Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7048
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-01887-14                                          20147048__
    1                        A bill to be entitled                      
    2         An act relating to renaming the Parole Commission;
    3         providing legislative findings; renaming the Parole
    4         Commission as the Florida Commission on Offender
    5         Review; providing a directive to the Division of Law
    6         Revision and Information; amending ss. 20.315, 20.32,
    7         23.21, 98.093, 186.005, 255.502, 322.16, 394.926,
    8         394.927, 633.304, 775.089, 775.16, 784.07, 784.078,
    9         800.09, 843.01, 843.02, 843.08, 893.11, 921.16,
   10         921.20, 921.21, 921.22, 940.03, 940.05, 940.061,
   11         941.23, 943.0311, 943.06, 944.012, 944.02, 944.171,
   12         944.4731, 945.091, 945.10, 945.47, 945.73, 947.005,
   13         947.01, 947.02, 947.021, 947.045, 947.141, 947.146,
   14         947.181, 947.185, 947.22, 948.09, 948.10, 949.05,
   15         951.29, 957.06, 958.045, 960.001, 960.17, 985.04, and
   16         985.045, F.S.; conforming provisions to changes made
   17         by the act; making technical changes; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. The Legislature finds and recognizes the
   23  importance of the state’s role in the transition of inmates from
   24  prison to the community in reducing recidivism rates. Therefore,
   25  the Parole Commission, authorized by s. 8(c), Article IV of the
   26  State Constitution, is renamed as the Florida Commission on
   27  Offender Review. The commission retains its powers, duties, and
   28  functions currently in place.
   29         Section 2. The Division of Law Revision and Information is
   30  directed to rename chapter 947, Florida Statutes, as “Florida
   31  Commission on Offender Review.”
   32         Section 3. Subsections (9) and (10) of section 20.315,
   33  Florida Statutes, are amended to read:
   34         20.315 Department of Corrections.—There is created a
   35  Department of Corrections.
   36         (9) FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.—All
   37  commitments shall state the statutory authority therefor. The
   38  Secretary of Corrections shall have the authority to prescribe
   39  the form to be used for commitments. Nothing in This act does
   40  not shall be construed to abridge the authority and
   41  responsibility of the Florida Parole Commission on Offender
   42  Review with respect to the granting and revocation of parole.
   43  The Department of Corrections shall notify the Florida Parole
   44  Commission on Offender Review of all violations of parole
   45  conditions and provide reports connected thereto as may be
   46  requested by the commission. The commission shall have the
   47  authority to issue orders dealing with supervision of specific
   48  parolees, and such orders shall be binding on all parties.
   49         (10) SINGLE INFORMATION AND RECORDS SYSTEM.—Only one
   50  offender-based information and records computer system shall be
   51  maintained by the Department of Corrections for the joint use of
   52  the department and the Florida Parole Commission on Offender
   53  Review. The data system shall be managed through the
   54  department’s office of information technology. The department
   55  shall develop and maintain, in consultation with the Criminal
   56  and Juvenile Justice Information Systems Council under s.
   57  943.08, such offender-based information, including clemency
   58  administration information and other computer services to serve
   59  the needs of both the department and the Florida Parole
   60  Commission on Offender Review. The department shall notify the
   61  commission of all violations of parole and the circumstances
   62  thereof.
   63         Section 4. Section 20.32, Florida Statutes, is amended to
   64  read:
   65         20.32 Florida Parole Commission on Offender Review.—
   66         (1) The Parole and Probation Commission, authorized by s.
   67  8(c), Art. IV, State Constitution of 1968, is continued and
   68  renamed the Florida Parole Commission on Offender Review. The
   69  commission retains its powers, duties, and functions with
   70  respect to the granting and revoking of parole and shall
   71  exercise powers, duties, and functions relating to
   72  investigations of applications for clemency as directed by the
   73  Governor and the Cabinet.
   74         (2) All powers, duties, and functions relating to the
   75  appointment of the Florida Parole Commission on Offender Review
   76  as provided in s. 947.02 or s. 947.021 shall be exercised and
   77  performed by the Governor and the Cabinet. Except as provided in
   78  s. 947.021, each appointment shall be made from among the first
   79  three eligible persons on the list of the persons eligible for
   80  said position.
   81         (3) The commission may require any employee of the
   82  commission to give a bond for the faithful performance of his or
   83  her duties. The commission may determine the amount of the bond
   84  and must approve the bond. In determining the amount of the
   85  bond, the commission may consider the amount of money or
   86  property likely to be in custody of the officer or employee at
   87  any one time. The premiums for the bonds must be paid out of the
   88  funds of the commission.
   89         Section 5. Subsection (1) of section 23.21, Florida
   90  Statutes, is amended to read:
   91         23.21 Definitions.—For purposes of this part:
   92         (1) “Department” means a principal administrative unit
   93  within the executive branch of state government, as defined in
   94  chapter 20, and includes the State Board of Administration, the
   95  Executive Office of the Governor, the Fish and Wildlife
   96  Conservation Commission, the Florida Parole Commission on
   97  Offender Review, the Agency for Health Care Administration, the
   98  State Board of Education, the Board of Governors of the State
   99  University System, the Justice Administrative Commission, the
  100  capital collateral regional counsel, and separate budget
  101  entities placed for administrative purposes within a department.
  102         Section 6. Paragraph (e) of subsection (2) of section
  103  98.093, Florida Statutes, is amended to read:
  104         98.093 Duty of officials to furnish information relating to
  105  deceased persons, persons adjudicated mentally incapacitated,
  106  and persons convicted of a felony.—
  107         (2) To the maximum extent feasible, state and local
  108  government agencies shall facilitate provision of information
  109  and access to data to the department, including, but not limited
  110  to, databases that contain reliable criminal records and records
  111  of deceased persons. State and local government agencies that
  112  provide such data shall do so without charge if the direct cost
  113  incurred by those agencies is not significant.
  114         (e) The Florida Parole Commission on Offender Review shall
  115  furnish at least bimonthly to the department data, including the
  116  identity of those persons granted clemency in the preceding
  117  month or any updates to prior records which have occurred in the
  118  preceding month. The data shall contain the commission’s case
  119  number and the person’s name, address, date of birth, race,
  120  gender, Florida driver driver’s license number, Florida
  121  identification card number, or the last four digits of the
  122  social security number, if available, and references to record
  123  identifiers assigned by the Department of Corrections and the
  124  Department of Law Enforcement, a unique identifier of each
  125  clemency case, and the effective date of clemency of each
  126  person.
  127         Section 7. Subsection (1) of section 186.005, Florida
  128  Statutes, is amended to read:
  129         186.005 Designation of departmental planning officer.—
  130         (1) The head of each executive department and the Public
  131  Service Commission, the Fish and Wildlife Conservation
  132  Commission, the Florida Parole Commission on Offender Review,
  133  and the Department of Military Affairs shall select from within
  134  such agency a person to be designated as the planning officer
  135  for such agency. The planning officer shall be responsible for
  136  coordinating with the Executive Office of the Governor and with
  137  the planning officers of other agencies all activities and
  138  responsibilities of such agency relating to planning.
  139         Section 8. Subsection (3) of section 255.502, Florida
  140  Statutes, is amended to read:
  141         255.502 Definitions; ss. 255.501-255.525.—As used in this
  142  act, the following words and terms shall have the following
  143  meanings unless the context otherwise requires:
  144         (3) “Agency” means any department created by chapter 20,
  145  the Executive Office of the Governor, the Fish and Wildlife
  146  Conservation Commission, the Florida Parole Commission on
  147  Offender Review, the State Board of Administration, the
  148  Department of Military Affairs, or the Legislative Branch or the
  149  Judicial Branch of state government.
  150         Section 9. Paragraph (c) of subsection (1) of section
  151  322.16, Florida Statutes, is amended to read:
  152         322.16 License restrictions.—
  153         (1)
  154         (c) The department may further, at any time, impose other
  155  restrictions on the use of the license with respect to time and
  156  purpose of use or may impose any other condition or restriction
  157  upon recommendation of any court, of the Florida Parole
  158  Commission on Offender Review, or of the Department of
  159  Corrections with respect to any individual who is under the
  160  jurisdiction, supervision, or control of the entity that made
  161  the recommendation.
  162         Section 10. Section 394.926, Florida Statutes, is amended
  163  to read:
  164         394.926 Notice to victims of release of persons committed
  165  as sexually violent predators; notice to Department of
  166  Corrections and Florida Parole Commission on Offender Review.—
  167         (1) As soon as is practicable, the department shall give
  168  written notice of the release of a person committed as a
  169  sexually violent predator to any victim of the committed person
  170  who is alive and whose address is known to the department or, if
  171  the victim is deceased, to the victim’s family, if the family’s
  172  address is known to the department. Failure to notify is not a
  173  reason for postponement of release. This section does not create
  174  a cause of action against the state or an employee of the state
  175  acting within the scope of the employee’s employment as a result
  176  of the failure to notify pursuant to this part.
  177         (2) If a sexually violent predator who has an active or
  178  pending term of probation, community control, parole,
  179  conditional release, or other court-ordered or postprison
  180  release supervision is released from custody, the department
  181  must immediately notify the Department of Corrections’ Office of
  182  Community Corrections in Tallahassee. The Florida Parole
  183  Commission on Offender Review must also be immediately notified
  184  of any releases of a sexually violent predator who has an active
  185  or pending term of parole, conditional release, or other
  186  postprison release supervision that is administered by the
  187  Florida Parole Commission on Offender Review.
  188         Section 11. Section 394.927, Florida Statutes, is amended
  189  to read:
  190         394.927 Escape while in lawful custody; notice to victim;
  191  notice to the Department of Corrections and Florida Parole
  192  Commission on Offender Review.—
  193         (1) A person who is held in lawful custody pursuant to a
  194  judicial finding of probable cause under s. 394.915 or pursuant
  195  to a commitment as a sexually violent predator under s. 394.916
  196  and who escapes or attempts to escape while in such custody
  197  commits a felony of the second degree, punishable as provided in
  198  s. 775.082, s. 775.083, or s. 775.084.
  199         (2) If a person who is held in custody pursuant to a
  200  finding of probable cause or commitment as a sexually violent
  201  predator escapes while in custody, the department shall
  202  immediately notify the victim in accordance with s. 394.926. The
  203  state attorney that filed the petition for civil commitment of
  204  the escapee must also be immediately notified by the department.
  205  If the escapee has an active or pending term of probation,
  206  community control, parole, conditional release, or other court
  207  ordered or postprison release supervision, the department shall
  208  also immediately notify the Department of Corrections’ Office of
  209  Community Corrections in Tallahassee. The Florida Parole
  210  Commission on Offender Review shall also be immediately notified
  211  of an escape if the escapee has an active or pending term of
  212  parole, conditional release, or other postprison release
  213  supervision that is administered by the Florida Parole
  214  Commission on Offender Review.
  215         Section 12. Paragraph (d) of subsection (4) of section
  216  633.304, Florida Statutes, is amended to read:
  217         633.304 Fire suppression equipment; license to install or
  218  maintain.—
  219         (4)
  220         (d) A license of any class may not be issued or renewed by
  221  the division and a license of any class does not remain
  222  operative unless:
  223         1. The applicant has submitted to the State Fire Marshal
  224  evidence of registration as a Florida corporation or evidence of
  225  compliance with s. 865.09.
