Florida Senate - 2020 SB 556
By Senator Brandes
24-00765-20 2020556__
1 A bill to be entitled
2 An act relating to inmate conditional medical release;
3 creating s. 945.0911, F.S.; establishing the
4 conditional medical release program within the
5 Department of Corrections; establishing a panel to
6 consider specified matters; defining terms; providing
7 for program eligibility; requiring any inmate who
8 meets certain criteria to be considered for
9 conditional medical release; providing that the inmate
10 does not have a right to release or to a certain
11 medical evaluation; requiring the department to
12 identify eligible inmates; requiring the department to
13 refer an inmate to the panel for consideration;
14 providing for victim notification in certain
15 circumstances; requiring the panel to conduct a
16 hearing within a specified timeframe; specifying
17 requirements for the hearing; providing a review
18 process for an inmate who is denied release; providing
19 conditions for release; providing that a medical
20 releasee remains in the care, custody, supervision,
21 and control of the department and is eligible to earn
22 or lose gain-time; prohibiting a medical releasee or
23 his or her community-based housing from being counted
24 in the prison system population and the prison
25 capacity figures, respectively; providing for the
26 revocation of an inmate’s conditional medical release;
27 authorizing the medical releasee to be returned to the
28 department’s custody if his or her medical or physical
29 condition improves; requiring a majority of the panel
30 members to agree on the appropriateness of revocation;
31 providing that gain-time is not forfeited for
32 revocation based on improvement in the inmate’s
33 condition; providing a review process for an inmate
34 who has his or her release revoked; authorizing the
35 medical releasee to be recommitted if he or she
36 violates any conditions of the release; requiring that
37 the medical releasee be detained if a violation is
38 based on certain circumstances; requiring that a
39 majority of the panel members agree on the
40 appropriateness of revocation; authorizing the
41 forfeiture of gain-time if the revocation is based on
42 certain violations; providing a review process for an
43 inmate who has his or her release revoked; requiring
44 that the medical releasee be given specified
45 information in certain instances; providing rulemaking
46 authority; repealing s. 947.149, F.S., relating to
47 conditional medical release; amending ss. 316.1935,
48 775.084, 775.087, 784.07, 790.235, 794.0115, 893.135,
49 921.0024, 944.605, 944.70, 947.13, and 947.141, F.S.;
50 conforming cross-references to changes made by the
51 act; providing an effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Section 945.0911, Florida Statutes, is created
56 to read:
57 945.0911 Conditional medical release.—
58 (1) CREATION.—There is established a conditional medical
59 release program within the department for the purpose of
60 determining whether release is appropriate for eligible inmates,
61 supervising the released inmates, and conducting revocation
62 hearings as provided for in this section. The establishment of
63 the conditional medical release program must include a panel of
64 at least three people appointed by the secretary or his or her
65 designee for the purpose of determining the appropriateness of
66 conditional medical release and conducting revocation hearings
67 on the inmate releases.
68 (2) DEFINITIONS.—As used in this section, the term:
69 (a) “Inmate with a debilitating illness” means an inmate
70 who is determined to be suffering from a significant terminal or
71 nonterminal condition, disease, or syndrome that has rendered
72 the inmate so physically or cognitively impaired, debilitated,
73 or incapacitated as to create a reasonable probability that the
74 inmate does not constitute a danger to herself or himself or to
75 others.
76 (b) “Permanently incapacitated inmate” means an inmate who
77 has a condition caused by injury, disease, or illness which, to
78 a reasonable degree of medical certainty, renders the inmate
79 permanently and irreversibly physically incapacitated to the
80 extent that the inmate does not constitute a danger to herself
81 or himself or to others.
82 (c) “Terminally ill inmate” means an inmate who has a
83 condition caused by injury, disease, or illness that, to a
84 reasonable degree of medical certainty, renders the inmate
85 terminally ill to the extent that there can be no recovery,
86 death is expected within 12 months, and the inmate does not
87 constitute a danger to herself or himself or to others.
88 (3) ELIGIBILITY.—An inmate is eligible for consideration
89 for release under the conditional medical release program when
90 the inmate, because of an existing medical or physical
91 condition, is determined by the department to be an inmate with
92 a debilitating illness, a permanently incapacitated inmate, or a
93 terminally ill inmate.
94 (4) REFERRAL FOR CONSIDERATION.—
95 (a)1. Notwithstanding any provision to the contrary, any
96 inmate in the custody of the department who meets one or more of
97 the eligibility requirements under subsection (3) must be
98 considered for conditional medical release.
99 2. The authority to grant conditional medical release rests
100 solely with the department. An inmate does not have a right to
101 release or to a medical evaluation to determine eligibility for
102 release pursuant to this section.
103 (b) The department must identify inmates who may be
104 eligible for conditional medical release based upon available
105 medical information. In considering an inmate for conditional
106 medical release, the department may require additional medical
107 evidence, including examinations of the inmate, or any other
108 additional investigations the department deems necessary for
109 determining the appropriateness of the eligible inmate’s
110 release.
111 (c) The department must refer an inmate to the panel
112 established under subsection (1) for review and determination of
113 conditional medical release upon his or her identification as
114 potentially eligible for release pursuant to this section.
