Florida Senate - 2020                              CS for SB 574
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes and
       Perry
       
       
       
       
       591-02026-20                                           2020574c1
    1                        A bill to be entitled                      
    2         An act relating to conditional aging inmate release;
    3         creating s. 945.0912, F.S.; establishing the
    4         conditional aging inmate release program within the
    5         Department of Corrections; establishing a panel to
    6         consider specified matters; providing for program
    7         eligibility; requiring that an inmate who meets
    8         certain criteria be considered for conditional aging
    9         inmate release; providing that the inmate does not
   10         have a right to release; requiring the department to
   11         identify eligible inmates; requiring the department to
   12         refer an inmate to the panel for consideration;
   13         providing victim notification requirements under
   14         certain circumstances; requiring the panel to conduct
   15         a hearing within a specified timeframe; providing
   16         requirements for the hearing; providing that an inmate
   17         who is approved for conditional aging inmate release
   18         must be released from the department’s custody within
   19         a reasonable amount of time; providing that an inmate
   20         is considered an aging releasee upon release from the
   21         department into the community; providing a review
   22         process for an inmate who is denied release; providing
   23         conditions for release; prohibiting an aging releasee
   24         or his or her community-based housing from being
   25         counted in the prison system population and the prison
   26         capacity figures, respectively; providing for the
   27         revocation of conditional aging inmate release;
   28         requiring the aging releasee to be detained if a
   29         violation is based on certain circumstances;
   30         authorizing the aging releasee to be returned to the
   31         department if he or she violates any conditions of the
   32         release; requiring a majority of the panel to agree on
   33         the appropriateness of revocation; authorizing the
   34         forfeiture of gain-time if the revocation is based on
   35         certain violations; providing a review process for an
   36         aging releasee who has his or her released revoked;
   37         requiring the aging releasee to be given specified
   38         information in certain instances; providing rulemaking
   39         authority; amending ss. 316.1935, 775.084, 775.087,
   40         784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605,
   41         and 944.70, F.S.; conforming cross-references;
   42         providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 945.0912, Florida Statutes, is created
   47  to read:
   48         945.0912 Conditional aging inmate release.—
   49         (1) CREATION.—There is established a conditional aging
   50  inmate release program within the department for the purpose of
   51  determining eligible inmates who are appropriate for such
   52  release, supervising the released inmates, and conducting
   53  revocation hearings as provided for in this section. The program
   54  must include a panel of at least three people appointed by the
   55  secretary or his or her designee for the purpose of determining
   56  the appropriateness of conditional aging inmate release and
   57  conducting revocation hearings on the inmate releases.
   58         (2) ELIGIBILITY.—
   59         (a) An inmate is eligible for consideration for release
   60  under the conditional aging inmate release program when the
   61  inmate has reached 70 years of age and has served at least 10
   62  years on his or her term of imprisonment.
   63         (b) An inmate may not be considered for release through the
   64  program if he or she has ever been found guilty of, regardless
   65  of adjudication, or entered a plea of nolo contendere or guilty
   66  to, or has been adjudicated delinquent for committing:
   67         1. A violation of any of the following sections which
   68  results in the actual killing of a human being:
   69         a. Section 775.33(4).
   70         b. Section 782.04(1) or (2).
   71         c. Section 782.09.
   72         2. Any felony offense that serves as a predicate to
   73  registration as a sexual offender in accordance with s.
   74  943.0435; or
   75         3. Any similar offense committed in another jurisdiction
   76  which would be an offense listed in this paragraph if it had
   77  been committed in violation of the laws of this state.
   78         (3) REFERRAL FOR CONSIDERATION.—
   79         (a)1. Notwithstanding any provision to the contrary, an
   80  inmate in the custody of the department who is eligible for
   81  consideration pursuant to subsection (2) must be considered for
   82  the conditional aging inmate release program.
   83         2. The authority to grant conditional aging inmate release
   84  rests solely with the department. An inmate does not have a
   85  right to such release.
   86         (b) The department must identify inmates who may be
   87  eligible for the conditional aging inmate release program. In
   88  considering an inmate for conditional aging inmate release, the
   89  department may require the production of additional evidence or
   90  any other additional investigations that the department deems
   91  are necessary for determining the appropriateness of the
   92  eligible inmate’s release.
