Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1218
Ì485662:Î485662
576-03505-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Criminal and Civil Justice)
1 A bill to be entitled
2 An act relating to public safety; amending s. 14.32,
3 F.S.; creating the council within the Office of Chief
4 Inspector General; specifying the purpose of the
5 council; requiring the Office of Chief Inspector
6 General to provide administrative support to the
7 council; specifying the composition of the council;
8 providing terms of office and requirements regarding
9 the council’s membership; prescribing the duties and
10 responsibilities of the council; prohibiting the
11 council from interfering with the operations of the
12 Department of Corrections or the Department of
13 Juvenile Justice; authorizing the council to appoint
14 an executive director; authorizing reimbursement for
15 per diem and travel expenses for members of the
16 council; establishing certain restrictions applicable
17 to members of the council and council staff; providing
18 an appropriation; amending s. 23.1225, F.S.;
19 authorizing a mutual aid agreement in the event of a
20 declared state of emergency for certain law
21 enforcement purposes; amending s. 30.15, F.S.; making
22 sheriffs responsible for providing security for trial
23 court facilities in their respective counties;
24 requiring a sheriff to coordinate with the chief judge
25 of the judicial circuit on trial court facility
26 security matters; providing that certain provisions do
27 not affect or erode the authority of the counties
28 under s. 14, Article V of the State Constitution or s.
29 29.08, F.S., to provide and fund the security of
30 facilities; deeming sheriffs and their deputies,
31 employees, and contractors officers of the court when
32 providing security; granting the chief judge of the
33 judicial circuit authority to protect due process
34 rights in certain circumstances; amending s. 57.105,
35 F.S.; limiting attorney fee awards in civil
36 proceedings in certain circumstances; creating s.
37 322.75, F.S.; requiring each judicial circuit to
38 establish a Driver License Reinstatement Days program
39 for reinstating suspended driver licenses in certain
40 circumstances; providing duties of the clerks of court
41 and the Department of Highway Safety and Motor
42 Vehicles; authorizing the clerk of court to compromise
43 on certain fees and costs; providing for program
44 eligibility; amending s. 784.046, F.S.; prohibiting
45 attorney fee awards in certain proceedings; amending
46 s. 784.0485, F.S.; prohibiting attorney fee awards in
47 certain proceedings; amending s. 893.135, F.S.;
48 authorizing a court to impose a sentence other than a
49 mandatory minimum term of imprisonment and mandatory
50 fine for a person convicted of trafficking if the
51 court makes certain findings on the record; creating
52 s. 900.05, F.S.; providing legislative intent;
53 providing definitions; requiring specified entities to
54 collect specific data monthly beginning on a certain
55 date; requiring specified entities to transmit certain
56 collected data to the Department of Law Enforcement
57 quarterly; requiring the Department of Law Enforcement
58 to compile, maintain, and make publicly accessible
59 such data beginning on a certain date; creating a
60 pilot project in a specified judicial circuit to
61 improve criminal justice data transparency and ensure
62 data submitted under s. 900.05, F.S., is accurate,
63 valid, reliable, and structured; authorizing certain
64 persons to enter into a memorandum of understanding
65 with a national, nonpartisan, not-for-profit entity
66 meeting certain criteria for the purpose of embedding
67 a data fellow in the office or agency; establishing
68 data fellow duties and responsibilities; providing for
69 the expiration of the pilot project; providing an
70 appropriation; creating s. 907.042, F.S.; authorizing
71 each county to create a supervised bond release
72 program; providing legislative findings; providing a
73 supervised bond program must be created with the
74 concurrence of the chief judge, county’s chief
75 correctional officer, state attorney, and public
76 defender; providing an exception to a county that has
77 already established and implemented a supervised bond
78 program that utilizes a risk assessment instrument;
79 providing specified program components; providing
80 guidelines for the risk assessment instrument;
81 authorizing the county to contract with the Department
82 of Corrections to develop or modify a risk assessment
83 instrument if such instrument meets certain
84 requirements; authorizing a county to develop or use
85 an existing risk assessment instrument if validated by
86 the department and such instrument meets certain
87 requirements; authorizing a county to contract with
88 another county for the use of a risk assessment
89 instrument if validated and such instrument meets
90 certain requirements; authorizing the county to
91 contract with an independent entity for use of a risk
92 assessment instrument if validated and such instrument
93 meets certain requirements; specifying requirements
94 for the use, implementation, and distribution of the
95 risk assessment instrument; requiring each county that
96 establishes a supervised bond program to submit a
97 report annually by a certain date to the Office of
98 Program Policy Analysis and Government Accountability
99 (OPPAGA); requiring OPPAGA to compile the reports and
100 include such information in a report sent to the
101 Governor, President of the Senate, and Speaker of the
102 House of Representatives in accordance with s.
103 907.044, F.S.; creating s. 907.0421, F.S.; providing
104 legislative findings; requiring the Department of
105 Corrections to develop a risk assessment instrument;
106 authorizing the department to use or modify an
107 existing risk assessment instrument; requiring the
108 department to develop or modify the risk assessment
109 instrument by a certain date; specifying requirements
110 for the use, implementation, and distribution of the
111 risk assessment instrument; creating the Risk
112 Assessment Pilot Program for a specified period;
113 specifying the participating counties; requiring each
114 participating county’s chief correctional officer to
115 contract with the department to administer the risk
116 assessment instrument; requiring all counties to
117 administer the risk assessment instrument to all
118 persons arrested for a felony; requiring each
119 participating county to submit a report annually by a
120 certain date to the department with specified
121 information; requiring the department to compile the
122 information of the findings from the participating
123 counties and submit an annual report by a certain date
124 to the Governor and the Legislature; authorizing the
125 department, in consultation with specified persons, to
126 adopt rules; amending s. 907.043, F.S.; requiring each
127 pretrial release program to include in its annual
128 report the types of criminal charges of defendants
129 accepted into a pretrial release program, the number
130 of defendants accepted into a pretrial release program
131 who paid a bail or bond, the number of defendants
132 accepted into a pretrial release program with no prior
133 criminal conviction, and the number of defendants for
134 whom a pretrial risk assessment tool was used or was
135 not used; creating a pilot project in a specified
136 judicial circuit to improve criminal justice data
137 transparency and ensure data submitted under s.
138 900.05, F.S., is accurate, valid, reliable, and
139 structured; authorizing certain persons to enter into
140 a memorandum of understanding with a national,
141 nonpartisan, not-for-profit entity meeting certain
142 criteria for the purpose of embedding a data fellow in
143 the office or agency; establishing data fellow duties
144 and responsibilities; providing for the expiration of
145 the pilot project; providing an appropriation;
146 amending s. 921.0024, F.S.; requiring scoresheets
147 prepared for all criminal defendants to be digitized;
148 requiring the Department of Corrections to develop and
149 submit revised digitized scoresheets to the Supreme
150 Court for approval; requiring digitized scoresheets to
151 include individual data cells for each field on the
152 scoresheet; requiring the clerk of court to
153 electronically transmit the digitized scoresheet used
154 in each sentencing proceeding to the Department of
155 Corrections; amending s. 932.7061, F.S.; revising the
156 deadline for submitting an annual report by law
157 enforcement agencies concerning property seized or
158 forfeited under the Florida Contraband Forfeiture Act;
159 creating s. 943.687, F.S.; requiring the Department of
160 Law Enforcement to collect, compile, maintain, and
161 manage data collected pursuant to s. 900.05, F.S.;
162 requiring the Department of Law Enforcement to make
163 data comparable, transferable, and readily usable;
164 requiring the department to create a unique identifier
165 for each criminal case received from the clerks of
166 court; requiring the department to create and maintain
167 a certain Internet-based database; providing
168 requirements for data searchability and sharing;
169 requiring the department to establish certain rules;
170 requiring the department to monitor data collection
171 procedures and test data quality; providing for data
172 archiving, editing, retrieval, and verification;
173 amending s. 944.704, F.S.; requiring transition
174 assistance staff to include information about job
175 assignment credentialing and industry certification in
176 job placement information given to an inmate; amending
177 s. 944.705, F.S.; requiring the Department of
178 Corrections to provide a comprehensive community
179 reentry resource directory to each inmate prior to
180 release; requiring the department to allow nonprofit
181 faith-based, business and professional, civic, and
182 community organizations to apply to be registered to
183 provide inmate reentry services; requiring the
184 department to adopt policies for screening, approving,
185 and registering organizations that apply; authorizing
186 the department to contract with public or private
187 educational institutions to assist veteran inmates in
188 applying for certain benefits; amending s. 944.801,
189 F.S.; requiring the department to develop a Prison
190 Entrepreneurship Program and adopt procedures for
191 student inmate admission; specifying requirements for
192 the program; requiring the department to enter into
193 agreements with certain entities to carry out duties
194 associated with the program; authorizing the
195 department to contract with certain entities to
196 provide education services for the Correctional
197 Education Program; creating s. 944.805, F.S.; creating
198 definitions relating to a certificate of achievement
199 and employability; creating s. 944.8055, F.S.;
200 establishing eligibility requirements; establishing a
201 timeframe for an eligible inmate to apply for a
202 certificate; establishing eligibility requirements for
203 an inmate under probation or post-control sanction;
204 establishing a timeframe for an eligible inmate under
205 probation or post-control sanction to apply for a
206 certificate; requiring the department to notify a
207 licensing agency upon the filing of an application and
208 provide the opportunity to object to issuing a
209 certificate; authorizing the department to issue a
210 certificate; excluding mandatory civil impacts for
211 which a certificate will not provide relief; requiring
212 the department to adopt rules; creating s. 944.806,
213 F.S.; providing a certificate of achievement and
214 employability shall convert a mandatory civil impact
215 into a discretionary civil impact for purposes of
216 determining licensure or certification; providing a
217 certificate shall convert a mandatory civil impact
218 into a discretionary civil impact for purposes of
219 determining licensure or certification for an employer
220 who has hired a certificate holder; creating s.
221 944.8065, F.S.; requiring the department to adopt
222 rules governing revocation of a certificate of
223 achievement and employability; creating s. 945.041,
224 F.S.; requiring the Department of Corrections to
225 publish quarterly on its website inmate admissions
226 based on offense type and the recidivism rate and rate
227 of probation revocation within a specified period
228 after release from incarceration; amending s. 947.005,
229 F.S.; defining the terms “electronic monitoring
230 device” and “conditional medical release”; amending s.
231 947.149, F.S.; defining the terms “inmate with a
232 debilitating illness” and “medically frail inmate”;
233 amending the definition of “terminally ill inmate”;
234 expanding eligibility for conditional medical release
235 to include inmates with debilitating illnesses;
236 entitling the current conditional medical release
237 process as “permissive conditional medical release”;
238 requiring the Department of Corrections to refer
239 eligible inmates; authorizing the Florida Commission
240 on Offender Review to release eligible inmates;
241 creating mandatory conditional medical release;
242 specifying eligibility criteria for mandatory
243 conditional medical release; requiring the department
244 to refer an eligible inmate to the commission;
245 requiring that certain inmates whose eligibility is
246 verified by the commission be placed on conditional
247 medical release; requiring the commission to review
248 the information and verify an inmate’s eligibility
249 within a certain timeframe; requiring that the
250 department’s referral for release include certain
251 information; requiring that release consider specified
252 factors related to placement upon release; authorizing
253 electronic monitoring for an inmate on conditional
254 medical release; amending s. 948.001, F.S.; revising a
255 definition; amending s. 948.013, F.S.; authorizing the
256 Department of Corrections to transfer an offender to
257 administrative probation in certain circumstances;
258 amending s. 948.03, F.S.; requiring the Department of
259 Corrections to include conditions of probation in the
260 Florida Crime Information Center database; amending s.
261 948.06, F.S.; requiring each judicial circuit to
262 establish an alternative sanctioning program; defining
263 low- and moderate-risk level technical violations of
264 probation; establishing permissible sanctions for low-
265 and moderate-risk violations of probation under the
266 program; establishing eligibility criteria;
267 authorizing a probationer who allegedly committed a
268 technical violation to waive participation in or elect
269 to participate in the program, admit to the violation,
270 agree to comply with the recommended sanction, and
271 agree to waive certain rights; requiring a probation
272 officer to submit the recommended sanction and certain
273 documentation to the court if the probationer admits
274 to committing the violation; authorizing the court to
275 impose the recommended sanction or direct the
276 department to submit a violation report, affidavit,
277 and warrant to the court; specifying that a
278 probationer’s participation in the program is
279 voluntary; authorizing a probation officer to submit a
280 violation report, affidavit, and warrant to the court
281 in certain circumstances; creating s. 948.081, F.S.;
282 authorizing the establishment of community court
283 programs; detailing program criteria; reenacting s.
284 932.7062, F.S., relating to a penalty for
285 noncompliance with reporting requirements, to
286 incorporate the amendment made to s. 932.7061, F.S.,
287 in a reference thereto; reenacting ss. 447.203(3),
288 F.S., and 944.026(3), F.S., relating to definitions
289 and community-based facilities, to incorporate the
290 amendment made to s. 944.801, F.S., in references
291 thereto; reenacting ss. 316.1935(6), 775.084(4)(k),
292 775.087(2)(b) and(3)(b), 784.07(3), 790.235(1),
293 794.0115(7), 893.135(1)(b), (c), and (g) and (3),
294 921.0024(2), 944.605(7)(b), 944.70(1)(b),
295 947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
296 relating to authorized conditional medical release
297 granted under s. 947.149, F.S., to incorporate the
298 amendment made to s. 947.149, F.S., in references
299 thereto; providing an effective date.
300
301 Be It Enacted by the Legislature of the State of Florida:
302
303 Section 1. Subsection (6) is added to section 14.32,
304 Florida Statutes, to read:
305 14.32 Office of Chief Inspector General.—
306 (6) The Florida Correctional Operations Oversight Council,
307 a council as defined in s. 20.03, is created within the Office
308 of Chief Inspector General. The council is created for the
309 purpose of overseeing matters relating to the corrections and
310 juvenile justice continuum with an emphasis on the safe and
311 effective operations of major institutions and facilities under
312 the purview of the Department of Corrections and the Department
313 of Juvenile Justice. However, in instances in which the policies
314 of other components of the criminal justice system affect
315 corrections or the juvenile justice continuum, the council shall
316 advise and make recommendations. The Office of Chief Inspector
317 General shall provide administrative support to the council. The
318 council is not subject to control, supervision, or direction by
319 the Chief Inspector General in the performance of its duties,
320 but is governed by the classification plan and salary and
321 benefits plan approved by the Executive Office of the Governor.
322 (a) The council is composed of the following members:
323 1. Three members appointed by the Governor.
324 2. Three members appointed by the President of the Senate.
325 3. Three members appointed by the Speaker of the House of
326 Representatives.
327
328 The initial members of the council shall be appointed by January
329 1, 2019. Members of the council shall be appointed for terms of
330 4 years. However, to achieve staggered terms, one appointee of
331 each of the appointing authorities shall be appointed for an
332 initial 2-year term. Members must be appointed in a manner that
333 ensures equitable representation of different geographic regions
334 of the state, and members must be residents of this state.
335 Members of the council must act on behalf of the state as a
336 whole and may not subordinate the needs of the state to those of
337 a particular region. The council’s membership should, to the
338 greatest extent possible, include persons with a background in
339 prison operations, county detention facility management, or the
340 juvenile justice continuum of services.
341 (b) The council’s primary duties and responsibilities
342 include:
343 1. Evaluating, investigating, and overseeing the daily
344 operations of correctional and juvenile facilities.
345 2. Conducting announced and unannounced inspections of
346 correctional and juvenile facilities, including facilities
347 operated by private contractors. Members of the council may
348 enter any facility where prisoners, residents, or juveniles are
349 kept. Members shall be immediately admitted to such places as
350 they request and may consult and confer with any prisoner,
351 resident, or juvenile privately with adequate security in place.
352 3. Identifying and monitoring high-risk and problematic
353 correctional or juvenile facilities, and reporting findings and
354 recommendations relating to such facilities.
355 4. Providing technical assistance when appropriate.
356 5. Submitting an annual report to the Governor, the
357 President of the Senate, and the Speaker of the House of
358 Representatives by each November 1, beginning in 2019. The
359 report must include statutory, budgetary, and operational
360 recommendations to the Legislature which address problems
361 identified by the council.
362 6. Conducting confidential interviews with staff, officers,
363 inmates, juveniles, volunteers, and public officials relating to
364 the operations and conditions of correctional and juvenile
365 facilities.
