Amendment
Bill No. 1899

Amendment No. 576449

CHAMBER ACTION
Senate		House
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1	Representative Needelman offered the following:
2
3	Substitute Amendment for Amendment (721889) (with title
4	amendments)
5	Remove line 247 and insert:
6	Section 7.  Subsection (10) of section 20.315, Florida
7	Statutes, is amended to read:
8	20.315  Department of Corrections.--There is created a
9	Department of Corrections.
10	(10)  FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.--All
11	commitments shall state the statutory authority therefor. The
12	Secretary of Corrections shall have the authority to prescribe
13	the form to be used for commitments. Nothing in this act shall
14	be construed to abridge the authority and responsibility of a
15	regional the parole board Commission with respect to the
16	granting and revocation of parole. The Department of Corrections
17	shall notify the original sentencing court Parole Commission of
18	all violations of parole conditions and provide reports
19	connected thereto as may be requested by the court commission.
20	The court commission shall have the authority to issue orders
21	dealing with supervision of specific parolees, and such orders
22	shall be binding on all parties.
23	Section 8.  Section 20.32, Florida Statutes, is amended to
24	read:
25	20.32  Regional parole boards Parole Commission.--
26	(1)  There is hereby established a regional parole board of
27	no less than three or more than seven members in each of the
28	regions of the Department of Corrections. The Governor shall
29	appoint members to serve on the regional parole boards as
30	provided by s. 947.02. The regional parole boards shall be
31	administratively housed within the Office of the Attorney
32	General, which shall provide administrative and staff support to
33	the boards The Parole and Probation Commission, authorized by s.
34	8(c), Art. IV, State Constitution of 1968, is continued and
35	renamed the Parole Commission. The commission retains its
36	powers, duties, and functions with respect to the granting and
37	revoking of parole and shall exercise powers, duties, and
38	functions relating to investigations of applications for
39	clemency as directed by the Governor and the Cabinet.
40	(2)  The powers and duties of the regional parole boards
41	shall be to conduct parole hearings, to grant or deny parole to
42	parole-eligible inmates, to set any special conditions for
43	parole, and such other duties as may be prescribed by law. No
44	fewer than three members must participate in hearings to grant
45	or deny parole or to set any special conditions for parole. It
46	shall require a majority vote of members participating in a
47	proceeding to grant or deny parole or set any special conditions
48	for parole All powers, duties, and functions relating to the
49	appointment of the Parole Commission as provided in s. 947.02 or
50	s. 947.021 shall be exercised and performed by the Governor and
51	the Cabinet. Except as provided in s. 947.021, each appointment
52	shall be made from among the first three eligible persons on the
53	list of the persons eligible for said position.
54	(3)  The Attorney General shall assign parole-eligible
55	inmates to the jurisdiction of a regional board based on the
56	location of the most serious offense that resulted in the
57	offender's incarceration. The Attorney General may, however,
58	assign an inmate to a different parole board than for the
59	location where the most serious offense occurred if necessary to
60	facilitate attendance of a victim or to facilitate the
61	convenience of the parole board volunteer members in cases in
62	which the inmate is physically located outside the region in
63	which the crime occurred. Parole hearings may be held by video
64	teleconference. An accurate record of all proceedings conducted
65	by video teleconference must be maintained by the Office of the
66	Attorney General The commission may require any employee of the
67	commission to give a bond for the faithful performance of his or
68	her duties. The commission may determine the amount of the bond
69	and must approve the bond. In determining the amount of the
70	bond, the commission may consider the amount of money or
71	property likely to be in custody of the officer or employee at
72	any one time. The premiums for the bonds must be paid out of the
73	funds of the commission.
74	Section 9.  Subsection (1) of section 23.21, Florida
75	Statutes, is amended to read:
76	23.21  Definitions.--For purposes of this part:
77	(1)  "Department" means a principal administrative unit
78	within the executive branch of state government, as defined in
79	chapter 20, and includes the State Board of Administration, the
80	Executive Office of the Governor, the Fish and Wildlife
81	Conservation Commission, the Parole Commission, the Agency for
82	Health Care Administration, the Board of Regents, the State
83	Board of Community Colleges, the Justice Administrative
84	Commission, the Capital Collateral Representative, and separate
85	budget entities placed for administrative purposes within a
86	department.
87	Section 10.  Paragraph (b) of subsection (2) of section
88	112.011, Florida Statutes, is amended to read:
89	112.011  Felons; removal of disqualifications for
90	employment, exceptions.--
91	(2)
92	(b)  This section shall not be applicable to the employment
93	practices of any fire department relating to the hiring of
94	firefighters. An applicant for employment with any fire
95	department with a prior felony conviction shall be excluded from
96	employment for a period of 4 years after expiration of sentence
97	or final release by the Parole Commission or a regional parole
98	board unless the applicant, prior to the expiration of the 4-
99	year period, has received a full pardon or has had his or her
100	civil rights restored.
101	Section 11.  Subsection (1) of section 186.005, Florida
102	Statutes, is amended to read:
103	186.005  Designation of departmental planning officer.--
104	(1)  The head of each executive department and the Public
105	Service Commission, the Fish and Wildlife Conservation
106	Commission, the Parole Commission, and the Department of
107	Military Affairs shall select from within such agency a person
108	to be designated as the planning officer for such agency. The
109	planning officer shall be responsible for coordinating with the
110	Executive Office of the Governor and with the planning officers
111	of other agencies all activities and responsibilities of such
112	agency relating to planning.
113	Section 12.  Subsection (3) of section 255.502, Florida
114	Statutes, is amended to read:
115	255.502  Definitions; ss. 255.501-255.525.--As used in this
116	act, the following words and terms shall have the following
117	meanings unless the context otherwise requires:
118	(3)  "Agency" means any department created by chapter 20,
119	the Executive Office of the Governor, the Fish and Wildlife
120	Conservation Commission, the Parole Commission, the State Board
121	of Administration, the Department of Military Affairs, or the
122	Legislative Branch or the Judicial Branch of state government.
123	Section 13.  Paragraph (c) of subsection (1) of section
124	322.16, Florida Statutes, is amended to read:
125	322.16  License restrictions.--
126	(1)
127	(c)  The department may further, at any time, impose other
128	restrictions on the use of the license with respect to time and
129	purpose of use or may impose any other condition or restriction
130	upon recommendation of any court, of the Parole Commission or a
131	regional parole board, or of the Department of Corrections with
132	respect to any individual who is under the jurisdiction,
133	supervision, or control of the entity that made the
134	recommendation.
135	Section 14.  Subsection (2) of section 394.926, Florida
136	Statutes, is amended to read:
137	394.926  Notice to victims of release of persons committed
138	as sexually violent predators; notice to certain agencies
139	Department of Corrections and Parole Commission.--
140	(2)  If a sexually violent predator who has an active or
141	pending term of probation, community control, parole,
142	conditional release, or other court-ordered or postprison
143	release supervision is released from custody, the department
144	must immediately notify the Department of Corrections' Office of
145	Community Corrections in Tallahassee. The regional parole board
146	with jurisdiction Parole Commission must also be immediately
147	notified of any releases of a sexually violent predator who has
148	an active or pending term of parole, conditional release, or
149	other postprison release supervision that is administered by the
150	Parole Commission.
151	Section 15.  Subsection (2) of section 394.927, Florida
152	Statutes, is amended to read:
153	394.927  Escape while in lawful custody; notice to victim;
154	notice to the Department of Corrections and regional parole
155	board Parole Commission.--
156	(2)  If a person who is held in custody pursuant to a
157	finding of probable cause or commitment as a sexually violent
158	predator escapes while in custody, the department shall
159	immediately notify the victim in accordance with s. 394.926. The
160	state attorney that filed the petition for civil commitment of
161	the escapee must also be immediately notified by the department.
162	If the escapee has an active or pending term of probation,
163	community control, parole, conditional release, or other court-
164	ordered or postprison release supervision, the department shall
165	also immediately notify the Department of Corrections' Office of
166	Community Corrections in Tallahassee. The regional parole board
167	having jurisdiction Parole Commission shall also be immediately
168	notified of an escape if the escapee has an active or pending
169	term of parole, conditional release, or other postprison release
170	supervision that is administered by the Parole Commission.
171	Section 16.  Subsection (4) of section 775.089, Florida
172	Statutes, is amended to read:
173	775.089  Restitution.--
174	(4)  If a defendant is placed on probation or paroled,
175	complete satisfaction of any restitution ordered under this
176	section shall be a condition of such probation or parole. The
177	court may revoke probation or , and the Parole Commission may
178	revoke parole, if the defendant fails to comply with such order.
179	Section 17.  Subsection (1) and paragraphs (a) and (b) of
180	subsection (2) of section 775.16, Florida Statutes, are amended
181	to read:
182	775.16  Drug offenses; additional penalties.--In addition
183	to any other penalty provided by law, a person who has been
184	convicted of sale of or trafficking in, or conspiracy to sell or
185	traffic in, a controlled substance under chapter 893, if such
186	offense is a felony, or who has been convicted of an offense
187	under the laws of any state or country which, if committed in
188	this state, would constitute the felony of selling or
189	trafficking in, or conspiracy to sell or traffic in, a
190	controlled substance under chapter 893, is:
191	(1)  Disqualified from applying for employment by any
192	agency of the state, unless:
193	(a)  The person has completed all sentences of imprisonment
194	or supervisory sanctions imposed by the court, by the Parole
195	Commission or a regional parole board, or by law; or
196	(b)  The person has complied with the conditions of
197	subparagraphs 1. and 2. which shall be monitored by the
198	Department of Corrections while the person is under any
199	supervisory sanctions. The person under supervision may:
200	1.  Seek evaluation and enrollment in, and once enrolled
201	maintain enrollment in until completion, a drug treatment and
202	rehabilitation program which is approved by the Department of
203	Children and Family Services, unless it is deemed by the program
204	that the person does not have a substance abuse problem. The
205	treatment and rehabilitation program may be specified by:
206	a.  The court, in the case of court-ordered supervisory
207	sanctions;
208	b.  The regional parole board having jurisdiction Parole
209	Commission, in the case of parole, control release, or
210	conditional release; or
211	c.  The Department of Corrections, in the case of
212	imprisonment, conditional release, control release, or any other
213	supervision required by law.
214	2.  Submit to periodic urine drug testing pursuant to
215	procedures prescribed by the Department of Corrections. If the
216	person is indigent, the costs shall be paid by the Department of
217	Corrections.
218	(2)  Disqualified from applying for a license, permit, or
219	certificate required by any agency of the state to practice,
220	pursue, or engage in any occupation, trade, vocation,
221	profession, or business, unless:
222	(a)  The person has completed all sentences of imprisonment
223	or supervisory sanctions imposed by the court, by the Parole
224	Commission or a regional parole board, or by law;
225	(b)  The person has complied with the conditions of
226	subparagraphs 1. and 2. which shall be monitored by the
227	Department of Corrections while the person is under any
228	supervisory sanction. If the person fails to comply with
229	provisions of these subparagraphs by either failing to maintain
230	treatment or by testing positive for drug use, the department
231	shall notify the licensing, permitting, or certifying agency,
232	which may refuse to reissue or reinstate such license, permit,
233	or certification. The licensee, permittee, or certificateholder
234	under supervision may:
235	1.  Seek evaluation and enrollment in, and once enrolled
236	maintain enrollment in until completion, a drug treatment and
237	rehabilitation program which is approved or regulated by the
238	Department of Children and Family Services, unless it is deemed
239	by the program that the person does not have a substance abuse
240	problem. The treatment and rehabilitation program may be
241	specified by:
242	a.  The court, in the case of court-ordered supervisory
243	sanctions;
244	b.  The regional parole board having jurisdiction Parole
245	Commission, in the case of parole, control release, or
246	conditional release; or
247	c.  The Department of Corrections, in the case of
248	imprisonment, conditional release, control release, or any other
249	supervision required by law.
250	2.  Submit to periodic urine drug testing pursuant to
251	procedures prescribed by the Department of Corrections. If the
252	person is indigent, the costs shall be paid by the Department of
253	Corrections; or
254
255	The provisions of this section do not apply to any of the taxes,
256	fees, or permits regulated, controlled, or administered by the
257	Department of Revenue in accordance with the provisions of s.
258	213.05.
