Bill Text: FL S0386 | 2022 | Regular Session | Introduced


Bill Title: Abolishing the Death Penalty

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Criminal Justice [S0386 Detail]

Download: Florida-2022-S0386-Introduced.html
       Florida Senate - 2022                                     SB 386
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00138-22                                            2022386__
    1                        A bill to be entitled                      
    2         An act relating to abolishing the death penalty;
    3         amending s. 775.082, F.S.; providing that capital
    4         felonies are punishable only by life imprisonment;
    5         deleting provisions relating to the effect of a
    6         declaration by a court of last resort that the death
    7         penalty in a capital felony is unconstitutional;
    8         amending ss. 27.51 and 27.511, F.S.; deleting
    9         provisions relating to representation in death penalty
   10         cases; amending s. 27.5304, F.S.; conforming
   11         provisions to changes made by the act; repealing ss.
   12         27.7001, 27.7002, 27.701, 27.702, 27.703, 27.704,
   13         27.7045, 27.705, 27.706, 27.707, 27.708, 27.7081,
   14         27.7091, 27.710, 27.711, and 27.715, F.S., relating to
   15         capital collateral representation, constitutionally
   16         deficient representation, and postconviction capital
   17         collateral proceedings; amending ss. 23.21, 27.51,
   18         27.511, 43.16, and 112.0455, F.S.; conforming
   19         provisions to changes made by the act; amending s.
   20         119.071, F.S.; deleting a public records exemption
   21         relating to capital collateral proceedings; amending
   22         ss. 186.003, 215.89, 215.985, 216.011, and 790.25,
   23         F.S.; conforming provisions to changes made by the
   24         act; amending ss. 775.15 and 790.161, F.S.; deleting
   25         provisions relating to the effect of a declaration by
   26         a court of last resort that the death penalty in a
   27         capital felony is unconstitutional; repealing ss.
   28         913.13, 921.137, 921.141, and 921.142, F.S., relating
   29         to jurors in capital cases, prohibition of the
   30         imposition of the death sentence upon an
   31         intellectually disabled defendant, determination of
   32         whether to impose a sentence of death or life
   33         imprisonment for capital felonies, and determination
   34         of whether to impose a sentence of death or life
   35         imprisonment for capital drug trafficking felonies;
   36         amending ss. 394.912, 775.021, 775.30, 782.04,
   37         782.065, 794.011, 893.135, 944.275, and 948.012, F.S.;
   38         conforming provisions to changes made by the act;
   39         repealing ss. 922.052, 922.06, 922.07, 922.08,
   40         922.095, 922.10, 922.105, 922.108, 922.11, 922.111,
   41         922.12, 922.14, 922.15, 924.055, 924.056, and 924.057,
   42         F.S., relating to issuance of warrant of execution,
   43         stay of execution of death sentence, proceedings when
   44         a person under sentence of death appears to be insane,
   45         proceedings when person under sentence of death
   46         appears to be pregnant, pursuit of collateral
   47         remedies, execution of death sentence, prohibition
   48         against reduction of death sentence as a result of
   49         determination that a method of execution is
   50         unconstitutional, sentencing orders in capital cases,
   51         regulation of execution, transfer to state prison for
   52         safekeeping before death warrant issued, return of
   53         warrant of execution issued by the Governor, sentence
   54         of death unexecuted for unjustifiable reasons, return
   55         of warrant of execution issued by the Supreme Court,
   56         legislative intent concerning appeals and
   57         postconviction proceedings in capital cases,
   58         commencement of capital postconviction proceedings for
   59         which sentence of death is imposed on or after a
   60         certain date, and limitation on capital postconviction
   61         cases in which the death sentence was imposed before a
   62         certain date; amending s. 925.11, F.S.; deleting
   63         provisions relating to the preservation of DNA
   64         evidence in death penalty cases; amending s. 945.10,
   65         F.S.; deleting a public records exemption for the
   66         identity of executioners or those who have specified
   67         involvement in the administration of a lethal
   68         injection; amending ss. 316.3026, 373.409, 373.430,
   69         376.302, 403.161, 448.09, 504.013, 648.571, 775.261,
   70         787.06, 794.0115, 800.04, 907.041, 921.1401, 921.1402,
   71         944.17, 944.608, 944.609, and 944.705, F.S.;
   72         conforming cross-references; providing an effective
   73         date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Paragraph (a) of subsection (1) and subsection
   78  (2) of section 775.082, Florida Statutes, are amended to read:
   79         775.082 Penalties; applicability of sentencing structures;
   80  mandatory minimum sentences for certain reoffenders previously
   81  released from prison.—
   82         (1)(a) Except as provided in paragraph (b), A person who
   83  has been convicted of a capital felony shall be punished by
   84  death if the proceeding held to determine sentence according to
   85  the procedure set forth in s. 921.141 results in a determination
   86  that such person shall be punished by death, otherwise such
   87  person shall be punished by life imprisonment and shall be
   88  ineligible for parole.
   89         (2)In the event the death penalty in a capital felony is
   90  held to be unconstitutional by the Florida Supreme Court or the
   91  United States Supreme Court, the court having jurisdiction over
   92  a person previously sentenced to death for a capital felony
   93  shall cause such person to be brought before the court, and the
   94  court shall sentence such person to life imprisonment as
   95  provided in subsection (1). No sentence of death shall be
   96  reduced as a result of a determination that a method of
   97  execution is held to be unconstitutional under the State
   98  Constitution or the Constitution of the United States.
   99         Section 2. Subsection (1) of section 27.51, Florida
  100  Statutes, is amended to read:
  101         27.51 Duties of public defender.—
  102         (1) The public defender shall represent, without additional
  103  compensation, any person determined to be indigent under s.
  104  27.52 and:
  105         (a) Under arrest for, or charged with, a felony;
  106         (b) Under arrest for, or charged with:
  107         1. A misdemeanor authorized for prosecution by the state
  108  attorney;
  109         2. A violation of chapter 316 punishable by imprisonment;
  110         3. Criminal contempt; or
  111         4. A violation of a special law or county or municipal
  112  ordinance ancillary to a state charge, or if not ancillary to a
  113  state charge, only if the public defender contracts with the
  114  county or municipality to provide representation pursuant to ss.
  115  27.54 and 125.69.
  116  
  117  The public defender shall not provide representation pursuant to
  118  this paragraph if the court, prior to trial, files in the cause
  119  an order of no imprisonment as provided in s. 27.512;
  120         (c) Alleged to be a delinquent child pursuant to a petition
  121  filed before a circuit court;
  122         (d) Sought by petition filed in such court to be
  123  involuntarily placed as a mentally ill person under part I of
  124  chapter 394, involuntarily committed as a sexually violent
  125  predator under part V of chapter 394, or involuntarily admitted
  126  to residential services as a person with developmental
  127  disabilities under chapter 393. A public defender shall not
  128  represent any plaintiff in a civil action brought under the
  129  Florida Rules of Civil Procedure, the Federal Rules of Civil
  130  Procedure, or the federal statutes, or represent a petitioner in
  131  a rule challenge under chapter 120, unless specifically
  132  authorized by statute; or
  133         (e)Convicted and sentenced to death, for purposes of
  134  handling an appeal to the Supreme Court; or
  135         (e)(f) Is appealing a matter in a case arising under
  136  paragraphs (a)-(d).
  137         Section 3. Subsections (5) and (8) of section 27.511,
  138  Florida Statutes, are amended to read:
  139         27.511 Offices of criminal conflict and civil regional
  140  counsel; legislative intent; qualifications; appointment;
  141  duties.—
  142         (5) When the Office of the Public Defender, at any time
  143  during the representation of two or more defendants, determines
  144  that the interests of those accused are so adverse or hostile
  145  that they cannot all be counseled by the public defender or his
  146  or her staff without a conflict of interest, or that none can be
  147  counseled by the public defender or his or her staff because of
  148  a conflict of interest, and the court grants the public
  149  defender’s motion to withdraw, the office of criminal conflict
  150  and civil regional counsel shall be appointed and shall provide
  151  legal services, without additional compensation, to any person
  152  determined to be indigent under s. 27.52, who is:
  153         (a) Under arrest for, or charged with, a felony;
  154         (b) Under arrest for, or charged with:
  155         1. A misdemeanor authorized for prosecution by the state
  156  attorney;
  157         2. A violation of chapter 316 punishable by imprisonment;
  158         3. Criminal contempt; or
  159         4. A violation of a special law or county or municipal
  160  ordinance ancillary to a state charge or, if not ancillary to a
  161  state charge, only if the office of criminal conflict and civil
  162  regional counsel contracts with the county or municipality to
  163  provide representation pursuant to ss. 27.54 and 125.69.
  164  
  165  The office of criminal conflict and civil regional counsel may
  166  not provide representation pursuant to this paragraph if the
  167  court, prior to trial, files in the cause an order of no
  168  imprisonment as provided in s. 27.512;
  169         (c) Alleged to be a delinquent child pursuant to a petition
  170  filed before a circuit court;
  171         (d) Sought by petition filed in such court to be
  172  involuntarily placed as a mentally ill person under part I of
  173  chapter 394, involuntarily committed as a sexually violent
  174  predator under part V of chapter 394, or involuntarily admitted
  175  to residential services as a person with developmental
  176  disabilities under chapter 393;
  177         (e)Convicted and sentenced to death, for purposes of
  178  handling an appeal to the Supreme Court;
  179         (e)(f) Appealing a matter in a case arising under
  180  paragraphs (a)-(d); or
  181         (f)(g) Seeking correction, reduction, or modification of a
  182  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
  183  or seeking postconviction relief under Rule 3.850, Florida Rules
  184  of Criminal Procedure, if, in either case, the court determines
  185  that appointment of counsel is necessary to protect a person’s
  186  due process rights.
  187         (8) The public defender for the judicial circuit specified
  188  in s. 27.51(4) shall, after the record on appeal is transmitted
  189  to the appellate court by the office of criminal conflict and
  190  civil regional counsel which handled the trial and if requested
  191  by the regional counsel for the indicated appellate district,
  192  handle all circuit court and county court appeals authorized
  193  pursuant to paragraph (5)(e) (5)(f) within the state courts
  194  system and any authorized appeals to the federal courts required
  195  of the official making the request. If the public defender
  196  certifies to the court that the public defender has a conflict
  197  consistent with the criteria prescribed in s. 27.5303 and moves
  198  to withdraw, the regional counsel shall handle the appeal,
  199  unless the regional counsel has a conflict, in which case the
  200  court shall appoint private counsel pursuant to s. 27.40.
  201         Section 4. Subsection (13) of section 27.5304, Florida
  202  Statutes, is amended to read:
  203         27.5304 Private court-appointed counsel; compensation;
  204  notice.—
  205         (13) Notwithstanding the limitation set forth in subsection
  206  (5) and for the 2021-2022 fiscal year only, the compensation for
  207  representation in a criminal proceeding may not exceed the
  208  following:
  209         (a) For misdemeanors and juveniles represented at the trial
  210  level: $1,000.
  211         (b) For noncapital, nonlife felonies represented at the
  212  trial level: $15,000.
  213         (c) For life felonies represented at the trial level:
  214  $15,000.
  215         (d)For capital cases represented at the trial level:
  216  $25,000. For purposes of this paragraph, a “capital case” is any
  217  offense for which the potential sentence is death and the state
  218  has not waived seeking the death penalty.
  219         (d)(e) For representation on appeal: $9,000.
  220         (e)(f) This subsection expires July 1, 2022.
  221         Section 5. Sections 27.7001, 27.7002, 27.701, 27.702,
  222  27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708,
  223  27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes,
  224  are repealed.
  225         Section 6. Subsection (1) of section 23.21, Florida
  226  Statutes, is amended to read:
  227         23.21 Definitions.—For purposes of this part:
  228         (1) “Department” means a principal administrative unit
  229  within the executive branch of state government as defined in
  230  chapter 20 and includes the State Board of Administration, the
  231  Executive Office of the Governor, the Fish and Wildlife
  232  Conservation Commission, the Florida Commission on Offender
  233  Review, the Agency for Health Care Administration, the State
  234  Board of Education, the Board of Governors of the State
  235  University System, the Justice Administrative Commission, the
  236  capital collateral regional counsel, and separate budget
  237  entities placed for administrative purposes within a department.
