Florida Senate - 2012                              CS for SB 872
       
       
       
       By the Committee on Criminal Justice; and Senator Fasano
       
       
       
       
       591-02364-12                                           2012872c1
    1                        A bill to be entitled                      
    2         An act relating to murder; amending s. 782.04, F.S.;
    3         providing that the unlawful killing of a human being
    4         when committed by a person engaged in the perpetration
    5         of, or in the attempt to perpetrate, the offense of
    6         aggravated fleeing or eluding with serious bodily
    7         injury or death, is murder of a specified degree,
    8         dependent upon certain circumstances; amending s.
    9         921.0022, F.S.; revising provisions of the offense
   10         severity ranking chart of the Criminal Punishment Code
   11         to conform to changes made by the act; reenacting ss.
   12         775.0823, 782.051, 782.065, and 947.146(3), F.S.,
   13         relating to violent offenses committed against law
   14         enforcement officers and others, attempted felony
   15         murder, murder of a law enforcement officer, and the
   16         Control Release Authority, respectively, to
   17         incorporate the amendments made to s. 782.04, F.S., in
   18         references thereto; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. This act may be cited as the “Deputy John C.
   23  Mecklenburg Act.”
   24         Section 2. Section 782.04, Florida Statutes, is amended to
   25  read:
   26         782.04 Murder.—
   27         (1)(a) The unlawful killing of a human being:
   28         1. When perpetrated from a premeditated design to effect
   29  the death of the person killed or any human being;
   30         2. When committed by a person engaged in the perpetration
   31  of, or in the attempt to perpetrate, any:
   32         a. Trafficking offense prohibited by s. 893.135(1),
   33         b. Arson,
   34         c. Sexual battery,
   35         d. Robbery,
   36         e. Burglary,
   37         f. Kidnapping,
   38         g. Escape,
   39         h. Aggravated child abuse,
   40         i. Aggravated abuse of an elderly person or disabled adult,
   41         j. Aircraft piracy,
   42         k. Unlawful throwing, placing, or discharging of a
   43  destructive device or bomb,
   44         l. Carjacking,
   45         m. Home-invasion robbery,
   46         n. Aggravated stalking,
   47         o. Murder of another human being,
   48         p. Resisting an officer with violence to his or her person,
   49         q. Aggravated fleeing or eluding with serious bodily injury
   50  or death,
   51         r.q. Felony that is an act of terrorism or is in
   52  furtherance of an act of terrorism; or
   53         3. Which resulted from the unlawful distribution of any
   54  substance controlled under s. 893.03(1), cocaine as described in
   55  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
   56  compound, derivative, or preparation of opium, or methadone by a
   57  person 18 years of age or older, when such drug is proven to be
   58  the proximate cause of the death of the user,
   59  
   60  is murder in the first degree and constitutes a capital felony,
   61  punishable as provided in s. 775.082.
   62         (b) In all cases under this section, the procedure set
   63  forth in s. 921.141 shall be followed in order to determine
   64  sentence of death or life imprisonment.
   65         (2) The unlawful killing of a human being, when perpetrated
   66  by any act imminently dangerous to another and evincing a
   67  depraved mind regardless of human life, although without any
   68  premeditated design to effect the death of any particular
   69  individual, is murder in the second degree and constitutes a
   70  felony of the first degree, punishable by imprisonment for a
   71  term of years not exceeding life or as provided in s. 775.082,
   72  s. 775.083, or s. 775.084.
   73         (3) When a human being person is killed during in the
   74  perpetration of, or during in the attempt to perpetrate, any:
   75         (a) Trafficking offense prohibited by s. 893.135(1),
   76         (b) Arson,
   77         (c) Sexual battery,
   78         (d) Robbery,
   79         (e) Burglary,
   80         (f) Kidnapping,
   81         (g) Escape,
   82         (h) Aggravated child abuse,
   83         (i) Aggravated abuse of an elderly person or disabled
   84  adult,
   85         (j) Aircraft piracy,
   86         (k) Unlawful throwing, placing, or discharging of a
   87  destructive device or bomb,
   88         (l) Carjacking,
   89         (m) Home-invasion robbery,
   90         (n) Aggravated stalking,
   91         (o) Murder of another human being,
   92         (p) Aggravated fleeing or eluding with serious bodily
   93  injury or death,
   94         (q)(p) Resisting an officer with violence to his or her
   95  person, or
   96         (r)(q) Felony that is an act of terrorism or is in
   97  furtherance of an act of terrorism,
   98  
   99  by a person other than the person engaged in the perpetration of
  100  or in the attempt to perpetrate such felony, the person
  101  perpetrating or attempting to perpetrate such felony is guilty
  102  of murder in the second degree, which constitutes a felony of
  103  the first degree, punishable by imprisonment for a term of years
  104  not exceeding life or as provided in s. 775.082, s. 775.083, or
  105  s. 775.084.