366 7. Developing and implementing a monitoring tool that will
367 be used to assess the performance of each correctional and
368 juvenile facility.
369 8. Conducting on-site visits to correctional and juvenile
370 facilities on a regular basis.
371 (c) The council may not interfere with the day-to-day
372 operations of the Department of Corrections and the Department
373 of Juvenile Justice, but shall conduct investigations and
374 provide recommendations for improvement.
375 (d) The council shall appoint an executive director who
376 shall serve under the direction of the members of the council.
377 (e) Members of the council shall serve without compensation
378 but are entitled to receive reimbursement for per diem and
379 travel expenses as provided in s. 112.061.
380 (f) Members of the council or its staff may not have
381 immediate family members working for the Department of
382 Corrections, the Department of Juvenile Justice, or a private
383 institution, facility, or provider under contract with either
384 department. A member of the council may not have any direct or
385 indirect interest in a contract, subcontract, franchise,
386 privilege, or other benefit granted or awarded by either
387 department while serving as a member of the council.
388 Section 2. For the 2018-2019 fiscal year, the sums of
389 $168,074 in recurring funds and $37,855 in nonrecurring funds
390 are appropriated from the General Revenue Fund to the Executive
391 Office of the Governor, and one full-time equivalent position
392 with associated salary rate of 70,000 is authorized, for the
393 purpose of administering the Florida Correctional Operations
394 Oversight Council.
395 Section 3. Subsection (5) of section 23.1225, Florida
396 Statutes, is amended to read:
397 23.1225 Mutual aid agreements.—
398 (5) In the event of a disaster or emergency such that a
399 state of emergency is declared by the Governor pursuant to
400 chapter 252, a mutual aid agreement may be used to increase the
401 presence of law enforcement to aid in traffic and crowd control,
402 emergency response, and evacuation support. The requirement that
403 a requested operational assistance agreement be a written
404 agreement for rendering of assistance in a law enforcement
405 emergency may be waived by the participating agencies for a
406 period of up to 90 days from the declaration of the disaster.
407 (a) When a law enforcement agency lends assistance pursuant
408 to this subsection, all powers, privileges, and immunities
409 listed in s. 23.127, except with regard to interstate mutual aid
410 agreements, apply to the agency or entity, if the law
411 enforcement employees rendering services are being requested and
412 coordinated by the affected local law enforcement executive in
413 charge of law enforcement operations.
414 (b) A listing of such agencies or entities and the officers
415 and employees of such agencies or entities rendering assistance
416 pursuant to this subsection must be maintained by the agency or
417 entity requesting such assistance and filed at the end of the
418 90-day period with the Florida Department of Law Enforcement.
419 Section 4. Subsection (4) is added to section 30.15,
420 Florida Statutes, to read:
421 30.15 Powers, duties, and obligations.—
422 (4)(a) The sheriff and the governing board of the county
423 shall provide security for trial court facilities located within
424 each county of a judicial circuit. The sheriff and the county
425 shall coordinate with the chief judge of the applicable judicial
426 circuit on security matters for such facilities, but the sheriff
427 and county shall retain operational control over the manner in
428 which security is provided, as applicable, in such facilities.
429 Nothing in this subsection shall be construed to affect or erode
430 the authority of counties under s. 14, Article V of the State
431 Constitution or s. 29.008, to provide and fund the security of
432 facilities as defined s. 29.008(1)(e).
433 (b) Pursuant to s. 26.49, sheriffs and their deputies,
434 employees, and contractors are officers of the court when
435 providing security for trial court facilities under this
436 subsection.
437 (c) The chief judge of the judicial circuit shall have
438 decisionmaking authority to ensure the protection of due process
439 rights, including, but not limited to, the scheduling and
440 conduct of trials and other judicial proceedings, as part of his
441 or her responsibility for the administrative supervision of the
442 trial courts pursuant to s. 43.26.
443 Section 5. Subsection (1) of section 57.105, Florida
444 Statutes, is amended to read:
445 57.105 Attorney’s fee; sanctions for raising unsupported
446 claims or defenses; exceptions; service of motions; damages for
447 delay of litigation.—
448 (1) Unless otherwise provided, upon the court’s initiative
449 or motion of any party, the court shall award a reasonable
450 attorney’s fee, including prejudgment interest, to be paid to
451 the prevailing party in equal amounts by the losing party and
452 the losing party’s attorney on any claim or defense at any time
453 during a civil proceeding or action in which the court finds
454 that the losing party or the losing party’s attorney knew or
455 should have known that a claim or defense when initially
456 presented to the court or at any time before trial:
457 (a) Was not supported by the material facts necessary to
458 establish the claim or defense; or
459 (b) Would not be supported by the application of then
460 existing law to those material facts.
461 Section 6. Section 322.75, Florida Statutes, is created to
462 read:
463 322.75 Driver License Reinstatement Days.—
464 (1) Each judicial circuit shall establish a Driver License
465 Reinstatement Days program for reinstating suspended driver
466 licenses. Participants shall include the Department of Highway
467 Safety and Motor Vehicles, the state attorney’s office, the
468 public defender’s office, the circuit and county courts, the
469 clerk of court, and any interested community organization.
470 (2) The clerk of court, in consultation with other
471 participants, shall select one or more days for an event at
472 which a person may have his or her driver license reinstated. A
473 person must pay the full license reinstatement fee; however, the
474 clerk may compromise or waive other fees and costs to facilitate
475 reinstatement.
476 (3)(a) A person is eligible for reinstatement under the
477 program if his or her license was suspended due to:
478 1. Driving without a valid driver license;
479 2. Driving with a suspended driver license;
480 3. Failing to make a payment on penalties in collection;
481 4. Failing to appear in court for a traffic violation; or
482 5. Failing to comply with provisions of chapter 318 or this
483 chapter.
484 (b) Notwithstanding paragraphs (4)(a) through (c), a person
485 is eligible for reinstatement under the program if the period of
486 suspension or revocation has elapsed, the person has completed
487 any required course or program as described in paragraph (4)(c),
488 and the person is otherwise eligible for reinstatement.
489 (4) A person is not eligible for reinstatement under the
490 program if his or her driver license is suspended or revoked:
491 (a) Because the person failed to fulfill a court-ordered
492 child support obligation;
493 (b) For a violation of s. 316.193;
494 (c) Because the person has not completed a driver training
495 program, driver improvement course, or alcohol or substance
496 abuse education or evaluation program required under ss.
497 316.192, 316.193, 322.2616, 322.271, or 322.264;
498 (d) For a traffic-related felony; or
499 (e) Because the person is a habitual traffic offender under
500 s. 322.264.
501 (5) The clerk of court and the Department of Highway Safety
502 and Motor Vehicles shall verify any information necessary for
503 reinstatement of a driver license under the program.
504 Section 7. Paragraph (f) is added to subsection (2) of
505 section 784.046, Florida Statutes, to read:
506 784.046 Action by victim of repeat violence, sexual
507 violence, or dating violence for protective injunction; dating
508 violence investigations, notice to victims, and reporting;
509 pretrial release violations; public records exemption.—
510 (2) There is created a cause of action for an injunction
511 for protection in cases of repeat violence, there is created a
512 separate cause of action for an injunction for protection in
513 cases of dating violence, and there is created a separate cause
514 of action for an injunction for protection in cases of sexual
515 violence.
516 (f) Notwithstanding any other law, attorney fees may not be
517 awarded in any proceeding under this section.
518 Section 8. Paragraph (d) is added to subsection (2) of
519 section 784.0485, Florida Statutes, to read:
520 784.0485 Stalking; injunction; powers and duties of court
521 and clerk; petition; notice and hearing; temporary injunction;
522 issuance of injunction; statewide verification system;
523 enforcement.—
524 (2)
525 (d) Notwithstanding any other law, attorney fees may not be
526 awarded in any proceeding under this section.
527 Section 9. Present subsections (6) and (7) of section
528 893.135, Florida Statutes, are redesignated as subsections (7)
529 and (8), respectively, and a new subsection (6) is added to that
530 section, to read:
531 893.135 Trafficking; mandatory sentences; suspension or
532 reduction of sentences; conspiracy to engage in trafficking.—
533 (6) Notwithstanding any provision of this section, a court
534 may impose a sentence for a violation of this section other than
535 the mandatory minimum term of imprisonment and mandatory fine if
536 the court finds on the record that all of the following
537 circumstances exist:
538 (a) The person did not engage in a continuing criminal
539 enterprise as defined in s. 893.20(1).
540 (b) The person did not use or threaten violence or use a
541 weapon during the commission of the crime.
542 (c) The person did not cause a death or serious bodily
543 injury.
544 Section 10. Section 900.05, Florida Statutes, is created to
545 read:
546 900.05 Criminal justice data collection.—It is the intent
547 of the Legislature to create a model of uniform criminal justice
548 data collection by requiring local and state criminal justice
549 agencies to report complete, accurate, and timely data, and to
550 make such data available to the public.
551 (1) DEFINITIONS.—As used in this section, the term:
552 (a) “Annual felony caseload” means the yearly caseload of
553 each full-time state attorney and assistant state attorney or
554 public defender and assistant public defender for cases assigned
555 to the circuit criminal division, based on the number of felony
556 cases reported to the Supreme Court under s. 25.075. The term
557 does not include the appellate caseload of a public defender or
558 assistant public defender. Cases reported pursuant to this term
559 must be associated with a case number and each case number must
560 only be reported once regardless of the number of attorney
561 assignments that occur during the course of litigation.
562 (b) “Annual misdemeanor caseload” means the yearly caseload
563 of each full-time state attorney and assistant state attorney or
564 public defender and assistant public defender for cases assigned
565 to the county criminal division, based on the number of
566 misdemeanor cases reported to the Supreme Court under s. 25.075.
567 The term does not include the appellate caseload of a public
568 defender or assistant public defender. Cases reported pursuant
569 to this term must be associated with a case number and each case
570 number must only be reported once regardless of the number of
571 attorney assignments that occur during the course of litigation.
572 (c) “Attorney assignment date” means the date a court
573 appointed attorney is assigned to the case or, if privately
574 retained, the date an attorney files a notice of appearance with
575 the clerk of court.
576 (d) “Attorney withdrawal date” means the date the court
577 removes court-appointed counsel from a case or, for a privately
578 retained attorney, the date a motion to withdraw is granted by
579 the court.
580 (e) “Case number” means the identification number assigned
581 by the clerk of court to a criminal case.
582 (f) “Case status” means whether a case is open, inactive,
583 closed, or reopened due to a violation of probation or community
584 control.
585 (g) “Charge description” means the statement of the conduct
586 that is alleged to have been violated, the associated statutory
587 section establishing such conduct as criminal, and the
588 misdemeanor or felony classification that is provided for in the
589 statutory section alleged to have been violated.
590 (h) “Charge modifier” means an aggravating circumstance of
591 an alleged crime that enhances or reclassifies a charge to a
592 more serious misdemeanor or felony offense level.
593 (i) “Concurrent or consecutive sentence flag” means an
594 indication that a defendant is serving another sentence
595 concurrently or consecutively in addition to the sentence for
596 which data is being reported.
597 (j) “Daily number of correctional officers” means the
598 number of full-time, part-time, and auxiliary correctional
599 officers who are actively providing supervision, protection,
600 care, custody, and control of inmates in a county detention
601 facility or state correctional institution or facility each day.
602 (k) “Deferred prosecution or pretrial diversion agreement
603 date” means the date a contract is signed by the parties
604 regarding a defendant’s admission into a deferred prosecution or
605 pretrial diversion program.
606 (l) “Deferred prosecution or pretrial diversion hearing
607 date” means each date that a hearing, including a status
608 hearing, is held on a case that is in a deferred prosecution or
609 pretrial diversion program, if applicable.
610 (m) “Disciplinary violation and action” means any conduct
611 performed by an inmate in violation of the rules of a county
612 detention facility or state correctional institution or facility
613 that results in the initiation of disciplinary proceedings by
614 the custodial entity and the consequences of such disciplinary
615 proceedings.
616 (n) “Disposition date” means the date of final judgment,
617 adjudication, adjudication withheld, dismissal, or nolle
618 prosequi for the case and if different dates apply, the
619 disposition dates of each charge.
620 (o) “Domestic violence flag” means an indication that a
621 charge involves domestic violence as defined in s. 741.28.
622 (p) “Gang affiliation flag” means an indication that a
623 defendant is involved in or associated with a criminal gang as
624 defined in s. 874.03.
625 (q) “Gain-time credit earned” means a credit of time
626 awarded to an inmate in a county detention facility in
627 accordance with s. 951.22 or a state correctional institution or
628 facility in accordance with s. 944.275.
629 (r) “Habitual offender flag” means an indication that a
630 defendant is a habitual felony offender as defined in s. 775.084
631 or a habitual misdemeanor offender as defined in s. 775.0837.
632 (s) “Judicial transfer date” means a date on which a
633 defendant’s case is transferred to another court or presiding
634 judge.
635 (t) “Number of contract attorneys representing indigent
636 defendants for the office of the public defender” means the
637 number of attorneys hired on a temporary basis, by contract, to
638 represent indigent clients who were appointed a public defender.
639 (u) “Pretrial release violation flag” means an indication
640 that the defendant has violated the terms of his or her pretrial
641 release.
642 (v) “Prior incarceration within the state” means any prior
643 history of a defendant being incarcerated in a county detention
644 facility or state correctional institution or facility.
645 (w) “Tentative release date” means the anticipated date
646 that an inmate will be released from incarceration after the
647 application of adjustments for any gain-time earned or credit
648 for time served.
649 (x) “Sexual offender flag” means an indication that a
650 defendant required to register as a sexual predator as defined
651 in s. 775.21 or as a sexual offender as defined in s. 943.0435.
652 (2) DATA COLLECTION AND REPORTING.—Beginning January 1,
653 2019, an entity required to collect data in accordance with this
654 subsection shall collect the specified data required of the
655 entity on a monthly basis. Each entity shall report the data
656 collected in accordance with this subsection to the Department
657 of Law Enforcement on a quarterly basis.
658 (a) Clerk of the Court.—Each clerk of court shall collect
659 the following data for each criminal case:
660 1. Case number.
661 2. Date that the alleged offense occurred.
662 3. County in which the offense is alleged to have occurred.
663 4. Date the defendant is taken into physical custody by a
664 law enforcement agency or is issued a notice to appear on a
665 criminal charge, if such date is different from the date the
666 offense is alleged to have occurred.
667 5. Date that the criminal prosecution of a defendant is
668 formally initiated through the filing, with the clerk of the
669 court, of an information by the state attorney or an indictment
670 issued by a grand jury.
671 6. Arraignment date.
672 7. Attorney assignment date.
673 8. Attorney withdrawal date.
674 9. Case status.
675 10. Disposition date.
676 11. Information related to each defendant, including:
677 a. Identifying information, including name, date of birth,
678 age, race or ethnicity, and gender.
679 b. Zip code of primary residence.
680 c. Primary language.
681 d. Citizenship.
682 e. Immigration status, if applicable.
683 f. Whether the defendant has been found by a court to be
684 indigent pursuant to s. 27.52.
685 12. Information related to the formal charges filed against
686 the defendant, including:
687 a. Charge description.
688 b. Charge modifier, if applicable.
689 c. Drug type for each drug charge, if known.
690 d. Qualification for a flag designation as defined in this
691 section, including a domestic violence flag, gang affiliation
692 flag, sexual offender flag, habitual offender flag, or pretrial
693 release violation flag.
694 13. Information related to bail or bond and pretrial
695 release determinations, including the dates of any such
696 determinations:
697 a. Pretrial release determination made at a first
698 appearance hearing that occurs within 24 hours of arrest,
699 including all monetary and nonmonetary conditions of release.
700 b. Modification of bail or bond conditions made by a court
701 having jurisdiction to try the defendant or, in the absence of
702 the judge of the trial court, by the circuit court, including
703 modifications to any monetary and nonmonetary conditions of
704 release.
705 c. Cash bail or bond payment, including whether the
706 defendant utilized a bond agent to post a surety bond.
707 d. Date defendant is released on bail, bond, or pretrial
708 release.
709 e. Bail or bond revocation due to a new offense, a failure
710 to appear, or a violation of the terms of bail or bond, if
711 applicable.
712 14. Information related to court dates and dates of motions
713 and appearances, including:
714 a. Date of any court appearance and the type of proceeding
715 scheduled for each date reported.
