Florida Senate - 2022                                     SB 784
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00565-22                                             2022784__
    1                        A bill to be entitled                      
    2         An act relating to inmate conditional medical release;
    3         creating s. 945.0911, F.S.; providing legislative
    4         findings; establishing the conditional medical release
    5         program within the Department of Corrections for
    6         specified purposes; establishing a panel to consider
    7         specified matters; defining terms; providing for
    8         program eligibility; authorizing certain inmates be
    9         released on conditional medical release before serving
   10         85 percent of their term of imprisonment; requiring
   11         that inmates who meet certain criteria be considered
   12         for conditional medical release; providing that the
   13         authority to grant conditional medical releases rests
   14         solely with the department; specifying that inmates do
   15         not have a right to conditional medical release or to
   16         a certain medical evaluation; requiring the department
   17         to identify eligible inmates; requiring the department
   18         to refer such inmates to the panel for consideration;
   19         providing for victim notification under specified
   20         circumstances; requiring the panel to conduct a
   21         hearing within specified timeframes; specifying
   22         requirements for the hearing; requiring that inmates
   23         approved for conditional medical release be released
   24         from the department within a reasonable amount of
   25         time; providing a review process for inmates denied
   26         conditional medical release; providing that inmates
   27         are considered medical releasees upon release from the
   28         department into the community; requiring medical
   29         releasees to comply with specified minimum conditions;
   30         specifying that medical releasees are considered to be
   31         in the custody, supervision, and control of the
   32         department; specifying that the department does not
   33         have a duty to provide medical care to a medical
   34         releasee; providing that a medical releasee is
   35         eligible to earn or lose gain-time; prohibiting a
   36         medical releasee or his or her community-based housing
   37         from being counted in the prison system population and
   38         the prison capacity figures; authorizing the
   39         department to terminate a medical releasee’s
   40         conditional medical release under specified
   41         circumstances; authorizing the revocation of a medical
   42         releasee’s conditional medical release if certain
   43         conditions are not met; authorizing the department to
   44         order a medical releasee to be returned to the
   45         department’s custody for a revocation hearing or to
   46         remain in the community pending such hearing;
   47         authorizing a warrant to be issued for the arrest of a
   48         medical releasee under certain circumstances;
   49         authorizing a medical releasee to admit to the
   50         allegation that his or her medical or physical
   51         condition improved or to proceed to a revocation
   52         hearing; requiring such hearing to be conducted by the
   53         panel; requiring the director of inmate health
   54         services to review certain evidence and make a
   55         recommendation to the panel before such hearing;
   56         requiring a majority of the panel members to agree
   57         that revocation of medical release is appropriate;
   58         requiring a medical releasee to be recommitted to the
   59         department to serve the balance of his or her sentence
   60         if a conditional medical release is revoked; providing
   61         that gain-time is not forfeited for revocation based
   62         on improvement in a medical releasee’s condition;
   63         providing a review process for a medical releasee who
   64         has his or her release revoked; authorizing a
   65         conditional medical release to be revoked if the
   66         medical releasee violates any release conditions;
   67         authorizing a warrant to be issued for the arrest of a
   68         medical releasee if certain conditions are met;
   69         authorizing a law enforcement or probation officer to
   70         arrest a medical releasee without a warrant under
   71         certain circumstances; requiring that a medical
   72         releasee be detained without bond if a violation of
   73         release is based on a new violation of law; requiring
   74         the department to order that a medical releasee be
   75         returned to its custody under certain circumstances;
   76         authorizing a medical releasee to admit to the alleged
   77         violation or to proceed to a revocation hearing;
   78         requiring a majority of the panel members to agree
   79         that revocation of medical release is appropriate;
   80         requiring specified medical releasees to be
   81         recommitted to the department upon the revocation of
   82         the conditional medical release; authorizing the
   83         forfeiture of gain-time; providing a review process
   84         for a medical releasee who has his or her release
   85         revoked; requiring that a medical releasee be given
   86         specified information under certain circumstances;
   87         requiring the panel to provide a written statement
   88         specifying the evidence relied on and reasons for
   89         revocation under certain circumstances; requiring a
   90         medical releasee whose conditional medical release is
   91         revoked and who is recommitted to the department to
   92         comply with the 85 percent requirement upon
   93         recommitment; requiring the department to perform
   94         specified actions upon an inmate’s diagnosis of a
   95         terminal medical condition while in the custody of the
   96         department; requiring an inmate to consent to release
   97         of confidential information under certain
   98         circumstances; providing that members of the panel
   99         have sovereign immunity related to specified
  100         decisions; requiring the department to adopt rules;
  101         repealing s. 947.149, F.S., relating to conditional
  102         medical release; amending ss. 316.1935, 775.084,
  103         775.087, 784.07, 790.235, 794.0115, 893.135, 921.0024,
  104         944.605, 944.70, 947.13, and 947.141, F.S.; conforming
  105         provisions to changes made by the act; providing an
  106         effective date.
