Bill Text: FL S0568 | 2021 | Regular Session | Introduced
Bill Title: Death Penalty
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Criminal Justice [S0568 Detail]
Download: Florida-2021-S0568-Introduced.html
Florida Senate - 2021 SB 568 By Senator Farmer 34-00614-21 2021568__ 1 A bill to be entitled 2 An act relating to the death penalty; amending s. 3 775.082, F.S.; deleting provisions relating to the 4 death penalty for capital felonies; deleting 5 provisions relating to the effect of a declaration by 6 a court of last resort that the death penalty in a 7 capital felony is unconstitutional; amending ss. 27.51 8 and 27.511, F.S.; deleting provisions relating to 9 representation in death penalty cases; amending s. 10 27.5304, F.S.; conforming provisions to changes made 11 by the act; repealing ss. 27.7001, 27.7002, 27.701, 12 27.702, 27.703, 27.704, 27.7045, 27.705, 27.706, 13 27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and 14 27.715, F.S., relating to capital collateral 15 representation, constitutionally deficient 16 representation, and postconviction capital collateral 17 proceedings; amending ss. 23.21, 27.51, 27.511, 43.16, 18 and 112.0455, F.S.; conforming provisions to changes 19 made by the act; amending s. 119.071, F.S.; deleting a 20 public records exemption relating to capital 21 collateral proceedings; amending ss. 186.003, 215.89, 22 215.985, 216.011, and 790.25, F.S.; conforming 23 provisions to changes made by the act; amending ss. 24 775.15 and 790.161, F.S.; deleting provisions relating 25 to the effect of a declaration by a court of last 26 resort that the death penalty in a capital felony is 27 unconstitutional; repealing ss. 913.13, 921.137, 28 921.141, and 921.142, F.S., relating to jurors in 29 capital cases, prohibiting the imposition of the death 30 sentence upon a defendant with an intellectual 31 disability, determination of whether to impose a 32 sentence of death or life imprisonment for a capital 33 felony, determination of whether to impose a sentence 34 of death or life imprisonment for a capital drug 35 trafficking felony; amending ss. 394.912, 775.021, 36 775.30, 782.04, 782.065, 794.011, 893.135, 944.275, 37 and 948.012, F.S.; conforming provisions to changes 38 made by the act; repealing ss. 922.052, 922.06, 39 922.07, 922.08, 922.095, 922.10, 922.105, 922.108, 40 922.11, 922.111, 922.12, 922.14, 922.15, 924.055, 41 924.056, and 924.057, F.S., relating to issuance of 42 warrant of execution, stay of execution of death 43 sentence, proceedings when a person under sentence of 44 death appears to be insane, proceedings when person 45 under sentence of death appears to be pregnant, 46 pursuit of collateral remedies, execution of death 47 sentence, prohibition against reduction of death 48 sentence as a result of determination that a method of 49 execution is unconstitutional, sentencing orders in 50 capital cases, regulation of execution, transfer to 51 state prison for safekeeping before death warrant 52 issued, return of warrant of execution issued by the 53 Governor, sentence of death unexecuted for 54 unjustifiable reasons, return of warrant of execution 55 issued by the Supreme Court, legislative intent 56 concerning appeals and postconviction proceedings in 57 death penalty cases, commencement of capital 58 postconviction actions for which sentence of death is 59 imposed on or after a certain date, and limitation on 60 postconviction cases in which the death sentence was 61 imposed before a certain date; amending s. 925.11, 62 F.S.; deleting provisions relating to preservation of 63 DNA evidence in death penalty cases; amending s. 64 945.10, F.S.; deleting a public records exemption for 65 the identity of executioners; amending ss. 316.3026, 66 373.409, 373.430, 376.302, 403.161, 448.09, 504.013, 67 648.571, 775.261, 787.06, 794.0115, 800.04, 907.041, 68 921.1401, 921.1402, 944.17, 944.608, 944.609, and 69 944.705, F.S.; conforming cross-references; providing 70 an effective date. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. Paragraph (a) of subsection (1) and subsection 75 (2) of section 775.082, Florida Statutes, are amended to read: 76 775.082 Penalties; applicability of sentencing structures; 77 mandatory minimum sentences for certain reoffenders previously 78 released from prison.— 79 (1)(a)Except as provided in paragraph (b),A person who 80 has been convicted of a capital felony shall be punished by 81death if the proceeding held to determine sentence according to82the procedure set forth in s. 921.141 results in a determination83that such person shall be punished by death, otherwise such84person shall be punished bylife imprisonment and shall be 85 ineligible for parole. 86(2)In the event the death penalty in a capital felony is87held to be unconstitutional by the Florida Supreme Court or the88United States Supreme Court, the court having jurisdiction over89a person previously sentenced to death for a capital felony90shall cause such person to be brought before the court, and the91court shall sentence such person to life imprisonment as92provided in subsection (1). No sentence of death shall be93reduced as a result of a determination that a method of94execution is held to be unconstitutional under the State95Constitution or the Constitution of the United States.96 Section 2. Subsection (1) of section 27.51, Florida 97 Statutes, is amended to read: 98 27.51 Duties of public defender.— 99 (1) The public defender shall represent, without additional 100 compensation, any person determined to be indigent under s. 101 27.52 and: 102 (a) Under arrest for, or charged with, a felony; 103 (b) Under arrest for, or charged with: 104 1. A misdemeanor authorized for prosecution by the state 105 attorney; 106 2. A violation of chapter 316 punishable by imprisonment; 107 3. Criminal contempt; or 108 4. A violation of a special law or county or municipal 109 ordinance ancillary to a state charge, or if not ancillary to a 110 state charge, only if the public defender contracts with the 111 county or municipality to provide representation pursuant to ss. 112 27.54 and 125.69. 113 114 The public defender shall not provide representation pursuant to 115 this paragraph if the court, prior to trial, files in the cause 116 an order of no imprisonment as provided in s. 27.512; 117 (c) Alleged to be a delinquent child pursuant to a petition 118 filed before a circuit court; 119 (d) Sought by petition filed in such court to be 120 involuntarily placed as a mentally ill person under part I of 121 chapter 394, involuntarily committed as a sexually violent 122 predator under part V of chapter 394, or involuntarily admitted 123 to residential services as a person with developmental 124 disabilities under chapter 393. A public defender shall not 125 represent any plaintiff in a civil action brought under the 126 Florida Rules of Civil Procedure, the Federal Rules of Civil 127 Procedure, or the federal statutes, or represent a petitioner in 128 a rule challenge under chapter 120, unless specifically 129 authorized by statute; or 130(e)Convicted and sentenced to death, for purposes of131handling an appeal to the Supreme Court; or132 (e)(f)Is appealing a matter in a case arising under 133 paragraphs (a)-(d). 134 Section 3. Subsections (5) and (8) of section 27.511, 135 Florida Statutes, are amended to read: 136 27.511 Offices of criminal conflict and civil regional 137 counsel; legislative intent; qualifications; appointment; 138 duties.— 139 (5) When the Office of the Public Defender, at any time 140 during the representation of two or more defendants, determines 141 that the interests of those accused are so adverse or hostile 142 that they cannot all be counseled by the public defender or his 143 or her staff without a conflict of interest, or that none can be 144 counseled by the public defender or his or her staff because of 145 a conflict of interest, and the court grants the public 146 defender’s motion to withdraw, the office of criminal conflict 147 and civil regional counsel shall be appointed and shall provide 148 legal services, without additional compensation, to any person 149 determined to be indigent under s. 27.52, who is: 150 (a) Under arrest for, or charged with, a felony; 151 (b) Under arrest for, or charged with: 152 1. A misdemeanor authorized for prosecution by the state 153 attorney; 154 2. A violation of chapter 316 punishable by imprisonment; 155 3. Criminal contempt; or 156 4. A violation of a special law or county or municipal 157 ordinance ancillary to a state charge or, if not ancillary to a 158 state charge, only if the office of criminal conflict and civil 159 regional counsel contracts with the county or municipality to 160 provide representation pursuant to ss. 27.54 and 125.69. 161 162 The office of criminal conflict and civil regional counsel may 163 not provide representation pursuant to this paragraph if the 164 court, prior to trial, files in the cause an order of no 165 imprisonment as provided in s. 27.512; 166 (c) Alleged to be a delinquent child pursuant to a petition 167 filed before a circuit court; 168 (d) Sought by petition filed in such court to be 169 involuntarily placed as a mentally ill person under part I of 170 chapter 394, involuntarily committed as a sexually violent 171 predator under part V of chapter 394, or involuntarily admitted 172 to residential services as a person with developmental 173 disabilities under chapter 393; 174(e)Convicted and sentenced to death, for purposes of175handling an appeal to the Supreme Court;176 (e)(f)Appealing a matter in a case arising under 177 paragraphs (a)-(d); or 178 (f)(g)Seeking correction, reduction, or modification of a 179 sentence under Rule 3.800, Florida Rules of Criminal Procedure, 180 or seeking postconviction relief under Rule 3.850, Florida Rules 181 of Criminal Procedure, if, in either case, the court determines 182 that appointment of counsel is necessary to protect a person’s 183 due process rights. 184 (8) The public defender for the judicial circuit specified 185 in s. 27.51(4) shall, after the record on appeal is transmitted 186 to the appellate court by the office of criminal conflict and 187 civil regional counsel which handled the trial and if requested 188 by the regional counsel for the indicated appellate district, 189 handle all circuit court and county court appeals authorized 190 pursuant to paragraph (5)(e)(5)(f)within the state courts 191 system and any authorized appeals to the federal courts required 192 of the official making the request. If the public defender 193 certifies to the court that the public defender has a conflict 194 consistent with the criteria prescribed in s. 27.5303 and moves 195 to withdraw, the regional counsel shall handle the appeal, 196 unless the regional counsel has a conflict, in which case the 197 court shall appoint private counsel pursuant to s. 27.40. 198 Section 4. Subsection (13) of section 27.5304, Florida 199 Statutes, is amended to read: 200 27.5304 Private court-appointed counsel; compensation; 201 notice.— 202 (13) Notwithstanding the limitation set forth in subsection 203 (5) and for the 2020-2021 fiscal year only, the compensation for 204 representation in a criminal proceeding may not exceed the 205 following: 206 (a) For misdemeanors and juveniles represented at the trial 207 level: $1,000. 208 (b) For noncapital, nonlife felonies represented at the 209 trial level: $15,000. 210 (c) For life felonies represented at the trial level: 211 $15,000. 212(d)For capital cases represented at the trial level:213$25,000. For purposes of this paragraph, a “capital case” is any214offense for which the potential sentence is death and the state215has not waived seeking the death penalty.216 (d)(e)For representation on appeal: $9,000. 217 (e)(f)This subsection expires July 1, 2021. 218 Section 5. Sections 27.7001, 27.7002, 27.701, 27.702, 219 27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708, 220 27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes, 221 are repealed. 222 Section 6. Subsection (1) of section 23.21, Florida 223 Statutes, is amended to read: 224 23.21 Definitions.—For purposes of this part: 225 (1) “Department” means a principal administrative unit 226 within the executive branch of state government as defined in 227 chapter 20 and includes the State Board of Administration, the 228 Executive Office of the Governor, the Fish and Wildlife 229 Conservation Commission, the Florida Commission on Offender 230 Review, the Agency for Health Care Administration, the State 231 Board of Education, the Board of Governors of the State 232 University System, the Justice Administrative Commission,the233capital collateral regional counsel,and separate budget 234 entities placed for administrative purposes within a department. 235 Section 7. Subsection (5) of section 27.51, Florida 236 Statutes, is amended to read: 237 27.51 Duties of public defender.