PANEL OKS BILL TO MANDATE PRISON FOR 3-TIME OFFENDERS

TALLAHASSEE (AP) -- Judges would have to give three-time criminals and drug
dealers the maximum sentence for their crimes under a bill approved by a
Senate committee Tuesday.

"This bill sends a message that you've had your chance and now we're going
to take you off the streets and put you behind bars," said Putnam County
Sheriff Taylor Douglas, urging the Senate Criminal Justice Committee to
approve the bill.

The committee approved the bill (CS-SB 1746) 4-1 with Miami Democrat
Kendrick Meek the only dissenter.

The bill would require judges to give the maximum sentence allowed to
criminals who have been convicted of a violent felony twice within the last
five years. For example, the top penalty for armed robbery is life in
prison, so a "three-strike" offender would have to be sentenced to life.

Meek and other opponents of the bill say current law already allows judges
to impose maximum sentences -- and they are required to give 85 percent of
the maximum sentence to certain felony offenders.

Opponents say judges need to have the ability to consider special
circumstances -- and then if judges are too lenient they can be removed.

"One of the major problems with this bill is it takes sentencing away from
judges and puts it in the hands of the Legislature," said Bill White, the
chief assistant public defender in Jacksonville. But the 85 percent minimum
isn't doing enough, said the bill's sponsor, Sen. Tom Lee, R-Brandon,
because his constituents are still worried about violent crime.

"In my community 85 percent is 15 percent too little," Lee said. "We're not
satisfied."

The bill next goes to the Senate Fiscal Policy Committee. A similar bill in
the House (HB 121) has one more stop in the House Criminal Justice
Appropriations Committee.

In addition to three-time offenders, the bill targets drug dealers. It would
impose three-to seven-year mandatory minimum sentences for people convicted
of trafficking large quantities of marijuana, cocaine or other illegal drugs.

Another warning from opponents is that the bill will clog the courts,
because fewer criminals will want to plea bargain because it would mean
automatically getting tougher sentences.

"Every one of my clients will want to go to trial," said Diane Buerger, a
Polk County public defender and president of the Florida Association of
Criminal Defense Lawyers. "There's no reason not to."