115 (d) If the case that resulted in the inmate’s commitment to
116 the department involved a victim, and the victim specifically
117 requested notification pursuant to s. 16, Art. I of the State
118 Constitution, the department must notify the victim of the
119 inmate’s referral to the panel immediately upon identification
120 of the inmate as potentially eligible for release under this
121 section. Additionally, the victim must be afforded the right to
122 be heard regarding the release of the inmate.
123 (5) DETERMINATION OF RELEASE.—
124 (a) Within 45 days after receiving the referral, the panel
125 established in subsection (1) must conduct a hearing to
126 determine whether conditional medical release is appropriate for
127 the inmate. Before the hearing, the director of inmate health
128 services or his or her designee must review any relevant
129 information, including, but not limited to, medical evidence,
130 and provide the panel with a recommendation regarding the
131 appropriateness of releasing the inmate pursuant to this
132 section.
133 (b) A majority of the panel members must agree that release
134 pursuant to this section is appropriate for the inmate.
135 (c) An inmate who is denied conditional medical release by
136 the panel may have the decision reviewed by the department’s
137 general counsel and chief medical officer, who must make a
138 recommendation to the secretary. The secretary must review all
139 relevant information and make a final decision about the
140 appropriateness of conditional medical release pursuant to this
141 section. The decision of the secretary is a final administrative
142 decision not subject to appeal. An inmate who is denied
143 conditional medical release may be subsequently reconsidered for
144 such release in a manner prescribed by department rule.
145 (6) RELEASE CONDITIONS.—
146 (a) An inmate granted release pursuant to this section is
147 released for a period equal to the length of time remaining on
148 his or her term of imprisonment on the date the release is
149 granted. The medical releasee must comply with all reasonable
150 conditions of release the department imposes, which must
151 include, at a minimum:
152 1. Periodic medical evaluations at intervals determined by
153 the department at the time of release.
154 2. Supervision by an officer trained to handle special
155 offender caseloads.
156 3. Active electronic monitoring, if such monitoring is
157 determined to be necessary to ensure the safety of the public
158 and the releasee’s compliance with release conditions.
159 4. Any conditions of community control provided for in s.
160 948.101.
161 5. Any other conditions the department deems appropriate to
162 ensure the safety of the community and compliance by the medical
163 releasee.
164 (b) A medical releasee is considered to be in the care,
165 custody, supervision, and control of the department and remains
166 eligible to earn or lose gain-time in accordance with s. 944.275
167 and department rule. The medical releasee may not be counted in
168 the prison system population, and the medical releasee’s
169 approved community-based housing location may not be counted in
170 the capacity figures for the prison system.
171 (7) REVOCATION HEARING AND RECOMMITMENT.—
172 (a)1. If the medical releasee’s supervision officer
173 discovers that the medical or physical condition of the medical
174 releasee has improved to the extent that she or he would no
175 longer be eligible for release under this section, then the
176 conditional medical release may be revoked. The department may
177 order, as prescribed by department rule, that the medical
178 releasee be returned to the custody of the department for a
179 conditional medical release revocation hearing or may allow the
180 medical releasee to remain in the community pending the
181 revocation hearing.
182 2. The revocation hearing must be conducted by the panel
183 established in subsection (1). Before a revocation hearing
184 pursuant to this paragraph, the director of inmate health
185 services or his or her designee must review any medical evidence
186 pertaining to the releasee and provide the panel with a
187 recommendation regarding the medical releasee’s improvement and
188 current medical or physical condition.
189 3. A majority of the panel members must agree that
190 revocation is appropriate for the medical releasee’s conditional
191 medical release. If conditional medical release is revoked due
192 to improvement in his or her medical or physical condition, the
193 medical releasee must serve the balance of his or her sentence
194 with credit for the time served on conditional medical release
195 and without forfeiture of any gain-time accrued before
196 recommitment. If the inmate whose conditional medical release is
197 revoked due to an improvement in her or his medical or physical
198 condition would otherwise be eligible for parole or any other
199 release program, the inmate may be considered for such release
200 program pursuant to law.
201 4. A medical releasee whose release is revoked pursuant to
202 this paragraph may have the decision reviewed by the
203 department’s general counsel and chief medical officer, who must
204 make a recommendation to the secretary. The secretary must
205 review all relevant information and make a final decision about
206 the appropriateness of the revocation of conditional medical
207 release pursuant to this paragraph. The decision of the
208 secretary is a final administrative decision not subject to
209 appeal.
210 (b)1. Conditional medical release may also be revoked for
211 violation of any release conditions the department establishes,
212 including, but not limited to, a new violation of law.
213 2. If the basis of the violation of release conditions is
214 related to a new violation of law, the medical releasee must be
215 detained without bond until his or her initial appearance at
216 which a judicial determination of probable cause is made. If the
217 judge determines that there was no probable cause for the
218 arrest, the medical releasee may be released. If the judge
219 determines that there was probable cause for the arrest, the
220 judge’s determination also constitutes reasonable grounds to
221 believe that the offender violated the conditions of the
222 release.
223 3. The department must order that the medical releasee
224 subject to revocation under this paragraph be returned to
225 department custody for a conditional medical release revocation
226 hearing as prescribed by department rule.
