Bill Text: FL S0564 | 2020 | Regular Session | Introduced


Bill Title: Murder

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-14 - Introduced [S0564 Detail]

Download: Florida-2020-S0564-Introduced.html
       Florida Senate - 2020                                     SB 564
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00222-20                                            2020564__
    1                        A bill to be entitled                      
    2         An act relating to murder; amending s. 782.04, F.S.;
    3         revising the elements of murder in the first degree
    4         and murder in the second degree; revising the elements
    5         of what constitutes felony murder, for murder in the
    6         second degree; deleting provisions relating to felony
    7         murder, for murder in the third degree; creating s.
    8         782.041, F.S.; authorizing persons convicted under
    9         certain murder provisions to file a petition with the
   10         sentencing court to have his or her murder conviction
   11         vacated or to be resentenced, as applicable, on or
   12         after a specified date; amending ss. 27.401, 394.912,
   13         775.0823, 782.065, 921.0022, 944.275, 947.146, and
   14         948.012, F.S.; conforming provisions to changes made
   15         by the act; amending s. 921.0024, F.S.; conforming
   16         cross-references; providing an effective date.
   17  
   18         WHEREAS, there is a need for statutory changes to more
   19  equitably sentence offenders in accordance with their level of
   20  involvement in homicides, and
   21         WHEREAS, it is a bedrock principle of the law and of equity
   22  that a person should be punished for his or her actions
   23  according to his or her level of individual culpability, and
   24         WHEREAS, it is necessary to amend Florida’s felony murder
   25  rule to limit convictions and subsequent sentencing so that the
   26  laws of this state fairly address the culpability of the
   27  individual and assist in the reduction of prison overcrowding,
   28  which partially results from lengthy sentences that are not
   29  commensurate with the culpability of the individual, NOW,
   30  THEREFORE,
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 782.04, Florida Statutes, is amended to
   35  read:
   36         782.04 Murder.—
   37         (1)(a) The unlawful killing of a human being:
   38         1. When perpetrated from a premeditated design to effect
   39  the death of the person killed or any human being;
   40         2. When committed by a person engaged in the perpetration
   41  of, or in the attempt to perpetrate, any:
   42         a. Trafficking offense prohibited by s. 893.135(1),
   43         b. Arson,
   44         c. Sexual battery,
   45         d. Robbery,
   46         e. Burglary,
   47         f. Kidnapping,
   48         g. Escape,
   49         h. Aggravated child abuse,
   50         i. Aggravated abuse of an elderly person or disabled adult,
   51         j. Aircraft piracy,
   52         k. Unlawful throwing, placing, or discharging of a
   53  destructive device or bomb,
   54         l. Carjacking,
   55         m. Home-invasion robbery,
   56         n. Aggravated stalking,
   57         o. Murder of another human being,
   58         p. Resisting an officer with violence to his or her person,
   59         q. Aggravated fleeing or eluding with serious bodily injury
   60  or death,
   61         r. Felony that is an act of terrorism or is in furtherance
   62  of an act of terrorism, including a felony under s. 775.30, s.
   63  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   64         s. Human trafficking; or
   65         2.3. Which resulted from the unlawful distribution by a
   66  person 18 years of age or older of any of the following
   67  substances, or mixture containing any of the following
   68  substances, when such substance or mixture is proven to be the
   69  proximate cause of the death of the user:
   70         a. A substance controlled under s. 893.03(1);
   71         b. Cocaine, as described in s. 893.03(2)(a)4.;
   72         c. Opium or any synthetic or natural salt, compound,
   73  derivative, or preparation of opium;
   74         d. Methadone;
   75         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   76         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   77         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   78         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   79         i. A controlled substance analog, as described in s.
   80  893.0356, of any substance specified in sub-subparagraphs a.-h.,
   81  
   82  is murder in the first degree and constitutes a capital felony,
   83  punishable as provided in s. 775.082.