716 b. Date of any failure to appear in court, if applicable.
717 c. Judicial transfer date, if applicable.
718 d. Trial date.
719 e. Date that a defendant files a notice to participate in
720 discovery.
721 f. Speedy trial motion and hearing dates, if applicable.
722 g. Dismissal motion and hearing dates, if applicable.
723 15. Whether the attorney representing the defendant is
724 court-appointed to or privately retained by a defendant, or
725 whether the defendant is represented pro se.
726 16. Information related to sentencing, including:
727 a. Date that a court enters a sentence against a defendant.
728 b. Sentence type and length imposed by the court,
729 including, but not limited to, the total duration of
730 imprisonment in a county detention facility or state
731 correctional institution or facility, and conditions probation
732 or community control supervision.
733 c. Amount of time served in custody by the defendant
734 related to the reported criminal case that is credited at the
735 time of disposition of the case to reduce the actual length of
736 time the defendant will serve on the term of imprisonment that
737 is ordered by the court at disposition.
738 d. Total amount of court fees imposed by the court at the
739 disposition of the case.
740 e. Outstanding balance of the defendant’s court fees
741 imposed by the court at disposition of the case.
742 f. Total amount of fines imposed by the court at the
743 disposition of the case.
744 g. Outstanding balance of the defendant’s fines imposed by
745 the court at disposition of the case.
746 h. Restitution amount ordered, including the amount
747 collected by the court and the amount paid to the victim, if
748 applicable.
749 i. Digitized sentencing scoresheet prepared in accordance
750 with s. 921.0024.
751 17. The number of judges or magistrates, or their
752 equivalents, hearing cases in circuit or county criminal
753 divisions of the circuit court. Judges or magistrates, or their
754 equivalents, who solely hear appellate cases from the county
755 criminal division are not to be reported under this
756 subparagraph.
757 (b) State attorney.—Each state attorney shall collect the
758 following data:
759 1. Information related to a human victim of a criminal
760 offense, including:
761 a. Identifying information of the victim, including race or
762 ethnicity, gender, and age.
763 b. Relationship to the offender, if any.
764 2. Number of full-time prosecutors.
765 3. Number of part-time prosecutors.
766 4. Annual felony caseload.
767 5. Annual misdemeanor caseload.
768 6. Any charge referred to the state attorney by a law
769 enforcement agency related to an episode of criminal activity.
770 7. Number of cases in which a no-information was filed.
771 8. Information related to each defendant, including:
772 a. Each charge referred to the state attorney by a law
773 enforcement agency related to an episode of criminal activity.
774 b. Drug type for each drug charge, if applicable.
775 c. Deferred prosecution or pretrial diversion agreement
776 date, if applicable.
777 d. Deferred prosecution or pretrial diversion hearing date,
778 if applicable.
779 (c) Public defender.—Each public defender shall collect the
780 following data for each criminal case:
781 1. Number of full-time public defenders.
782 2. Number of part-time public defenders.
783 3. Number of contract attorneys representing indigent
784 defendants for the office of the public defender.
785 4. Annual felony caseload.
786 5. Annual misdemeanor caseload.
787 (d) County detention facility.—The administrator of each
788 county detention facility shall collect the following data:
789 1. Maximum capacity for the county detention facility.
790 2. Weekly admissions to the county detention facility for a
791 revocation of probation or community control.
792 3. Daily population of the county detention facility,
793 including the specific number of inmates in the custody of the
794 county that:
795 a. Are awaiting case disposition.
796 b. Have been sentenced by a court to a term of imprisonment
797 in the county detention facility.
798 c. Have been sentenced by a court to a term of imprisonment
799 with the Department of Corrections and who are awaiting
800 transportation to the department.
801 d. Have a federal detainer or are awaiting disposition of a
802 case in federal court.
803 4. Information related to each inmate, including:
804 a. Date a defendant is processed into the county detention
805 facility subsequent to an arrest for a new violation of law or
806 for a violation of probation or community control.
807 b. Qualification for a flag designation as defined in this
808 section, including domestic violence flag, gang affiliation
809 flag, habitual offender flag, pretrial release violation flag,
810 or sexual offender flag.
811 5. Total population of the county detention facility at
812 year-end. This data must include the same specified
813 classifications as subparagraph 3.
814 6. Per diem rate for a county detention facility bed.
815 7. Daily number of correctional officers for the county
816 detention facility.
817 8. Annual county detention facility budget. This
818 information only needs to be reported once annually at the
819 beginning of the county’s fiscal year.
820 9. Revenue generated for the county from the temporary
821 incarceration of federal defendants or inmates.
822 (e) Department of Corrections.—The Department of
823 Corrections shall collect the following data:
824 1. Information related to each inmate, including:
825 a. Identifying information, including name, date of birth,
826 race or ethnicity, and identification number assigned by the
827 department.
828 b. Number of children.
829 c. Education level, including any vocational training.
830 d. Date the inmate was admitted to the custody of the
831 department.
832 e. Current institution placement and the security level
833 assigned to the institution.
834 f. Custody level assignment.
835 g. Qualification for a flag designation as defined in this
836 section, including sexual offender flag, habitual offender flag,
837 gang affiliation flag, or concurrent or consecutive sentence
838 flag.
839 h. County that committed the prisoner to the custody of the
840 department.
841 i. Whether the reason for admission to the department is
842 for a new conviction or a violation of probation, community
843 control, or parole. For an admission for a probation, community
844 control, or parole violation, the department shall report
845 whether the violation was technical or based on a new violation
846 of law.
847 j. Specific statutory citation for which the inmate was
848 committed to the department, including, for an inmate convicted
849 of drug trafficking under s. 893.135, the statutory citation for
850 each specific drug trafficked.
851 k. Length of sentence or concurrent or consecutive
852 sentences served.
853 l. Tentative release date.
854 m. Gain time earned in accordance with s. 944.275.
855 n. Prior incarceration within the state.
856 o. Disciplinary violation and action.
857 p. Participation in rehabilitative or educational programs
858 while in the custody of the department.
859 2. Information about each state correctional institution or
860 facility, including:
861 a. Budget for each state correctional institution or
862 facility.
863 b. Daily prison population of all inmates incarcerated in a
864 state correctional institution or facility.
865 c. Daily number of correctional officers for each state
866 correctional institution or facility.
867 3. Information related to persons supervised by the
868 department on probation or community control, including:
869 a. Identifying information for each person supervised by
870 the department on probation or community control, including his
871 or her name, date of birth, race or ethnicity, sex, and
872 department-assigned case number.
873 b. Length of probation or community control sentence
874 imposed and amount of time that has been served on such
875 sentence.
876 c. Projected termination date for probation or community
877 control.
878 d. Revocation of probation or community control due to a
879 violation, including whether the revocation is due to a
880 technical violation of the conditions of supervision or from the
881 commission of a new law violation.
882 4. Per diem rates for:
883 a. Prison bed.
884 b. Probation.
885 c. Community control.
886
887 This information only needs to be reported once annually at the
888 time the most recent per diem rate is published.
889 (3) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the
890 Department of Law Enforcement shall publish datasets in its
891 possession in a modern, open, electronic format that is machine
892 readable and readily accessible by the public on the
893 department’s website. The published data must be searchable, at
894 a minimum, by each data element, county, circuit, and unique
895 identifier. Beginning March 1, 2019, the department shall begin
896 publishing the data received under subsection (2) in the same
897 modern, open, electronic format that is machine-readable and
898 readily accessible to the public on the department’s website.
899 The department shall publish all data received under subsection
900 (2) no later than July 1, 2019.
901 Section 11. A pilot project is established in the Sixth
902 Judicial Circuit for the purpose of improving criminal justice
903 data transparency and ensuring that data submitted under s.
904 900.05, Florida Statutes, is accurate, valid, reliable, and
905 structured. The clerk of court, the state attorney, the public
906 defender, or a sheriff in the circuit may enter into a
907 memorandum of understanding with a national, nonpartisan, not
908 for-profit entity which provides data and measurement for
909 county-level criminal justice systems to establish the duties
910 and responsibilities of a data fellow, completely funded by the
911 entity, to be embedded with the office or agency. The data
912 fellow shall assist with data extraction, validation, and
913 quality and shall publish such data consistent with the terms of
914 the memorandum. The data fellow shall assist the office or
915 agency in compiling and reporting data pursuant to s. 900.05,
916 Florida Statutes, in compliance with rules established by the
917 Department of Law Enforcement. The pilot project shall expire as
918 provided in the memorandum.
919 Section 12. For the 2018-2019 fiscal year, nine full-time
920 equivalent positions with associated salary rate of 476,163 are
921 authorized and the recurring sum of $665,884 and the
922 nonrecurring sum of $1,084,116 is appropriated from the General
923 Revenue Fund to the Department of Law Enforcement for the
924 purposes of implementing ss. 900.05(3) and 943.687, Florida
925 Statutes, transitioning to incident-based crime reporting, and
926 collecting and submitting crime statistics that meet the
927 requirements of the Federal Bureau of Investigation under the
928 National Incident-Based Reporting System.
929 Section 13. Section 907.042, Florida Statutes, is created
930 to read:
931 907.042 Supervised bond program.—
932 (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
933 is a need to use evidence-based methods to identify defendants
934 that can successfully comply with specified pretrial release
935 conditions. The Legislature finds that the use of actuarial
936 instruments that evaluate criminogenic based needs and classify
937 defendants according to levels of risk provides a more
938 consistent and accurate assessment of a defendant’s risk of
939 noncompliance while on pretrial release pending trial. The
940 Legislature also finds that both the community and a defendant
941 are better served when a defendant, who poses a low risk to
942 society, is provided the opportunity to fulfill employment and
943 familial responsibilities in the community under a structured
944 pretrial release plan that ensures the best chance of remaining
945 compliant with all pretrial conditions rather than remaining in
946 custody. The Legislature finds that there is a benefit to
947 establishing a supervised bond program in each county for the
948 purpose of providing pretrial release to certain defendants who
949 may not otherwise be eligible for pretrial release on
950 unsupervised nonmonetary conditions and who do not have the
951 ability to satisfy the bond imposed by the court. The
952 Legislature finds that the creation of such a program will
953 reduce the likelihood of defendants remaining unnecessarily in
954 custody pending trial.
955 (2) CREATION.—A supervised bond program may be established
956 in each county with the terms of each program to be developed
957 with concurrence of the chief judge of the circuit, the county’s
958 chief correctional officer, the state attorney, and the public
959 defender. A county that has already established and implemented
960 a supervised bond program whose program and risk assessment
961 instrument is in compliance with subsections (3) and (4) may
962 continue to operate without such concurrence.
963 (3) PROGRAM REQUIREMENTS.—A supervised bond program, at a
964 minimum, shall:
965 (a) Require the county’s chief correctional officer to
966 administer the supervised bond program.
967 (b) Provide that a risk assessment instrument may be
968 utilized to determine eligible defendants and determine an
969 appropriate level of supervision for each defendant upon
970 release.
971 (c) Require the county’s chief correctional officer, or his
972 or her designee, to administer the risk assessment instrument to
973 a potential defendant if a county elects to utilize a risk
974 assessment instrument for its supervised bond program.
975 (d) Provide that the findings of a risk assessment
976 instrument may be used to create an individualized supervision
977 plan for each eligible defendant that is tailored to the
978 defendant’s risk level and supervision needs.
979 (e) Require the appropriate court to make a final
980 determination regarding whether a defendant will be placed into
981 the supervised bond program and, if the court makes such a
982 determination, the court must also:
983 1. Determine the conditions of the individualized
984 supervision plan for which the defendant must comply as a part
985 of the supervised bond program, including, but not limited to,
986 the requirement that the defendant:
987 a. Be placed on active electronic monitoring or active
988 continuous alcohol monitoring, or both, dependent upon the level
989 of risk indicated by the risk assessment instrument;
990 b. Communicate weekly, via telephone or in person contact
991 as determined by the court, with the office of the county’s
992 chief correctional officer; and
993 2. Review the bond of a defendant who is being accepted
994 into the supervised bond program to determine if a reduction of
995 the court-ordered bond, up to its entirety, is appropriate.
996 (f) Establish procedures for reassessing or terminating
997 defendants from the supervised bond program who do not comply
998 with the terms of the individualized supervision plan imposed
999 through the program.
1000 (4) RISK ASSESSMENT INSTRUMENT.—
1001 (a) Each county that establishes a supervised bond program
1002 may utilize a risk assessment instrument that conducts a
1003 criminogenic assessment for use in evaluating the proper level
1004 of supervision appropriate to ensure compliance with pretrial
1005 conditions and safety to the community. The risk assessment
1006 instrument must consider, but need not be limited to, the
1007 following criteria:
1008 1. The nature and circumstances of the offense the
1009 defendant is alleged to have committed.
1010 2. The nature and extent of the defendant’s prior criminal
1011 history, if any.
1012 3. Any prior history of the defendant failing to appear in
1013 court.
1014 4. The defendant’s employment history, employability
1015 skills, and employment interests.
1016 5. The defendant’s educational, vocational, and technical
1017 training.
1018 6. The defendant’s background, including his or her family,
1019 home, and community environment.
1020 7. The defendant’s physical and mental health history,
1021 including any substance use.
1022 8. An evaluation of the defendant’s criminal thinking,
1023 criminal associates, and social awareness.
1024 (b) A county may contract with the Department of
1025 Corrections to develop a risk assessment instrument or modify an
1026 instrument that has already been developed by the department,
1027 provided the instrument contains the criteria enumerated in
1028 paragraph (a). If a county elects to utilize a risk assessment
1029 instrument developed or modified by the department in accordance
1030 with this paragraph, the county’s chief correctional officer
1031 shall enter into a contract with the department for such use.
1032 (c) Each county may create its own risk assessment
1033 instrument for the purpose of operating a supervised bond
1034 program or may utilize a risk assessment instrument that has
1035 previously been developed for a similar purpose as provided for
1036 in this section. Additionally, a county may utilize a risk
1037 assessment instrument that has been developed by another county
1038 for a similar purpose as provided for in this section. To
1039 utilize a risk assessment instrument developed by a county in
1040 accordance with this paragraph, the risk assessment instrument
1041 must be validated by the Department of Corrections and contain
1042 the criteria enumerated in paragraph (a). If a county elects to
1043 utilize a risk assessment instrument developed or modified by
1044 another county in accordance with this paragraph, the counties’
1045 chief correctional officers shall enter into a contract for such
1046 use.
1047 (d) A county may contract with an independent entity to
1048 utilize a risk assessment instrument that has previously been
1049 developed for a similar purpose as provided for in this section.
1050 To utilize a risk assessment instrument developed by an
1051 independent entity in accordance with this paragraph, the risk
1052 assessment instrument must be validated by the Department of
1053 Corrections and contain the criteria enumerated in paragraph
1054 (a). If a county elects to utilize a risk assessment instrument
1055 developed or modified by an independent entity in accordance
1056 with this paragraph, the county’s chief correctional officer
1057 shall enter into a contract with the independent entity for such
1058 use.
1059 (e) A county that elects to utilize a risk assessment
1060 instrument in its supervised bond program may begin to implement
1061 the program immediately upon securing a contract for the
1062 utilization of or the completion of development or modification,
1063 and if applicable, validation of, a risk assessment instrument.
1064 A county that intends to utilize a risk assessment instrument it
1065 has already developed or modified may implement a supervised
1066 bond program immediately upon validation of the risk assessment
1067 instrument. A county that has already implemented a supervised
1068 bond program may continue to operate such program while the risk
1069 assessment instrument it utilizes is being validated.
1070 Implementation must include training of all county staff that
1071 will administer the risk assessment instrument.
1072 (5) REPORTING.—Each county that establishes a supervised
1073 bond program pursuant to this section, or has an existing
1074 supervised bond program that operates in compliance with this
1075 section, shall provide an annual report to the Office of Program
1076 Policy Analysis and Government Accountability that details the
1077 results of the administration of the risk assessment instrument,
1078 programming used for defendants who received the assessment and
1079 were accepted into the supervised bond program, the success rate
1080 of such program, and savings realized by the county as a result
1081 of such defendants being released from custody pending trial.
1082 The annual report from the county must be submitted to OPPAGA by
1083 October 1 each year. OPPAGA shall compile the results of the
1084 counties reports for inclusion in an independent section of its
1085 annual report developed and submitted to the Governor, the
1086 President of the Senate, and the Speaker of the House of
1087 Representatives in accordance with s. 907.044.
1088 Section 14. Section 907.0421, Florida Statutes, is created
1089 to read:
1090 907.0421 Risk Assessment Pilot Program.—
1091 (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
1092 is a need to use evidence-based methods to reduce recidivism.
