Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 238
       
       
       
       
       
       
                                Ì829882PÎ829882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/09/2018           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 947.149, Florida Statutes, is amended to
    6  read:
    7         947.149 Conditional medical release.—
    8         (1) The commission shall, in conjunction with the
    9  department, establish the conditional medical release program.
   10  An inmate is eligible for supervised consideration for release
   11  under the conditional medical release program when the inmate,
   12  because of an existing medical or physical condition, is
   13  determined by the department to be within one of the following
   14  designations:
   15         (a) “Inmate with a debilitating illness,” which means an
   16  inmate who is determined to be suffering from a significant and
   17  permanent nonterminal condition, disease, or syndrome that has
   18  rendered the inmate so physically or cognitively debilitated or
   19  incapacitated as to create a reasonable probability that the
   20  inmate does not constitute a danger to herself or himself or
   21  others.
   22         (b)(a) “Permanently incapacitated inmate,” which means an
   23  inmate who has a condition caused by injury, disease, or illness
   24  which, to a reasonable degree of medical certainty, renders the
   25  inmate permanently and irreversibly physically incapacitated to
   26  the extent that the inmate does not constitute a danger to
   27  herself or himself or others.
   28         (c)(b) “Terminally ill inmate,” which means an inmate who
   29  has a condition caused by injury, disease, or illness which, to
   30  a reasonable degree of medical certainty, renders the inmate
   31  terminally ill to the extent that there can be no recovery and
   32  death is imminent, so that the inmate does not constitute a
   33  danger to herself or himself or others.
   34         (2) PERMISSIVE CONDITIONAL MEDICAL RELEASE.—
   35         (a) Notwithstanding any provision to the contrary, any
   36  person qualifying for one of the three designations defined in
   37  subsection (1) determined eligible under this section and
   38  sentenced to the custody of the department may, upon referral by
   39  the department, be considered for conditional medical release by
   40  the commission, in addition to any parole consideration for
   41  which the inmate may be considered, except that conditional
   42  medical release is not authorized for an inmate who is under
   43  sentence of death. No inmate has a right to conditional medical
   44  release or to a medical evaluation to determine eligibility for
   45  such release.
   46         (b)(3) The authority and whether or not to grant
   47  conditional medical release and establish additional conditions
   48  of conditional medical release under this subsection rests
   49  solely within the discretion of the commission, in accordance
   50  with the provisions of this section, together with the authority
   51  to approve the release plan to include necessary medical care
   52  and attention.
   53         (c) The department shall identify inmates who may be
   54  eligible for conditional medical release based upon available
   55  medical information and shall refer them to the commission for
   56  consideration.
   57         (d) In considering an inmate for conditional medical
   58  release in accordance with this subsection, the commission may
   59  require that additional medical evidence be produced or that
   60  additional medical examinations be conducted, and may require
   61  such other investigations to be made as may be warranted.
   62         (3) MANDATORY CONDITIONAL MEDICAL RELEASE.—
   63         (a) To be eligible for supervised release under this
   64  subsection, an inmate qualifying for one of the three
   65  designations defined in subsection (1) shall also be determined
   66  by the department to meet all of the following criteria:
   67         1.Has served at least 50 percent of his or her sentence.
   68         2.Has no current or prior conviction for:
   69         a. A capital, life, or first degree felony.
   70         b. A sexual offense, which means an offense specified in s.
   71  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
   72         c. An offense involving a child.
   73         3.Has not received a disciplinary report within the
   74  previous 6 months.
   75         4.Has never received a disciplinary report for a violent
   76  act.
   77         5. Has renounced any gang affiliation.
   78         (b) Any person sentenced to the custody of the department
   79  that is determined to be eligible for placement on conditional
   80  medical release in accordance with this subsection must be
   81  referred by the department to the commission. Upon receiving a
   82  referral from the department, the commission shall verify the
   83  eligibility of an inmate and, upon verification, such inmate
   84  must be placed on conditional medical release.
   85         (c)In verifying the inmate’s eligibility for conditional
   86  medical release, the commission shall review the information
   87  provided by the department.
   88         (d)The commission must finish its verification of an
   89  inmate’s eligibility within 60 days after the department refers
   90  the inmate for conditional medical release.
   91         (4) No inmate has a right to conditional medical release or
   92  to a medical evaluation to determine eligibility for such
   93  release.
   94         (5)The department’s referral of an inmate to the
   95  commission for release under this section must include all of
   96  the following information:
   97         (a)The proposed conditional medical release plan.