  226         2. The State Fire Marshal or his or her designee has by
  227  inspection determined that the applicant possesses the equipment
  228  required for the class of license sought. The State Fire Marshal
  229  shall give an applicant a reasonable opportunity to correct any
  230  deficiencies discovered by inspection. To obtain such
  231  inspection, an applicant with facilities located outside this
  232  state must:
  233         a. Provide a notarized statement from a professional
  234  engineer licensed by the applicant’s state of domicile
  235  certifying that the applicant possesses the equipment required
  236  for the class of license sought and that all such equipment is
  237  operable; or
  238         b. Allow the State Fire Marshal or her or his designee to
  239  inspect the facility. All costs associated with the State Fire
  240  Marshal’s inspection shall be paid by the applicant. The State
  241  Fire Marshal, in accordance with s. 120.54, may adopt rules to
  242  establish standards for the calculation and establishment of the
  243  amount of costs associated with any inspection conducted by the
  244  State Fire Marshal under this section. Such rules shall include
  245  procedures for invoicing and receiving funds in advance of the
  246  inspection.
  247         3. The applicant has submitted to the State Fire Marshal
  248  proof of insurance providing coverage for comprehensive general
  249  liability for bodily injury and property damage, products
  250  liability, completed operations, and contractual liability. The
  251  State Fire Marshal shall adopt rules providing for the amounts
  252  of such coverage, but such amounts may shall not be less than
  253  $300,000 for Class A or Class D licenses, $200,000 for Class B
  254  licenses, and $100,000 for Class C licenses; and the total
  255  coverage for any class of license held in conjunction with a
  256  Class D license may not be less than $300,000. The State Fire
  257  Marshal may, at any time after the issuance of a license or its
  258  renewal, require upon demand, and in no event more than 30 days
  259  after notice of such demand, the licensee to provide proof of
  260  insurance, on a form provided by the State Fire Marshal,
  261  containing confirmation of insurance coverage as required by
  262  this chapter. Failure, for any length of time, to provide proof
  263  of insurance coverage as required shall result in the immediate
  264  suspension of the license until proof of proper insurance is
  265  provided to the State Fire Marshal. An insurer which provides
  266  such coverage shall notify the State Fire Marshal of any change
  267  in coverage or of any termination, cancellation, or nonrenewal
  268  of any coverage.
  269         4. The applicant applies to the State Fire Marshal,
  270  provides proof of experience, and successfully completes a
  271  prescribed training course offered by the State Fire College or
  272  an equivalent course approved by the State Fire Marshal. This
  273  subparagraph does not apply to any holder of or applicant for a
  274  permit under paragraph (g) or to a business organization or a
  275  governmental entity seeking initial licensure or renewal of an
  276  existing license solely for the purpose of inspecting,
  277  servicing, repairing, marking, recharging, and maintaining fire
  278  extinguishers used and located on the premises of and owned by
  279  such organization or entity.
  280         5. The applicant has a current retestor identification
  281  number that is appropriate for the license for which the
  282  applicant is applying and that is listed with the United States
  283  Department of Transportation.
  284         6. The applicant has passed, with a grade of at least 70
  285  percent, a written examination testing his or her knowledge of
  286  the rules and statutes governing the activities authorized by
  287  the license and demonstrating his or her knowledge and ability
  288  to perform those tasks in a competent, lawful, and safe manner.
  289  Such examination shall be developed and administered by the
  290  State Fire Marshal, or his or her designee in accordance with
  291  policies and procedures of the State Fire Marshal. An applicant
  292  shall pay a nonrefundable examination fee of $50 for each
  293  examination or reexamination scheduled. A reexamination may not
  294  be scheduled sooner than 30 days after any administration of an
  295  examination to an applicant. An applicant may not be permitted
  296  to take an examination for any level of license more than a
  297  total of four times during 1 year, regardless of the number of
  298  applications submitted. As a prerequisite to licensure of the
  299  applicant, he or she:
  300         a. Must be at least 18 years of age.
  301         b. Must have 4 years of proven experience as a fire
  302  equipment permittee at a level equal to or greater than the
  303  level of license applied for or have a combination of education
  304  and experience determined to be equivalent thereto by the State
  305  Fire Marshal. Having held a permit at the appropriate level for
  306  the required period constitutes the required experience.
  307         c. Must not have been convicted of a felony or a crime
  308  punishable by imprisonment of 1 year or more under the law of
  309  the United States or of any state thereof or under the law of
  310  any other country. “Convicted” means a finding of guilt or the
  311  acceptance of a plea of guilty or nolo contendere in any federal
  312  or state court or a court in any other country, without regard
  313  to whether a judgment of conviction has been entered by the
  314  court having jurisdiction of the case. If an applicant has been
  315  convicted of any such felony, the applicant shall be excluded
  316  from licensure for a period of 4 years after expiration of
  317  sentence or final release by the Florida Parole Commission on
  318  Offender Review unless the applicant, before the expiration of
  319  the 4-year period, has received a full pardon or has had her or
  320  his civil rights restored.
  321  
  322  This subparagraph does not apply to any holder of or applicant
  323  for a permit under paragraph (g) or to a business organization
  324  or a governmental entity seeking initial licensure or renewal of
  325  an existing license solely for the purpose of inspecting,
  326  servicing, repairing, marking, recharging, hydrotesting, and
  327  maintaining fire extinguishers used and located on the premises
  328  of and owned by such organization or entity.
  329         Section 13. Subsection (4) of section 775.089, Florida
  330  Statutes, is amended to read:
  331         775.089 Restitution.—
  332         (4) If a defendant is placed on probation or paroled,
  333  complete satisfaction of any restitution ordered under this
  334  section shall be a condition of such probation or parole. The
  335  court may revoke probation, and the Florida Parole Commission on
  336  Offender Review may revoke parole, if the defendant fails to
  337  comply with such order.
  338         Section 14. Section 775.16, Florida Statutes, is amended to
  339  read:
  340         775.16 Drug offenses; additional penalties.—In addition to
  341  any other penalty provided by law, a person who has been
  342  convicted of sale of or trafficking in, or conspiracy to sell or
  343  traffic in, a controlled substance under chapter 893, if such
  344  offense is a felony, or who has been convicted of an offense
  345  under the laws of any state or country which, if committed in
  346  this state, would constitute the felony of selling or
  347  trafficking in, or conspiracy to sell or traffic in, a
  348  controlled substance under chapter 893, is:
  349         (1) Disqualified from applying for employment by any agency
  350  of the state, unless:
  351         (a) The person has completed all sentences of imprisonment
  352  or supervisory sanctions imposed by the court, by the Florida
  353  Parole Commission on Offender Review, or by law; or
  354         (b) The person has complied with the conditions of
  355  subparagraphs 1. and 2. which shall be monitored by the
  356  Department of Corrections while the person is under any
  357  supervisory sanctions. The person under supervision may:
  358         1. Seek evaluation and enrollment in, and once enrolled
  359  maintain enrollment in until completion, a drug treatment and
  360  rehabilitation program which is approved by the Department of
  361  Children and Families Family Services, unless it is deemed by
  362  the program that the person does not have a substance abuse
  363  problem. The treatment and rehabilitation program may be
  364  specified by:
  365         a. The court, in the case of court-ordered supervisory
  366  sanctions;
  367         b. The Florida Parole Commission on Offender Review, in the
  368  case of parole, control release, or conditional release; or
  369         c. The Department of Corrections, in the case of
  370  imprisonment or any other supervision required by law.
  371         2. Submit to periodic urine drug testing pursuant to
  372  procedures prescribed by the Department of Corrections. If the
  373  person is indigent, the costs shall be paid by the Department of
  374  Corrections.
  375         (2) Disqualified from applying for a license, permit, or
  376  certificate required by any agency of the state to practice,
  377  pursue, or engage in any occupation, trade, vocation,
  378  profession, or business, unless:
  379         (a) The person has completed all sentences of imprisonment
  380  or supervisory sanctions imposed by the court, by the Florida
  381  Parole Commission on Offender Review, or by law;
  382         (b) The person has complied with the conditions of
  383  subparagraphs 1. and 2. which shall be monitored by the
  384  Department of Corrections while the person is under any
  385  supervisory sanction. If the person fails to comply with
  386  provisions of these subparagraphs by either failing to maintain
  387  treatment or by testing positive for drug use, the department
  388  shall notify the licensing, permitting, or certifying agency,
  389  which may refuse to reissue or reinstate such license, permit,
  390  or certification. The licensee, permittee, or certificateholder
  391  under supervision may:
  392         1. Seek evaluation and enrollment in, and once enrolled
  393  maintain enrollment in until completion, a drug treatment and
  394  rehabilitation program which is approved or regulated by the
  395  Department of Children and Families Family Services, unless it
  396  is deemed by the program that the person does not have a
  397  substance abuse problem. The treatment and rehabilitation
  398  program may be specified by:
  399         a. The court, in the case of court-ordered supervisory
  400  sanctions;
  401         b. The Florida Parole Commission on Offender Review, in the
  402  case of parole, control release, or conditional release; or
  403         c. The Department of Corrections, in the case of
  404  imprisonment or any other supervision required by law.
  405         2. Submit to periodic urine drug testing pursuant to
  406  procedures prescribed by the Department of Corrections. If the
  407  person is indigent, the costs shall be paid by the Department of
  408  Corrections; or
  409         (c) The person has successfully completed an appropriate
  410  program under the Correctional Education Program.
  411  
  412  The provisions of this section do not apply to any of the taxes,
  413  fees, or permits regulated, controlled, or administered by the
  414  Department of Revenue in accordance with the provisions of s.
  415  213.05.
  416         Section 15. Paragraph (d) of subsection (1) of section
  417  784.07, Florida Statutes, is amended to read:
  418         784.07 Assault or battery of law enforcement officers,
  419  firefighters, emergency medical care providers, public transit
  420  employees or agents, or other specified officers;
  421  reclassification of offenses; minimum sentences.—
  422         (1) As used in this section, the term:
  423         (d) “Law enforcement officer” includes a law enforcement
  424  officer, a correctional officer, a correctional probation
  425  officer, a part-time law enforcement officer, a part-time
  426  correctional officer, an auxiliary law enforcement officer, and
  427  an auxiliary correctional officer, as those terms are
  428  respectively defined in s. 943.10, and any county probation
  429  officer; an employee or agent of the Department of Corrections
  430  who supervises or provides services to inmates; an officer of
  431  the Florida Parole Commission on Offender Review; a federal law
  432  enforcement officer as defined in s. 901.1505; and law
  433  enforcement personnel of the Fish and Wildlife Conservation
  434  Commission or the Department of Law Enforcement.
  435         Section 16. Paragraph (b) of subsection (2) of section
  436  784.078, Florida Statutes, is amended to read:
  437         784.078 Battery of facility employee by throwing, tossing,
  438  or expelling certain fluids or materials.—
  439         (2)
  440         (b) “Employee” includes any person who is a parole examiner
  441  with the Florida Parole Commission on Offender Review.
