Florida Senate - 2019                                     SB 346
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00738B-19                                           2019346__
    1                        A bill to be entitled                      
    2         An act relating to conditional medical release;
    3         amending s. 947.005, F.S.; defining the terms
    4         “conditional medical release” and “electronic
    5         monitoring device”; amending s. 947.149, F.S.;
    6         expanding eligibility for conditional medical release
    7         to include inmates with debilitating illnesses;
    8         defining the term “inmate with a debilitating
    9         illness”; redefining the term “terminally ill inmate”;
   10         reenacting ss. 316.1935(6), 775.084(4)(k),
   11         775.087(2)(b) and (3)(b), 784.07(3), 790.235(1),
   12         794.0115(7), 893.135(1)(b), (c), and (g), and (3),
   13         921.0024(2), 944.605(7)(b), 944.70(1)(b),
   14         947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
   15         relating to authorized conditional medical release
   16         granted under s. 947.149, F.S., to incorporate the
   17         amendment made to s. 947.149, F.S., in references
   18         thereto; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Present subsections (4), (5), and (6) through
   23  (15) of section 947.005, Florida Statutes, are redesignated as
   24  subsections (5), (6), and (8) through (17), respectively, and
   25  new subsections (4) and (7) are added to that section, to read:
   26         947.005 Definitions.—As used in this chapter, unless the
   27  context clearly indicates otherwise:
   28         (4) “Conditional medical release” means the release from a
   29  state correctional institution or facility as provided in this
   30  chapter for a medical or physical condition pursuant to s.
   31  947.149.
   32         (7) “Electronic monitoring device” means an active
   33  electronic or telecommunications device that is used to track
   34  and monitor the location of a person. Such devices include, but
   35  are not limited to, voice tracking systems, position tracking
   36  systems, position location systems, and biometric tracking
   37  systems.
   38         Section 2. Subsection (1) of section 947.149, Florida
   39  Statutes, is amended to read:
   40         947.149 Conditional medical release.—
   41         (1) The commission shall, in conjunction with the
   42  department, establish the conditional medical release program.
   43  An inmate is eligible for consideration for release under the
   44  conditional medical release program when the inmate, because of
   45  an existing medical or physical condition, is determined by the
   46  department to be within one of the following designations:
   47         (a) “Inmate with a debilitating illness,” which means an
   48  inmate who is determined to be suffering from a significant and
   49  permanent terminal or nonterminal condition, disease, or
   50  syndrome that has rendered the inmate so physically or
   51  cognitively debilitated or incapacitated as to create a
   52  reasonable probability that the inmate does not constitute a
   53  danger to herself or himself or to others.
   54         (b)(a) “Permanently incapacitated inmate,” which means an
   55  inmate who has a condition caused by injury, disease, or illness
   56  which, to a reasonable degree of medical certainty, renders the
   57  inmate permanently and irreversibly physically incapacitated to
   58  the extent that the inmate does not constitute a danger to
   59  herself or himself or to others.
   60         (c)(b) “Terminally ill inmate,” which means an inmate who
   61  has a condition caused by injury, disease, or illness that
   62  which, to a reasonable degree of medical certainty, renders the
   63  inmate terminally ill to the extent that there can be no
   64  recovery, and death is expected within 12 months is imminent,
   65  and so that the inmate does not constitute a danger to herself
   66  or himself or to others.
   67         Section 3. For the purpose of incorporating the amendment
   68  made by this act to section 947.149, Florida Statutes, in a
   69  reference thereto, subsection (6) of section 316.1935, Florida
   70  Statutes, is reenacted to read:
   71         316.1935 Fleeing or attempting to elude a law enforcement
   72  officer; aggravated fleeing or eluding.—
   73         (6) Notwithstanding s. 948.01, no court may suspend, defer,
   74  or withhold adjudication of guilt or imposition of sentence for
   75  any violation of this section. A person convicted and sentenced
   76  to a mandatory minimum term of incarceration under paragraph
   77  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
   78  time under s. 944.275 or any form of discretionary early
   79  release, other than pardon or executive clemency or conditional
   80  medical release under s. 947.149, prior to serving the mandatory
   81  minimum sentence.