   98         (b)Any relevant medical history, including current medical
   99  prognosis.
  100         (c)Criminal history. The criminal history must include all
  101  of the following information:
  102         1.The inmate’s claim of innocence, if any.
  103         2.The degree to which the inmate accepts responsibility
  104  for his or her actions leading to the conviction of the crime.
  105         3.How any claim of responsibility has affected the
  106  inmate’s feelings of remorse.
  107         (d)Any history of substance abuse and mental health
  108  issues, provided the inmate authorizes release when such
  109  information is collected in accordance with 42 C.F.R. s. 2.
  110         (e)Any disciplinary action taken against the inmate while
  111  in prison.
  112         (f)Any participation in prison work and other prison
  113  programs.
  114         (g) Any other information the department deems necessary.
  115         (6)(4) The conditional medical release term of an inmate
  116  released on conditional medical release is for the remainder of
  117  the inmate’s sentence, without diminution of sentence for good
  118  behavior. Supervision of the medical releasee must include a
  119  release plan as proposed by the department and approved by the
  120  commission and include periodic medical evaluations. Supervision
  121  may also include electronic monitoring at intervals determined
  122  by the commission at the time of release.
  123         (7)(a)(5)(a) If it is discovered during the conditional
  124  medical release that the medical or physical condition of the
  125  medical releasee has improved to the extent that she or he would
  126  no longer be eligible for conditional medical release under this
  127  section, the commission may order that the releasee be returned
  128  to the custody of the department for a conditional medical
  129  release revocation hearing, in accordance with s. 947.141. If
  130  conditional medical release is revoked due to improvement in the
  131  medical or physical condition of the releasee, she or he shall
  132  serve the balance of her or his sentence with credit for the
  133  time served on conditional medical release and without
  134  forfeiture of any gain-time accrued prior to conditional medical
  135  release. If the person whose conditional medical release is
  136  revoked due to an improvement in medical or physical condition
  137  would otherwise be eligible for parole or any other release
  138  program, the person may be considered for such release program
  139  pursuant to law.
  140         (b) In addition to revocation of conditional medical
  141  release pursuant to paragraph (a), conditional medical release
  142  may also be revoked for violation of any condition of the
  143  release established by the commission, in accordance with s.
  144  947.141, and the releasee’s gain-time may be forfeited pursuant
  145  to s. 944.28(1).
  146         (8)(6) The department and the commission shall adopt rules
  147  as necessary to implement the conditional medical release
  148  program.
  149         Section 2. For the purpose of incorporating the amendment
  150  made by this act to section 947.149, Florida Statutes, in a
  151  reference thereto, subsection (6) of section 316.1935, Florida
  152  Statutes, is reenacted to read:
  153         316.1935 Fleeing or attempting to elude a law enforcement
  154  officer; aggravated fleeing or eluding.—
  155         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  156  or withhold adjudication of guilt or imposition of sentence for
  157  any violation of this section. A person convicted and sentenced
  158  to a mandatory minimum term of incarceration under paragraph
  159  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  160  time under s. 944.275 or any form of discretionary early
  161  release, other than pardon or executive clemency or conditional
  162  medical release under s. 947.149, prior to serving the mandatory
  163  minimum sentence.
  164         Section 3. For the purpose of incorporating the amendment
  165  made by this act to section 947.149, Florida Statutes, in a
  166  reference thereto, paragraph (k) of subsection (4) of section
  167  775.084, Florida Statutes, is reenacted to read:
  168         775.084 Violent career criminals; habitual felony offenders
  169  and habitual violent felony offenders; three-time violent felony
  170  offenders; definitions; procedure; enhanced penalties or
  171  mandatory minimum prison terms.—
  172         (4)
  173         (k)1. A defendant sentenced under this section as a
  174  habitual felony offender, a habitual violent felony offender, or
  175  a violent career criminal is eligible for gain-time granted by
  176  the Department of Corrections as provided in s. 944.275(4)(b).
  177         2. For an offense committed on or after October 1, 1995, a
  178  defendant sentenced under this section as a violent career
  179  criminal is not eligible for any form of discretionary early
  180  release, other than pardon or executive clemency, or conditional
  181  medical release granted pursuant to s. 947.149.
  182         3. For an offense committed on or after July 1, 1999, a
  183  defendant sentenced under this section as a three-time violent
  184  felony offender shall be released only by expiration of sentence
  185  and shall not be eligible for parole, control release, or any
  186  form of early release.