  442         Section 17. Paragraph (a) of subsection (1) of section
  443  800.09, Florida Statutes, is amended to read:
  444         800.09 Lewd or lascivious exhibition in the presence of an
  445  employee.—
  446         (1) As used in this section, the term:
  447         (a) “Employee” means any person employed by or performing
  448  contractual services for a public or private entity operating a
  449  facility or any person employed by or performing contractual
  450  services for the corporation operating the prison industry
  451  enhancement programs or the correctional work programs under
  452  part II of chapter 946. The term also includes any person who is
  453  a parole examiner with the Florida Parole Commission on Offender
  454  Review.
  455         Section 18. Section 843.01, Florida Statutes, is amended to
  456  read:
  457         843.01 Resisting officer with violence to his or her
  458  person.—Whoever knowingly and willfully resists, obstructs, or
  459  opposes any officer as defined in s. 943.10(1), (2), (3), (6),
  460  (7), (8), or (9); member of the Florida Parole Commission on
  461  Offender Review or any administrative aide or supervisor
  462  employed by the commission; parole and probation supervisor;
  463  county probation officer; personnel or representative of the
  464  Department of Law Enforcement; or other person legally
  465  authorized to execute process in the execution of legal process
  466  or in the lawful execution of any legal duty, by offering or
  467  doing violence to the person of such officer or legally
  468  authorized person, is guilty of a felony of the third degree,
  469  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  470         Section 19. Section 843.02, Florida Statutes, is amended to
  471  read:
  472         843.02 Resisting officer without violence to his or her
  473  person.—Whoever shall resist, obstruct, or oppose any officer as
  474  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member
  475  of the Florida Parole Commission on Offender Review or any
  476  administrative aide or supervisor employed by the commission;
  477  county probation officer; parole and probation supervisor;
  478  personnel or representative of the Department of Law
  479  Enforcement; or other person legally authorized to execute
  480  process in the execution of legal process or in the lawful
  481  execution of any legal duty, without offering or doing violence
  482  to the person of the officer, shall be guilty of a misdemeanor
  483  of the first degree, punishable as provided in s. 775.082 or s.
  484  775.083.
  485         Section 20. Section 843.08, Florida Statutes, is amended to
  486  read:
  487         843.08 Falsely personating officer, etc.—A person who
  488  falsely assumes or pretends to be a sheriff, officer of the
  489  Florida Highway Patrol, officer of the Fish and Wildlife
  490  Conservation Commission, officer of the Department of
  491  Transportation, officer of the Department of Financial Services,
  492  officer of the Department of Corrections, correctional probation
  493  officer, deputy sheriff, state attorney or assistant state
  494  attorney, statewide prosecutor or assistant statewide
  495  prosecutor, state attorney investigator, coroner, police
  496  officer, lottery special agent or lottery investigator, beverage
  497  enforcement agent, or watchman, or any member of the Florida
  498  Parole Commission on Offender Review and any administrative aide
  499  or supervisor employed by the commission, or any personnel or
  500  representative of the Department of Law Enforcement, or a
  501  federal law enforcement officer as defined in s. 901.1505, and
  502  takes upon himself or herself to act as such, or to require any
  503  other person to aid or assist him or her in a matter pertaining
  504  to the duty of any such officer, commits a felony of the third
  505  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  506  775.084. However, a person who falsely personates any such
  507  officer during the course of the commission of a felony commits
  508  a felony of the second degree, punishable as provided in s.
  509  775.082, s. 775.083, or s. 775.084. If the commission of the
  510  felony results in the death or personal injury of another human
  511  being, the person commits a felony of the first degree,
  512  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  513         Section 21. Paragraph (a) of subsection (1) of section
  514  893.11, Florida Statutes, is amended to read:
  515         893.11 Suspension, revocation, and reinstatement of
  516  business and professional licenses.—For the purposes of s.
  517  120.60(6), any conviction in any court reported to the
  518  Comprehensive Case Information System of the Florida Association
  519  of Court Clerks and Comptrollers, Inc., for the sale of, or
  520  trafficking in, a controlled substance or for conspiracy to
  521  sell, or traffic in, a controlled substance constitutes an
  522  immediate serious danger to the public health, safety, or
  523  welfare, and is grounds for disciplinary action by the licensing
  524  state agency. A state agency shall initiate an immediate
  525  emergency suspension of an individual professional license
  526  issued by the agency, in compliance with the procedures for
  527  summary suspensions in s. 120.60(6), upon the agency’s findings
  528  of the licensee’s conviction in any court reported to the
  529  Comprehensive Case Information System of the Florida Association
  530  of Court Clerks and Comptrollers, Inc., for the sale of, or
  531  trafficking in, a controlled substance, or for conspiracy to
  532  sell, or traffic in, a controlled substance. Before renewing any
  533  professional license, a state agency that issues a professional
  534  license must use the Comprehensive Case Information System of
  535  the Florida Association of Court Clerks and Comptrollers, Inc.,
  536  to obtain information relating to any conviction for the sale
  537  of, or trafficking in, a controlled substance or for conspiracy
  538  to sell, or traffic in, a controlled substance. The clerk of
  539  court shall provide electronic access to each state agency at no
  540  cost and also provide certified copies of the judgment upon
  541  request to the agency. Upon a showing by any such convicted
  542  defendant whose professional license has been suspended or
  543  revoked pursuant to this section that his or her civil rights
  544  have been restored or upon a showing that the convicted
  545  defendant meets the following criteria, the agency head may
  546  reinstate or reactivate such license when:
  547         (1) The person has complied with the conditions of
  548  paragraphs (a) and (b) which shall be monitored by the
  549  Department of Corrections while the person is under any
  550  supervisory sanction. If the person fails to comply with
  551  provisions of these paragraphs by either failing to maintain
  552  treatment or by testing positive for drug use, the department
  553  shall notify the licensing agency, which shall revoke the
  554  license. The person under supervision may:
  555         (a) Seek evaluation and enrollment in, and once enrolled
  556  maintain enrollment in until completion, a drug treatment and
  557  rehabilitation program which is approved or regulated by the
  558  Department of Children and Families Family Services. The
  559  treatment and rehabilitation program shall be specified by:
  560         1. The court, in the case of court-ordered supervisory
  561  sanctions;
  562         2. The Florida Parole Commission on Offender Review, in the
  563  case of parole, control release, or conditional release; or
  564         3. The Department of Corrections, in the case of
  565  imprisonment or any other supervision required by law.
  566         Section 22. Subsection (2) of section 921.16, Florida
  567  Statutes, is amended to read:
  568         921.16 When sentences to be concurrent and when
  569  consecutive.—
  570         (2) A county court or circuit court of this state may
  571  direct that the sentence imposed by such court be served
  572  concurrently with a sentence imposed by a court of another state
  573  or of the United States or, for purposes of this section,
  574  concurrently with a sentence to be imposed in another
  575  jurisdiction. In such case, the Department of Corrections may
  576  designate the correctional institution of the other jurisdiction
  577  as the place for reception and confinement of such person and
  578  may also designate the place in Florida for reception and
  579  confinement of such person in the event that confinement in the
  580  other jurisdiction terminates before the expiration of the
  581  Florida sentence. The sheriff shall forward commitment papers
  582  and other documents specified in s. 944.17 to the department.
  583  Upon imposing such a sentence, the court shall notify the
  584  Florida Parole Commission on Offender Review as to the
  585  jurisdiction in which the sentence is to be served. Any prisoner
  586  so released to another jurisdiction shall be eligible for
  587  consideration for parole by the Florida Parole Commission on
  588  Offender Review pursuant to the provisions of chapter 947,
  589  except that the commission shall determine the presumptive
  590  parole release date and the effective parole release date by
  591  requesting such person’s file from the receiving jurisdiction.
  592  Upon receiving such records, the commission shall determine
  593  these release dates based on the relevant information in that
  594  file and shall give credit toward reduction of the Florida
  595  sentence for gain-time granted by the jurisdiction where the
  596  inmate is serving the sentence. The Florida Parole Commission on
  597  Offender Review may concur with the parole release decision of
  598  the jurisdiction granting parole and accepting supervision.
  599         Section 23. Section 921.20, Florida Statutes, is amended to
  600  read:
  601         921.20 Classification summary; Florida Parole Commission on
  602  Offender Review.—As soon as possible after a prisoner has been
  603  placed in the custody of the Department of Corrections, the
  604  classification board shall furnish a classification summary to
  605  the Florida Parole Commission on Offender Review for use as
  606  provided in s. 945.25. The summary shall include the criminal,
  607  personal, social, and environmental background and other
  608  relevant factors considered in classifying the prisoner for a
  609  penal environment best suited for the prisoner’s rapid
  610  rehabilitation.
  611         Section 24. Section 921.21, Florida Statutes, is amended to
  612  read:
  613         921.21 Progress reports to Florida Parole Commission on
  614  Offender Review.—From time to time the Department of Corrections
  615  shall submit to the Florida Parole Commission on Offender Review
  616  progress reports and recommendations regarding prisoners
  617  sentenced under s. 921.18. If When the classification board of
  618  the Department of Corrections determines that justice and the
  619  public welfare will best be served by paroling or discharging a
  620  prisoner, it shall transmit its finding to the Florida Parole
  621  Commission on Offender Review. The commission shall have the
  622  authority to place the prisoner on parole as provided by law or
  623  give the prisoner a full discharge from custody. The period of a
  624  parole granted by the Florida Parole Commission on Offender
  625  Review shall be in its discretion, but the parole period may
  626  shall not exceed the maximum term for which the prisoner was
  627  sentenced.
  628         Section 25. Section 921.22, Florida Statutes, is amended to
  629  read:
  630         921.22 Determination of exact period of imprisonment by
  631  Florida Parole Commission on Offender Review.—Upon the
  632  recommendation of the Department of Corrections, the Florida
  633  Parole Commission on Offender Review shall have the authority to
  634  determine the exact period of imprisonment to be served by
  635  defendants sentenced under the provisions of s. 921.18, but a
  636  prisoner may shall not be held in custody longer than the
  637  maximum sentence provided for the offense.
