Bill Text: FL S0232 | 2021 | Regular Session | Introduced
Bill Title: Criminal Justice
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2021-01-25 - On Committee agenda-- Criminal Justice, 02/03/21, 9:00 am, 110 Senate Building [S0232 Detail]
Download: Florida-2021-S0232-Introduced.html
Florida Senate - 2021 SB 232
By Senator Brandes
24-00288-21 2021232__
1 A bill to be entitled
2 An act relating to criminal justice; creating s.
3 900.06, F.S.; defining terms and specifying covered
4 offenses; requiring that a custodial interrogation
5 conducted at a place of detention in connection with
6 covered offenses be electronically recorded in its
7 entirety; requiring law enforcement officers who do
8 not comply with the electronic recording requirement
9 or who conduct custodial interrogations at a location
10 other than a place of detention to prepare specified
11 reports; providing exceptions to the electronic
12 recording requirement; requiring a court to consider a
13 law enforcement officer’s failure to comply with the
14 electronic recording requirement in determining the
15 admissibility of a statement, unless an exception
16 applies; requiring a court, upon the request of a
17 defendant, to give certain cautionary instructions to
18 a jury under certain circumstances; providing immunity
19 from civil liability to law enforcement agencies that
20 enforce certain rules; providing that a cause of
21 action is not created against a law enforcement
22 officer; reenacting and amending s. 921.1402, F.S.;
23 revising the circumstances under which a juvenile
24 offender is not entitled to a review of his or her
25 sentence after a specified timeframe; creating s.
26 921.14021, F.S.; providing legislative intent;
27 providing for retroactive application of a specified
28 provision relating to a review of sentence for
29 juvenile offenders convicted of murder; providing for
30 immediate review of certain sentences; creating s.
31 921.1403, F.S.; providing legislative intent for
32 retroactive application; defining the term “young
33 adult offender”; precluding eligibility for a sentence
34 review for young adult offenders who previously
35 committed, or conspired to commit, murder; providing
36 timeframes within which young adult offenders who
37 commit specified crimes are entitled to a review of
38 their sentences; providing applicability; requiring
39 the Department of Corrections to notify young adult
40 offenders in writing of their eligibility for a
41 sentence review within certain timeframes; requiring a
42 young adult offender seeking a sentence review or a
43 subsequent sentence review to submit an application to
44 the original sentencing court and request a hearing;
45 providing for legal representation of eligible young
46 adult offenders; providing for one subsequent review
47 hearing for a young adult offender after a certain
48 timeframe if he or she is not resentenced at the
49 initial sentence review hearing; requiring the
50 original sentencing court to hold a sentence review
51 hearing upon receiving an application from an eligible
52 young adult offender; requiring the court to consider
53 certain factors in determining whether to modify a
54 young adult offender’s sentence; authorizing a court
55 to modify the sentence of certain young adult
56 offenders if the court makes certain determinations;
57 requiring the court to issue a written order stating
58 certain information in specified circumstances;
59 creating s. 945.0911, F.S.; providing legislative
60 findings; establishing the conditional medical release
61 program within the department; establishing a panel to
62 consider specified matters; defining terms; providing
63 for program eligibility; authorizing an inmate to be
64 released on conditional medical release before serving
65 85 percent of his or her term of imprisonment;
66 requiring any inmate who meets certain criteria to be
67 considered for conditional medical release; providing
68 that an inmate does not have a right to release or to
69 a certain medical evaluation; requiring the department
70 to identify eligible inmates; requiring the department
71 to refer certain inmates to the panel for
72 consideration; providing for victim notification under
73 certain circumstances; requiring the panel to conduct
74 a hearing within specified timeframes; specifying
75 requirements for the hearing; providing conditions for
76 release; requiring that inmates who are approved for
77 conditional medical release be released from the
78 department within a reasonable amount of time;
79 providing a review process for an inmate who is denied
80 conditional medical release; providing that an inmate
81 is considered a medical releasee upon release from the
82 department into the community; requiring medical
83 releasees to comply with specified conditions;
84 providing that medical releasees are considered to be
85 in the custody, supervision, and control of the
86 department; providing that the department does not
87 have a duty to provide medical care to a medical
88 releasee; providing that a medical releasee is
89 eligible to earn or lose gain-time; prohibiting a
90 medical releasee or his or her community-based housing
91 from being counted in the prison system population and
92 the prison capacity figures, respectively; providing
93 for the revocation of a medical releasee’s conditional
94 medical release; authorizing a medical releasee to be
95 returned to the department’s custody if his or her
96 medical or physical condition improves; authorizing
97 the department to order a medical releasee to be
98 returned for a revocation hearing or to remain in the
99 community pending such hearing; authorizing the
100 department to issue a warrant for the arrest of a
101 medical releasee under certain circumstances;
102 authorizing a medical releasee to admit to the
103 allegation that his or her medical or physical
104 condition improved or to proceed to a revocation
105 hearing; requiring such hearing to be conducted by the
106 panel; requiring certain evidence to be reviewed and a
107 recommendation to be made before such hearing;
108 requiring a majority of the panel members to agree
109 that revocation of medical release is appropriate;
110 requiring a medical releasee to be recommitted to the
111 department to serve the balance of his or her sentence
112 if a conditional medical release is revoked; providing
113 that gain-time is not forfeited for revocation based
114 on improvement in the medical releasee’s condition;
115 providing a review process for a medical releasee who
116 has his or her release revoked; authorizing a medical
117 releasee to be recommitted if he or she violates any
118 conditions of the release; authorizing certain persons
119 to issue a warrant for the arrest of a medical
120 releasee if certain conditions are met; authorizing a
121 law enforcement or probation officer to arrest a
122 medical releasee without a warrant under certain
123 circumstances; requiring that a medical releasee be
124 detained without bond if a violation is based on
125 certain circumstances; authorizing a medical releasee
126 to admit to the alleged violation or to proceed to a
127 revocation hearing; requiring such hearing to be
128 conducted by the panel; requiring a majority of the
129 panel members to agree that revocation of medical
130 release is appropriate; requiring specified medical
131 releasees to be recommitted to the department upon the
132 revocation of the conditional medical release;
133 authorizing the forfeiture of gain-time if the
134 revocation is based on certain violations; providing a
135 review process for a medical releasee who has his or
136 her release revoked; requiring that a medical releasee
137 be given specified information in certain instances;
138 requiring the panel to provide a written statement as
139 to evidence relied on and reasons for revocation under
140 certain circumstances; requiring a medical releasee
141 whose conditional medical release is revoked and who
142 is recommitted to the department to comply with the 85
143 percent requirement upon recommitment; requiring the
144 department to notify certain persons within a
145 specified timeframe of an inmate’s diagnosis of a
146 terminal medical condition; requiring the department
147 to allow a visit between an inmate and certain persons
148 within 7 days of a diagnosis of a terminal medical
149 condition; requiring the department to initiate the
150 conditional medical release review process immediately
151 upon an inmate’s diagnosis of a terminal medical
152 condition; requiring an inmate to consent to release
153 of information under certain circumstances; providing
154 that members of the panel have sovereign immunity
155 related to specified decisions; providing rulemaking
156 authority; creating s. 945.0912, F.S.; providing
157 legislative findings; establishing the conditional
158 aging inmate release program within the department;
159 establishing a panel to consider specified matters;
160 providing for program eligibility; providing that an
161 inmate may be released on conditional aging inmate
162 release before serving 85 percent of his or her term
163 of imprisonment; prohibiting certain inmates from
164 being considered for conditional aging inmate release;
165 requiring that an inmate who meets certain criteria be
166 considered for conditional aging inmate release;
167 providing that an inmate does not have a right to
168 release; requiring the department to identify eligible
169 inmates; requiring the department to refer certain
170 inmates to the panel for consideration; providing
171 victim notification requirements under certain
172 circumstances; requiring the panel to conduct a
173 hearing within specified timeframes; specifying
174 requirements for the hearing; requiring that inmates
175 who are approved for conditional aging inmate release
176 be released from the department within a reasonable
177 amount of time; providing a review process for an
178 inmate who is denied conditional aging inmate release;
179 providing that an inmate is considered an aging
180 releasee upon release from the department into the
181 community; providing conditions for release; providing
182 that aging releasees are considered to be in the
183 custody, supervision, and control of the department;
184 providing that the department does not have a duty to
185 provide medical care to an aging releasee; providing
186 that an aging releasee is eligible to earn or lose
187 gain-time; prohibiting an aging releasee or his or her
188 community-based housing from being counted in the
189 prison system population and the prison capacity
190 figures, respectively; providing for the revocation of
191 conditional aging inmate release; authorizing the
192 department to issue a warrant for the arrest of an
193 aging releasee under certain circumstances;
194 authorizing a law enforcement or probation officer to
195 arrest an aging releasee without a warrant under
196 certain circumstances; requiring that an aging
197 releasee be detained without bond if a violation is
198 based on certain circumstances; requiring the
199 department to order an aging releasee subject to
200 revocation to be returned to department custody for a
201 revocation hearing; authorizing an aging releasee to
202 admit to his or her alleged violation or to proceed to
203 a revocation hearing; requiring such hearing to be
204 conducted by the panel; requiring a majority of the
205 panel to agree that revocation is appropriate;
206 authorizing the forfeiture of gain-time if the
207 revocation is based on certain violations; requiring
208 an aging releasee whose conditional aging inmate
209 release is revoked and who is recommitted to the
210 department to comply with the 85 percent requirement
211 upon recommitment; providing a review process for an
212 aging releasee who has his or her released revoked;
213 requiring an aging releasee to be given specified
214 information in certain instances; requiring the panel
215 to provide a written statement as to evidence relied
216 on and reasons for revocation under certain
217 circumstances; providing that members of the panel
218 have sovereign immunity related to specified
219 decisions; providing rulemaking authority; repealing
220 s. 947.149, F.S., relating to conditional medical
221 release; amending ss. 316.1935, 775.084, 775.087,
222 784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605,
223 944.70, 947.13, and 947.141, F.S.; conforming
224 provisions to changes made by the act; providing an
225 effective date.
