Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 574
       
       
       
       
       
       
                                Ì488440%Î488440                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/10/2019           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 945.0912, Florida Statutes, is created
    6  to read:
    7         945.0912 Conditional aging inmate release.—
    8         (1) CREATION.—There is established a conditional aging
    9  inmate release program within the department for the purpose of
   10  determining eligible inmates who are appropriate for such
   11  release, supervising the released inmates, and conducting
   12  revocation hearings as provided for in this section. The program
   13  must include a panel of at least three people appointed by the
   14  secretary or his or her designee for the purpose of determining
   15  the appropriateness of conditional aging inmate release and
   16  conducting revocation hearings on the inmate releases.
   17         (2) ELIGIBILITY.—
   18         (a) An inmate is eligible for consideration for release
   19  under the conditional aging inmate release program when the
   20  inmate has reached 70 years of age and has served at least 10
   21  years on his or her term of imprisonment.
   22         (b) An inmate may not be considered for release through the
   23  program if he or she has ever been found guilty of, regardless
   24  of adjudication, or entered a plea of nolo contendere or guilty
   25  to, or has been adjudicated delinquent for committing:
   26         1. A violation of any of the following sections which
   27  results in the actual killing of a human being:
   28         a. Section 775.33(4).
   29         b. Section 782.04(1) or (2).
   30         c. Section 782.09.
   31         2. Any felony offense that serves as a predicate to
   32  registration as a sexual offender in accordance with s.
   33  943.0435; or
   34         3. Any similar offense committed in another jurisdiction
   35  which would be an offense listed in this paragraph if it had
   36  been committed in violation of the laws of this state.
   37         (3) REFERRAL FOR CONSIDERATION.—
   38         (a)1. Notwithstanding any provision to the contrary, an
   39  inmate in the custody of the department who is eligible for
   40  consideration pursuant to subsection (2) must be considered for
   41  the conditional aging inmate release program.
   42         2. The authority to grant conditional aging inmate release
   43  rests solely with the department. An inmate does not have a
   44  right to such release.
   45         (b) The department must identify inmates who may be
   46  eligible for the conditional aging inmate release program. In
   47  considering an inmate for conditional aging inmate release, the
   48  department may require the production of additional evidence or
   49  any other additional investigations that the department deems
   50  are necessary for determining the appropriateness of the
   51  eligible inmate’s release.
   52         (c) The department must refer an inmate to the panel
   53  established under subsection (1) for review and determination of
   54  conditional aging inmate release upon his or her identification
   55  as potentially eligible for release pursuant to this section.
   56         (d) If the case that resulted in the inmate’s commitment to
   57  the department involved a victim, and the victim specifically
   58  requested notification pursuant to s. 16, Art. I of the State
   59  Constitution, the department must notify the victim of the
   60  inmate’s referral to the panel immediately upon identification
   61  of the inmate as potentially eligible for release under this
   62  section. Additionally, the victim must be afforded the right to
   63  be heard regarding the release of the inmate.
   64         (4) DETERMINATION OF RELEASE.—
   65         (a) Within 45 days after receiving the referral, the panel
   66  established in subsection (1) must conduct a hearing to
   67  determine whether the inmate is appropriate for conditional
   68  aging inmate release.
   69         (b) A majority of the panel members must agree that the
   70  inmate is appropriate for release pursuant to this section. If
   71  conditional aging inmate release is approved, the inmate must be
   72  released by the department to the community within a reasonable
   73  amount of time with necessary release conditions imposed
   74  pursuant to subsection (5). An inmate who is granted conditional
   75  aging inmate release is considered an aging releasee upon
   76  release to the community.
   77         (c) An inmate who is denied conditional aging inmate
   78  release by the panel may have the decision reviewed by the
   79  department’s general counsel, who must make a recommendation to
   80  the secretary. The secretary must review all relevant
   81  information and make a final decision about the appropriateness
   82  of conditional aging inmate release pursuant to this section.
   83  The decision of the secretary is a final administrative decision
   84  not subject to appeal. An inmate who is denied conditional aging
   85  inmate release may be subsequently reconsidered for such release
   86  in a manner prescribed by rule.
