Florida 2024 Regular Session Status: Enacted

SB 1036 — Reclassification of Criminal Penalties

Last action — Chapter No. 2024-8

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 20, 2023. Enacted.

Signed by Governor Ron DeSantis (Republican) on March 15, 2024.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Reclassification of Criminal Penalties; Requiring reclassification of the penalty for the commission of a felony committed by a person who has a previous specified conviction; defining the term “transnational crime organization”; authorizing reclassification of the penalty for any misdemeanor or felony offense if the commission of such offense was for specified purposes, etc.

Bill Text

What changed in the latest version

71 added · 58 removed

71 line(s) added, 58 removed.

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Latest
Florida Senate - 2024 CS for CS for SB 1036 By the Committees on Fiscal Policy;
Florida Senate - 2024 CS for SB 1036 By the Committee on Criminal Justice;
and Criminal Justice;
and Senator Ingoglia 591-02642-24 20241036c1 A bill to be entitled An act relating to reclassification of criminal penalties;
and Senator Ingoglia 594-03838-24 20241036c2 A bill to be entitled An act relating to reclassification of criminal penalties;
requiring reclassification of the penalty for the commission of a felony committed by a person who has a previous specified conviction;
defining the term “removal”;
requiring reclassification of the penalty for the commission of a new felony committed by a person who unlawfully reenters the United States, and while remaining unlawfully present, after having been deported or removed from the United States under federal immigration proceedings for committing a felony, or who has departed the United States while such an order of deportation or removal was outstanding;
reclassification.—A person who has been previously convicted of a crime relating to the reentry of removed aliens under 8 U.S.C.
reclassification.— (1) As used in this section, the term “removal” includes any agreement in which a person stipulates to removal during a criminal proceeding under federal or state law.
s.
(2) A person who has been deported or removed from the United States under federal immigration proceedings for committing a felony, or has departed the United States while Page 1 of 3 CODING:
1326 shall have the penalty for committing a felony committed after such conviction reclassified in the following manner:
(1) A felony of the third degree is reclassified to a felony of the second degree.
(2) A felony of the second degree is reclassified to a felony of the first degree.
(3) A felony of the first degree is reclassified to a life felony.
Section 2.
Section 908.12, Florida Statutes, is created to Page 1 of 2 CODING:
Florida Senate - 2024 CS for CS for SB 1036 594-03838-24 20241036c2 read:
Florida Senate - 2024 CS for SB 1036 591-02642-24 20241036c1 such an order of deportation or removal is outstanding, shall have the penalty for committing a new felony after unlawfully reentering the United States, and while remaining unlawfully present, reclassified in the following manner:
(a) A felony of the third degree is reclassified to a felony of the second degree.
(b) A felony of the second degree is reclassified to a felony of the first degree.
(c) A felony of the first degree is reclassified to a life felony.
Section 2.
Section 908.12, Florida Statutes, is created to read:
(d) A felony of the second degree is reclassified to a felony of the first degree.
Page 2 of 3 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 1036 591-02642-24 20241036c1 (d) A felony of the second degree is reclassified to a felony of the first degree.
Page 2 of 2 CODING:
Page 3 of 3 CODING:
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View plain text versions (4)

Action History

  1. Chapter No. 2024-8

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 83, NAYS 30

  6. Read 3rd time

  7. Added to Third Reading Calendar

  8. Placed on 3rd reading

  9. Read 2nd time

  10. 1st Reading (Committee Substitute 2)

  11. Bill added to Special Order Calendar (3/5/2024)

  12. Bill referred to House Calendar

  13. In Messages

  14. CS passed; YEAS 32 NAYS 0

  15. Read 3rd time

  16. Read 2nd time

  17. CS/CS by Fiscal Policy read 1st time

  18. Placed on Special Order Calendar, 03/01/24

  19. Placed on Calendar, on 2nd reading

  20. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  21. CS/CS by- Fiscal Policy; YEAS 18 NAYS 1

