Florida Senate - 2021 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1032
Ì741924-Î741924
576-03938-21
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Criminal and Civil Justice)
1 A bill to be entitled
2 An act relating to criminal convictions; amending s.
3 455.213, F.S.; revising the timeframe when a
4 conviction, or any other adjudication, for a crime may
5 not be grounds for denial of licensure in specified
6 professions; removing a provision requiring good moral
7 character for licensure in such professions; requiring
8 the applicable board to approve certain education
9 program credits offered to inmates in correctional
10 institutions or facilities to satisfy training
11 requirements for licensure in specified professions;
12 amending s. 921.002, F.S.; revising the principles
13 that the Criminal Punishment Code embodies as it
14 relates to punishment and rehabilitation; conforming
15 provisions to changes made by the act; amending s.
16 944.02, F.S.; defining the term “gain-time”; amending
17 s. 944.275, F.S.; authorizing the Department of
18 Corrections to grant deductions from sentences in the
19 form of good behavior time, rehabilitation credits,
20 and outstanding deed awards, rather than solely for
21 gain-time, for specified purposes; revising a
22 prisoner’s “tentative release date” that the
23 department must calculate for each prisoner based on
24 his or her good behavior time, rehabilitation credits,
25 and outstanding deed awards; requiring the department
26 to grant good behavior time, rather than basic gain
27 time, as a means of encouraging satisfactory behavior
28 and developing character traits necessary for
29 successful reentry to the community, subject to
30 certain conditions; authorizing the department to
31 grant rehabilitation credits, rather than incentive
32 gain-time, for each month during which a prisoner
33 engages in specified activities; revising the rates of
34 eligibility to earn rehabilitation credits; increasing
35 the authorized amount of outstanding deed awards which
36 a prisoner may be granted per outstanding deed
37 performed; authorizing the department to grant a
38 specified number of additional days of rehabilitation
39 credit for successful completion of specified
40 programs; defining the term “life skills program”;
41 providing for retroactivity of specified
42 rehabilitation credits; authorizing the department to
43 grant up to a certain additional amount of days per
44 month to prisoners serving sentences for certain
45 violations; providing for retroactivity of specified
46 good behavior time; prohibiting certain prisoners from
47 being eligible to earn or receive good behavior time
48 or outstanding deed awards in an amount that would
49 cause a sentence to expire, end, or terminate, or that
50 would result in a prisoner’s release, before he or she
51 serves a specified minimum percentage of the sentence
52 imposed; prohibiting certain prisoners from earning or
53 receiving rehabilitation credits in an amount that
54 would cause a sentence to expire, end, or terminate,
55 or that would result in a prisoner’s release, before
56 he or she serves a specified minimum percentage of the
57 sentence imposed; providing that gain-time may be
58 forfeited according to law after due process if a
59 prisoner is found guilty of an infraction of certain
60 laws or rules; requiring the department to adopt rules
61 in accordance with the changes made by the act;
62 conforming provisions to changes made by the act;
63 making technical changes; amending ss. 316.027,
64 775.0845, 775.0847, 775.0861, 775.0862, 775.087,
65 775.0875, 777.03, 777.04, 794.011, 794.023, 817.568,
66 831.032, 843.22, 874.04, 944.281, 944.473, and 944.70,
67 F.S.; conforming provisions to changes made by the
68 act; reenacting ss. 775.084(4)(k), 900.05(2)(v) and
69 (3)(e), 944.28, 944.605(1), 944.607(6), 947.005(15),
70 and 985.4815(6)(a), F.S., relating to gain-time
71 granted by the department, the definition of “gain
72 time credit earned” and gain-time data that the
73 department must collect, the forfeiture of gain-time
74 and the right to earn gain-time in the future, a
75 required notification of expiration of sentence, a
76 requirement that a digitized photograph of sexual
77 offenders be taken within a certain time before
78 release, the definition of “tentative release date,”
79 and a requirement that a digitized photograph of
80 sexual offenders be taken within a certain time before
81 release, respectively, to incorporate the amendment
82 made to s. 944.275, F.S., in references thereto;
83 providing an effective date.
84
85 Be It Enacted by the Legislature of the State of Florida:
86
87 Section 1. Paragraph (b) of subsection (3) of section
88 455.213, Florida Statutes, is amended, and paragraph (f) is
89 added to that subsection, to read:
90 455.213 General licensing provisions.—
91 (3)
92 (b)1. A conviction, or any other adjudication, for a crime
93 more than 2 5 years before the date the application is received
94 by the applicable board may not be grounds for denial of a
95 license specified in paragraph (a). For purposes of this
96 paragraph, the term “conviction” means a determination of guilt
97 that is the result of a plea or trial, regardless of whether
98 adjudication is withheld. This paragraph does not limit the
99 applicable board from considering an applicant’s criminal
100 history that includes a crime listed in s. 775.21(4)(a)1. or s.
101 776.08 at any time, but only if such criminal history has been
102 found to relate to the practice of the applicable profession.
103 2. The applicable board may consider the criminal history
104 of an applicant for licensure under subparagraph (a)3. if such
105 criminal history has been found to relate to good moral
106 character.
107 (f) The applicable board shall approve educational programs
108 credits offered to inmates in any correctional institution or
109 correctional facility, whether offered as vocational training or
110 through an industry certification program, for the purposes of
111 satisfying applicable training requirements for licensure in a
112 profession specified in paragraph (a).
113 Section 2. Subsection (1) of section 921.002, Florida
114 Statutes, is amended to read:
115 921.002 The Criminal Punishment Code.—The Criminal
116 Punishment Code shall apply to all felony offenses, except
117 capital felonies, committed on or after October 1, 1998.
118 (1) The provision of criminal penalties and of limitations
119 upon the application of such penalties is a matter of
120 predominantly substantive law and, as such, is a matter properly
121 addressed by the Legislature. The Legislature, in the exercise
122 of its authority and responsibility to establish sentencing
123 criteria, to provide for the imposition of criminal penalties,
124 and to make the best use of state prisons so that violent
125 criminal offenders are appropriately punished and rehabilitated
126 incarcerated, has determined that it is in the best interest of
127 the state to develop, implement, and revise a sentencing policy.
128 The Criminal Punishment Code embodies the principles that:
129 (a) Sentencing is neutral with respect to race, gender, and
130 social and economic status.
131 (b) The dual purposes primary purpose of sentencing in the
132 criminal justice system are is to punish the offender and
133 rehabilitate the offender so that he or she can successfully
134 transition back into the community. Rehabilitation is a desired
135 goal of the criminal justice system but is subordinate to the
136 goal of punishment.
137 (c) The penalty imposed is commensurate with the severity
138 of the primary offense and the circumstances surrounding the
139 primary offense.
140 (d) The severity of the sentence increases with the length
141 and nature of the offender’s prior record.
142 (e) The sentence imposed by the sentencing judge reflects
143 the length of actual time to be served, shortened only by the
144 application of good behavior time, rehabilitation credits, and
145 outstanding deed awards, incentive and meritorious gain-time as
146 provided by law, and may not be shortened if the defendant would
147 consequently serve less than 85 percent of his or her term of
148 imprisonment upon the application of good behavior time and
149 outstanding deed awards or 65 percent of his or her term of
150 imprisonment upon the application of rehabilitation credits, as
151 provided in s. 944.275(4). The provisions of chapter 947,
152 relating to parole, do not shall not apply to persons sentenced
153 under the Criminal Punishment Code.
154 (f) Departures below the lowest permissible sentence
155 established by the code must be articulated in writing by the
156 trial court judge and made only when circumstances or factors
157 reasonably justify the mitigation of the sentence. The level of
158 proof necessary to establish facts that support a departure from
159 the lowest permissible sentence is a preponderance of the
160 evidence.
161 (g) The trial court judge may impose a sentence up to and
162 including the statutory maximum for any offense, including an
163 offense that is before the court due to a violation of probation
164 or community control.
165 (h) A sentence may be appealed on the basis that it departs
166 from the Criminal Punishment Code only if the sentence is below
167 the lowest permissible sentence or as enumerated in s.
168 924.06(1).
169 (i) Use of incarcerative sanctions is prioritized toward
170 offenders convicted of serious offenses and certain offenders
171 who have long prior records, in order to maximize the finite
172 capacities of state and local correctional facilities.
173 Section 3. Present subsections (5) through (8) of section
174 944.02, Florida Statutes, are redesignated as subsections (6)
175 through (9), respectively, and a new subsection (5) is added to
176 that section, to read:
177 944.02 Definitions.—The following words and phrases used in
178 this chapter shall, unless the context clearly indicates
179 otherwise, have the following meanings:
180 (5) “Gain-time” means good behavior time, rehabilitation
181 credits, and outstanding deed awards, collectively.
182 Section 4. Section 944.275, Florida Statutes, is amended to
183 read:
184 944.275 Good behavior time; rehabilitation credits;
185 outstanding deed awards gain-time.—
186 (1) The department is authorized to grant deductions from
187 sentences in the form of good behavior time, rehabilitation
188 credits, and outstanding deed awards gain-time in order to
189 encourage satisfactory prisoner behavior, to provide incentive
190 for prisoners to participate in productive activities, and to
191 reward prisoners who perform outstanding deeds or services.
