280
practicable, shall give the probationer or offender an 281
opportunity to be fully heard on his or her behalf in person or 282
by counsel. If the alleged violation is a low -risk violation, as 283
defined in paragraph (9)(b), the court shall, within 20 days 284
after arrest, give the probationer or offender an opportunity to 285
be fully heard on his or her behalf in person or by counsel. If 286
no hearing is held within 20 days after arrest, the court shall 287
release the probationer or offender without bail. The court may 288
impose nonmonetary conditions of release. After the hearing, the 289
court shall make findings of fact and forward the findings to 290
the court that granted the probation or community con trol and to 291
the probationer or offender or his or her attorney. The findings 292
of fact by the hearing court are binding on the court that 293
granted the probation or community control. Upon the probationer 294
or offender being brought before it, the court that gra nted the 295
probation or community control may revoke, modify, or continue 296
the probation or community control or may place the probationer 297
into community control as provided in this section. However, the 298
probationer or offender shall not be released and shall not be 299
admitted to bail, but shall be brought before the court that 300
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granted the probation or community control if any violation of 301
felony probation or community control other than a failure to 302
pay costs or fines or make restitution payments is alleged to 303
have been committed by: 304
(a) A violent felony offender of special concern, as 305
defined in this section; 306
(b) A person who is on felony probation or community 307
control for any offense committed on or after the effective date 308
of this act and who is arrested for a qualifying offense as 309
defined in this section; or 310
(c) A person who is on felony probation or community 311
control and has previously been found by a court to be a 312
habitual violent felony offender as defined in s. 775.084(1)(b), 313
a three-time violent felony offender as defined in s. 314
775.084(1)(c), or a sexual predator under s. 775.21, and who is 315
arrested for committing a qualifying offense as defined in this 316
section on or after the effective date of this act. 317
(9) 318
(c) As used in this subsection, the te rm "moderate-risk 319
violation" means any of the following: 320
1. A violation identified in paragraph (b), when committed 321
by an offender on community control. 322
2. Failure to remain at an approved residence by an 323
offender on community control. 324
3. A third violation identified in paragraph (b) by a 325
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probationer within the current term of supervision. 326
4. A new misdemeanor offense that is not a misdemeanor 327
violation of chapter 784, a misdemeanor crime of domestic 328
violence, as defined in s. 741.28, or a misdemeano r under s. 329
316.193, s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 330
784.048, s. 784.0487, s. 784.049, or s. 787.025. 331
5.4. Any other violation as determined by administrative 332
order of the chief judge of the circuit. 333
(d) A probationer or offender on com munity control is not 334
eligible for an alternative sanction if: 335
1. He or she is a violent felony offender of special 336
concern as defined in paragraph (8)(b); 337
2. The violation is a felony, a misdemeanor violation of 338
chapter 784, a misdemeanor crime of dom estic violence, as 339
defined in s. 741.28, or a misdemeanor under s. 316.193, s. 340
741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, s. 341
784.0487, s. 784.049, or s. 787.025 misdemeanor, or criminal 342
traffic offense other than a misdemeanor violation of s. 3 22.34; 343
3. The violation is absconding; 344
4. The violation is of a stay -away order or no-contact 345
order; 346
5. The violation is not identified as low -risk or 347
moderate-risk under this subsection or by administrative order; 348
6. He or she has a prior moderate -risk level violation 349
during the current term of supervision; 350
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7. He or she has three prior low -risk level violations 351
during the same term of supervision; 352
8. The term of supervision is scheduled to terminate in 353
less than 90 days; or 354
9. The terms of the sentence prohibit alternative 355
sanctioning. 356
(e) For a first or second low -risk violation, as defined 357
in paragraph (b), within the current term of supervision, a 358
probation officer shall may offer an eligible probationer one or 359
more of the following as an alternative sanction: 360
1. Up to 5 days in the county jail. 361
2. Up to 50 additional community service hours. 362
3. Counseling or treatment. 363
4. Support group attendance. 364
5. Drug testing. 365
6. Loss of travel or other privileges. 366
7. Curfew for up to 30 days. 367
8. House arrest for up to 30 days. 368
9.a. Any other sanction as determined by administrative 369
order of the chief judge of the circuit. 370
b. However, in no circumstance shall participation in an 371
alternative sanctioning program convert a withheld a djudication 372
to an adjudication of guilt. 373
(i) If the violation is a low -risk violation under 374
paragraph (b), the court shall impose the recommended sanction 375
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unless it records a finding of specific, identified risk to 376
public safety, in which case it may dir ect the department to 377
submit a violation report, affidavit, and warrant to the court. 378
In all other cases, the court may impose the recommended 379
sanction or direct the department to submit a violation report, 380
affidavit, and warrant to the court. 381
Section 3. This act shall take effect October 1, 2023. 382