— 238 (5)(a)When direct appellate proceedings prosecuted by a239public defender on behalf of an accused and challenging a240judgment of conviction and sentence of death terminate in an241affirmance of such conviction and sentence, whether by the242Florida Supreme Court or by the United States Supreme Court or243by expiration of any deadline for filing such appeal in a state244or federal court, the public defender shall notify the accused245of his or her rights pursuant to Rule 3.851, Florida Rules of246Criminal Procedure, including any time limits pertinent thereto,247and shall advise such person that representation in any248collateral proceedings is the responsibility of the capital249collateral regional counsel. The public defender shall then250forward all original files on the matter to the capital251collateral regional counsel, retaining such copies for his or252her files as may be desired.253(b)It is the intent of the Legislature that any public 254 defender representing an inmate in any collateral proceedings in 255 any court on June 24, 1985, shall continue representation of 256 that inmate in all postconviction proceedings unless relieved of 257 responsibility from further representation by the court. 258 Section 8. Subsection (9) of section 27.511, Florida 259 Statutes, is amended to read: 260 27.511 Offices of criminal conflict and civil regional 261 counsel; legislative intent; qualifications; appointment; 262 duties.— 263(9)When direct appellate proceedings prosecuted by the264office of criminal conflict and civil regional counsel on behalf265of an accused and challenging a judgment of conviction and266sentence of death terminate in an affirmance of such conviction267and sentence, whether by the Supreme Court or by the United268States Supreme Court or by expiration of any deadline for filing269such appeal in a state or federal court, the office of criminal270conflict and civil regional counsel shall notify the accused of271his or her rights pursuant to Rule 3.851, Florida Rules of272Criminal Procedure, including any time limits pertinent thereto,273and shall advise such person that representation in any274collateral proceedings is the responsibility of the capital275collateral regional counsel. The office of criminal conflict and276civil regional counsel shall forward all original files on the277matter to the capital collateral regional counsel, retaining278such copies for his or her files as may be desired or required279by law.280 Section 9. Paragraph (a) of subsection (5) and subsections 281 (6) and (7) of section 43.16, Florida Statutes, are amended to 282 read: 283 43.16 Justice Administrative Commission; membership, powers 284 and duties.— 285 (5) The duties of the commission shall include, but not be 286 limited to, the following: 287 (a) The maintenance of a central state office for 288 administrative services and assistance when possible to and on 289 behalf of the state attorneys and public defenders of Florida, 290the capital collateral regional counsel of Florida,the criminal 291 conflict and civil regional counsel, and the Guardian Ad Litem 292 Program. 293 (6) The commission, each state attorney, each public 294 defender, the criminal conflict and civil regional counsel,the295capital collateral regional counsel,and the Guardian Ad Litem 296 Program shall establish and maintain internal controls designed 297 to: 298 (a) Prevent and detect fraud, waste, and abuse as defined 299 in s. 11.45(1). 300 (b) Promote and encourage compliance with applicable laws, 301 rules, contracts, grant agreements, and best practices. 302 (c) Support economical and efficient operations. 303 (d) Ensure reliability of financial records and reports. 304 (e) Safeguard assets. 305 (7) The provisions contained in this section shall be 306 supplemental to those of chapter 27, relating to state 307 attorneys, public defenders, and criminal conflict and civil 308 regional counsel, and capital collateral regional counsel; to 309 those of chapter 39, relating to the Guardian Ad Litem Program; 310 or to other laws pertaining hereto. 311 Section 10. Paragraph (e) of subsection (13) of section 312 112.0455, Florida Statutes, is amended to read: 313 112.0455 Drug-Free Workplace Act.— 314 (13) RULES.— 315 (e) The Justice Administrative Commission may adopt rules 316 on behalf of the state attorneys and public defenders of 317 Florida, the capital collateral regional counsel,and the 318 Judicial Qualifications Commission. 319 320 This section shall not be construed to eliminate the bargainable 321 rights as provided in the collective bargaining process where 322 applicable. 323 Section 11. Paragraph (d) of subsection (1) of section 324 119.071, Florida Statutes, is amended to read: 325 119.071 General exemptions from inspection or copying of 326 public records.— 327 (1) AGENCY ADMINISTRATION.— 328 (d)1. A public record that was prepared by an agency 329 attorney (including an attorney employed or retained by the 330 agency or employed or retained by another public officer or 331 agency to protect or represent the interests of the agency 332 having custody of the record) or prepared at the attorney’s 333 express direction, that reflects a mental impression, 334 conclusion, litigation strategy, or legal theory of the attorney 335 or the agency, and that was prepared exclusively for civil or 336 criminal litigation or for adversarial administrative 337 proceedings, or that was prepared in anticipation of imminent 338 civil or criminal litigation or imminent adversarial 339 administrative proceedings, is exempt from s. 119.07(1) and s. 340 24(a), Art. I of the State Constitution until the conclusion of 341 the litigation or adversarial administrative proceedings.For342purposes of capital collateral litigation as set forth in s.34327.7001, the Attorney General’s office is entitled to claim this344exemption for those public records prepared for direct appeal as345well as for all capital collateral litigation after direct346appeal until execution of sentence or imposition of a life347sentence.348 2. This exemption is not waived by the release of such 349 public record to another public employee or officer of the same 350 agency or any person consulted by the agency attorney. When 351 asserting the right to withhold a public record pursuant to this 352 paragraph, the agency shall identify the potential parties to 353 any such criminal or civil litigation or adversarial 354 administrative proceedings. If a court finds that the document 355 or other record has been improperly withheld under this 356 paragraph, the party seeking access to such document or record 357 shall be awarded reasonable attorney’s fees and costs in 358 addition to any other remedy ordered by the court. 359 Section 12. Subsection (6) of section 186.003, Florida 360 Statutes, is amended to read: 361 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901. 362 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 363 (6) “State agency” or “agency” means any official, officer, 364 commission, board, authority, council, committee, or department 365 of the executive branch of state government. For purposes of 366 this chapter, “state agency” or “agency” includes state 367 attorneys, public defenders,the capital collateral regional368counsel,the Justice Administrative Commission, and the Public 369 Service Commission. 370 Section 13. Paragraph (b) of subsection (2) of section 371 215.89, Florida Statutes, is amended to read: 372 215.89 Charts of account.— 373 (2) DEFINITIONS.—As used in this section, the term: 374 (b) “State agency” means an official, officer, commission, 375 board, authority, council, committee, or department of the 376 executive branch; a state attorney, public defender, or criminal 377 conflict and civil regional counsel, or capital collateral378regional counsel; the Florida Clerks of Court Operations 379 Corporation; the Justice Administrative Commission; the Florida 380 Housing Finance Corporation; the Florida Public Service 381 Commission; the State Board of Administration; the Supreme Court 382 or a district court of appeal, circuit court, or county court; 383 or the Judicial Qualifications Commission. 384 Section 14. Paragraph (h) of subsection (14) of section 385 215.985, Florida Statutes, is amended to read: 386 215.985 Transparency in government spending.— 387 (14) The Chief Financial Officer shall establish and 388 maintain a secure contract tracking system available for viewing 389 and downloading by the public through a secure website. The 390 Chief Financial Officer shall use appropriate Internet security 391 measures to ensure that no person has the ability to alter or 392 modify records available on the website. 393 (h) For purposes of this subsection, the term: 394 1. “Procurement document” means any document or material 395 provided to the public or any vendor as part of a formal 396 competitive solicitation of goods or services undertaken by a 397 state entity, and a document or material submitted in response 398 to a formal competitive solicitation by any vendor who is 399 awarded the resulting contract. 400 2. “State entity” means an official, officer, commission, 401 board, authority, council, committee, or department of the 402 executive branch of state government; a state attorney, public 403 defender, criminal conflict and civil regional counsel,capital404collateral regional counsel,and the Justice Administrative 405 Commission; the Public Service Commission; and any part of the 406 judicial branch of state government. 407 Section 15. Paragraph (qq) of subsection (1) of section 408 216.011, Florida Statutes, is amended to read: 409 216.011 Definitions.— 410 (1) For the purpose of fiscal affairs of the state, 411 appropriations acts, legislative budgets, and approved budgets, 412 each of the following terms has the meaning indicated: 413 (qq) “State agency” or “agency” means any official, 414 officer, commission, board, authority, council, committee, or 415 department of the executive branch of state government. For 416 purposes of this chapter and chapter 215, “state agency” or 417 “agency” includes, but is not limited to, state attorneys, 418 public defenders, criminal conflict and civil regional counsel, 419capital collateral regional counsel,the Justice Administrative 420 Commission, the Florida Housing Finance Corporation, and the 421 Florida Public Service Commission. Solely for the purposes of 422 implementing s. 19(h), Art. III of the State Constitution, the 423 terms “state agency” or “agency” include the judicial branch. 424 Section 16. Subsection (3) of section 790.25, Florida 425 Statutes, is amended to read: 426 790.25 Lawful ownership, possession, and use of firearms 427 and other weapons.— 428 (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 429 do not apply in the following instances, and, despite such 430 sections, it is lawful for the following persons to own, 431 possess, and lawfully use firearms and other weapons, 432 ammunition, and supplies for lawful purposes: 433 (a) Members of the Militia, National Guard, Florida State 434 Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, 435 organized reserves, and other armed forces of the state and of 436 the United States, when on duty, when training or preparing 437 themselves for military duty, or while subject to recall or 438 mobilization; 439 (b) Citizens of this state subject to duty in the Armed 440 Forces under s. 2, Art. X of the State Constitution, under 441 chapters 250 and 251, and under federal laws, when on duty or 442 when training or preparing themselves for military duty; 443 (c) Persons carrying out or training for emergency 444 management duties under chapter 252; 445 (d) Sheriffs, marshals, prison or jail wardens, police 446 officers, Florida highway patrol officers, game wardens, revenue 447 officers, forest officials, special officers appointed under the 448 provisions of chapter 354, and other peace and law enforcement 449 officers and their deputies and assistants and full-time paid 450 peace officers of other states and of the Federal Government who 451 are carrying out official duties while in this state; 452 (e) Officers or employees of the state or United States 453 duly authorized to carry a concealed weapon; 454 (f) Guards or messengers of common carriers, express 455 companies, armored car carriers, mail carriers, banks, and other 456 financial institutions, while actually employed in and about the 457 shipment, transportation, or delivery of any money, treasure, 458 bullion, bonds, or other thing of value within this state; 459 (g) Regularly enrolled members of any organization duly 460 authorized to purchase or receive weapons from the United States 461 or from this state, or regularly enrolled members of clubs 462 organized for target, skeet, or trap shooting, while at or going 463 to or from shooting practice; or regularly enrolled members of 464 clubs organized for modern or antique firearms collecting, while 465 such members are at or going to or from their collectors’ gun 466 shows, conventions, or exhibits; 467 (h) A person engaged in fishing, camping, or lawful hunting 468 or going to or returning from a fishing, camping, or lawful 469 hunting expedition; 470 (i) A person engaged in the business of manufacturing, 471 repairing, or dealing in firearms, or the agent or 472 representative of any such person while engaged in the lawful 473 course of such business; 474 (j) A person firing weapons for testing or target practice 475 under safe conditions and in a safe place not prohibited by law 476 or going to or from such place; 477 (k) A person firing weapons in a safe and secure indoor 478 range for testing and target practice; 479 (l) A person traveling by private conveyance when the 480 weapon is securely encased or in a public conveyance when the 481 weapon is securely encased and not in the person’s manual 482 possession; 483 (m) A person while carrying a pistol unloaded and in a 484 secure wrapper, concealed or otherwise, from the place of 485 purchase to his or her home or place of business or to a place 486 of repair or back to his or her home or place of business; 487 (n) A person possessing arms at his or her home or place of 488 business; 489 (o) Investigators employed by the several public defenders 490 of the state, while actually carrying out official duties, 491 provided such investigators: 492 1. Are employed full time; 493 2. Meet the official training standards for firearms 494 established by the Criminal Justice Standards and Training 495 Commission as provided in s. 943.12(5) and the requirements of 496 ss. 493.6108(1)(a) and 943.13(1)-(4); and 497 3. Are individually designated by an affidavit of consent 498 signed by the employing public defender and filed with the clerk 499 of the circuit court in the county in which the employing public 500 defender resides; and.501(p) Investigators employed by the capital collateral502regional counsel, while actually carrying out official duties,503provided such investigators:5041. Are employed full time;5052. Meet the official training standards for firearms as506established by the Criminal Justice Standards and Training507Commission as provided in s. 943.12(1) and the requirements of508ss. 493.6108(1)(a) and 943.13(1)-(4); and5093. Are individually designated by an affidavit of consent510signed by the capital collateral regional counsel and filed with511the clerk of the circuit court in the county in which the512investigator is headquartered.513 (p)(q)1. A tactical medical professional who is actively 514 operating in direct support of a tactical operation by a law 515 enforcement agency provided that: 516 a. The tactical medical professional is lawfully able to 517 possess firearms and has an active concealed weapons permit 518 issued pursuant to s. 790.06. 