   82         Section 4. For the purpose of incorporating the amendment
   83  made by this act to section 947.149, Florida Statutes, in a
   84  reference thereto, paragraph (k) of subsection (4) of section
   85  775.084, Florida Statutes, is reenacted to read:
   86         775.084 Violent career criminals; habitual felony offenders
   87  and habitual violent felony offenders; three-time violent felony
   88  offenders; definitions; procedure; enhanced penalties or
   89  mandatory minimum prison terms.—
   90         (4)
   91         (k)1. A defendant sentenced under this section as a
   92  habitual felony offender, a habitual violent felony offender, or
   93  a violent career criminal is eligible for gain-time granted by
   94  the Department of Corrections as provided in s. 944.275(4)(b).
   95         2. For an offense committed on or after October 1, 1995, a
   96  defendant sentenced under this section as a violent career
   97  criminal is not eligible for any form of discretionary early
   98  release, other than pardon or executive clemency, or conditional
   99  medical release granted pursuant to s. 947.149.
  100         3. For an offense committed on or after July 1, 1999, a
  101  defendant sentenced under this section as a three-time violent
  102  felony offender shall be released only by expiration of sentence
  103  and shall not be eligible for parole, control release, or any
  104  form of early release.
  105         Section 5. For the purpose of incorporating the amendment
  106  made by this act to section 947.149, Florida Statutes, in a
  107  reference thereto, paragraph (b) of subsection (2) and paragraph
  108  (b) of subsection (3) of section 775.087, Florida Statutes, are
  109  reenacted to read:
  110         775.087 Possession or use of weapon; aggravated battery;
  111  felony reclassification; minimum sentence.—
  112         (2)
  113         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  114  (a)3. does not prevent a court from imposing a longer sentence
  115  of incarceration as authorized by law in addition to the minimum
  116  mandatory sentence, or from imposing a sentence of death
  117  pursuant to other applicable law. Subparagraph (a)1.,
  118  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  119  court to impose a lesser sentence than otherwise required by
  120  law.
  121  
  122  Notwithstanding s. 948.01, adjudication of guilt or imposition
  123  of sentence shall not be suspended, deferred, or withheld, and
  124  the defendant is not eligible for statutory gain-time under s.
  125  944.275 or any form of discretionary early release, other than
  126  pardon or executive clemency, or conditional medical release
  127  under s. 947.149, prior to serving the minimum sentence.
  128         (3)
  129         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  130  (a)3. does not prevent a court from imposing a longer sentence
  131  of incarceration as authorized by law in addition to the minimum
  132  mandatory sentence, or from imposing a sentence of death
  133  pursuant to other applicable law. Subparagraph (a)1.,
  134  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  135  court to impose a lesser sentence than otherwise required by
  136  law.
  137  
  138  Notwithstanding s. 948.01, adjudication of guilt or imposition
  139  of sentence shall not be suspended, deferred, or withheld, and
  140  the defendant is not eligible for statutory gain-time under s.
  141  944.275 or any form of discretionary early release, other than
  142  pardon or executive clemency, or conditional medical release
  143  under s. 947.149, prior to serving the minimum sentence.
  144         Section 6. For the purpose of incorporating the amendment
  145  made by this act to section 947.149, Florida Statutes, in a
  146  reference thereto, subsection (3) of section 784.07, Florida
  147  Statutes, is reenacted to read:
  148         784.07 Assault or battery of law enforcement officers,
  149  firefighters, emergency medical care providers, public transit
  150  employees or agents, or other specified officers;
  151  reclassification of offenses; minimum sentences.—
  152         (3) Any person who is convicted of a battery under
  153  paragraph (2)(b) and, during the commission of the offense, such
  154  person possessed:
  155         (a) A “firearm” or “destructive device” as those terms are
  156  defined in s. 790.001, shall be sentenced to a minimum term of
  157  imprisonment of 3 years.
  158         (b) A semiautomatic firearm and its high-capacity
  159  detachable box magazine, as defined in s. 775.087(3), or a
  160  machine gun as defined in s. 790.001, shall be sentenced to a
  161  minimum term of imprisonment of 8 years.
  162  
  163  Notwithstanding s. 948.01, adjudication of guilt or imposition
  164  of sentence shall not be suspended, deferred, or withheld, and
  165  the defendant is not eligible for statutory gain-time under s.
  166  944.275 or any form of discretionary early release, other than
  167  pardon or executive clemency, or conditional medical release
  168  under s. 947.149, prior to serving the minimum sentence.
