Florida Senate - 2019                              CS for SB 642
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes,
       Gruters, Rouson, Perry, and Broxson
       
       
       
       
       591-02648A-19                                          2019642c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; providing a short
    3         title; amending s. 893.135, F.S.; requiring that the
    4         court impose, for an offense relating to trafficking
    5         in certain substances, a sentence pursuant to the
    6         Criminal Punishment Code and without regard to any
    7         statutory minimum sentence if the court makes
    8         specified findings under certain circumstances;
    9         amending s. 944.275, F.S.; requiring an education
   10         program manager to recommend, and authorizing the
   11         Department of Corrections to grant, an award of a
   12         specified amount of incentive gain-time to an inmate
   13         who has completed the Prison Entrepreneurship Program;
   14         revising circumstances under which certain inmates are
   15         not eligible for certain types of gain-time in amounts
   16         that would cause a sentence to end or require a
   17         release prior to serving a minimum percentage of a
   18         sentence; amending s. 944.611, F.S.; providing
   19         legislative intent with respect to the location of an
   20         inmate’s confinement; amending s. 944.705, F.S.;
   21         requiring that the department provide an inmate with a
   22         comprehensive community reentry resource directory
   23         organized by county before an inmate’s release;
   24         authorizing a nonprofit faith-based or professional
   25         business or a civic or community organization to apply
   26         for registration with the department to provide inmate
   27         reentry services; requiring the department to adopt
   28         certain policies and procedures; authorizing the
   29         department to deny approval and registration of an
   30         organization or representative of an organization
   31         under certain circumstances; authorizing the
   32         department to contract with a public or private
   33         educational institution’s Veterans Advocacy Clinic or
   34         Veterans Legal Clinic for certain purposes; requiring
   35         the department to include notification of all
   36         outstanding terms of sentence in an inmate’s release
   37         documents; providing an exception to the notification
   38         requirement for inmates who are released to any type
   39         of supervision monitored by the Department of
   40         Corrections; requiring the department to adopt certain
   41         rules; amending s. 944.801, F.S.; authorizing the
   42         Correctional Education Program to establish a Prison
   43         Entrepreneurship Program and adopt procedures for
   44         admitting student inmates; providing requirements for
   45         the program; authorizing transitional and postrelease
   46         continuing educational services to be offered under
   47         certain circumstances; requiring the department to
   48         enter into certain agreements to implement the
   49         program; requiring that the program be funded with
   50         existing resources; amending s. 948.001, F.S.;
   51         redefining the term “administrative probation”;
   52         amending s. 948.013, F.S.; authorizing the department
   53         to transfer an offender to administrative probation
   54         under certain circumstances; amending s. 948.03, F.S.;
   55         requiring the department to include in the Florida
   56         Crime Information Center system all conditions of
   57         probation as determined by the court for each
   58         probationer; creating s. 948.041, F.S.; requiring the
   59         department to provide notification in writing to an
   60         offender, upon the termination of his or her term of
   61         probation or community control, of all outstanding
   62         terms of sentence; amending s. 948.06, F.S.; requiring
   63         a probation officer to determine whether a probationer
   64         or offender on community control who commits a
   65         technical violation is eligible for a certain
   66         alternative sanctioning program; authorizing the
   67         probation officer to take certain actions if such
   68         probationer or offender is eligible; defining the term
   69         “technical violation”; requiring that judicial
   70         circuits establish an alternative sanctioning program;
   71         authorizing the chief judge of each judicial circuit
   72         to issue specified administrative orders; requiring a
   73         probation officer to submit to the court for approval
   74         any recommended sanctions against a probationer or
   75         offender determined to be eligible for the program to
   76         the court for approval; defining the terms “low-risk
   77         violation” and “moderate-risk violation”; specifying
   78         circumstances under which a probationer or offender on
   79         community control is not eligible for an alternative
   80         sanction; authorizing a probation officer to offer an
   81         eligible probationer one or more specified alternative
   82         sanctions for a first or second low-risk violation;
   83         authorizing a probation officer, under certain
   84         circumstances, to offer an eligible probationer or
   85         offender on community control one or more specified
   86         alternative sanctions for a first moderate-risk
   87         violation; providing that the participation of a
   88         probationer or offender on community control in the
   89         alternative sanctioning program is voluntary, subject
   90         to certain requirements; specifying actions that a
   91         probationer or offender on community control may take
   92         if he or she is eligible for an alternative
   93         sanctioning program; providing that a probation
   94         officer, under certain circumstances, submit a
   95         recommended sanction to the court; authorizing the
   96         court to impose the recommended sanction or direct the
   97         department to submit a violation report, affidavit,
   98         and warrant to the court; authorizing a probation
   99         officer to submit a violation report, affidavit, and
  100         warrant to the court under certain circumstances;
  101         prohibiting certain evidence in subsequent
  102         proceedings; creating s. 951.30, F.S.; requiring each
  103         county detention facility to notify a prisoner in
  104         writing, upon such prisoner’s release, of all
  105         outstanding terms of sentence; providing an exception
  106         to the notification requirement for prisoners who are
  107         released into the custody or control of the Department
  108         of Corrections; amending s. 893.03, F.S.; conforming a
  109         cross-reference; providing an effective date.