192 (2)(a) The department shall establish for each prisoner
193 sentenced to a term of years a “maximum sentence expiration
194 date,” which shall be the date when the sentence or combined
195 sentences imposed on a prisoner will expire. In establishing
196 this date, the department shall reduce the total time to be
197 served by any time lawfully credited.
198 (b) When a prisoner with an established maximum sentence
199 expiration date is sentenced to an additional term or terms
200 without having been released from custody, the department shall
201 extend the maximum sentence expiration date by the length of
202 time imposed in the new sentence or sentences, less lawful
203 credits.
204 (c) When an escaped prisoner or a parole violator is
205 returned to the custody of the department, the maximum sentence
206 expiration date in effect when the escape occurred or the parole
207 was effective shall be extended by the amount of time the
208 prisoner was not in custody plus the time imposed in any new
209 sentence or sentences, but reduced by any lawful credits.
210 (3)(a) The department shall also establish for each
211 prisoner sentenced to a term of years a “tentative release date”
212 which shall be the date projected for the prisoner’s release
213 from custody by virtue of good behavior time, rehabilitation
214 credits, or outstanding deed awards gain-time granted or
215 forfeited as described in this section. The initial tentative
216 release date shall be determined by deducting good behavior time
217 basic gain-time granted from the maximum sentence expiration
218 date. Rehabilitation credits and outstanding deed awards Other
219 gain-time shall be applied when granted or restored to make the
220 tentative release date proportionately earlier; and forfeitures
221 of gain-time, when ordered, shall be applied to make the
222 tentative release date proportionately later.
223 (b) When an initial tentative release date is reestablished
224 because of additional sentences imposed before the prisoner has
225 completely served all prior sentences, any good behavior time,
226 rehabilitation credits, and outstanding deed awards gain-time
227 granted during service of a prior sentence and not forfeited
228 shall be applied.
229 (c) The tentative release date may not be later than the
230 maximum sentence expiration date.
231 (4)(a) As a means of encouraging satisfactory behavior and
232 developing character traits necessary for successful reentry to
233 the community, the department shall grant good behavior time
234 basic gain-time at the rate of 10 days for each month of each
235 sentence imposed on a prisoner, subject to the following:
236 1. Portions of any sentences to be served concurrently
237 shall be treated as a single sentence when determining good
238 behavior time basic gain-time.
239 2. Good behavior time Basic gain-time for a partial month
240 shall be prorated on the basis of a 30-day month.
241 3. When a prisoner receives a new maximum sentence
242 expiration date because of additional sentences imposed, good
243 behavior time basic gain-time shall be granted for the amount of
244 time the maximum sentence expiration date was extended.
245 (b) For each month in which a prisoner an inmate works
246 diligently, participates in training or education, uses time
247 constructively, or otherwise engages in positive activities, the
248 department may grant rehabilitation credits incentive gain-time
249 in accordance with this paragraph. The rate of rehabilitation
250 credits incentive gain-time in effect on the date the prisoner
251 inmate committed the offense that which resulted in his or her
252 incarceration shall be the prisoner’s inmate’s rate of
253 eligibility to earn rehabilitation credits incentive gain-time
254 throughout the period of incarceration and may shall not be
255 altered by a subsequent change in the severity level of the
256 offense for which the prisoner inmate was sentenced.
257 1. For sentences imposed for offenses committed before
258 prior to January 1, 1994, and on or after October 1, 1995, up to
259 20 days of rehabilitation credits incentive gain-time may be
260 granted. If granted, such rehabilitation credits gain-time shall
261 be credited and applied monthly.
262 2. For sentences imposed for offenses committed on or after
263 January 1, 1994, and before October 1, 1995:
264 a. For offenses ranked in offense severity levels 1 through
265 7, under former s. 921.0012 or former s. 921.0013, up to 25 days
266 of rehabilitation credits incentive gain-time may be granted. If
267 granted, such rehabilitation credits gain-time shall be credited
268 and applied monthly.
269 b. For offenses ranked in offense severity levels 8, 9, and
270 10, under former s. 921.0012 or former s. 921.0013, up to 20
271 days of rehabilitation credits incentive gain-time may be
272 granted. If granted, such rehabilitation credits gain-time shall
273 be credited and applied monthly.
274 3. For sentences imposed for offenses committed on or after
275 October 1, 1995, the department may grant up to 10 days per
276 month of incentive gain-time.
277 (c) A prisoner An inmate who performs some outstanding
278 deed, such as saving a life or assisting in recapturing an
279 escaped prisoner inmate, or who in some manner performs an
280 outstanding service that would merit the granting of additional
281 deductions from the term of his or her sentence may be granted
282 an outstanding deed award meritorious gain-time of from 30 1 to
283 60 days per outstanding deed performed.
284 (d) Notwithstanding the monthly maximum awards of
285 rehabilitation credits under subparagraphs (b)1. and 2.,
286 incentive gain-time under subparagraphs (b)1., 2., and 3., the
287 education program manager shall recommend, and the department of
288 Corrections may grant, to a prisoner who is otherwise eligible,
289 a one-time award of 60 additional days of rehabilitation credits
290 for each of the following successfully completed by a prisoner:
291 incentive gain-time to an inmate who is otherwise eligible and
292 who successfully completes requirements for and is, or has been
293 during the current commitment, awarded a high school equivalency
294 diploma, a college degree, a or vocational certificate, a drug
295 treatment program, a life skills program, a reentry program, or
296 other evidence-based program approved by the department that
297 serves the purpose of reducing recidivism and assisting a
298 prisoner reintegrate into society. For purposes of this
299 paragraph, a “life skills program” means a program, approved by
300 the department, which consists of at least 60 hours designed to
301 reduce recidivism by addressing, at a minimum, education, job
302 skill, interpersonal skills, stress and anger management, and
303 personal development. Additionally, the department shall grant 5
304 additional days of rehabilitation credits for successful
305 completion of any other department-approved program, including
306 prisoner-developed programs or a passing grade in each online or
307 in-person educational course, as approved by the department.
308 Rehabilitation credits under this paragraph are retroactive.
309 (e) Notwithstanding the monthly maximum awards of
310 rehabilitation credits under subparagraphs (b)1. and 2., the
311 department may grant up to 2 additional days per month of good
312 behavior time to prisoners serving sentences for violations of
313 s. 893.13 or s. 893.135. Good behavior time under this paragraph
314 is retroactive Under no circumstances may an inmate receive more
315 than 60 days for educational attainment pursuant to this
316 section.
317 (f)(e) Notwithstanding subparagraph (b)1. subparagraph
318 (b)3., for sentences imposed for offenses committed on or after
319 October 1, 2014, the department may not grant rehabilitation
320 credits incentive gain-time if the offense is a violation of s.
321 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
322 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
323 825.1025; or s. 847.0135(5).
324 (g)1.(f) A prisoner An inmate who is subject to this
325 subsection and who is serving a sentence imposed for an offense
326 committed on or after October 1, 1995, subparagraph (b)3. is not
327 eligible to earn or receive good behavior time or outstanding
328 deed awards gain-time under paragraph (a), paragraph (b),
329 paragraph (c), or paragraph (d) or any other type of gain-time
330 in an amount that would cause a sentence to expire, end, or
331 terminate, or that would result in a prisoner’s release, before
332 he or she serves prior to serving a minimum of 85 percent of the
333 sentence imposed.
334 2. A prisoner who is subject to this subsection may not
335 earn or receive rehabilitation credits in an amount that would
336 cause a sentence to expire, end, or terminate, or that would
337 result in a prisoner’s release, before he or she serves a
338 minimum of 65 percent of the sentence imposed.
339 3. For purposes of this paragraph, credits awarded by the
340 court for time physically incarcerated shall be credited toward
341 satisfaction of 85 percent of the sentence imposed. Except as
342 provided by this section, a prisoner serving a sentence imposed
343 for an offense committed on or after October 1, 1995, may not
344 accumulate further good behavior time or outstanding deed awards
345 gain-time awards at any point when the tentative release date is
346 the same as that date at which the prisoner will have served 85
347 percent of the sentence imposed. A prisoner may not accumulate
348 further rehabilitation credits at any point when the tentative
349 release date is the same as that date at which the prisoner will
350 have served 65 percent of the sentence imposed. State prisoners
351 sentenced to life imprisonment shall be incarcerated for the
352 rest of their natural lives, unless granted pardon or clemency.
353 (5) If When a prisoner is found guilty of an infraction of
354 the laws of this state or the rules of the department, gain-time
355 may be forfeited according to law after due process.
356 (6)(a) Good behavior time Basic gain-time under this
357 section shall be computed on and applied to all sentences
358 imposed for offenses committed on or after July 1, 1978, and
359 before January 1, 1994.
360 (b) All good behavior time, rehabilitation credits, and
361 outstanding deed awards are incentive and meritorious gain-time
362 is granted according to this section.
363 (c) All additional gain-time previously awarded under
364 former subsections (2) and (3) and all forfeitures ordered
365 before prior to the effective date of the act that created this
366 section shall remain in effect and be applied in establishing an
367 initial tentative release date.
368 (7) The department shall adopt rules to implement the
369 granting, forfeiture, restoration, and deletion of good behavior
370 time, rehabilitation credits, and outstanding deed awards, gain
371 time.
