Florida Senate - 2014 SB 526
By Senator Bradley
7-00529A-14 2014526__
1 A bill to be entitled
2 An act relating to sexual offenses; amending s.
3 794.011, F.S.; revising and creating offenses
4 involving sexual battery; increasing felony degree of
5 certain sexual battery offenses; amending s. 800.04,
6 F.S.; revising and creating offenses involving lewd or
7 lascivious battery and molestation; increasing felony
8 degree of certain lewd or lascivious battery and
9 molestation offenses; amending s. 921.0022, F.S.;
10 assigning new offense severity rankings for lewd or
11 lascivious molestation and sexual battery offenses;
12 amending s. 921.0024, F.S.; providing that sentence
13 points are multiplied for specified sex offenses
14 committed by an adult upon a minor under certain
15 circumstances; creating s. 921.30, F.S.; authorizing a
16 state attorney to move a court to make a written
17 finding that an offense was a sexually motivated
18 offense under certain circumstances; amending s.
19 944.275, F.S.; prohibiting award of gain-time for
20 certain offenses; amending s. 947.1405, F.S.;
21 providing for tolling of conditional release
22 supervision; providing applicability; amending s.
23 948.012, F.S.; requiring split sentence for certain
24 sexual offenses; providing for tolling of probation or
25 community control; providing applicability; providing
26 severability; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsections (4), (5), and (6), paragraph (b) of
31 subsection (8), and subsections (9) and (10) of section 794.011,
32 Florida Statutes, are amended to read:
33 794.011 Sexual battery.—
34 (4)(a) A person 18 years of age or older who commits sexual
35 battery upon a person 12 years of age or older but younger than
36 18 years of age without that person’s consent, under any of the
37 following circumstances listed in paragraph (e), commits a
38 felony of the first degree, punishable by a term of years not
39 exceeding life or as provided in s. 775.082, s. 775.083, s.
40 775.084, or s. 794.0115.:
41 (b) A person 18 years of age or older who commits sexual
42 battery upon a person 18 years of age or older without that
43 person’s consent, under any of the circumstances listed in
44 paragraph (e), commits a felony of the first degree, punishable
45 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
46 794.0115.
47 (c) A person younger than 18 years of age who commits
48 sexual battery upon a person 12 years of age or older without
49 that person’s consent, under any of the circumstances listed in
50 paragraph (e), commits a felony of the first degree, punishable
51 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
52 794.0115.
53 (d) If a person who has previously been convicted of a
54 violation of s. 787.01(2), s. 787.02(3), s. 800.04, s. 825.1025,
55 or s. 847.0135(5) or a violation of this chapter, excluding
56 subsection (10) of this section, commits sexual battery upon a
57 person 12 years of age or older without that person’s consent,
58 under any of the circumstances listed in paragraph (e), such
59 person commits a felony of the first degree, punishable by a
60 term of years not exceeding life or as provided in s. 775.082,
61 s. 775.083, s. 775.084, or s. 794.0115.
62 (e) The following circumstances apply to paragraphs (a)
63 (d):
64 1.(a) When The victim is physically helpless to resist.
65 2.(b) When The offender coerces the victim to submit by
66 threatening to use force or violence likely to cause serious
67 personal injury on the victim, and the victim reasonably
68 believes that the offender has the present ability to execute
69 the threat.
70 3.(c) When The offender coerces the victim to submit by
71 threatening to retaliate against the victim, or any other
72 person, and the victim reasonably believes that the offender has
73 the ability to execute the threat in the future.
74 4.(d) When The offender, without the prior knowledge or
75 consent of the victim, administers or has knowledge of someone
76 else administering to the victim any narcotic, anesthetic, or
77 other intoxicating substance that which mentally or physically
78 incapacitates the victim.
79 5.(e) When The victim is mentally defective, and the
80 offender has reason to believe this or has actual knowledge of
81 this fact.