227 4. A majority of the panel members must agree that
228 revocation is appropriate for the medical releasee’s conditional
229 medical release. If conditional medical release is revoked
230 pursuant to this paragraph, the medical releasee must serve the
231 balance of his or her sentence with credit for the actual time
232 served on conditional medical release. The releasee’s gain-time
233 accrued before recommitment may be forfeited pursuant to s.
234 944.28(1). If the inmate whose conditional medical release is
235 revoked subject to this paragraph would otherwise be eligible
236 for parole or any other release program, he or she may be
237 considered for such release program pursuant to law.
238 5. A medical releasee whose release has been revoked
239 pursuant to this paragraph may have the revocation reviewed by
240 the department’s general counsel, who must make a recommendation
241 to the secretary. The secretary must review all relevant
242 information and make a final decision about the appropriateness
243 of the revocation of conditional medical release pursuant to
244 this paragraph. The decision of the secretary is a final
245 administrative decision not subject to appeal.
246 (c) If the medical releasee subject to revocation under
247 paragraph (a) or paragraph (b) elects to proceed with a hearing,
248 the releasee must be informed orally and in writing of the
249 following:
250 1. The alleged violation with which the releasee is
251 charged.
252 2. The releasee’s right to be represented by counsel.
253 However, this subparagraph does not create a right to publicly
254 funded legal counsel.
255 3. The releasee’s right to be heard in person.
256 4. The releasee’s right to secure, present, and compel the
257 attendance of witnesses relevant to the proceeding.
258 5. The releasee’s right to produce documents on his or her
259 own behalf.
260 6. The releasee’s right of access to all evidence used
261 against the releasee and to confront and cross-examine adverse
262 witnesses.
263 7. The releasee’s right to waive the hearing.
264 (8) RULEMAKING AUTHORITY.—The department may adopt rules as
265 necessary to implement this section.
266 Section 2. Section 947.149, Florida Statutes, is repealed.
267 Section 3. Subsection (6) of section 316.1935, Florida
268 Statutes, is amended to read:
269 316.1935 Fleeing or attempting to elude a law enforcement
270 officer; aggravated fleeing or eluding.—
271 (6) Notwithstanding s. 948.01, no court may suspend, defer,
272 or withhold adjudication of guilt or imposition of sentence for
273 any violation of this section. A person convicted and sentenced
274 to a mandatory minimum term of incarceration under paragraph
275 (3)(b) or paragraph (4)(b) is not eligible for statutory gain
276 time under s. 944.275 or any form of discretionary early
277 release, other than pardon or executive clemency or conditional
278 medical release under s. 945.0911 s. 947.149, prior to serving
279 the mandatory minimum sentence.
280 Section 4. Paragraph (k) of subsection (4) of section
281 775.084, Florida Statutes, is amended to read:
282 775.084 Violent career criminals; habitual felony offenders
283 and habitual violent felony offenders; three-time violent felony
284 offenders; definitions; procedure; enhanced penalties or
285 mandatory minimum prison terms.—
286 (4)
287 (k)1. A defendant sentenced under this section as a
288 habitual felony offender, a habitual violent felony offender, or
289 a violent career criminal is eligible for gain-time granted by
290 the Department of Corrections as provided in s. 944.275(4)(b).
291 2. For an offense committed on or after October 1, 1995, a
292 defendant sentenced under this section as a violent career
293 criminal is not eligible for any form of discretionary early
294 release, other than pardon or executive clemency, or conditional
295 medical release granted pursuant to s. 945.0911 s. 947.149.
296 3. For an offense committed on or after July 1, 1999, a
297 defendant sentenced under this section as a three-time violent
298 felony offender shall be released only by expiration of sentence
299 and shall not be eligible for parole, control release, or any
300 form of early release.
301 Section 5. Paragraph (b) of subsection (2) and paragraph
302 (b) of subsection (3) of section 775.087, Florida Statutes, are
303 amended to read:
304 775.087 Possession or use of weapon; aggravated battery;
305 felony reclassification; minimum sentence.—
306 (2)
307 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
308 (a)3. does not prevent a court from imposing a longer sentence
309 of incarceration as authorized by law in addition to the minimum
310 mandatory sentence, or from imposing a sentence of death
311 pursuant to other applicable law. Subparagraph (a)1.,
312 subparagraph (a)2., or subparagraph (a)3. does not authorize a
313 court to impose a lesser sentence than otherwise required by
314 law.
315
316 Notwithstanding s. 948.01, adjudication of guilt or imposition
317 of sentence shall not be suspended, deferred, or withheld, and
318 the defendant is not eligible for statutory gain-time under s.
319 944.275 or any form of discretionary early release, other than
320 pardon or executive clemency, or conditional medical release
321 under s. 945.0911 s. 947.149, prior to serving the minimum
322 sentence.
323 (3)
324 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
325 (a)3. does not prevent a court from imposing a longer sentence
326 of incarceration as authorized by law in addition to the minimum
327 mandatory sentence, or from imposing a sentence of death
328 pursuant to other applicable law. Subparagraph (a)1.,
329 subparagraph (a)2., or subparagraph (a)3. does not authorize a
330 court to impose a lesser sentence than otherwise required by
331 law.
332
333 Notwithstanding s. 948.01, adjudication of guilt or imposition
334 of sentence shall not be suspended, deferred, or withheld, and
335 the defendant is not eligible for statutory gain-time under s.