   93         (c) The department must refer an inmate to the panel
   94  established under subsection (1) for review and determination of
   95  conditional aging inmate release upon his or her identification
   96  as potentially eligible for release pursuant to this section.
   97         (d) If the case that resulted in the inmate’s commitment to
   98  the department involved a victim, and the victim specifically
   99  requested notification pursuant to s. 16, Art. I of the State
  100  Constitution, the department must notify the victim of the
  101  inmate’s referral to the panel immediately upon identification
  102  of the inmate as potentially eligible for release under this
  103  section. Additionally, the victim must be afforded the right to
  104  be heard regarding the release of the inmate.
  105         (4) DETERMINATION OF RELEASE.—
  106         (a) Within 45 days after receiving the referral, the panel
  107  established in subsection (1) must conduct a hearing to
  108  determine whether the inmate is appropriate for conditional
  109  aging inmate release.
  110         (b) A majority of the panel members must agree that the
  111  inmate is appropriate for release pursuant to this section. If
  112  conditional aging inmate release is approved, the inmate must be
  113  released by the department to the community within a reasonable
  114  amount of time with necessary release conditions imposed
  115  pursuant to subsection (5). An inmate who is granted conditional
  116  aging inmate release is considered an aging releasee upon
  117  release to the community.
  118         (c) An inmate who is denied conditional aging inmate
  119  release by the panel may have the decision reviewed by the
  120  department’s general counsel, who must make a recommendation to
  121  the secretary. The secretary must review all relevant
  122  information and make a final decision about the appropriateness
  123  of conditional aging inmate release pursuant to this section.
  124  The decision of the secretary is a final administrative decision
  125  not subject to appeal. An inmate who is denied conditional aging
  126  inmate release may be subsequently reconsidered for such release
  127  in a manner prescribed by rule.
  128         (5) RELEASE CONDITIONS.—
  129         (a) An inmate granted release pursuant to this section is
  130  released for a period equal to the length of time remaining on
  131  his or her term of imprisonment on the date the release is
  132  granted. Such inmate is considered an aging releasee upon
  133  release from the department into the community. The aging
  134  releasee must comply with all reasonable conditions of release
  135  the department imposes, which must include, at a minimum:
  136         1. Supervision by an officer trained to handle special
  137  offender caseloads.
  138         2. Active electronic monitoring, if such monitoring is
  139  determined to be necessary to ensure the safety of the public
  140  and the aging releasee’s compliance with release conditions.
  141         3. Any conditions of community control provided for in s.
  142  948.101.
  143         4. Any other conditions the department deems appropriate to
  144  ensure the safety of the community and compliance by the aging
  145  releasee.
  146         (b) An aging releasee is considered to be in the care,
  147  custody, supervision, and control of the department and remains
  148  eligible to earn or lose gain-time in accordance with s. 944.275
  149  and department rule. The aging releasee may not be counted in
  150  the prison system population, and the aging releasee’s approved
  151  community-based housing location may not be counted in the
  152  capacity figures for the prison system.
  153         (6) REVOCATION HEARING AND RECOMMITMENT.—
  154         (a)1.An aging releasee’s conditional aging inmate release
  155  may be revoked for a violation of any condition of the release
  156  established by the department, including, but not limited to, a
  157  new violation of law.
  158         2. If the basis of the violation of release conditions is
  159  related to a new violation of law, the aging releasee must be
  160  detained without bond until his or her initial appearance, at
  161  which a judicial determination of probable cause is made. If the
  162  judge determines that there was no probable cause for the
  163  arrest, the aging releasee may be released. If the judge
  164  determines that there was probable cause for the arrest, the
  165  judge’s determination also constitutes reasonable grounds to
  166  believe that the aging releasee violated the conditions of the
  167  release.
  168         3. The department must order that the aging releasee
  169  subject to revocation under this paragraph be returned to
  170  department custody for a conditional aging inmate release
  171  revocation hearing as prescribed by rule.
  172         4. A majority of the panel members must agree that
  173  revocation is appropriate for the aging releasee’s conditional
  174  aging inmate release to be revoked. If conditional aging inmate
  175  release is revoked pursuant to this paragraph, the aging
  176  releasee must serve the balance of his or her sentence with
  177  credit for the actual time served on conditional aging inmate
  178  release. The aging releasee’s gain-time accrued before
  179  recommitment may be forfeited pursuant to s. 944.28(1). If the
  180  aging releasee whose conditional aging inmate release is revoked
  181  subject to this paragraph would otherwise be eligible for parole
  182  or any other release program, he or she may be considered for
  183  such release program pursuant to law.