259	Section 18.  Paragraph (a) of subsection (1) of section
260	784.07, Florida Statutes, is amended to read:
261	784.07  Assault or battery of law enforcement officers,
262	firefighters, emergency medical care providers, public transit
263	employees or agents, or other specified officers;
264	reclassification of offenses; minimum sentences.--
265	(1)  As used in this section, the term:
266	(a)  "Law enforcement officer" includes a law enforcement
267	officer, a correctional officer, a correctional probation
268	officer, a part-time law enforcement officer, a part-time
269	correctional officer, an auxiliary law enforcement officer, and
270	an auxiliary correctional officer, as those terms are
271	respectively defined in s. 943.10, and any county probation
272	officer; employee or agent of the Department of Corrections who
273	supervises or provides services to inmates; officer of the
274	Parole Commission; and law enforcement personnel of the Fish and
275	Wildlife Conservation Commission, the Department of
276	Environmental Protection, or the Department of Law Enforcement.
277	Section 19.  Subsection (2) of section 784.078, Florida
278	Statutes, is amended to read:
279	784.078  Battery of facility employee by throwing, tossing,
280	or expelling certain fluids or materials.--
281	(2)(a)  As used in this section, the term "employee"
282	includes any person employed by or performing contractual
283	services for a public or private entity operating a facility or
284	any person employed by or performing contractual services for
285	the corporation operating the prison industry enhancement
286	programs or the correctional work programs, pursuant to part II
287	of chapter 946.
288	(b)  "Employee" includes any person who is a parole
289	examiner with the Florida Parole Commission.
290	Section 20.  Section 843.01, Florida Statutes, is amended
291	to read:
292	843.01  Resisting officer with violence to his or her
293	person.--Whoever knowingly and willfully resists, obstructs, or
294	opposes any officer as defined in s. 943.10(1), (2), (3), (6),
295	(7), (8), or (9); member of the Parole Commission or any
296	administrative aide or supervisor employed by the commission;
297	parole and probation supervisor; county probation officer;
298	personnel or representative of the Department of Law
299	Enforcement; or other person legally authorized to execute
300	process in the execution of legal process or in the lawful
301	execution of any legal duty, by offering or doing violence to
302	the person of such officer or legally authorized person, commits
303	is guilty of a felony of the third degree, punishable as
304	provided in s. 775.082, s. 775.083, or s. 775.084.
305	Section 21.  Section 843.02, Florida Statutes, is amended
306	to read:
307	843.02  Resisting officer without violence to his or her
308	person.--Whoever shall resist, obstruct, or oppose any officer
309	as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
310	member of the Parole Commission or any administrative aide or
311	supervisor employed by the commission; county probation officer;
312	parole and probation supervisor; personnel or representative of
313	the Department of Law Enforcement; or other person legally
314	authorized to execute process in the execution of legal process
315	or in the lawful execution of any legal duty, without offering
316	or doing violence to the person of the officer, commits shall be
317	guilty of a misdemeanor of the first degree, punishable as
318	provided in s. 775.082 or s. 775.083.
319	Section 22.  Section 843.08, Florida Statutes, is amended
320	to read:
321	843.08  Falsely personating an officer, etc.--A person who
322	falsely assumes or pretends to be a sheriff, officer of the
323	Florida Highway Patrol, officer of the Fish and Wildlife
324	Conservation Commission, officer of the Department of
325	Environmental Protection, officer of the Department of
326	Transportation, officer of the Department of Corrections,
327	correctional probation officer, deputy sheriff, state attorney
328	or assistant state attorney, statewide prosecutor or assistant
329	statewide prosecutor, state attorney investigator, coroner,
330	police officer, lottery special agent or lottery investigator,
331	beverage enforcement agent, or watchman, or any member of the
332	Parole Commission and any administrative aide or supervisor
333	employed by the commission, or any personnel or representative
334	of the Department of Law Enforcement, and takes upon himself or
335	herself to act as such, or to require any other person to aid or
336	assist him or her in a matter pertaining to the duty of any such
337	officer, commits a felony of the third degree, punishable as
338	provided in s. 775.082, s. 775.083, or s. 775.084; however, a
339	person who falsely personates any such officer during the course
340	of the commission of a felony commits a felony of the second
341	degree, punishable as provided in s. 775.082, s. 775.083, or s.
342	775.084; except that if the commission of the felony results in
343	the death or personal injury of another human being, the person
344	commits a felony of the first degree, punishable as provided in
345	s. 775.082, s. 775.083, or s. 775.084.
346	Section 23.  Paragraph (a) of subsection (1) of section
347	893.11, Florida Statutes, is amended to read:
348	893.11  Suspension, revocation, and reinstatement of
349	business and professional licenses.--Upon the conviction in any
350	court of competent jurisdiction of any person holding a license,
351	permit, or certificate issued by a state agency, for sale of, or
352	trafficking in, a controlled substance or for conspiracy to
353	sell, or traffic in, a controlled substance, if such offense is
354	a felony, the clerk of said court shall send a certified copy of
355	the judgment of conviction with the person's license number,
356	permit number, or certificate number on the face of such
357	certified copy to the agency head by whom the convicted
358	defendant has received a license, permit, or certificate to
359	practice his or her profession or to carry on his or her
360	business. Such agency head shall suspend or revoke the license,
361	permit, or certificate of the convicted defendant to practice
362	his or her profession or to carry on his or her business. Upon a
363	showing by any such convicted defendant whose license, permit,
364	or certificate has been suspended or revoked pursuant to this
365	section that his or her civil rights have been restored or upon
366	a showing that the convicted defendant meets the following
367	criteria, the agency head may reinstate or reactivate such
368	license, permit, or certificate when:
369	(1)  The person has complied with the conditions of
370	paragraphs (a) and (b) which shall be monitored by the
371	Department of Corrections while the person is under any
372	supervisory sanction. If the person fails to comply with
373	provisions of these paragraphs by either failing to maintain
374	treatment or by testing positive for drug use, the department
375	shall notify the licensing, permitting, or certifying agency,
376	which shall revoke the license, permit, or certification. The
377	person under supervision may:
378	(a)  Seek evaluation and enrollment in, and once enrolled
379	maintain enrollment in until completion, a drug treatment and
380	rehabilitation program which is approved or regulated by the
381	Department of Children and Family Services. The treatment and
382	rehabilitation program shall be specified by:
383	1.  The court, in the case of court-ordered supervisory
384	sanctions;
385	2.  The regional parole board having jurisdiction Parole
386	Commission, in the case of parole, control release, or
387	conditional release; or
388	3.  The Department of Corrections, in the case of
389	imprisonment, conditional release, or any other supervision
390	required by law.
391
392	This section does not apply to any of the taxes, fees, or
393	permits regulated, controlled, or administered by the Department
394	of Revenue in accordance with s. 213.05.
395	Section 24.  Paragraph (a) of subsection (9) of section
396	921.001, Florida Statutes, is amended to read:
397	921.001  Sentencing Commission and sentencing guidelines
398	generally.--
399	(9)(a)  The Sentencing Commission and the office of the
400	State Courts Administrator shall conduct ongoing research on the
401	impact of the sentencing guidelines, the use of imprisonment and
402	alternatives to imprisonment, and plea bargaining. The
403	commission, with the aid of the office of the State Courts
404	Administrator, and the Department of Corrections, and the Parole
405	Commission, shall estimate the impact of any proposed changes to
406	the sentencing guidelines on future rates of incarceration and
407	levels of prison population, based in part on historical data of
408	sentencing practices which have been accumulated by the office
409	of the State Courts Administrator and on Department of
410	Corrections records reflecting average time served for offenses
411	covered by the proposed changes to the guidelines. The
412	commission shall review the projections of impact and shall make
413	them available to other appropriate agencies of state
414	government, including the Legislature, by October 1 of each
415	year.
416	Section 25.  Subsection (2) of section 921.16, Florida
417	Statutes, is amended to read:
418	921.16  When sentences to be concurrent and when
419	consecutive.--
420	(2)  A county court or circuit court of this state may
421	direct that the sentence imposed by such court be served
422	concurrently with a sentence imposed by a court of another state
423	or of the United States or, for purposes of this section,
424	concurrently with a sentence to be imposed in another
425	jurisdiction. In such case, the Department of Corrections may
426	designate the correctional institution of the other jurisdiction
427	as the place for reception and confinement of such person and
428	may also designate the place in Florida for reception and
429	confinement of such person in the event that confinement in the
430	other jurisdiction terminates before the expiration of the
431	Florida sentence. The sheriff shall forward commitment papers
432	and other documents specified in s. 944.17 to the department.
433	Upon imposing such a sentence, the court shall notify the Office
434	of the Attorney General which shall notify the appropriate
435	regional parole board Parole Commission as to the jurisdiction
436	in which the sentence is to be served. Any prisoner so released
437	to another jurisdiction shall be eligible for consideration for
438	parole by the appropriate regional parole board Parole
439	Commission pursuant to the provisions of chapter 947, except
440	that the Office of the Attorney General commission shall assist
441	the appropriate regional parole board in determining determine
442	the presumptive parole release date and the effective parole
443	release date by requesting such person's file from the receiving
444	jurisdiction. Upon receiving such records, the Office of the
445	Attorney General commission shall determine these release dates
446	based on the relevant information in that file and shall give
447	credit toward reduction of the Florida sentence for gain-time
448	granted by the jurisdiction where the inmate is serving the
449	sentence. The regional parole board Parole Commission may concur
450	in with the parole release decision of the jurisdiction granting
451	parole and accepting supervision.
452	Section 26.  Section 921.20, Florida Statutes, is amended
453	to read:
454	921.20  Classification summary; regional parole boards
455	Parole Commission.--As soon as possible after a prisoner has
456	been placed in the custody of the Department of Corrections, the
457	classification board shall furnish a classification summary to
458	the Office of the Attorney General for use by the regional
459	parole board Parole Commission for use as provided in s. 20.32
460	947.14. The summary shall include the criminal, personal,
461	social, and environmental background and other relevant factors
462	considered in classifying the prisoner for a penal environment
463	best suited for the prisoner's rapid rehabilitation.
464	Section 27.  Section 921.21, Florida Statutes, is amended
465	to read:
466	921.21  Progress reports to regional parole boards Parole
467	Commission.--From time to time the Department of Corrections
468	shall submit to the Attorney General for use by the regional
469	parole board Parole Commission progress reports and
470	recommendations regarding prisoners sentenced under s. 921.18.
471	When the classification board of the Department of Corrections
472	determines that justice and the public welfare will best be
473	served by paroling or discharging a prisoner, it shall transmit
474	its finding to the Office of the Attorney General which shall
475	forward such findings to the appropriate regional parole board
476	Parole Commission. The regional parole board commission shall
477	have the authority to place the prisoner on parole as provided
478	by law or give the prisoner a full discharge from custody. The
479	period of a parole granted by a regional parole board the Parole
480	Commission shall be in its discretion, but the parole period
481	shall not exceed the maximum term for which the prisoner was
482	sentenced.
483	Section 28.  Section 921.22, Florida Statutes, is amended
484	to read:
485	921.22  Determination of exact period of imprisonment by
486	regional parole board Parole Commission.--Upon the
487	recommendation of the Department of Corrections, a regional
488	parole board the Parole Commission shall have the authority to
489	determine the exact period of imprisonment to be served by
490	defendants sentenced under the provisions of s. 921.18, but a
491	prisoner shall not be held in custody longer than the maximum
492	sentence provided for the offense.
493	Section 29.  Section 940.03, Florida Statutes, is amended
494	to read:
495	940.03  Application for executive clemency.--When any
496	person intends to apply for remission of any fine or forfeiture
497	or the commutation of any punishment, or for pardon or
498	restoration of civil rights, he or she shall request an
499	application form from the Executive Office of the Governor
500	Parole Commission in compliance with such rules regarding
501	application for executive clemency as are adopted by the
502	Governor with the approval of two members of the Cabinet. Such
503	application may require the submission of a certified copy of
504	the applicant's indictment or information, the judgment
505	adjudicating the applicant to be guilty, and the sentence, if
506	sentence has been imposed, and may also require the applicant to
507	send a copy of the application to the judge and prosecuting
508	attorney of the court in which the applicant was convicted,
509	notifying them of the applicant's intent to apply for executive
510	clemency. An application for executive clemency for a person who
511	is sentenced to death must be filed within 1 year after the date
512	the Supreme Court issues a mandate on a direct appeal or the
513	United States Supreme Court denies a petition for certiorari,
514	whichever is later.
515	Section 30.  Subsection (3) of section 940.05, Florida
516	Statutes, is amended to read:
517	940.05  Restoration of civil rights.--Any person who has
518	been convicted of a felony may be entitled to the restoration of
519	all the rights of citizenship enjoyed by him or her prior to
520	conviction if the person has:
521	(3)  Been granted his or her final release by the regional
522	parole board having jurisdiction Parole Commission.