519 b. The tactical medical professional is appointed to a law 520 enforcement tactical team of a law enforcement agency by the 521 head of the law enforcement agency. 522 c. The law enforcement agency has an established policy 523 providing for the appointment, training, and deployment of the 524 tactical medical professional. 525 d. The tactical medical professional successfully completes 526 a firearms safety training and tactical training as established 527 or designated by the appointing law enforcement agency. 528 e. The law enforcement agency provides and the tactical 529 medical professional participates in annual firearm training and 530 tactical training. 531 2. While actively operating in direct support of a tactical 532 operation by a law enforcement agency, a tactical medical 533 professional: 534 a. May carry a firearm in the same manner as a law 535 enforcement officer, as defined in s. 943.10 and, 536 notwithstanding any other law, at any place a tactical law 537 enforcement operation occurs. 538 b. Has no duty to retreat and is justified in the use of 539 any force which he or she reasonably believes is necessary to 540 defend himself or herself or another from bodily harm. 541 c. Has the same immunities and privileges as a law 542 enforcement officer, as defined in s. 943.10, in a civil or 543 criminal action arising out of a tactical law enforcement 544 operation when acting within the scope of his or her official 545 duties. 546 3. This paragraph may not be construed to authorize a 547 tactical medical professional to carry, transport, or store any 548 firearm or ammunition on any fire apparatus or EMS vehicle. 549 4. The appointing law enforcement agency shall issue any 550 firearm or ammunition that the tactical medical professional 551 carries in accordance with this paragraph. 552 5. For the purposes of this paragraph, the term “tactical 553 medical professional” means a paramedic, as defined in s. 554 401.23, a physician, as defined in s. 458.305, or an osteopathic 555 physician, as defined in s. 459.003, who is appointed to provide 556 direct support to a tactical law enforcement unit by providing 557 medical services at high-risk incidents, including, but not 558 limited to, hostage incidents, narcotics raids, hazardous 559 surveillance, sniper incidents, armed suicidal persons, 560 barricaded suspects, high-risk felony warrant service, fugitives 561 refusing to surrender, and active shooter incidents. 562 Section 17. Subsection (1) of section 775.15, Florida 563 Statutes, is amended to read: 564 775.15 Time limitations; general time limitations; 565 exceptions.— 566 (1) A prosecution for a capital felony, a life felony, or a 567 felony that resulted in a death may be commenced at any time.If568the death penalty is held to be unconstitutional by the Florida569Supreme Court or the United States Supreme Court, all crimes570designated as capital felonies shall be considered life felonies571for the purposes of this section, and prosecution for such572crimes may be commenced at any time.573 Section 18. Subsection (4) of section 790.161, Florida 574 Statutes, is amended to read: 575 790.161 Making, possessing, throwing, projecting, placing, 576 or discharging any destructive device or attempt so to do, 577 felony; penalties.—A person who willfully and unlawfully makes, 578 possesses, throws, projects, places, discharges, or attempts to 579 make, possess, throw, project, place, or discharge any 580 destructive device: 581 (4) If the act results in the death of another person, 582 commits a capital felony, punishable as provided in s. 775.082. 583In the event the death penalty in a capital felony is held to be584unconstitutional by the Florida Supreme Court or the United585States Supreme Court, the court having jurisdiction over a586person previously sentenced to death for a capital felony shall587cause such person to be brought before the court, and the court588shall sentence such person to life imprisonment if convicted of589murder in the first degree or of a capital felony under this590subsection, and such person shall be ineligible for parole. No591sentence of death shall be reduced as a result of a592determination that a method of execution is held to be593unconstitutional under the State Constitution or the594Constitution of the United States.595 Section 19. Sections 913.13, 921.137, 921.141, and 921.142, 596 Florida Statutes, are repealed. 597 Section 20. Subsection (9) of section 394.912, Florida 598 Statutes, is amended to read: 599 394.912 Definitions.—As used in this part, the term: 600 (9) “Sexually violent offense” means: 601 (a) Murder of a human being while engaged in sexual battery 602 in violation of s. 782.04(1)(b)s. 782.04(1)(a)2.; 603 (b) Kidnapping of a child under the age of 13 and, in the 604 course of that offense, committing: 605 1. Sexual battery; or 606 2. A lewd, lascivious, or indecent assault or act upon or 607 in the presence of the child; 608 (c) Committing the offense of false imprisonment upon a 609 child under the age of 13 and, in the course of that offense, 610 committing: 611 1. Sexual battery; or 612 2. A lewd, lascivious, or indecent assault or act upon or 613 in the presence of the child; 614 (d) Sexual battery in violation of s. 794.011; 615 (e) Lewd, lascivious, or indecent assault or act upon or in 616 presence of the child in violation of s. 800.04 or s. 617 847.0135(5); 618 (f) An attempt, criminal solicitation, or conspiracy, in 619 violation of s. 777.04, of a sexually violent offense; 620 (g) Any conviction for a felony offense in effect at any 621 time before October 1, 1998, which is comparable to a sexually 622 violent offense under paragraphs (a)-(f) or any federal 623 conviction or conviction in another state for a felony offense 624 that in this state would be a sexually violent offense; 625 (h) Any criminal act that, either at the time of sentencing 626 for the offense or subsequently during civil commitment 627 proceedings under this part, has been determined beyond a 628 reasonable doubt to have been sexually motivated; or 629 (i) A criminal offense in which the state attorney refers a 630 person to the department for civil commitment proceedings 631 pursuant to s. 394.9125. 632 Section 21. Paragraph (c) of subsection (5) of section 633 775.021, Florida Statutes, is amended to read: 634 775.021 Rules of construction.— 635 (5) Whoever commits an act that violates a provision of 636 this code or commits a criminal offense defined by another 637 statute and thereby causes the death of, or bodily injury to, an 638 unborn child commits a separate offense if the provision or 639 statute does not otherwise specifically provide a separate 640 offense for such death or injury to an unborn child. 641(c)Notwithstanding any other provision of law, the death642penalty may not be imposed for an offense under this subsection.643 Section 22. Subsection (2) of section 775.30, Florida 644 Statutes, is amended to read: 645 775.30 Terrorism; defined; penalties.— 646 (2) A person who violates s. 782.04(1)(a)s. 782.04(1)(a)1.647 or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 648 784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, 649 s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 650 790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s. 651 815.061, s. 859.01, or s. 876.34, in furtherance of intimidating 652 or coercing the policy of a government, or in furtherance of 653 affecting the conduct of a government by mass destruction, 654 assassination, or kidnapping, commits the crime of terrorism, a 655 felony of the first degree, punishable as provided in s. 656 775.082, s. 775.083, or s. 775.084. 657 Section 23. Subsection (1) of section 782.04, Florida 658 Statutes, is amended to read: 659 782.04 Murder.— 660 (1)(a)The unlawful killing of a human being: 661 (a)1.When perpetrated from a premeditated design to effect 662 the death of the person killed or any human being; 663 (b)2.When committed by a person engaged in the 664 perpetration of, or in the attempt to perpetrate, any: 665 1.a.Trafficking offense prohibited by s. 893.135(1), 666 2.b.Arson, 667 3.c.Sexual battery, 668 4.d.Robbery, 669 5.e.Burglary, 670 6.f.Kidnapping, 671 7.g.Escape, 672 8.h.Aggravated child abuse, 673 9.i.Aggravated abuse of an elderly person or disabled 674 adult, 675 10.j.Aircraft piracy, 676 11.k.Unlawful throwing, placing, or discharging of a 677 destructive device or bomb, 678 12.l.Carjacking, 679 13.m.Home-invasion robbery, 680 14.n.Aggravated stalking, 681 15.o.Murder of another human being, 682 16.p.Resisting an officer with violence to his or her 683 person, 684 17.q.Aggravated fleeing or eluding with serious bodily 685 injury or death, 686 18.r.Felony that is an act of terrorism or is in 687 furtherance of an act of terrorism, including a felony under s. 688 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or 689 19.s.Human trafficking; or 690 (c)3.Which resulted from the unlawful distribution by a 691 person 18 years of age or older of any of the following 692 substances, or mixture containing any of the following 693 substances, when such substance or mixture is proven to be the 694 proximate cause of the death of the user: 695 1.a.A substance controlled under s. 893.03(1); 696 2.b.Cocaine, as described in s. 893.03(2)(a)4.; 697 3.c.Opium or any synthetic or natural salt, compound, 698 derivative, or preparation of opium; 699 4.d.Methadone; 700 5.e.Alfentanil, as described in s. 893.03(2)(b)1.; 701 6.f.Carfentanil, as described in s. 893.03(2)(b)6.; 702 7.g.Fentanyl, as described in s. 893.03(2)(b)9.; 703 8.h.Sufentanil, as described in s. 893.03(2)(b)30.; or 704 9.i.A controlled substance analog, as described in s. 705 893.0356, of any substance specified in subparagraphs 1.-8.sub706subparagraphs a.-h., 707 708 is murder in the first degree and constitutes a capital felony, 709 punishable as provided in s. 775.082. 710(b)In all cases under this section, the procedure set711forth in s. 921.141 shall be followed in order to determine712sentence of death or life imprisonment. If the prosecutor713intends to seek the death penalty, the prosecutor must give714notice to the defendant and file the notice with the court715within 45 days after arraignment. The notice must contain a list716of the aggravating factors the state intends to prove and has717reason to believe it can prove beyond a reasonable doubt. The718court may allow the prosecutor to amend the notice upon a719showing of good cause.720 Section 24. Section 782.065, Florida Statutes, is amended 721 to read: 722 782.065 Murder; law enforcement officer, correctional 723 officer, correctional probation officer.—Notwithstanding ss. 724 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 725 shall be sentenced to life imprisonment without eligibility for 726 release upon findings by the trier of fact that, beyond a 727 reasonable doubt: 728 (1) The defendant committed murder in the first degree in 729 violation of s. 782.04(1) and a death sentence was not imposed; 730 murder in the second or third degree in violation of s. 731 782.04(2), (3), or (4); attempted murder in the first or second 732 degree in violation of s. 782.04(1)(a)s. 782.04(1)(a)1.or (2); 733 or attempted felony murder in violation of s. 782.051; and 734 (2) The victim of any offense described in subsection (1) 735 was a law enforcement officer, part-time law enforcement 736 officer, auxiliary law enforcement officer, correctional 737 officer, part-time correctional officer, auxiliary correctional 738 officer, correctional probation officer, part-time correctional 739 probation officer, or auxiliary correctional probation officer, 740 as those terms are defined in s. 943.10, engaged in the lawful 741 performance of a legal duty. 742 Section 25. Paragraph (a) of subsection (2) of section 743 794.011, Florida Statutes, is amended to read: 744 794.011 Sexual battery.