82 6.(f) When The victim is physically incapacitated.
83 7.(g) When The offender is a law enforcement officer,
84 correctional officer, or correctional probation officer as
85 defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
86 is certified under the provisions of s. 943.1395 or is an
87 elected official exempt from such certification by virtue of s.
88 943.253, or any other person in a position of control or
89 authority in a probation, community control, controlled release,
90 detention, custodial, or similar setting, and such officer,
91 official, or person is acting in such a manner as to lead the
92 victim to reasonably believe that the offender is in a position
93 of control or authority as an agent or employee of government.
94 (5)(a) A person 18 years of age or older who commits sexual
95 battery upon a person 12 years of age or older but younger than
96 18 years of age, without that person’s consent, and in the
97 process thereof does not use physical force and violence likely
98 to cause serious personal injury commits a felony of the first
99 second degree, punishable as provided in s. 775.082, s. 775.083,
100 s. 775.084, or s. 794.0115.
101 (b) A person 18 years of age or older who commits sexual
102 battery upon a person 18 years of age or older, without that
103 person’s consent, and in the process does not use physical force
104 and violence likely to cause serious personal injury commits a
105 felony of the second degree, punishable as provided in s.
106 775.082, s. 775.083, s. 775.084, or s. 794.0115.
107 (c) A person younger than 18 years of age who commits
108 sexual battery upon a person 12 years of age or older, without
109 that person’s consent, and in the process does not use physical
110 force and violence likely to cause serious personal injury
111 commits a felony of the second degree, punishable as provided in
112 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
113 (d) If a person who has previously been convicted of a
114 violation of s. 787.01(2), s. 787.02(3), s. 800.04, s. 825.1025,
115 or s. 847.0135(5) or a violation of this chapter, excluding
116 subsection (10) of this section, commits sexual battery upon a
117 person 12 years of age or older, without that person’s consent,
118 and in the process does not use physical force and violence
119 likely to cause serious personal injury, such person commits a
120 felony of the first degree, punishable as provided in s.
121 775.082, s. 775.083, s. 775.084, or s. 794.0115.
122 (6)(a) The offenses offense described in paragraphs (5)(a)
123 (c) are subsection (5)is included in any sexual battery offense
124 charged under subsection (3) or subsection (4).
125 (b) The offense described in paragraph (5)(a) is included
126 in an offense charged under paragraph (4)(a).
127 (c) The offense described in paragraph (5)(b) is included
128 in an offense charged under paragraph (4)(b).
129 (d) The offense described in paragraph (5)(c) is included
130 in an offense charged under paragraph (4)(c).
131 (e) The offense described in paragraph (5)(d) is included
132 in an offense charged under paragraph (4)(d).
133 (8) Without regard to the willingness or consent of the
134 victim, which is not a defense to prosecution under this
135 subsection, a person who is in a position of familial or
136 custodial authority to a person less than 18 years of age and
137 who:
138 (b) Engages in any act with that person while the person is
139 12 years of age or older but younger less than 18 years of age
140 which constitutes sexual battery under paragraph (1)(h) commits
141 a felony of the first degree, punishable by a term of years not
142 exceeding life or as provided in s. 775.082, s. 775.083, or s.
143 775.084.
144 (9) For prosecution under paragraph (4)(a), paragraph
145 (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
146 offense committed under any of the circumstances listed in
147 subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
148 reasonably believed by the victim to be in a position of
149 authority or control does not constitute consent, and it is not
150 a defense that the perpetrator was not actually in a position of
151 control or authority if the circumstances were such as to lead
152 the victim to reasonably believe that the person was in such a
153 position.
154 (10) A Any person who falsely accuses a any person listed
155 in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
156 position of control or authority as an agent or employee of
157 government of violating paragraph (4)(a), paragraph (4)(b),
158 paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
159 of a felony of the third degree, punishable as provided in s.
160 775.082, s. 775.083, or s. 775.084.
