Deltona Massacre - Legislative Response

Legislative Response

In response to the Deltona massacre, the Florida legislature proposed a bill that would an additional "risk-to-public" hearings for probation violators with violent histories. State law allowed, but did not require, probation officer Richard Burrow to arrest Troy Victorino, a violent felon who was facing a battery charge and thus probation violation. Burrow opted to let Victorino leave his office and to ask for an arrest warrant the next day, which gave Victorino the opportunity to commit the killings.

The bill, SB-146, which passed on February 23, 2007, seeks to close this loophole by addressing felony probation and other community control violations with the new designation, "violent felony offenders of special concern" (VFOSC). Such an offender cannot be released from jail until a court hearing determines whether supervision was violated. If supervision is found to have been violated, the court must make a written finding as to whether the offender is a danger to the community. If determined to be a danger to the community, the violator may have his probation revoked and be sentenced up to the statutory maximum or longer if permitted by law. The bill substantially amends sections 921.0024 and 948.06, Florida Statutes; creates sections 903.0351 and 948.064, Florida Statutes; and reenacts sections 948.012(2)(b), 948.10(9), and 958.14, Florida Statutes.