17710277, 33-601.720 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17710277

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

CLASSIFICATION AND CENTRAL RECORDS

Overview

RULE:

33-601.720

Sex Offender and Child Abuse Offender Visiting Restrictions

PURPOSE:

The purpose and effect of the amendment is to bring the rule into line with case law that holds that when someone pleas nolo contendere to a crime, then has adjudication withheld for that crime, they shall nonetheless be considered to have been “convicted” of that crime for the purposes the sentencing guidelines.

SUMMARY:

The proposed rule removes the provision stating that a plea of nolo contendere followed by a withhold of adjudication does not constitute a conviction under Section 944.09(1)(n), F.S.

RULEMAKING AUTHORITY:

944.09 FS

LAW:

20.315, 944.09, 944.23 FS

PRINT PUBLISH DATE:

7/1/2016 Vol. 42/128

COMMENTS:

From 7/1/2016 To 7/22/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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