523	Section 31.  Subsections (2)and (3) of section 941.23,
524	Florida Statutes, are amended to read:
525	941.23  Application for issuance of requisition; by whom
526	made; contents.--
527	(2)  When the return to this state is required of a person
528	who has been convicted of a crime in this state and has escaped
529	from confinement or broken the terms of his or her bail,
530	probation, or parole, the state attorney of the county in which
531	the offense was committed, the regional parole board having
532	jurisdiction Parole Commission, the Department of Corrections,
533	or the warden of the institution or sheriff of the county, from
534	which escape was made, shall present to the Governor a written
535	application for a requisition for the return of such person, in
536	which application shall be stated the name of the person, the
537	crime of which the person was convicted, the circumstances of
538	his or her escape from confinement or of the breach of the terms
539	of his or her bail, probation, or parole, and the state in which
540	the person is believed to be, including the location of the
541	person therein at the time application is made.
542	(3)  The application shall be verified by affidavit, shall
543	be executed in duplicate, and shall be accompanied by two
544	certified copies of the indictment returned or information and
545	affidavit filed or of the complaint made to the judge, stating
546	the offense with which the accused is charged, or of the
547	judgment of conviction or of the sentence. The prosecuting
548	officer, regional parole board having jurisdiction Parole
549	Commission, Department of Corrections, warden, or sheriff may
550	also attach such further affidavits and other documents in
551	duplicate as he or she shall deem proper to be submitted with
552	such application. One copy of the application, with the action
553	of the Governor indicated by endorsement thereon, and one of the
554	certified copies of the indictment, complaint, information, and
555	affidavits or of the judgment of conviction or of the sentence
556	shall be filed in the office of the Department of State to
557	remain of record in that office. The other copies of all papers
558	shall be forwarded with the Governor's requisition.
559	Section 32.  Subsection (7) of section 943.0311, Florida
560	Statutes, is amended to read:
561	943.0311  Chief of Domestic Security Initiatives; duties of
562	the department with respect to domestic security.--
563	(7)  As used in this section, the term "state agency"
564	includes the Agency for Health Care Administration, the Agency
565	for Workforce Innovation, the Department of Agriculture and
566	Consumer Services, the Department of Business and Professional
567	Regulation, the Department of Children and Family Services, the
568	Department of Citrus, the Department of Community Affairs, the
569	Department of Corrections, the Department of Education, the
570	Department of Elderly Affairs, the Department of Environmental
571	Protection, the Department of Financial Services, the Department
572	of Health, the Department of Highway Safety and Motor Vehicles,
573	the Department of Juvenile Justice, the Department of Law
574	Enforcement, the Department of Legal Affairs, the Department of
575	Management Services, the Department of Military Affairs, the
576	Department of Revenue, the Department of State, the Department
577	of the Lottery, the Department of Transportation, the Department
578	of Veterans' Affairs, the Fish and Wildlife Conservation
579	Commission, the Parole Commission, the State Board of
580	Administration, and the Executive Office of the Governor.
581	Section 33.  Subsection (1) of section 943.06, Florida
582	Statutes, is amended to read:
583	943.06  Criminal and Juvenile Justice Information Systems
584	Council.--There is created a Criminal and Juvenile Justice
585	Information Systems Council within the department.
586	(1)  The council shall be composed of 14 members,
587	consisting of the Attorney General or a designated assistant;
588	the executive director of the Department of Law Enforcement or a
589	designated assistant; the secretary of the Department of
590	Corrections or a designated assistant; the chair of the Parole
591	Commission or a designated assistant; the Secretary of Juvenile
592	Justice or a designated assistant; the executive director of the
593	Department of Highway Safety and Motor Vehicles or a designated
594	assistant; the State Courts Administrator or a designated
595	assistant; 1 public defender appointed by the Florida Public
596	Defender Association, Inc.; 1 state attorney appointed by the
597	Florida Prosecuting Attorneys Association, Inc.; and 5 members,
598	to be appointed by the Governor, consisting of 2 sheriffs, 2
599	police chiefs, and 1 clerk of the circuit court.
600	Section 34.  Section 944.012, Florida Statutes, is amended
601	to read:
602	944.012  Legislative intent.--The Legislature hereby finds
603	and declares that:
604	(1)  Florida spends each year in excess of $60 million for
605	its state correctional system, but Florida citizens have not
606	received a fair return on that investment. Florida correctional
607	institutions have contributed little to the reduction of crime.
608	To the contrary, crime rates continue to rise; recidivism rates
609	are notoriously high; and large prisons have for the most part
610	become schools for crime, making successful reintegration into
611	the community unlikely.
612	(2)  It is clear that major changes in correctional methods
613	are required. It is essential to abate the use of large
614	institutions and continue the development of community-based
615	corrections; to equip judges with more effective evaluative
616	tools to deal with the criminal offender; and to provide
617	alternatives to institutionalization, including the availability
618	of probationers' residences and community correctional centers.
619	(1)(3)  One of the chief factors contributing to the high
620	recidivism rate in the state is the general inability of ex-
621	offenders to find or keep meaningful employment. Since Although
622	90 percent of all offenders sent to prison return to society one
623	day, the correctional system should, within available resources,
624	equip the offender has done little to provide the offender with
625	the academic and vocational skills that the offender needs to
626	return to society as a productive citizen. This failure
627	virtually guarantees the probability of return to crime.
628	Vocational training and assistance in job placement must be
629	looked to on a priority basis as an integral part of the process
630	of changing deviant behavior in the institutionalized offender,
631	when such change is determined to be possible.
632	(4)  These changes must not be made out of sympathy for the
633	criminal or out of disregard of the threat of crime to society.
634	They must be made precisely because that threat is too serious
635	to be countered by ineffective methods.
636	(2)(5)  In order to make the correctional system an
637	efficient and effective mechanism, the various agencies involved
638	in the correctional process must coordinate their efforts. Where
639	possible, interagency offices should be physically located
640	within major institutions and should include representatives of
641	the Agency for Workforce Innovation Florida State Employment
642	Service, and the vocational rehabilitation programs of the
643	Department of Education, and the Parole Commission. Duplicative
644	and unnecessary methods of evaluating offenders must be
645	eliminated and areas of responsibility consolidated in order to
646	more economically utilize present scarce resources.
647	(3)(6)  It is the intent of the Legislature:
648	(a)  To provide a mechanism for the early identification,
649	evaluation, and treatment of behavioral disorders of adult
650	offenders coming into contact with the correctional system.
651	(b)  To separate dangerous or repeat offenders from
652	nondangerous offenders, who have potential for rehabilitation,
653	and place dangerous offenders in secure and manageable
654	institutions.
655	(c)  When possible, to divert from expensive institutional
656	commitment those individuals who, by virtue of professional
657	diagnosis and evaluation, can be placed in less costly and more
658	effective environments and programs better suited for their
659	rehabilitation and the protection of society.
660	(d)  To make available to those offenders who are capable
661	of rehabilitation the job training and job placement assistance
662	they need to build meaningful and productive lives when they
663	return to the community.
664	(e)  To provide intensive and meaningful supervision for
665	those on probation so that the condition or situation which
666	caused the person to commit the crime is corrected.
667	Section 35.  Section 944.02, Florida Statutes, is amended
668	to read:
669	944.02  Definitions.--The following words and phrases used
670	in this chapter shall, unless the context clearly indicates
671	otherwise, have the following meanings:
672	(1)  "Commission" means the Parole Commission.
673	(1)(2)  "Correctional system" means all prisons and other
674	state correctional institutions now existing or hereafter
675	created under the jurisdiction of the Department of Corrections.
676	(2)(3)  "Department" means the Department of Corrections.
677	(3)(4)  "Elderly offender" means a prisoner age 50 or older
678	in a state correctional institution or facility operated by the
679	Department of Corrections or the Department of Management
680	Services.
681	(4)(5)  "Lease-purchase agreement" means an installment
682	sales contract which requires regular payments with an interest
683	charge included and which provides that the lessee receive title
684	to the property upon final payment.
685	(5)(6)  "Prisoner" means any person who is under civil or
686	criminal arrest and in the lawful custody of any law enforcement
687	official, or any person committed to or detained in any
688	municipal or county jail or state prison, prison farm, or
689	penitentiary, or to the custody of the department pursuant to
690	lawful authority.
691	(6)  "Regional parole board" means a regional parole board
692	established pursuant to s. 20.32.
693	(7)  "Secretary" means the Secretary of Corrections.
694	(8)  "State correctional institution" means any prison,
695	road camp, prison industry, prison forestry camp, or any prison
696	camp or prison farm or other correctional facility, temporary or
697	permanent, in which prisoners are housed, worked, or maintained,
698	under the custody and jurisdiction of the department.
699	Section 36.  Subsection (5) of section 944.024, Florida
700	Statutes, is amended to read:
701	944.024  Adult intake and evaluation.--The state system of
702	adult intake and evaluation shall include:
703	(5)  The performance of postsentence intake by the
704	department. Any physical facility established by the department
705	for the intake and evaluation process prior to the offender's
706	entry into the correctional system shall provide for specific
707	office and work areas for the staff assisting any regional
708	parole board of the commission. The purpose of such a physical
709	center shall be to combine in one place as many of the
710	rehabilitation-related functions as possible, including pretrial
711	and posttrial evaluation, parole and probation services,
712	vocational rehabilitation services, family assistance services
713	of the Department of Children and Family Services, and all other
714	rehabilitative and correctional services dealing with the
715	offender.
716	Section 37.  Section 944.23, Florida Statutes, is amended
717	to read:
718	944.23  Persons authorized to visit state prisons.--The
719	following persons shall be authorized to visit at their pleasure
720	all state correctional institutions: The Governor, all Cabinet
721	members, members of the Legislature, judges of state courts,
722	state attorneys, and public defenders, and authorized
723	representatives of the commission. No other person not otherwise
724	authorized by law shall be permitted to enter a state
725	correctional institution except under such regulations as the
726	department may prescribe. Permission shall not be unreasonably
727	withheld from those who give sufficient evidence to the
728	department that they are bona fide reporters or writers.
729	Section 38.  Subsection (2) of section 944.291, Florida
730	Statutes, is amended to read:
731	944.291  Prisoner released by reason of gain-time
732	allowances or attainment of provisional release date.--
733	(2)  Any prisoner who is convicted of a crime committed on
734	or after October 1, 1988, which crime is contained in category
735	1, category 2, category 3, or category 4 of Rule 3.701 and Rule
736	3.988, Florida Rules of Criminal Procedure, and who has served
737	at least one prior felony commitment at a state or federal
738	correctional institution, or is sentenced as a habitual or
739	violent habitual offender pursuant to s. 775.084, may only be
740	released under conditional release supervision as described in
741	chapter 947. Not fewer than 90 days prior to the tentative
742	release date or provisional release date, whichever is earlier,
743	the department shall provide the original sentencing court
744	commission with the name and inmate identification number for
745	each eligible inmate.
746	Section 39.  Paragraph (b) of subsection (2) of section
747	944.4731, Florida Statutes, is amended to read:
748	944.4731  Addiction-Recovery Supervision Program.--
749	(2)
750	(b)  An offender released under addiction-recovery
751	supervision shall be subject to specified terms and conditions,
752	including payment of the costs of supervision under s. 948.09
753	and any other court-ordered payments, such as child support and
754	restitution. If an offender has received a term of probation or
755	community control to be served after release from incarceration,
756	the period of probation or community control may not be
757	substituted for addiction-recovery supervision and shall follow
758	the term of addiction-recovery supervision. The original
759	sentencing court A panel of not fewer than two parole
760	commissioners shall establish the terms and conditions of
761	supervision, and the terms and conditions must be included in
762	the supervision order. In setting the terms and conditions of
763	supervision, the court parole commission shall weigh heavily the
764	program requirements, including, but not limited to, work at
765	paid employment while participating in treatment and traveling
766	restrictions. The court commission shall also determine whether
767	an offender violates the terms and conditions of supervision and
768	whether a violation warrants revocation of addiction-recovery
769	supervision pursuant to s. 947.141. The court parole commission
770	shall review the offender's record for the purpose of
771	establishing the terms and conditions of supervision. The court
772	parole commission may impose any special conditions it considers
773	warranted from its review of the record. The length of
774	supervision may not exceed the maximum penalty imposed by the
775	court.
776	Section 40.  Paragraph (b) of subsection (1) and paragraph
777	(b) of subsection (6) of section 945.091, Florida Statutes, are
778	amended to read:
779	945.091  Extension of the limits of confinement;
780	restitution by employed inmates.--
781	(1)  The department may adopt rules permitting the
782	extension of the limits of the place of confinement of an inmate
783	as to whom there is reasonable cause to believe that the inmate
784	will honor his or her trust by authorizing the inmate, under
785	prescribed conditions and following investigation and approval
786	by the secretary, or the secretary's designee, who shall
787	maintain a written record of such action, to leave the confines
788	of that place unaccompanied by a custodial agent for a
789	prescribed period of time to:
790	(b)  Work at paid employment, participate in an education
791	or a training program, or voluntarily serve a public or
792	nonprofit agency or faith-based service group in the community,
793	while continuing as an inmate of the institution or facility in
794	which the inmate is confined, except during the hours of his or
795	her employment, education, training, or service and traveling
796	thereto and therefrom. An inmate may travel to and from his or
797	her place of employment, education, or training only by means of
798	walking, bicycling, or using public transportation or
799	transportation that is provided by a family member or employer.