372 Section 5. Subsection (2) of section 316.027, Florida
373 Statutes, is amended to read:
374 316.027 Crash involving death or personal injuries.—
375 (2)(a) The driver of a vehicle involved in a crash
376 occurring on public or private property which results in injury
377 to a person other than serious bodily injury shall immediately
378 stop the vehicle at the scene of the crash, or as close thereto
379 as possible, and shall remain at the scene of the crash until he
380 or she has fulfilled the requirements of s. 316.062. A person
381 who willfully violates this paragraph commits a felony of the
382 third degree, punishable as provided in s. 775.082, s. 775.083,
383 or s. 775.084.
384 (b) The driver of a vehicle involved in a crash occurring
385 on public or private property which results in serious bodily
386 injury to a person shall immediately stop the vehicle at the
387 scene of the crash, or as close thereto as possible, and shall
388 remain at the scene of the crash until he or she has fulfilled
389 the requirements of s. 316.062. A person who willfully violates
390 this paragraph commits a felony of the second degree, punishable
391 as provided in s. 775.082, s. 775.083, or s. 775.084.
392 (c) The driver of a vehicle involved in a crash occurring
393 on public or private property which results in the death of a
394 person shall immediately stop the vehicle at the scene of the
395 crash, or as close thereto as possible, and shall remain at the
396 scene of the crash until he or she has fulfilled the
397 requirements of s. 316.062. A person who is arrested for a
398 violation of this paragraph and who has previously been
399 convicted of a violation of this section, s. 316.061, s.
400 316.191, or s. 316.193, or a felony violation of s. 322.34,
401 shall be held in custody until brought before the court for
402 admittance to bail in accordance with chapter 903. A person who
403 willfully violates this paragraph commits a felony of the first
404 degree, punishable as provided in s. 775.082, s. 775.083, or s.
405 775.084, and shall be sentenced to a mandatory minimum term of
406 imprisonment of 4 years. A person who willfully commits such a
407 violation while driving under the influence as set forth in s.
408 316.193(1) shall be sentenced to a mandatory minimum term of
409 imprisonment of 4 years.
410 (d) Notwithstanding s. 775.089(1)(a), if the driver of a
411 vehicle violates paragraph (a), paragraph (b), or paragraph (c),
412 the court shall order the driver to make restitution to the
413 victim for any damage or loss unless the court finds clear and
414 compelling reasons not to order the restitution. Restitution may
415 be monetary or nonmonetary restitution. The court shall make the
416 payment of restitution a condition of probation in accordance
417 with s. 948.03. An order requiring the defendant to make
418 restitution to a victim does not remove or diminish the
419 requirement that the court order payment to the Crimes
420 Compensation Trust Fund under chapter 960. Payment of an award
421 by the Crimes Compensation Trust Fund creates an order of
422 restitution to the Crimes Compensation Trust Fund unless
423 specifically waived in accordance with s. 775.089(1)(b).
424 (e) A driver who violates paragraph (a), paragraph (b), or
425 paragraph (c) shall have his or her driver license revoked for
426 at least 3 years as provided in s. 322.28(4).
427 1. A person convicted of violating paragraph (a), paragraph
428 (b), or paragraph (c) shall, before his or her driving privilege
429 may be reinstated, present to the department proof of completion
430 of a victim’s impact panel session in a judicial circuit if such
431 a panel exists, or if such a panel does not exist, a department
432 approved driver improvement course relating to the rights of
433 vulnerable road users relative to vehicles on the roadway as
434 provided in s. 322.0261(2).
435 2. The department may reinstate an offender’s driving
436 privilege after he or she satisfies the 3-year revocation period
437 as provided in s. 322.28(4) and successfully completes either a
438 victim’s impact panel session or a department-approved driver
439 improvement course relating to the rights of vulnerable road
440 users relative to vehicles on the roadway as provided in s.
441 322.0261(2).
442 3. For purposes of this paragraph, an offender’s driving
443 privilege may be reinstated only after the department verifies
444 that the offender participated in and successfully completed a
445 victim’s impact panel session or a department-approved driver
446 improvement course.
447 (f) For purposes of sentencing under chapter 921 and
448 determining incentive gain-time eligibility for rehabilitation
449 credits under chapter 944, an offense listed in this subsection
450 is ranked one level above the ranking specified in s. 921.0022
451 or s. 921.0023 for the offense committed if the victim of the
452 offense was a vulnerable road user.
453 (g) The defendant may move to depart from the mandatory
454 minimum term of imprisonment prescribed in paragraph (c) unless
455 the violation was committed while the defendant was driving
456 under the influence. The state may object to this departure. The
457 court may grant the motion only if it finds that a factor,
458 consideration, or circumstance clearly demonstrates that
459 imposing a mandatory minimum term of imprisonment would
460 constitute or result in an injustice. The court shall state in
461 open court the basis for granting the motion.
462 Section 6. Section 775.0845, Florida Statutes, is amended
463 to read:
464 775.0845 Wearing mask while committing offense;
465 reclassification.—The felony or misdemeanor degree of any
466 criminal offense, other than a violation of ss. 876.12-876.15,
467 shall be reclassified to the next higher degree as provided in
468 this section if, while committing the offense, the offender was
469 wearing a hood, mask, or other device that concealed his or her
470 identity.
471 (1)(a) In the case of a misdemeanor of the second degree,
472 the offense is reclassified to a misdemeanor of the first
473 degree.
474 (b) In the case of a misdemeanor of the first degree, the
475 offense is reclassified to a felony of the third degree. For
476 purposes of sentencing under chapter 921 and determining
477 incentive gain-time eligibility for rehabilitation credits under
478 chapter 944, such offense is ranked in level 2 of the offense
479 severity ranking chart.
480 (2)(a) In the case of a felony of the third degree, the
481 offense is reclassified to a felony of the second degree.
482 (b) In the case of a felony of the second degree, the
483 offense is reclassified to a felony of the first degree.
484
485 For purposes of sentencing under chapter 921 and determining
486 incentive gain-time eligibility for rehabilitation credits under
487 chapter 944, a felony offense that is reclassified under this
488 subsection is ranked one level above the ranking under former s.
489 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the
490 offense committed.
491 Section 7. Section 775.0847, Florida Statutes, is amended
492 to read:
493 775.0847 Possession or promotion of certain images of child
494 pornography; reclassification.—
495 (1) For purposes of this section:
496 (a) “Child” means any person, whose identity is known or
497 unknown, less than 18 years of age.
498 (b) “Child pornography” means any image depicting a minor
499 engaged in sexual conduct.
500 (c) “Sadomasochistic abuse” means flagellation or torture
501 by or upon a person or the condition of being fettered, bound,
502 or otherwise physically restrained, for the purpose of deriving
503 sexual satisfaction, or satisfaction brought about as a result
504 of sadistic violence, from inflicting harm on another or
505 receiving such harm oneself.
506 (d) “Sexual battery” means oral, anal, or vaginal
507 penetration by, or union with, the sexual organ of another or
508 the anal or vaginal penetration of another by any other object;
509 however, sexual battery does not include an act done for a bona
510 fide medical purpose.
511 (e) “Sexual bestiality” means any sexual act, actual or
512 simulated, between a person and an animal involving the sex
513 organ of the one and the mouth, anus, or vagina of the other.
514 (f) “Sexual conduct” means actual or simulated sexual
515 intercourse, deviate sexual intercourse, sexual bestiality,
516 masturbation, or sadomasochistic abuse; actual lewd exhibition
517 of the genitals; actual physical contact with a person’s clothed
518 or unclothed genitals, pubic area, buttocks, or, if such person
519 is a female, breast with the intent to arouse or gratify the
520 sexual desire of either party; or any act or conduct which
521 constitutes sexual battery or simulates that sexual battery is
522 being or will be committed. A mother’s breastfeeding of her baby
523 does not under any circumstance constitute “sexual conduct.”
524 (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
525 s. 847.0138 shall be reclassified to the next higher degree as
526 provided in subsection (3) if:
527 (a) The offender possesses 10 or more images of any form of
528 child pornography regardless of content; and
529 (b) The content of at least one image contains one or more
530 of the following:
531 1. A child who is younger than the age of 5.
532 2. Sadomasochistic abuse involving a child.
533 3. Sexual battery involving a child.
534 4. Sexual bestiality involving a child.
535 5. Any movie involving a child, regardless of length and
536 regardless of whether the movie contains sound.
537 (3)(a) In the case of a felony of the third degree, the
538 offense is reclassified to a felony of the second degree.
539 (b) In the case of a felony of the second degree, the
540 offense is reclassified to a felony of the first degree.
541
542 For purposes of sentencing under chapter 921 and determining
543 incentive gain-time eligibility for rehabilitation credits under
544 chapter 944, a felony offense that is reclassified under this
545 section is ranked one level above the ranking under s. 921.0022
546 or s. 921.0023 of the offense committed.
547 Section 8. Section 775.0861, Florida Statutes, is amended
548 to read:
549 775.0861 Offenses against persons on the grounds of
550 religious institutions; reclassification.—
551 (1) For purposes of this section, the term:
552 (a) “Religious institution” is as defined in s. 496.404.