161 Section 2. Subsections (4) and (5) of section 800.04,
162 Florida Statutes, are amended to read:
163 800.04 Lewd or lascivious offenses committed upon or in the
164 presence of persons less than 16 years of age.—
165 (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
166 (a) A person commits lewd or lascivious battery by:
167 1. Engaging in sexual activity with a person 12 years of
168 age or older but less than 16 years of age; or
169 2. Encouraging, forcing, or enticing any person less than
170 16 years of age to engage in sadomasochistic abuse, sexual
171 bestiality, prostitution, or any other act involving sexual
172 activity.
173 (b) Except as provided in paragraph (c), an offender who
174 commits lewd or lascivious battery commits a felony of the
175 second degree, punishable as provided in s. 775.082, s. 775.083,
176 or s. 775.084.
177 (c) An offender 18 years of age or older who commits lewd
178 or lascivious battery commits a felony of the first degree,
179 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
180 if the offender has previously been convicted of a violation of
181 this section or a violation of s. 787.01(2); s. 787.02(3);
182 chapter 794, excluding s. 794.011(10); s. 825.1025; or s.
183 847.0135(5).
184 (a) Engages in sexual activity with a person 12 years of
185 age or older but less than 16 years of age; or
186 (b) Encourages, forces, or entices any person less than 16
187 years of age to engage in sadomasochistic abuse, sexual
188 bestiality, prostitution, or any other act involving sexual
189 activity
190
191 commits lewd or lascivious battery, a felony of the second
192 degree, punishable as provided in s. 775.082, s. 775.083, or s.
193 775.084.
194 (5) LEWD OR LASCIVIOUS MOLESTATION.—
195 (a) A person who intentionally touches in a lewd or
196 lascivious manner the breasts, genitals, genital area, or
197 buttocks, or the clothing covering them, of a person less than
198 16 years of age, or forces or entices a person under 16 years of
199 age to so touch the perpetrator, commits lewd or lascivious
200 molestation.
201 (b) An offender 18 years of age or older who commits lewd
202 or lascivious molestation against a victim less than 12 years of
203 age commits a life felony, punishable as provided in s.
204 775.082(3)(a)4.
205 (c)1. An offender less than 18 years of age who commits
206 lewd or lascivious molestation against a victim less than 12
207 years of age; or
208 2. An offender 18 years of age or older who commits lewd or
209 lascivious molestation against a victim 12 years of age or older
210 but less than 16 years of age
211
212 commits a felony of the second degree, punishable as provided in
213 s. 775.082, s. 775.083, or s. 775.084.
214 (d) An offender less than 18 years of age who commits lewd
215 or lascivious molestation against a victim 12 years of age or
216 older but less than 16 years of age commits a felony of the
217 third degree, punishable as provided in s. 775.082, s. 775.083,
218 or s. 775.084.
219 (e) An offender 18 years of age or older who commits lewd
220 or lascivious molestation against a victim 12 years of age or
221 older but less than 16 years of age commits a felony of the
222 first degree, punishable as provided in s. 775.082, s. 775.083,
223 or s. 775.084, if the offender has previously been convicted of
224 a violation of this section or a violation of s. 787.01(2); s.
225 787.02(3); chapter 794, excluding s. 794.011(10); s. 825.1025;
226 or s. 847.0135(5).