1093 The Legislature finds that the use of actuarial instruments that
1094 classify offenders according to levels of risk to reoffend
1095 provides a more consistent and accurate assessment of an
1096 offender’s risk and needs. The Legislature also finds that
1097 research indicates that using accurate risk and needs assessment
1098 instruments to identify appropriate interventions and
1099 programming for offenders reduces recidivism.
1100 (2) RISK ASSESSMENT INSTRUMENT.—
1101 (a) The Department of Corrections shall develop a risk
1102 assessment instrument that conducts a criminogenic assessment
1103 for use in evaluating the proper placement and programming needs
1104 for a person who is arrested. The risk assessment instrument
1105 must consider, but need not be limited to, the following
1106 criteria:
1107 1. The nature and circumstances of the offense the person
1108 committed.
1109 2. The nature and extent of the person’s prior criminal
1110 history, if any.
1111 3. Any prior history of the person failing to appear in
1112 court.
1113 4. The person’s employment history, employability skills,
1114 and employment interests.
1115 5. The person’s educational, vocational, and technical
1116 training.
1117 6. The person’s background, including his or her family,
1118 home, and community environment.
1119 7. The person’s physical and mental health history,
1120 including any substance use.
1121 8. An evaluation of the person’s criminal thinking,
1122 criminal associates, and social awareness.
1123 (b) The Department of Corrections may use or modify an
1124 existing risk assessment instrument, if the instrument contains
1125 the criteria enumerated in paragraph (a).
1126 (c) The Department of Corrections shall complete the
1127 development or modification of a risk assessment instrument no
1128 later than March 1, 2019. The department may begin to implement
1129 the risk assessment instrument immediately upon completion.
1130 Implementation, including training all staff that will
1131 administer the risk assessment instrument, must be completed by
1132 June 30, 2019.
1133 (d) A representative of the county’s chief correctional
1134 officer shall administer the risk assessment instrument as early
1135 as reasonably possible after a person’s arrest, but no later
1136 than 10 business days after the arrest. If a person is released
1137 from jail pursuant to chapter 903 before the administration of
1138 the risk assessment instrument, the chief correctional officer,
1139 or his or her representative, must schedule and provide written
1140 notification of a date and time for the person to return to the
1141 jail for the administration of the risk assessment instrument.
1142 The date and time must be provided in writing upon the person’s
1143 pretrial release. The risk assessment instrument may be
1144 conducted by video teleconference.
1145 (e) A risk assessment instrument report must be made
1146 available to the person to whom the instrument is administered,
1147 his or her legal counsel, and the state attorney upon completion
1148 of the report. The Department of Corrections shall submit to the
1149 court the risk assessment instrument report, but the court may
1150 not review it without the consent of the person who is the
1151 subject of the report and his or her legal counsel.
1152 (3) CREATION.—Contingent upon appropriations and a contract
1153 with each participating county, it is the intent of the
1154 Legislature to establish a 3-year Risk Assessment Pilot Program
1155 to perform a risk assessment evaluation on all persons arrested
1156 for a felony in participating counties.
1157 (4) PARTICIPATING COUNTIES.—Participation in the pilot
1158 program is limited to Hillsborough, Pasco, and Pinellas
1159 Counties. Each participating county’s chief correctional officer
1160 shall enter into a 3-year contract with the Department of
1161 Corrections for the ability to utilize the risk assessment
1162 instrument that is developed in accordance with this section.
1163 (5) PILOT PROGRAM REQUIREMENTS.—
1164 (a) The participating counties shall administer the risk
1165 assessment instrument to all persons arrested for a felony and
1166 utilize the results of such risk assessment instrument as a tool
1167 for determining appropriate programming and sentencing with the
1168 goal of reducing recidivism.
1169 (b) Each county participating in the pilot program shall
1170 provide an annual report to the Department of Corrections by
1171 July 1 of each year of the pilot program which details the
1172 results of the administration of the risk assessment instrument,
1173 programming used for persons who received the assessment, and
1174 the success rate of such programming. The department shall
1175 compile the county reports and submit one annual report to the
1176 Governor, the President of the Senate, and the Speaker of the
1177 House of Representatives by October 1 of each year of the pilot
1178 program.
1179 (6) RULEMAKING.—The Department of Corrections, in
1180 consultation with a participating county’s chief correctional
1181 officer, chief judge, state attorney, and public defender, may
1182 adopt rules to administer this section.
1183 Section 15. Paragraph (b) of subsection (4) of section
1184 907.043, Florida Statutes, is amended to read:
1185 907.043 Pretrial release; citizens’ right to know.—
1186 (4)
1187 (b) The annual report must contain, but need not be limited
1188 to:
1189 1. The name, location, and funding sources of the pretrial
1190 release program, including the amount of public funds, if any,
1191 received by the pretrial release program.
1192 2. The operating and capital budget of each pretrial
1193 release program receiving public funds.
1194 3.a. The percentage of the pretrial release program’s total
1195 budget representing receipt of public funds.
1196 b. The percentage of the total budget which is allocated to
1197 assisting defendants obtain release through a nonpublicly funded
1198 program.
1199 c. The amount of fees paid by defendants to the pretrial
1200 release program.
1201 4. The number of persons employed by the pretrial release
1202 program.
1203 5. The number of defendants assessed and interviewed for
1204 pretrial release.
1205 6. The number of defendants recommended for pretrial
1206 release.
1207 7. The number of defendants for whom the pretrial release
1208 program recommended against nonsecured release.
1209 8. The number of defendants granted nonsecured release
1210 after the pretrial release program recommended nonsecured
1211 release.
1212 9. The number of defendants assessed and interviewed for
1213 pretrial release who were declared indigent by the court.
1214 10. The number of defendants accepted into a pretrial
1215 release program who paid a surety or cash bail or bond.
1216 11. The number of defendants for whom a risk assessment
1217 tool was used in determining whether the defendant should be
1218 released pending the disposition of the case and the number of
1219 defendants for whom a risk assessment tool was not used.
1220 12. The specific statutory citation for each criminal
1221 charge related to a defendant whose case is accepted into a
1222 pretrial release program, including, at a minimum, the number of
1223 defendants charged with dangerous crimes as defined in s.
1224 907.041; nonviolent felonies; or misdemeanors only. A
1225 “nonviolent felony” for purposes of this subparagraph excludes
1226 the commission of, an attempt to commit, or a conspiracy to
1227 commit any of the following:
1228 a. An offense enumerated in s. 775.084(1)(c);
1229 b. An offense that requires a person to register as a
1230 sexual predator in accordance with s. 775.21 or as a sexual
1231 offender in accordance with s. 943.0435;
1232 c. Failure to register as a sexual predator in violation of
1233 s. 775.21 or as a sexual offender in violation of s. 943.0435;
1234 d. Facilitating or furthering terrorism in violation of s.
1235 775.31;
1236 e. A forcible felony as described in s. 776.08;
1237 f. False imprisonment in violation of s. 787.02;
1238 g. Burglary of a dwelling or residence in violation of s.
1239 810.02(3).
1240 h. Abuse, aggravated abuse, and neglect of an elderly
1241 person or disabled adult in violation of s. 825.102;
1242 i. Abuse, aggravated abuse, and neglect of a child in
1243 violation of s. 827.03;
1244 j. Poisoning of food or water in violation of s. 859.01;
1245 k. Abuse of a dead human body in violation of s. 872.06;
1246 l. A capital offense in violation of chapter 893;
1247 m. An offense that results in serious bodily injury or
1248 death to another human; or
1249 n. A felony offense in which the defendant used a weapon or
1250 firearm in the commission of the offense.
1251 13. The number of defendants accepted into a pretrial
1252 release program with no prior criminal conviction.
1253 14.10. The name and case number of each person granted
1254 nonsecured release who:
1255 a. Failed to attend a scheduled court appearance.
1256 b. Was issued a warrant for failing to appear.
1257 c. Was arrested for any offense while on release through
1258 the pretrial release program.
1259 15.11. Any additional information deemed necessary by the
1260 governing body to assess the performance and cost efficiency of
1261 the pretrial release program.
1262 Section 16. Subsections (3) through (7) of section
1263 921.0024, Florida Statutes, are amended to read:
1264 921.0024 Criminal Punishment Code; worksheet computations;
1265 scoresheets.—
1266 (3) A single digitized scoresheet shall be prepared for
1267 each defendant to determine the permissible range for the
1268 sentence that the court may impose, except that if the defendant
1269 is before the court for sentencing for more than one felony and
1270 the felonies were committed under more than one version or
1271 revision of the guidelines or the code, separate digitized
1272 scoresheets must be prepared. The scoresheet or scoresheets must
1273 cover all the defendant’s offenses pending before the court for
1274 sentencing. The state attorney shall prepare the digitized
1275 scoresheet or scoresheets, which must be presented to the
1276 defense counsel for review for accuracy in all cases unless the
1277 judge directs otherwise. The defendant’s scoresheet or
1278 scoresheets must be approved and signed by the sentencing judge.
1279 (4) The Department of Corrections, in consultation with the
1280 Office of the State Courts Administrator, state attorneys, and
1281 public defenders, must develop and submit the revised digitized
1282 Criminal Punishment Code scoresheet to the Supreme Court for
1283 approval by June 15 of each year, as necessary. The digitized
1284 scoresheet shall have individual, structured data cells for each
1285 data field on the scoresheet. Upon the Supreme Court’s approval
1286 of the revised digitized scoresheet, the Department of
1287 Corrections shall produce and provide sufficient copies of the
1288 revised digitized scoresheets by September 30 of each year, as
1289 necessary. Digitized scoresheets must include individual data
1290 cells to indicate item entries for the scoresheet preparer’s use
1291 in indicating whether any prison sentence imposed includes a
1292 mandatory minimum sentence or the sentence imposed was a
1293 downward departure from the lowest permissible sentence under
1294 the Criminal Punishment Code.
1295 (5) The Department of Corrections shall make available
1296 distribute sufficient copies of the digitized Criminal
1297 Punishment Code scoresheets to those persons charged with the
1298 responsibility for preparing scoresheets.
1299 (6) The clerk of the circuit court shall transmit a
1300 complete, and accurate digitized, and legible copy of the
1301 Criminal Punishment Code scoresheet used in each sentencing
1302 proceeding to the Department of Corrections. Scoresheets must be
1303 electronically transmitted no less frequently than monthly, by
1304 the first of each month, and may be sent collectively.
1305 (7) A digitized sentencing scoresheet must be prepared for
1306 every defendant who is sentenced for a felony offense. A copy of
1307 The individual offender’s digitized Criminal Punishment Code
1308 scoresheet and any attachments thereto prepared pursuant to Rule
1309 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
1310 Procedure, or any other rule pertaining to the preparation and
1311 submission of felony sentencing scoresheets, must be included
1312 with attached to the copy of the uniform judgment and sentence
1313 form provided to the Department of Corrections.
1314 Section 17. Subsection (1) of section 932.7061, Florida
1315 Statutes, is amended to read:
1316 932.7061 Reporting seized property for forfeiture.—
1317 (1) Every law enforcement agency shall submit an annual
1318 report to the Department of Law Enforcement indicating whether
1319 the agency has seized or forfeited property under the Florida
1320 Contraband Forfeiture Act. A law enforcement agency receiving or
1321 expending forfeited property or proceeds from the sale of
1322 forfeited property in accordance with the Florida Contraband
1323 Forfeiture Act shall submit a completed annual report by
1324 December 1 October 10 documenting the receipts and expenditures.
1325 The report shall be submitted in an electronic form, maintained
1326 by the Department of Law Enforcement in consultation with the
1327 Office of Program Policy Analysis and Government Accountability,
1328 to the entity that has budgetary authority over such agency and
1329 to the Department of Law Enforcement. The annual report must, at
1330 a minimum, specify the type, approximate value, court case
1331 number, type of offense, disposition of property received, and
1332 amount of any proceeds received or expended.
1333 Section 18. Section 943.687, Florida Statutes, is created
1334 to read:
1335 943.687 Criminal justice data transparency.—In order to
1336 facilitate the availability of comparable and uniform criminal
1337 justice data, the department shall:
1338 (1) Collect, compile, maintain, and manage the data
1339 submitted by local and state entities pursuant to s. 900.05 and
1340 coordinate related activities to collect and submit data. The
1341 department shall create a unique identifier for each criminal
1342 case received from the clerks of court which identifies the
1343 person who is the subject of the criminal case. The unique
1344 identifier must be the same for that person in any court case
1345 and used across local and state entities for all information
1346 related to that person at any time. The unique identifier shall
1347 be randomly created and may not include any portion of the
1348 person’s social security number or date of birth.
1349 (2) Promote criminal justice data sharing by making such
1350 data received under s. 900.05 comparable, transferable, and
1351 readily usable.
1352 (3) Create and maintain an Internet-based database of
1353 criminal justice data received under s. 900.05 in a modern,
1354 open, electronic format that is machine-readable and readily
1355 accessible through an application program interface. The
1356 database must allow the public to search, at a minimum, by each
1357 data element, county, judicial circuit, or unique identifier.
1358 The department may not require a license or charge a fee to
1359 access or receive information from the database.
1360 (4) Develop written agreements with local, state, and
1361 federal agencies to facilitate criminal justice data sharing.
1362 (5) Establish by rule:
1363 (a) Requirements for the entities subject to the
1364 requirements of s. 900.05 to submit data through an application
1365 program interface.
1366 (b) A data catalog defining data objects, describing data
1367 fields, and detailing the meaning of and options for each data
1368 element reported pursuant to s. 900.05.
1369 (c) How data collected pursuant to s. 900.05 is compiled,
1370 processed, structured, used, or shared. The rule shall provide
1371 for the tagging of all information associated with each case
1372 number and unique identifier.
1373 (d) Requirements for implementing and monitoring the
1374 Internet-based database established under subsection (3).
1375 (e) How information contained in the Internet-based
1376 database established under subsection (3) is accessed by the
1377 public.
1378 (6) Consult with local, state, and federal criminal justice
1379 agencies and other public and private users of the database
1380 established under subsection (3) on the data elements collected
1381 under s. 900.05, the use of such data, and adding data elements
1382 to be collected.
1383 (7) Monitor data collection procedures and test data
1384 quality to facilitate the dissemination of accurate, valid,
1385 reliable, and complete criminal justice data.
1386 (8) Develop methods for archiving data, retrieving archived
1387 data, and data editing and verification.
1388 Section 19. Subsection (3) of section 944.704, Florida
1389 Statutes, is amended to read:
1390 944.704 Staff who provide transition assistance; duties.
1391 The department shall provide a transition assistance specialist
1392 at each of the major institutions whose duties include, but are
1393 not limited to:
1394 (3) Obtaining job placement information,. which must
1395 include identifying any job assignment credentialing or industry
1396 certifications for which an inmate is eligible.
1397
1398 The transition assistance specialist may not be a correctional
1399 officer or correctional probation officer as defined in s.
1400 943.10.
1401 Section 20. Subsections (3) through (6) of section 944.705,
1402 Florida Statutes, are renumbered as subsections (4), (5), (6),
1403 and (10), respectively, and new subsections (3), (7), (8), (9),
1404 and (11) are added to that section, to read:
1405 944.705 Release orientation program.—
1406 (3) Each inmate shall receive a comprehensive community
1407 reentry resource directory organized by the county to which the
1408 inmate is being released. The directory shall include the name,
1409 address, and telephone number of each provider, and a
1410 description of services offered. The directory must also include
1411 the name, address, and telephone number of existing portals of
1412 entry.
1413 (7) The department shall allow a nonprofit faith-based,
1414 business and professional, civic, or community organization to
1415 apply to be registered under this section to provide inmate
1416 reentry services. Reentry services include, but are not limited
1417 to, counseling; providing information on housing and job
1418 placement; money management assistance; and programs addressing
1419 substance abuse, mental health, or co-occurring conditions.
1420 (8) The department shall adopt policies and procedures for
1421 screening, approving, and registering an organization that
1422 applies to be registered to provide inmate reentry services
1423 under subsection (7). The department may deny approval and
1424 registration of an organization or a representative from an
1425 organization if it determines that the organization or
1426 representative does not meet the department’s policies or
1427 procedures.
