Florida Senate - 2021                             CS for SB 1032
       
       
        
       By the Committee on Criminal Justice; and Senator Perry
       
       
       
       
       
       591-02346B-21                                         20211032c1
    1                        A bill to be entitled                      
    2         An act relating to criminal convictions; amending s.
    3         455.213, F.S.; revising the timeframe when a
    4         conviction, or any other adjudication, for a crime may
    5         not be grounds for denial of licensure in specified
    6         professions; removing a provision requiring good moral
    7         character for licensure in such professions; requiring
    8         the applicable board to approve certain education
    9         program credits offered to inmates in correctional
   10         institutions or facilities to satisfy training
   11         requirements for licensure in specified professions;
   12         amending s. 921.002, F.S.; revising the principles
   13         that the Criminal Punishment Code embodies as it
   14         relates to punishment and rehabilitation; conforming
   15         provisions to changes made by the act; amending s.
   16         944.02, F.S.; defining the term “gain-time”; amending
   17         s. 944.275, F.S.; authorizing the Department of
   18         Corrections to grant deductions from sentences in the
   19         form of good behavior time, rehabilitation credits,
   20         and outstanding deed awards, rather than solely for
   21         gain-time, for specified purposes; revising a
   22         prisoner’s “tentative release date” that the
   23         department must calculate for each prisoner based on
   24         his or her good behavior time, rehabilitation credits,
   25         and outstanding deed awards; requiring the department
   26         to grant good behavior time, rather than basic gain
   27         time, as a means of encouraging satisfactory behavior
   28         and developing character traits necessary for
   29         successful reentry to the community, subject to
   30         certain conditions; authorizing the department to
   31         grant rehabilitation credits, rather than incentive
   32         gain-time, for each month during which a prisoner
   33         engages in specified activities; revising the rates of
   34         eligibility to earn rehabilitation credits; increasing
   35         the authorized amount of outstanding deed awards which
   36         a prisoner may be granted per outstanding deed
   37         performed; authorizing the department to grant a
   38         specified number of additional days of rehabilitation
   39         credit for successful completion of specified
   40         programs; defining the term “life skills program”;
   41         providing for retroactivity of specified
   42         rehabilitation credits; authorizing the department to
   43         grant up to a certain additional amount of days per
   44         month to prisoners serving sentences for certain
   45         violations; providing for retroactivity of specified
   46         good behavior time; prohibiting certain prisoners from
   47         being eligible to earn or receive good behavior time
   48         or outstanding deed awards in an amount that would
   49         cause a sentence to expire, end, or terminate, or that
   50         would result in a prisoner’s release, before he or she
   51         serves a specified minimum percentage of the sentence
   52         imposed; prohibiting certain prisoners from earning or
   53         receiving rehabilitation credits in an amount that
   54         would cause a sentence to expire, end, or terminate,
   55         or that would result in a prisoner’s release, before
   56         he or she serves a specified minimum percentage of the
   57         sentence imposed; providing that gain-time may be
   58         forfeited according to law after due process if a
   59         prisoner is found guilty of an infraction of certain
   60         laws or rules; requiring the department to adopt rules
   61         in accordance with the changes made by the act;
   62         conforming provisions to changes made by the act;
   63         making technical changes; amending ss. 316.027,
   64         775.0845, 775.0847, 775.0861, 775.0862, 775.087,
   65         775.0875, 777.03, 777.04, 794.011, 794.023, 817.568,
   66         831.032, 843.22, 874.04, 944.281, 944.473, and 944.70,
   67         F.S.; conforming provisions to changes made by the
   68         act; reenacting ss. 775.084(4)(k), 900.05(2)(v) and
   69         (3)(e), 944.28, 944.605(1), 944.607(6), 947.005(15),
   70         and 985.4815(6)(a), F.S., relating to gain-time
   71         granted by the department, the definition of “gain
   72         time credit earned” and gain-time data that the
   73         department must collect, the forfeiture of gain-time
   74         and the right to earn gain-time in the future, a
   75         required notification of expiration of sentence, a
   76         requirement that a digitized photograph of sexual
   77         offenders be taken within a certain time before
   78         release, the definition of “tentative release date,”
   79         and a requirement that a digitized photograph of
   80         sexual offenders be taken within a certain time before
   81         release, respectively, to incorporate the amendment
   82         made to s. 944.275, F.S., in references thereto;
   83         providing an effective date.
   84          
   85  Be It Enacted by the Legislature of the State of Florida:
   86  
   87         Section 1. Paragraph (b) of subsection (3) of section
   88  455.213, Florida Statutes, is amended, and paragraph (f) is
   89  added to that subsection, to read:
   90         455.213 General licensing provisions.—
   91         (3)
   92         (b)1. A conviction, or any other adjudication, for a crime
   93  more than 2 5 years before the date the application is received
   94  by the applicable board may not be grounds for denial of a
   95  license specified in paragraph (a). For purposes of this
   96  paragraph, the term “conviction” means a determination of guilt
   97  that is the result of a plea or trial, regardless of whether
   98  adjudication is withheld. This paragraph does not limit the
   99  applicable board from considering an applicant’s criminal
  100  history that includes a crime listed in s. 775.21(4)(a)1. or s.
  101  776.08 at any time, but only if such criminal history has been
  102  found to relate to the practice of the applicable profession.
  103         2. The applicable board may consider the criminal history
  104  of an applicant for licensure under subparagraph (a)3. if such
  105  criminal history has been found to relate to good moral
  106  character.
  107         (f) The applicable board shall approve educational programs
  108  credits offered to inmates in any correctional institution or
  109  correctional facility, whether offered as vocational training or
  110  through an industry certification program, for the purposes of
  111  satisfying applicable training requirements for licensure in a
  112  profession specified in paragraph (a).
  113         Section 2. Subsection (1) of section 921.002, Florida
  114  Statutes, is amended to read:
  115         921.002 The Criminal Punishment Code.—The Criminal
  116  Punishment Code shall apply to all felony offenses, except
  117  capital felonies, committed on or after October 1, 1998.
  118         (1) The provision of criminal penalties and of limitations
  119  upon the application of such penalties is a matter of
  120  predominantly substantive law and, as such, is a matter properly
  121  addressed by the Legislature. The Legislature, in the exercise
  122  of its authority and responsibility to establish sentencing
  123  criteria, to provide for the imposition of criminal penalties,
  124  and to make the best use of state prisons so that violent
  125  criminal offenders are appropriately punished and rehabilitated
  126  incarcerated, has determined that it is in the best interest of
  127  the state to develop, implement, and revise a sentencing policy.
  128  The Criminal Punishment Code embodies the principles that:
  129         (a) Sentencing is neutral with respect to race, gender, and
  130  social and economic status.
  131         (b) The dual purposes primary purpose of sentencing in the
  132  criminal justice system are is to punish the offender and
  133  rehabilitate the offender so that he or she can successfully
  134  transition back into the community. Rehabilitation is a desired
  135  goal of the criminal justice system but is subordinate to the
  136  goal of punishment.
  137         (c) The penalty imposed is commensurate with the severity
  138  of the primary offense and the circumstances surrounding the
  139  primary offense.
  140         (d) The severity of the sentence increases with the length
  141  and nature of the offender’s prior record.
  142         (e) The sentence imposed by the sentencing judge reflects
  143  the length of actual time to be served, shortened only by the
  144  application of good behavior time, rehabilitation credits, and
  145  outstanding deed awards, incentive and meritorious gain-time as
  146  provided by law, and may not be shortened if the defendant would
  147  consequently serve less than 85 percent of his or her term of
  148  imprisonment upon the application of good behavior time and
  149  outstanding deed awards or 65 percent of his or her term of
  150  imprisonment upon the application of rehabilitation credits, as
  151  provided in s. 944.275(4). The provisions of chapter 947,
  152  relating to parole, do not shall not apply to persons sentenced
  153  under the Criminal Punishment Code.
  154         (f) Departures below the lowest permissible sentence
  155  established by the code must be articulated in writing by the
  156  trial court judge and made only when circumstances or factors
  157  reasonably justify the mitigation of the sentence. The level of
  158  proof necessary to establish facts that support a departure from
  159  the lowest permissible sentence is a preponderance of the
  160  evidence.
  161         (g) The trial court judge may impose a sentence up to and
  162  including the statutory maximum for any offense, including an
  163  offense that is before the court due to a violation of probation
  164  or community control.
  165         (h) A sentence may be appealed on the basis that it departs
  166  from the Criminal Punishment Code only if the sentence is below
  167  the lowest permissible sentence or as enumerated in s.
  168  924.06(1).
  169         (i) Use of incarcerative sanctions is prioritized toward
  170  offenders convicted of serious offenses and certain offenders
  171  who have long prior records, in order to maximize the finite
  172  capacities of state and local correctional facilities.
  173         Section 3. Present subsections (5) through (8) of section
  174  944.02, Florida Statutes, are redesignated as subsections (6)
  175  through (9), respectively, and a new subsection (5) is added to
  176  that section, to read:
  177         944.02 Definitions.—The following words and phrases used in
  178  this chapter shall, unless the context clearly indicates
  179  otherwise, have the following meanings:
  180         (5) “Gain-time” means good behavior time, rehabilitation
  181  credits, and outstanding deed awards, collectively.
  182         Section 4. Section 944.275, Florida Statutes, is amended to
  183  read:
  184         944.275 Good behavior time; rehabilitation credits;
  185  outstanding deed awards gain-time.—
  186         (1) The department is authorized to grant deductions from
  187  sentences in the form of good behavior time, rehabilitation
  188  credits, and outstanding deed awards gain-time in order to
  189  encourage satisfactory prisoner behavior, to provide incentive
  190  for prisoners to participate in productive activities, and to
  191  reward prisoners who perform outstanding deeds or services.
