Bill Text: FL S0504 | 2022 | Regular Session | Introduced


Bill Title: Criminal Convictions

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-11-03 - Referred to Judiciary; Criminal Justice; Appropriations [S0504 Detail]

Download: Florida-2022-S0504-Introduced.html
       Florida Senate - 2022                                     SB 504
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00001A-22                                            2022504__
    1                        A bill to be entitled                      
    2         An act relating to criminal convictions; amending s.
    3         921.002, F.S.; revising the principles embodied by the
    4         Criminal Punishment Code as it relates to punishment
    5         and rehabilitation; conforming provisions to changes
    6         made by the act; amending s. 944.02, F.S.; defining
    7         the term “gain-time”; amending s. 944.275, F.S.;
    8         authorizing the Department of Corrections to grant
    9         deductions from sentences in the form of good behavior
   10         time, rehabilitation credits, and outstanding deed
   11         awards, rather than solely for gain-time, for
   12         specified purposes; revising the “tentative release
   13         date” the department must calculate for each prisoner
   14         based on his or her good behavior time, rehabilitation
   15         credits, and outstanding deed awards; requiring the
   16         department to grant good behavior time, rather than
   17         basic gain-time, as a means of encouraging
   18         satisfactory behavior and developing character traits
   19         necessary for successful reentry to the community,
   20         subject to certain conditions; authorizing the
   21         department to grant rehabilitation credits, rather
   22         than incentive gain-time, for each month during which
   23         a prisoner engages in specified activities; revising
   24         the rates of eligibility to earn rehabilitation
   25         credits; increasing the authorized amount of
   26         outstanding deed awards which a prisoner may be
   27         granted per outstanding deed performed; authorizing
   28         the department to grant a specified number of
   29         additional days of rehabilitation credit for
   30         successful completion of specified programs; defining
   31         the term “life skills program”; providing for
   32         retroactivity of specified rehabilitation credits;
   33         authorizing the department to grant up to a certain
   34         amount of additional days per month to prisoners
   35         serving sentences for certain violations; providing
   36         for retroactivity of specified good behavior time;
   37         prohibiting certain prisoners from being eligible to
   38         earn or receive good behavior time or outstanding deed
   39         awards in an amount that would cause a sentence to
   40         expire, end, or terminate, or that would result in a
   41         prisoner’s release, before he or she serves a
   42         specified minimum percentage of the sentence imposed;
   43         prohibiting certain prisoners from earning or
   44         receiving rehabilitation credits in an amount that
   45         would cause a sentence to expire, end, or terminate,
   46         or that would result in a prisoner’s release, before
   47         he or she serves a specified minimum percentage of the
   48         sentence imposed; providing that gain-time may be
   49         forfeited according to law after due process if a
   50         prisoner is found guilty of an infraction of certain
   51         laws or rules; requiring the department to adopt rules
   52         in accordance with the changes made by the act;
   53         conforming provisions to changes made by the act;
   54         making technical changes; amending s. 784.078, F.S.;
   55         conforming a cross-reference; amending ss. 316.027,
   56         775.0845, 775.0847, 775.0861, 775.0862, 775.087,
   57         775.0875, 777.03, 777.04, 794.011, 794.023, 817.568,
   58         831.032, 843.22, 874.04, 944.281, 944.473, and 944.70,
   59         F.S.; conforming provisions to changes made by the
   60         act; reenacting ss. 775.084(4)(k), 900.05(2)(v) and
   61         (3)(e), 944.605(1), 944.607(6), 947.005(15), and
   62         985.4815(6)(a), F.S., relating to gain-time granted by
   63         the department, the definition of “gain-time credit
   64         earned” and gain-time data that the department must
   65         collect, a required notification of expiration of
   66         sentence, a requirement that a digitized photograph of
   67         sexual offenders be taken within a certain time before
   68         release, the definition of “tentative release date,”
   69         and a requirement that a digitized photograph of
   70         juvenile sexual offenders be taken within a certain
   71         time before release, respectively, to incorporate the
   72         amendment made to s. 944.275, F.S., in references
   73         thereto; providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Subsection (1) of section 921.002, Florida
   78  Statutes, is amended to read:
   79         921.002 The Criminal Punishment Code.—The Criminal
   80  Punishment Code shall apply to all felony offenses, except
   81  capital felonies, committed on or after October 1, 1998.
   82         (1) The provision of criminal penalties and of limitations
   83  upon the application of such penalties is a matter of
   84  predominantly substantive law and, as such, is a matter properly
   85  addressed by the Legislature. The Legislature, in the exercise
   86  of its authority and responsibility to establish sentencing
   87  criteria, to provide for the imposition of criminal penalties,
   88  and to make the best use of state prisons so that violent
   89  criminal offenders are appropriately punished and rehabilitated
   90  incarcerated, has determined that it is in the best interest of
   91  the state to develop, implement, and revise a sentencing policy.
   92  The Criminal Punishment Code embodies the principles that:
   93         (a) Sentencing is neutral with respect to race, gender, and
   94  social and economic status.
   95         (b) The dual purposes primary purpose of sentencing in the
   96  criminal justice system are is to punish the offender and
   97  rehabilitate the offender so that he or she can successfully
   98  transition back into the community. Rehabilitation is a desired
   99  goal of the criminal justice system but is subordinate to the
  100  goal of punishment.
  101         (c) The penalty imposed is commensurate with the severity
  102  of the primary offense and the circumstances surrounding the
  103  primary offense.
  104         (d) The severity of the sentence increases with the length
  105  and nature of the offender’s prior record.
  106         (e) The sentence imposed by the sentencing judge reflects
  107  the length of actual time to be served, shortened only by the
  108  application of good behavior time, rehabilitation credits, and
  109  outstanding deed awards, incentive and meritorious gain-time as
  110  provided by law, and may not be shortened if the defendant would
  111  consequently serve less than 85 percent of his or her term of
  112  imprisonment upon the application of good behavior time and
  113  outstanding deed awards or 75 percent of his or her term of
  114  imprisonment upon the application of rehabilitation credits, as
  115  provided in s. 944.275(4). The provisions of chapter 947,
  116  relating to parole, do shall not apply to persons sentenced
  117  under the Criminal Punishment Code.
  118         (f) Departures below the lowest permissible sentence
  119  established by the code must be articulated in writing by the
  120  trial court judge and made only when circumstances or factors
  121  reasonably justify the mitigation of the sentence. The level of
  122  proof necessary to establish facts that support a departure from
  123  the lowest permissible sentence is a preponderance of the
  124  evidence.
  125         (g) The trial court judge may impose a sentence up to and
  126  including the statutory maximum for any offense, including an
  127  offense that is before the court due to a violation of probation
  128  or community control.
  129         (h) A sentence may be appealed on the basis that it departs
  130  from the Criminal Punishment Code only if the sentence is below
  131  the lowest permissible sentence or as enumerated in s.
  132  924.06(1).
  133         (i) Use of incarcerative sanctions is prioritized toward
  134  offenders convicted of serious offenses and certain offenders
  135  who have long prior records, in order to maximize the finite
  136  capacities of state and local correctional facilities.
  137         Section 2. Present subsections (5) through (8) of section
  138  944.02, Florida Statutes, are redesignated as subsections (6)
  139  through (9), respectively, and a new subsection (5) is added to
  140  that section, to read:
  141         944.02 Definitions.—The following words and phrases used in
  142  this chapter shall, unless the context clearly indicates
  143  otherwise, have the following meanings:
  144         (5) “Gain-time” means good behavior time, rehabilitation
  145  credits, and outstanding deed awards, collectively.
