Amendment
Bill No. 1899

Amendment No. 721889

CHAMBER ACTION
Senate		House
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1	Representative Needelman offered the following:
2
3	Amendment (with title amendment)
4	Remove line 247 and insert:
5	Section 7.  Subsection (10) of section 20.315, Florida
6	Statutes, is amended to read:
7	20.315  Department of Corrections.--There is created a
8	Department of Corrections.
9	(10)  FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.--All
10	commitments shall state the statutory authority therefor. The
11	Secretary of Corrections shall have the authority to prescribe
12	the form to be used for commitments. Nothing in this act shall
13	be construed to abridge the authority and responsibility of a
14	regional the parole board Commission with respect to the
15	granting and revocation of parole. The Department of Corrections
16	shall notify the original sentencing court Parole Commission of
17	all violations of parole conditions and provide reports
18	connected thereto as may be requested by the court commission.
19	The court commission shall have the authority to issue orders
20	dealing with supervision of specific parolees, and such orders
21	shall be binding on all parties.
22	Section 8.  Section 20.32, Florida Statutes, is amended to
23	read:
24	20.32  Regional parole boards Parole Commission.--
25	(1)  There is hereby established a regional parole board of
26	no less than three or more than seven members in each of the
27	regions of the Department of Corrections. The Governor shall
28	appoint members to serve on the regional parole boards as
29	provided by s. 947.02. The regional parole boards shall be
30	administratively housed within the Office of the Attorney
31	General, which shall provide administrative and staff support to
32	the boards The Parole and Probation Commission, authorized by s.
33	8(c), Art. IV, State Constitution of 1968, is continued and
34	renamed the Parole Commission. The commission retains its
35	powers, duties, and functions with respect to the granting and
36	revoking of parole and shall exercise powers, duties, and
37	functions relating to investigations of applications for
38	clemency as directed by the Governor and the Cabinet.
39	(2)  The powers and duties of the regional parole boards
40	shall be to conduct parole hearings, to grant or deny parole to
41	parole-eligible inmates, to set any special conditions for
42	parole, and such other duties as may be prescribed by law. No
43	fewer than three members must participate in hearings to grant
44	or deny parole or to set any special conditions for parole. It
45	shall require a majority vote of members participating in a
46	proceeding to grant or deny parole or set any special conditions
47	for parole All powers, duties, and functions relating to the
48	appointment of the Parole Commission as provided in s. 947.02 or
49	s. 947.021 shall be exercised and performed by the Governor and
50	the Cabinet. Except as provided in s. 947.021, each appointment
51	shall be made from among the first three eligible persons on the
52	list of the persons eligible for said position.
53	(3)  The Attorney General shall assign parole-eligible
54	inmates to the jurisdiction of a regional board based on the
55	location of the most serious offense that resulted in the
56	offender's incarceration. The Attorney General may, however,
57	assign an inmate to a different parole board than for the
58	location where the most serious offense occurred if necessary to
59	facilitate attendance of a victim or to facilitate the
60	convenience of the parole board volunteer members in cases in
61	which the inmate is physically located outside the region in
62	which the crime occurred. Parole hearings may be held by video
63	teleconference. An accurate record of all proceedings conducted
64	by video teleconference must be maintained by the Office of the
65	Attorney General The commission may require any employee of the
66	commission to give a bond for the faithful performance of his or
67	her duties. The commission may determine the amount of the bond
68	and must approve the bond. In determining the amount of the
69	bond, the commission may consider the amount of money or
70	property likely to be in custody of the officer or employee at
71	any one time. The premiums for the bonds must be paid out of the
72	funds of the commission.
73	Section 9.  Subsection (1) of section 23.21, Florida
74	Statutes, is amended to read:
75	23.21  Definitions.--For purposes of this part:
76	(1)  "Department" means a principal administrative unit
77	within the executive branch of state government, as defined in
78	chapter 20, and includes the State Board of Administration, the
79	Executive Office of the Governor, the Fish and Wildlife
80	Conservation Commission, the Parole Commission, the Agency for
81	Health Care Administration, the Board of Regents, the State
82	Board of Community Colleges, the Justice Administrative
83	Commission, the Capital Collateral Representative, and separate
84	budget entities placed for administrative purposes within a
85	department.
86	Section 10.  Paragraph (b) of subsection (2) of section
87	112.011, Florida Statutes, is amended to read:
88	112.011  Felons; removal of disqualifications for
89	employment, exceptions.--
90	(2)
91	(b)  This section shall not be applicable to the employment
92	practices of any fire department relating to the hiring of
93	firefighters. An applicant for employment with any fire
94	department with a prior felony conviction shall be excluded from
95	employment for a period of 4 years after expiration of sentence
96	or final release by the Parole Commission or a regional parole
97	board unless the applicant, prior to the expiration of the 4-
98	year period, has received a full pardon or has had his or her
99	civil rights restored.
100	Section 11.  Subsection (1) of section 186.005, Florida
101	Statutes, is amended to read:
102	186.005  Designation of departmental planning officer.--
103	(1)  The head of each executive department and the Public
104	Service Commission, the Fish and Wildlife Conservation
105	Commission, the Parole Commission, and the Department of
106	Military Affairs shall select from within such agency a person
107	to be designated as the planning officer for such agency. The
108	planning officer shall be responsible for coordinating with the
109	Executive Office of the Governor and with the planning officers
110	of other agencies all activities and responsibilities of such
111	agency relating to planning.
112	Section 12.  Subsection (3) of section 255.502, Florida
113	Statutes, is amended to read:
114	255.502  Definitions; ss. 255.501-255.525.--As used in this
115	act, the following words and terms shall have the following
116	meanings unless the context otherwise requires:
117	(3)  "Agency" means any department created by chapter 20,
118	the Executive Office of the Governor, the Fish and Wildlife
119	Conservation Commission, the Parole Commission, the State Board
120	of Administration, the Department of Military Affairs, or the
121	Legislative Branch or the Judicial Branch of state government.
122	Section 13.  Paragraph (c) of subsection (1) of section
123	322.16, Florida Statutes, is amended to read:
124	322.16  License restrictions.--
125	(1)
126	(c)  The department may further, at any time, impose other
127	restrictions on the use of the license with respect to time and
128	purpose of use or may impose any other condition or restriction
129	upon recommendation of any court, of the Parole Commission or a
130	regional parole board, or of the Department of Corrections with
131	respect to any individual who is under the jurisdiction,
132	supervision, or control of the entity that made the
133	recommendation.
134	Section 14.  Subsection (2) of section 394.926, Florida
135	Statutes, is amended to read:
136	394.926  Notice to victims of release of persons committed
137	as sexually violent predators; notice to certain agencies
138	Department of Corrections and Parole Commission.--
139	(2)  If a sexually violent predator who has an active or
140	pending term of probation, community control, parole,
141	conditional release, or other court-ordered or postprison
142	release supervision is released from custody, the department
143	must immediately notify the Department of Corrections' Office of
144	Community Corrections in Tallahassee. The regional parole board
145	with jurisdiction Parole Commission must also be immediately
146	notified of any releases of a sexually violent predator who has
147	an active or pending term of parole, conditional release, or
148	other postprison release supervision that is administered by the
149	Parole Commission.
150	Section 15.  Subsection (2) of section 394.927, Florida
151	Statutes, is amended to read:
152	394.927  Escape while in lawful custody; notice to victim;
153	notice to the Department of Corrections and regional parole
154	board Parole Commission.--
155	(2)  If a person who is held in custody pursuant to a
156	finding of probable cause or commitment as a sexually violent
157	predator escapes while in custody, the department shall
158	immediately notify the victim in accordance with s. 394.926. The
159	state attorney that filed the petition for civil commitment of
160	the escapee must also be immediately notified by the department.
161	If the escapee has an active or pending term of probation,
162	community control, parole, conditional release, or other court-
163	ordered or postprison release supervision, the department shall
164	also immediately notify the Department of Corrections' Office of
165	Community Corrections in Tallahassee. The regional parole board
166	having jurisdiction over the inmate Parole Commission shall also
167	be immediately notified of an escape if the escapee has an
168	active or pending term of parole, conditional release, or other
169	postprison release supervision that is administered by the
170	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, and the regional parole board having
178	jurisdiction over the offender Parole Commission may revoke
179	parole, if the defendant fails to comply with such order.
180	Section 17.  Subsection (1) and paragraphs (a) and (b) of
181	subsection (2) of section 775.16, Florida Statutes, are amended
182	to read:
183	775.16  Drug offenses; additional penalties.--In addition
184	to any other penalty provided by law, a person who has been
185	convicted of sale of or trafficking in, or conspiracy to sell or
186	traffic in, a controlled substance under chapter 893, if such
187	offense is a felony, or who has been convicted of an offense
188	under the laws of any state or country which, if committed in
189	this state, would constitute the felony of selling or
190	trafficking in, or conspiracy to sell or traffic in, a
191	controlled substance under chapter 893, is:
192	(1)  Disqualified from applying for employment by any
193	agency of the state, unless:
194	(a)  The person has completed all sentences of imprisonment
195	or supervisory sanctions imposed by the court, by the Parole
196	Commission or a regional parole board, or by law; or
197	(b)  The person has complied with the conditions of
198	subparagraphs 1. and 2. which shall be monitored by the
199	Department of Corrections while the person is under any
200	supervisory sanctions. The person under supervision may:
201	1.  Seek evaluation and enrollment in, and once enrolled
202	maintain enrollment in until completion, a drug treatment and
203	rehabilitation program which is approved by the Department of
204	Children and Family Services, unless it is deemed by the program
205	that the person does not have a substance abuse problem. The
206	treatment and rehabilitation program may be specified by:
207	a.  The court, in the case of court-ordered supervisory
208	sanctions;
209	b.  The regional parole board having jurisdiction over the
210	offender Parole Commission, in the case of parole, control
211	release, or conditional release; or
212	c.  The Department of Corrections, in the case of
213	imprisonment, conditional release, control release, or any other
214	supervision required by law.
215	2.  Submit to periodic urine drug testing pursuant to
216	procedures prescribed by the Department of Corrections. If the
217	person is indigent, the costs shall be paid by the Department of
218	Corrections.
219	(2)  Disqualified from applying for a license, permit, or
220	certificate required by any agency of the state to practice,
221	pursue, or engage in any occupation, trade, vocation,
222	profession, or business, unless:
223	(a)  The person has completed all sentences of imprisonment
224	or supervisory sanctions imposed by the court, by the Parole
225	Commission or a regional parole board, or by law;
226	(b)  The person has complied with the conditions of
227	subparagraphs 1. and 2. which shall be monitored by the
228	Department of Corrections while the person is under any
229	supervisory sanction. If the person fails to comply with
230	provisions of these subparagraphs by either failing to maintain
231	treatment or by testing positive for drug use, the department
232	shall notify the licensing, permitting, or certifying agency,
233	which may refuse to reissue or reinstate such license, permit,
234	or certification. The licensee, permittee, or certificateholder
235	under supervision may:
236	1.  Seek evaluation and enrollment in, and once enrolled
237	maintain enrollment in until completion, a drug treatment and
238	rehabilitation program which is approved or regulated by the
239	Department of Children and Family Services, unless it is deemed
240	by the program that the person does not have a substance abuse
241	problem. The treatment and rehabilitation program may be
242	specified by:
243	a.  The court, in the case of court-ordered supervisory
244	sanctions;
245	b.  The regional parole board having jurisdiction over the
246	offender Parole Commission, in the case of parole, control
247	release, or conditional release; or
248	c.  The Department of Corrections, in the case of
249	imprisonment, conditional release, control release, or any other
250	supervision required by law.
251	2.  Submit to periodic urine drug testing pursuant to
252	procedures prescribed by the Department of Corrections. If the
253	person is indigent, the costs shall be paid by the Department of
254	Corrections; or
255
256	The provisions of this section do not apply to any of the taxes,
257	fees, or permits regulated, controlled, or administered by the
258	Department of Revenue in accordance with the provisions of s.
259	213.05.
260	Section 18.  Paragraph (a) of subsection (1) of section
261	784.07, Florida Statutes, is amended to read:
262	784.07  Assault or battery of law enforcement officers,
263	firefighters, emergency medical care providers, public transit
264	employees or agents, or other specified officers;
265	reclassification of offenses; minimum sentences.--
266	(1)  As used in this section, the term:
267	(a)  "Law enforcement officer" includes a law enforcement
268	officer, a correctional officer, a correctional probation
269	officer, a part-time law enforcement officer, a part-time
270	correctional officer, an auxiliary law enforcement officer, and
271	an auxiliary correctional officer, as those terms are
272	respectively defined in s. 943.10, and any county probation
273	officer; employee or agent of the Department of Corrections who
274	supervises or provides services to inmates; officer or member of
275	a regional parole board the Parole Commission; and law
276	enforcement personnel of the Fish and Wildlife Conservation
277	Commission, the Department of Environmental Protection, or the
278	Department of Law Enforcement.
279	Section 19.  Paragraph (b) of subsection (2) of section
280	784.078, Florida Statutes, is amended to read:
281	784.078  Battery of facility employee by throwing, tossing,
282	or expelling certain fluids or materials.--
283	(2)
284	(b)  "Employee" includes any person who is employed by the
285	Attorney General to assist a regional parole board a parole
286	examiner with the Florida Parole Commission.