— 745 (2)(a) A person 18 years of age or older who commits sexual 746 battery upon, or in an attempt to commit sexual battery injures 747 the sexual organs of, a person less than 12 years of age commits 748 a capital felony, punishable as provided in s. 775.082ss.749775.082 and 921.141. 750 Section 26. Paragraphs (b) through (l) and paragraph (n) of 751 subsection (1) of section 893.135, Florida Statutes, are amended 752 to read: 753 893.135 Trafficking; mandatory sentences; suspension or 754 reduction of sentences; conspiracy to engage in trafficking.— 755 (1) Except as authorized in this chapter or in chapter 499 756 and notwithstanding the provisions of s. 893.13: 757 (b)1. Any person who knowingly sells, purchases, 758 manufactures, delivers, or brings into this state, or who is 759 knowingly in actual or constructive possession of, 28 grams or 760 more of cocaine, as described in s. 893.03(2)(a)4., or of any 761 mixture containing cocaine, but less than 150 kilograms of 762 cocaine or any such mixture, commits a felony of the first 763 degree, which felony shall be known as “trafficking in cocaine,” 764 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 765 If the quantity involved: 766 a. Is 28 grams or more, but less than 200 grams, such 767 person shall be sentenced to a mandatory minimum term of 768 imprisonment of 3 years, and the defendant shall be ordered to 769 pay a fine of $50,000. 770 b. Is 200 grams or more, but less than 400 grams, such 771 person shall be sentenced to a mandatory minimum term of 772 imprisonment of 7 years, and the defendant shall be ordered to 773 pay a fine of $100,000. 774 c. Is 400 grams or more, but less than 150 kilograms, such 775 person shall be sentenced to a mandatory minimum term of 776 imprisonment of 15 calendar years and pay a fine of $250,000. 777 2. Any person who knowingly sells, purchases, manufactures, 778 delivers, or brings into this state, or who is knowingly in 779 actual or constructive possession of, 150 kilograms or more of 780 cocaine, as described in s. 893.03(2)(a)4., commits the first 781 degree felony of trafficking in cocaine. A person who has been 782 convicted of the first degree felony of trafficking in cocaine 783 under this subparagraph shall be punished by life imprisonment 784 and is ineligible for any form of discretionary early release 785 except pardon or executive clemency or conditional medical 786 release under s. 947.149. However, if the court determines that, 787 in addition to committing any act specified in this paragraph: 788 a. The person intentionally killed an individual or 789 counseled, commanded, induced, procured, or caused the 790 intentional killing of an individual and such killing was the 791 result; or 792 b. The person’s conduct in committing that act led to a 793 natural, though not inevitable, lethal result, 794 795 such person commits the capital felony of trafficking in 796 cocaine, punishable as provided in s. 775.082ss. 775.082 and797921.142. Any person sentenced for a capital felony under this 798 paragraph shall also be sentenced to pay the maximum fine 799 provided under subparagraph 1. 800 3. Any person who knowingly brings into this state 300 801 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 802 and who knows that the probable result of such importation would 803 be the death of any person, commits capital importation of 804 cocaine, a capital felony punishable as provided in s. 775.082 805ss. 775.082 and 921.142. Any person sentenced for a capital 806 felony under this paragraph shall also be sentenced to pay the 807 maximum fine provided under subparagraph 1. 808 (c)1. A person who knowingly sells, purchases, 809 manufactures, delivers, or brings into this state, or who is 810 knowingly in actual or constructive possession of, 4 grams or 811 more of any morphine, opium, hydromorphone, or any salt, 812 derivative, isomer, or salt of an isomer thereof, including 813 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 814 (3)(c)4., or 4 grams or more of any mixture containing any such 815 substance, but less than 30 kilograms of such substance or 816 mixture, commits a felony of the first degree, which felony 817 shall be known as “trafficking in illegal drugs,” punishable as 818 provided in s. 775.082, s. 775.083, or s. 775.084. If the 819 quantity involved: 820 a. Is 4 grams or more, but less than 14 grams, such person 821 shall be sentenced to a mandatory minimum term of imprisonment 822 of 3 years and shall be ordered to pay a fine of $50,000. 823 b. Is 14 grams or more, but less than 28 grams, such person 824 shall be sentenced to a mandatory minimum term of imprisonment 825 of 15 years and shall be ordered to pay a fine of $100,000. 826 c. Is 28 grams or more, but less than 30 kilograms, such 827 person shall be sentenced to a mandatory minimum term of 828 imprisonment of 25 years and shall be ordered to pay a fine of 829 $500,000. 830 2. A person who knowingly sells, purchases, manufactures, 831 delivers, or brings into this state, or who is knowingly in 832 actual or constructive possession of, 28 grams or more of 833 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 834 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 835 grams or more of any mixture containing any such substance, 836 commits a felony of the first degree, which felony shall be 837 known as “trafficking in hydrocodone,” punishable as provided in 838 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 839 a. Is 28 grams or more, but less than 50 grams, such person 840 shall be sentenced to a mandatory minimum term of imprisonment 841 of 3 years and shall be ordered to pay a fine of $50,000. 842 b. Is 50 grams or more, but less than 100 grams, such 843 person shall be sentenced to a mandatory minimum term of 844 imprisonment of 7 years and shall be ordered to pay a fine of 845 $100,000. 846 c. Is 100 grams or more, but less than 300 grams, such 847 person shall be sentenced to a mandatory minimum term of 848 imprisonment of 15 years and shall be ordered to pay a fine of 849 $500,000. 850 d. Is 300 grams or more, but less than 30 kilograms, such 851 person shall be sentenced to a mandatory minimum term of 852 imprisonment of 25 years and shall be ordered to pay a fine of 853 $750,000. 854 3. A person who knowingly sells, purchases, manufactures, 855 delivers, or brings into this state, or who is knowingly in 856 actual or constructive possession of, 7 grams or more of 857 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 858 thereof, or 7 grams or more of any mixture containing any such 859 substance, commits a felony of the first degree, which felony 860 shall be known as “trafficking in oxycodone,” punishable as 861 provided in s. 775.082, s. 775.083, or s. 775.084. If the 862 quantity involved: 863 a. Is 7 grams or more, but less than 14 grams, such person 864 shall be sentenced to a mandatory minimum term of imprisonment 865 of 3 years and shall be ordered to pay a fine of $50,000. 866 b. Is 14 grams or more, but less than 25 grams, such person 867 shall be sentenced to a mandatory minimum term of imprisonment 868 of 7 years and shall be ordered to pay a fine of $100,000. 869 c. Is 25 grams or more, but less than 100 grams, such 870 person shall be sentenced to a mandatory minimum term of 871 imprisonment of 15 years and shall be ordered to pay a fine of 872 $500,000. 873 d. Is 100 grams or more, but less than 30 kilograms, such 874 person shall be sentenced to a mandatory minimum term of 875 imprisonment of 25 years and shall be ordered to pay a fine of 876 $750,000. 877 4.a. A person who knowingly sells, purchases, manufactures, 878 delivers, or brings into this state, or who is knowingly in 879 actual or constructive possession of, 4 grams or more of: 880 (I) Alfentanil, as described in s. 893.03(2)(b)1.; 881 (II) Carfentanil, as described in s. 893.03(2)(b)6.; 882 (III) Fentanyl, as described in s. 893.03(2)(b)9.; 883 (IV) Sufentanil, as described in s. 893.03(2)(b)30.; 884 (V) A fentanyl derivative, as described in s. 885 893.03(1)(a)62.; 886 (VI) A controlled substance analog, as described in s. 887 893.0356, of any substance described in sub-sub-subparagraphs 888 (I)-(V); or 889 (VII) A mixture containing any substance described in sub 890 sub-subparagraphs (I)-(VI), 891 892 commits a felony of the first degree, which felony shall be 893 known as “trafficking in fentanyl,” punishable as provided in s. 894 775.082, s. 775.083, or s. 775.084. 895 b. If the quantity involved under sub-subparagraph a.: 896 (I) Is 4 grams or more, but less than 14 grams, such person 897 shall be sentenced to a mandatory minimum term of imprisonment 898 of 3 years, and shall be ordered to pay a fine of $50,000. 899 (II) Is 14 grams or more, but less than 28 grams, such 900 person shall be sentenced to a mandatory minimum term of 901 imprisonment of 15 years, and shall be ordered to pay a fine of 902 $100,000. 903 (III) Is 28 grams or more, such person shall be sentenced 904 to a mandatory minimum term of imprisonment of 25 years, and 905 shall be ordered to pay a fine of $500,000. 906 5. A person who knowingly sells, purchases, manufactures, 907 delivers, or brings into this state, or who is knowingly in 908 actual or constructive possession of, 30 kilograms or more of 909 any morphine, opium, oxycodone, hydrocodone, codeine, 910 hydromorphone, or any salt, derivative, isomer, or salt of an 911 isomer thereof, including heroin, as described in s. 912 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 913 more of any mixture containing any such substance, commits the 914 first degree felony of trafficking in illegal drugs. A person 915 who has been convicted of the first degree felony of trafficking 916 in illegal drugs under this subparagraph shall be punished by 917 life imprisonment and is ineligible for any form of 918 discretionary early release except pardon or executive clemency 919 or conditional medical release under s. 947.149. However, if the 920 court determines that, in addition to committing any act 921 specified in this paragraph: 922 a. The person intentionally killed an individual or 923 counseled, commanded, induced, procured, or caused the 924 intentional killing of an individual and such killing was the 925 result; or 926 b. The person’s conduct in committing that act led to a 927 natural, though not inevitable, lethal result, 928 929 such person commits the capital felony of trafficking in illegal 930 drugs, punishable as provided in s. 775.082ss. 775.082 and931921.142. A person sentenced for a capital felony under this 932 paragraph shall also be sentenced to pay the maximum fine 933 provided under subparagraph 1. 934 6. A person who knowingly brings into this state 60 935 kilograms or more of any morphine, opium, oxycodone, 936 hydrocodone, codeine, hydromorphone, or any salt, derivative, 937 isomer, or salt of an isomer thereof, including heroin, as 938 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 939 60 kilograms or more of any mixture containing any such 940 substance, and who knows that the probable result of such 941 importation would be the death of a person, commits capital 942 importation of illegal drugs, a capital felony punishable as 943 provided in s. 775.082ss. 775.082 and 921.142. A person 944 sentenced for a capital felony under this paragraph shall also 945 be sentenced to pay the maximum fine provided under subparagraph 946 1. 947 (d)1. Any person who knowingly sells, purchases, 948 manufactures, delivers, or brings into this state, or who is 949 knowingly in actual or constructive possession of, 28 grams or 950 more of phencyclidine, as described in s. 893.03(2)(b)23., a 951 substituted phenylcyclohexylamine, as described in s. 952 893.03(1)(c)195., or a substance described in s. 953 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 954 containing phencyclidine, as described in s. 893.03(2)(b)23., a 955 substituted phenylcyclohexylamine, as described in s. 956 893.03(1)(c)195., or a substance described in s. 957 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of 958 the first degree, which felony shall be known as “trafficking in 959 phencyclidine,” punishable as provided in s. 775.082, s. 960 775.083, or s. 775.084. If the quantity involved: 961 a. Is 28 grams or more, but less than 200 grams, such 962 person shall be sentenced to a mandatory minimum term of 963 imprisonment of 3 years, and the defendant shall be ordered to 964 pay a fine of $50,000. 965 b. Is 200 grams or more, but less than 400 grams, such 966 person shall be sentenced to a mandatory minimum term of 967 imprisonment of 7 years, and the defendant shall be ordered to 968 pay a fine of $100,000. 969 c. Is 400 grams or more, such person shall be sentenced to 970 a mandatory minimum term of imprisonment of 15 calendar years 971 and pay a fine of $250,000. 