  22. On Committee agenda-- Fiscal Policy, 02/27/24, 9:00 am, 412 Knott Building

  23. Now in Fiscal Policy

  24. Favorable by Appropriations Committee on Criminal and Civil Justice; YEAS 9 NAYS 0

  25. On Committee agenda-- Appropriations Committee on Criminal and Civil Justice, 02/13/24, 8:30 am, 37 Senate Building

  26. CS by Criminal Justice read 1st time

  27. Now in Appropriations Committee on Criminal and Civil Justice

  28. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  29. CS by Criminal Justice; YEAS 8 NAYS 0

  30. On Committee agenda-- Criminal Justice, 01/30/24, 9:00 am, 37 Senate Building

  31. Introduced

  32. Referred to Criminal Justice; Appropriations Committee on Criminal and Civil Justice; Fiscal Policy

  33. Filed

Sponsors

  • Fiscal Policy · Primary
  • Criminal Justice · Primary
  • Ingoglia · Primary

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 0 co-sponsors · 161 not signed on · 27 voted No

Sponsors (3)

  • Fiscal Policy
  • Criminal Justice
  • Ingoglia

Co-sponsors (0)

None.

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 83 Yea · 30 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 62202
Unaffiliated 19402
Democrat 22403
Total 833007
% of votes cast 69%25%0%6%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Benjamin — Nay
Roth — Yea
Rudman — Yea
Silvers — Nay
Keen — Nay
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Waldron — Yea
Williams — Nay
Casello — Not Voting
Clemons — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Bracy Davis, LaVon Democrat Nay
Campbell, Daryl Democrat Nay
Chambliss, Kevin D. Democrat Nay
Cross, Lindsay Democrat Nay
Daley, Dan Democrat Nay
Daniels, Kimberly Democrat Nay
Driskell, Fentrice Democrat Nay
Dunkley, Lisa Democrat Nay
Edmonds, Jervonte "Tae" Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Nay
Franklin II, Gallop Democrat Nay
Gantt, Ashley Viola Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Nay
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Not Voting
López, Johanna Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Not Voting
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Nay
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Nay
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Not Voting
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Not Voting
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Nay
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Third Reading

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 17005
Democrat 5001
Unaffiliated 9002
No Party Affiliation 1000
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Not Voting
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Yea
Collins — Yea
Perry — Yea
Broxson — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Not Voting
Gruters, Joe Republican Not Voting
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Not Voting
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Not Voting
Vacant Republican Not Voting
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 18 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 3000
Republican 11001
Unaffiliated 4100
Total 18101
% of votes cast 90%5%0%5%
How each member voted (20)
Member Party Vote
Collins — Yea
Torres — Yea
Stewart — Yea
Hutson — Yea
Thompson, Geraldine F. "Geri" — Nay
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Albritton, Ben Republican Not Voting
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Mayfield, Debbie Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Republican 4001
No Party Affiliation 1000
Democrat 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Baxley — Yea
Torres — Yea
Powell — Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Bradley, Jennifer Republican Yea
Burgess, Danny Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Favorable with Committee Substitute

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
No Party Affiliation 1000
Democrat 1000
Republican 3000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Ingoglia — Yea
Perry — Yea
Powell — Yea
Polsky, Tina Scott Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Bradley, Jennifer Republican Yea
Martin, Jonathan Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1036 do?
Reclassification of Criminal Penalties; Requiring reclassification of the penalty for the commission of a felony committed by a person who has a previous specified conviction; defining the term “transnational crime organization”; authorizing reclassification of the penalty for any misdemeanor or felony offense if the commission of such offense was for specified purposes, etc.
Who sponsors SB 1036?
SB 1036 is sponsored by Fiscal Policy, Criminal Justice, and Ingoglia.
What is the current status of SB 1036?
This bill has been enacted into law. Introduced December 20, 2023. Enacted.
Where can I track SB 1036?
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