Bill Text: FL S0552 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sentencing
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0552 Detail]
Download: Florida-2020-S0552-Introduced.html
Bill Title: Sentencing
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0552 Detail]
Download: Florida-2020-S0552-Introduced.html
Florida Senate - 2020 SB 552 By Senator Brandes 24-00769-20 2020552__ 1 A bill to be entitled 2 An act relating to sentencing; amending s. 775.082, 3 F.S.; revising the threshold of total sentence points 4 below which a court must sentence nonviolent felony 5 offenders who commit certain offenses and are 6 sentenced on or after a specified date to a nonstate 7 prison sanction; providing an exception; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (10) of section 775.082, Florida 13 Statutes, is amended to read: 14 775.082 Penalties; applicability of sentencing structures; 15 mandatory minimum sentences for certain reoffenders previously 16 released from prison.— 17 (10)(a) If a defendant is sentencedfor an offense18committedon or after October 1, 2020, for an offense thatJuly191, 2009,whichis a third degree felony but not a forcible 20 felony as defined in s. 776.08, and excluding any third degree 21 felony violation under chapter 810, and if the total sentence 22 points pursuant to s. 921.0024 are 4422points or fewer, the 23 court must sentence the offender to a nonstate prison sanction. 24 However, if the jury makes written findings or the court makes 25 written findings as provided in paragraph (b) that a nonstate 26 prison sanction could present a danger to the public, the court 27 may sentence the offender to a state correctional facility 28 pursuant to this section. 29 (b)1. A defendant described in paragraph (a) who pleads 30 guilty or nolo contendere may be sentenced to a nonstate prison 31 sanction under paragraph (a) if: 32 a. The defendant consents to the court determining whether 33 sentencing him or her to a nonstate prison sanction pursuant to 34 this subsection could present a danger to the public; and 35 b. The court does not make written findings that sentencing 36 the defendant to a nonstate prison sanction pursuant to this 37 subsection could present a danger to the public. 38 2. However, if the court makes written findings that a 39 nonstate prison sanction could present a danger to the public, 40 the court may sentence the offender to a state correctional 41 facility pursuant to this section. 42 Section 2. This act shall take effect October 1, 2020.