  238         Section 7. Subsection (5) of section 27.51, Florida
  239  Statutes, is amended to read:
  240         27.51 Duties of public defender.—
  241         (5)(a)When direct appellate proceedings prosecuted by a
  242  public defender on behalf of an accused and challenging a
  243  judgment of conviction and sentence of death terminate in an
  244  affirmance of such conviction and sentence, whether by the
  245  Florida Supreme Court or by the United States Supreme Court or
  246  by expiration of any deadline for filing such appeal in a state
  247  or federal court, the public defender shall notify the accused
  248  of his or her rights pursuant to Rule 3.851, Florida Rules of
  249  Criminal Procedure, including any time limits pertinent thereto,
  250  and shall advise such person that representation in any
  251  collateral proceedings is the responsibility of the capital
  252  collateral regional counsel. The public defender shall then
  253  forward all original files on the matter to the capital
  254  collateral regional counsel, retaining such copies for his or
  255  her files as may be desired.
  256         (b) It is the intent of the Legislature that any public
  257  defender representing an inmate in any collateral proceedings in
  258  any court on June 24, 1985, shall continue representation of
  259  that inmate in all postconviction proceedings unless relieved of
  260  responsibility from further representation by the court.
  261         Section 8. Subsection (9) of section 27.511, Florida
  262  Statutes, is amended to read:
  263         27.511 Offices of criminal conflict and civil regional
  264  counsel; legislative intent; qualifications; appointment;
  265  duties.—
  266         (9)When direct appellate proceedings prosecuted by the
  267  office of criminal conflict and civil regional counsel on behalf
  268  of an accused and challenging a judgment of conviction and
  269  sentence of death terminate in an affirmance of such conviction
  270  and sentence, whether by the Supreme Court or by the United
  271  States Supreme Court or by expiration of any deadline for filing
  272  such appeal in a state or federal court, the office of criminal
  273  conflict and civil regional counsel shall notify the accused of
  274  his or her rights pursuant to Rule 3.851, Florida Rules of
  275  Criminal Procedure, including any time limits pertinent thereto,
  276  and shall advise such person that representation in any
  277  collateral proceedings is the responsibility of the capital
  278  collateral regional counsel. The office of criminal conflict and
  279  civil regional counsel shall forward all original files on the
  280  matter to the capital collateral regional counsel, retaining
  281  such copies for his or her files as may be desired or required
  282  by law.
  283         Section 9. Paragraph (a) of subsection (5) and subsections
  284  (6) and (7) of section 43.16, Florida Statutes, are amended to
  285  read:
  286         43.16 Justice Administrative Commission; membership, powers
  287  and duties.—
  288         (5) The duties of the commission shall include, but not be
  289  limited to, the following:
  290         (a) The maintenance of a central state office for
  291  administrative services and assistance when possible to and on
  292  behalf of the state attorneys and public defenders of Florida,
  293  the capital collateral regional counsel of Florida, the criminal
  294  conflict and civil regional counsel, and the Guardian Ad Litem
  295  Program.
  296         (6) The commission, each state attorney, each public
  297  defender, the criminal conflict and civil regional counsel, the
  298  capital collateral regional counsel, and the Guardian Ad Litem
  299  Program shall establish and maintain internal controls designed
  300  to:
  301         (a) Prevent and detect fraud, waste, and abuse as defined
  302  in s. 11.45(1).
  303         (b) Promote and encourage compliance with applicable laws,
  304  rules, contracts, grant agreements, and best practices.
  305         (c) Support economical and efficient operations.
  306         (d) Ensure reliability of financial records and reports.
  307         (e) Safeguard assets.
  308         (7) The provisions contained in this section shall be
  309  supplemental to those of chapter 27, relating to state
  310  attorneys, public defenders, and criminal conflict and civil
  311  regional counsel, and capital collateral regional counsel; to
  312  those of chapter 39, relating to the Guardian Ad Litem Program;
  313  or to other laws pertaining hereto.
  314         Section 10. Paragraph (e) of subsection (13) of section
  315  112.0455, Florida Statutes, is amended to read:
  316         112.0455 Drug-Free Workplace Act.—
  317         (13) RULES.—
  318         (e) The Justice Administrative Commission may adopt rules
  319  on behalf of the state attorneys and public defenders of
  320  Florida, the capital collateral regional counsel, and the
  321  Judicial Qualifications Commission.
  322  
  323  This section shall not be construed to eliminate the bargainable
  324  rights as provided in the collective bargaining process where
  325  applicable.
  326         Section 11. Paragraph (d) of subsection (1) of section
  327  119.071, Florida Statutes, is amended to read:
  328         119.071 General exemptions from inspection or copying of
  329  public records.—
  330         (1) AGENCY ADMINISTRATION.—
  331         (d)1. A public record that was prepared by an agency
  332  attorney (including an attorney employed or retained by the
  333  agency or employed or retained by another public officer or
  334  agency to protect or represent the interests of the agency
  335  having custody of the record) or prepared at the attorney’s
  336  express direction, that reflects a mental impression,
  337  conclusion, litigation strategy, or legal theory of the attorney
  338  or the agency, and that was prepared exclusively for civil or
  339  criminal litigation or for adversarial administrative
  340  proceedings, or that was prepared in anticipation of imminent
  341  civil or criminal litigation or imminent adversarial
  342  administrative proceedings, is exempt from s. 119.07(1) and s.
  343  24(a), Art. I of the State Constitution until the conclusion of
  344  the litigation or adversarial administrative proceedings. For
  345  purposes of capital collateral litigation as set forth in s.
  346  27.7001, the Attorney General’s office is entitled to claim this
  347  exemption for those public records prepared for direct appeal as
  348  well as for all capital collateral litigation after direct
  349  appeal until execution of sentence or imposition of a life
  350  sentence.
  351         2. This exemption is not waived by the release of such
  352  public record to another public employee or officer of the same
  353  agency or any person consulted by the agency attorney. When
  354  asserting the right to withhold a public record pursuant to this
  355  paragraph, the agency shall identify the potential parties to
  356  any such criminal or civil litigation or adversarial
  357  administrative proceedings. If a court finds that the document
  358  or other record has been improperly withheld under this
  359  paragraph, the party seeking access to such document or record
  360  shall be awarded reasonable attorney’s fees and costs in
  361  addition to any other remedy ordered by the court.
  362         Section 12. Subsection (6) of section 186.003, Florida
  363  Statutes, is amended to read:
  364         186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
  365  As used in ss. 186.001-186.031 and 186.801-186.901, the term:
  366         (6) “State agency” or “agency” means any official, officer,
  367  commission, board, authority, council, committee, or department
  368  of the executive branch of state government. For purposes of
  369  this chapter, “state agency” or “agency” includes state
  370  attorneys, public defenders, the capital collateral regional
  371  counsel, the Justice Administrative Commission, and the Public
  372  Service Commission.
  373         Section 13. Paragraph (b) of subsection (2) of section
  374  215.89, Florida Statutes, is amended to read:
  375         215.89 Charts of account.—
  376         (2) DEFINITIONS.—As used in this section, the term:
  377         (b) “State agency” means an official, officer, commission,
  378  board, authority, council, committee, or department of the
  379  executive branch; a state attorney, public defender, or criminal
  380  conflict and civil regional counsel, or capital collateral
  381  regional counsel; the Florida Clerks of Court Operations
  382  Corporation; the Justice Administrative Commission; the Florida
  383  Housing Finance Corporation; the Florida Public Service
  384  Commission; the State Board of Administration; the Supreme Court
  385  or a district court of appeal, circuit court, or county court;
  386  or the Judicial Qualifications Commission.
  387         Section 14. Paragraph (h) of subsection (14) of section
  388  215.985, Florida Statutes, is amended to read:
  389         215.985 Transparency in government spending.—
  390         (14) The Chief Financial Officer shall establish and
  391  maintain a secure contract tracking system available for viewing
  392  and downloading by the public through a secure website. The
  393  Chief Financial Officer shall use appropriate Internet security
  394  measures to ensure that no person has the ability to alter or
  395  modify records available on the website.
  396         (h) For purposes of this subsection, the term:
  397         1. “Procurement document” means any document or material
  398  provided to the public or any vendor as part of a formal
  399  competitive solicitation of goods or services undertaken by a
  400  state entity, and a document or material submitted in response
  401  to a formal competitive solicitation by any vendor who is
  402  awarded the resulting contract.
  403         2. “State entity” means an official, officer, commission,
  404  board, authority, council, committee, or department of the
  405  executive branch of state government; a state attorney, public
  406  defender, criminal conflict and civil regional counsel, capital
  407  collateral regional counsel, and the Justice Administrative
  408  Commission; the Public Service Commission; and any part of the
  409  judicial branch of state government.
  410         Section 15. Paragraph (qq) of subsection (1) of section
  411  216.011, Florida Statutes, is amended to read:
  412         216.011 Definitions.—
  413         (1) For the purpose of fiscal affairs of the state,
  414  appropriations acts, legislative budgets, and approved budgets,
  415  each of the following terms has the meaning indicated:
  416         (qq) “State agency” or “agency” means any official,
  417  officer, commission, board, authority, council, committee, or
  418  department of the executive branch of state government. For
  419  purposes of this chapter and chapter 215, “state agency” or
  420  “agency” includes, but is not limited to, state attorneys,
  421  public defenders, criminal conflict and civil regional counsel,
  422  capital collateral regional counsel, the Justice Administrative
  423  Commission, the Florida Housing Finance Corporation, and the
  424  Florida Public Service Commission. Solely for the purposes of
  425  implementing s. 19(h), Art. III of the State Constitution, the
  426  terms “state agency” or “agency” include the judicial branch.
  427         Section 16. Subsection (3) of section 790.25, Florida
  428  Statutes, is amended to read:
  429         790.25 Lawful ownership, possession, and use of firearms
  430  and other weapons.—
  431         (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
  432  do not apply in the following instances, and, despite such
  433  sections, it is lawful for the following persons to own,
  434  possess, and lawfully use firearms and other weapons,
  435  ammunition, and supplies for lawful purposes:
  436         (a) Members of the Militia, National Guard, Florida State
  437  Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard,
  438  organized reserves, and other armed forces of the state and of
  439  the United States, when on duty, when training or preparing
  440  themselves for military duty, or while subject to recall or
  441  mobilization;
  442         (b) Citizens of this state subject to duty in the Armed
  443  Forces under s. 2, Art. X of the State Constitution, under
  444  chapters 250 and 251, and under federal laws, when on duty or
  445  when training or preparing themselves for military duty;
  446         (c) Persons carrying out or training for emergency
  447  management duties under chapter 252;
  448         (d) Sheriffs, marshals, prison or jail wardens, police
  449  officers, Florida highway patrol officers, game wardens, revenue
  450  officers, forest officials, special officers appointed under the
  451  provisions of chapter 354, and other peace and law enforcement
  452  officers and their deputies and assistants and full-time paid
  453  peace officers of other states and of the Federal Government who
  454  are carrying out official duties while in this state;
  455         (e) Officers or employees of the state or United States
  456  duly authorized to carry a concealed weapon;
  457         (f) Guards or messengers of common carriers, express
  458  companies, armored car carriers, mail carriers, banks, and other
  459  financial institutions, while actually employed in and about the
  460  shipment, transportation, or delivery of any money, treasure,
  461  bullion, bonds, or other thing of value within this state;
  462         (g) Regularly enrolled members of any organization duly
  463  authorized to purchase or receive weapons from the United States
  464  or from this state, or regularly enrolled members of clubs
  465  organized for target, skeet, or trap shooting, while at or going
  466  to or from shooting practice; or regularly enrolled members of
  467  clubs organized for modern or antique firearms collecting, while
  468  such members are at or going to or from their collectors’ gun
  469  shows, conventions, or exhibits;
  470         (h) A person engaged in fishing, camping, or lawful hunting
  471  or going to or returning from a fishing, camping, or lawful
  472  hunting expedition;
  473         (i) A person engaged in the business of manufacturing,
  474  repairing, or dealing in firearms, or the agent or
  475  representative of any such person while engaged in the lawful
  476  course of such business;
  477         (j) A person firing weapons for testing or target practice
  478  under safe conditions and in a safe place not prohibited by law
  479  or going to or from such place;
  480         (k) A person firing weapons in a safe and secure indoor
  481  range for testing and target practice;
  482         (l) A person traveling by private conveyance when the
  483  weapon is securely encased or in a public conveyance when the
  484  weapon is securely encased and not in the person’s manual
  485  possession;
  486         (m) A person while carrying a pistol unloaded and in a
  487  secure wrapper, concealed or otherwise, from the place of
  488  purchase to his or her home or place of business or to a place
  489  of repair or back to his or her home or place of business;
  490         (n) A person possessing arms at his or her home or place of
  491  business;
  492         (o) Investigators employed by the several public defenders
  493  of the state, while actually carrying out official duties,
  494  provided such investigators:
  495         1. Are employed full time;
  496         2. Meet the official training standards for firearms
  497  established by the Criminal Justice Standards and Training
  498  Commission as provided in s. 943.12(5) and the requirements of
  499  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  500         3. Are individually designated by an affidavit of consent
  501  signed by the employing public defender and filed with the clerk
  502  of the circuit court in the county in which the employing public
  503  defender resides; and.
