CS/HB 7085

1	A bill to be entitled
2	An act relating to criminal justice; amending s. 940.061,
3	F.S.; requiring the Department of Corrections to send the
4	Parole Commission a monthly electronic list containing the
5	names of inmates released from incarceration and offenders
6	who have been terminated from supervision and who may be
7	eligible for restoration of civil rights; repealing s.
8	944.293, F.S., relating to procedures for initiation of
9	civil rights restoration; amending s. 944.35, F.S.;
10	applying provisions prohibiting sexual misconduct to
11	employees of private correctional facilities; providing
12	penalties; creating s. 945.604, F.S.; defining the term
13	"claim" for purposes of the State of Florida Correctional
14	Medical Authority act; providing for filing and payment of
15	medical claims for payment or underpayment; providing for
16	filing and payment of claims for overpayment; providing
17	for recovery of overpayment of claims; creating s.
18	945.6041, F.S.; providing definitions; providing limits on
19	reimbursement for certain inmate medical expenses when
20	there is no contract between the Department of Corrections
21	or a private correctional facility and the health care
22	provider or provider of emergency medical transportation
23	services; amending s. 947.1405, F.S.; providing that
24	persons on supervision who are electronically monitored
25	pay for the monitoring; providing exceptions; providing
26	for disposition of funds collected; amending s. 948.001,
27	F.S.; deleting the definition of the term "criminal
28	quarantine community control"; amending s. 775.0877, F.S.;
29	revising the penalty for criminal transmission of HIV;
30	conforming provisions to changes made by the act; amending
31	ss. 384.34, 796.08, and 921.187, F.S.; conforming
32	provisions to changes made by the act; amending s. 948.01,
33	F.S.; providing for development and distribution of
34	uniform order of supervision forms; requiring use of such
35	forms; amending s. 948.03, F.S.; providing as a condition
36	of probation, community control, or any other form of
37	court-ordered supervision that an offender live without
38	violating any law; providing that a conviction in a court
39	of law is not necessary for a violation of law to
40	constitute a violation of such a condition; eliminating a
41	requirement that a probation officer consent to possession
42	of a firearm by a probationer with court authorization;
43	requiring that an offender on probation or community
44	control submit to the taking of a digitized photograph;
45	providing for display of such photographs on the
46	department's public website while the offender is on
47	supervision; providing exceptions; amending s. 948.09,
48	F.S.; revising language relating to payments by persons on
49	supervision for the costs of electronic monitoring
50	services; providing exemptions; conforming a cross-
51	reference; amending s. 948.101, F.S.; deleting provisions
52	relating to criminal quarantine community control;
53	amending s. 948.11, F.S.; deleting provisions relating to
54	criminal quarantine community control; deleting the
55	requirement that for offenders being electronically
56	monitored, the Department of Corrections develop specified
57	procedures concerning offender's noncompliance; deleting a
58	provision allowing the Department of Corrections to
59	contract for local law enforcement assistance with
60	noncompliant offenders; revising language relating to
61	payment for electronic monitoring to conform to changes
62	made by the act; amending s. 951.23, F.S.; eliminating the
63	requirements for collection of certain information from
64	the administrator of each county detention facility;
65	correcting a cross-reference; amending s. 958.045, F.S.;
66	requiring a report to be submitted to the court concerning
67	an offender's performance while in youthful offender basic
68	training within a specified period prior to the offender's
69	scheduled release; providing for specified court actions
70	if the offender's performance is satisfactory; amending s.
71	960.292, F.S.; providing for retention of court
72	jurisdiction over certain offenders for a specified period
73	after release from incarceration or supervision for the
74	sole purpose of entering civil restitution orders;
75	amending s. 960.293, F.S.; providing that damages due from
76	an offender for correctional costs be based upon the
77	length of the sentence imposed by the court at the time of
78	sentencing; amending s. 960.297, F.S.; providing a time
79	period in which civil actions for the costs of
80	incarceration may be initiated; providing an effective
81	date.
82
83	Be It Enacted by the Legislature of the State of Florida:
84
85	Section 1.  Section 940.061, Florida Statutes, is amended
86	to read:
87	940.061  Informing persons about executive clemency and
88	restoration of civil rights.--The Department of Corrections
89	shall inform and educate inmates and offenders on community
90	supervision about the restoration of civil rights. The
91	Department of Corrections shall send the Parole Commission a
92	monthly electronic list containing the names of inmates released
93	from incarceration and offenders who have been terminated from
94	supervision and who may be eligible for restoration of civil
95	rights and assist eligible inmates and offenders on community
96	supervision with the completion of the application for the
97	restoration of civil rights.