   87         (5) RELEASE CONDITIONS.—
   88         (a) An inmate granted release pursuant to this section is
   89  released for a period equal to the length of time remaining on
   90  his or her term of imprisonment on the date the release is
   91  granted. Such inmate is considered an aging releasee upon
   92  release from the department into the community. The aging
   93  releasee must comply with all reasonable conditions of release
   94  the department imposes, which must include, at a minimum:
   95         1. Supervision by an officer trained to handle special
   96  offender caseloads.
   97         2. Active electronic monitoring, if such monitoring is
   98  determined to be necessary to ensure the safety of the public
   99  and the aging releasee’s compliance with release conditions.
  100         3. Any conditions of community control provided for in s.
  101  948.101.
  102         4. Any other conditions the department deems appropriate to
  103  ensure the safety of the community and compliance by the aging
  104  releasee.
  105         (b) An aging releasee is considered to be in the care,
  106  custody, supervision, and control of the department and remains
  107  eligible to earn or lose gain-time in accordance with s. 944.275
  108  and department rule. The aging releasee may not be counted in
  109  the prison system population, and the aging releasee’s approved
  110  community-based housing location may not be counted in the
  111  capacity figures for the prison system.
  112         (6) REVOCATION HEARING AND RECOMMITMENT.—
  113         (a)1.An aging releasee's conditional aging inmate release
  114  may be revoked for a violation of any condition of the release
  115  established by the department, including, but not limited to, a
  116  new violation of law.
  117         2. If the basis of the violation of release conditions is
  118  related to a new violation of law, the aging releasee must be
  119  detained without bond until his or her initial appearance, at
  120  which a judicial determination of probable cause is made. If the
  121  judge determines that there was no probable cause for the
  122  arrest, the aging releasee may be released. If the judge
  123  determines that there was probable cause for the arrest, the
  124  judge’s determination also constitutes reasonable grounds to
  125  believe that the aging releasee violated the conditions of the
  126  release.
  127         3. The department must order that the aging releasee
  128  subject to revocation under this paragraph be returned to
  129  department custody for a conditional aging inmate release
  130  revocation hearing as prescribed by rule.
  131         4. A majority of the panel members must agree that
  132  revocation is appropriate for the aging releasee’s conditional
  133  aging inmate release to be revoked. If conditional aging inmate
  134  release is revoked pursuant to this paragraph, the aging
  135  releasee must serve the balance of his or her sentence with
  136  credit for the actual time served on conditional aging inmate
  137  release. The aging releasee’s gain-time accrued before
  138  recommitment may be forfeited pursuant to s. 944.28(1). If the
  139  aging releasee whose conditional aging inmate release is revoked
  140  subject to this paragraph would otherwise be eligible for parole
  141  or any other release program, he or she may be considered for
  142  such release program pursuant to law.
  143         5. An aging releasee whose release has been revoked
  144  pursuant to this paragraph may have the revocation reviewed by
  145  the department’s general counsel, who must make a recommendation
  146  to the secretary. The secretary must review all relevant
  147  information and make a final decision about the appropriateness
  148  of the revocation of conditional aging inmate release pursuant
  149  to this paragraph. The decision of the secretary is a final
  150  administrative decision not subject to appeal.
  151         (b) If the aging releasee subject to revocation under
  152  paragraph (a) elects to proceed with a hearing, the aging
  153  releasee must be informed orally and in writing of the
  154  following:
  155         1. The alleged violation with which the releasee is
  156  charged.
  157         2. The releasee’s right to be represented by counsel.
  158  However, this subparagraph does not create a right to publicly
  159  funded legal counsel.
  160         3. The releasee’s right to be heard in person.
  161         4. The releasee’s right to secure, present, and compel the
  162  attendance of witnesses relevant to the proceeding.
  163         5. The releasee’s right to produce documents on his or her
  164  own behalf.
  165         6. The releasee’s right of access to all evidence used
  166  against the releasee and to confront and cross-examine adverse
  167  witnesses.
  168         7. The releasee’s right to waive the hearing.
  169         (7) RULEMAKING AUTHORITY.—The department may adopt rules as
  170  necessary to implement this section.
  171         Section 2. Subsection (6) of section 316.1935, Florida
  172  Statutes, is amended to read:
  173         316.1935 Fleeing or attempting to elude a law enforcement
  174  officer; aggravated fleeing or eluding.—
  175         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  176  or withhold adjudication of guilt or imposition of sentence for
  177  any violation of this section. A person convicted and sentenced
  178  to a mandatory minimum term of incarceration under paragraph
  179  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  180  time under s. 944.275 or any form of discretionary early
  181  release, other than pardon or executive clemency, or conditional
  182  medical release under s. 947.149, or conditional aging inmate
  183  release under s. 945.0912, prior to serving the mandatory
  184  minimum sentence.