800	Contingent upon specific appropriations, the department may
801	transport an inmate in a state-owned vehicle if the inmate is
802	unable to obtain other means of travel to his or her place of
803	employment, education, or training.
804	1.  An inmate may participate in paid employment only
805	during the last 36 months of his or her confinement, unless
806	sooner requested by the regional parole board having
807	jurisdiction Parole Commission or the Control Release Authority.
808	2.  While working at paid employment and residing in the
809	facility, an inmate may apply for placement at a contracted
810	substance abuse transition housing program. The transition
811	assistance specialist shall inform the inmate of program
812	availability and assess the inmate's need and suitability for
813	transition housing assistance. If an inmate is approved for
814	placement, the specialist shall assist the inmate. If an inmate
815	requests and is approved for placement in a contracted faith-
816	based substance abuse transition housing program, the specialist
817	must consult with the chaplain prior to such placement. The
818	department shall ensure that an inmate's faith orientation, or
819	lack thereof, will not be considered in determining admission to
820	a faith-based program and that the program does not attempt to
821	convert an inmate toward a particular faith or religious
822	preference.
823	(6)
824	(b)  An offender who is required to provide restitution or
825	reparation may petition the circuit court to amend the amount of
826	restitution or reparation required or to revise the schedule of
827	repayment established by the department, a regional parole
828	board, or the Parole Commission.
829	Section 41.  Paragraph (d) of subsection (1), paragraphs
830	(a) and (b) of subsection (2), and subsection (5) of section
831	945.10, Florida Statutes, are amended to read:
832	945.10  Confidential information.--
833	(1)  Except as otherwise provided by law or in this
834	section, the following records and information held by the
835	Department of Corrections are confidential and exempt from the
836	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
837	Constitution:
838	(d)  Parole Commission Records of a regional parole board
839	that which are confidential or exempt from public disclosure by
840	law.
841	(2)  The records and information specified in paragraphs
842	(1)(a)-(h) may be released as follows unless expressly
843	prohibited by federal law:
844	(a)  Information specified in paragraphs (1)(b), (d), and
845	(f) to the Office of the Governor, the Legislature, a regional
846	parole board the Parole Commission, the Department of Children
847	and Family Services, a private correctional facility or program
848	that operates under a contract, the Department of Legal Affairs,
849	a state attorney, the court, or a law enforcement agency. A
850	request for records or information pursuant to this paragraph
851	need not be in writing.
852	(b)  Information specified in paragraphs (1)(c), (e), and
853	(h) to the Office of the Governor, the Legislature, a regional
854	parole board the Parole Commission, the Department of Children
855	and Family Services, a private correctional facility or program
856	that operates under contract, the Department of Legal Affairs, a
857	state attorney, the court, or a law enforcement agency. A
858	request for records or information pursuant to this paragraph
859	must be in writing and a statement provided demonstrating a need
860	for the records or information.
861
862	Records and information released under this subsection remain
863	confidential and exempt from the provisions of s. 119.07(1) and
864	s. 24(a), Art. I of the State Constitution when held by the
865	receiving person or entity.
866	(5)  The Department of Corrections and the regional parole
867	board Parole Commission shall mutually cooperate with respect to
868	maintaining the confidentiality of records that are exempt from
869	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
870	Constitution.
871	Section 42.  Subsection (3) of section 945.47, Florida
872	Statutes, is amended to read:
873	945.47  Discharge of inmate from mental health treatment.--
874	(3)  At any time that an inmate who has received mental
875	health treatment while in the custody of the department becomes
876	eligible for release on parole, a complete record of the
877	inmate's treatment shall be provided to the regional parole
878	board having jurisdiction Parole Commission and to the
879	Department of Children and Family Services. The record shall
880	include, at least, the inmate's diagnosis, length of stay in
881	treatment, clinical history, prognosis, prescribed medication,
882	and treatment plan and recommendations for aftercare services.
883	In the event that the inmate is released on parole, the record
884	shall be provided to the parole officer who shall assist the
885	inmate in applying for services from a professional or an agency
886	in the community. The application for treatment and continuation
887	of treatment by the inmate may be made a condition of parole, as
888	provided in s. 947.19(1); and a failure to participate in
889	prescribed treatment may be a basis for initiation of parole
890	violation hearings.
891	Section 43.  Subsection (6) of section 945.73, Florida
892	Statutes, is amended to read:
893	945.73  Inmate training program operation.--
894	(6)  The department shall work cooperatively with the
895	Control Release Authority, the regional parole board Florida
896	Parole Commission, or such other authority as may exist or be
897	established in the future that which is empowered by law to
898	effect the release of an inmate who has successfully completed
899	the requirements established by ss. 945.71-945.74.
900	Section 44.  Subsections (3), (4), and (5) of section
901	947.002, Florida Statutes, are amended to read:
902	947.002  Intent.--
903	(3)  The chair shall be the agency head. While the
904	commission is responsible for making decisions on the granting
905	and revoking of parole, the chair shall establish, execute, and
906	be held accountable for all administrative policy decisions. The
907	routine administrative decisions are the full responsibility of
908	the chair.
909	(4)  Hearing examiners are assigned on the basis of
910	caseload needs as determined by the chair.
911	(3)(5)  It is the intent of the Legislature that the
912	decision to parole an inmate from the incarceration portion of
913	the inmate's sentence is an act of grace of the state and shall
914	not be considered a right.
915	Section 45.  Subsection (1) of section 947.005, Florida
916	Statutes, is amended to read:
917	947.005  Definitions.--As used in this chapter, unless the
918	context clearly indicates otherwise:
919	(1)  "Regional parole board" means a regional parole board
920	established pursuant to 20.32 "Commission" means the Parole
921	Commission.
922	Section 46.  Subsections (1) through (4) of section 947.02,
923	Florida Statutes, are amended, and subsection (6) is added to
924	said section, read:
925	947.02  Regional parole boards Parole Commission; members,
926	appointment.--
927	(1)  Except as provided in s. 947.021, the members of each
928	regional parole board the Parole Commission shall be appointed
929	by the Governor and Cabinet from a list of eligible applicants
930	submitted by a parole qualifications committee. The appointments
931	of members of the commission shall be certified to the Senate by
932	the Governor and Cabinet for confirmation, and the membership of
933	the commission shall include representation from minority
934	persons as defined in s. 288.703.
935	(2)  A parole qualifications committee shall consist of
936	five persons who are appointed by the Governor and Cabinet. One
937	member shall be designated as chair by the Governor and Cabinet.
938	The committee shall provide for statewide advertisement
939	throughout the region and the receiving of applications for any
940	position or positions on the commission and shall devise a plan
941	for the determination of the qualifications of the applicants by
942	investigations and comprehensive evaluations, including, but not
943	limited to, investigation and evaluation of the character,
944	habits, and philosophy of each applicant. Each parole
945	qualifications committee shall exist for 2 years. If additional
946	vacancies on a regional parole board the commission occur during
947	this 2-year period, the committee may advertise and accept
948	additional applications; however, all previously submitted
949	applications shall be considered along with the new applications
950	according to the previously established plan for the evaluation
951	of the qualifications of applicants.
952	(3)  Within 90 days before an anticipated vacancy by
953	expiration of term pursuant to s. 947.03 or upon any other
954	vacancy, the Governor and Cabinet shall appoint a parole
955	qualifications committee if one has not been appointed during
956	the previous 2 years. The committee shall consider applications
957	for the board vacancy commission seat, including the application
958	of an incumbent board member commissioner if he or she applies,
959	according to the provisions of subsection (2). The committee
960	shall submit a list of three eligible applicants, which may
961	include the incumbent if the committee so decides, without
962	recommendation, to the Governor and Cabinet for appointment to
963	the board commission. In the case of an unexpired term, the
964	appointment must be for the remainder of the unexpired term and
965	until a successor is appointed and qualified. If more than one
966	seat is vacant, the committee shall submit a list of eligible
967	applicants, without recommendation, containing a number of names
968	equal to three times the number of vacant seats; however, the
969	names submitted shall not be distinguished by seat, and each
970	submitted applicant shall be considered eligible for each
971	vacancy.
972	(4)  Upon receiving a list of eligible persons from the
973	parole qualifications committee, the Governor and Cabinet may
974	reject the list. If the list is rejected, the committee shall
975	reinitiate the application and examination procedure according
976	to the provisions of subsection (2).
977	(6)  Members of the regional parole boards shall be
978	volunteers and shall not receive compensation for their
979	services. They shall, however, receive reimbursement for travel
980	expenses and other expenses incurred in carrying out their
981	official responsibilities as provided in s. 112.061.
982	Section 47.  Section 947.021, Florida Statutes, is amended
983	to read:
984	947.021  Regional parole boards Parole Commission;
985	expedited appointments.--Whenever the Legislature decreases the
986	membership of the regional parole boards commission, all terms
987	of office shall expire, notwithstanding any law to the contrary.
988	Under such circumstances, the Governor and Cabinet shall
989	expedite the appointment of commissioners. Notwithstanding the
990	parole qualifications committee procedure in s. 947.02, members
991	shall be directly appointed by the Governor and Cabinet. Members
992	appointed to the boards commission may be selected from
993	incumbents. Members shall be certified to the Senate by the
994	Governor and Cabinet for confirmation, and the membership of the
995	commission shall include representation from minority persons as
996	defined in s. 288.703.
997	Section 48.  Subsections (2) through (7) and subsection (9)
998	of section 947.1405, Florida Statutes, are amended to read:
999	947.1405  Conditional release program.--
1000	(2)  Any inmate who:
1001	(a)  Is convicted of a crime committed on or after October
1002	1, 1988, and before January 1, 1994, and any inmate who is
1003	convicted of a crime committed on or after January 1, 1994,
1004	which crime is or was contained in category 1, category 2,
1005	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
1006	Rules of Criminal Procedure (1993), and who has served at least
1007	one prior felony commitment at a state or federal correctional
1008	institution;
1009	(b)  Is sentenced as a habitual or violent habitual
1010	offender or a violent career criminal pursuant to s. 775.084; or
1011	(c)  Is found to be a sexual predator under s. 775.21 or
1012	former s. 775.23,
1013
1014	shall, upon reaching the tentative release date or provisional
1015	release date, whichever is earlier, as established by the
1016	Department of Corrections, be released under supervision subject
1017	to specified terms and conditions, including payment of the cost
1018	of supervision pursuant to s. 948.09. Such supervision shall be
1019	applicable to all sentences within the overall term of sentences
1020	if an inmate's overall term of sentences includes one or more
1021	sentences that are eligible for conditional release supervision
1022	as provided herein. Effective July 1, 1994, and applicable for
1023	offenses committed on or after that date, the sentencing court
1024	commission may require, as a condition of conditional release,
1025	that the releasee make payment of the debt due and owing to a
1026	county or municipal detention facility under s. 951.032 for
1027	medical care, treatment, hospitalization, or transportation
1028	received by the releasee while in that detention facility. The
1029	court commission, in determining whether to order such repayment
1030	and the amount of such repayment, shall consider the amount of
1031	the debt, whether there was any fault of the institution for the
1032	medical expenses incurred, the financial resources of the
1033	releasee, the present and potential future financial needs and
1034	earning ability of the releasee, and dependents, and other
1035	appropriate factors. If Any inmate placed on conditional release
1036	supervision shall be supervised by is also subject to probation
1037	or community control, resulting from a probationary or community
1038	control split sentence within the overall term of sentences, the
1039	Department of Corrections which shall supervise such person
1040	according to the conditions imposed by the court and the
1041	commission shall defer to such supervision. If the court revokes
1042	probation or community control and resentences the offender to a
1043	term of incarceration, such revocation also constitutes a
1044	sufficient basis for the revocation of the conditional release
1045	supervision on any nonprobationary or noncommunity control
1046	sentence without further hearing by the commission. If any such
1047	supervision on any nonprobationary or noncommunity control
1048	sentence is revoked, such revocation may result in a forfeiture
1049	of all gain-time, and the court commission may revoke the
1050	resulting deferred conditional release supervision or take other
1051	action it considers appropriate. If the term of conditional
1052	release supervision exceeds that of the probation or community
1053	control, then, upon expiration of the probation or community
1054	control, authority for the supervision shall revert to the
1055	commission and the supervision shall be subject to the
1056	conditions of conditional release imposed by the court
1057	commission. The original sentencing court A panel of no fewer
1058	than two commissioners shall establish the terms and conditions
1059	of conditional release at the time of initial sentencing or
1060	prior to release of the inmate if terms and conditions were not
1061	established at the initial sentencing any such release. The
1062	court may alter the original terms of conditional release at any
1063	time based on any additional information that may become
1064	available. If the offense was a controlled substance violation,
1065	the conditions shall include a requirement that the offender
1066	submit to random substance abuse testing intermittently
1067	throughout the term of conditional release supervision, upon the
1068	direction of the correctional probation officer as defined in s.