553 (b) “Religious service” is a religious ceremony, prayer, or
554 other activity according to a form and order prescribed for
555 worship, including a service related to a particular occasion.
556 (2) The felony or misdemeanor degree of any violation of:
557 (a) Section 784.011, relating to assault;
558 (b) Section 784.021, relating to aggravated assault;
559 (c) Section 784.03, relating to battery;
560 (d) Section 784.041, relating to felony battery;
561 (e) A statute defining any offense listed in s.
562 775.084(1)(b)1.; or
563 (f) Any other statute defining an offense that involves the
564 use or threat of physical force or violence against any
565 individual
566
567 shall be reclassified as provided in this section if the offense
568 is committed on the property of a religious institution while
569 the victim is on the property for the purpose of participating
570 in or attending a religious service.
571 (3)(a) In the case of a misdemeanor of the second degree,
572 the offense is reclassified to a misdemeanor of the first
573 degree.
574 (b) In the case of a misdemeanor of the first degree, the
575 offense is reclassified to a felony of the third degree. For
576 purposes of sentencing under chapter 921, such offense is ranked
577 in level 2 of the offense severity ranking chart.
578 (c) In the case of a felony of the third degree, the
579 offense is reclassified to a felony of the second degree.
580 (d) In the case of a felony of the second degree, the
581 offense is reclassified to a felony of the first degree.
582 (e) In the case of a felony of the first degree, the
583 offense is reclassified to a life felony.
584
585 For purposes of sentencing under chapter 921 and determining
586 incentive gain-time eligibility for rehabilitation credits under
587 chapter 944, a felony offense that is reclassified under this
588 subsection is ranked one level above the ranking under s.
589 921.0022 or s. 921.0023 of the offense committed.
590 Section 9. Section 775.0862, Florida Statutes, is amended
591 to read:
592 775.0862 Sexual offenses against students by authority
593 figures; reclassification.—
594 (1) As used in this section, the term:
595 (a) “Authority figure” means a person 18 years of age or
596 older who is employed by, volunteering at, or under contract
597 with a school.
598 (b) “School” has the same meaning as provided in s. 1003.01
599 and includes a private school as defined in s. 1002.01, a
600 voluntary prekindergarten education program as described in s.
601 1002.53(3), early learning programs, a public school as
602 described in s. 402.3025(1), the Florida School for the Deaf and
603 the Blind, and the Florida Virtual School established under s.
604 1002.37. The term does not include facilities dedicated
605 exclusively to the education of adults.
606 (c) “Student” means a person younger than 18 years of age
607 who is enrolled at a school.
608 (2) The felony degree of a violation of an offense listed
609 in s. 943.0435(1)(h)1.a., unless the offense is a violation of
610 s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
611 as provided in this section if the offense is committed by an
612 authority figure of a school against a student of the school.
613 (3)(a) In the case of a felony of the third degree, the
614 offense is reclassified to a felony of the second degree.
615 (b) In the case of a felony of the second degree, the
616 offense is reclassified to a felony of the first degree.
617 (c) In the case of a felony of the first degree, the
618 offense is reclassified to a life felony.
619
620 For purposes of sentencing under chapter 921 and determining
621 incentive gain-time eligibility for rehabilitation credits under
622 chapter 944, a felony offense that is reclassified under this
623 subsection is ranked one level above the ranking under s.
624 921.0022 or s. 921.0023 of the offense committed.
625 Section 10. Subsections (1) and (3) of section 775.087,
626 Florida Statutes, are amended to read:
627 775.087 Possession or use of weapon; aggravated battery;
628 felony reclassification; minimum sentence.—
629 (1) Unless otherwise provided by law, whenever a person is
630 charged with a felony, except a felony in which the use of a
631 weapon or firearm is an essential element, and during the
632 commission of such felony the defendant carries, displays, uses,
633 threatens to use, or attempts to use any weapon or firearm, or
634 during the commission of such felony the defendant commits an
635 aggravated battery, the felony for which the person is charged
636 shall be reclassified as follows:
637 (a) In the case of a felony of the first degree, to a life
638 felony.
639 (b) In the case of a felony of the second degree, to a
640 felony of the first degree.
641 (c) In the case of a felony of the third degree, to a
642 felony of the second degree.
643
644 For purposes of sentencing under chapter 921 and determining
645 incentive gain-time eligibility for rehabilitation credits under
646 chapter 944, a felony offense which is reclassified under this
647 section is ranked one level above the ranking under s. 921.0022
648 or s. 921.0023 of the felony offense committed.
649 (3)(a)1. Any person who is convicted of a felony or an
650 attempt to commit a felony, regardless of whether the use of a
651 firearm is an element of the felony, and the conviction was for:
652 a. Murder;
653 b. Sexual battery;
654 c. Robbery;
655 d. Burglary;
656 e. Arson;
657 f. Aggravated battery;
658 g. Kidnapping;
659 h. Escape;
660 i. Sale, manufacture, delivery, or intent to sell,
661 manufacture, or deliver any controlled substance;
662 j. Aircraft piracy;
663 k. Aggravated child abuse;
664 l. Aggravated abuse of an elderly person or disabled adult;
665 m. Unlawful throwing, placing, or discharging of a
666 destructive device or bomb;
667 n. Carjacking;
668 o. Home-invasion robbery;
669 p. Aggravated stalking; or
670 q. Trafficking in cannabis, trafficking in cocaine, capital
671 importation of cocaine, trafficking in illegal drugs, capital
672 importation of illegal drugs, trafficking in phencyclidine,
673 capital importation of phencyclidine, trafficking in
674 methaqualone, capital importation of methaqualone, trafficking
675 in amphetamine, capital importation of amphetamine, trafficking
676 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
677 (GHB), trafficking in 1,4-Butanediol, trafficking in
678 Phenethylamines, or other violation of s. 893.135(1);
679
680 and during the commission of the offense, such person possessed
681 a semiautomatic firearm and its high-capacity detachable box
682 magazine or a machine gun as defined in s. 790.001, shall be
683 sentenced to a minimum term of imprisonment of 15 years.
684 2. Any person who is convicted of a felony or an attempt to
685 commit a felony listed in subparagraph (a)1., regardless of
686 whether the use of a weapon is an element of the felony, and
687 during the course of the commission of the felony such person
688 discharged a semiautomatic firearm and its high-capacity box
689 magazine or a “machine gun” as defined in s. 790.001 shall be
690 sentenced to a minimum term of imprisonment of 20 years.
691 3. Any person who is convicted of a felony or an attempt to
692 commit a felony listed in subparagraph (a)1., regardless of
693 whether the use of a weapon is an element of the felony, and
694 during the course of the commission of the felony such person
695 discharged a semiautomatic firearm and its high-capacity box
696 magazine or a “machine gun” as defined in s. 790.001 and, as the
697 result of the discharge, death or great bodily harm was
698 inflicted upon any person, the convicted person shall be
699 sentenced to a minimum term of imprisonment of not less than 25
700 years and not more than a term of imprisonment of life in
701 prison.
702 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
703 (a)3. does not prevent a court from imposing a longer sentence
704 of incarceration as authorized by law in addition to the minimum
705 mandatory sentence, or from imposing a sentence of death
706 pursuant to other applicable law. Subparagraph (a)1.,
707 subparagraph (a)2., or subparagraph (a)3. does not authorize a
708 court to impose a lesser sentence than otherwise required by
709 law.
710
711 Notwithstanding s. 948.01, adjudication of guilt or imposition
712 of sentence shall not be suspended, deferred, or withheld, and
713 the defendant is not eligible for statutory gain-time under s.
714 944.275 or any form of discretionary early release, other than
715 pardon or executive clemency, or conditional medical release
716 under s. 947.149, prior to serving the minimum sentence.
717 (c) If the minimum mandatory terms of imprisonment imposed
718 pursuant to this section exceed the maximum sentences authorized
719 by s. 775.082, s. 775.084, or the Criminal Punishment Code under
720 chapter 921, then the mandatory minimum sentence must be
721 imposed. If the mandatory minimum terms of imprisonment pursuant
722 to this section are less than the sentences that could be
723 imposed as authorized by s. 775.082, s. 775.084, or the Criminal
724 Punishment Code under chapter 921, then the sentence imposed by
725 the court must include the mandatory minimum term of
726 imprisonment as required in this section.
727 (d) It is the intent of the Legislature that offenders who
728 possess, carry, display, use, threaten to use, or attempt to use
729 a semiautomatic firearm and its high-capacity detachable box
730 magazine or a machine gun as defined in s. 790.001 be punished
731 to the fullest extent of the law, and the minimum terms of
732 imprisonment imposed pursuant to this subsection shall be
733 imposed for each qualifying felony count for which the person is
734 convicted. The court shall impose any term of imprisonment
735 provided for in this subsection consecutively to any other term
736 of imprisonment imposed for any other felony offense.
737 (e) As used in this subsection, the term:
738 1. “High-capacity detachable box magazine” means any
739 detachable box magazine, for use in a semiautomatic firearm,
740 which is capable of being loaded with more than 20 centerfire
741 cartridges.
742 2. “Semiautomatic firearm” means a firearm which is capable
743 of firing a series of rounds by separate successive depressions
744 of the trigger and which uses the energy of discharge to perform
745 a portion of the operating cycle.