   84         (b) In all cases under this section, the procedure set
   85  forth in s. 921.141 shall be followed in order to determine
   86  sentence of death or life imprisonment. If the prosecutor
   87  intends to seek the death penalty, the prosecutor must give
   88  notice to the defendant and file the notice with the court
   89  within 45 days after arraignment. The notice must contain a list
   90  of the aggravating factors the state intends to prove and has
   91  reason to believe it can prove beyond a reasonable doubt. The
   92  court may allow the prosecutor to amend the notice upon a
   93  showing of good cause.
   94         (2) The unlawful killing of a human being, when perpetrated
   95  by any act imminently dangerous to another and evincing a
   96  depraved mind regardless of human life, although without any
   97  premeditated design to effect the death of any particular
   98  individual, is murder in the second degree and constitutes a
   99  felony of the first degree, punishable by imprisonment for a
  100  term of years not exceeding life or as provided in s. 775.082,
  101  s. 775.083, or s. 775.084.
  102         (3)(a)The unlawful killing of a human being when committed
  103  by a person or a participant engaged in the perpetration of, or
  104  in the attempt to perpetrate, any of the violations listed in
  105  paragraph (b) is murder in the second degree, a felony of the
  106  first degree, punishable by imprisonment for a term of years not
  107  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  108  775.084, only if one of the following is proven:
  109         1.The person was the actual killer.
  110         2.The person was not the actual killer, but, with the
  111  intent to kill, aided, abetted, counseled, commanded, induced,
  112  solicited, requested, or assisted the actual killer in the
  113  commission of murder.
  114         3.The person was a major participant in the underlying
  115  felony and acted with reckless indifference to human life.
  116         (b)1.Trafficking offense prohibited by s. 893.135(1).
  117         2.Arson.
  118         3.Sexual battery.
  119         4.Robbery.
  120         5.Burglary.
  121         6.Kidnapping.
  122         7.Escape.
  123         8.Aggravated child abuse.
  124         9. Aggravated abuse of an elderly person or disabled adult.
  125         10.Aircraft piracy.
  126         11. Unlawful throwing, placing, or discharging of a
  127  destructive device or bomb.
  128         12.Carjacking.
  129         13.Home-invasion robbery.
  130         14.Aggravated stalking.
  131         15. Murder of another human being.
  132         16. Resisting an officer with violence to his or her
  133  person.
  134         17. Aggravated fleeing or eluding with serious bodily
  135  injury or death.
  136         18.A felony that is an act of terrorism or is in
  137  furtherance of an act of terrorism, including a felony under s.
  138  775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35.
  139         19. Human trafficking.
  140         (3) When a human being is killed during the perpetration
  141  of, or during the attempt to perpetrate, any:
  142         (a) Trafficking offense prohibited by s. 893.135(1),
  143         (b) Arson,
  144         (c) Sexual battery,
  145         (d) Robbery,
  146         (e) Burglary,
  147         (f) Kidnapping,
  148         (g) Escape,
  149         (h) Aggravated child abuse,
  150         (i) Aggravated abuse of an elderly person or disabled
  151  adult,
  152         (j) Aircraft piracy,
  153         (k) Unlawful throwing, placing, or discharging of a
  154  destructive device or bomb,
  155         (l) Carjacking,
  156         (m) Home-invasion robbery,
  157         (n) Aggravated stalking,
  158         (o) Murder of another human being,
  159         (p) Aggravated fleeing or eluding with serious bodily
  160  injury or death,
  161         (q) Resisting an officer with violence to his or her
  162  person, or
  163         (r) Felony that is an act of terrorism or is in furtherance
  164  of an act of terrorism, including a felony under s. 775.30, s.
  165  775.32, s. 775.33, s. 775.34, or s. 775.35,
  166  
  167  by a person other than the person engaged in the perpetration of
  168  or in the attempt to perpetrate such felony, the person
  169  perpetrating or attempting to perpetrate such felony commits
  170  murder in the second degree, which constitutes a felony of the
  171  first degree, punishable by imprisonment for a term of years not
  172  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  173  775.084.