336 944.275 or any form of discretionary early release, other than
337 pardon or executive clemency, or conditional medical release
338 under s. 945.0911 s. 947.149, prior to serving the minimum
339 sentence.
340 Section 6. Subsection (3) of section 784.07, Florida
341 Statutes, is amended to read:
342 784.07 Assault or battery of law enforcement officers,
343 firefighters, emergency medical care providers, public transit
344 employees or agents, or other specified officers;
345 reclassification of offenses; minimum sentences.—
346 (3) Any person who is convicted of a battery under
347 paragraph (2)(b) and, during the commission of the offense, such
348 person possessed:
349 (a) A “firearm” or “destructive device” as those terms are
350 defined in s. 790.001, shall be sentenced to a minimum term of
351 imprisonment of 3 years.
352 (b) A semiautomatic firearm and its high-capacity
353 detachable box magazine, as defined in s. 775.087(3), or a
354 machine gun as defined in s. 790.001, shall be sentenced to a
355 minimum term of imprisonment of 8 years.
356
357 Notwithstanding s. 948.01, adjudication of guilt or imposition
358 of sentence shall not be suspended, deferred, or withheld, and
359 the defendant is not eligible for statutory gain-time under s.
360 944.275 or any form of discretionary early release, other than
361 pardon or executive clemency, or conditional medical release
362 under s. 945.0911 s. 947.149, prior to serving the minimum
363 sentence.
364 Section 7. Subsection (1) of section 790.235, Florida
365 Statutes, is amended to read:
366 790.235 Possession of firearm or ammunition by violent
367 career criminal unlawful; penalty.—
368 (1) Any person who meets the violent career criminal
369 criteria under s. 775.084(1)(d), regardless of whether such
370 person is or has previously been sentenced as a violent career
371 criminal, who owns or has in his or her care, custody,
372 possession, or control any firearm, ammunition, or electric
373 weapon or device, or carries a concealed weapon, including a
374 tear gas gun or chemical weapon or device, commits a felony of
375 the first degree, punishable as provided in s. 775.082, s.
376 775.083, or s. 775.084. A person convicted of a violation of
377 this section shall be sentenced to a mandatory minimum of 15
378 years’ imprisonment; however, if the person would be sentenced
379 to a longer term of imprisonment under s. 775.084(4)(d), the
380 person must be sentenced under that provision. A person
381 convicted of a violation of this section is not eligible for any
382 form of discretionary early release, other than pardon,
383 executive clemency, or conditional medical release under s.
384 945.0911 s. 947.149.
385 Section 8. Subsection (7) of section 794.0115, Florida
386 Statutes, is amended to read:
387 794.0115 Dangerous sexual felony offender; mandatory
388 sentencing.—
389 (7) A defendant sentenced to a mandatory minimum term of
390 imprisonment under this section is not eligible for statutory
391 gain-time under s. 944.275 or any form of discretionary early
392 release, other than pardon or executive clemency, or conditional
393 medical release under s. 945.0911 s. 947.149, before serving the
394 minimum sentence.
395 Section 9. Paragraphs (b), (c), and (g) of subsection (1)
396 and subsection (3) of section 893.135, Florida Statutes, are
397 amended to read:
398 893.135 Trafficking; mandatory sentences; suspension or
399 reduction of sentences; conspiracy to engage in trafficking.—
400 (1) Except as authorized in this chapter or in chapter 499
401 and notwithstanding the provisions of s. 893.13:
402 (b)1. Any person who knowingly sells, purchases,
403 manufactures, delivers, or brings into this state, or who is
404 knowingly in actual or constructive possession of, 28 grams or
405 more of cocaine, as described in s. 893.03(2)(a)4., or of any
406 mixture containing cocaine, but less than 150 kilograms of
407 cocaine or any such mixture, commits a felony of the first
408 degree, which felony shall be known as “trafficking in cocaine,”
409 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
410 If the quantity involved:
411 a. Is 28 grams or more, but less than 200 grams, such
412 person shall be sentenced to a mandatory minimum term of
413 imprisonment of 3 years, and the defendant shall be ordered to
414 pay a fine of $50,000.
415 b. Is 200 grams or more, but less than 400 grams, such
416 person shall be sentenced to a mandatory minimum term of
417 imprisonment of 7 years, and the defendant shall be ordered to
418 pay a fine of $100,000.
419 c. Is 400 grams or more, but less than 150 kilograms, such
420 person shall be sentenced to a mandatory minimum term of
421 imprisonment of 15 calendar years and pay a fine of $250,000.
422 2. Any person who knowingly sells, purchases, manufactures,
423 delivers, or brings into this state, or who is knowingly in
424 actual or constructive possession of, 150 kilograms or more of
425 cocaine, as described in s. 893.03(2)(a)4., commits the first
426 degree felony of trafficking in cocaine. A person who has been
427 convicted of the first degree felony of trafficking in cocaine
428 under this subparagraph shall be punished by life imprisonment
429 and is ineligible for any form of discretionary early release
430 except pardon or executive clemency or conditional medical
431 release under s. 945.0911 s. 947.149. However, if the court
432 determines that, in addition to committing any act specified in
433 this paragraph:
434 a. The person intentionally killed an individual or
435 counseled, commanded, induced, procured, or caused the
436 intentional killing of an individual and such killing was the
437 result; or
438 b. The person’s conduct in committing that act led to a
439 natural, though not inevitable, lethal result,
440
441 such person commits the capital felony of trafficking in
442 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
443 person sentenced for a capital felony under this paragraph shall
444 also be sentenced to pay the maximum fine provided under
445 subparagraph 1.