  185         Section 3. Paragraph (k) of subsection (4) of section
  186  775.084, Florida Statutes, is amended to read:
  187         775.084 Violent career criminals; habitual felony offenders
  188  and habitual violent felony offenders; three-time violent felony
  189  offenders; definitions; procedure; enhanced penalties or
  190  mandatory minimum prison terms.—
  191         (4)
  192         (k)1. A defendant sentenced under this section as a
  193  habitual felony offender, a habitual violent felony offender, or
  194  a violent career criminal is eligible for gain-time granted by
  195  the Department of Corrections as provided in s. 944.275(4)(b).
  196         2. For an offense committed on or after October 1, 1995, a
  197  defendant sentenced under this section as a violent career
  198  criminal is not eligible for any form of discretionary early
  199  release, other than pardon or executive clemency, or conditional
  200  medical release under granted pursuant to s. 947.149, or
  201  conditional aging inmate release under s. 945.0912.
  202         3. For an offense committed on or after July 1, 1999, a
  203  defendant sentenced under this section as a three-time violent
  204  felony offender shall be released only by expiration of sentence
  205  and shall not be eligible for parole, control release, or any
  206  form of early release.
  207         Section 4. Paragraph (b) of subsection (2) and paragraph
  208  (b) of subsection (3) of section 775.087, Florida Statutes, is
  209  amended to read:
  210         775.087 Possession or use of weapon; aggravated battery;
  211  felony reclassification; minimum sentence.—
  212         (2)
  213         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  214  (a)3. does not prevent a court from imposing a longer sentence
  215  of incarceration as authorized by law in addition to the minimum
  216  mandatory sentence, or from imposing a sentence of death
  217  pursuant to other applicable law. Subparagraph (a)1.,
  218  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  219  court to impose a lesser sentence than otherwise required by
  220  law.
  221  
  222  Notwithstanding s. 948.01, adjudication of guilt or imposition
  223  of sentence shall not be suspended, deferred, or withheld, and
  224  the defendant is not eligible for statutory gain-time under s.
  225  944.275 or any form of discretionary early release, other than
  226  pardon or executive clemency, or conditional medical release
  227  under s. 947.149, or conditional aging inmate release under s.
  228  945.0912, prior to serving the minimum sentence.
  229         (3)
  230         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  231  (a)3. does not prevent a court from imposing a longer sentence
  232  of incarceration as authorized by law in addition to the minimum
  233  mandatory sentence, or from imposing a sentence of death
  234  pursuant to other applicable law. Subparagraph (a)1.,
  235  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  236  court to impose a lesser sentence than otherwise required by
  237  law.
  238  
  239  Notwithstanding s. 948.01, adjudication of guilt or imposition
  240  of sentence shall not be suspended, deferred, or withheld, and
  241  the defendant is not eligible for statutory gain-time under s.
  242  944.275 or any form of discretionary early release, other than
  243  pardon or executive clemency, or conditional medical release
  244  under s. 947.149, or conditional aging inmate release under s.
  245  945.0912, prior to serving the minimum sentence.
  246         Section 5. Subsection (3) of section 784.07, Florida
  247  Statutes, is amended to read:
  248         784.07 Assault or battery of law enforcement officers,
  249  firefighters, emergency medical care providers, public transit
  250  employees or agents, or other specified officers;
  251  reclassification of offenses; minimum sentences.—
  252         (3) Any person who is convicted of a battery under
  253  paragraph (2)(b) and, during the commission of the offense, such
  254  person possessed:
  255         (a) A “firearm” or “destructive device” as those terms are
  256  defined in s. 790.001, shall be sentenced to a minimum term of
  257  imprisonment of 3 years.
  258         (b) A semiautomatic firearm and its high-capacity
  259  detachable box magazine, as defined in s. 775.087(3), or a
  260  machine gun as defined in s. 790.001, shall be sentenced to a
  261  minimum term of imprisonment of 8 years.
  262  
  263  Notwithstanding s. 948.01, adjudication of guilt or imposition
  264  of sentence shall not be suspended, deferred, or withheld, and
  265  the defendant is not eligible for statutory gain-time under s.