  187         Section 4. For the purpose of incorporating the amendment
  188  made by this act to section 947.149, Florida Statutes, in a
  189  reference thereto, paragraph (b) of subsection (2) and paragraph
  190  (b) of subsection (3) of section 775.087, Florida Statutes, is
  191  reenacted to read:
  192         775.087 Possession or use of weapon; aggravated battery;
  193  felony reclassification; minimum sentence.—
  194         (2)
  195         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  196  (a)3. does not prevent a court from imposing a longer sentence
  197  of incarceration as authorized by law in addition to the minimum
  198  mandatory sentence, or from imposing a sentence of death
  199  pursuant to other applicable law. Subparagraph (a)1.,
  200  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  201  court to impose a lesser sentence than otherwise required by
  202  law.
  203  
  204  Notwithstanding s. 948.01, adjudication of guilt or imposition
  205  of sentence shall not be suspended, deferred, or withheld, and
  206  the defendant is not eligible for statutory gain-time under s.
  207  944.275 or any form of discretionary early release, other than
  208  pardon or executive clemency, or conditional medical release
  209  under s. 947.149, prior to serving the minimum sentence.
  210         (3)
  211         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  212  (a)3. does not prevent a court from imposing a longer sentence
  213  of incarceration as authorized by law in addition to the minimum
  214  mandatory sentence, or from imposing a sentence of death
  215  pursuant to other applicable law. Subparagraph (a)1.,
  216  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  217  court to impose a lesser sentence than otherwise required by
  218  law.
  219  
  220  Notwithstanding s. 948.01, adjudication of guilt or imposition
  221  of sentence shall not be suspended, deferred, or withheld, and
  222  the defendant is not eligible for statutory gain-time under s.
  223  944.275 or any form of discretionary early release, other than
  224  pardon or executive clemency, or conditional medical release
  225  under s. 947.149, prior to serving the minimum sentence.
  226         Section 5. For the purpose of incorporating the amendment
  227  made by this act to section 947.149, Florida Statutes, in a
  228  reference thereto, subsection (3) of section 784.07, Florida
  229  Statutes, is reenacted to read:
  230         784.07 Assault or battery of law enforcement officers,
  231  firefighters, emergency medical care providers, public transit
  232  employees or agents, or other specified officers;
  233  reclassification of offenses; minimum sentences.—
  234         (3) Any person who is convicted of a battery under
  235  paragraph (2)(b) and, during the commission of the offense, such
  236  person possessed:
  237         (a) A “firearm” or “destructive device” as those terms are
  238  defined in s. 790.001, shall be sentenced to a minimum term of
  239  imprisonment of 3 years.
  240         (b) A semiautomatic firearm and its high-capacity
  241  detachable box magazine, as defined in s. 775.087(3), or a
  242  machine gun as defined in s. 790.001, shall be sentenced to a
  243  minimum term of imprisonment of 8 years.
  244  
  245  Notwithstanding s. 948.01, adjudication of guilt or imposition
  246  of sentence shall not be suspended, deferred, or withheld, and
  247  the defendant is not eligible for statutory gain-time under s.
  248  944.275 or any form of discretionary early release, other than
  249  pardon or executive clemency, or conditional medical release
  250  under s. 947.149, prior to serving the minimum sentence.
  251         Section 6. For the purpose of incorporating the amendment
  252  made by this act to section 947.149, Florida Statutes, in a
  253  reference thereto, subsection (1) of section 790.235, Florida
  254  Statutes, is reenacted to read:
  255         790.235 Possession of firearm or ammunition by violent
  256  career criminal unlawful; penalty.—
  257         (1) Any person who meets the violent career criminal
  258  criteria under s. 775.084(1)(d), regardless of whether such
  259  person is or has previously been sentenced as a violent career
  260  criminal, who owns or has in his or her care, custody,
  261  possession, or control any firearm, ammunition, or electric
  262  weapon or device, or carries a concealed weapon, including a
  263  tear gas gun or chemical weapon or device, commits a felony of
  264  the first degree, punishable as provided in s. 775.082, s.
  265  775.083, or s. 775.084. A person convicted of a violation of
  266  this section shall be sentenced to a mandatory minimum of 15
  267  years’ imprisonment; however, if the person would be sentenced
  268  to a longer term of imprisonment under s. 775.084(4)(d), the
  269  person must be sentenced under that provision. A person
  270  convicted of a violation of this section is not eligible for any
  271  form of discretionary early release, other than pardon,
  272  executive clemency, or conditional medical release under s.