  110          
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. This act may be cited as the Florida First Step
  114  Act.
  115         Section 2. Present subsections (6) and (7) of section
  116  893.135, Florida Statutes, are redesignated as subsections (7)
  117  and (8), respectively, and a new subsection (6) is added to that
  118  section, to read:
  119         893.135 Trafficking; mandatory sentences; suspension or
  120  reduction of sentences; conspiracy to engage in trafficking.—
  121         (6) Notwithstanding any other provision of law, for an
  122  offense under this section the court shall impose a sentence
  123  pursuant to the Criminal Punishment Code under chapter 921 and
  124  without regard to any statutory minimum sentence, if the court
  125  finds at sentencing, after the state attorney has been afforded
  126  the opportunity to make a recommendation, all of the following:
  127         (a) The defendant has not previously been convicted of a
  128  dangerous crime as defined in s. 907.041, or a violation
  129  specified as a predicate offense for registration as a sexual
  130  predator under s. 775.21 or for registration as a sexual
  131  offender under s. 943.0435.
  132         (b) The defendant did not use violence or credible threats
  133  of violence or possess a firearm or other dangerous weapon, or
  134  induce another participant to do so, in connection with the
  135  offense.
  136         (c) The offense did not result in death or serious bodily
  137  injury to any person.
  138         (d) The defendant was not engaged in a continuing criminal
  139  enterprise, as defined in s. 893.20.
  140         (e) By the time of the sentencing hearing, the defendant
  141  has truthfully provided to the state all information and
  142  evidence the defendant has concerning the offense or offenses
  143  that were part of the same course of conduct or of a common
  144  scheme or plan. The fact that the defendant has no other
  145  relevant or useful information to provide or that the state is
  146  already aware of the information does not preclude a
  147  determination by the court that the defendant has complied with
  148  this requirement.
  149         Section 3. Paragraphs (d) and (f) of subsection (4) of
  150  section 944.275, Florida Statutes, are amended to read:
  151         944.275 Gain-time.—
  152         (4)
  153         (d) Notwithstanding the monthly maximum awards of incentive
  154  gain-time under subparagraphs (b)1., 2., and 3., the education
  155  program manager shall recommend, and the Department of
  156  Corrections may grant, a one-time award of 60 additional days of
  157  incentive gain-time to an inmate who is otherwise eligible and
  158  who successfully completes requirements for and is, or has been
  159  during the current commitment, awarded a high school equivalency
  160  diploma or vocational certificate, or has completed the Prison
  161  Entrepreneurship Program. Under no circumstances may an inmate
  162  receive more than 60 days for educational attainment pursuant to
  163  this section.
  164         (f) An inmate who is subject to subparagraph (b)3. is not
  165  eligible to earn or receive gain-time under paragraph (a),
  166  paragraph (b), or paragraph (c), or paragraph (d) or any other
  167  type of gain-time other than under paragraph (d) in an amount
  168  that would cause a sentence to expire, end, or terminate, or
  169  that would result in a prisoner’s release, prior to serving a
  170  minimum of 85 percent of the sentence imposed. An inmate who is
  171  currently serving a sentence for or has been previously
  172  convicted of a dangerous crime as defined in s. 907.041, or a
  173  violation specified as a predicate offense for registration as a
  174  sexual predator under s. 775.21 or for registration as a sexual
  175  offender under s. 943.0435, is not eligible to earn or receive
  176  gain-time under paragraphs (a) through (d), or any other type of
  177  gain-time in an amount that would cause a sentence to expire,
  178  end, or terminate, or that would result in a prisoner’s release,
  179  prior to serving a minimum of 85 percent of the sentence
  180  imposed. For purposes of this paragraph, credits awarded by the
  181  court for time physically incarcerated shall be credited toward
  182  satisfaction of 85 percent of the sentence imposed. Except as
  183  provided by this section, a prisoner may not accumulate further
  184  gain-time awards at any point when the tentative release date is
  185  the same as that date at which the prisoner will have served 85
  186  percent of the sentence imposed. State prisoners sentenced to
  187  life imprisonment shall be incarcerated for the rest of their
  188  natural lives, unless granted pardon or clemency.