227 Section 3. Paragraphs (g) through (i) of subsection (3) of
228 section 921.0022, Florida Statutes, are amended to read:
229 921.0022 Criminal Punishment Code; offense severity ranking
230 chart.—
231 (3) OFFENSE SEVERITY RANKING CHART
232 (g) LEVEL 7
233
234
235 FloridaStatute FelonyDegree Description
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362 (h) LEVEL 8
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365 FloridaStatute FelonyDegree Description
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432 (i) LEVEL 9
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435 FloridaStatute FelonyDegree Description
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493 Section 4. Section 921.0024, Florida Statutes, is amended
494 to read:
495 921.0024 Criminal Punishment Code; worksheet computations;
496 scoresheets.—
497 (1)(a) The Criminal Punishment Code worksheet is used to
498 compute the subtotal and total sentence points as follows:
499
500 FLORIDA CRIMINAL PUNISHMENT CODE
501 WORKSHEET
502
503 OFFENSE SCORE
504
505
506 Primary Offense
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552 Primary Offense + Additional Offenses + Victim Injury =
553 TOTAL OFFENSE SCORE
554
555 PRIOR RECORD SCORE
556
557
558 Prior Record
559
560
561
562
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564
565
566
567
568
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570
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575 TOTAL OFFENSE SCORE...........................................
576 TOTAL PRIOR RECORD SCORE......................................
577
578 LEGAL STATUS..................................................
579 COMMUNITY SANCTION VIOLATION..................................
580 PRIOR SERIOUS FELONY..........................................
581 PRIOR CAPITAL FELONY..........................................
582 FIREARM OR SEMIAUTOMATIC WEAPON...............................
583 SUBTOTAL........
584
585 PRISON RELEASEE REOFFENDER (no)(yes)..........................
586 VIOLENT CAREER CRIMINAL (no)(yes).............................
587 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
588 HABITUAL OFFENDER (no)(yes)...................................
589 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
590 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
591 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
592 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
593 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
594 (x multiplier)..................................................
595 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
596 ................................................................
597 TOTAL SENTENCE POINTS........
598
599 (b) WORKSHEET KEY:
600
601 Legal status points are assessed when any form of legal status
602 existed at the time the offender committed an offense before the
603 court for sentencing. Four (4) sentence points are assessed for
604 an offender’s legal status.
605
606 Community sanction violation points are assessed when a
607 community sanction violation is before the court for sentencing.
608 Six (6) sentence points are assessed for each community sanction
609 violation and each successive community sanction violation,
610 unless any of the following apply:
611 1. If the community sanction violation includes a new
612 felony conviction before the sentencing court, twelve (12)
613 community sanction violation points are assessed for the
614 violation, and for each successive community sanction violation
615 involving a new felony conviction.
616 2. If the community sanction violation is committed by a
617 violent felony offender of special concern as defined in s.
618 948.06:
619 a. Twelve (12) community sanction violation points are
620 assessed for the violation and for each successive violation of
621 felony probation or community control where:
622 I. The violation does not include a new felony conviction;
623 and
624 II. The community sanction violation is not based solely on
625 the probationer or offender’s failure to pay costs or fines or
626 make restitution payments.
627 b. Twenty-four (24) community sanction violation points are
628 assessed for the violation and for each successive violation of
629 felony probation or community control where the violation
630 includes a new felony conviction.
631
632 Multiple counts of community sanction violations before the
633 sentencing court shall not be a basis for multiplying the
634 assessment of community sanction violation points.
635
636 Prior serious felony points: If the offender has a primary
637 offense or any additional offense ranked in level 8, level 9, or
638 level 10, and one or more prior serious felonies, a single
639 assessment of thirty (30) points shall be added. For purposes of
640 this section, a prior serious felony is an offense in the
641 offender’s prior record that is ranked in level 8, level 9, or
642 level 10 under s. 921.0022 or s. 921.0023 and for which the
643 offender is serving a sentence of confinement, supervision, or
644 other sanction or for which the offender’s date of release from
645 confinement, supervision, or other sanction, whichever is later,
646 is within 3 years before the date the primary offense or any
647 additional offense was committed.
648
649 Prior capital felony points: If the offender has one or more
650 prior capital felonies in the offender’s criminal record, points
651 shall be added to the subtotal sentence points of the offender
652 equal to twice the number of points the offender receives for
653 the primary offense and any additional offense. A prior capital
654 felony in the offender’s criminal record is a previous capital
655 felony offense for which the offender has entered a plea of nolo
656 contendere or guilty or has been found guilty; or a felony in
657 another jurisdiction which is a capital felony in that
658 jurisdiction, or would be a capital felony if the offense were
659 committed in this state.