  106         (4) The unlawful killing of a human being, when perpetrated
  107  without any design to effect death, by a person engaged in the
  108  perpetration of, or in the attempt to perpetrate, any felony
  109  other than any:
  110         (a) Trafficking offense prohibited by s. 893.135(1),
  111         (b) Arson,
  112         (c) Sexual battery,
  113         (d) Robbery,
  114         (e) Burglary,
  115         (f) Kidnapping,
  116         (g) Escape,
  117         (h) Aggravated child abuse,
  118         (i) Aggravated abuse of an elderly person or disabled
  119  adult,
  120         (j) Aircraft piracy,
  121         (k) Unlawful throwing, placing, or discharging of a
  122  destructive device or bomb,
  123         (l) Unlawful distribution of any substance controlled under
  124  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  125  opium or any synthetic or natural salt, compound, derivative, or
  126  preparation of opium by a person 18 years of age or older, when
  127  such drug is proven to be the proximate cause of the death of
  128  the user,
  129         (m) Carjacking,
  130         (n) Home-invasion robbery,
  131         (o) Aggravated stalking,
  132         (p) Murder of another human being,
  133         (q) Aggravated fleeing or eluding with serious bodily
  134  injury or death,
  135         (r)(q) Resisting an officer with violence to his or her
  136  person, or
  137         (s)(r) Felony that is an act of terrorism or is in
  138  furtherance of an act of terrorism,
  139  
  140  is murder in the third degree and constitutes a felony of the
  141  second degree, punishable as provided in s. 775.082, s. 775.083,
  142  or s. 775.084.
  143         (5) As used in this section, the term “terrorism” means an
  144  activity that:
  145         (a)1. Involves a violent act or an act dangerous to human
  146  life which is a violation of the criminal laws of this state or
  147  of the United States; or
  148         2. Involves a violation of s. 815.06; and
  149         (b) Is intended to:
  150         1. Intimidate, injure, or coerce a civilian population;
  151         2. Influence the policy of a government by intimidation or
  152  coercion; or
  153         3. Affect the conduct of government through destruction of
  154  property, assassination, murder, kidnapping, or aircraft piracy.
  155         Section 3. Paragraphs (h) and (i) of subsection (3) of
  156  section 921.0022, Florida Statutes, are amended to read:
  157         921.0022 Criminal Punishment Code; offense severity ranking
  158  chart.—
  159         (3) OFFENSE SEVERITY RANKING CHART
  160         (h) LEVEL 8
  161  FloridaStatute   FelonyDegree                Description                
  162  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                          
  163  316.1935(4)(b)      1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  164  327.35(3)(c)3.      2nd   Vessel BUI manslaughter.                   
  165  499.0051(7)         1st   Knowing trafficking in contraband prescription drugs.
  166  499.0051(8)         1st   Knowing forgery of prescription labels or prescription drug labels.
  167  560.123(8)(b)2.     2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  168  560.125(5)(b)       2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  169  655.50(10)(b)2.     2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  170  777.03(2)(a)        1st   Accessory after the fact, capital felony.  
  171  782.04(4)           2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  172  782.051(2)          1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  173  782.071(1)(b)       1st   Committing vehicular homicide and failing to render aid or give information.
  174  782.072(2)          1st   Committing vessel homicide and failing to render aid or give information.
  175  790.161(3)          1st   Discharging a destructive device which results in bodily harm or property damage.
  176  794.011(5)          2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  177  794.08(3)           2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  178  800.04(4)           2nd   Lewd or lascivious battery.                
  179  806.01(1)           1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  180  810.02(2)(a)      1st,PBL Burglary with assault or battery.          