  146         Section 3. Section 944.275, Florida Statutes, is amended to
  147  read:
  148         944.275 Good behavior time; rehabilitation credits;
  149  outstanding deed awards gain-time.—
  150         (1) The department is authorized to grant deductions from
  151  sentences in the form of good behavior time, rehabilitation
  152  credits, and outstanding deed awards gain-time in order to
  153  encourage satisfactory prisoner behavior, to provide incentive
  154  for prisoners to participate in productive activities, and to
  155  reward prisoners who perform outstanding deeds or services.
  156         (2)(a) The department shall establish for each prisoner
  157  sentenced to a term of years a “maximum sentence expiration
  158  date,” which shall be the date when the sentence or combined
  159  sentences imposed on a prisoner will expire. In establishing
  160  this date, the department shall reduce the total time to be
  161  served by any time lawfully credited.
  162         (b) When a prisoner with an established maximum sentence
  163  expiration date is sentenced to an additional term or terms
  164  without having been released from custody, the department shall
  165  extend the maximum sentence expiration date by the length of
  166  time imposed in the new sentence or sentences, less lawful
  167  credits.
  168         (c) When an escaped prisoner or a parole violator is
  169  returned to the custody of the department, the maximum sentence
  170  expiration date in effect when the escape occurred or the parole
  171  was effective shall be extended by the amount of time the
  172  prisoner was not in custody plus the time imposed in any new
  173  sentence or sentences, but reduced by any lawful credits.
  174         (3)(a) The department shall also establish for each
  175  prisoner sentenced to a term of years a “tentative release date”
  176  which shall be the date projected for the prisoner’s release
  177  from custody by virtue of good behavior time, rehabilitation
  178  credits, or outstanding deed awards gain-time granted or
  179  forfeited as described in this section. The initial tentative
  180  release date shall be determined by deducting good behavior time
  181  basic gain-time granted from the maximum sentence expiration
  182  date. Rehabilitation credits and outstanding deed awards Other
  183  gain-time shall be applied when granted or restored to make the
  184  tentative release date proportionately earlier; and forfeitures
  185  of gain-time, when ordered, shall be applied to make the
  186  tentative release date proportionately later.
  187         (b) When an initial tentative release date is reestablished
  188  because of additional sentences imposed before the prisoner has
  189  completely served all prior sentences, any good behavior time,
  190  rehabilitation credits, and outstanding deed awards gain-time
  191  granted during service of a prior sentence and not forfeited
  192  shall be applied.
  193         (c) The tentative release date may not be later than the
  194  maximum sentence expiration date.
  195         (4)(a) As a means of encouraging satisfactory behavior and
  196  developing character traits necessary for successful reentry to
  197  the community, the department shall grant good behavior time
  198  basic gain-time at the rate of 10 days for each month of each
  199  sentence imposed on a prisoner, subject to the following:
  200         1. Portions of any sentences to be served concurrently
  201  shall be treated as a single sentence when determining good
  202  behavior time basic gain-time.
  203         2. Good behavior time Basic gain-time for a partial month
  204  shall be prorated on the basis of a 30-day month.
  205         3. When a prisoner receives a new maximum sentence
  206  expiration date because of additional sentences imposed, good
  207  behavior time basic gain-time shall be granted for the amount of
  208  time the maximum sentence expiration date was extended.
  209         (b) For each month in which a prisoner an inmate works
  210  diligently, participates in training or education, uses time
  211  constructively, or otherwise engages in positive activities, the
  212  department may grant rehabilitation credits incentive gain-time
  213  in accordance with this paragraph. The rate of rehabilitation
  214  credits incentive gain-time in effect on the date the prisoner
  215  inmate committed the offense that which resulted in his or her
  216  incarceration shall be the prisoner’s inmate’s rate of
  217  eligibility to earn rehabilitation credits incentive gain-time
  218  throughout the period of incarceration and may shall not be
  219  altered by a subsequent change in the severity level of the
  220  offense for which the prisoner inmate was sentenced.
  221         1. For sentences imposed for offenses committed before
  222  prior to January 1, 1994, and on or after October 1, 1995, up to
  223  20 days of rehabilitation credits incentive gain-time may be
  224  granted. If granted, such rehabilitation credits gain-time shall
  225  be credited and applied monthly.
  226         2. For sentences imposed for offenses committed on or after
  227  January 1, 1994, and before October 1, 1995:
  228         a. For offenses ranked in offense severity levels 1 through
  229  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
  230  of rehabilitation credits incentive gain-time may be granted. If
  231  granted, such rehabilitation credits gain-time shall be credited
  232  and applied monthly.
  233         b. For offenses ranked in offense severity levels 8, 9, and
  234  10, under former s. 921.0012 or former s. 921.0013, up to 20
  235  days of rehabilitation credits incentive gain-time may be
  236  granted. If granted, such rehabilitation credits gain-time shall
  237  be credited and applied monthly.
  238         3. For sentences imposed for offenses committed on or after
  239  October 1, 1995, the department may grant up to 10 days per
  240  month of incentive gain-time.
  241         (c) A prisoner An inmate who performs some outstanding
  242  deed, such as saving a life or assisting in recapturing an
  243  escaped prisoner inmate, or who in some manner performs an
  244  outstanding service that would merit the granting of additional
  245  deductions from the term of his or her sentence may be granted
  246  an outstanding deed award meritorious gain-time of from 30 1 to
  247  60 days per outstanding deed performed.
  248         (d) Notwithstanding the monthly maximum awards of
  249  rehabilitation credits under subparagraphs (b)1. and 2.
  250  incentive gain-time under subparagraphs (b)1., 2., and 3., the
  251  education program manager shall recommend, and the department of
  252  Corrections may grant, to a prisoner who is otherwise eligible,
  253  a one-time award of 60 additional days of rehabilitation credits
  254  for each of the following successfully completed by a prisoner:
  255  incentive gain-time to an inmate who is otherwise eligible and
  256  who successfully completes requirements for and is, or has been
  257  during the current commitment, awarded a high school equivalency
  258  diploma, a college degree, a or vocational certificate, a drug
  259  treatment program, a life skills program, a reentry program, or
  260  any other evidence-based program approved by the department
  261  which serves the purpose of reducing recidivism and assisting a
  262  prisoner to reintegrate into society. For purposes of this
  263  paragraph, a “life skills program” means a program approved by
  264  the department which consists of at least 60 hours designed to
  265  reduce recidivism by addressing, at a minimum, education, job
  266  skills, interpersonal skills, stress and anger management, and
  267  personal development. Additionally, the department shall grant 5
  268  additional days of rehabilitation credits for successful
  269  completion of any other department-approved program, including
  270  prisoner-developed programs or a passing grade in each online or
  271  in-person educational course, as approved by the department.
  272  Rehabilitation credits under this paragraph are retroactive.
  273         (e)Notwithstanding the monthly maximum awards of
  274  rehabilitation credits under subparagraphs (b)1. and 2., the
  275  department may grant up to 2 additional days per month of good
  276  behavior time to prisoners serving sentences for violations of
  277  s. 893.13 or s. 893.135. Good behavior time under this paragraph
  278  is retroactive Under no circumstances may an inmate receive more
  279  than 60 days for educational attainment pursuant to this
  280  section.
  281         (f)(e) Notwithstanding subparagraph (b)1. subparagraph
  282  (b)3., for sentences imposed for offenses committed on or after
  283  October 1, 2014, the department may not grant rehabilitation
  284  credits incentive gain-time if the offense is a violation of s.