  504         (p) Investigators employed by the capital collateral
  505  regional counsel, while actually carrying out official duties,
  506  provided such investigators:
  507         1. Are employed full time;
  508         2. Meet the official training standards for firearms as
  509  established by the Criminal Justice Standards and Training
  510  Commission as provided in s. 943.12(1) and the requirements of
  511  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  512         3. Are individually designated by an affidavit of consent
  513  signed by the capital collateral regional counsel and filed with
  514  the clerk of the circuit court in the county in which the
  515  investigator is headquartered.
  516         (p)(q)1. A tactical medical professional who is actively
  517  operating in direct support of a tactical operation by a law
  518  enforcement agency provided that:
  519         a. The tactical medical professional is lawfully able to
  520  possess firearms and has an active concealed weapons permit
  521  issued pursuant to s. 790.06.
  522         b. The tactical medical professional is appointed to a law
  523  enforcement tactical team of a law enforcement agency by the
  524  head of the law enforcement agency.
  525         c. The law enforcement agency has an established policy
  526  providing for the appointment, training, and deployment of the
  527  tactical medical professional.
  528         d. The tactical medical professional successfully completes
  529  a firearms safety training and tactical training as established
  530  or designated by the appointing law enforcement agency.
  531         e. The law enforcement agency provides and the tactical
  532  medical professional participates in annual firearm training and
  533  tactical training.
  534         2. While actively operating in direct support of a tactical
  535  operation by a law enforcement agency, a tactical medical
  536  professional:
  537         a. May carry a firearm in the same manner as a law
  538  enforcement officer, as defined in s. 943.10 and,
  539  notwithstanding any other law, at any place a tactical law
  540  enforcement operation occurs.
  541         b. Has no duty to retreat and is justified in the use of
  542  any force which he or she reasonably believes is necessary to
  543  defend himself or herself or another from bodily harm.
  544         c. Has the same immunities and privileges as a law
  545  enforcement officer, as defined in s. 943.10, in a civil or
  546  criminal action arising out of a tactical law enforcement
  547  operation when acting within the scope of his or her official
  548  duties.
  549         3. This paragraph may not be construed to authorize a
  550  tactical medical professional to carry, transport, or store any
  551  firearm or ammunition on any fire apparatus or EMS vehicle.
  552         4. The appointing law enforcement agency shall issue any
  553  firearm or ammunition that the tactical medical professional
  554  carries in accordance with this paragraph.
  555         5. For the purposes of this paragraph, the term “tactical
  556  medical professional” means a paramedic, as defined in s.
  557  401.23, a physician, as defined in s. 458.305, or an osteopathic
  558  physician, as defined in s. 459.003, who is appointed to provide
  559  direct support to a tactical law enforcement unit by providing
  560  medical services at high-risk incidents, including, but not
  561  limited to, hostage incidents, narcotics raids, hazardous
  562  surveillance, sniper incidents, armed suicidal persons,
  563  barricaded suspects, high-risk felony warrant service, fugitives
  564  refusing to surrender, and active shooter incidents.
  565         Section 17. Subsection (1) of section 775.15, Florida
  566  Statutes, is amended to read:
  567         775.15 Time limitations; general time limitations;
  568  exceptions.—
  569         (1) A prosecution for a capital felony, a life felony, or a
  570  felony that resulted in a death may be commenced at any time. If
  571  the death penalty is held to be unconstitutional by the Florida
  572  Supreme Court or the United States Supreme Court, all crimes
  573  designated as capital felonies shall be considered life felonies
  574  for the purposes of this section, and prosecution for such
  575  crimes may be commenced at any time.
  576         Section 18. Subsection (4) of section 790.161, Florida
  577  Statutes, is amended to read:
  578         790.161 Making, possessing, throwing, projecting, placing,
  579  or discharging any destructive device or attempt so to do,
  580  felony; penalties.—A person who willfully and unlawfully makes,
  581  possesses, throws, projects, places, discharges, or attempts to
  582  make, possess, throw, project, place, or discharge any
  583  destructive device:
  584         (4) If the act results in the death of another person,
  585  commits a capital felony, punishable as provided in s. 775.082.
  586  In the event the death penalty in a capital felony is held to be
  587  unconstitutional by the Florida Supreme Court or the United
  588  States Supreme Court, the court having jurisdiction over a
  589  person previously sentenced to death for a capital felony shall
  590  cause such person to be brought before the court, and the court
  591  shall sentence such person to life imprisonment if convicted of
  592  murder in the first degree or of a capital felony under this
  593  subsection, and such person shall be ineligible for parole. No
  594  sentence of death shall be reduced as a result of a
  595  determination that a method of execution is held to be
  596  unconstitutional under the State Constitution or the
  597  Constitution of the United States.
  598         Section 19. Sections 913.13, 921.137, 921.141, and 921.142,
  599  Florida Statutes, are repealed.
  600         Section 20. Subsection (9) of section 394.912, Florida
  601  Statutes, is amended to read:
  602         394.912 Definitions.—As used in this part, the term:
  603         (9) “Sexually violent offense” means:
  604         (a) Murder of a human being while engaged in sexual battery
  605  in violation of s. 782.04(1)(b) s. 782.04(1)(a)2.;
  606         (b) Kidnapping of a child under the age of 13 and, in the
  607  course of that offense, committing:
  608         1. Sexual battery; or
  609         2. A lewd, lascivious, or indecent assault or act upon or
  610  in the presence of the child;
  611         (c) Committing the offense of false imprisonment upon a
  612  child under the age of 13 and, in the course of that offense,
  613  committing:
  614         1. Sexual battery; or
  615         2. A lewd, lascivious, or indecent assault or act upon or
  616  in the presence of the child;
  617         (d) Sexual battery in violation of s. 794.011;
  618         (e) Lewd, lascivious, or indecent assault or act upon or in
  619  presence of the child in violation of s. 800.04 or s.
  620  847.0135(5);
  621         (f) An attempt, criminal solicitation, or conspiracy, in
  622  violation of s. 777.04, of a sexually violent offense;
  623         (g) Any conviction for a felony offense in effect at any
  624  time before October 1, 1998, which is comparable to a sexually
  625  violent offense under paragraphs (a)-(f) or any federal
  626  conviction or conviction in another state for a felony offense
  627  that in this state would be a sexually violent offense;
  628         (h) Any criminal act that, either at the time of sentencing
  629  for the offense or subsequently during civil commitment
  630  proceedings under this part, has been determined beyond a
  631  reasonable doubt to have been sexually motivated; or
  632         (i) A criminal offense in which the state attorney refers a
  633  person to the department for civil commitment proceedings
  634  pursuant to s. 394.9125.
  635         Section 21. Paragraph (c) of subsection (5) of section
  636  775.021, Florida Statutes, is amended to read:
  637         775.021 Rules of construction.—
  638         (5) Whoever commits an act that violates a provision of
  639  this code or commits a criminal offense defined by another
  640  statute and thereby causes the death of, or bodily injury to, an
  641  unborn child commits a separate offense if the provision or
  642  statute does not otherwise specifically provide a separate
  643  offense for such death or injury to an unborn child.
  644         (c)Notwithstanding any other provision of law, the death
  645  penalty may not be imposed for an offense under this subsection.
  646         Section 22. Subsection (2) of section 775.30, Florida
  647  Statutes, is amended to read:
  648         775.30 Terrorism; defined; penalties.—
  649         (2) A person who violates s. 782.04(1)(a) s. 782.04(1)(a)1.
  650  or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s.
  651  784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15,
  652  s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s.
  653  790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s.
  654  815.061, s. 859.01, or s. 876.34, in furtherance of intimidating
  655  or coercing the policy of a government, or in furtherance of
  656  affecting the conduct of a government by mass destruction,
  657  assassination, or kidnapping, commits the crime of terrorism, a
  658  felony of the first degree, punishable as provided in s.
  659  775.082, s. 775.083, or s. 775.084.
  660         Section 23. Subsection (1) of section 782.04, Florida
  661  Statutes, is amended to read:
  662         782.04 Murder.—
  663         (1)(a) The unlawful killing of a human being:
  664         (a)1. When perpetrated from a premeditated design to effect
  665  the death of the person killed or any human being;
  666         (b)2. When committed by a person engaged in the
  667  perpetration of, or in the attempt to perpetrate, any:
  668         1.a. Trafficking offense prohibited by s. 893.135(1),
  669         2.b. Arson,
  670         3.c. Sexual battery,
  671         4.d. Robbery,
  672         5.e. Burglary,
  673         6.f. Kidnapping,
  674         7.g. Escape,
  675         8.h. Aggravated child abuse,
  676         9.i. Aggravated abuse of an elderly person or disabled
  677  adult,
  678         10.j. Aircraft piracy,
  679         11.k. Unlawful throwing, placing, or discharging of a
  680  destructive device or bomb,
  681         12.l. Carjacking,
  682         13.m. Home-invasion robbery,
  683         14.n. Aggravated stalking,
  684         15.o. Murder of another human being,
  685         16.p. Resisting an officer with violence to his or her
  686  person,
  687         17.q. Aggravated fleeing or eluding with serious bodily
  688  injury or death,
  689         18.r. Felony that is an act of terrorism or is in
  690  furtherance of an act of terrorism, including a felony under s.
  691  775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or
  692         19.s. Human trafficking; or
  693         (c)3. Which resulted from the unlawful distribution by a
  694  person 18 years of age or older of any of the following
  695  substances, or mixture containing any of the following
  696  substances, when such substance or mixture is proven to be the
  697  proximate cause of the death of the user:
  698         1.a. A substance controlled under s. 893.03(1);
  699         2.b. Cocaine, as described in s. 893.03(2)(a)4.;
  700         3.c. Opium or any synthetic or natural salt, compound,
  701  derivative, or preparation of opium;
  702         4.d. Methadone;
  703         5.e. Alfentanil, as described in s. 893.03(2)(b)1.;
  704         6.f. Carfentanil, as described in s. 893.03(2)(b)6.;
  705         7.g. Fentanyl, as described in s. 893.03(2)(b)9.;
  706         8.h. Sufentanil, as described in s. 893.03(2)(b)30.; or
  707         9.i. A controlled substance analog, as described in s.
  708  893.0356, of any substance specified in subparagraphs 1.-8. sub
  709  subparagraphs a.-h.,
  710  
  711  is murder in the first degree and constitutes a capital felony,
  712  punishable as provided in s. 775.082.
  713         (b)In all cases under this section, the procedure set
  714  forth in s. 921.141 shall be followed in order to determine
  715  sentence of death or life imprisonment. If the prosecutor
  716  intends to seek the death penalty, the prosecutor must give
  717  notice to the defendant and file the notice with the court
  718  within 45 days after arraignment. The notice must contain a list
  719  of the aggravating factors the state intends to prove and has
  720  reason to believe it can prove beyond a reasonable doubt. The
  721  court may allow the prosecutor to amend the notice upon a
  722  showing of good cause.
  723         Section 24. Section 782.065, Florida Statutes, is amended
  724  to read:
  725         782.065 Murder; law enforcement officer, correctional
  726  officer, correctional probation officer.—Notwithstanding ss.
  727  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  728  shall be sentenced to life imprisonment without eligibility for
  729  release upon findings by the trier of fact that, beyond a
  730  reasonable doubt:
  731         (1) The defendant committed murder in the first degree in
  732  violation of s. 782.04(1) and a death sentence was not imposed;
  733  murder in the second or third degree in violation of s.
  734  782.04(2), (3), or (4); attempted murder in the first or second
  735  degree in violation of s. 782.04(1)(a) s. 782.04(1)(a)1. or (2);
  736  or attempted felony murder in violation of s. 782.051; and
  737         (2) The victim of any offense described in subsection (1)
  738  was a law enforcement officer, part-time law enforcement
  739  officer, auxiliary law enforcement officer, correctional
  740  officer, part-time correctional officer, auxiliary correctional
  741  officer, correctional probation officer, part-time correctional
  742  probation officer, or auxiliary correctional probation officer,
  743  as those terms are defined in s. 943.10, engaged in the lawful
  744  performance of a legal duty.
  745         Section 25. Paragraph (a) of subsection (2) of section
  746  794.011, Florida Statutes, is amended to read:
  747         794.011 Sexual battery.—
  748         (2)(a) A person 18 years of age or older who commits sexual
  749  battery upon, or in an attempt to commit sexual battery injures
  750  the sexual organs of, a person less than 12 years of age commits
  751  a capital felony, punishable as provided in s. 775.082 ss.
