On March 8, 2007, the Florida legislature passed the "Anti-Murder Act," which was signed into law by the Governor on March 12, 2007 as Chapter 2007-2, Laws of Florida. The Act amended section 948.06(4), F.S., to create six classes of "violent felony offender of special concern" (VFOSC). For purposes of sections 903.0351 (bail), 948.064 (notification), and 921.0024 (scoresheet), the term "violent felony offender of special concern" means a person who is on:
1. Felony probation or community control related to the commission of a qualifying offense committed on or after March 12, 2007.
2. Felony probation or community control for any offense committed on or after March 12, 2007, and has previously been convicted of a qualifying offense. "Convicted" in this regard means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is imposed or withheld.
3. Felony probation or community control for any offense committed on or after March 12, 2007, and is found to have violated that probation or community control by committing a qualifying offense. Note that only a "finding," and not a conviction, is required.
4. Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in section 775.084(1)(b), and has committed a qualifying offense on or after March 12, 2007.
5. Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in section 775.084(1)(c), and has committed a qualifying offense on or after March 12, 2007.
6. Felony probation or community control and has previously been found by a court to be a sexual predator under section 775.21, and has committed a qualifying offense on or after March 12, 2007.
For purposes of section 948.06, the term "qualifying offense" means any of the following:
1. Kidnapping or attempted kidnapping under section 787.01, false imprisonment of a child under the age of 13 under section 787.02(3), or luring or enticing a child under section 787.025(2)(b) or (c).
2. Murder or attempted murder under section 782.04, attempted felony murder under section 782.051, or manslaughter under section 782.07.
3. Aggravated battery or attempted aggravated battery under section 784.045.
4. Sexual battery or attempted sexual battery under section 794.011(2), (3), (4), or (8)(b) or (c).
5. Lewd or lascivious battery or attempted lewd or lascivious battery under section 800.04(4), lewd or lascivious molestation under section 800.04(5)(b) or (c)2., lewd or lascivious conduct under section 800.04(6)(b), or lewd or lascivious exhibition under section 800.04(7)(c).
6. Robbery or attempted robbery under section 812.13, carjacking or attempted carjacking under section 812.133, or home invasion robbery or attempted home invasion robbery under section 812.135.
7. Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under section 825.1025.
8. Sexual performance by a child or attempted sexual performance by a child under section 827.071.
9. Computer pornography under section 847.0135(2) or (3), transmission of child pornography under section 847.0137, or selling or buying of minors under section 847.0145.
10. Poisoning food or water under section 859.01.
11. Abuse of a dead human body under section 872.06.
12. Any burglary offense or attempted burglary offense that is either a first-degree felony or second-degree felony under section 810.02(2) or (3).
13. Arson or attempted arson under section 806.01(1).
14. Aggravated assault under section 784.021.
15. Aggravated stalking under section 784.048(3), (4), (5), or (7).
16. Aircraft piracy under section 860.16.
17. Unlawful throwing, placing, or discharging of a destructive device or bomb under section 790.161(2), (3), or (4).
18. Treason under section 876.32.
19. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.
In the case of an alleged violation of probation or community control other than a failure to pay costs, fines, or restitution, the act provides that the following individuals shall not be released and shall not be admitted bail, but shall be brought before the court that granted the probation or community control and remain in custody pending the resolution of the probation or community control violation.
It is possible, however, for the judge to impose a lesser sentence than the bottom of the scoresheet guidelines provided the court makes written findings that the accused is not a danger to the community and that alternative, non-incarceration sanctions are available and that the accused is ammenable to these sanctions. This may include drug treatment.
Eric Matheny is a criminal defense attorney representing clients charged with probation violations in Miami-Dade and Broward. Call today to speak with Attorney Eric Matheny about your case or the case of a loved one.