  192         (2)(a) The department shall establish for each prisoner
  193  sentenced to a term of years a “maximum sentence expiration
  194  date,” which shall be the date when the sentence or combined
  195  sentences imposed on a prisoner will expire. In establishing
  196  this date, the department shall reduce the total time to be
  197  served by any time lawfully credited.
  198         (b) When a prisoner with an established maximum sentence
  199  expiration date is sentenced to an additional term or terms
  200  without having been released from custody, the department shall
  201  extend the maximum sentence expiration date by the length of
  202  time imposed in the new sentence or sentences, less lawful
  203  credits.
  204         (c) When an escaped prisoner or a parole violator is
  205  returned to the custody of the department, the maximum sentence
  206  expiration date in effect when the escape occurred or the parole
  207  was effective shall be extended by the amount of time the
  208  prisoner was not in custody plus the time imposed in any new
  209  sentence or sentences, but reduced by any lawful credits.
  210         (3)(a) The department shall also establish for each
  211  prisoner sentenced to a term of years a “tentative release date”
  212  which shall be the date projected for the prisoner’s release
  213  from custody by virtue of good behavior time, rehabilitation
  214  credits, or outstanding deed awards gain-time granted or
  215  forfeited as described in this section. The initial tentative
  216  release date shall be determined by deducting good behavior time
  217  basic gain-time granted from the maximum sentence expiration
  218  date. Rehabilitation credits and outstanding deed awards Other
  219  gain-time shall be applied when granted or restored to make the
  220  tentative release date proportionately earlier; and forfeitures
  221  of gain-time, when ordered, shall be applied to make the
  222  tentative release date proportionately later.
  223         (b) When an initial tentative release date is reestablished
  224  because of additional sentences imposed before the prisoner has
  225  completely served all prior sentences, any good behavior time,
  226  rehabilitation credits, and outstanding deed awards gain-time
  227  granted during service of a prior sentence and not forfeited
  228  shall be applied.
  229         (c) The tentative release date may not be later than the
  230  maximum sentence expiration date.
  231         (4)(a) As a means of encouraging satisfactory behavior and
  232  developing character traits necessary for successful reentry to
  233  the community, the department shall grant good behavior time
  234  basic gain-time at the rate of 10 days for each month of each
  235  sentence imposed on a prisoner, subject to the following:
  236         1. Portions of any sentences to be served concurrently
  237  shall be treated as a single sentence when determining good
  238  behavior time basic gain-time.
  239         2. Good behavior time Basic gain-time for a partial month
  240  shall be prorated on the basis of a 30-day month.
  241         3. When a prisoner receives a new maximum sentence
  242  expiration date because of additional sentences imposed, good
  243  behavior time basic gain-time shall be granted for the amount of
  244  time the maximum sentence expiration date was extended.
  245         (b) For each month in which a prisoner an inmate works
  246  diligently, participates in training or education, uses time
  247  constructively, or otherwise engages in positive activities, the
  248  department may grant rehabilitation credits incentive gain-time
  249  in accordance with this paragraph. The rate of rehabilitation
  250  credits incentive gain-time in effect on the date the prisoner
  251  inmate committed the offense that which resulted in his or her
  252  incarceration shall be the prisoner’s inmate’s rate of
  253  eligibility to earn rehabilitation credits incentive gain-time
  254  throughout the period of incarceration and may shall not be
  255  altered by a subsequent change in the severity level of the
  256  offense for which the prisoner inmate was sentenced.
  257         1. For sentences imposed for offenses committed before
  258  prior to January 1, 1994, and on or after October 1, 1995, up to
  259  20 days of rehabilitation credits incentive gain-time may be
  260  granted. If granted, such rehabilitation credits gain-time shall
  261  be credited and applied monthly.
  262         2. For sentences imposed for offenses committed on or after
  263  January 1, 1994, and before October 1, 1995:
  264         a. For offenses ranked in offense severity levels 1 through
  265  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
  266  of rehabilitation credits incentive gain-time may be granted. If
  267  granted, such rehabilitation credits gain-time shall be credited
  268  and applied monthly.
  269         b. For offenses ranked in offense severity levels 8, 9, and
  270  10, under former s. 921.0012 or former s. 921.0013, up to 20
  271  days of rehabilitation credits incentive gain-time may be
  272  granted. If granted, such rehabilitation credits gain-time shall
  273  be credited and applied monthly.
  274         3. For sentences imposed for offenses committed on or after
  275  October 1, 1995, the department may grant up to 10 days per
  276  month of incentive gain-time.
  277         (c) A prisoner An inmate who performs some outstanding
  278  deed, such as saving a life or assisting in recapturing an
  279  escaped prisoner inmate, or who in some manner performs an
  280  outstanding service that would merit the granting of additional
  281  deductions from the term of his or her sentence may be granted
  282  an outstanding deed award meritorious gain-time of from 30 1 to
  283  60 days per outstanding deed performed.
  284         (d) Notwithstanding the monthly maximum awards of
  285  rehabilitation credits under subparagraphs (b)1. and 2.,
  286  incentive gain-time under subparagraphs (b)1., 2., and 3., the
  287  education program manager shall recommend, and the department of
  288  Corrections may grant, to a prisoner who is otherwise eligible,
  289  a one-time award of 60 additional days of rehabilitation credits
  290  for each of the following successfully completed by a prisoner:
  291  incentive gain-time to an inmate who is otherwise eligible and
  292  who successfully completes requirements for and is, or has been
  293  during the current commitment, awarded a high school equivalency
  294  diploma, a college degree, a or vocational certificate, a drug
  295  treatment program, a life skills program, a reentry program, or
  296  other evidence-based program approved by the department that
  297  serves the purpose of reducing recidivism and assisting a
  298  prisoner reintegrate into society. For purposes of this
  299  paragraph, a “life skills program” means a program, approved by
  300  the department, which consists of at least 60 hours designed to
  301  reduce recidivism by addressing, at a minimum, education, job
  302  skill, interpersonal skills, stress and anger management, and
  303  personal development. Additionally, the department shall grant 5
  304  additional days of rehabilitation credits for successful
  305  completion of any other department-approved program, including
  306  prisoner-developed programs or a passing grade in each online or
  307  in-person educational course, as approved by the department.
  308  Rehabilitation credits under this paragraph are retroactive.
  309         (e)Notwithstanding the monthly maximum awards of
  310  rehabilitation credits under subparagraphs (b)1. and 2., the
  311  department may grant up to 2 additional days per month of good
  312  behavior time to prisoners serving sentences for violations of
  313  s. 893.13 or s. 893.135. Good behavior time under this paragraph
  314  is retroactive Under no circumstances may an inmate receive more
  315  than 60 days for educational attainment pursuant to this
  316  section.
  317         (f)(e) Notwithstanding subparagraph (b)1. subparagraph
  318  (b)3., for sentences imposed for offenses committed on or after
  319  October 1, 2014, the department may not grant rehabilitation
  320  credits incentive gain-time if the offense is a violation of s.
  321  782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
  322  3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
  323  825.1025; or s. 847.0135(5).
  324         (g)1.(f)A prisoner An inmate who is subject to this
  325  subsection and who is serving a sentence imposed for an offense
  326  committed on or after October 1, 1995, subparagraph (b)3. is not
  327  eligible to earn or receive good behavior time or outstanding
  328  deed awards gain-time under paragraph (a), paragraph (b),
  329  paragraph (c), or paragraph (d) or any other type of gain-time
  330  in an amount that would cause a sentence to expire, end, or
  331  terminate, or that would result in a prisoner’s release, before
  332  he or she serves prior to serving a minimum of 85 percent of the
  333  sentence imposed.
  334         2.A prisoner who is subject to this subsection may not
  335  earn or receive rehabilitation credits in an amount that would
  336  cause a sentence to expire, end, or terminate, or that would
  337  result in a prisoner’s release, before he or she serves a
  338  minimum of 65 percent of the sentence imposed.
  339         3. For purposes of this paragraph, credits awarded by the
  340  court for time physically incarcerated shall be credited toward
  341  satisfaction of 85 percent of the sentence imposed. Except as
  342  provided by this section, a prisoner serving a sentence imposed
  343  for an offense committed on or after October 1, 1995, may not
  344  accumulate further good behavior time gain-time awards at any
  345  point when the tentative release date is the same as that date
  346  at which the prisoner will have served 85 percent of the
  347  sentence imposed. A prisoner may not accumulate further
  348  rehabilitation credits or outstanding deed awards at any point
  349  when the tentative release date is the same as that date at
  350  which the prisoner will have served 65 percent of the sentence
  351  imposed. State prisoners sentenced to life imprisonment shall be
  352  incarcerated for the rest of their natural lives, unless granted
  353  pardon or clemency.
  354         (5) If When a prisoner is found guilty of an infraction of
  355  the laws of this state or the rules of the department, gain-time
  356  may be forfeited according to law after due process.
  357         (6)(a) Good behavior time Basic gain-time under this
  358  section shall be computed on and applied to all sentences
  359  imposed for offenses committed on or after July 1, 1978, and
  360  before January 1, 1994.
  361         (b) All good behavior time, rehabilitation credits, and
  362  outstanding deed awards are incentive and meritorious gain-time
  363  is granted according to this section.
  364         (c) All additional gain-time previously awarded under
  365  former subsections (2) and (3) and all forfeitures ordered
  366  before prior to the effective date of the act that created this
  367  section shall remain in effect and be applied in establishing an
  368  initial tentative release date.