1069	943.10(3). The court commission shall also determine whether the
1070	terms and conditions of such release have been violated and
1071	whether such violation warrants revocation of the conditional
1072	release.
1073	(3)  As part of the conditional release process, the court
1074	commission, through review and consideration of information
1075	provided by the state attorney, victim, and department, shall
1076	determine:
1077	(a)  The amount of reparation or restitution.
1078	(b)  The consequences of the offense as reported by the
1079	aggrieved party.
1080	(c)  The aggrieved party's fear of the inmate or concerns
1081	about the release of the inmate.
1082	(4)  The department commission shall provide to the
1083	aggrieved party information regarding the manner in which notice
1084	of any developments concerning the status of the inmate during
1085	the term of conditional release may be requested.
1086	(5)  Within 180 days prior to the tentative release date or
1087	provisional release date, whichever is earlier, a representative
1088	of the department shall review the inmate's program
1089	participation, disciplinary record, psychological and medical
1090	records, criminal records, and any other information pertinent
1091	to the impending release and shall provide this information to
1092	the original sentencing court. The department shall gather and
1093	compile information necessary for the commission to make the
1094	determinations set forth in subsection (3). This shall include
1095	information developed during A department representative shall
1096	conduct a personal interview with the inmate for the purpose of
1097	determining the details of the inmate's release plan, including
1098	the inmate's planned residence and employment. The department
1099	representative shall forward the inmate's release plan to the
1100	court commission and recommend terms and conditions of
1101	conditional release or any modifications to the original
1102	commission the terms and conditions of the conditional release
1103	established by the court.
1104	(6)  The court commission shall review the recommendations
1105	of the department, and such other information as it deems
1106	relevant, and may conduct a review of the inmate's record for
1107	the purpose of modifying or establishing the terms and
1108	conditions of the conditional release. The court commission may
1109	impose any special conditions it considers warranted from its
1110	review of the release plan and recommendation. If the court
1111	commission determines that the inmate is eligible for release
1112	under this section, it the commission shall enter an order
1113	establishing the length of supervision and the conditions
1114	attendant thereto. However, an inmate who has been convicted of
1115	a violation of chapter 794 or found by the court to be a sexual
1116	predator is subject to the maximum level of supervision
1117	provided, with the mandatory conditions as required in
1118	subsection (7), and that supervision shall continue through the
1119	end of the releasee's original court-imposed sentence. The
1120	length of supervision must not exceed the maximum penalty
1121	imposed by the court.
1122	(7)(a)  Any inmate who is convicted of a crime committed on
1123	or after October 1, 1995, or who has been previously convicted
1124	of a crime committed on or after October 1, 1995, in violation
1125	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
1126	subject to conditional release supervision, shall have, in
1127	addition to any other conditions imposed, the following special
1128	conditions imposed by the commission:
1129	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court
1130	commission may designate another 8-hour period if the offender's
1131	employment precludes the above specified time, and such
1132	alternative is recommended by the Department of Corrections. If
1133	the court commission determines that imposing a curfew would
1134	endanger the victim, the commission may consider alternative
1135	sanctions.
1136	2.  If the victim was under the age of 18, a prohibition on
1137	living within 1,000 feet of a school, day care center, park,
1138	playground, designated public school bus stop, or other place
1139	where children regularly congregate. A releasee who is subject
1140	to this subparagraph may not relocate to a residence that is
1141	within 1,000 feet of a public school bus stop. Beginning October
1142	1, 2004, the commission or the department may not approve a
1143	residence that is located within 1,000 feet of a school, day
1144	care center, park, playground, designated school bus stop, or
1145	other place where children regularly congregate for any releasee
1146	who is subject to this subparagraph. On October 1, 2004, the
1147	department shall notify each affected school district of the
1148	location of the residence of a releasee 30 days prior to release
1149	and thereafter, if the releasee relocates to a new residence,
1150	shall notify any affected school district of the residence of
1151	the releasee within 30 days after relocation. If, on October 1,
1152	2004, any public school bus stop is located within 1,000 feet of
1153	the existing residence of such releasee, the district school
1154	board shall relocate that school bus stop. Beginning October 1,
1155	2004, a district school board may not establish or relocate a
1156	public school bus stop within 1,000 feet of the residence of a
1157	releasee who is subject to this subparagraph. The failure of the
1158	district school board to comply with this subparagraph shall not
1159	result in a violation of conditional release supervision.
1160	3.  Active participation in and successful completion of a
1161	sex offender treatment program with therapists specifically
1162	trained to treat sex offenders, at the releasee's own expense.
1163	If a specially trained therapist is not available within a 50-
1164	mile radius of the releasee's residence, the offender shall
1165	participate in other appropriate therapy.
1166	4.  A prohibition on any contact with the victim, directly
1167	or indirectly, including through a third person, unless approved
1168	by the victim, the offender's therapist, and the sentencing
1169	court.
1170	5.  If the victim was under the age of 18, a prohibition
1171	against direct contact or association with children under the
1172	age of 18 until all of the following conditions are met:
1173	a.  Successful completion of a sex offender treatment
1174	program.
1175	b.  The adult person who is legally responsible for the
1176	welfare of the child has been advised of the nature of the
1177	crime.
1178	c.  Such adult person is present during all contact or
1179	association with the child.
1180	d.  Such adult person has been approved by the commission.
1181	6.  If the victim was under age 18, a prohibition on
1182	working for pay or as a volunteer at any school, day care
1183	center, park, playground, or other place where children
1184	regularly congregate, as prescribed by the commission.
1185	7.  Unless otherwise indicated in the treatment plan
1186	provided by the sexual offender treatment program, a prohibition
1187	on viewing, owning, or possessing any obscene, pornographic, or
1188	sexually stimulating visual or auditory material, including
1189	telephone, electronic media, computer programs, or computer
1190	services that are relevant to the offender's deviant behavior
1191	pattern.
1192	8.  A requirement that the releasee must submit two
1193	specimens of blood to the Florida Department of Law Enforcement
1194	to be registered with the DNA database.
1195	9.  A requirement that the releasee make restitution to the
1196	victim, as determined by the sentencing court or the commission,
1197	for all necessary medical and related professional services
1198	relating to physical, psychiatric, and psychological care.
1199	10.  Submission to a warrantless search by the community
1200	control or probation officer of the probationer's or community
1201	controllee's person, residence, or vehicle.
1202	(b)  For a releasee whose crime was committed on or after
1203	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1204	827.071, or s. 847.0145, and who is subject to conditional
1205	release supervision, in addition to any other provision of this
1206	subsection, the commission shall impose the following additional
1207	conditions of conditional release supervision are hereby
1208	imposed:
1209	1.  As part of a treatment program, participation in a
1210	minimum of one annual polygraph examination to obtain
1211	information necessary for risk management and treatment and to
1212	reduce the sex offender's denial mechanisms. The polygraph
1213	examination must be conducted by a polygrapher trained
1214	specifically in the use of the polygraph for the monitoring of
1215	sex offenders, where available, and at the expense of the sex
1216	offender. The results of the polygraph examination shall not be
1217	used as evidence in a hearing to prove that a violation of
1218	supervision has occurred.
1219	2.  Maintenance of a driving log and a prohibition against
1220	driving a motor vehicle alone without the prior approval of the
1221	supervising officer.
1222	3.  A prohibition against obtaining or using a post office
1223	box without the prior approval of the supervising officer.
1224	4.  If there was sexual contact, a submission to, at the
1225	probationer's or community controllee's expense, an HIV test
1226	with the results to be released to the victim or the victim's
1227	parent or guardian.
1228	5.  Electronic monitoring of any form when ordered by the
1229	commission.
1230	(9)  The department commission shall adopt rules pursuant
1231	to ss. 120.536(1) and 120.54 necessary to implement the
1232	provisions of the Conditional Release Program Act.
1233	Section 49.  Section 947.141, Florida Statutes, is amended
1234	to read:
1235	947.141  Violations of conditional release, control
1236	release, or conditional medical release or addiction-recovery
1237	supervision.--
1238	(1)  If a member of the court commission or a duly
1239	authorized representative of the commission has reasonable
1240	grounds to believe that an offender who is on release
1241	supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
1242	944.4731 has violated the terms and conditions of the release in
1243	a material respect, the court such member or representative may
1244	cause a warrant to be issued for the arrest of the releasee; if
1245	the offender was found to be a sexual predator, the warrant must
1246	be issued.
1247	(2)  Upon the arrest on a felony charge of an offender who
1248	is on release supervision under s. 947.1405, s. 947.146, s.
1249	947.149, or s. 944.4731, the offender must be detained without
1250	bond until the initial appearance of the offender at which a
1251	judicial determination of probable cause is made. If the trial
1252	court judge determines that there was no probable cause for the
1253	arrest, the offender may be released. If the trial court judge
1254	determines that there was probable cause for the arrest, such
1255	determination also constitutes reasonable grounds to believe
1256	that the offender violated the conditions of the release. Within
1257	24 hours after the trial court judge's finding of probable
1258	cause, the detention facility administrator or designee shall
1259	notify the commission and the department of the finding and
1260	transmit to each a facsimile copy of the probable cause
1261	affidavit or the sworn offense report upon which the trial court
1262	judge's probable cause determination is based. The offender must
1263	continue to be detained without bond for a period not exceeding
1264	72 hours excluding weekends and holidays after the date of the
1265	probable cause determination, pending a decision by the court
1266	commission whether to issue a warrant charging the offender with
1267	violation of the conditions of release. Upon the issuance of the
1268	court's commission's warrant, the offender must continue to be
1269	held in custody pending a revocation hearing held in accordance
1270	with this section.
1271	(3)  Within 45 days after notice to the Parole Commission
1272	of the arrest of a releasee charged with a violation of the
1273	terms and conditions of conditional release, control release,
1274	conditional medical release, or addiction-recovery supervision,
1275	the releasee must be afforded a hearing conducted by a judge
1276	commissioner or a duly authorized representative thereof. If the
1277	releasee elects to proceed with a hearing, the releasee must be
1278	informed orally and in writing of the following:
1279	(a)  The alleged violation with which the releasee is
1280	charged.
1281	(b)  The releasee's right to be represented by counsel.
1282	(c)  The releasee's right to be heard in person.
1283	(d)  The releasee's right to secure, present, and compel
1284	the attendance of witnesses relevant to the proceeding.
1285	(e)  The releasee's right to produce documents on the
1286	releasee's own behalf.
1287	(f)  The releasee's right of access to all evidence used
1288	against the releasee and to confront and cross-examine adverse
1289	witnesses.
1290	(g)  The releasee's right to waive the hearing.
1291	(4)  Within a reasonable time following the hearing, the
1292	judge commissioner or the judge's commissioner's duly authorized
1293	representative who conducted the hearing shall make findings of
1294	fact in regard to the alleged violation. The judge A panel of no
1295	fewer than two commissioners shall enter an order determining
1296	whether the charge of violation of conditional release, control
1297	release, conditional medical release, or addiction-recovery
1298	supervision has been sustained based upon his or her the
1299	findings of fact or by the findings of the duly presented by the
1300	hearing commissioner or authorized representative. By such
1301	order, the court panel may revoke conditional release, control
1302	release, conditional medical release, or addiction-recovery
1303	supervision and thereby return the releasee to prison to serve
1304	the sentence imposed, reinstate the original order granting the
1305	release, or enter such other order as it considers proper.
1306	Effective for inmates whose offenses were committed on or after
1307	July 1, 1995, the court panel may order the placement of a
1308	releasee, upon a finding of violation pursuant to this
1309	subsection, into a local detention facility as a condition of
1310	supervision.
1311	(5)  Effective for inmates whose offenses were committed on
1312	or after July 1, 1995, notwithstanding the provisions of ss.