  189         Section 4. Subsection (2) of section 944.611, Florida
  190  Statutes, is amended to read:
  191         944.611 Legislative intent.—The Legislature finds and
  192  declares that:
  193         (2) It is the intent of the Legislature that:
  194         (a) The secretary shall designate the place of each
  195  inmate’s confinement and shall, subject to bed availability and
  196  the inmate’s security designation, programmatic needs, and
  197  mental and medical health needs, place each inmate in an
  198  institution or facility as close as practicable to within 300
  199  driving miles of the inmate’s primary residence, unless the
  200  safety of department employees or inmates requires other
  201  placement. Subject to bed availability and the inmate’s security
  202  designation, the department shall transfer an inmate to an
  203  institution or facility that is as close as practicable to
  204  within 300 driving miles of the inmate’s primary residence,
  205  unless the inmate chooses to remain at his or her current
  206  institution or facility.
  207         (b)(a) To the extent possible, an inmate be returned, upon
  208  release, to the same area from which the inmate was committed.
  209         (c)(b) An inmate being released from a community work
  210  release program is not eligible for the provision of
  211  transportation.
  212         (d)(c) Transportation provided for an eligible inmate upon
  213  release shall be to one of the following points:
  214         1. The county where parole placement has been approved and
  215  supervision is to commence.
  216         2. Another state.
  217         3. The county of employment within the state.
  218         4. The county of legal residence within the state.
  219         5. The county of original commitment within the state.
  220         (e)(d) Each releasee who is eligible for the provision of
  221  transportation shall be escorted to the site of embarkation by
  222  an officer of the correctional facility, who shall remain until
  223  the releasee has departed.
  224         Section 5. Present subsections (3), (4), and (5) of section
  225  944.705, Florida Statutes, are redesignated as subsections (4),
  226  (5), and (6), respectively, present subsection (6) of that
  227  section is amended, and new subsection (3) and subsections (7),
  228  (8), (9), and (11) are added to that section, to read:
  229         944.705 Release orientation program.—
  230         (3) Before an inmate’s release, the department shall
  231  provide the inmate with a comprehensive community reentry
  232  resource directory organized by county which includes the name,
  233  address, and telephone number of each provider and a description
  234  of the services offered by each provider. The directory must
  235  also include the name, address, and telephone number of existing
  236  starting points for using such resources.
  237         (7) A nonprofit faith-based or professional business, or a
  238  civic or community organization, may apply for registration with
  239  the department to provide inmate reentry services. Reentry
  240  services include, but are not limited to, counseling; providing
  241  information on housing and job placement; money management
  242  assistance; and programs that address substance abuse, mental
  243  health, or co-occurring conditions.
  244         (8) The department shall adopt policies and procedures for
  245  screening, approving, and registering an organization that
  246  applies under subsection (7). The department may deny approval
  247  and registration of the organization or a representative of the
  248  organization if it determines that the organization or
  249  representative does not meet the department’s policies or
  250  procedures.
  251         (9) The department may contract with a public or private
  252  educational institution’s Veterans Advocacy Clinic or Veterans
  253  Legal Clinic to assist qualified veteran inmates in applying for
  254  veteran’s benefits upon release.
  255         (10)(6)(a) The department shall notify every inmate, in no
  256  less than 18-point type in the inmate’s release documents:,
  257         (a) Of all outstanding terms of the inmate’s sentence at
  258  the time of release, including, but not limited to, a term of
  259  supervision and any conditions required upon release from
  260  imprisonment or unpaid restitution, court costs, fees, or fines.
  261  This paragraph does not apply to inmates who are being released
  262  from the custody of the department to any type of supervision
  263  monitored by the department.