  266  944.275 or any form of discretionary early release, other than
  267  pardon or executive clemency, or conditional medical release
  268  under s. 947.149, or conditional aging inmate release under s.
  269  945.0912, prior to serving the minimum sentence.
  270         Section 6. Subsection (1) of section 790.235, Florida
  271  Statutes, is amended to read:
  272         790.235 Possession of firearm or ammunition by violent
  273  career criminal unlawful; penalty.—
  274         (1) Any person who meets the violent career criminal
  275  criteria under s. 775.084(1)(d), regardless of whether such
  276  person is or has previously been sentenced as a violent career
  277  criminal, who owns or has in his or her care, custody,
  278  possession, or control any firearm, ammunition, or electric
  279  weapon or device, or carries a concealed weapon, including a
  280  tear gas gun or chemical weapon or device, commits a felony of
  281  the first degree, punishable as provided in s. 775.082, s.
  282  775.083, or s. 775.084. A person convicted of a violation of
  283  this section shall be sentenced to a mandatory minimum of 15
  284  years’ imprisonment; however, if the person would be sentenced
  285  to a longer term of imprisonment under s. 775.084(4)(d), the
  286  person must be sentenced under that provision. A person
  287  convicted of a violation of this section is not eligible for any
  288  form of discretionary early release, other than pardon,
  289  executive clemency, or conditional medical release under s.
  290  947.149, or conditional aging inmate release under s. 945.0912.
  291         Section 7. Subsection (7) of section 794.0115, Florida
  292  Statutes, is amended to read:
  293         794.0115 Dangerous sexual felony offender; mandatory
  294  sentencing.—
  295         (7) A defendant sentenced to a mandatory minimum term of
  296  imprisonment under this section is not eligible for statutory
  297  gain-time under s. 944.275 or any form of discretionary early
  298  release, other than pardon or executive clemency, or conditional
  299  medical release under s. 947.149, or conditional aging inmate
  300  release under s. 945.0912, before serving the minimum sentence.
  301         Section 8. Paragraphs (b), (c), and (g) of subsection (1)
  302  and subsection (3) of section 893.135, Florida Statutes, are
  303  amended to read:
  304         893.135 Trafficking; mandatory sentences; suspension or
  305  reduction of sentences; conspiracy to engage in trafficking.—
  306         (1) Except as authorized in this chapter or in chapter 499
  307  and notwithstanding the provisions of s. 893.13:
  308         (b)1. Any person who knowingly sells, purchases,
  309  manufactures, delivers, or brings into this state, or who is
  310  knowingly in actual or constructive possession of, 28 grams or
  311  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  312  mixture containing cocaine, but less than 150 kilograms of
  313  cocaine or any such mixture, commits a felony of the first
  314  degree, which felony shall be known as “trafficking in cocaine,”
  315  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  316  If the quantity involved:
  317         a. Is 28 grams or more, but less than 200 grams, such
  318  person shall be sentenced to a mandatory minimum term of
  319  imprisonment of 3 years, and the defendant shall be ordered to
  320  pay a fine of $50,000.
  321         b. Is 200 grams or more, but less than 400 grams, such
  322  person shall be sentenced to a mandatory minimum term of
  323  imprisonment of 7 years, and the defendant shall be ordered to
  324  pay a fine of $100,000.
  325         c. Is 400 grams or more, but less than 150 kilograms, such
  326  person shall be sentenced to a mandatory minimum term of
  327  imprisonment of 15 calendar years and pay a fine of $250,000.
  328         2. Any person who knowingly sells, purchases, manufactures,
  329  delivers, or brings into this state, or who is knowingly in
  330  actual or constructive possession of, 150 kilograms or more of
  331  cocaine, as described in s. 893.03(2)(a)4., commits the first
  332  degree felony of trafficking in cocaine. A person who has been
  333  convicted of the first degree felony of trafficking in cocaine
  334  under this subparagraph shall be punished by life imprisonment
  335  and is ineligible for any form of discretionary early release
  336  except pardon or executive clemency, or conditional medical
  337  release under s. 947.149, or conditional aging inmate release
  338  under s. 945.0912. However, if the court determines that, in
  339  addition to committing any act specified in this paragraph:
  340         a. The person intentionally killed an individual or
  341  counseled, commanded, induced, procured, or caused the
  342  intentional killing of an individual and such killing was the
  343  result; or
  344         b. The person’s conduct in committing that act led to a
  345  natural, though not inevitable, lethal result,
  346  
  347  such person commits the capital felony of trafficking in
  348  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  349  person sentenced for a capital felony under this paragraph shall
  350  also be sentenced to pay the maximum fine provided under
  351  subparagraph 1.