  184         5. An aging releasee whose release has been revoked
  185  pursuant to this paragraph may have the revocation reviewed by
  186  the department’s general counsel, who must make a recommendation
  187  to the secretary. The secretary must review all relevant
  188  information and make a final decision about the appropriateness
  189  of the revocation of conditional aging inmate release pursuant
  190  to this paragraph. The decision of the secretary is a final
  191  administrative decision not subject to appeal.
  192         (b) If the aging releasee subject to revocation under
  193  paragraph (a) elects to proceed with a hearing, the aging
  194  releasee must be informed orally and in writing of the
  195  following:
  196         1. The alleged violation with which the releasee is
  197  charged.
  198         2. The releasee’s right to be represented by counsel.
  199  However, this subparagraph does not create a right to publicly
  200  funded legal counsel.
  201         3. The releasee’s right to be heard in person.
  202         4. The releasee’s right to secure, present, and compel the
  203  attendance of witnesses relevant to the proceeding.
  204         5. The releasee’s right to produce documents on his or her
  205  own behalf.
  206         6. The releasee’s right of access to all evidence used
  207  against the releasee and to confront and cross-examine adverse
  208  witnesses.
  209         7. The releasee’s right to waive the hearing.
  210         (7) RULEMAKING AUTHORITY.—The department may adopt rules as
  211  necessary to implement this section.
  212         Section 2. Subsection (6) of section 316.1935, Florida
  213  Statutes, is amended to read:
  214         316.1935 Fleeing or attempting to elude a law enforcement
  215  officer; aggravated fleeing or eluding.—
  216         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  217  or withhold adjudication of guilt or imposition of sentence for
  218  any violation of this section. A person convicted and sentenced
  219  to a mandatory minimum term of incarceration under paragraph
  220  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  221  time under s. 944.275 or any form of discretionary early
  222  release, other than pardon or executive clemency, or conditional
  223  medical release under s. 947.149, or conditional aging inmate
  224  release under s. 945.0912, prior to serving the mandatory
  225  minimum sentence.
  226         Section 3. Paragraph (k) of subsection (4) of section
  227  775.084, Florida Statutes, is amended to read:
  228         775.084 Violent career criminals; habitual felony offenders
  229  and habitual violent felony offenders; three-time violent felony
  230  offenders; definitions; procedure; enhanced penalties or
  231  mandatory minimum prison terms.—
  232         (4)
  233         (k)1. A defendant sentenced under this section as a
  234  habitual felony offender, a habitual violent felony offender, or
  235  a violent career criminal is eligible for gain-time granted by
  236  the Department of Corrections as provided in s. 944.275(4)(b).
  237         2. For an offense committed on or after October 1, 1995, a
  238  defendant sentenced under this section as a violent career
  239  criminal is not eligible for any form of discretionary early
  240  release, other than pardon or executive clemency, or conditional
  241  medical release under granted pursuant to s. 947.149, or
  242  conditional aging inmate release under s. 945.0912.
  243         3. For an offense committed on or after July 1, 1999, a
  244  defendant sentenced under this section as a three-time violent
  245  felony offender shall be released only by expiration of sentence
  246  and shall not be eligible for parole, control release, or any
  247  form of early release.
  248         Section 4. Paragraph (b) of subsection (2) and paragraph
  249  (b) of subsection (3) of section 775.087, Florida Statutes, are
  250  amended to read:
  251         775.087 Possession or use of weapon; aggravated battery;
  252  felony reclassification; minimum sentence.—
  253         (2)
  254         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  255  (a)3. does not prevent a court from imposing a longer sentence
  256  of incarceration as authorized by law in addition to the minimum
  257  mandatory sentence, or from imposing a sentence of death
  258  pursuant to other applicable law. Subparagraph (a)1.,
  259  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  260  court to impose a lesser sentence than otherwise required by
  261  law.
  262  
  263  Notwithstanding s. 948.01, adjudication of guilt or imposition
  264  of sentence shall not be suspended, deferred, or withheld, and
  265  the defendant is not eligible for statutory gain-time under s.