746 Section 11. Section 775.0875, Florida Statutes, is amended
747 to read:
748 775.0875 Unlawful taking, possession, or use of law
749 enforcement officer’s firearm; crime reclassification;
750 penalties.—
751 (1) A person who, without authorization, takes a firearm
752 from a law enforcement officer lawfully engaged in law
753 enforcement duties commits a felony of the third degree,
754 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
755 (2) If a person violates subsection (1) and commits any
756 other crime involving the firearm taken from the law enforcement
757 officer, such crime shall be reclassified as follows:
758 (a)1. In the case of a felony of the first degree, to a
759 life felony.
760 2. In the case of a felony of the second degree, to a
761 felony of the first degree.
762 3. In the case of a felony of the third degree, to a felony
763 of the second degree.
764
765 For purposes of sentencing under chapter 921 and determining
766 incentive gain-time eligibility for rehabilitation credits under
767 chapter 944, a felony offense that is reclassified under this
768 paragraph is ranked one level above the ranking under s.
769 921.0022 or s. 921.0023 of the felony offense committed.
770 (b) In the case of a misdemeanor, to a felony of the third
771 degree. For purposes of sentencing under chapter 921 and
772 determining incentive gain-time eligibility for rehabilitation
773 credits under chapter 944, such offense is ranked in level 2 of
774 the offense severity ranking chart.
775 (3) A person who possesses a firearm that he or she knows
776 was unlawfully taken from a law enforcement officer commits a
777 misdemeanor of the first degree, punishable as provided in s.
778 775.082 or s. 775.083.
779 Section 12. Section 777.03, Florida Statutes, is amended to
780 read:
781 777.03 Accessory after the fact.—
782 (1)(a) Any person not standing in the relation of husband
783 or wife, parent or grandparent, child or grandchild, brother or
784 sister, by consanguinity or affinity to the offender, who
785 maintains or assists the principal or an accessory before the
786 fact, or gives the offender any other aid, knowing that the
787 offender had committed a crime and such crime was a third degree
788 felony, or had been an accessory thereto before the fact, with
789 the intent that the offender avoids or escapes detection,
790 arrest, trial, or punishment, is an accessory after the fact.
791 (b) Any person who maintains or assists the principal or
792 accessory before the fact, or gives the offender any other aid,
793 knowing that the offender had committed the offense of child
794 abuse, neglect of a child, aggravated child abuse, aggravated
795 manslaughter of a child under 18 years of age, or murder of a
796 child under 18 years of age, or had been an accessory thereto
797 before the fact, with the intent that the offender avoids or
798 escapes detection, arrest, trial, or punishment, is an accessory
799 after the fact unless the court finds that the person is a
800 victim of domestic violence.
801 (c) Any person who maintains or assists the principal or an
802 accessory before the fact, or gives the offender any other aid,
803 knowing that the offender had committed a crime and such crime
804 was a capital, life, first degree, or second degree felony, or
805 had been an accessory thereto before the fact, with the intent
806 that the offender avoids or escapes detection, arrest, trial, or
807 punishment, is an accessory after the fact.
808 (2)(a) If the felony offense committed is a capital felony,
809 the offense of accessory after the fact is a felony of the first
810 degree, punishable as provided in s. 775.082, s. 775.083, or s.
811 775.084.
812 (b) If the felony offense committed is a life felony or a
813 felony of the first degree, the offense of accessory after the
814 fact is a felony of the second degree, punishable as provided in
815 s. 775.082, s. 775.083, or s. 775.084.
816 (c) If the felony offense committed is a felony of the
817 second degree or a felony of the third degree ranked in level 3,
818 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the
819 offense of accessory after the fact is a felony of the third
820 degree, punishable as provided in s. 775.082, s. 775.083, or s.
821 775.084.
822 (d) If the felony offense committed is a felony of the
823 third degree ranked in level 1 or level 2 under s. 921.0022 or
824 s. 921.0023, the offense of accessory after the fact is a
825 misdemeanor of the first degree, punishable as provided in s.
826 775.082, s. 775.083, or s. 775.084.
827 (3) Except as otherwise provided in s. 921.0022, for
828 purposes of sentencing under chapter 921 and determining
829 incentive gain-time eligibility for rehabilitation credits under
830 chapter 944, the offense of accessory after the fact is ranked
831 two levels below the ranking under s. 921.0022 or s. 921.0023 of
832 the felony offense committed.
833 Section 13. Section 777.04, Florida Statutes, is amended to
834 read:
835 777.04 Attempts, solicitation, and conspiracy.—
836 (1) A person who attempts to commit an offense prohibited
837 by law and in such attempt does any act toward the commission of
838 such offense, but fails in the perpetration or is intercepted or
839 prevented in the execution thereof, commits the offense of
840 criminal attempt, ranked for purposes of sentencing as provided
841 in subsection (4). Criminal attempt includes the act of an adult
842 who, with intent to commit an offense prohibited by law,
843 allures, seduces, coaxes, or induces a child under the age of 12
844 to engage in an offense prohibited by law.
845 (2) A person who solicits another to commit an offense
846 prohibited by law and in the course of such solicitation
847 commands, encourages, hires, or requests another person to
848 engage in specific conduct which would constitute such offense
849 or an attempt to commit such offense commits the offense of
850 criminal solicitation, ranked for purposes of sentencing as
851 provided in subsection (4).
852 (3) A person who agrees, conspires, combines, or
853 confederates with another person or persons to commit any
854 offense commits the offense of criminal conspiracy, ranked for
855 purposes of sentencing as provided in subsection (4).
856 (4)(a) Except as otherwise provided in ss. 104.091(2),
857 379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,
858 the offense of criminal attempt, criminal solicitation, or
859 criminal conspiracy is ranked for purposes of sentencing under
860 chapter 921 and determining incentive gain-time eligibility for
861 rehabilitation credits under chapter 944 one level below the
862 ranking under s. 921.0022 or s. 921.0023 of the offense
863 attempted, solicited, or conspired to. If the criminal attempt,
864 criminal solicitation, or criminal conspiracy is of an offense
865 ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023,
866 such offense is a misdemeanor of the first degree, punishable as
867 provided in s. 775.082 or s. 775.083.
868 (b) If the offense attempted, solicited, or conspired to is
869 a capital felony, the offense of criminal attempt, criminal
870 solicitation, or criminal conspiracy is a felony of the first
871 degree, punishable as provided in s. 775.082, s. 775.083, or s.
872 775.084.
873 (c) Except as otherwise provided in s. 893.135(5), if the
874 offense attempted, solicited, or conspired to is a life felony
875 or a felony of the first degree, the offense of criminal
876 attempt, criminal solicitation, or criminal conspiracy is a
877 felony of the second degree, punishable as provided in s.
878 775.082, s. 775.083, or s. 775.084.
879 (d) Except as otherwise provided in s. 104.091(2), s.
880 379.2431(1), s. 828.125(2), or s. 849.25(4), if the offense
881 attempted, solicited, or conspired to is a:
882 1. Felony of the second degree;
883 2. Burglary that is a felony of the third degree; or
884 3. Felony of the third degree ranked in level 3, 4, 5, 6,
885 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
886
887 the offense of criminal attempt, criminal solicitation, or
888 criminal conspiracy is a felony of the third degree, punishable
889 as provided in s. 775.082, s. 775.083, or s. 775.084.
890 (e) Except as otherwise provided in s. 104.091(2), s.
891 379.2431(1), s. 849.25(4), or paragraph (d), if the offense
892 attempted, solicited, or conspired to is a felony of the third
893 degree, the offense of criminal attempt, criminal solicitation,
894 or criminal conspiracy is a misdemeanor of the first degree,
895 punishable as provided in s. 775.082 or s. 775.083.
896 (f) Except as otherwise provided in s. 104.091(2), if the
897 offense attempted, solicited, or conspired to is a misdemeanor
898 of the first or second degree, the offense of criminal attempt,
899 criminal solicitation, or criminal conspiracy is a misdemeanor
900 of the second degree, punishable as provided in s. 775.082 or s.
901 775.083.
902 (5) It is a defense to a charge of criminal attempt,
903 criminal solicitation, or criminal conspiracy that, under
904 circumstances manifesting a complete and voluntary renunciation
905 of his or her criminal purpose, the defendant:
906 (a) Abandoned his or her attempt to commit the offense or
907 otherwise prevented its commission;
908 (b) After soliciting another person to commit an offense,
909 persuaded such other person not to do so or otherwise prevented
910 commission of the offense; or
911 (c) After conspiring with one or more persons to commit an
912 offense, persuaded such persons not to do so or otherwise
913 prevented commission of the offense.
914 Section 14. Subsection (7) of section 794.011, Florida
915 Statutes, is amended to read:
916 794.011 Sexual battery.—
917 (7) A person who is convicted of committing a sexual
918 battery on or after October 1, 1992, is not eligible for good
919 behavior basic gain-time under s. 944.275. This subsection may
920 be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
921 Section 15. Section 794.023, Florida Statutes, is amended
922 to read:
923 794.023 Sexual battery by multiple perpetrators;
924 reclassification of offenses.—
925 (1) The Legislature finds that an act of sexual battery,
926 when committed by more than one person, presents a great danger
927 to the public and is extremely offensive to civilized society.