446 3. Any person who knowingly brings into this state 300
447 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
448 and who knows that the probable result of such importation would
449 be the death of any person, commits capital importation of
450 cocaine, a capital felony punishable as provided in ss. 775.082
451 and 921.142. Any person sentenced for a capital felony under
452 this paragraph shall also be sentenced to pay the maximum fine
453 provided under subparagraph 1.
454 (c)1. A person who knowingly sells, purchases,
455 manufactures, delivers, or brings into this state, or who is
456 knowingly in actual or constructive possession of, 4 grams or
457 more of any morphine, opium, hydromorphone, or any salt,
458 derivative, isomer, or salt of an isomer thereof, including
459 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
460 (3)(c)4., or 4 grams or more of any mixture containing any such
461 substance, but less than 30 kilograms of such substance or
462 mixture, commits a felony of the first degree, which felony
463 shall be known as “trafficking in illegal drugs,” punishable as
464 provided in s. 775.082, s. 775.083, or s. 775.084. If the
465 quantity involved:
466 a. Is 4 grams or more, but less than 14 grams, such person
467 shall be sentenced to a mandatory minimum term of imprisonment
468 of 3 years and shall be ordered to pay a fine of $50,000.
469 b. Is 14 grams or more, but less than 28 grams, such person
470 shall be sentenced to a mandatory minimum term of imprisonment
471 of 15 years and shall be ordered to pay a fine of $100,000.
472 c. Is 28 grams or more, but less than 30 kilograms, such
473 person shall be sentenced to a mandatory minimum term of
474 imprisonment of 25 years and shall be ordered to pay a fine of
475 $500,000.
476 2. A person who knowingly sells, purchases, manufactures,
477 delivers, or brings into this state, or who is knowingly in
478 actual or constructive possession of, 28 grams or more of
479 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
480 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
481 grams or more of any mixture containing any such substance,
482 commits a felony of the first degree, which felony shall be
483 known as “trafficking in hydrocodone,” punishable as provided in
484 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
485 a. Is 28 grams or more, but less than 50 grams, such person
486 shall be sentenced to a mandatory minimum term of imprisonment
487 of 3 years and shall be ordered to pay a fine of $50,000.
488 b. Is 50 grams or more, but less than 100 grams, such
489 person shall be sentenced to a mandatory minimum term of
490 imprisonment of 7 years and shall be ordered to pay a fine of
491 $100,000.
492 c. Is 100 grams or more, but less than 300 grams, such
493 person shall be sentenced to a mandatory minimum term of
494 imprisonment of 15 years and shall be ordered to pay a fine of
495 $500,000.
496 d. Is 300 grams or more, but less than 30 kilograms, such
497 person shall be sentenced to a mandatory minimum term of
498 imprisonment of 25 years and shall be ordered to pay a fine of
499 $750,000.
500 3. A person who knowingly sells, purchases, manufactures,
501 delivers, or brings into this state, or who is knowingly in
502 actual or constructive possession of, 7 grams or more of
503 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
504 thereof, or 7 grams or more of any mixture containing any such
505 substance, commits a felony of the first degree, which felony
506 shall be known as “trafficking in oxycodone,” punishable as
507 provided in s. 775.082, s. 775.083, or s. 775.084. If the
508 quantity involved:
509 a. Is 7 grams or more, but less than 14 grams, such person
510 shall be sentenced to a mandatory minimum term of imprisonment
511 of 3 years and shall be ordered to pay a fine of $50,000.
512 b. Is 14 grams or more, but less than 25 grams, such person
513 shall be sentenced to a mandatory minimum term of imprisonment
514 of 7 years and shall be ordered to pay a fine of $100,000.
515 c. Is 25 grams or more, but less than 100 grams, such
516 person shall be sentenced to a mandatory minimum term of
517 imprisonment of 15 years and shall be ordered to pay a fine of
518 $500,000.
519 d. Is 100 grams or more, but less than 30 kilograms, such
520 person shall be sentenced to a mandatory minimum term of
521 imprisonment of 25 years and shall be ordered to pay a fine of
522 $750,000.
523 4.a. A person who knowingly sells, purchases, manufactures,
524 delivers, or brings into this state, or who is knowingly in
525 actual or constructive possession of, 4 grams or more of:
526 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
527 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
528 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
529 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
530 (V) A fentanyl derivative, as described in s.
531 893.03(1)(a)62.;
532 (VI) A controlled substance analog, as described in s.
533 893.0356, of any substance described in sub-sub-subparagraphs
534 (I)-(V); or
535 (VII) A mixture containing any substance described in sub
536 sub-subparagraphs (I)-(VI),
537
538 commits a felony of the first degree, which felony shall be
539 known as “trafficking in fentanyl,” punishable as provided in s.
540 775.082, s. 775.083, or s. 775.084.