287	Section 20.  Section 843.01, Florida Statutes, is amended
288	to read:
289	843.01  Resisting officer with violence to his or her
290	person.--Whoever knowingly and willfully resists, obstructs, or
291	opposes any officer as defined in s. 943.10(1), (2), (3), (6),
292	(7), (8), or (9); member of a regional parole board the Parole
293	Commission or any administrative aide or supervisor employed by
294	the Attorney General to assist a regional parole board
295	commission; parole and probation supervisor; county probation
296	officer; personnel or representative of the Department of Law
297	Enforcement; or other person legally authorized to execute
298	process in the execution of legal process or in the lawful
299	execution of any legal duty, by offering or doing violence to
300	the person of such officer or legally authorized person, commits
301	is guilty of a felony of the third degree, punishable as
302	provided in s. 775.082, s. 775.083, or s. 775.084.
303	Section 21.  Section 843.02, Florida Statutes, is amended
304	to read:
305	843.02  Resisting officer without violence to his or her
306	person.--Whoever shall resist, obstruct, or oppose any officer
307	as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
308	member of a regional parole board the Parole Commission or any
309	administrative aide or supervisor employed by the Attorney
310	General to assist a regional parole board commission; county
311	probation officer; parole and probation supervisor; personnel or
312	representative of the Department of Law Enforcement; or other
313	person legally authorized to execute process in the execution of
314	legal process or in the lawful execution of any legal duty,
315	without offering or doing violence to the person of the officer,
316	commits shall be guilty of a misdemeanor of the first degree,
317	punishable as provided in s. 775.082 or s. 775.083.
318	Section 22.  Section 843.08, Florida Statutes, is amended
319	to read:
320	843.08  Falsely personating an officer, etc.--A person who
321	falsely assumes or pretends to be a sheriff, officer of the
322	Florida Highway Patrol, officer of the Fish and Wildlife
323	Conservation Commission, officer of the Department of
324	Environmental Protection, officer of the Department of
325	Transportation, officer of the Department of Corrections,
326	correctional probation officer, deputy sheriff, state attorney
327	or assistant state attorney, statewide prosecutor or assistant
328	statewide prosecutor, state attorney investigator, coroner,
329	police officer, lottery special agent or lottery investigator,
330	beverage enforcement agent, or watchman, or any member of a
331	regional parole board the Parole Commission and any
332	administrative aide or supervisor employed by the Attorney
333	General to assist a regional parole board commission, or any
334	personnel or representative of the Department of Law
335	Enforcement, and takes upon himself or herself to act as such,
336	or to require any other person to aid or assist him or her in a
337	matter pertaining to the duty of any such officer, commits a
338	felony of the third degree, punishable as provided in s.
339	775.082, s. 775.083, or s. 775.084; however, a person who
340	falsely personates any such officer during the course of the
341	commission of a felony commits a felony of the second degree,
342	punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
343	except that if the commission of the felony results in the death
344	or personal injury of another human being, the person commits a
345	felony of the first degree, punishable as provided in s.
346	775.082, s. 775.083, or s. 775.084.
347	Section 23.  Paragraph (a) of subsection (1) of section
348	893.11, Florida Statutes, is amended to read:
349	893.11  Suspension, revocation, and reinstatement of
350	business and professional licenses.--Upon the conviction in any
351	court of competent jurisdiction of any person holding a license,
352	permit, or certificate issued by a state agency, for sale of, or
353	trafficking in, a controlled substance or for conspiracy to
354	sell, or traffic in, a controlled substance, if such offense is
355	a felony, the clerk of said court shall send a certified copy of
356	the judgment of conviction with the person's license number,
357	permit number, or certificate number on the face of such
358	certified copy to the agency head by whom the convicted
359	defendant has received a license, permit, or certificate to
360	practice his or her profession or to carry on his or her
361	business. Such agency head shall suspend or revoke the license,
362	permit, or certificate of the convicted defendant to practice
363	his or her profession or to carry on his or her business. Upon a
364	showing by any such convicted defendant whose license, permit,
365	or certificate has been suspended or revoked pursuant to this
366	section that his or her civil rights have been restored or upon
367	a showing that the convicted defendant meets the following
368	criteria, the agency head may reinstate or reactivate such
369	license, permit, or certificate when:
370	(1)  The person has complied with the conditions of
371	paragraphs (a) and (b) which shall be monitored by the
372	Department of Corrections while the person is under any
373	supervisory sanction. If the person fails to comply with
374	provisions of these paragraphs by either failing to maintain
375	treatment or by testing positive for drug use, the department
376	shall notify the licensing, permitting, or certifying agency,
377	which shall revoke the license, permit, or certification. The
378	person under supervision may:
379	(a)  Seek evaluation and enrollment in, and once enrolled
380	maintain enrollment in until completion, a drug treatment and
381	rehabilitation program which is approved or regulated by the
382	Department of Children and Family Services. The treatment and
383	rehabilitation program shall be specified by:
384	1.  The court, in the case of court-ordered supervisory
385	sanctions;
386	2.  The regional parole board having oversight of the
387	parolee Parole Commission, in the case of parole, control
388	release, or conditional release; or
389	3.  The Department of Corrections, in the case of
390	imprisonment, conditional release, or any other supervision
391	required by law.
392
393	This section does not apply to any of the taxes, fees, or
394	permits regulated, controlled, or administered by the Department
395	of Revenue in accordance with s. 213.05.
396	Section 24.  Subsection (9) of section 921.001, Florida
397	Statutes, is amended to read:
398	921.001  Sentencing Commission and sentencing guidelines
399	generally.--
400	(9)(a)  The Sentencing Commission and the office of the
401	State Courts Administrator shall conduct ongoing research on the
402	impact of the sentencing guidelines, the use of imprisonment and
403	alternatives to imprisonment, and plea bargaining. The
404	commission, with the aid of the office of the State Courts
405	Administrator, and the Department of Corrections, and the Parole
406	Commission, shall estimate the impact of any proposed changes to
407	the sentencing guidelines on future rates of incarceration and
408	levels of prison population, based in part on historical data of
409	sentencing practices which have been accumulated by the office
410	of the State Courts Administrator and on Department of
411	Corrections records reflecting average time served for offenses
412	covered by the proposed changes to the guidelines. The
413	commission shall review the projections of impact and shall make
414	them available to other appropriate agencies of state
415	government, including the Legislature, by October 1 of each
416	year.
417	(b)  On or after January 1, 1994, any legislation which:
418	1.  Creates a felony offense;
419	2.  Enhances a misdemeanor offense to a felony offense;
420	3.  Moves a felony offense from a lesser offense severity
421	level to a higher offense severity level in the offense severity
422	ranking chart in s. 921.0012; or
423	4.  Reclassifies an existing felony offense to a greater
424	felony classification
425
426	must provide that such a change result in a net zero sum impact
427	in the overall prison population, as determined by the Criminal
428	Justice Estimating Conference, unless the legislation contains a
429	funding source sufficient in its base or rate to accommodate
430	such change or a provision which specifically abrogates the
431	application of this paragraph.
432	Section 25.  Subsection (2) of section 921.16, Florida
433	Statutes, is amended to read:
434	921.16  When sentences to be concurrent and when
435	consecutive.--
436	(2)  A county court or circuit court of this state may
437	direct that the sentence imposed by such court be served
438	concurrently with a sentence imposed by a court of another state
439	or of the United States or, for purposes of this section,
440	concurrently with a sentence to be imposed in another
441	jurisdiction. In such case, the Department of Corrections may
442	designate the correctional institution of the other jurisdiction
443	as the place for reception and confinement of such person and
444	may also designate the place in Florida for reception and
445	confinement of such person in the event that confinement in the
446	other jurisdiction terminates before the expiration of the
447	Florida sentence. The sheriff shall forward commitment papers
448	and other documents specified in s. 944.17 to the department.
449	Upon imposing such a sentence, the court shall notify the Office
450	of the Attorney General which shall notify the appropriate
451	regional parole board Parole Commission as to the jurisdiction
452	in which the sentence is to be served. Any prisoner so released
453	to another jurisdiction shall be eligible for consideration for
454	parole by the appropriate regional parole board Parole
455	Commission pursuant to the provisions of chapter 947, except
456	that the Office of the Attorney General commission shall assist
457	the appropriate regional parole board in determining determine
458	the presumptive parole release date and the effective parole
459	release date by requesting such person's file from the receiving
460	jurisdiction. Upon receiving such records, the Office of the
461	Attorney General commission shall determine these release dates
462	based on the relevant information in that file and shall give
463	credit toward reduction of the Florida sentence for gain-time
464	granted by the jurisdiction where the inmate is serving the
465	sentence. The regional parole board Parole Commission may concur
466	in with the parole release decision of the jurisdiction granting
467	parole and accepting supervision.
468	Section 26.  Section 921.20, Florida Statutes, is amended
469	to read:
470	921.20  Classification summary; regional parole boards
471	Parole Commission.--As soon as possible after a prisoner has
472	been placed in the custody of the Department of Corrections, the
473	classification board shall furnish a classification summary to
474	the Office of the Attorney General for use by the regional
475	parole board Parole Commission for use as provided in s. 20.32
476	947.14. The summary shall include the criminal, personal,
477	social, and environmental background and other relevant factors
478	considered in classifying the prisoner for a penal environment
479	best suited for the prisoner's rapid rehabilitation.
480	Section 27.  Section 921.21, Florida Statutes, is amended
481	to read:
482	921.21  Progress reports to regional parole boards Parole
483	Commission.--From time to time the Department of Corrections
484	shall submit to the Attorney General for use by the regional
485	parole board Parole Commission progress reports and
486	recommendations regarding prisoners sentenced under s. 921.18.
487	When the classification board of the Department of Corrections
488	determines that justice and the public welfare will best be
489	served by paroling or discharging a prisoner, it shall transmit
490	its finding to the Office of the Attorney General which shall
491	forward such findings to the appropriate regional parole board
492	Parole Commission. The regional parole board commission shall
493	have the authority to place the prisoner on parole as provided
494	by law or give the prisoner a full discharge from custody. The
495	period of a parole granted by the a regional parole board Parole
496	Commission shall be in its discretion, but the parole period
497	shall not exceed the maximum term for which the prisoner was
498	sentenced.
499	Section 28.  Section 921.22, Florida Statutes, is amended
500	to read:
501	921.22  Determination of exact period of imprisonment by
502	regional parole board Parole Commission.--Upon the
503	recommendation of the Department of Corrections, the regional
504	parole board Parole Commission shall have the authority to
505	determine the exact period of imprisonment to be served by
506	defendants sentenced under the provisions of s. 921.18, but a
507	prisoner shall not be held in custody longer than the maximum
508	sentence provided for the offense.
509	Section 29.  Section 940.03, Florida Statutes, is amended
510	to read:
511	940.03  Application for executive clemency.--When any
512	person intends to apply for remission of any fine or forfeiture
513	or the commutation of any punishment, or for pardon or
514	restoration of civil rights, he or she shall request an
515	application form from the Executive Office of the Governor
516	Parole Commission in compliance with such rules regarding
517	application for executive clemency as are adopted by the
518	Governor with the approval of two members of the Cabinet. Such
519	application may require the submission of a certified copy of
520	the applicant's indictment or information, the judgment
521	adjudicating the applicant to be guilty, and the sentence, if
522	sentence has been imposed, and may also require the applicant to
523	send a copy of the application to the judge and prosecuting
524	attorney of the court in which the applicant was convicted,
525	notifying them of the applicant's intent to apply for executive
526	clemency. An application for executive clemency for a person who
527	is sentenced to death must be filed within 1 year after the date
528	the Supreme Court issues a mandate on a direct appeal or the
529	United States Supreme Court denies a petition for certiorari,
530	whichever is later.