  266  944.275 or any form of discretionary early release, other than
  267  pardon or executive clemency, or conditional medical release
  268  under s. 947.149, or conditional aging inmate release under s.
  269  945.0912, prior to serving the minimum sentence.
  270         (3)
  271         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  272  (a)3. does not prevent a court from imposing a longer sentence
  273  of incarceration as authorized by law in addition to the minimum
  274  mandatory sentence, or from imposing a sentence of death
  275  pursuant to other applicable law. Subparagraph (a)1.,
  276  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  277  court to impose a lesser sentence than otherwise required by
  278  law.
  279  
  280  Notwithstanding s. 948.01, adjudication of guilt or imposition
  281  of sentence shall not be suspended, deferred, or withheld, and
  282  the defendant is not eligible for statutory gain-time under s.
  283  944.275 or any form of discretionary early release, other than
  284  pardon or executive clemency, or conditional medical release
  285  under s. 947.149, or conditional aging inmate release under s.
  286  945.0912, prior to serving the minimum sentence.
  287         Section 5. Subsection (3) of section 784.07, Florida
  288  Statutes, is amended to read:
  289         784.07 Assault or battery of law enforcement officers,
  290  firefighters, emergency medical care providers, public transit
  291  employees or agents, or other specified officers;
  292  reclassification of offenses; minimum sentences.—
  293         (3) Any person who is convicted of a battery under
  294  paragraph (2)(b) and, during the commission of the offense, such
  295  person possessed:
  296         (a) A “firearm” or “destructive device” as those terms are
  297  defined in s. 790.001, shall be sentenced to a minimum term of
  298  imprisonment of 3 years.
  299         (b) A semiautomatic firearm and its high-capacity
  300  detachable box magazine, as defined in s. 775.087(3), or a
  301  machine gun as defined in s. 790.001, shall be sentenced to a
  302  minimum term of imprisonment of 8 years.
  303  
  304  Notwithstanding s. 948.01, adjudication of guilt or imposition
  305  of sentence shall not be suspended, deferred, or withheld, and
  306  the defendant is not eligible for statutory gain-time under s.
  307  944.275 or any form of discretionary early release, other than
  308  pardon or executive clemency, or conditional medical release
  309  under s. 947.149, or conditional aging inmate release under s.
  310  945.0912, prior to serving the minimum sentence.
  311         Section 6. Subsection (1) of section 790.235, Florida
  312  Statutes, is amended to read:
  313         790.235 Possession of firearm or ammunition by violent
  314  career criminal unlawful; penalty.—
  315         (1) Any person who meets the violent career criminal
  316  criteria under s. 775.084(1)(d), regardless of whether such
  317  person is or has previously been sentenced as a violent career
  318  criminal, who owns or has in his or her care, custody,
  319  possession, or control any firearm, ammunition, or electric
  320  weapon or device, or carries a concealed weapon, including a
  321  tear gas gun or chemical weapon or device, commits a felony of
  322  the first degree, punishable as provided in s. 775.082, s.
  323  775.083, or s. 775.084. A person convicted of a violation of
  324  this section shall be sentenced to a mandatory minimum of 15
  325  years’ imprisonment; however, if the person would be sentenced
  326  to a longer term of imprisonment under s. 775.084(4)(d), the
  327  person must be sentenced under that provision. A person
  328  convicted of a violation of this section is not eligible for any
  329  form of discretionary early release, other than pardon,
  330  executive clemency, or conditional medical release under s.
  331  947.149, or conditional aging inmate release under s. 945.0912.
  332         Section 7. Subsection (7) of section 794.0115, Florida
  333  Statutes, is amended to read:
  334         794.0115 Dangerous sexual felony offender; mandatory
  335  sentencing.—
  336         (7) A defendant sentenced to a mandatory minimum term of
  337  imprisonment under this section is not eligible for statutory
  338  gain-time under s. 944.275 or any form of discretionary early
  339  release, other than pardon or executive clemency, or conditional
  340  medical release under s. 947.149, or conditional aging inmate
  341  release under s. 945.0912, before serving the minimum sentence.