  285  782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
  286  3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
  287  825.1025; or s. 847.0135(5).
  288         (g)1.(f)A prisoner An inmate who is subject to this
  289  subsection and who is serving a sentence imposed for an offense
  290  committed on or after October 1, 1995, subparagraph (b)3. is not
  291  eligible to earn or receive good behavior time or outstanding
  292  deed awards gain-time under paragraph (a), paragraph (b),
  293  paragraph (c), or paragraph (d) or any other type of gain-time
  294  in an amount that would cause a sentence to expire, end, or
  295  terminate, or that would result in a prisoner’s release, before
  296  he or she serves prior to serving a minimum of 85 percent of the
  297  sentence imposed.
  298         2.A prisoner who is subject to this subsection may not
  299  earn or receive rehabilitation credits in an amount that would
  300  cause a sentence to expire, end, or terminate, or that would
  301  result in a prisoner’s release, before he or she serves a
  302  minimum of 75 percent of the sentence imposed.
  303         3. For purposes of this paragraph, credits awarded by the
  304  court for time physically incarcerated shall be credited toward
  305  satisfaction of 85 percent of the sentence imposed. Except as
  306  provided by this section, a prisoner serving a sentence imposed
  307  for an offense committed on or after October 1, 1995, may not
  308  accumulate further good behavior time gain-time awards at any
  309  point when the tentative release date is the same as that date
  310  at which the prisoner will have served 85 percent of the
  311  sentence imposed. A prisoner may not accumulate further
  312  rehabilitation credits or outstanding deed awards at any point
  313  when the tentative release date is the same as that date at
  314  which the prisoner will have served 75 percent of the sentence
  315  imposed. State prisoners sentenced to life imprisonment shall be
  316  incarcerated for the rest of their natural lives, unless granted
  317  pardon or clemency.
  318         (5) If When a prisoner is found guilty of an infraction of
  319  the laws of this state or the rules of the department, gain-time
  320  may be forfeited according to law after due process.
  321         (6)(a) Good behavior time Basic gain-time under this
  322  section shall be computed on and applied to all sentences
  323  imposed for offenses committed on or after July 1, 1978, and
  324  before January 1, 1994.
  325         (b) All good behavior time, rehabilitation credits, and
  326  outstanding deed awards are incentive and meritorious gain-time
  327  is granted according to this section.
  328         (c) All additional gain-time previously awarded under
  329  former subsections (2) and (3) and all forfeitures ordered
  330  before prior to the effective date of the act that created this
  331  section shall remain in effect and be applied in establishing an
  332  initial tentative release date.
  333         (7) The department shall adopt rules to implement the
  334  granting, forfeiture, restoration, and deletion of good behavior
  335  time, rehabilitation credits, and outstanding deed awards gain
  336  time.
  337         Section 4. Subsection (1) of section 784.078, Florida
  338  Statutes, is amended to read:
  339         784.078 Battery of facility employee by throwing, tossing,
  340  or expelling certain fluids or materials.—
  341         (1) As used in this section, the term “facility” means a
  342  state correctional institution defined in s. 944.02 s.
  343  944.02(8); a private correctional facility defined in s. 944.710
  344  or under chapter 957; a county, municipal, or regional jail or
  345  other detention facility of local government under chapter 950
  346  or chapter 951; or a secure facility operated and maintained by
  347  the Department of Corrections or the Department of Juvenile
  348  Justice.
  349         Section 5. Paragraph (f) of subsection (2) of section
  350  316.027, Florida Statutes, is amended to read:
  351         316.027 Crash involving death or personal injuries.—
  352         (2)
  353         (f) For purposes of sentencing under chapter 921 and
  354  determining incentive gain-time eligibility for rehabilitation
  355  credits under chapter 944, an offense listed in this subsection
  356  is ranked one level above the ranking specified in s. 921.0022
  357  or s. 921.0023 for the offense committed if the victim of the
  358  offense was a vulnerable road user.
  359         Section 6. Section 775.0845, Florida Statutes, is amended
  360  to read:
  361         775.0845 Wearing mask while committing offense;
  362  reclassification.—The felony or misdemeanor degree of any
  363  criminal offense, other than a violation of ss. 876.12-876.15,
  364  shall be reclassified to the next higher degree as provided in
  365  this section if, while committing the offense, the offender was
  366  wearing a hood, mask, or other device that concealed his or her
  367  identity.
  368         (1)(a) In the case of a misdemeanor of the second degree,
  369  the offense is reclassified to a misdemeanor of the first
  370  degree.
  371         (b) In the case of a misdemeanor of the first degree, the
  372  offense is reclassified to a felony of the third degree. For
  373  purposes of sentencing under chapter 921 and determining
  374  incentive gain-time eligibility for rehabilitation credits under
  375  chapter 944, such offense is ranked in level 2 of the offense
  376  severity ranking chart.
  377         (2)(a) In the case of a felony of the third degree, the
  378  offense is reclassified to a felony of the second degree.
  379         (b) In the case of a felony of the second degree, the
  380  offense is reclassified to a felony of the first degree.
  381  
  382  For purposes of sentencing under chapter 921 and determining
  383  incentive gain-time eligibility for rehabilitation credits under
  384  chapter 944, a felony offense that is reclassified under this
  385  subsection is ranked one level above the ranking under former s.
  386  921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the
  387  offense committed.
  388         Section 7. Section 775.0847, Florida Statutes, is amended
  389  to read:
  390         775.0847 Possession or promotion of certain images of child
  391  pornography; reclassification.—
  392         (1) For purposes of this section:
  393         (a) “Child” means any person, whose identity is known or
  394  unknown, less than 18 years of age.
  395         (b) “Child pornography” means any image depicting a minor
  396  engaged in sexual conduct.
  397         (c) “Sadomasochistic abuse” means flagellation or torture
  398  by or upon a person or the condition of being fettered, bound,
  399  or otherwise physically restrained, for the purpose of deriving
  400  sexual satisfaction, or satisfaction brought about as a result
  401  of sadistic violence, from inflicting harm on another or
  402  receiving such harm oneself.
  403         (d) “Sexual battery” means oral, anal, or vaginal
  404  penetration by, or union with, the sexual organ of another or
  405  the anal or vaginal penetration of another by any other object;
  406  however, sexual battery does not include an act done for a bona
  407  fide medical purpose.
  408         (e) “Sexual bestiality” means any sexual act, actual or
  409  simulated, between a person and an animal involving the sex
  410  organ of the one and the mouth, anus, or vagina of the other.
  411         (f) “Sexual conduct” means actual or simulated sexual
  412  intercourse, deviate sexual intercourse, sexual bestiality,
  413  masturbation, or sadomasochistic abuse; actual lewd exhibition
  414  of the genitals; actual physical contact with a person’s clothed
  415  or unclothed genitals, pubic area, buttocks, or, if such person
  416  is a female, breast with the intent to arouse or gratify the
  417  sexual desire of either party; or any act or conduct which
  418  constitutes sexual battery or simulates that sexual battery is
  419  being or will be committed. A mother’s breastfeeding of her baby
  420  does not under any circumstance constitute “sexual conduct.”
  421         (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  422  s. 847.0138 shall be reclassified to the next higher degree as
  423  provided in subsection (3) if:
  424         (a) The offender possesses 10 or more images of any form of
  425  child pornography regardless of content; and
  426         (b) The content of at least one image contains one or more
  427  of the following:
  428         1. A child who is younger than the age of 5.