  174         (4) The unlawful killing of a human being, when perpetrated
  175  without any design to effect death, by a person engaged in the
  176  perpetration of, or in the attempt to perpetrate, any felony
  177  other than any:
  178         (a) Trafficking offense prohibited by s. 893.135(1),
  179         (b) Arson,
  180         (c) Sexual battery,
  181         (d) Robbery,
  182         (e) Burglary,
  183         (f) Kidnapping,
  184         (g) Escape,
  185         (h) Aggravated child abuse,
  186         (i) Aggravated abuse of an elderly person or disabled
  187  adult,
  188         (j) Aircraft piracy,
  189         (k) Unlawful throwing, placing, or discharging of a
  190  destructive device or bomb,
  191         (l) Unlawful distribution of any substance controlled under
  192  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  193  opium or any synthetic or natural salt, compound, derivative, or
  194  preparation of opium by a person 18 years of age or older, when
  195  such drug is proven to be the proximate cause of the death of
  196  the user,
  197         (m) Carjacking,
  198         (n) Home-invasion robbery,
  199         (o) Aggravated stalking,
  200         (p) Murder of another human being,
  201         (q) Aggravated fleeing or eluding with serious bodily
  202  injury or death,
  203         (r) Resisting an officer with violence to his or her
  204  person, or
  205         (s) Felony that is an act of terrorism or is in furtherance
  206  of an act of terrorism, including a felony under s. 775.30, s.
  207  775.32, s. 775.33, s. 775.34, or s. 775.35,
  208  
  209  is murder in the third degree and constitutes a felony of the
  210  second degree, punishable as provided in s. 775.082, s. 775.083,
  211  or s. 775.084.
  212         (4)(5) As used in this section, the term “terrorism” means
  213  an activity that:
  214         (a)1. Involves a violent act or an act dangerous to human
  215  life which is a violation of the criminal laws of this state or
  216  of the United States; or
  217         2. Involves a violation of s. 815.06; and
  218         (b) Is intended to:
  219         1. Intimidate, injure, or coerce a civilian population;
  220         2. Influence the policy of a government by intimidation or
  221  coercion; or
  222         3. Affect the conduct of government through destruction of
  223  property, assassination, murder, kidnapping, or aircraft piracy.
  224         Section 2. Section 782.041, Florida Statutes, is created to
  225  read:
  226         782.041 Retroactive application relating to s. 782.04;
  227  resentencing.—A person convicted and sentenced under s. 782.04
  228  as it existed on or before June 30, 2020, may file a petition
  229  with the court that sentenced the petitioner to have the
  230  petitioner’s murder conviction vacated or to be resentenced, as
  231  applicable, under the revised provisions of s. 782.04 on or
  232  after July 1, 2020.
  233         Section 3. Subsection (2) of section 27.401, Florida
  234  Statutes, is amended to read:
  235         27.401 Cross-Circuit Conflict Representation Pilot
  236  Program.—
  237         (2) Notwithstanding ss. 27.40 and 27.5305:
  238         (a) If the public defender in the Tenth Judicial Circuit is
  239  unable to provide representation to an indigent defendant
  240  charged with a crime under s. 782.04(2) or, (3), or (4) due to a
  241  conflict of interest and the criminal conflict and civil
  242  regional counsel of the Second Region is also unable to provide
  243  representation for the case due to a conflict of interest, the
  244  public defender in the Thirteenth Judicial Circuit shall be
  245  appointed. If the public defender in the Thirteenth Judicial
  246  Circuit is unable to provide representation for the case due to
  247  a conflict of interest, the criminal conflict and civil regional
  248  counsel in the Fifth Region shall be appointed. If the criminal
  249  conflict and civil regional counsel in the Fifth Region is
  250  unable to provide representation due to a conflict of interest,
  251  private counsel shall be appointed.