  369         (7) The department shall adopt rules to implement the
  370  granting, forfeiture, restoration, and deletion of good behavior
  371  time, rehabilitation credits, and outstanding deed awards, gain
  372  time.
  373         Section 5. Subsection (2) of section 316.027, Florida
  374  Statutes, is amended to read:
  375         316.027 Crash involving death or personal injuries.—
  376         (2)(a) The driver of a vehicle involved in a crash
  377  occurring on public or private property which results in injury
  378  to a person other than serious bodily injury shall immediately
  379  stop the vehicle at the scene of the crash, or as close thereto
  380  as possible, and shall remain at the scene of the crash until he
  381  or she has fulfilled the requirements of s. 316.062. A person
  382  who willfully violates this paragraph commits a felony of the
  383  third degree, punishable as provided in s. 775.082, s. 775.083,
  384  or s. 775.084.
  385         (b) The driver of a vehicle involved in a crash occurring
  386  on public or private property which results in serious bodily
  387  injury to a person shall immediately stop the vehicle at the
  388  scene of the crash, or as close thereto as possible, and shall
  389  remain at the scene of the crash until he or she has fulfilled
  390  the requirements of s. 316.062. A person who willfully violates
  391  this paragraph commits a felony of the second degree, punishable
  392  as provided in s. 775.082, s. 775.083, or s. 775.084.
  393         (c) The driver of a vehicle involved in a crash occurring
  394  on public or private property which results in the death of a
  395  person shall immediately stop the vehicle at the scene of the
  396  crash, or as close thereto as possible, and shall remain at the
  397  scene of the crash until he or she has fulfilled the
  398  requirements of s. 316.062. A person who is arrested for a
  399  violation of this paragraph and who has previously been
  400  convicted of a violation of this section, s. 316.061, s.
  401  316.191, or s. 316.193, or a felony violation of s. 322.34,
  402  shall be held in custody until brought before the court for
  403  admittance to bail in accordance with chapter 903. A person who
  404  willfully violates this paragraph commits a felony of the first
  405  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  406  775.084, and shall be sentenced to a mandatory minimum term of
  407  imprisonment of 4 years. A person who willfully commits such a
  408  violation while driving under the influence as set forth in s.
  409  316.193(1) shall be sentenced to a mandatory minimum term of
  410  imprisonment of 4 years.
  411         (d) Notwithstanding s. 775.089(1)(a), if the driver of a
  412  vehicle violates paragraph (a), paragraph (b), or paragraph (c),
  413  the court shall order the driver to make restitution to the
  414  victim for any damage or loss unless the court finds clear and
  415  compelling reasons not to order the restitution. Restitution may
  416  be monetary or nonmonetary restitution. The court shall make the
  417  payment of restitution a condition of probation in accordance
  418  with s. 948.03. An order requiring the defendant to make
  419  restitution to a victim does not remove or diminish the
  420  requirement that the court order payment to the Crimes
  421  Compensation Trust Fund under chapter 960. Payment of an award
  422  by the Crimes Compensation Trust Fund creates an order of
  423  restitution to the Crimes Compensation Trust Fund unless
  424  specifically waived in accordance with s. 775.089(1)(b).
  425         (e) A driver who violates paragraph (a), paragraph (b), or
  426  paragraph (c) shall have his or her driver license revoked for
  427  at least 3 years as provided in s. 322.28(4).
  428         1. A person convicted of violating paragraph (a), paragraph
  429  (b), or paragraph (c) shall, before his or her driving privilege
  430  may be reinstated, present to the department proof of completion
  431  of a victim’s impact panel session in a judicial circuit if such
  432  a panel exists, or if such a panel does not exist, a department
  433  approved driver improvement course relating to the rights of
  434  vulnerable road users relative to vehicles on the roadway as
  435  provided in s. 322.0261(2).
  436         2. The department may reinstate an offender’s driving
  437  privilege after he or she satisfies the 3-year revocation period
  438  as provided in s. 322.28(4) and successfully completes either a
  439  victim’s impact panel session or a department-approved driver
  440  improvement course relating to the rights of vulnerable road
  441  users relative to vehicles on the roadway as provided in s.
  442  322.0261(2).
  443         3. For purposes of this paragraph, an offender’s driving
  444  privilege may be reinstated only after the department verifies
  445  that the offender participated in and successfully completed a
  446  victim’s impact panel session or a department-approved driver
  447  improvement course.
  448         (f) For purposes of sentencing under chapter 921 and
  449  determining incentive gain-time eligibility for rehabilitation
  450  credits under chapter 944, an offense listed in this subsection
  451  is ranked one level above the ranking specified in s. 921.0022
  452  or s. 921.0023 for the offense committed if the victim of the
  453  offense was a vulnerable road user.
  454         (g) The defendant may move to depart from the mandatory
  455  minimum term of imprisonment prescribed in paragraph (c) unless
  456  the violation was committed while the defendant was driving
  457  under the influence. The state may object to this departure. The
  458  court may grant the motion only if it finds that a factor,
  459  consideration, or circumstance clearly demonstrates that
  460  imposing a mandatory minimum term of imprisonment would
  461  constitute or result in an injustice. The court shall state in
  462  open court the basis for granting the motion.
  463         Section 6. Section 775.0845, Florida Statutes, is amended
  464  to read:
  465         775.0845 Wearing mask while committing offense;
  466  reclassification.—The felony or misdemeanor degree of any
  467  criminal offense, other than a violation of ss. 876.12-876.15,
  468  shall be reclassified to the next higher degree as provided in
  469  this section if, while committing the offense, the offender was
  470  wearing a hood, mask, or other device that concealed his or her
  471  identity.
  472         (1)(a) In the case of a misdemeanor of the second degree,
  473  the offense is reclassified to a misdemeanor of the first
  474  degree.
  475         (b) In the case of a misdemeanor of the first degree, the
  476  offense is reclassified to a felony of the third degree. For
  477  purposes of sentencing under chapter 921 and determining
  478  incentive gain-time eligibility for rehabilitation credits under
  479  chapter 944, such offense is ranked in level 2 of the offense
  480  severity ranking chart.
  481         (2)(a) In the case of a felony of the third degree, the
  482  offense is reclassified to a felony of the second degree.
  483         (b) In the case of a felony of the second degree, the
  484  offense is reclassified to a felony of the first degree.
  485  
  486  For purposes of sentencing under chapter 921 and determining
  487  incentive gain-time eligibility for rehabilitation credits under
  488  chapter 944, a felony offense that is reclassified under this
  489  subsection is ranked one level above the ranking under former s.
  490  921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the
  491  offense committed.
  492         Section 7. Section 775.0847, Florida Statutes, is amended
  493  to read:
  494         775.0847 Possession or promotion of certain images of child
  495  pornography; reclassification.—
  496         (1) For purposes of this section:
  497         (a) “Child” means any person, whose identity is known or
  498  unknown, less than 18 years of age.
  499         (b) “Child pornography” means any image depicting a minor
  500  engaged in sexual conduct.
  501         (c) “Sadomasochistic abuse” means flagellation or torture
  502  by or upon a person or the condition of being fettered, bound,
  503  or otherwise physically restrained, for the purpose of deriving
  504  sexual satisfaction, or satisfaction brought about as a result
  505  of sadistic violence, from inflicting harm on another or
  506  receiving such harm oneself.
  507         (d) “Sexual battery” means oral, anal, or vaginal
  508  penetration by, or union with, the sexual organ of another or
  509  the anal or vaginal penetration of another by any other object;
  510  however, sexual battery does not include an act done for a bona
  511  fide medical purpose.
  512         (e) “Sexual bestiality” means any sexual act, actual or
  513  simulated, between a person and an animal involving the sex
  514  organ of the one and the mouth, anus, or vagina of the other.
  515         (f) “Sexual conduct” means actual or simulated sexual
  516  intercourse, deviate sexual intercourse, sexual bestiality,
  517  masturbation, or sadomasochistic abuse; actual lewd exhibition
  518  of the genitals; actual physical contact with a person’s clothed
  519  or unclothed genitals, pubic area, buttocks, or, if such person
  520  is a female, breast with the intent to arouse or gratify the
  521  sexual desire of either party; or any act or conduct which
  522  constitutes sexual battery or simulates that sexual battery is
  523  being or will be committed. A mother’s breastfeeding of her baby
  524  does not under any circumstance constitute “sexual conduct.”
  525         (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  526  s. 847.0138 shall be reclassified to the next higher degree as
  527  provided in subsection (3) if:
  528         (a) The offender possesses 10 or more images of any form of
  529  child pornography regardless of content; and
  530         (b) The content of at least one image contains one or more
  531  of the following:
  532         1. A child who is younger than the age of 5.
  533         2. Sadomasochistic abuse involving a child.
  534         3. Sexual battery involving a child.
  535         4. Sexual bestiality involving a child.
  536         5. Any movie involving a child, regardless of length and
  537  regardless of whether the movie contains sound.
  538         (3)(a) In the case of a felony of the third degree, the
  539  offense is reclassified to a felony of the second degree.
  540         (b) In the case of a felony of the second degree, the
  541  offense is reclassified to a felony of the first degree.
  542  
  543  For purposes of sentencing under chapter 921 and determining
  544  incentive gain-time eligibility for rehabilitation credits under
  545  chapter 944, a felony offense that is reclassified under this
  546  section is ranked one level above the ranking under s. 921.0022
  547  or s. 921.0023 of the offense committed.
  548         Section 8. Section 775.0861, Florida Statutes, is amended
  549  to read:
  550         775.0861 Offenses against persons on the grounds of
  551  religious institutions; reclassification.—
  552         (1) For purposes of this section, the term:
  553         (a) “Religious institution” is as defined in s. 496.404.