  638         Section 26. Section 940.03, Florida Statutes, is amended to
  639  read:
  640         940.03 Application for executive clemency.—If a When any
  641  person intends to apply for remission of any fine or forfeiture
  642  or the commutation of any punishment, or for pardon or
  643  restoration of civil rights, he or she shall request an
  644  application form from the Florida Parole Commission on Offender
  645  Review in compliance with such rules regarding application for
  646  executive clemency as are adopted by the Governor with the
  647  approval of two members of the Cabinet. Such application may
  648  require the submission of a certified copy of the applicant’s
  649  indictment or information, the judgment adjudicating the
  650  applicant to be guilty, and the sentence, if sentence has been
  651  imposed, and may also require the applicant to send a copy of
  652  the application to the judge and prosecuting attorney of the
  653  court in which the applicant was convicted, notifying them of
  654  the applicant’s intent to apply for executive clemency. An
  655  application for executive clemency for a person who is sentenced
  656  to death must be filed within 1 year after the date the Supreme
  657  Court issues a mandate on a direct appeal or the United States
  658  Supreme Court denies a petition for certiorari, whichever is
  659  later.
  660         Section 27. Section 940.05, Florida Statutes, is amended to
  661  read:
  662         940.05 Restoration of civil rights.—Any person who has been
  663  convicted of a felony may be entitled to the restoration of all
  664  the rights of citizenship enjoyed by him or her before prior to
  665  conviction if the person has:
  666         (1) Received a full pardon from the Board of Executive
  667  Clemency;
  668         (2) Served the maximum term of the sentence imposed upon
  669  him or her; or
  670         (3) Been granted his or her final release by the Florida
  671  Parole Commission on Offender Review.
  672         Section 28. Section 940.061, Florida Statutes, is amended
  673  to read:
  674         940.061 Informing persons about executive clemency and
  675  restoration of civil rights.—The Department of Corrections shall
  676  inform and educate inmates and offenders on community
  677  supervision about the restoration of civil rights. Each month
  678  the Department of Corrections shall send to the Florida Parole
  679  Commission on Offender Review by electronic means a list of the
  680  names of inmates who have been released from incarceration and
  681  offenders who have been terminated from supervision who may be
  682  eligible for restoration of civil rights.
  683         Section 29. Subsections (2) and (3) of section 941.23,
  684  Florida Statutes, are amended to read:
  685         941.23 Application for issuance of requisition; by whom
  686  made; contents.—
  687         (2) When the return to this state is required of a person
  688  who has been convicted of a crime in this state and has escaped
  689  from confinement or broken the terms of his or her bail,
  690  probation, or parole, the state attorney of the county in which
  691  the offense was committed, the Florida Parole Commission on
  692  Offender Review, the Department of Corrections, or the warden of
  693  the institution or sheriff of the county, from which escape was
  694  made, shall present to the Governor a written application for a
  695  requisition for the return of such person, in which application
  696  shall be stated the name of the person, the crime of which the
  697  person was convicted, the circumstances of his or her escape
  698  from confinement or of the breach of the terms of his or her
  699  bail, probation, or parole, and the state in which the person is
  700  believed to be, including the location of the person therein at
  701  the time application is made.
  702         (3) The application shall be verified by affidavit, shall
  703  be executed in duplicate, and shall be accompanied by two
  704  certified copies of the indictment returned or information and
  705  affidavit filed or of the complaint made to the judge, stating
  706  the offense with which the accused is charged, or of the
  707  judgment of conviction or of the sentence. The prosecuting
  708  officer, Florida Parole Commission on Offender Review,
  709  Department of Corrections, warden, or sheriff may also attach
  710  such further affidavits and other documents in duplicate as he
  711  or she shall deem proper to be submitted with such application.
  712  One copy of the application, with the action of the Governor
  713  indicated by endorsement thereon, and one of the certified
  714  copies of the indictment, complaint, information, and affidavits
  715  or of the judgment of conviction or of the sentence shall be
  716  filed in the office of the Department of State to remain of
  717  record in that office. The other copies of all papers shall be
  718  forwarded with the Governor’s requisition.
  719         Section 30. Subsection (7) of section 943.0311, Florida
  720  Statutes, is amended to read:
  721         943.0311 Chief of Domestic Security; duties of the
  722  department with respect to domestic security.—
  723         (7) As used in this section, the term “state agency”
  724  includes the Agency for Health Care Administration, the
  725  Department of Agriculture and Consumer Services, the Department
  726  of Business and Professional Regulation, the Department of
  727  Children and Families Family Services, the Department of Citrus,
  728  the Department of Economic Opportunity, the Department of
  729  Corrections, the Department of Education, the Department of
  730  Elderly Affairs, the Division of Emergency Management, the
  731  Department of Environmental Protection, the Department of
  732  Financial Services, the Department of Health, the Department of
  733  Highway Safety and Motor Vehicles, the Department of Juvenile
  734  Justice, the Department of Law Enforcement, the Department of
  735  Legal Affairs, the Department of Management Services, the
  736  Department of Military Affairs, the Department of Revenue, the
  737  Department of State, the Department of the Lottery, the
  738  Department of Transportation, the Department of Veterans’
  739  Affairs, the Fish and Wildlife Conservation Commission, the
  740  Florida Parole Commission on Offender Review, the State Board of
  741  Administration, and the Executive Office of the Governor.
  742         Section 31. Subsection (1) of section 943.06, Florida
  743  Statutes, is amended to read:
  744         943.06 Criminal and Juvenile Justice Information Systems
  745  Council.—There is created a Criminal and Juvenile Justice
  746  Information Systems Council within the department.
  747         (1) The council shall be composed of 15 members, consisting
  748  of the Attorney General or a designated assistant; the executive
  749  director of the Department of Law Enforcement or a designated
  750  assistant; the secretary of the Department of Corrections or a
  751  designated assistant; the chair of the Florida Parole Commission
  752  on Offender Review or a designated assistant; the Secretary of
  753  Juvenile Justice or a designated assistant; the executive
  754  director of the Department of Highway Safety and Motor Vehicles
  755  or a designated assistant; the Secretary of Children and
  756  Families Family Services or a designated assistant; the State
  757  Courts Administrator or a designated assistant; 1 public
  758  defender appointed by the Florida Public Defender Association,
  759  Inc.; 1 state attorney appointed by the Florida Prosecuting
  760  Attorneys Association, Inc.; and 5 members, to be appointed by
  761  the Governor, consisting of 2 sheriffs, 2 police chiefs, and 1
  762  clerk of the circuit court.
  763         Section 32. Subsection (5) of section 944.012, Florida
  764  Statutes, is amended to read:
  765         944.012 Legislative intent.—The Legislature hereby finds
  766  and declares that:
  767         (5) In order to make the correctional system an efficient
  768  and effective mechanism, the various agencies involved in the
  769  correctional process must coordinate their efforts. Where
  770  possible, interagency offices should be physically located
  771  within major institutions and should include representatives of
  772  the public employment service, the vocational rehabilitation
  773  programs of the Department of Education, and the Florida Parole
  774  Commission on Offender Review. Duplicative and unnecessary
  775  methods of evaluating offenders must be eliminated and areas of
  776  responsibility consolidated in order to more economically use
  777  utilize present scarce resources.
  778         Section 33. Subsection (1) of section 944.02, Florida
  779  Statutes, is amended to read:
  780         944.02 Definitions.—The following words and phrases used in
  781  this chapter shall, unless the context clearly indicates
  782  otherwise, have the following meanings:
  783         (1) “Commission” means the Florida Parole Commission on
  784  Offender Review.
  785         Section 34. Paragraph (c) of subsection (2) of section
  786  944.171, Florida Statutes, is amended to read:
  787         944.171 Housing of inmates.—
  788         (2) Notwithstanding s. 944.17, the department may enter
  789  into contracts with another state, a political subdivision of
  790  another state, or a correctional management services vendor in
  791  another state for the transfer and confinement in that state of
  792  inmates who have been committed to the custody of the
  793  department.
  794         (c) The Florida Parole Commission on Offender Review shall
  795  conduct any parole hearing for an inmate confined under a
  796  contract pursuant to this section according to the rules of the
  797  commission.
  798         Section 35. Paragraph (b) of subsection (2) of section
  799  944.4731, Florida Statutes, is amended to read:
  800         944.4731 Addiction-Recovery Supervision Program.—
  801         (2)
  802         (b) An offender released under addiction-recovery
  803  supervision shall be subject to specified terms and conditions,
  804  including payment of the costs of supervision under s. 948.09
  805  and any other court-ordered payments, such as child support and
  806  restitution. If an offender has received a term of probation or
  807  community control to be served after release from incarceration,
  808  the period of probation or community control may not be
  809  substituted for addiction-recovery supervision and shall follow
  810  the term of addiction-recovery supervision. A panel of not fewer
  811  than two parole commissioners shall establish the terms and
  812  conditions of supervision, and the terms and conditions must be
  813  included in the supervision order. In setting the terms and
  814  conditions of supervision, the parole commission shall weigh
  815  heavily the program requirements, including, but not limited to,
  816  work at paid employment while participating in treatment and
  817  traveling restrictions. The commission shall also determine
  818  whether an offender violates the terms and conditions of
  819  supervision and whether a violation warrants revocation of
  820  addiction-recovery supervision pursuant to s. 947.141. The
  821  parole commission shall review the offender’s record for the
  822  purpose of establishing the terms and conditions of supervision.
  823  The parole commission may impose any special conditions it
  824  considers warranted from its review of the record. The length of
  825  supervision may not exceed the maximum penalty imposed by the
  826  court.
  827         Section 36. Paragraph (b) of subsection (1) and paragraph
  828  (b) of subsection (6) of section 945.091, Florida Statutes, are
  829  amended to read:
  830         945.091 Extension of the limits of confinement; restitution
  831  by employed inmates.—
  832         (1) The department may adopt rules permitting the extension
  833  of the limits of the place of confinement of an inmate as to
  834  whom there is reasonable cause to believe that the inmate will
  835  honor his or her trust by authorizing the inmate, under
  836  prescribed conditions and following investigation and approval
  837  by the secretary, or the secretary’s designee, who shall
  838  maintain a written record of such action, to leave the confines
  839  of that place unaccompanied by a custodial agent for a
  840  prescribed period of time to:
  841         (b) Work at paid employment, participate in an education or
  842  a training program, or voluntarily serve a public or nonprofit
  843  agency or faith-based service group in the community, while
  844  continuing as an inmate of the institution or facility in which
  845  the inmate is confined, except during the hours of his or her
  846  employment, education, training, or service and traveling
  847  thereto and therefrom. An inmate may travel to and from his or
  848  her place of employment, education, or training only by means of
  849  walking, bicycling, or using public transportation or
  850  transportation that is provided by a family member or employer.
  851  Contingent upon specific appropriations, the department may
  852  transport an inmate in a state-owned vehicle if the inmate is
  853  unable to obtain other means of travel to his or her place of
  854  employment, education, or training.
  855         1. An inmate may participate in paid employment only during
  856  the last 36 months of his or her confinement, unless sooner
  857  requested by the Florida Parole Commission on Offender Review or
  858  the Control Release Authority.
  859         2. While working at paid employment and residing in the
  860  facility, an inmate may apply for placement at a contracted
  861  substance abuse transition housing program. The transition
  862  assistance specialist shall inform the inmate of program
  863  availability and assess the inmate’s need and suitability for
  864  transition housing assistance. If an inmate is approved for
  865  placement, the specialist shall assist the inmate. If an inmate
  866  requests and is approved for placement in a contracted faith
  867  based substance abuse transition housing program, the specialist
  868  must consult with the chaplain before prior to such placement.