928 It is therefore the intent of the Legislature to reclassify
929 offenses for acts of sexual battery committed by more than one
930 person.
931 (2) A violation of s. 794.011 shall be reclassified as
932 provided in this subsection if it is charged and proven by the
933 prosecution that, during the same criminal transaction or
934 episode, more than one person committed an act of sexual battery
935 on the same victim.
936 (a) A felony of the second degree is reclassified to a
937 felony of the first degree.
938 (b) A felony of the first degree is reclassified to a life
939 felony.
940
941 This subsection does not apply to life felonies or capital
942 felonies. For purposes of sentencing under chapter 921 and
943 determining incentive gain-time eligibility for rehabilitation
944 credits under chapter 944, a felony offense that is reclassified
945 under this subsection is ranked one level above the ranking
946 under s. 921.0022 or s. 921.0023 of the offense committed.
947 Section 16. Subsection (5) of section 817.568, Florida
948 Statutes, is amended to read:
949 817.568 Criminal use of personal identification
950 information.—
951 (5) If an offense prohibited under this section was
952 facilitated or furthered by the use of a public record, as
953 defined in s. 119.011, the offense is reclassified to the next
954 higher degree as follows:
955 (a) A misdemeanor of the first degree is reclassified as a
956 felony of the third degree.
957 (b) A felony of the third degree is reclassified as a
958 felony of the second degree.
959 (c) A felony of the second degree is reclassified as a
960 felony of the first degree.
961
962 For purposes of sentencing under chapter 921 and incentive gain
963 time eligibility for rehabilitation credits under chapter 944, a
964 felony offense that is reclassified under this subsection is
965 ranked one level above the ranking under s. 921.0022 of the
966 felony offense committed, and a misdemeanor offense that is
967 reclassified under this subsection is ranked in level 2 of the
968 offense severity ranking chart in s. 921.0022.
969 Section 17. Subsection (3) of section 831.032, Florida
970 Statutes, is amended to read:
971 831.032 Offenses involving forging or counterfeiting
972 private labels.—
973 (3)(a) Violation of subsection (1) or subsection (2) is a
974 misdemeanor of the first degree, punishable as provided in s.
975 775.082 or s. 775.083, except that:
976 1. A violation of subsection (1) or subsection (2) is a
977 felony of the third degree, punishable as provided in s.
978 775.082, s. 775.083, or s. 775.084, if the offense involves 100
979 or more but less than 1,000 items bearing one or more
980 counterfeit marks or if the goods involved in the offense have a
981 total retail value of more than $2,500, but less than $20,000.
982 2. A violation of subsection (1) or subsection (2) is a
983 felony of the second degree, punishable as provided in s.
984 775.082, s. 775.083, or s. 775.084, if the offense involves
985 1,000 or more items bearing one or more counterfeit marks or if
986 the goods involved in the offense have a total retail value of
987 $20,000 or more.
988 3. A violation of subsection (1) or subsection (2) is a
989 felony of the third degree, punishable as provided in s.
990 775.082, s. 775.083, or s. 775.084 if, during the commission or
991 as a result of the commission of the offense, the person
992 engaging in the offense knowingly or by culpable negligence
993 causes or allows to be caused bodily injury to another.
994 4. A violation of subsection (1) or subsection (2) is a
995 felony of the second degree, punishable as provided in s.
996 775.082, s. 775.083, or s. 775.084 if, during the commission or
997 as a result of the commission of the offense, the person
998 engaging in the offense knowingly or by culpable negligence
999 causes or allows to be caused serious bodily injury to another.
1000 5. A violation of subsection (1) or subsection (2) is a
1001 felony of the first degree, punishable as provided in s.
1002 775.082, s. 775.083, or s. 775.084 if, during the commission or
1003 as a result of the commission of the offense, the person
1004 engaging in the offense knowingly or by culpable negligence
1005 causes or allows to be caused death to another.
1006 (b) For any person who, having previously been convicted
1007 for an offense under this section, is subsequently convicted for
1008 another offense under this section, such subsequent offense
1009 shall be reclassified as follows:
1010 1. In the case of a felony of the second degree, to a
1011 felony of the first degree.
1012 2. In the case of a felony of the third degree, to a felony
1013 of the second degree.
1014 3. In the case of a misdemeanor of the first degree, to a
1015 felony of the third degree. For purposes of sentencing under
1016 chapter 921 and determining incentive gain-time eligibility
1017 under chapter 944, such offense is ranked in level 4 of the
1018 offense severity ranking chart.
1019
1020 For purposes of sentencing under chapter 921 and determining
1021 incentive gain-time eligibility for rehabilitation credits under
1022 chapter 944, a felony offense that is reclassified under this
1023 paragraph is ranked one level above the ranking under s.
1024 921.0022 or s. 921.0023 of the felony offense committed.
1025 (c) In lieu of a fine otherwise authorized by law, when any
1026 person has been convicted of an offense under this section, the
1027 court may fine the person up to three times the retail value of
1028 the goods seized, manufactured, or sold, whichever is greater,
1029 and may enter orders awarding court costs and the costs of
1030 investigation and prosecution, reasonably incurred. The court
1031 shall hold a hearing to determine the amount of the fine
1032 authorized by this paragraph.
1033 (d) When a person is convicted of an offense under this
1034 section, the court, pursuant to s. 775.089, shall order the
1035 person to pay restitution to the trademark owner and any other
1036 victim of the offense. In determining the value of the property
1037 loss to the trademark owner, the court shall include expenses
1038 incurred by the trademark owner in the investigation or
1039 prosecution of the offense as well as the disgorgement of any
1040 profits realized by a person convicted of the offense.
1041 Section 18. Section 843.22, Florida Statutes, is amended to
1042 read:
1043 843.22 Traveling across county lines with intent to commit
1044 a burglary.—
1045 (1) As used in this section, the term:
1046 (a) “County of residence” means the county within this
1047 state in which a person resides. Evidence of a person’s county
1048 of residence includes, but is not limited to:
1049 1. The address on a person’s driver license or state
1050 identification card;
1051 2. Records of real property or mobile home ownership;
1052 3. Records of a lease agreement for residential property;
1053 4. The county in which a person’s motor vehicle is
1054 registered;
1055 5. The county in which a person is enrolled in an
1056 educational institution; and
1057 6. The county in which a person is employed.
1058 (b) “Burglary” means burglary as defined in s. 810.02,
1059 including an attempt, solicitation, or conspiracy to commit such
1060 offense.
1061 (2) If a person who commits a burglary travels any distance
1062 with the intent to commit the burglary in a county in this state
1063 other than the person’s county of residence, the degree of the
1064 burglary shall be reclassified to the next higher degree if the
1065 purpose of the person’s travel is to thwart law enforcement
1066 attempts to track the items stolen in the burglary. For purposes
1067 of sentencing under chapter 921 and determining incentive gain
1068 time eligibility for rehabilitation credits under chapter 944, a
1069 burglary that is reclassified under this section is ranked one
1070 level above the ranking specified in s. 921.0022 or s. 921.0023
1071 for the burglary committed.
1072 Section 19. Section 874.04, Florida Statutes, is amended to
1073 read:
1074 874.04 Gang-related offenses; enhanced penalties.—Upon a
1075 finding by the factfinder that the defendant committed the
1076 charged offense for the purpose of benefiting, promoting, or
1077 furthering the interests of a criminal gang, the penalty for any
1078 felony or misdemeanor, or any delinquent act or violation of law
1079 which would be a felony or misdemeanor if committed by an adult,
1080 may be enhanced. Penalty enhancement affects the applicable
1081 statutory maximum penalty only. Each of the findings required as
1082 a basis for such sentence shall be found beyond a reasonable
1083 doubt. The enhancement will be as follows:
1084 (1)(a) A misdemeanor of the second degree may be punished
1085 as if it were a misdemeanor of the first degree.
1086 (b) A misdemeanor of the first degree may be punished as if
1087 it were a felony of the third degree. For purposes of sentencing
1088 under chapter 921 and determining incentive gain-time
1089 eligibility under chapter 944, such offense is ranked in level 1
1090 of the offense severity ranking chart. The criminal gang
1091 multiplier in s. 921.0024 does not apply to misdemeanors
1092 enhanced under this paragraph.
1093 (2)(a) A felony of the third degree may be punished as if
1094 it were a felony of the second degree.
1095 (b) A felony of the second degree may be punished as if it
1096 were a felony of the first degree.
1097 (c) A felony of the first degree may be punished as if it
1098 were a life felony.
1099
1100 For purposes of sentencing under chapter 921 and determining
1101 incentive gain-time eligibility for rehabilitation credits under
1102 chapter 944, such felony offense is ranked as provided in s.
1103 921.0022 or s. 921.0023, and without regard to the penalty
1104 enhancement in this subsection.
1105 Section 20. Section 944.281, Florida Statutes, is amended
1106 to read:
1107 944.281 Ineligibility to earn gain-time due to disciplinary
1108 action.—The department may declare that a prisoner who commits a
1109 violation of any law of the state or rule or regulation of the
1110 department or institution on or after January 1, 1996, and who
1111 is found guilty pursuant to s. 944.28(2), shall not be eligible
1112 to earn rehabilitation credits incentive gain-time for up to 6
1113 months following the month in which the violation occurred. The
1114 department shall adopt rules to administer the provisions of
1115 this section.