  429         2. Sadomasochistic abuse involving a child.
  430         3. Sexual battery involving a child.
  431         4. Sexual bestiality involving a child.
  432         5. Any movie involving a child, regardless of length and
  433  regardless of whether the movie contains sound.
  434         (3)(a) In the case of a felony of the third degree, the
  435  offense is reclassified to a felony of the second degree.
  436         (b) In the case of a felony of the second degree, the
  437  offense is reclassified to a felony of the first degree.
  438  
  439  For purposes of sentencing under chapter 921 and determining
  440  incentive gain-time eligibility for rehabilitation credits under
  441  chapter 944, a felony offense that is reclassified under this
  442  section is ranked one level above the ranking under s. 921.0022
  443  or s. 921.0023 of the offense committed.
  444         Section 8. Section 775.0861, Florida Statutes, is amended
  445  to read:
  446         775.0861 Offenses against persons on the grounds of
  447  religious institutions; reclassification.—
  448         (1) For purposes of this section, the term:
  449         (a) “Religious institution” is as defined in s. 496.404.
  450         (b) “Religious service” is a religious ceremony, prayer, or
  451  other activity according to a form and order prescribed for
  452  worship, including a service related to a particular occasion.
  453         (2) The felony or misdemeanor degree of any violation of:
  454         (a) Section 784.011, relating to assault;
  455         (b) Section 784.021, relating to aggravated assault;
  456         (c) Section 784.03, relating to battery;
  457         (d) Section 784.041, relating to felony battery;
  458         (e) A statute defining any offense listed in s.
  459  775.084(1)(b)1.; or
  460         (f) Any other statute defining an offense that involves the
  461  use or threat of physical force or violence against any
  462  individual
  463  
  464  shall be reclassified as provided in this section if the offense
  465  is committed on the property of a religious institution while
  466  the victim is on the property for the purpose of participating
  467  in or attending a religious service.
  468         (3)(a) In the case of a misdemeanor of the second degree,
  469  the offense is reclassified to a misdemeanor of the first
  470  degree.
  471         (b) In the case of a misdemeanor of the first degree, the
  472  offense is reclassified to a felony of the third degree. For
  473  purposes of sentencing under chapter 921, such offense is ranked
  474  in level 2 of the offense severity ranking chart.
  475         (c) In the case of a felony of the third degree, the
  476  offense is reclassified to a felony of the second degree.
  477         (d) In the case of a felony of the second degree, the
  478  offense is reclassified to a felony of the first degree.
  479         (e) In the case of a felony of the first degree, the
  480  offense is reclassified to a life felony.
  481  
  482  For purposes of sentencing under chapter 921 and determining
  483  incentive gain-time eligibility for rehabilitation credits under
  484  chapter 944, a felony offense that is reclassified under this
  485  subsection is ranked one level above the ranking under s.
  486  921.0022 or s. 921.0023 of the offense committed.
  487         Section 9. Section 775.0862, Florida Statutes, is amended
  488  to read:
  489         775.0862 Sexual offenses against students by authority
  490  figures; reclassification.—
  491         (1) As used in this section, the term:
  492         (a) “Authority figure” means a person 18 years of age or
  493  older who is employed by, volunteering at, or under contract
  494  with a school.
  495         (b) “School” has the same meaning as provided in s. 1003.01
  496  and includes a private school as defined in s. 1002.01, a
  497  voluntary prekindergarten education program as described in s.
  498  1002.53(3), early learning programs, a public school as
  499  described in s. 402.3025(1), the Florida School for the Deaf and
  500  the Blind, and the Florida Virtual School established under s.
  501  1002.37. The term does not include facilities dedicated
  502  exclusively to the education of adults.
  503         (c) “Student” means a person younger than 18 years of age
  504  who is enrolled at a school.
  505         (2) The felony degree of a violation of an offense listed
  506  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
  507  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
  508  as provided in this section if the offense is committed by an
  509  authority figure of a school against a student of the school.
  510         (3)(a) In the case of a felony of the third degree, the
  511  offense is reclassified to a felony of the second degree.
  512         (b) In the case of a felony of the second degree, the
  513  offense is reclassified to a felony of the first degree.
  514         (c) In the case of a felony of the first degree, the
  515  offense is reclassified to a life felony.
  516  
  517  For purposes of sentencing under chapter 921 and determining
  518  incentive gain-time eligibility for rehabilitation credits under
  519  chapter 944, a felony offense that is reclassified under this
  520  subsection is ranked one level above the ranking under s.
  521  921.0022 or s. 921.0023 of the offense committed.
  522         Section 10. Subsection (1) and paragraph (b) of subsection
  523  (3) of section 775.087, Florida Statutes, are amended to read:
  524         775.087 Possession or use of weapon; aggravated battery;
  525  felony reclassification; minimum sentence.—
  526         (1) Unless otherwise provided by law, whenever a person is
  527  charged with a felony, except a felony in which the use of a
  528  weapon or firearm is an essential element, and during the
  529  commission of such felony the defendant carries, displays, uses,
  530  threatens to use, or attempts to use any weapon or firearm, or
  531  during the commission of such felony the defendant commits an
  532  aggravated battery, the felony for which the person is charged
  533  shall be reclassified as follows:
  534         (a) In the case of a felony of the first degree, to a life
  535  felony.
  536         (b) In the case of a felony of the second degree, to a
  537  felony of the first degree.
  538         (c) In the case of a felony of the third degree, to a
  539  felony of the second degree.
  540  
  541  For purposes of sentencing under chapter 921 and determining
  542  incentive gain-time eligibility for rehabilitation credits under
  543  chapter 944, a felony offense which is reclassified under this
  544  section is ranked one level above the ranking under s. 921.0022
  545  or s. 921.0023 of the felony offense committed.
  546         (3)
  547         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  548  (a)3. does not prevent a court from imposing a longer sentence
  549  of incarceration as authorized by law in addition to the minimum
  550  mandatory sentence, or from imposing a sentence of death
  551  pursuant to other applicable law. Subparagraph (a)1.,
  552  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  553  court to impose a lesser sentence than otherwise required by
  554  law.
  555  
  556  Notwithstanding s. 948.01, adjudication of guilt or imposition
  557  of sentence shall not be suspended, deferred, or withheld, and
  558  the defendant is not eligible for statutory gain-time, as
  559  defined in s. 944.02, under s. 944.275 or any form of
  560  discretionary early release, other than pardon or executive
  561  clemency, or conditional medical release under s. 947.149, prior
  562  to serving the minimum sentence.
  563         Section 11. Subsection (2) of section 775.0875, Florida
  564  Statutes, is amended to read:
  565         775.0875 Unlawful taking, possession, or use of law
  566  enforcement officer’s firearm; crime reclassification;
  567  penalties.—
  568         (2) If a person violates subsection (1) and commits any
  569  other crime involving the firearm taken from the law enforcement
  570  officer, such crime shall be reclassified as follows:
  571         (a)1. In the case of a felony of the first degree, to a
  572  life felony.
  573         2. In the case of a felony of the second degree, to a
  574  felony of the first degree.
  575         3. In the case of a felony of the third degree, to a felony
  576  of the second degree.
  577  
  578  For purposes of sentencing under chapter 921 and determining
  579  incentive gain-time eligibility for rehabilitation credits under
  580  chapter 944, a felony offense that is reclassified under this
  581  paragraph is ranked one level above the ranking under s.
  582  921.0022 or s. 921.0023 of the felony offense committed.