972 2. Any person who knowingly brings into this state 800 973 grams or more of phencyclidine, as described in s. 974 893.03(2)(b)23., a substituted phenylcyclohexylamine, as 975 described in s. 893.03(1)(c)195., or a substance described in s. 976 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 977 containing phencyclidine, as described in s. 893.03(2)(b)23., a 978 substituted phenylcyclohexylamine, as described in s. 979 893.03(1)(c)195., or a substance described in s. 980 893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the 981 probable result of such importation would be the death of any 982 person commits capital importation of phencyclidine, a capital 983 felony punishable as provided in s. 775.082ss. 775.082 and984921.142. Any person sentenced for a capital felony under this 985 paragraph shall also be sentenced to pay the maximum fine 986 provided under subparagraph 1. 987 (e)1. Any person who knowingly sells, purchases, 988 manufactures, delivers, or brings into this state, or who is 989 knowingly in actual or constructive possession of, 200 grams or 990 more of methaqualone or of any mixture containing methaqualone, 991 as described in s. 893.03(1)(d), commits a felony of the first 992 degree, which felony shall be known as “trafficking in 993 methaqualone,” punishable as provided in s. 775.082, s. 775.083, 994 or s. 775.084. If the quantity involved: 995 a. Is 200 grams or more, but less than 5 kilograms, such 996 person shall be sentenced to a mandatory minimum term of 997 imprisonment of 3 years, and the defendant shall be ordered to 998 pay a fine of $50,000. 999 b. Is 5 kilograms or more, but less than 25 kilograms, such 1000 person shall be sentenced to a mandatory minimum term of 1001 imprisonment of 7 years, and the defendant shall be ordered to 1002 pay a fine of $100,000. 1003 c. Is 25 kilograms or more, such person shall be sentenced 1004 to a mandatory minimum term of imprisonment of 15 calendar years 1005 and pay a fine of $250,000. 1006 2. Any person who knowingly brings into this state 50 1007 kilograms or more of methaqualone or of any mixture containing 1008 methaqualone, as described in s. 893.03(1)(d), and who knows 1009 that the probable result of such importation would be the death 1010 of any person commits capital importation of methaqualone, a 1011 capital felony punishable as provided in s. 775.082ss. 775.0821012and 921.142. Any person sentenced for a capital felony under 1013 this paragraph shall also be sentenced to pay the maximum fine 1014 provided under subparagraph 1. 1015 (f)1. Any person who knowingly sells, purchases, 1016 manufactures, delivers, or brings into this state, or who is 1017 knowingly in actual or constructive possession of, 14 grams or 1018 more of amphetamine, as described in s. 893.03(2)(c)2., or 1019 methamphetamine, as described in s. 893.03(2)(c)5., or of any 1020 mixture containing amphetamine or methamphetamine, or 1021 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine 1022 in conjunction with other chemicals and equipment utilized in 1023 the manufacture of amphetamine or methamphetamine, commits a 1024 felony of the first degree, which felony shall be known as 1025 “trafficking in amphetamine,” punishable as provided in s. 1026 775.082, s. 775.083, or s. 775.084. If the quantity involved: 1027 a. Is 14 grams or more, but less than 28 grams, such person 1028 shall be sentenced to a mandatory minimum term of imprisonment 1029 of 3 years, and the defendant shall be ordered to pay a fine of 1030 $50,000. 1031 b. Is 28 grams or more, but less than 200 grams, such 1032 person shall be sentenced to a mandatory minimum term of 1033 imprisonment of 7 years, and the defendant shall be ordered to 1034 pay a fine of $100,000. 1035 c. Is 200 grams or more, such person shall be sentenced to 1036 a mandatory minimum term of imprisonment of 15 calendar years 1037 and pay a fine of $250,000. 1038 2. Any person who knowingly manufactures or brings into 1039 this state 400 grams or more of amphetamine, as described in s. 1040 893.03(2)(c)2., or methamphetamine, as described in s. 1041 893.03(2)(c)5., or of any mixture containing amphetamine or 1042 methamphetamine, or phenylacetone, phenylacetic acid, 1043 pseudoephedrine, or ephedrine in conjunction with other 1044 chemicals and equipment used in the manufacture of amphetamine 1045 or methamphetamine, and who knows that the probable result of 1046 such manufacture or importation would be the death of any person 1047 commits capital manufacture or importation of amphetamine, a 1048 capital felony punishable as provided in s. 775.082ss. 775.0821049and 921.142. Any person sentenced for a capital felony under 1050 this paragraph shall also be sentenced to pay the maximum fine 1051 provided under subparagraph 1. 1052 (g)1. Any person who knowingly sells, purchases, 1053 manufactures, delivers, or brings into this state, or who is 1054 knowingly in actual or constructive possession of, 4 grams or 1055 more of flunitrazepam or any mixture containing flunitrazepam as 1056 described in s. 893.03(1)(a) commits a felony of the first 1057 degree, which felony shall be known as “trafficking in 1058 flunitrazepam,” punishable as provided in s. 775.082, s. 1059 775.083, or s. 775.084. If the quantity involved: 1060 a. Is 4 grams or more but less than 14 grams, such person 1061 shall be sentenced to a mandatory minimum term of imprisonment 1062 of 3 years, and the defendant shall be ordered to pay a fine of 1063 $50,000. 1064 b. Is 14 grams or more but less than 28 grams, such person 1065 shall be sentenced to a mandatory minimum term of imprisonment 1066 of 7 years, and the defendant shall be ordered to pay a fine of 1067 $100,000. 1068 c. Is 28 grams or more but less than 30 kilograms, such 1069 person shall be sentenced to a mandatory minimum term of 1070 imprisonment of 25 calendar years and pay a fine of $500,000. 1071 2. Any person who knowingly sells, purchases, manufactures, 1072 delivers, or brings into this state or who is knowingly in 1073 actual or constructive possession of 30 kilograms or more of 1074 flunitrazepam or any mixture containing flunitrazepam as 1075 described in s. 893.03(1)(a) commits the first degree felony of 1076 trafficking in flunitrazepam. A person who has been convicted of 1077 the first degree felony of trafficking in flunitrazepam under 1078 this subparagraph shall be punished by life imprisonment and is 1079 ineligible for any form of discretionary early release except 1080 pardon or executive clemency or conditional medical release 1081 under s. 947.149. However, if the court determines that, in 1082 addition to committing any act specified in this paragraph: 1083 a. The person intentionally killed an individual or 1084 counseled, commanded, induced, procured, or caused the 1085 intentional killing of an individual and such killing was the 1086 result; or 1087 b. The person’s conduct in committing that act led to a 1088 natural, though not inevitable, lethal result, 1089 1090 such person commits the capital felony of trafficking in 1091 flunitrazepam, punishable as provided in s. 775.082ss. 775.0821092and 921.142. Any person sentenced for a capital felony under 1093 this paragraph shall also be sentenced to pay the maximum fine 1094 provided under subparagraph 1. 1095 (h)1. Any person who knowingly sells, purchases, 1096 manufactures, delivers, or brings into this state, or who is 1097 knowingly in actual or constructive possession of, 1 kilogram or 1098 more of gamma-hydroxybutyric acid (GHB), as described in s. 1099 893.03(1)(d), or any mixture containing gamma-hydroxybutyric 1100 acid (GHB), commits a felony of the first degree, which felony 1101 shall be known as “trafficking in gamma-hydroxybutyric acid 1102 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s. 1103 775.084. If the quantity involved: 1104 a. Is 1 kilogram or more but less than 5 kilograms, such 1105 person shall be sentenced to a mandatory minimum term of 1106 imprisonment of 3 years, and the defendant shall be ordered to 1107 pay a fine of $50,000. 1108 b. Is 5 kilograms or more but less than 10 kilograms, such 1109 person shall be sentenced to a mandatory minimum term of 1110 imprisonment of 7 years, and the defendant shall be ordered to 1111 pay a fine of $100,000. 1112 c. Is 10 kilograms or more, such person shall be sentenced 1113 to a mandatory minimum term of imprisonment of 15 calendar years 1114 and pay a fine of $250,000. 1115 2. Any person who knowingly manufactures or brings into 1116 this state 150 kilograms or more of gamma-hydroxybutyric acid 1117 (GHB), as described in s. 893.03(1)(d), or any mixture 1118 containing gamma-hydroxybutyric acid (GHB), and who knows that 1119 the probable result of such manufacture or importation would be 1120 the death of any person commits capital manufacture or 1121 importation of gamma-hydroxybutyric acid (GHB), a capital felony 1122 punishable as provided in s. 775.082ss. 775.082 and 921.142. 1123 Any person sentenced for a capital felony under this paragraph 1124 shall also be sentenced to pay the maximum fine provided under 1125 subparagraph 1. 1126 (i)1. Any person who knowingly sells, purchases, 1127 manufactures, delivers, or brings into this state, or who is 1128 knowingly in actual or constructive possession of, 1 kilogram or 1129 more of gamma-butyrolactone (GBL), as described in s. 1130 893.03(1)(d), or any mixture containing gamma-butyrolactone 1131 (GBL), commits a felony of the first degree, which felony shall 1132 be known as “trafficking in gamma-butyrolactone (GBL),” 1133 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1134 If the quantity involved: 1135 a. Is 1 kilogram or more but less than 5 kilograms, such 1136 person shall be sentenced to a mandatory minimum term of 1137 imprisonment of 3 years, and the defendant shall be ordered to 1138 pay a fine of $50,000. 1139 b. Is 5 kilograms or more but less than 10 kilograms, such 1140 person shall be sentenced to a mandatory minimum term of 1141 imprisonment of 7 years, and the defendant shall be ordered to 1142 pay a fine of $100,000. 1143 c. Is 10 kilograms or more, such person shall be sentenced 1144 to a mandatory minimum term of imprisonment of 15 calendar years 1145 and pay a fine of $250,000. 1146 2. Any person who knowingly manufactures or brings into the 1147 state 150 kilograms or more of gamma-butyrolactone (GBL), as 1148 described in s. 893.03(1)(d), or any mixture containing gamma 1149 butyrolactone (GBL), and who knows that the probable result of 1150 such manufacture or importation would be the death of any person 1151 commits capital manufacture or importation of gamma 1152 butyrolactone (GBL), a capital felony punishable as provided in 1153 s. 775.082ss. 775.082 and 921.142. Any person sentenced for a 1154 capital felony under this paragraph shall also be sentenced to 1155 pay the maximum fine provided under subparagraph 1. 1156 (j)1. Any person who knowingly sells, purchases, 1157 manufactures, delivers, or brings into this state, or who is 1158 knowingly in actual or constructive possession of, 1 kilogram or 1159 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of 1160 any mixture containing 1,4-Butanediol, commits a felony of the 1161 first degree, which felony shall be known as “trafficking in 1162 1,4-Butanediol,” punishable as provided in s. 775.082, s. 1163 775.083, or s. 775.084. If the quantity involved: 1164 a. Is 1 kilogram or more, but less than 5 kilograms, such 1165 person shall be sentenced to a mandatory minimum term of 1166 imprisonment of 3 years, and the defendant shall be ordered to 1167 pay a fine of $50,000. 1168 b. Is 5 kilograms or more, but less than 10 kilograms, such 1169 person shall be sentenced to a mandatory minimum term of 1170 imprisonment of 7 years, and the defendant shall be ordered to 1171 pay a fine of $100,000. 1172 c. Is 10 kilograms or more, such person shall be sentenced 1173 to a mandatory minimum term of imprisonment of 15 calendar years 1174 and pay a fine of $500,000. 1175 2. Any person who knowingly manufactures or brings into 1176 this state 150 kilograms or more of 1,4-Butanediol as described 1177 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, 1178 and who knows that the probable result of such manufacture or 1179 importation would be the death of any person commits capital 1180 manufacture or importation of 1,4-Butanediol, a capital felony 1181 punishable as provided in s. 775.082ss. 775.082 and 921.142. 1182 Any person sentenced for a capital felony under this paragraph 1183 shall also be sentenced to pay the maximum fine provided under 1184 subparagraph 1. 1185 (k)1. A person who knowingly sells, purchases, 1186 manufactures, delivers, or brings into this state, or who is 1187 knowingly in actual or constructive possession of, 10 grams or 1188 more of a: 1189 a. Substance described in s. 893.03(1)(c)4., 5., 10., 11., 1190 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 1191 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 1192 165., or 187.-189., a substituted cathinone, as described in s. 1193 893.03(1)(c)191., or substituted phenethylamine, as described in 1194 s. 893.03(1)(c)192.; 1195 b. Mixture containing any substance described in sub 1196 subparagraph a.; or 1197 c. Salt, isomer, ester, or ether or salt of an isomer, 1198 ester, or ether of a substance described in sub-subparagraph a., 1199 1200 commits a felony of the first degree, which felony shall be 1201 known as “trafficking in phenethylamines,” punishable as 1202 provided in s. 775.082, s. 775.083, or s. 775.084. 1203 2. If the quantity involved under subparagraph 1.: 1204 a. Is 10 grams or more, but less than 200 grams, such 1205 person shall be sentenced to a mandatory minimum term of 1206 imprisonment of 3 years and shall be ordered to pay a fine of 1207 $50,000. 