In response to questions about Florida's "Anti-Murder Act" and the creation of the designation "Violent Felony Offender of Special Concern," or VFOSC, I am posting the following summary:
On March 8, 2007, the Florida legislature passed the "Anti-Murder Act," which was signed into law by the Governor on March 12, 2007 as Chapter 2007-2, Laws of Florida. The Act amended section 948.06(4), F.S., to create six classes of "violent felony offender of special concern" (VFOSC). For purposes of sections 903.0351 (bail), 948.064 (notification), and 921.0024 (scoresheet), the term "violent felony offender of special concern" means a person who is on:
1. Felony probation or community control related to the commission of a qualifying offense committed on or after March 12, 2007.
2. Felony probation or community control for any offense committed on or after March 12, 2007, and has previously been convicted of a qualifying offense. "Convicted" in this regard means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is imposed or withheld.
3. Felony probation or community control for any offense committed on or after March 12, 2007, and is found to have violated that probation or community control by committing a qualifying offense. Note that only a "finding," and not a conviction, is required.
4. Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in section 775.084(1)(b), and has committed a qualifying offense on or after March 12, 2007.
5. Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in section 775.084(1)(c), and has committed a qualifying offense on or after March 12, 2007.
6. Felony probation or community control and has previously been found by a court to be a sexual predator under section 775.21, and has committed a qualifying offense on or after March 12, 2007.
For purposes of section 948.06, the term "qualifying offense" means any of the following:
Prosecutors, defense attorneys, and judges in Florida's circuit courts rely heavily on scoresheets in the vast majority of their sentencing hearings. Scoresheets are required by law in most felony sentencings. A properly filled out, accurate and complete sentencing scoresheet helps to ensure just sentencing and is an important safeguard against sentencing error in circuit court.