1313	775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
1314	951.23, or any other law to the contrary, by such order as
1315	provided in subsection (4), the court panel, upon a finding of
1316	guilt, may, as a condition of continued supervision, place the
1317	releasee in a local detention facility for a period of
1318	incarceration not to exceed 22 months. Prior to the expiration
1319	of the term of incarceration, or upon recommendation of the
1320	chief correctional officer of that county, the court commission
1321	shall cause inquiry into the inmate's release plan and custody
1322	status in the detention facility and consider whether to restore
1323	the inmate to supervision, modify the conditions of supervision,
1324	or enter an order of revocation, thereby causing the return of
1325	the inmate to prison to serve the sentence imposed. The
1326	provisions of this section do not prohibit the court panel from
1327	entering such other order or conducting any investigation that
1328	it deems proper. The court commission may only place a person in
1329	a local detention facility pursuant to this section if there is
1330	a contractual agreement between the chief correctional officer
1331	of that county and the Department of Corrections. The agreement
1332	must provide for a per diem reimbursement for each person placed
1333	under this section, which is payable by the Department of
1334	Corrections for the duration of the offender's placement in the
1335	facility. This section does not limit the court's commission's
1336	ability to place a person in a local detention facility for less
1337	than 1 year.
1338	(6)  Whenever a conditional release, control release,
1339	conditional medical release, or addiction-recovery supervision
1340	is revoked as provided by this section by a panel of no fewer
1341	than two commissioners and the releasee is ordered to be
1342	returned to prison, the releasee, by reason of the misconduct,
1343	shall be deemed to have forfeited all gain-time or commutation
1344	of time for good conduct, as provided for by law, earned up to
1345	the date of release. However, if a conditional medical release
1346	is revoked due to the improved medical or physical condition of
1347	the releasee, the releasee shall not forfeit gain-time accrued
1348	before the date of conditional medical release. This subsection
1349	does not deprive the prisoner of the right to gain-time or
1350	commutation of time for good conduct, as provided by law, from
1351	the date of return to prison.
1352	(7)  If a law enforcement officer has probable cause to
1353	believe that an offender who is on release supervision under s.
1354	947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
1355	the terms and conditions of his or her release by committing a
1356	felony offense, the officer shall arrest the offender without a
1357	warrant, and a warrant need not be issued in the case.
1358	Section 50.  Subsection (1) and paragraph (b) of subsection
1359	(7) of section 947.146, Florida Statutes, are amended to read:
1360	947.146  Control Release Authority.--
1361	(1)  There may be is created a Control Release Authority to
1362	be administratively housed within the Department of Corrections
1363	which shall be composed of five the members appointed by the
1364	Governor who shall also designate the chair of the Parole
1365	Commission and which shall have the same chair as the
1366	commission. The authority shall use utilize such commission
1367	staff from the Department of Corrections as it determines is
1368	necessary to carry out its purposes.
1369	(7)  The authority has the power and duty to:
1370	(b)  Authorize an individual member of the authority
1371	commissioner to postpone a control release date for not more
1372	than 60 days without a hearing for any inmate who has become the
1373	subject of a disciplinary proceeding, a criminal arrest, an
1374	information, or an indictment; who has been terminated from work
1375	release; or about whom there is any recently discovered
1376	information as specified in paragraph (a).
1377	Section 51.  Section 947.181, Florida Statutes, is amended
1378	to read:
1379	947.181  Victim restitution as condition of parole.--
1380	(1)(a)  The regional parole boards Parole Commission shall
1381	require as a condition of parole reparation or restitution to
1382	the aggrieved party for the damage or loss caused by the offense
1383	for which the parolee was imprisoned unless the commission finds
1384	reasons to the contrary. If a regional parole board the
1385	commission does not order restitution or orders only partial
1386	restitution, the board commission shall state on the record the
1387	reasons therefor. The amount of such reparation or restitution
1388	shall be determined by the regional parole board having
1389	jurisdiction Parole Commission.
1390	(b)  If the parolee fails to make the reparation or
1391	restitution to the aggrieved party as authorized in paragraph
1392	(a), it shall be considered by the court commission as a
1393	violation of parole as specified in s. 947.21 and may be cause
1394	for revocation of her or his parole.
1395	(2)  If a defendant is paroled, any restitution ordered
1396	under s. 775.089 shall be a condition of such parole. The court
1397	Parole Commission may revoke parole if the defendant fails to
1398	comply with such order. In determining whether to revoke parole,
1399	the court Parole Commission shall consider the defendant's
1400	employment status, earning ability, and financial resources; the
1401	willfulness of the defendant's failure to pay; and any other
1402	special circumstances that may have a bearing on the defendant's
1403	ability to pay.
1404	Section 52.  Section 947.185, Florida Statutes, is amended
1405	to read:
1406	947.185  Application for mental retardation services as
1407	condition of parole.--A regional parole board The Parole
1408	Commission may require as a condition of parole that any inmate
1409	who has been diagnosed as mentally retarded as defined in s.
1410	393.063 shall, upon release, apply for retardation services from
1411	the Department of Children and Family Services.
1412	Section 53.  Subsections (1) and (2) of section 947.22,
1413	Florida Statutes, are amended to read:
1414	947.22  Authority to arrest parole violators with or
1415	without warrant.--
1416	(1)  If a court member of the commission or a duly
1417	authorized representative of the commission has reasonable
1418	grounds to believe that a parolee has violated the terms and
1419	conditions of her or his parole in a material respect, it such
1420	member or representative may issue a warrant for the arrest of
1421	such parolee. The warrant shall be returnable before the court a
1422	member of the commission or a duly authorized representative of
1423	the commission. The court commission, a commissioner, or a
1424	parole examiner with approval of the parole examiner supervisor,
1425	may release the parolee on bail or her or his own recognizance,
1426	conditioned upon her or his appearance at any hearings noticed
1427	by the commission. If not released on bail or her or his own
1428	recognizance, the parolee shall be committed to jail pending
1429	hearings pursuant to s. 947.23. The commission, at its election,
1430	may have the hearing conducted by one or more commissioners or
1431	by a duly authorized representative of the commission. Any
1432	parole and probation officer, any officer authorized to serve
1433	criminal process, or any peace officer of this state is
1434	authorized to execute the warrant.
1435	(2)  Any parole and probation officer, when she or he has
1436	reasonable ground to believe that a parolee, control releasee,
1437	or conditional releasee has violated the terms and conditions of
1438	her or his parole, control release, or conditional release in a
1439	material respect, has the right to arrest the releasee or
1440	parolee without warrant and bring her or him forthwith before a
1441	court one or more commissioners or a duly authorized
1442	representative of the Parole Commission or Control Release
1443	Authority; and proceedings shall thereupon be had as provided
1444	herein when a warrant has been issued by a member of the
1445	commission or authority or a duly authorized representative of
1446	the commission or authority.
1447	Section 54.  Paragraph (a) of subsection (1) and
1448	subsections (3) and (6) of section 948.09, Florida Statutes, are
1449	amended to read:
1450	948.09  Payment for cost of supervision and
1451	rehabilitation.--
1452	(1)(a)1.  Any person ordered by the court or, the
1453	Department of Corrections, or the parole commission to be placed
1454	on probation, drug offender probation, community control,
1455	parole, control release, provisional release supervision,
1456	addiction-recovery supervision, or conditional release
1457	supervision under chapter 944, chapter 945, chapter 947, chapter
1458	948, or chapter 958, or in a pretrial intervention program,
1459	must, as a condition of any placement, pay the department a
1460	total sum of money equal to the total month or portion of a
1461	month of supervision times the court-ordered amount, but not to
1462	exceed the actual per diem cost of the supervision. The
1463	department shall adopt rules by which an offender who pays in
1464	full and in advance of regular termination of supervision may
1465	receive a reduction in the amount due. The rules shall
1466	incorporate provisions by which the offender's ability to pay is
1467	linked to an established written payment plan. Funds collected
1468	from felony offenders may be used to offset costs of the
1469	Department of Corrections associated with community supervision
1470	programs, subject to appropriation by the Legislature.
1471	2.  In addition to any other contribution or surcharge
1472	imposed by this section, each felony offender assessed under
1473	this paragraph shall pay a $2-per-month surcharge to the
1474	department. The surcharge shall be deemed to be paid only after
1475	the full amount of any monthly payment required by the
1476	established written payment plan has been collected by the
1477	department. These funds shall be used by the department to pay
1478	for correctional probation officers' training and equipment,
1479	including radios, and firearms training, firearms, and attendant
1480	equipment necessary to train and equip officers who choose to
1481	carry a concealed firearm while on duty. Nothing in this
1482	subparagraph shall be construed to limit the department's
1483	authority to determine who shall be authorized to carry a
1484	concealed firearm while on duty, or to limit the right of a
1485	correctional probation officer to carry a personal firearm
1486	approved by the department.
1487	(3)  Any failure to pay contribution as required under this
1488	section may constitute a ground for the revocation of probation,
1489	parole, or conditional release by the court, the revocation of
1490	parole or conditional release by the Parole Commission, the
1491	revocation of control release by the Control Release Authority,
1492	or removal from the pretrial intervention program by the state
1493	attorney. The Department of Corrections may exempt a person from
1494	the payment of all or any part of the contribution if it finds
1495	any of the following factors to exist:
1496	(a)  The offender has diligently attempted, but has been
1497	unable, to obtain employment which provides him or her
1498	sufficient income to make such payments.
1499	(b)  The offender is a student in a school, college,
1500	university, or course of career training designed to fit the
1501	student for gainful employment. Certification of such student
1502	status shall be supplied to the Secretary of Corrections by the
1503	educational institution in which the offender is enrolled.
1504	(c)  The offender has an employment handicap, as determined
1505	by a physical, psychological, or psychiatric examination
1506	acceptable to, or ordered by, the secretary.
1507	(d)  The offender's age prevents him or her from obtaining
1508	employment.
1509	(e)  The offender is responsible for the support of
1510	dependents, and the payment of such contribution constitutes an
1511	undue hardship on the offender.
1512	(f)  The offender has been transferred outside the state
1513	under an interstate compact adopted pursuant to chapter 949.
1514	(g)  There are other extenuating circumstances, as
1515	determined by the secretary.
1516	(6)  In addition to any other required contributions, the
1517	department, at its discretion, may require offenders under any
1518	form of supervision to submit to and pay for urinalysis testing
1519	to identify drug usage as part of the rehabilitation program.
1520	Any failure to make such payment, or participate, may be
1521	considered a ground for revocation by the court, the Parole
1522	Commission, or the Control Release Authority, or for removal
1523	from the pretrial intervention program by the state attorney.
1524	The department may exempt a person from such payment if it
1525	determines that any of the factors specified in subsection (3)
1526	exist.
1527	Section 55.  Subsection (1) of section 948.10, Florida
1528	Statutes, is amended to read:
1529	948.10  Community control programs.--
1530	(1)  The Department of Corrections shall develop and
1531	administer a community control program. Such community control
1532	program and required manuals shall be developed in consultation
1533	with the Florida Conference of Circuit Court Judges and the
1534	office of the State Courts Administrator. This complementary
1535	program shall be rigidly structured and designed to accommodate
1536	offenders who, in the absence of such a program, would have been
1537	incarcerated. The program shall focus on the provision of
1538	sanctions and consequences which are commensurate with the
1539	seriousness of the crime. The program shall offer the courts and
1540	the Parole Commission an alternative, community-based method to
1541	punish an offender in lieu of incarceration when the offender is
1542	a member of one of the following target groups:
1543	(a)  Probation violators charged with technical violations
1544	or misdemeanor violations.
1545	(b)  Parole violators charged with technical violations or
1546	misdemeanor violations.
1547	(c)  Individuals found guilty of felonies, who, due to
1548	their criminal backgrounds or the seriousness of the offenses,
1549	would not be placed on regular probation.
1550	Section 56.  Section 949.05, Florida Statutes, is amended
1551	to read:
1552	949.05  Constitutionality.--
1553	(1)  If any clause, sentence, paragraph, section, or part
1554	of chapters 947-949 shall for any reason be adjudged by any
1555	court of competent jurisdiction to be unconstitutional, invalid,
1556	or void, such judgment shall not affect, impair, or invalidate
1557	the remainder of the law, but shall be confined in its operation
1558	to the clause, sentence, paragraph, section, or part thereof
1559	directly involved in the controversy in which such judgment
1560	shall have been rendered.
1561	(2)  If the method of selecting the commission members as
1562	herein provided is found to be invalid by reason of the vesting
1563	of the appointing power in the Governor and the Cabinet, the
1564	members of the Parole Commission herein provided for shall be
1565	appointed by the Governor.
1566	Section 57.  Subsection (6) of section 957.06, Florida
1567	Statutes, is amended to read:
1568	957.06  Powers and duties not delegable to contractor.--A
1569	contract entered into under this chapter does not authorize,
1570	allow, or imply a delegation of authority to the contractor to:
1571	(6)  Make recommendations to a regional parole board the
1572	Parole Commission with respect to the denial or granting of
1573	parole, control release, conditional release, or conditional
1574	medical release. However, the contractor may submit written
1575	reports to a regional parole board the Parole Commission and
1576	must respond to a written request by a regional parole board the
1577	Parole Commission for information.
1578	Section 58.  Paragraph (c) of subsection (8) of section
1579	958.045, Florida Statutes, is amended to read:
1580	958.045  Youthful offender basic training program.--
1581	(8)
1582	(c)  The department shall work cooperatively with the
1583	Control Release Authority or the regional parole board having
1584	jurisdiction Parole Commission to effect the release of an
1585	offender who has successfully completed the requirements of the
1586	basic training program.