1428 (9) The department may contract with a public or private
1429 educational institution’s Veteran’s Advocacy Clinic or Veteran’s
1430 Legal Clinic to assist qualified veteran inmates in applying for
1431 veteran’s assistance benefits upon release.
1432 (11) The department shall adopt rules to implement this
1433 section.
1434 Section 21. Subsections (4) and (5) of section 944.801,
1435 Florida Statutes, are renumbered (5) and (6), respectively, and
1436 new subsection (4) is added to that section to read:
1437 944.801 Education for state prisoners.—
1438 (4) The Correctional Education Program may develop a Prison
1439 Entrepreneurship Program and adopt procedures for admitting
1440 student inmates. If the department elects to develop the
1441 program, it must include at least 180 days of in-prison
1442 education. Program curriculum must include a component on
1443 developing a business plan, procedures for graduation and
1444 certification of successful student inmates, and at least 90
1445 days of transitional and postrelease continuing education
1446 services. Transitional and postrelease continuing education
1447 services may be offered to graduate student inmates on a
1448 voluntary basis and shall not be a requirement for completion of
1449 the program. The department shall enter into agreements with
1450 public or private community colleges, junior colleges, colleges,
1451 universities, or other non-profit entities to implement the
1452 program. The program shall be funded within existing resources.
1453 Section 22. Section 944.805, Florida Statutes, is created
1454 to read:
1455 944.805 Certificate of achievement and employability;
1456 definitions.—
1457 (1) As used in this section and ss. 944.806-944.8065, the
1458 term:
1459 (a) “Discretionary civil impact” means any Florida statute
1460 or rule that creates a penalty, disability, or disadvantage to
1461 which all of the following apply:
1462 1. The impact is triggered in whole or in part by a
1463 person’s conviction of an offense, whether or not the penalty,
1464 disability, or disadvantage is included in the judgment or
1465 sentence.
1466 2. The impact is imposed on a person, licensing agency, or
1467 employer.
1468 3. The impact permits, but does not require, that a
1469 convicted person have a license denied or revoked, permits an
1470 agency to deny or revoke a license or certification to a
1471 convicted person, or permits a business to refuse to employ a
1472 convicted person.
1473
1474 The term does not include imprisonment, probation, parole,
1475 supervised release, forfeiture, restitution, fine, assessment,
1476 or costs of prosecution.
1477 (b) “Eligible inmate” means a person who is serving a
1478 prison term in a state correctional institution or facility;
1479 under the supervision of the department on probation or
1480 community control; or under a postrelease control sanction; and
1481 who is eligible to apply to the department for a certificate of
1482 achievement and employability.
1483 (c) “Licensing agency” means any regulatory or licensing
1484 entity with authority to issue, suspend, or revoke any
1485 professional license or certification.
1486 (d) “Mandatory civil impact” means any Florida statute or
1487 rule that creates a penalty, disability, or disadvantage to
1488 which all of the following apply:
1489 1. The impact is triggered automatically solely by a
1490 person’s conviction of an offense, whether or not the penalty,
1491 disability, or disadvantage is included in the judgment or
1492 sentence.
1493 2. The impact is imposed on a person, licensing agency, or
1494 employer.
1495 3. The impact precludes a convicted person from maintaining
1496 or obtaining licensure or employment, precludes a licensing
1497 agency from issuing a license or certification to a convicted
1498 person, or precludes a business from being certified or from
1499 employing a convicted person.
1500
1501 The term does not include imprisonment, probation, parole,
1502 supervised release, forfeiture, restitution, fine, assessment,
1503 or costs of prosecution.
1504 Section 23. Section 944.8055, Florida Statutes, is created
1505 to read:
1506 944.8055 Certificate of achievement and employability;
1507 eligibility.—
1508 (1) An eligible inmate may apply to the department at a
1509 time specified in paragraph (2)(a) for a certificate of
1510 achievement and employability if the inmate:
1511 (a) Has satisfactorily completed one or more in-prison
1512 vocational programs approved by the department.
1513 (b) Has demonstrated exemplary performance as determined by
1514 completion of one or more cognitive or behavioral improvement
1515 programs approved by the department while incarcerated in a
1516 state correctional institution or facility or under supervision,
1517 or during both periods of time.
1518 (c) Shows other evidence of achievement and rehabilitation.
1519 (d) Is not currently serving a sentence for or has not been
1520 previously convicted of a violation of a dangerous crime as
1521 defined in s. 907.041, or a violation specified as a predicate
1522 offense for registration as a sexual predator under s. 775.21 or
1523 for registration as a sexual offender under s. 943.0435.
1524 (2)(a) An eligible inmate may apply for a certificate of
1525 achievement and employability no earlier than one year prior to
1526 the date of his or her release from department custody and no
1527 later than the actual date of release.
1528 (b) An inmate released from a state correctional
1529 institution or facility, or under supervision or postrelease
1530 control sanction, and who satisfies all the criteria set forth
1531 in subsection (1), is eligible to apply to the department for a
1532 certificate of achievement and employability at any time while
1533 under supervision or postrelease control sanction.
1534 (3) When applying for a certificate of achievement and
1535 employability, an eligible inmate shall specify the mandatory
1536 civil impacts for which he or she is seeking relief through a
1537 certificate. If a mandatory civil impact of a licensing agency
1538 is affected by issuing the certificate, the department shall
1539 notify the licensing agency, provide the licensing agency with a
1540 copy of the application and documentation that the department
1541 has concerning the eligible inmate, and afford the licensing
1542 agency an opportunity to object in writing to issuing the
1543 certificate.
1544 (4) The department shall consider the eligible inmate’s
1545 application and all objections to issuing the certificate of
1546 achievement and employability. If the department determines that
1547 the inmate is eligible, the application was filed timely, and
1548 all objections to issuing the certificate are insufficient, it
1549 shall issue the certificate.
1550 (5) A certificate of achievement or employability does not
1551 affect the mandatory civil impacts under s. 4, Art. VI of the
1552 State Constitution, or ss. 775.13, 775.21, 943.0435, and
1553 944.292.
1554 (6) The department is not liable for a claim for damages
1555 arising from issuing, denying, or revoking a certificate of
1556 achievement and employability or for failing to revoke a
1557 certificate under the circumstances described in s. 944.0865.
1558 (7) The department shall adopt rules to implement this
1559 section.
1560 Section 24. Section 944.806, Florida Statutes, is created
1561 to read:
1562 944.806 Certificate of achievement and employability;
1563 effect.—
1564 (1) A certificate holder who applies to a licensing agency
1565 and has a conviction or guilty plea that otherwise would bar
1566 licensure or certification because of a mandatory civil impact
1567 shall be given individualized consideration by the licensing
1568 agency. The certificate constitutes a rebuttable presumption
1569 that the certificate holder’s conviction alone is insufficient
1570 evidence that he or she is unfit for the license or
1571 certification. Notwithstanding the presumption established under
1572 this section, the licensing agency may deny the license or
1573 certification if it determines that the certificate holder is
1574 unfit for licensure or certification after considering all
1575 relevant facts and circumstances.
1576 (2) If an employer that has hired a certificate holder
1577 applies to a licensing agency and the certificate holder has a
1578 conviction or guilty plea that otherwise would bar his or her
1579 employment with the employer, or would bar the employer’s
1580 licensure or certification because of a mandatory civil impact,
1581 the agency shall give the certificate holder individualized
1582 consideration for licensure or certification. The mandatory
1583 civil impact shall be deemed a discretionary civil impact, and
1584 the certificate constitutes a rebuttable presumption that the
1585 holder’s criminal convictions are insufficient evidence that he
1586 or she is unfit for the employment, or that the employer is
1587 unfit for the licensure or certification. The agency may deny
1588 the employer licensure or certification if it determines that
1589 the certificate holder is unfit for employment or that the
1590 employer is unfit for licensure or certification.
1591 Section 25. Section 944.8065, Florida Statutes, is created
1592 to read:
1593 944.8065 Certificate of achievement and employability;
1594 revocation.—The department shall adopt rules governing
1595 revocation of a certificate of achievement and employability
1596 issued under s. 944.8055. The rules shall, at a minimum, require
1597 revocation if a certificate holder is convicted of or pleads
1598 guilty to a felony subsequent to the issuance of the certificate
1599 of eligibility. The department shall determine which additional
1600 offenses require revocation, considering the nature of the
1601 offense and the employment of a certificate holder.
1602 Section 26. Section 945.041, Florida Statutes, is created
1603 to read:
1604 945.041 Department of Corrections reports.—The department
1605 shall publish on its website and make available to the public
1606 the following information, updated on a quarterly basis:
1607 (1) Inmate admissions by offense type. Burglary of dwelling
1608 offenses under s. 810.02(2), (3)(a), and (3)(b) must be reported
1609 as a separate category from all other property crimes.
1610 (2) The recidivism rate, defined as rearrest, reconviction,
1611 reincarceration, and probation revocation in the state within a
1612 3-year time period following release from incarceration.
1613 Section 27. Current subsections (6) through (15) of section
1614 947.005, Florida Statutes, are redesignated as subsections (8)
1615 through (17), respectively, and new subsections (6) and (7) are
1616 added to that section, to read:
1617 947.005 Definitions.—As used in this chapter, unless the
1618 context clearly indicates otherwise:
1619 (6) “Electronic monitoring device” means an electronic or
1620 telecommunications device that is used to track and supervise
1621 the location of a person. Such devices include, but are not
1622 limited to, voice tracking systems, position tracking systems,
1623 position location systems, or biometric tracking systems.
1624 (7) “Conditional medical release” means the release from a
1625 state correctional institution or facility under this chapter
1626 for medical or mental health treatment pursuant to s. 947.149.
1627 Section 28. Section 947.149, Florida Statutes, is amended
1628 to read:
1629 947.149 Conditional medical release.—
1630 (1) ELIGIBILITY.—The commission shall, in conjunction with
1631 the department, establish the conditional medical release
1632 program. An inmate is eligible for supervised consideration for
1633 release under the conditional medical release program when the
1634 inmate, because of an existing medical or physical condition, is
1635 determined by the department to be within one of the following
1636 designations provided for in subsection (2) and meet the
1637 qualifications of subsection (3) or subsection (4).:
1638 (2) DESIGNATIONS.—
1639 (a) “Inmate with a debilitating illness,” which means an
1640 inmate who is determined to be suffering from a significant and
1641 permanent terminal or nonterminal condition, disease, or
1642 syndrome that has rendered the inmate so physically or
1643 cognitively debilitated or incapacitated as to create a
1644 reasonable probability that the inmate does not constitute a
1645 danger to herself or himself or others.
1646 (b) “Medically frail inmate,” which means an inmate whose
1647 physical or mental health has deteriorated to a point that
1648 creates a reasonable probability that the inmate does not
1649 constitute a danger to herself or himself or others, as
1650 determined by a risk assessment completed by a qualified
1651 practitioner, and whose deterioration is the direct result of
1652 the inmate’s:
1653 1. Impairment of the mental or emotional processes that
1654 exercise conscious control of one’s actions or of the ability to
1655 perceive or understand reality, where such impairment
1656 substantially interferes with the person’s ability to meet the
1657 ordinary demands of living;
1658 2. History of substance abuse, as defined in s.
1659 397.311(45); or
1660 3. Requirement of acute long-term medical or mental health
1661 treatment or services.
1662 (c)(a) “Permanently incapacitated inmate,” which means an
1663 inmate who has a condition caused by injury, disease, or illness
1664 which, to a reasonable degree of medical certainty, renders the
1665 inmate permanently and irreversibly physically incapacitated to
1666 the extent that the inmate does not constitute a danger to
1667 herself or himself or others.
1668 (d)(b) “Terminally ill inmate,” which means an inmate who
1669 has a condition caused by injury, disease, or illness which, to
1670 a reasonable degree of medical certainty, renders the inmate
1671 terminally ill to the extent that there can be no recovery and
1672 death is expected within 12 months is imminent, so that the
1673 inmate does not constitute a danger to herself or himself or
1674 others.
1675 (3)(2) PERMISSIVE CONDITIONAL MEDICAL RELEASE.—
1676 (a) Notwithstanding any provision to the contrary, an
1677 inmate that is sentenced to the custody of the department and
1678 who qualifies for one of the designations defined in subsection
1679 (2) any person determined eligible under this section and
1680 sentenced to the custody of the department may, upon referral by
1681 the department, be considered for conditional medical release by
1682 the commission, in addition to any parole consideration for
1683 which the inmate may be considered, except that conditional
1684 medical release is not authorized for an inmate who is under
1685 sentence of death. No inmate has a right to conditional medical
1686 release or to a medical evaluation to determine eligibility for
1687 such release.
1688 (b)(3) The authority and whether or not to grant
1689 conditional medical release and establish additional conditions
1690 of conditional medical release under this subsection rests
1691 solely within the discretion of the commission, in accordance
1692 with the provisions of this section, together with the authority
1693 to approve the release plan to include necessary medical care
1694 and attention.
1695 (c) The department shall identify inmates who may be
1696 eligible for conditional medical release based upon available
1697 medical information and shall refer them to the commission for
1698 consideration.
1699 (d) In considering an inmate for conditional medical
1700 release in accordance with this subsection, the commission may
1701 require that additional medical evidence be produced or that
1702 additional medical examinations be conducted, and may require
1703 such other investigations to be made as may be warranted.
1704 (4) MANDATORY CONDITIONAL MEDICAL RELEASE.—
1705 (a) An inmate is eligible for mandatory conditional medical
1706 release under this subsection if he or she qualifies for one of
1707 the designations defined in subsection (2) and the department
1708 determines that he or she meets all of the following criteria:
1709 1. Has served at least 50 percent of his or her sentence.
1710 2. Has no current or prior conviction for:
1711 a. A capital, life, or first degree felony.
1712 b. A sexual offense specified in s. 775.21(4)(a)1. or s.
1713 943.0435(1)(h)1.a.(I).
1714 c. An offense involving a child.
1715 3. Has not received a disciplinary report within the
1716 previous 6 months.
1717 4. Has never received a disciplinary report for a violent
1718 act.
1719 5. Has renounced any gang affiliation.
1720 (b) Any person sentenced to the custody of the department
1721 who is determined to be eligible for placement on mandatory
1722 conditional medical release in accordance with this subsection
1723 must be referred by the department to the commission. Upon
1724 receiving a referral from the department, the commission shall
1725 verify the eligibility of an inmate and, upon verification, such
1726 inmate must be placed on conditional medical release.
1727 (c) In verifying the inmate’s eligibility for mandatory
1728 conditional medical release, the commission shall review the
1729 information provided by the department.
1730 (d) The commission must finish its verification of an
1731 inmate’s eligibility within 60 days after the department refers
1732 the inmate for conditional medical release.
1733 (5) RIGHTS NOT CONFERRED.—An inmate does not have a right
1734 to conditional medical release or to a medical evaluation to
1735 determine eligibility for such release.
1736 (6) REFERRAL REQUIREMENTS.—The department’s referral of an
1737 inmate to the commission for release under this section must
1738 include all of the following information on the inmate:
1739 (a) The proposed conditional medical release plan.
1740 (b) Any relevant medical history, including current medical
1741 prognosis.
1742 (c) Criminal history. The criminal history must include all
1743 of the following information:
1744 1. The inmate’s claim of innocence, if any.
1745 2. The degree to which the inmate accepts responsibility
1746 for his or her actions leading to the conviction of the crime.
1747 3. How any claim of responsibility has affected the
1748 inmate’s feelings of remorse.
1749 (d) If authorized by the inmate, any history of substance
1750 abuse and mental health issues that is collected by the
1751 department in accordance with 42 C.F.R. s. 2.
1752 (e) Any disciplinary action taken against the inmate while
1753 in prison.
1754 (f) Any participation in prison work and other prison
1755 programs.
1756 (g) Any other information that the department deems
1757 necessary.
1758 (7) PLACEMENT REQUIREMENT.—A determination to approve a
1759 release on conditional medical release must take into
1760 consideration conditions such as whether:
1761 (a) A placement option has been secured for the inmate in
1762 the community. A placement option may include, but is not
1763 limited to, home confinement or a medical or mental health
1764 facility that is not a public institution as defined at Title
1765 42, Chapter IV, Subchapter C, Part 434, Subpart K of the Code of
1766 Federal Regulations. A placement option need not involve any
1767 type of supervision of the inmate by an employee or a private
1768 contractor of the department or otherwise be considered a secure
1769 facility. A placement option may involve the use of an
1770 electronic monitoring device as defined in 947.005(6).