  554         (b) “Religious service” is a religious ceremony, prayer, or
  555  other activity according to a form and order prescribed for
  556  worship, including a service related to a particular occasion.
  557         (2) The felony or misdemeanor degree of any violation of:
  558         (a) Section 784.011, relating to assault;
  559         (b) Section 784.021, relating to aggravated assault;
  560         (c) Section 784.03, relating to battery;
  561         (d) Section 784.041, relating to felony battery;
  562         (e) A statute defining any offense listed in s.
  563  775.084(1)(b)1.; or
  564         (f) Any other statute defining an offense that involves the
  565  use or threat of physical force or violence against any
  566  individual
  567  
  568  shall be reclassified as provided in this section if the offense
  569  is committed on the property of a religious institution while
  570  the victim is on the property for the purpose of participating
  571  in or attending a religious service.
  572         (3)(a) In the case of a misdemeanor of the second degree,
  573  the offense is reclassified to a misdemeanor of the first
  574  degree.
  575         (b) In the case of a misdemeanor of the first degree, the
  576  offense is reclassified to a felony of the third degree. For
  577  purposes of sentencing under chapter 921, such offense is ranked
  578  in level 2 of the offense severity ranking chart.
  579         (c) In the case of a felony of the third degree, the
  580  offense is reclassified to a felony of the second degree.
  581         (d) In the case of a felony of the second degree, the
  582  offense is reclassified to a felony of the first degree.
  583         (e) In the case of a felony of the first degree, the
  584  offense is reclassified to a life felony.
  585  
  586  For purposes of sentencing under chapter 921 and determining
  587  incentive gain-time eligibility for rehabilitation credits under
  588  chapter 944, a felony offense that is reclassified under this
  589  subsection is ranked one level above the ranking under s.
  590  921.0022 or s. 921.0023 of the offense committed.
  591         Section 9. Section 775.0862, Florida Statutes, is amended
  592  to read:
  593         775.0862 Sexual offenses against students by authority
  594  figures; reclassification.—
  595         (1) As used in this section, the term:
  596         (a) “Authority figure” means a person 18 years of age or
  597  older who is employed by, volunteering at, or under contract
  598  with a school.
  599         (b) “School” has the same meaning as provided in s. 1003.01
  600  and includes a private school as defined in s. 1002.01, a
  601  voluntary prekindergarten education program as described in s.
  602  1002.53(3), early learning programs, a public school as
  603  described in s. 402.3025(1), the Florida School for the Deaf and
  604  the Blind, and the Florida Virtual School established under s.
  605  1002.37. The term does not include facilities dedicated
  606  exclusively to the education of adults.
  607         (c) “Student” means a person younger than 18 years of age
  608  who is enrolled at a school.
  609         (2) The felony degree of a violation of an offense listed
  610  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
  611  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
  612  as provided in this section if the offense is committed by an
  613  authority figure of a school against a student of the school.
  614         (3)(a) In the case of a felony of the third degree, the
  615  offense is reclassified to a felony of the second degree.
  616         (b) In the case of a felony of the second degree, the
  617  offense is reclassified to a felony of the first degree.
  618         (c) In the case of a felony of the first degree, the
  619  offense is reclassified to a life felony.
  620  
  621  For purposes of sentencing under chapter 921 and determining
  622  incentive gain-time eligibility for rehabilitation credits under
  623  chapter 944, a felony offense that is reclassified under this
  624  subsection is ranked one level above the ranking under s.
  625  921.0022 or s. 921.0023 of the offense committed.
  626         Section 10. Subsections (1) and (3) of section 775.087,
  627  Florida Statutes, are amended to read:
  628         775.087 Possession or use of weapon; aggravated battery;
  629  felony reclassification; minimum sentence.—
  630         (1) Unless otherwise provided by law, whenever a person is
  631  charged with a felony, except a felony in which the use of a
  632  weapon or firearm is an essential element, and during the
  633  commission of such felony the defendant carries, displays, uses,
  634  threatens to use, or attempts to use any weapon or firearm, or
  635  during the commission of such felony the defendant commits an
  636  aggravated battery, the felony for which the person is charged
  637  shall be reclassified as follows:
  638         (a) In the case of a felony of the first degree, to a life
  639  felony.
  640         (b) In the case of a felony of the second degree, to a
  641  felony of the first degree.
  642         (c) In the case of a felony of the third degree, to a
  643  felony of the second degree.
  644  
  645  For purposes of sentencing under chapter 921 and determining
  646  incentive gain-time eligibility for rehabilitation credits under
  647  chapter 944, a felony offense which is reclassified under this
  648  section is ranked one level above the ranking under s. 921.0022
  649  or s. 921.0023 of the felony offense committed.
  650         (3)(a)1. Any person who is convicted of a felony or an
  651  attempt to commit a felony, regardless of whether the use of a
  652  firearm is an element of the felony, and the conviction was for:
  653         a. Murder;
  654         b. Sexual battery;
  655         c. Robbery;
  656         d. Burglary;
  657         e. Arson;
  658         f. Aggravated battery;
  659         g. Kidnapping;
  660         h. Escape;
  661         i. Sale, manufacture, delivery, or intent to sell,
  662  manufacture, or deliver any controlled substance;
  663         j. Aircraft piracy;
  664         k. Aggravated child abuse;
  665         l. Aggravated abuse of an elderly person or disabled adult;
  666         m. Unlawful throwing, placing, or discharging of a
  667  destructive device or bomb;
  668         n. Carjacking;
  669         o. Home-invasion robbery;
  670         p. Aggravated stalking; or
  671         q. Trafficking in cannabis, trafficking in cocaine, capital
  672  importation of cocaine, trafficking in illegal drugs, capital
  673  importation of illegal drugs, trafficking in phencyclidine,
  674  capital importation of phencyclidine, trafficking in
  675  methaqualone, capital importation of methaqualone, trafficking
  676  in amphetamine, capital importation of amphetamine, trafficking
  677  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  678  (GHB), trafficking in 1,4-Butanediol, trafficking in
  679  Phenethylamines, or other violation of s. 893.135(1);
  680  
  681  and during the commission of the offense, such person possessed
  682  a semiautomatic firearm and its high-capacity detachable box
  683  magazine or a machine gun as defined in s. 790.001, shall be
  684  sentenced to a minimum term of imprisonment of 15 years.
  685         2. Any person who is convicted of a felony or an attempt to
  686  commit a felony listed in subparagraph (a)1., regardless of
  687  whether the use of a weapon is an element of the felony, and
  688  during the course of the commission of the felony such person
  689  discharged a semiautomatic firearm and its high-capacity box
  690  magazine or a “machine gun” as defined in s. 790.001 shall be
  691  sentenced to a minimum term of imprisonment of 20 years.
  692         3. Any person who is convicted of a felony or an attempt to
  693  commit a felony listed in subparagraph (a)1., regardless of
  694  whether the use of a weapon is an element of the felony, and
  695  during the course of the commission of the felony such person
  696  discharged a semiautomatic firearm and its high-capacity box
  697  magazine or a “machine gun” as defined in s. 790.001 and, as the
  698  result of the discharge, death or great bodily harm was
  699  inflicted upon any person, the convicted person shall be
  700  sentenced to a minimum term of imprisonment of not less than 25
  701  years and not more than a term of imprisonment of life in
  702  prison.
  703         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  704  (a)3. does not prevent a court from imposing a longer sentence
  705  of incarceration as authorized by law in addition to the minimum
  706  mandatory sentence, or from imposing a sentence of death
  707  pursuant to other applicable law. Subparagraph (a)1.,
  708  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  709  court to impose a lesser sentence than otherwise required by
  710  law.
  711  
  712  Notwithstanding s. 948.01, adjudication of guilt or imposition
  713  of sentence shall not be suspended, deferred, or withheld, and
  714  the defendant is not eligible for statutory gain-time under s.
  715  944.275 or any form of discretionary early release, other than
  716  pardon or executive clemency, or conditional medical release
  717  under s. 947.149, prior to serving the minimum sentence.
  718         (c) If the minimum mandatory terms of imprisonment imposed
  719  pursuant to this section exceed the maximum sentences authorized
  720  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
  721  chapter 921, then the mandatory minimum sentence must be
  722  imposed. If the mandatory minimum terms of imprisonment pursuant
  723  to this section are less than the sentences that could be
  724  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
  725  Punishment Code under chapter 921, then the sentence imposed by
  726  the court must include the mandatory minimum term of
  727  imprisonment as required in this section.
  728         (d) It is the intent of the Legislature that offenders who
  729  possess, carry, display, use, threaten to use, or attempt to use
  730  a semiautomatic firearm and its high-capacity detachable box
  731  magazine or a machine gun as defined in s. 790.001 be punished
  732  to the fullest extent of the law, and the minimum terms of
  733  imprisonment imposed pursuant to this subsection shall be
  734  imposed for each qualifying felony count for which the person is
  735  convicted. The court shall impose any term of imprisonment
  736  provided for in this subsection consecutively to any other term
  737  of imprisonment imposed for any other felony offense.
  738         (e) As used in this subsection, the term:
  739         1. “High-capacity detachable box magazine” means any
  740  detachable box magazine, for use in a semiautomatic firearm,
  741  which is capable of being loaded with more than 20 centerfire
  742  cartridges.
  743         2. “Semiautomatic firearm” means a firearm which is capable
  744  of firing a series of rounds by separate successive depressions
  745  of the trigger and which uses the energy of discharge to perform
  746  a portion of the operating cycle.