1587	Section 59.  Subsection (1) of section 960.001, Florida
1588	Statutes, is amended to read:
1589	960.001  Guidelines for fair treatment of victims and
1590	witnesses in the criminal justice and juvenile justice
1591	systems.--
1592	(1)  The Department of Legal Affairs, the state attorneys,
1593	the Department of Corrections, the Department of Juvenile
1594	Justice, the Parole Commission, the State Courts Administrator
1595	and circuit court administrators, the Department of Law
1596	Enforcement, and every sheriff's department, police department,
1597	or other law enforcement agency as defined in s. 943.10(4) shall
1598	develop and implement guidelines for the use of their respective
1599	agencies, which guidelines are consistent with the purposes of
1600	this act and s. 16(b), Art. I of the State Constitution and are
1601	designed to implement the provisions of s. 16(b), Art. I of the
1602	State Constitution and to achieve the following objectives:
1603	(a)  Information concerning services available to victims
1604	of adult and juvenile crime.--As provided in s. 27.0065, state
1605	attorneys and public defenders shall gather information
1606	regarding the following services in the geographic boundaries of
1607	their respective circuits and shall provide such information to
1608	each law enforcement agency with jurisdiction within such
1609	geographic boundaries. Law enforcement personnel shall ensure,
1610	through distribution of a victim's rights information card or
1611	brochure at the crime scene, during the criminal investigation,
1612	and in any other appropriate manner, that victims are given, as
1613	a matter of course at the earliest possible time, information
1614	about:
1615	1.  The availability of crime victim compensation, when
1616	applicable;
1617	2.  Crisis intervention services, supportive or bereavement
1618	counseling, social service support referrals, and community-
1619	based victim treatment programs;
1620	3.  The role of the victim in the criminal or juvenile
1621	justice process, including what the victim may expect from the
1622	system as well as what the system expects from the victim;
1623	4.  The stages in the criminal or juvenile justice process
1624	which are of significance to the victim and the manner in which
1625	information about such stages can be obtained;
1626	5.  The right of a victim, who is not incarcerated,
1627	including the victim's parent or guardian if the victim is a
1628	minor, the lawful representative of the victim or of the
1629	victim's parent or guardian if the victim is a minor, and the
1630	next of kin of a homicide victim, to be informed, to be present,
1631	and to be heard when relevant, at all crucial stages of a
1632	criminal or juvenile proceeding, to the extent that this right
1633	does not interfere with constitutional rights of the accused, as
1634	provided by s. 16(b), Art. I of the State Constitution;
1635	6.  In the case of incarcerated victims, the right to be
1636	informed and to submit written statements at all crucial stages
1637	of the criminal proceedings, parole proceedings, or juvenile
1638	proceedings; and
1639	7.  The right of a victim to a prompt and timely
1640	disposition of the case in order to minimize the period during
1641	which the victim must endure the responsibilities and stress
1642	involved to the extent that this right does not interfere with
1643	the constitutional rights of the accused.
1644	(b)  Information for purposes of notifying victim or
1645	appropriate next of kin of victim or other designated contact of
1646	victim.--In the case of a homicide, pursuant to chapter 782; or
1647	a sexual offense, pursuant to chapter 794; or an attempted
1648	murder or sexual offense, pursuant to chapter 777; or stalking,
1649	pursuant to s. 784.048; or domestic violence, pursuant to s.
1650	25.385:
1651	1.  The arresting law enforcement officer or personnel of
1652	an organization that provides assistance to a victim or to the
1653	appropriate next of kin of the victim or other designated
1654	contact must request that the victim or appropriate next of kin
1655	of the victim or other designated contact complete a victim
1656	notification card. However, the victim or appropriate next of
1657	kin of the victim or other designated contact may choose not to
1658	complete the victim notification card.
1659	2.  Unless the victim or the appropriate next of kin of the
1660	victim or other designated contact waives the option to complete
1661	the victim notification card, a copy of the victim notification
1662	card must be filed with the incident report or warrant in the
1663	sheriff's office of the jurisdiction in which the incident
1664	report or warrant originated. The notification card shall, at a
1665	minimum, consist of:
1666	a.  The name, address, and phone number of the victim; or
1667	b.  The name, address, and phone number of the appropriate
1668	next of kin of the victim; or
1669	c.  The name, address, and phone number of a designated
1670	contact other than the victim or appropriate next of kin of the
1671	victim; and
1672	d.  Any relevant identification or case numbers assigned to
1673	the case.
1674	3.  The chief administrator, or a person designated by the
1675	chief administrator, of a county jail, municipal jail, juvenile
1676	detention facility, or residential commitment facility shall
1677	make a reasonable attempt to notify the alleged victim or
1678	appropriate next of kin of the alleged victim or other
1679	designated contact within 4 hours following the release of the
1680	defendant on bail or, in the case of a juvenile offender, upon
1681	the release from residential detention or commitment. If the
1682	chief administrator, or designee, is unable to contact the
1683	alleged victim or appropriate next of kin of the alleged victim
1684	or other designated contact by telephone, the chief
1685	administrator, or designee, must send to the alleged victim or
1686	appropriate next of kin of the alleged victim or other
1687	designated contact a written notification of the defendant's
1688	release.
1689	4.  Unless otherwise requested by the victim or the
1690	appropriate next of kin of the victim or other designated
1691	contact, the information contained on the victim notification
1692	card must be sent by the chief administrator, or designee, of
1693	the appropriate facility to the subsequent correctional or
1694	residential commitment facility following the sentencing and
1695	incarceration of the defendant, and unless otherwise requested
1696	by the victim or the appropriate next of kin of the victim or
1697	other designated contact, he or she must be notified of the
1698	release of the defendant from incarceration as provided by law.
1699	5.  If the defendant was arrested pursuant to a warrant
1700	issued or taken into custody pursuant to s. 985.207 in a
1701	jurisdiction other than the jurisdiction in which the defendant
1702	is being released, and the alleged victim or appropriate next of
1703	kin of the alleged victim or other designated contact does not
1704	waive the option for notification of release, the chief
1705	correctional officer or chief administrator of the facility
1706	releasing the defendant shall make a reasonable attempt to
1707	immediately notify the chief correctional officer of the
1708	jurisdiction in which the warrant was issued or the juvenile was
1709	taken into custody pursuant to s. 985.207, and the chief
1710	correctional officer of that jurisdiction shall make a
1711	reasonable attempt to notify the alleged victim or appropriate
1712	next of kin of the alleged victim or other designated contact,
1713	as provided in this paragraph, that the defendant has been or
1714	will be released.
1715	(c)  Information concerning protection available to victim
1716	or witness.--A victim or witness shall be furnished, as a matter
1717	of course, with information on steps that are available to law
1718	enforcement officers and state attorneys to protect victims and
1719	witnesses from intimidation. Victims of domestic violence shall
1720	also be given information about the address confidentiality
1721	program provided under s. 741.403.
1722	(d)  Notification of scheduling changes.--Each victim or
1723	witness who has been scheduled to attend a criminal or juvenile
1724	justice proceeding shall be notified as soon as possible by the
1725	agency scheduling his or her appearance of any change in
1726	scheduling which will affect his or her appearance.
1727	(e)  Advance notification to victim or relative of victim
1728	concerning judicial proceedings; right to be present.--Any
1729	victim, parent, guardian, or lawful representative of a minor
1730	who is a victim, or relative of a homicide victim shall receive
1731	from the appropriate agency, at the address found in the police
1732	report or the victim notification card if such has been provided
1733	to the agency, prompt advance notification, unless the agency
1734	itself does not have advance notification, of judicial and
1735	postjudicial proceedings relating to his or her case, including
1736	all proceedings or hearings relating to:
1737	1.  The arrest of an accused;
1738	2.  The release of the accused pending judicial proceedings
1739	or any modification of release conditions; and
1740	3.  Proceedings in the prosecution or petition for
1741	delinquency of the accused, including the filing of the
1742	accusatory instrument, the arraignment, disposition of the
1743	accusatory instrument, trial or adjudicatory hearing, sentencing
1744	or disposition hearing, appellate review, subsequent
1745	modification of sentence, collateral attack of a judgment, and,
1746	when a term of imprisonment, detention, or residential
1747	commitment is imposed, the release of the defendant or juvenile
1748	offender from such imprisonment, detention, or residential
1749	commitment by expiration of sentence or parole and any meeting
1750	held to consider such release.
1751
1752	A victim, a victim's parent or guardian if the victim is a
1753	minor, a lawful representative of the victim or of the victim's
1754	parent or guardian if the victim is a minor, or a victim's next
1755	of kin may not be excluded from any portion of any hearing,
1756	trial, or proceeding pertaining to the offense based solely on
1757	the fact that such person is subpoenaed to testify, unless, upon
1758	motion, the court determines such person's presence to be
1759	prejudicial. The appropriate agency with respect to notification
1760	under subparagraph 1. is the arresting law enforcement agency,
1761	and the appropriate agency with respect to notification under
1762	subparagraphs 2. and 3. is the Attorney General or state
1763	attorney, unless the notification relates to a hearing
1764	concerning parole, in which case the appropriate agency is the
1765	Office of the Attorney General Parole Commission. The Department
1766	of Corrections, the Department of Juvenile Justice, or the
1767	sheriff is the appropriate agency with respect to release by
1768	expiration of sentence or any other release program provided by
1769	law. Any victim may waive notification at any time, and such
1770	waiver shall be noted in the agency's files.
1771	(f)  Information concerning release from incarceration from
1772	a county jail, municipal jail, juvenile detention facility, or
1773	residential commitment facility.--The chief administrator, or a
1774	person designated by the chief administrator, of a county jail,
1775	municipal jail, juvenile detention facility, or residential
1776	commitment facility shall, upon the request of the victim or the
1777	appropriate next of kin of a victim or other designated contact
1778	of the victim of any of the crimes specified in paragraph (b),
1779	make a reasonable attempt to notify the victim or appropriate
1780	next of kin of the victim or other designated contact prior to
1781	the defendant's or offender's release from incarceration,
1782	detention, or residential commitment if the victim notification
1783	card has been provided pursuant to paragraph (b). If prior
1784	notification is not successful, a reasonable attempt must be
1785	made to notify the victim or appropriate next of kin of the
1786	victim or other designated contact within 4 hours following the
1787	release of the defendant or offender from incarceration,
1788	detention, or residential commitment. If the defendant is
1789	released following sentencing, disposition, or furlough, the
1790	chief administrator or designee shall make a reasonable attempt
1791	to notify the victim or the appropriate next of kin of the
1792	victim or other designated contact within 4 hours following the
1793	release of the defendant. If the chief administrator or designee
1794	is unable to contact the victim or appropriate next of kin of
1795	the victim or other designated contact by telephone, the chief
1796	administrator or designee must send to the victim or appropriate
1797	next of kin of the victim or other designated contact a written
1798	notification of the defendant's or offender's release.
1799	(g)  Consultation with victim or guardian or family of
1800	victim.--
1801	1.  In addition to being notified of the provisions of s.
1802	921.143, the victim of a felony involving physical or emotional
1803	injury or trauma or, in a case in which the victim is a minor
1804	child or in a homicide, the guardian or family of the victim
1805	shall be consulted by the state attorney in order to obtain the
1806	views of the victim or family about the disposition of any
1807	criminal or juvenile case brought as a result of such crime,
1808	including the views of the victim or family about:
1809	a.  The release of the accused pending judicial
1810	proceedings;
1811	b.  Plea agreements;
1812	c.  Participation in pretrial diversion programs; and
1813	d.  Sentencing of the accused.
1814	2.  Upon request, the state attorney shall permit the
1815	victim, the victim's parent or guardian if the victim is a
1816	minor, the lawful representative of the victim or of the
1817	victim's parent or guardian if the victim is a minor, or the
1818	victim's next of kin in the case of a homicide to review a copy
1819	of the presentence investigation report prior to the sentencing
1820	hearing if one was completed. Any confidential information that
1821	pertains to medical history, mental health, or substance abuse
1822	and any information that pertains to any other victim shall be
1823	redacted from the copy of the report. Any person who reviews the
1824	report pursuant to this paragraph must maintain the
1825	confidentiality of the report and shall not disclose its
1826	contents to any person except statements made to the state
1827	attorney or the court.
1828	3.  When an inmate has been approved for community work
1829	release, the Department of Corrections shall, upon request and
1830	as provided in s. 944.605, notify the victim, the victim's
1831	parent or guardian if the victim is a minor, the lawful
1832	representative of the victim or of the victim's parent or
1833	guardian if the victim is a minor, or the victim's next of kin
1834	if the victim is a homicide victim.