  181  810.02(2)(b)      1st,PBL Burglary; armed with explosives or dangerous weapon.
  182  810.02(2)(c)        1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  183  812.014(2)(a)2.     1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  184  812.13(2)(b)        1st   Robbery with a weapon.                     
  185  812.135(2)(c)       1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  186  817.568(6)          2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  187  825.102(2)          1st   Aggravated abuse of an elderly person or disabled adult.
  188  825.1025(2)         2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  189  825.103(2)(a)       1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  190  837.02(2)           2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  191  837.021(2)          2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  192  860.121(2)(c)       1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  193  860.16              1st   Aircraft piracy.                           
  194  893.13(1)(b)        1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  195  893.13(2)(b)        1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  196  893.13(6)(c)        1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  197  893.135(1)(a)2.     1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  198  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  199  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  200  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  201  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  202  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  203  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  204  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  205  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  206  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  207  893.1351(3)         1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  208  895.03(1)           1st   Use or invest proceeds derived from pattern of racketeering activity.
  209  895.03(2)           1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  210  895.03(3)           1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  211  896.101(5)(b)       2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  212  896.104(4)(a)2.     2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  213         (i) LEVEL 9
  214  FloridaStatute    FelonyDegree               Description                
  215  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  216  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  217  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  218  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  219  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  220  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  221  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  222  775.0844             1st   Aggravated white collar crime.            
  223  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  224  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  225  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  226  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  227  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  228  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  229  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  230  787.02(3)(a)         1st   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  231  790.161              1st   Attempted capital destructive device offense.
  232  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  233  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  234  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  235  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  236  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  237  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  238  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  239  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  240  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  241  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  242  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  243  827.03(2)            1st   Aggravated child abuse.                   
  244  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  245  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  246  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  247  893.135              1st   Attempted capital trafficking offense.    
  248  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  249  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  250  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  251  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  252  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  253  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  254  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  255  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  256  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  257  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  258  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  259         Section 4. For the purpose of incorporating the amendment
  260  made by this act to section 782.04, Florida Statutes, in a
  261  reference thereto, section 775.0823, Florida Statutes, is
  262  reenacted to read:
  263         775.0823 Violent offenses committed against law enforcement
  264  officers, correctional officers, state attorneys, assistant
  265  state attorneys, justices, or judges.—The Legislature does
  266  hereby provide for an increase and certainty of penalty for any
  267  person convicted of a violent offense against any law
  268  enforcement or correctional officer, as defined in s. 943.10(1),
  269  (2), (3), (6), (7), (8), or (9); against any state attorney
  270  elected pursuant to s. 27.01 or assistant state attorney
  271  appointed under s. 27.181; or against any justice or judge of a
  272  court described in Art. V of the State Constitution, which
  273  offense arises out of or in the scope of the officer’s duty as a
  274  law enforcement or correctional officer, the state attorney’s or
  275  assistant state attorney’s duty as a prosecutor or investigator,
  276  or the justice’s or judge’s duty as a judicial officer, as
  277  follows:
  278         (1) For murder in the first degree as described in s.
  279  782.04(1), if the death sentence is not imposed, a sentence of
  280  imprisonment for life without eligibility for release.
  281         (2) For attempted murder in the first degree as described
  282  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
  283  or s. 775.084.
  284         (3) For attempted felony murder as described in s. 782.051,
  285  a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  286         (4) For murder in the second degree as described in s.
  287  782.04(2) and (3), a sentence pursuant to s. 775.082, s.
  288  775.083, or s. 775.084.
  289         (5) For attempted murder in the second degree as described
  290  in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
  291  775.083, or s. 775.084.
  292         (6) For murder in the third degree as described in s.
  293  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
  294  775.084.
  295         (7) For attempted murder in the third degree as described
  296  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
  297  or s. 775.084.
  298         (8) For manslaughter as described in s. 782.07 during the
  299  commission of a crime, a sentence pursuant to s. 775.082, s.
  300  775.083, or s. 775.084.
  301         (9) For kidnapping as described in s. 787.01, a sentence
  302  pursuant to s. 775.082, s. 775.083, or s. 775.084.