  107          
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Section 945.0911, Florida Statutes, is created
  111  to read:
  112         945.0911 Conditional medical release.—
  113         (1) FINDINGS.—The Legislature finds that the number of
  114  inmates incarcerated in the state’s prisons with terminal
  115  medical conditions or who suffer from permanently incapacitating
  116  medical conditions has grown significantly in recent years.
  117  Further, the Legislature finds that such inmates’ terminal
  118  illnesses or permanently incapacitating conditions may be
  119  exacerbated by imprisonment due to the stresses linked to prison
  120  life. The Legislature also finds that recidivism rates are
  121  greatly reduced for such inmates who are released into the
  122  community. Therefore, the Legislature finds that it is of great
  123  public importance to find a compassionate solution to the
  124  challenges presented by the imprisonment of inmates who are
  125  terminally ill or suffering from a permanently incapacitating
  126  medical condition while also ensuring that the public safety of
  127  Florida’s communities remains protected.
  128         (2) CREATION.—There is established a conditional medical
  129  release program within the department for the purposes of
  130  determining whether release is appropriate for eligible inmates,
  131  supervising the released inmates, and conducting revocation
  132  hearings as provided for in this section. The establishment of
  133  the conditional medical release program must include a panel of
  134  at least three people appointed by the secretary or his or her
  135  designee to determine the appropriateness of conditional medical
  136  release and conduct revocation hearings on such inmate releases.
  137         (3)DEFINITIONS.—As used in this section, the term:
  138         (a) “Permanently incapacitated inmate” means an inmate who
  139  has a condition caused by injury, disease, or illness which, to
  140  a reasonable degree of medical certainty, renders the inmate
  141  permanently and irreversibly physically incapacitated to the
  142  extent that the inmate does not constitute a danger to himself
  143  or herself or to others.
  144         (b) “Terminally ill inmate” means an inmate who has a
  145  condition caused by injury, disease, or illness which, to a
  146  reasonable degree of medical certainty, renders the inmate
  147  terminally ill to the extent that there can be no recovery,
  148  death is expected within 6 months, and the inmate does not
  149  constitute a danger to himself or herself or to others.
  150         (4) ELIGIBILITY.—An inmate is eligible for consideration
  151  for release under the conditional medical release program when
  152  the department determines the inmate to be permanently
  153  incapacitated or terminally ill because of an existing medical
  154  or physical condition. Notwithstanding any other law, an inmate
  155  who meets this eligibility criteria may be released from the
  156  custody of the department pursuant to this section before
  157  serving 85 percent of his or her term of imprisonment.
  158         (5) REFERRAL FOR CONSIDERATION.—
  159         (a)1.Notwithstanding any law to the contrary, any inmate
  160  in the custody of the department who meets one or more of the
  161  eligibility requirements under subsection (4) must be considered
  162  for conditional medical release.
  163         2. The authority to grant conditional medical release rests
  164  solely with the department. An inmate does not have a right to
  165  conditional medical release or to a medical evaluation to
  166  determine eligibility for release pursuant to this section.
  167         (b) The department shall identify inmates who may be
  168  eligible for conditional medical release based upon available
  169  medical information. In considering an inmate for conditional
  170  medical release, the department may require additional medical
  171  evidence, including examinations of the inmate, or any other
  172  additional investigations the department deems necessary for
  173  determining the appropriateness of an eligible inmate’s release.