1208 b. Is 200 grams or more, but less than 400 grams, such 1209 person shall be sentenced to a mandatory minimum term of 1210 imprisonment of 7 years and shall be ordered to pay a fine of 1211 $100,000. 1212 c. Is 400 grams or more, such person shall be sentenced to 1213 a mandatory minimum term of imprisonment of 15 years and shall 1214 be ordered to pay a fine of $250,000. 1215 3. A person who knowingly manufactures or brings into this 1216 state 30 kilograms or more of a substance described in sub 1217 subparagraph 1.a., a mixture described in sub-subparagraph 1.b., 1218 or a salt, isomer, ester, or ether or a salt of an isomer, 1219 ester, or ether described in sub-subparagraph 1.c., and who 1220 knows that the probable result of such manufacture or 1221 importation would be the death of any person commits capital 1222 manufacture or importation of phenethylamines, a capital felony 1223 punishable as provided in s. 775.082ss. 775.082 and 921.142. A 1224 person sentenced for a capital felony under this paragraph shall 1225 also be sentenced to pay the maximum fine under subparagraph 2. 1226 (l)1. Any person who knowingly sells, purchases, 1227 manufactures, delivers, or brings into this state, or who is 1228 knowingly in actual or constructive possession of, 1 gram or 1229 more of lysergic acid diethylamide (LSD) as described in s. 1230 893.03(1)(c), or of any mixture containing lysergic acid 1231 diethylamide (LSD), commits a felony of the first degree, which 1232 felony shall be known as “trafficking in lysergic acid 1233 diethylamide (LSD),” punishable as provided in s. 775.082, s. 1234 775.083, or s. 775.084. If the quantity involved: 1235 a. Is 1 gram or more, but less than 5 grams, such person 1236 shall be sentenced to a mandatory minimum term of imprisonment 1237 of 3 years, and the defendant shall be ordered to pay a fine of 1238 $50,000. 1239 b. Is 5 grams or more, but less than 7 grams, such person 1240 shall be sentenced to a mandatory minimum term of imprisonment 1241 of 7 years, and the defendant shall be ordered to pay a fine of 1242 $100,000. 1243 c. Is 7 grams or more, such person shall be sentenced to a 1244 mandatory minimum term of imprisonment of 15 calendar years and 1245 pay a fine of $500,000. 1246 2. Any person who knowingly manufactures or brings into 1247 this state 7 grams or more of lysergic acid diethylamide (LSD) 1248 as described in s. 893.03(1)(c), or any mixture containing 1249 lysergic acid diethylamide (LSD), and who knows that the 1250 probable result of such manufacture or importation would be the 1251 death of any person commits capital manufacture or importation 1252 of lysergic acid diethylamide (LSD), a capital felony punishable 1253 as provided in s. 775.082ss. 775.082 and 921.142. Any person 1254 sentenced for a capital felony under this paragraph shall also 1255 be sentenced to pay the maximum fine provided under subparagraph 1256 1. 1257 (n)1. A person who knowingly sells, purchases, 1258 manufactures, delivers, or brings into this state, or who is 1259 knowingly in actual or constructive possession of, 14 grams or 1260 more of: 1261 a. A substance described in s. 893.03(1)(c)164., 174., or 1262 175., a n-benzyl phenethylamine compound, as described in s. 1263 893.03(1)(c)193.; or 1264 b. A mixture containing any substance described in sub 1265 subparagraph a., 1266 1267 commits a felony of the first degree, which felony shall be 1268 known as “trafficking in n-benzyl phenethylamines,” punishable 1269 as provided in s. 775.082, s. 775.083, or s. 775.084. 1270 2. If the quantity involved under subparagraph 1.: 1271 a. Is 14 grams or more, but less than 100 grams, such 1272 person shall be sentenced to a mandatory minimum term of 1273 imprisonment of 3 years, and the defendant shall be ordered to 1274 pay a fine of $50,000. 1275 b. Is 100 grams or more, but less than 200 grams, such 1276 person shall be sentenced to a mandatory minimum term of 1277 imprisonment of 7 years, and the defendant shall be ordered to 1278 pay a fine of $100,000. 1279 c. Is 200 grams or more, such person shall be sentenced to 1280 a mandatory minimum term of imprisonment of 15 years, and the 1281 defendant shall be ordered to pay a fine of $500,000. 1282 3. A person who knowingly manufactures or brings into this 1283 state 400 grams or more of a substance described in sub 1284 subparagraph 1.a. or a mixture described in sub-subparagraph 1285 1.b., and who knows that the probable result of such manufacture 1286 or importation would be the death of any person commits capital 1287 manufacture or importation of a n-benzyl phenethylamine 1288 compound, a capital felony punishable as provided in s. 775.082 1289ss. 775.082 and 921.142. A person sentenced for a capital felony 1290 under this paragraph shall also be sentenced to pay the maximum 1291 fine under subparagraph 2. 1292 Section 27. Paragraph (e) of subsection (4) of section 1293 944.275, Florida Statutes, is amended to read: 1294 944.275 Gain-time.— 1295 (4) 1296 (e) Notwithstanding subparagraph (b)3., for sentences 1297 imposed for offenses committed on or after October 1, 2014, the 1298 department may not grant incentive gain-time if the offense is a 1299 violation of s. 782.04(1)(b)3.s. 782.04(1)(a)2.c.; s. 1300 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 1301 excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 1302 847.0135(5). 1303 Section 28. Subsection (4) and paragraph (a) of subsection 1304 (5) of section 948.012, Florida Statutes, are amended to read: 1305 948.012 Split sentence of probation or community control 1306 and imprisonment.— 1307 (4) Effective for offenses committed on or after September 1308 1, 2005, the court must impose a split sentence pursuant to 1309 subsection (1) for any person who is convicted of a life felony 1310 for lewd and lascivious molestation pursuant to s. 800.04(5)(b) 1311 if the court imposes a term of years in accordance with s. 1312 775.082(2)(a)4.a.(II)s. 775.082(3)(a)4.a.(II)rather than life 1313 imprisonment. The probation or community control portion of the 1314 split sentence imposed by the court for a defendant must extend 1315 for the duration of the defendant’s natural life and include a 1316 condition that he or she be electronically monitored. 1317 (5)(a) Effective for offenses committed on or after October 1318 1, 2014, if the court imposes a term of years in accordance with 1319 s. 775.082 which is less than the maximum sentence for the 1320 offense, the court must impose a split sentence pursuant to 1321 subsection (1) for any person who is convicted of a violation 1322 of: 1323 1. Section 782.04(1)(b)3.782.04(1)(a)2.c.; 1324 2. Section 787.01(3)(a)2. or 3.; 1325 3. Section 787.02(3)(a)2. or 3.; 1326 4. Section 794.011, excluding s. 794.011(10); 1327 5. Section 800.04; 1328 6. Section 825.1025; or 1329 7. Section 847.0135(5). 1330 Section 29. Sections 922.052, 922.06, 922.07, 922.08, 1331 922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12, 1332 922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes, 1333 are repealed. 1334 Section 30. Subsection (4) of section 925.11, Florida 1335 Statutes, is amended to read: 1336 925.11 Postsentencing DNA testing.— 1337 (4) PRESERVATION OF EVIDENCE.— 1338(a)Governmental entities that may be in possession of any 1339 physical evidence in the case, including, but not limited to, 1340 any investigating law enforcement agency, the clerk of the 1341 court, the prosecuting authority, or the Department of Law 1342 Enforcement shall maintain any physical evidence collected at 1343 the time of the crime for which a postsentencing testing of DNA 1344 may be requested. 1345(b)In a case in which the death penalty is imposed, the1346evidence shall be maintained for 60 days after execution of the1347sentence. In all other cases, a governmental entity may dispose1348of the physical evidence if the term of the sentence imposed in1349the case has expired and no other provision of law or rule1350requires that the physical evidence be preserved or retained.1351 Section 31. Paragraphs (g) of subsection (1) and subsection 1352 (2) of section 945.10, Florida Statutes, are amended to read: 1353 945.10 Confidential information.— 1354 (1) Except as otherwise provided by law or in this section, 1355 the following records and information held by the Department of 1356 Corrections are confidential and exempt from the provisions of 1357 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 1358(g)Information which identifies an executioner, or any1359person prescribing, preparing, compounding, dispensing, or1360administering a lethal injection.1361 (2) The records and information specified in paragraphs 1362 (1)(a)-(h)(1)(a)-(i)may be released as follows unless 1363 expressly prohibited by federal law: 1364 (a) Information specified in paragraphs (1)(b), (d), and 1365 (f) to the Executive Office of the Governor, the Legislature, 1366 the Florida Commission on Offender Review, the Department of 1367 Children and Families, a private correctional facility or 1368 program that operates under a contract, the Department of Legal 1369 Affairs, a state attorney, the court, or a law enforcement 1370 agency. A request for records or information pursuant to this 1371 paragraph need not be in writing. 1372 (b) Information specified in paragraphs (1)(c), (e), and 1373 (h)(i)to the Executive Office of the Governor, the 1374 Legislature, the Florida Commission on Offender Review, the 1375 Department of Children and Families, a private correctional 1376 facility or program that operates under contract, the Department 1377 of Legal Affairs, a state attorney, the court, or a law 1378 enforcement agency. A request for records or information 1379 pursuant to this paragraph must be in writing and a statement 1380 provided demonstrating a need for the records or information. 1381 (c) Information specified in paragraph (1)(b) to an 1382 attorney representing an inmate under sentence of death, except 1383 those portions of the records containing a victim’s statement or 1384 address, or the statement or address of a relative of the 1385 victim. A request for records of information pursuant to this 1386 paragraph must be in writing and a statement provided 1387 demonstrating a need for the records or information. 1388 (d) Information specified in paragraph (1)(b) to a public 1389 defender representing a defendant, except those portions of the 1390 records containing a victim’s statement or address, or the 1391 statement or address of a relative of the victim. A request for 1392 records or information pursuant to this paragraph need not be in 1393 writing. 1394 (e) Information specified in paragraph (1)(b) to state or 1395 local governmental agencies. A request for records or 1396 information pursuant to this paragraph must be in writing and a 1397 statement provided demonstrating a need for the records or 1398 information. 1399 (f) Information specified in paragraph (1)(b) to a person 1400 conducting legitimate research. A request for records and 1401 information pursuant to this paragraph must be in writing, the 1402 person requesting the records or information must sign a 1403 confidentiality agreement, and the department must approve the 1404 request in writing. 1405 (g) Protected health information and records specified in 1406 paragraphs (1)(a) and (g)(h)to the Department of Health and 1407 the county health department where an inmate plans to reside if 1408 he or she has tested positive for the presence of the antibody 1409 or antigen to human immunodeficiency virus infection or as 1410 authorized in s. 381.004. 1411 (h) Protected health information and mental health, 1412 medical, or substance abuse records specified in paragraph 1413 (1)(a) to the Executive Office of the Governor, the Correctional 1414 Medical Authority, and the Department of Health for health care 1415 oversight activities authorized by state or federal law, 1416 including audits; civil, administrative, or criminal 1417 investigations; or inspections relating to the provision of 1418 health services, in accordance with 45 C.F.R. part 164, subpart 1419 E. 1420 (i) Protected health information and mental health, 1421 medical, or substance abuse records specified in paragraph 1422 (1)(a) to a state attorney, a state court, or a law enforcement 1423 agency conducting an ongoing criminal investigation, if the 1424 inmate agrees to the disclosure and provides written consent or, 1425 if the inmate refuses to provide written consent, in response to 1426 an order of a court of competent jurisdiction, a subpoena, 1427 including a grand jury, investigative, or administrative 1428 subpoena, a court-ordered warrant, or a statutorily authorized 1429 investigative demand or other process as authorized by law, in 1430 accordance with 45 C.F.R. part 164, subpart E, provided that: 1431 1. The protected health information and records sought are 1432 relevant and material to a legitimate law enforcement inquiry; 1433 2. There is a clear connection between the investigated 1434 incident and the inmate whose protected health information and 1435 records are sought; 1436 3. The request is specific and limited in scope to the 1437 extent reasonably practicable in light of the purpose for which 1438 the information or records are sought; and 1439 4. Deidentified information could not reasonably be used. 1440 (j) Protected health information and mental health, 1441 medical, or substance abuse records specified in paragraph 1442 (1)(a) of an inmate who is or is suspected of being the victim 1443 of a crime, to a state attorney or a law enforcement agency if 1444 the inmate agrees to the disclosure and provides written consent 1445 or if the inmate is unable to agree because of incapacity or 1446 other emergency circumstance, in accordance with 45 C.F.R. part 1447 164, subpart E, provided that: 1448 1. Such protected health information and records are needed 1449 to determine whether a violation of law by a person other than 1450 the inmate victim has occurred; 1451 2. Such protected health information or records are not 1452 intended to be used against the inmate victim; 1453 3. The immediate law enforcement activity that depends upon 1454 the disclosure would be materially and adversely affected by 1455 waiting until the inmate victim is able to agree to the 1456 disclosure; and 1457 4. The disclosure is in the best interests of the inmate 1458 victim, as determined by the department. 