541 b. If the quantity involved under sub-subparagraph a.:
542 (I) Is 4 grams or more, but less than 14 grams, such person
543 shall be sentenced to a mandatory minimum term of imprisonment
544 of 3 years, and shall be ordered to pay a fine of $50,000.
545 (II) Is 14 grams or more, but less than 28 grams, such
546 person shall be sentenced to a mandatory minimum term of
547 imprisonment of 15 years, and shall be ordered to pay a fine of
548 $100,000.
549 (III) Is 28 grams or more, such person shall be sentenced
550 to a mandatory minimum term of imprisonment of 25 years, and
551 shall be ordered to pay a fine of $500,000.
552 5. A person who knowingly sells, purchases, manufactures,
553 delivers, or brings into this state, or who is knowingly in
554 actual or constructive possession of, 30 kilograms or more of
555 any morphine, opium, oxycodone, hydrocodone, codeine,
556 hydromorphone, or any salt, derivative, isomer, or salt of an
557 isomer thereof, including heroin, as described in s.
558 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
559 more of any mixture containing any such substance, commits the
560 first degree felony of trafficking in illegal drugs. A person
561 who has been convicted of the first degree felony of trafficking
562 in illegal drugs under this subparagraph shall be punished by
563 life imprisonment and is ineligible for any form of
564 discretionary early release except pardon or executive clemency
565 or conditional medical release under s. 945.0911 s. 947.149.
566 However, if the court determines that, in addition to committing
567 any act specified in this paragraph:
568 a. The person intentionally killed an individual or
569 counseled, commanded, induced, procured, or caused the
570 intentional killing of an individual and such killing was the
571 result; or
572 b. The person’s conduct in committing that act led to a
573 natural, though not inevitable, lethal result,
574
575 such person commits the capital felony of trafficking in illegal
576 drugs, punishable as provided in ss. 775.082 and 921.142. A
577 person sentenced for a capital felony under this paragraph shall
578 also be sentenced to pay the maximum fine provided under
579 subparagraph 1.
580 6. A person who knowingly brings into this state 60
581 kilograms or more of any morphine, opium, oxycodone,
582 hydrocodone, codeine, hydromorphone, or any salt, derivative,
583 isomer, or salt of an isomer thereof, including heroin, as
584 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
585 60 kilograms or more of any mixture containing any such
586 substance, and who knows that the probable result of such
587 importation would be the death of a person, commits capital
588 importation of illegal drugs, a capital felony punishable as
589 provided in ss. 775.082 and 921.142. A person sentenced for a
590 capital felony under this paragraph shall also be sentenced to
591 pay the maximum fine provided under subparagraph 1.
592 (g)1. Any person who knowingly sells, purchases,
593 manufactures, delivers, or brings into this state, or who is
594 knowingly in actual or constructive possession of, 4 grams or
595 more of flunitrazepam or any mixture containing flunitrazepam as
596 described in s. 893.03(1)(a) commits a felony of the first
597 degree, which felony shall be known as “trafficking in
598 flunitrazepam,” punishable as provided in s. 775.082, s.
599 775.083, or s. 775.084. If the quantity involved:
600 a. Is 4 grams or more but less than 14 grams, such person
601 shall be sentenced to a mandatory minimum term of imprisonment
602 of 3 years, and the defendant shall be ordered to pay a fine of
603 $50,000.
604 b. Is 14 grams or more but less than 28 grams, such person
605 shall be sentenced to a mandatory minimum term of imprisonment
606 of 7 years, and the defendant shall be ordered to pay a fine of
607 $100,000.
608 c. Is 28 grams or more but less than 30 kilograms, such
609 person shall be sentenced to a mandatory minimum term of
610 imprisonment of 25 calendar years and pay a fine of $500,000.
611 2. Any person who knowingly sells, purchases, manufactures,
612 delivers, or brings into this state or who is knowingly in
613 actual or constructive possession of 30 kilograms or more of
614 flunitrazepam or any mixture containing flunitrazepam as
615 described in s. 893.03(1)(a) commits the first degree felony of
616 trafficking in flunitrazepam. A person who has been convicted of
617 the first degree felony of trafficking in flunitrazepam under
618 this subparagraph shall be punished by life imprisonment and is
619 ineligible for any form of discretionary early release except
620 pardon or executive clemency or conditional medical release
621 under s. 945.0911 s. 947.149. However, if the court determines
622 that, in addition to committing any act specified in this
623 paragraph:
624 a. The person intentionally killed an individual or
625 counseled, commanded, induced, procured, or caused the
626 intentional killing of an individual and such killing was the
627 result; or
628 b. The person’s conduct in committing that act led to a
629 natural, though not inevitable, lethal result,
630
631 such person commits the capital felony of trafficking in
632 flunitrazepam, punishable as provided in ss. 775.082 and
633 921.142. Any person sentenced for a capital felony under this
634 paragraph shall also be sentenced to pay the maximum fine
635 provided under subparagraph 1.