  169         Section 7. For the purpose of incorporating the amendment
  170  made by this act to section 947.149, Florida Statutes, in a
  171  reference thereto, subsection (1) of section 790.235, Florida
  172  Statutes, is reenacted to read:
  173         790.235 Possession of firearm or ammunition by violent
  174  career criminal unlawful; penalty.—
  175         (1) Any person who meets the violent career criminal
  176  criteria under s. 775.084(1)(d), regardless of whether such
  177  person is or has previously been sentenced as a violent career
  178  criminal, who owns or has in his or her care, custody,
  179  possession, or control any firearm, ammunition, or electric
  180  weapon or device, or carries a concealed weapon, including a
  181  tear gas gun or chemical weapon or device, commits a felony of
  182  the first degree, punishable as provided in s. 775.082, s.
  183  775.083, or s. 775.084. A person convicted of a violation of
  184  this section shall be sentenced to a mandatory minimum of 15
  185  years’ imprisonment; however, if the person would be sentenced
  186  to a longer term of imprisonment under s. 775.084(4)(d), the
  187  person must be sentenced under that provision. A person
  188  convicted of a violation of this section is not eligible for any
  189  form of discretionary early release, other than pardon,
  190  executive clemency, or conditional medical release under s.
  191  947.149.
  192         Section 8. For the purpose of incorporating the amendment
  193  made by this act to section 947.149, Florida Statutes, in a
  194  reference thereto, subsection (7) of section 794.0115, Florida
  195  Statutes, is reenacted to read:
  196         794.0115 Dangerous sexual felony offender; mandatory
  197  sentencing.—
  198         (7) A defendant sentenced to a mandatory minimum term of
  199  imprisonment under this section is not eligible for statutory
  200  gain-time under s. 944.275 or any form of discretionary early
  201  release, other than pardon or executive clemency, or conditional
  202  medical release under s. 947.149, before serving the minimum
  203  sentence.
  204         Section 9. For the purpose of incorporating the amendment
  205  made by this act to section 947.149, Florida Statutes, in a
  206  reference thereto, paragraphs (b), (c), and (g) of subsection
  207  (1) and subsection (3) of section 893.135, Florida Statutes, are
  208  reenacted to read:
  209         893.135 Trafficking; mandatory sentences; suspension or
  210  reduction of sentences; conspiracy to engage in trafficking.—
  211         (1) Except as authorized in this chapter or in chapter 499
  212  and notwithstanding the provisions of s. 893.13:
  213         (b)1. Any person who knowingly sells, purchases,
  214  manufactures, delivers, or brings into this state, or who is
  215  knowingly in actual or constructive possession of, 28 grams or
  216  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  217  mixture containing cocaine, but less than 150 kilograms of
  218  cocaine or any such mixture, commits a felony of the first
  219  degree, which felony shall be known as “trafficking in cocaine,”
  220  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  221  If the quantity involved:
  222         a. Is 28 grams or more, but less than 200 grams, such
  223  person shall be sentenced to a mandatory minimum term of
  224  imprisonment of 3 years, and the defendant shall be ordered to
  225  pay a fine of $50,000.
  226         b. Is 200 grams or more, but less than 400 grams, such
  227  person shall be sentenced to a mandatory minimum term of
  228  imprisonment of 7 years, and the defendant shall be ordered to
  229  pay a fine of $100,000.
  230         c. Is 400 grams or more, but less than 150 kilograms, such
  231  person shall be sentenced to a mandatory minimum term of
  232  imprisonment of 15 calendar years and pay a fine of $250,000.
  233         2. Any person who knowingly sells, purchases, manufactures,
  234  delivers, or brings into this state, or who is knowingly in
  235  actual or constructive possession of, 150 kilograms or more of
  236  cocaine, as described in s. 893.03(2)(a)4., commits the first
  237  degree felony of trafficking in cocaine. A person who has been
  238  convicted of the first degree felony of trafficking in cocaine
  239  under this subparagraph shall be punished by life imprisonment
  240  and is ineligible for any form of discretionary early release
  241  except pardon or executive clemency or conditional medical
  242  release under s. 947.149. However, if the court determines that,
  243  in addition to committing any act specified in this paragraph:
  244         a. The person intentionally killed an individual or
  245  counseled, commanded, induced, procured, or caused the
  246  intentional killing of an individual and such killing was the
  247  result; or
  248         b. The person’s conduct in committing that act led to a
  249  natural, though not inevitable, lethal result,
  250  
  251  such person commits the capital felony of trafficking in
  252  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  253  person sentenced for a capital felony under this paragraph shall
  254  also be sentenced to pay the maximum fine provided under
  255  subparagraph 1.
