Florida Senate - 2024 CS for SB 1154 By the Committee on Criminal Justice; and Senator Simon 591-02983-24 20241154c1 1 A bill to be entitled 2 An act relating to probation and community control 3 violations; amending s. 921.0024, F.S.; revising the 4 sentencing score sheet to reflect the absence of 5 community sanction points assessed in certain 6 circumstances; amending s. 948.06, F.S.; revising 7 sanctions for probation violations; providing for 8 hearings within a specified time period for low-risk 9 probation or community control violations; providing 10 for the release of offenders in certain circumstances 11 if a hearing is not held; providing for nonmonetary 12 conditions of release; making technical changes; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1.Paragraph (b) of subsection (1) of section 18 921.0024, Florida Statutes, is amended to read: 19 921.0024Criminal Punishment Code; worksheet computations; 20 scoresheets. 21 (1) 22 (b)WORKSHEET KEY: 23 Legal status points are assessed when any form of legal status 24 existed at the time the offender committed an offense before the 25 court for sentencing. Four (4) sentence points are assessed for 26 an offenders legal status. 27 28 Community sanction violation points are assessed when a 29 community sanction violation is before the court for sentencing. 30 Six (6) sentence points are assessed for each community sanction 31 violation and each successive community sanction violation, 32 unless any of the following apply: 33 1.If the community sanction violation includes a new 34 felony conviction before the sentencing court, twelve (12) 35 community sanction violation points are assessed for the 36 violation, and for each successive community sanction violation 37 involving a new felony conviction. 38 2.If the community sanction violation is committed by a 39 violent felony offender of special concern as defined in s. 40 948.06: 41 a.Twelve (12) community sanction violation points are 42 assessed for the violation and for each successive violation of 43 felony probation or community control where: 44 I.The violation does not include a new felony conviction; 45 and 46 II.The community sanction violation is not based solely on 47 the probationer or offenders failure to pay costs or fines or 48 make restitution payments. 49 b.Twenty-four (24) community sanction violation points are 50 assessed for the violation and for each successive violation of 51 felony probation or community control where the violation 52 includes a new felony conviction. 53 54 Multiple counts of community sanction violations before the 55 sentencing court shall not be a basis for multiplying the 56 assessment of community sanction violation points. 57 58 If the community sanction violation is resolved through the 59 alternative sanctioning program under s. 948.06(9), no points 60 are assessed. If a community sanction violation not resolved 61 through the alternative sanctioning program is before the court, 62 no points are assessed for prior violations that were resolved 63 through the alternative sanctioning program. 64 65 Prior serious felony points: If the offender has a primary 66 offense or any additional offense ranked in level 8, level 9, or 67 level 10, and one or more prior serious felonies, a single 68 assessment of thirty (30) points shall be added. For purposes of 69 this section, a prior serious felony is an offense in the 70 offenders prior record that is ranked in level 8, level 9, or 71 level 10 under s. 921.0022 or s. 921.0023 and for which the 72 offender is serving a sentence of confinement, supervision, or 73 other sanction or for which the offenders date of release from 74 confinement, supervision, or other sanction, whichever is later, 75 is within 3 years before the date the primary offense or any 76 additional offense was committed. 77 78 Prior capital felony points: If the offender has one or more 79 prior capital felonies in the offenders criminal record, points 80 shall be added to the subtotal sentence points of the offender 81 equal to twice the number of points the offender receives for 82 the primary offense and any additional offense. A prior capital 83 felony in the offenders criminal record is a previous capital 84 felony offense for which the offender has entered a plea of nolo 85 contendere or guilty or has been found guilty; or a felony in 86 another jurisdiction which is a capital felony in that 87 jurisdiction, or would be a capital felony if the offense were 88 committed in this state. 89 90 Possession of a firearm, semiautomatic firearm, or machine gun: 91 If the offender is convicted of committing or attempting to 92 commit any felony other than those enumerated in s. 775.087(2) 93 while having in his or her possession: a firearm as defined in 94 s. 790.001, an additional eighteen (18) sentence points are 95 assessed; or if the offender is convicted of committing or 96 attempting to commit any felony other than those enumerated in 97 s. 775.087(3) while having in his or her possession a 98 semiautomatic firearm as defined in s. 775.087(3) or a machine 99 gun as defined in s. 790.001, an additional twenty-five (25) 100 sentence points are assessed. 