SB 552 — Sentencing

Florida Senate - 2020 CS for SB 552 By Senatorthe BrandesCommittee 24-00769-20on 2020552__Criminal AJustice; bill to be entitled An act relating to sentencing;

and Senators Brandes and Perry 591-02023-20 2020552c1 A bill to be entitled An act relating to sentencing;

providing an exception;

109 Be It Enacted by the Legislature of the State of Florida:

1211 Section 1. Subsection (10) of section 775.082, Florida Statutes, is amended to read:

mandatory minimum sentences for certain reoffenders previously released from prison.— (10)(a) If(10) If a defendant is sentenced for an offense committed on or after October 1, 2020, for an offense that July 1, 2009, which is a third degree felony but not a forcible felony as defined in s.

However, if the jury makes written findings or the court makes written findings as provided in paragraph (b) that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.

(b)1. A defendant described in paragraph (a) who pleads guilty or nolo contendere may be sentenced to a nonstate prison sanction under paragraph (a) if:

a. The defendant consents to the court determining whether sentencing him or her to a nonstate prison sanction pursuant to this subsection could present a danger to the public;

and b. The court does not make written findings that sentencing the defendant to a nonstate prison sanction pursuant to this subsection could present a danger to the public.

2. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.