  303         (10) For aggravated battery as described in s. 784.045, a
  304  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  305         (11) For aggravated assault as described in s. 784.021, a
  306  sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
  307  
  308  Notwithstanding the provisions of s. 948.01, with respect to any
  309  person who is found to have violated this section, adjudication
  310  of guilt or imposition of sentence shall not be suspended,
  311  deferred, or withheld.
  312         Section 5. For the purpose of incorporating the amendment
  313  made by this act to section 782.04, Florida Statutes, in a
  314  reference thereto, section 782.051, Florida Statutes, is
  315  reenacted to read:
  316         782.051 Attempted felony murder.—
  317         (1) Any person who perpetrates or attempts to perpetrate
  318  any felony enumerated in s. 782.04(3) and who commits, aids, or
  319  abets an intentional act that is not an essential element of the
  320  felony and that could, but does not, cause the death of another
  321  commits a felony of the first degree, punishable by imprisonment
  322  for a term of years not exceeding life, or as provided in s.
  323  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  324  in level 9 of the Criminal Punishment Code. Victim injury points
  325  shall be scored under this subsection.
  326         (2) Any person who perpetrates or attempts to perpetrate
  327  any felony other than a felony enumerated in s. 782.04(3) and
  328  who commits, aids, or abets an intentional act that is not an
  329  essential element of the felony and that could, but does not,
  330  cause the death of another commits a felony of the first degree,
  331  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  332  which is an offense ranked in level 8 of the Criminal Punishment
  333  Code. Victim injury points shall be scored under this
  334  subsection.
  335         (3) When a person is injured during the perpetration of or
  336  the attempt to perpetrate any felony enumerated in s. 782.04(3)
  337  by a person other than the person engaged in the perpetration of
  338  or the attempt to perpetrate such felony, the person
  339  perpetrating or attempting to perpetrate such felony commits a
  340  felony of the second degree, punishable as provided in s.
  341  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  342  in level 7 of the Criminal Punishment Code. Victim injury points
  343  shall be scored under this subsection.
  344         Section 6. For the purpose of incorporating the amendment
  345  made by this act to section 782.04, Florida Statutes, in a
  346  reference thereto, section 782.065, Florida Statutes, is
  347  reenacted to read:
  348         782.065 Murder; law enforcement officer.—Notwithstanding
  349  ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
  350  defendant shall be sentenced to life imprisonment without
  351  eligibility for release upon findings by the trier of fact that,
  352  beyond a reasonable doubt:
  353         (1) The defendant committed murder in the first degree in
  354  violation of s. 782.04(1) and a death sentence was not imposed;
  355  murder in the second or third degree in violation of s.
  356  782.04(2), (3), or (4); attempted murder in the first or second
  357  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
  358  felony murder in violation of s. 782.051; and
  359         (2) The victim of any offense described in subsection (1)
  360  was a law enforcement officer, part-time law enforcement
  361  officer, or auxiliary law enforcement officer, as those terms
  362  are defined in s. 943.10, engaged in the lawful performance of a
  363  legal duty.
  364         Section 7. For the purpose of incorporating the amendment
  365  made by this act to section 782.04, Florida Statutes, in a
  366  reference thereto, subsection (3) of section 947.146, Florida
  367  Statutes, is reenacted to read:
  368         947.146 Control Release Authority.—
  369         (3) Within 120 days prior to the date the state
  370  correctional system is projected pursuant to s. 216.136 to
  371  exceed 99 percent of total capacity, the authority shall
  372  determine eligibility for and establish a control release date
  373  for an appropriate number of parole ineligible inmates committed
  374  to the department and incarcerated within the state who have
  375  been determined by the authority to be eligible for
  376  discretionary early release pursuant to this section. In
  377  establishing control release dates, it is the intent of the
  378  Legislature that the authority prioritize consideration of
  379  eligible inmates closest to their tentative release date. The
  380  authority shall rely upon commitment data on the offender
  381  information system maintained by the department to initially
  382  identify inmates who are to be reviewed for control release
  383  consideration. The authority may use a method of objective risk
  384  assessment in determining if an eligible inmate should be
  385  released. Such assessment shall be a part of the department’s
  386  management information system. However, the authority shall have
  387  sole responsibility for determining control release eligibility,
  388  establishing a control release date, and effectuating the
  389  release of a sufficient number of inmates to maintain the inmate
  390  population between 99 percent and 100 percent of total capacity.