  264         (b)1. In no less than 18-point type, that the inmate may be
  265  sentenced pursuant to s. 775.082(9) if the inmate commits any
  266  felony offense described in s. 775.082(9) within 3 years after
  267  the inmate’s release. This notice must be prefaced by the word
  268  “WARNING” in boldfaced type.
  269         2.(b)Nothing in This section does not preclude precludes
  270  the sentencing of a person pursuant to s. 775.082(9), and nor
  271  shall evidence that the department failed to provide this notice
  272  does not prohibit a person from being sentenced pursuant to s.
  273  775.082(9). The state is shall not be required to demonstrate
  274  that a person received any notice from the department in order
  275  for the court to impose a sentence pursuant to s. 775.082(9).
  276         (11) The department shall adopt rules to implement this
  277  section.
  278         Section 6. Present subsections (4), (5), and (6) of section
  279  944.801, Florida Statutes, are redesignated as subsections (5),
  280  (6), and (7), respectively, and a new subsection (4) is added to
  281  that section, to read:
  282         944.801 Education for state prisoners.—
  283         (4) The Correctional Education Program may establish a
  284  Prison Entrepreneurship Program and adopt procedures for
  285  admitting student inmates. If the department elects to develop
  286  the program, it must include at least 180 days of in-prison
  287  education. The program curriculum must include a component on
  288  developing a business plan, procedures for graduation and
  289  certification of successful student inmates, and at least 90
  290  days of transitional and postrelease continuing educational
  291  services. Transitional and postrelease continuing educational
  292  services may be offered to graduate student inmates on a
  293  voluntary basis and are not a requirement for completion of the
  294  program. The department shall enter into agreements with public
  295  or private colleges or universities or other nonprofit entities
  296  to implement the program. The program must be funded with
  297  existing resources.
  298         Section 7. Subsection (1) of section 948.001, Florida
  299  Statutes, is amended to read:
  300         948.001 Definitions.—As used in this chapter, the term:
  301         (1) “Administrative probation” means a form of no contact,
  302  nonreporting supervision that may be imposed by order of the
  303  court or transfer by the Department of Corrections as provided
  304  in s. 948.013 in which an offender who presents a low risk of
  305  harm to the community may, upon satisfactory completion of half
  306  the term of probation, be transferred by the Department of
  307  Corrections to this type of reduced level of supervision, as
  308  provided in s. 948.013.
  309         Section 8. Subsection (1) of section 948.013, Florida
  310  Statutes, is amended to read:
  311         948.013 Administrative probation.—
  312         (1) The Department of Corrections may transfer an offender
  313  to administrative probation if he or she presents a low risk of
  314  harm to the community and has satisfactorily completed at least
  315  half of his or her probation term. The department of Corrections
  316  may establish procedures for transferring an offender to
  317  administrative probation. The department may collect an initial
  318  processing fee of up to $50 for each probationer transferred to
  319  administrative probation. The offender is exempt from further
  320  payment for the cost of supervision as required in s. 948.09.
  321         Section 9. Subsection (3) is added to section 948.03,
  322  Florida Statutes, to read:
  323         948.03 Terms and conditions of probation.—
  324         (3)The Department of Corrections shall include in the
  325  Florida Crime Information Center system all conditions of
  326  probation as determined by the court for each probationer.
  327         Section 10. Section 948.041, Florida Statutes, is created
  328  to read:
  329         948.041Notification of outstanding terms of sentence upon
  330  termination of probation or community control.—Upon the
  331  termination of an offender’s term of probation or community
  332  control, the department shall notify the offender in writing of
  333  all outstanding terms of the offender’s sentence at the time of
  334  termination, including, but not limited to, uncompleted
  335  conditions, unpaid restitution, court costs, fees, or fines.
  336         Section 11. Present paragraphs (c) through (g) of
  337  subsection (1) of section 948.06, Florida Statutes, are
  338  redesignated as paragraphs (d) through (h), respectively,
  339  present paragraph (h) of that subsection is amended, a new
  340  paragraph (c) is added to that subsection, and subsection (9) is
  341  added to that section, to read:
  342         948.06 Violation of probation or community control;
  343  revocation; modification; continuance; failure to pay
  344  restitution or cost of supervision.—
  345         (1)
  346         (c)If a probationer or offender on community control
  347  commits a technical violation, the probation officer shall
  348  determine whether the probationer or offender on community
  349  control is eligible for the alternative sanctioning program
  350  under subsection (9). If the probation officer determines that
  351  the probationer or offender on community control is eligible,
  352  the probation officer may submit recommended sanctions to the
  353  court for its approval in lieu of filing an affidavit of
  354  violation with the court. For purposes of this section, the term
  355  “technical violation” means an alleged violation of supervision
  356  that is not a new felony offense, misdemeanor offense, or
  357  criminal traffic offense.