  256         3. Any person who knowingly brings into this state 300
  257  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  258  and who knows that the probable result of such importation would
  259  be the death of any person, commits capital importation of
  260  cocaine, a capital felony punishable as provided in ss. 775.082
  261  and 921.142. Any person sentenced for a capital felony under
  262  this paragraph shall also be sentenced to pay the maximum fine
  263  provided under subparagraph 1.
  264         (c)1. A person who knowingly sells, purchases,
  265  manufactures, delivers, or brings into this state, or who is
  266  knowingly in actual or constructive possession of, 4 grams or
  267  more of any morphine, opium, hydromorphone, or any salt,
  268  derivative, isomer, or salt of an isomer thereof, including
  269  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  270  (3)(c)4., or 4 grams or more of any mixture containing any such
  271  substance, but less than 30 kilograms of such substance or
  272  mixture, commits a felony of the first degree, which felony
  273  shall be known as “trafficking in illegal drugs,” punishable as
  274  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  275  quantity involved:
  276         a. Is 4 grams or more, but less than 14 grams, such person
  277  shall be sentenced to a mandatory minimum term of imprisonment
  278  of 3 years and shall be ordered to pay a fine of $50,000.
  279         b. Is 14 grams or more, but less than 28 grams, such person
  280  shall be sentenced to a mandatory minimum term of imprisonment
  281  of 15 years and shall be ordered to pay a fine of $100,000.
  282         c. Is 28 grams or more, but less than 30 kilograms, such
  283  person shall be sentenced to a mandatory minimum term of
  284  imprisonment of 25 years and shall be ordered to pay a fine of
  285  $500,000.
  286         2. A person who knowingly sells, purchases, manufactures,
  287  delivers, or brings into this state, or who is knowingly in
  288  actual or constructive possession of, 14 grams or more of
  289  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  290  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  291  grams or more of any mixture containing any such substance,
  292  commits a felony of the first degree, which felony shall be
  293  known as “trafficking in hydrocodone,” punishable as provided in
  294  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  295         a. Is 14 grams or more, but less than 28 grams, such person
  296  shall be sentenced to a mandatory minimum term of imprisonment
  297  of 3 years and shall be ordered to pay a fine of $50,000.
  298         b. Is 28 grams or more, but less than 50 grams, such person
  299  shall be sentenced to a mandatory minimum term of imprisonment
  300  of 7 years and shall be ordered to pay a fine of $100,000.
  301         c. Is 50 grams or more, but less than 200 grams, such
  302  person shall be sentenced to a mandatory minimum term of
  303  imprisonment of 15 years and shall be ordered to pay a fine of
  304  $500,000.
  305         d. Is 200 grams or more, but less than 30 kilograms, such
  306  person shall be sentenced to a mandatory minimum term of
  307  imprisonment of 25 years and shall be ordered to pay a fine of
  308  $750,000.
  309         3. A person who knowingly sells, purchases, manufactures,
  310  delivers, or brings into this state, or who is knowingly in
  311  actual or constructive possession of, 7 grams or more of
  312  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  313  thereof, or 7 grams or more of any mixture containing any such
  314  substance, commits a felony of the first degree, which felony
  315  shall be known as “trafficking in oxycodone,” punishable as
  316  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  317  quantity involved:
  318         a. Is 7 grams or more, but less than 14 grams, such person
  319  shall be sentenced to a mandatory minimum term of imprisonment
  320  of 3 years and shall be ordered to pay a fine of $50,000.
  321         b. Is 14 grams or more, but less than 25 grams, such person
  322  shall be sentenced to a mandatory minimum term of imprisonment
  323  of 7 years and shall be ordered to pay a fine of $100,000.
  324         c. Is 25 grams or more, but less than 100 grams, such
  325  person shall be sentenced to a mandatory minimum term of
  326  imprisonment of 15 years and shall be ordered to pay a fine of
  327  $500,000.
  328         d. Is 100 grams or more, but less than 30 kilograms, such
  329  person shall be sentenced to a mandatory minimum term of
  330  imprisonment of 25 years and shall be ordered to pay a fine of
  331  $750,000.