  174         (c) The department shall refer an inmate to the panel
  175  established under subsection (2) for review and determination of
  176  conditional medical release upon his or her identification as
  177  potentially eligible for release pursuant to this section.
  178         (d) If the case that resulted in the inmate’s commitment to
  179  the department involved a victim, and the victim specifically
  180  requested notification pursuant to s. 16, Art. I of the State
  181  Constitution, the department must notify the victim of the
  182  inmate’s referral to the panel upon identification of the inmate
  183  as potentially eligible for release under this section.
  184  Additionally, the victim must be afforded the right to be heard
  185  regarding the release of the inmate.
  186         (6) DETERMINATION OF RELEASE.—
  187         (a)Upon department referral, the panel established in
  188  subsection (2) must conduct a hearing to determine whether
  189  conditional medical release is appropriate for the inmate.
  190  Before the hearing, the director of inmate health services or
  191  his or her designee shall review any relevant information,
  192  including, but not limited to, medical evidence, and provide the
  193  panel with a recommendation regarding the appropriateness of
  194  releasing the inmate pursuant to this section. The panel must
  195  conduct such hearing:
  196         1. By April 1, 2023, if the inmate is immediately eligible
  197  for consideration for the conditional medical release program
  198  upon this section taking effect on October 1, 2022.
  199         2. By July 1, 2023, if the inmate becomes eligible for
  200  consideration for the conditional medical release program after
  201  October 1, 2022, but before July 1, 2023.
  202         3. Within 45 days after receiving the referral if the
  203  inmate becomes eligible for conditional medical release any time
  204  on or after July 1, 2023.
  205         (b) A majority of the panel members must agree that the
  206  inmate is eligible for release pursuant to this section. If
  207  conditional medical release is approved, the inmate must be
  208  released by the department to the community within a reasonable
  209  amount of time with necessary release conditions imposed
  210  pursuant to subsection (7).
  211         (c)1. An inmate denied conditional medical release by the
  212  panel may elect to have the decision reviewed by the
  213  department’s general counsel and chief medical officer, who must
  214  make a recommendation to the secretary. The secretary shall
  215  review all relevant information and make a final decision about
  216  the inmate’s eligibility for conditional medical release
  217  pursuant to this section. The secretary’s decision is a final
  218  administrative decision not subject to appeal.
  219         2. An inmate who requests to have the decision reviewed in
  220  accordance with this paragraph must do so in a manner prescribed
  221  by rule. An inmate denied conditional medical release may
  222  subsequently be reconsidered for such release in a manner
  223  prescribed by department rule.
  224         (7) RELEASE CONDITIONS.—
  225         (a) An inmate granted release pursuant to this section is
  226  released for a period equal to the length of time remaining on
  227  his or her term of imprisonment on the date the release is
  228  granted. Such inmate is considered a medical releasee upon
  229  release from the department into the community. The medical
  230  releasee must comply with all reasonable conditions of release
  231  the department imposes which, at a minimum, must include all of
  232  the following:
  233         1. Periodic medical evaluations at intervals determined by
  234  the department at the time of release.
  235         2. Supervision by an officer trained to handle special
  236  offender caseloads.
  237         3. Active electronic monitoring, if such monitoring is
  238  determined to be necessary to ensure the safety of the public
  239  and the medical releasee’s compliance with release conditions.
  240         4. Any conditions of community control provided for in s.
  241  948.101.
  242         5. Any other conditions the department deems appropriate to
  243  ensure the safety of the community and compliance by the medical
  244  releasee.
  245         (b) A medical releasee is considered to be in the custody,
  246  supervision, and control of the department, which, for purposes
  247  of this section, does not create a duty for the department to
  248  provide the medical releasee with medical care upon release into
  249  the community. The medical releasee remains eligible to earn or
  250  lose gain-time in accordance with s. 944.275 and department
  251  rule. The medical releasee may not be counted in the prison
  252  system population, and the medical releasee’s approved
  253  community-based housing location may not be counted in the
  254  capacity figures for the prison system.
  255         (8) REVOCATION HEARING AND RECOMMITMENT.—
  256         (a) The department may terminate a medical releasee’s
  257  conditional medical release and return him or her to the same
  258  institution or another designated by the department.