98	Section 2.  Section 944.293, Florida Statutes, is repealed.
99	Section 3.  Paragraph (b) of subsection (3) of section
100	944.35, Florida Statutes, is amended to read:
101	944.35  Authorized use of force; malicious battery and
102	sexual misconduct prohibited; reporting required; penalties.--
103	(3)
104	(b)1.  As used in this paragraph, the term "sexual
105	misconduct" means the oral, anal, or vaginal penetration by, or
106	union with, the sexual organ of another or the anal or vaginal
107	penetration of another by any other object, but does not include
108	an act done for a bona fide medical purpose or an internal
109	search conducted in the lawful performance of the employee's
110	duty.
111	2.  Any employee of the department or any employee of a
112	private correctional facility, as defined in s. 944.710, who
113	engages in sexual misconduct with an inmate or an offender
114	supervised by the department in the community, without
115	committing the crime of sexual battery, commits a felony of the
116	third degree, punishable as provided in s. 775.082, s. 775.083,
117	or s. 775.084.
118	3.  The consent of the inmate or offender supervised by the
119	department in the community to any act of sexual misconduct may
120	not be raised as a defense to a prosecution under this
121	paragraph.
122	4.  This paragraph does not apply to any employee of the
123	department or any employee of a private correctional facility
124	who is legally married to an inmate or an offender supervised by
125	the department in the community, nor does it apply to any
126	employee who has no knowledge, and would have no reason to
127	believe, that the person with whom the employee has engaged in
128	sexual misconduct is an inmate or an offender under community
129	supervision of the department.
130	Section 4.  Section 945.604, Florida Statutes, is created
131	to read:
132	945.604  Medical claims.--
133	(1)  DEFINITION OF "CLAIM."--As used in this section, for a
134	noninstitutional health care provider the term "claim" means a
135	paper or electronic billing instrument submitted to the
136	department that consists of the HCFA 1500 data set, or its
137	successor, that has all mandatory entries for a physician
138	licensed under chapter 458, chapter 459, chapter 460, chapter
139	461, or chapter 463 or a psychologist licensed under chapter 490
140	or any appropriate billing instrument that has all mandatory
141	entries for any other noninstitutional health care provider. For
142	an institutional health care provider, the term "claim" means a
143	paper or electronic billing instrument submitted to the
144	department that consists of the UB-92 data set or its successor
145	with entries stated as mandatory by the National Uniform Billing
146	Committee.
147	(2)  SUBMISSION DATE.--Claims for payment or underpayment
148	are considered submitted on the date the claim for payment is
149	mailed or electronically transferred to the department by the
150	health care provider. Claims for overpayment are considered
151	submitted on the date the claim for overpayment is mailed or
152	electronically transferred to the health care provider by the
153	department.
154	(3)  CLAIMS FOR PAYMENT OR UNDERPAYMENT.--
155	(a)  Claims for payment or underpayment must be submitted
156	to the department within 6 months after the following have
157	occurred:
158	1.  The discharge of the inmate for inpatient services
159	rendered to the inmate or the date of service for outpatient
160	services rendered to the inmate; and
161	2.  The health care provider has been furnished with the
162	correct name and address of the department.
163	(b)  Claims for payment or underpayment must not duplicate
164	a claim previously submitted unless it is determined the
165	original claim was not received or is otherwise lost.
166	(c)  The department is not obligated to pay claims for
167	payment or underpayment that were not submitted in accordance
168	with paragraph (a).
169	(4)  CLAIMS FOR OVERPAYMENT.--
170	(a)  If the department determines that it has made an
171	overpayment to a health care provider for services rendered to
172	an inmate, it must make a claim for such overpayment to the
173	provider's designated location. The department shall provide a
174	written or electronic statement specifying the basis for
175	overpayment. The department must identify the claim or claims,
176	or overpayment claim portion thereof, for which a claim for
177	overpayment is submitted.
178	(b)  The department must submit a claim for overpayment to
179	a health care provider within 30 months after the department's
180	payment of the claim, except that claims for overpayment may be
181	submitted beyond that time from providers convicted of fraud
182	pursuant to s. 817.234.
183	(c)  Health care providers are not obligated to pay claims
184	for overpayment that were not submitted in accordance with
185	paragraph (b).
186	(d)  A health care provider must pay, deny, or contest the
187	department's claim for overpayment within 40 days after the
188	receipt of the claim for overpayment.
189	(e)  A health care provider that denies or contests the
190	department's claim for overpayment or any portion of a claim
191	shall notify the department, in writing, within 40 days after
192	the provider receives the claim. The notice that the claim for
193	overpayment is denied or contested must identify the contested
194	portion of the claim and the specific reason for contesting or
195	denying the claim and, if contested, must include a request for
196	additional information.
