CS/HB 1449 2024
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hb1449-01-c1
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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 committing 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 if the commission of such offense 15
was for a specified purpose; providing the 16
reclassification of such offenses; providing an 17
effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Section 775.0848, Florida Statutes, is created 22
to read: 23
775.0848 Commission of a felony after unlawful reentry 24
into the United States; reclassification. — 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
(1) As used in this section, the term "removal" includes 26
any agreement in which a person stipulates to removal during a 27
criminal proceeding under federal or state law. 28
(2) A person who has been deported or removed from the 29
United States under federal immigration proceedings for 30
committing a felony, or has departed the United States while 31
such an order of deportation or remov al is outstanding, shall 32
have the penalty for committing a new felony after unlawfully 33
reentering the United States and while remaining unlawfully 34
present reclassified in the following manner: 35
(a) A felony of the third degree is reclassified to a 36
felony of the second degree. 37
(b) A felony of the second degree is reclassified to a 38
felony of the first degree. 39
(c) A felony of the first degree is reclassified to a life 40
felony. 41
Section 2. Section 908.12, Florida Statutes, is created to 42
read: 43
908.12 Transnational crime organizations; 44
reclassification.— 45
(1) As used in this section, the term "transnational crime 46
organization" means an organization that routinely facilitates 47
the international trafficking of drugs, humans, or weapons or 48
the international smuggling of humans. 49
(2) The penalty for any misdemeanor or felony may be 50
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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
reclassified if the commission of such misdemeanor or felony was 51
for the purpose of benefiting, promoting, or furthering the 52
interests of a transnational crime organization. The 53
reclassification is as follows: 54
(a) A misdemeanor of the second degree is reclassified to 55
a misdemeanor of the first degree. 56
(b) A misdemeanor of the first degree is reclassified to a 57
felony of the third degree. 58
(c) A felony of the third degree is reclassified to a 59
felony of the second degree. 60
(d) A felony of the second degree is reclassified to a 61
felony of the first degree. 62
(e) A felony of the first degree is reclassified to a life 63
felony. 64
Section 3. This act shall take effect October 1, 2024. 65