  259         (b)1.If a medical releasee’s supervising officer or a duly
  260  authorized representative of the department discovers that the
  261  medical or physical condition of the medical releasee has
  262  improved to the extent that he or she would no longer be
  263  eligible for release under this section, the medical releasee’s
  264  conditional medical release may be revoked. The department may
  265  order, as prescribed by department rule, that the medical
  266  releasee be returned to the department’s custody for a
  267  conditional medical release revocation hearing or may allow the
  268  medical releasee to remain in the community pending the
  269  revocation hearing. If the department elects to order the
  270  medical releasee to be returned to custody pending the
  271  revocation hearing, the supervising officer or duly authorized
  272  representative may cause a warrant to be issued for the arrest
  273  of the medical releasee.
  274         2. A medical releasee may admit to the allegation of
  275  improved medical or physical condition or may elect to proceed
  276  to a revocation hearing. The revocation hearing must be
  277  conducted by the panel established in subsection (2). Before a
  278  revocation hearing pursuant to this paragraph, the director of
  279  inmate health services or his or her designee shall review any
  280  medical evidence pertaining to the medical releasee and make a
  281  recommendation to the panel regarding the medical releasee’s
  282  current medical or physical condition.
  283         3. A majority of the panel members must agree that
  284  revocation is appropriate for a medical releasee’s conditional
  285  medical release to be revoked. If conditional medical release is
  286  revoked due to improvement in the releasee’s medical or physical
  287  condition, he or she must be recommitted to the department to
  288  serve the balance of his or her sentence in an institution
  289  designated by the department with credit for the time served on
  290  conditional medical release and without forfeiture of any gain
  291  time accrued before recommitment. If a medical releasee whose
  292  conditional medical release is revoked due to an improvement in
  293  his or her medical or physical condition would otherwise be
  294  eligible for parole or any other release program, he or she may
  295  be considered for such release program pursuant to law.
  296         4. A medical releasee whose conditional medical release is
  297  revoked pursuant to this paragraph may elect to have the
  298  decision reviewed by the department’s general counsel and chief
  299  medical officer, who shall make a recommendation to the
  300  secretary. The secretary shall review all relevant information
  301  and make a final decision about the revocation of conditional
  302  medical release pursuant to this paragraph. The decision of the
  303  secretary is a final administrative decision not subject to
  304  appeal.
  305         (c)1. The medical releasee’s conditional medical release
  306  may also be revoked for violation of any release conditions
  307  established by the department, including, but not limited to, a
  308  new violation of law.
  309         2. If a duly authorized representative of the department
  310  has reasonable grounds to believe that a medical releasee has
  311  violated the conditions of his or her release in a material
  312  respect, such representative may cause a warrant to be issued
  313  for the arrest of the medical releasee. A law enforcement
  314  officer or a probation officer may arrest a medical releasee
  315  without a warrant in accordance with s. 948.06 if there are
  316  reasonable grounds to believe he or she has violated the terms
  317  and conditions of his or her conditional medical release. The
  318  law enforcement or probation officer must report the medical
  319  releasee’s alleged violations to the supervising probation
  320  office or the department’s emergency action center for
  321  initiation of revocation proceedings as prescribed by department
  322  rule.
  323         3. If the violation of release conditions is related to a
  324  new violation of law, the medical releasee must be detained
  325  without bond until his or her initial appearance, at which time
  326  a judicial determination of probable cause is made. If the judge
  327  determines that there was no probable cause for the arrest, the
  328  medical releasee may be released. A judicial determination of
  329  probable cause also constitutes reasonable grounds to believe
  330  that the medical releasee violated the conditions of the
  331  conditional medical release.
  332         4. The department shall order that a medical releasee,
  333  whose conditional medical release is subject to revocation under
  334  this paragraph, be returned to department custody for a
  335  conditional medical release revocation hearing. A medical
  336  releasee may admit to the alleged violation of the conditions of
  337  conditional medical release or may elect to proceed to a
  338  revocation hearing. The revocation hearing must be conducted by
  339  the panel established in subsection (2).