  869  The department shall ensure that an inmate’s faith orientation,
  870  or lack thereof, will not be considered in determining admission
  871  to a faith-based program and that the program does not attempt
  872  to convert an inmate toward a particular faith or religious
  873  preference.
  874         (6)
  875         (b) An offender who is required to provide restitution or
  876  reparation may petition the circuit court to amend the amount of
  877  restitution or reparation required or to revise the schedule of
  878  repayment established by the department or the Florida Parole
  879  Commission on Offender Review.
  880         Section 37. Paragraph (d) of subsection (1), paragraphs (a)
  881  and (b) of subsection (2), and subsection (5) of section 945.10,
  882  Florida Statutes, are amended to read:
  883         945.10 Confidential information.—
  884         (1) Except as otherwise provided by law or in this section,
  885  the following records and information held by the Department of
  886  Corrections are confidential and exempt from the provisions of
  887  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
  888         (d) Florida Parole Commission on Offender Review records
  889  which are confidential or exempt from public disclosure by law.
  890         (2) The records and information specified in paragraphs
  891  (1)(a)-(h) may be released as follows unless expressly
  892  prohibited by federal law:
  893         (a) Information specified in paragraphs (1)(b), (d), and
  894  (f) to the Office of the Governor, the Legislature, the Florida
  895  Parole Commission on Offender Review, the Department of Children
  896  and Families Family Services, a private correctional facility or
  897  program that operates under a contract, the Department of Legal
  898  Affairs, a state attorney, the court, or a law enforcement
  899  agency. A request for records or information pursuant to this
  900  paragraph need not be in writing.
  901         (b) Information specified in paragraphs (1)(c), (e), and
  902  (h) to the Office of the Governor, the Legislature, the Florida
  903  Parole Commission on Offender Review, the Department of Children
  904  and Families Family Services, a private correctional facility or
  905  program that operates under contract, the Department of Legal
  906  Affairs, a state attorney, the court, or a law enforcement
  907  agency. A request for records or information pursuant to this
  908  paragraph must be in writing and a statement provided
  909  demonstrating a need for the records or information.
  910  
  911  Records and information released under this subsection remain
  912  confidential and exempt from the provisions of s. 119.07(1) and
  913  s. 24(a), Art. I of the State Constitution when held by the
  914  receiving person or entity.
  915         (5) The Department of Corrections and the Florida Parole
  916  Commission on Offender Review shall mutually cooperate with
  917  respect to maintaining the confidentiality of records that are
  918  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  919  of the State Constitution.
  920         Section 38. Subsection (2) of section 945.47, Florida
  921  Statutes, is amended to read:
  922         945.47 Discharge of inmate from mental health treatment.—
  923         (2) At any time that an inmate who has received mental
  924  health treatment while in the custody of the department becomes
  925  eligible for release under supervision or upon end of sentence,
  926  a record of the inmate’s mental health treatment may be provided
  927  to the Florida Parole Commission on Offender Review and to the
  928  Department of Children and Families Family Services upon
  929  request. The record shall include, at a minimum, a summary of
  930  the inmate’s diagnosis, length of stay in treatment, clinical
  931  history, prognosis, prescribed medication, treatment plan, and
  932  recommendations for aftercare services.
  933         Section 39. Subsection (6) of section 945.73, Florida
  934  Statutes, is amended to read:
  935         945.73 Inmate training program operation.—
  936         (6) The department shall work cooperatively with the
  937  Control Release Authority, the Florida Parole Commission on
  938  Offender Review, or such other authority as may exist or be
  939  established in the future which is empowered by law to effect
  940  the release of an inmate who has successfully completed the
  941  requirements established by ss. 945.71-945.74.
  942         Section 40. Subsection (3) of section 947.005, Florida
  943  Statutes, is amended to read:
  944         947.005 Definitions.—As used in this chapter, unless the
  945  context clearly indicates otherwise:
  946         (3) “Commission” means the Florida Parole Commission on
  947  Offender Review.
  948         Section 41. Section 947.01, Florida Statutes, is amended to
  949  read:
  950         947.01 Florida Parole Commission on Offender Review;
  951  creation; number of members.—A Florida Parole Commission on
  952  Offender Review is created to consist of six members who are
  953  residents of the state. Effective July 1, 1996, the membership
  954  of the commission shall be three members.
  955         Section 42. Section 947.02, Florida Statutes, is amended to
  956  read:
  957         947.02 Florida Parole Commission on Offender Review;
  958  members, appointment.—
  959         (1) Except as provided in s. 947.021, the members of the
  960  Florida Parole Commission on Offender Review shall be appointed
  961  by the Governor and Cabinet from a list of eligible applicants
  962  submitted by a parole qualifications committee. The appointments
  963  of members of the commission shall be certified to the Senate by
  964  the Governor and Cabinet for confirmation, and the membership of
  965  the commission shall include representation from minority
  966  persons as defined in s. 288.703.
  967         (2) A parole qualifications committee shall consist of five
  968  persons who are appointed by the Governor and Cabinet. One
  969  member shall be designated as chair by the Governor and Cabinet.
  970  The committee shall provide for statewide advertisement and the
  971  receiving of applications for any position or positions on the
  972  commission and shall devise a plan for the determination of the
  973  qualifications of the applicants by investigations and
  974  comprehensive evaluations, including, but not limited to,
  975  investigation and evaluation of the character, habits, and
  976  philosophy of each applicant. Each parole qualifications
  977  committee shall exist for 2 years. If additional vacancies on
  978  the commission occur during this 2-year period, the committee
  979  may advertise and accept additional applications; however, all
  980  previously submitted applications shall be considered along with
  981  the new applications according to the previously established
  982  plan for the evaluation of the qualifications of applicants.
  983         (3) Within 90 days before an anticipated vacancy by
  984  expiration of term pursuant to s. 947.03 or upon any other
  985  vacancy, the Governor and Cabinet shall appoint a parole
  986  qualifications committee if one has not been appointed during
  987  the previous 2 years. The committee shall consider applications
  988  for the commission seat, including the application of an
  989  incumbent commissioner if he or she applies, according to the
  990  provisions of subsection (2). The committee shall submit a list
  991  of three eligible applicants, which may include the incumbent if
  992  the committee so decides, without recommendation, to the
  993  Governor and Cabinet for appointment to the commission. In the
  994  case of an unexpired term, the appointment must be for the
  995  remainder of the unexpired term and until a successor is
  996  appointed and qualified. If more than one seat is vacant, the
  997  committee shall submit a list of eligible applicants, without
  998  recommendation, containing a number of names equal to three
  999  times the number of vacant seats; however, the names submitted
 1000  may shall not be distinguished by seat, and each submitted
 1001  applicant shall be considered eligible for each vacancy.
 1002         (4) Upon receiving a list of eligible persons from the
 1003  parole qualifications committee, the Governor and Cabinet may
 1004  reject the list. If the list is rejected, the committee shall
 1005  reinitiate the application and examination procedure according
 1006  to the provisions of subsection (2).
 1007         (5) Section The provisions of s. 120.525 and chapters 119
 1008  and 286 apply to all activities and proceedings of a parole
 1009  qualifications committee.
 1010         Section 43. Section 947.021, Florida Statutes, is amended
 1011  to read:
 1012         947.021 Florida Parole Commission on Offender Review;
 1013  expedited appointments.—Whenever the Legislature decreases the
 1014  membership of the commission, all terms of office shall expire,
 1015  notwithstanding any law to the contrary. Under such
 1016  circumstances, the Governor and Cabinet shall expedite the
 1017  appointment of commissioners. Notwithstanding the parole
 1018  qualifications committee procedure in s. 947.02, members shall
 1019  be directly appointed by the Governor and Cabinet. Members
 1020  appointed to the commission may be selected from incumbents.
 1021  Members shall be certified to the Senate by the Governor and
 1022  Cabinet for confirmation, and the membership of the commission
 1023  shall include representation from minority persons as defined in
 1024  s. 288.703.
 1025         Section 44. Section 947.045, Florida Statutes, is amended
 1026  to read:
 1027         947.045 Federal Grants Trust Fund.—The Federal Grants Trust
 1028  Fund is hereby created, to be administered by the Florida Parole
 1029  Commission on Offender Review.
 1030         (1) Funds to be credited to the trust fund shall consist of
 1031  receipts from federal grants and shall be used for the various
 1032  purposes for which the federal funds were intended.
 1033         (2) Notwithstanding the provisions of s. 216.301 and
 1034  pursuant to s. 216.351, any balance in the trust fund at the end
 1035  of any fiscal year shall remain in the trust fund at the end of
 1036  the year and shall be available for carrying out the purposes of
 1037  the trust fund.
 1038         Section 45. Subsection (3) of section 947.141, Florida
 1039  Statutes, is amended to read:
 1040         947.141 Violations of conditional release, control release,
 1041  or conditional medical release or addiction-recovery
 1042  supervision.—
 1043         (3) Within 45 days after notice to the Florida Parole
 1044  Commission on Offender Review of the arrest of a releasee
 1045  charged with a violation of the terms and conditions of
 1046  conditional release, control release, conditional medical
 1047  release, or addiction-recovery supervision, the releasee must be
 1048  afforded a hearing conducted by a commissioner or a duly
 1049  authorized representative thereof. If the releasee elects to
 1050  proceed with a hearing, the releasee must be informed orally and
 1051  in writing of the following:
 1052         (a) The alleged violation with which the releasee is
 1053  charged.
 1054         (b) The releasee’s right to be represented by counsel.
 1055         (c) The releasee’s right to be heard in person.
 1056         (d) The releasee’s right to secure, present, and compel the
 1057  attendance of witnesses relevant to the proceeding.
 1058         (e) The releasee’s right to produce documents on the
 1059  releasee’s own behalf.
 1060         (f) The releasee’s right of access to all evidence used
 1061  against the releasee and to confront and cross-examine adverse
 1062  witnesses.
 1063         (g) The releasee’s right to waive the hearing.
 1064         Section 46. Subsection (1) of section 947.146, Florida
 1065  Statutes, is amended to read:
 1066         947.146 Control Release Authority.—
 1067         (1) There is created a Control Release Authority which
 1068  shall be composed of the members of the Florida Parole
 1069  Commission on Offender Review and which shall have the same
 1070  chair as the commission. The authority shall use utilize such
 1071  commission staff as it determines is necessary to carry out its
 1072  purposes.
 1073         Section 47. Subsection (3) of section 947.181, Florida
 1074  Statutes, is amended to read:
 1075         947.181 Fines, fees, restitution, or other costs ordered to
 1076  be paid as conditions of parole.—
 1077         (3) If a defendant is paroled, any restitution ordered
 1078  under s. 775.089 shall be a condition of such parole. The
 1079  Florida Parole Commission on Offender Review may revoke parole
 1080  if the defendant fails to comply with such order.