1459 (k) Protected health information and mental health, 1460 medical, or substance abuse records specified in paragraph 1461 (1)(a) to a state attorney or a law enforcement agency if the 1462 department believes in good faith that the information and 1463 records constitute evidence of criminal conduct that occurred in 1464 a correctional institution or facility, in accordance with 45 1465 C.F.R. part 164, subpart E, provided that: 1466 1. The protected health information and records disclosed 1467 are specific and limited in scope to the extent reasonably 1468 practicable in light of the purpose for which the information or 1469 records are sought; 1470 2. There is a clear connection between the criminal conduct 1471 and the inmate whose protected health information and records 1472 are sought; and 1473 3. Deidentified information could not reasonably be used. 1474 (l) Protected health information and mental health, 1475 medical, or substance abuse records specified in paragraph 1476 (1)(a) to the Division of Risk Management of the Department of 1477 Financial Services, in accordance with 45 C.F.R. part 164, 1478 subpart E, upon certification by the Division of Risk Management 1479 that such information and records are necessary to investigate 1480 and provide legal representation for a claim against the 1481 Department of Corrections. 1482 (m) Protected health information and mental health, 1483 medical, or substance abuse records specified in paragraph 1484 (1)(a) of an inmate who is bringing a legal action against the 1485 department, to the Department of Legal Affairs or to an attorney 1486 retained to represent the department in a legal proceeding, in 1487 accordance with 45 C.F.R. part 164, subpart E. 1488 (n) Protected health information and mental health, 1489 medical, or substance abuse records of an inmate as specified in 1490 paragraph (1)(a) to another correctional institution or facility 1491 or law enforcement official having lawful custody of the inmate, 1492 in accordance with 45 C.F.R. part 164, subpart E, if the 1493 protected health information or records are necessary for: 1494 1. The provision of health care to the inmate; 1495 2. The health and safety of the inmate or other inmates; 1496 3. The health and safety of the officers, employees, or 1497 others at the correctional institution or facility; 1498 4. The health and safety of the individuals or officers 1499 responsible for transporting the inmate from one correctional 1500 institution, facility, or setting to another; 1501 5. Law enforcement on the premises of the correctional 1502 institution or facility; or 1503 6. The administration and maintenance of the safety, 1504 security, and good order of the correctional institution or 1505 facility. 1506 (o) Protected health information and mental health, 1507 medical, or substance abuse records of an inmate as specified in 1508 paragraph (1)(a) to the Department of Children and Families and 1509 the Florida Commission on Offender Review, in accordance with 45 1510 C.F.R. part 164, subpart E, if the inmate received mental health 1511 treatment while in the custody of the Department of Corrections 1512 and becomes eligible for release under supervision or upon the 1513 end of his or her sentence. 1514 (p) Notwithstanding s. 456.057 and in accordance with 45 1515 C.F.R. part 164, subpart E, protected health information and 1516 mental health, medical, or substance abuse records specified in 1517 paragraph (1)(a) of a deceased inmate or offender to an 1518 individual with authority to act on behalf of the deceased 1519 inmate or offender, upon the individual’s request. For purposes 1520 of this section, the following individuals have authority to act 1521 on behalf of a deceased inmate or offender only for the purpose 1522 of requesting access to such protected health information and 1523 records: 1524 1. A person appointed by a court to act as the personal 1525 representative, executor, administrator, curator, or temporary 1526 administrator of the deceased inmate’s or offender’s estate; 1527 2. If a court has not made a judicial appointment under 1528 subparagraph 1., a person designated by the inmate or offender 1529 to act as his or her personal representative in a last will that 1530 is self-proved under s. 732.503; or 1531 3. If a court has not made a judicial appointment under 1532 subparagraph 1. or if the inmate or offender has not designated 1533 a person in a self-proved last will as provided in subparagraph 1534 2., only the following individuals: 1535 a. A surviving spouse. 1536 b. If there is no surviving spouse, a surviving adult child 1537 of the inmate or offender. 1538 c. If there is no surviving spouse or adult child, a parent 1539 of the inmate or offender. 1540 (q) All requests for access to a deceased inmate’s or 1541 offender’s protected health information or mental health, 1542 medical, or substance abuse records specified in paragraph 1543 (1)(a) must be in writing and must be accompanied by the 1544 following: 1545 1. If made by a person authorized under subparagraph (p)1., 1546 a copy of the letter of administration and a copy of the court 1547 order appointing such person as the representative of the 1548 inmate’s or offender’s estate. 1549 2. If made by a person authorized under subparagraph (p)2., 1550 a copy of the self-proved last will designating the person as 1551 the inmate’s or offender’s representative. 1552 3. If made by a person authorized under subparagraph (p)3., 1553 a letter from the person’s attorney verifying the person’s 1554 relationship to the inmate or offender and the absence of a 1555 court-appointed representative and self-proved last will. 1556 1557 Records and information released under this subsection remain 1558 confidential and exempt from the provisions of s. 119.07(1) and 1559 s. 24(a), Art. I of the State Constitution when held by the 1560 receiving person or entity. 1561 Section 32. Subsection (2) of section 316.3026, Florida 1562 Statutes, is amended to read: 1563 316.3026 Unlawful operation of motor carriers.— 1564 (2) Any motor carrier enjoined or prohibited from operating 1565 by an out-of-service order by this state, any other state, or 1566 the Federal Motor Carrier Safety Administration may not operate 1567 on the roadways of this state until the motor carrier has been 1568 authorized to resume operations by the originating enforcement 1569 jurisdiction. Commercial motor vehicles owned or operated by any 1570 motor carrier prohibited from operation found on the roadways of 1571 this state shall be placed out of service by law enforcement 1572 officers of the Department of Highway Safety and Motor Vehicles, 1573 and the motor carrier assessed a $10,000 civil penalty pursuant 1574 to 49 C.F.R. s. 383.53, in addition to any other penalties 1575 imposed on the driver or other responsible person. Any person 1576 who knowingly drives, operates, or causes to be operated any 1577 commercial motor vehicle in violation of an out-of-service order 1578 issued by the department in accordance with this section commits 1579 a felony of the third degree, punishable as provided in s. 1580 775.082(2)(e)s. 775.082(3)(e). Any costs associated with the 1581 impoundment or storage of such vehicles are the responsibility 1582 of the motor carrier. Vehicle out-of-service orders may be 1583 rescinded when the department receives proof of authorization 1584 for the motor carrier to resume operation. 1585 Section 33. Subsection (3) of section 373.409, Florida 1586 Statutes, is amended to read: 1587 373.409 Headgates, valves, and measuring devices.— 1588 (3) No person shall alter or tamper with a measuring device 1589 so as to cause it to register other than the actual amount of 1590 water diverted, discharged, or taken. Violation of this 1591 subsection shall be a misdemeanor of the second degree, 1592 punishable under s. 775.082(3)(b)s. 775.082(4)(b). 1593 Section 34. Subsections (3), (4), and (5) of section 1594 373.430, Florida Statutes, are amended to read: 1595 373.430 Prohibitions, violation, penalty, intent.— 1596 (3) A person who willfully commits a violation specified in 1597 paragraph (1)(a) commits a felony of the third degree, 1598 punishable as provided in ss. 775.082(2)(e)775.082(3)(e)and 1599 775.083(1)(g), by a fine of not more than $50,000 or by 1600 imprisonment for 5 years, or by both, for each offense. Each day 1601 during any portion of which such violation occurs constitutes a 1602 separate offense. 1603 (4) A person who commits a violation specified in paragraph 1604 (1)(a) or paragraph (1)(b) due to reckless indifference or gross 1605 careless disregard commits a misdemeanor of the second degree, 1606 punishable as provided in ss. 775.082(3)(b)775.082(4)(b)and 1607 775.083(1)(g), by a fine of not more than $10,000 or 60 days in 1608 jail, or by both, for each offense. 1609 (5) A person who willfully commits a violation specified in 1610 paragraph (1)(b) or who commits a violation specified in 1611 paragraph (1)(c) commits a misdemeanor of the first degree, 1612 punishable as provided in ss. 775.082(3)(a)775.082(4)(a)and 1613 775.083(1)(g), by a fine of not more than $10,000 or by 6 months 1614 in jail, or by both, for each offense. 1615 Section 35. Subsections (3) and (4) of section 376.302, 1616 Florida Statutes, are amended to read: 1617 376.302 Prohibited acts; penalties.— 1618 (3) Any person who willfully commits a violation specified 1619 in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a 1620 misdemeanor of the first degree punishable as provided in ss. 1621 775.082(3)(a)775.082(4)(a)and 775.083(1)(g), by a fine of not 1622 less than $2,500 or more than $25,000, or punishable by 1 year 1623 in jail, or by both for each offense. Each day during any 1624 portion of which such violation occurs constitutes a separate 1625 offense. 1626 (4) Any person who commits a violation specified in 1627 paragraph (1)(c) shall be guilty of a misdemeanor of the first 1628 degree punishable as provided in ss. 775.082(3)(a)775.082(4)(a)1629 and 775.083(1)(g), by a fine of not more than $10,000, or by 6 1630 months in jail, or by both for each offense. 1631 Section 36. Subsections (3), (4), and (5) of section 1632 403.161, Florida Statutes, are amended to read: 1633 403.161 Prohibitions, violation, penalty, intent.— 1634 (3) A person who willfully commits a violation specified in 1635 paragraph (1)(a) commits a felony of the third degree, 1636 punishable as provided in ss. 775.082(2)(e)775.082(3)(e)and 1637 775.083(1)(g) by a fine of not more than $50,000 or by 1638 imprisonment for 5 years, or by both, for each offense. Each day 1639 during any portion of which such violation occurs constitutes a 1640 separate offense. 1641 (4) A person who commits a violation specified in paragraph 1642 (1)(a) or paragraph (1)(b) due to reckless indifference or gross 1643 careless disregard commits a misdemeanor of the second degree, 1644 punishable as provided in ss. 775.082(3)(b)775.082(4)(b)and 1645 775.083(1)(g) by a fine of not more than $10,000 or by 60 days 1646 in jail, or by both, for each offense. 1647 (5) A person who willfully commits a violation specified in 1648 paragraph (1)(b) or who commits a violation specified in 1649 paragraph (1)(c) commits a misdemeanor of the first degree 1650 punishable as provided in ss. 775.082(3)(a)775.082(4)(a)and 1651 775.083(1)(g) by a fine of not more than $10,000 or by 6 months 1652 in jail, or by both for each offense. 1653 Section 37. Subsection (2) of section 448.09, Florida 1654 Statutes, is amended to read: 1655 448.09 Unauthorized aliens; employment prohibited.— 1656 (2) The first violation of subsection (1) shall be a 1657 noncriminal violation as defined in s. 775.08(3) and, upon 1658 conviction, shall be punishable as provided in s. 775.082(4)s.1659775.082(5)by a civil fine of not more than $500, regardless of 1660 the number of aliens with respect to whom the violation 1661 occurred. 1662 Section 38. Section 504.013, Florida Statutes, is amended 1663 to read: 1664 504.013 Penalties.—Any person, firm, or corporation engaged 1665 in the business of the retail vending of fresh fruits, fresh 1666 vegetables, bee pollen, or honey who willfully and knowingly 1667 removes any labels or identifying marks from fruits, vegetables, 1668 bee pollen, or honey so labeled is guilty of a noncriminal 1669 violation as defined in s. 775.08(3) and upon conviction shall 1670 be punished as provided in s. 775.082(4)s. 775.082(5)by a 1671 civil fine of not more than $500. 