197	(f)  All contested claims for overpayment must be paid or
198	denied within 120 days after receipt of the claim. Failure to
199	pay or deny the claim for overpayment within 140 days after
200	receipt creates an uncontestable obligation to pay the claim.
201	(g)  The department may not reduce payment to the health
202	care provider for other services unless the provider agrees to
203	the reduction or fails to respond to the department's claim for
204	overpayment as required by this subsection.
205	(5)  NONWAIVER OF PROVISIONS.--The provisions of this
206	section may not be waived, voided, or nullified by contract.
207	Section 5.  Section 945.6041, Florida Statutes, is created
208	to read:
209	945.6041  Inmate medical services.--
210	(1)  As used in this section, the term:
211	(a)  "Emergency medical transportation services" includes,
212	but is not limited to, services rendered by ambulances,
213	emergency medical services vehicles, and air ambulances as those
214	terms are defined in s. 401.23.
215	(b)  "Health care provider" has the same meaning as
216	provided in s. 766.105.
217	(2)(a)  If no contract for the provision of inmate medical
218	services exists between the department and a health care
219	provider or between a private correctional facility, as defined
220	in s. 944.710, and a health care provider, compensation for such
221	services may not exceed 110 percent of the Medicare allowable
222	rate.
223	(b)  Notwithstanding paragraph (a), if no contract for the
224	provision of inmate medical services exists between the
225	department and a health care provider or between a private
226	correctional facility, as defined in s. 944.710, and a health
227	care provider that reported to the Agency for Health Care
228	Administration, through hospital-audited financial data, a
229	negative operating margin for the previous year, compensation
230	for such services may not exceed 125 percent of the Medicare
231	allowable rate.
232	(3)  If no contract for emergency medical transportation
233	services exists between the department and an entity that
234	provides emergency medical transportation services or between a
235	private correctional facility, as defined in s. 944.710, and an
236	entity that provides emergency medical transportation services,
237	compensation for such services may not exceed 110 percent of the
238	Medicare allowable rate.
239	(4)  This section is not applicable to charges for medical
240	services provided at any hospital operated by the department.
241	Section 6.  Paragraph (b) of subsection (7) of section
242	947.1405, Florida Statutes, is amended to read:
243	947.1405  Conditional release program.--
244	(7)
245	(b)  For a releasee whose crime was committed on or after
246	October 1, 1997, in violation of chapter 794, s. 800.04, s.
247	827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
248	conditional release supervision, in addition to any other
249	provision of this subsection, the commission shall impose the
250	following additional conditions of conditional release
251	supervision:
252	1.  As part of a treatment program, participation in a
253	minimum of one annual polygraph examination to obtain
254	information necessary for risk management and treatment and to
255	reduce the sex offender's denial mechanisms. The polygraph
256	examination must be conducted by a polygrapher trained
257	specifically in the use of the polygraph for the monitoring of
258	sex offenders, where available, and at the expense of the sex
259	offender. The results of the polygraph examination shall not be
260	used as evidence in a hearing to prove that a violation of
261	supervision has occurred.
262	2.  Maintenance of a driving log and a prohibition against
263	driving a motor vehicle alone without the prior approval of the
264	supervising officer.
265	3.  A prohibition against obtaining or using a post office
266	box without the prior approval of the supervising officer.
267	4.  If there was sexual contact, a submission to, at the
268	probationer's or community controllee's expense, an HIV test
269	with the results to be released to the victim or the victim's
270	parent or guardian.
271	5.  Electronic monitoring of any form when ordered by the
272	commission. Any person being electronically monitored by the
273	department as a result of placement on supervision shall be
274	required to pay the department for electronic monitoring
275	services at a rate that may not exceed the full cost of the
276	monitoring service. Funds collected pursuant to this
277	subparagraph shall be deposited in the General Revenue Fund. The
278	department may exempt a person from the payment of all or any
279	part of the electronic monitoring service if it finds that
280	factors exist as provided in s. 948.09(3).
281	Section 7.  Subsections (4) through (10) of section
282	948.001, Florida Statutes, are renumbered as subsections (3)
283	through (9), respectively, and subsection (3) of that section is
284	amended to read:
285	948.001  Definitions.--As used in this chapter, the term:
286	(3)  "Criminal quarantine community control" means
287	intensive supervision, by officers with restricted caseloads,
288	with a condition of 24-hour-per-day electronic monitoring, and a
289	condition of confinement to a designated residence during
290	designated hours.
