THREE STRIKES...AND YOU'RE OUT
Violent gun crimes in Florida continue to decline since 10-20-Life became law and was the focus of a $1.3 million public awareness campaign. In 1998, the Florida Department of Law Enforcement reported over 31,600 violent gun crimes. That year, Governor Bush advocated 10-20-Life as a centerpiece of his campaign platform. In 1999, the Florida Legislature enacted this law and funded the campaign to advertise the law’s tough mandatory sentences of 10 years up to life in prison. The 2000 Florida Legislature extended the mandatory prison sentences required by 10-20-Life to 16 and 17-year olds who discharge a gun and those offenders who have prior records. The results are in: The violent-gun crime rate in 2000 declined by 26.4 percent as compared to 1998. Governor Bush stated in April 2001 that “the certainty of punishment provided in the 10-20-Life era is reducing and preventing violent gun crimes.”
Governor Bush and the Florida Legislature have worked together to adopt public-safety reforms such as 10-20-Life, the Three-Strike Violent Felony Offender Act, and the Habitual Juvenile Offender Accountability Act. These initiatives and related laws passed in 1995-1997 have successfully reversed the lenient criminal-justice policies of the early 1990s. Thanks to the dedicated work of professional local and state law enforcement, the Governor's leadership and the Legislature's criminal-justice policies, Florida’s 2000, “Index Crime” rate was the lowest in 28 years. The 2000 index-crime rate, based on murder, forcible sex, robbery, aggravated assault, burglary, larceny and motor vehicle theft, dropped 18% since January 1, 1999. This two-year decline in index-crime rates is the lowest ever recorded by the Florida Department of Law Enforcement.
USE A GUN AND YOUR DONE
During the commission of a crime:
New Mandatory Minimum Prison Sentences for:
- Pull a Gun-Mandatory 10 Years
- Pull the Trigger-Mandatory 20 Years
- Shoot Someone-25 Years to Life (whether they live or die)
Effective July 1, 1999, Florida Statutes shall be established to:
- Three Time Convicted Violent Felons
- Drug Traffickers
- Aggravated Assaults/Batteries on Law Enforcement Officers or an Elderly Person
- Repeat Sexual Batterers
This notification is provided as a courtesy; it is not intended to constitute an official interpretation of the law.
- Increase to 10 years the minimum prison term for certain felonies or attempted felonies when the offender possesses a firearm or destructive device during commission of the offense or flight therefrom;
- Mandate a 20 year minimum term of imprisonment when the firearm is discharged
- Mandate a minimum term of imprisonment of 25 years to life in prison if someone is injured or killed
- Mandate a minimum term of 3 years for possession of a firearm by a felon
- Mandate that the minimum term of imprisonment be served consecutively to any other term of imprisonment imposed;
- Increase to 15 years the minimum prison term when the offender possesses a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun;
- Category of such offenses to include murder, sexual battery, robbery, burglary, arson, aggravated assault or aggravated battery, kidnapping, escape, aircraft piracy, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, unlawful throwing, placing, or discharging of a destructive device or bomb, carjacking, home-invasion, robbery, aggravated stalking, trafficking in illegal drugs, capitol importation of illegal drugs
- Enhance mandatory penalties for specified repeat violent felony offenders. It requires that mandatory minimum sentences be applied to third convictions for committing, attempting, or conspiring to commit any of the following offenses including arson, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aggravated assault with a deadly weapon, murder, manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, unlawful throwing of a destructive device or bomb, armed burglary, aggravated battery, aggravated stalking, or a similar offense ~n another Jurisdiction.
- Defendant is a three time violent felony offender if s/he commits a violent felony within five (5) years of the date of conviction or release from sanction or while serving a sentence for any one of the enumerated felonies and who has two prior felony convictions in two separate criminal incidents. Offender shall receive a mandatory sentence of 5, 15, 30 years or life, depending on degree of felony.
- Offender will be sentenced to the maximum extent of the law for committed felony.
- Create mandatory prison sentences for persons convicted of drug trafficking. Mandatory minimum prison sentences of 3, 7, 15, 25 years, life or death will be imposed depending on the type and amount of the controlled substance. A minimum of three years will be mandated for any person convicted of possession, sale, importation, etc., of at least 25 pounds of cannabis, 4 grams of flunitrazepam, morphine, opium or heroin, 14 grams of amphetamine, 28 grams of cocaine and phencyclidine, or 200 grams of methaqualone. Penalties increase as the type and amount of the drugs increase or if use of the drug results in someone's death.
- Mandates that a person shall serve a 3-year prison sentence, if convicted of aggravated assault on a law enforcement officer or person age 65 or older or 5 years for aggravated battery on a law enforcement officer.
- Establishes a new category of offense referred to as repeat sexual batterer and imposes a 10-year mandatory term under certain criteria including prior felony offenses.
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