  252         (b) If the public defender in the Thirteenth Judicial
  253  Circuit is unable to provide representation to an indigent
  254  defendant charged with a crime under s. 782.04(2) or, (3), or
  255  (4) due to a conflict of interest and the criminal conflict and
  256  civil regional counsel of the Second Region is also unable to
  257  provide representation for the case due to a conflict of
  258  interest, the public defender in the Tenth Judicial Circuit
  259  shall be appointed. If the public defender in the Tenth Judicial
  260  Circuit is unable to provide representation for the case due to
  261  a conflict of interest, the criminal conflict and civil regional
  262  counsel in the Fifth Region shall be appointed. If the criminal
  263  conflict and civil regional counsel in the Fifth Region is
  264  unable to provide representation due to a conflict of interest,
  265  private counsel shall be appointed.
  266         Section 4. Subsection (9) of section 394.912, Florida
  267  Statutes, is amended to read:
  268         394.912 Definitions.—As used in this part, the term:
  269         (9) “Sexually violent offense” means:
  270         (a) Murder of a human being while engaged in sexual battery
  271  in violation of s. 782.04(3)(b)3. s. 782.04(1)(a)2.;
  272         (b) Kidnapping of a child under the age of 13 and, in the
  273  course of that offense, committing:
  274         1. Sexual battery; or
  275         2. A lewd, lascivious, or indecent assault or act upon or
  276  in the presence of the child;
  277         (c) Committing the offense of false imprisonment upon a
  278  child under the age of 13 and, in the course of that offense,
  279  committing:
  280         1. Sexual battery; or
  281         2. A lewd, lascivious, or indecent assault or act upon or
  282  in the presence of the child;
  283         (d) Sexual battery in violation of s. 794.011;
  284         (e) Lewd, lascivious, or indecent assault or act upon or in
  285  presence of the child in violation of s. 800.04 or s.
  286  847.0135(5);
  287         (f) An attempt, criminal solicitation, or conspiracy, in
  288  violation of s. 777.04, of a sexually violent offense;
  289         (g) Any conviction for a felony offense in effect at any
  290  time before October 1, 1998, which is comparable to a sexually
  291  violent offense under paragraphs (a)-(f) or any federal
  292  conviction or conviction in another state for a felony offense
  293  that in this state would be a sexually violent offense;
  294         (h) Any criminal act that, either at the time of sentencing
  295  for the offense or subsequently during civil commitment
  296  proceedings under this part, has been determined beyond a
  297  reasonable doubt to have been sexually motivated; or
  298         (i) A criminal offense in which the state attorney refers a
  299  person to the department for civil commitment proceedings
  300  pursuant to s. 394.9125.
  301         Section 5. Subsections (6) and (7) of section 775.0823,
  302  Florida Statutes, are amended to read:
  303         775.0823 Violent offenses committed against law enforcement
  304  officers, correctional officers, state attorneys, assistant
  305  state attorneys, justices, or judges.—The Legislature does
  306  hereby provide for an increase and certainty of penalty for any
  307  person convicted of a violent offense against any law
  308  enforcement or correctional officer, as defined in s. 943.10(1),
  309  (2), (3), (6), (7), (8), or (9); against any state attorney
  310  elected pursuant to s. 27.01 or assistant state attorney
  311  appointed under s. 27.181; or against any justice or judge of a
  312  court described in Art. V of the State Constitution, which
  313  offense arises out of or in the scope of the officer’s duty as a
  314  law enforcement or correctional officer, the state attorney’s or
  315  assistant state attorney’s duty as a prosecutor or investigator,
  316  or the justice’s or judge’s duty as a judicial officer, as
  317  follows:
  318         (6) For murder in the third degree as described in s.
  319  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
  320  775.084.
  321         (7) For attempted murder in the third degree as described
  322  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
  323  or s. 775.084.
  324  
  325  Notwithstanding the provisions of s. 948.01, with respect to any
  326  person who is found to have violated this section, adjudication
  327  of guilt or imposition of sentence shall not be suspended,
  328  deferred, or withheld.
  329         Section 6. Section 782.065, Florida Statutes, is amended to
  330  read:
  331         782.065 Murder; law enforcement officer, correctional
  332  officer, correctional probation officer.—Notwithstanding ss.