1116 Section 21. Subsection (1) of section 944.473, Florida
1117 Statutes, is amended to read:
1118 944.473 Inmate substance abuse testing program.—
1119 (1) RULES AND PROCEDURES.—The department shall establish
1120 programs for random and reasonable suspicion drug and alcohol
1121 testing by urinalysis or other noninvasive procedure for inmates
1122 to effectively identify those inmates abusing drugs, alcohol, or
1123 both. The department shall also adopt rules relating to fair,
1124 economical, and accurate operations and procedures of a random
1125 inmate substance abuse testing program and a reasonable
1126 suspicion substance abuse testing program by urinalysis or other
1127 noninvasive procedure which enumerate penalties for positive
1128 test results, including but not limited to the forfeiture of
1129 both good behavior time and rehabilitation credits basic and
1130 incentive gain-time, and which do not limit the number of times
1131 an inmate may be tested in any one fiscal or calendar year.
1132 Section 22. Subsection (1) of section 944.70, Florida
1133 Statutes, is amended to read:
1134 944.70 Conditions for release from incarceration.—
1135 (1)(a) A person who is convicted of a crime committed on or
1136 after October 1, 1983, but before January 1, 1994, may be
1137 released from incarceration only:
1138 1. Upon expiration of the person’s sentence;
1139 2. Upon expiration of the person’s sentence as reduced by
1140 accumulated gain-time;
1141 3. As directed by an executive order granting clemency;
1142 4. Upon attaining the provisional release date;
1143 5. Upon placement in a conditional release program pursuant
1144 to s. 947.1405; or
1145 6. Upon the granting of control release pursuant to s.
1146 947.146.
1147 (b) A person who is convicted of a crime committed on or
1148 after January 1, 1994, may be released from incarceration only:
1149 1. Upon expiration of the person’s sentence;
1150 2. Upon expiration of the person’s sentence as reduced by
1151 accumulated rehabilitation credits and outstanding deed awards
1152 meritorious or incentive gain-time;
1153 3. As directed by an executive order granting clemency;
1154 4. Upon placement in a conditional release program pursuant
1155 to s. 947.1405 or a conditional medical release program pursuant
1156 to s. 947.149; or
1157 5. Upon the granting of control release, including
1158 emergency control release, pursuant to s. 947.146.
1159 Section 23. For the purpose of incorporating the amendment
1160 made by this act to section 944.275, Florida Statutes, in a
1161 reference thereto, paragraph (k) of subsection (4) of section
1162 775.084, Florida Statutes, is reenacted to read:
1163 775.084 Violent career criminals; habitual felony offenders
1164 and habitual violent felony offenders; three-time violent felony
1165 offenders; definitions; procedure; enhanced penalties or
1166 mandatory minimum prison terms.—
1167 (4)
1168 (k)1. A defendant sentenced under this section as a
1169 habitual felony offender, a habitual violent felony offender, or
1170 a violent career criminal is eligible for gain-time granted by
1171 the Department of Corrections as provided in s. 944.275(4)(b).
1172 2. For an offense committed on or after October 1, 1995, a
1173 defendant sentenced under this section as a violent career
1174 criminal is not eligible for any form of discretionary early
1175 release, other than pardon or executive clemency, or conditional
1176 medical release granted pursuant to s. 947.149.
1177 3. For an offense committed on or after July 1, 1999, a
1178 defendant sentenced under this section as a three-time violent
1179 felony offender shall be released only by expiration of sentence
1180 and shall not be eligible for parole, control release, or any
1181 form of early release.
1182 Section 24. For the purpose of incorporating the amendment
1183 made by this act to section 944.275, Florida Statutes, in
1184 references thereto, paragraph (v) of subsection (2) and
1185 paragraph (e) of subsection (3) of section 900.05, Florida
1186 Statutes, are reenacted to read:
1187 900.05 Criminal justice data collection.—
1188 (2) DEFINITIONS.—As used in this section, the term:
1189 (v) “Gain-time credit earned” means a credit of time
1190 awarded to an inmate in a county detention facility in
1191 accordance with s. 951.21 or a state correctional institution or
1192 facility in accordance with s. 944.275.
1193 (3) DATA COLLECTION AND REPORTING.—An entity required to
1194 collect data in accordance with this subsection shall collect
1195 the specified data and report them in accordance with this
1196 subsection to the Department of Law Enforcement on a monthly
1197 basis.
1198 (e) Department of Corrections.—The Department of
1199 Corrections shall collect the following data:
1200 1. Information related to each inmate, including:
1201 a. Identifying information, including name, date of birth,
1202 race, ethnicity, gender, case number, and identification number
1203 assigned by the department.
1204 b. Highest education level.
1205 c. Date the inmate was admitted to the custody of the
1206 department for his or her current incarceration.
1207 d. Current institution placement and the security level
1208 assigned to the institution.
1209 e. Custody level assignment.
1210 f. Qualification for a flag designation as defined in this
1211 section, including sexual offender flag, habitual offender flag,
1212 habitual violent felony offender flag, prison releasee
1213 reoffender flag, three-time violent felony offender flag,
1214 violent career criminal flag, gang affiliation flag, or
1215 concurrent or consecutive sentence flag.
1216 g. County that committed the prisoner to the custody of the
1217 department.
1218 h. Whether the reason for admission to the department is
1219 for a new conviction or a violation of probation, community
1220 control, or parole. For an admission for a probation, community
1221 control, or parole violation, the department shall report
1222 whether the violation was technical or based on a new violation
1223 of law.
1224 i. Specific statutory citation for which the inmate was
1225 committed to the department, including, for an inmate convicted
1226 of drug trafficking under s. 893.135, the statutory citation for
1227 each specific drug trafficked.
1228 j. Length of sentence served.
1229 k. Length of concurrent or consecutive sentences served.
1230 l. Tentative release date.
1231 m. Gain time earned in accordance with s. 944.275.
1232 n. Prior incarceration within the state.
1233 o. Disciplinary violation and action.
1234 p. Participation in rehabilitative or educational programs
1235 while in the custody of the department.
1236 q. Digitized sentencing scoresheet prepared in accordance
1237 with s. 921.0024.
1238 2. Information about each state correctional institution or
1239 facility, including:
1240 a. Budget for each state correctional institution or
1241 facility.
1242 b. Daily prison population of all inmates incarcerated in a
1243 state correctional institution or facility.
1244 c. Daily number of correctional officers for each state
1245 correctional institution or facility.
1246 3. Information related to persons supervised by the
1247 department on probation or community control, including:
1248 a. Identifying information for each person supervised by
1249 the department on probation or community control, including his
1250 or her name, date of birth, race, ethnicity, gender, case
1251 number, and department-assigned case number.
1252 b. Length of probation or community control sentence
1253 imposed and amount of time that has been served on such
1254 sentence.
1255 c. Projected termination date for probation or community
1256 control.
1257 d. Revocation of probation or community control due to a
1258 violation, including whether the revocation is due to a
1259 technical violation of the conditions of supervision or from the
1260 commission of a new law violation.
1261 4. Per diem rates for:
1262 a. Prison bed.
1263 b. Probation.
1264 c. Community control.
1265
1266 This information only needs to be reported once annually at the
1267 time the most recent per diem rate is published.
1268 Section 25. For the purpose of incorporating the amendment
1269 made in this act to section 944.275, Florida statutes, in
1270 reference thereto, section 944.28, Florida Statutes, is
1271 reenacted to read:
1272 944.28 Forfeiture of gain-time and the right to earn gain
1273 time in the future.—
1274 (1) If a prisoner is convicted of escape, or if the
1275 clemency, conditional release as described in chapter 947,
1276 probation or community control as described in chapter 948,
1277 provisional release as described in s. 944.277, parole, or
1278 control release as described in s. 947.146 granted to the
1279 prisoner is revoked, the department may, without notice or
1280 hearing, declare a forfeiture of all gain-time earned according
1281 to the provisions of law by such prisoner prior to such escape
1282 or his or her release under such clemency, conditional release,
1283 probation, community control, provisional release, control
1284 release, or parole.
1285 (2)(a) All or any part of the gain-time earned by a
1286 prisoner according to the provisions of law is subject to
1287 forfeiture if such prisoner unsuccessfully attempts to escape;
1288 assaults another person; threatens or knowingly endangers the
1289 life or person of another person; refuses by action or word to
1290 carry out any instruction duly given to him or her; neglects to
1291 perform in a faithful, diligent, industrious, orderly, and
1292 peaceful manner the work, duties, and tasks assigned to him or
1293 her; is found by a court to have brought a frivolous suit,
1294 action, claim, proceeding, or appeal in any court; is found by a
1295 court to have knowingly or with reckless disregard for the truth
1296 brought false information or evidence before the court; or
1297 violates any law of the state or any rule or regulation of the
1298 department or institution.
1299 (b) A prisoner’s right to earn gain-time during all or any
1300 part of the remainder of the sentence or sentences under which
1301 he or she is imprisoned may be declared forfeited because of the
1302 seriousness of a single instance of misconduct or because of the
1303 seriousness of an accumulation of instances of misconduct.