1771 (b) The placement option secured under this section poses a
1772 minimal risk to society.
1773 (c) The department has made a reasonable effort to
1774 determine whether expenses related to the placement option
1775 secured under this subsection are covered by Medicaid, a health
1776 care policy, a certificate of insurance, or another source for
1777 the payment of medical expenses or whether the inmate has
1778 sufficient income or assets to pay for the expenses related to
1779 the placement.
1780 (d) The department has provided notice to the prosecutor’s
1781 office in the county in which the prisoner was sentenced and to
1782 each victim entitled to notice under s. 16(b), Art. I of the
1783 State Constitution.
1784 (8)(4) EFFECT OF RELEASE ON CONDITIONAL MEDICAL RELEASE.
1785 The conditional medical release term of an inmate released on
1786 conditional medical release is for the remainder of the inmate’s
1787 sentence, without diminution of sentence for good behavior.
1788 Supervision of the medical releasee must include a release plan
1789 as proposed by the department and approved by the commission and
1790 periodic medical evaluations. Supervision may also include
1791 electronic monitoring at intervals determined by the commission
1792 at the time of release.
1793 (9)(5)(a) REVOCATION AND RECOMMITMENT.—
1794 (a) If it is discovered during the conditional medical
1795 release that the medical or physical condition of the medical
1796 releasee has improved to the extent that she or he would no
1797 longer be eligible for conditional medical release under this
1798 section, the commission may order that the releasee be returned
1799 to the custody of the department for a conditional medical
1800 release revocation hearing, in accordance with s. 947.141. If
1801 conditional medical release is revoked due to improvement in the
1802 medical or physical condition of the releasee, she or he shall
1803 serve the balance of her or his sentence with credit for the
1804 time served on conditional medical release and without
1805 forfeiture of any gain-time accrued prior to conditional medical
1806 release. If the person whose conditional medical release is
1807 revoked due to an improvement in medical or physical condition
1808 would otherwise be eligible for parole or any other release
1809 program, the person may be considered for such release program
1810 pursuant to law.
1811 (b) In addition to revocation of conditional medical
1812 release pursuant to paragraph (a), conditional medical release
1813 may also be revoked for violation of any condition of the
1814 release established by the commission, in accordance with s.
1815 947.141, and the releasee’s gain-time may be forfeited pursuant
1816 to s. 944.28(1).
1817 (10)(6) RULEMAKING.—The department and the commission shall
1818 adopt rules as necessary to implement the conditional medical
1819 release program.
1820 Section 29. Subsection (1) of section 948.001, Florida
1821 Statutes, is amended to read:
1822 948.001 Definitions.—As used in this chapter, the term:
1823 (1) “Administrative probation” means a form of no contact,
1824 nonreporting supervision in which an offender who presents a low
1825 risk of harm to the community may, upon satisfactory completion
1826 of half the term of probation, be transferred by the Department
1827 of Corrections to this type of reduced level of supervision, as
1828 provided in s. 948.013.
1829 Section 30. Subsection (1) of section 948.013, Florida
1830 Statutes, is amended to read:
1831 948.013 Administrative probation.—
1832 (1) The Department of Corrections may transfer an offender
1833 to administrative probation if he or she presents a low risk of
1834 harm to the community and has satisfactorily completed at least
1835 half of the probation term. The department of Corrections may
1836 establish procedures for transferring an offender to
1837 administrative probation. The department may collect an initial
1838 processing fee of up to $50 for each probationer transferred to
1839 administrative probation. The offender is exempt from further
1840 payment for the cost of supervision as required in s. 948.09.
1841 Section 31. Subsection (3) is added to section 948.03,
1842 Florida Statutes, to read:
1843 948.03 Terms and conditions of probation.—
1844 (3) The Department of Corrections shall include all
1845 conditions of probation for each probationer, as determined by
1846 the court, in the Florida Crime Information Center database.
1847 Section 32. Subsection (1) of section 948.06, Florida
1848 Statutes, is amended, and subsection (9) is added to that
1849 section, to read:
1850 948.06 Violation of probation or community control;
1851 revocation; modification; continuance; failure to pay
1852 restitution or cost of supervision.—
1853 (1)(a) Whenever within the period of probation or community
1854 control there are reasonable grounds to believe that a
1855 probationer or offender in community control has violated his or
1856 her probation or community control in a material respect, any
1857 law enforcement officer who is aware of the probationary or
1858 community control status of the probationer or offender in
1859 community control or any probation officer may arrest or request
1860 any county or municipal law enforcement officer to arrest such
1861 probationer or offender without warrant wherever found and
1862 return him or her to the court granting such probation or
1863 community control.
1864 (b) Any committing trial court judge may issue a warrant,
1865 upon the facts being made known to him or her by affidavit of
1866 one having knowledge of such facts, for the arrest of the
1867 probationer or offender, returnable forthwith before the court
1868 granting such probation or community control. In lieu of issuing
1869 a warrant for arrest, the committing trial court judge may issue
1870 a notice to appear if the probationer or offender in community
1871 control has never been convicted of committing, and is not
1872 currently alleged to have committed, a qualifying offense as
1873 defined in this section.
1874 (c) If a probationer or offender on community control
1875 commits a technical violation, the probation officer shall
1876 determine whether he or she is eligible for the alternative
1877 sanctioning program under subsection (9). If the probationer or
1878 offender on community control is eligible, the probation officer
1879 may proceed with the alternative sanctioning program in lieu of
1880 filing an affidavit of violation with the court. For purposes of
1881 this section, the term “technical violation” means an alleged
1882 violation of supervision that is not a new felony offense,
1883 misdemeanor offense, or criminal traffic offense.
1884 (d)(c) If a judge finds reasonable grounds to believe that
1885 a probationer or an offender has violated his or her probation
1886 or community control in a material respect by committing a new
1887 violation of law, the judge may issue a warrant for the arrest
1888 of the person.
1889 (e)(d)1. At a first appearance hearing for an offender who
1890 has been arrested for violating his or her probation or
1891 community control in a material respect by committing a new
1892 violation of law the court:
1893 a. Shall inform the person of the violation.
1894 b. May order the person to be taken before the court that
1895 granted the probation or community control if the person admits
1896 the violation.
1897 2. If the probationer or offender does not admit the
1898 violation at the first appearance hearing, the court:
1899 a. May commit the probationer or offender or may release
1900 the person with or without bail to await further hearing,
1901 notwithstanding s. 907.041, relating to pretrial detention and
1902 release; or
1903 b. May order the probationer or offender to be brought
1904 before the court that granted the probation or community
1905 control.
1906 3. In determining whether to require or set the amount of
1907 bail, and notwithstanding s. 907.041, relating to pretrial
1908 detention and release, the court may consider whether the
1909 probationer or offender is more likely than not to receive a
1910 prison sanction for the violation.
1911
1912 This paragraph does not apply to a probationer or offender on
1913 community control who is subject to the hearing requirements
1914 under subsection (4) or paragraph (8)(e).
1915 (f)(e) Any probation officer, any officer authorized to
1916 serve criminal process, or any peace officer of this state is
1917 authorized to serve and execute such warrant. Any probation
1918 officer is authorized to serve such notice to appear.
1919 (g)(f) Upon the filing of an affidavit alleging a violation
1920 of probation or community control and following issuance of a
1921 warrant for such violation, a warrantless arrest under this
1922 section, or a notice to appear under this section, the
1923 probationary period is tolled until the court enters a ruling on
1924 the violation. Notwithstanding the tolling of probation, the
1925 court shall retain jurisdiction over the offender for any
1926 violation of the conditions of probation or community control
1927 that is alleged to have occurred during the tolling period. The
1928 probation officer is permitted to continue to supervise any
1929 offender who remains available to the officer for supervision
1930 until the supervision expires pursuant to the order of probation
1931 or community control or until the court revokes or terminates
1932 the probation or community control, whichever comes first.
1933 (h)(g) The chief judge of each judicial circuit may direct
1934 the department to use a notification letter of a technical
1935 violation in appropriate cases in lieu of a violation report,
1936 affidavit, and warrant or a notice to appear when the alleged
1937 violation is not a new felony or misdemeanor offense. Such
1938 direction must be in writing and must specify the types of
1939 specific technical violations which are to be reported by a
1940 notification letter of a technical violation, any exceptions to
1941 those violations, and the required process for submission. At
1942 the direction of the chief judge, the department shall send the
1943 notification letter of a technical violation to the court.
1944 (h)1. The chief judge of each judicial circuit, in
1945 consultation with the state attorney, the public defender, and
1946 the department, may establish an alternative sanctioning program
1947 in which the department, after receiving court approval, may
1948 enforce specified sanctions for certain technical violations of
1949 supervision. For purposes of this paragraph, the term “technical
1950 violation” means any alleged violation of supervision that is
1951 not a new felony offense, misdemeanor offense, or criminal
1952 traffic offense.
1953 2. To establish an alternative sanctioning program, the
1954 chief judge must issue an administrative order specifying:
1955 a. Eligibility criteria.
1956 b. The technical violations that are eligible for the
1957 program.
1958 c. The sanctions that may be recommended by a probation
1959 officer for each technical violation.
1960 d. The process for reporting technical violations through
1961 the alternative sanctioning program, including approved forms.
1962 3. If an offender is alleged to have committed a technical
1963 violation of supervision that is eligible for the program, the
1964 offender may:
1965 a. Waive participation in the alternative sanctioning
1966 program, in which case the probation officer may submit a
1967 violation report, affidavit, and warrant to the court in
1968 accordance with this section; or
1969 b. Elect to participate in the alternative sanctioning
1970 program after receiving written notice of an alleged technical
1971 violation and a disclosure of the evidence against the offender,
1972 admit to the technical violation, agree to comply with the
1973 probation officer’s recommended sanction if subsequently ordered
1974 by the court, and agree to waive the right to:
1975 (I) Be represented by legal counsel.
1976 (II) Require the state to prove his or her guilt before a
1977 neutral and detached hearing body.
1978 (III) Subpoena witnesses and present to a judge evidence in
1979 his or her defense.
1980 (IV) Confront and cross-examine adverse witnesses.
1981 (V) Receive a written statement from a factfinder as to the
1982 evidence relied on and the reasons for the sanction imposed.
1983 4. If the offender admits to committing the technical
1984 violation and agrees with the probation officer’s recommended
1985 sanction, the probation officer must, before imposing the
1986 sanction, submit the recommended sanction to the court as well
1987 as documentation reflecting the offender’s admission to the
1988 technical violation and agreement with the recommended sanction.
1989 5. The court may impose the recommended sanction or may
1990 direct the department to submit a violation report, affidavit,
1991 and warrant to the court in accordance with this section.
1992 6. An offender’s participation in an alternative
1993 sanctioning program is voluntary. The offender may elect to
1994 waive or discontinue participation in an alternative sanctioning
1995 program at any time before the issuance of a court order
1996 imposing the recommended sanction.
1997 7. If an offender waives or discontinues participation in
1998 an alternative sanctioning program, the probation officer may
1999 submit a violation report, affidavit, and warrant to the court
2000 in accordance with this section. The offender’s prior admission
2001 to the technical violation may not be used as evidence in
2002 subsequent proceedings.
2003 (i) The court may allow the department to file an
2004 affidavit, notification letter, violation report, or other
2005 report under this section by facsimile or electronic submission.
2006 (9)(a) For a first or second low-risk violation, as defined
2007 in paragraph (b), within the current term of supervision, a
2008 probation officer may offer an eligible probationer one or more
2009 of the following as an alternative sanction:
2010 1. Up to five days in the county detention facility;
2011 2. Up to fifty additional community service hours;
2012 3. Counseling or treatment;
2013 4. Support group attendance;
2014 5. Drug testing;
2015 6. Loss of travel or other privileges;
2016 7. Curfew for up to thirty days;
2017 8. House arrest for up to thirty days; or
2018 9. Any other sanction as determined by administrative order
2019 by the chief judge of the circuit.
2020 (b) When committed by a probationer, a low-risk violation
2021 includes:
2022 1. Positive drug or alcohol test result;
2023 2. Failure to report to the probation office;
2024 3. Failure to report a change in address or other required
2025 information;
2026 4. Failure to attend a required class, treatment or
2027 counseling session, or meeting;
2028 5. Failure to submit to a drug or alcohol test;
2029 6. Violation of curfew;
2030 7. Failure to meet a monthly quota on any required
2031 probation condition, including, but not limited to, making
2032 restitution payments, payment of court costs, and completing
2033 community service hours;
2034 8. Leaving the county without permission;
2035 9. Failure to report a change in employment;
2036 10. Associating with a person engaged in criminal activity;
2037 or
2038 11. Any other violation as determined by administrative
2039 order of the chief judge of the circuit.
2040 (c) For a first time moderate-risk violation, as defined in
2041 paragraph (d), within the current term of supervision, a
2042 probation officer, with supervisor approval, may offer an
2043 eligible probationer or offender on community control one or
2044 more of the following as an alternative sanction:
2045 1. Up to 21 days in the county detention facility;
2046 2. Curfew for up to 90 days;
2047 3. House arrest for up to 90 days;
2048 4. Electronic monitoring for up to 90 days;
2049 5. Residential treatment for up to 90 days;
2050 6. Any other sanction available for a low-risk violation;
2051 or
2052 7. Any other sanction as determined by administrative order
2053 of the chief judge of the circuit.
2054 (d) A moderate-risk violation includes:
2055 1. A violation listed under paragraph (b) when committed by
2056 an offender on community control;
2057 2. Failure to remain at an approved residence by an
2058 offender on community control;
2059 3. A third violation listed under paragraph (b) by a
2060 probationer within the current term of supervision; or
2061 4. Any other violation as determined by administrative
2062 order by the chief judge of the circuit.
2063 (e) A probationer or offender on community control is not
2064 eligible for an alternative sanction if:
2065 1. He or she is a violent felony offender of special
2066 concern, as defined in paragraph (8)(b).
2067 2. The violation is a felony, misdemeanor, or criminal
2068 traffic offense.
2069 3. The violation is absconding.
2070 4. The violation is of a stay-away order or no-contact
2071 order.
2072 5. The violation is not identified as low-risk or moderate
2073 risk under this paragraph or by administrative order.
2074 6. He or she has a prior moderate-risk level violation
2075 during the current term of supervision.
2076 7. He or she has three prior low-risk level violations
2077 during the same term of supervision.
2078 8. The term of supervision is scheduled to terminate in
2079 less than 90 days.
2080 9. The terms of the sentence prohibit alternative
2081 sanctioning.
2082 (f) If a probationer or offender on community control is
2083 eligible for the alternative sanctioning program, he or she may:
2084 1. Waive participation in the program, in which case the
2085 probation officer may submit a violation report, affidavit, and
2086 warrant to the court; or
2087 2. Elect to participate in the program after receiving
2088 written notice of an alleged technical violation and disclosure
2089 of the evidence against him or her, admit to the technical
2090 violation, agree to comply with the probation officer’s
2091 recommended sanction if subsequently ordered by the court, and
2092 agree to waive the right to:
2093 a. Be represented by legal counsel.
2094 b. Require the state to prove his or her guilt before a
2095 neutral and detached hearing body.
2096 c. Subpoena witnesses and present to a judge evidence in
2097 his or her defense.
2098 d. Confront and cross-examine adverse witnesses.
2099 e. Receive a written statement from a judge as to the
2100 evidence relied on and the reasons for the sanction imposed.
2101 3. If the probationer or offender on community control
2102 admits to committing the technical violation and agrees with the
2103 probation officer’s recommended sanction, the probation officer
2104 must, before imposing the sanction, submit the recommended
2105 sanction to the court with documentation reflecting the
2106 probationer’s admission to the technical violation and agreement
2107 with the recommended sanction.
2108 (g) The court may impose the recommended sanction or direct
2109 the department to submit a violation report, affidavit, and
2110 warrant to the court.
2111 (h) An offender’s participation in the program is
2112 voluntary. The probationer or offender on community control may
2113 waive or discontinue participation in the program at any time
2114 before the court imposes a recommended sanction.
2115 (i) If a probationer or offender on community control
2116 waives or discontinues participation in the program or fails to
2117 complete successfully all alternative sanctions within 90 days
2118 of imposition or within the timeframe specified in the agreed
2119 upon sanction, the probation officer may submit a violation
2120 report, affidavit, and warrant to the court. A prior admission
2121 by the probationer or offender on community control to a
2122 technical violation may not be used as evidence in subsequent
2123 proceedings.