 1081         Section 48. Section 947.185, Florida Statutes, is amended
 1082  to read:
 1083         947.185 Application for intellectual disability services as
 1084  condition of parole.—The Florida Parole Commission on Offender
 1085  Review may require as a condition of parole that any inmate who
 1086  has been diagnosed as having an intellectual disability as
 1087  defined in s. 393.063 shall, upon release, apply for services
 1088  from the Agency for Persons with Disabilities.
 1089         Section 49. Subsection (2) of section 947.22, Florida
 1090  Statutes, is amended to read:
 1091         947.22 Authority to arrest parole violators with or without
 1092  warrant.—
 1093         (2) Any parole and probation officer, if when she or he has
 1094  reasonable ground to believe that a parolee, control releasee,
 1095  or conditional releasee has violated the terms and conditions of
 1096  her or his parole, control release, or conditional release in a
 1097  material respect, has the right to arrest the releasee or
 1098  parolee without warrant and bring her or him forthwith before
 1099  one or more commissioners or a duly authorized representative of
 1100  the Florida Parole Commission on Offender Review or Control
 1101  Release Authority; and proceedings shall thereupon be had as
 1102  provided herein when a warrant has been issued by a member of
 1103  the commission or authority or a duly authorized representative
 1104  of the commission or authority.
 1105         Section 50. Paragraph (a) of subsection (1) and subsections
 1106  (3) and (6) of section 948.09, Florida Statutes, are amended to
 1107  read:
 1108         948.09 Payment for cost of supervision and rehabilitation.—
 1109         (1)(a)1. Any person ordered by the court, the Department of
 1110  Corrections, or the Florida parole Commission on Offender Review
 1111  to be placed on probation, drug offender probation, community
 1112  control, parole, control release, provisional release
 1113  supervision, addiction-recovery supervision, or conditional
 1114  release supervision under chapter 944, chapter 945, chapter 947,
 1115  this chapter 948, or chapter 958, or in a pretrial intervention
 1116  program, must, as a condition of any placement, pay the
 1117  department a total sum of money equal to the total month or
 1118  portion of a month of supervision times the court-ordered
 1119  amount, but not to exceed the actual per diem cost of the
 1120  supervision. The department shall adopt rules by which an
 1121  offender who pays in full and in advance of regular termination
 1122  of supervision may receive a reduction in the amount due. The
 1123  rules shall incorporate provisions by which the offender’s
 1124  ability to pay is linked to an established written payment plan.
 1125  Funds collected from felony offenders may be used to offset
 1126  costs of the Department of Corrections associated with community
 1127  supervision programs, subject to appropriation by the
 1128  Legislature.
 1129         2. In addition to any other contribution or surcharge
 1130  imposed by this section, each felony offender assessed under
 1131  this paragraph shall pay a $2-per-month surcharge to the
 1132  department. The surcharge shall be deemed to be paid only after
 1133  the full amount of any monthly payment required by the
 1134  established written payment plan has been collected by the
 1135  department. These funds shall be used by the department to pay
 1136  for correctional probation officers’ training and equipment,
 1137  including radios, and firearms training, firearms, and attendant
 1138  equipment necessary to train and equip officers who choose to
 1139  carry a concealed firearm while on duty. Nothing in This
 1140  subparagraph does not shall be construed to limit the
 1141  department’s authority to determine who shall be authorized to
 1142  carry a concealed firearm while on duty, or to limit the right
 1143  of a correctional probation officer to carry a personal firearm
 1144  approved by the department.
 1145         (3) Any failure to pay contribution as required under this
 1146  section may constitute a ground for the revocation of probation
 1147  by the court, the revocation of parole or conditional release by
 1148  the Florida Parole Commission on Offender Review, the revocation
 1149  of control release by the Control Release Authority, or removal
 1150  from the pretrial intervention program by the state attorney.
 1151  The Department of Corrections may exempt a person from the
 1152  payment of all or any part of the contribution if it finds any
 1153  of the following factors to exist:
 1154         (a) The offender has diligently attempted, but has been
 1155  unable, to obtain employment which provides him or her
 1156  sufficient income to make such payments.
 1157         (b) The offender is a student in a school, college,
 1158  university, or course of career training designed to fit the
 1159  student for gainful employment. Certification of such student
 1160  status shall be supplied to the Secretary of Corrections by the
 1161  educational institution in which the offender is enrolled.
 1162         (c) The offender has an employment handicap, as determined
 1163  by a physical, psychological, or psychiatric examination
 1164  acceptable to, or ordered by, the secretary.
 1165         (d) The offender’s age prevents him or her from obtaining
 1166  employment.
 1167         (e) The offender is responsible for the support of
 1168  dependents, and the payment of such contribution constitutes an
 1169  undue hardship on the offender.
 1170         (f) The offender has been transferred outside the state
 1171  under an interstate compact adopted pursuant to chapter 949.
 1172         (g) There are other extenuating circumstances, as
 1173  determined by the secretary.
 1174         (6) In addition to any other required contributions, the
 1175  department, at its discretion, may require offenders under any
 1176  form of supervision to submit to and pay for urinalysis testing
 1177  to identify drug usage as part of the rehabilitation program.
 1178  Any failure to make such payment, or participate, may be
 1179  considered a ground for revocation by the court, the Florida
 1180  Parole Commission on Offender Review, or the Control Release
 1181  Authority, or for removal from the pretrial intervention program
 1182  by the state attorney. The department may exempt a person from
 1183  such payment if it determines that any of the factors specified
 1184  in subsection (3) exist.
 1185         Section 51. Subsection (1) of section 948.10, Florida
 1186  Statutes, is amended to read:
 1187         948.10 Community control programs.—
 1188         (1) The Department of Corrections shall develop and
 1189  administer a community control program. This complementary
 1190  program shall be rigidly structured and designed to accommodate
 1191  offenders who, in the absence of such a program, would have been
 1192  incarcerated. The program shall focus on the provision of
 1193  sanctions and consequences which are commensurate with the
 1194  seriousness of the crime. The program shall offer the courts and
 1195  the Florida Parole Commission on Offender Review an alternative,
 1196  community-based method to punish an offender in lieu of
 1197  incarceration if when the offender is a member of one of the
 1198  following target groups:
 1199         (a) Probation violators charged with technical violations
 1200  or misdemeanor violations.
 1201         (b) Parole violators charged with technical violations or
 1202  misdemeanor violations.
 1203         (c) Individuals found guilty of felonies, who, due to their
 1204  criminal backgrounds or the seriousness of the offenses, would
 1205  not be placed on regular probation.
 1206         Section 52. Subsection (2) of section 949.05, Florida
 1207  Statutes, is amended to read:
 1208         949.05 Constitutionality.—
 1209         (2) If the method of selecting the commission members as
 1210  herein provided is found to be invalid by reason of the vesting
 1211  of the appointing power in the Governor and the Cabinet, the
 1212  members of the Florida Parole Commission on Offender Review
 1213  herein provided for shall be appointed by the Governor.
 1214         Section 53. Subsection (1) of section 951.29, Florida
 1215  Statutes, is amended to read:
 1216         951.29 Procedure for requesting restoration of civil rights
 1217  of county prisoners convicted of felonies.—
 1218         (1) With respect to a person who has been convicted of a
 1219  felony and is serving a sentence in a county detention facility,
 1220  the administrator of the county detention facility shall provide
 1221  to the prisoner, at least 2 weeks before discharge, if possible,
 1222  an application form obtained from the Florida Parole Commission
 1223  on Offender Review which the prisoner must complete in order to
 1224  begin the process of having his or her civil rights restored.
 1225         Section 54. Subsection (6) of section 957.06, Florida
 1226  Statutes, is amended to read:
 1227         957.06 Powers and duties not delegable to contractor.—A
 1228  contract entered into under this chapter does not authorize,
 1229  allow, or imply a delegation of authority to the contractor to:
 1230         (6) Make recommendations to the Florida Parole Commission
 1231  on Offender Review with respect to the denial or granting of
 1232  parole, control release, conditional release, or conditional
 1233  medical release. However, the contractor may submit written
 1234  reports to the Florida Parole Commission on Offender Review and
 1235  must respond to a written request by the Florida Parole
 1236  Commission on Offender Review for information.
 1237         Section 55. Paragraph (c) of subsection (8) of section
 1238  958.045, Florida Statutes, is amended to read:
 1239         958.045 Youthful offender basic training program.—
 1240         (8)
 1241         (c) The department shall work cooperatively with the
 1242  Control Release Authority or the Florida Parole Commission on
 1243  Offender Review to effect the release of an offender who has
 1244  successfully completed the requirements of the basic training
 1245  program.
 1246         Section 56. Subsection (1) of section 960.001, Florida
 1247  Statutes, is amended to read:
 1248         960.001 Guidelines for fair treatment of victims and
 1249  witnesses in the criminal justice and juvenile justice systems.—
 1250         (1) The Department of Legal Affairs, the state attorneys,
 1251  the Department of Corrections, the Department of Juvenile
 1252  Justice, the Florida Parole Commission on Offender Review, the
 1253  State Courts Administrator and circuit court administrators, the
 1254  Department of Law Enforcement, and every sheriff’s department,
 1255  police department, or other law enforcement agency as defined in
 1256  s. 943.10(4) shall develop and implement guidelines for the use
 1257  of their respective agencies, which guidelines are consistent
 1258  with the purposes of this act and s. 16(b), Art. I of the State
 1259  Constitution and are designed to implement the provisions of s.
 1260  16(b), Art. I of the State Constitution and to achieve the
 1261  following objectives:
 1262         (a) Information concerning services available to victims of
 1263  adult and juvenile crime.—As provided in s. 27.0065, state
 1264  attorneys and public defenders shall gather information
 1265  regarding the following services in the geographic boundaries of
 1266  their respective circuits and shall provide such information to
 1267  each law enforcement agency with jurisdiction within such
 1268  geographic boundaries. Law enforcement personnel shall ensure,
 1269  through distribution of a victim’s rights information card or
 1270  brochure at the crime scene, during the criminal investigation,
 1271  and in any other appropriate manner, that victims are given, as
 1272  a matter of course at the earliest possible time, information
 1273  about:
 1274         1. The availability of crime victim compensation, if when
 1275  applicable;
 1276         2. Crisis intervention services, supportive or bereavement
 1277  counseling, social service support referrals, and community
 1278  based victim treatment programs;
 1279         3. The role of the victim in the criminal or juvenile
 1280  justice process, including what the victim may expect from the
 1281  system as well as what the system expects from the victim;
 1282         4. The stages in the criminal or juvenile justice process
 1283  which are of significance to the victim and the manner in which
 1284  information about such stages can be obtained;
 1285         5. The right of a victim, who is not incarcerated,
 1286  including the victim’s parent or guardian if the victim is a
 1287  minor, the lawful representative of the victim or of the
 1288  victim’s parent or guardian if the victim is a minor, and the
 1289  next of kin of a homicide victim, to be informed, to be present,
 1290  and to be heard when relevant, at all crucial stages of a
 1291  criminal or juvenile proceeding, to the extent that this right
 1292  does not interfere with constitutional rights of the accused, as
 1293  provided by s. 16(b), Art. I of the State Constitution;
 1294         6. In the case of incarcerated victims, the right to be
 1295  informed and to submit written statements at all crucial stages
 1296  of the criminal proceedings, parole proceedings, or juvenile
 1297  proceedings; and
 1298         7. The right of a victim to a prompt and timely disposition
 1299  of the case in order to minimize the period during which the
 1300  victim must endure the responsibilities and stress involved to
 1301  the extent that this right does not interfere with the
 1302  constitutional rights of the accused.