  752  775.082 and 921.141.
  753         Section 26. Paragraphs (b) through (l) and paragraph (n) of
  754  subsection (1) of section 893.135, Florida Statutes, are amended
  755  to read:
  756         893.135 Trafficking; mandatory sentences; suspension or
  757  reduction of sentences; conspiracy to engage in trafficking.—
  758         (1) Except as authorized in this chapter or in chapter 499
  759  and notwithstanding the provisions of s. 893.13:
  760         (b)1. Any person who knowingly sells, purchases,
  761  manufactures, delivers, or brings into this state, or who is
  762  knowingly in actual or constructive possession of, 28 grams or
  763  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  764  mixture containing cocaine, but less than 150 kilograms of
  765  cocaine or any such mixture, commits a felony of the first
  766  degree, which felony shall be known as “trafficking in cocaine,”
  767  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  768  If the quantity involved:
  769         a. Is 28 grams or more, but less than 200 grams, such
  770  person shall be sentenced to a mandatory minimum term of
  771  imprisonment of 3 years, and the defendant shall be ordered to
  772  pay a fine of $50,000.
  773         b. Is 200 grams or more, but less than 400 grams, such
  774  person shall be sentenced to a mandatory minimum term of
  775  imprisonment of 7 years, and the defendant shall be ordered to
  776  pay a fine of $100,000.
  777         c. Is 400 grams or more, but less than 150 kilograms, such
  778  person shall be sentenced to a mandatory minimum term of
  779  imprisonment of 15 calendar years and pay a fine of $250,000.
  780         2. Any person who knowingly sells, purchases, manufactures,
  781  delivers, or brings into this state, or who is knowingly in
  782  actual or constructive possession of, 150 kilograms or more of
  783  cocaine, as described in s. 893.03(2)(a)4., commits the first
  784  degree felony of trafficking in cocaine. A person who has been
  785  convicted of the first degree felony of trafficking in cocaine
  786  under this subparagraph shall be punished by life imprisonment
  787  and is ineligible for any form of discretionary early release
  788  except pardon or executive clemency or conditional medical
  789  release under s. 947.149. However, if the court determines that,
  790  in addition to committing any act specified in this paragraph:
  791         a. The person intentionally killed an individual or
  792  counseled, commanded, induced, procured, or caused the
  793  intentional killing of an individual and such killing was the
  794  result; or
  795         b. The person’s conduct in committing that act led to a
  796  natural, though not inevitable, lethal result,
  797  
  798  such person commits the capital felony of trafficking in
  799  cocaine, punishable as provided in s. 775.082 ss. 775.082 and
  800  921.142. Any person sentenced for a capital felony under this
  801  paragraph shall also be sentenced to pay the maximum fine
  802  provided under subparagraph 1.
  803         3. Any person who knowingly brings into this state 300
  804  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  805  and who knows that the probable result of such importation would
  806  be the death of any person, commits capital importation of
  807  cocaine, a capital felony punishable as provided in s. 775.082
  808  ss. 775.082 and 921.142. Any person sentenced for a capital
  809  felony under this paragraph shall also be sentenced to pay the
  810  maximum fine provided under subparagraph 1.
  811         (c)1. A person who knowingly sells, purchases,
  812  manufactures, delivers, or brings into this state, or who is
  813  knowingly in actual or constructive possession of, 4 grams or
  814  more of any morphine, opium, hydromorphone, or any salt,
  815  derivative, isomer, or salt of an isomer thereof, including
  816  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  817  (3)(c)4., or 4 grams or more of any mixture containing any such
  818  substance, but less than 30 kilograms of such substance or
  819  mixture, commits a felony of the first degree, which felony
  820  shall be known as “trafficking in illegal drugs,” punishable as
  821  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  822  quantity involved:
  823         a. Is 4 grams or more, but less than 14 grams, such person
  824  shall be sentenced to a mandatory minimum term of imprisonment
  825  of 3 years and shall be ordered to pay a fine of $50,000.
  826         b. Is 14 grams or more, but less than 28 grams, such person
  827  shall be sentenced to a mandatory minimum term of imprisonment
  828  of 15 years and shall be ordered to pay a fine of $100,000.
  829         c. Is 28 grams or more, but less than 30 kilograms, such
  830  person shall be sentenced to a mandatory minimum term of
  831  imprisonment of 25 years and shall be ordered to pay a fine of
  832  $500,000.
  833         2. A person who knowingly sells, purchases, manufactures,
  834  delivers, or brings into this state, or who is knowingly in
  835  actual or constructive possession of, 28 grams or more of
  836  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  837  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  838  grams or more of any mixture containing any such substance,
  839  commits a felony of the first degree, which felony shall be
  840  known as “trafficking in hydrocodone,” punishable as provided in
  841  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  842         a. Is 28 grams or more, but less than 50 grams, such person
  843  shall be sentenced to a mandatory minimum term of imprisonment
  844  of 3 years and shall be ordered to pay a fine of $50,000.
  845         b. Is 50 grams or more, but less than 100 grams, such
  846  person shall be sentenced to a mandatory minimum term of
  847  imprisonment of 7 years and shall be ordered to pay a fine of
  848  $100,000.
  849         c. Is 100 grams or more, but less than 300 grams, such
  850  person shall be sentenced to a mandatory minimum term of
  851  imprisonment of 15 years and shall be ordered to pay a fine of
  852  $500,000.
  853         d. Is 300 grams or more, but less than 30 kilograms, such
  854  person shall be sentenced to a mandatory minimum term of
  855  imprisonment of 25 years and shall be ordered to pay a fine of
  856  $750,000.
  857         3. A person who knowingly sells, purchases, manufactures,
  858  delivers, or brings into this state, or who is knowingly in
  859  actual or constructive possession of, 7 grams or more of
  860  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  861  thereof, or 7 grams or more of any mixture containing any such
  862  substance, commits a felony of the first degree, which felony
  863  shall be known as “trafficking in oxycodone,” punishable as
  864  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  865  quantity involved:
  866         a. Is 7 grams or more, but less than 14 grams, such person
  867  shall be sentenced to a mandatory minimum term of imprisonment
  868  of 3 years and shall be ordered to pay a fine of $50,000.
  869         b. Is 14 grams or more, but less than 25 grams, such person
  870  shall be sentenced to a mandatory minimum term of imprisonment
  871  of 7 years and shall be ordered to pay a fine of $100,000.
  872         c. Is 25 grams or more, but less than 100 grams, such
  873  person shall be sentenced to a mandatory minimum term of
  874  imprisonment of 15 years and shall be ordered to pay a fine of
  875  $500,000.
  876         d. Is 100 grams or more, but less than 30 kilograms, such
  877  person shall be sentenced to a mandatory minimum term of
  878  imprisonment of 25 years and shall be ordered to pay a fine of
  879  $750,000.
  880         4.a. A person who knowingly sells, purchases, manufactures,
  881  delivers, or brings into this state, or who is knowingly in
  882  actual or constructive possession of, 4 grams or more of:
  883         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  884         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  885         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  886         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  887         (V) A fentanyl derivative, as described in s.
  888  893.03(1)(a)62.;
  889         (VI) A controlled substance analog, as described in s.
  890  893.0356, of any substance described in sub-sub-subparagraphs
  891  (I)-(V); or
  892         (VII) A mixture containing any substance described in sub
  893  sub-subparagraphs (I)-(VI),
  894  
  895  commits a felony of the first degree, which felony shall be
  896  known as “trafficking in fentanyl,” punishable as provided in s.
  897  775.082, s. 775.083, or s. 775.084.
  898         b. If the quantity involved under sub-subparagraph a.:
  899         (I) Is 4 grams or more, but less than 14 grams, such person
  900  shall be sentenced to a mandatory minimum term of imprisonment
  901  of 3 years, and shall be ordered to pay a fine of $50,000.
  902         (II) Is 14 grams or more, but less than 28 grams, such
  903  person shall be sentenced to a mandatory minimum term of
  904  imprisonment of 15 years, and shall be ordered to pay a fine of
  905  $100,000.
  906         (III) Is 28 grams or more, such person shall be sentenced
  907  to a mandatory minimum term of imprisonment of 25 years, and
  908  shall be ordered to pay a fine of $500,000.
  909         5. A person who knowingly sells, purchases, manufactures,
  910  delivers, or brings into this state, or who is knowingly in
  911  actual or constructive possession of, 30 kilograms or more of
  912  any morphine, opium, oxycodone, hydrocodone, codeine,
  913  hydromorphone, or any salt, derivative, isomer, or salt of an
  914  isomer thereof, including heroin, as described in s.
  915  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  916  more of any mixture containing any such substance, commits the
  917  first degree felony of trafficking in illegal drugs. A person
  918  who has been convicted of the first degree felony of trafficking
  919  in illegal drugs under this subparagraph shall be punished by
  920  life imprisonment and is ineligible for any form of
  921  discretionary early release except pardon or executive clemency
  922  or conditional medical release under s. 947.149. However, if the
  923  court determines that, in addition to committing any act
  924  specified in this paragraph:
  925         a. The person intentionally killed an individual or
  926  counseled, commanded, induced, procured, or caused the
  927  intentional killing of an individual and such killing was the
  928  result; or
  929         b. The person’s conduct in committing that act led to a
  930  natural, though not inevitable, lethal result,
  931  
  932  such person commits the capital felony of trafficking in illegal
  933  drugs, punishable as provided in s. 775.082 ss. 775.082 and
  934  921.142. A person sentenced for a capital felony under this
  935  paragraph shall also be sentenced to pay the maximum fine
  936  provided under subparagraph 1.
  937         6. A person who knowingly brings into this state 60
  938  kilograms or more of any morphine, opium, oxycodone,
  939  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  940  isomer, or salt of an isomer thereof, including heroin, as
  941  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  942  60 kilograms or more of any mixture containing any such
  943  substance, and who knows that the probable result of such
  944  importation would be the death of a person, commits capital
  945  importation of illegal drugs, a capital felony punishable as
  946  provided in s. 775.082 ss. 775.082 and 921.142. A person
  947  sentenced for a capital felony under this paragraph shall also
  948  be sentenced to pay the maximum fine provided under subparagraph
  949  1.
  950         (d)1. Any person who knowingly sells, purchases,
  951  manufactures, delivers, or brings into this state, or who is
  952  knowingly in actual or constructive possession of, 28 grams or
  953  more of phencyclidine, as described in s. 893.03(2)(b)23., a
  954  substituted phenylcyclohexylamine, as described in s.
  955  893.03(1)(c)195., or a substance described in s.
  956  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  957  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  958  substituted phenylcyclohexylamine, as described in s.
  959  893.03(1)(c)195., or a substance described in s.
  960  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
  961  the first degree, which felony shall be known as “trafficking in
  962  phencyclidine,” punishable as provided in s. 775.082, s.
  963  775.083, or s. 775.084. If the quantity involved:
  964         a. Is 28 grams or more, but less than 200 grams, such
  965  person shall be sentenced to a mandatory minimum term of
  966  imprisonment of 3 years, and the defendant shall be ordered to
  967  pay a fine of $50,000.
  968         b. Is 200 grams or more, but less than 400 grams, such
  969  person shall be sentenced to a mandatory minimum term of
  970  imprisonment of 7 years, and the defendant shall be ordered to
  971  pay a fine of $100,000.
  972         c. Is 400 grams or more, such person shall be sentenced to
  973  a mandatory minimum term of imprisonment of 15 calendar years
  974  and pay a fine of $250,000.
  975         2. Any person who knowingly brings into this state 800
  976  grams or more of phencyclidine, as described in s.
  977  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
  978  described in s. 893.03(1)(c)195., or a substance described in s.
  979  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  980  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  981  substituted phenylcyclohexylamine, as described in s.
  982  893.03(1)(c)195., or a substance described in s.
  983  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
  984  probable result of such importation would be the death of any
  985  person commits capital importation of phencyclidine, a capital
  986  felony punishable as provided in s. 775.082 ss. 775.082 and
  987  921.142. Any person sentenced for a capital felony under this
  988  paragraph shall also be sentenced to pay the maximum fine
  989  provided under subparagraph 1.
  990         (e)1. Any person who knowingly sells, purchases,
  991  manufactures, delivers, or brings into this state, or who is
  992  knowingly in actual or constructive possession of, 200 grams or
  993  more of methaqualone or of any mixture containing methaqualone,
  994  as described in s. 893.03(1)(d), commits a felony of the first
  995  degree, which felony shall be known as “trafficking in
  996  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  997  or s. 775.084. If the quantity involved:
  998         a. Is 200 grams or more, but less than 5 kilograms, such
  999  person shall be sentenced to a mandatory minimum term of
 1000  imprisonment of 3 years, and the defendant shall be ordered to
 1001  pay a fine of $50,000.