  583         (b) In the case of a misdemeanor, to a felony of the third
  584  degree. For purposes of sentencing under chapter 921 and
  585  determining incentive gain-time eligibility for rehabilitation
  586  credits under chapter 944, such offense is ranked in level 2 of
  587  the offense severity ranking chart.
  588         Section 12. Subsection (3) of section 777.03, Florida
  589  Statutes, is amended to read:
  590         777.03 Accessory after the fact.—
  591         (3) Except as otherwise provided in s. 921.0022, for
  592  purposes of sentencing under chapter 921 and determining
  593  incentive gain-time eligibility for rehabilitation credits under
  594  chapter 944, the offense of accessory after the fact is ranked
  595  two levels below the ranking under s. 921.0022 or s. 921.0023 of
  596  the felony offense committed.
  597         Section 13. Section 777.04, Florida Statutes, is amended to
  598  read:
  599         777.04 Attempts, solicitation, and conspiracy.—
  600         (1) A person who attempts to commit an offense prohibited
  601  by law and in such attempt does any act toward the commission of
  602  such offense, but fails in the perpetration or is intercepted or
  603  prevented in the execution thereof, commits the offense of
  604  criminal attempt, ranked for purposes of sentencing as provided
  605  in subsection (4). Criminal attempt includes the act of an adult
  606  who, with intent to commit an offense prohibited by law,
  607  allures, seduces, coaxes, or induces a child under the age of 12
  608  to engage in an offense prohibited by law.
  609         (2) A person who solicits another to commit an offense
  610  prohibited by law and in the course of such solicitation
  611  commands, encourages, hires, or requests another person to
  612  engage in specific conduct which would constitute such offense
  613  or an attempt to commit such offense commits the offense of
  614  criminal solicitation, ranked for purposes of sentencing as
  615  provided in subsection (4).
  616         (3) A person who agrees, conspires, combines, or
  617  confederates with another person or persons to commit any
  618  offense commits the offense of criminal conspiracy, ranked for
  619  purposes of sentencing as provided in subsection (4).
  620         (4)(a) Except as otherwise provided in ss. 104.091(2),
  621  379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,
  622  the offense of criminal attempt, criminal solicitation, or
  623  criminal conspiracy is ranked for purposes of sentencing under
  624  chapter 921 and determining incentive gain-time eligibility for
  625  rehabilitation credits under chapter 944 one level below the
  626  ranking under s. 921.0022 or s. 921.0023 of the offense
  627  attempted, solicited, or conspired to. If the criminal attempt,
  628  criminal solicitation, or criminal conspiracy is of an offense
  629  ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023,
  630  such offense is a misdemeanor of the first degree, punishable as
  631  provided in s. 775.082 or s. 775.083.
  632         (b) If the offense attempted, solicited, or conspired to is
  633  a capital felony, the offense of criminal attempt, criminal
  634  solicitation, or criminal conspiracy is a felony of the first
  635  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  636  775.084.
  637         (c) Except as otherwise provided in s. 893.135(5), if the
  638  offense attempted, solicited, or conspired to is a life felony
  639  or a felony of the first degree, the offense of criminal
  640  attempt, criminal solicitation, or criminal conspiracy is a
  641  felony of the second degree, punishable as provided in s.
  642  775.082, s. 775.083, or s. 775.084.
  643         (d) Except as otherwise provided in s. 104.091(2), s.
  644  379.2431(1), s. 828.125(2), or s. 849.25(4), if the offense
  645  attempted, solicited, or conspired to is a:
  646         1. Felony of the second degree;
  647         2. Burglary that is a felony of the third degree; or
  648         3. Felony of the third degree ranked in level 3, 4, 5, 6,
  649  7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
  650  
  651  the offense of criminal attempt, criminal solicitation, or
  652  criminal conspiracy is a felony of the third degree, punishable
  653  as provided in s. 775.082, s. 775.083, or s. 775.084.
  654         (e) Except as otherwise provided in s. 104.091(2), s.
  655  379.2431(1), s. 849.25(4), or paragraph (d), if the offense
  656  attempted, solicited, or conspired to is a felony of the third
  657  degree, the offense of criminal attempt, criminal solicitation,
  658  or criminal conspiracy is a misdemeanor of the first degree,
  659  punishable as provided in s. 775.082 or s. 775.083.
  660         (f) Except as otherwise provided in s. 104.091(2), if the
  661  offense attempted, solicited, or conspired to is a misdemeanor
  662  of the first or second degree, the offense of criminal attempt,
  663  criminal solicitation, or criminal conspiracy is a misdemeanor
  664  of the second degree, punishable as provided in s. 775.082 or s.
  665  775.083.
  666         (5) It is a defense to a charge of criminal attempt,
  667  criminal solicitation, or criminal conspiracy that, under
  668  circumstances manifesting a complete and voluntary renunciation
  669  of his or her criminal purpose, the defendant:
  670         (a) Abandoned his or her attempt to commit the offense or
  671  otherwise prevented its commission;
  672         (b) After soliciting another person to commit an offense,
  673  persuaded such other person not to do so or otherwise prevented
  674  commission of the offense; or
  675         (c) After conspiring with one or more persons to commit an
  676  offense, persuaded such persons not to do so or otherwise
  677  prevented commission of the offense.
  678         Section 14. Subsection (7) of section 794.011, Florida
  679  Statutes, is amended to read:
  680         794.011 Sexual battery.—
  681         (7) A person who is convicted of committing a sexual
  682  battery on or after October 1, 1992, is not eligible for good
  683  behavior time basic gain-time under s. 944.275. This subsection
  684  may be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
  685         Section 15. Subsection (2) of section 794.023, Florida
  686  Statutes, is amended to read:
  687         794.023 Sexual battery by multiple perpetrators;
  688  reclassification of offenses.—
  689         (2) A violation of s. 794.011 shall be reclassified as
  690  provided in this subsection if it is charged and proven by the
  691  prosecution that, during the same criminal transaction or
  692  episode, more than one person committed an act of sexual battery
  693  on the same victim.
  694         (a) A felony of the second degree is reclassified to a
  695  felony of the first degree.
  696         (b) A felony of the first degree is reclassified to a life
  697  felony.
  698  
  699  This subsection does not apply to life felonies or capital
  700  felonies. For purposes of sentencing under chapter 921 and
  701  determining incentive gain-time eligibility for rehabilitation
  702  credits under chapter 944, a felony offense that is reclassified
  703  under this subsection is ranked one level above the ranking
  704  under s. 921.0022 or s. 921.0023 of the offense committed.
  705         Section 16. Subsection (5) of section 817.568, Florida
  706  Statutes, is amended to read:
  707         817.568 Criminal use of personal identification
  708  information.—
  709         (5) If an offense prohibited under this section was
  710  facilitated or furthered by the use of a public record, as
  711  defined in s. 119.011, the offense is reclassified to the next
  712  higher degree as follows:
  713         (a) A misdemeanor of the first degree is reclassified as a
  714  felony of the third degree.
  715         (b) A felony of the third degree is reclassified as a
  716  felony of the second degree.
  717         (c) A felony of the second degree is reclassified as a
  718  felony of the first degree.
  719  
  720  For purposes of sentencing under chapter 921 and incentive gain
  721  time eligibility for rehabilitation credits under chapter 944, a
  722  felony offense that is reclassified under this subsection is
  723  ranked one level above the ranking under s. 921.0022 of the
  724  felony offense committed, and a misdemeanor offense that is
  725  reclassified under this subsection is ranked in level 2 of the
  726  offense severity ranking chart in s. 921.0022.