  332         4.a. A person who knowingly sells, purchases, manufactures,
  333  delivers, or brings into this state, or who is knowingly in
  334  actual or constructive possession of, 4 grams or more of:
  335         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  336         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  337         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  338         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  339         (V) A fentanyl derivative, as described in s.
  340  893.03(1)(a)62.;
  341         (VI) A controlled substance analog, as described in s.
  342  893.0356, of any substance described in sub-sub-subparagraphs
  343  (I)-(V); or
  344         (VII) A mixture containing any substance described in sub
  345  sub-subparagraphs (I)-(VI),
  346  
  347  commits a felony of the first degree, which felony shall be
  348  known as “trafficking in fentanyl,” punishable as provided in s.
  349  775.082, s. 775.083, or s. 775.084.
  350         b. If the quantity involved under sub-subparagraph a.:
  351         (I) Is 4 grams or more, but less than 14 grams, such person
  352  shall be sentenced to a mandatory minimum term of imprisonment
  353  of 3 years, and shall be ordered to pay a fine of $50,000.
  354         (II) Is 14 grams or more, but less than 28 grams, such
  355  person shall be sentenced to a mandatory minimum term of
  356  imprisonment of 15 years, and shall be ordered to pay a fine of
  357  $100,000.
  358         (III) Is 28 grams or more, such person shall be sentenced
  359  to a mandatory minimum term of imprisonment of 25 years, and
  360  shall be ordered to pay a fine of $500,000.
  361         5. A person who knowingly sells, purchases, manufactures,
  362  delivers, or brings into this state, or who is knowingly in
  363  actual or constructive possession of, 30 kilograms or more of
  364  any morphine, opium, oxycodone, hydrocodone, codeine,
  365  hydromorphone, or any salt, derivative, isomer, or salt of an
  366  isomer thereof, including heroin, as described in s.
  367  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  368  more of any mixture containing any such substance, commits the
  369  first degree felony of trafficking in illegal drugs. A person
  370  who has been convicted of the first degree felony of trafficking
  371  in illegal drugs under this subparagraph shall be punished by
  372  life imprisonment and is ineligible for any form of
  373  discretionary early release except pardon or executive clemency
  374  or conditional medical release under s. 947.149. However, if the
  375  court determines that, in addition to committing any act
  376  specified in this paragraph:
  377         a. The person intentionally killed an individual or
  378  counseled, commanded, induced, procured, or caused the
  379  intentional killing of an individual and such killing was the
  380  result; or
  381         b. The person’s conduct in committing that act led to a
  382  natural, though not inevitable, lethal result,
  383  
  384  such person commits the capital felony of trafficking in illegal
  385  drugs, punishable as provided in ss. 775.082 and 921.142. A
  386  person sentenced for a capital felony under this paragraph shall
  387  also be sentenced to pay the maximum fine provided under
  388  subparagraph 1.
  389         6. A person who knowingly brings into this state 60
  390  kilograms or more of any morphine, opium, oxycodone,
  391  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  392  isomer, or salt of an isomer thereof, including heroin, as
  393  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  394  60 kilograms or more of any mixture containing any such
  395  substance, and who knows that the probable result of such
  396  importation would be the death of a person, commits capital
  397  importation of illegal drugs, a capital felony punishable as
  398  provided in ss. 775.082 and 921.142. A person sentenced for a
  399  capital felony under this paragraph shall also be sentenced to
  400  pay the maximum fine provided under subparagraph 1.
  401         (g)1. Any person who knowingly sells, purchases,
  402  manufactures, delivers, or brings into this state, or who is
  403  knowingly in actual or constructive possession of, 4 grams or
  404  more of flunitrazepam or any mixture containing flunitrazepam as
  405  described in s. 893.03(1)(a) commits a felony of the first
  406  degree, which felony shall be known as “trafficking in
  407  flunitrazepam,” punishable as provided in s. 775.082, s.
  408  775.083, or s. 775.084. If the quantity involved:
  409         a. Is 4 grams or more but less than 14 grams, such person
  410  shall be sentenced to a mandatory minimum term of imprisonment
  411  of 3 years, and the defendant shall be ordered to pay a fine of
  412  $50,000.
  413         b. Is 14 grams or more but less than 28 grams, such person
  414  shall be sentenced to a mandatory minimum term of imprisonment
  415  of 7 years, and the defendant shall be ordered to pay a fine of
  416  $100,000.