531	Section 30.  Subsection (3) of section 940.05, Florida
532	Statutes, is amended to read:
533	940.05  Restoration of civil rights.--Any person who has
534	been convicted of a felony may be entitled to the restoration of
535	all the rights of citizenship enjoyed by him or her prior to
536	conviction if the person has:
537	(3)  Been granted his or her final release by the regional
538	parole board having jurisdiction over the parolee Parole
539	Commission.
540	Section 31.  Subsections (2)and (3) of section 941.23,
541	Florida Statutes, are amended to read:
542	941.23  Application for issuance of requisition; by whom
543	made; contents.--
544	(2)  When the return to this state is required of a person
545	who has been convicted of a crime in this state and has escaped
546	from confinement or broken the terms of his or her bail,
547	probation, or parole, the state attorney of the county in which
548	the offense was committed, the regional parole board having
549	jurisdiction over the parolee Parole Commission, the Department
550	of Corrections, or the warden of the institution or sheriff of
551	the county, from which escape was made, shall present to the
552	Governor a written application for a requisition for the return
553	of such person, in which application shall be stated the name of
554	the person, the crime of which the person was convicted, the
555	circumstances of his or her escape from confinement or of the
556	breach of the terms of his or her bail, probation, or parole,
557	and the state in which the person is believed to be, including
558	the location of the person therein at the time application is
559	made.
560	(3)  The application shall be verified by affidavit, shall
561	be executed in duplicate, and shall be accompanied by two
562	certified copies of the indictment returned or information and
563	affidavit filed or of the complaint made to the judge, stating
564	the offense with which the accused is charged, or of the
565	judgment of conviction or of the sentence. The prosecuting
566	officer, regional parole board having jurisdiction over the
567	parolee Parole Commission, Department of Corrections, warden, or
568	sheriff may also attach such further affidavits and other
569	documents in duplicate as he or she shall deem proper to be
570	submitted with such application. One copy of the application,
571	with the action of the Governor indicated by endorsement
572	thereon, and one of the certified copies of the indictment,
573	complaint, information, and affidavits or of the judgment of
574	conviction or of the sentence shall be filed in the office of
575	the Department of State to remain of record in that office. The
576	other copies of all papers shall be forwarded with the
577	Governor's requisition.
578	Section 32.  Subsection (7) of section 943.0311, Florida
579	Statutes, is amended to read:
580	943.0311  Chief of Domestic Security Initiatives; duties of
581	the department with respect to domestic security.--
582	(7)  As used in this section, the term "state agency"
583	includes the Agency for Health Care Administration, the Agency
584	for Workforce Innovation, the Department of Agriculture and
585	Consumer Services, the Department of Business and Professional
586	Regulation, the Department of Children and Family Services, the
587	Department of Citrus, the Department of Community Affairs, the
588	Department of Corrections, the Department of Education, the
589	Department of Elderly Affairs, the Department of Environmental
590	Protection, the Department of Financial Services, the Department
591	of Health, the Department of Highway Safety and Motor Vehicles,
592	the Department of Juvenile Justice, the Department of Law
593	Enforcement, the Department of Legal Affairs, the Department of
594	Management Services, the Department of Military Affairs, the
595	Department of Revenue, the Department of State, the Department
596	of the Lottery, the Department of Transportation, the Department
597	of Veterans' Affairs, the Fish and Wildlife Conservation
598	Commission, the Parole Commission, the State Board of
599	Administration, and the Executive Office of the Governor.
600	Section 33.  Subsection (1) of section 943.06, Florida
601	Statutes, is amended to read:
602	943.06  Criminal and Juvenile Justice Information Systems
603	Council.--There is created a Criminal and Juvenile Justice
604	Information Systems Council within the department.
605	(1)  The council shall be composed of 14 members,
606	consisting of the Attorney General or a designated assistant;
607	the executive director of the Department of Law Enforcement or a
608	designated assistant; the secretary of the Department of
609	Corrections or a designated assistant; the chair of the Parole
610	Commission or a designated assistant; the Secretary of Juvenile
611	Justice or a designated assistant; the executive director of the
612	Department of Highway Safety and Motor Vehicles or a designated
613	assistant; the State Courts Administrator or a designated
614	assistant; 1 public defender appointed by the Florida Public
615	Defender Association, Inc.; 1 state attorney appointed by the
616	Florida Prosecuting Attorneys Association, Inc.; and 5 members,
617	to be appointed by the Governor, consisting of 2 sheriffs, 2
618	police chiefs, and 1 clerk of the circuit court.
619	Section 34.  Section 944.012, Florida Statutes, is amended
620	to read:
621	944.012  Legislative intent.--The Legislature hereby finds
622	and declares that:
623	(1)  Florida spends each year in excess of $60 million for
624	its state correctional system, but Florida citizens have not
625	received a fair return on that investment. Florida correctional
626	institutions have contributed little to the reduction of crime.
627	To the contrary, crime rates continue to rise; recidivism rates
628	are notoriously high; and large prisons have for the most part
629	become schools for crime, making successful reintegration into
630	the community unlikely.
631	(2)  It is clear that major changes in correctional methods
632	are required. It is essential to abate the use of large
633	institutions and continue the development of community-based
634	corrections; to equip judges with more effective evaluative
635	tools to deal with the criminal offender; and to provide
636	alternatives to institutionalization, including the availability
637	of probationers' residences and community correctional centers.
638	(1)(3)  One of the chief factors contributing to the high
639	recidivism rate in the state is the general inability of ex-
640	offenders to find or keep meaningful employment. Since Although
641	90 percent of all offenders sent to prison return to society one
642	day, the correctional system should, within available resources,
643	equip the offender has done little to provide the offender with
644	the academic and vocational skills that the offender needs to
645	return to society as a productive citizen. This failure
646	virtually guarantees the probability of return to crime.
647	Vocational training and assistance in job placement must be
648	looked to on a priority basis as an integral part of the process
649	of changing deviant behavior in the institutionalized offender,
650	when such change is determined to be possible.
651	(4)  These changes must not be made out of sympathy for the
652	criminal or out of disregard of the threat of crime to society.
653	They must be made precisely because that threat is too serious
654	to be countered by ineffective methods.
655	(2)(5)  In order to make the correctional system an
656	efficient and effective mechanism, the various agencies involved
657	in the correctional process must coordinate their efforts. Where
658	possible, interagency offices should be physically located
659	within major institutions and should include representatives of
660	the Agency for Workforce Innovation Florida State Employment
661	Service, and the vocational rehabilitation programs of the
662	Department of Education, and the Parole Commission. Duplicative
663	and unnecessary methods of evaluating offenders must be
664	eliminated and areas of responsibility consolidated in order to
665	more economically utilize present scarce resources.
666	(3)(6)  It is the intent of the Legislature:
667	(a)  To provide a mechanism for the early identification,
668	evaluation, and treatment of behavioral disorders of adult
669	offenders coming into contact with the correctional system.
670	(b)  To separate dangerous or repeat offenders from
671	nondangerous offenders, who have potential for rehabilitation,
672	and place dangerous offenders in secure and manageable
673	institutions.
674	(c)  When possible, to divert from expensive institutional
675	commitment those individuals who, by virtue of professional
676	diagnosis and evaluation, can be placed in less costly and more
677	effective environments and programs better suited for their
678	rehabilitation and the protection of society.
679	(d)  To make available to those offenders who are capable
680	of rehabilitation the job training and job placement assistance
681	they need to build meaningful and productive lives when they
682	return to the community.
683	(e)  To provide intensive and meaningful supervision for
684	those on probation so that the condition or situation which
685	caused the person to commit the crime is corrected.
686	Section 35.  Section 944.02, Florida Statutes, is amended
687	to read:
688	944.02  Definitions.--The following words and phrases used
689	in this chapter shall, unless the context clearly indicates
690	otherwise, have the following meanings:
691	(1)  "Commission" means the Parole Commission.
692	(1)(2)  "Correctional system" means all prisons and other
693	state correctional institutions now existing or hereafter
694	created under the jurisdiction of the Department of Corrections.
695	(2)(3)  "Department" means the Department of Corrections.
696	(3)(4)  "Elderly offender" means a prisoner age 50 or older
697	in a state correctional institution or facility operated by the
698	Department of Corrections or the Department of Management
699	Services.
700	(4)(5)  "Lease-purchase agreement" means an installment
701	sales contract which requires regular payments with an interest
702	charge included and which provides that the lessee receive title
703	to the property upon final payment.
704	(5)(6)  "Prisoner" means any person who is under civil or
705	criminal arrest and in the lawful custody of any law enforcement
706	official, or any person committed to or detained in any
707	municipal or county jail or state prison, prison farm, or
708	penitentiary, or to the custody of the department pursuant to
709	lawful authority.
710	(6)  "Regional parole board" means a regional parole board
711	established pursuant to s. 20.32.
712	(7)  "Secretary" means the Secretary of Corrections.
713	(8)  "State correctional institution" means any prison,
714	road camp, prison industry, prison forestry camp, or any prison
715	camp or prison farm or other correctional facility, temporary or
716	permanent, in which prisoners are housed, worked, or maintained,
717	under the custody and jurisdiction of the department.
718	Section 36.  Subsection (5) of section 944.024, Florida
719	Statutes, is amended to read:
720	944.024  Adult intake and evaluation.--The state system of
721	adult intake and evaluation shall include:
722	(5)  The performance of postsentence intake by the
723	department. Any physical facility established by the department
724	for the intake and evaluation process prior to the offender's
725	entry into the correctional system shall provide for specific
726	office and work areas for the staff assisting any regional
727	parole board of the commission. The purpose of such a physical
728	center shall be to combine in one place as many of the
729	rehabilitation-related functions as possible, including pretrial
730	and posttrial evaluation, parole and probation services,
731	vocational rehabilitation services, family assistance services
732	of the Department of Children and Family Services, and all other
733	rehabilitative and correctional services dealing with the
734	offender.
735	Section 37.  Section 944.23, Florida Statutes, is amended
736	to read:
737	944.23  Persons authorized to visit state prisons.--The
738	following persons shall be authorized to visit at their pleasure
739	all state correctional institutions: The Governor, all Cabinet
740	members, members of the Legislature, judges of state courts,
741	state attorneys, and public defenders, and authorized
742	representatives of the commission. No other person not otherwise
743	authorized by law shall be permitted to enter a state
744	correctional institution except under such regulations as the
745	department may prescribe. Permission shall not be unreasonably
746	withheld from those who give sufficient evidence to the
747	department that they are bona fide reporters or writers.
748	Section 38.  Subsection (2) of section 944.291, Florida
749	Statutes, is amended to read:
750	944.291  Prisoner released by reason of gain-time
751	allowances or attainment of provisional release date.--
752	(2)  Any prisoner who is convicted of a crime committed on
753	or after October 1, 1988, which crime is contained in category
754	1, category 2, category 3, or category 4 of Rule 3.701 and Rule
755	3.988, Florida Rules of Criminal Procedure, and who has served
756	at least one prior felony commitment at a state or federal
757	correctional institution, or is sentenced as a habitual or
758	violent habitual offender pursuant to s. 775.084, may only be
759	released under conditional release supervision as described in
760	chapter 947. Not fewer than 90 days prior to the tentative
761	release date or provisional release date, whichever is earlier,
762	the department shall provide the original sentencing court
763	commission with the name and inmate identification number for
764	each eligible inmate.
765	Section 39.  Paragraph (b) of subsection (2) of section
766	944.4731, Florida Statutes, is amended to read:
767	944.4731  Addiction-Recovery Supervision Program.--
768	(2)
769	(b)  An offender released under addiction-recovery
770	supervision shall be subject to specified terms and conditions,
771	including payment of the costs of supervision under s. 948.09
772	and any other court-ordered payments, such as child support and
773	restitution. If an offender has received a term of probation or
774	community control to be served after release from incarceration,
775	the period of probation or community control may not be
776	substituted for addiction-recovery supervision and shall follow
777	the term of addiction-recovery supervision. The original
778	sentencing court A panel of not fewer than two parole
779	commissioners shall establish the terms and conditions of
780	supervision, and the terms and conditions must be included in
781	the supervision order. In setting the terms and conditions of
782	supervision, the court parole commission shall weigh heavily the
783	program requirements, including, but not limited to, work at
784	paid employment while participating in treatment and traveling
785	restrictions. The court commission shall also determine whether
786	an offender violates the terms and conditions of supervision and
787	whether a violation warrants revocation of addiction-recovery
788	supervision pursuant to s. 947.141. The court parole commission
789	shall review the offender's record for the purpose of
790	establishing the terms and conditions of supervision. The court
791	parole commission may impose any special conditions it considers
792	warranted from its review of the record. The length of
793	supervision may not exceed the maximum penalty imposed by the
794	court.