 1303         (b) Information for purposes of notifying victim or
 1304  appropriate next of kin of victim or other designated contact of
 1305  victim.—In the case of a homicide, pursuant to chapter 782; or a
 1306  sexual offense, pursuant to chapter 794; or an attempted murder
 1307  or sexual offense, pursuant to chapter 777; or stalking,
 1308  pursuant to s. 784.048; or domestic violence, pursuant to s.
 1309  25.385:
 1310         1. The arresting law enforcement officer or personnel of an
 1311  organization that provides assistance to a victim or to the
 1312  appropriate next of kin of the victim or other designated
 1313  contact must request that the victim or appropriate next of kin
 1314  of the victim or other designated contact complete a victim
 1315  notification card. However, the victim or appropriate next of
 1316  kin of the victim or other designated contact may choose not to
 1317  complete the victim notification card.
 1318         2. Unless the victim or the appropriate next of kin of the
 1319  victim or other designated contact waives the option to complete
 1320  the victim notification card, a copy of the victim notification
 1321  card must be filed with the incident report or warrant in the
 1322  sheriff’s office of the jurisdiction in which the incident
 1323  report or warrant originated. The notification card shall, at a
 1324  minimum, consist of:
 1325         a. The name, address, and phone number of the victim; or
 1326         b. The name, address, and phone number of the appropriate
 1327  next of kin of the victim; or
 1328         c. The name, address, and telephone phone number of a
 1329  designated contact other than the victim or appropriate next of
 1330  kin of the victim; and
 1331         d. Any relevant identification or case numbers assigned to
 1332  the case.
 1333         3. The chief administrator, or a person designated by the
 1334  chief administrator, of a county jail, municipal jail, juvenile
 1335  detention facility, or residential commitment facility shall
 1336  make a reasonable attempt to notify the alleged victim or
 1337  appropriate next of kin of the alleged victim or other
 1338  designated contact within 4 hours following the release of the
 1339  defendant on bail or, in the case of a juvenile offender, upon
 1340  the release from residential detention or commitment. If the
 1341  chief administrator, or designee, is unable to contact the
 1342  alleged victim or appropriate next of kin of the alleged victim
 1343  or other designated contact by telephone, the chief
 1344  administrator, or designee, must send to the alleged victim or
 1345  appropriate next of kin of the alleged victim or other
 1346  designated contact a written notification of the defendant’s
 1347  release.
 1348         4. Unless otherwise requested by the victim or the
 1349  appropriate next of kin of the victim or other designated
 1350  contact, the information contained on the victim notification
 1351  card must be sent by the chief administrator, or designee, of
 1352  the appropriate facility to the subsequent correctional or
 1353  residential commitment facility following the sentencing and
 1354  incarceration of the defendant, and unless otherwise requested
 1355  by the victim or the appropriate next of kin of the victim or
 1356  other designated contact, he or she must be notified of the
 1357  release of the defendant from incarceration as provided by law.
 1358         5. If the defendant was arrested pursuant to a warrant
 1359  issued or taken into custody pursuant to s. 985.101 in a
 1360  jurisdiction other than the jurisdiction in which the defendant
 1361  is being released, and the alleged victim or appropriate next of
 1362  kin of the alleged victim or other designated contact does not
 1363  waive the option for notification of release, the chief
 1364  correctional officer or chief administrator of the facility
 1365  releasing the defendant shall make a reasonable attempt to
 1366  immediately notify the chief correctional officer of the
 1367  jurisdiction in which the warrant was issued or the juvenile was
 1368  taken into custody pursuant to s. 985.101, and the chief
 1369  correctional officer of that jurisdiction shall make a
 1370  reasonable attempt to notify the alleged victim or appropriate
 1371  next of kin of the alleged victim or other designated contact,
 1372  as provided in this paragraph, that the defendant has been or
 1373  will be released.
 1374         (c) Information concerning protection available to victim
 1375  or witness.—A victim or witness shall be furnished, as a matter
 1376  of course, with information on steps that are available to law
 1377  enforcement officers and state attorneys to protect victims and
 1378  witnesses from intimidation. Victims of domestic violence shall
 1379  also be given information about the address confidentiality
 1380  program provided under s. 741.403.
 1381         (d) Notification of scheduling changes.—Each victim or
 1382  witness who has been scheduled to attend a criminal or juvenile
 1383  justice proceeding shall be notified as soon as possible by the
 1384  agency scheduling his or her appearance of any change in
 1385  scheduling which will affect his or her appearance.
 1386         (e) Advance notification to victim or relative of victim
 1387  concerning judicial proceedings; right to be present.—Any
 1388  victim, parent, guardian, or lawful representative of a minor
 1389  who is a victim, or relative of a homicide victim shall receive
 1390  from the appropriate agency, at the address found in the police
 1391  report or the victim notification card if such has been provided
 1392  to the agency, prompt advance notification, unless the agency
 1393  itself does not have advance notification, of judicial and
 1394  postjudicial proceedings relating to his or her case, including
 1395  all proceedings or hearings relating to:
 1396         1. The arrest of an accused;
 1397         2. The release of the accused pending judicial proceedings
 1398  or any modification of release conditions; and
 1399         3. Proceedings in the prosecution or petition for
 1400  delinquency of the accused, including the filing of the
 1401  accusatory instrument, the arraignment, disposition of the
 1402  accusatory instrument, trial or adjudicatory hearing, sentencing
 1403  or disposition hearing, appellate review, subsequent
 1404  modification of sentence, collateral attack of a judgment, and,
 1405  when a term of imprisonment, detention, or residential
 1406  commitment is imposed, the release of the defendant or juvenile
 1407  offender from such imprisonment, detention, or residential
 1408  commitment by expiration of sentence or parole and any meeting
 1409  held to consider such release.
 1410  
 1411  A victim, a victim’s parent or guardian if the victim is a
 1412  minor, a lawful representative of the victim or of the victim’s
 1413  parent or guardian if the victim is a minor, or a victim’s next
 1414  of kin may not be excluded from any portion of any hearing,
 1415  trial, or proceeding pertaining to the offense based solely on
 1416  the fact that such person is subpoenaed to testify, unless, upon
 1417  motion, the court determines such person’s presence to be
 1418  prejudicial. The appropriate agency with respect to notification
 1419  under subparagraph 1. is the arresting law enforcement agency,
 1420  and the appropriate agency with respect to notification under
 1421  subparagraphs 2. and 3. is the Attorney General or state
 1422  attorney, unless the notification relates to a hearing
 1423  concerning parole, in which case the appropriate agency is the
 1424  Florida Parole Commission on Offender Review. The Department of
 1425  Corrections, the Department of Juvenile Justice, or the sheriff
 1426  is the appropriate agency with respect to release by expiration
 1427  of sentence or any other release program provided by law. A Any
 1428  victim may waive notification at any time, and such waiver shall
 1429  be noted in the agency’s files.
 1430         (f) Information concerning release from incarceration from
 1431  a county jail, municipal jail, juvenile detention facility, or
 1432  residential commitment facility.—The chief administrator, or a
 1433  person designated by the chief administrator, of a county jail,
 1434  municipal jail, juvenile detention facility, or residential
 1435  commitment facility shall, upon the request of the victim or the
 1436  appropriate next of kin of a victim or other designated contact
 1437  of the victim of any of the crimes specified in paragraph (b),
 1438  make a reasonable attempt to notify the victim or appropriate
 1439  next of kin of the victim or other designated contact before
 1440  prior to the defendant’s or offender’s release from
 1441  incarceration, detention, or residential commitment if the
 1442  victim notification card has been provided pursuant to paragraph
 1443  (b). If prior notification is not successful, a reasonable
 1444  attempt must be made to notify the victim or appropriate next of
 1445  kin of the victim or other designated contact within 4 hours
 1446  following the release of the defendant or offender from
 1447  incarceration, detention, or residential commitment. If the
 1448  defendant is released following sentencing, disposition, or
 1449  furlough, the chief administrator or designee shall make a
 1450  reasonable attempt to notify the victim or the appropriate next
 1451  of kin of the victim or other designated contact within 4 hours
 1452  following the release of the defendant. If the chief
 1453  administrator or designee is unable to contact the victim or
 1454  appropriate next of kin of the victim or other designated
 1455  contact by telephone, the chief administrator or designee must
 1456  send to the victim or appropriate next of kin of the victim or
 1457  other designated contact a written notification of the
 1458  defendant’s or offender’s release.
 1459         (g) Consultation with victim or guardian or family of
 1460  victim.—
 1461         1. In addition to being notified of the provisions of s.
 1462  921.143, the victim of a felony involving physical or emotional
 1463  injury or trauma or, in a case in which the victim is a minor
 1464  child or in a homicide, the guardian or family of the victim
 1465  shall be consulted by the state attorney in order to obtain the
 1466  views of the victim or family about the disposition of any
 1467  criminal or juvenile case brought as a result of such crime,
 1468  including the views of the victim or family about:
 1469         a. The release of the accused pending judicial proceedings;
 1470         b. Plea agreements;
 1471         c. Participation in pretrial diversion programs; and
 1472         d. Sentencing of the accused.
 1473         2. Upon request, the state attorney shall permit the
 1474  victim, the victim’s parent or guardian if the victim is a
 1475  minor, the lawful representative of the victim or of the
 1476  victim’s parent or guardian if the victim is a minor, or the
 1477  victim’s next of kin in the case of a homicide to review a copy
 1478  of the presentence investigation report before prior to the
 1479  sentencing hearing if one was completed. Any confidential
 1480  information that pertains to medical history, mental health, or
 1481  substance abuse and any information that pertains to any other
 1482  victim shall be redacted from the copy of the report. Any person
 1483  who reviews the report pursuant to this paragraph must maintain
 1484  the confidentiality of the report and may shall not disclose its
 1485  contents to any person except statements made to the state
 1486  attorney or the court.
 1487         3. If When an inmate has been approved for community work
 1488  release, the Department of Corrections shall, upon request and
 1489  as provided in s. 944.605, notify the victim, the victim’s
 1490  parent or guardian if the victim is a minor, the lawful
 1491  representative of the victim or of the victim’s parent or
 1492  guardian if the victim is a minor, or the victim’s next of kin
 1493  if the victim is a homicide victim.