  417         c. Is 28 grams or more but less than 30 kilograms, such
  418  person shall be sentenced to a mandatory minimum term of
  419  imprisonment of 25 calendar years and pay a fine of $500,000.
  420         2. Any person who knowingly sells, purchases, manufactures,
  421  delivers, or brings into this state or who is knowingly in
  422  actual or constructive possession of 30 kilograms or more of
  423  flunitrazepam or any mixture containing flunitrazepam as
  424  described in s. 893.03(1)(a) commits the first degree felony of
  425  trafficking in flunitrazepam. A person who has been convicted of
  426  the first degree felony of trafficking in flunitrazepam under
  427  this subparagraph shall be punished by life imprisonment and is
  428  ineligible for any form of discretionary early release except
  429  pardon or executive clemency or conditional medical release
  430  under s. 947.149. However, if the court determines that, in
  431  addition to committing any act specified in this paragraph:
  432         a. The person intentionally killed an individual or
  433  counseled, commanded, induced, procured, or caused the
  434  intentional killing of an individual and such killing was the
  435  result; or
  436         b. The person’s conduct in committing that act led to a
  437  natural, though not inevitable, lethal result,
  438  
  439  such person commits the capital felony of trafficking in
  440  flunitrazepam, punishable as provided in ss. 775.082 and
  441  921.142. Any person sentenced for a capital felony under this
  442  paragraph shall also be sentenced to pay the maximum fine
  443  provided under subparagraph 1.
  444         (3) Notwithstanding the provisions of s. 948.01, with
  445  respect to any person who is found to have violated this
  446  section, adjudication of guilt or imposition of sentence shall
  447  not be suspended, deferred, or withheld, nor shall such person
  448  be eligible for parole prior to serving the mandatory minimum
  449  term of imprisonment prescribed by this section. A person
  450  sentenced to a mandatory minimum term of imprisonment under this
  451  section is not eligible for any form of discretionary early
  452  release, except pardon or executive clemency or conditional
  453  medical release under s. 947.149, prior to serving the mandatory
  454  minimum term of imprisonment.
  455         Section 10. For the purpose of incorporating the amendment
  456  made by this act to section 947.149, Florida Statutes, in a
  457  reference thereto, subsection (2) of section 921.0024, Florida
  458  Statutes, is reenacted to read:
  459         921.0024 Criminal Punishment Code; worksheet computations;
  460  scoresheets.—
  461         (2) The lowest permissible sentence is the minimum sentence
  462  that may be imposed by the trial court, absent a valid reason
  463  for departure. The lowest permissible sentence is any nonstate
  464  prison sanction in which the total sentence points equals or is
  465  less than 44 points, unless the court determines within its
  466  discretion that a prison sentence, which may be up to the
  467  statutory maximums for the offenses committed, is appropriate.
  468  When the total sentence points exceeds 44 points, the lowest
  469  permissible sentence in prison months shall be calculated by
  470  subtracting 28 points from the total sentence points and
  471  decreasing the remaining total by 25 percent. The total sentence
  472  points shall be calculated only as a means of determining the
  473  lowest permissible sentence. The permissible range for
  474  sentencing shall be the lowest permissible sentence up to and
  475  including the statutory maximum, as defined in s. 775.082, for
  476  the primary offense and any additional offenses before the court
  477  for sentencing. The sentencing court may impose such sentences
  478  concurrently or consecutively. However, any sentence to state
  479  prison must exceed 1 year. If the lowest permissible sentence
  480  under the code exceeds the statutory maximum sentence as
  481  provided in s. 775.082, the sentence required by the code must
  482  be imposed. If the total sentence points are greater than or
  483  equal to 363, the court may sentence the offender to life
  484  imprisonment. An offender sentenced to life imprisonment under
  485  this section is not eligible for any form of discretionary early
  486  release, except executive clemency or conditional medical
  487  release under s. 947.149.
  488         Section 11. For the purpose of incorporating the amendment
  489  made by this act to section 947.149, Florida Statutes, in a
  490  reference thereto, paragraph (b) of subsection (7) of section
  491  944.605, Florida Statutes, is reenacted to read:
  492         944.605 Inmate release; notification; identification card.—
  493         (7)
  494         (b) Paragraph (a) does not apply to inmates who:
  495         1. The department determines have a valid driver license or
  496  state identification card, except that the department shall
  497  provide these inmates with a replacement state identification
  498  card or replacement driver license, if necessary.