226
227 Be It Enacted by the Legislature of the State of Florida:
228
229 Section 1. Section 900.06, Florida Statutes, is created to
230 read:
231 900.06 Recording of custodial interrogations for certain
232 offenses.—
233 (1) As used in this section, the term:
234 (a) “Covered offense” includes:
235 1. Arson.
236 2. Sexual battery.
237 3. Robbery.
238 4. Kidnapping.
239 5. Aggravated child abuse.
240 6. Aggravated abuse of an elderly person or a disabled
241 adult.
242 7. Aggravated assault with a deadly weapon.
243 8. Murder.
244 9. Manslaughter.
245 10. Aggravated manslaughter of an elderly person or a
246 disabled adult.
247 11. Aggravated manslaughter of a child.
248 12. The unlawful throwing, placing, or discharging of a
249 destructive device or bomb.
250 13. Armed burglary.
251 14. Aggravated battery.
252 15. Aggravated stalking.
253 16. Home-invasion robbery.
254 17. Carjacking.
255 (b) “Custodial interrogation” means questioning or other
256 conduct by a law enforcement officer which is reasonably likely
257 to elicit an incriminating response from an individual and which
258 occurs under circumstances in which a reasonable individual in
259 the same circumstances would consider himself or herself to be
260 in the custody of a law enforcement agency.
261 (c) “Electronic recording” means an audio recording or an
262 audio and video recording that accurately records a custodial
263 interrogation.
264 (d) “Place of detention” means a police station, sheriff’s
265 office, correctional facility, prisoner holding facility, county
266 detention facility, or other governmental facility where an
267 individual may be held in connection with a criminal charge that
268 has been or may be filed against the individual.
269 (e) “Statement” means a communication that is oral,
270 written, electronic, nonverbal, or in sign language.
271 (2)(a) A custodial interrogation at a place of detention,
272 including the giving of a required warning, the advisement of
273 the rights of the individual being questioned, and the waiver of
274 any rights by the individual, must be electronically recorded in
275 its entirety if the interrogation is related to a covered
276 offense.
277 (b) If a law enforcement officer conducts a custodial
278 interrogation at a place of detention without electronically
279 recording the interrogation, the officer must prepare a written
280 report explaining why he or she did not record the
281 interrogation.
282 (c) As soon as practicable, a law enforcement officer who
283 conducts a custodial interrogation at a location other than a
284 place of detention shall prepare a written report explaining the
285 circumstances of the interrogation and summarizing the custodial
286 interrogation process and the individual’s statements.
287 (d) Paragraph (a) does not apply:
288 1. If an unforeseen equipment malfunction prevents the
289 recording of the custodial interrogation in its entirety;
290 2. If a suspect refuses to participate in a custodial
291 interrogation if his or her statements are to be electronically
292 recorded;
293 3. If an equipment operator error prevents the recording of
294 the custodial interrogation in its entirety;
295 4. If the statement is made spontaneously and not in
296 response to a custodial interrogation question;
297 5. If the statement is made during the processing of the
298 arrest of a suspect;
299 6. If the custodial interrogation occurs when the law
300 enforcement officer participating in the interrogation does not
301 have any knowledge of facts and circumstances that would lead an
302 officer to reasonably believe that the individual being
303 interrogated may have committed a covered offense;
304 7. If the law enforcement officer conducting the custodial
305 interrogation reasonably believes that making an electronic
306 recording would jeopardize the safety of the officer, the
307 individual being interrogated, or others; or
308 8. If the custodial interrogation is conducted outside of
309 this state.
310 (3) Unless a court finds that one or more of the
311 circumstances specified in paragraph (2)(d) apply, the court
312 must consider the circumstances of an interrogation conducted by
313 a law enforcement officer in which he or she did not
314 electronically record all or part of a custodial interrogation
315 in determining whether a statement made during the interrogation
316 is admissible. If the court admits into evidence a statement
317 made during a custodial interrogation which was not
318 electronically recorded as required under paragraph (2)(a), the
319 court must, upon request of the defendant, give cautionary
320 instructions to the jury regarding the law enforcement officer’s
321 failure to comply with that requirement.
322 (4) A law enforcement agency in this state which has
323 adopted rules that are reasonably designed to ensure compliance
324 with the requirements of this section is not subject to civil
325 liability for damages arising from a violation of this section
326 provided the agency enforces such rules. This section does not
327 create a cause of action against a law enforcement officer.
328 Section 2. Paragraph (a) of subsection (2) of section
329 921.1402, Florida Statutes, is amended, and subsection (4) of
330 that section is reenacted, to read:
331 921.1402 Review of sentences for persons convicted of
332 specified offenses committed while under the age of 18 years.—
333 (2)(a) A juvenile offender sentenced under s.
334 775.082(1)(b)1. is entitled to a review of his or her sentence
335 after 25 years. However, a juvenile offender is not entitled to
336 a review if he or she has previously been convicted of
337 committing one of the following offenses, or of conspiracy to
338 commit one of the following offenses, murder if the murder
339 offense for which the person was previously convicted was part
340 of a separate criminal transaction or episode than the murder
341 that which resulted in the sentence under s. 775.082(1)(b)1.:
342 1. Murder;
343 2. Manslaughter;
344 3. Sexual battery;
345 4. Armed burglary;
346 5. Armed robbery;
347 6. Armed carjacking;
348 7. Home-invasion robbery;
349 8. Human trafficking for commercial sexual activity with a
350 child under 18 years of age;
351 9. False imprisonment under s. 787.02(3)(a); or
352 10. Kidnapping.
353 (4) A juvenile offender seeking a sentence review pursuant
354 to subsection (2) must submit an application to the court of
355 original jurisdiction requesting that a sentence review hearing
356 be held. The juvenile offender must submit a new application to
357 the court of original jurisdiction to request subsequent
358 sentence review hearings pursuant to paragraph (2)(d). The
359 sentencing court shall retain original jurisdiction for the
360 duration of the sentence for this purpose.
361 Section 3. Section 921.14021, Florida Statutes, is created
362 to read:
363 921.14021 Retroactive application relating to s. 921.1402;
364 legislative intent; review of sentence.—
365 (1) It is the intent of the Legislature to retroactively
366 apply the amendments made to s. 921.1402 which are effective on
367 October 1, 2021, only as provided in this section, to juvenile
368 offenders convicted of a capital offense and sentenced under s.
369 775.082(1)(b)1. who have been ineligible for sentence review
370 hearings because of a previous conviction of an offense
371 enumerated in s. 921.1402(2)(a), thereby providing such juvenile
372 offenders with an opportunity for consideration by a court and
373 an opportunity for release if deemed appropriate under law.
374 (2) A juvenile offender, as defined in s. 921.1402, who was
375 convicted for a capital offense and sentenced under s.
376 775.082(1)(b)1., and who was ineligible for a sentence review
377 hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before
378 October 1, 2021, is entitled to a review of his or her sentence
379 after 25 years or, if on October 1, 2021, 25 years have already
380 passed since the sentencing, immediately.
381 Section 4. Section 921.1403, Florida Statutes, is created
382 to read:
383 921.1403 Review of sentences for persons convicted of
384 specified offenses committed while under 25 years of age.—
385 (1) It is the intent of the Legislature to retroactively
386 apply the amendments to this section which take effect October
387 1, 2021.
388 (2) As used in this section, the term “young adult
389 offender” means a person who committed an offense before he or
390 she reached 25 years of age and for which he or she is sentenced
391 to a term of years in the custody of the Department of
392 Corrections, regardless of the date of sentencing.
393 (3) A young adult offender is not entitled to a sentence
394 review under this section if he or she has previously been
395 convicted of committing, or of conspiring to commit, murder if
396 the murder offense for which the person was previously convicted
397 was part of a separate criminal transaction or episode than the
398 murder that resulted in the sentence under s. 775.082(3)(a)1.,
399 2., 3., 4., or 6. or (b)1.
400 (4)(a)1. A young adult offender who is convicted of an
401 offense that is a life felony, that is punishable by a term of
402 years not exceeding life imprisonment, or that was reclassified
403 as a life felony and he or she is sentenced to a term of more
404 than 20 years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is
405 entitled to a review of his or her sentence after 20 years.
406 2. This paragraph does not apply to a person who is
407 eligible for sentencing under s. 775.082(3)(a)5. or s.
408 775.082(3)(c).
409 (b) A young adult offender who is convicted of an offense
410 that is a felony of the first degree or that was reclassified as
411 a felony of the first degree and who is sentenced to a term of
412 more than 15 years under s. 775.082(3)(b)1. is entitled to a
413 review of his or her sentence after 15 years.