  358         (h)1. The chief judge of each judicial circuit, in
  359  consultation with the state attorney, the public defender, and
  360  the department, may establish an alternative sanctioning program
  361  in which the department, after receiving court approval, may
  362  enforce specified sanctions for certain technical violations of
  363  supervision. For purposes of this paragraph, the term “technical
  364  violation” means any alleged violation of supervision that is
  365  not a new felony offense, misdemeanor offense, or criminal
  366  traffic offense.
  367         2. To establish an alternative sanctioning program, the
  368  chief judge must issue an administrative order specifying:
  369         a. Eligibility criteria.
  370         b. The technical violations that are eligible for the
  371  program.
  372         c. The sanctions that may be recommended by a probation
  373  officer for each technical violation.
  374         d. The process for reporting technical violations through
  375  the alternative sanctioning program, including approved forms.
  376         3. If an offender is alleged to have committed a technical
  377  violation of supervision that is eligible for the program, the
  378  offender may:
  379         a. Waive participation in the alternative sanctioning
  380  program, in which case the probation officer may submit a
  381  violation report, affidavit, and warrant to the court in
  382  accordance with this section; or
  383         b. Elect to participate in the alternative sanctioning
  384  program after receiving written notice of an alleged technical
  385  violation and a disclosure of the evidence against the offender,
  386  admit to the technical violation, agree to comply with the
  387  probation officer’s recommended sanction if subsequently ordered
  388  by the court, and agree to waive the right to:
  389         (I) Be represented by legal counsel.
  390         (II) Require the state to prove his or her guilt before a
  391  neutral and detached hearing body.
  392         (III)Subpoena witnesses and present to a judge evidence in
  393  his or her defense.
  394         (IV) Confront and cross-examine adverse witnesses.
  395         (V) Receive a written statement from a factfinder as to the
  396  evidence relied on and the reasons for the sanction imposed.
  397         4. If the offender admits to committing the technical
  398  violation and agrees with the probation officer’s recommended
  399  sanction, the probation officer must, before imposing the
  400  sanction, submit the recommended sanction to the court as well
  401  as documentation reflecting the offender’s admission to the
  402  technical violation and agreement with the recommended sanction.
  403         5. The court may impose the recommended sanction or may
  404  direct the department to submit a violation report, affidavit,
  405  and warrant to the court in accordance with this section.
  406         6. An offender’s participation in an alternative
  407  sanctioning program is voluntary. The offender may elect to
  408  waive or discontinue participation in an alternative sanctioning
  409  program at any time before the issuance of a court order
  410  imposing the recommended sanction.
  411         7. If an offender waives or discontinues participation in
  412  an alternative sanctioning program, the probation officer may
  413  submit a violation report, affidavit, and warrant to the court
  414  in accordance with this section. The offender’s prior admission
  415  to the technical violation may not be used as evidence in
  416  subsequent proceedings.
  417         (9)(a) Each judicial circuit shall establish an alternative
  418  sanctioning program as provided in this subsection. The chief
  419  judge of each judicial circuit may, by administrative order,
  420  define additional sanctions or eligibility criteria and specify
  421  the process for reporting technical violations through the
  422  alternative sanctioning program. Any sanctions recommended for
  423  imposition through an alternative sanctions program must be
  424  submitted to the court by the probation officer for approval
  425  prior to imposing the sanction.
  426         (b) When committed by a probationer, a low-risk violation
  427  as used in this subsection means any of the following:
  428         1. A positive drug or alcohol test result.
  429         2. Failure to report to the probation office.
  430         3. Failure to report a change in address or other required
  431  information.
  432         4. Failure to attend a required class, treatment or
  433  counseling session, or meeting.
  434         5. Failure to submit to a drug or alcohol test.
  435         6. A violation of curfew.
  436         7. Failure to meet a monthly quota on any required
  437  probation condition, including, but not limited to, making
  438  restitution payments, paying court costs, or completing
  439  community service hours.
  440         8. Leaving the county without permission.
  441         9. Failure to report a change of employment.