  499         2. Have an active detainer, unless the department
  500  determines that cancellation of the detainer is likely or that
  501  the incarceration for which the detainer was issued will be less
  502  than 12 months in duration.
  503         3. Are released due to an emergency release or a
  504  conditional medical release under s. 947.149.
  505         4. Are not in the physical custody of the department at or
  506  within 180 days before release.
  507         5. Are subject to sex offender residency restrictions, and
  508  who, upon release under such restrictions, do not have a
  509  qualifying address.
  510         Section 12. For the purpose of incorporating the amendment
  511  made by this act to section 947.149, Florida Statutes, in a
  512  reference thereto, paragraph (b) of subsection (1) of section
  513  944.70, Florida Statutes, is reenacted to read:
  514         944.70 Conditions for release from incarceration.—
  515         (1)
  516         (b) A person who is convicted of a crime committed on or
  517  after January 1, 1994, may be released from incarceration only:
  518         1. Upon expiration of the person’s sentence;
  519         2. Upon expiration of the person’s sentence as reduced by
  520  accumulated meritorious or incentive gain-time;
  521         3. As directed by an executive order granting clemency;
  522         4. Upon placement in a conditional release program pursuant
  523  to s. 947.1405 or a conditional medical release program pursuant
  524  to s. 947.149; or
  525         5. Upon the granting of control release, including
  526  emergency control release, pursuant to s. 947.146.
  527         Section 13. For the purpose of incorporating the amendment
  528  made by this act to section 947.149, Florida Statutes, in a
  529  reference thereto, paragraph (h) of subsection (1) of section
  530  947.13, Florida Statutes, is reenacted to read:
  531         947.13 Powers and duties of commission.—
  532         (1) The commission shall have the powers and perform the
  533  duties of:
  534         (h) Determining what persons will be released on
  535  conditional medical release under s. 947.149, establishing the
  536  conditions of conditional medical release, and determining
  537  whether a person has violated the conditions of conditional
  538  medical release and taking action with respect to such a
  539  violation.
  540         Section 14. For the purpose of incorporating the amendment
  541  made by this act to section 947.149, Florida Statutes, in a
  542  reference thereto, subsections (1), (2), and (7) of section
  543  947.141, Florida Statutes, are reenacted to read:
  544         947.141 Violations of conditional release, control release,
  545  or conditional medical release or addiction-recovery
  546  supervision.—
  547         (1) If a member of the commission or a duly authorized
  548  representative of the commission has reasonable grounds to
  549  believe that an offender who is on release supervision under s.
  550  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  551  the terms and conditions of the release in a material respect,
  552  such member or representative may cause a warrant to be issued
  553  for the arrest of the releasee; if the offender was found to be
  554  a sexual predator, the warrant must be issued.
  555         (2) Upon the arrest on a felony charge of an offender who
  556  is on release supervision under s. 947.1405, s. 947.146, s.
  557  947.149, or s. 944.4731, the offender must be detained without
  558  bond until the initial appearance of the offender at which a
  559  judicial determination of probable cause is made. If the trial
  560  court judge determines that there was no probable cause for the
  561  arrest, the offender may be released. If the trial court judge
  562  determines that there was probable cause for the arrest, such
  563  determination also constitutes reasonable grounds to believe
  564  that the offender violated the conditions of the release. Within
  565  24 hours after the trial court judge’s finding of probable
  566  cause, the detention facility administrator or designee shall
  567  notify the commission and the department of the finding and
  568  transmit to each a facsimile copy of the probable cause
  569  affidavit or the sworn offense report upon which the trial court
  570  judge’s probable cause determination is based. The offender must
  571  continue to be detained without bond for a period not exceeding
  572  72 hours excluding weekends and holidays after the date of the
  573  probable cause determination, pending a decision by the
  574  commission whether to issue a warrant charging the offender with
  575  violation of the conditions of release. Upon the issuance of the
  576  commission’s warrant, the offender must continue to be held in
  577  custody pending a revocation hearing held in accordance with
  578  this section.
  579         (7) If a law enforcement officer has probable cause to
  580  believe that an offender who is on release supervision under s.
  581  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  582  the terms and conditions of his or her release by committing a
  583  felony offense, the officer shall arrest the offender without a
  584  warrant, and a warrant need not be issued in the case.
  585         Section 15. This act shall take effect October 1, 2019.