414 (5) The Department of Corrections must notify a young adult
415 offender in writing of his or her eligibility to request a
416 sentence review hearing 18 months before the young adult
417 offender is entitled to a sentence review hearing or notify him
418 or her immediately in writing if the offender is eligible as of
419 October 1, 2021.
420 (6) A young adult offender seeking a sentence review
421 hearing under this section must submit an application to the
422 court of original jurisdiction requesting that a sentence review
423 hearing be held. The young adult offender must submit a new
424 application to the court of original jurisdiction to request a
425 subsequent sentence review hearing pursuant to subsection (8).
426 The sentencing court shall retain original jurisdiction for the
427 duration of the sentence for this purpose.
428 (7) A young adult offender who is eligible for a sentence
429 review hearing under this section is entitled to be represented
430 by counsel, and the court shall appoint a public defender to
431 represent the young adult offender if he or she cannot afford an
432 attorney.
433 (8) If the young adult offender seeking a sentence review
434 under paragraph (4)(a) or paragraph (4)(b) is not resentenced at
435 the initial sentence review hearing, he or she is eligible for
436 one subsequent review hearing 5 years after the initial review
437 hearing.
438 (9) Upon receiving an application from an eligible young
439 adult offender, the original sentencing court must hold a
440 sentence review hearing to determine whether to modify the young
441 adult offender’s sentence. When determining if it is appropriate
442 to modify the young adult offender’s sentence, the court must
443 consider any factor it deems appropriate, including, but not
444 limited to:
445 (a) Whether the young adult offender demonstrates maturity
446 and rehabilitation.
447 (b) Whether the young adult offender remains at the same
448 level of risk to society as he or she did at the time of the
449 initial sentencing.
450 (c) The opinion of the victim or the victim’s next of kin.
451 The absence of the victim or the victim’s next of kin from the
452 sentence review hearing may not be a factor in the determination
453 of the court under this section. The court must allow the victim
454 or victim’s next of kin to be heard in person, in writing, or by
455 electronic means. If the victim or the victim’s next of kin
456 chooses not to participate in the hearing, the court may
457 consider previous statements made by the victim or the victim’s
458 next of kin during the trial, initial sentencing phase, or
459 previous sentencing review hearings.
460 (d) Whether the young adult offender was a relatively minor
461 participant in the criminal offense or whether he or she acted
462 under extreme duress or under the domination of another person.
463 (e) Whether the young adult offender has shown sincere and
464 sustained remorse for the criminal offense.
465 (f) Whether the young adult offender’s age, maturity, or
466 psychological development at the time of the offense affected
467 his or her behavior.
468 (g) Whether the young adult offender has successfully
469 obtained a high school equivalency diploma or completed another
470 educational, technical, work, vocational, or self-rehabilitation
471 program, if such a program is available.
472 (h) Whether the young adult offender was a victim of
473 sexual, physical, or emotional abuse before he or she committed
474 the offense.
475 (i) The results of any mental health assessment, risk
476 assessment, or evaluation of the young adult offender as to
477 rehabilitation.
478 (10)(a) If the court determines at a sentence review
479 hearing that the young adult offender who is seeking a sentence
480 review under paragraph (4)(a) has been rehabilitated and is
481 reasonably believed to be fit to reenter society, the court may
482 modify the sentence and impose a term of probation of at least 5
483 years.
484 (b) If the court determines at a sentence review hearing
485 that the young adult offender who is seeking a sentence review
486 under paragraph (4)(b) has been rehabilitated and is reasonably
487 believed to be fit to reenter society, the court may modify the
488 sentence and impose a term of probation of at least 3 years.
489 (c) If the court determines that the young adult offender
490 seeking a sentence review under paragraph (4)(a) or paragraph
491 (4)(b) has not demonstrated rehabilitation or is not fit to
492 reenter society, the court must issue a written order stating
493 the reasons why the sentence is not being modified.
494 Section 5. Section 945.0911, Florida Statutes, is created
495 to read:
496 945.0911 Conditional medical release.—
497 (1) FINDINGS.—The Legislature finds that the number of
498 inmates with terminal medical conditions or who are suffering
499 from severe debilitating or incapacitating medical conditions
500 who are incarcerated in the state’s prisons has grown
501 significantly in recent years. Further, the Legislature finds
502 that the condition of inmates who are terminally ill or
503 suffering from a debilitating or incapacitating condition may be
504 exacerbated by imprisonment due to the stress linked to prison
505 life. The Legislature also finds that recidivism rates are
506 greatly reduced with inmates suffering from such medical
507 conditions who are released into the community. Therefore, the
508 Legislature finds that it is of great public importance to find
509 a compassionate solution to the challenges presented by the
510 imprisonment of inmates who are terminally ill or are suffering
511 from a debilitating or incapacitating condition while also
512 ensuring that the public safety of Florida’s communities remains
513 protected.
514 (2) CREATION.—There is established a conditional medical
515 release program within the department for the purpose of
516 determining whether release is appropriate for eligible inmates,
517 supervising the released inmates, and conducting revocation
518 hearings as provided for in this section. The establishment of
519 the conditional medical release program must include a panel of
520 at least three people appointed by the secretary or his or her
521 designee for the purpose of determining the appropriateness of
522 conditional medical release and conducting revocation hearings
523 on the inmate releases.
524 (3) DEFINITIONS.—As used in this section, the term:
525 (a) “Inmate with a debilitating illness” means an inmate
526 who is determined to be suffering from a significant terminal or
527 nonterminal condition, disease, or syndrome that has rendered
528 the inmate so physically or cognitively impaired, debilitated,
529 or incapacitated as to create a reasonable probability that the
530 inmate does not constitute a danger to himself or herself or to
531 others.
532 (b) “Permanently incapacitated inmate” means an inmate who
533 has a condition caused by injury, disease, or illness which, to
534 a reasonable degree of medical certainty, renders the inmate
535 permanently and irreversibly physically incapacitated to the
536 extent that the inmate does not constitute a danger to himself
537 or herself or to others.
538 (c) “Terminally ill inmate” means an inmate who has a
539 condition caused by injury, disease, or illness which, to a
540 reasonable degree of medical certainty, renders the inmate
541 terminally ill to the extent that there can be no recovery,
542 death is expected within 12 months, and the inmate does not
543 constitute a danger to himself or herself or to others.
544 (4) ELIGIBILITY.—An inmate is eligible for consideration
545 for release under the conditional medical release program when
546 the inmate, because of an existing medical or physical
547 condition, is determined by the department to be an inmate with
548 a debilitating illness, a permanently incapacitated inmate, or a
549 terminally ill inmate. Notwithstanding any other law, an inmate
550 who meets this eligibility criteria may be released from the
551 custody of the department pursuant to this section before
552 serving 85 percent of his or her term of imprisonment.
553 (5) REFERRAL FOR CONSIDERATION.—
554 (a)1. Notwithstanding any law to the contrary, any inmate
555 in the custody of the department who meets one or more of the
556 eligibility requirements under subsection (4) must be considered
557 for conditional medical release.
558 2. The authority to grant conditional medical release rests
559 solely with the department. An inmate does not have a right to
560 release or to a medical evaluation to determine eligibility for
561 release pursuant to this section.
562 (b) The department must identify inmates who may be
563 eligible for conditional medical release based upon available
564 medical information. In considering an inmate for conditional
565 medical release, the department may require additional medical
566 evidence, including examinations of the inmate, or any other
567 additional investigations the department deems necessary for
568 determining the appropriateness of the eligible inmate’s
569 release.
570 (c) The department must refer an inmate to the panel
571 established under subsection (2) for review and determination of
572 conditional medical release upon his or her identification as
573 potentially eligible for release pursuant to this section.
574 (d) If the case that resulted in the inmate’s commitment to
575 the department involved a victim, and the victim specifically
576 requested notification pursuant to s. 16, Art. I of the State
577 Constitution, the department must notify the victim of the
578 inmate’s referral to the panel upon identification of the inmate
579 as potentially eligible for release under this section.
580 Additionally, the victim must be afforded the right to be heard
581 regarding the release of the inmate.
582 (6) DETERMINATION OF RELEASE.—
583 (a) The panel established in subsection (2) must conduct a
584 hearing to determine whether conditional medical release is
585 appropriate for the inmate. Before the hearing, the director of
586 inmate health services or his or her designee must review any
587 relevant information, including, but not limited to, medical
588 evidence, and provide the panel with a recommendation regarding
589 the appropriateness of releasing the inmate pursuant to this
590 section. The hearing must be conducted by the panel:
591 1. By April 1, 2022, if the inmate is immediately eligible
592 for consideration for the conditional medical release program
593 when this section takes effect on October 1, 2021.
594 2. By July 1, 2022, if the inmate becomes eligible for
595 consideration for the conditional medical release program after
596 October 1, 2021, but before July 1, 2022.
597 3. Within 45 days after receiving the referral if the
598 inmate becomes eligible for conditional medical release any time
599 on or after July 1, 2022.
600 (b) A majority of the panel members must agree that the
601 inmate is appropriate for release pursuant to this section. If
602 conditional medical release is approved, the inmate must be
603 released by the department to the community within a reasonable
604 amount of time with necessary release conditions imposed
605 pursuant to subsection (7).
606 (c)1. An inmate who is denied conditional medical release
607 by the panel may elect to have the decision reviewed by the
608 department’s general counsel and chief medical officer, who must
609 make a recommendation to the secretary. The secretary must
610 review all relevant information and make a final decision about
611 the appropriateness of conditional medical release pursuant to
612 this section. The decision of the secretary is a final
613 administrative decision not subject to appeal.