101 102 Sentencing multipliers: 103 104 Drug trafficking: If the primary offense is drug trafficking 105 under s. 893.135, the subtotal sentence points are multiplied, 106 at the discretion of the court, for a level 7 or level 8 107 offense, by 1.5. The state attorney may move the sentencing 108 court to reduce or suspend the sentence of a person convicted of 109 a level 7 or level 8 offense, if the offender provides 110 substantial assistance as described in s. 893.135(4). 111 112 Violent offenses committed against specified justice system 113 personnel: If the primary offense is a violation of s. 114 775.0823(2), (3), or (4), the subtotal sentence points are 115 multiplied by 2.5. If the primary offense is a violation of s. 116 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 117 are multiplied by 2.0. If the primary offense is a violation of 118 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the 119 subtotal sentence points are multiplied by 1.5. 120 121 Grand theft of a motor vehicle: If the primary offense is grand 122 theft of the third degree involving a motor vehicle and in the 123 offenders prior record, there are three or more grand thefts of 124 the third degree involving a motor vehicle, the subtotal 125 sentence points are multiplied by 1.5. 126 127 Offense related to a criminal gang: If the offender is convicted 128 of the primary offense and committed that offense for the 129 purpose of benefiting, promoting, or furthering the interests of 130 a criminal gang as defined in s. 874.03, the subtotal sentence 131 points are multiplied by 1.5. If applying the multiplier results 132 in the lowest permissible sentence exceeding the statutory 133 maximum sentence for the primary offense under chapter 775, the 134 court may not apply the multiplier and must sentence the 135 defendant to the statutory maximum sentence. 136 137 Domestic violence in the presence of a child: If the offender is 138 convicted of the primary offense and the primary offense is a 139 crime of domestic violence, as defined in s. 741.28, which was 140 committed in the presence of a child under 16 years of age who 141 is a family or household member as defined in s. 741.28(3) with 142 the victim or perpetrator, the subtotal sentence points are 143 multiplied by 1.5. 144 145 Adult-on-minor sex offense: If the offender was 18 years of age 146 or older and the victim was younger than 18 years of age at the 147 time the offender committed the primary offense, and if the 148 primary offense was an offense committed on or after October 1, 149 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 150 violation involved a victim who was a minor and, in the course 151 of committing that violation, the defendant committed a sexual 152 battery under chapter 794 or a lewd act under s. 800.04 or s. 153 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 154 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 155 800.04; or s. 847.0135(5), the subtotal sentence points are 156 multiplied by 2.0. If applying the multiplier results in the 157 lowest permissible sentence exceeding the statutory maximum 158 sentence for the primary offense under chapter 775, the court 159 may not apply the multiplier and must sentence the defendant to 160 the statutory maximum sentence. 161 Section 2.Paragraph (f) of subsection (2) and subsection 162 (4) of section 948.06, Florida Statutes, are amended to read: 163 948.06Violation of probation or community control; 164 revocation; modification; continuance; failure to pay 165 restitution or cost of supervision. 166 (2) 167 (f)1.Except as provided in subparagraph 3. or upon waiver 168 by the probationer, the court shall modify or continue a 169 probationary term upon finding a probationer in violation when 170 all of the following apply: 171 a.The term of supervision is probation. 172 b.The probationer does not qualify as a violent felony 173 offender of special concern, as defined in paragraph (8)(b). 174 c.The violation is a low-risk technical violation, as 175 defined in paragraph (9)(b). 176 d.The court has not, on two or more separate occasions, 177 previously found the probationer in violation of his or her 178 probation pursuant to a filed violation of probation affidavit 179 during the current term of supervision. A probationer who has 180 successfully completed sanctions through the alternative 181 sanctioning program is eligible for mandatory modification or 182 continuation of his or her probation. 183 2.Upon modifying probation under subparagraph 1., the 184 court may include in the sentence a maximum of 90 days in county 185 jail as a special condition of probation. If the court has 186 previously found the probationer in violation of his or her 187 probation and modified probation with up to 90 days in county 188 jail as a special condition of probation, it may, upon 189 modification of probation under subparagraph 1., include in the 190 sentence a maximum of 120 days in county jail as a special 191 condition of probation. 192 3.Notwithstanding s. 921.0024, if a probationer meets the 193 criteria for mandatory modification in subparagraph 1. but has 194 less time on supervision remaining than the number of days in 195 jail authorized in subparagraph 2. than 90 days of supervision 196 remaining on his or her term of probation and meets the criteria 197 for mandatory modification or continuation in subparagraph 1., 198 the court may revoke probation and sentence the probationer to a 199 maximum of 90 or 120 days in county jail as provided in 200 subparagraph 2. 