795	Section 40.  Paragraph (b) of subsection (1) and paragraph
796	(b) of subsection (6) of section 945.091, Florida Statutes, are
797	amended to read:
798	945.091  Extension of the limits of confinement;
799	restitution by employed inmates.--
800	(1)  The department may adopt rules permitting the
801	extension of the limits of the place of confinement of an inmate
802	as to whom there is reasonable cause to believe that the inmate
803	will honor his or her trust by authorizing the inmate, under
804	prescribed conditions and following investigation and approval
805	by the secretary, or the secretary's designee, who shall
806	maintain a written record of such action, to leave the confines
807	of that place unaccompanied by a custodial agent for a
808	prescribed period of time to:
809	(b)  Work at paid employment, participate in an education
810	or a training program, or voluntarily serve a public or
811	nonprofit agency or faith-based service group in the community,
812	while continuing as an inmate of the institution or facility in
813	which the inmate is confined, except during the hours of his or
814	her employment, education, training, or service and traveling
815	thereto and therefrom. An inmate may travel to and from his or
816	her place of employment, education, or training only by means of
817	walking, bicycling, or using public transportation or
818	transportation that is provided by a family member or employer.
819	Contingent upon specific appropriations, the department may
820	transport an inmate in a state-owned vehicle if the inmate is
821	unable to obtain other means of travel to his or her place of
822	employment, education, or training.
823	1.  An inmate may participate in paid employment only
824	during the last 36 months of his or her confinement, unless
825	sooner requested by the regional parole board having oversight
826	of the parolee Parole Commission or the Control Release
827	Authority.
828	2.  While working at paid employment and residing in the
829	facility, an inmate may apply for placement at a contracted
830	substance abuse transition housing program. The transition
831	assistance specialist shall inform the inmate of program
832	availability and assess the inmate's need and suitability for
833	transition housing assistance. If an inmate is approved for
834	placement, the specialist shall assist the inmate. If an inmate
835	requests and is approved for placement in a contracted faith-
836	based substance abuse transition housing program, the specialist
837	must consult with the chaplain prior to such placement. The
838	department shall ensure that an inmate's faith orientation, or
839	lack thereof, will not be considered in determining admission to
840	a faith-based program and that the program does not attempt to
841	convert an inmate toward a particular faith or religious
842	preference.
843	(6)
844	(b)  An offender who is required to provide restitution or
845	reparation may petition the circuit court to amend the amount of
846	restitution or reparation required or to revise the schedule of
847	repayment established by the department, a regional parole
848	board, or the Parole Commission.
849	Section 41.  Paragraph (d) of subsection (1), paragraphs
850	(a) and (b) of subsection (2), and subsection (5) of section
851	945.10, Florida Statutes, are amended to read:
852	945.10  Confidential information.--
853	(1)  Except as otherwise provided by law or in this
854	section, the following records and information held by the
855	Department of Corrections are confidential and exempt from the
856	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
857	Constitution:
858	(d)  Parole Commission Records of a regional parole board
859	that which are confidential or exempt from public disclosure by
860	law.
861	(2)  The records and information specified in paragraphs
862	(1)(a)-(h) may be released as follows unless expressly
863	prohibited by federal law:
864	(a)  Information specified in paragraphs (1)(b), (d), and
865	(f) to the Office of the Governor, the Legislature, a regional
866	parole board the Parole Commission, the Department of Children
867	and Family Services, a private correctional facility or program
868	that operates under a contract, the Department of Legal Affairs,
869	a state attorney, the court, or a law enforcement agency. A
870	request for records or information pursuant to this paragraph
871	need not be in writing.
872	(b)  Information specified in paragraphs (1)(c), (e), and
873	(h) to the Office of the Governor, the Legislature, a regional
874	parole board the Parole Commission, the Department of Children
875	and Family Services, a private correctional facility or program
876	that operates under contract, the Department of Legal Affairs, a
877	state attorney, the court, or a law enforcement agency. A
878	request for records or information pursuant to this paragraph
879	must be in writing and a statement provided demonstrating a need
880	for the records or information.
881
882	Records and information released under this subsection remain
883	confidential and exempt from the provisions of s. 119.07(1) and
884	s. 24(a), Art. I of the State Constitution when held by the
885	receiving person or entity.
886	(5)  The Department of Corrections and the regional parole
887	board Parole Commission shall mutually cooperate with respect to
888	maintaining the confidentiality of records that are exempt from
889	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
890	Constitution.
891	Section 42.  Subsection (3) of section 945.47, Florida
892	Statutes, is amended to read:
893	945.47  Discharge of inmate from mental health treatment.--
894	(3)  At any time that an inmate who has received mental
895	health treatment while in the custody of the department becomes
896	eligible for release on parole, a complete record of the
897	inmate's treatment shall be provided to the regional parole
898	board having oversight of the parolee Parole Commission and to
899	the Department of Children and Family Services. The record shall
900	include, at least, the inmate's diagnosis, length of stay in
901	treatment, clinical history, prognosis, prescribed medication,
902	and treatment plan and recommendations for aftercare services.
903	In the event that the inmate is released on parole, the record
904	shall be provided to the parole officer who shall assist the
905	inmate in applying for services from a professional or an agency
906	in the community. The application for treatment and continuation
907	of treatment by the inmate may be made a condition of parole, as
908	provided in s. 947.19(1); and a failure to participate in
909	prescribed treatment may be a basis for initiation of parole
910	violation hearings.
911	Section 43.  Subsection (6) of section 945.73, Florida
912	Statutes, is amended to read:
913	945.73  Inmate training program operation.--
914	(6)  The department shall work cooperatively with the
915	Control Release Authority, the regional parole board Florida
916	Parole Commission, or such other authority as may exist or be
917	established in the future that which is empowered by law to
918	effect the release of an inmate who has successfully completed
919	the requirements established by ss. 945.71-945.74.
920	Section 44.  Subsections (3), (4), and (5) of section
921	947.002, Florida Statutes, are amended to read:
922	947.002  Intent.--
923	(3)  The chair shall be the agency head. While the
924	commission is responsible for making decisions on the granting
925	and revoking of parole, the chair shall establish, execute, and
926	be held accountable for all administrative policy decisions. The
927	routine administrative decisions are the full responsibility of
928	the chair.
929	(4)  Hearing examiners are assigned on the basis of
930	caseload needs as determined by the chair.
931	(3)(5)  It is the intent of the Legislature that the
932	decision to parole an inmate from the incarceration portion of
933	the inmate's sentence is an act of grace of the state and shall
934	not be considered a right.
935	Section 45.  Subsection (1) of section 947.005, Florida
936	Statutes, is amended to read:
937	947.005  Definitions.--As used in this chapter, unless the
938	context clearly indicates otherwise:
939	(1)  "Regional parole board" means a regional parole board
940	established pursuant to 20.32 "Commission" means the Parole
941	Commission.
942	Section 46.  Subsections (1) through (4) of section 947.02,
943	Florida Statutes, are amended, and subsection (6) is added to
944	said section, read:
945	947.02  Regional parole boards Parole Commission; members,
946	appointment.--
947	(1)  Except as provided in s. 947.021, the members of each
948	regional parole board the Parole Commission shall be appointed
949	by the Governor and Cabinet from a list of eligible applicants
950	submitted by a parole qualifications committee. The appointments
951	of members of the commission shall be certified to the Senate by
952	the Governor and Cabinet for confirmation, and the membership of
953	the commission shall include representation from minority
954	persons as defined in s. 288.703.
955	(2)  A parole qualifications committee shall consist of
956	five persons who are appointed by the Governor and Cabinet. One
957	member shall be designated as chair by the Governor and Cabinet.
958	The committee shall provide for statewide advertisement
959	throughout the region and the receiving of applications for any
960	position or positions on the commission and shall devise a plan
961	for the determination of the qualifications of the applicants by
962	investigations and comprehensive evaluations, including, but not
963	limited to, investigation and evaluation of the character,
964	habits, and philosophy of each applicant. Each parole
965	qualifications committee shall exist for 2 years. If additional
966	vacancies on a regional parole board the commission occur during
967	this 2-year period, the committee may advertise and accept
968	additional applications; however, all previously submitted
969	applications shall be considered along with the new applications
970	according to the previously established plan for the evaluation
971	of the qualifications of applicants.
972	(3)  Within 90 days before an anticipated vacancy by
973	expiration of term pursuant to s. 947.03 or upon any other
974	vacancy, the Governor and Cabinet shall appoint a parole
975	qualifications committee if one has not been appointed during
976	the previous 2 years. The committee shall consider applications
977	for the board vacancy commission seat, including the application
978	of an incumbent board member commissioner if he or she applies,
979	according to the provisions of subsection (2). The committee
980	shall submit a list of three eligible applicants, which may
981	include the incumbent if the committee so decides, without
982	recommendation, to the Governor and Cabinet for appointment to
983	the board commission. In the case of an unexpired term, the
984	appointment must be for the remainder of the unexpired term and
985	until a successor is appointed and qualified. If more than one
986	seat is vacant, the committee shall submit a list of eligible
987	applicants, without recommendation, containing a number of names
988	equal to three times the number of vacant seats; however, the
989	names submitted shall not be distinguished by seat, and each
990	submitted applicant shall be considered eligible for each
991	vacancy.
992	(4)  Upon receiving a list of eligible persons from the
993	parole qualifications committee, the Governor and Cabinet may
994	reject the list. If the list is rejected, the committee shall
995	reinitiate the application and examination procedure according
996	to the provisions of subsection (2).
997	(6)  Members of the regional parole boards shall be
998	volunteers and shall not receive compensation for their
999	services. They shall, however, receive reimbursement for travel
1000	expenses and other expenses incurred in carrying out their
1001	official responsibilities.
1002	Section 47.  Section 947.021, Florida Statutes, is amended
1003	to read:
1004	947.021  Regional parole boards Parole Commission;
1005	expedited appointments.--Whenever the Legislature decreases the
1006	membership of the regional parole boards commission, all terms
1007	of office shall expire, notwithstanding any law to the contrary.
1008	Under such circumstances, the Governor and Cabinet shall
1009	expedite the appointment of commissioners. Notwithstanding the
1010	parole qualifications committee procedure in s. 947.02, members
1011	shall be directly appointed by the Governor and Cabinet. Members
1012	appointed to the boards commission may be selected from
1013	incumbents. Members shall be certified to the Senate by the
1014	Governor and Cabinet for confirmation, and the membership of the
1015	commission shall include representation from minority persons as
1016	defined in s. 288.703.
1017	Section 48.  Subsections (2) through (7) and subsection (9)
1018	of section 947.1405, Florida Statutes, are amended to read:
1019	947.1405  Conditional release program.--
1020	(2)  Any inmate who:
1021	(a)  Is convicted of a crime committed on or after October
1022	1, 1988, and before January 1, 1994, and any inmate who is
1023	convicted of a crime committed on or after January 1, 1994,
1024	which crime is or was contained in category 1, category 2,
1025	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
1026	Rules of Criminal Procedure (1993), and who has served at least
1027	one prior felony commitment at a state or federal correctional
1028	institution;
1029	(b)  Is sentenced as a habitual or violent habitual
1030	offender or a violent career criminal pursuant to s. 775.084; or
1031	(c)  Is found to be a sexual predator under s. 775.21 or
1032	former s. 775.23,
1033
1034	shall, upon reaching the tentative release date or provisional
1035	release date, whichever is earlier, as established by the
1036	Department of Corrections, be released under supervision subject
1037	to specified terms and conditions, including payment of the cost
1038	of supervision pursuant to s. 948.09. Such supervision shall be
1039	applicable to all sentences within the overall term of sentences
1040	if an inmate's overall term of sentences includes one or more
1041	sentences that are eligible for conditional release supervision
1042	as provided herein. Effective July 1, 2005 1994, and applicable
1043	for offenses committed on or after that date, the sentencing
1044	court commission may require, as a condition of conditional
1045	release, that the releasee make payment of the debt due and
1046	owing to a county or municipal detention facility under s.
1047	951.032 for medical care, treatment, hospitalization, or
1048	transportation received by the releasee while in that detention
1049	facility. The court commission, in determining whether to order
1050	such repayment and the amount of such repayment, shall consider
1051	the amount of the debt, whether there was any fault of the
1052	institution for the medical expenses incurred, the financial
1053	resources of the releasee, the present and potential future
1054	financial needs and earning ability of the releasee, and
1055	dependents, and other appropriate factors. If Any inmate placed
1056	on conditional release supervision shall be supervised by is
1057	also subject to probation or community control, resulting from a
1058	probationary or community control split sentence within the
1059	overall term of sentences, the Department of Corrections which
1060	shall supervise such person according to the conditions imposed
1061	by the court and the commission shall defer to such supervision.