 1002         b. Is 5 kilograms or more, but less than 25 kilograms, such
 1003  person shall be sentenced to a mandatory minimum term of
 1004  imprisonment of 7 years, and the defendant shall be ordered to
 1005  pay a fine of $100,000.
 1006         c. Is 25 kilograms or more, such person shall be sentenced
 1007  to a mandatory minimum term of imprisonment of 15 calendar years
 1008  and pay a fine of $250,000.
 1009         2. Any person who knowingly brings into this state 50
 1010  kilograms or more of methaqualone or of any mixture containing
 1011  methaqualone, as described in s. 893.03(1)(d), and who knows
 1012  that the probable result of such importation would be the death
 1013  of any person commits capital importation of methaqualone, a
 1014  capital felony punishable as provided in s. 775.082 ss. 775.082
 1015  and 921.142. Any person sentenced for a capital felony under
 1016  this paragraph shall also be sentenced to pay the maximum fine
 1017  provided under subparagraph 1.
 1018         (f)1. Any person who knowingly sells, purchases,
 1019  manufactures, delivers, or brings into this state, or who is
 1020  knowingly in actual or constructive possession of, 14 grams or
 1021  more of amphetamine, as described in s. 893.03(2)(c)2., or
 1022  methamphetamine, as described in s. 893.03(2)(c)5., or of any
 1023  mixture containing amphetamine or methamphetamine, or
 1024  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 1025  in conjunction with other chemicals and equipment utilized in
 1026  the manufacture of amphetamine or methamphetamine, commits a
 1027  felony of the first degree, which felony shall be known as
 1028  “trafficking in amphetamine,” punishable as provided in s.
 1029  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1030         a. Is 14 grams or more, but less than 28 grams, such person
 1031  shall be sentenced to a mandatory minimum term of imprisonment
 1032  of 3 years, and the defendant shall be ordered to pay a fine of
 1033  $50,000.
 1034         b. Is 28 grams or more, but less than 200 grams, such
 1035  person shall be sentenced to a mandatory minimum term of
 1036  imprisonment of 7 years, and the defendant shall be ordered to
 1037  pay a fine of $100,000.
 1038         c. Is 200 grams or more, such person shall be sentenced to
 1039  a mandatory minimum term of imprisonment of 15 calendar years
 1040  and pay a fine of $250,000.
 1041         2. Any person who knowingly manufactures or brings into
 1042  this state 400 grams or more of amphetamine, as described in s.
 1043  893.03(2)(c)2., or methamphetamine, as described in s.
 1044  893.03(2)(c)5., or of any mixture containing amphetamine or
 1045  methamphetamine, or phenylacetone, phenylacetic acid,
 1046  pseudoephedrine, or ephedrine in conjunction with other
 1047  chemicals and equipment used in the manufacture of amphetamine
 1048  or methamphetamine, and who knows that the probable result of
 1049  such manufacture or importation would be the death of any person
 1050  commits capital manufacture or importation of amphetamine, a
 1051  capital felony punishable as provided in s. 775.082 ss. 775.082
 1052  and 921.142. Any person sentenced for a capital felony under
 1053  this paragraph shall also be sentenced to pay the maximum fine
 1054  provided under subparagraph 1.
 1055         (g)1. Any person who knowingly sells, purchases,
 1056  manufactures, delivers, or brings into this state, or who is
 1057  knowingly in actual or constructive possession of, 4 grams or
 1058  more of flunitrazepam or any mixture containing flunitrazepam as
 1059  described in s. 893.03(1)(a) commits a felony of the first
 1060  degree, which felony shall be known as “trafficking in
 1061  flunitrazepam,” punishable as provided in s. 775.082, s.
 1062  775.083, or s. 775.084. If the quantity involved:
 1063         a. Is 4 grams or more but less than 14 grams, such person
 1064  shall be sentenced to a mandatory minimum term of imprisonment
 1065  of 3 years, and the defendant shall be ordered to pay a fine of
 1066  $50,000.
 1067         b. Is 14 grams or more but less than 28 grams, such person
 1068  shall be sentenced to a mandatory minimum term of imprisonment
 1069  of 7 years, and the defendant shall be ordered to pay a fine of
 1070  $100,000.
 1071         c. Is 28 grams or more but less than 30 kilograms, such
 1072  person shall be sentenced to a mandatory minimum term of
 1073  imprisonment of 25 calendar years and pay a fine of $500,000.
 1074         2. Any person who knowingly sells, purchases, manufactures,
 1075  delivers, or brings into this state or who is knowingly in
 1076  actual or constructive possession of 30 kilograms or more of
 1077  flunitrazepam or any mixture containing flunitrazepam as
 1078  described in s. 893.03(1)(a) commits the first degree felony of
 1079  trafficking in flunitrazepam. A person who has been convicted of
 1080  the first degree felony of trafficking in flunitrazepam under
 1081  this subparagraph shall be punished by life imprisonment and is
 1082  ineligible for any form of discretionary early release except
 1083  pardon or executive clemency or conditional medical release
 1084  under s. 947.149. However, if the court determines that, in
 1085  addition to committing any act specified in this paragraph:
 1086         a. The person intentionally killed an individual or
 1087  counseled, commanded, induced, procured, or caused the
 1088  intentional killing of an individual and such killing was the
 1089  result; or
 1090         b. The person’s conduct in committing that act led to a
 1091  natural, though not inevitable, lethal result,
 1092  
 1093  such person commits the capital felony of trafficking in
 1094  flunitrazepam, punishable as provided in s. 775.082 ss. 775.082
 1095  and 921.142. Any person sentenced for a capital felony under
 1096  this paragraph shall also be sentenced to pay the maximum fine
 1097  provided under subparagraph 1.
 1098         (h)1. Any person who knowingly sells, purchases,
 1099  manufactures, delivers, or brings into this state, or who is
 1100  knowingly in actual or constructive possession of, 1 kilogram or
 1101  more of gamma-hydroxybutyric acid (GHB), as described in s.
 1102  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 1103  acid (GHB), commits a felony of the first degree, which felony
 1104  shall be known as “trafficking in gamma-hydroxybutyric acid
 1105  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 1106  775.084. If the quantity involved:
 1107         a. Is 1 kilogram or more but less than 5 kilograms, such
 1108  person shall be sentenced to a mandatory minimum term of
 1109  imprisonment of 3 years, and the defendant shall be ordered to
 1110  pay a fine of $50,000.
 1111         b. Is 5 kilograms or more but less than 10 kilograms, such
 1112  person shall be sentenced to a mandatory minimum term of
 1113  imprisonment of 7 years, and the defendant shall be ordered to
 1114  pay a fine of $100,000.
 1115         c. Is 10 kilograms or more, such person shall be sentenced
 1116  to a mandatory minimum term of imprisonment of 15 calendar years
 1117  and pay a fine of $250,000.
 1118         2. Any person who knowingly manufactures or brings into
 1119  this state 150 kilograms or more of gamma-hydroxybutyric acid
 1120  (GHB), as described in s. 893.03(1)(d), or any mixture
 1121  containing gamma-hydroxybutyric acid (GHB), and who knows that
 1122  the probable result of such manufacture or importation would be
 1123  the death of any person commits capital manufacture or
 1124  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 1125  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
 1126  Any person sentenced for a capital felony under this paragraph
 1127  shall also be sentenced to pay the maximum fine provided under
 1128  subparagraph 1.
 1129         (i)1. Any person who knowingly sells, purchases,
 1130  manufactures, delivers, or brings into this state, or who is
 1131  knowingly in actual or constructive possession of, 1 kilogram or
 1132  more of gamma-butyrolactone (GBL), as described in s.
 1133  893.03(1)(d), or any mixture containing gamma-butyrolactone
 1134  (GBL), commits a felony of the first degree, which felony shall
 1135  be known as “trafficking in gamma-butyrolactone (GBL),”
 1136  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1137  If the quantity involved:
 1138         a. Is 1 kilogram or more but less than 5 kilograms, such
 1139  person shall be sentenced to a mandatory minimum term of
 1140  imprisonment of 3 years, and the defendant shall be ordered to
 1141  pay a fine of $50,000.
 1142         b. Is 5 kilograms or more but less than 10 kilograms, such
 1143  person shall be sentenced to a mandatory minimum term of
 1144  imprisonment of 7 years, and the defendant shall be ordered to
 1145  pay a fine of $100,000.
 1146         c. Is 10 kilograms or more, such person shall be sentenced
 1147  to a mandatory minimum term of imprisonment of 15 calendar years
 1148  and pay a fine of $250,000.
 1149         2. Any person who knowingly manufactures or brings into the
 1150  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 1151  described in s. 893.03(1)(d), or any mixture containing gamma
 1152  butyrolactone (GBL), and who knows that the probable result of
 1153  such manufacture or importation would be the death of any person
 1154  commits capital manufacture or importation of gamma
 1155  butyrolactone (GBL), a capital felony punishable as provided in
 1156  s. 775.082 ss. 775.082 and 921.142. Any person sentenced for a
 1157  capital felony under this paragraph shall also be sentenced to
 1158  pay the maximum fine provided under subparagraph 1.
 1159         (j)1. Any person who knowingly sells, purchases,
 1160  manufactures, delivers, or brings into this state, or who is
 1161  knowingly in actual or constructive possession of, 1 kilogram or
 1162  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 1163  any mixture containing 1,4-Butanediol, commits a felony of the
 1164  first degree, which felony shall be known as “trafficking in
 1165  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 1166  775.083, or s. 775.084. If the quantity involved:
 1167         a. Is 1 kilogram or more, but less than 5 kilograms, such
 1168  person shall be sentenced to a mandatory minimum term of
 1169  imprisonment of 3 years, and the defendant shall be ordered to
 1170  pay a fine of $50,000.
 1171         b. Is 5 kilograms or more, but less than 10 kilograms, such
 1172  person shall be sentenced to a mandatory minimum term of
 1173  imprisonment of 7 years, and the defendant shall be ordered to
 1174  pay a fine of $100,000.
 1175         c. Is 10 kilograms or more, such person shall be sentenced
 1176  to a mandatory minimum term of imprisonment of 15 calendar years
 1177  and pay a fine of $500,000.
 1178         2. Any person who knowingly manufactures or brings into
 1179  this state 150 kilograms or more of 1,4-Butanediol as described
 1180  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 1181  and who knows that the probable result of such manufacture or
 1182  importation would be the death of any person commits capital
 1183  manufacture or importation of 1,4-Butanediol, a capital felony
 1184  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
 1185  Any person sentenced for a capital felony under this paragraph
 1186  shall also be sentenced to pay the maximum fine provided under
 1187  subparagraph 1.
 1188         (k)1. A person who knowingly sells, purchases,
 1189  manufactures, delivers, or brings into this state, or who is
 1190  knowingly in actual or constructive possession of, 10 grams or
 1191  more of a:
 1192         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
 1193  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
 1194  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
 1195  165., or 187.-189., a substituted cathinone, as described in s.
 1196  893.03(1)(c)191., or substituted phenethylamine, as described in
 1197  s. 893.03(1)(c)192.;
 1198         b. Mixture containing any substance described in sub
 1199  subparagraph a.; or
 1200         c. Salt, isomer, ester, or ether or salt of an isomer,
 1201  ester, or ether of a substance described in sub-subparagraph a.,
 1202  
 1203  commits a felony of the first degree, which felony shall be
 1204  known as “trafficking in phenethylamines,” punishable as
 1205  provided in s. 775.082, s. 775.083, or s. 775.084.
 1206         2. If the quantity involved under subparagraph 1.:
 1207         a. Is 10 grams or more, but less than 200 grams, such
 1208  person shall be sentenced to a mandatory minimum term of
 1209  imprisonment of 3 years and shall be ordered to pay a fine of
 1210  $50,000.
 1211         b. Is 200 grams or more, but less than 400 grams, such
 1212  person shall be sentenced to a mandatory minimum term of
 1213  imprisonment of 7 years and shall be ordered to pay a fine of
 1214  $100,000.
 1215         c. Is 400 grams or more, such person shall be sentenced to
 1216  a mandatory minimum term of imprisonment of 15 years and shall
 1217  be ordered to pay a fine of $250,000.
 1218         3. A person who knowingly manufactures or brings into this
 1219  state 30 kilograms or more of a substance described in sub
 1220  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 1221  or a salt, isomer, ester, or ether or a salt of an isomer,
 1222  ester, or ether described in sub-subparagraph 1.c., and who
 1223  knows that the probable result of such manufacture or
 1224  importation would be the death of any person commits capital
 1225  manufacture or importation of phenethylamines, a capital felony
 1226  punishable as provided in s. 775.082 ss. 775.082 and 921.142. A
 1227  person sentenced for a capital felony under this paragraph shall
 1228  also be sentenced to pay the maximum fine under subparagraph 2.