  273  947.149.
  274         Section 7. For the purpose of incorporating the amendment
  275  made by this act to section 947.149, Florida Statutes, in a
  276  reference thereto, subsection (7) of section 794.0115, Florida
  277  Statutes, is reenacted to read:
  278         794.0115 Dangerous sexual felony offender; mandatory
  279  sentencing.—
  280         (7) A defendant sentenced to a mandatory minimum term of
  281  imprisonment under this section is not eligible for statutory
  282  gain-time under s. 944.275 or any form of discretionary early
  283  release, other than pardon or executive clemency, or conditional
  284  medical release under s. 947.149, before serving the minimum
  285  sentence.
  286         Section 8. For the purpose of incorporating the amendment
  287  made by this act to section 947.149, Florida Statutes, in a
  288  reference thereto, paragraphs (b), (c), and (g) of subsection
  289  (1) and subsection (3) of section 893.135, Florida Statutes, are
  290  reenacted to read:
  291         893.135 Trafficking; mandatory sentences; suspension or
  292  reduction of sentences; conspiracy to engage in trafficking.—
  293         (1) Except as authorized in this chapter or in chapter 499
  294  and notwithstanding the provisions of s. 893.13:
  295         (b)1. Any person who knowingly sells, purchases,
  296  manufactures, delivers, or brings into this state, or who is
  297  knowingly in actual or constructive possession of, 28 grams or
  298  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  299  mixture containing cocaine, but less than 150 kilograms of
  300  cocaine or any such mixture, commits a felony of the first
  301  degree, which felony shall be known as “trafficking in cocaine,”
  302  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  303  If the quantity involved:
  304         a. Is 28 grams or more, but less than 200 grams, such
  305  person shall be sentenced to a mandatory minimum term of
  306  imprisonment of 3 years, and the defendant shall be ordered to
  307  pay a fine of $50,000.
  308         b. Is 200 grams or more, but less than 400 grams, such
  309  person shall be sentenced to a mandatory minimum term of
  310  imprisonment of 7 years, and the defendant shall be ordered to
  311  pay a fine of $100,000.
  312         c. Is 400 grams or more, but less than 150 kilograms, such
  313  person shall be sentenced to a mandatory minimum term of
  314  imprisonment of 15 calendar years and pay a fine of $250,000.
  315         2. Any person who knowingly sells, purchases, manufactures,
  316  delivers, or brings into this state, or who is knowingly in
  317  actual or constructive possession of, 150 kilograms or more of
  318  cocaine, as described in s. 893.03(2)(a)4., commits the first
  319  degree felony of trafficking in cocaine. A person who has been
  320  convicted of the first degree felony of trafficking in cocaine
  321  under this subparagraph shall be punished by life imprisonment
  322  and is ineligible for any form of discretionary early release
  323  except pardon or executive clemency or conditional medical
  324  release under s. 947.149. However, if the court determines that,
  325  in addition to committing any act specified in this paragraph:
  326         a. The person intentionally killed an individual or
  327  counseled, commanded, induced, procured, or caused the
  328  intentional killing of an individual and such killing was the
  329  result; or
  330         b. The person’s conduct in committing that act led to a
  331  natural, though not inevitable, lethal result,
  332  
  333  such person commits the capital felony of trafficking in
  334  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  335  person sentenced for a capital felony under this paragraph shall
  336  also be sentenced to pay the maximum fine provided under
  337  subparagraph 1.
  338         3. Any person who knowingly brings into this state 300
  339  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  340  and who knows that the probable result of such importation would
  341  be the death of any person, commits capital importation of
  342  cocaine, a capital felony punishable as provided in ss. 775.082
  343  and 921.142. Any person sentenced for a capital felony under
  344  this paragraph shall also be sentenced to pay the maximum fine
  345  provided under subparagraph 1.
  346         (c)1. A person who knowingly sells, purchases,
  347  manufactures, delivers, or brings into this state, or who is
  348  knowingly in actual or constructive possession of, 4 grams or
  349  more of any morphine, opium, hydromorphone, or any salt,
  350  derivative, isomer, or salt of an isomer thereof, including
  351  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  352  (3)(c)4., or 4 grams or more of any mixture containing any such
  353  substance, but less than 30 kilograms of such substance or
  354  mixture, commits a felony of the first degree, which felony
  355  shall be known as “trafficking in illegal drugs,” punishable as
  356  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  357  quantity involved:
  358         a. Is 4 grams or more, but less than 14 grams, such person
  359  shall be sentenced to a mandatory minimum term of imprisonment
  360  of 3 years and shall be ordered to pay a fine of $50,000.