  442         10. Associating with a person engaged in criminal activity.
  443         11. Any other violation as determined by administrative
  444  order of the chief judge of the circuit.
  445         (c) A moderate-risk violation” as used in this subsection
  446  means any of the following:
  447         1. A violation listed in paragraph (b) when committed by an
  448  offender on community control.
  449         2. Failure to remain at an approved residence by an
  450  offender on community control.
  451         3.A third violation listed in paragraph (b) by a
  452  probationer within the current term of supervision.
  453         4. Any other violation as determined by administrative
  454  order of the chief judge of the circuit.
  455         (d) A probationer or offender on community control is not
  456  eligible for an alternative sanction if:
  457         1. He or she is a violent felony offender of special
  458  concern as defined in paragraph (8)(b);
  459         2. The violation is a felony, misdemeanor, or criminal
  460  traffic offense;
  461         3. The violation is absconding;
  462         4. The violation is of a stay-away order or no-contact
  463  order;
  464         5. The violation is not identified as low-risk or moderate
  465  risk under this subsection or by administrative order;
  466         6. He or she has a prior moderate-risk level violation
  467  during the current term of supervision;
  468         7. He or she has three prior low-risk level violations
  469  during the same term of supervision;
  470         8. The term of supervision is scheduled to terminate in
  471  less than 90 days; or
  472         9. The terms of the sentence prohibit alternative
  473  sanctioning.
  474         (e) For a first or second low-risk violation, as defined in
  475  paragraph (b), within the current term of supervision, a
  476  probation officer may offer an eligible probationer one or more
  477  of the following as an alternative sanction:
  478         1. Up to 5 days in the county jail.
  479         2. Up to 50 additional community service hours.
  480         3. Counseling or treatment.
  481         4. Support group attendance.
  482         5. Drug testing.
  483         6. Loss of travel or other privileges.
  484         7. Curfew for up to 30 days.
  485         8. House arrest for up to 30 days.
  486         9. Any other sanction as determined by administrative order
  487  of the chief judge of the circuit.
  488         (f) For a first moderate-risk violation, as defined in
  489  paragraph (c), within the current term of supervision, a
  490  probation officer, with a supervisor’s approval, may offer an
  491  eligible probationer or offender on community control one or
  492  more of the following as an alternative sanction:
  493         1. Up to 21 days in the county jail.
  494         2. Curfew for up to 90 days.
  495         3. House arrest for up to 90 days.
  496         4.Electronic monitoring for up to 90 days.
  497         5. Residential treatment for up to 90 days.
  498         6.Any other sanction available for a low-risk violation.
  499         7. Any other sanction as determined by administrative order
  500  of the chief judge of the circuit.
  501         (g) The participation of a probationer or an offender on
  502  community control in the program is voluntary. The probationer
  503  or offender on community control may waive or discontinue
  504  participation in the program at any time before the court
  505  imposes a recommended sanction.
  506         (h)1. If a probationer or offender on community control is
  507  eligible for the alternative sanctioning program under this
  508  subsection, he or she may:
  509         a. Waive participation in the program, in which case the
  510  probation officer may submit a violation report, affidavit, and
  511  warrant to the court; or
  512         b. Elect to participate in the program after receiving
  513  written notice of an alleged technical violation and disclosure
  514  of the evidence against him or her, admitting to the technical
  515  violation, agreeing to comply with the probation officer’s
  516  recommended sanction if subsequently ordered by the court, and
  517  agreeing to waive the right to:
  518         (I)Be represented by legal counsel.
  519         (II)Require the state to prove his or her guilt before a
  520  neutral and detached hearing body.
  521         (III)Subpoena witnesses and present to a judge evidence in
  522  his or her defense.
  523         (IV)Confront and cross-examine adverse witnesses.
  524         (V)Receive a written statement from a judge as to the
  525  evidence relied on and the reasons for the sanction imposed.
  526         2. If the probationer or offender on community control
  527  admits to committing the technical violation and agrees with the
  528  probation officer’s recommended sanction, the probation officer
  529  must, before imposing the sanction, submit the recommended
  530  sanction to the court with documentation reflecting the
  531  probationer’s admission to the technical violation and agreement
  532  with the recommended sanction.
  533         (i) The court may impose the recommended sanction or direct
  534  the department to submit a violation report, affidavit, and
  535  warrant to the court.