  747         Section 11. Section 775.0875, Florida Statutes, is amended
  748  to read:
  749         775.0875 Unlawful taking, possession, or use of law
  750  enforcement officer’s firearm; crime reclassification;
  751  penalties.—
  752         (1) A person who, without authorization, takes a firearm
  753  from a law enforcement officer lawfully engaged in law
  754  enforcement duties commits a felony of the third degree,
  755  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  756         (2) If a person violates subsection (1) and commits any
  757  other crime involving the firearm taken from the law enforcement
  758  officer, such crime shall be reclassified as follows:
  759         (a)1. In the case of a felony of the first degree, to a
  760  life felony.
  761         2. In the case of a felony of the second degree, to a
  762  felony of the first degree.
  763         3. In the case of a felony of the third degree, to a felony
  764  of the second degree.
  765  
  766  For purposes of sentencing under chapter 921 and determining
  767  incentive gain-time eligibility for rehabilitation credits under
  768  chapter 944, a felony offense that is reclassified under this
  769  paragraph is ranked one level above the ranking under s.
  770  921.0022 or s. 921.0023 of the felony offense committed.
  771         (b) In the case of a misdemeanor, to a felony of the third
  772  degree. For purposes of sentencing under chapter 921 and
  773  determining incentive gain-time eligibility for rehabilitation
  774  credits under chapter 944, such offense is ranked in level 2 of
  775  the offense severity ranking chart.
  776         (3) A person who possesses a firearm that he or she knows
  777  was unlawfully taken from a law enforcement officer commits a
  778  misdemeanor of the first degree, punishable as provided in s.
  779  775.082 or s. 775.083.
  780         Section 12. Section 777.03, Florida Statutes, is amended to
  781  read:
  782         777.03 Accessory after the fact.—
  783         (1)(a) Any person not standing in the relation of husband
  784  or wife, parent or grandparent, child or grandchild, brother or
  785  sister, by consanguinity or affinity to the offender, who
  786  maintains or assists the principal or an accessory before the
  787  fact, or gives the offender any other aid, knowing that the
  788  offender had committed a crime and such crime was a third degree
  789  felony, or had been an accessory thereto before the fact, with
  790  the intent that the offender avoids or escapes detection,
  791  arrest, trial, or punishment, is an accessory after the fact.
  792         (b) Any person who maintains or assists the principal or
  793  accessory before the fact, or gives the offender any other aid,
  794  knowing that the offender had committed the offense of child
  795  abuse, neglect of a child, aggravated child abuse, aggravated
  796  manslaughter of a child under 18 years of age, or murder of a
  797  child under 18 years of age, or had been an accessory thereto
  798  before the fact, with the intent that the offender avoids or
  799  escapes detection, arrest, trial, or punishment, is an accessory
  800  after the fact unless the court finds that the person is a
  801  victim of domestic violence.
  802         (c) Any person who maintains or assists the principal or an
  803  accessory before the fact, or gives the offender any other aid,
  804  knowing that the offender had committed a crime and such crime
  805  was a capital, life, first degree, or second degree felony, or
  806  had been an accessory thereto before the fact, with the intent
  807  that the offender avoids or escapes detection, arrest, trial, or
  808  punishment, is an accessory after the fact.
  809         (2)(a) If the felony offense committed is a capital felony,
  810  the offense of accessory after the fact is a felony of the first
  811  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  812  775.084.
  813         (b) If the felony offense committed is a life felony or a
  814  felony of the first degree, the offense of accessory after the
  815  fact is a felony of the second degree, punishable as provided in
  816  s. 775.082, s. 775.083, or s. 775.084.
  817         (c) If the felony offense committed is a felony of the
  818  second degree or a felony of the third degree ranked in level 3,
  819  4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the
  820  offense of accessory after the fact is a felony of the third
  821  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  822  775.084.
  823         (d) If the felony offense committed is a felony of the
  824  third degree ranked in level 1 or level 2 under s. 921.0022 or
  825  s. 921.0023, the offense of accessory after the fact is a
  826  misdemeanor of the first degree, punishable as provided in s.
  827  775.082, s. 775.083, or s. 775.084.
  828         (3) Except as otherwise provided in s. 921.0022, for
  829  purposes of sentencing under chapter 921 and determining
  830  incentive gain-time eligibility for rehabilitation credits under
  831  chapter 944, the offense of accessory after the fact is ranked
  832  two levels below the ranking under s. 921.0022 or s. 921.0023 of
  833  the felony offense committed.
  834         Section 13. Section 777.04, Florida Statutes, is amended to
  835  read:
  836         777.04 Attempts, solicitation, and conspiracy.—
  837         (1) A person who attempts to commit an offense prohibited
  838  by law and in such attempt does any act toward the commission of
  839  such offense, but fails in the perpetration or is intercepted or
  840  prevented in the execution thereof, commits the offense of
  841  criminal attempt, ranked for purposes of sentencing as provided
  842  in subsection (4). Criminal attempt includes the act of an adult
  843  who, with intent to commit an offense prohibited by law,
  844  allures, seduces, coaxes, or induces a child under the age of 12
  845  to engage in an offense prohibited by law.
  846         (2) A person who solicits another to commit an offense
  847  prohibited by law and in the course of such solicitation
  848  commands, encourages, hires, or requests another person to
  849  engage in specific conduct which would constitute such offense
  850  or an attempt to commit such offense commits the offense of
  851  criminal solicitation, ranked for purposes of sentencing as
  852  provided in subsection (4).
  853         (3) A person who agrees, conspires, combines, or
  854  confederates with another person or persons to commit any
  855  offense commits the offense of criminal conspiracy, ranked for
  856  purposes of sentencing as provided in subsection (4).
  857         (4)(a) Except as otherwise provided in ss. 104.091(2),
  858  379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,
  859  the offense of criminal attempt, criminal solicitation, or
  860  criminal conspiracy is ranked for purposes of sentencing under
  861  chapter 921 and determining incentive gain-time eligibility for
  862  rehabilitation credits under chapter 944 one level below the
  863  ranking under s. 921.0022 or s. 921.0023 of the offense
  864  attempted, solicited, or conspired to. If the criminal attempt,
  865  criminal solicitation, or criminal conspiracy is of an offense
  866  ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023,
  867  such offense is a misdemeanor of the first degree, punishable as
  868  provided in s. 775.082 or s. 775.083.
  869         (b) If the offense attempted, solicited, or conspired to is
  870  a capital felony, the offense of criminal attempt, criminal
  871  solicitation, or criminal conspiracy is a felony of the first
  872  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  873  775.084.
  874         (c) Except as otherwise provided in s. 893.135(5), if the
  875  offense attempted, solicited, or conspired to is a life felony
  876  or a felony of the first degree, the offense of criminal
  877  attempt, criminal solicitation, or criminal conspiracy is a
  878  felony of the second degree, punishable as provided in s.
  879  775.082, s. 775.083, or s. 775.084.
  880         (d) Except as otherwise provided in s. 104.091(2), s.
  881  379.2431(1), s. 828.125(2), or s. 849.25(4), if the offense
  882  attempted, solicited, or conspired to is a:
  883         1. Felony of the second degree;
  884         2. Burglary that is a felony of the third degree; or
  885         3. Felony of the third degree ranked in level 3, 4, 5, 6,
  886  7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
  887  
  888  the offense of criminal attempt, criminal solicitation, or
  889  criminal conspiracy is a felony of the third degree, punishable
  890  as provided in s. 775.082, s. 775.083, or s. 775.084.
  891         (e) Except as otherwise provided in s. 104.091(2), s.
  892  379.2431(1), s. 849.25(4), or paragraph (d), if the offense
  893  attempted, solicited, or conspired to is a felony of the third
  894  degree, the offense of criminal attempt, criminal solicitation,
  895  or criminal conspiracy is a misdemeanor of the first degree,
  896  punishable as provided in s. 775.082 or s. 775.083.
  897         (f) Except as otherwise provided in s. 104.091(2), if the
  898  offense attempted, solicited, or conspired to is a misdemeanor
  899  of the first or second degree, the offense of criminal attempt,
  900  criminal solicitation, or criminal conspiracy is a misdemeanor
  901  of the second degree, punishable as provided in s. 775.082 or s.
  902  775.083.
  903         (5) It is a defense to a charge of criminal attempt,
  904  criminal solicitation, or criminal conspiracy that, under
  905  circumstances manifesting a complete and voluntary renunciation
  906  of his or her criminal purpose, the defendant:
  907         (a) Abandoned his or her attempt to commit the offense or
  908  otherwise prevented its commission;
  909         (b) After soliciting another person to commit an offense,
  910  persuaded such other person not to do so or otherwise prevented
  911  commission of the offense; or
  912         (c) After conspiring with one or more persons to commit an
  913  offense, persuaded such persons not to do so or otherwise
  914  prevented commission of the offense.
  915         Section 14. Subsection (7) of section 794.011, Florida
  916  Statutes, is amended to read:
  917         794.011 Sexual battery.—
  918         (7) A person who is convicted of committing a sexual
  919  battery on or after October 1, 1992, is not eligible for good
  920  behavior basic gain-time under s. 944.275. This subsection may
  921  be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
  922         Section 15. Section 794.023, Florida Statutes, is amended
  923  to read:
  924         794.023 Sexual battery by multiple perpetrators;
  925  reclassification of offenses.—
  926         (1) The Legislature finds that an act of sexual battery,
  927  when committed by more than one person, presents a great danger
  928  to the public and is extremely offensive to civilized society.
  929  It is therefore the intent of the Legislature to reclassify
  930  offenses for acts of sexual battery committed by more than one
  931  person.
