Florida Senate - 2022                                     SB 470
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00673-22                                            2022470__
    1                        A bill to be entitled                      
    2         An act relating to revising penalties for nonviolent
    3         offenses; amending s. 893.13, F.S.; conforming a
    4         provision to changes made by the act; creating s.
    5         893.131, F.S.; authorizing the issuance of civil
    6         citations for the possession of 20 grams or less of
    7         cannabis and the possession of drug paraphernalia used
    8         in connection with the consumption of cannabis;
    9         providing for civil fines; providing for community
   10         service in lieu of civil fines; limiting the number of
   11         civil citations that a person may receive; providing
   12         that a person who contests the violation waives a
   13         specified civil penalty and may receive a larger
   14         penalty upon a finding of a violation; providing for
   15         entry of default judgment in cases of noncompliance;
   16         amending s. 893.147, F.S.; conforming a provision to
   17         changes made by the act; amending s. 921.002, F.S.;
   18         revising a principle of the Criminal Punishment Code
   19         relating to a prisoner’s required minimum term of
   20         imprisonment; amending s. 944.275, F.S.; revising the
   21         incentive gain-time that the Department of Corrections
   22         may grant a prisoner; providing exceptions; providing
   23         an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (b) of subsection (6) of section
   28  893.13, Florida Statutes, is amended to read:
   29         893.13 Prohibited acts; penalties.—
   30         (6)
   31         (b) If the offense is the possession of 20 grams or less of
   32  cannabis, as defined in this chapter, the person commits a
   33  misdemeanor of the first degree, punishable as provided in s.
   34  775.082 or s. 775.083, or the person may be issued a civil
   35  citation under s. 893.131. As used in this subsection, the term
   36  “cannabis” does not include the resin extracted from the plants
   37  of the genus Cannabis, or any compound manufacture, salt,
   38  derivative, mixture, or preparation of such resin.
   39         Section 2. Section 893.131, Florida Statutes, is created to
   40  read:
   41         893.131Cannabis offenses; civil citations.—
   42         (1)The following misdemeanor violations are declared civil
   43  infractions, and a person committing such violation may be
   44  issued a civil citation at the discretion of a law enforcement
   45  officer, provided that such violation is not charged in
   46  conjunction with any criminal charge:
   47         (a)Possession, by a person 18 years of age or older, of
   48  cannabis in an amount of 20 grams or less, as provided in s.
   49  893.13(6)(b).
   50         (b)Possession, by a person 18 years of age or older, of
   51  drug paraphernalia, as defined in s. 893.145, used in connection
   52  with the consumption of cannabis.
   53         (2)(a)A person who is issued a civil citation pursuant to
   54  this section is subject to a civil fine of $100 plus court
   55  costs.
   56         (b)In lieu of paying the civil fine under paragraph (a), a
   57  person who is issued a civil citation pursuant to this section
   58  may elect to participate in 10 hours of community service at a
   59  community service agency. The community service agency
   60  supervising the person shall record the number of hours of
   61  community service completed and the date on which the community
   62  service hours were completed. The community service agency shall
   63  submit the data to the clerk of the court on the letterhead of
   64  the community service agency, which must also bear the notarized
   65  signature of the person designated to represent the community
   66  service agency.
   67         (c)A person may not receive more than two civil citations
   68  pursuant to this section.
   69         (d)The county court shall have jurisdiction over all
   70  violations of this section.
   71         (e)The clerk of the court shall accept designated fines,
   72  issue receipts for the payment of such fines, and accept proof
   73  of satisfactory completion of community service.
   74         (f)A person issued a civil citation pursuant to subsection
   75  (1) shall comply with all directives on such citation.
   76         (g)A person who fails to make payment as provided on the
   77  civil citation, and fails to satisfactorily complete community
   78  service within the period specified on such citation, is deemed
   79  to have waived his or her right to pay the civil penalty as set
   80  forth on such citation.
