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.