  333  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  334  shall be sentenced to life imprisonment without eligibility for
  335  release upon findings by the trier of fact that, beyond a
  336  reasonable doubt:
  337         (1) The defendant committed murder in the first degree in
  338  violation of s. 782.04(1) and a death sentence was not imposed;
  339  murder in the second or third degree in violation of s.
  340  782.04(2) or, (3), or (4); attempted murder in the first or
  341  second degree in violation of s. 782.04(1)(a)1. or (2); or
  342  attempted felony murder in violation of s. 782.051; and
  343         (2) The victim of any offense described in subsection (1)
  344  was a law enforcement officer, part-time law enforcement
  345  officer, auxiliary law enforcement officer, correctional
  346  officer, part-time correctional officer, auxiliary correctional
  347  officer, correctional probation officer, part-time correctional
  348  probation officer, or auxiliary correctional probation officer,
  349  as those terms are defined in s. 943.10, engaged in the lawful
  350  performance of a legal duty.
  351         Section 7. Paragraph (h) of subsection (3) of section
  352  921.0022, Florida Statutes, is amended to read:
  353         921.0022 Criminal Punishment Code; offense severity ranking
  354  chart.—
  355         (3) OFFENSE SEVERITY RANKING CHART
  356         (h) LEVEL 8
  357  
  358  FloridaStatute            FelonyDegree         Description         
  359  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  360  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  361  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  362  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
  363  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  364  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  365  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  366  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  367  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  368  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  369  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  370  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  371  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  372  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
  373  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
  374  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
  375  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
  376  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
  377  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  378  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
  379  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
  380  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
  381  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
  382  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  383  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  384  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  385  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  386  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  387  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  388  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  389  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  390  812.13(2)(b)                   1st     Robbery with a weapon.      
  391  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  392  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
  393  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  394  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  395  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  396  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  397  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  398  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
  399  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  400  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  401  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  402  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  403  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  404  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  405  860.16                         1st     Aircraft piracy.            
  406  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  407  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  408  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  409  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  410  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  411  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  412  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
  413  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  414  893.135 (1)(c)4.b.(II)         1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
  415  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
  416  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
  417  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
  418  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  419  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  420  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  421  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  422  893.135 (1)(m)2.c.             1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
  423  893.135 (1)(n)2.b.             1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
  424  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  425  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  426  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  427  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  428  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  429  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  430         Section 8. Paragraph (e) of subsection (4) of section
  431  944.275, Florida Statutes, is amended to read:
  432         944.275 Gain-time.—
  433         (4)
  434         (e) Notwithstanding subparagraph (b)3., for sentences
  435  imposed for offenses committed on or after October 1, 2014, the
  436  department may not grant incentive gain-time if the offense is a
  437  violation of s. 782.04(3)(b)3. s. 782.04(1)(a)2.c.; s.
  438  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
  439  excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
  440  847.0135(5).
  441         Section 9. Subsection (3) of section 947.146, Florida
  442  Statutes, is amended to read:
  443         947.146 Control Release Authority.—
  444         (3) Within 120 days prior to the date the state
  445  correctional system is projected pursuant to s. 216.136 to
  446  exceed 99 percent of total capacity, the authority shall
  447  determine eligibility for and establish a control release date
  448  for an appropriate number of parole ineligible inmates committed
  449  to the department and incarcerated within the state who have
  450  been determined by the authority to be eligible for
  451  discretionary early release pursuant to this section. In
  452  establishing control release dates, it is the intent of the
  453  Legislature that the authority prioritize consideration of
  454  eligible inmates closest to their tentative release date. The
  455  authority shall rely upon commitment data on the offender
  456  information system maintained by the department to initially
  457  identify inmates who are to be reviewed for control release
  458  consideration. The authority may use a method of objective risk
  459  assessment in determining if an eligible inmate should be
  460  released. Such assessment shall be a part of the department’s
  461  management information system. However, the authority shall have
  462  sole responsibility for determining control release eligibility,
  463  establishing a control release date, and effectuating the
  464  release of a sufficient number of inmates to maintain the inmate
  465  population between 99 percent and 100 percent of total capacity.