291	Section 8.  Section 775.0877, Florida Statutes, is amended
292	to read:
293	775.0877  Criminal transmission of HIV; procedures;
294	penalties.--
295	(1)  In any case in which a person has been convicted of or
296	has pled nolo contendere or guilty to, regardless of whether
297	adjudication is withheld, any of the following offenses, or the
298	attempt thereof, which offense or attempted offense involves the
299	transmission of body fluids from one person to another:
300	(a)  Section 794.011, relating to sexual battery,
301	(b)  Section 826.04, relating to incest,
302	(c)  Section 800.04(1), (2), and (3), relating to lewd,
303	lascivious, or indecent assault or act upon any person less than
304	16 years of age,
305	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
306	relating to assault,
307	(e)  Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
308	relating to aggravated assault,
309	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
310	relating to battery,
311	(g)  Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
312	relating to aggravated battery,
313	(h)  Section 827.03(1), relating to child abuse,
314	(i)  Section 827.03(2), relating to aggravated child abuse,
315	(j)  Section 825.102(1), relating to abuse of an elderly
316	person or disabled adult,
317	(k)  Section 825.102(2), relating to aggravated abuse of an
318	elderly person or disabled adult,
319	(l)  Section 827.071, relating to sexual performance by
320	person less than 18 years of age,
321	(m)  Sections 796.03, 796.07, and 796.08, relating to
322	prostitution, or
323	(n)  Section 381.0041(11)(b), relating to donation of
324	blood, plasma, organs, skin, or other human tissue,
325
326	the court shall order the offender to undergo HIV testing, to be
327	performed under the direction of the Department of Health in
328	accordance with s. 381.004, unless the offender has undergone
329	HIV testing voluntarily or pursuant to procedures established in
330	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
331	rule providing for HIV testing of criminal offenders or inmates,
332	subsequent to her or his arrest for an offense enumerated in
333	paragraphs (a)-(n) for which she or he was convicted or to which
334	she or he pled nolo contendere or guilty. The results of an HIV
335	test performed on an offender pursuant to this subsection are
336	not admissible in any criminal proceeding arising out of the
337	alleged offense.
338	(2)  The results of the HIV test must be disclosed under
339	the direction of the Department of Health, to the offender who
340	has been convicted of or pled nolo contendere or guilty to an
341	offense specified in subsection (1), the public health agency of
342	the county in which the conviction occurred and, if different,
343	the county of residence of the offender, and, upon request
344	pursuant to s. 960.003, to the victim or the victim's legal
345	guardian, or the parent or legal guardian of the victim if the
346	victim is a minor.
347	(3)  An offender who has undergone HIV testing pursuant to
348	subsection (1), and to whom positive test results have been
349	disclosed pursuant to subsection (2), who commits a second or
350	subsequent offense enumerated in paragraphs (1)(a)-(n), commits
351	criminal transmission of HIV, a felony of the third degree,
352	punishable as provided in s. 775.082, s. 775.083, or s. 775.084
353	subsection (7). A person may be convicted and sentenced
354	separately for a violation of this subsection and for the
355	underlying crime enumerated in paragraphs (1)(a)-(n).
356	(4)  An offender may challenge the positive results of an
357	HIV test performed pursuant to this section and may introduce
358	results of a backup test performed at her or his own expense.
359	(5)  Nothing in this section requires that an HIV infection
360	have occurred in order for an offender to have committed
361	criminal transmission of HIV.
362	(6)  For an alleged violation of any offense enumerated in
363	paragraphs (1)(a)-(n) for which the consent of the victim may be
364	raised as a defense in a criminal prosecution, it is an
365	affirmative defense to a charge of violating this section that
366	the person exposed knew that the offender was infected with HIV,
367	knew that the action being taken could result in transmission of
368	the HIV infection, and consented to the action voluntarily with
369	that knowledge.
370	(7)  In addition to any other penalty provided by law for
371	an offense enumerated in paragraphs (1)(a)-(n), the court may
372	require an offender convicted of criminal transmission of HIV to
373	serve a term of criminal quarantine community control, as
374	described in s. 948.001.
375	Section 9.  Subsection (5) of section 384.34, Florida
376	Statutes, is amended to read:
377	384.34  Penalties.--
378	(5)  Any person who violates the provisions of s. 384.24(2)
379	commits a felony of the third degree, punishable as provided in
380	s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
381	person who commits multiple violations of the provisions of s.
382	384.24(2) commits a felony of the first degree, punishable as
383	provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
384	775.0877(7).
385	Section 10.  Subsection (5) of section 796.08, Florida
386	Statutes, is amended to read:
387	796.08  Screening for HIV and sexually transmissible
388	diseases; providing penalties.--
389	(5)  A person who:
390	(a)  Commits or offers to commit prostitution; or
391	(b)  Procures another for prostitution by engaging in
392	sexual activity in a manner likely to transmit the human
393	immunodeficiency virus,
394
395	and who, prior to the commission of such crime, had tested
396	positive for human immunodeficiency virus and knew or had been
397	informed that he or she had tested positive for human
398	immunodeficiency virus and could possibly communicate such
399	disease to another person through sexual activity commits
400	criminal transmission of HIV, a felony of the third degree,
401	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
402	or s. 775.0877(7). A person may be convicted and sentenced
403	separately for a violation of this subsection and for the
404	underlying crime of prostitution or procurement of prostitution.