  361         b. Is 14 grams or more, but less than 28 grams, such person
  362  shall be sentenced to a mandatory minimum term of imprisonment
  363  of 15 years and shall be ordered to pay a fine of $100,000.
  364         c. Is 28 grams or more, but less than 30 kilograms, such
  365  person shall be sentenced to a mandatory minimum term of
  366  imprisonment of 25 years and shall be ordered to pay a fine of
  367  $500,000.
  368         2. A person who knowingly sells, purchases, manufactures,
  369  delivers, or brings into this state, or who is knowingly in
  370  actual or constructive possession of, 14 grams or more of
  371  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
  372  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  373  grams or more of any mixture containing any such substance,
  374  commits a felony of the first degree, which felony shall be
  375  known as “trafficking in hydrocodone,” punishable as provided in
  376  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  377         a. Is 14 grams or more, but less than 28 grams, such person
  378  shall be sentenced to a mandatory minimum term of imprisonment
  379  of 3 years and shall be ordered to pay a fine of $50,000.
  380         b. Is 28 grams or more, but less than 50 grams, such person
  381  shall be sentenced to a mandatory minimum term of imprisonment
  382  of 7 years and shall be ordered to pay a fine of $100,000.
  383         c. Is 50 grams or more, but less than 200 grams, such
  384  person shall be sentenced to a mandatory minimum term of
  385  imprisonment of 15 years and shall be ordered to pay a fine of
  386  $500,000.
  387         d. Is 200 grams or more, but less than 30 kilograms, such
  388  person shall be sentenced to a mandatory minimum term of
  389  imprisonment of 25 years and shall be ordered to pay a fine of
  390  $750,000.
  391         3. A person who knowingly sells, purchases, manufactures,
  392  delivers, or brings into this state, or who is knowingly in
  393  actual or constructive possession of, 7 grams or more of
  394  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
  395  thereof, or 7 grams or more of any mixture containing any such
  396  substance, commits a felony of the first degree, which felony
  397  shall be known as “trafficking in oxycodone,” punishable as
  398  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  399  quantity involved:
  400         a. Is 7 grams or more, but less than 14 grams, such person
  401  shall be sentenced to a mandatory minimum term of imprisonment
  402  of 3 years and shall be ordered to pay a fine of $50,000.
  403         b. Is 14 grams or more, but less than 25 grams, such person
  404  shall be sentenced to a mandatory minimum term of imprisonment
  405  of 7 years and shall be ordered to pay a fine of $100,000.
  406         c. Is 25 grams or more, but less than 100 grams, such
  407  person shall be sentenced to a mandatory minimum term of
  408  imprisonment of 15 years and shall be ordered to pay a fine of
  409  $500,000.
  410         d. Is 100 grams or more, but less than 30 kilograms, such
  411  person shall be sentenced to a mandatory minimum term of
  412  imprisonment of 25 years and shall be ordered to pay a fine of
  413  $750,000.
  414         4.a. A person who knowingly sells, purchases, manufactures,
  415  delivers, or brings into this state, or who is knowingly in
  416  actual or constructive possession of, 4 grams or more of:
  417         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  418         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  419         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  420         (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
  421         (V) A fentanyl derivative, as described in s.
  422  893.03(1)(a)62.;
  423         (VI) A controlled substance analog, as described in s.
  424  893.0356, of any substance described in sub-sub-subparagraphs
  425  (I)-(V); or
  426         (VII) A mixture containing any substance described in sub
  427  sub-subparagraphs (I)-(VI),
  428  
  429  commits a felony of the first degree, which felony shall be
  430  known as “trafficking in fentanyl,” punishable as provided in s.
  431  775.082, s. 775.083, or s. 775.084.
  432         b. If the quantity involved under sub-subparagraph a.:
  433         (I) Is 4 grams or more, but less than 14 grams, such person
  434  shall be sentenced to a mandatory minimum term of imprisonment
  435  of 3 years, and shall be ordered to pay a fine of $50,000.
  436         (II) Is 14 grams or more, but less than 28 grams, such
  437  person shall be sentenced to a mandatory minimum term of
  438  imprisonment of 15 years, and shall be ordered to pay a fine of
  439  $100,000.
  440         (III) Is 28 grams or more, such person shall be sentenced
  441  to a mandatory minimum term of imprisonment of 25 years, and
  442  shall be ordered to pay a fine of $500,000.
