Tough Times in the Sunshine State

The Florida Legislature has passed new laws to crack down on repeat and violent criminals. These new measures take sentencing power away from judges and pressure prosecutors to avoid plea deals for these offenders. The laws also require harsher penalties for using firearms in crimes. The Department of Corrections has been given money to advertise the new penalties in the hope that criminals will think twice before committing a crime with a gun. The Florida legislature has passed new laws that impose minimum mandatory sentences for certain crimes, such as aggravated assault on a law enforcement officer and drug offenses. The intent behind these laws is to increase penalties for violent and repeat offenders, in order to reduce violent crime rates in the state. Prosecutors will have more control over plea bargaining, and the emphasis is on giving longer prison sentences to career criminals. The Florida legislature wants to crack down on criminals who use guns to commit violent crimes. They want to make sure that these offenders are punished to the fullest extent of the law. This is why they have put in place a law called “10/20/Life” which requires minimum mandatory prison sentences for anyone who uses a gun during a crime, even if they haven’t been in trouble with the law before. This is meant to protect the lives and safety of Florida’s citizens and law enforcement officers. If you commit a serious crime with a gun or explosive, you could face much tougher penalties. Just having a gun during the crime could mean 10 years in prison. If you shoot the gun during the crime, it’s 20 years. And if someone is hurt or killed, it’s 25 years to life. These rules apply to most serious crimes involving guns or explosives since July 1, 1999. If someone is convicted of a serious crime, they could face mandatory minimum prison sentences of 10, 20, or 25 years. However, a judge can give a longer sentence or even the death penalty. Possessing a weapon during a felony can make the punishment even more severe. There are also rules for people who have been convicted of crimes before, which could increase their sentence. If someone is caught with a machine gun during a felony, they could face even longer prison time. If a person has been convicted of a felony before and commits another felony, they could be considered a habitual offender and face a longer prison sentence. The judge has the power to decide whether to give this longer sentence, based on what’s best for public safety. If someone has a previous violent felony conviction and commits another felony, they could be considered a habitual violent offender and face an even longer prison sentence. If someone has been convicted of a violent crime three times, they will automatically receive the maximum prison sentence, with no chance of getting a lighter sentence. However, the judge has some discretion when it comes to sentencing someone as a habitual violent offender, and they can choose not to enhance the sentence if it’s not necessary to protect the public. Offenders sentenced as habitual violent offenders can still earn time off for good behavior, but they have to serve the full mandatory minimum sentence. The law says that judges have to give certain punishments for certain crimes, but they can also decide to give even harsher punishments for people who have a history of committing serious crimes. If someone has been convicted of certain crimes three or more times, the judge can choose to give them a really long sentence, like 10 to 15 years for less serious crimes or even life imprisonment for more serious ones. And people sentenced under this law can’t get out early on parole or for good behavior – they have to serve the whole sentence. If someone is sentenced as a violent career criminal in Florida, they can still get time off for good behavior, but they have to serve at least the minimum mandatory sentence. They can’t get out early for things like parole or good behavior. There’s a special law that says even just having a gun or certain weapons can result in a really long prison sentence for violent career criminals. And any past crimes, even if they were committed as a juvenile, can count toward being labeled as a violent career criminal. If a person is sentenced as a violent career criminal, they have the right to appeal the decision. However, the state and the offender can also ask the court to change the sentence if it’s illegal. The right to challenge the sentence is limited, and any request must be made within two years of the final judgment, unless there’s a good reason for the delay. For certain types of offenses, the judge must give the maximum sentence if the offender meets specific criteria, such as committing the offense within three years of being released from prison. If an offender is classified as a prison releasee or a repeat sexual batterer, the judge must send them to prison for a specific amount of time, with no room for discretion. The state has to follow strict rules and reporting requirements when dealing with these cases. These rules make it harder for them to argue for a lesser sentence based on certain factors, but they can still consider extenuating circumstances. If a person doesn’t get the minimum punishment they’re supposed to under the “10/20/Life” law, the state has to explain why in a special file and send a report to important government officials. They also have to share this information with the public for at least 10 years. The report has to include details about the offenders’ cases and demographics, and it will be posted online. The state has to document cases where they don’t impose required penalties. This is to hold the state accountable for their charging decisions. The legislature’s goal is to make sure prosecutors are tough on crime and follow the law. This can affect their job and funding, so they have a big incentive to follow these rules. The “10/20/Life” law is expected to increase the number of people in prison, but there are enough empty beds for now. The law means that state attorneys have more power in making decisions about charging, plea bargains, and sentencing. They will have to be accountable for their decisions, and it’s unlikely they will use their power too much because there are enough prison beds for everyone. The criminal justice system is supposed to be fair, but mandatory sentencing laws take away the ability of judges and prosecutors to be fair. This means more cases will have to go to trial, causing a backlog in the courts. It also means more people will be in jail waiting for their trial. The legislature has said that prosecutors should use their discretion in cases where someone has a gun but didn’t really use it to commit a crime. But overall, these strict laws mean that judges and courts will have less power to make sure justice is done fairly. Florida has passed new laws that increase the minimum sentences for certain crimes, like drug trafficking and possession of a firearm by a felon. These laws also apply to repeat offenders and people who commit violent crimes. The goal is to decrease crime, but some people worry that it will just make the criminal justice system more crowded. We’ll have to wait and see what the outcome will be. Judge Scola and Mr. Fingerhut are both experienced lawyers who have worked as prosecutors in the 11th Circuit. They have strong backgrounds in criminal law and have made valuable contributions to the legal community. They also acknowledge the contributions of Judge Platzer and assistant state attorneys Katz and Fox.

Source: https://www.floridabar.org/the-florida-bar-journal/tough-times-in-the-sunshine-state/