660
661 Possession of a firearm, semiautomatic firearm, or machine gun:
662 If the offender is convicted of committing or attempting to
663 commit any felony other than those enumerated in s. 775.087(2)
664 while having in his or her possession: a firearm as defined in
665 s. 790.001(6), an additional eighteen (18) sentence points are
666 assessed; or if the offender is convicted of committing or
667 attempting to commit any felony other than those enumerated in
668 s. 775.087(3) while having in his or her possession a
669 semiautomatic firearm as defined in s. 775.087(3) or a machine
670 gun as defined in s. 790.001(9), an additional twenty-five (25)
671 sentence points are assessed.
672
673 Sentencing multipliers:
674
675 Drug trafficking: If the primary offense is drug trafficking
676 under s. 893.135, the subtotal sentence points are multiplied,
677 at the discretion of the court, for a level 7 or level 8
678 offense, by 1.5. The state attorney may move the sentencing
679 court to reduce or suspend the sentence of a person convicted of
680 a level 7 or level 8 offense, if the offender provides
681 substantial assistance as described in s. 893.135(4).
682
683 Law enforcement protection: If the primary offense is a
684 violation of the Law Enforcement Protection Act under s.
685 775.0823(2), (3), or (4), the subtotal sentence points are
686 multiplied by 2.5. If the primary offense is a violation of s.
687 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
688 are multiplied by 2.0. If the primary offense is a violation of
689 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
690 Protection Act under s. 775.0823(10) or (11), the subtotal
691 sentence points are multiplied by 1.5.
692
693 Grand theft of a motor vehicle: If the primary offense is grand
694 theft of the third degree involving a motor vehicle and in the
695 offender’s prior record, there are three or more grand thefts of
696 the third degree involving a motor vehicle, the subtotal
697 sentence points are multiplied by 1.5.
698
699 Offense related to a criminal gang: If the offender is convicted
700 of the primary offense and committed that offense for the
701 purpose of benefiting, promoting, or furthering the interests of
702 a criminal gang as defined in s. 874.03, the subtotal sentence
703 points are multiplied by 1.5. If applying the multiplier results
704 in the lowest permissible sentence exceeding the statutory
705 maximum sentence for the primary offense under chapter 775, the
706 court may not apply the multiplier and must sentence the
707 defendant to the statutory maximum sentence.
708
709 Domestic violence in the presence of a child: If the offender is
710 convicted of the primary offense and the primary offense is a
711 crime of domestic violence, as defined in s. 741.28, which was
712 committed in the presence of a child under 16 years of age who
713 is a family or household member as defined in s. 741.28(3) with
714 the victim or perpetrator, the subtotal sentence points are
715 multiplied by 1.5.
716
717 Adult-on-minor sex offense: If the offender was 18 years of age
718 or older and the victim was younger than 18 years of age at the
719 time the offender committed the primary offense, and if the
720 primary offense was an offense committed on or after October 1,
721 2014, and is a violation of s. 787.01(2), which includes a
722 sexual battery or lewd act as described in s. 787.01(2)(a)2. and
723 3.; s. 787.02(3), which includes a sexual battery or lewd act as
724 described in s. 787.02(3)(a)2. and 3.; s. 794.011, excluding s.
725 794.011(10); s. 794.05; s. 800.04; or s. 847.0135(5), the
726 subtotal sentence points are multiplied by 2.0. If applying the
727 multiplier results in the lowest permissible sentence exceeding
728 the statutory maximum sentence for the primary offense under
729 chapter 775, the court may not apply the multiplier and must
730 sentence the defendant to the statutory maximum sentence.