1304 (c) The method of declaring a forfeiture under paragraph
1305 (a) or paragraph (b) shall be as follows: A written charge shall
1306 be prepared, which shall specify each instance of misconduct
1307 upon which it is based and the approximate date thereof. A copy
1308 of such charge shall be delivered to the prisoner, and he or she
1309 shall be given notice of a hearing before the disciplinary
1310 committee created under the authorization of rules heretofore or
1311 hereafter adopted by the department for the institution in which
1312 he or she is confined. The prisoner shall be present at the
1313 hearing. If at such hearing the prisoner pleads guilty to the
1314 charge or if the committee determines that the prisoner is
1315 guilty thereof upon the basis of proof presented at such
1316 hearing, it shall find him or her guilty. If the committee
1317 considers that all or part of the prisoner’s gain-time and the
1318 prisoner’s right to earn gain-time during all or any part of the
1319 sentence or sentences under which he or she is imprisoned shall
1320 be forfeited, it shall so recommend in its written report. Such
1321 report shall be presented to the warden of the institution, who
1322 may approve such recommendation in whole or in part by endorsing
1323 such approval on the report. In the event of approval, the
1324 warden shall forward the report to the department. Thereupon,
1325 the department may, in its discretion, declare the forfeiture
1326 thus approved by the warden or any specified part thereof.
1327 (3) Upon the recommendation of the warden, the department
1328 may, in its discretion, restore all or any part of any gain-time
1329 forfeited under this section.
1330 Section 26. For the purpose of incorporating the amendment
1331 made by this act to section 944.275, Florida Statutes, in a
1332 reference thereto, subsection (1) of section 944.605, Florida
1333 Statutes, is reenacted to read:
1334 944.605 Inmate release; notification; identification card.—
1335 (1) Within 6 months before the release of an inmate from
1336 the custody of the Department of Corrections or a private
1337 correctional facility by expiration of sentence under s.
1338 944.275, any release program provided by law, or parole under
1339 chapter 947, or as soon as possible if the offender is released
1340 earlier than anticipated, notification of such anticipated
1341 release date shall be made known by the Department of
1342 Corrections to the chief judge of the circuit in which the
1343 offender was sentenced, the appropriate state attorney, the
1344 original arresting law enforcement agency, the Department of Law
1345 Enforcement, and the sheriff as chief law enforcement officer of
1346 the county in which the inmate plans to reside. In addition,
1347 unless otherwise requested by the victim, the victim’s parent or
1348 guardian if the victim is a minor, the lawful representative of
1349 the victim or of the victim’s parent or guardian if the victim
1350 is a minor, the victim’s next of kin in the case of a homicide,
1351 the state attorney or the Department of Corrections, whichever
1352 is appropriate, shall notify such person within 6 months before
1353 the inmate’s release, or as soon as possible if the offender is
1354 released earlier than anticipated, when the name and address of
1355 such victim, or the name and address of the parent, guardian,
1356 next of kin, or lawful representative of the victim has been
1357 furnished to the agency. The state attorney shall provide the
1358 latest address documented for the victim, or for the victim’s
1359 parent, guardian, next of kin, or lawful representative, as
1360 applicable, to the sheriff with the other documents required by
1361 law for the delivery of inmates to those agencies for service of
1362 sentence. Upon request, within 30 days after an inmate is
1363 approved for community work release, the state attorney, the
1364 victim, the victim’s parent or guardian if the victim is a
1365 minor, the victim’s next of kin in the case of a homicide, or
1366 the lawful representative of the victim or of the victim’s
1367 parent or guardian if the victim is a minor shall be notified
1368 that the inmate has been approved for community work release.
1369 This section does not imply any repeal or modification of any
1370 provision of law relating to notification of victims.
1371 Section 27. For the purpose of incorporating the amendment
1372 made by this act to section 944.275, Florida Statutes, in a
1373 reference thereto, subsection (6) of section 944.607, Florida
1374 Statutes, is reenacted to read:
1375 944.607 Notification to Department of Law Enforcement of
1376 information on sexual offenders.—
1377 (6) The information provided to the Department of Law
1378 Enforcement must include:
1379 (a) The information obtained from the sexual offender under
1380 subsection (4);
1381 (b) The sexual offender’s most current address, place of
1382 permanent, temporary, or transient residence within the state or
1383 out of state, and address, location or description, and dates of
1384 any current or known future temporary residence within the state
1385 or out of state, while the sexual offender is under supervision
1386 in this state, including the name of the county or municipality
1387 in which the offender permanently or temporarily resides, or has
1388 a transient residence, and address, location or description, and
1389 dates of any current or known future temporary residence within
1390 the state or out of state, and, if known, the intended place of
1391 permanent, temporary, or transient residence, and address,
1392 location or description, and dates of any current or known
1393 future temporary residence within the state or out of state upon
1394 satisfaction of all sanctions;
1395 (c) The legal status of the sexual offender and the
1396 scheduled termination date of that legal status;
1397 (d) The location of, and local telephone number for, any
1398 Department of Corrections’ office that is responsible for
1399 supervising the sexual offender;
1400 (e) An indication of whether the victim of the offense that
1401 resulted in the offender’s status as a sexual offender was a
1402 minor;
1403 (f) The offense or offenses at conviction which resulted in
1404 the determination of the offender’s status as a sex offender;
1405 and
1406 (g) A digitized photograph of the sexual offender which
1407 must have been taken within 60 days before the offender is
1408 released from the custody of the department or a private
1409 correctional facility by expiration of sentence under s. 944.275
1410 or must have been taken by January 1, 1998, or within 60 days
1411 after the onset of the department’s supervision of any sexual
1412 offender who is on probation, community control, conditional
1413 release, parole, provisional release, or control release or who
1414 is supervised by the department under the Interstate Compact
1415 Agreement for Probationers and Parolees. If the sexual offender
1416 is in the custody of a private correctional facility, the
1417 facility shall take a digitized photograph of the sexual
1418 offender within the time period provided in this paragraph and
1419 shall provide the photograph to the department.
1420
1421 If any information provided by the department changes during the
1422 time the sexual offender is under the department’s control,
1423 custody, or supervision, including any change in the offender’s
1424 name by reason of marriage or other legal process, the
1425 department shall, in a timely manner, update the information and
1426 provide it to the Department of Law Enforcement in the manner
1427 prescribed in subsection (2).
1428 Section 28. For the purpose of incorporating the amendment
1429 made by this act to section 944.275, Florida Statutes, in a
1430 reference thereto, subsection (15) of section 947.005, Florida
1431 Statutes, is reenacted to read:
1432 947.005 Definitions.—As used in this chapter, unless the
1433 context clearly indicates otherwise:
1434 (15) “Tentative release date” means the date projected for
1435 the prisoner’s release from custody by virtue of gain-time
1436 granted or forfeited pursuant to s. 944.275(3)(a).
1437 Section 29. For the purpose of incorporating the amendment
1438 made by this act to section 944.275, Florida Statutes, in a
1439 reference thereto, paragraph (a) of subsection (6) of section
1440 985.4815, Florida Statutes, is reenacted to read:
1441 985.4815 Notification to Department of Law Enforcement of
1442 information on juvenile sexual offenders.—
1443 (6)(a) The information provided to the Department of Law
1444 Enforcement must include the following:
1445 1. The information obtained from the sexual offender under
1446 subsection (4).
1447 2. The sexual offender’s most current address and place of
1448 permanent, temporary, or transient residence within the state or
1449 out of state, and address, location or description, and dates of
1450 any current or known future temporary residence within the state
1451 or out of state, while the sexual offender is in the care or
1452 custody or under the jurisdiction or supervision of the
1453 department in this state, including the name of the county or
1454 municipality in which the offender permanently or temporarily
1455 resides, or has a transient residence, and address, location or
1456 description, and dates of any current or known future temporary
1457 residence within the state or out of state; and, if known, the
1458 intended place of permanent, temporary, or transient residence,
1459 and address, location or description, and dates of any current
1460 or known future temporary residence within the state or out of
1461 state upon satisfaction of all sanctions.
1462 3. The legal status of the sexual offender and the
1463 scheduled termination date of that legal status.
1464 4. The location of, and local telephone number for, any
1465 department office that is responsible for supervising the sexual
1466 offender.
1467 5. An indication of whether the victim of the offense that
1468 resulted in the offender’s status as a sexual offender was a
1469 minor.
1470 6. The offense or offenses at adjudication and disposition
1471 that resulted in the determination of the offender’s status as a
1472 sex offender.
1473 7. A digitized photograph of the sexual offender, which
1474 must have been taken within 60 days before the offender was
1475 released from the custody of the department or a private
1476 correctional facility by expiration of sentence under s.
1477 944.275, or within 60 days after the onset of the department’s
1478 supervision of any sexual offender who is on probation,
1479 postcommitment probation, residential commitment, nonresidential
1480 commitment, licensed child-caring commitment, community control,
1481 conditional release, parole, provisional release, or control
1482 release or who is supervised by the department under the
1483 Interstate Compact Agreement for Probationers and Parolees. If
1484 the sexual offender is in the custody of a private correctional
1485 facility, the facility shall take a digitized photograph of the
1486 sexual offender within the time period provided in this
1487 subparagraph and shall provide the photograph to the department.
1488 Section 30. This act shall take effect July 1, 2021.