  352         3. Any person who knowingly brings into this state 300
  353  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  354  and who knows that the probable result of such importation would
  355  be the death of any person, commits capital importation of
  356  cocaine, a capital felony punishable as provided in ss. 775.082
  357  and 921.142. Any person sentenced for a capital felony under
  358  this paragraph shall also be sentenced to pay the maximum fine
  359  provided under subparagraph 1.
  360         (c)1. A person who knowingly sells, purchases,
  361  manufactures, delivers, or brings into this state, or who is
  362  knowingly in actual or constructive possession of, 4 grams or
  363  more of any morphine, opium, hydromorphone, or any salt,
  364  derivative, isomer, or salt of an isomer thereof, including
  365  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  366  (3)(c)4., or 4 grams or more of any mixture containing any such
  367  substance, but less than 30 kilograms of such substance or
  368  mixture, commits a felony of the first degree, which felony
  369  shall be known as “trafficking in illegal drugs,” punishable as
  370  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  371  quantity involved:
  372         a. Is 4 grams or more, but less than 14 grams, such person
  373  shall be sentenced to a mandatory minimum term of imprisonment
  374  of 3 years and shall be ordered to pay a fine of $50,000.
  375         b. Is 14 grams or more, but less than 28 grams, such person
  376  shall be sentenced to a mandatory minimum term of imprisonment
  377  of 15 years and shall be ordered to pay a fine of $100,000.
  378         c. Is 28 grams or more, but less than 30 kilograms, such
  379  person shall be sentenced to a mandatory minimum term of
  380  imprisonment of 25 years and shall be ordered to pay a fine of
  381  $500,000.
  382         2. A person who knowingly sells, purchases, manufactures,
  383  delivers, or brings into this state, or who is knowingly in
  384  actual or constructive possession of, 28 grams or more of
  385  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  386  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  387  grams or more of any mixture containing any such substance,
  388  commits a felony of the first degree, which felony shall be
  389  known as “trafficking in hydrocodone,” punishable as provided in
  390  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  391         a. Is 28 grams or more, but less than 50 grams, such person
  392  shall be sentenced to a mandatory minimum term of imprisonment
  393  of 3 years and shall be ordered to pay a fine of $50,000.
  394         b. Is 50 grams or more, but less than 100 grams, such
  395  person shall be sentenced to a mandatory minimum term of
  396  imprisonment of 7 years and shall be ordered to pay a fine of
  397  $100,000.
  398         c. Is 100 grams or more, but less than 300 grams, such
  399  person shall be sentenced to a mandatory minimum term of
  400  imprisonment of 15 years and shall be ordered to pay a fine of
  401  $500,000.
  402         d. Is 300 grams or more, but less than 30 kilograms, such
  403  person shall be sentenced to a mandatory minimum term of
  404  imprisonment of 25 years and shall be ordered to pay a fine of
  405  $750,000.
  406         3. A person who knowingly sells, purchases, manufactures,
  407  delivers, or brings into this state, or who is knowingly in
  408  actual or constructive possession of, 7 grams or more of
  409  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  410  thereof, or 7 grams or more of any mixture containing any such
  411  substance, commits a felony of the first degree, which felony
  412  shall be known as “trafficking in oxycodone,” punishable as
  413  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  414  quantity involved:
  415         a. Is 7 grams or more, but less than 14 grams, such person
  416  shall be sentenced to a mandatory minimum term of imprisonment
  417  of 3 years and shall be ordered to pay a fine of $50,000.
  418         b. Is 14 grams or more, but less than 25 grams, such person
  419  shall be sentenced to a mandatory minimum term of imprisonment
  420  of 7 years and shall be ordered to pay a fine of $100,000.
  421         c. Is 25 grams or more, but less than 100 grams, such
  422  person shall be sentenced to a mandatory minimum term of
  423  imprisonment of 15 years and shall be ordered to pay a fine of
  424  $500,000.