 1229         (l)1. Any person who knowingly sells, purchases,
 1230  manufactures, delivers, or brings into this state, or who is
 1231  knowingly in actual or constructive possession of, 1 gram or
 1232  more of lysergic acid diethylamide (LSD) as described in s.
 1233  893.03(1)(c), or of any mixture containing lysergic acid
 1234  diethylamide (LSD), commits a felony of the first degree, which
 1235  felony shall be known as “trafficking in lysergic acid
 1236  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1237  775.083, or s. 775.084. If the quantity involved:
 1238         a. Is 1 gram or more, but less than 5 grams, such person
 1239  shall be sentenced to a mandatory minimum term of imprisonment
 1240  of 3 years, and the defendant shall be ordered to pay a fine of
 1241  $50,000.
 1242         b. Is 5 grams or more, but less than 7 grams, such person
 1243  shall be sentenced to a mandatory minimum term of imprisonment
 1244  of 7 years, and the defendant shall be ordered to pay a fine of
 1245  $100,000.
 1246         c. Is 7 grams or more, such person shall be sentenced to a
 1247  mandatory minimum term of imprisonment of 15 calendar years and
 1248  pay a fine of $500,000.
 1249         2. Any person who knowingly manufactures or brings into
 1250  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1251  as described in s. 893.03(1)(c), or any mixture containing
 1252  lysergic acid diethylamide (LSD), and who knows that the
 1253  probable result of such manufacture or importation would be the
 1254  death of any person commits capital manufacture or importation
 1255  of lysergic acid diethylamide (LSD), a capital felony punishable
 1256  as provided in s. 775.082 ss. 775.082 and 921.142. Any person
 1257  sentenced for a capital felony under this paragraph shall also
 1258  be sentenced to pay the maximum fine provided under subparagraph
 1259  1.
 1260         (n)1. A person who knowingly sells, purchases,
 1261  manufactures, delivers, or brings into this state, or who is
 1262  knowingly in actual or constructive possession of, 14 grams or
 1263  more of:
 1264         a. A substance described in s. 893.03(1)(c)164., 174., or
 1265  175., a n-benzyl phenethylamine compound, as described in s.
 1266  893.03(1)(c)193.; or
 1267         b. A mixture containing any substance described in sub
 1268  subparagraph a.,
 1269  
 1270  commits a felony of the first degree, which felony shall be
 1271  known as “trafficking in n-benzyl phenethylamines,” punishable
 1272  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1273         2. If the quantity involved under subparagraph 1.:
 1274         a. Is 14 grams or more, but less than 100 grams, such
 1275  person shall be sentenced to a mandatory minimum term of
 1276  imprisonment of 3 years, and the defendant shall be ordered to
 1277  pay a fine of $50,000.
 1278         b. Is 100 grams or more, but less than 200 grams, such
 1279  person shall be sentenced to a mandatory minimum term of
 1280  imprisonment of 7 years, and the defendant shall be ordered to
 1281  pay a fine of $100,000.
 1282         c. Is 200 grams or more, such person shall be sentenced to
 1283  a mandatory minimum term of imprisonment of 15 years, and the
 1284  defendant shall be ordered to pay a fine of $500,000.
 1285         3. A person who knowingly manufactures or brings into this
 1286  state 400 grams or more of a substance described in sub
 1287  subparagraph 1.a. or a mixture described in sub-subparagraph
 1288  1.b., and who knows that the probable result of such manufacture
 1289  or importation would be the death of any person commits capital
 1290  manufacture or importation of a n-benzyl phenethylamine
 1291  compound, a capital felony punishable as provided in s. 775.082
 1292  ss. 775.082 and 921.142. A person sentenced for a capital felony
 1293  under this paragraph shall also be sentenced to pay the maximum
 1294  fine under subparagraph 2.
 1295         Section 27. Paragraph (e) of subsection (4) of section
 1296  944.275, Florida Statutes, is amended to read:
 1297         944.275 Gain-time.—
 1298         (4)
 1299         (e) Notwithstanding subparagraph (b)3., for sentences
 1300  imposed for offenses committed on or after October 1, 2014, the
 1301  department may not grant incentive gain-time if the offense is a
 1302  violation of s. 782.04(1)(b)3. s. 782.04(1)(a)2.c.; s.
 1303  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
 1304  excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
 1305  847.0135(5).
 1306         Section 28. Subsection (4) and paragraph (a) of subsection
 1307  (5) of section 948.012, Florida Statutes, are amended to read:
 1308         948.012 Split sentence of probation or community control
 1309  and imprisonment.—
 1310         (4) Effective for offenses committed on or after September
 1311  1, 2005, the court must impose a split sentence pursuant to
 1312  subsection (1) for any person who is convicted of a life felony
 1313  for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
 1314  if the court imposes a term of years in accordance with s.
 1315  775.082(2)(a)4.a.(II) s. 775.082(3)(a)4.a.(II) rather than life
 1316  imprisonment. The probation or community control portion of the
 1317  split sentence imposed by the court for a defendant must extend
 1318  for the duration of the defendant’s natural life and include a
 1319  condition that he or she be electronically monitored.
 1320         (5)(a) Effective for offenses committed on or after October
 1321  1, 2014, if the court imposes a term of years in accordance with
 1322  s. 775.082 which is less than the maximum sentence for the
 1323  offense, the court must impose a split sentence pursuant to
 1324  subsection (1) for any person who is convicted of a violation
 1325  of:
 1326         1. Section 782.04(1)(b)3. 782.04(1)(a)2.c.;
 1327         2. Section 787.01(3)(a)2. or 3.;
 1328         3. Section 787.02(3)(a)2. or 3.;
 1329         4. Section 794.011, excluding s. 794.011(10);
 1330         5. Section 800.04;
 1331         6. Section 825.1025; or
 1332         7. Section 847.0135(5).
 1333         Section 29. Sections 922.052, 922.06, 922.07, 922.08,
 1334  922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
 1335  922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes,
 1336  are repealed.
 1337         Section 30. Subsection (4) of section 925.11, Florida
 1338  Statutes, is amended to read:
 1339         925.11 Postsentencing DNA testing.—
 1340         (4) PRESERVATION OF EVIDENCE.—
 1341         (a) Governmental entities that may be in possession of any
 1342  physical evidence in the case, including, but not limited to,
 1343  any investigating law enforcement agency, the clerk of the
 1344  court, the prosecuting authority, or the Department of Law
 1345  Enforcement shall maintain any physical evidence collected at
 1346  the time of the crime for which a postsentencing testing of DNA
 1347  may be requested.
 1348         (b)In a case in which the death penalty is imposed, the
 1349  evidence shall be maintained for 60 days after execution of the
 1350  sentence. In all other cases, a governmental entity may dispose
 1351  of the physical evidence if the term of the sentence imposed in
 1352  the case has expired and no other provision of law or rule
 1353  requires that the physical evidence be preserved or retained.
 1354         Section 31. Paragraph (g) of subsection (1) and subsection
 1355  (2) of section 945.10, Florida Statutes, are amended to read:
 1356         945.10 Confidential information.—
 1357         (1) Except as otherwise provided by law or in this section,
 1358  the following records and information held by the Department of
 1359  Corrections are confidential and exempt from the provisions of
 1360  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1361         (g)Information which identifies an executioner, or any
 1362  person prescribing, preparing, compounding, dispensing, or
 1363  administering a lethal injection.
 1364         (2) The records and information specified in paragraphs
 1365  (1)(a)-(h) (1)(a)-(i) may be released as follows unless
 1366  expressly prohibited by federal law:
 1367         (a) Information specified in paragraphs (1)(b), (d), and
 1368  (f) to the Executive Office of the Governor, the Legislature,
 1369  the Florida Commission on Offender Review, the Department of
 1370  Children and Families, a private correctional facility or
 1371  program that operates under a contract, the Department of Legal
 1372  Affairs, a state attorney, the court, or a law enforcement
 1373  agency. A request for records or information pursuant to this
 1374  paragraph need not be in writing.
 1375         (b) Information specified in paragraphs (1)(c), (e), and
 1376  (h) (i) to the Executive Office of the Governor, the
 1377  Legislature, the Florida Commission on Offender Review, the
 1378  Department of Children and Families, a private correctional
 1379  facility or program that operates under contract, the Department
 1380  of Legal Affairs, a state attorney, the court, or a law
 1381  enforcement agency. A request for records or information
 1382  pursuant to this paragraph must be in writing and a statement
 1383  provided demonstrating a need for the records or information.
 1384         (c) Information specified in paragraph (1)(b) to an
 1385  attorney representing an inmate under sentence of death, except
 1386  those portions of the records containing a victim’s statement or
 1387  address, or the statement or address of a relative of the
 1388  victim. A request for records of information pursuant to this
 1389  paragraph must be in writing and a statement provided
 1390  demonstrating a need for the records or information.
 1391         (d) Information specified in paragraph (1)(b) to a public
 1392  defender representing a defendant, except those portions of the
 1393  records containing a victim’s statement or address, or the
 1394  statement or address of a relative of the victim. A request for
 1395  records or information pursuant to this paragraph need not be in
 1396  writing.
 1397         (e) Information specified in paragraph (1)(b) to state or
 1398  local governmental agencies. A request for records or
 1399  information pursuant to this paragraph must be in writing and a
 1400  statement provided demonstrating a need for the records or
 1401  information.
 1402         (f) Information specified in paragraph (1)(b) to a person
 1403  conducting legitimate research. A request for records and
 1404  information pursuant to this paragraph must be in writing, the
 1405  person requesting the records or information must sign a
 1406  confidentiality agreement, and the department must approve the
 1407  request in writing.
 1408         (g) Protected health information and records specified in
 1409  paragraphs (1)(a) and (g) (h) to the Department of Health and
 1410  the county health department where an inmate plans to reside if
 1411  he or she has tested positive for the presence of the antibody
 1412  or antigen to human immunodeficiency virus infection or as
 1413  authorized in s. 381.004.
 1414         (h) Protected health information and mental health,
 1415  medical, or substance abuse records specified in paragraph
 1416  (1)(a) to the Executive Office of the Governor, the Correctional
 1417  Medical Authority, and the Department of Health for health care
 1418  oversight activities authorized by state or federal law,
 1419  including audits; civil, administrative, or criminal
 1420  investigations; or inspections relating to the provision of
 1421  health services, in accordance with 45 C.F.R. part 164, subpart
 1422  E.
 1423         (i) Protected health information and mental health,
 1424  medical, or substance abuse records specified in paragraph
 1425  (1)(a) to a state attorney, a state court, or a law enforcement
 1426  agency conducting an ongoing criminal investigation, if the
 1427  inmate agrees to the disclosure and provides written consent or,
 1428  if the inmate refuses to provide written consent, in response to
 1429  an order of a court of competent jurisdiction, a subpoena,
 1430  including a grand jury, investigative, or administrative
 1431  subpoena, a court-ordered warrant, or a statutorily authorized
 1432  investigative demand or other process as authorized by law, in
 1433  accordance with 45 C.F.R. part 164, subpart E, provided that:
 1434         1. The protected health information and records sought are
 1435  relevant and material to a legitimate law enforcement inquiry;
 1436         2. There is a clear connection between the investigated
 1437  incident and the inmate whose protected health information and
 1438  records are sought;
 1439         3. The request is specific and limited in scope to the
 1440  extent reasonably practicable in light of the purpose for which
 1441  the information or records are sought; and
 1442         4. Deidentified information could not reasonably be used.
 1443         (j) Protected health information and mental health,
 1444  medical, or substance abuse records specified in paragraph
 1445  (1)(a) of an inmate who is or is suspected of being the victim
 1446  of a crime, to a state attorney or a law enforcement agency if
 1447  the inmate agrees to the disclosure and provides written consent
 1448  or if the inmate is unable to agree because of incapacity or
 1449  other emergency circumstance, in accordance with 45 C.F.R. part
 1450  164, subpart E, provided that:
 1451         1. Such protected health information and records are needed
 1452  to determine whether a violation of law by a person other than
 1453  the inmate victim has occurred;
 1454         2. Such protected health information or records are not
 1455  intended to be used against the inmate victim;
 1456         3. The immediate law enforcement activity that depends upon
 1457  the disclosure would be materially and adversely affected by
 1458  waiting until the inmate victim is able to agree to the
 1459  disclosure; and
 1460         4. The disclosure is in the best interests of the inmate
 1461  victim, as determined by the department.