  932         (2) A violation of s. 794.011 shall be reclassified as
  933  provided in this subsection if it is charged and proven by the
  934  prosecution that, during the same criminal transaction or
  935  episode, more than one person committed an act of sexual battery
  936  on the same victim.
  937         (a) A felony of the second degree is reclassified to a
  938  felony of the first degree.
  939         (b) A felony of the first degree is reclassified to a life
  940  felony.
  941  
  942  This subsection does not apply to life felonies or capital
  943  felonies. For purposes of sentencing under chapter 921 and
  944  determining incentive gain-time eligibility for rehabilitation
  945  credits under chapter 944, a felony offense that is reclassified
  946  under this subsection is ranked one level above the ranking
  947  under s. 921.0022 or s. 921.0023 of the offense committed.
  948         Section 16. Subsection (5) of section 817.568, Florida
  949  Statutes, is amended to read:
  950         817.568 Criminal use of personal identification
  951  information.—
  952         (5) If an offense prohibited under this section was
  953  facilitated or furthered by the use of a public record, as
  954  defined in s. 119.011, the offense is reclassified to the next
  955  higher degree as follows:
  956         (a) A misdemeanor of the first degree is reclassified as a
  957  felony of the third degree.
  958         (b) A felony of the third degree is reclassified as a
  959  felony of the second degree.
  960         (c) A felony of the second degree is reclassified as a
  961  felony of the first degree.
  962  
  963  For purposes of sentencing under chapter 921 and incentive gain
  964  time eligibility for rehabilitation credits under chapter 944, a
  965  felony offense that is reclassified under this subsection is
  966  ranked one level above the ranking under s. 921.0022 of the
  967  felony offense committed, and a misdemeanor offense that is
  968  reclassified under this subsection is ranked in level 2 of the
  969  offense severity ranking chart in s. 921.0022.
  970         Section 17. Subsection (3) of section 831.032, Florida
  971  Statutes, is amended to read:
  972         831.032 Offenses involving forging or counterfeiting
  973  private labels.—
  974         (3)(a) Violation of subsection (1) or subsection (2) is a
  975  misdemeanor of the first degree, punishable as provided in s.
  976  775.082 or s. 775.083, except that:
  977         1. A violation of subsection (1) or subsection (2) is a
  978  felony of the third degree, punishable as provided in s.
  979  775.082, s. 775.083, or s. 775.084, if the offense involves 100
  980  or more but less than 1,000 items bearing one or more
  981  counterfeit marks or if the goods involved in the offense have a
  982  total retail value of more than $2,500, but less than $20,000.
  983         2. A violation of subsection (1) or subsection (2) is a
  984  felony of the second degree, punishable as provided in s.
  985  775.082, s. 775.083, or s. 775.084, if the offense involves
  986  1,000 or more items bearing one or more counterfeit marks or if
  987  the goods involved in the offense have a total retail value of
  988  $20,000 or more.
  989         3. A violation of subsection (1) or subsection (2) is a
  990  felony of the third degree, punishable as provided in s.
  991  775.082, s. 775.083, or s. 775.084 if, during the commission or
  992  as a result of the commission of the offense, the person
  993  engaging in the offense knowingly or by culpable negligence
  994  causes or allows to be caused bodily injury to another.
  995         4. A violation of subsection (1) or subsection (2) is a
  996  felony of the second degree, punishable as provided in s.
  997  775.082, s. 775.083, or s. 775.084 if, during the commission or
  998  as a result of the commission of the offense, the person
  999  engaging in the offense knowingly or by culpable negligence
 1000  causes or allows to be caused serious bodily injury to another.
 1001         5. A violation of subsection (1) or subsection (2) is a
 1002  felony of the first degree, punishable as provided in s.
 1003  775.082, s. 775.083, or s. 775.084 if, during the commission or
 1004  as a result of the commission of the offense, the person
 1005  engaging in the offense knowingly or by culpable negligence
 1006  causes or allows to be caused death to another.
 1007         (b) For any person who, having previously been convicted
 1008  for an offense under this section, is subsequently convicted for
 1009  another offense under this section, such subsequent offense
 1010  shall be reclassified as follows:
 1011         1. In the case of a felony of the second degree, to a
 1012  felony of the first degree.
 1013         2. In the case of a felony of the third degree, to a felony
 1014  of the second degree.
 1015         3. In the case of a misdemeanor of the first degree, to a
 1016  felony of the third degree. For purposes of sentencing under
 1017  chapter 921 and determining incentive gain-time eligibility
 1018  under chapter 944, such offense is ranked in level 4 of the
 1019  offense severity ranking chart.
 1020  
 1021  For purposes of sentencing under chapter 921 and determining
 1022  incentive gain-time eligibility for rehabilitation credits under
 1023  chapter 944, a felony offense that is reclassified under this
 1024  paragraph is ranked one level above the ranking under s.
 1025  921.0022 or s. 921.0023 of the felony offense committed.
 1026         (c) In lieu of a fine otherwise authorized by law, when any
 1027  person has been convicted of an offense under this section, the
 1028  court may fine the person up to three times the retail value of
 1029  the goods seized, manufactured, or sold, whichever is greater,
 1030  and may enter orders awarding court costs and the costs of
 1031  investigation and prosecution, reasonably incurred. The court
 1032  shall hold a hearing to determine the amount of the fine
 1033  authorized by this paragraph.
 1034         (d) When a person is convicted of an offense under this
 1035  section, the court, pursuant to s. 775.089, shall order the
 1036  person to pay restitution to the trademark owner and any other
 1037  victim of the offense. In determining the value of the property
 1038  loss to the trademark owner, the court shall include expenses
 1039  incurred by the trademark owner in the investigation or
 1040  prosecution of the offense as well as the disgorgement of any
 1041  profits realized by a person convicted of the offense.
 1042         Section 18. Section 843.22, Florida Statutes, is amended to
 1043  read:
 1044         843.22 Traveling across county lines with intent to commit
 1045  a burglary.—
 1046         (1) As used in this section, the term:
 1047         (a) “County of residence” means the county within this
 1048  state in which a person resides. Evidence of a person’s county
 1049  of residence includes, but is not limited to:
 1050         1. The address on a person’s driver license or state
 1051  identification card;
 1052         2. Records of real property or mobile home ownership;
 1053         3. Records of a lease agreement for residential property;
 1054         4. The county in which a person’s motor vehicle is
 1055  registered;
 1056         5. The county in which a person is enrolled in an
 1057  educational institution; and
 1058         6. The county in which a person is employed.
 1059         (b) “Burglary” means burglary as defined in s. 810.02,
 1060  including an attempt, solicitation, or conspiracy to commit such
 1061  offense.
 1062         (2) If a person who commits a burglary travels any distance
 1063  with the intent to commit the burglary in a county in this state
 1064  other than the person’s county of residence, the degree of the
 1065  burglary shall be reclassified to the next higher degree if the
 1066  purpose of the person’s travel is to thwart law enforcement
 1067  attempts to track the items stolen in the burglary. For purposes
 1068  of sentencing under chapter 921 and determining incentive gain
 1069  time eligibility for rehabilitation credits under chapter 944, a
 1070  burglary that is reclassified under this section is ranked one
 1071  level above the ranking specified in s. 921.0022 or s. 921.0023
 1072  for the burglary committed.
 1073         Section 19. Section 874.04, Florida Statutes, is amended to
 1074  read:
 1075         874.04 Gang-related offenses; enhanced penalties.—Upon a
 1076  finding by the factfinder that the defendant committed the
 1077  charged offense for the purpose of benefiting, promoting, or
 1078  furthering the interests of a criminal gang, the penalty for any
 1079  felony or misdemeanor, or any delinquent act or violation of law
 1080  which would be a felony or misdemeanor if committed by an adult,
 1081  may be enhanced. Penalty enhancement affects the applicable
 1082  statutory maximum penalty only. Each of the findings required as
 1083  a basis for such sentence shall be found beyond a reasonable
 1084  doubt. The enhancement will be as follows:
 1085         (1)(a) A misdemeanor of the second degree may be punished
 1086  as if it were a misdemeanor of the first degree.
 1087         (b) A misdemeanor of the first degree may be punished as if
 1088  it were a felony of the third degree. For purposes of sentencing
 1089  under chapter 921 and determining incentive gain-time
 1090  eligibility under chapter 944, such offense is ranked in level 1
 1091  of the offense severity ranking chart. The criminal gang
 1092  multiplier in s. 921.0024 does not apply to misdemeanors
 1093  enhanced under this paragraph.
 1094         (2)(a) A felony of the third degree may be punished as if
 1095  it were a felony of the second degree.
 1096         (b) A felony of the second degree may be punished as if it
 1097  were a felony of the first degree.
 1098         (c) A felony of the first degree may be punished as if it
 1099  were a life felony.
 1100  
 1101  For purposes of sentencing under chapter 921 and determining
 1102  incentive gain-time eligibility for rehabilitation credits under
 1103  chapter 944, such felony offense is ranked as provided in s.
 1104  921.0022 or s. 921.0023, and without regard to the penalty
 1105  enhancement in this subsection.
 1106         Section 20. Section 944.281, Florida Statutes, is amended
 1107  to read:
 1108         944.281 Ineligibility to earn gain-time due to disciplinary
 1109  action.—The department may declare that a prisoner who commits a
 1110  violation of any law of the state or rule or regulation of the
 1111  department or institution on or after January 1, 1996, and who
 1112  is found guilty pursuant to s. 944.28(2), shall not be eligible
 1113  to earn rehabilitation credits incentive gain-time for up to 6
 1114  months following the month in which the violation occurred. The
 1115  department shall adopt rules to administer the provisions of
 1116  this section.