201 4.For purposes of imposing a jail sentence under this 202 paragraph only, the court may grant credit only for time served 203 in the county jail since the probationers most recent arrest 204 for the violation. However, the court may not order the 205 probationer to a total term of incarceration greater than the 206 maximum provided by s. 775.082. 207 (4)Notwithstanding any other provision of this section, a 208 felony probationer or an offender in community control who is 209 arrested for violating his or her probation or community control 210 in a material respect may be taken before the court in the 211 county or circuit in which the probationer or offender was 212 arrested. That court shall advise him or her of the charge of a 213 violation and, if such charge is admitted, shall cause him or 214 her to be brought before the court that granted the probation or 215 community control. If the violation is not admitted by the 216 probationer or offender, the court may commit him or her or 217 release him or her with or without bail to await further 218 hearing. However, if the probationer or offender is under 219 supervision for any criminal offense proscribed in chapter 794, 220 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 221 registered sexual predator or a registered sexual offender, or 222 is under supervision for a criminal offense for which he or she 223 would meet the registration criteria in s. 775.21, s. 943.0435, 224 or s. 944.607 but for the effective date of those sections, the 225 court must make a finding that the probationer or offender is 226 not a danger to the public prior to release with or without 227 bail. In determining the danger posed by the offenders or 228 probationers release, the court may consider the nature and 229 circumstances of the violation and any new offenses charged; the 230 offenders or probationers past and present conduct, including 231 convictions of crimes; any record of arrests without conviction 232 for crimes involving violence or sexual crimes; any other 233 evidence of allegations of unlawful sexual conduct or the use of 234 violence by the offender or probationer; the offenders or 235 probationers family ties, length of residence in the community, 236 employment history, and mental condition; his or her history and 237 conduct during the probation or community control supervision 238 from which the violation arises and any other previous 239 supervisions, including disciplinary records of previous 240 incarcerations; the likelihood that the offender or probationer 241 will engage again in a criminal course of conduct; the weight of 242 the evidence against the offender or probationer; and any other 243 facts the court considers relevant. The court, as soon as is 244 practicable, shall give the probationer or offender an 245 opportunity to be fully heard on his or her behalf in person or 246 by counsel. If the alleged violation is a low-risk violation, as 247 defined in paragraph (9)(b), the court shall, within 30 days 248 after the probationers or offenders arrest, give the 249 probationer or offender an opportunity to be fully heard on his 250 or her behalf in person or by counsel. If a hearing is not held 251 within 30 days after such arrest, the court must release the 252 probationer or offender without bail unless the court finds that 253 a hearing was not held in the applicable timeframe due to 254 circumstances attributable to the probationer or offender. If 255 the probationer or offender is released, the court may impose 256 nonmonetary conditions of release. After the hearing, the court 257 shall make findings of fact and forward the findings to the 258 court that granted the probation or community control and to the 259 probationer or offender or his or her attorney. The findings of 260 fact by the hearing court are binding on the court that granted 261 the probation or community control. Upon the probationer or 262 offender being brought before it, the court that granted the 263 probation or community control may revoke, modify, or continue 264 the probation or community control or may place the probationer 265 into community control as provided in this section. However, the 266 probationer or offender shall not be released and shall not be 267 admitted to bail, but shall be brought before the court that 268 granted the probation or community control if any violation of 269 felony probation or community control other than a failure to 270 pay costs or fines or make restitution payments is alleged to 271 have been committed by: 272 (a)A violent felony offender of special concern, as 273 defined in this section; 274 (b)A person who is on felony probation or community 275 control for any offense committed on or after March 12, 2007, 276 the effective date of this act and who is arrested for a 277 qualifying offense as defined in this section; or 278 (c)A person who is on felony probation or community 279 control and has previously been found by a court to be a 280 habitual violent felony offender as defined in s. 775.084(1)(b), 281 a three-time violent felony offender as defined in s. 282 775.084(1)(c), or a sexual predator under s. 775.21, and who is 283 arrested for committing a qualifying offense as defined in this 284 section on or after March 12, 2007 the effective date of this 285 act. 286 Section 3.This act shall take effect July 1, 2024.