  425         d. Is 100 grams or more, but less than 30 kilograms, such
  426  person shall be sentenced to a mandatory minimum term of
  427  imprisonment of 25 years and shall be ordered to pay a fine of
  428  $750,000.
  429         4.a. A person who knowingly sells, purchases, manufactures,
  430  delivers, or brings into this state, or who is knowingly in
  431  actual or constructive possession of, 4 grams or more of:
  432         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  433         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  434         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  435         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  436         (V) A fentanyl derivative, as described in s.
  437  893.03(1)(a)62.;
  438         (VI) A controlled substance analog, as described in s.
  439  893.0356, of any substance described in sub-sub-subparagraphs
  440  (I)-(V); or
  441         (VII) A mixture containing any substance described in sub
  442  sub-subparagraphs (I)-(VI),
  443  
  444  commits a felony of the first degree, which felony shall be
  445  known as “trafficking in fentanyl,” punishable as provided in s.
  446  775.082, s. 775.083, or s. 775.084.
  447         b. If the quantity involved under sub-subparagraph a.:
  448         (I) Is 4 grams or more, but less than 14 grams, such person
  449  shall be sentenced to a mandatory minimum term of imprisonment
  450  of 3 years, and shall be ordered to pay a fine of $50,000.
  451         (II) Is 14 grams or more, but less than 28 grams, such
  452  person shall be sentenced to a mandatory minimum term of
  453  imprisonment of 15 years, and shall be ordered to pay a fine of
  454  $100,000.
  455         (III) Is 28 grams or more, such person shall be sentenced
  456  to a mandatory minimum term of imprisonment of 25 years, and
  457  shall be ordered to pay a fine of $500,000.
  458         5. A person who knowingly sells, purchases, manufactures,
  459  delivers, or brings into this state, or who is knowingly in
  460  actual or constructive possession of, 30 kilograms or more of
  461  any morphine, opium, oxycodone, hydrocodone, codeine,
  462  hydromorphone, or any salt, derivative, isomer, or salt of an
  463  isomer thereof, including heroin, as described in s.
  464  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  465  more of any mixture containing any such substance, commits the
  466  first degree felony of trafficking in illegal drugs. A person
  467  who has been convicted of the first degree felony of trafficking
  468  in illegal drugs under this subparagraph shall be punished by
  469  life imprisonment and is ineligible for any form of
  470  discretionary early release except pardon or executive clemency,
  471  or conditional medical release under s. 947.149, or conditional
  472  aging inmate release under s. 945.0912. However, if the court
  473  determines that, in addition to committing any act specified in
  474  this paragraph:
  475         a. The person intentionally killed an individual or
  476  counseled, commanded, induced, procured, or caused the
  477  intentional killing of an individual and such killing was the
  478  result; or
  479         b. The person’s conduct in committing that act led to a
  480  natural, though not inevitable, lethal result,
  481  
  482  such person commits the capital felony of trafficking in illegal
  483  drugs, punishable as provided in ss. 775.082 and 921.142. A
  484  person sentenced for a capital felony under this paragraph shall
  485  also be sentenced to pay the maximum fine provided under
  486  subparagraph 1.
  487         6. A person who knowingly brings into this state 60
  488  kilograms or more of any morphine, opium, oxycodone,
  489  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  490  isomer, or salt of an isomer thereof, including heroin, as
  491  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  492  60 kilograms or more of any mixture containing any such
  493  substance, and who knows that the probable result of such
  494  importation would be the death of a person, commits capital
  495  importation of illegal drugs, a capital felony punishable as
  496  provided in ss. 775.082 and 921.142. A person sentenced for a
  497  capital felony under this paragraph shall also be sentenced to
  498  pay the maximum fine provided under subparagraph 1.
  499         (g)1. Any person who knowingly sells, purchases,
  500  manufactures, delivers, or brings into this state, or who is
  501  knowingly in actual or constructive possession of, 4 grams or
  502  more of flunitrazepam or any mixture containing flunitrazepam as
  503  described in s. 893.03(1)(a) commits a felony of the first
  504  degree, which felony shall be known as “trafficking in
  505  flunitrazepam,” punishable as provided in s. 775.082, s.
  506  775.083, or s. 775.084. If the quantity involved:
  507         a. Is 4 grams or more but less than 14 grams, such person
  508  shall be sentenced to a mandatory minimum term of imprisonment
  509  of 3 years, and the defendant shall be ordered to pay a fine of
  510  $50,000.
