Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 494
Ì207354)Î207354
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2025 .
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The Committee on Criminal Justice (Leek) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as “Dexter’s Law.”
6 Section 2. Subsection (7) is added to section 828.12,
7 Florida Statutes, to read:
8 828.12 Cruelty to animals.—
9 (7) Beginning January 1, 2026, the Department of Law
10 Enforcement shall post on its website, in a searchable format
11 prescribed by the department, the names of those individuals who
12 have been convicted of, or who have entered a plea of guilty or
13 nolo contendere to, regardless of adjudication, a violation of
14 this section.
15 Section 3. Subsection (1) of section 921.0024, Florida
16 Statutes, is amended to read:
17 921.0024 Criminal Punishment Code; worksheet computations;
18 scoresheets.—
19 (1)(a) The Criminal Punishment Code worksheet is used to
20 compute the subtotal and total sentence points as follows:
21
22 FLORIDA CRIMINAL PUNISHMENT CODE
23 WORKSHEET
24
25 OFFENSE SCORE
26
27 Primary Offense
28 Level Sentence Points Total
29 10 116 = ........
30 9 92 = ........
31 8 74 = ........
32 7 56 = ........
33 6 36 = ........
34 5 28 = ........
35 4 22 = ........
36 3 16 = ........
37 2 10 = ........
38 1 4 = ........
39
40 Total
41
42
43 Additional Offenses
44 Level Sentence Points Counts Total
45 10 58 x .... = ....
46 9 46 x .... = ....
47 8 37 x .... = ....
48 7 28 x .... = ....
49 6 18 x .... = ....
50 5 5.4 x .... = ....
51 4 3.6 x .... = ....
52 3 2.4 x .... = ....
53 2 1.2 x .... = ....
54 1 0.7 x .... = ....
55 M 0.2 x .... = ....
56
57 Total
58
59
60 Victim Injury
61 Level Sentence Points Number Total
62 2nd degreemurder-death 240 x .... = ....
63 Death 120 x .... = ....
64 Severe 40 x .... = ....
65 Moderate 18 x .... = ....
66 Slight 4 x .... = ....
67 Sexual penetration 80 x .... = ....
68 Sexual contact 40 x .... = ....
69
70 Total
71
72 Primary Offense + Additional Offenses + Victim Injury =
73 TOTAL OFFENSE SCORE
74
75 PRIOR RECORD SCORE
76
77 Prior Record
78 Level Sentence Points Number Total
79 10 29 x .... = ....
80 9 23 x .... = ....
81 8 19 x .... = ....
82 7 14 x .... = ....
83 6 9 x .... = ....
84 5 3.6 x .... = ....
85 4 2.4 x .... = ....
86 3 1.6 x .... = ....
87 2 0.8 x .... = ....
88 1 0.5 x .... = ....
89 M 0.2 x .... = ....
90
91 Total
92
93 TOTAL OFFENSE SCORE...........................................
94 TOTAL PRIOR RECORD SCORE......................................
95
96 LEGAL STATUS..................................................
97 COMMUNITY SANCTION VIOLATION..................................
98 PRIOR SERIOUS FELONY..........................................
99 PRIOR CAPITAL FELONY..........................................
100 FIREARM OR SEMIAUTOMATIC WEAPON...............................
101 SUBTOTAL........
102
103 PRISON RELEASEE REOFFENDER (no)(yes)..........................
104 VIOLENT CAREER CRIMINAL (no)(yes).............................
105 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
106 HABITUAL OFFENDER (no)(yes)...................................
107 AGGRAVATED ANIMAL CRUELTY (no)(yes) (x multiplier)............
108 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
109 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
110 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
111 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
112 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
113 (x multiplier)..................................................
114 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
115 ................................................................
116 TOTAL SENTENCE POINTS........
117
118 (b) WORKSHEET KEY:
119
120 Legal status points are assessed when any form of legal status
121 existed at the time the offender committed an offense before the
122 court for sentencing. Four (4) sentence points are assessed for
123 an offender’s legal status.
124
125 Community sanction violation points are assessed when a
126 community sanction violation is before the court for sentencing.
127 Six (6) sentence points are assessed for each community sanction
128 violation and each successive community sanction violation,
129 unless any of the following apply:
130 1. If the community sanction violation includes a new
131 felony conviction before the sentencing court, twelve (12)
132 community sanction violation points are assessed for the
133 violation, and for each successive community sanction violation
134 involving a new felony conviction.
135 2. If the community sanction violation is committed by a
136 violent felony offender of special concern as defined in s.
137 948.06:
138 a. Twelve (12) community sanction violation points are
139 assessed for the violation and for each successive violation of
140 felony probation or community control where:
141 I. The violation does not include a new felony conviction;
142 and
143 II. The community sanction violation is not based solely on
144 the probationer or offender’s failure to pay costs or fines or
145 make restitution payments.
146 b. Twenty-four (24) community sanction violation points are
147 assessed for the violation and for each successive violation of
148 felony probation or community control where the violation
149 includes a new felony conviction.
150
151 Multiple counts of community sanction violations before the
152 sentencing court shall not be a basis for multiplying the
153 assessment of community sanction violation points.