  391  Inmates who are ineligible for control release are inmates who
  392  are parole eligible or inmates who:
  393         (a) Are serving a sentence that includes a mandatory
  394  minimum provision for a capital offense or drug trafficking
  395  offense and have not served the number of days equal to the
  396  mandatory minimum term less any jail-time credit awarded by the
  397  court;
  398         (b) Are serving the mandatory minimum portion of a sentence
  399  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  400         (c) Are convicted, or have been previously convicted, of
  401  committing or attempting to commit sexual battery, incest, or
  402  any of the following lewd or indecent assaults or acts:
  403  masturbating in public; exposing the sexual organs in a
  404  perverted manner; or nonconsensual handling or fondling of the
  405  sexual organs of another person;
  406         (d) Are convicted, or have been previously convicted, of
  407  committing or attempting to commit assault, aggravated assault,
  408  battery, or aggravated battery, and a sex act was attempted or
  409  completed during commission of such offense;
  410         (e) Are convicted, or have been previously convicted, of
  411  committing or attempting to commit kidnapping, burglary, or
  412  murder, and the offense was committed with the intent to commit
  413  sexual battery or a sex act was attempted or completed during
  414  commission of the offense;
  415         (f) Are convicted, or have been previously convicted, of
  416  committing or attempting to commit false imprisonment upon a
  417  child under the age of 13 and, in the course of committing the
  418  offense, the inmate committed aggravated child abuse, sexual
  419  battery against the child, or a lewd or lascivious offense
  420  committed upon or in the presence of a person less than 16 years
  421  of age;
  422         (g) Are sentenced, have previously been sentenced, or have
  423  been sentenced at any time under s. 775.084, or have been
  424  sentenced at any time in another jurisdiction as a habitual
  425  offender;
  426         (h) Are convicted, or have been previously convicted, of
  427  committing or attempting to commit assault, aggravated assault,
  428  battery, aggravated battery, kidnapping, manslaughter, or murder
  429  against an officer as defined in s. 943.10(1), (2), (3), (6),
  430  (7), (8), or (9); against a state attorney or assistant state
  431  attorney; or against a justice or judge of a court described in
  432  Art. V of the State Constitution; or against an officer, judge,
  433  or state attorney employed in a comparable position by any other
  434  jurisdiction; or
  435         (i) Are convicted, or have been previously convicted, of
  436  committing or attempting to commit murder in the first, second,
  437  or third degree under s. 782.04(1), (2), (3), or (4), or have
  438  ever been convicted of any degree of murder or attempted murder
  439  in another jurisdiction;
  440         (j) Are convicted, or have been previously convicted, of
  441  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  442  have been sentenced at any time, as a habitual offender for such
  443  offense, or have been sentenced at any time in another
  444  jurisdiction as a habitual offender for such offense;
  445         (k)1. Are serving a sentence for an offense committed on or
  446  after January 1, 1994, for a violation of the Law Enforcement
  447  Protection Act under s. 775.0823(2), (3), (4), (5), or (6), and
  448  the subtotal of the offender’s sentence points is multiplied
  449  pursuant to former s. 921.0014 or s. 921.0024;
  450         2. Are serving a sentence for an offense committed on or
  451  after October 1, 1995, for a violation of the Law Enforcement
  452  Protection Act under s. 775.0823(2), (3), (4), (5), (6), (7),
  453  (8), or (9), and the subtotal of the offender’s sentence points
  454  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  455         (l) Are serving a sentence for an offense committed on or
  456  after January 1, 1994, for possession of a firearm,
  457  semiautomatic firearm, or machine gun in which additional points
  458  are added to the subtotal of the offender’s sentence points
  459  pursuant to former s. 921.0014 or s. 921.0024; or
  460         (m) Are convicted, or have been previously convicted, of
  461  committing or attempting to commit manslaughter, kidnapping,
  462  robbery, carjacking, home-invasion robbery, or a burglary under
  463  s. 810.02(2).
  464  
  465  In making control release eligibility determinations under this
  466  subsection, the authority may rely on any document leading to or
  467  generated during the course of the criminal proceedings,
  468  including, but not limited to, any presentence or postsentence
  469  investigation or any information contained in arrest reports
  470  relating to circumstances of the offense.
  471         Section 8. This act shall take effect October 1, 2012.