  466  Inmates who are ineligible for control release are inmates who
  467  are parole eligible or inmates who:
  468         (a) Are serving a sentence that includes a mandatory
  469  minimum provision for a capital offense or drug trafficking
  470  offense and have not served the number of days equal to the
  471  mandatory minimum term less any jail-time credit awarded by the
  472  court;
  473         (b) Are serving the mandatory minimum portion of a sentence
  474  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  475         (c) Are convicted, or have been previously convicted, of
  476  committing or attempting to commit sexual battery, incest, or
  477  any of the following lewd or indecent assaults or acts:
  478  masturbating in public; exposing the sexual organs in a
  479  perverted manner; or nonconsensual handling or fondling of the
  480  sexual organs of another person;
  481         (d) Are convicted, or have been previously convicted, of
  482  committing or attempting to commit assault, aggravated assault,
  483  battery, or aggravated battery, and a sex act was attempted or
  484  completed during commission of such offense;
  485         (e) Are convicted, or have been previously convicted, of
  486  committing or attempting to commit kidnapping, burglary, or
  487  murder, and the offense was committed with the intent to commit
  488  sexual battery or a sex act was attempted or completed during
  489  commission of the offense;
  490         (f) Are convicted, or have been previously convicted, of
  491  committing or attempting to commit false imprisonment upon a
  492  child under the age of 13 and, in the course of committing the
  493  offense, the inmate committed aggravated child abuse, sexual
  494  battery against the child, or a lewd or lascivious offense
  495  committed upon or in the presence of a person less than 16 years
  496  of age;
  497         (g) Are sentenced, have previously been sentenced, or have
  498  been sentenced at any time under s. 775.084, or have been
  499  sentenced at any time in another jurisdiction as a habitual
  500  offender;
  501         (h) Are convicted, or have been previously convicted, of
  502  committing or attempting to commit assault, aggravated assault,
  503  battery, aggravated battery, kidnapping, manslaughter, or murder
  504  against an officer as defined in s. 943.10(1), (2), (3), (6),
  505  (7), (8), or (9); against a state attorney or assistant state
  506  attorney; or against a justice or judge of a court described in
  507  Art. V of the State Constitution; or against an officer, judge,
  508  or state attorney employed in a comparable position by any other
  509  jurisdiction; or
  510         (i) Are convicted, or have been previously convicted, of
  511  committing or attempting to commit murder in the first or,
  512  second, or third degree under s. 782.04(1), (2), or (3), or (4),
  513  or have ever been convicted of any degree of murder or attempted
  514  murder in another jurisdiction;
  515         (j) Are convicted, or have been previously convicted, of
  516  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  517  have been sentenced at any time, as a habitual offender for such
  518  offense, or have been sentenced at any time in another
  519  jurisdiction as a habitual offender for such offense;
  520         (k)1. Are serving a sentence for an offense committed on or
  521  after January 1, 1994, for a violation of the Law Enforcement
  522  Protection Act under s. 775.0823(2), (3), (4), or (5), or (6),
  523  and the subtotal of the offender’s sentence points is multiplied
  524  pursuant to former s. 921.0014 or s. 921.0024;
  525         2. Are serving a sentence for an offense committed on or
  526  after October 1, 1995, for a violation of the Law Enforcement
  527  Protection Act under s. 775.0823(2), (3), (4), (5), (6), or (7),
  528  (8), or (9), and the subtotal of the offender’s sentence points
  529  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  530         (l) Are serving a sentence for an offense committed on or
  531  after January 1, 1994, for possession of a firearm,
  532  semiautomatic firearm, or machine gun in which additional points
  533  are added to the subtotal of the offender’s sentence points
  534  pursuant to former s. 921.0014 or s. 921.0024; or
  535         (m) Are convicted, or have been previously convicted, of
  536  committing or attempting to commit manslaughter, kidnapping,
  537  robbery, carjacking, home-invasion robbery, or a burglary under
  538  s. 810.02(2).