614 2. An inmate who requests to have the decision reviewed in
615 accordance with this paragraph must do so in a manner prescribed
616 by rule. An inmate who is denied conditional medical release may
617 subsequently be reconsidered for such release in a manner
618 prescribed by department rule.
619 (7) RELEASE CONDITIONS.—
620 (a) An inmate granted release pursuant to this section is
621 released for a period equal to the length of time remaining on
622 his or her term of imprisonment on the date the release is
623 granted. Such inmate is considered a medical releasee upon
624 release from the department into the community. The medical
625 releasee must comply with all reasonable conditions of release
626 the department imposes, which must include, at a minimum:
627 1. Periodic medical evaluations at intervals determined by
628 the department at the time of release.
629 2. Supervision by an officer trained to handle special
630 offender caseloads.
631 3. Active electronic monitoring, if such monitoring is
632 determined to be necessary to ensure the safety of the public
633 and the medical releasee’s compliance with release conditions.
634 4. Any conditions of community control provided for in s.
635 948.101.
636 5. Any other conditions the department deems appropriate to
637 ensure the safety of the community and compliance by the medical
638 releasee.
639 (b) A medical releasee is considered to be in the custody,
640 supervision, and control of the department, which, for purposes
641 of this section, does not create a duty for the department to
642 provide the medical releasee with medical care upon release into
643 the community. The medical releasee remains eligible to earn or
644 lose gain-time in accordance with s. 944.275 and department
645 rule. The medical releasee may not be counted in the prison
646 system population and the medical releasee’s approved community
647 based housing location may not be counted in the capacity
648 figures for the prison system.
649 (8) REVOCATION HEARING AND RECOMMITMENT.—
650 (a) The department may terminate a medical releasee’s
651 conditional medical release and return him or her to the same or
652 another institution designated by the department.
653 (b)1. If a medical releasee’s supervision officer or a duly
654 authorized representative of the department discovers that the
655 medical or physical condition of the medical releasee has
656 improved to the extent that he or she would no longer be
657 eligible for release under this section, the conditional medical
658 release may be revoked. The department may order, as prescribed
659 by department rule, that the medical releasee be returned to the
660 custody of the department for a conditional medical release
661 revocation hearing or may allow the medical releasee to remain
662 in the community pending the revocation hearing. If the
663 department elects to order the medical releasee to be returned
664 to custody pending the revocation hearing, the officer or duly
665 authorized representative may cause a warrant to be issued for
666 the arrest of the medical releasee.
667 2. A medical releasee may admit to the allegation of
668 improved medical or physical condition or may elect to proceed
669 to a revocation hearing. The revocation hearing must be
670 conducted by the panel established in subsection (2). Before a
671 revocation hearing pursuant to this paragraph, the director of
672 inmate health services or his or her designee must review any
673 medical evidence pertaining to the medical releasee and provide
674 the panel with a recommendation regarding the medical releasee’s
675 improvement and current medical or physical condition.
676 3. A majority of the panel members must agree that
677 revocation is appropriate for a medical releasee’s conditional
678 medical release to be revoked. If conditional medical release is
679 revoked due to improvement in his or her medical or physical
680 condition, the medical releasee must be recommitted to the
681 department to serve the balance of his or her sentence in an
682 institution designated by the department with credit for the
683 time served on conditional medical release and without
684 forfeiture of any gain-time accrued before recommitment. If the
685 medical releasee whose conditional medical release is revoked
686 due to an improvement in his or her medical or physical
687 condition would otherwise be eligible for parole or any other
688 release program, he or she may be considered for such release
689 program pursuant to law.
690 4. A medical releasee whose conditional medical release is
691 revoked pursuant to this paragraph may elect to have the
692 decision reviewed by the department’s general counsel and chief
693 medical officer, who must make a recommendation to the
694 secretary. The secretary must review all relevant information
695 and make a final decision about the appropriateness of the
696 revocation of conditional medical release pursuant to this
697 paragraph. The decision of the secretary is a final
698 administrative decision not subject to appeal.
699 (c)1. The medical releasee’s conditional medical release
700 may also be revoked for violation of any release conditions the
701 department establishes, including, but not limited to, a new
702 violation of law.
703 2. If a duly authorized representative of the department
704 has reasonable grounds to believe that a medical releasee has
705 violated the conditions of his or her release in a material
706 respect, such representative may cause a warrant to be issued
707 for the arrest of the medical releasee. A law enforcement
708 officer or a probation officer may arrest the medical releasee
709 without a warrant in accordance with s. 948.06 if there are
710 reasonable grounds to believe he or she has violated the terms
711 and conditions of his or her conditional medical release. The
712 law enforcement officer must report the medical releasee’s
713 alleged violations to the supervising probation office or the
714 department’s emergency action center for initiation of
715 revocation proceedings as prescribed by department rule.
716 3. If the basis of the violation of release conditions is
717 related to a new violation of law, the medical releasee must be
718 detained without bond until his or her initial appearance, at
719 which time a judicial determination of probable cause is made.
720 If the judge determines that there was no probable cause for the
721 arrest, the medical releasee may be released. A judicial
722 determination of probable cause also constitutes reasonable
723 grounds to believe that the medical releasee violated the
724 conditions of the conditional medical release.
725 4. The department must order that the medical releasee
726 subject to revocation under this paragraph be returned to
727 department custody for a conditional medical release revocation
728 hearing. A medical releasee may admit to the alleged violation
729 of the conditions of conditional medical release or may elect to
730 proceed to a revocation hearing. The revocation hearing must be
731 conducted by the panel established in subsection (2).
732 5. A majority of the panel members must agree that
733 revocation is appropriate for the medical releasee’s conditional
734 medical release to be revoked. If conditional medical release is
735 revoked pursuant to this paragraph, the medical releasee must
736 serve the balance of his or her sentence in an institution
737 designated by the department with credit for the actual time
738 served on conditional medical release. The releasee’s gain-time
739 accrued before recommitment may be forfeited pursuant to s.
740 944.28(1). If the medical releasee whose conditional medical
741 release is revoked subject to this paragraph would otherwise be
742 eligible for parole or any other release program, he or she may
743 be considered for such release program pursuant to law.
744 6. A medical releasee whose conditional medical release has
745 been revoked pursuant to this paragraph may elect to have the
746 revocation reviewed by the department’s general counsel, who
747 must make a recommendation to the secretary. The secretary must
748 review all relevant information and make a final decision about
749 the appropriateness of the revocation of conditional medical
750 release pursuant to this paragraph. The decision of the
751 secretary is a final administrative decision not subject to
752 appeal.
753 (d)1. If the medical releasee subject to revocation under
754 paragraph (b) or paragraph (c) elects to proceed with a hearing,
755 the medical releasee must be informed orally and in writing of
756 the following:
757 a. The alleged basis for the pending revocation proceeding
758 against the releasee.
759 b. The releasee’s right to be represented by counsel.
760 However, this sub-subparagraph does not create a right to
761 publicly funded legal counsel.
762 c. The releasee’s right to be heard either in person or by
763 electronic audiovisual device in the discretion of the
764 department.
765 d. The releasee’s right to secure, present, and compel the
766 attendance of witnesses relevant to the proceeding.
767 e. The releasee’s right to produce documents on his or her
768 own behalf.
769 f. The releasee’s right of access to all evidence used to
770 support the revocation proceeding against the releasee and to
771 confront and cross-examine adverse witnesses.
772 g. The releasee’s right to waive the hearing.
773 2. If the panel approves the revocation of the medical
774 releasee’s conditional medical release under paragraph (a) or
775 paragraph (b), the panel must provide a written statement as to
776 evidence relied on and reasons for revocation.
777 (e) A medical releasee whose conditional medical release is
778 revoked and who is recommitted to the department under this
779 subsection must comply with the 85 percent requirement in
780 accordance with ss. 921.002 and 944.275 upon recommitment.
781 (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
782 TERMINAL CONDITION.—
783 (a) If an inmate is diagnosed with a terminal medical
784 condition that makes him or her eligible for consideration for
785 release under paragraph (3)(c) while in the custody of the
786 department, subject to confidentiality requirements, the
787 department must:
788 1. Notify the inmate’s family or next of kin and attorney,
789 if applicable, of such diagnosis within 72 hours after the
790 diagnosis.
791 2. Provide the inmate’s family, including extended family,
792 an opportunity to visit the inmate in person within 7 days after
793 the diagnosis.
794 3. Initiate a review for conditional medical release as
795 provided for in this section immediately upon the diagnosis.
796 (b) If the inmate has mental and physical capacity, he or
797 she must consent to release of confidential information for the
798 department to comply with the notification requirements required
799 in this subsection.
800 (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
801 and in accordance with s. 13, Art. X of the State Constitution,
802 members of the panel established in subsection (2) who are
803 involved with decisions that grant or revoke conditional medical
804 release are provided immunity from liability for actions that
805 directly relate to such decisions.
806 (11) RULEMAKING AUTHORITY.—The department may adopt rules
807 as necessary to implement this section.