636 (3) Notwithstanding the provisions of s. 948.01, with
637 respect to any person who is found to have violated this
638 section, adjudication of guilt or imposition of sentence shall
639 not be suspended, deferred, or withheld, nor shall such person
640 be eligible for parole prior to serving the mandatory minimum
641 term of imprisonment prescribed by this section. A person
642 sentenced to a mandatory minimum term of imprisonment under this
643 section is not eligible for any form of discretionary early
644 release, except pardon or executive clemency or conditional
645 medical release under s. 945.0911 s. 947.149, prior to serving
646 the mandatory minimum term of imprisonment.
647 Section 10. Subsection (2) of section 921.0024, Florida
648 Statutes, is amended to read:
649 921.0024 Criminal Punishment Code; worksheet computations;
650 scoresheets.—
651 (2) The lowest permissible sentence is the minimum sentence
652 that may be imposed by the trial court, absent a valid reason
653 for departure. The lowest permissible sentence is any nonstate
654 prison sanction in which the total sentence points equals or is
655 less than 44 points, unless the court determines within its
656 discretion that a prison sentence, which may be up to the
657 statutory maximums for the offenses committed, is appropriate.
658 When the total sentence points exceeds 44 points, the lowest
659 permissible sentence in prison months shall be calculated by
660 subtracting 28 points from the total sentence points and
661 decreasing the remaining total by 25 percent. The total sentence
662 points shall be calculated only as a means of determining the
663 lowest permissible sentence. The permissible range for
664 sentencing shall be the lowest permissible sentence up to and
665 including the statutory maximum, as defined in s. 775.082, for
666 the primary offense and any additional offenses before the court
667 for sentencing. The sentencing court may impose such sentences
668 concurrently or consecutively. However, any sentence to state
669 prison must exceed 1 year. If the lowest permissible sentence
670 under the code exceeds the statutory maximum sentence as
671 provided in s. 775.082, the sentence required by the code must
672 be imposed. If the total sentence points are greater than or
673 equal to 363, the court may sentence the offender to life
674 imprisonment. An offender sentenced to life imprisonment under
675 this section is not eligible for any form of discretionary early
676 release, except executive clemency or conditional medical
677 release under s. 945.0911 s. 947.149.
678 Section 11. Paragraph (b) of subsection (7) of section
679 944.605, Florida Statutes, is amended to read:
680 944.605 Inmate release; notification; identification card.—
681 (7)
682 (b) Paragraph (a) does not apply to inmates who:
683 1. The department determines have a valid driver license or
684 state identification card, except that the department shall
685 provide these inmates with a replacement state identification
686 card or replacement driver license, if necessary.
687 2. Have an active detainer, unless the department
688 determines that cancellation of the detainer is likely or that
689 the incarceration for which the detainer was issued will be less
690 than 12 months in duration.
691 3. Are released due to an emergency release or a
692 conditional medical release under s. 945.0911 s. 947.149.
693 4. Are not in the physical custody of the department at or
694 within 180 days before release.
695 5. Are subject to sex offender residency restrictions, and
696 who, upon release under such restrictions, do not have a
697 qualifying address.
698 Section 12. Subsection (1) of section 944.70, Florida
699 Statutes, is amended to read:
700 944.70 Conditions for release from incarceration.—
701 (1)(a) A person who is convicted of a crime committed on or
702 after October 1, 1983, but before January 1, 1994, may be
703 released from incarceration only:
704 1. Upon expiration of the person’s sentence;
705 2. Upon expiration of the person’s sentence as reduced by
706 accumulated gain-time;
707 3. As directed by an executive order granting clemency;
708 4. Upon attaining the provisional release date;
709 5. Upon placement in a conditional release program pursuant
710 to s. 947.1405; or
711 6. Upon the granting of control release pursuant to s.
712 947.146.
713 (b) A person who is convicted of a crime committed on or
714 after January 1, 1994, may be released from incarceration only:
715 1. Upon expiration of the person’s sentence;
716 2. Upon expiration of the person’s sentence as reduced by
717 accumulated meritorious or incentive gain-time;
718 3. As directed by an executive order granting clemency;
719 4. Upon placement in a conditional release program pursuant
720 to s. 947.1405 or a conditional medical release program pursuant
721 to s. 945.0911 s. 947.149; or
722 5. Upon the granting of control release, including
723 emergency control release, pursuant to s. 947.146.
724 Section 13. Paragraph (h) of subsection (1) of section
725 947.13, Florida Statutes, is amended to read:
726 947.13 Powers and duties of commission.—
727 (1) The commission shall have the powers and perform the
728 duties of:
729 (h) Determining what persons will be released on
730 conditional medical release under s. 947.149, establishing the
731 conditions of conditional medical release, and determining
732 whether a person has violated the conditions of conditional
733 medical release and taking action with respect to such a
734 violation.
735 Section 14. Section 947.141, Florida Statutes, is amended
736 to read:
737 947.141 Violations of conditional release, control release,
738 or conditional medical release or addiction-recovery
739 supervision.—
740 (1) If a member of the commission or a duly authorized
741 representative of the commission has reasonable grounds to
742 believe that an offender who is on release supervision under s.
743 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
744 the terms and conditions of the release in a material respect,
745 such member or representative may cause a warrant to be issued
746 for the arrest of the releasee; if the offender was found to be
747 a sexual predator, the warrant must be issued.
748 (2) Upon the arrest on a felony charge of an offender who
749 is on release supervision under s. 947.1405, s. 947.146, s.