  342         Section 8. Paragraphs (b), (c), and (g) of subsection (1)
  343  and subsection (3) of section 893.135, Florida Statutes, are
  344  amended to read:
  345         893.135 Trafficking; mandatory sentences; suspension or
  346  reduction of sentences; conspiracy to engage in trafficking.—
  347         (1) Except as authorized in this chapter or in chapter 499
  348  and notwithstanding the provisions of s. 893.13:
  349         (b)1. Any person who knowingly sells, purchases,
  350  manufactures, delivers, or brings into this state, or who is
  351  knowingly in actual or constructive possession of, 28 grams or
  352  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  353  mixture containing cocaine, but less than 150 kilograms of
  354  cocaine or any such mixture, commits a felony of the first
  355  degree, which felony shall be known as “trafficking in cocaine,”
  356  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  357  If the quantity involved:
  358         a. Is 28 grams or more, but less than 200 grams, such
  359  person shall be sentenced to a mandatory minimum term of
  360  imprisonment of 3 years, and the defendant shall be ordered to
  361  pay a fine of $50,000.
  362         b. Is 200 grams or more, but less than 400 grams, such
  363  person shall be sentenced to a mandatory minimum term of
  364  imprisonment of 7 years, and the defendant shall be ordered to
  365  pay a fine of $100,000.
  366         c. Is 400 grams or more, but less than 150 kilograms, such
  367  person shall be sentenced to a mandatory minimum term of
  368  imprisonment of 15 calendar years and pay a fine of $250,000.
  369         2. Any person who knowingly sells, purchases, manufactures,
  370  delivers, or brings into this state, or who is knowingly in
  371  actual or constructive possession of, 150 kilograms or more of
  372  cocaine, as described in s. 893.03(2)(a)4., commits the first
  373  degree felony of trafficking in cocaine. A person who has been
  374  convicted of the first degree felony of trafficking in cocaine
  375  under this subparagraph shall be punished by life imprisonment
  376  and is ineligible for any form of discretionary early release
  377  except pardon or executive clemency, or conditional medical
  378  release under s. 947.149, or conditional aging inmate release
  379  under s. 945.0912. However, if the court determines that, in
  380  addition to committing any act specified in this paragraph:
  381         a. The person intentionally killed an individual or
  382  counseled, commanded, induced, procured, or caused the
  383  intentional killing of an individual and such killing was the
  384  result; or
  385         b. The person’s conduct in committing that act led to a
  386  natural, though not inevitable, lethal result,
  387  
  388  such person commits the capital felony of trafficking in
  389  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  390  person sentenced for a capital felony under this paragraph shall
  391  also be sentenced to pay the maximum fine provided under
  392  subparagraph 1.
  393         3. Any person who knowingly brings into this state 300
  394  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  395  and who knows that the probable result of such importation would
  396  be the death of any person, commits capital importation of
  397  cocaine, a capital felony punishable as provided in ss. 775.082
  398  and 921.142. Any person sentenced for a capital felony under
  399  this paragraph shall also be sentenced to pay the maximum fine
  400  provided under subparagraph 1.
  401         (c)1. A 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 any morphine, opium, hydromorphone, or any salt,
  405  derivative, isomer, or salt of an isomer thereof, including
  406  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  407  (3)(c)4., or 4 grams or more of any mixture containing any such
  408  substance, but less than 30 kilograms of such substance or
  409  mixture, commits a felony of the first degree, which felony
  410  shall be known as “trafficking in illegal drugs,” punishable as
  411  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  412  quantity involved:
  413         a. Is 4 grams or more, but less than 14 grams, such person
  414  shall be sentenced to a mandatory minimum term of imprisonment
  415  of 3 years and shall be ordered to pay a fine of $50,000.
  416         b. Is 14 grams or more, but less than 28 grams, such person
  417  shall be sentenced to a mandatory minimum term of imprisonment
  418  of 15 years and shall be ordered to pay a fine of $100,000.
  419         c. Is 28 grams or more, but less than 30 kilograms, such
  420  person shall be sentenced to a mandatory minimum term of
  421  imprisonment of 25 years and shall be ordered to pay a fine of
  422  $500,000.
  423         2. A person who knowingly sells, purchases, manufactures,
  424  delivers, or brings into this state, or who is knowingly in
  425  actual or constructive possession of, 28 grams or more of
  426  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  427  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  428  grams or more of any mixture containing any such substance,
  429  commits a felony of the first degree, which felony shall be
  430  known as “trafficking in hydrocodone,” punishable as provided in
  431  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  432         a. Is 28 grams or more, but less than 50 grams, such person
  433  shall be sentenced to a mandatory minimum term of imprisonment
  434  of 3 years and shall be ordered to pay a fine of $50,000.