 1494         (h) Return of property to victim.—Law enforcement agencies
 1495  and the state attorney shall promptly return a victim’s property
 1496  held for evidentiary purposes unless there is a compelling law
 1497  enforcement reason for retaining it. The trial or juvenile court
 1498  exercising jurisdiction over the criminal or juvenile proceeding
 1499  may enter appropriate orders to implement the provisions of this
 1500  subsection, including allowing photographs of the victim’s
 1501  property to be used as evidence at the criminal trial or the
 1502  juvenile proceeding in place of the victim’s property if when no
 1503  substantial evidentiary issue related thereto is in dispute.
 1504         (i) Notification to employer and explanation to creditors
 1505  of victim or witness.—A victim or witness who so requests shall
 1506  be assisted by law enforcement agencies and the state attorney
 1507  in informing his or her employer that the need for victim and
 1508  witness cooperation in the prosecution of the case may
 1509  necessitate the absence of that victim or witness from work. A
 1510  victim or witness who, as a direct result of a crime or of his
 1511  or her cooperation with law enforcement agencies or a state
 1512  attorney, is subjected to serious financial strain shall be
 1513  assisted by such agencies and state attorney in explaining to
 1514  the creditors of such victim or witness the reason for such
 1515  serious financial strain.
 1516         (j) Notification of right to request restitution.—Law
 1517  enforcement agencies and the state attorney shall inform the
 1518  victim of the victim’s right to request and receive restitution
 1519  pursuant to s. 775.089 or s. 985.437, and of the victim’s rights
 1520  of enforcement under ss. 775.089(6) and 985.0301 in the event an
 1521  offender does not comply with a restitution order. The state
 1522  attorney shall seek the assistance of the victim in the
 1523  documentation of the victim’s losses for the purpose of
 1524  requesting and receiving restitution. In addition, the state
 1525  attorney shall inform the victim if and when restitution is
 1526  ordered. If an order of restitution is converted to a civil lien
 1527  or civil judgment against the defendant, the clerks shall make
 1528  available at their office, as well as on their website,
 1529  information provided by the Secretary of State, the court, or
 1530  The Florida Bar on enforcing the civil lien or judgment.
 1531         (k) Notification of right to submit impact statement.—The
 1532  state attorney shall inform the victim of the victim’s right to
 1533  submit an oral or written impact statement pursuant to s.
 1534  921.143 and shall assist in the preparation of such statement if
 1535  necessary.
 1536         (l) Local witness coordination services.—The requirements
 1537  for notification provided for in paragraphs (c), (d), and (i)
 1538  may be performed by the state attorney or public defender for
 1539  their own witnesses.
 1540         (m) Victim assistance education and training.—Victim
 1541  assistance education and training shall be offered to persons
 1542  taking courses at law enforcement training facilities and to
 1543  state attorneys and assistant state attorneys so that victims
 1544  may be promptly, properly, and completely assisted.
 1545         (n) General victim assistance.—Victims and witnesses shall
 1546  be provided with such other assistance, such as transportation,
 1547  parking, separate pretrial waiting areas, and translator
 1548  services in attending court, as is practicable.
 1549         (o) Victim’s rights information card or brochure.—A victim
 1550  of a crime shall be provided with a victim’s rights information
 1551  card or brochure containing essential information concerning the
 1552  rights of a victim and services available to a victim as
 1553  required by state law.
 1554         (p) Information concerning escape from a state correctional
 1555  institution, county jail, juvenile detention facility, or
 1556  residential commitment facility.—In any case where an offender
 1557  escapes from a state correctional institution, private
 1558  correctional facility, county jail, juvenile detention facility,
 1559  or residential commitment facility, the institution of
 1560  confinement shall immediately notify the state attorney of the
 1561  jurisdiction where the criminal charge or petition for
 1562  delinquency arose and the judge who imposed the sentence of
 1563  incarceration. The state attorney shall thereupon make every
 1564  effort to notify the victim, material witness, parents or legal
 1565  guardian of a minor who is a victim or witness, or immediate
 1566  relatives of a homicide victim of the escapee. The state
 1567  attorney shall also notify the sheriff of the county where the
 1568  criminal charge or petition for delinquency arose. The sheriff
 1569  shall offer assistance upon request. When an escaped offender is
 1570  subsequently captured or is captured and returned to the
 1571  institution of confinement, the institution of confinement shall
 1572  again immediately notify the appropriate state attorney and
 1573  sentencing judge pursuant to this section.
 1574         (q) Presence of victim advocate during discovery
 1575  deposition; testimony of victim of a sexual offense.—At the
 1576  request of the victim or the victim’s parent, guardian, or
 1577  lawful representative, the victim advocate designated by state
 1578  attorney’s office, sheriff’s office, or municipal police
 1579  department, or one representative from a not-for-profit victim
 1580  services organization, including, but not limited to, rape
 1581  crisis centers, domestic violence advocacy groups, and alcohol
 1582  abuse or substance abuse groups shall be permitted to attend and
 1583  be present during any deposition of the victim. The victim of a
 1584  sexual offense shall be informed of the right to have the
 1585  courtroom cleared of certain persons as provided in s. 918.16
 1586  when the victim is testifying concerning that offense.
 1587         (r) Implementing crime prevention in order to protect the
 1588  safety of persons and property, as prescribed in the State
 1589  Comprehensive Plan.—By preventing crimes that create victims or
 1590  further harm former victims, crime prevention efforts are an
 1591  essential part of providing effective service for victims and
 1592  witnesses. Therefore, the agencies identified in this subsection
 1593  may participate in and expend funds for crime prevention, public
 1594  awareness, public participation, and educational activities
 1595  directly relating to, and in furtherance of, existing public
 1596  safety statutes. Furthermore, funds may not be expended for the
 1597  purpose of influencing public opinion on public policy issues
 1598  that have not been resolved by the Legislature or the
 1599  electorate.
 1600         (s) Attendance of victim at same school as defendant.If
 1601  When the victim of an offense committed by a juvenile is a
 1602  minor, the Department of Juvenile Justice shall request
 1603  information to determine if the victim, or any sibling of the
 1604  victim, attends or is eligible to attend the same school as the
 1605  offender. However, if the offender is subject to a presentence
 1606  investigation by the Department of Corrections, the Department
 1607  of Corrections shall make such request. If the victim or any
 1608  sibling of the victim attends or is eligible to attend the same
 1609  school as that of the offender, the appropriate agency shall
 1610  notify the victim’s parent or legal guardian of the right to
 1611  attend the sentencing or disposition of the offender and request
 1612  that the offender be required to attend a different school.
 1613         (t) Use of a polygraph examination or other truth-telling
 1614  device with victim.A No law enforcement officer, prosecuting
 1615  attorney, or other government official may not shall ask or
 1616  require an adult, youth, or child victim of an alleged sexual
 1617  battery as defined in chapter 794 or other sexual offense to
 1618  submit to a polygraph examination or other truth-telling device
 1619  as a condition of proceeding with the investigation of such an
 1620  offense. The refusal of a victim to submit to such an
 1621  examination does shall not prevent the investigation, charging,
 1622  or prosecution of the offense.
 1623         (u) Presence of victim advocates during forensic medical
 1624  examination.—At the request of the victim or the victim’s
 1625  parent, guardian, or lawful representative, a victim advocate
 1626  from a certified rape crisis center shall be permitted to attend
 1627  any forensic medical examination.
 1628         Section 57. Subsection (3) of section 960.17, Florida
 1629  Statutes, is amended to read:
 1630         960.17 Award constitutes debt owed to state.—
 1631         (3) The Florida Parole Commission on Offender Review shall
 1632  make the payment of the debt to the state a condition of parole
 1633  under chapter 947, unless the commission finds reasons to the
 1634  contrary. If the commission does not order payment, or orders
 1635  only partial payment, it shall state on the record the reasons
 1636  therefor.
 1637         Section 58. Subsection (1) of section 985.04, Florida
 1638  Statutes, is amended to read:
 1639         985.04 Oaths; records; confidential information.—
 1640         (1) Except as provided in subsections (2), (3), (6), and
 1641  (7) and s. 943.053, all information obtained under this chapter
 1642  in the discharge of official duty by any judge, any employee of
 1643  the court, any authorized agent of the department, the Florida
 1644  Parole Commission on Offender Review, the Department of
 1645  Corrections, the juvenile justice circuit boards, any law
 1646  enforcement agent, or any licensed professional or licensed
 1647  community agency representative participating in the assessment
 1648  or treatment of a juvenile is confidential and may be disclosed
 1649  only to the authorized personnel of the court, the department
 1650  and its designees, the Department of Corrections, the Florida
 1651  Parole Commission on Offender Review, law enforcement agents,
 1652  school superintendents and their designees, any licensed
 1653  professional or licensed community agency representative
 1654  participating in the assessment or treatment of a juvenile, and
 1655  others entitled under this chapter to receive that information,
 1656  or upon order of the court. Within each county, the sheriff, the
 1657  chiefs of police, the district school superintendent, and the
 1658  department shall enter into an interagency agreement for the
 1659  purpose of sharing information about juvenile offenders among
 1660  all parties. The agreement must specify the conditions under
 1661  which summary criminal history information is to be made
 1662  available to appropriate school personnel, and the conditions
 1663  under which school records are to be made available to
 1664  appropriate department personnel. Such agreement shall require
 1665  notification to any classroom teacher of assignment to the
 1666  teacher’s classroom of a juvenile who has been placed in a
 1667  probation or commitment program for a felony offense. The
 1668  agencies entering into such agreement must comply with s.
 1669  943.0525, and must maintain the confidentiality of information
 1670  that is otherwise exempt from s. 119.07(1), as provided by law.
 1671         Section 59. Subsection (2) of section 985.045, Florida
 1672  Statutes, is amended to read:
 1673         985.045 Court records.—
 1674         (2) The clerk shall keep all official records required by
 1675  this section separate from other records of the circuit court,
 1676  except those records pertaining to motor vehicle violations,
 1677  which shall be forwarded to the Department of Highway Safety and
 1678  Motor Vehicles. Except as provided in ss. 943.053 and
 1679  985.04(6)(b) and (7), official records required by this chapter
 1680  are not open to inspection by the public, but may be inspected
 1681  only upon order of the court by persons deemed by the court to
 1682  have a proper interest therein, except that a child and the
 1683  parents, guardians, or legal custodians of the child and their
 1684  attorneys, law enforcement agencies, the Department of Juvenile
 1685  Justice and its designees, the Florida Parole Commission on
 1686  Offender Review, the Department of Corrections, and the Justice
 1687  Administrative Commission shall always have the right to inspect
 1688  and copy any official record pertaining to the child. Public
 1689  defender offices shall have access to official records of
 1690  juveniles on whose behalf they are expected to appear in
 1691  detention or other hearings before an appointment of
 1692  representation. The court may permit authorized representatives
 1693  of recognized organizations compiling statistics for proper
 1694  purposes to inspect, and make abstracts from, official records
 1695  under whatever conditions upon the use and disposition of such
 1696  records the court may deem proper and may punish by contempt
 1697  proceedings any violation of those conditions.
 1698         Section 60. This act shall take effect July 1, 2014.