  727         Section 17. Subsection (3) of section 831.032, Florida
  728  Statutes, is amended to read:
  729         831.032 Offenses involving forging or counterfeiting
  730  private labels.—
  731         (3)(a) Violation of subsection (1) or subsection (2) is a
  732  misdemeanor of the first degree, punishable as provided in s.
  733  775.082 or s. 775.083, except that:
  734         1. A violation of subsection (1) or subsection (2) is a
  735  felony of the third degree, punishable as provided in s.
  736  775.082, s. 775.083, or s. 775.084, if the offense involves 100
  737  or more but less than 1,000 items bearing one or more
  738  counterfeit marks or if the goods involved in the offense have a
  739  total retail value of more than $2,500, but less than $20,000.
  740         2. A violation of subsection (1) or subsection (2) is a
  741  felony of the second degree, punishable as provided in s.
  742  775.082, s. 775.083, or s. 775.084, if the offense involves
  743  1,000 or more items bearing one or more counterfeit marks or if
  744  the goods involved in the offense have a total retail value of
  745  $20,000 or more.
  746         3. A violation of subsection (1) or subsection (2) is a
  747  felony of the third degree, punishable as provided in s.
  748  775.082, s. 775.083, or s. 775.084 if, during the commission or
  749  as a result of the commission of the offense, the person
  750  engaging in the offense knowingly or by culpable negligence
  751  causes or allows to be caused bodily injury to another.
  752         4. A violation of subsection (1) or subsection (2) is a
  753  felony of the second degree, punishable as provided in s.
  754  775.082, s. 775.083, or s. 775.084 if, during the commission or
  755  as a result of the commission of the offense, the person
  756  engaging in the offense knowingly or by culpable negligence
  757  causes or allows to be caused serious bodily injury to another.
  758         5. A violation of subsection (1) or subsection (2) is a
  759  felony of the first degree, punishable as provided in s.
  760  775.082, s. 775.083, or s. 775.084 if, during the commission or
  761  as a result of the commission of the offense, the person
  762  engaging in the offense knowingly or by culpable negligence
  763  causes or allows to be caused death to another.
  764         (b) For any person who, having previously been convicted
  765  for an offense under this section, is subsequently convicted for
  766  another offense under this section, such subsequent offense
  767  shall be reclassified as follows:
  768         1. In the case of a felony of the second degree, to a
  769  felony of the first degree.
  770         2. In the case of a felony of the third degree, to a felony
  771  of the second degree.
  772         3. In the case of a misdemeanor of the first degree, to a
  773  felony of the third degree. For purposes of sentencing under
  774  chapter 921 and determining incentive gain-time eligibility
  775  under chapter 944, such offense is ranked in level 4 of the
  776  offense severity ranking chart.
  777  
  778  For purposes of sentencing under chapter 921 and determining
  779  incentive gain-time eligibility for rehabilitation credits under
  780  chapter 944, a felony offense that is reclassified under this
  781  paragraph is ranked one level above the ranking under s.
  782  921.0022 or s. 921.0023 of the felony offense committed.
  783         (c) In lieu of a fine otherwise authorized by law, when any
  784  person has been convicted of an offense under this section, the
  785  court may fine the person up to three times the retail value of
  786  the goods seized, manufactured, or sold, whichever is greater,
  787  and may enter orders awarding court costs and the costs of
  788  investigation and prosecution, reasonably incurred. The court
  789  shall hold a hearing to determine the amount of the fine
  790  authorized by this paragraph.
  791         (d) When a person is convicted of an offense under this
  792  section, the court, pursuant to s. 775.089, shall order the
  793  person to pay restitution to the trademark owner and any other
  794  victim of the offense. In determining the value of the property
  795  loss to the trademark owner, the court shall include expenses
  796  incurred by the trademark owner in the investigation or
  797  prosecution of the offense as well as the disgorgement of any
  798  profits realized by a person convicted of the offense.
  799         Section 18. Subsection (2) of section 843.22, Florida
  800  Statutes, is amended to read:
  801         843.22 Traveling across county lines with intent to commit
  802  a burglary.—
  803         (2) If a person who commits a burglary travels any distance
  804  with the intent to commit the burglary in a county in this state
  805  other than the person’s county of residence, the degree of the
  806  burglary shall be reclassified to the next higher degree if the
  807  purpose of the person’s travel is to thwart law enforcement
  808  attempts to track the items stolen in the burglary. For purposes
  809  of sentencing under chapter 921 and determining incentive gain
  810  time eligibility for rehabilitation credits under chapter 944, a
  811  burglary that is reclassified under this section is ranked one
  812  level above the ranking specified in s. 921.0022 or s. 921.0023
  813  for the burglary committed.
  814         Section 19. Section 874.04, Florida Statutes, is amended to
  815  read:
  816         874.04 Gang-related offenses; enhanced penalties.—Upon a
  817  finding by the factfinder that the defendant committed the
  818  charged offense for the purpose of benefiting, promoting, or
  819  furthering the interests of a criminal gang, the penalty for any
  820  felony or misdemeanor, or any delinquent act or violation of law
  821  which would be a felony or misdemeanor if committed by an adult,
  822  may be enhanced. Penalty enhancement affects the applicable
  823  statutory maximum penalty only. Each of the findings required as
  824  a basis for such sentence shall be found beyond a reasonable
  825  doubt. The enhancement will be as follows:
  826         (1)(a) A misdemeanor of the second degree may be punished
  827  as if it were a misdemeanor of the first degree.
  828         (b) A misdemeanor of the first degree may be punished as if
  829  it were a felony of the third degree. For purposes of sentencing
  830  under chapter 921 and determining incentive gain-time
  831  eligibility under chapter 944, such offense is ranked in level 1
  832  of the offense severity ranking chart. The criminal gang
  833  multiplier in s. 921.0024 does not apply to misdemeanors
  834  enhanced under this paragraph.
  835         (2)(a) A felony of the third degree may be punished as if
  836  it were a felony of the second degree.
  837         (b) A felony of the second degree may be punished as if it
  838  were a felony of the first degree.
  839         (c) A felony of the first degree may be punished as if it
  840  were a life felony.
  841  
  842  For purposes of sentencing under chapter 921 and determining
  843  incentive gain-time eligibility for rehabilitation credits under
  844  chapter 944, such felony offense is ranked as provided in s.
  845  921.0022 or s. 921.0023, and without regard to the penalty
  846  enhancement in this subsection.
  847         Section 20. Section 944.281, Florida Statutes, is amended
  848  to read:
  849         944.281 Ineligibility to earn gain-time due to disciplinary
  850  action.—The department may declare that a prisoner who commits a
  851  violation of any law of the state or rule or regulation of the
  852  department or institution on or after January 1, 1996, and who
  853  is found guilty pursuant to s. 944.28(2), shall not be eligible
  854  to earn rehabilitation credits incentive gain-time for up to 6
  855  months following the month in which the violation occurred. The
  856  department shall adopt rules to administer the provisions of
  857  this section.
  858         Section 21. Subsection (1) of section 944.473, Florida
  859  Statutes, is amended to read:
  860         944.473 Inmate substance abuse testing program.—
  861         (1) RULES AND PROCEDURES.—The department shall establish
  862  programs for random and reasonable suspicion drug and alcohol
  863  testing by urinalysis or other noninvasive procedure for inmates
  864  to effectively identify those inmates abusing drugs, alcohol, or
  865  both. The department shall also adopt rules relating to fair,
  866  economical, and accurate operations and procedures of a random
  867  inmate substance abuse testing program and a reasonable
  868  suspicion substance abuse testing program by urinalysis or other
  869  noninvasive procedure which enumerate penalties for positive
  870  test results, including but not limited to the forfeiture of
  871  both good behavior time and rehabilitation credits basic and
  872  incentive gain-time, and which do not limit the number of times
  873  an inmate may be tested in any one fiscal or calendar year.