  443         5. A person who knowingly sells, purchases, manufactures,
  444  delivers, or brings into this state, or who is knowingly in
  445  actual or constructive possession of, 30 kilograms or more of
  446  any morphine, opium, oxycodone, hydrocodone, codeine,
  447  hydromorphone, or any salt, derivative, isomer, or salt of an
  448  isomer thereof, including heroin, as described in s.
  449  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  450  more of any mixture containing any such substance, commits the
  451  first degree felony of trafficking in illegal drugs. A person
  452  who has been convicted of the first degree felony of trafficking
  453  in illegal drugs under this subparagraph shall be punished by
  454  life imprisonment and is ineligible for any form of
  455  discretionary early release except pardon or executive clemency
  456  or conditional medical release under s. 947.149. However, if the
  457  court determines that, in addition to committing any act
  458  specified in this paragraph:
  459         a. The person intentionally killed an individual or
  460  counseled, commanded, induced, procured, or caused the
  461  intentional killing of an individual and such killing was the
  462  result; or
  463         b. The person’s conduct in committing that act led to a
  464  natural, though not inevitable, lethal result,
  465  
  466  such person commits the capital felony of trafficking in illegal
  467  drugs, punishable as provided in ss. 775.082 and 921.142. A
  468  person sentenced for a capital felony under this paragraph shall
  469  also be sentenced to pay the maximum fine provided under
  470  subparagraph 1.
  471         6. A person who knowingly brings into this state 60
  472  kilograms or more of any morphine, opium, oxycodone,
  473  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  474  isomer, or salt of an isomer thereof, including heroin, as
  475  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  476  60 kilograms or more of any mixture containing any such
  477  substance, and who knows that the probable result of such
  478  importation would be the death of a person, commits capital
  479  importation of illegal drugs, a capital felony punishable as
  480  provided in ss. 775.082 and 921.142. A person sentenced for a
  481  capital felony under this paragraph shall also be sentenced to
  482  pay the maximum fine provided under subparagraph 1.
  483         (g)1. Any person who knowingly sells, purchases,
  484  manufactures, delivers, or brings into this state, or who is
  485  knowingly in actual or constructive possession of, 4 grams or
  486  more of flunitrazepam or any mixture containing flunitrazepam as
  487  described in s. 893.03(1)(a) commits a felony of the first
  488  degree, which felony shall be known as “trafficking in
  489  flunitrazepam,” punishable as provided in s. 775.082, s.
  490  775.083, or s. 775.084. If the quantity involved:
  491         a. Is 4 grams or more but less than 14 grams, such person
  492  shall be sentenced to a mandatory minimum term of imprisonment
  493  of 3 years, and the defendant shall be ordered to pay a fine of
  494  $50,000.
  495         b. Is 14 grams or more but less than 28 grams, such person
  496  shall be sentenced to a mandatory minimum term of imprisonment
  497  of 7 years, and the defendant shall be ordered to pay a fine of
  498  $100,000.
  499         c. Is 28 grams or more but less than 30 kilograms, such
  500  person shall be sentenced to a mandatory minimum term of
  501  imprisonment of 25 calendar years and pay a fine of $500,000.
  502         2. Any person who knowingly sells, purchases, manufactures,
  503  delivers, or brings into this state or who is knowingly in
  504  actual or constructive possession of 30 kilograms or more of
  505  flunitrazepam or any mixture containing flunitrazepam as
  506  described in s. 893.03(1)(a) commits the first degree felony of
  507  trafficking in flunitrazepam. A person who has been convicted of
  508  the first degree felony of trafficking in flunitrazepam under
  509  this subparagraph shall be punished by life imprisonment and is
  510  ineligible for any form of discretionary early release except
  511  pardon or executive clemency or conditional medical release
  512  under s. 947.149. However, if the court determines that, in
  513  addition to committing any act specified in this paragraph:
  514         a. The person intentionally killed an individual or
  515  counseled, commanded, induced, procured, or caused the
  516  intentional killing of an individual and such killing was the
  517  result; or
  518         b. The person’s conduct in committing that act led to a
  519  natural, though not inevitable, lethal result,
  520  
  521  such person commits the capital felony of trafficking in
  522  flunitrazepam, punishable as provided in ss. 775.082 and
  523  921.142. Any person sentenced for a capital felony under this
  524  paragraph shall also be sentenced to pay the maximum fine
  525  provided under subparagraph 1.
