HB 1449 2024
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hb1449-00
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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 reclassification of criminal 2
penalties; creating s. 775.0848, F.S.; defining the 3
term "removal"; requiring reclassification of the 4
penalty for the commission of a new felony committed 5
by a person who unlawfully reenters the United States 6
and while remaining unlawfully present after having 7
been deported or removed from the United States under 8
federal immigration proceedings for committ ing a 9
felony, or who has departed the United States while 10
such an order of deportation or removal was 11
outstanding; creating s. 908.12, F.S.; defining the 12
term "transnational crime organization"; authorizing 13
reclassification of the penalty for any felony or 14
misdemeanor offenses or certain other acts or 15
violations upon a specified finding by the factfinder; 16
specifying that the penalty enhancement affects only 17
the applicable statutory maximum sentence; requiring 18
that each of the findings required as a basis fo r such 19
sentence be found beyond a reasonable doubt; providing 20
an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Section 775.0848, Florida Statutes, is created 25
HB 1449 2024
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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
to read: 26
775.0848 Commission of a felony after unlawful reentry 27
into the United States; reclassification. — 28
(1) As used in this section, the term "removal" means any 29
agreement in which a person stipulates to removal during a 30
criminal proceeding under federal or state law. 31
(2) A person who has been d eported or removed from the 32
United States under federal immigration proceedings for 33
committing a felony, or has departed the United States while 34
such an order of deportation or removal is outstanding, shall 35
have the penalty for committing a new felony afte r unlawfully 36
reentering the United States and while remaining unlawfully 37
present reclassified in the following manner: 38
(a) A felony of the third degree is reclassified to a 39
felony of the second degree. 40
(b) A felony of the second degree is reclassified to a 41
felony of the first degree. 42
(c) A felony of the first degree is reclassified to a life 43
felony. 44
Section 2. Section 908.12, Florida Statutes, is created to 45
read: 46
908.12 Transnational crime organizations; 47
reclassification.— 48
(1) As used in this section, the term "transnational crime 49
organization" means an organization that routinely facilitates 50
HB 1449 2024
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hb1449-00
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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 international trafficking of drugs, humans, or weapons or 51
the international smuggling of humans. 52
(2) Upon a finding by the factfinder that a defenda nt 53
committed the charged offense for the purpose of benefiting, 54
promoting, or furthering the interests of a transnational crime 55
organization, the penalty for any felony or misdemeanor, or for 56
any delinquent act or violation of law which would be a felony 57
or misdemeanor if committed by an adult, may be reclassified 58
under this subsection. A penalty enhancement affects only the 59
applicable statutory maximum sentence, and each of the findings 60
required as a basis for such sentence must be found beyond a 61
reasonable doubt. The reclassification is as follows: 62
(a) A misdemeanor of the second degree is reclassified to 63
a misdemeanor of the first degree. 64
(b) A misdemeanor of the first degree is reclassified to a 65
felony of the third degree. 66
(c) A felony of the third degree is reclassified to a 67
felony of the second degree. 68
(d) A felony of the second degree is reclassified to a 69
felony of the first degree. 70
(e) A felony of the first degree is reclassified to a life 71
felony. 72
Section 3. This act shall take effect October 1, 2024. 73