405	Section 11.  Subsections (2) and (3) of section 921.187,
406	Florida Statutes, are amended to read:
407	921.187  Disposition and sentencing; alternatives;
408	restitution.--
409	(2)  In addition to any other penalty provided by law for
410	an offense enumerated in s. 775.0877(1)(a)-(n), if the offender
411	is convicted of criminal transmission of HIV pursuant to s.
412	775.0877, the court may sentence the offender to criminal
413	quarantine community control as described in s. 948.001.
414	(2)(3)  The court shall require an offender to make
415	restitution under s. 775.089, unless the court finds clear and
416	compelling reasons not to order such restitution. If the court
417	does not order restitution, or orders restitution of only a
418	portion of the damages, as provided in s. 775.089, the court
419	shall state the reasons on the record in detail. An order
420	requiring an offender to make restitution to a victim under s.
421	775.089 does not remove or diminish the requirement that the
422	court order payment to the Crimes Compensation Trust Fund under
423	chapter 960.
424	Section 12.  Subsection (1) of section 948.01, Florida
425	Statutes, is amended to read:
426	948.01  When court may place defendant on probation or into
427	community control.--
428	(1)(a)  Any court of the state having original jurisdiction
429	of criminal actions may at a time to be determined by the court,
430	either with or without an adjudication of the guilt of the
431	defendant, hear and determine the question of the probation of a
432	defendant in a criminal case, except for an offense punishable
433	by death, who has been found guilty by the verdict of a jury,
434	has entered a plea of guilty or a plea of nolo contendere, or
435	has been found guilty by the court trying the case without a
436	jury. If the court places the defendant on probation or into
437	community control for a felony, the department shall provide
438	immediate supervision by an officer employed in compliance with
439	the minimum qualifications for officers as provided in s.
440	943.13. In no circumstances shall a private entity provide
441	probationary or supervision services to felony or misdemeanor
442	offenders sentenced or placed on probation or other supervision
443	by the circuit court.
444	(b)  The department, in consultation with the Office of the
445	State Courts Administrator, shall develop and disseminate to the
446	courts uniform order of supervision forms by July 1 of each
447	year, or as necessary. Courts shall use the uniform order of
448	supervision forms provided by the department for all persons
449	placed on community supervision.
450	Section 13.  Subsection (1) of section 948.03, Florida
451	Statutes, is amended to read:
452	948.03  Terms and conditions of probation.--
453	(1)  The court shall determine the terms and conditions of
454	probation. Conditions specified in this section do not require
455	oral pronouncement at the time of sentencing and may be
456	considered standard conditions of probation. These conditions
457	may include among them the following, that the probationer or
458	offender in community control shall:
459	(a)  Report to the probation and parole supervisors as
460	directed.
461	(b)  Permit such supervisors to visit him or her at his or
462	her home or elsewhere.
463	(c)  Work faithfully at suitable employment insofar as may
464	be possible.
465	(d)  Remain within a specified place.
466	(e)  Live without violating any law. A conviction in a
467	court of law shall not be necessary for such a violation of law
468	to constitute a violation of probation, community control, or
469	any other form of court-ordered supervision.
470	(f)(e)  Make reparation or restitution to the aggrieved
471	party for the damage or loss caused by his or her offense in an
472	amount to be determined by the court. The court shall make such
473	reparation or restitution a condition of probation, unless it
474	determines that clear and compelling reasons exist to the
475	contrary. If the court does not order restitution, or orders
476	restitution of only a portion of the damages, as provided in s.
477	775.089, it shall state on the record in detail the reasons
478	therefor.
479	(g)(f)  Effective July 1, 1994, and applicable for offenses
480	committed on or after that date, make payment of the debt due
481	and owing to a county or municipal detention facility under s.
482	951.032 for medical care, treatment, hospitalization, or
483	transportation received by the felony probationer while in that
484	detention facility. The court, in determining whether to order
485	such repayment and the amount of such repayment, shall consider
486	the amount of the debt, whether there was any fault of the
487	institution for the medical expenses incurred, the financial
488	resources of the felony probationer, the present and potential
489	future financial needs and earning ability of the probationer,
490	and dependents, and other appropriate factors.
491	(h)(g)  Support his or her legal dependents to the best of
492	his or her ability.
493	(i)(h)  Make payment of the debt due and owing to the state
494	under s. 960.17, subject to modification based on change of
495	circumstances.
496	(j)(i)  Pay any application fee assessed under s.