  435         b. Is 50 grams or more, but less than 100 grams, such
  436  person shall be sentenced to a mandatory minimum term of
  437  imprisonment of 7 years and shall be ordered to pay a fine of
  438  $100,000.
  439         c. Is 100 grams or more, but less than 300 grams, such
  440  person shall be sentenced to a mandatory minimum term of
  441  imprisonment of 15 years and shall be ordered to pay a fine of
  442  $500,000.
  443         d. Is 300 grams or more, but less than 30 kilograms, such
  444  person shall be sentenced to a mandatory minimum term of
  445  imprisonment of 25 years and shall be ordered to pay a fine of
  446  $750,000.
  447         3. A person who knowingly sells, purchases, manufactures,
  448  delivers, or brings into this state, or who is knowingly in
  449  actual or constructive possession of, 7 grams or more of
  450  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  451  thereof, or 7 grams or more of any mixture containing any such
  452  substance, commits a felony of the first degree, which felony
  453  shall be known as “trafficking in oxycodone,” punishable as
  454  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  455  quantity involved:
  456         a. Is 7 grams or more, but less than 14 grams, such person
  457  shall be sentenced to a mandatory minimum term of imprisonment
  458  of 3 years and shall be ordered to pay a fine of $50,000.
  459         b. Is 14 grams or more, but less than 25 grams, such person
  460  shall be sentenced to a mandatory minimum term of imprisonment
  461  of 7 years and shall be ordered to pay a fine of $100,000.
  462         c. Is 25 grams or more, but less than 100 grams, such
  463  person shall be sentenced to a mandatory minimum term of
  464  imprisonment of 15 years and shall be ordered to pay a fine of
  465  $500,000.
  466         d. Is 100 grams or more, but less than 30 kilograms, such
  467  person shall be sentenced to a mandatory minimum term of
  468  imprisonment of 25 years and shall be ordered to pay a fine of
  469  $750,000.
  470         4.a. A person who knowingly sells, purchases, manufactures,
  471  delivers, or brings into this state, or who is knowingly in
  472  actual or constructive possession of, 4 grams or more of:
  473         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  474         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  475         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  476         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  477         (V) A fentanyl derivative, as described in s.
  478  893.03(1)(a)62.;
  479         (VI) A controlled substance analog, as described in s.
  480  893.0356, of any substance described in sub-sub-subparagraphs
  481  (I)-(V); or
  482         (VII) A mixture containing any substance described in sub
  483  sub-subparagraphs (I)-(VI),
  484  
  485  commits a felony of the first degree, which felony shall be
  486  known as “trafficking in fentanyl,” punishable as provided in s.
  487  775.082, s. 775.083, or s. 775.084.
  488         b. If the quantity involved under sub-subparagraph a.:
  489         (I) Is 4 grams or more, but less than 14 grams, such person
  490  shall be sentenced to a mandatory minimum term of imprisonment
  491  of 3 years, and shall be ordered to pay a fine of $50,000.
  492         (II) Is 14 grams or more, but less than 28 grams, such
  493  person shall be sentenced to a mandatory minimum term of
  494  imprisonment of 15 years, and shall be ordered to pay a fine of
  495  $100,000.
  496         (III) Is 28 grams or more, such person shall be sentenced
  497  to a mandatory minimum term of imprisonment of 25 years, and
  498  shall be ordered to pay a fine of $500,000.
  499         5. A person who knowingly sells, purchases, manufactures,
  500  delivers, or brings into this state, or who is knowingly in
  501  actual or constructive possession of, 30 kilograms or more of
  502  any morphine, opium, oxycodone, hydrocodone, codeine,
  503  hydromorphone, or any salt, derivative, isomer, or salt of an
  504  isomer thereof, including heroin, as described in s.