808 Section 6. Section 945.0912, Florida Statutes, is created
809 to read:
810 945.0912 Conditional aging inmate release.—
811 (1) FINDINGS.—The Legislature finds that the number of
812 aging inmates incarcerated in the state’s prisons has grown
813 significantly in recent years. Further, the Legislature finds
814 that imprisonment tends to exacerbate the effects of aging due
815 to histories of substance abuse and inadequate preventive care
816 before imprisonment and stress linked to prison life. The
817 Legislature also finds that recidivism rates are greatly reduced
818 with older inmates who are released into the community.
819 Therefore, the Legislature finds that it is of great public
820 importance to find a compassionate solution to the challenges
821 presented by the imprisonment of aging inmates while also
822 ensuring that the public safety of Florida’s communities remains
823 protected.
824 (2) CREATION.—There is established a conditional aging
825 inmate release program within the department for the purpose of
826 determining eligible inmates who are appropriate for such
827 release, supervising the released inmates, and conducting
828 revocation hearings as provided for in this section. The program
829 must include a panel of at least three people appointed by the
830 secretary or his or her designee for the purpose of determining
831 the appropriateness of conditional aging inmate release and
832 conducting revocation hearings on the inmate releases.
833 (3) ELIGIBILITY.—
834 (a) An inmate is eligible for consideration for release
835 under the conditional aging inmate release program when the
836 inmate has reached 65 years of age and has served at least 10
837 years on his or her term of imprisonment. Notwithstanding any
838 other law, an inmate who meets this criteria as prescribed in
839 this subsection may be released from the custody of the
840 department pursuant to this section before serving 85 percent of
841 his or her term of imprisonment.
842 (b) An inmate may not be considered for release through the
843 conditional aging inmate release program if he or she has ever
844 been found guilty of, regardless of adjudication, or entered a
845 plea of nolo contendere or guilty to, or has been adjudicated
846 delinquent for committing:
847 1. Any offense classified or that was reclassified as a
848 capital felony, life felony, or first degree felony punishable
849 by a term of years not exceeding life imprisonment.
850 2. Any violation of law which resulted in the killing of a
851 human being.
852 3. Any felony offense that serves as a predicate to
853 registration as a sexual offender in accordance with s.
854 943.0435.
855 4. Any similar offense committed in another jurisdiction
856 which would be an offense listed in this paragraph if it had
857 been committed in violation of the laws of this state.
858 (c) An inmate who has previously been released on any form
859 of conditional or discretionary release and who was recommitted
860 to the department as a result of a finding that he or she
861 subsequently violated the terms of such conditional or
862 discretionary release may not be considered for release through
863 the program.
864 (4) REFERRAL FOR CONSIDERATION.—
865 (a)1. Notwithstanding any law to the contrary, an inmate in
866 the custody of the department who is eligible for consideration
867 pursuant to subsection (3) must be considered for the
868 conditional aging inmate release program.
869 2. The authority to grant conditional aging inmate release
870 rests solely with the department. An inmate does not have a
871 right to such release.
872 (b) The department must identify inmates who may be
873 eligible for the conditional aging inmate release program. In
874 considering an inmate for conditional aging inmate release, the
875 department may require the production of additional evidence or
876 any other additional investigations that the department deems
877 necessary for determining the appropriateness of the eligible
878 inmate’s release.
879 (c) The department must refer an inmate to the panel
880 established under subsection (2) for review and determination of
881 conditional aging inmate release upon his or her identification
882 as potentially eligible for release pursuant to this section.
883 (d) If the case that resulted in the inmate’s commitment to
884 the department involved a victim, and the victim specifically
885 requested notification pursuant to s. 16, Art. I of the State
886 Constitution, the department must notify the victim, in a manner
887 prescribed by rule, of the inmate’s referral to the panel upon
888 identification of the inmate as potentially eligible for release
889 under this section. Additionally, the victim must be afforded
890 the right to be heard regarding the release of the inmate.
891 (5) DETERMINATION OF RELEASE.—
892 (a) The panel established in subsection (2) must conduct a
893 hearing to determine whether the inmate is appropriate for
894 conditional aging inmate release. The hearing must be conducted
895 by the panel:
896 1. By April 1, 2022, if the inmate is immediately eligible
897 for consideration for the conditional aging inmate release
898 program when this section takes effect on October 1, 2021.
899 2. By July 1, 2022, if the inmate becomes eligible for
900 consideration for the conditional aging inmate release program
901 after October 1, 2021, but before July 1, 2022.
902 3. Within 45 days after receiving the referral if the
903 inmate becomes eligible for conditional aging inmate release any
904 time on or after July 1, 2022.
905 (b) A majority of the panel members must agree that the
906 inmate is appropriate for release pursuant to this section. If
907 conditional aging inmate release is approved, the inmate must be
908 released by the department to the community within a reasonable
909 amount of time with necessary release conditions imposed
910 pursuant to subsection (6).
911 (c)1. An inmate who is denied conditional aging inmate
912 release by the panel may elect to have the decision reviewed by
913 the department’s general counsel, who must make a recommendation
914 to the secretary. The secretary must review all relevant
915 information and make a final decision about the appropriateness
916 of conditional aging inmate release pursuant to this section.
917 The decision of the secretary is a final administrative decision
918 not subject to appeal.
919 2. An inmate who requests to have the decision reviewed in
920 accordance with this paragraph must do so in a manner prescribed
921 by rule. An inmate who is denied conditional aging inmate
922 release may be subsequently reconsidered for such release in a
923 manner prescribed by rule.
924 (6) RELEASE CONDITIONS.—
925 (a) An inmate granted release pursuant to this section is
926 released for a period equal to the length of time remaining on
927 his or her term of imprisonment on the date the release is
928 granted. Such inmate is considered an aging releasee upon
929 release from the department into the community. The aging
930 releasee must comply with all reasonable conditions of release
931 the department imposes, which must include, at a minimum:
932 1. Supervision by an officer trained to handle special
933 offender caseloads.
934 2. Active electronic monitoring, if such monitoring is
935 determined to be necessary to ensure the safety of the public
936 and the aging releasee’s compliance with release conditions.
937 3. Any conditions of community control provided for in s.
938 948.101.
939 4. Any other conditions the department deems appropriate to
940 ensure the safety of the community and compliance by the aging
941 releasee.
942 (b) An aging releasee is considered to be in the custody,
943 supervision, and control of the department, which, for purposes
944 of this section, does not create a duty for the department to
945 provide the aging releasee with medical care upon release into
946 the community. The aging releasee remains eligible to earn or
947 lose gain-time in accordance with s. 944.275 and department
948 rule. The aging releasee may not be counted in the prison system
949 population, and the aging releasee’s approved community-based
950 housing location may not be counted in the capacity figures for
951 the prison system.
952 (7) REVOCATION HEARING AND RECOMMITMENT.—
953 (a)1. An aging releasee’s conditional aging inmate release
954 may be revoked for a violation of any condition of the release
955 established by the department, including, but not limited to, a
956 new violation of law. The department may terminate the aging
957 releasee’s conditional aging inmate release and return him or
958 her to the same or another institution designated by the
959 department.
960 2. If a duly authorized representative of the department
961 has reasonable grounds to believe that an aging releasee has
962 violated the conditions of his or her release in a material
963 respect, such representative may cause a warrant to be issued
964 for the arrest of the aging releasee. A law enforcement officer
965 or a probation officer may arrest the aging releasee without a
966 warrant in accordance with s. 948.06 if there are reasonable
967 grounds to believe he or she has violated the terms and
968 conditions of his or her conditional aging inmate release. The
969 law enforcement officer must report the aging releasee’s alleged
970 violations to the supervising probation office or the
971 department’s emergency action center for initiation of
972 revocation proceedings as prescribed by department rule.
973 3. If the basis of the violation of release conditions is
974 related to a new violation of law, the aging releasee must be
975 detained without bond until his or her initial appearance, at
976 which a judicial determination of probable cause is made. If the
977 judge determines that there was no probable cause for the
978 arrest, the aging releasee may be released. A judicial
979 determination of probable cause also constitutes reasonable
980 grounds to believe that the aging releasee violated the
981 conditions of the release.
982 4. The department must order that the aging releasee
983 subject to revocation under this subsection be returned to
984 department custody for a conditional aging inmate release
985 revocation hearing as prescribed by rule. An aging releasee may
986 admit to the alleged violation of the conditions of conditional
987 aging inmate release or may elect to proceed to a revocation
988 hearing. The revocation hearing must be conducted by the panel
989 established in subsection (2).
990 5. A majority of the panel members must agree that
991 revocation is appropriate for the aging releasee’s conditional
992 aging inmate release to be revoked. If conditional aging inmate
993 release is revoked pursuant to this subsection, the aging
994 releasee must serve the balance of his or her sentence in an
995 institution designated by the department with credit for the
996 actual time served on conditional aging inmate release. However,
997 the aging releasee’s gain-time accrued before recommitment may
998 be forfeited pursuant to s. 944.28(1). An aging releasee whose
999 conditional aging inmate release is revoked and is recommitted
1000 to the department under this subsection must comply with the 85
1001 percent requirement in accordance with ss. 921.002 and 944.275.
1002 If the aging releasee whose conditional aging inmate release is
1003 revoked subject to this subsection would otherwise be eligible
1004 for parole or any other release program, he or she may be
1005 considered for such release program pursuant to law.
1006 6. An aging releasee whose release has been revoked
1007 pursuant to this subsection may elect to have the revocation
1008 reviewed by the department’s general counsel, who must make a
1009 recommendation to the secretary. The secretary must review all
1010 relevant information and make a final decision about the
1011 appropriateness of the revocation of conditional aging inmate
1012 release pursuant to this subsection. The decision of the
1013 secretary is a final administrative decision not subject to
1014 appeal.