497	27.52(1)(b) and attorney's fees and costs assessed under s.
498	938.29, subject to modification based on change of
499	circumstances.
500	(k)(j)  Not associate with persons engaged in criminal
501	activities.
502	(l)(k)1.  Submit to random testing as directed by the
503	correctional probation officer or the professional staff of the
504	treatment center where he or she is receiving treatment to
505	determine the presence or use of alcohol or controlled
506	substances.
507	2.  If the offense was a controlled substance violation and
508	the period of probation immediately follows a period of
509	incarceration in the state correction system, the conditions
510	shall include a requirement that the offender submit to random
511	substance abuse testing intermittently throughout the term of
512	supervision, upon the direction of the correctional probation
513	officer as defined in s. 943.10(3).
514	(m)(l)  Be prohibited from possessing, carrying, or owning
515	any firearm unless authorized by the court and consented to by
516	the probation officer.
517	(n)(m)  Be prohibited from using intoxicants to excess or
518	possessing any drugs or narcotics unless prescribed by a
519	physician. The probationer or community controllee shall not
520	knowingly visit places where intoxicants, drugs, or other
521	dangerous substances are unlawfully sold, dispensed, or used.
522	(o)(n)  Submit to the drawing of blood or other biological
523	specimens as prescribed in ss. 943.325 and 948.014, and
524	reimburse the appropriate agency for the costs of drawing and
525	transmitting the blood or other biological specimens to the
526	Department of Law Enforcement.
527	(p)  Submit to the taking of a digitized photograph by the
528	department as a part of the offender's records. This photograph
529	may be displayed on the department's public website while the
530	offender is on a form of court-ordered supervision, with the
531	exception of offenders on pretrial intervention supervision, or
532	who would otherwise be exempt from public records due to
533	provisions in s. 119.07.
534	Section 14.  Subsections (2) and (7) of section 948.09,
535	Florida Statutes, are amended to read:
536	948.09  Payment for cost of supervision and
537	rehabilitation.--
538	(2)  Any person being electronically monitored by the
539	department as a result of placement on supervision community
540	control shall be required to pay the department for electronic
541	monitoring services at a rate as a surcharge an amount that may
542	not exceed the full cost of the monitoring service in addition
543	to the cost of supervision fee as directed by the sentencing
544	court. Funds collected pursuant to this subsection The surcharge
545	shall be deposited in the General Revenue Fund. The department
546	may exempt a person from the payment of all or any part of the
547	electronic monitoring service if it finds that factors exist as
548	provided in subsection (3).
549	(7)  The department shall establish a payment plan for all
550	costs ordered by the courts for collection by the department and
551	a priority order for payments, except that victim restitution
552	payments authorized under s. 948.03(1)(f)(e) take precedence
553	over all other court-ordered payments. The department is not
554	required to disburse cumulative amounts of less than $10 to
555	individual payees established on this payment plan.
556	Section 15.  Section 948.101, Florida Statutes, is amended
557	to read:
558	948.101  Terms and conditions of community control and
559	criminal quarantine community control.--
560	(1)  The court shall determine the terms and conditions of
561	community control. Conditions specified in this subsection do
562	not require oral pronouncement at the time of sentencing and may
563	be considered standard conditions of community control.
564	(a)  The court shall require intensive supervision and
565	surveillance for an offender placed into community control,
566	which may include but is not limited to:
567	(a)1.  Specified contact with the parole and probation
568	officer.
569	(b)2.  Confinement to an agreed-upon residence during hours
570	away from employment and public service activities.
571	(c)3.  Mandatory public service.
572	(d)4.  Supervision by the Department of Corrections by
573	means of an electronic monitoring device or system.
574	(e)5.  The standard conditions of probation set forth in s.
575	948.03 or s. 948.30.
576	(b)  For an offender placed on criminal quarantine
577	community control, the court shall require:
578	1.  Electronic monitoring 24 hours per day.
579	2.  Confinement to a designated residence during designated
580	hours.
581	(2)  The enumeration of specific kinds of terms and
582	conditions does not prevent the court from adding thereto any
583	other terms or conditions that the court considers proper.
584	However, the sentencing court may only impose a condition of
585	supervision allowing an offender convicted of s. 794.011, s.
586	800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
587	another state if the order stipulates that it is contingent upon
588	the approval of the receiving state interstate compact
589	authority. The court may rescind or modify at any time the terms
590	and conditions theretofore imposed by it upon the offender in
591	community control. However, if the court withholds adjudication
592	of guilt or imposes a period of incarceration as a condition of
593	community control, the period may not exceed 364 days, and
594	incarceration shall be restricted to a county facility, a
595	probation and restitution center under the jurisdiction of the
596	Department of Corrections, a probation program drug punishment
597	phase I secure residential treatment institution, or a community
598	residential facility owned or operated by any entity providing
599	such services.