  511         b. Is 14 grams or more but less than 28 grams, such person
  512  shall be sentenced to a mandatory minimum term of imprisonment
  513  of 7 years, and the defendant shall be ordered to pay a fine of
  514  $100,000.
  515         c. Is 28 grams or more but less than 30 kilograms, such
  516  person shall be sentenced to a mandatory minimum term of
  517  imprisonment of 25 calendar years and pay a fine of $500,000.
  518         2. Any person who knowingly sells, purchases, manufactures,
  519  delivers, or brings into this state or who is knowingly in
  520  actual or constructive possession of 30 kilograms or more of
  521  flunitrazepam or any mixture containing flunitrazepam as
  522  described in s. 893.03(1)(a) commits the first degree felony of
  523  trafficking in flunitrazepam. A person who has been convicted of
  524  the first degree felony of trafficking in flunitrazepam under
  525  this subparagraph shall be punished by life imprisonment and is
  526  ineligible for any form of discretionary early release except
  527  pardon or executive clemency, or conditional medical release
  528  under s. 947.149, or conditional aging inmate release under s.
  529  945.0912. However, if the court determines that, in addition to
  530  committing any act specified in this paragraph:
  531         a. The person intentionally killed an individual or
  532  counseled, commanded, induced, procured, or caused the
  533  intentional killing of an individual and such killing was the
  534  result; or
  535         b. The person’s conduct in committing that act led to a
  536  natural, though not inevitable, lethal result,
  537  
  538  such person commits the capital felony of trafficking in
  539  flunitrazepam, punishable as provided in ss. 775.082 and
  540  921.142. Any person sentenced for a capital felony under this
  541  paragraph shall also be sentenced to pay the maximum fine
  542  provided under subparagraph 1.
  543         (3) Notwithstanding the provisions of s. 948.01, with
  544  respect to any person who is found to have violated this
  545  section, adjudication of guilt or imposition of sentence shall
  546  not be suspended, deferred, or withheld, nor shall such person
  547  be eligible for parole prior to serving the mandatory minimum
  548  term of imprisonment prescribed by this section. A person
  549  sentenced to a mandatory minimum term of imprisonment under this
  550  section is not eligible for any form of discretionary early
  551  release, except pardon or executive clemency, or conditional
  552  medical release under s. 947.149, or conditional aging inmate
  553  release under s. 945.0912, prior to serving the mandatory
  554  minimum term of imprisonment.
  555         Section 9. Subsection (2) of section 921.0024, Florida
  556  Statutes, is amended to read:
  557         921.0024 Criminal Punishment Code; worksheet computations;
  558  scoresheets.—
  559         (2) The lowest permissible sentence is the minimum sentence
  560  that may be imposed by the trial court, absent a valid reason
  561  for departure. The lowest permissible sentence is any nonstate
  562  prison sanction in which the total sentence points equals or is
  563  less than 44 points, unless the court determines within its
  564  discretion that a prison sentence, which may be up to the
  565  statutory maximums for the offenses committed, is appropriate.
  566  When the total sentence points exceeds 44 points, the lowest
  567  permissible sentence in prison months shall be calculated by
  568  subtracting 28 points from the total sentence points and
  569  decreasing the remaining total by 25 percent. The total sentence
  570  points shall be calculated only as a means of determining the
  571  lowest permissible sentence. The permissible range for
  572  sentencing shall be the lowest permissible sentence up to and
  573  including the statutory maximum, as defined in s. 775.082, for
  574  the primary offense and any additional offenses before the court
  575  for sentencing. The sentencing court may impose such sentences
  576  concurrently or consecutively. However, any sentence to state
  577  prison must exceed 1 year. If the lowest permissible sentence
  578  under the code exceeds the statutory maximum sentence as
  579  provided in s. 775.082, the sentence required by the code must
  580  be imposed. If the total sentence points are greater than or
  581  equal to 363, the court may sentence the offender to life
  582  imprisonment. An offender sentenced to life imprisonment under
  583  this section is not eligible for any form of discretionary early
  584  release, except executive clemency, or conditional medical
  585  release under s. 947.149, or conditional aging inmate release
  586  under s. 945.0912.