731 (2) The lowest permissible sentence is the minimum sentence
732 that may be imposed by the trial court, absent a valid reason
733 for departure. The lowest permissible sentence is any nonstate
734 prison sanction in which the total sentence points equals or is
735 less than 44 points, unless the court determines within its
736 discretion that a prison sentence, which may be up to the
737 statutory maximums for the offenses committed, is appropriate.
738 When the total sentence points exceeds 44 points, the lowest
739 permissible sentence in prison months shall be calculated by
740 subtracting 28 points from the total sentence points and
741 decreasing the remaining total by 25 percent. The total sentence
742 points shall be calculated only as a means of determining the
743 lowest permissible sentence. The permissible range for
744 sentencing shall be the lowest permissible sentence up to and
745 including the statutory maximum, as defined in s. 775.082, for
746 the primary offense and any additional offenses before the court
747 for sentencing. The sentencing court may impose such sentences
748 concurrently or consecutively. However, any sentence to state
749 prison must exceed 1 year. If the lowest permissible sentence
750 under the code exceeds the statutory maximum sentence as
751 provided in s. 775.082, the sentence required by the code must
752 be imposed. If the total sentence points are greater than or
753 equal to 363, the court may sentence the offender to life
754 imprisonment. An offender sentenced to life imprisonment under
755 this section is not eligible for any form of discretionary early
756 release, except executive clemency or conditional medical
757 release under s. 947.149.
758 (3) A single scoresheet shall be prepared for each
759 defendant to determine the permissible range for the sentence
760 that the court may impose, except that if the defendant is
761 before the court for sentencing for more than one felony and the
762 felonies were committed under more than one version or revision
763 of the guidelines or the code, separate scoresheets must be
764 prepared. The scoresheet or scoresheets must cover all the
765 defendant’s offenses pending before the court for sentencing.
766 The state attorney shall prepare the scoresheet or scoresheets,
767 which must be presented to the defense counsel for review for
768 accuracy in all cases unless the judge directs otherwise. The
769 defendant’s scoresheet or scoresheets must be approved and
770 signed by the sentencing judge.
771 (4) The Department of Corrections, in consultation with the
772 Office of the State Courts Administrator, state attorneys, and
773 public defenders, must develop and submit the revised Criminal
774 Punishment Code scoresheet to the Supreme Court for approval by
775 June 15 of each year, as necessary. Upon the Supreme Court’s
776 approval of the revised scoresheet, the Department of
777 Corrections shall produce and provide sufficient copies of the
778 revised scoresheets by September 30 of each year, as necessary.
779 Scoresheets must include item entries for the scoresheet
780 preparer’s use in indicating whether any prison sentence imposed
781 includes a mandatory minimum sentence or the sentence imposed
782 was a downward departure from the lowest permissible sentence
783 under the Criminal Punishment Code.
784 (5) The Department of Corrections shall distribute
785 sufficient copies of the Criminal Punishment Code scoresheets to
786 those persons charged with the responsibility for preparing
787 scoresheets.
788 (6) The clerk of the circuit court shall transmit a
789 complete, accurate, and legible copy of the Criminal Punishment
790 Code scoresheet used in each sentencing proceeding to the
791 Department of Corrections. Scoresheets must be transmitted no
792 less frequently than monthly, by the first of each month, and
793 may be sent collectively.
794 (7) A sentencing scoresheet must be prepared for every
795 defendant who is sentenced for a felony offense. A copy of the
796 individual offender’s Criminal Punishment Code scoresheet and
797 any attachments thereto prepared pursuant to Rule 3.701, Rule
798 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
799 any other rule pertaining to the preparation and submission of
800 felony sentencing scoresheets, must be attached to the copy of
801 the uniform judgment and sentence form provided to the
802 Department of Corrections.
803 Section 5. Section 921.30, Florida Statutes, is created to
804 read:
805 921.30 Court finding that offense was sexually motivated.