600	(3)  The court may place a defendant who is being sentenced
601	for criminal transmission of HIV in violation of s. 775.0877 on
602	criminal quarantine community control. The Department of
603	Corrections shall develop and administer a criminal quarantine
604	community control program emphasizing intensive supervision with
605	24-hour-per-day electronic monitoring. Criminal quarantine
606	community control status must include surveillance and may
607	include other measures normally associated with community
608	control, except that specific conditions necessary to monitor
609	this population may be ordered.
610	Section 16.  Section 948.11, Florida Statutes, is amended
611	to read:
612	948.11  Electronic monitoring devices.--
613	(1)(a)  The Department of Corrections may, at its
614	discretion, electronically monitor an offender sentenced to
615	community control.
616	(b)  The Department of Corrections shall electronically
617	monitor an offender sentenced to criminal quarantine community
618	control 24 hours per day.
619	(2)  Any offender placed on community control who violates
620	the terms and conditions of community control and is restored to
621	community control may be supervised by means of an electronic
622	monitoring device or system.
623	(3)  For those offenders being electronically monitored,
624	the Department of Corrections shall develop procedures to
625	determine, investigate, and report the offender's noncompliance
626	with the terms and conditions of sentence 24 hours per day. All
627	reports of noncompliance shall be immediately investigated by a
628	community control officer.
629	(4)  The Department of Corrections may contract with local
630	law enforcement agencies to assist in the location and
631	apprehension of offenders who are in noncompliance as reported
632	by the electronic monitoring system. This contract is intended
633	to provide the department a means for providing immediate
634	investigation of noncompliance reports, especially after normal
635	office hours.
636	(2)(5)  Any person being electronically monitored by the
637	department as a result of placement on supervision community
638	control shall be required to pay the department for electronic
639	monitoring services a surcharge as provided in s. 948.09(2).
640	(3)(6)  For probationers, community controllees, or
641	conditional releasees who have current or prior convictions for
642	violent or sexual offenses, the department, in carrying out a
643	court or commission order to electronically monitor an offender,
644	must use a system that actively monitors and identifies the
645	offender's location and timely reports or records the offender's
646	presence near or within a crime scene or in a prohibited area or
647	the offender's departure from specified geographic limitations.
648	Procurement of electronic monitoring services under this
649	subsection shall be by competitive procurement in accordance
650	with invitation to bid as defined in s. 287.057.
651	(4)(7)  A person who intentionally alters, tampers with,
652	damages, or destroys any electronic monitoring equipment
653	pursuant to court or commission order, unless such person is the
654	owner of the equipment, or an agent of the owner, performing
655	ordinary maintenance and repairs, commits a felony of the third
656	degree, punishable as provided in s. 775.082, s. 775.083, or s.
657	775.084.
658	Section 17.  Subsection (2) and paragraph (e) of subsection
659	(9) of section 951.23, Florida Statutes, are amended to read:
660	951.23  County and municipal detention facilities;
661	definitions; administration; standards and requirements.--
662	(2)  COLLECTION OF INFORMATION.--In conjunction with the
663	administrators of county detention facilities, the Department of
664	Corrections shall develop an instrument for the collection of
665	information from the administrator of each county detention
666	facility. Whenever possible, the information shall be
667	transmitted by the administrator to the Department of
668	Corrections electronically or in a computer readable format. The
669	information shall be provided on a monthly basis and shall
670	include, but is not limited to, the following:
671	(a)  The number of persons housed per day who are:
672	1.  Felons sentenced to cumulative sentences of
673	incarceration of 364 days or less.
674	2.  Felons sentenced to cumulative sentences of
675	incarceration of 365 days or more.
676	3.  Sentenced misdemeanants.
677	4.  Awaiting trial on at least one felony charge.
678	5.  Awaiting trial on misdemeanor charges only.
679	6.  Convicted felons and misdemeanants who are awaiting
680	sentencing.
681	7.  Juveniles.
682	8.  State parole violators.
683	9.  State inmates who were transferred from a state
684	correctional facility, as defined in s. 944.02, to the county
685	detention facility.
686	(b)  The number of persons housed per day, admitted per
687	month, and housed on the last day of the month, by age, race,
688	sex, country of citizenship, country of birth, and immigration
689	status classified as one of the following:
690	1.  Permanent legal resident of the United States.
691	2.  Legal visitor.
692	3.  Undocumented or illegal alien.
693	4.  Unknown status.
694	(b)(c)  The number of persons housed per day:
695	1.  Pursuant to part I of chapter 394, "The Florida Mental
696	Health Act."
697	2.  Pursuant to chapter 397, "Substance Abuse Services."