1015 (b) If the aging releasee subject to revocation under this
1016 subsection elects to proceed with a hearing, the aging releasee
1017 must be informed orally and in writing of the following:
1018 1. The alleged violation with which the releasee is
1019 charged.
1020 2. The releasee’s right to be represented by counsel.
1021 However, this subparagraph does not create a right to publicly
1022 funded legal counsel.
1023 3. The releasee’s right to be heard either in person or by
1024 electronic audiovisual device in the discretion of the
1025 department.
1026 4. The releasee’s right to secure, present, and compel the
1027 attendance of witnesses relevant to the proceeding.
1028 5. The releasee’s right to produce documents on his or her
1029 own behalf.
1030 6. The releasee’s right of access to all evidence used
1031 against the releasee and to confront and cross-examine adverse
1032 witnesses.
1033 7. The releasee’s right to waive the hearing.
1034 (c) If the panel approves the revocation of the aging
1035 releasee’s conditional aging inmate release, the panel must
1036 provide a written statement as to evidence relied on and reasons
1037 for revocation.
1038 (8) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
1039 and in accordance with s. 13, Art. X of the State Constitution,
1040 members of the panel established in subsection (2) who are
1041 involved with decisions that grant or revoke conditional aging
1042 inmate release are provided immunity from liability for actions
1043 that directly relate to such decisions.
1044 (9) RULEMAKING AUTHORITY.—The department may adopt rules as
1045 necessary to implement this section.
1046 Section 7. Section 947.149, Florida Statutes, is repealed.
1047 Section 8. Subsection (6) of section 316.1935, Florida
1048 Statutes, is amended to read:
1049 316.1935 Fleeing or attempting to elude a law enforcement
1050 officer; aggravated fleeing or eluding.—
1051 (6) Notwithstanding s. 948.01, a court may not no court may
1052 suspend, defer, or withhold adjudication of guilt or imposition
1053 of sentence for any violation of this section. A person
1054 convicted and sentenced to a mandatory minimum term of
1055 incarceration under paragraph (3)(b) or paragraph (4)(b) is not
1056 eligible for statutory gain-time under s. 944.275 or any form of
1057 discretionary early release, other than pardon or executive
1058 clemency, or conditional medical release under s. 945.0911 s.
1059 947.149, or conditional aging inmate release under s. 945.0912,
1060 before prior to serving the mandatory minimum sentence.
1061 Section 9. Paragraph (k) of subsection (4) of section
1062 775.084, Florida Statutes, is amended to read:
1063 775.084 Violent career criminals; habitual felony offenders
1064 and habitual violent felony offenders; three-time violent felony
1065 offenders; definitions; procedure; enhanced penalties or
1066 mandatory minimum prison terms.—
1067 (4)
1068 (k)1. A defendant sentenced under this section as a
1069 habitual felony offender, a habitual violent felony offender, or
1070 a violent career criminal is eligible for gain-time granted by
1071 the Department of Corrections as provided in s. 944.275(4)(b).
1072 2. For an offense committed on or after October 1, 1995, a
1073 defendant sentenced under this section as a violent career
1074 criminal is not eligible for any form of discretionary early
1075 release, other than pardon or executive clemency, or conditional
1076 medical release under s. 945.0911, or conditional aging inmate
1077 release under s. 945.0912 granted pursuant to s. 947.149.
1078 3. For an offense committed on or after July 1, 1999, a
1079 defendant sentenced under this section as a three-time violent
1080 felony offender shall be released only by expiration of sentence
1081 and is shall not be eligible for parole, control release, or any
1082 form of early release.
1083 Section 10. Paragraph (b) of subsection (2) and paragraph
1084 (b) of subsection (3) of section 775.087, Florida Statutes, are
1085 amended to read:
1086 775.087 Possession or use of weapon; aggravated battery;
1087 felony reclassification; minimum sentence.—
1088 (2)
1089 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
1090 (a)3. does not prevent a court from imposing a longer sentence
1091 of incarceration as authorized by law in addition to the minimum
1092 mandatory sentence, or from imposing a sentence of death
1093 pursuant to other applicable law. Subparagraph (a)1.,
1094 subparagraph (a)2., or subparagraph (a)3. does not authorize a
1095 court to impose a lesser sentence than otherwise required by
1096 law.
1097
1098 Notwithstanding s. 948.01, adjudication of guilt or imposition
1099 of sentence may shall not be suspended, deferred, or withheld,
1100 and the defendant is not eligible for statutory gain-time under
1101 s. 944.275 or any form of discretionary early release, other
1102 than pardon or executive clemency, or conditional medical
1103 release under s. 945.0911 s. 947.149, or conditional aging
1104 inmate release under s. 945.0912, before prior to serving the
1105 minimum sentence.
1106 (3)
1107 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
1108 (a)3. does not prevent a court from imposing a longer sentence
1109 of incarceration as authorized by law in addition to the minimum
1110 mandatory sentence, or from imposing a sentence of death
1111 pursuant to other applicable law. Subparagraph (a)1.,
1112 subparagraph (a)2., or subparagraph (a)3. does not authorize a
1113 court to impose a lesser sentence than otherwise required by
1114 law.
1115
1116 Notwithstanding s. 948.01, adjudication of guilt or imposition
1117 of sentence may shall not be suspended, deferred, or withheld,
1118 and the defendant is not eligible for statutory gain-time under
1119 s. 944.275 or any form of discretionary early release, other
1120 than pardon or executive clemency, or conditional medical
1121 release under s. 945.0911 s. 947.149, or conditional aging
1122 inmate release under s. 945.0912, before prior to serving the
1123 minimum sentence.
1124 Section 11. Subsection (3) of section 784.07, Florida
1125 Statutes, is amended to read:
1126 784.07 Assault or battery of law enforcement officers,
1127 firefighters, emergency medical care providers, public transit
1128 employees or agents, or other specified officers;
1129 reclassification of offenses; minimum sentences.—
1130 (3) Any person who is convicted of a battery under
1131 paragraph (2)(b) and, during the commission of the offense, such
1132 person possessed:
1133 (a) A “firearm” or “destructive device” as those terms are
1134 defined in s. 790.001, shall be sentenced to a minimum term of
1135 imprisonment of 3 years.
1136 (b) A semiautomatic firearm and its high-capacity
1137 detachable box magazine, as defined in s. 775.087(3), or a
1138 machine gun as defined in s. 790.001, shall be sentenced to a
1139 minimum term of imprisonment of 8 years.
1140
1141 Notwithstanding s. 948.01, adjudication of guilt or imposition
1142 of sentence may shall not be suspended, deferred, or withheld,
1143 and the defendant is not eligible for statutory gain-time under
1144 s. 944.275 or any form of discretionary early release, other
1145 than pardon or executive clemency, or conditional medical
1146 release under s. 945.0911 s. 947.149, or conditional aging
1147 inmate release under s. 945.0912, before prior to serving the
1148 minimum sentence.
1149 Section 12. Subsection (1) of section 790.235, Florida
1150 Statutes, is amended to read:
1151 790.235 Possession of firearm or ammunition by violent
1152 career criminal unlawful; penalty.—
1153 (1) Any person who meets the violent career criminal
1154 criteria under s. 775.084(1)(d), regardless of whether such
1155 person is or has previously been sentenced as a violent career
1156 criminal, who owns or has in his or her care, custody,
1157 possession, or control any firearm, ammunition, or electric
1158 weapon or device, or carries a concealed weapon, including a
1159 tear gas gun or chemical weapon or device, commits a felony of
1160 the first degree, punishable as provided in s. 775.082, s.
1161 775.083, or s. 775.084. A person convicted of a violation of
1162 this section shall be sentenced to a mandatory minimum of 15
1163 years’ imprisonment; however, if the person would be sentenced
1164 to a longer term of imprisonment under s. 775.084(4)(d), the
1165 person must be sentenced under that provision. A person
1166 convicted of a violation of this section is not eligible for any
1167 form of discretionary early release, other than pardon,
1168 executive clemency, or conditional medical release under s.
1169 945.0911, or conditional aging inmate release under s. 945.0912
1170 s. 947.149.
1171 Section 13. Subsection (7) of section 794.0115, Florida
1172 Statutes, is amended to read:
1173 794.0115 Dangerous sexual felony offender; mandatory
1174 sentencing.—
1175 (7) A defendant sentenced to a mandatory minimum term of
1176 imprisonment under this section is not eligible for statutory
1177 gain-time under s. 944.275 or any form of discretionary early
1178 release, other than pardon or executive clemency, or conditional
1179 medical release under s. 945.0911 s. 947.149, before serving the
1180 minimum sentence.
1181 Section 14. Paragraphs (b), (c), and (g) of subsection (1)
1182 and subsection (3) of section 893.135, Florida Statutes, are
1183 amended to read:
1184 893.135 Trafficking; mandatory sentences; suspension or
1185 reduction of sentences; conspiracy to engage in trafficking.—
1186 (1) Except as authorized in this chapter or in chapter 499
1187 and notwithstanding the provisions of s. 893.13:
1188 (b)1. Any person who knowingly sells, purchases,
1189 manufactures, delivers, or brings into this state, or who is
1190 knowingly in actual or constructive possession of, 28 grams or
1191 more of cocaine, as described in s. 893.03(2)(a)4., or of any
1192 mixture containing cocaine, but less than 150 kilograms of
1193 cocaine or any such mixture, commits a felony of the first
1194 degree, which felony shall be known as “trafficking in cocaine,”
1195 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1196 If the quantity involved:
1197 a. Is 28 grams or more, but less than 200 grams, such
1198 person shall be sentenced to a mandatory minimum term of
1199 imprisonment of 3 years, and the defendant shall be ordered to
1200 pay a fine of $50,000.