 1117         Section 21. Subsection (1) of section 944.473, Florida
 1118  Statutes, is amended to read:
 1119         944.473 Inmate substance abuse testing program.—
 1120         (1) RULES AND PROCEDURES.—The department shall establish
 1121  programs for random and reasonable suspicion drug and alcohol
 1122  testing by urinalysis or other noninvasive procedure for inmates
 1123  to effectively identify those inmates abusing drugs, alcohol, or
 1124  both. The department shall also adopt rules relating to fair,
 1125  economical, and accurate operations and procedures of a random
 1126  inmate substance abuse testing program and a reasonable
 1127  suspicion substance abuse testing program by urinalysis or other
 1128  noninvasive procedure which enumerate penalties for positive
 1129  test results, including but not limited to the forfeiture of
 1130  both good behavior time and rehabilitation credits basic and
 1131  incentive gain-time, and which do not limit the number of times
 1132  an inmate may be tested in any one fiscal or calendar year.
 1133         Section 22. Subsection (1) of section 944.70, Florida
 1134  Statutes, is amended to read:
 1135         944.70 Conditions for release from incarceration.—
 1136         (1)(a) A person who is convicted of a crime committed on or
 1137  after October 1, 1983, but before January 1, 1994, may be
 1138  released from incarceration only:
 1139         1. Upon expiration of the person’s sentence;
 1140         2. Upon expiration of the person’s sentence as reduced by
 1141  accumulated gain-time;
 1142         3. As directed by an executive order granting clemency;
 1143         4. Upon attaining the provisional release date;
 1144         5. Upon placement in a conditional release program pursuant
 1145  to s. 947.1405; or
 1146         6. Upon the granting of control release pursuant to s.
 1147  947.146.
 1148         (b) A person who is convicted of a crime committed on or
 1149  after January 1, 1994, may be released from incarceration only:
 1150         1. Upon expiration of the person’s sentence;
 1151         2. Upon expiration of the person’s sentence as reduced by
 1152  accumulated rehabilitation credits and outstanding deed awards
 1153  meritorious or incentive gain-time;
 1154         3. As directed by an executive order granting clemency;
 1155         4. Upon placement in a conditional release program pursuant
 1156  to s. 947.1405 or a conditional medical release program pursuant
 1157  to s. 947.149; or
 1158         5. Upon the granting of control release, including
 1159  emergency control release, pursuant to s. 947.146.
 1160         Section 23. For the purpose of incorporating the amendment
 1161  made by this act to section 944.275, Florida Statutes, in a
 1162  reference thereto, paragraph (k) of subsection (4) of section
 1163  775.084, Florida Statutes, is reenacted to read:
 1164         775.084 Violent career criminals; habitual felony offenders
 1165  and habitual violent felony offenders; three-time violent felony
 1166  offenders; definitions; procedure; enhanced penalties or
 1167  mandatory minimum prison terms.—
 1168         (4)
 1169         (k)1. A defendant sentenced under this section as a
 1170  habitual felony offender, a habitual violent felony offender, or
 1171  a violent career criminal is eligible for gain-time granted by
 1172  the Department of Corrections as provided in s. 944.275(4)(b).
 1173         2. For an offense committed on or after October 1, 1995, a
 1174  defendant sentenced under this section as a violent career
 1175  criminal is not eligible for any form of discretionary early
 1176  release, other than pardon or executive clemency, or conditional
 1177  medical release granted pursuant to s. 947.149.
 1178         3. For an offense committed on or after July 1, 1999, a
 1179  defendant sentenced under this section as a three-time violent
 1180  felony offender shall be released only by expiration of sentence
 1181  and shall not be eligible for parole, control release, or any
 1182  form of early release.
 1183         Section 24. For the purpose of incorporating the amendment
 1184  made by this act to section 944.275, Florida Statutes, in
 1185  references thereto, paragraph (v) of subsection (2) and
 1186  paragraph (e) of subsection (3) of section 900.05, Florida
 1187  Statutes, are reenacted to read:
 1188         900.05 Criminal justice data collection.—
 1189         (2) DEFINITIONS.—As used in this section, the term:
 1190         (v) “Gain-time credit earned” means a credit of time
 1191  awarded to an inmate in a county detention facility in
 1192  accordance with s. 951.21 or a state correctional institution or
 1193  facility in accordance with s. 944.275.
 1194         (3) DATA COLLECTION AND REPORTING.—An entity required to
 1195  collect data in accordance with this subsection shall collect
 1196  the specified data and report them in accordance with this
 1197  subsection to the Department of Law Enforcement on a monthly
 1198  basis.
 1199         (e) Department of Corrections.—The Department of
 1200  Corrections shall collect the following data:
 1201         1. Information related to each inmate, including:
 1202         a. Identifying information, including name, date of birth,
 1203  race, ethnicity, gender, case number, and identification number
 1204  assigned by the department.
 1205         b. Highest education level.
 1206         c. Date the inmate was admitted to the custody of the
 1207  department for his or her current incarceration.
 1208         d. Current institution placement and the security level
 1209  assigned to the institution.
 1210         e. Custody level assignment.
 1211         f. Qualification for a flag designation as defined in this
 1212  section, including sexual offender flag, habitual offender flag,
 1213  habitual violent felony offender flag, prison releasee
 1214  reoffender flag, three-time violent felony offender flag,
 1215  violent career criminal flag, gang affiliation flag, or
 1216  concurrent or consecutive sentence flag.
 1217         g. County that committed the prisoner to the custody of the
 1218  department.
 1219         h. Whether the reason for admission to the department is
 1220  for a new conviction or a violation of probation, community
 1221  control, or parole. For an admission for a probation, community
 1222  control, or parole violation, the department shall report
 1223  whether the violation was technical or based on a new violation
 1224  of law.
 1225         i. Specific statutory citation for which the inmate was
 1226  committed to the department, including, for an inmate convicted
 1227  of drug trafficking under s. 893.135, the statutory citation for
 1228  each specific drug trafficked.
 1229         j. Length of sentence served.
 1230         k. Length of concurrent or consecutive sentences served.
 1231         l. Tentative release date.
 1232         m. Gain time earned in accordance with s. 944.275.
 1233         n. Prior incarceration within the state.
 1234         o. Disciplinary violation and action.
 1235         p. Participation in rehabilitative or educational programs
 1236  while in the custody of the department.
 1237         q. Digitized sentencing scoresheet prepared in accordance
 1238  with s. 921.0024.
 1239         2. Information about each state correctional institution or
 1240  facility, including:
 1241         a. Budget for each state correctional institution or
 1242  facility.
 1243         b. Daily prison population of all inmates incarcerated in a
 1244  state correctional institution or facility.
 1245         c. Daily number of correctional officers for each state
 1246  correctional institution or facility.
 1247         3. Information related to persons supervised by the
 1248  department on probation or community control, including:
 1249         a. Identifying information for each person supervised by
 1250  the department on probation or community control, including his
 1251  or her name, date of birth, race, ethnicity, gender, case
 1252  number, and department-assigned case number.
 1253         b. Length of probation or community control sentence
 1254  imposed and amount of time that has been served on such
 1255  sentence.
 1256         c. Projected termination date for probation or community
 1257  control.
 1258         d. Revocation of probation or community control due to a
 1259  violation, including whether the revocation is due to a
 1260  technical violation of the conditions of supervision or from the
 1261  commission of a new law violation.
 1262         4. Per diem rates for:
 1263         a. Prison bed.
 1264         b. Probation.
 1265         c. Community control.
 1266  
 1267  This information only needs to be reported once annually at the
 1268  time the most recent per diem rate is published.
 1269         Section 25. For the purpose of incorporating the amendment
 1270  made in this act to section 944.275, Florida statutes, in
 1271  reference thereto, section 944.28, Florida Statutes, is
 1272  reenacted to read:
 1273         944.28 Forfeiture of gain-time and the right to earn gain
 1274  time in the future.—
 1275         (1) If a prisoner is convicted of escape, or if the
 1276  clemency, conditional release as described in chapter 947,
 1277  probation or community control as described in chapter 948,
 1278  provisional release as described in s. 944.277, parole, or
 1279  control release as described in s. 947.146 granted to the
 1280  prisoner is revoked, the department may, without notice or
 1281  hearing, declare a forfeiture of all gain-time earned according
 1282  to the provisions of law by such prisoner prior to such escape
 1283  or his or her release under such clemency, conditional release,
 1284  probation, community control, provisional release, control
 1285  release, or parole.
 1286         (2)(a) All or any part of the gain-time earned by a
 1287  prisoner according to the provisions of law is subject to
 1288  forfeiture if such prisoner unsuccessfully attempts to escape;
 1289  assaults another person; threatens or knowingly endangers the
 1290  life or person of another person; refuses by action or word to
 1291  carry out any instruction duly given to him or her; neglects to
 1292  perform in a faithful, diligent, industrious, orderly, and
 1293  peaceful manner the work, duties, and tasks assigned to him or
 1294  her; is found by a court to have brought a frivolous suit,
 1295  action, claim, proceeding, or appeal in any court; is found by a
 1296  court to have knowingly or with reckless disregard for the truth
 1297  brought false information or evidence before the court; or
 1298  violates any law of the state or any rule or regulation of the
 1299  department or institution.
 1300         (b) A prisoner’s right to earn gain-time during all or any
 1301  part of the remainder of the sentence or sentences under which
 1302  he or she is imprisoned may be declared forfeited because of the
 1303  seriousness of a single instance of misconduct or because of the
 1304  seriousness of an accumulation of instances of misconduct.