  874         Section 22. Subsection (1) of section 944.70, Florida
  875  Statutes, is amended to read:
  876         944.70 Conditions for release from incarceration.—
  877         (1)(a) A person who is convicted of a crime committed on or
  878  after October 1, 1983, but before January 1, 1994, may be
  879  released from incarceration only:
  880         1. Upon expiration of the person’s sentence;
  881         2. Upon expiration of the person’s sentence as reduced by
  882  accumulated gain-time;
  883         3. As directed by an executive order granting clemency;
  884         4. Upon attaining the provisional release date;
  885         5. Upon placement in a conditional release program pursuant
  886  to s. 947.1405; or
  887         6. Upon the granting of control release pursuant to s.
  888  947.146.
  889         (b) A person who is convicted of a crime committed on or
  890  after January 1, 1994, may be released from incarceration only:
  891         1. Upon expiration of the person’s sentence;
  892         2. Upon expiration of the person’s sentence as reduced by
  893  accumulated rehabilitation credits and outstanding deed awards
  894  meritorious or incentive gain-time;
  895         3. As directed by an executive order granting clemency;
  896         4. Upon placement in a conditional release program pursuant
  897  to s. 947.1405 or a conditional medical release program pursuant
  898  to s. 947.149; or
  899         5. Upon the granting of control release, including
  900  emergency control release, pursuant to s. 947.146.
  901         Section 23. For the purpose of incorporating the amendment
  902  made by this act to section 944.275, Florida Statutes, in a
  903  reference thereto, paragraph (k) of subsection (4) of section
  904  775.084, Florida Statutes, is reenacted to read:
  905         775.084 Violent career criminals; habitual felony offenders
  906  and habitual violent felony offenders; three-time violent felony
  907  offenders; definitions; procedure; enhanced penalties or
  908  mandatory minimum prison terms.—
  909         (4)
  910         (k)1. A defendant sentenced under this section as a
  911  habitual felony offender, a habitual violent felony offender, or
  912  a violent career criminal is eligible for gain-time granted by
  913  the Department of Corrections as provided in s. 944.275(4)(b).
  914         2. For an offense committed on or after October 1, 1995, a
  915  defendant sentenced under this section as a violent career
  916  criminal is not eligible for any form of discretionary early
  917  release, other than pardon or executive clemency, or conditional
  918  medical release granted pursuant to s. 947.149.
  919         3. For an offense committed on or after July 1, 1999, a
  920  defendant sentenced under this section as a three-time violent
  921  felony offender shall be released only by expiration of sentence
  922  and shall not be eligible for parole, control release, or any
  923  form of early release.
  924         Section 24. For the purpose of incorporating the amendment
  925  made by this act to section 944.275, Florida Statutes, in
  926  references thereto, paragraph (v) of subsection (2) and
  927  paragraph (e) of subsection (3) of section 900.05, Florida
  928  Statutes, are reenacted to read:
  929         900.05 Criminal justice data collection.—
  930         (2) DEFINITIONS.—As used in this section, the term:
  931         (v) “Gain-time credit earned” means a credit of time
  932  awarded to an inmate in a county detention facility in
  933  accordance with s. 951.21 or a state correctional institution or
  934  facility in accordance with s. 944.275.
  935         (3) DATA COLLECTION AND REPORTING.—An entity required to
  936  collect data in accordance with this subsection shall collect
  937  the specified data and report them in accordance with this
  938  subsection to the Department of Law Enforcement on a monthly
  939  basis.
  940         (e) Department of Corrections.—The Department of
  941  Corrections shall collect the following data:
  942         1. Information related to each inmate, including:
  943         a. Identifying information, including name, date of birth,
  944  race, ethnicity, gender, case number, and identification number
  945  assigned by the department.
  946         b. Highest education level.
  947         c. Date the inmate was admitted to the custody of the
  948  department for his or her current incarceration.
  949         d. Current institution placement and the security level
  950  assigned to the institution.
  951         e. Custody level assignment.
  952         f. Qualification for a flag designation as defined in this
  953  section, including sexual offender flag, habitual offender flag,
  954  habitual violent felony offender flag, prison releasee
  955  reoffender flag, three-time violent felony offender flag,
  956  violent career criminal flag, gang affiliation flag, or
  957  concurrent or consecutive sentence flag.
  958         g. County that committed the prisoner to the custody of the
  959  department.
  960         h. Whether the reason for admission to the department is
  961  for a new conviction or a violation of probation, community
  962  control, or parole. For an admission for a probation, community
  963  control, or parole violation, the department shall report
  964  whether the violation was technical or based on a new violation
  965  of law.
  966         i. Specific statutory citation for which the inmate was
  967  committed to the department, including, for an inmate convicted
  968  of drug trafficking under s. 893.135, the statutory citation for
  969  each specific drug trafficked.
  970         j. Length of sentence served.
  971         k. Length of concurrent or consecutive sentences served.
  972         l. Tentative release date.
  973         m. Gain time earned in accordance with s. 944.275.
  974         n. Prior incarceration within the state.
  975         o. Disciplinary violation and action.
  976         p. Participation in rehabilitative or educational programs
  977  while in the custody of the department.
  978         q. Digitized sentencing scoresheet prepared in accordance
  979  with s. 921.0024.
  980         2. Information about each state correctional institution or
  981  facility, including:
  982         a. Budget for each state correctional institution or
  983  facility.
  984         b. Daily prison population of all inmates incarcerated in a
  985  state correctional institution or facility.
  986         c. Daily number of correctional officers for each state
  987  correctional institution or facility.
  988         3. Information related to persons supervised by the
  989  department on probation or community control, including:
  990         a. Identifying information for each person supervised by
  991  the department on probation or community control, including his
  992  or her name, date of birth, race, ethnicity, gender, case
  993  number, and department-assigned case number.
  994         b. Length of probation or community control sentence
  995  imposed and amount of time that has been served on such
  996  sentence.
  997         c. Projected termination date for probation or community
  998  control.
  999         d. Revocation of probation or community control due to a
 1000  violation, including whether the revocation is due to a
 1001  technical violation of the conditions of supervision or from the
 1002  commission of a new law violation.
 1003         4. Per diem rates for:
 1004         a. Prison bed.
 1005         b. Probation.
 1006         c. Community control.
 1007  
 1008  This information only needs to be reported once annually at the
 1009  time the most recent per diem rate is published.
 1010         Section 25. For the purpose of incorporating the amendment
 1011  made by this act to section 944.275, Florida Statutes, in a
 1012  reference thereto, subsection (1) of section 944.605, Florida
 1013  Statutes, is reenacted to read:
 1014         944.605 Inmate release; notification; identification card.—
 1015         (1) Within 6 months before the release of an inmate from
 1016  the custody of the Department of Corrections or a private
 1017  correctional facility by expiration of sentence under s.
