Florida recently enacted Senate Bill 1036, which was signed into law by the Governor and took effect on October 1, 2024. This legislation introduces the reclassification of criminal penalties for specific offenses, leading to harsher potential punishments. The law primarily targets crimes committed following unlawful reentry into the United States or those carried out to further the interests of transnational criminal organizations. In this article, we break down the details of these criminal reclassifications and outline the possible penalties individuals may face if convicted under these new provisions.
The first criminal reclassification established under SB 1036 applies to felony crimes a person commits after unlawful reentry into the United States under 8 U.S.C. § 1326. This reclassification applies to individuals who were previously arrested and deported from the United States but were later arrested for entering, attempting to enter, or being found in the United States without consent. The law elevates a third-degree felony to a second-degree felony, a second-degree felony to a first-degree felony, and a first-degree felony to a life felony.
The second charge that SB 1036 reclassifies the criminal penalties for is any misdemeanor or felony charge committed to either benefit, promote, or further a transnational organization’s interests. The new law defines transnational crime organizations as those that routinely facilitate the international trafficking of drugs, humans, or weapons. Beginning with second-degree misdemeanors, criminal penalties reclassify to the next highest level. So, a second-degree misdemeanor becomes a first-degree misdemeanor, and so forth.
The elevated charges under the penalty reclassification of SB 1036 could mean longer prison sentences and other consequences. Florida Statute 775.082 currently lists the penalties for the different levels of misdemeanor and felony charges as follows:
Prosecutors will have the burden of proving a defendant’s alleged crime meets the requirements for reclassified charges under SB 1036. However, a guilty verdict and conviction at trial may result in harsher punishment. Defendants with a prior conviction for unlawful reentry into the United States or with alleged connections to a transnational crime organization will want to consider how this may impact their case.
The attorneys at Goldman Wetzel use our many years of litigation experience to help individuals facing criminal prosecution. We work on cases as a team and believe a proactive approach is essential for defending clients. Schedule a free consultation with our office today to learn more about the reclassification of criminal penalties under the new legislation.