   81         (h)A person who elects to appear before the court to
   82  contest the civil citation is deemed to have waived his or her
   83  right to pay the civil penalty. The court, after conducting a
   84  hearing, shall determine whether a violation has occurred and
   85  may impose a civil penalty not to exceed $500 plus court costs.
   86         (i)If a person fails to pay the civil penalty and fails to
   87  satisfactorily complete community service, or fails to appear in
   88  court to contest the civil citation, he or she is deemed to have
   89  waived his or her right to contest such citation, a default
   90  judgment may be entered, and the judge shall impose a civil
   91  fine. If the civil fine is paid, the case shall be disposed of.
   92  If the civil fine is not paid, and no proof of satisfactory
   93  completion of community service is provided, a default judgment
   94  shall be entered up to the maximum civil penalty of $500 plus
   95  court costs.
   96         Section 3. Subsection (1) of section 893.147, Florida
   97  Statutes, is amended to read:
   98         893.147 Use, possession, manufacture, delivery,
   99  transportation, advertisement, or retail sale of drug
  100  paraphernalia, specified machines, and materials.—
  101         (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—It is unlawful
  102  for any person to use, or to possess with intent to use, drug
  103  paraphernalia:
  104         (a) To plant, propagate, cultivate, grow, harvest,
  105  manufacture, compound, convert, produce, process, prepare, test,
  106  analyze, pack, repack, store, contain, or conceal a controlled
  107  substance in violation of this chapter; or
  108         (b) To inject, ingest, inhale, or otherwise introduce into
  109  the human body a controlled substance in violation of this
  110  chapter.
  111  
  112  A Any person who violates this subsection commits is guilty of a
  113  misdemeanor of the first degree, punishable as provided in s.
  114  775.082 or s. 775.083, or, for violations involving cannabis
  115  paraphernalia, a person who violates this subsection may be
  116  issued a civil citation under s. 893.131.
  117         Section 4. Paragraph (e) of subsection (1) of section
  118  921.002, Florida Statutes, is amended to read:
  119         921.002 The Criminal Punishment Code.—The Criminal
  120  Punishment Code shall apply to all felony offenses, except
  121  capital felonies, committed on or after October 1, 1998.
  122         (1) The provision of criminal penalties and of limitations
  123  upon the application of such penalties is a matter of
  124  predominantly substantive law and, as such, is a matter properly
  125  addressed by the Legislature. The Legislature, in the exercise
  126  of its authority and responsibility to establish sentencing
  127  criteria, to provide for the imposition of criminal penalties,
  128  and to make the best use of state prisons so that violent
  129  criminal offenders are appropriately incarcerated, has
  130  determined that it is in the best interest of the state to
  131  develop, implement, and revise a sentencing policy. The Criminal
  132  Punishment Code embodies the principles that:
  133         (e) The sentence imposed by the sentencing judge reflects
  134  the length of actual time to be served, shortened only by the
  135  application of incentive and meritorious gain-time as provided
  136  by law, and may not be shortened if the defendant would
  137  consequently serve less than 75 percent of his or her term of
  138  imprisonment as provided in s. 944.275(4)(b)3.a. or less than 85
  139  percent of his or her term of imprisonment as provided in s.
  140  944.275(4). The provisions of chapter 947, relating to parole
  141  do, shall not apply to persons sentenced under the Criminal
  142  Punishment Code.
  143         Section 5. Paragraphs (b) and (f) of subsection (4) of
  144  section 944.275, Florida Statutes, are amended to read:
  145         944.275 Gain-time.—
  146         (4)
  147         (b) For each month in which an inmate works diligently,
  148  participates in training, uses time constructively, or otherwise
  149  engages in positive activities, the department may grant
  150  incentive gain-time in accordance with this paragraph. The rate
  151  of incentive gain-time in effect on the date the inmate
  152  committed the offense that which resulted in his or her
  153  incarceration shall be the inmate’s rate of eligibility to earn
  154  incentive gain-time throughout the period of incarceration and
  155  may shall not be altered by a subsequent change in the severity
  156  level of the offense for which the inmate was sentenced.