  340         5. A majority of the panel members must agree that
  341  revocation is appropriate for the medical releasee’s conditional
  342  medical release to be revoked. If conditional medical release is
  343  revoked pursuant to this paragraph, the medical releasee must
  344  serve the balance of his or her sentence in an institution
  345  designated by the department with credit for the actual time
  346  served on conditional medical release. The medical releasee’s
  347  gain-time accrued before recommitment may be forfeited pursuant
  348  to s. 944.28(1). If the medical releasee whose conditional
  349  medical release is revoked subject to this paragraph would
  350  otherwise be eligible for parole or any other release program,
  351  he or she may be considered for such release program pursuant to
  352  law.
  353         6. A medical releasee whose conditional medical release has
  354  been revoked pursuant to this paragraph may elect to have the
  355  revocation reviewed by the department’s general counsel, who
  356  must make a recommendation to the secretary. The secretary shall
  357  review all relevant information and make a final decision about
  358  the revocation of conditional medical release pursuant to this
  359  paragraph. The decision of the secretary is a final
  360  administrative decision not subject to appeal.
  361         (d)1. If the medical releasee subject to revocation under
  362  paragraph (b) or paragraph (c) elects to proceed with a hearing,
  363  he or she must be informed orally and in writing of all of the
  364  following:
  365         a. The alleged basis for the pending revocation proceeding.
  366         b. The releasee’s right to be represented by counsel.
  367  However, this sub-subparagraph does not create a right to
  368  publicly funded legal counsel.
  369         c. The releasee’s right to be heard either in person or by
  370  electronic audiovisual means at the discretion of the
  371  department.
  372         d. The releasee’s right to secure, present, and compel the
  373  attendance of witnesses relevant to the proceeding.
  374         e. The releasee’s right to produce documents on his or her
  375  own behalf.
  376         f. The releasee’s right of access to all evidence used to
  377  support the revocation proceeding and to confront and cross
  378  examine adverse witnesses.
  379         g. The releasee’s right to waive the hearing.
  380         2. If the panel approves the revocation of the medical
  381  releasee’s conditional medical release under paragraph (a) or
  382  paragraph (b), the panel must provide a written statement
  383  specifying the evidence relied on and reasons for revocation.
  384         (e) A medical releasee whose conditional medical release is
  385  revoked and who is recommitted to the department under this
  386  subsection must comply with the 85 percent requirement in
  387  accordance with ss. 921.002 and 944.275 upon recommitment.
  388         (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
  389  TERMINAL CONDITION.—
  390         (a) If an inmate is diagnosed with a terminal medical
  391  condition that makes him or her eligible for consideration for
  392  release while in the custody of the department, subject to
  393  confidentiality requirements, the department must do all of the
  394  following:
  395         1.Notify the inmate’s family or next of kin and attorney,
  396  if applicable, of such diagnosis within 72 hours after the
  397  diagnosis is made.
  398         2.Provide the inmate’s family, including extended family,
  399  an opportunity to visit the inmate in person within 7 days after
  400  the diagnosis is made.
  401         3.Initiate a review for conditional medical release as
  402  provided for in this section immediately upon making the
  403  diagnosis.
  404         (b) If the inmate has mental and physical capacity, he or
  405  she must consent to the release of confidential information in
  406  order for the department to comply with the notification
  407  requirements required in this subsection.
  408         (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
  409  and in accordance with s. 13, Art. X of the State Constitution,
  410  members of the panel established in subsection (2) who are
  411  involved with decisions that grant or revoke conditional medical
  412  release are provided immunity from liability for actions that
  413  directly relate to such decisions.
  414         (11) RULEMAKING AUTHORITY.—The department shall adopt rules
  415  to implement this section.
  416         Section 2. Section 947.149, Florida Statutes, is repealed.
  417         Section 3. Subsection (6) of section 316.1935, Florida
  418  Statutes, is amended to read:
  419         316.1935 Fleeing or attempting to elude a law enforcement
  420  officer; aggravated fleeing or eluding.—
  421         (6) Notwithstanding s. 948.01, a court may not no court may
  422  suspend, defer, or withhold adjudication of guilt or imposition
  423  of sentence for any violation of this section. A person
  424  convicted and sentenced to a mandatory minimum term of
  425  incarceration under paragraph (3)(b) or paragraph (4)(b) is not
  426  eligible for statutory gain-time under s. 944.275 or any form of
  427  discretionary early release, other than pardon or executive
  428  clemency or conditional medical release under s. 945.0911 s.