1062	If the court revokes probation or community control and
1063	resentences the offender to a term of incarceration, such
1064	revocation also constitutes a sufficient basis for the
1065	revocation of the conditional release supervision on any
1066	nonprobationary or noncommunity control sentence without further
1067	hearing by the commission. If any such supervision on any
1068	nonprobationary or noncommunity control sentence is revoked,
1069	such revocation may result in a forfeiture of all gain-time, and
1070	the court commission may revoke the resulting deferred
1071	conditional release supervision or take other action it
1072	considers appropriate. If the term of conditional release
1073	supervision exceeds that of the probation or community control,
1074	then, upon expiration of the probation or community control,
1075	authority for the supervision shall revert to the commission and
1076	the supervision shall be subject to the conditions of
1077	conditional release imposed by the court commission. The
1078	original sentencing court A panel of no fewer than two
1079	commissioners shall establish the terms and conditions of
1080	conditional release at the time of initial sentencing any such
1081	release. The court may alter the original terms of conditional
1082	release at any time based on any additional information that may
1083	become available. If the offense was a controlled substance
1084	violation, the conditions shall include a requirement that the
1085	offender submit to random substance abuse testing intermittently
1086	throughout the term of conditional release supervision, upon the
1087	direction of the correctional probation officer as defined in s.
1088	943.10(3). The court commission shall also determine whether the
1089	terms and conditions of such release have been violated and
1090	whether such violation warrants revocation of the conditional
1091	release.
1092	(3)  As part of the conditional release process, the court
1093	commission, through review and consideration of information
1094	provided by the state attorney, victim, and department, shall
1095	determine:
1096	(a)  The amount of reparation or restitution.
1097	(b)  The consequences of the offense as reported by the
1098	aggrieved party.
1099	(c)  The aggrieved party's fear of the inmate or concerns
1100	about the release of the inmate.
1101	(4)  The department commission shall provide to the
1102	aggrieved party information regarding the manner in which notice
1103	of any developments concerning the status of the inmate during
1104	the term of conditional release may be requested.
1105	(5)  Within 180 days prior to the tentative release date or
1106	provisional release date, whichever is earlier, a representative
1107	of the department shall review the inmate's program
1108	participation, disciplinary record, psychological and medical
1109	records, criminal records, and any other information pertinent
1110	to the impending release and shall provide this information to
1111	the original sentencing court that established the conditions of
1112	conditional release. The department shall gather and compile
1113	information necessary for the commission to make the
1114	determinations set forth in subsection (3). This shall include
1115	information developed during A department representative shall
1116	conduct a personal interview with the inmate for the purpose of
1117	determining the details of the inmate's release plan, including
1118	the inmate's planned residence and employment. The department
1119	representative shall forward the inmate's release plan to the
1120	court commission and recommend any modifications to the original
1121	commission the terms and conditions of the conditional release.
1122	(6)  The court commission shall review the recommendations
1123	of the department, and such other information as it deems
1124	relevant, and may conduct a review of the inmate's record for
1125	the purpose of modifying establishing the original terms and
1126	conditions of the conditional release. The court commission may
1127	impose any special conditions it considers warranted from its
1128	review of the release plan and recommendation. If the court
1129	commission determines that the inmate is eligible for release
1130	under this section, it the commission shall enter an order
1131	establishing the length of supervision and the conditions
1132	attendant thereto. However, an inmate who has been convicted of
1133	a violation of chapter 794 or found by the court to be a sexual
1134	predator is subject to the maximum level of supervision
1135	provided, with the mandatory conditions as required in
1136	subsection (7), and that supervision shall continue through the
1137	end of the releasee's original court-imposed sentence. The
1138	length of supervision must not exceed the maximum penalty
1139	imposed by the court.
1140	(7)(a)  Any inmate who is convicted of a crime committed on
1141	or after October 1, 1995, or who has been previously convicted
1142	of a crime committed on or after October 1, 1995, in violation
1143	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
1144	subject to conditional release supervision, shall have, in
1145	addition to any other conditions imposed, the following special
1146	conditions imposed by the commission:
1147	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court
1148	commission may designate another 8-hour period if the offender's
1149	employment precludes the above specified time, and such
1150	alternative is recommended by the Department of Corrections. If
1151	the court commission determines that imposing a curfew would
1152	endanger the victim, the commission may consider alternative
1153	sanctions.
1154	2.  If the victim was under the age of 18, a prohibition on
1155	living within 1,000 feet of a school, day care center, park,
1156	playground, designated public school bus stop, or other place
1157	where children regularly congregate. A releasee who is subject
1158	to this subparagraph may not relocate to a residence that is
1159	within 1,000 feet of a public school bus stop. Beginning October
1160	1, 2004, the commission or the department may not approve a
1161	residence that is located within 1,000 feet of a school, day
1162	care center, park, playground, designated school bus stop, or
1163	other place where children regularly congregate for any releasee
1164	who is subject to this subparagraph. On October 1, 2004, the
1165	department shall notify each affected school district of the
1166	location of the residence of a releasee 30 days prior to release
1167	and thereafter, if the releasee relocates to a new residence,
1168	shall notify any affected school district of the residence of
1169	the releasee within 30 days after relocation. If, on October 1,
1170	2004, any public school bus stop is located within 1,000 feet of
1171	the existing residence of such releasee, the district school
1172	board shall relocate that school bus stop. Beginning October 1,
1173	2004, a district school board may not establish or relocate a
1174	public school bus stop within 1,000 feet of the residence of a
1175	releasee who is subject to this subparagraph. The failure of the
1176	district school board to comply with this subparagraph shall not
1177	result in a violation of conditional release supervision.
1178	3.  Active participation in and successful completion of a
1179	sex offender treatment program with therapists specifically
1180	trained to treat sex offenders, at the releasee's own expense.
1181	If a specially trained therapist is not available within a 50-
1182	mile radius of the releasee's residence, the offender shall
1183	participate in other appropriate therapy.
1184	4.  A prohibition on any contact with the victim, directly
1185	or indirectly, including through a third person, unless approved
1186	by the victim, the offender's therapist, and the sentencing
1187	court.
1188	5.  If the victim was under the age of 18, a prohibition
1189	against direct contact or association with children under the
1190	age of 18 until all of the following conditions are met:
1191	a.  Successful completion of a sex offender treatment
1192	program.
1193	b.  The adult person who is legally responsible for the
1194	welfare of the child has been advised of the nature of the
1195	crime.
1196	c.  Such adult person is present during all contact or
1197	association with the child.
1198	d.  Such adult person has been approved by the commission.
1199	6.  If the victim was under age 18, a prohibition on
1200	working for pay or as a volunteer at any school, day care
1201	center, park, playground, or other place where children
1202	regularly congregate, as prescribed by the commission.
1203	7.  Unless otherwise indicated in the treatment plan
1204	provided by the sexual offender treatment program, a prohibition
1205	on viewing, owning, or possessing any obscene, pornographic, or
1206	sexually stimulating visual or auditory material, including
1207	telephone, electronic media, computer programs, or computer
1208	services that are relevant to the offender's deviant behavior
1209	pattern.
1210	8.  A requirement that the releasee must submit two
1211	specimens of blood to the Florida Department of Law Enforcement
1212	to be registered with the DNA database.
1213	9.  A requirement that the releasee make restitution to the
1214	victim, as determined by the sentencing court or the commission,
1215	for all necessary medical and related professional services
1216	relating to physical, psychiatric, and psychological care.
1217	10.  Submission to a warrantless search by the community
1218	control or probation officer of the probationer's or community
1219	controllee's person, residence, or vehicle.
1220	(b)  For a releasee whose crime was committed on or after
1221	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1222	827.071, or s. 847.0145, and who is subject to conditional
1223	release supervision, in addition to any other provision of this
1224	subsection, the commission shall impose the following additional
1225	conditions of conditional release supervision are hereby
1226	imposed:
1227	1.  As part of a treatment program, participation in a
1228	minimum of one annual polygraph examination to obtain
1229	information necessary for risk management and treatment and to
1230	reduce the sex offender's denial mechanisms. The polygraph
1231	examination must be conducted by a polygrapher trained
1232	specifically in the use of the polygraph for the monitoring of
1233	sex offenders, where available, and at the expense of the sex
1234	offender. The results of the polygraph examination shall not be
1235	used as evidence in a hearing to prove that a violation of
1236	supervision has occurred.
1237	2.  Maintenance of a driving log and a prohibition against
1238	driving a motor vehicle alone without the prior approval of the
1239	supervising officer.
1240	3.  A prohibition against obtaining or using a post office
1241	box without the prior approval of the supervising officer.
1242	4.  If there was sexual contact, a submission to, at the
1243	probationer's or community controllee's expense, an HIV test
1244	with the results to be released to the victim or the victim's
1245	parent or guardian.
1246	5.  Electronic monitoring of any form when ordered by the
1247	commission.
1248	(9)  The department commission shall adopt rules pursuant
1249	to ss. 120.536(1) and 120.54 necessary to implement the
1250	provisions of the Conditional Release Program Act.
1251	Section 49.  Section 947.141, Florida Statutes, is amended
1252	to read:
1253	947.141  Violations of conditional release, control
1254	release, or conditional medical release or addiction-recovery
1255	supervision.--
1256	(1)  If a member of the department commission or a duly
1257	authorized representative of the commission has reasonable
1258	grounds to believe that an offender who is on release
1259	supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
1260	944.4731 has violated the terms and conditions of the release in
1261	a material respect, the department such member or representative
1262	may cause a warrant to be issued for the arrest of the releasee;
1263	if the offender was found to be a sexual predator, the warrant
1264	must be issued.
1265	(2)  Upon the arrest on a felony charge of an offender who
1266	is on release supervision under s. 947.1405, s. 947.146, s.
1267	947.149, or s. 944.4731, the offender must be detained without
1268	bond until the initial appearance of the offender at which a
1269	judicial determination of probable cause is made. If the trial
1270	court judge determines that there was no probable cause for the
1271	arrest, the offender may be released. If the trial court judge
1272	determines that there was probable cause for the arrest, such
1273	determination also constitutes reasonable grounds to believe
1274	that the offender violated the conditions of the release. Within
1275	24 hours after the trial court judge's finding of probable
1276	cause, the detention facility administrator or designee shall
1277	notify the commission and the department of the finding and
1278	transmit to each a facsimile copy of the probable cause
1279	affidavit or the sworn offense report upon which the trial court
1280	judge's probable cause determination is based. The offender must
1281	continue to be detained without bond for a period not exceeding
1282	72 hours excluding weekends and holidays after the date of the
1283	probable cause determination, pending a decision by the court
1284	commission whether to issue a warrant charging the offender with
1285	violation of the conditions of release. Upon the issuance of the
1286	commission's warrant, the offender must continue to be held in
1287	custody pending a revocation hearing held in accordance with
1288	this section.
1289	(3)  Within 45 days after notice to the Parole Commission
1290	of the arrest of a releasee charged with a violation of the
1291	terms and conditions of conditional release, control release,
1292	conditional medical release, or addiction-recovery supervision,
1293	the releasee must be afforded a hearing conducted by a judge
1294	commissioner or a duly authorized representative thereof. If the
1295	releasee elects to proceed with a hearing, the releasee must be
1296	informed orally and in writing of the following:
1297	(a)  The alleged violation with which the releasee is
1298	charged.
1299	(b)  The releasee's right to be represented by counsel.
1300	(c)  The releasee's right to be heard in person.
1301	(d)  The releasee's right to secure, present, and compel
1302	the attendance of witnesses relevant to the proceeding.
1303	(e)  The releasee's right to produce documents on the
1304	releasee's own behalf.
1305	(f)  The releasee's right of access to all evidence used
1306	against the releasee and to confront and cross-examine adverse
1307	witnesses.
1308	(g)  The releasee's right to waive the hearing.
1309	(4)  Within a reasonable time following the hearing, the
1310	judge commissioner or the judge's commissioner's duly authorized
1311	representative who conducted the hearing shall make findings of
1312	fact in regard to the alleged violation. The judge A panel of no
1313	fewer than two commissioners shall enter an order determining
1314	whether the charge of violation of conditional release, control
1315	release, conditional medical release, or addiction-recovery
1316	supervision has been sustained based upon his or her the
1317	findings of fact or by the findings of the duly presented by the
1318	hearing commissioner or authorized representative. By such
1319	order, the court panel may revoke conditional release, control
1320	release, conditional medical release, or addiction-recovery
1321	supervision and thereby return the releasee to prison to serve
1322	the sentence imposed, reinstate the original order granting the
1323	release, or enter such other order as it considers proper.
1324	Effective for inmates whose offenses were committed on or after
1325	July 1, 1995, the court panel may order the placement of a
1326	releasee, upon a finding of violation pursuant to this
1327	subsection, into a local detention facility as a condition of
1328	supervision.
1329	(5)  Effective for inmates whose offenses were committed on
1330	or after July 1, 1995, notwithstanding the provisions of ss.