698	(d)  The cost per day for housing a person in the county
699	detention facility.
700	(e)  The number of persons admitted per month, and the
701	number of persons housed on the last day of the month, by age,
702	race, and sex, who are:
703	1.  Felons sentenced to cumulative sentences of
704	incarceration of 364 days or less.
705	2.  Felons sentenced to cumulative sentences of
706	incarceration of 365 days or more.
707	3.  Sentenced misdemeanants.
708	4.  Awaiting trial on at least one felony charge.
709	5.  Awaiting trial on misdemeanor charges only.
710	6.  Convicted felons and misdemeanants who are awaiting
711	sentencing.
712	7.  Juveniles.
713	8.  State parole violators.
714	9.  State inmates who were transferred from a state
715	correctional facility, as defined in s. 944.02, to the county
716	detention facility.
717	(f)  The number of persons admitted per month, by age,
718	race, and sex:
719	1.  Pursuant to part I of chapter 394, "The Florida Mental
720	Health Act."
721	2.  Pursuant to chapter 397, "Substance Abuse Services."
722	(9)  INMATE COMMISSARY AND WELFARE FUND.--
723	(e)  The officer in charge shall be responsible for an
724	audit of the fiscal management of the commissary by a
725	disinterested party on an annual basis, which shall include
726	certification of compliance with the pricing requirements of
727	paragraph (1)(b) above. Appropriate transaction records and
728	stock inventory shall be kept current.
729	Section 18.  Paragraph (c) of subsection (5) of section
730	958.045, Florida Statutes, is amended to read:
731	958.045  Youthful offender basic training program.--
732	(5)
733	(c)  The portion of the sentence served prior to placement
734	in the basic training program may not be counted toward program
735	completion. Within 30 days prior to the scheduled completion of
736	the basic training program, the department shall submit a report
737	to the court that describes the offender's performance. If the
738	offender's performance has been satisfactory, the court shall
739	issue an order modifying the sentence imposed and placing the
740	offender on probation effective upon the offender's successful
741	completion of the remainder of the program Upon the offender's
742	completion of the basic training program, the department shall
743	submit a report to the court that describes the offender's
744	performance. If the offender's performance has been
745	satisfactory, the court shall issue an order modifying the
746	sentence imposed and placing the offender on probation. The term
747	of probation may include placement in a community residential
748	program. If the offender violates the conditions of probation,
749	the court may revoke probation and impose any sentence that it
750	might have originally imposed.
751	Section 19.  Subsection (2) of section 960.292, Florida
752	Statutes, is amended to read:
753	960.292  Enforcement of the civil restitution lien through
754	civil restitution lien order.--The civil restitution lien shall
755	be made enforceable by means of a civil restitution lien order.
756	(2)  Upon motion by the state, upon petition of the local
757	subdivision, crime victim, or aggrieved party, or on its own
758	motion, the court in which the convicted offender is convicted
759	shall enter civil restitution lien orders in favor of crime
760	victims, the state, its local subdivisions, and other aggrieved
761	parties. The court shall retain continuing jurisdiction over the
762	convicted offender for the sole purpose of entering civil
763	restitution lien orders for the duration of the sentence and up
764	to 5 years from release from incarceration or supervision,
765	whichever occurs later.
766	Section 20.  Paragraph (b) of subsection (2) of section
767	960.293, Florida Statutes, is amended to read:
768	960.293  Determination of damages and losses.--
769	(2)  Upon conviction, a convicted offender is liable to the
770	state and its local subdivisions for damages and losses for
771	incarceration costs and other correctional costs.
772	(b)  If the conviction is for an offense other than a
773	capital or life felony, a liquidated damage amount of $50 per
774	day of the convicted offender's sentence shall be assessed
775	against the convicted offender and in favor of the state or its
776	local subdivisions. Damages shall be based upon the length of
777	the sentence imposed by the court at the time of sentencing.
778	Section 21.  Section 960.297, Florida Statutes, is amended
779	to read:
780	960.297  Authorization for governmental right of
781	restitution for costs of incarceration.--
782	(1)  The state and its local subdivisions, in a separate
783	civil action or as counterclaim in any civil action, may seek
784	recovery of the damages and losses set forth in s. 960.293.
785	(2)  For those convicted offenders convicted before July 1,
786	1994, the state and its local subdivisions, in a separate civil
787	action or as a counterclaim in any civil action, may seek
788	recovery of the damages and losses set forth in s. 960.293, for
789	the convicted offender's remaining sentence after July 1, 1994.
790	(3)  Civil actions authorized by the section may be
791	commenced anytime during the offender's incarceration and up to
792	5 years after the date of the offender's release from
793	incarceration or supervision, whichever occurs later.
794	Section 22.  This act shall take effect July 1, 2009.

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