1201 b. Is 200 grams or more, but less than 400 grams, such
1202 person shall be sentenced to a mandatory minimum term of
1203 imprisonment of 7 years, and the defendant shall be ordered to
1204 pay a fine of $100,000.
1205 c. Is 400 grams or more, but less than 150 kilograms, such
1206 person shall be sentenced to a mandatory minimum term of
1207 imprisonment of 15 calendar years and pay a fine of $250,000.
1208 2. Any person who knowingly sells, purchases, manufactures,
1209 delivers, or brings into this state, or who is knowingly in
1210 actual or constructive possession of, 150 kilograms or more of
1211 cocaine, as described in s. 893.03(2)(a)4., commits the first
1212 degree felony of trafficking in cocaine. A person who has been
1213 convicted of the first degree felony of trafficking in cocaine
1214 under this subparagraph shall be punished by life imprisonment
1215 and is ineligible for any form of discretionary early release
1216 except pardon or executive clemency or conditional medical
1217 release under s. 945.0911 s. 947.149. However, if the court
1218 determines that, in addition to committing any act specified in
1219 this paragraph:
1220 a. The person intentionally killed an individual or
1221 counseled, commanded, induced, procured, or caused the
1222 intentional killing of an individual and such killing was the
1223 result; or
1224 b. The person’s conduct in committing that act led to a
1225 natural, though not inevitable, lethal result,
1226
1227 such person commits the capital felony of trafficking in
1228 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
1229 person sentenced for a capital felony under this paragraph shall
1230 also be sentenced to pay the maximum fine provided under
1231 subparagraph 1.
1232 3. Any person who knowingly brings into this state 300
1233 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
1234 and who knows that the probable result of such importation would
1235 be the death of any person, commits capital importation of
1236 cocaine, a capital felony punishable as provided in ss. 775.082
1237 and 921.142. Any person sentenced for a capital felony under
1238 this paragraph shall also be sentenced to pay the maximum fine
1239 provided under subparagraph 1.
1240 (c)1. A person who knowingly sells, purchases,
1241 manufactures, delivers, or brings into this state, or who is
1242 knowingly in actual or constructive possession of, 4 grams or
1243 more of any morphine, opium, hydromorphone, or any salt,
1244 derivative, isomer, or salt of an isomer thereof, including
1245 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
1246 (3)(c)4., or 4 grams or more of any mixture containing any such
1247 substance, but less than 30 kilograms of such substance or
1248 mixture, commits a felony of the first degree, which felony
1249 shall be known as “trafficking in illegal drugs,” punishable as
1250 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1251 quantity involved:
1252 a. Is 4 grams or more, but less than 14 grams, such person
1253 shall be sentenced to a mandatory minimum term of imprisonment
1254 of 3 years and shall be ordered to pay a fine of $50,000.
1255 b. Is 14 grams or more, but less than 28 grams, such person
1256 shall be sentenced to a mandatory minimum term of imprisonment
1257 of 15 years and shall be ordered to pay a fine of $100,000.
1258 c. Is 28 grams or more, but less than 30 kilograms, such
1259 person shall be sentenced to a mandatory minimum term of
1260 imprisonment of 25 years and shall be ordered to pay a fine of
1261 $500,000.
1262 2. A person who knowingly sells, purchases, manufactures,
1263 delivers, or brings into this state, or who is knowingly in
1264 actual or constructive possession of, 28 grams or more of
1265 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
1266 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
1267 grams or more of any mixture containing any such substance,
1268 commits a felony of the first degree, which felony shall be
1269 known as “trafficking in hydrocodone,” punishable as provided in
1270 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
1271 a. Is 28 grams or more, but less than 50 grams, such person
1272 shall be sentenced to a mandatory minimum term of imprisonment
1273 of 3 years and shall be ordered to pay a fine of $50,000.
1274 b. Is 50 grams or more, but less than 100 grams, such
1275 person shall be sentenced to a mandatory minimum term of
1276 imprisonment of 7 years and shall be ordered to pay a fine of
1277 $100,000.
1278 c. Is 100 grams or more, but less than 300 grams, such
1279 person shall be sentenced to a mandatory minimum term of
1280 imprisonment of 15 years and shall be ordered to pay a fine of
1281 $500,000.
1282 d. Is 300 grams or more, but less than 30 kilograms, such
1283 person shall be sentenced to a mandatory minimum term of
1284 imprisonment of 25 years and shall be ordered to pay a fine of
1285 $750,000.
1286 3. A person who knowingly sells, purchases, manufactures,
1287 delivers, or brings into this state, or who is knowingly in
1288 actual or constructive possession of, 7 grams or more of
1289 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
1290 thereof, or 7 grams or more of any mixture containing any such
1291 substance, commits a felony of the first degree, which felony
1292 shall be known as “trafficking in oxycodone,” punishable as
1293 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1294 quantity involved:
1295 a. Is 7 grams or more, but less than 14 grams, such person
1296 shall be sentenced to a mandatory minimum term of imprisonment
1297 of 3 years and shall be ordered to pay a fine of $50,000.
1298 b. Is 14 grams or more, but less than 25 grams, such person
1299 shall be sentenced to a mandatory minimum term of imprisonment
1300 of 7 years and shall be ordered to pay a fine of $100,000.
1301 c. Is 25 grams or more, but less than 100 grams, such
1302 person shall be sentenced to a mandatory minimum term of
1303 imprisonment of 15 years and shall be ordered to pay a fine of
1304 $500,000.
1305 d. Is 100 grams or more, but less than 30 kilograms, such
1306 person shall be sentenced to a mandatory minimum term of
1307 imprisonment of 25 years and shall be ordered to pay a fine of
1308 $750,000.
1309 4.a. A person who knowingly sells, purchases, manufactures,
1310 delivers, or brings into this state, or who is knowingly in
1311 actual or constructive possession of, 4 grams or more of:
1312 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
1313 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
1314 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
1315 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
1316 (V) A fentanyl derivative, as described in s.
1317 893.03(1)(a)62.;
1318 (VI) A controlled substance analog, as described in s.
1319 893.0356, of any substance described in sub-sub-subparagraphs
1320 (I)-(V); or
1321 (VII) A mixture containing any substance described in sub
1322 sub-subparagraphs (I)-(VI),
1323
1324 commits a felony of the first degree, which felony shall be
1325 known as “trafficking in fentanyl,” punishable as provided in s.
1326 775.082, s. 775.083, or s. 775.084.
1327 b. If the quantity involved under sub-subparagraph a.:
1328 (I) Is 4 grams or more, but less than 14 grams, such person
1329 shall be sentenced to a mandatory minimum term of imprisonment
1330 of 3 years, and shall be ordered to pay a fine of $50,000.
1331 (II) Is 14 grams or more, but less than 28 grams, such
1332 person shall be sentenced to a mandatory minimum term of
1333 imprisonment of 15 years, and shall be ordered to pay a fine of
1334 $100,000.
1335 (III) Is 28 grams or more, such person shall be sentenced
1336 to a mandatory minimum term of imprisonment of 25 years, and
1337 shall be ordered to pay a fine of $500,000.
1338 5. A person who knowingly sells, purchases, manufactures,
1339 delivers, or brings into this state, or who is knowingly in
1340 actual or constructive possession of, 30 kilograms or more of
1341 any morphine, opium, oxycodone, hydrocodone, codeine,
1342 hydromorphone, or any salt, derivative, isomer, or salt of an
1343 isomer thereof, including heroin, as described in s.
1344 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
1345 more of any mixture containing any such substance, commits the
1346 first degree felony of trafficking in illegal drugs. A person
1347 who has been convicted of the first degree felony of trafficking
1348 in illegal drugs under this subparagraph shall be punished by
1349 life imprisonment and is ineligible for any form of
1350 discretionary early release except pardon or executive clemency
1351 or conditional medical release under s. 945.0911 s. 947.149.
1352 However, if the court determines that, in addition to committing
1353 any act specified in this paragraph:
1354 a. The person intentionally killed an individual or
1355 counseled, commanded, induced, procured, or caused the
1356 intentional killing of an individual and such killing was the
1357 result; or
1358 b. The person’s conduct in committing that act led to a
1359 natural, though not inevitable, lethal result,
1360
1361 such person commits the capital felony of trafficking in illegal
1362 drugs, punishable as provided in ss. 775.082 and 921.142. A
1363 person sentenced for a capital felony under this paragraph shall
1364 also be sentenced to pay the maximum fine provided under
1365 subparagraph 1.
1366 6. A person who knowingly brings into this state 60
1367 kilograms or more of any morphine, opium, oxycodone,
1368 hydrocodone, codeine, hydromorphone, or any salt, derivative,
1369 isomer, or salt of an isomer thereof, including heroin, as
1370 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
1371 60 kilograms or more of any mixture containing any such
1372 substance, and who knows that the probable result of such
1373 importation would be the death of a person, commits capital
1374 importation of illegal drugs, a capital felony punishable as
1375 provided in ss. 775.082 and 921.142. A person sentenced for a
1376 capital felony under this paragraph shall also be sentenced to
1377 pay the maximum fine provided under subparagraph 1.