1672 Section 39. Paragraph (c) of subsection (3) of section 1673 648.571, Florida Statutes, is amended to read: 1674 648.571 Failure to return collateral; penalty.— 1675 (3) 1676 (c) Allowable expenses incurred in apprehending a defendant 1677 because of a bond forfeiture or judgment under s. 903.29 may be 1678 deducted if such expenses are accounted for. The failure to 1679 return collateral under these terms is punishable as follows: 1680 1. If the collateral is of a value less than $100, as 1681 provided in s. 775.082(3)(a)s. 775.082(4)(a). 1682 2. If the collateral is of a value of $100 or more, as 1683 provided in s. 775.082(2)(e)s. 775.082(3)(e). 1684 3. If the collateral is of a value of $1,500 or more, as 1685 provided in s. 775.082(2)(d)s. 775.082(3)(d). 1686 4. If the collateral is of a value of $10,000 or more, as 1687 provided in s. 775.082(2)(b)s. 775.082(3)(b). 1688 Section 40. Paragraph (a) of subsection (2) of section 1689 775.261, Florida Statutes, is amended to read: 1690 775.261 The Florida Career Offender Registration Act.— 1691 (2) DEFINITIONS.—As used in this section, the term: 1692 (a) “Career offender” means any person who is designated as 1693 a habitual violent felony offender, a violent career criminal, 1694 or a three-time violent felony offender under s. 775.084 or as a 1695 prison releasee reoffender under s. 775.082(8)s. 775.082(9). 1696 Section 41. Paragraph (g) of subsection (3) of section 1697 787.06, Florida Statutes, is amended to read: 1698 787.06 Human trafficking.— 1699 (3) Any person who knowingly, or in reckless disregard of 1700 the facts, engages in human trafficking, or attempts to engage 1701 in human trafficking, or benefits financially by receiving 1702 anything of value from participation in a venture that has 1703 subjected a person to human trafficking: 1704 (g) For commercial sexual activity in which any child under 1705 the age of 18, or in which any person who is mentally defective 1706 or mentally incapacitated as those terms are defined in s. 1707 794.011(1), is involved commits a life felony, punishable as 1708 provided in s. 775.082(2)(a)6.s. 775.082(3)(a)6., s. 775.083, 1709 or s. 775.084. 1710 1711 For each instance of human trafficking of any individual under 1712 this subsection, a separate crime is committed and a separate 1713 punishment is authorized. 1714 Section 42. Subsection (6) of section 794.0115, Florida 1715 Statutes, is amended to read: 1716 794.0115 Dangerous sexual felony offender; mandatory 1717 sentencing.— 1718 (6) Notwithstanding s. 775.082(2)s. 775.082(3), chapter 1719 958, any other law, or any interpretation or construction 1720 thereof, a person subject to sentencing under this section must 1721 be sentenced to the mandatory term of imprisonment provided 1722 under this section. If the mandatory minimum term of 1723 imprisonment imposed under this section exceeds the maximum 1724 sentence authorized under s. 775.082, s. 775.084, or chapter 1725 921, the mandatory minimum term of imprisonment under this 1726 section must be imposed. If the mandatory minimum term of 1727 imprisonment under this section is less than the sentence that 1728 could be imposed under s. 775.082, s. 775.084, or chapter 921, 1729 the sentence imposed must include the mandatory minimum term of 1730 imprisonment under this section. 1731 Section 43. Paragraph (b) of subsection (5) of section 1732 800.04, Florida Statutes, is amended to read: 1733 800.04 Lewd or lascivious offenses committed upon or in the 1734 presence of persons less than 16 years of age.— 1735 (5) LEWD OR LASCIVIOUS MOLESTATION.— 1736 (b) An offender 18 years of age or older who commits lewd 1737 or lascivious molestation against a victim less than 12 years of 1738 age commits a life felony, punishable as provided in s. 1739 775.082(2)(a)4.s. 775.082(3)(a)4.1740 Section 44. Paragraph (c) of subsection (4) of section 1741 907.041, Florida Statutes, is amended to read: 1742 907.041 Pretrial detention and release.— 1743 (4) PRETRIAL DETENTION.— 1744 (c) The court may order pretrial detention if it finds a 1745 substantial probability, based on a defendant’s past and present 1746 patterns of behavior, the criteria in s. 903.046, and any other 1747 relevant facts, that any of the following circumstances exist: 1748 1. The defendant has previously violated conditions of 1749 release and that no further conditions of release are reasonably 1750 likely to assure the defendant’s appearance at subsequent 1751 proceedings; 1752 2. The defendant, with the intent to obstruct the judicial 1753 process, has threatened, intimidated, or injured any victim, 1754 potential witness, juror, or judicial officer, or has attempted 1755 or conspired to do so, and that no condition of release will 1756 reasonably prevent the obstruction of the judicial process; 1757 3. The defendant is charged with trafficking in controlled 1758 substances as defined by s. 893.135, that there is a substantial 1759 probability that the defendant has committed the offense, and 1760 that no conditions of release will reasonably assure the 1761 defendant’s appearance at subsequent criminal proceedings; 1762 4. The defendant is charged with DUI manslaughter, as 1763 defined by s. 316.193, and that there is a substantial 1764 probability that the defendant committed the crime and that the 1765 defendant poses a threat of harm to the community; conditions 1766 that would support a finding by the court pursuant to this 1767 subparagraph that the defendant poses a threat of harm to the 1768 community include, but are not limited to, any of the following: 1769 a. The defendant has previously been convicted of any crime 1770 under s. 316.193, or of any crime in any other state or 1771 territory of the United States that is substantially similar to 1772 any crime under s. 316.193; 1773 b. The defendant was driving with a suspended driver 1774 license when the charged crime was committed; or 1775 c. The defendant has previously been found guilty of, or 1776 has had adjudication of guilt withheld for, driving while the 1777 defendant’s driver license was suspended or revoked in violation 1778 of s. 322.34; 1779 5. The defendant poses the threat of harm to the community. 1780 The court may so conclude, if it finds that the defendant is 1781 presently charged with a dangerous crime, that there is a 1782 substantial probability that the defendant committed such crime, 1783 that the factual circumstances of the crime indicate a disregard 1784 for the safety of the community, and that there are no 1785 conditions of release reasonably sufficient to protect the 1786 community from the risk of physical harm to persons; 1787 6. The defendant was on probation, parole, or other release 1788 pending completion of sentence or on pretrial release for a 1789 dangerous crime at the time the current offense was committed; 1790 7. The defendant has violated one or more conditions of 1791 pretrial release or bond for the offense currently before the 1792 court and the violation, in the discretion of the court, 1793 supports a finding that no conditions of release can reasonably 1794 protect the community from risk of physical harm to persons or 1795 assure the presence of the accused at trial; or 1796 8.a. The defendant has ever been sentenced pursuant to s. 1797 775.082(8)s. 775.082(9)or s. 775.084 as a prison releasee 1798 reoffender, habitual violent felony offender, three-time violent 1799 felony offender, or violent career criminal, or the state 1800 attorney files a notice seeking that the defendant be sentenced 1801 pursuant to s. 775.082(8)s. 775.082(9)or s. 775.084, as a 1802 prison releasee reoffender, habitual violent felony offender, 1803 three-time violent felony offender, or violent career criminal; 1804 b. There is a substantial probability that the defendant 1805 committed the offense; and 1806 c. There are no conditions of release that can reasonably 1807 protect the community from risk of physical harm or ensure the 1808 presence of the accused at trial. 1809 Section 45. Subsection (1) of section 921.1401, Florida 1810 Statutes, is amended to read: 1811 921.1401 Sentence of life imprisonment for persons who are 1812 under the age of 18 years at the time of the offense; sentencing 1813 proceedings.— 1814 (1) Upon conviction or adjudication of guilt of an offense 1815 described in s. 775.082(1)(b), s. 775.082(2)(a)5.s.1816775.082(3)(a)5., s. 775.082(2)(b)2.s. 775.082(3)(b)2., or s. 1817 775.082(2)(c)s. 775.082(3)(c)which was committed on or after 1818 July 1, 2014, the court may conduct a separate sentencing 1819 hearing to determine if a term of imprisonment for life or a 1820 term of years equal to life imprisonment is an appropriate 1821 sentence. 1822 Section 46. Paragraphs (b), (c), and (d) of subsection (2) 1823 of section 921.1402, Florida Statutes, are amended to read: 1824 921.1402 Review of sentences for persons convicted of 1825 specified offenses committed while under the age of 18 years.— 1826 (2) 1827 (b) A juvenile offender sentenced to a term of more than 25 1828 years under s. 775.082(2)(a)5.a.s. 775.082(3)(a)5.a.or s. 1829 775.082(2)(b)2.a.s. 775.082(3)(b)2.a.is entitled to a review 1830 of his or her sentence after 25 years. 1831 (c) A juvenile offender sentenced to a term of more than 15 1832 years under s. 775.082(1)(b)2., s. 775.082(2)(a)5.b.s.1833775.082(3)(a)5.b., or s. 775.082(2)(b)2.b.s. 775.082(3)(b)2.b.1834 is entitled to a review of his or her sentence after 15 years. 1835 (d) A juvenile offender sentenced to a term of 20 years or 1836 more under s. 775.082(2)(c)s. 775.082(3)(c)is entitled to a 1837 review of his or her sentence after 20 years. If the juvenile 1838 offender is not resentenced at the initial review hearing, he or 1839 she is eligible for one subsequent review hearing 10 years after 1840 the initial review hearing. 1841 Section 47. Paragraph (c) of subsection (3) of section 1842 944.17, Florida Statutes, is amended to read: 1843 944.17 Commitments and classification; transfers.— 1844 (3) 1845 (c)1. When the highest ranking offense for which the 1846 prisoner is convicted is a felony, the trial court shall 1847 sentence the prisoner pursuant to the Criminal Punishment Code 1848 in chapter 921. 1849 2. When the highest ranking offense for which the prisoner 1850 is convicted is a misdemeanor, the trial court shall sentence 1851 the prisoner pursuant to s. 775.082(3)s. 775.082(4). 1852 Section 48. Subsection (1) of section 944.608, Florida 1853 Statutes, is amended to read: 1854 944.608 Notification to Department of Law Enforcement of 1855 information on career offenders.— 1856 (1) As used in this section, the term “career offender” 1857 means a person who is in the custody or control of, or under the 1858 supervision of, the department or is in the custody or control 1859 of, or under the supervision of, a private correctional 1860 facility, and who is designated as a habitual violent felony 1861 offender, a violent career criminal, or a three-time violent 1862 felony offender under s. 775.084 or as a prison releasee 1863 reoffender under s. 775.082(8)s. 775.082(9). 1864 Section 49. Subsection (1) of section 944.609, Florida 1865 Statutes, is amended to read: 1866 944.609 Career offenders; notification upon release.— 1867 (1) As used in this section, the term “career offender” 1868 means a person who is in the custody or control of, or under the 1869 supervision of, the department or is in the custody or control 1870 of, or under the supervision of a private correctional facility, 1871 who is designated as a habitual violent felony offender, a 1872 violent career criminal, or a three-time violent felony offender 1873 under s. 775.084 or as a prison releasee reoffender under s. 1874 775.082(8)s. 775.082(9). 1875 Section 50. Subsection (7) of section 944.705, Florida 1876 Statutes, is amended to read: 1877 944.705 Release orientation program.— 1878 (7)(a) The department shall notify every inmate in the 1879 inmate’s release documents: 1880 1. Of all outstanding terms of the inmate’s sentence at the 1881 time of release to assist the inmate in determining his or her 1882 status with regard to the completion of all terms of sentence, 1883 as that term is defined in s. 98.0751. This subparagraph does 1884 not apply to inmates who are being released from the custody of 1885 the department to any type of supervision monitored by the 1886 department; and 1887 2. In not less than 18-point type, that the inmate may be 1888 sentenced pursuant to s. 775.082(8)s. 775.082(9)if the inmate 1889 commits any felony offense described in s. 775.082(8)s.1890775.082(9)within 3 years after the inmate’s release. This 1891 notice must be prefaced by the word “WARNING” in boldfaced type. 1892 (b) This section does not preclude the sentencing of a 1893 person pursuant to s. 775.082(8)s. 775.082(9), and evidence 1894 that the department failed to provide this notice does not 1895 prohibit a person from being sentenced pursuant to s. 775.082(8) 1896s. 775.082(9). The state is not required to demonstrate that a 1897 person received any notice from the department in order for the 1898 court to impose a sentence pursuant to s. 775.082(8)s.1899775.082(9). 1900 Section 51. This act shall take effect upon becoming a law.