750 947.149, or s. 944.4731, the offender must be detained without
751 bond until the initial appearance of the offender at which a
752 judicial determination of probable cause is made. If the trial
753 court judge determines that there was no probable cause for the
754 arrest, the offender may be released. If the trial court judge
755 determines that there was probable cause for the arrest, such
756 determination also constitutes reasonable grounds to believe
757 that the offender violated the conditions of the release. Within
758 24 hours after the trial court judge’s finding of probable
759 cause, the detention facility administrator or designee shall
760 notify the commission and the department of the finding and
761 transmit to each a facsimile copy of the probable cause
762 affidavit or the sworn offense report upon which the trial court
763 judge’s probable cause determination is based. The offender must
764 continue to be detained without bond for a period not exceeding
765 72 hours excluding weekends and holidays after the date of the
766 probable cause determination, pending a decision by the
767 commission whether to issue a warrant charging the offender with
768 violation of the conditions of release. Upon the issuance of the
769 commission’s warrant, the offender must continue to be held in
770 custody pending a revocation hearing held in accordance with
771 this section.
772 (3) Within 45 days after notice to the Florida Commission
773 on Offender Review of the arrest of a releasee charged with a
774 violation of the terms and conditions of conditional release,
775 control release, conditional medical release, or addiction
776 recovery supervision, the releasee must be afforded a hearing
777 conducted by a commissioner or a duly authorized representative
778 thereof. If the releasee elects to proceed with a hearing, the
779 releasee must be informed orally and in writing of the
780 following:
781 (a) The alleged violation with which the releasee is
782 charged.
783 (b) The releasee’s right to be represented by counsel.
784 (c) The releasee’s right to be heard in person.
785 (d) The releasee’s right to secure, present, and compel the
786 attendance of witnesses relevant to the proceeding.
787 (e) The releasee’s right to produce documents on the
788 releasee’s own behalf.
789 (f) The releasee’s right of access to all evidence used
790 against the releasee and to confront and cross-examine adverse
791 witnesses.
792 (g) The releasee’s right to waive the hearing.
793 (4) Within a reasonable time following the hearing, the
794 commissioner or the commissioner’s duly authorized
795 representative who conducted the hearing shall make findings of
796 fact in regard to the alleged violation. A panel of no fewer
797 than two commissioners shall enter an order determining whether
798 the charge of violation of conditional release, control release,
799 conditional medical release, or addiction-recovery supervision
800 has been sustained based upon the findings of fact presented by
801 the hearing commissioner or authorized representative. By such
802 order, the panel may revoke conditional release, control
803 release, conditional medical release, or addiction-recovery
804 supervision and thereby return the releasee to prison to serve
805 the sentence imposed, reinstate the original order granting the
806 release, or enter such other order as it considers proper.
807 Effective for inmates whose offenses were committed on or after
808 July 1, 1995, the panel may order the placement of a releasee,
809 upon a finding of violation pursuant to this subsection, into a
810 local detention facility as a condition of supervision.
811 (5) Effective for inmates whose offenses were committed on
812 or after July 1, 1995, notwithstanding the provisions of ss.
813 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
814 951.23, or any other law to the contrary, by such order as
815 provided in subsection (4), the panel, upon a finding of guilt,
816 may, as a condition of continued supervision, place the releasee
817 in a local detention facility for a period of incarceration not
818 to exceed 22 months. Prior to the expiration of the term of
819 incarceration, or upon recommendation of the chief correctional
820 officer of that county, the commission shall cause inquiry into
821 the inmate’s release plan and custody status in the detention
822 facility and consider whether to restore the inmate to
823 supervision, modify the conditions of supervision, or enter an
824 order of revocation, thereby causing the return of the inmate to
825 prison to serve the sentence imposed. The provisions of this
826 section do not prohibit the panel from entering such other order
827 or conducting any investigation that it deems proper. The
828 commission may only place a person in a local detention facility
829 pursuant to this section if there is a contractual agreement
830 between the chief correctional officer of that county and the
831 Department of Corrections. The agreement must provide for a per
832 diem reimbursement for each person placed under this section,
833 which is payable by the Department of Corrections for the
834 duration of the offender’s placement in the facility. This
835 section does not limit the commission’s ability to place a
836 person in a local detention facility for less than 1 year.
837 (6) Whenever a conditional release, control release,
838 conditional medical release, or addiction-recovery supervision
839 is revoked by a panel of no fewer than two commissioners and the
840 releasee is ordered to be returned to prison, the releasee, by
841 reason of the misconduct, shall be deemed to have forfeited all
842 gain-time or commutation of time for good conduct, as provided
843 for by law, earned up to the date of release. However, if a
844 conditional medical release is revoked due to the improved
845 medical or physical condition of the releasee, the releasee
846 shall not forfeit gain-time accrued before the date of
847 conditional medical release. This subsection does not deprive
848 the prisoner of the right to gain-time or commutation of time
849 for good conduct, as provided by law, from the date of return to
850 prison.
851 (7) If a law enforcement officer has probable cause to
852 believe that an offender who is on release supervision under s.
853 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
854 the terms and conditions of his or her release by committing a
855 felony offense, the officer shall arrest the offender without a
856 warrant, and a warrant need not be issued in the case.
857 Section 15. This act shall take effect October 1, 2020.