1835	(h)  Return of property to victim.--Law enforcement
1836	agencies and the state attorney shall promptly return a victim's
1837	property held for evidentiary purposes unless there is a
1838	compelling law enforcement reason for retaining it. The trial or
1839	juvenile court exercising jurisdiction over the criminal or
1840	juvenile proceeding may enter appropriate orders to implement
1841	the provisions of this subsection, including allowing
1842	photographs of the victim's property to be used as evidence at
1843	the criminal trial or the juvenile proceeding in place of the
1844	victim's property when no substantial evidentiary issue related
1845	thereto is in dispute.
1846	(i)  Notification to employer and explanation to creditors
1847	of victim or witness.--A victim or witness who so requests shall
1848	be assisted by law enforcement agencies and the state attorney
1849	in informing his or her employer that the need for victim and
1850	witness cooperation in the prosecution of the case may
1851	necessitate the absence of that victim or witness from work. A
1852	victim or witness who, as a direct result of a crime or of his
1853	or her cooperation with law enforcement agencies or a state
1854	attorney, is subjected to serious financial strain shall be
1855	assisted by such agencies and state attorney in explaining to
1856	the creditors of such victim or witness the reason for such
1857	serious financial strain.
1858	(j)  Notification of right to request restitution.--Law
1859	enforcement agencies and the state attorney shall inform the
1860	victim of the victim's right to request and receive restitution
1861	pursuant to s. 775.089 or s. 985.231(1)(a)1., and of the
1862	victim's rights of enforcement under ss. 775.089(6) and 985.201
1863	in the event an offender does not comply with a restitution
1864	order. The state attorney shall seek the assistance of the
1865	victim in the documentation of the victim's losses for the
1866	purpose of requesting and receiving restitution. In addition,
1867	the state attorney shall inform the victim if and when
1868	restitution is ordered. If an order of restitution is converted
1869	to a civil lien or civil judgment against the defendant, the
1870	clerks shall make available at their office, as well as on their
1871	website, information provided by the Secretary of State, the
1872	court, or The Florida Bar on enforcing the civil lien or
1873	judgment.
1874	(k)  Notification of right to submit impact statement.--The
1875	state attorney shall inform the victim of the victim's right to
1876	submit an oral or written impact statement pursuant to s.
1877	921.143 and shall assist in the preparation of such statement if
1878	necessary.
1879	(l)  Local witness coordination services.--The requirements
1880	for notification provided for in paragraphs (c), (d), and (i)
1881	may be performed by the state attorney or public defender for
1882	their own witnesses.
1883	(m)  Victim assistance education and training.--Victim
1884	assistance education and training shall be offered to persons
1885	taking courses at law enforcement training facilities and to
1886	state attorneys and assistant state attorneys so that victims
1887	may be promptly, properly, and completely assisted.
1888	(n)  General victim assistance.--Victims and witnesses
1889	shall be provided with such other assistance, such as
1890	transportation, parking, separate pretrial waiting areas, and
1891	translator services in attending court, as is practicable.
1892	(o)  Victim's rights information card or brochure.--A
1893	victim of a crime shall be provided with a victim's rights
1894	information card or brochure containing essential information
1895	concerning the rights of a victim and services available to a
1896	victim as required by state law.
1897	(p)  Information concerning escape from a state
1898	correctional institution, county jail, juvenile detention
1899	facility, or residential commitment facility.--In any case where
1900	an offender escapes from a state correctional institution,
1901	private correctional facility, county jail, juvenile detention
1902	facility, or residential commitment facility, the institution of
1903	confinement shall immediately notify the state attorney of the
1904	jurisdiction where the criminal charge or petition for
1905	delinquency arose and the judge who imposed the sentence of
1906	incarceration. The state attorney shall thereupon make every
1907	effort to notify the victim, material witness, parents or legal
1908	guardian of a minor who is a victim or witness, or immediate
1909	relatives of a homicide victim of the escapee. The state
1910	attorney shall also notify the sheriff of the county where the
1911	criminal charge or petition for delinquency arose. The sheriff
1912	shall offer assistance upon request. When an escaped offender is
1913	subsequently captured or is captured and returned to the
1914	institution of confinement, the institution of confinement shall
1915	again immediately notify the appropriate state attorney and
1916	sentencing judge pursuant to this section.
1917	(q)  Presence of victim advocate during discovery
1918	deposition; testimony of victim of a sexual offense.--At the
1919	request of the victim or the victim's parent, guardian, or
1920	lawful representative, the victim advocate designated by state
1921	attorney's office, sheriff's office, or municipal police
1922	department, or one representative from a not-for-profit victim
1923	services organization, including, but not limited to, rape
1924	crisis centers, domestic violence advocacy groups, and alcohol
1925	abuse or substance abuse groups shall be permitted to attend and
1926	be present during any deposition of the victim. The victim of a
1927	sexual offense shall be informed of the right to have the
1928	courtroom cleared of certain persons as provided in s. 918.16
1929	when the victim is testifying concerning that offense.
1930	(r)  Implementing crime prevention in order to protect the
1931	safety of persons and property, as prescribed in the State
1932	Comprehensive Plan.--By preventing crimes that create victims or
1933	further harm former victims, crime prevention efforts are an
1934	essential part of providing effective service for victims and
1935	witnesses. Therefore, the agencies identified in this subsection
1936	may participate in and expend funds for crime prevention, public
1937	awareness, public participation, and educational activities
1938	directly relating to, and in furtherance of, existing public
1939	safety statutes. Furthermore, funds may not be expended for the
1940	purpose of influencing public opinion on public policy issues
1941	that have not been resolved by the Legislature or the
1942	electorate.
1943	(s)  Attendance of victim at same school as
1944	defendant.--When the victim of an offense committed by a
1945	juvenile is a minor, the Department of Juvenile Justice shall
1946	request information to determine if the victim, or any sibling
1947	of the victim, attends or is eligible to attend the same school
1948	as the offender. However, if the offender is subject to a
1949	presentence investigation by the Department of Corrections, the
1950	Department of Corrections shall make such request. If the victim
1951	or any sibling of the victim attends or is eligible to attend
1952	the same school as that of the offender, the appropriate agency
1953	shall notify the victim's parent or legal guardian of the right
1954	to attend the sentencing or disposition of the offender and
1955	request that the offender be required to attend a different
1956	school.
1957	Section 60.  Subsection (3) of section 960.17, Florida
1958	Statutes, is amended to read:
1959	960.17  Award constitutes debt owed to state.--
1960	(3)  The regional parole board with jurisdiction Parole
1961	Commission shall make the payment of the debt to the state a
1962	condition of parole under chapter 947, unless the board
1963	commission finds reasons to the contrary. If the board
1964	commission does not order payment, or orders only partial
1965	payment, it shall state on the record the reasons therefor.
1966	Section 61.  Paragraph (a) of subsection (3) of section
1967	985.04, Florida Statutes, is amended to read:
1968	985.04  Oaths; records; confidential information.--
1969	(3)(a)  Except as provided in subsections (2), (4), (5),
1970	and (6), and s. 943.053, all information obtained under this
1971	part in the discharge of official duty by any judge, any
1972	employee of the court, any authorized agent of the Department of
1973	Juvenile Justice, the regional parole boards Parole Commission,
1974	the Department of Corrections, the juvenile justice circuit
1975	boards, any law enforcement agent, or any licensed professional
1976	or licensed community agency representative participating in the
1977	assessment or treatment of a juvenile is confidential and may be
1978	disclosed only to the authorized personnel of the court, the
1979	Department of Juvenile Justice and its designees, the Department
1980	of Corrections, the regional parole boards Parole Commission,
1981	law enforcement agents, school superintendents and their
1982	designees, any licensed professional or licensed community
1983	agency representative participating in the assessment or
1984	treatment of a juvenile, and others entitled under this chapter
1985	to receive that information, or upon order of the court. Within
1986	each county, the sheriff, the chiefs of police, the district
1987	school superintendent, and the department shall enter into an
1988	interagency agreement for the purpose of sharing information
1989	about juvenile offenders among all parties. The agreement must
1990	specify the conditions under which summary criminal history
1991	information is to be made available to appropriate school
1992	personnel, and the conditions under which school records are to
1993	be made available to appropriate department personnel. Such
1994	agreement shall require notification to any classroom teacher of
1995	assignment to the teacher's classroom of a juvenile who has been
1996	placed in a probation or commitment program for a felony
1997	offense. The agencies entering into such agreement must comply
1998	with s. 943.0525, and must maintain the confidentiality of
1999	information that is otherwise exempt from s. 119.07(1), as
2000	provided by law.
2001	Section 62.  Subsection (2) of section 985.05, Florida
2002	Statutes, is amended to read:
2003	985.05  Court records.--
2004	(2)  The clerk shall keep all official records required by
2005	this section separate from other records of the circuit court,
2006	except those records pertaining to motor vehicle violations,
2007	which shall be forwarded to the Department of Highway Safety and
2008	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2009	official records required by this part are not open to
2010	inspection by the public, but may be inspected only upon order
2011	of the court by persons deemed by the court to have a proper
2012	interest therein, except that a child and the parents,
2013	guardians, or legal custodians of the child and their attorneys,
2014	law enforcement agencies, the Department of Juvenile Justice and
2015	its designees, a regional parole board the Parole Commission,
2016	and the Department of Corrections shall always have the right to
2017	inspect and copy any official record pertaining to the child.
2018	The court may permit authorized representatives of recognized
2019	organizations compiling statistics for proper purposes to
2020	inspect, and make abstracts from, official records under
2021	whatever conditions upon the use and disposition of such records
2022	the court may deem proper and may punish by contempt proceedings
2023	any violation of those conditions.
2024	Section 63.  Subsection (1) of section 784.078, Florida
2025	Statutes, is amended to read:
2026	784.078  Battery of facility employee by throwing, tossing,
2027	or expelling certain fluids or materials.--
2028	(1)  As used in this section, the term "facility" means a
2029	state correctional institution defined in s. 944.02(6); a
2030	private correctional facility defined in s. 944.710 or under
2031	chapter 957; a county, municipal, or regional jail or other
2032	detention facility of local government under chapter 950 or
2033	chapter 951; or a secure facility operated and maintained by the
2034	Department of Corrections or the Department of Juvenile Justice.
2035	Section 64.  Support for the Governor and Cabinet acting in
2036	their capacity as the Executive Board of Clemency is hereby
2037	transferred from the Parole Commission to the Executive Office
2038	of the Governor by a type two transfer as provided in s. 20.06,
2039	Florida Statutes.
2040	Section 65.  Sections 947.01 and 947.022, Florida Statutes,
2041	are repealed.
2042	Section 66.  The Division of Statutory Revision of the
2043	Office of Legislative Services shall redesignate, in the next
2044	edition of the Florida Statutes, the title of chapter 947,
2045	Florida Statutes, as "Regional Parole Boards."
2046	Section 67.  This act shall take effect July 1, 2005,
2047	except that sections 7 through 66 shall take effect June 1,
2048	2006.
2049
2050	================ T I T L E  A M E N D M E N T =============
2051	Remove line 17 and insert:
2052
2053	proposals for a private correctional facility; amending ss.
2054	20.315, 20.32, 23.21, 112.011, 186.005, 255.502, 322.16,
2055	394.926, 394.927, 775.089, 775.16, 784.07, 784.078, 843.01,
2056	843.02, 843.08, 893.11, 921.001, 921.16, 921.20, 921.21, 921.22,
2057	940.03, 940.05, 941.23, 943.0311, 943.06, 944.012, 944.02
2058	944.024, 944.23, 944.291, 944.4731, 945.091, 945.10, 945.47,
2059	945.73, 947.002, 947.005, 947.02, 947.021, 947.1405, 947.141,
2060	947.146, 947.181, 947.185, 947.22, 948.09, 948.10, 949.05,
2061	957.06, 958.045, 960.001, 960.17, 985.04, and 985.05, F.S.;
2062	abolishing the Parole Commission; providing for the creation of
2063	regional parole boards; providing for membership, powers, and
2064	duties of such boards; providing for assignment of inmates to
2065	boards; conforming provisions; amending s. 784.078, F.S.;
2066	conforming a cross reference; repealing s. 947.01, F.S.,
2067	relating to the creation of the Parole Commission; repealing s.
2068	947.022, F.S., relating to terms of members of the Parole
2069	Commission; transferring support for the Governor and Cabinet
2070	acting in their capacity as the Executive Board of Clemency from
2071	the Parole Commission to the Executive Office of the Governor;
2072	providing a directive to the Division of Statutory Revision;
2073	providing

CODING: Words stricken are deletions; words underlined are additions.