 1462         (k) Protected health information and mental health,
 1463  medical, or substance abuse records specified in paragraph
 1464  (1)(a) to a state attorney or a law enforcement agency if the
 1465  department believes in good faith that the information and
 1466  records constitute evidence of criminal conduct that occurred in
 1467  a correctional institution or facility, in accordance with 45
 1468  C.F.R. part 164, subpart E, provided that:
 1469         1. The protected health information and records disclosed
 1470  are specific and limited in scope to the extent reasonably
 1471  practicable in light of the purpose for which the information or
 1472  records are sought;
 1473         2. There is a clear connection between the criminal conduct
 1474  and the inmate whose protected health information and records
 1475  are sought; and
 1476         3. Deidentified information could not reasonably be used.
 1477         (l) Protected health information and mental health,
 1478  medical, or substance abuse records specified in paragraph
 1479  (1)(a) to the Division of Risk Management of the Department of
 1480  Financial Services, in accordance with 45 C.F.R. part 164,
 1481  subpart E, upon certification by the Division of Risk Management
 1482  that such information and records are necessary to investigate
 1483  and provide legal representation for a claim against the
 1484  Department of Corrections.
 1485         (m) Protected health information and mental health,
 1486  medical, or substance abuse records specified in paragraph
 1487  (1)(a) of an inmate who is bringing a legal action against the
 1488  department, to the Department of Legal Affairs or to an attorney
 1489  retained to represent the department in a legal proceeding, in
 1490  accordance with 45 C.F.R. part 164, subpart E.
 1491         (n) Protected health information and mental health,
 1492  medical, or substance abuse records of an inmate as specified in
 1493  paragraph (1)(a) to another correctional institution or facility
 1494  or law enforcement official having lawful custody of the inmate,
 1495  in accordance with 45 C.F.R. part 164, subpart E, if the
 1496  protected health information or records are necessary for:
 1497         1. The provision of health care to the inmate;
 1498         2. The health and safety of the inmate or other inmates;
 1499         3. The health and safety of the officers, employees, or
 1500  others at the correctional institution or facility;
 1501         4. The health and safety of the individuals or officers
 1502  responsible for transporting the inmate from one correctional
 1503  institution, facility, or setting to another;
 1504         5. Law enforcement on the premises of the correctional
 1505  institution or facility; or
 1506         6. The administration and maintenance of the safety,
 1507  security, and good order of the correctional institution or
 1508  facility.
 1509         (o) Protected health information and mental health,
 1510  medical, or substance abuse records of an inmate as specified in
 1511  paragraph (1)(a) to the Department of Children and Families and
 1512  the Florida Commission on Offender Review, in accordance with 45
 1513  C.F.R. part 164, subpart E, if the inmate received mental health
 1514  treatment while in the custody of the Department of Corrections
 1515  and becomes eligible for release under supervision or upon the
 1516  end of his or her sentence.
 1517         (p) Notwithstanding s. 456.057 and in accordance with 45
 1518  C.F.R. part 164, subpart E, protected health information and
 1519  mental health, medical, or substance abuse records specified in
 1520  paragraph (1)(a) of a deceased inmate or offender to an
 1521  individual with authority to act on behalf of the deceased
 1522  inmate or offender, upon the individual’s request. For purposes
 1523  of this section, the following individuals have authority to act
 1524  on behalf of a deceased inmate or offender only for the purpose
 1525  of requesting access to such protected health information and
 1526  records:
 1527         1. A person appointed by a court to act as the personal
 1528  representative, executor, administrator, curator, or temporary
 1529  administrator of the deceased inmate’s or offender’s estate;
 1530         2. If a court has not made a judicial appointment under
 1531  subparagraph 1., a person designated by the inmate or offender
 1532  to act as his or her personal representative in a last will that
 1533  is self-proved under s. 732.503; or
 1534         3. If a court has not made a judicial appointment under
 1535  subparagraph 1. or if the inmate or offender has not designated
 1536  a person in a self-proved last will as provided in subparagraph
 1537  2., only the following individuals:
 1538         a. A surviving spouse.
 1539         b. If there is no surviving spouse, a surviving adult child
 1540  of the inmate or offender.
 1541         c. If there is no surviving spouse or adult child, a parent
 1542  of the inmate or offender.
 1543         (q) All requests for access to a deceased inmate’s or
 1544  offender’s protected health information or mental health,
 1545  medical, or substance abuse records specified in paragraph
 1546  (1)(a) must be in writing and must be accompanied by the
 1547  following:
 1548         1. If made by a person authorized under subparagraph (p)1.,
 1549  a copy of the letter of administration and a copy of the court
 1550  order appointing such person as the representative of the
 1551  inmate’s or offender’s estate.
 1552         2. If made by a person authorized under subparagraph (p)2.,
 1553  a copy of the self-proved last will designating the person as
 1554  the inmate’s or offender’s representative.
 1555         3. If made by a person authorized under subparagraph (p)3.,
 1556  a letter from the person’s attorney verifying the person’s
 1557  relationship to the inmate or offender and the absence of a
 1558  court-appointed representative and self-proved last will.
 1559  
 1560  Records and information released under this subsection remain
 1561  confidential and exempt from the provisions of s. 119.07(1) and
 1562  s. 24(a), Art. I of the State Constitution when held by the
 1563  receiving person or entity.
 1564         Section 32. Subsection (2) of section 316.3026, Florida
 1565  Statutes, is amended to read:
 1566         316.3026 Unlawful operation of motor carriers.—
 1567         (2) Any motor carrier enjoined or prohibited from operating
 1568  by an out-of-service order by this state, any other state, or
 1569  the Federal Motor Carrier Safety Administration may not operate
 1570  on the roadways of this state until the motor carrier has been
 1571  authorized to resume operations by the originating enforcement
 1572  jurisdiction. Commercial motor vehicles owned or operated by any
 1573  motor carrier prohibited from operation found on the roadways of
 1574  this state shall be placed out of service by law enforcement
 1575  officers of the Department of Highway Safety and Motor Vehicles,
 1576  and the motor carrier assessed a $10,000 civil penalty pursuant
 1577  to 49 C.F.R. s. 383.53, in addition to any other penalties
 1578  imposed on the driver or other responsible person. Any person
 1579  who knowingly drives, operates, or causes to be operated any
 1580  commercial motor vehicle in violation of an out-of-service order
 1581  issued by the department in accordance with this section commits
 1582  a felony of the third degree, punishable as provided in s.
 1583  775.082(2)(e) s. 775.082(3)(e). Any costs associated with the
 1584  impoundment or storage of such vehicles are the responsibility
 1585  of the motor carrier. Vehicle out-of-service orders may be
 1586  rescinded when the department receives proof of authorization
 1587  for the motor carrier to resume operation.
 1588         Section 33. Subsection (3) of section 373.409, Florida
 1589  Statutes, is amended to read:
 1590         373.409 Headgates, valves, and measuring devices.—
 1591         (3) No person shall alter or tamper with a measuring device
 1592  so as to cause it to register other than the actual amount of
 1593  water diverted, discharged, or taken. Violation of this
 1594  subsection shall be a misdemeanor of the second degree,
 1595  punishable under s. 775.082(3)(b) s. 775.082(4)(b).
 1596         Section 34. Subsections (3), (4), and (5) of section
 1597  373.430, Florida Statutes, are amended to read:
 1598         373.430 Prohibitions, violation, penalty, intent.—
 1599         (3) A person who willfully commits a violation specified in
 1600  paragraph (1)(a) commits a felony of the third degree,
 1601  punishable as provided in ss. 775.082(2)(e) 775.082(3)(e) and
 1602  775.083(1)(g), by a fine of not more than $50,000 or by
 1603  imprisonment for 5 years, or by both, for each offense. Each day
 1604  during any portion of which such violation occurs constitutes a
 1605  separate offense.
 1606         (4) A person who commits a violation specified in paragraph
 1607  (1)(a) or paragraph (1)(b) due to reckless indifference or gross
 1608  careless disregard commits a misdemeanor of the second degree,
 1609  punishable as provided in ss. 775.082(3)(b) 775.082(4)(b) and
 1610  775.083(1)(g), by a fine of not more than $10,000 or 60 days in
 1611  jail, or by both, for each offense.
 1612         (5) A person who willfully commits a violation specified in
 1613  paragraph (1)(b) or who commits a violation specified in
 1614  paragraph (1)(c) commits a misdemeanor of the first degree,
 1615  punishable as provided in ss. 775.082(3)(a) 775.082(4)(a) and
 1616  775.083(1)(g), by a fine of not more than $10,000 or by 6 months
 1617  in jail, or by both, for each offense.
 1618         Section 35. Subsections (3) and (4) of section 376.302,
 1619  Florida Statutes, are amended to read:
 1620         376.302 Prohibited acts; penalties.—
 1621         (3) Any person who willfully commits a violation specified
 1622  in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a
 1623  misdemeanor of the first degree punishable as provided in ss.
 1624  775.082(3)(a) 775.082(4)(a) and 775.083(1)(g), by a fine of not
 1625  less than $2,500 or more than $25,000, or punishable by 1 year
 1626  in jail, or by both for each offense. Each day during any
 1627  portion of which such violation occurs constitutes a separate
 1628  offense.
 1629         (4) Any person who commits a violation specified in
 1630  paragraph (1)(c) shall be guilty of a misdemeanor of the first
 1631  degree punishable as provided in ss. 775.082(3)(a) 775.082(4)(a)
 1632  and 775.083(1)(g), by a fine of not more than $10,000, or by 6
 1633  months in jail, or by both for each offense.
 1634         Section 36. Subsections (3), (4), and (5) of section
 1635  403.161, Florida Statutes, are amended to read:
 1636         403.161 Prohibitions, violation, penalty, intent.—
 1637         (3) A person who willfully commits a violation specified in
 1638  paragraph (1)(a) commits a felony of the third degree,
 1639  punishable as provided in ss. 775.082(2)(e) 775.082(3)(e) and
 1640  775.083(1)(g) by a fine of not more than $50,000 or by
 1641  imprisonment for 5 years, or by both, for each offense. Each day
 1642  during any portion of which such violation occurs constitutes a
 1643  separate offense.
 1644         (4) A person who commits a violation specified in paragraph
 1645  (1)(a) or paragraph (1)(b) due to reckless indifference or gross
 1646  careless disregard commits a misdemeanor of the second degree,
 1647  punishable as provided in ss. 775.082(3)(b) 775.082(4)(b) and
 1648  775.083(1)(g) by a fine of not more than $10,000 or by 60 days
 1649  in jail, or by both, for each offense.
 1650         (5) A person who willfully commits a violation specified in
 1651  paragraph (1)(b) or who commits a violation specified in
 1652  paragraph (1)(c) commits a misdemeanor of the first degree
 1653  punishable as provided in ss. 775.082(3)(a) 775.082(4)(a) and
 1654  775.083(1)(g) by a fine of not more than $10,000 or by 6 months
 1655  in jail, or by both for each offense.
 1656         Section 37. Subsection (2) of section 448.09, Florida
 1657  Statutes, is amended to read:
 1658         448.09 Unauthorized aliens; employment prohibited.—
 1659         (2) The first violation of subsection (1) shall be a
 1660  noncriminal violation as defined in s. 775.08(3) and, upon
 1661  conviction, shall be punishable as provided in s. 775.082(4) s.
 1662  775.082(5) by a civil fine of not more than $500, regardless of
 1663  the number of aliens with respect to whom the violation
 1664  occurred.
 1665         Section 38. Section 504.013, Florida Statutes, is amended
 1666  to read:
 1667         504.013 Penalties.—Any person, firm, or corporation engaged
 1668  in the business of the retail vending of fresh fruits, fresh
 1669  vegetables, bee pollen, or honey who willfully and knowingly
 1670  removes any labels or identifying marks from fruits, vegetables,
 1671  bee pollen, or honey so labeled is guilty of a noncriminal
 1672  violation as defined in s. 775.08(3) and upon conviction shall
 1673  be punished as provided in s. 775.082(4) s. 775.082(5) by a
 1674  civil fine of not more than $500.
 1675         Section 39. Paragraph (c) of subsection (3) of section
 1676  648.571, Florida Statutes, is amended to read:
 1677         648.571 Failure to return collateral; penalty.—
 1678         (3)
 1679         (c) Allowable expenses incurred in apprehending a defendant
 1680  because of a bond forfeiture or judgment under s. 903.29 may be
 1681  deducted if such expenses are accounted for. The failure to
 1682  return collateral under these terms is punishable as follows:
 1683         1. If the collateral is of a value less than $100, as
 1684  provided in s. 775.082(3)(a) s. 775.082(4)(a).