  536         (j) If a probationer or offender on community control
  537  waives or discontinues participation in the program or fails to
  538  successfully complete all alternative sanctions within 90 days
  539  after imposition or within the timeframe specified in the agreed
  540  upon sanction, the probation officer may submit a violation
  541  report, affidavit, and warrant to the court. A prior admission
  542  by the probationer or offender on community control to a
  543  technical violation may not be used as evidence in subsequent
  544  proceedings.
  545         Section 12. Section 951.30, Florida Statutes, is created to
  546  read:
  547         951.30 Notification of outstanding terms of sentence upon
  548  release.—
  549         (1) A county detention facility shall notify a prisoner in
  550  writing upon the discharge of such prisoner of all outstanding
  551  terms of the prisoner’s sentence at the time of release,
  552  including, but not limited to, a term of supervision and any
  553  conditions required upon release from imprisonment or unpaid
  554  restitution, court costs, fees, or fines. Such notification
  555  shall be included in the documentation provided to the prisoner
  556  at release.
  557         (2) This section does not apply to prisoners who are
  558  discharged from a county detention facility to the custody or
  559  control of the Department of Corrections.
  560         Section 13. Paragraph (c) of subsection (3) of section
  561  893.03, Florida Statutes, is amended to read:
  562         893.03 Standards and schedules.—The substances enumerated
  563  in this section are controlled by this chapter. The controlled
  564  substances listed or to be listed in Schedules I, II, III, IV,
  565  and V are included by whatever official, common, usual,
  566  chemical, trade name, or class designated. The provisions of
  567  this section shall not be construed to include within any of the
  568  schedules contained in this section any excluded drugs listed
  569  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  570  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  571  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  572  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  573  Anabolic Steroid Products.”
  574         (3) SCHEDULE III.—A substance in Schedule III has a
  575  potential for abuse less than the substances contained in
  576  Schedules I and II and has a currently accepted medical use in
  577  treatment in the United States, and abuse of the substance may
  578  lead to moderate or low physical dependence or high
  579  psychological dependence or, in the case of anabolic steroids,
  580  may lead to physical damage. The following substances are
  581  controlled in Schedule III:
  582         (c) Unless specifically excepted or unless listed in
  583  another schedule, any material, compound, mixture, or
  584  preparation containing limited quantities of any of the
  585  following controlled substances or any salts thereof:
  586         1. Not more than 1.8 grams of codeine per 100 milliliters
  587  or not more than 90 milligrams per dosage unit, with an equal or
  588  greater quantity of an isoquinoline alkaloid of opium.
  589         2. Not more than 1.8 grams of codeine per 100 milliliters
  590  or not more than 90 milligrams per dosage unit, with recognized
  591  therapeutic amounts of one or more active ingredients which are
  592  not controlled substances.
  593         3. Not more than 300 milligrams of hydrocodone per 100
  594  milliliters or not more than 15 milligrams per dosage unit, with
  595  a fourfold or greater quantity of an isoquinoline alkaloid of
  596  opium.
  597         4. Not more than 300 milligrams of hydrocodone per 100
  598  milliliters or not more than 15 milligrams per dosage unit, with
  599  recognized therapeutic amounts of one or more active ingredients
  600  that are not controlled substances.
  601         5. Not more than 1.8 grams of dihydrocodeine per 100
  602  milliliters or not more than 90 milligrams per dosage unit, with
  603  recognized therapeutic amounts of one or more active ingredients
  604  which are not controlled substances.
  605         6. Not more than 300 milligrams of ethylmorphine per 100
  606  milliliters or not more than 15 milligrams per dosage unit, with
  607  one or more active, nonnarcotic ingredients in recognized
  608  therapeutic amounts.
  609         7. Not more than 50 milligrams of morphine per 100
  610  milliliters or per 100 grams, with recognized therapeutic
  611  amounts of one or more active ingredients which are not
  612  controlled substances.
  613  
  614  For purposes of charging a person with a violation of s. 893.135
  615  involving any controlled substance described in subparagraph 3.
  616  or subparagraph 4., the controlled substance is a Schedule III
  617  controlled substance pursuant to this paragraph but the weight
  618  of the controlled substance per milliliters or per dosage unit
  619  is not relevant to the charging of a violation of s. 893.135.
  620  The weight of the controlled substance shall be determined
  621  pursuant to s. 893.135(7) s. 893.135(6).
  622         Section 14. This act shall take effect July 1, 2019.