154
155 Prior serious felony points: If the offender has a primary
156 offense or any additional offense ranked in level 8, level 9, or
157 level 10, and one or more prior serious felonies, a single
158 assessment of thirty (30) points shall be added. For purposes of
159 this section, a prior serious felony is an offense in the
160 offender’s prior record that is ranked in level 8, level 9, or
161 level 10 under s. 921.0022 or s. 921.0023 and for which the
162 offender is serving a sentence of confinement, supervision, or
163 other sanction or for which the offender’s date of release from
164 confinement, supervision, or other sanction, whichever is later,
165 is within 3 years before the date the primary offense or any
166 additional offense was committed.
167
168 Prior capital felony points: If the offender has one or more
169 prior capital felonies in the offender’s criminal record, points
170 shall be added to the subtotal sentence points of the offender
171 equal to twice the number of points the offender receives for
172 the primary offense and any additional offense. A prior capital
173 felony in the offender’s criminal record is a previous capital
174 felony offense for which the offender has entered a plea of nolo
175 contendere or guilty or has been found guilty; or a felony in
176 another jurisdiction which is a capital felony in that
177 jurisdiction, or would be a capital felony if the offense were
178 committed in this state.
179
180 Possession of a firearm, semiautomatic firearm, or machine gun:
181 If the offender is convicted of committing or attempting to
182 commit any felony other than those enumerated in s. 775.087(2)
183 while having in his or her possession: a firearm as defined in
184 s. 790.001, an additional eighteen (18) sentence points are
185 assessed; or if the offender is convicted of committing or
186 attempting to commit any felony other than those enumerated in
187 s. 775.087(3) while having in his or her possession a
188 semiautomatic firearm as defined in s. 775.087(3) or a machine
189 gun as defined in s. 790.001, an additional twenty-five (25)
190 sentence points are assessed.
191
192 Sentencing multipliers:
193
194 Aggravated Animal Cruelty: If the primary offense is aggravated
195 animal cruelty under s. 828.12(2), which included the knowing
196 and intentional torture or torment of an animal that injured,
197 mutilated, or killed the animal, the subtotal sentence points
198 are multiplied by 1.25. As used in this paragraph, the term
199 “animal” does not include an animal used for agricultural
200 purposes or permitted as captive wildlife as authorized under s.
201 379.303.
202
203 Drug trafficking: If the primary offense is drug trafficking
204 under s. 893.135, the subtotal sentence points are multiplied,
205 at the discretion of the court, for a level 7 or level 8
206 offense, by 1.5. The state attorney may move the sentencing
207 court to reduce or suspend the sentence of a person convicted of
208 a level 7 or level 8 offense, if the offender provides
209 substantial assistance as described in s. 893.135(4).
210
211 Violent offenses committed against specified justice system
212 personnel: If the primary offense is a violation of s.
213 775.0823(2), (3), or (4), the subtotal sentence points are
214 multiplied by 2.5. If the primary offense is a violation of s.
215 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
216 are multiplied by 2.0. If the primary offense is a violation of
217 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
218 subtotal sentence points are multiplied by 1.5.
219
220 Grand theft of a motor vehicle: If the primary offense is grand
221 theft of the third degree involving a motor vehicle and in the
222 offender’s prior record, there are three or more grand thefts of
223 the third degree involving a motor vehicle, the subtotal
224 sentence points are multiplied by 1.5.
225
226 Offense related to a criminal gang: If the offender is convicted
227 of the primary offense and committed that offense for the
228 purpose of benefiting, promoting, or furthering the interests of
229 a criminal gang as defined in s. 874.03, the subtotal sentence
230 points are multiplied by 1.5. If applying the multiplier results
231 in the lowest permissible sentence exceeding the statutory
232 maximum sentence for the primary offense under chapter 775, the
233 court may not apply the multiplier and must sentence the
234 defendant to the statutory maximum sentence.
235
236 Domestic violence in the presence of a child: If the offender is
237 convicted of the primary offense and the primary offense is a
238 crime of domestic violence, as defined in s. 741.28, which was
239 committed in the presence of a child under 16 years of age who
240 is a family or household member as defined in s. 741.28(3) with
241 the victim or perpetrator, the subtotal sentence points are
242 multiplied by 1.5.
243
244 Adult-on-minor sex offense: If the offender was 18 years of age
245 or older and the victim was younger than 18 years of age at the
246 time the offender committed the primary offense, and if the
247 primary offense was an offense committed on or after October 1,
248 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
249 violation involved a victim who was a minor and, in the course
250 of committing that violation, the defendant committed a sexual
251 battery under chapter 794 or a lewd act under s. 800.04 or s.
252 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
253 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
254 800.04; or s. 847.0135(5), the subtotal sentence points are
255 multiplied by 2.0. If applying the multiplier results in the
256 lowest permissible sentence exceeding the statutory maximum
257 sentence for the primary offense under chapter 775, the court
258 may not apply the multiplier and must sentence the defendant to
259 the statutory maximum sentence.
260 Section 4. This act shall take effect July 1, 2025.
261
262 ================= T I T L E A M E N D M E N T ================
263 And the title is amended as follows:
264 Delete everything before the enacting clause
265 and insert:
266 A bill to be entitled
267 An act relating to aggravated animal cruelty;
268 providing a short title; amending s. 828.12, F.S.;
269 requiring the Department of Law Enforcement to post on
270 its website the names of certain individuals who have
271 violated specified animal cruelty provisions; amending
272 s. 921.0024, F.S.; providing a sentencing multiplier
273 for specified offenses of aggravated animal cruelty;
274 providing applicability; providing an effective date.