1331	775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
1332	951.23, or any other law to the contrary, by such order as
1333	provided in subsection (4), the court panel, upon a finding of
1334	guilt, may, as a condition of continued supervision, place the
1335	releasee in a local detention facility for a period of
1336	incarceration not to exceed 22 months. Prior to the expiration
1337	of the term of incarceration, or upon recommendation of the
1338	chief correctional officer of that county, the court commission
1339	shall cause inquiry into the inmate's release plan and custody
1340	status in the detention facility and consider whether to restore
1341	the inmate to supervision, modify the conditions of supervision,
1342	or enter an order of revocation, thereby causing the return of
1343	the inmate to prison to serve the sentence imposed. The
1344	provisions of this section do not prohibit the court panel from
1345	entering such other order or conducting any investigation that
1346	it deems proper. The court commission may only place a person in
1347	a local detention facility pursuant to this section if there is
1348	a contractual agreement between the chief correctional officer
1349	of that county and the Department of Corrections. The agreement
1350	must provide for a per diem reimbursement for each person placed
1351	under this section, which is payable by the Department of
1352	Corrections for the duration of the offender's placement in the
1353	facility. This section does not limit the court's commission's
1354	ability to place a person in a local detention facility for less
1355	than 1 year.
1356	(6)  Whenever a conditional release, control release,
1357	conditional medical release, or addiction-recovery supervision
1358	is revoked as provided by this section by a panel of no fewer
1359	than two commissioners and the releasee is ordered to be
1360	returned to prison, the releasee, by reason of the misconduct,
1361	shall be deemed to have forfeited all gain-time or commutation
1362	of time for good conduct, as provided for by law, earned up to
1363	the date of release. However, if a conditional medical release
1364	is revoked due to the improved medical or physical condition of
1365	the releasee, the releasee shall not forfeit gain-time accrued
1366	before the date of conditional medical release. This subsection
1367	does not deprive the prisoner of the right to gain-time or
1368	commutation of time for good conduct, as provided by law, from
1369	the date of return to prison.
1370	(7)  If a law enforcement officer has probable cause to
1371	believe that an offender who is on release supervision under s.
1372	947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
1373	the terms and conditions of his or her release by committing a
1374	felony offense, the officer shall arrest the offender without a
1375	warrant, and a warrant need not be issued in the case.
1376	Section 50.  Subsection (1) and paragraph (b) of subsection
1377	(7) of section 947.146, Florida Statutes, are amended to read:
1378	947.146  Control Release Authority.--
1379	(1)  There may be is created a Control Release Authority to
1380	be administratively housed within the Department of Corrections
1381	which shall be composed of five the members appointed by the
1382	Governor who shall also designate the chair of the Parole
1383	Commission and which shall have the same chair as the
1384	commission. The authority shall use utilize such commission
1385	staff from the Department of Corrections as it determines is
1386	necessary to carry out its purposes.
1387	(7)  The authority has the power and duty to:
1388	(b)  Authorize an individual member of the authority
1389	commissioner to postpone a control release date for not more
1390	than 60 days without a hearing for any inmate who has become the
1391	subject of a disciplinary proceeding, a criminal arrest, an
1392	information, or an indictment; who has been terminated from work
1393	release; or about whom there is any recently discovered
1394	information as specified in paragraph (a).
1395	Section 51.  Section 947.181, Florida Statutes, is amended
1396	to read:
1397	947.181  Victim restitution as condition of parole.--
1398	(1)(a)  The regional parole boards Parole Commission shall
1399	require as a condition of parole reparation or restitution to
1400	the aggrieved party for the damage or loss caused by the offense
1401	for which the parolee was imprisoned unless the commission finds
1402	reasons to the contrary. If a regional parole board the
1403	commission does not order restitution or orders only partial
1404	restitution, the commission shall state on the record the
1405	reasons therefor. The amount of such reparation or restitution
1406	shall be determined by the regional parole board having
1407	oversight of the parolee Parole Commission.
1408	(b)  If the parolee fails to make the reparation or
1409	restitution to the aggrieved party as authorized in paragraph
1410	(a), it shall be considered by the court commission as a
1411	violation of parole as specified in s. 947.21 and may be cause
1412	for revocation of her or his parole.
1413	(2)  If a defendant is paroled, any restitution ordered
1414	under s. 775.089 shall be a condition of such parole. The court
1415	Parole Commission may revoke parole if the defendant fails to
1416	comply with such order. In determining whether to revoke parole,
1417	the court Parole Commission shall consider the defendant's
1418	employment status, earning ability, and financial resources; the
1419	willfulness of the defendant's failure to pay; and any other
1420	special circumstances that may have a bearing on the defendant's
1421	ability to pay.
1422	Section 52.  Section 947.185, Florida Statutes, is amended
1423	to read:
1424	947.185  Application for mental retardation services as
1425	condition of parole.--A regional parole board The Parole
1426	Commission may require as a condition of parole that any inmate
1427	who has been diagnosed as mentally retarded as defined in s.
1428	393.063 shall, upon release, apply for retardation services from
1429	the Department of Children and Family Services.
1430	Section 53.  Subsections (1) and (2) of section 947.22,
1431	Florida Statutes, are amended to read:
1432	947.22  Authority to arrest parole violators with or
1433	without warrant.--
1434	(1)  If a court member of the commission or a duly
1435	authorized representative of the commission has reasonable
1436	grounds to believe that a parolee has violated the terms and
1437	conditions of her or his parole in a material respect, it such
1438	member or representative may issue a warrant for the arrest of
1439	such parolee. The warrant shall be returnable before the court a
1440	member of the commission or a duly authorized representative of
1441	the commission. The court commission, a commissioner, or a
1442	parole examiner with approval of the parole examiner supervisor,
1443	may release the parolee on bail or her or his own recognizance,
1444	conditioned upon her or his appearance at any hearings noticed
1445	by the commission. If not released on bail or her or his own
1446	recognizance, the parolee shall be committed to jail pending
1447	hearings pursuant to s. 947.23. The commission, at its election,
1448	may have the hearing conducted by one or more commissioners or
1449	by a duly authorized representative of the commission. Any
1450	parole and probation officer, any officer authorized to serve
1451	criminal process, or any peace officer of this state is
1452	authorized to execute the warrant.
1453	(2)  Any parole and probation officer, when she or he has
1454	reasonable ground to believe that a parolee, control releasee,
1455	or conditional releasee has violated the terms and conditions of
1456	her or his parole, control release, or conditional release in a
1457	material respect, has the right to arrest the releasee or
1458	parolee without warrant and bring her or him forthwith before a
1459	court one or more commissioners or a duly authorized
1460	representative of the Parole Commission or Control Release
1461	Authority; and proceedings shall thereupon be had as provided
1462	herein when a warrant has been issued by a member of the
1463	commission or authority or a duly authorized representative of
1464	the commission or authority.
1465	Section 54.  Paragraph (a) of subsection (1) and
1466	subsections (3) and (6) of section 948.09, Florida Statutes, are
1467	amended to read:
1468	948.09  Payment for cost of supervision and
1469	rehabilitation.--
1470	(1)(a)1.  Any person ordered by the court or, the
1471	Department of Corrections, or the parole commission to be placed
1472	on probation, drug offender probation, community control,
1473	parole, control release, provisional release supervision,
1474	addiction-recovery supervision, or conditional release
1475	supervision under chapter 944, chapter 945, chapter 947, chapter
1476	948, or chapter 958, or in a pretrial intervention program,
1477	must, as a condition of any placement, pay the department a
1478	total sum of money equal to the total month or portion of a
1479	month of supervision times the court-ordered amount, but not to
1480	exceed the actual per diem cost of the supervision. The
1481	department shall adopt rules by which an offender who pays in
1482	full and in advance of regular termination of supervision may
1483	receive a reduction in the amount due. The rules shall
1484	incorporate provisions by which the offender's ability to pay is
1485	linked to an established written payment plan. Funds collected
1486	from felony offenders may be used to offset costs of the
1487	Department of Corrections associated with community supervision
1488	programs, subject to appropriation by the Legislature.
1489	2.  In addition to any other contribution or surcharge
1490	imposed by this section, each felony offender assessed under
1491	this paragraph shall pay a $2-per-month surcharge to the
1492	department. The surcharge shall be deemed to be paid only after
1493	the full amount of any monthly payment required by the
1494	established written payment plan has been collected by the
1495	department. These funds shall be used by the department to pay
1496	for correctional probation officers' training and equipment,
1497	including radios, and firearms training, firearms, and attendant
1498	equipment necessary to train and equip officers who choose to
1499	carry a concealed firearm while on duty. Nothing in this
1500	subparagraph shall be construed to limit the department's
1501	authority to determine who shall be authorized to carry a
1502	concealed firearm while on duty, or to limit the right of a
1503	correctional probation officer to carry a personal firearm
1504	approved by the department.
1505	(3)  Any failure to pay contribution as required under this
1506	section may constitute a ground for the revocation of probation,
1507	parole, or conditional release by the court, the revocation of
1508	parole or conditional release by the Parole Commission, the
1509	revocation of control release by the Control Release Authority,
1510	or removal from the pretrial intervention program by the state
1511	attorney. The Department of Corrections may exempt a person from
1512	the payment of all or any part of the contribution if it finds
1513	any of the following factors to exist:
1514	(a)  The offender has diligently attempted, but has been
1515	unable, to obtain employment which provides him or her
1516	sufficient income to make such payments.
1517	(b)  The offender is a student in a school, college,
1518	university, or course of career training designed to fit the
1519	student for gainful employment. Certification of such student
1520	status shall be supplied to the Secretary of Corrections by the
1521	educational institution in which the offender is enrolled.
1522	(c)  The offender has an employment handicap, as determined
1523	by a physical, psychological, or psychiatric examination
1524	acceptable to, or ordered by, the secretary.
1525	(d)  The offender's age prevents him or her from obtaining
1526	employment.
1527	(e)  The offender is responsible for the support of
1528	dependents, and the payment of such contribution constitutes an
1529	undue hardship on the offender.
1530	(f)  The offender has been transferred outside the state
1531	under an interstate compact adopted pursuant to chapter 949.
1532	(g)  There are other extenuating circumstances, as
1533	determined by the secretary.
1534	(6)  In addition to any other required contributions, the
1535	department, at its discretion, may require offenders under any
1536	form of supervision to submit to and pay for urinalysis testing
1537	to identify drug usage as part of the rehabilitation program.
1538	Any failure to make such payment, or participate, may be
1539	considered a ground for revocation by the court, the Parole
1540	Commission, or the Control Release Authority, or for removal
1541	from the pretrial intervention program by the state attorney.
1542	The department may exempt a person from such payment if it
1543	determines that any of the factors specified in subsection (3)
1544	exist.
1545	Section 55.  Subsection (1) of section 948.10, Florida
1546	Statutes, is amended to read:
1547	948.10  Community control programs.--
1548	(1)  The Department of Corrections shall develop and
1549	administer a community control program. Such community control
1550	program and required manuals shall be developed in consultation
1551	with the Florida Conference of Circuit Court Judges and the
1552	office of the State Courts Administrator. This complementary
1553	program shall be rigidly structured and designed to accommodate
1554	offenders who, in the absence of such a program, would have been
1555	incarcerated. The program shall focus on the provision of
1556	sanctions and consequences which are commensurate with the
1557	seriousness of the crime. The program shall offer the courts and
1558	the regional parole boards Parole Commission an alternative,
1559	community-based method to punish an offender in lieu of
1560	incarceration when the offender is a member of one of the
1561	following target groups:
1562	(a)  Probation violators charged with technical violations
1563	or misdemeanor violations.
1564	(b)  Parole violators charged with technical violations or
1565	misdemeanor violations.
1566	(c)  Individuals found guilty of felonies, who, due to
1567	their criminal backgrounds or the seriousness of the offenses,
1568	would not be placed on regular probation.
1569	Section 56.  Section 949.05, Florida Statutes, is amended
1570	to read:
1571	949.05  Constitutionality.--
1572	(1)  If any clause, sentence, paragraph, section, or part
1573	of chapters 947-949 shall for any reason be adjudged by any
1574	court of competent jurisdiction to be unconstitutional, invalid,
1575	or void, such judgment shall not affect, impair, or invalidate
1576	the remainder of the law, but shall be confined in its operation
1577	to the clause, sentence, paragraph, section, or part thereof
1578	directly involved in the controversy in which such judgment
1579	shall have been rendered.
1580	(2)  If the method of selecting the commission members as
1581	herein provided is found to be invalid by reason of the vesting
1582	of the appointing power in the Governor and the Cabinet, the
1583	members of the Parole Commission herein provided for shall be
1584	appointed by the Governor.
1585	Section 57.  Subsection (6) of section 957.06, Florida
1586	Statutes, is amended to read:
1587	957.06  Powers and duties not delegable to contractor.--A
1588	contract entered into under this chapter does not authorize,
1589	allow, or imply a delegation of authority to the contractor to:
1590	(6)  Make recommendations to a regional parole board the
1591	Parole Commission with respect to the denial or granting of
1592	parole, control release, conditional release, or conditional
1593	medical release. However, the contractor may submit written
1594	reports to a regional parole board the Parole Commission and
1595	must respond to a written request by a regional parole board the
1596	Parole Commission for information.
1597	Section 58.  Paragraph (c) of subsection (8) of section
1598	958.045, Florida Statutes, is amended to read:
1599	958.045  Youthful offender basic training program.--
1600	(8)
1601	(c)  The department shall work cooperatively with the
1602	Control Release Authority or the regional parole board having
1603	oversight over the parole-eligible individual Parole Commission
1604	to effect the release of an offender who has successfully
1605	completed the requirements of the basic training program.