2124 (j) Each judicial circuit shall establish an alternative
2125 sanctioning program as provided in this subsection. The chief
2126 judge of each judicial circuit may, by administrative order,
2127 define additional sanctions or eligibility criteria and specify
2128 the process for reporting technical violations through the
2129 alternative sanctioning program.
2130 Section 33. Section 948.081, Florida Statutes, is created
2131 to read:
2132 948.081 Community court programs.-
2133 (1) Each judicial circuit may establish a community court
2134 program for defendants charged with certain misdemeanor
2135 offenses. Each community court shall, at a minimum:
2136 (a) Adopt a nonadversarial approach.
2137 (b) Establish an advisory committee to recommend solutions
2138 and sanctions in each case.
2139 (c) Consider the needs of the victim.
2140 (d) Consider individualized treatment services for the
2141 defendant.
2142 (e) Provide for judicial leadership and interaction.
2143 (f) Monitor the defendant’s compliance.
2144 (2) In the event a county elects to establish a community
2145 court program pursuant to this section, the chief judge of the
2146 judicial circuit shall, by administrative order, specify each
2147 misdemeanor crime eligible for the community court program. In
2148 making such determination, the chief judge shall consider the
2149 particular needs and concerns of the communities within the
2150 judicial circuit.
2151 (3) The Department of Corrections, Department of Juvenile
2152 Justice, Department of Health, Department of Law Enforcement,
2153 Department of Education, law enforcement agencies, and other
2154 government entities involved in the criminal justice system
2155 shall support such community court programs.
2156 (4) A defendant’s entry into a community court program
2157 shall be voluntary.
2158 (5) Each community court program shall have a resource
2159 coordinator who:
2160 (a) Coordinates the responsibilities of the participating
2161 agencies and service providers;
2162 (b) Provides case management services;
2163 (c) Monitors compliance by defendants with court
2164 requirements; and
2165 (d) Manages the collection of data for program evaluation
2166 and accountability.
2167 (6) The chief judge of the judicial circuit shall appoint
2168 an advisory committee for each community court. Membership must
2169 include, at a minimum:
2170 (a) The chief judge or a community court judge designated
2171 by the chief judge, who shall serve as chair;
2172 (b) The state attorney;
2173 (c) The public defender; and
2174 (d) The community court resource coordinator.
2175
2176 The committee may also include community stakeholders, treatment
2177 representatives, and other persons the chair deems appropriate.
2178 (7) The advisory committee shall review each defendant’s
2179 case. Each committee member may make recommendations to the
2180 judge, including appropriate sanctions and treatment solutions
2181 for the defendant. The judge shall consider such recommendations
2182 and make the final decision concerning sanctions and treatment
2183 with respect to each defendant.
2184 (8) Each judicial circuit that establishes a community
2185 court program pursuant to this section shall report client-level
2186 and programmatic data to the Office of State Courts
2187 Administrator annually for program evaluation. Client-level data
2188 include primary offenses resulting in the community court
2189 referral or sentence, treatment compliance, completion status,
2190 reasons for failing to complete the program, offenses committed
2191 during treatment and sanctions imposed, frequency of court
2192 appearances, and units of service. Programmatic data include
2193 referral and screening procedures, eligibility criteria, type
2194 and duration of treatment offered, and residential treatment
2195 resources.
2196 (9) Community court program funding must be secured from
2197 sources other than the state for costs not assumed by the state
2198 under s. 29.004. However, this subsection does not preclude the
2199 use of funds provided for treatment and other services through
2200 state executive branch agencies.
2201 Section 34. For the purpose of incorporating the amendment
2202 made by this act to section 944.801, Florida Statutes, in a
2203 reference thereto, subsection (3) of section 447.203, Florida
2204 Statutes, is reenacted to read:
2205 447.203 Definitions.—As used in this part:
2206 (2) “Public employer” or “employer” means the state or any
2207 county, municipality, or special district or any subdivision or
2208 agency thereof which the commission determines has sufficient
2209 legal distinctiveness properly to carry out the functions of a
2210 public employer. With respect to all public employees determined
2211 by the commission as properly belonging to a statewide
2212 bargaining unit composed of State Career Service System
2213 employees or Selected Professional Service employees, the
2214 Governor shall be deemed to be the public employer; and the
2215 Board of Governors of the State University System, or the
2216 board’s designee, shall be deemed to be the public employer with
2217 respect to all public employees of each constituent state
2218 university. The board of trustees of a community college shall
2219 be deemed to be the public employer with respect to all
2220 employees of the community college. The district school board
2221 shall be deemed to be the public employer with respect to all
2222 employees of the school district. The Board of Trustees of the
2223 Florida School for the Deaf and the Blind shall be deemed to be
2224 the public employer with respect to the academic and academic
2225 administrative personnel of the Florida School for the Deaf and
2226 the Blind. The Governor shall be deemed to be the public
2227 employer with respect to all employees in the Correctional
2228 Education Program of the Department of Corrections established
2229 pursuant to s. 944.801.
2230 Section 35. For the purpose of incorporating the amendment
2231 made by this act to section 944.704, Florida Statutes, in a
2232 reference thereto, subsection (3) of section 944.026, Florida
2233 Statutes, is reenacted to read:
2234 944.026 Community-based facilities and programs.—
2235 (3)(a) The department shall develop and implement
2236 procedures to diagnose offenders prior to sentencing, for the
2237 purpose of recommending to the sentencing court suitable
2238 candidates for placement in a community-based residential drug
2239 treatment facility or probation and restitution center as
2240 provided in this section. The department shall also develop and
2241 implement procedures to properly identify inmates prior to
2242 release who demonstrate the need for or interest in and
2243 suitability for placement in a community-based substance abuse
2244 transition housing program as provided in this section and
2245 pursuant to ss. 944.4731 and 944.704.
2246 (b) Pretrial intervention programs in appropriate counties
2247 to provide early counseling and supervision services to
2248 specified offenders as provided in s. 948.08.
2249 Section 36. For the purpose of incorporating the amendment
2250 made by this act to section 947.149, Florida Statutes, in a
2251 reference thereto, subsection (6) of section 316.1935, Florida
2252 Statutes, is reenacted to read:
2253 316.1935 Fleeing or attempting to elude a law enforcement
2254 officer; aggravated fleeing or eluding.—
2255 (6) Notwithstanding s. 948.01, no court may suspend, defer,
2256 or withhold adjudication of guilt or imposition of sentence for
2257 any violation of this section. A person convicted and sentenced
2258 to a mandatory minimum term of incarceration under paragraph
2259 (3)(b) or paragraph (4)(b) is not eligible for statutory gain
2260 time under s. 944.275 or any form of discretionary early
2261 release, other than pardon or executive clemency or conditional
2262 medical release under s. 947.149, prior to serving the mandatory
2263 minimum sentence.
2264 Section 37. For the purpose of incorporating the amendment
2265 made by this act to section 947.149, Florida Statutes, in a
2266 reference thereto, paragraph (k) of subsection (4) of section
2267 775.084, Florida Statutes, is reenacted to read:
2268 775.084 Violent career criminals; habitual felony offenders
2269 and habitual violent felony offenders; three-time violent felony
2270 offenders; definitions; procedure; enhanced penalties or
2271 mandatory minimum prison terms.—
2272 (4)
2273 (k)1. A defendant sentenced under this section as a
2274 habitual felony offender, a habitual violent felony offender, or
2275 a violent career criminal is eligible for gain-time granted by
2276 the Department of Corrections as provided in s. 944.275(4)(b).
2277 2. For an offense committed on or after October 1, 1995, a
2278 defendant sentenced under this section as a violent career
2279 criminal is not eligible for any form of discretionary early
2280 release, other than pardon or executive clemency, or conditional
2281 medical release granted pursuant to s. 947.149.
2282 3. For an offense committed on or after July 1, 1999, a
2283 defendant sentenced under this section as a three-time violent
2284 felony offender shall be released only by expiration of sentence
2285 and shall not be eligible for parole, control release, or any
2286 form of early release.
2287 Section 38. For the purpose of incorporating the amendment
2288 made by this act to section 947.149, Florida Statutes, in
2289 references thereto, paragraph (b) of subsection (2) and
2290 paragraph (b) of subsection (3) of section 775.087, Florida
2291 Statutes, are reenacted to read:
2292 775.087 Possession or use of weapon; aggravated battery;
2293 felony reclassification; minimum sentence.—
2294 (2)
2295 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
2296 (a)3. does not prevent a court from imposing a longer sentence
2297 of incarceration as authorized by law in addition to the minimum
2298 mandatory sentence, or from imposing a sentence of death
2299 pursuant to other applicable law. Subparagraph (a)1.,
2300 subparagraph (a)2., or subparagraph (a)3. does not authorize a
2301 court to impose a lesser sentence than otherwise required by
2302 law.
2303
2304 Notwithstanding s. 948.01, adjudication of guilt or imposition
2305 of sentence shall not be suspended, deferred, or withheld, and
2306 the defendant is not eligible for statutory gain-time under s.
2307 944.275 or any form of discretionary early release, other than
2308 pardon or executive clemency, or conditional medical release
2309 under s. 947.149, prior to serving the minimum sentence.
2310 (3)
2311 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
2312 (a)3. does not prevent a court from imposing a longer sentence
2313 of incarceration as authorized by law in addition to the minimum
2314 mandatory sentence, or from imposing a sentence of death
2315 pursuant to other applicable law. Subparagraph (a)1.,
2316 subparagraph (a)2., or subparagraph (a)3. does not authorize a
2317 court to impose a lesser sentence than otherwise required by
2318 law.
2319
2320 Notwithstanding s. 948.01, adjudication of guilt or imposition
2321 of sentence shall not be suspended, deferred, or withheld, and
2322 the defendant is not eligible for statutory gain-time under s.
2323 944.275 or any form of discretionary early release, other than
2324 pardon or executive clemency, or conditional medical release
2325 under s. 947.149, prior to serving the minimum sentence.
2326 Section 39. For the purpose of incorporating the amendment
2327 made by this act to section 947.149, Florida Statutes, in a
2328 reference thereto, subsection (3) of section 784.07, Florida
2329 Statutes, is reenacted to read:
2330 784.07 Assault or battery of law enforcement officers,
2331 firefighters, emergency medical care providers, public transit
2332 employees or agents, or other specified officers;
2333 reclassification of offenses; minimum sentences.—
2334 (3) Any person who is convicted of a battery under
2335 paragraph (2)(b) and, during the commission of the offense, such
2336 person possessed:
2337 (a) A “firearm” or “destructive device” as those terms are
2338 defined in s. 790.001, shall be sentenced to a minimum term of
2339 imprisonment of 3 years.
2340 (b) A semiautomatic firearm and its high-capacity
2341 detachable box magazine, as defined in s. 775.087(3), or a
2342 machine gun as defined in s. 790.001, shall be sentenced to a
2343 minimum term of imprisonment of 8 years.
2344
2345 Notwithstanding s. 948.01, adjudication of guilt or imposition
2346 of sentence shall not be suspended, deferred, or withheld, and
2347 the defendant is not eligible for statutory gain-time under s.
2348 944.275 or any form of discretionary early release, other than
2349 pardon or executive clemency, or conditional medical release
2350 under s. 947.149, prior to serving the minimum sentence.
2351 Section 40. For the purpose of incorporating the amendment
2352 made by this act to section 947.149, Florida Statutes, in a
2353 reference thereto, subsection (1) of section 790.235, Florida
2354 Statutes, is reenacted to read:
2355 790.235 Possession of firearm or ammunition by violent
2356 career criminal unlawful; penalty.—
2357 (1) Any person who meets the violent career criminal
2358 criteria under s. 775.084(1)(d), regardless of whether such
2359 person is or has previously been sentenced as a violent career
2360 criminal, who owns or has in his or her care, custody,
2361 possession, or control any firearm, ammunition, or electric
2362 weapon or device, or carries a concealed weapon, including a
2363 tear gas gun or chemical weapon or device, commits a felony of
2364 the first degree, punishable as provided in s. 775.082, s.
2365 775.083, or s. 775.084. A person convicted of a violation of
2366 this section shall be sentenced to a mandatory minimum of 15
2367 years’ imprisonment; however, if the person would be sentenced
2368 to a longer term of imprisonment under s. 775.084(4)(d), the
2369 person must be sentenced under that provision. A person
2370 convicted of a violation of this section is not eligible for any
2371 form of discretionary early release, other than pardon,
2372 executive clemency, or conditional medical release under s.
2373 947.149.
2374 Section 41. For the purpose of incorporating the amendment
2375 made by this act to section 947.149, Florida Statutes, in a
2376 reference thereto, subsection (7) of section 794.0115, Florida
2377 Statutes, is reenacted to read:
2378 794.0115 Dangerous sexual felony offender; mandatory
2379 sentencing.—
2380 (7) A defendant sentenced to a mandatory minimum term of
2381 imprisonment under this section is not eligible for statutory
2382 gain-time under s. 944.275 or any form of discretionary early
2383 release, other than pardon or executive clemency, or conditional
2384 medical release under s. 947.149, before serving the minimum
2385 sentence.
2386 Section 42. For the purpose of incorporating the amendment
2387 made by this act to section 947.149, Florida Statutes, in a
2388 reference thereto, paragraphs (b), (c), and (g) of subsection
2389 (1) and subsection (3) of section 893.135, Florida Statutes, are
2390 reenacted to read:
2391 893.135 Trafficking; mandatory sentences; suspension or
2392 reduction of sentences; conspiracy to engage in trafficking.—
2393 (1) Except as authorized in this chapter or in chapter 499
2394 and notwithstanding the provisions of s. 893.13:
2395 (b)1. Any person who knowingly sells, purchases,
2396 manufactures, delivers, or brings into this state, or who is
2397 knowingly in actual or constructive possession of, 28 grams or
2398 more of cocaine, as described in s. 893.03(2)(a)4., or of any
2399 mixture containing cocaine, but less than 150 kilograms of
2400 cocaine or any such mixture, commits a felony of the first
2401 degree, which felony shall be known as “trafficking in cocaine,”
2402 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2403 If the quantity involved:
2404 a. Is 28 grams or more, but less than 200 grams, such
2405 person shall be sentenced to a mandatory minimum term of
2406 imprisonment of 3 years, and the defendant shall be ordered to
2407 pay a fine of $50,000.
2408 b. Is 200 grams or more, but less than 400 grams, such
2409 person shall be sentenced to a mandatory minimum term of
2410 imprisonment of 7 years, and the defendant shall be ordered to
2411 pay a fine of $100,000.
2412 c. Is 400 grams or more, but less than 150 kilograms, such
2413 person shall be sentenced to a mandatory minimum term of
2414 imprisonment of 15 calendar years and pay a fine of $250,000.
2415 2. Any person who knowingly sells, purchases, manufactures,
2416 delivers, or brings into this state, or who is knowingly in
2417 actual or constructive possession of, 150 kilograms or more of
2418 cocaine, as described in s. 893.03(2)(a)4., commits the first
2419 degree felony of trafficking in cocaine. A person who has been
2420 convicted of the first degree felony of trafficking in cocaine
2421 under this subparagraph shall be punished by life imprisonment
2422 and is ineligible for any form of discretionary early release
2423 except pardon or executive clemency or conditional medical
2424 release under s. 947.149. However, if the court determines that,
2425 in addition to committing any act specified in this paragraph:
2426 a. The person intentionally killed an individual or
2427 counseled, commanded, induced, procured, or caused the
2428 intentional killing of an individual and such killing was the
2429 result; or
2430 b. The person’s conduct in committing that act led to a
2431 natural, though not inevitable, lethal result,
2432
2433 such person commits the capital felony of trafficking in
2434 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
2435 person sentenced for a capital felony under this paragraph shall
2436 also be sentenced to pay the maximum fine provided under
2437 subparagraph 1.
2438 3. Any person who knowingly brings into this state 300
2439 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
2440 and who knows that the probable result of such importation would
2441 be the death of any person, commits capital importation of
2442 cocaine, a capital felony punishable as provided in ss. 775.082
2443 and 921.142. Any person sentenced for a capital felony under
2444 this paragraph shall also be sentenced to pay the maximum fine
2445 provided under subparagraph 1.