  157         1. For sentences imposed for offenses committed before
  158  prior to January 1, 1994, up to 20 days of incentive gain-time
  159  may be granted. If granted, such gain-time shall be credited and
  160  applied monthly.
  161         2. For sentences imposed for offenses committed on or after
  162  January 1, 1994, and before October 1, 1995:
  163         a. For offenses ranked in offense severity levels 1 through
  164  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
  165  of incentive gain-time may be granted. If granted, such gain
  166  time shall be credited and applied monthly.
  167         b. For offenses ranked in offense severity levels 8, 9, and
  168  10, under former s. 921.0012 or former s. 921.0013, up to 20
  169  days of incentive gain-time may be granted. If granted, such
  170  gain-time shall be credited and applied monthly.
  171         3. For sentences imposed for offenses, regardless of the
  172  date committed, up to 20 days per month of incentive gain-time
  173  may be granted, except that:
  174         a. If the offense is a nonviolent felony as defined in s.
  175  948.08(6)(a), the prisoner is not eligible to earn any type of
  176  gain-time in an amount that would cause the prisoner’s sentence
  177  to expire, end, or terminate, or that would result in the
  178  prisoner’s release, before he or she serves a minimum of 75
  179  percent of the sentence imposed. For purposes of this sub
  180  subparagraph, credits awarded by the court for time physically
  181  incarcerated must be credited toward satisfaction of 75 percent
  182  of the sentence imposed. A prisoner who is granted incentive
  183  gain-time pursuant to this sub-subparagraph may not accumulate
  184  further gain-time awards at any point when the prisoner’s
  185  tentative release date is the same as that date at which the
  186  prisoner will have served 75 percent of the sentence imposed.
  187  State prisoners sentenced to life imprisonment must be
  188  incarcerated for the rest of their natural lives unless granted
  189  pardon or clemency.
  190         b. If the offense is not a nonviolent felony as defined in
  191  s. 948.08(6)(a), the prisoner is not eligible to earn any type
  192  of gain-time in an amount that would cause the prisoner’s
  193  sentence to expire, end, or terminate, or that would result in
  194  the prisoner’s release, before he or she serves a minimum of 85
  195  percent of the sentence imposed. For purposes of this sub
  196  subparagraph, credits awarded by the court for time physically
  197  incarcerated must be credited toward satisfaction of 85 percent
  198  of the sentence imposed. A prisoner who is granted incentive
  199  gain-time pursuant to this sub-subparagraph may not accumulate
  200  further gain-time awards at any point when the prisoner’s
  201  tentative release date is the same as that date at which the
  202  prisoner will have served 85 percent of the sentence imposed.
  203  State prisoners sentenced to life imprisonment must be
  204  incarcerated for the rest of their natural lives unless granted
  205  pardon or clemency For sentences imposed for offenses committed
  206  on or after October 1, 1995, the department may grant up to 10
  207  days per month of incentive gain-time.
  208         (f) An inmate who is subject to subparagraph (b)3. is not
  209  eligible to earn or receive gain-time under paragraph (a),
  210  paragraph (b), paragraph (c), or paragraph (d) or any other type
  211  of gain-time in an amount that would cause a sentence to expire,
  212  end, or terminate, or that would result in a prisoner’s release,
  213  before prior to serving a minimum of 85 percent of the sentence
  214  imposed. For purposes of this paragraph, credits awarded by the
  215  court for time physically incarcerated shall be credited toward
  216  satisfaction of 85 percent of the sentence imposed. Except as
  217  provided by this section, a prisoner may not accumulate further
  218  gain-time awards at any point when the tentative release date is
  219  the same as that date at which the prisoner will have served 85
  220  percent of the sentence imposed. State prisoners sentenced to
  221  life imprisonment shall be incarcerated for the rest of their
  222  natural lives, unless granted pardon or clemency.
  223         Section 6. This act shall take effect July 1, 2022.