  429  947.149, prior to serving the mandatory minimum sentence.
  430         Section 4. Paragraph (k) of subsection (4) of section
  431  775.084, Florida Statutes, is amended to read:
  432         775.084 Violent career criminals; habitual felony offenders
  433  and habitual violent felony offenders; three-time violent felony
  434  offenders; definitions; procedure; enhanced penalties or
  435  mandatory minimum prison terms.—
  436         (4)
  437         (k)1. A defendant sentenced under this section as a
  438  habitual felony offender, a habitual violent felony offender, or
  439  a violent career criminal is eligible for gain-time granted by
  440  the Department of Corrections as provided in s. 944.275(4)(b).
  441         2. For an offense committed on or after October 1, 1995, a
  442  defendant sentenced under this section as a violent career
  443  criminal is not eligible for any form of discretionary early
  444  release, other than pardon or executive clemency, or conditional
  445  medical release under s. 945.0911 granted pursuant to s.
  446  947.149.
  447         3. For an offense committed on or after July 1, 1999, a
  448  defendant sentenced under this section as a three-time violent
  449  felony offender shall be released only by expiration of sentence
  450  and shall not be eligible for parole, control release, or any
  451  form of early release.
  452         Section 5. Paragraph (b) of subsection (2) and paragraph
  453  (b) of subsection (3) of section 775.087, Florida Statutes, are
  454  amended to read:
  455         775.087 Possession or use of weapon; aggravated battery;
  456  felony reclassification; minimum sentence.—
  457         (2)
  458         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  459  (a)3. does not prevent a court from imposing a longer sentence
  460  of incarceration as authorized by law in addition to the minimum
  461  mandatory sentence, or from imposing a sentence of death
  462  pursuant to other applicable law. Subparagraph (a)1.,
  463  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  464  court to impose a lesser sentence than otherwise required by
  465  law.
  466  
  467  Notwithstanding s. 948.01, adjudication of guilt or imposition
  468  of sentence may shall not be suspended, deferred, or withheld,
  469  and the defendant is not eligible for statutory gain-time under
  470  s. 944.275 or any form of discretionary early release, other
  471  than pardon or executive clemency, or conditional medical
  472  release under s. 945.0911 s. 947.149, prior to serving the
  473  minimum sentence.
  474         (3)
  475         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  476  (a)3. does not prevent a court from imposing a longer sentence
  477  of incarceration as authorized by law in addition to the minimum
  478  mandatory sentence, or from imposing a sentence of death
  479  pursuant to other applicable law. Subparagraph (a)1.,
  480  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  481  court to impose a lesser sentence than otherwise required by
  482  law.
  483  
  484  Notwithstanding s. 948.01, adjudication of guilt or imposition
  485  of sentence may shall not be suspended, deferred, or withheld,
  486  and the defendant is not eligible for statutory gain-time under
  487  s. 944.275 or any form of discretionary early release, other
  488  than pardon or executive clemency, or conditional medical
  489  release under s. 945.0911 s. 947.149, prior to serving the
  490  minimum sentence.
  491         Section 6. Subsection (3) of section 784.07, Florida
  492  Statutes, is amended to read:
  493         784.07 Assault or battery of law enforcement officers,
  494  firefighters, emergency medical care providers, public transit
  495  employees or agents, or other specified officers;
  496  reclassification of offenses; minimum sentences.—
  497         (3) Any person who is convicted of a battery under
  498  paragraph (2)(b) and, during the commission of the offense, such
  499  person possessed:
  500         (a) A “firearm” or “destructive device” as those terms are
  501  defined in s. 790.001, shall be sentenced to a minimum term of
  502  imprisonment of 3 years.
  503         (b) A semiautomatic firearm and its high-capacity
  504  detachable box magazine, as defined in s. 775.087(3), or a
  505  machine gun as defined in s. 790.001, shall be sentenced to a
  506  minimum term of imprisonment of 8 years.