 1685         2. If the collateral is of a value of $100 or more, as
 1686  provided in s. 775.082(2)(e) s. 775.082(3)(e).
 1687         3. If the collateral is of a value of $1,500 or more, as
 1688  provided in s. 775.082(2)(d) s. 775.082(3)(d).
 1689         4. If the collateral is of a value of $10,000 or more, as
 1690  provided in s. 775.082(2)(b) s. 775.082(3)(b).
 1691         Section 40. Paragraph (a) of subsection (2) of section
 1692  775.261, Florida Statutes, is amended to read:
 1693         775.261 The Florida Career Offender Registration Act.—
 1694         (2) DEFINITIONS.—As used in this section, the term:
 1695         (a) “Career offender” means any person who is designated as
 1696  a habitual violent felony offender, a violent career criminal,
 1697  or a three-time violent felony offender under s. 775.084 or as a
 1698  prison releasee reoffender under s. 775.082(8) s. 775.082(9).
 1699         Section 41. Paragraph (g) of subsection (3) of section
 1700  787.06, Florida Statutes, is amended to read:
 1701         787.06 Human trafficking.—
 1702         (3) Any person who knowingly, or in reckless disregard of
 1703  the facts, engages in human trafficking, or attempts to engage
 1704  in human trafficking, or benefits financially by receiving
 1705  anything of value from participation in a venture that has
 1706  subjected a person to human trafficking:
 1707         (g) For commercial sexual activity in which any child
 1708  younger than 18 years of age or an adult believed by the person
 1709  to be a child younger than 18 years of age, or in which any
 1710  person who is mentally defective or mentally incapacitated as
 1711  those terms are defined in s. 794.011(1), is involved commits a
 1712  life felony, punishable as provided in s. 775.082(2)(a)6. s.
 1713  775.082(3)(a)6., s. 775.083, or s. 775.084.
 1714  
 1715  For each instance of human trafficking of any individual under
 1716  this subsection, a separate crime is committed and a separate
 1717  punishment is authorized.
 1718         Section 42. Subsection (6) of section 794.0115, Florida
 1719  Statutes, is amended to read:
 1720         794.0115 Dangerous sexual felony offender; mandatory
 1721  sentencing.—
 1722         (6) Notwithstanding s. 775.082(2) s. 775.082(3), chapter
 1723  958, any other law, or any interpretation or construction
 1724  thereof, a person subject to sentencing under this section must
 1725  be sentenced to the mandatory term of imprisonment provided
 1726  under this section. If the mandatory minimum term of
 1727  imprisonment imposed under this section exceeds the maximum
 1728  sentence authorized under s. 775.082, s. 775.084, or chapter
 1729  921, the mandatory minimum term of imprisonment under this
 1730  section must be imposed. If the mandatory minimum term of
 1731  imprisonment under this section is less than the sentence that
 1732  could be imposed under s. 775.082, s. 775.084, or chapter 921,
 1733  the sentence imposed must include the mandatory minimum term of
 1734  imprisonment under this section.
 1735         Section 43. Paragraph (b) of subsection (5) of section
 1736  800.04, Florida Statutes, is amended to read:
 1737         800.04 Lewd or lascivious offenses committed upon or in the
 1738  presence of persons less than 16 years of age.—
 1739         (5) LEWD OR LASCIVIOUS MOLESTATION.—
 1740         (b) An offender 18 years of age or older who commits lewd
 1741  or lascivious molestation against a victim less than 12 years of
 1742  age commits a life felony, punishable as provided in s.
 1743  775.082(2)(a)4. s. 775.082(3)(a)4.
 1744         Section 44. Paragraph (c) of subsection (4) of section
 1745  907.041, Florida Statutes, is amended to read:
 1746         907.041 Pretrial detention and release.—
 1747         (4) PRETRIAL DETENTION.—
 1748         (c) The court may order pretrial detention if it finds a
 1749  substantial probability, based on a defendant’s past and present
 1750  patterns of behavior, the criteria in s. 903.046, and any other
 1751  relevant facts, that any of the following circumstances exist:
 1752         1. The defendant has previously violated conditions of
 1753  release and that no further conditions of release are reasonably
 1754  likely to assure the defendant’s appearance at subsequent
 1755  proceedings;
 1756         2. The defendant, with the intent to obstruct the judicial
 1757  process, has threatened, intimidated, or injured any victim,
 1758  potential witness, juror, or judicial officer, or has attempted
 1759  or conspired to do so, and that no condition of release will
 1760  reasonably prevent the obstruction of the judicial process;
 1761         3. The defendant is charged with trafficking in controlled
 1762  substances as defined by s. 893.135, that there is a substantial
 1763  probability that the defendant has committed the offense, and
 1764  that no conditions of release will reasonably assure the
 1765  defendant’s appearance at subsequent criminal proceedings;
 1766         4. The defendant is charged with DUI manslaughter, as
 1767  defined by s. 316.193, and that there is a substantial
 1768  probability that the defendant committed the crime and that the
 1769  defendant poses a threat of harm to the community; conditions
 1770  that would support a finding by the court pursuant to this
 1771  subparagraph that the defendant poses a threat of harm to the
 1772  community include, but are not limited to, any of the following:
 1773         a. The defendant has previously been convicted of any crime
 1774  under s. 316.193, or of any crime in any other state or
 1775  territory of the United States that is substantially similar to
 1776  any crime under s. 316.193;
 1777         b. The defendant was driving with a suspended driver
 1778  license when the charged crime was committed; or
 1779         c. The defendant has previously been found guilty of, or
 1780  has had adjudication of guilt withheld for, driving while the
 1781  defendant’s driver license was suspended or revoked in violation
 1782  of s. 322.34;
 1783         5. The defendant poses the threat of harm to the community.
 1784  The court may so conclude, if it finds that the defendant is
 1785  presently charged with a dangerous crime, that there is a
 1786  substantial probability that the defendant committed such crime,
 1787  that the factual circumstances of the crime indicate a disregard
 1788  for the safety of the community, and that there are no
 1789  conditions of release reasonably sufficient to protect the
 1790  community from the risk of physical harm to persons;
 1791         6. The defendant was on probation, parole, or other release
 1792  pending completion of sentence or on pretrial release for a
 1793  dangerous crime at the time the current offense was committed;
 1794         7. The defendant has violated one or more conditions of
 1795  pretrial release or bond for the offense currently before the
 1796  court and the violation, in the discretion of the court,
 1797  supports a finding that no conditions of release can reasonably
 1798  protect the community from risk of physical harm to persons or
 1799  assure the presence of the accused at trial; or
 1800         8.a. The defendant has ever been sentenced pursuant to s.
 1801  775.082(8) s. 775.082(9) or s. 775.084 as a prison releasee
 1802  reoffender, habitual violent felony offender, three-time violent
 1803  felony offender, or violent career criminal, or the state
 1804  attorney files a notice seeking that the defendant be sentenced
 1805  pursuant to s. 775.082(8) s. 775.082(9) or s. 775.084, as a
 1806  prison releasee reoffender, habitual violent felony offender,
 1807  three-time violent felony offender, or violent career criminal;
 1808         b. There is a substantial probability that the defendant
 1809  committed the offense; and
 1810         c. There are no conditions of release that can reasonably
 1811  protect the community from risk of physical harm or ensure the
 1812  presence of the accused at trial.
 1813         Section 45. Subsection (1) of section 921.1401, Florida
 1814  Statutes, is amended to read:
 1815         921.1401 Sentence of life imprisonment for persons who are
 1816  under the age of 18 years at the time of the offense; sentencing
 1817  proceedings.—
 1818         (1) Upon conviction or adjudication of guilt of an offense
 1819  described in s. 775.082(1)(b), s. 775.082(2)(a)5. s.
 1820  775.082(3)(a)5., s. 775.082(2)(b)2. s. 775.082(3)(b)2., or s.
 1821  775.082(2)(c) s. 775.082(3)(c) which was committed on or after
 1822  July 1, 2014, the court may conduct a separate sentencing
 1823  hearing to determine if a term of imprisonment for life or a
 1824  term of years equal to life imprisonment is an appropriate
 1825  sentence.
 1826         Section 46. Paragraphs (b), (c), and (d) of subsection (2)
 1827  of section 921.1402, Florida Statutes, are amended to read:
 1828         921.1402 Review of sentences for persons convicted of
 1829  specified offenses committed while under the age of 18 years.—
 1830         (2)
 1831         (b) A juvenile offender sentenced to a term of more than 25
 1832  years under s. 775.082(2)(a)5.a. s. 775.082(3)(a)5.a. or s.
 1833  775.082(2)(b)2.a. s. 775.082(3)(b)2.a. is entitled to a review
 1834  of his or her sentence after 25 years.
 1835         (c) A juvenile offender sentenced to a term of more than 15
 1836  years under s. 775.082(1)(b)2., s. 775.082(2)(a)5.b. s.
 1837  775.082(3)(a)5.b., or s. 775.082(2)(b)2.b. s. 775.082(3)(b)2.b.
 1838  is entitled to a review of his or her sentence after 15 years.
 1839         (d) A juvenile offender sentenced to a term of 20 years or
 1840  more under s. 775.082(2)(c) s. 775.082(3)(c) is entitled to a
 1841  review of his or her sentence after 20 years. If the juvenile
 1842  offender is not resentenced at the initial review hearing, he or
 1843  she is eligible for one subsequent review hearing 10 years after
 1844  the initial review hearing.
 1845         Section 47. Paragraph (c) of subsection (3) of section
 1846  944.17, Florida Statutes, is amended to read:
 1847         944.17 Commitments and classification; transfers.—
 1848         (3)
 1849         (c)1. When the highest ranking offense for which the
 1850  prisoner is convicted is a felony, the trial court shall
 1851  sentence the prisoner pursuant to the Criminal Punishment Code
 1852  in chapter 921.
 1853         2. When the highest ranking offense for which the prisoner
 1854  is convicted is a misdemeanor, the trial court shall sentence
 1855  the prisoner pursuant to s. 775.082(3) s. 775.082(4).
 1856         Section 48. Subsection (1) of section 944.608, Florida
 1857  Statutes, is amended to read:
 1858         944.608 Notification to Department of Law Enforcement of
 1859  information on career offenders.—
 1860         (1) As used in this section, the term “career offender”
 1861  means a person who is in the custody or control of, or under the
 1862  supervision of, the department or is in the custody or control
 1863  of, or under the supervision of, a private correctional
 1864  facility, and who is designated as a habitual violent felony
 1865  offender, a violent career criminal, or a three-time violent
 1866  felony offender under s. 775.084 or as a prison releasee
 1867  reoffender under s. 775.082(8) s. 775.082(9).
 1868         Section 49. Subsection (1) of section 944.609, Florida
 1869  Statutes, is amended to read:
 1870         944.609 Career offenders; notification upon release.—
 1871         (1) As used in this section, the term “career offender”
 1872  means a person who is in the custody or control of, or under the
 1873  supervision of, the department or is in the custody or control
 1874  of, or under the supervision of a private correctional facility,
 1875  who is designated as a habitual violent felony offender, a
 1876  violent career criminal, or a three-time violent felony offender
 1877  under s. 775.084 or as a prison releasee reoffender under s.
 1878  775.082(8) s. 775.082(9).
 1879         Section 50. Subsection (7) of section 944.705, Florida
 1880  Statutes, is amended to read:
 1881         944.705 Release orientation program.—
 1882         (7)(a) The department shall notify every inmate in the
 1883  inmate’s release documents:
 1884         1. Of all outstanding terms of the inmate’s sentence at the
 1885  time of release to assist the inmate in determining his or her
 1886  status with regard to the completion of all terms of sentence,
 1887  as that term is defined in s. 98.0751. This subparagraph does
 1888  not apply to inmates who are being released from the custody of
 1889  the department to any type of supervision monitored by the
 1890  department; and
 1891         2. In not less than 18-point type, that the inmate may be
 1892  sentenced pursuant to s. 775.082(8) s. 775.082(9) if the inmate
 1893  commits any felony offense described in s. 775.082(8) s.
 1894  775.082(9) within 3 years after the inmate’s release. This
 1895  notice must be prefaced by the word “WARNING” in boldfaced type.
 1896         (b) This section does not preclude the sentencing of a
 1897  person pursuant to s. 775.082(8) s. 775.082(9), and evidence
 1898  that the department failed to provide this notice does not
 1899  prohibit a person from being sentenced pursuant to s. 775.082(8)
 1900  s. 775.082(9). The state is not required to demonstrate that a
 1901  person received any notice from the department in order for the
 1902  court to impose a sentence pursuant to s. 775.082(8) s.
 1903  775.082(9).
 1904         Section 51. This act shall take effect upon becoming a law.

feedback