  539  
  540  In making control release eligibility determinations under this
  541  subsection, the authority may rely on any document leading to or
  542  generated during the course of the criminal proceedings,
  543  including, but not limited to, any presentence or postsentence
  544  investigation or any information contained in arrest reports
  545  relating to circumstances of the offense.
  546         Section 10. Paragraph (a) of subsection (5) of section
  547  948.012, Florida Statutes, is amended to read:
  548         948.012 Split sentence of probation or community control
  549  and imprisonment.—
  550         (5)(a) Effective for offenses committed on or after October
  551  1, 2014, if the court imposes a term of years in accordance with
  552  s. 775.082 which is less than the maximum sentence for the
  553  offense, the court must impose a split sentence pursuant to
  554  subsection (1) for any person who is convicted of a violation
  555  of:
  556         1. Section 782.04(3)(b)3. 782.04(1)(a)2.c.;
  557         2. Section 787.01(3)(a)2. or 3.;
  558         3. Section 787.02(3)(a)2. or 3.;
  559         4. Section 794.011, excluding s. 794.011(10);
  560         5. Section 800.04;
  561         6. Section 825.1025; or
  562         7. Section 847.0135(5).
  563         Section 11. Paragraph (b) of subsection (1) of section
  564  921.0024, Florida Statutes, is amended to read:
  565         921.0024 Criminal Punishment Code; worksheet computations;
  566  scoresheets.—
  567         (1)
  568         (b) WORKSHEET KEY:
  569  
  570  Legal status points are assessed when any form of legal status
  571  existed at the time the offender committed an offense before the
  572  court for sentencing. Four (4) sentence points are assessed for
  573  an offender’s legal status.
  574  
  575  Community sanction violation points are assessed when a
  576  community sanction violation is before the court for sentencing.
  577  Six (6) sentence points are assessed for each community sanction
  578  violation and each successive community sanction violation,
  579  unless any of the following apply:
  580         1. If the community sanction violation includes a new
  581  felony conviction before the sentencing court, twelve (12)
  582  community sanction violation points are assessed for the
  583  violation, and for each successive community sanction violation
  584  involving a new felony conviction.
  585         2. If the community sanction violation is committed by a
  586  violent felony offender of special concern as defined in s.
  587  948.06:
  588         a. Twelve (12) community sanction violation points are
  589  assessed for the violation and for each successive violation of
  590  felony probation or community control where:
  591         I. The violation does not include a new felony conviction;
  592  and
  593         II. The community sanction violation is not based solely on
  594  the probationer or offender’s failure to pay costs or fines or
  595  make restitution payments.
  596         b. Twenty-four (24) community sanction violation points are
  597  assessed for the violation and for each successive violation of
  598  felony probation or community control where the violation
  599  includes a new felony conviction.
  600  
  601  Multiple counts of community sanction violations before the
  602  sentencing court shall not be a basis for multiplying the
  603  assessment of community sanction violation points.
  604  
  605  Prior serious felony points: If the offender has a primary
  606  offense or any additional offense ranked in level 8, level 9, or
  607  level 10, and one or more prior serious felonies, a single
  608  assessment of thirty (30) points shall be added. For purposes of
  609  this section, a prior serious felony is an offense in the
  610  offender’s prior record that is ranked in level 8, level 9, or
  611  level 10 under s. 921.0022 or s. 921.0023 and for which the
  612  offender is serving a sentence of confinement, supervision, or
  613  other sanction or for which the offender’s date of release from
  614  confinement, supervision, or other sanction, whichever is later,
  615  is within 3 years before the date the primary offense or any
  616  additional offense was committed.
  617  
  618  Prior capital felony points: If the offender has one or more
  619  prior capital felonies in the offender’s criminal record, points
  620  shall be added to the subtotal sentence points of the offender
  621  equal to twice the number of points the offender receives for
  622  the primary offense and any additional offense. A prior capital
  623  felony in the offender’s criminal record is a previous capital
  624  felony offense for which the offender has entered a plea of nolo
  625  contendere or guilty or has been found guilty; or a felony in
  626  another jurisdiction which is a capital felony in that
  627  jurisdiction, or would be a capital felony if the offense were
  628  committed in this state.