1378 (g)1. Any person who knowingly sells, purchases,
1379 manufactures, delivers, or brings into this state, or who is
1380 knowingly in actual or constructive possession of, 4 grams or
1381 more of flunitrazepam or any mixture containing flunitrazepam as
1382 described in s. 893.03(1)(a) commits a felony of the first
1383 degree, which felony shall be known as “trafficking in
1384 flunitrazepam,” punishable as provided in s. 775.082, s.
1385 775.083, or s. 775.084. If the quantity involved:
1386 a. Is 4 grams or more but less than 14 grams, such person
1387 shall be sentenced to a mandatory minimum term of imprisonment
1388 of 3 years, and the defendant shall be ordered to pay a fine of
1389 $50,000.
1390 b. Is 14 grams or more but less than 28 grams, such person
1391 shall be sentenced to a mandatory minimum term of imprisonment
1392 of 7 years, and the defendant shall be ordered to pay a fine of
1393 $100,000.
1394 c. Is 28 grams or more but less than 30 kilograms, such
1395 person shall be sentenced to a mandatory minimum term of
1396 imprisonment of 25 calendar years and pay a fine of $500,000.
1397 2. Any person who knowingly sells, purchases, manufactures,
1398 delivers, or brings into this state or who is knowingly in
1399 actual or constructive possession of 30 kilograms or more of
1400 flunitrazepam or any mixture containing flunitrazepam as
1401 described in s. 893.03(1)(a) commits the first degree felony of
1402 trafficking in flunitrazepam. A person who has been convicted of
1403 the first degree felony of trafficking in flunitrazepam under
1404 this subparagraph shall be punished by life imprisonment and is
1405 ineligible for any form of discretionary early release except
1406 pardon or executive clemency or conditional medical release
1407 under s. 945.0911 s. 947.149. However, if the court determines
1408 that, in addition to committing any act specified in this
1409 paragraph:
1410 a. The person intentionally killed an individual or
1411 counseled, commanded, induced, procured, or caused the
1412 intentional killing of an individual and such killing was the
1413 result; or
1414 b. The person’s conduct in committing that act led to a
1415 natural, though not inevitable, lethal result,
1416
1417 such person commits the capital felony of trafficking in
1418 flunitrazepam, punishable as provided in ss. 775.082 and
1419 921.142. Any person sentenced for a capital felony under this
1420 paragraph shall also be sentenced to pay the maximum fine
1421 provided under subparagraph 1.
1422 (3) Notwithstanding the provisions of s. 948.01, with
1423 respect to any person who is found to have violated this
1424 section, adjudication of guilt or imposition of sentence shall
1425 not be suspended, deferred, or withheld, nor shall such person
1426 be eligible for parole prior to serving the mandatory minimum
1427 term of imprisonment prescribed by this section. A person
1428 sentenced to a mandatory minimum term of imprisonment under this
1429 section is not eligible for any form of discretionary early
1430 release, except pardon or executive clemency or conditional
1431 medical release under s. 945.0911 s. 947.149, prior to serving
1432 the mandatory minimum term of imprisonment.
1433 Section 15. Subsection (2) of section 921.0024, Florida
1434 Statutes, is amended to read:
1435 921.0024 Criminal Punishment Code; worksheet computations;
1436 scoresheets.—
1437 (2) The lowest permissible sentence is the minimum sentence
1438 that may be imposed by the trial court, absent a valid reason
1439 for departure. The lowest permissible sentence is any nonstate
1440 prison sanction in which the total sentence points equals or is
1441 less than 44 points, unless the court determines within its
1442 discretion that a prison sentence, which may be up to the
1443 statutory maximums for the offenses committed, is appropriate.
1444 When the total sentence points exceeds 44 points, the lowest
1445 permissible sentence in prison months shall be calculated by
1446 subtracting 28 points from the total sentence points and
1447 decreasing the remaining total by 25 percent. The total sentence
1448 points shall be calculated only as a means of determining the
1449 lowest permissible sentence. The permissible range for
1450 sentencing shall be the lowest permissible sentence up to and
1451 including the statutory maximum, as defined in s. 775.082, for
1452 the primary offense and any additional offenses before the court
1453 for sentencing. The sentencing court may impose such sentences
1454 concurrently or consecutively. However, any sentence to state
1455 prison must exceed 1 year. If the lowest permissible sentence
1456 under the code exceeds the statutory maximum sentence as
1457 provided in s. 775.082, the sentence required by the code must
1458 be imposed. If the total sentence points are greater than or
1459 equal to 363, the court may sentence the offender to life
1460 imprisonment. An offender sentenced to life imprisonment under
1461 this section is not eligible for any form of discretionary early
1462 release, except executive clemency or conditional medical
1463 release under s. 945.0911 s. 947.149.
1464 Section 16. Paragraph (b) of subsection (7) of section
1465 944.605, Florida Statutes, is amended to read:
1466 944.605 Inmate release; notification; identification card.—
1467 (7)
1468 (b) Paragraph (a) does not apply to inmates who:
1469 1. The department determines have a valid driver license or
1470 state identification card, except that the department shall
1471 provide these inmates with a replacement state identification
1472 card or replacement driver license, if necessary.
1473 2. Have an active detainer, unless the department
1474 determines that cancellation of the detainer is likely or that
1475 the incarceration for which the detainer was issued will be less
1476 than 12 months in duration.
1477 3. Are released due to an emergency release or a
1478 conditional medical release under s. 945.0911 s. 947.149.
1479 4. Are not in the physical custody of the department at or
1480 within 180 days before release.
1481 5. Are subject to sex offender residency restrictions, and
1482 who, upon release under such restrictions, do not have a
1483 qualifying address.
1484 Section 17. Paragraph (b) of subsection (1) of section
1485 944.70, Florida Statutes, is amended to read:
1486 944.70 Conditions for release from incarceration.—
1487 (1)
1488 (b) A person who is convicted of a crime committed on or
1489 after January 1, 1994, may be released from incarceration only:
1490 1. Upon expiration of the person’s sentence;
1491 2. Upon expiration of the person’s sentence as reduced by
1492 accumulated meritorious or incentive gain-time;
1493 3. As directed by an executive order granting clemency;
1494 4. Upon placement in a conditional release program pursuant
1495 to s. 947.1405 or a conditional medical release program pursuant
1496 to s. 945.0911 s. 947.149; or
1497 5. Upon the granting of control release, including
1498 emergency control release, pursuant to s. 947.146.
1499 Section 18. Paragraph (h) of subsection (1) of section
1500 947.13, Florida Statutes, is amended to read:
1501 947.13 Powers and duties of commission.—
1502 (1) The commission shall have the powers and perform the
1503 duties of:
1504 (h) Determining what persons will be released on
1505 conditional medical release under s. 945.0911 s. 947.149,
1506 establishing the conditions of conditional medical release, and
1507 determining whether a person has violated the conditions of
1508 conditional medical release and taking action with respect to
1509 such a violation.
1510 Section 19. Subsections (1), (2), and (7) of section
1511 947.141, Florida Statutes, are amended to read:
1512 947.141 Violations of conditional release, control release,
1513 or conditional medical release or addiction-recovery
1514 supervision.—
1515 (1) If a member of the commission or a duly authorized
1516 representative of the commission has reasonable grounds to
1517 believe that an offender who is on release supervision under s.
1518 945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
1519 has violated the terms and conditions of the release in a
1520 material respect, such member or representative may cause a
1521 warrant to be issued for the arrest of the releasee; if the
1522 offender was found to be a sexual predator, the warrant must be
1523 issued.
1524 (2) Upon the arrest on a felony charge of an offender who
1525 is on release supervision under s. 945.0911, s. 947.1405, s.
1526 947.146, s. 947.149, or s. 944.4731, the offender must be
1527 detained without bond until the initial appearance of the
1528 offender at which a judicial determination of probable cause is
1529 made. If the trial court judge determines that there was no
1530 probable cause for the arrest, the offender may be released. If
1531 the trial court judge determines that there was probable cause
1532 for the arrest, such determination also constitutes reasonable
1533 grounds to believe that the offender violated the conditions of
1534 the release. Within 24 hours after the trial court judge’s
1535 finding of probable cause, the detention facility administrator
1536 or designee shall notify the commission and the department of
1537 the finding and transmit to each a facsimile copy of the
1538 probable cause affidavit or the sworn offense report upon which
1539 the trial court judge’s probable cause determination is based.
1540 The offender must continue to be detained without bond for a
1541 period not exceeding 72 hours excluding weekends and holidays
1542 after the date of the probable cause determination, pending a
1543 decision by the commission whether to issue a warrant charging
1544 the offender with violation of the conditions of release. Upon
1545 the issuance of the commission’s warrant, the offender must
1546 continue to be held in custody pending a revocation hearing held
1547 in accordance with this section.
1548 (7) If a law enforcement officer has probable cause to
1549 believe that an offender who is on release supervision under s.
1550 945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
1551 has violated the terms and conditions of his or her release by
1552 committing a felony offense, the officer shall arrest the
1553 offender without a warrant, and a warrant need not be issued in
1554 the case.
1555 Section 20. This act shall take effect October 1, 2021.