  526         (3) Notwithstanding the provisions of s. 948.01, with
  527  respect to any person who is found to have violated this
  528  section, adjudication of guilt or imposition of sentence shall
  529  not be suspended, deferred, or withheld, nor shall such person
  530  be eligible for parole prior to serving the mandatory minimum
  531  term of imprisonment prescribed by this section. A person
  532  sentenced to a mandatory minimum term of imprisonment under this
  533  section is not eligible for any form of discretionary early
  534  release, except pardon or executive clemency or conditional
  535  medical release under s. 947.149, prior to serving the mandatory
  536  minimum term of imprisonment.
  537         Section 9. For the purpose of incorporating the amendment
  538  made by this act to section 947.149, Florida Statutes, in a
  539  reference thereto, Subsection (2) of section 921.0024, Florida
  540  Statutes, is reenacted to read:
  541         921.0024 Criminal Punishment Code; worksheet computations;
  542  scoresheets.—
  543         (2) The lowest permissible sentence is the minimum sentence
  544  that may be imposed by the trial court, absent a valid reason
  545  for departure. The lowest permissible sentence is any nonstate
  546  prison sanction in which the total sentence points equals or is
  547  less than 44 points, unless the court determines within its
  548  discretion that a prison sentence, which may be up to the
  549  statutory maximums for the offenses committed, is appropriate.
  550  When the total sentence points exceeds 44 points, the lowest
  551  permissible sentence in prison months shall be calculated by
  552  subtracting 28 points from the total sentence points and
  553  decreasing the remaining total by 25 percent. The total sentence
  554  points shall be calculated only as a means of determining the
  555  lowest permissible sentence. The permissible range for
  556  sentencing shall be the lowest permissible sentence up to and
  557  including the statutory maximum, as defined in s. 775.082, for
  558  the primary offense and any additional offenses before the court
  559  for sentencing. The sentencing court may impose such sentences
  560  concurrently or consecutively. However, any sentence to state
  561  prison must exceed 1 year. If the lowest permissible sentence
  562  under the code exceeds the statutory maximum sentence as
  563  provided in s. 775.082, the sentence required by the code must
  564  be imposed. If the total sentence points are greater than or
  565  equal to 363, the court may sentence the offender to life
  566  imprisonment. An offender sentenced to life imprisonment under
  567  this section is not eligible for any form of discretionary early
  568  release, except executive clemency or conditional medical
  569  release under s. 947.149.
  570         Section 10. For the purpose of incorporating the amendment
  571  made by this act to section 947.149, Florida Statutes, in a
  572  reference thereto, paragraph (b) of subsection (7) of section
  573  944.605, Florida Statutes, is reenacted to read:
  574         944.605 Inmate release; notification; identification card.—
  575         (7)
  576         (b) Paragraph (a) does not apply to inmates who:
  577         1. The department determines have a valid driver license or
  578  state identification card, except that the department shall
  579  provide these inmates with a replacement state identification
  580  card or replacement driver license, if necessary.
  581         2. Have an active detainer, unless the department
  582  determines that cancellation of the detainer is likely or that
  583  the incarceration for which the detainer was issued will be less
  584  than 12 months in duration.
  585         3. Are released due to an emergency release or a
  586  conditional medical release under s. 947.149.
  587         4. Are not in the physical custody of the department at or
  588  within 180 days before release.
  589         5. Are subject to sex offender residency restrictions, and
  590  who, upon release under such restrictions, do not have a
  591  qualifying address.
  592         Section 11. For the purpose of incorporating the amendment
  593  made by this act to section 947.149, Florida Statutes, in a
  594  reference thereto, paragraph (b) of subsection (1) of section
  595  944.70, Florida Statutes, is reenacted to read:
  596         944.70 Conditions for release from incarceration.—
  597         (1)
  598         (b) A person who is convicted of a crime committed on or
  599  after January 1, 1994, may be released from incarceration only:
  600         1. Upon expiration of the person’s sentence;
  601         2. Upon expiration of the person’s sentence as reduced by
  602  accumulated meritorious or incentive gain-time;
  603         3. As directed by an executive order granting clemency;
  604         4. Upon placement in a conditional release program pursuant
  605  to s. 947.1405 or a conditional medical release program pursuant
  606  to s. 947.149; or
  607         5. Upon the granting of control release, including
  608  emergency control release, pursuant to s. 947.146.