  505  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  506  more of any mixture containing any such substance, commits the
  507  first degree felony of trafficking in illegal drugs. A person
  508  who has been convicted of the first degree felony of trafficking
  509  in illegal drugs under this subparagraph shall be punished by
  510  life imprisonment and is ineligible for any form of
  511  discretionary early release except pardon or executive clemency,
  512  or conditional medical release under s. 947.149, or conditional
  513  aging inmate release under s. 945.0912. However, if the court
  514  determines that, in addition to committing any act specified in
  515  this paragraph:
  516         a. The person intentionally killed an individual or
  517  counseled, commanded, induced, procured, or caused the
  518  intentional killing of an individual and such killing was the
  519  result; or
  520         b. The person’s conduct in committing that act led to a
  521  natural, though not inevitable, lethal result,
  522  
  523  such person commits the capital felony of trafficking in illegal
  524  drugs, punishable as provided in ss. 775.082 and 921.142. A
  525  person sentenced for a capital felony under this paragraph shall
  526  also be sentenced to pay the maximum fine provided under
  527  subparagraph 1.
  528         6. A person who knowingly brings into this state 60
  529  kilograms or more of any morphine, opium, oxycodone,
  530  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  531  isomer, or salt of an isomer thereof, including heroin, as
  532  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  533  60 kilograms or more of any mixture containing any such
  534  substance, and who knows that the probable result of such
  535  importation would be the death of a person, commits capital
  536  importation of illegal drugs, a capital felony punishable as
  537  provided in ss. 775.082 and 921.142. A person sentenced for a
  538  capital felony under this paragraph shall also be sentenced to
  539  pay the maximum fine provided under subparagraph 1.
  540         (g)1. Any person who knowingly sells, purchases,
  541  manufactures, delivers, or brings into this state, or who is
  542  knowingly in actual or constructive possession of, 4 grams or
  543  more of flunitrazepam or any mixture containing flunitrazepam as
  544  described in s. 893.03(1)(a) commits a felony of the first
  545  degree, which felony shall be known as “trafficking in
  546  flunitrazepam,” punishable as provided in s. 775.082, s.
  547  775.083, or s. 775.084. If the quantity involved:
  548         a. Is 4 grams or more but less than 14 grams, such person
  549  shall be sentenced to a mandatory minimum term of imprisonment
  550  of 3 years, and the defendant shall be ordered to pay a fine of
  551  $50,000.
  552         b. Is 14 grams or more but less than 28 grams, such person
  553  shall be sentenced to a mandatory minimum term of imprisonment
  554  of 7 years, and the defendant shall be ordered to pay a fine of
  555  $100,000.
  556         c. Is 28 grams or more but less than 30 kilograms, such
  557  person shall be sentenced to a mandatory minimum term of
  558  imprisonment of 25 calendar years and pay a fine of $500,000.
  559         2. Any person who knowingly sells, purchases, manufactures,
  560  delivers, or brings into this state or who is knowingly in
  561  actual or constructive possession of 30 kilograms or more of
  562  flunitrazepam or any mixture containing flunitrazepam as
  563  described in s. 893.03(1)(a) commits the first degree felony of
  564  trafficking in flunitrazepam. A person who has been convicted of
  565  the first degree felony of trafficking in flunitrazepam under
  566  this subparagraph shall be punished by life imprisonment and is
  567  ineligible for any form of discretionary early release except
  568  pardon or executive clemency, or conditional medical release
  569  under s. 947.149, or conditional aging inmate release under s.
  570  945.0912. However, if the court determines that, in addition to
  571  committing any act specified in this paragraph:
  572         a. The person intentionally killed an individual or
  573  counseled, commanded, induced, procured, or caused the
  574  intentional killing of an individual and such killing was the
  575  result; or
  576         b. The person’s conduct in committing that act led to a
  577  natural, though not inevitable, lethal result,
  578  
  579  such person commits the capital felony of trafficking in
  580  flunitrazepam, punishable as provided in ss. 775.082 and
  581  921.142. Any person sentenced for a capital felony under this
  582  paragraph shall also be sentenced to pay the maximum fine
  583  provided under subparagraph 1.
  584         (3) Notwithstanding the provisions of s. 948.01, with
  585  respect to any person who is found to have violated this
  586  section, adjudication of guilt or imposition of sentence shall
  587  not be suspended, deferred, or withheld, nor shall such person
  588  be eligible for parole prior to serving the mandatory minimum
  589  term of imprisonment prescribed by this section. A person
  590  sentenced to a mandatory minimum term of imprisonment under this
  591  section is not eligible for any form of discretionary early
  592  release, except pardon or executive clemency, or conditional
  593  medical release under s. 947.149, or conditional aging inmate
  594  release under s. 945.0912, prior to serving the mandatory
  595  minimum term of imprisonment.