 1018  944.275, any release program provided by law, or parole under
 1019  chapter 947, or as soon as possible if the offender is released
 1020  earlier than anticipated, notification of such anticipated
 1021  release date shall be made known by the Department of
 1022  Corrections to the chief judge of the circuit in which the
 1023  offender was sentenced, the appropriate state attorney, the
 1024  original arresting law enforcement agency, the Department of Law
 1025  Enforcement, and the sheriff as chief law enforcement officer of
 1026  the county in which the inmate plans to reside. In addition,
 1027  unless otherwise requested by the victim, the victim’s parent or
 1028  guardian if the victim is a minor, the lawful representative of
 1029  the victim or of the victim’s parent or guardian if the victim
 1030  is a minor, the victim’s next of kin in the case of a homicide,
 1031  the state attorney or the Department of Corrections, whichever
 1032  is appropriate, shall notify such person within 6 months before
 1033  the inmate’s release, or as soon as possible if the offender is
 1034  released earlier than anticipated, when the name and address of
 1035  such victim, or the name and address of the parent, guardian,
 1036  next of kin, or lawful representative of the victim has been
 1037  furnished to the agency. The state attorney shall provide the
 1038  latest address documented for the victim, or for the victim’s
 1039  parent, guardian, next of kin, or lawful representative, as
 1040  applicable, to the sheriff with the other documents required by
 1041  law for the delivery of inmates to those agencies for service of
 1042  sentence. Upon request, within 30 days after an inmate is
 1043  approved for community work release, the state attorney, the
 1044  victim, the victim’s parent or guardian if the victim is a
 1045  minor, the victim’s next of kin in the case of a homicide, or
 1046  the lawful representative of the victim or of the victim’s
 1047  parent or guardian if the victim is a minor shall be notified
 1048  that the inmate has been approved for community work release.
 1049  This section does not imply any repeal or modification of any
 1050  provision of law relating to notification of victims.
 1051         Section 26. For the purpose of incorporating the amendment
 1052  made by this act to section 944.275, Florida Statutes, in a
 1053  reference thereto, subsection (6) of section 944.607, Florida
 1054  Statutes, is reenacted to read:
 1055         944.607 Notification to Department of Law Enforcement of
 1056  information on sexual offenders.—
 1057         (6) The information provided to the Department of Law
 1058  Enforcement must include:
 1059         (a) The information obtained from the sexual offender under
 1060  subsection (4);
 1061         (b) The sexual offender’s most current address, place of
 1062  permanent, temporary, or transient residence within the state or
 1063  out of state, and address, location or description, and dates of
 1064  any current or known future temporary residence within the state
 1065  or out of state, while the sexual offender is under supervision
 1066  in this state, including the name of the county or municipality
 1067  in which the offender permanently or temporarily resides, or has
 1068  a transient residence, and address, location or description, and
 1069  dates of any current or known future temporary residence within
 1070  the state or out of state, and, if known, the intended place of
 1071  permanent, temporary, or transient residence, and address,
 1072  location or description, and dates of any current or known
 1073  future temporary residence within the state or out of state upon
 1074  satisfaction of all sanctions;
 1075         (c) The legal status of the sexual offender and the
 1076  scheduled termination date of that legal status;
 1077         (d) The location of, and local telephone number for, any
 1078  Department of Corrections’ office that is responsible for
 1079  supervising the sexual offender;
 1080         (e) An indication of whether the victim of the offense that
 1081  resulted in the offender’s status as a sexual offender was a
 1082  minor;
 1083         (f) The offense or offenses at conviction which resulted in
 1084  the determination of the offender’s status as a sex offender;
 1085  and
 1086         (g) A digitized photograph of the sexual offender which
 1087  must have been taken within 60 days before the offender is
 1088  released from the custody of the department or a private
 1089  correctional facility by expiration of sentence under s. 944.275
 1090  or must have been taken by January 1, 1998, or within 60 days
 1091  after the onset of the department’s supervision of any sexual
 1092  offender who is on probation, community control, conditional
 1093  release, parole, provisional release, or control release or who
 1094  is supervised by the department under the Interstate Compact
 1095  Agreement for Probationers and Parolees. If the sexual offender
 1096  is in the custody of a private correctional facility, the
 1097  facility shall take a digitized photograph of the sexual
 1098  offender within the time period provided in this paragraph and
 1099  shall provide the photograph to the department.
 1100  
 1101  If any information provided by the department changes during the
 1102  time the sexual offender is under the department’s control,
 1103  custody, or supervision, including any change in the offender’s
 1104  name by reason of marriage or other legal process, the
 1105  department shall, in a timely manner, update the information and
 1106  provide it to the Department of Law Enforcement in the manner
 1107  prescribed in subsection (2).
 1108         Section 27. For the purpose of incorporating the amendment
 1109  made by this act to section 944.275, Florida Statutes, in a
 1110  reference thereto, subsection (15) of section 947.005, Florida
 1111  Statutes, is reenacted to read:
 1112         947.005 Definitions.—As used in this chapter, unless the
 1113  context clearly indicates otherwise:
 1114         (15) “Tentative release date” means the date projected for
 1115  the prisoner’s release from custody by virtue of gain-time
 1116  granted or forfeited pursuant to s. 944.275(3)(a).
 1117         Section 28. For the purpose of incorporating the amendment
 1118  made by this act to section 944.275, Florida Statutes, in a
 1119  reference thereto, paragraph (a) of subsection (6) of section
 1120  985.4815, Florida Statutes, is reenacted to read:
 1121         985.4815 Notification to Department of Law Enforcement of
 1122  information on juvenile sexual offenders.—
 1123         (6)(a) The information provided to the Department of Law
 1124  Enforcement must include the following:
 1125         1. The information obtained from the sexual offender under
 1126  subsection (4).
 1127         2. The sexual offender’s most current address and place of
 1128  permanent, temporary, or transient residence within the state or
 1129  out of state, and address, location or description, and dates of
 1130  any current or known future temporary residence within the state
 1131  or out of state, while the sexual offender is in the care or
 1132  custody or under the jurisdiction or supervision of the
 1133  department in this state, including the name of the county or
 1134  municipality in which the offender permanently or temporarily
 1135  resides, or has a transient residence, and address, location or
 1136  description, and dates of any current or known future temporary
 1137  residence within the state or out of state; and, if known, the
 1138  intended place of permanent, temporary, or transient residence,
 1139  and address, location or description, and dates of any current
 1140  or known future temporary residence within the state or out of
 1141  state upon satisfaction of all sanctions.
 1142         3. The legal status of the sexual offender and the
 1143  scheduled termination date of that legal status.
 1144         4. The location of, and local telephone number for, any
 1145  department office that is responsible for supervising the sexual
 1146  offender.
 1147         5. An indication of whether the victim of the offense that
 1148  resulted in the offender’s status as a sexual offender was a
 1149  minor.
 1150         6. The offense or offenses at adjudication and disposition
 1151  that resulted in the determination of the offender’s status as a
 1152  sex offender.
 1153         7. A digitized photograph of the sexual offender, which
 1154  must have been taken within 60 days before the offender was
 1155  released from the custody of the department or a private
 1156  correctional facility by expiration of sentence under s.
 1157  944.275, or within 60 days after the onset of the department’s
 1158  supervision of any sexual offender who is on probation,
 1159  postcommitment probation, residential commitment, nonresidential
 1160  commitment, licensed child-caring commitment, community control,
 1161  conditional release, parole, provisional release, or control
 1162  release or who is supervised by the department under the
 1163  Interstate Compact Agreement for Probationers and Parolees. If
 1164  the sexual offender is in the custody of a private correctional
 1165  facility, the facility shall take a digitized photograph of the
 1166  sexual offender within the time period provided in this
 1167  subparagraph and shall provide the photograph to the department.
 1168         Section 29. This act shall take effect July 1, 2022.

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