  629  
  630  Possession of a firearm, semiautomatic firearm, or machine gun:
  631  If the offender is convicted of committing or attempting to
  632  commit any felony other than those enumerated in s. 775.087(2)
  633  while having in his or her possession: a firearm as defined in
  634  s. 790.001(6), an additional eighteen (18) sentence points are
  635  assessed; or if the offender is convicted of committing or
  636  attempting to commit any felony other than those enumerated in
  637  s. 775.087(3) while having in his or her possession a
  638  semiautomatic firearm as defined in s. 775.087(3) or a machine
  639  gun as defined in s. 790.001(9), an additional twenty-five (25)
  640  sentence points are assessed.
  641  
  642  Sentencing multipliers:
  643  
  644  Drug trafficking: If the primary offense is drug trafficking
  645  under s. 893.135, the subtotal sentence points are multiplied,
  646  at the discretion of the court, for a level 7 or level 8
  647  offense, by 1.5. The state attorney may move the sentencing
  648  court to reduce or suspend the sentence of a person convicted of
  649  a level 7 or level 8 offense, if the offender provides
  650  substantial assistance as described in s. 893.135(4).
  651  
  652  Law enforcement protection: If the primary offense is a
  653  violation of the Law Enforcement Protection Act under s.
  654  775.0823(2), (3), or (4), the subtotal sentence points are
  655  multiplied by 2.5. If the primary offense is a violation of s.
  656  775.0823(5), (6), or (7), (8), or (9), the subtotal sentence
  657  points are multiplied by 2.0. If the primary offense is a
  658  violation of s. 784.07(3) or s. 775.0875(1), or of the Law
  659  Enforcement Protection Act under s. 775.0823(8) or (9) s.
  660  775.0823(10) or (11), the subtotal sentence points are
  661  multiplied by 1.5.
  662  
  663  Grand theft of a motor vehicle: If the primary offense is grand
  664  theft of the third degree involving a motor vehicle and in the
  665  offender’s prior record, there are three or more grand thefts of
  666  the third degree involving a motor vehicle, the subtotal
  667  sentence points are multiplied by 1.5.
  668  
  669  Offense related to a criminal gang: If the offender is convicted
  670  of the primary offense and committed that offense for the
  671  purpose of benefiting, promoting, or furthering the interests of
  672  a criminal gang as defined in s. 874.03, the subtotal sentence
  673  points are multiplied by 1.5. If applying the multiplier results
  674  in the lowest permissible sentence exceeding the statutory
  675  maximum sentence for the primary offense under chapter 775, the
  676  court may not apply the multiplier and must sentence the
  677  defendant to the statutory maximum sentence.
  678  
  679  Domestic violence in the presence of a child: If the offender is
  680  convicted of the primary offense and the primary offense is a
  681  crime of domestic violence, as defined in s. 741.28, which was
  682  committed in the presence of a child under 16 years of age who
  683  is a family or household member as defined in s. 741.28(3) with
  684  the victim or perpetrator, the subtotal sentence points are
  685  multiplied by 1.5.
  686  
  687  Adult-on-minor sex offense: If the offender was 18 years of age
  688  or older and the victim was younger than 18 years of age at the
  689  time the offender committed the primary offense, and if the
  690  primary offense was an offense committed on or after October 1,
  691  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  692  violation involved a victim who was a minor and, in the course
  693  of committing that violation, the defendant committed a sexual
  694  battery under chapter 794 or a lewd act under s. 800.04 or s.
  695  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  696  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  697  800.04; or s. 847.0135(5), the subtotal sentence points are
  698  multiplied by 2.0. If applying the multiplier results in the
  699  lowest permissible sentence exceeding the statutory maximum
  700  sentence for the primary offense under chapter 775, the court
  701  may not apply the multiplier and must sentence the defendant to
  702  the statutory maximum sentence.
  703         Section 12. This act shall take effect July 1, 2020.

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