2446 (c)1. A person who knowingly sells, purchases,
2447 manufactures, delivers, or brings into this state, or who is
2448 knowingly in actual or constructive possession of, 4 grams or
2449 more of any morphine, opium, hydromorphone, or any salt,
2450 derivative, isomer, or salt of an isomer thereof, including
2451 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
2452 (3)(c)4., or 4 grams or more of any mixture containing any such
2453 substance, but less than 30 kilograms of such substance or
2454 mixture, commits a felony of the first degree, which felony
2455 shall be known as “trafficking in illegal drugs,” punishable as
2456 provided in s. 775.082, s. 775.083, or s. 775.084. If the
2457 quantity involved:
2458 a. Is 4 grams or more, but less than 14 grams, such person
2459 shall be sentenced to a mandatory minimum term of imprisonment
2460 of 3 years and shall be ordered to pay a fine of $50,000.
2461 b. Is 14 grams or more, but less than 28 grams, such person
2462 shall be sentenced to a mandatory minimum term of imprisonment
2463 of 15 years and shall be ordered to pay a fine of $100,000.
2464 c. Is 28 grams or more, but less than 30 kilograms, such
2465 person shall be sentenced to a mandatory minimum term of
2466 imprisonment of 25 years and shall be ordered to pay a fine of
2467 $500,000.
2468 2. A person who knowingly sells, purchases, manufactures,
2469 delivers, or brings into this state, or who is knowingly in
2470 actual or constructive possession of, 14 grams or more of
2471 hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
2472 described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
2473 grams or more of any mixture containing any such substance,
2474 commits a felony of the first degree, which felony shall be
2475 known as “trafficking in hydrocodone,” punishable as provided in
2476 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
2477 a. Is 14 grams or more, but less than 28 grams, such person
2478 shall be sentenced to a mandatory minimum term of imprisonment
2479 of 3 years and shall be ordered to pay a fine of $50,000.
2480 b. Is 28 grams or more, but less than 50 grams, such person
2481 shall be sentenced to a mandatory minimum term of imprisonment
2482 of 7 years and shall be ordered to pay a fine of $100,000.
2483 c. Is 50 grams or more, but less than 200 grams, such
2484 person shall be sentenced to a mandatory minimum term of
2485 imprisonment of 15 years and shall be ordered to pay a fine of
2486 $500,000.
2487 d. Is 200 grams or more, but less than 30 kilograms, such
2488 person shall be sentenced to a mandatory minimum term of
2489 imprisonment of 25 years and shall be ordered to pay a fine of
2490 $750,000.
2491 3. A person who knowingly sells, purchases, manufactures,
2492 delivers, or brings into this state, or who is knowingly in
2493 actual or constructive possession of, 7 grams or more of
2494 oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
2495 thereof, or 7 grams or more of any mixture containing any such
2496 substance, commits a felony of the first degree, which felony
2497 shall be known as “trafficking in oxycodone,” punishable as
2498 provided in s. 775.082, s. 775.083, or s. 775.084. If the
2499 quantity involved:
2500 a. Is 7 grams or more, but less than 14 grams, such person
2501 shall be sentenced to a mandatory minimum term of imprisonment
2502 of 3 years and shall be ordered to pay a fine of $50,000.
2503 b. Is 14 grams or more, but less than 25 grams, such person
2504 shall be sentenced to a mandatory minimum term of imprisonment
2505 of 7 years and shall be ordered to pay a fine of $100,000.
2506 c. Is 25 grams or more, but less than 100 grams, such
2507 person shall be sentenced to a mandatory minimum term of
2508 imprisonment of 15 years and shall be ordered to pay a fine of
2509 $500,000.
2510 d. Is 100 grams or more, but less than 30 kilograms, such
2511 person shall be sentenced to a mandatory minimum term of
2512 imprisonment of 25 years and shall be ordered to pay a fine of
2513 $750,000.
2514 4.a. A person who knowingly sells, purchases, manufactures,
2515 delivers, or brings into this state, or who is knowingly in
2516 actual or constructive possession of, 4 grams or more of:
2517 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
2518 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
2519 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
2520 (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
2521 (V) A fentanyl derivative, as described in s.
2522 893.03(1)(a)62.;
2523 (VI) A controlled substance analog, as described in s.
2524 893.0356, of any substance described in sub-sub-subparagraphs
2525 (I)-(V); or
2526 (VII) A mixture containing any substance described in sub
2527 sub-subparagraphs (I)-(VI),
2528
2529 commits a felony of the first degree, which felony shall be
2530 known as “trafficking in fentanyl,” punishable as provided in s.
2531 775.082, s. 775.083, or s. 775.084.
2532 b. If the quantity involved under sub-subparagraph a.:
2533 (I) Is 4 grams or more, but less than 14 grams, such person
2534 shall be sentenced to a mandatory minimum term of imprisonment
2535 of 3 years, and shall be ordered to pay a fine of $50,000.
2536 (II) Is 14 grams or more, but less than 28 grams, such
2537 person shall be sentenced to a mandatory minimum term of
2538 imprisonment of 15 years, and shall be ordered to pay a fine of
2539 $100,000.
2540 (III) Is 28 grams or more, such person shall be sentenced
2541 to a mandatory minimum term of imprisonment of 25 years, and
2542 shall be ordered to pay a fine of $500,000.
2543 5. A person who knowingly sells, purchases, manufactures,
2544 delivers, or brings into this state, or who is knowingly in
2545 actual or constructive possession of, 30 kilograms or more of
2546 any morphine, opium, oxycodone, hydrocodone, codeine,
2547 hydromorphone, or any salt, derivative, isomer, or salt of an
2548 isomer thereof, including heroin, as described in s.
2549 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
2550 more of any mixture containing any such substance, commits the
2551 first degree felony of trafficking in illegal drugs. A person
2552 who has been convicted of the first degree felony of trafficking
2553 in illegal drugs under this subparagraph shall be punished by
2554 life imprisonment and is ineligible for any form of
2555 discretionary early release except pardon or executive clemency
2556 or conditional medical release under s. 947.149. However, if the
2557 court determines that, in addition to committing any act
2558 specified in this paragraph:
2559 a. The person intentionally killed an individual or
2560 counseled, commanded, induced, procured, or caused the
2561 intentional killing of an individual and such killing was the
2562 result; or
2563 b. The person’s conduct in committing that act led to a
2564 natural, though not inevitable, lethal result,
2565
2566 such person commits the capital felony of trafficking in illegal
2567 drugs, punishable as provided in ss. 775.082 and 921.142. A
2568 person sentenced for a capital felony under this paragraph shall
2569 also be sentenced to pay the maximum fine provided under
2570 subparagraph 1.
2571 6. A person who knowingly brings into this state 60
2572 kilograms or more of any morphine, opium, oxycodone,
2573 hydrocodone, codeine, hydromorphone, or any salt, derivative,
2574 isomer, or salt of an isomer thereof, including heroin, as
2575 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
2576 60 kilograms or more of any mixture containing any such
2577 substance, and who knows that the probable result of such
2578 importation would be the death of a person, commits capital
2579 importation of illegal drugs, a capital felony punishable as
2580 provided in ss. 775.082 and 921.142. A person sentenced for a
2581 capital felony under this paragraph shall also be sentenced to
2582 pay the maximum fine provided under subparagraph 1.
2583 (g)1. Any person who knowingly sells, purchases,
2584 manufactures, delivers, or brings into this state, or who is
2585 knowingly in actual or constructive possession of, 4 grams or
2586 more of flunitrazepam or any mixture containing flunitrazepam as
2587 described in s. 893.03(1)(a) commits a felony of the first
2588 degree, which felony shall be known as “trafficking in
2589 flunitrazepam,” punishable as provided in s. 775.082, s.
2590 775.083, or s. 775.084. If the quantity involved:
2591 a. Is 4 grams or more but less than 14 grams, such person
2592 shall be sentenced to a mandatory minimum term of imprisonment
2593 of 3 years, and the defendant shall be ordered to pay a fine of
2594 $50,000.
2595 b. Is 14 grams or more but less than 28 grams, such person
2596 shall be sentenced to a mandatory minimum term of imprisonment
2597 of 7 years, and the defendant shall be ordered to pay a fine of
2598 $100,000.
2599 c. Is 28 grams or more but less than 30 kilograms, such
2600 person shall be sentenced to a mandatory minimum term of
2601 imprisonment of 25 calendar years and pay a fine of $500,000.
2602 2. Any person who knowingly sells, purchases, manufactures,
2603 delivers, or brings into this state or who is knowingly in
2604 actual or constructive possession of 30 kilograms or more of
2605 flunitrazepam or any mixture containing flunitrazepam as
2606 described in s. 893.03(1)(a) commits the first degree felony of
2607 trafficking in flunitrazepam. A person who has been convicted of
2608 the first degree felony of trafficking in flunitrazepam under
2609 this subparagraph shall be punished by life imprisonment and is
2610 ineligible for any form of discretionary early release except
2611 pardon or executive clemency or conditional medical release
2612 under s. 947.149. However, if the court determines that, in
2613 addition to committing any act specified in this paragraph:
2614 a. The person intentionally killed an individual or
2615 counseled, commanded, induced, procured, or caused the
2616 intentional killing of an individual and such killing was the
2617 result; or
2618 b. The person’s conduct in committing that act led to a
2619 natural, though not inevitable, lethal result,
2620
2621 such person commits the capital felony of trafficking in
2622 flunitrazepam, punishable as provided in ss. 775.082 and
2623 921.142. Any person sentenced for a capital felony under this
2624 paragraph shall also be sentenced to pay the maximum fine
2625 provided under subparagraph 1.
2626 (3) Notwithstanding the provisions of s. 948.01, with
2627 respect to any person who is found to have violated this
2628 section, adjudication of guilt or imposition of sentence shall
2629 not be suspended, deferred, or withheld, nor shall such person
2630 be eligible for parole prior to serving the mandatory minimum
2631 term of imprisonment prescribed by this section. A person
2632 sentenced to a mandatory minimum term of imprisonment under this
2633 section is not eligible for any form of discretionary early
2634 release, except pardon or executive clemency or conditional
2635 medical release under s. 947.149, prior to serving the mandatory
2636 minimum term of imprisonment.
2637 Section 43. For the purpose of incorporating the amendment
2638 made by this act to section 947.149, Florida Statutes, in a
2639 reference thereto, subsection (2) of section 921.0024, Florida
2640 Statutes, is reenacted to read:
2641 921.0024 Criminal Punishment Code; worksheet computations;
2642 scoresheets.—
2643 (2) The lowest permissible sentence is the minimum sentence
2644 that may be imposed by the trial court, absent a valid reason
2645 for departure. The lowest permissible sentence is any nonstate
2646 prison sanction in which the total sentence points equals or is
2647 less than 44 points, unless the court determines within its
2648 discretion that a prison sentence, which may be up to the
2649 statutory maximums for the offenses committed, is appropriate.
2650 When the total sentence points exceeds 44 points, the lowest
2651 permissible sentence in prison months shall be calculated by
2652 subtracting 28 points from the total sentence points and
2653 decreasing the remaining total by 25 percent. The total sentence
2654 points shall be calculated only as a means of determining the
2655 lowest permissible sentence. The permissible range for
2656 sentencing shall be the lowest permissible sentence up to and
2657 including the statutory maximum, as defined in s. 775.082, for
2658 the primary offense and any additional offenses before the court
2659 for sentencing. The sentencing court may impose such sentences
2660 concurrently or consecutively. However, any sentence to state
2661 prison must exceed 1 year. If the lowest permissible sentence
2662 under the code exceeds the statutory maximum sentence as
2663 provided in s. 775.082, the sentence required by the code must
2664 be imposed. If the total sentence points are greater than or
2665 equal to 363, the court may sentence the offender to life
2666 imprisonment. An offender sentenced to life imprisonment under
2667 this section is not eligible for any form of discretionary early
2668 release, except executive clemency or conditional medical
2669 release under s. 947.149.
2670 Section 44. For the purpose of incorporating the amendment
2671 made by this act to section 947.149, Florida Statutes, in a
2672 reference thereto, paragraph (b) of subsection (7) of section
2673 944.605, Florida Statutes, is reenacted to read:
2674 944.605 Inmate release; notification; identification card.—
2675 (7)
2676 (b) Paragraph (a) does not apply to inmates who:
2677 1. The department determines have a valid driver license or
2678 state identification card, except that the department shall
2679 provide these inmates with a replacement state identification
2680 card or replacement driver license, if necessary.
2681 2. Have an active detainer, unless the department
2682 determines that cancellation of the detainer is likely or that
2683 the incarceration for which the detainer was issued will be less
2684 than 12 months in duration.
2685 3. Are released due to an emergency release or a
2686 conditional medical release under s. 947.149.
2687 4. Are not in the physical custody of the department at or
2688 within 180 days before release.
2689 5. Are subject to sex offender residency restrictions, and
2690 who, upon release under such restrictions, do not have a
2691 qualifying address.
2692 Section 45. For the purpose of incorporating the amendment
2693 made by this act to section 947.149, Florida Statutes, in a
2694 reference thereto, paragraph (b) of subsection (1) of section
2695 944.70, Florida Statutes, is reenacted to read:
2696 944.70 Conditions for release from incarceration.—
2697 (1)
2698 (b) A person who is convicted of a crime committed on or
2699 after January 1, 1994, may be released from incarceration only:
2700 1. Upon expiration of the person’s sentence;
2701 2. Upon expiration of the person’s sentence as reduced by
2702 accumulated meritorious or incentive gain-time;
2703 3. As directed by an executive order granting clemency;
2704 4. Upon placement in a conditional release program pursuant
2705 to s. 947.1405 or a conditional medical release program pursuant
2706 to s. 947.149; or
2707 5. Upon the granting of control release, including
2708 emergency control release, pursuant to s. 947.146.
2709 Section 46. For the purpose of incorporating the amendment
2710 made by this act to section 947.149, Florida Statutes, in a
2711 reference thereto, paragraph (h) of subsection (1) of section
2712 947.13, Florida Statutes, is reenacted to read:
2713 947.13 Powers and duties of commission.—
2714 (1) The commission shall have the powers and perform the
2715 duties of:
2716 (h) Determining what persons will be released on
2717 conditional medical release under s. 947.149, establishing the
2718 conditions of conditional medical release, and determining
2719 whether a person has violated the conditions of conditional
2720 medical release and taking action with respect to such a
2721 violation.
2722 Section 47. For the purpose of incorporating the amendment
2723 made by this act to section 947.149, Florida Statutes, in a
2724 reference thereto, subsections (1), (2), and (7) of section
2725 947.141, Florida Statutes, are reenacted to read:
2726 947.141 Violations of conditional release, control release,
2727 or conditional medical release or addiction-recovery
2728 supervision.—
2729 (1) If a member of the commission or a duly authorized
2730 representative of the commission has reasonable grounds to
2731 believe that an offender who is on release supervision under s.
2732 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
2733 the terms and conditions of the release in a material respect,
2734 such member or representative may cause a warrant to be issued
2735 for the arrest of the releasee; if the offender was found to be
2736 a sexual predator, the warrant must be issued.
2737 (2) Upon the arrest on a felony charge of an offender who
2738 is on release supervision under s. 947.1405, s. 947.146, s.
2739 947.149, or s. 944.4731, the offender must be detained without
2740 bond until the initial appearance of the offender at which a
2741 judicial determination of probable cause is made. If the trial
2742 court judge determines that there was no probable cause for the
2743 arrest, the offender may be released. If the trial court judge
2744 determines that there was probable cause for the arrest, such
2745 determination also constitutes reasonable grounds to believe
2746 that the offender violated the conditions of the release. Within
2747 24 hours after the trial court judge’s finding of probable
2748 cause, the detention facility administrator or designee shall
2749 notify the commission and the department of the finding and
2750 transmit to each a facsimile copy of the probable cause
2751 affidavit or the sworn offense report upon which the trial court
2752 judge’s probable cause determination is based. The offender must
2753 continue to be detained without bond for a period not exceeding
2754 72 hours excluding weekends and holidays after the date of the
2755 probable cause determination, pending a decision by the
2756 commission whether to issue a warrant charging the offender with
2757 violation of the conditions of release. Upon the issuance of the
2758 commission’s warrant, the offender must continue to be held in
2759 custody pending a revocation hearing held in accordance with
2760 this section.
2761 (7) If a law enforcement officer has probable cause to
2762 believe that an offender who is on release supervision under s.
2763 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
2764 the terms and conditions of his or her release by committing a
2765 felony offense, the officer shall arrest the offender without a
2766 warrant, and a warrant need not be issued in the case.
2767 Section 48. This act shall take effect October 1, 2018.