806 For offenses other than those specifically defined as a sexually
807 violent offense in s. 394.912(9)(a)-(f), the state attorney may
808 move the court to make a written finding on the record that,
809 based on the circumstances of the case, including consideration
810 of a victim impact statement, the person’s offense was sexually
811 motivated.
812 Section 6. Paragraph (e) is added to subsection (4) of
813 section 944.275, Florida Statutes, to read:
814 944.275 Gain-time.—
815 (4)
816 (e) Notwithstanding subparagraph (b)3., for sentences
817 imposed for offenses committed on or after October 1, 2014, the
818 department may not grant incentive gain-time if the offense is a
819 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
820 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
821 794.05; s. 800.04; s. 825.1025; or s. 847.0135(5).
822 Section 7. Subsection (13) is added to section 947.1405,
823 Florida Statutes, to read:
824 947.1405 Conditional release program.—
825 (13) If a person who is transferred to the custody of the
826 Department of Children and Families pursuant to part V of
827 chapter 394 is subject to conditional release supervision, the
828 period of conditional release supervision is tolled until such
829 person is no longer in the custody of the Department of Children
830 and Families. This subsection applies to all periods of
831 conditional release supervision which begin on or after October
832 1, 2014, regardless of the date of the underlying offense.
833 Section 8. Subsection (1) of section 948.012, Florida
834 Statutes, is amended, and subsections (5) and (6) are added to
835 that section, to read:
836 948.012 Split sentence of probation or community control
837 and imprisonment.—
838 (1) If Whenever punishment by imprisonment for a
839 misdemeanor or a felony, except for a capital felony, is
840 prescribed, the court, in its discretion, may, at the time of
841 sentencing, impose a split sentence whereby the defendant is to
842 be placed on probation or, with respect to any such felony, into
843 community control upon completion of any specified period of
844 such sentence which may include a term of years or less. In such
845 case, the court shall stay and withhold the imposition of the
846 remainder of sentence imposed upon the defendant and direct that
847 the defendant be placed upon probation or into community control
848 after serving such period as may be imposed by the court. Except
849 as provided in subsection (6), the period of probation or
850 community control shall commence immediately upon the release of
851 the defendant from incarceration, whether by parole or gain-time
852 allowances.
853 (5)(a) Effective for offenses committed on or after October
854 1, 2014, if the court imposes a term of years in accordance with
855 s. 775.082 which is less than the maximum sentence for the
856 offense, the court must impose a split sentence pursuant to
857 subsection (1) for any person who is convicted of a violation
858 of:
859 1. Section 782.04(1)(a)2.c.;
860 2. Section 787.01(3)(a)2. or 3.;
861 3. Section 787.02(3)(a)2. or 3.;
862 4. Section 794.011, excluding s. 794.011(10);
863 5. Section 794.05;
864 6. Section 800.04;
865 7. Section 825.1025; or
866 8. Section 847.0135(5).
867 (b) The probation or community control portion of the split
868 sentence imposed by the court must extend for at least 2 years.
869 However, if the term of years imposed by the court extends to
870 within 2 years of the maximum sentence for the offense, the
871 probation or community control portion of the split sentence
872 must extend for the remainder of the maximum sentence.
873 (6) If a defendant who has been sentenced to a split
874 sentence pursuant to subsection (1) is transferred to the
875 custody of the Department of Children and Families pursuant to
876 part V of chapter 394, the period of probation or community
877 control is tolled until such person is no longer in the custody
878 of the Department of Children and Families. This subsection
879 applies to all sentences of probation or community control which
880 begin on or after October 1, 2014, regardless of the date of the
881 underlying offense.
882 Section 9. If any provision of this act or its application
883 to any person or circumstance is held invalid, the invalidity
884 does not affect other provisions or applications of this act
885 which can be given effect without the invalid provision or
886 application, and to this end the provisions of this act are
887 severable.
888 Section 10. This act shall take effect October 1, 2014.