FL
Florida House Bill H1449

Florida 2024 Regular Session

Florida House Bill H1449 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to reclassification of criminal 2
1616 penalties; creating s. 775.0848, F.S.; defining the 3
1717 term "removal"; requiring reclassification of the 4
1818 penalty for the commission of a new felony committed 5
1919 by a person who unlawfully reenters the United States 6
2020 and while remaining unlawfully present after having 7
2121 been deported or removed from the United States under 8
2222 federal immigration proceedings for committ ing a 9
2323 felony, or who has departed the United States while 10
2424 such an order of deportation or removal was 11
2525 outstanding; creating s. 908.12, F.S.; defining the 12
2626 term "transnational crime organization"; authorizing 13
2727 reclassification of the penalty for any felony or 14
28-misdemeanor offenses if the commission of such offense 15
29-was for a specified purpose; providing the 16
30-reclassification of such offenses; providing an 17
31-effective date. 18
32- 19
33-Be It Enacted by the Legislature of the State of Florida: 20
34- 21
35- Section 1. Section 775.0848, Florida Statutes, is created 22
36-to read: 23
37- 775.0848 Commission of a felony after unlawful reentry 24
38-into the United States; reclassification. — 25
28+misdemeanor offenses or certain other acts or 15
29+violations upon a specified finding by the factfinder; 16
30+specifying that the penalty enhancement affects only 17
31+the applicable statutory maximum sentence; requiring 18
32+that each of the findings required as a basis fo r such 19
33+sentence be found beyond a reasonable doubt; providing 20
34+an effective date. 21
35+ 22
36+Be It Enacted by the Legislature of the State of Florida: 23
37+ 24
38+ Section 1. Section 775.0848, Florida Statutes, is created 25
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4747 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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51- (1) As used in this section, the term "removal" includes 26
52-any agreement in which a person stipulates to removal during a 27
53-criminal proceeding under federal or state law. 28
54- (2) A person who has been deported or removed from the 29
55-United States under federal immigration proceedings for 30
56-committing a felony, or has departed the United States while 31
57-such an order of deportation or remov al is outstanding, shall 32
58-have the penalty for committing a new felony after unlawfully 33
59-reentering the United States and while remaining unlawfully 34
60-present reclassified in the following manner: 35
61- (a) A felony of the third degree is reclassified to a 36
62-felony of the second degree. 37
63- (b) A felony of the second degree is reclassified to a 38
64-felony of the first degree. 39
65- (c) A felony of the first degree is reclassified to a life 40
66-felony. 41
67- Section 2. Section 908.12, Florida Statutes, is created to 42
68-read: 43
69- 908.12 Transnational crime organizations; 44
70-reclassification.— 45
71- (1) As used in this section, the term "transnational crime 46
72-organization" means an organization that routinely facilitates 47
73-the international trafficking of drugs, humans, or weapons or 48
74-the international smuggling of humans. 49
75- (2) The penalty for any misdemeanor or felony may be 50
51+to read: 26
52+ 775.0848 Commission of a felony after unlawful reentry 27
53+into the United States; reclassification. — 28
54+ (1) As used in this section, the term "removal" means any 29
55+agreement in which a person stipulates to removal during a 30
56+criminal proceeding under federal or state law. 31
57+ (2) A person who has been d eported or removed from the 32
58+United States under federal immigration proceedings for 33
59+committing a felony, or has departed the United States while 34
60+such an order of deportation or removal is outstanding, shall 35
61+have the penalty for committing a new felony afte r unlawfully 36
62+reentering the United States and while remaining unlawfully 37
63+present reclassified in the following manner: 38
64+ (a) A felony of the third degree is reclassified to a 39
65+felony of the second degree. 40
66+ (b) A felony of the second degree is reclassified to a 41
67+felony of the first degree. 42
68+ (c) A felony of the first degree is reclassified to a life 43
69+felony. 44
70+ Section 2. Section 908.12, Florida Statutes, is created to 45
71+read: 46
72+ 908.12 Transnational crime organizations; 47
73+reclassification.— 48
74+ (1) As used in this section, the term "transnational crime 49
75+organization" means an organization that routinely facilitates 50
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8484 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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88-reclassified if the commission of such misdemeanor or felony was 51
89-for the purpose of benefiting, promoting, or furthering the 52
90-interests of a transnational crime organization. The 53
91-reclassification is as follows: 54
92- (a) A misdemeanor of the second degree is reclassified to 55
93-a misdemeanor of the first degree. 56
94- (b) A misdemeanor of the first degree is reclassified to a 57
95-felony of the third degree. 58
96- (c) A felony of the third degree is reclassified to a 59
97-felony of the second degree. 60
98- (d) A felony of the second degree is reclassified to a 61
99-felony of the first degree. 62
100- (e) A felony of the first degree is reclassified to a life 63
101-felony. 64
102- Section 3. This act shall take effect October 1, 2024. 65
88+the international trafficking of drugs, humans, or weapons or 51
89+the international smuggling of humans. 52
90+ (2) Upon a finding by the factfinder that a defenda nt 53
91+committed the charged offense for the purpose of benefiting, 54
92+promoting, or furthering the interests of a transnational crime 55
93+organization, the penalty for any felony or misdemeanor, or for 56
94+any delinquent act or violation of law which would be a felony 57
95+or misdemeanor if committed by an adult, may be reclassified 58
96+under this subsection. A penalty enhancement affects only the 59
97+applicable statutory maximum sentence, and each of the findings 60
98+required as a basis for such sentence must be found beyond a 61
99+reasonable doubt. The reclassification is as follows: 62
100+ (a) A misdemeanor of the second degree is reclassified to 63
101+a misdemeanor of the first degree. 64
102+ (b) A misdemeanor of the first degree is reclassified to a 65
103+felony of the third degree. 66
104+ (c) A felony of the third degree is reclassified to a 67
105+felony of the second degree. 68
106+ (d) A felony of the second degree is reclassified to a 69
107+felony of the first degree. 70
108+ (e) A felony of the first degree is reclassified to a life 71
109+felony. 72
110+ Section 3. This act shall take effect October 1, 2024. 73