1606	Section 59.  Subsection (1) of section 960.001, Florida
1607	Statutes, is amended to read:
1608	960.001  Guidelines for fair treatment of victims and
1609	witnesses in the criminal justice and juvenile justice
1610	systems.--
1611	(1)  The Department of Legal Affairs, the state attorneys,
1612	the Department of Corrections, the Department of Juvenile
1613	Justice, the Parole Commission, the State Courts Administrator
1614	and circuit court administrators, the Department of Law
1615	Enforcement, and every sheriff's department, police department,
1616	or other law enforcement agency as defined in s. 943.10(4) shall
1617	develop and implement guidelines for the use of their respective
1618	agencies, which guidelines are consistent with the purposes of
1619	this act and s. 16(b), Art. I of the State Constitution and are
1620	designed to implement the provisions of s. 16(b), Art. I of the
1621	State Constitution and to achieve the following objectives:
1622	(a)  Information concerning services available to victims
1623	of adult and juvenile crime.--As provided in s. 27.0065, state
1624	attorneys and public defenders shall gather information
1625	regarding the following services in the geographic boundaries of
1626	their respective circuits and shall provide such information to
1627	each law enforcement agency with jurisdiction within such
1628	geographic boundaries. Law enforcement personnel shall ensure,
1629	through distribution of a victim's rights information card or
1630	brochure at the crime scene, during the criminal investigation,
1631	and in any other appropriate manner, that victims are given, as
1632	a matter of course at the earliest possible time, information
1633	about:
1634	1.  The availability of crime victim compensation, when
1635	applicable;
1636	2.  Crisis intervention services, supportive or bereavement
1637	counseling, social service support referrals, and community-
1638	based victim treatment programs;
1639	3.  The role of the victim in the criminal or juvenile
1640	justice process, including what the victim may expect from the
1641	system as well as what the system expects from the victim;
1642	4.  The stages in the criminal or juvenile justice process
1643	which are of significance to the victim and the manner in which
1644	information about such stages can be obtained;
1645	5.  The right of a victim, who is not incarcerated,
1646	including the victim's parent or guardian if the victim is a
1647	minor, the lawful representative of the victim or of the
1648	victim's parent or guardian if the victim is a minor, and the
1649	next of kin of a homicide victim, to be informed, to be present,
1650	and to be heard when relevant, at all crucial stages of a
1651	criminal or juvenile proceeding, to the extent that this right
1652	does not interfere with constitutional rights of the accused, as
1653	provided by s. 16(b), Art. I of the State Constitution;
1654	6.  In the case of incarcerated victims, the right to be
1655	informed and to submit written statements at all crucial stages
1656	of the criminal proceedings, parole proceedings, or juvenile
1657	proceedings; and
1658	7.  The right of a victim to a prompt and timely
1659	disposition of the case in order to minimize the period during
1660	which the victim must endure the responsibilities and stress
1661	involved to the extent that this right does not interfere with
1662	the constitutional rights of the accused.
1663	(b)  Information for purposes of notifying victim or
1664	appropriate next of kin of victim or other designated contact of
1665	victim.--In the case of a homicide, pursuant to chapter 782; or
1666	a sexual offense, pursuant to chapter 794; or an attempted
1667	murder or sexual offense, pursuant to chapter 777; or stalking,
1668	pursuant to s. 784.048; or domestic violence, pursuant to s.
1669	25.385:
1670	1.  The arresting law enforcement officer or personnel of
1671	an organization that provides assistance to a victim or to the
1672	appropriate next of kin of the victim or other designated
1673	contact must request that the victim or appropriate next of kin
1674	of the victim or other designated contact complete a victim
1675	notification card. However, the victim or appropriate next of
1676	kin of the victim or other designated contact may choose not to
1677	complete the victim notification card.
1678	2.  Unless the victim or the appropriate next of kin of the
1679	victim or other designated contact waives the option to complete
1680	the victim notification card, a copy of the victim notification
1681	card must be filed with the incident report or warrant in the
1682	sheriff's office of the jurisdiction in which the incident
1683	report or warrant originated. The notification card shall, at a
1684	minimum, consist of:
1685	a.  The name, address, and phone number of the victim; or
1686	b.  The name, address, and phone number of the appropriate
1687	next of kin of the victim; or
1688	c.  The name, address, and phone number of a designated
1689	contact other than the victim or appropriate next of kin of the
1690	victim; and
1691	d.  Any relevant identification or case numbers assigned to
1692	the case.
1693	3.  The chief administrator, or a person designated by the
1694	chief administrator, of a county jail, municipal jail, juvenile
1695	detention facility, or residential commitment facility shall
1696	make a reasonable attempt to notify the alleged victim or
1697	appropriate next of kin of the alleged victim or other
1698	designated contact within 4 hours following the release of the
1699	defendant on bail or, in the case of a juvenile offender, upon
1700	the release from residential detention or commitment. If the
1701	chief administrator, or designee, is unable to contact the
1702	alleged victim or appropriate next of kin of the alleged victim
1703	or other designated contact by telephone, the chief
1704	administrator, or designee, must send to the alleged victim or
1705	appropriate next of kin of the alleged victim or other
1706	designated contact a written notification of the defendant's
1707	release.
1708	4.  Unless otherwise requested by the victim or the
1709	appropriate next of kin of the victim or other designated
1710	contact, the information contained on the victim notification
1711	card must be sent by the chief administrator, or designee, of
1712	the appropriate facility to the subsequent correctional or
1713	residential commitment facility following the sentencing and
1714	incarceration of the defendant, and unless otherwise requested
1715	by the victim or the appropriate next of kin of the victim or
1716	other designated contact, he or she must be notified of the
1717	release of the defendant from incarceration as provided by law.
1718	5.  If the defendant was arrested pursuant to a warrant
1719	issued or taken into custody pursuant to s. 985.207 in a
1720	jurisdiction other than the jurisdiction in which the defendant
1721	is being released, and the alleged victim or appropriate next of
1722	kin of the alleged victim or other designated contact does not
1723	waive the option for notification of release, the chief
1724	correctional officer or chief administrator of the facility
1725	releasing the defendant shall make a reasonable attempt to
1726	immediately notify the chief correctional officer of the
1727	jurisdiction in which the warrant was issued or the juvenile was
1728	taken into custody pursuant to s. 985.207, and the chief
1729	correctional officer of that jurisdiction shall make a
1730	reasonable attempt to notify the alleged victim or appropriate
1731	next of kin of the alleged victim or other designated contact,
1732	as provided in this paragraph, that the defendant has been or
1733	will be released.
1734	(c)  Information concerning protection available to victim
1735	or witness.--A victim or witness shall be furnished, as a matter
1736	of course, with information on steps that are available to law
1737	enforcement officers and state attorneys to protect victims and
1738	witnesses from intimidation. Victims of domestic violence shall
1739	also be given information about the address confidentiality
1740	program provided under s. 741.403.
1741	(d)  Notification of scheduling changes.--Each victim or
1742	witness who has been scheduled to attend a criminal or juvenile
1743	justice proceeding shall be notified as soon as possible by the
1744	agency scheduling his or her appearance of any change in
1745	scheduling which will affect his or her appearance.
1746	(e)  Advance notification to victim or relative of victim
1747	concerning judicial proceedings; right to be present.--Any
1748	victim, parent, guardian, or lawful representative of a minor
1749	who is a victim, or relative of a homicide victim shall receive
1750	from the appropriate agency, at the address found in the police
1751	report or the victim notification card if such has been provided
1752	to the agency, prompt advance notification, unless the agency
1753	itself does not have advance notification, of judicial and
1754	postjudicial proceedings relating to his or her case, including
1755	all proceedings or hearings relating to:
1756	1.  The arrest of an accused;
1757	2.  The release of the accused pending judicial proceedings
1758	or any modification of release conditions; and
1759	3.  Proceedings in the prosecution or petition for
1760	delinquency of the accused, including the filing of the
1761	accusatory instrument, the arraignment, disposition of the
1762	accusatory instrument, trial or adjudicatory hearing, sentencing
1763	or disposition hearing, appellate review, subsequent
1764	modification of sentence, collateral attack of a judgment, and,
1765	when a term of imprisonment, detention, or residential
1766	commitment is imposed, the release of the defendant or juvenile
1767	offender from such imprisonment, detention, or residential
1768	commitment by expiration of sentence or parole and any meeting
1769	held to consider such release.
1770
1771	A victim, a victim's parent or guardian if the victim is a
1772	minor, a lawful representative of the victim or of the victim's
1773	parent or guardian if the victim is a minor, or a victim's next
1774	of kin may not be excluded from any portion of any hearing,
1775	trial, or proceeding pertaining to the offense based solely on
1776	the fact that such person is subpoenaed to testify, unless, upon
1777	motion, the court determines such person's presence to be
1778	prejudicial. The appropriate agency with respect to notification
1779	under subparagraph 1. is the arresting law enforcement agency,
1780	and the appropriate agency with respect to notification under
1781	subparagraphs 2. and 3. is the Attorney General or state
1782	attorney, unless the notification relates to a hearing
1783	concerning parole, in which case the appropriate agency is the
1784	Parole Commission. The Department of Corrections, the Department
1785	of Juvenile Justice, or the sheriff is the appropriate agency
1786	with respect to release by expiration of sentence or any other
1787	release program provided by law. Any victim may waive
1788	notification at any time, and such waiver shall be noted in the
1789	agency's files.
1790	(f)  Information concerning release from incarceration from
1791	a county jail, municipal jail, juvenile detention facility, or
1792	residential commitment facility.--The chief administrator, or a
1793	person designated by the chief administrator, of a county jail,
1794	municipal jail, juvenile detention facility, or residential
1795	commitment facility shall, upon the request of the victim or the
1796	appropriate next of kin of a victim or other designated contact
1797	of the victim of any of the crimes specified in paragraph (b),
1798	make a reasonable attempt to notify the victim or appropriate
1799	next of kin of the victim or other designated contact prior to
1800	the defendant's or offender's release from incarceration,
1801	detention, or residential commitment if the victim notification
1802	card has been provided pursuant to paragraph (b). If prior
1803	notification is not successful, a reasonable attempt must be
1804	made to notify the victim or appropriate next of kin of the
1805	victim or other designated contact within 4 hours following the
1806	release of the defendant or offender from incarceration,
1807	detention, or residential commitment. If the defendant is
1808	released following sentencing, disposition, or furlough, the
1809	chief administrator or designee shall make a reasonable attempt
1810	to notify the victim or the appropriate next of kin of the
1811	victim or other designated contact within 4 hours following the
1812	release of the defendant. If the chief administrator or designee
1813	is unable to contact the victim or appropriate next of kin of
1814	the victim or other designated contact by telephone, the chief
1815	administrator or designee must send to the victim or appropriate
1816	next of kin of the victim or other designated contact a written
1817	notification of the defendant's or offender's release.
1818	(g)  Consultation with victim or guardian or family of
1819	victim.--
1820	1.  In addition to being notified of the provisions of s.
1821	921.143, the victim of a felony involving physical or emotional
1822	injury or trauma or, in a case in which the victim is a minor
1823	child or in a homicide, the guardian or family of the victim
1824	shall be consulted by the state attorney in order to obtain the
1825	views of the victim or family about the disposition of any
1826	criminal or juvenile case brought as a result of such crime,
1827	including the views of the victim or family about:
1828	a.  The release of the accused pending judicial
1829	proceedings;
1830	b.  Plea agreements;
1831	c.  Participation in pretrial diversion programs; and
1832	d.  Sentencing of the accused.
1833	2.  Upon request, the state attorney shall permit the
1834	victim, the victim's parent or guardian if the victim is a
1835	minor, the lawful representative of the victim or of the
1836	victim's parent or guardian if the victim is a minor, or the
1837	victim's next of kin in the case of a homicide to review a copy
1838	of the presentence investigation report prior to the sentencing
1839	hearing if one was completed. Any confidential information that
1840	pertains to medical history, mental health, or substance abuse
1841	and any information that pertains to any other victim shall be
1842	redacted from the copy of the report. Any person who reviews the
1843	report pursuant to this paragraph must maintain the
1844	confidentiality of the report and shall not disclose its
1845	contents to any person except statements made to the state
1846	attorney or the court.