 1305         (c) The method of declaring a forfeiture under paragraph
 1306  (a) or paragraph (b) shall be as follows: A written charge shall
 1307  be prepared, which shall specify each instance of misconduct
 1308  upon which it is based and the approximate date thereof. A copy
 1309  of such charge shall be delivered to the prisoner, and he or she
 1310  shall be given notice of a hearing before the disciplinary
 1311  committee created under the authorization of rules heretofore or
 1312  hereafter adopted by the department for the institution in which
 1313  he or she is confined. The prisoner shall be present at the
 1314  hearing. If at such hearing the prisoner pleads guilty to the
 1315  charge or if the committee determines that the prisoner is
 1316  guilty thereof upon the basis of proof presented at such
 1317  hearing, it shall find him or her guilty. If the committee
 1318  considers that all or part of the prisoner’s gain-time and the
 1319  prisoner’s right to earn gain-time during all or any part of the
 1320  sentence or sentences under which he or she is imprisoned shall
 1321  be forfeited, it shall so recommend in its written report. Such
 1322  report shall be presented to the warden of the institution, who
 1323  may approve such recommendation in whole or in part by endorsing
 1324  such approval on the report. In the event of approval, the
 1325  warden shall forward the report to the department. Thereupon,
 1326  the department may, in its discretion, declare the forfeiture
 1327  thus approved by the warden or any specified part thereof.
 1328         (3) Upon the recommendation of the warden, the department
 1329  may, in its discretion, restore all or any part of any gain-time
 1330  forfeited under this section.
 1331         Section 26. For the purpose of incorporating the amendment
 1332  made by this act to section 944.275, Florida Statutes, in a
 1333  reference thereto, subsection (1) of section 944.605, Florida
 1334  Statutes, is reenacted to read:
 1335         944.605 Inmate release; notification; identification card.—
 1336         (1) Within 6 months before the release of an inmate from
 1337  the custody of the Department of Corrections or a private
 1338  correctional facility by expiration of sentence under s.
 1339  944.275, any release program provided by law, or parole under
 1340  chapter 947, or as soon as possible if the offender is released
 1341  earlier than anticipated, notification of such anticipated
 1342  release date shall be made known by the Department of
 1343  Corrections to the chief judge of the circuit in which the
 1344  offender was sentenced, the appropriate state attorney, the
 1345  original arresting law enforcement agency, the Department of Law
 1346  Enforcement, and the sheriff as chief law enforcement officer of
 1347  the county in which the inmate plans to reside. In addition,
 1348  unless otherwise requested by the victim, the victim’s parent or
 1349  guardian if the victim is a minor, the lawful representative of
 1350  the victim or of the victim’s parent or guardian if the victim
 1351  is a minor, the victim’s next of kin in the case of a homicide,
 1352  the state attorney or the Department of Corrections, whichever
 1353  is appropriate, shall notify such person within 6 months before
 1354  the inmate’s release, or as soon as possible if the offender is
 1355  released earlier than anticipated, when the name and address of
 1356  such victim, or the name and address of the parent, guardian,
 1357  next of kin, or lawful representative of the victim has been
 1358  furnished to the agency. The state attorney shall provide the
 1359  latest address documented for the victim, or for the victim’s
 1360  parent, guardian, next of kin, or lawful representative, as
 1361  applicable, to the sheriff with the other documents required by
 1362  law for the delivery of inmates to those agencies for service of
 1363  sentence. Upon request, within 30 days after an inmate is
 1364  approved for community work release, the state attorney, the
 1365  victim, the victim’s parent or guardian if the victim is a
 1366  minor, the victim’s next of kin in the case of a homicide, or
 1367  the lawful representative of the victim or of the victim’s
 1368  parent or guardian if the victim is a minor shall be notified
 1369  that the inmate has been approved for community work release.
 1370  This section does not imply any repeal or modification of any
 1371  provision of law relating to notification of victims.
 1372         Section 27. For the purpose of incorporating the amendment
 1373  made by this act to section 944.275, Florida Statutes, in a
 1374  reference thereto, subsection (6) of section 944.607, Florida
 1375  Statutes, is reenacted to read:
 1376         944.607 Notification to Department of Law Enforcement of
 1377  information on sexual offenders.—
 1378         (6) The information provided to the Department of Law
 1379  Enforcement must include:
 1380         (a) The information obtained from the sexual offender under
 1381  subsection (4);
 1382         (b) The sexual offender’s most current address, place of
 1383  permanent, temporary, or transient residence within the state or
 1384  out of state, and address, location or description, and dates of
 1385  any current or known future temporary residence within the state
 1386  or out of state, while the sexual offender is under supervision
 1387  in this state, including the name of the county or municipality
 1388  in which the offender permanently or temporarily resides, or has
 1389  a transient residence, and address, location or description, and
 1390  dates of any current or known future temporary residence within
 1391  the state or out of state, and, if known, the intended place of
 1392  permanent, temporary, or transient residence, and address,
 1393  location or description, and dates of any current or known
 1394  future temporary residence within the state or out of state upon
 1395  satisfaction of all sanctions;
 1396         (c) The legal status of the sexual offender and the
 1397  scheduled termination date of that legal status;
 1398         (d) The location of, and local telephone number for, any
 1399  Department of Corrections’ office that is responsible for
 1400  supervising the sexual offender;
 1401         (e) An indication of whether the victim of the offense that
 1402  resulted in the offender’s status as a sexual offender was a
 1403  minor;
 1404         (f) The offense or offenses at conviction which resulted in
 1405  the determination of the offender’s status as a sex offender;
 1406  and
 1407         (g) A digitized photograph of the sexual offender which
 1408  must have been taken within 60 days before the offender is
 1409  released from the custody of the department or a private
 1410  correctional facility by expiration of sentence under s. 944.275
 1411  or must have been taken by January 1, 1998, or within 60 days
 1412  after the onset of the department’s supervision of any sexual
 1413  offender who is on probation, community control, conditional
 1414  release, parole, provisional release, or control release or who
 1415  is supervised by the department under the Interstate Compact
 1416  Agreement for Probationers and Parolees. If the sexual offender
 1417  is in the custody of a private correctional facility, the
 1418  facility shall take a digitized photograph of the sexual
 1419  offender within the time period provided in this paragraph and
 1420  shall provide the photograph to the department.
 1421  
 1422  If any information provided by the department changes during the
 1423  time the sexual offender is under the department’s control,
 1424  custody, or supervision, including any change in the offender’s
 1425  name by reason of marriage or other legal process, the
 1426  department shall, in a timely manner, update the information and
 1427  provide it to the Department of Law Enforcement in the manner
 1428  prescribed in subsection (2).
 1429         Section 28. For the purpose of incorporating the amendment
 1430  made by this act to section 944.275, Florida Statutes, in a
 1431  reference thereto, subsection (15) of section 947.005, Florida
 1432  Statutes, is reenacted to read:
 1433         947.005 Definitions.—As used in this chapter, unless the
 1434  context clearly indicates otherwise:
 1435         (15) “Tentative release date” means the date projected for
 1436  the prisoner’s release from custody by virtue of gain-time
 1437  granted or forfeited pursuant to s. 944.275(3)(a).
 1438         Section 29. For the purpose of incorporating the amendment
 1439  made by this act to section 944.275, Florida Statutes, in a
 1440  reference thereto, paragraph (a) of subsection (6) of section
 1441  985.4815, Florida Statutes, is reenacted to read:
 1442         985.4815 Notification to Department of Law Enforcement of
 1443  information on juvenile sexual offenders.—
 1444         (6)(a) The information provided to the Department of Law
 1445  Enforcement must include the following:
 1446         1. The information obtained from the sexual offender under
 1447  subsection (4).
 1448         2. The sexual offender’s most current address and place of
 1449  permanent, temporary, or transient residence within the state or
 1450  out of state, and address, location or description, and dates of
 1451  any current or known future temporary residence within the state
 1452  or out of state, while the sexual offender is in the care or
 1453  custody or under the jurisdiction or supervision of the
 1454  department in this state, including the name of the county or
 1455  municipality in which the offender permanently or temporarily
 1456  resides, or has a transient residence, and address, location or
 1457  description, and dates of any current or known future temporary
 1458  residence within the state or out of state; and, if known, the
 1459  intended place of permanent, temporary, or transient residence,
 1460  and address, location or description, and dates of any current
 1461  or known future temporary residence within the state or out of
 1462  state upon satisfaction of all sanctions.
 1463         3. The legal status of the sexual offender and the
 1464  scheduled termination date of that legal status.
 1465         4. The location of, and local telephone number for, any
 1466  department office that is responsible for supervising the sexual
 1467  offender.
 1468         5. An indication of whether the victim of the offense that
 1469  resulted in the offender’s status as a sexual offender was a
 1470  minor.
 1471         6. The offense or offenses at adjudication and disposition
 1472  that resulted in the determination of the offender’s status as a
 1473  sex offender.
 1474         7. A digitized photograph of the sexual offender, which
 1475  must have been taken within 60 days before the offender was
 1476  released from the custody of the department or a private
 1477  correctional facility by expiration of sentence under s.
 1478  944.275, or within 60 days after the onset of the department’s
 1479  supervision of any sexual offender who is on probation,
 1480  postcommitment probation, residential commitment, nonresidential
 1481  commitment, licensed child-caring commitment, community control,
 1482  conditional release, parole, provisional release, or control
 1483  release or who is supervised by the department under the
 1484  Interstate Compact Agreement for Probationers and Parolees. If
 1485  the sexual offender is in the custody of a private correctional
 1486  facility, the facility shall take a digitized photograph of the
 1487  sexual offender within the time period provided in this
 1488  subparagraph and shall provide the photograph to the department.
 1489         Section 30. This act shall take effect July 1, 2021.