  609         Section 12. For the purpose of incorporating the amendment
  610  made by this act to section 947.149, Florida Statutes, in a
  611  reference thereto, paragraph (h) of subsection (1) of section
  612  947.13, Florida Statutes, is reenacted to read:
  613         947.13 Powers and duties of commission.—
  614         (1) The commission shall have the powers and perform the
  615  duties of:
  616         (h) Determining what persons will be released on
  617  conditional medical release under s. 947.149, establishing the
  618  conditions of conditional medical release, and determining
  619  whether a person has violated the conditions of conditional
  620  medical release and taking action with respect to such a
  621  violation.
  622         Section 13. For the purpose of incorporating the amendment
  623  made by this act to section 947.149, Florida Statutes, in a
  624  reference thereto, Subsections (1), (2), and (7) of section
  625  947.141, Florida Statutes, are reenacted to read:
  626         947.141 Violations of conditional release, control release,
  627  or conditional medical release or addiction-recovery
  628  supervision.—
  629         (1) If a member of the commission or a duly authorized
  630  representative of the commission has reasonable grounds to
  631  believe that an offender who is on release supervision under s.
  632  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  633  the terms and conditions of the release in a material respect,
  634  such member or representative may cause a warrant to be issued
  635  for the arrest of the releasee; if the offender was found to be
  636  a sexual predator, the warrant must be issued.
  637         (2) Upon the arrest on a felony charge of an offender who
  638  is on release supervision under s. 947.1405, s. 947.146, s.
  639  947.149, or s. 944.4731, the offender must be detained without
  640  bond until the initial appearance of the offender at which a
  641  judicial determination of probable cause is made. If the trial
  642  court judge determines that there was no probable cause for the
  643  arrest, the offender may be released. If the trial court judge
  644  determines that there was probable cause for the arrest, such
  645  determination also constitutes reasonable grounds to believe
  646  that the offender violated the conditions of the release. Within
  647  24 hours after the trial court judge’s finding of probable
  648  cause, the detention facility administrator or designee shall
  649  notify the commission and the department of the finding and
  650  transmit to each a facsimile copy of the probable cause
  651  affidavit or the sworn offense report upon which the trial court
  652  judge’s probable cause determination is based. The offender must
  653  continue to be detained without bond for a period not exceeding
  654  72 hours excluding weekends and holidays after the date of the
  655  probable cause determination, pending a decision by the
  656  commission whether to issue a warrant charging the offender with
  657  violation of the conditions of release. Upon the issuance of the
  658  commission’s warrant, the offender must continue to be held in
  659  custody pending a revocation hearing held in accordance with
  660  this section.
  661         (7) If a law enforcement officer has probable cause to
  662  believe that an offender who is on release supervision under s.
  663  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  664  the terms and conditions of his or her release by committing a
  665  felony offense, the officer shall arrest the offender without a
  666  warrant, and a warrant need not be issued in the case.
  667         Section 14. This act shall take effect October 1, 2018.
  668  
  669  ================= T I T L E  A M E N D M E N T ================
  670  And the title is amended as follows:
  671         Delete everything before the enacting clause
  672  and insert:
  673                        A bill to be entitled                      
  674         An act relating to conditional medical release;
  675         amending s. 947.149, F.S.; defining the term “inmate
  676         with a debilitating illness”; expanding eligibility
  677         for conditional medical release to include inmates
  678         with debilitating illnesses; creating permissive
  679         conditional medical release; requiring the Department
  680         of Corrections to refer eligible inmates; authorizing
  681         the Florida Commission on Offender Review to release
  682         eligible inmates; creating mandatory conditional
  683         medical release; providing criteria for eligibility;
  684         requiring the department to refer an eligible inmate
  685         to the commission; requiring that certain inmates
  686         whose eligibility is verified by the commission be
  687         placed on conditional medical release; requiring that
  688         the department’s referral for release include certain
  689         information; requiring the commission to review the
  690         information and verify an inmate’s eligibility within
  691         a certain timeframe; authorizing electronic monitoring
  692         for an inmate on conditional medical release;
  693         reenacting ss. 316.1935(6), 775.084(4)(k),
  694         775.087(2)(b) and(3)(b), 784.07(3), 790.235(1),
  695         794.0115(7), 893.135(1)(b), (c), and (g) and (3),
  696         921.0024(2), 944.605(7)(b), 944.70(1)(b),
  697         947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
  698         relating to authorized conditional medical release
  699         granted under s. 947.149, F.S., to incorporate the
  700         amendment made to s. 947.149, F.S., in references
  701         thereto; providing an effective date.