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