Florida 2024 Regular Session Status: In Committee 2 R cosponsors

HB 1449 — Reclassification of Criminal Penalties

Last action — Laid on Table, companion bill(s) passed, see CS/CS/SB 1036 (Ch. 2024-8)

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

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Reclassification of Criminal Penalties; Requires reclassification of penalty for commission of new felony committed by person who unlawfully reenters United States & while remaining unlawfully present after having been deported or removed from United States under federal immigration proceedings for committing felony, or who has departed United States while such order of deportation or removal was outstanding; authorizes reclassification of penalty for any felony or misdemeanor offenses if commission of such offense is for specified purpose; provides reclassification of such offenses.

Bill Text

What changed in the latest version

57 added · 65 removed

57 line(s) added, 65 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1449 2024 A bill to be entitled An act relating to reclassification of criminal penalties;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1449 2024 A bill to be entitled An act relating to reclassification of criminal penalties;
authorizing reclassification of the penalty for any felony or misdemeanor offenses or certain other acts or violations upon a specified finding by the factfinder;
authorizing reclassification of the penalty for any felony or misdemeanor offenses if the commission of such offense was for a specified purpose;
specifying that the penalty enhancement affects only the applicable statutory maximum sentence;
providing the reclassification of such offenses;
requiring that each of the findings required as a basis for such sentence be found beyond a reasonable doubt;
Section 775.0848, Florida Statutes, is created Page 1of 3 CODING:
Section 775.0848, Florida Statutes, is created to read:
775.0848 Commission of a felony after unlawful reentry into the United States;
reclassification.— Page 1of 3 CODING:
hb1449-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1449 2024 to read:
hb1449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1449 2024 (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.
775.0848 Commission of a felony after unlawful reentry into the United States;
reclassification.— (1) As used in this section, the term "removal" means any agreement in which a person stipulates to removal during a criminal proceeding under federal or state law.
reclassification.— (1) As used in this section, the term "transnational crime organization" means an organization that routinely facilitates Page 2of 3 CODING:
reclassification.— (1) As used in this section, the term "transnational crime organization" means an organization that routinely facilitates the international trafficking of drugs, humans, or weapons or the international smuggling of humans.
(2) The penalty for any misdemeanor or felony may be Page 2of 3 CODING:
hb1449-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1449 2024 the international trafficking of drugs, humans, or weapons or the international smuggling of humans.
hb1449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1449 2024 reclassified if the commission of such misdemeanor or felony was for the purpose of benefiting, promoting, or furthering the interests of a transnational crime organization.
(2) Upon a finding by the factfinder that a defendant committed the charged offense for the purpose of benefiting, promoting, or furthering the interests of a transnational crime organization, the penalty for any felony or misdemeanor, or for any delinquent act or violation of law which would be a felony or misdemeanor if committed by an adult, may be reclassified under this subsection.
A penalty enhancement affects only the applicable statutory maximum sentence, and each of the findings required as a basis for such sentence must be found beyond a reasonable doubt.
hb1449-00
hb1449-01-c1
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/SB 1036 (Ch. 2024-8)

  2. Added to Second Reading Calendar

  3. Bill referred to House Calendar

  4. 1st Reading (Committee Substitute 1)

  5. CS Filed

  6. Laid on Table under Rule 7.18(a)

  7. Reported out of Judiciary Committee

  8. Favorable with CS by Judiciary Committee

  9. Added to Judiciary Committee agenda

  10. Now in Judiciary Committee

  11. Reported out of Justice Appropriations Subcommittee

  12. Favorable by Justice Appropriations Subcommittee

  13. Added to Justice Appropriations Subcommittee agenda

  14. Now in Justice Appropriations Subcommittee

  15. Reported out of Criminal Justice Subcommittee

  16. Favorable by Criminal Justice Subcommittee

  17. Added to Criminal Justice Subcommittee agenda

  18. Now in Criminal Justice Subcommittee

  19. Referred to Judiciary Committee

  20. Referred to Justice Appropriations Subcommittee

  21. Referred to Criminal Justice Subcommittee

  22. 1st Reading (Original Filed Version)

  23. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 1 co-sponsors · 160 not signed on · 7 voted No

Sponsors (3)

Co-sponsors (1)

  • Roth

Not signed on (160)

160 members have not signed on to this bill.

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"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

Favorable With Committee Substitute (Judiciary Committee)

Passed 11 Yea · 3 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 1001
Republican 9004
Democrat 1303
Total 11308
% of votes cast 50%14%0%36%
How each member voted (22)
Member Party Vote
Altman — Not Voting
Payne — Yea
Bracy Davis, LaVon Democrat Nay
Chambliss, Kevin D. Democrat Not Voting
Gottlieb, Michael "Mike" Democrat Not Voting
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Not Voting
Hinson, Yvonne Hayes Democrat Nay
Joseph, Dotie Democrat Nay
Barnaby, Webster Republican Not Voting
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Chamberlin, Ryan Republican Yea
Giallombardo, Mike Republican Yea
Jacques, Berny Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Not Voting
Robinson Jr., William Cloud "Will" Republican Yea
Snyder, John Republican Not Voting
Stark, Paula A. Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Favorable (Justice Appropriations Subcommittee)

Passed 8 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democrat 0300
Republican 6103
Total 8403
% of votes cast 53%27%0%20%
How each member voted (15)
Member Party Vote
Beltran — Yea
Waldron — Yea
Bracy Davis, LaVon Democrat Nay
Campbell, Daryl Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Brannan III, Robert Charles "Chuck" Republican Yea
Duggan, Wyman Republican Not Voting
Fabricio, Tom Republican Not Voting
Jacques, Berny Republican Yea
Redondo, Mike Republican Yea
Sirois, Tyler I. Republican Not Voting
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Valdés, Susan L. Republican Nay

Official roll call →

Favorable (Criminal Justice Subcommittee)

Passed 13 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 11002
Democrat 0300
Unaffiliated 2000
Total 13302
% of votes cast 72%17%0%11%
How each member voted (18)
Member Party Vote
Casello — Yea
Silvers — Yea
Bracy Davis, LaVon Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Rayner, Michele K. Democrat Nay
Abbott, Shane G. Republican Yea
Baker, Jessica Republican Yea
Barnaby, Webster Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Garcia, Ileana Republican Yea
Jacques, Berny Republican Yea
Michael, Kiyan Republican Not Voting
Plakon, Rachel Saunders Republican Yea
Stark, Paula A. Republican Yea
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Yarkosky, Taylor Michael Republican Yea

Official roll call →

Subjects

public-safety immigration
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Frequently asked questions

What does HB 1449 do?
Reclassification of Criminal Penalties; Requires reclassification of penalty for commission of new felony committed by person who unlawfully reenters United States & while remaining unlawfully present after having been deported or removed from United States under federal immigration proceedings for committing felony, or who has departed United States while such order of deportation or removal was outstanding; authorizes reclassification of penalty for any felony or misdemeanor offenses if commission of such offense is for specified purpose; provides reclassification of such offenses.
Who sponsors HB 1449?
HB 1449 is sponsored by Judiciary Committee, Michael, Kiyan (Republican), Jacques, Berny (Republican), and Roth.
What is the current status of HB 1449?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1449?
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