  596         Section 9. Subsection (2) of section 921.0024, Florida
  597  Statutes, is amended to read:
  598         921.0024 Criminal Punishment Code; worksheet computations;
  599  scoresheets.—
  600         (2) The lowest permissible sentence is the minimum sentence
  601  that may be imposed by the trial court, absent a valid reason
  602  for departure. The lowest permissible sentence is any nonstate
  603  prison sanction in which the total sentence points equals or is
  604  less than 44 points, unless the court determines within its
  605  discretion that a prison sentence, which may be up to the
  606  statutory maximums for the offenses committed, is appropriate.
  607  When the total sentence points exceeds 44 points, the lowest
  608  permissible sentence in prison months shall be calculated by
  609  subtracting 28 points from the total sentence points and
  610  decreasing the remaining total by 25 percent. The total sentence
  611  points shall be calculated only as a means of determining the
  612  lowest permissible sentence. The permissible range for
  613  sentencing shall be the lowest permissible sentence up to and
  614  including the statutory maximum, as defined in s. 775.082, for
  615  the primary offense and any additional offenses before the court
  616  for sentencing. The sentencing court may impose such sentences
  617  concurrently or consecutively. However, any sentence to state
  618  prison must exceed 1 year. If the lowest permissible sentence
  619  under the code exceeds the statutory maximum sentence as
  620  provided in s. 775.082, the sentence required by the code must
  621  be imposed. If the total sentence points are greater than or
  622  equal to 363, the court may sentence the offender to life
  623  imprisonment. An offender sentenced to life imprisonment under
  624  this section is not eligible for any form of discretionary early
  625  release, except executive clemency, or conditional medical
  626  release under s. 947.149, or conditional aging inmate release
  627  under s. 945.0912.
  628         Section 10. Paragraph (b) of subsection (7) of section
  629  944.605, Florida Statutes, is amended to read:
  630         944.605 Inmate release; notification; identification card.—
  631         (7)
  632         (b) Paragraph (a) does not apply to inmates who:
  633         1. The department determines have a valid driver license or
  634  state identification card, except that the department shall
  635  provide these inmates with a replacement state identification
  636  card or replacement driver license, if necessary.
  637         2. Have an active detainer, unless the department
  638  determines that cancellation of the detainer is likely or that
  639  the incarceration for which the detainer was issued will be less
  640  than 12 months in duration.
  641         3. Are released due to an emergency release, or a
  642  conditional medical release under s. 947.149, or conditional
  643  aging inmate release under s. 945.0912.
  644         4. Are not in the physical custody of the department at or
  645  within 180 days before release.
  646         5. Are subject to sex offender residency restrictions, and
  647  who, upon release under such restrictions, do not have a
  648  qualifying address.
  649         Section 11. Subsection (1) of section 944.70, Florida
  650  Statutes, is amended to read:
  651         944.70 Conditions for release from incarceration.—
  652         (1)(a) A person who is convicted of a crime committed on or
  653  after October 1, 1983, but before January 1, 1994, may be
  654  released from incarceration only:
  655         1. Upon expiration of the person’s sentence;
  656         2. Upon expiration of the person’s sentence as reduced by
  657  accumulated gain-time;
  658         3. As directed by an executive order granting clemency;
  659         4. Upon attaining the provisional release date;
  660         5. Upon placement in a conditional release program pursuant
  661  to s. 947.1405; or
  662         6. Upon the granting of control release pursuant to s.
  663  947.146.
  664         (b) A person who is convicted of a crime committed on or
  665  after January 1, 1994, may be released from incarceration only:
  666         1. Upon expiration of the person’s sentence;
  667         2. Upon expiration of the person’s sentence as reduced by
  668  accumulated meritorious or incentive gain-time;
  669         3. As directed by an executive order granting clemency;
  670         4. Upon placement in a conditional release program pursuant
  671  to s. 947.1405, or a conditional medical release program
  672  pursuant to s. 947.149, or a conditional aging inmate release
  673  program pursuant to s. 945.0912; or
  674         5. Upon the granting of control release, including
  675  emergency control release, pursuant to s. 947.146.
  676         Section 12. This act shall take effect October 1, 2020.