1847	3.  When an inmate has been approved for community work
1848	release, the Department of Corrections shall, upon request and
1849	as provided in s. 944.605, notify the victim, the victim's
1850	parent or guardian if the victim is a minor, the lawful
1851	representative of the victim or of the victim's parent or
1852	guardian if the victim is a minor, or the victim's next of kin
1853	if the victim is a homicide victim.
1854	(h)  Return of property to victim.--Law enforcement
1855	agencies and the state attorney shall promptly return a victim's
1856	property held for evidentiary purposes unless there is a
1857	compelling law enforcement reason for retaining it. The trial or
1858	juvenile court exercising jurisdiction over the criminal or
1859	juvenile proceeding may enter appropriate orders to implement
1860	the provisions of this subsection, including allowing
1861	photographs of the victim's property to be used as evidence at
1862	the criminal trial or the juvenile proceeding in place of the
1863	victim's property when no substantial evidentiary issue related
1864	thereto is in dispute.
1865	(i)  Notification to employer and explanation to creditors
1866	of victim or witness.--A victim or witness who so requests shall
1867	be assisted by law enforcement agencies and the state attorney
1868	in informing his or her employer that the need for victim and
1869	witness cooperation in the prosecution of the case may
1870	necessitate the absence of that victim or witness from work. A
1871	victim or witness who, as a direct result of a crime or of his
1872	or her cooperation with law enforcement agencies or a state
1873	attorney, is subjected to serious financial strain shall be
1874	assisted by such agencies and state attorney in explaining to
1875	the creditors of such victim or witness the reason for such
1876	serious financial strain.
1877	(j)  Notification of right to request restitution.--Law
1878	enforcement agencies and the state attorney shall inform the
1879	victim of the victim's right to request and receive restitution
1880	pursuant to s. 775.089 or s. 985.231(1)(a)1., and of the
1881	victim's rights of enforcement under ss. 775.089(6) and 985.201
1882	in the event an offender does not comply with a restitution
1883	order. The state attorney shall seek the assistance of the
1884	victim in the documentation of the victim's losses for the
1885	purpose of requesting and receiving restitution. In addition,
1886	the state attorney shall inform the victim if and when
1887	restitution is ordered. If an order of restitution is converted
1888	to a civil lien or civil judgment against the defendant, the
1889	clerks shall make available at their office, as well as on their
1890	website, information provided by the Secretary of State, the
1891	court, or The Florida Bar on enforcing the civil lien or
1892	judgment.
1893	(k)  Notification of right to submit impact statement.--The
1894	state attorney shall inform the victim of the victim's right to
1895	submit an oral or written impact statement pursuant to s.
1896	921.143 and shall assist in the preparation of such statement if
1897	necessary.
1898	(l)  Local witness coordination services.--The requirements
1899	for notification provided for in paragraphs (c), (d), and (i)
1900	may be performed by the state attorney or public defender for
1901	their own witnesses.
1902	(m)  Victim assistance education and training.--Victim
1903	assistance education and training shall be offered to persons
1904	taking courses at law enforcement training facilities and to
1905	state attorneys and assistant state attorneys so that victims
1906	may be promptly, properly, and completely assisted.
1907	(n)  General victim assistance.--Victims and witnesses
1908	shall be provided with such other assistance, such as
1909	transportation, parking, separate pretrial waiting areas, and
1910	translator services in attending court, as is practicable.
1911	(o)  Victim's rights information card or brochure.--A
1912	victim of a crime shall be provided with a victim's rights
1913	information card or brochure containing essential information
1914	concerning the rights of a victim and services available to a
1915	victim as required by state law.
1916	(p)  Information concerning escape from a state
1917	correctional institution, county jail, juvenile detention
1918	facility, or residential commitment facility.--In any case where
1919	an offender escapes from a state correctional institution,
1920	private correctional facility, county jail, juvenile detention
1921	facility, or residential commitment facility, the institution of
1922	confinement shall immediately notify the state attorney of the
1923	jurisdiction where the criminal charge or petition for
1924	delinquency arose and the judge who imposed the sentence of
1925	incarceration. The state attorney shall thereupon make every
1926	effort to notify the victim, material witness, parents or legal
1927	guardian of a minor who is a victim or witness, or immediate
1928	relatives of a homicide victim of the escapee. The state
1929	attorney shall also notify the sheriff of the county where the
1930	criminal charge or petition for delinquency arose. The sheriff
1931	shall offer assistance upon request. When an escaped offender is
1932	subsequently captured or is captured and returned to the
1933	institution of confinement, the institution of confinement shall
1934	again immediately notify the appropriate state attorney and
1935	sentencing judge pursuant to this section.
1936	(q)  Presence of victim advocate during discovery
1937	deposition; testimony of victim of a sexual offense.--At the
1938	request of the victim or the victim's parent, guardian, or
1939	lawful representative, the victim advocate designated by state
1940	attorney's office, sheriff's office, or municipal police
1941	department, or one representative from a not-for-profit victim
1942	services organization, including, but not limited to, rape
1943	crisis centers, domestic violence advocacy groups, and alcohol
1944	abuse or substance abuse groups shall be permitted to attend and
1945	be present during any deposition of the victim. The victim of a
1946	sexual offense shall be informed of the right to have the
1947	courtroom cleared of certain persons as provided in s. 918.16
1948	when the victim is testifying concerning that offense.
1949	(r)  Implementing crime prevention in order to protect the
1950	safety of persons and property, as prescribed in the State
1951	Comprehensive Plan.--By preventing crimes that create victims or
1952	further harm former victims, crime prevention efforts are an
1953	essential part of providing effective service for victims and
1954	witnesses. Therefore, the agencies identified in this subsection
1955	may participate in and expend funds for crime prevention, public
1956	awareness, public participation, and educational activities
1957	directly relating to, and in furtherance of, existing public
1958	safety statutes. Furthermore, funds may not be expended for the
1959	purpose of influencing public opinion on public policy issues
1960	that have not been resolved by the Legislature or the
1961	electorate.
1962	(s)  Attendance of victim at same school as
1963	defendant.--When the victim of an offense committed by a
1964	juvenile is a minor, the Department of Juvenile Justice shall
1965	request information to determine if the victim, or any sibling
1966	of the victim, attends or is eligible to attend the same school
1967	as the offender. However, if the offender is subject to a
1968	presentence investigation by the Department of Corrections, the
1969	Department of Corrections shall make such request. If the victim
1970	or any sibling of the victim attends or is eligible to attend
1971	the same school as that of the offender, the appropriate agency
1972	shall notify the victim's parent or legal guardian of the right
1973	to attend the sentencing or disposition of the offender and
1974	request that the offender be required to attend a different
1975	school.
1976	Section 60.  Subsection (3) of section 960.17, Florida
1977	Statutes, is amended to read:
1978	960.17  Award constitutes debt owed to state.--
1979	(3)  The regional parole board with jurisdiction over the
1980	parole-eligible offender Parole Commission shall make the
1981	payment of the debt to the state a condition of parole under
1982	chapter 947, unless the board commission finds reasons to the
1983	contrary. If the board commission does not order payment, or
1984	orders only partial payment, it shall state on the record the
1985	reasons therefor.
1986	Section 61.  Paragraph (a) of subsection (3) of section
1987	985.04, Florida Statutes, is amended to read:
1988	985.04  Oaths; records; confidential information.--
1989	(3)(a)  Except as provided in subsections (2), (4), (5),
1990	and (6), and s. 943.053, all information obtained under this
1991	part in the discharge of official duty by any judge, any
1992	employee of the court, any authorized agent of the Department of
1993	Juvenile Justice, the regional parole boards Parole Commission,
1994	the Department of Corrections, the juvenile justice circuit
1995	boards, any law enforcement agent, or any licensed professional
1996	or licensed community agency representative participating in the
1997	assessment or treatment of a juvenile is confidential and may be
1998	disclosed only to the authorized personnel of the court, the
1999	Department of Juvenile Justice and its designees, the Department
2000	of Corrections, the regional parole boards Parole Commission,
2001	law enforcement agents, school superintendents and their
2002	designees, any licensed professional or licensed community
2003	agency representative participating in the assessment or
2004	treatment of a juvenile, and others entitled under this chapter
2005	to receive that information, or upon order of the court. Within
2006	each county, the sheriff, the chiefs of police, the district
2007	school superintendent, and the department shall enter into an
2008	interagency agreement for the purpose of sharing information
2009	about juvenile offenders among all parties. The agreement must
2010	specify the conditions under which summary criminal history
2011	information is to be made available to appropriate school
2012	personnel, and the conditions under which school records are to
2013	be made available to appropriate department personnel. Such
2014	agreement shall require notification to any classroom teacher of
2015	assignment to the teacher's classroom of a juvenile who has been
2016	placed in a probation or commitment program for a felony
2017	offense. The agencies entering into such agreement must comply
2018	with s. 943.0525, and must maintain the confidentiality of
2019	information that is otherwise exempt from s. 119.07(1), as
2020	provided by law.
2021	Section 62.  Subsection (2) of section 985.05, Florida
2022	Statutes, is amended to read:
2023	985.05  Court records.--
2024	(2)  The clerk shall keep all official records required by
2025	this section separate from other records of the circuit court,
2026	except those records pertaining to motor vehicle violations,
2027	which shall be forwarded to the Department of Highway Safety and
2028	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2029	official records required by this part are not open to
2030	inspection by the public, but may be inspected only upon order
2031	of the court by persons deemed by the court to have a proper
2032	interest therein, except that a child and the parents,
2033	guardians, or legal custodians of the child and their attorneys,
2034	law enforcement agencies, the Department of Juvenile Justice and
2035	its designees, a regional parole board the Parole Commission,
2036	and the Department of Corrections shall always have the right to
2037	inspect and copy any official record pertaining to the child.
2038	The court may permit authorized representatives of recognized
2039	organizations compiling statistics for proper purposes to
2040	inspect, and make abstracts from, official records under
2041	whatever conditions upon the use and disposition of such records
2042	the court may deem proper and may punish by contempt proceedings
2043	any violation of those conditions.
2044	Section 63.  Subsection (1) of section 784.078, Florida
2045	Statutes, is amended to read:
2046	784.078  Battery of facility employee by throwing, tossing,
2047	or expelling certain fluids or materials.--
2048	(1)  As used in this section, the term "facility" means a
2049	state correctional institution defined in s. 944.02(6); a
2050	private correctional facility defined in s. 944.710 or under
2051	chapter 957; a county, municipal, or regional jail or other
2052	detention facility of local government under chapter 950 or
2053	chapter 951; or a secure facility operated and maintained by the
2054	Department of Corrections or the Department of Juvenile Justice.
2055	Section 64.  Support for the Governor and Cabinet acting in
2056	their capacity as the Executive Board of Clemency is hereby
2057	transferred from the Parole Commission to the Executive Office
2058	of the Governor by a type two transfer as provided in s. 20.06,
2059	Florida Statutes.
2060	Section 65.  Sections 947.01 and 947.022, Florida Statutes,
2061	are repealed.
2062	Section 66. The Division of Statutory Revision of the
2063	Office of Legislative Services shall redesignate, in the next
2064	edition of the Florida Statutes, the title of chapter 947,
2065	Florida Statutes, as "Regional Parole Boards."
2066	Section 67.  Except as otherwise provided, this act shall
2067	take effect June 1, 2006.
2068
2069	================ T I T L E  A M E N D M E N T =============
2070	Remove line 17 and insert:
2071
2072	proposals for a private correctional facility; amending ss.
2073	20.315, 20.32, 23.21, 112.011, 186.005, 255.502, 322.16,
2074	394.926, 394.927, 775.089, 775.16, 784.07, 784.078, 843.01,
2075	843.02, 843.08, 893.11, 921.001, 921.16, 921.20, 921.21, 921.22,
2076	940.03, 940.05, 941.23, 943.0311, 943.06, 944.012, 944.02
2077	944.024, 944.23, 944.291, 944.4731, 945.091, 945.10, 945.47,
2078	945.73, 947.002, 947.005, 947.02, 947.021, 947.1405, 947.141,
2079	947.146, 947.181, 947.185, 947.22, 948.09, 948.10, 949.05,
2080	957.06, 958.045, 960.001, 960.17, 985.04, and 985.05, F.S.;
2081	abolishing the Parole Commission; providing for the creation of
2082	regional parole boards; providing for membership, powers, and
2083	duties of such boards; providing for assignment of inmates to
2084	boards; conforming provisions; amending s. 784.078, F.S.;
2085	conforming a cross reference; repealing s. 947.01, F.S.,
2086	relating to the creation of the Parole Commission; repealing s.
2087	947.022, F.S., relating to terms of members of the Parole
2088	Commission; transferring support for the Governor and Cabinet
2089	acting in their capacity as the Executive Board of Clemency from
2090	the Parole Commission to the Executive Office of the Governor;
2091	providing a directive to the Division of Statutory Revision;
2092	providing

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