  587         Section 10. Paragraph (b) of subsection (7) of section
  588  944.605, Florida Statutes, is amended to read:
  589         944.605 Inmate release; notification; identification card.—
  590         (7)
  591         (b) Paragraph (a) does not apply to inmates who:
  592         1. The department determines have a valid driver license or
  593  state identification card, except that the department shall
  594  provide these inmates with a replacement state identification
  595  card or replacement driver license, if necessary.
  596         2. Have an active detainer, unless the department
  597  determines that cancellation of the detainer is likely or that
  598  the incarceration for which the detainer was issued will be less
  599  than 12 months in duration.
  600         3. Are released due to an emergency release, or a
  601  conditional medical release under s. 947.149, or conditional
  602  aging inmate release under s. 945.0912.
  603         4. Are not in the physical custody of the department at or
  604  within 180 days before release.
  605         5. Are subject to sex offender residency restrictions, and
  606  who, upon release under such restrictions, do not have a
  607  qualifying address.
  608         Section 11. Subsection (1) of section 944.70, Florida
  609  Statutes, is amended to read:
  610         944.70 Conditions for release from incarceration.—
  611         (1)(a) A person who is convicted of a crime committed on or
  612  after October 1, 1983, but before January 1, 1994, may be
  613  released from incarceration only:
  614         1. Upon expiration of the person’s sentence;
  615         2. Upon expiration of the person’s sentence as reduced by
  616  accumulated gain-time;
  617         3. As directed by an executive order granting clemency;
  618         4. Upon attaining the provisional release date;
  619         5. Upon placement in a conditional release program pursuant
  620  to s. 947.1405; or
  621         6. Upon the granting of control release pursuant to s.
  622  947.146.
  623         (b) A person who is convicted of a crime committed on or
  624  after January 1, 1994, may be released from incarceration only:
  625         1. Upon expiration of the person’s sentence;
  626         2. Upon expiration of the person’s sentence as reduced by
  627  accumulated meritorious or incentive gain-time;
  628         3. As directed by an executive order granting clemency;
  629         4. Upon placement in a conditional release program pursuant
  630  to s. 947.1405, or a conditional medical release program
  631  pursuant to s. 947.149, or a conditional aging inmate release
  632  program pursuant to s. 945.0912; or
  633         5. Upon the granting of control release, including
  634  emergency control release, pursuant to s. 947.146.
  635         Section 12. This act shall take effect October 1, 2020.
  636  
  637  ================= T I T L E  A M E N D M E N T ================
  638  And the title is amended as follows:
  639         Delete everything before the enacting clause
  640  and insert:
  641                        A bill to be entitled                      
  642         An act relating to conditional aging inmate release;
  643         creating s. 945.0912, F.S.; establishing the
  644         conditional aging inmate release program within the
  645         Department of Corrections; establishing a panel to
  646         consider specified matters; providing for program
  647         eligibility; requiring that an inmate who meets
  648         certain criteria be considered for conditional aging
  649         inmate release; providing that the inmate does not
  650         have a right to release; requiring the department to
  651         identify eligible inmates; requiring the department to
  652         refer an inmate to the panel for consideration;
  653         providing victim notification requirements under
  654         certain circumstances; requiring the panel to conduct
  655         a hearing within a specified timeframe; providing
  656         requirements for the hearing; providing that an inmate
  657         who is approved for conditional aging inmate release
  658         must be released from the department's custody within
  659         a reasonable amount of time; providing that an inmate
  660         is considered an aging releasee upon release from the
  661         department into the community; providing a review
  662         process for an inmate who is denied release; providing
  663         conditions for release; prohibiting an aging releasee
  664         or his or her community-based housing from being
  665         counted in the prison system population and the prison
  666         capacity figures, respectively; providing for the
  667         revocation of conditional aging inmate release;
  668         requiring the aging releasee to be detained if a
  669         violation is based on certain circumstances;
  670         authorizing the aging releasee to be returned to the
  671         department if he or she violates any conditions of the
  672         release; requiring a majority of the panel to agree on
  673         the appropriateness of revocation; authorizing the
  674         forfeiture of gain-time if the revocation is based on
  675         certain violations; providing a review process for an
  676         aging releasee who has his or her released revoked;
  677         requiring the aging releasee to be given specified
  678         information in certain instances; providing rulemaking
  679         authority; amending ss. 316.1935, 775.084, 775.087,
  680         784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605,
  681         and 944.70, F.S.; conforming cross-references to
  682         changes made by the act; providing an effective date.