  507  
  508  Notwithstanding s. 948.01, adjudication of guilt or imposition
  509  of sentence may shall not be suspended, deferred, or withheld,
  510  and the defendant is not eligible for statutory gain-time under
  511  s. 944.275 or any form of discretionary early release, other
  512  than pardon or executive clemency, or conditional medical
  513  release under s. 945.0911 s. 947.149, prior to serving the
  514  minimum sentence.
  515         Section 7. Subsection (1) of section 790.235, Florida
  516  Statutes, is amended to read:
  517         790.235 Possession of firearm or ammunition by violent
  518  career criminal unlawful; penalty.—
  519         (1) Any person who meets the violent career criminal
  520  criteria under s. 775.084(1)(d), regardless of whether such
  521  person is or has previously been sentenced as a violent career
  522  criminal, who owns or has in his or her care, custody,
  523  possession, or control any firearm, ammunition, or electric
  524  weapon or device, or carries a concealed weapon, including a
  525  tear gas gun or chemical weapon or device, commits a felony of
  526  the first degree, punishable as provided in s. 775.082, s.
  527  775.083, or s. 775.084. A person convicted of a violation of
  528  this section shall be sentenced to a mandatory minimum of 15
  529  years’ imprisonment; however, if the person would be sentenced
  530  to a longer term of imprisonment under s. 775.084(4)(d), the
  531  person must be sentenced under that provision. A person
  532  convicted of a violation of this section is not eligible for any
  533  form of discretionary early release, other than pardon,
  534  executive clemency, or conditional medical release under s.
  535  945.0911 s. 947.149.
  536         Section 8. Subsection (7) of section 794.0115, Florida
  537  Statutes, is amended to read:
  538         794.0115 Dangerous sexual felony offender; mandatory
  539  sentencing.—
  540         (7) A defendant sentenced to a mandatory minimum term of
  541  imprisonment under this section is not eligible for statutory
  542  gain-time under s. 944.275 or any form of discretionary early
  543  release, other than pardon or executive clemency, or conditional
  544  medical release under s. 945.0911 s. 947.149, before serving the
  545  minimum sentence.
  546         Section 9. Paragraphs (b), (c), and (g) of subsection (1)
  547  and subsection (3) of section 893.135, Florida Statutes, are
  548  amended to read:
  549         893.135 Trafficking; mandatory sentences; suspension or
  550  reduction of sentences; conspiracy to engage in trafficking.—
  551         (1) Except as authorized in this chapter or in chapter 499
  552  and notwithstanding the provisions of s. 893.13:
  553         (b)1. Any person who knowingly sells, purchases,
  554  manufactures, delivers, or brings into this state, or who is
  555  knowingly in actual or constructive possession of, 28 grams or
  556  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  557  mixture containing cocaine, but less than 150 kilograms of
  558  cocaine or any such mixture, commits a felony of the first
  559  degree, which felony shall be known as “trafficking in cocaine,”
  560  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  561  If the quantity involved:
  562         a. Is 28 grams or more, but less than 200 grams, such
  563  person shall be sentenced to a mandatory minimum term of
  564  imprisonment of 3 years, and the defendant shall be ordered to
  565  pay a fine of $50,000.
  566         b. Is 200 grams or more, but less than 400 grams, such
  567  person shall be sentenced to a mandatory minimum term of
  568  imprisonment of 7 years, and the defendant shall be ordered to
  569  pay a fine of $100,000.
  570         c. Is 400 grams or more, but less than 150 kilograms, such
  571  person shall be sentenced to a mandatory minimum term of
  572  imprisonment of 15 calendar years and pay a fine of $250,000.
  573         2. Any person who knowingly sells, purchases, manufactures,
  574  delivers, or brings into this state, or who is knowingly in
  575  actual or constructive possession of, 150 kilograms or more of
  576  cocaine, as described in s. 893.03(2)(a)4., commits the first
  577  degree felony of trafficking in cocaine. A person who has been
  578  convicted of the first degree felony of trafficking in cocaine
  579  under this subparagraph shall be punished by life imprisonment
  580  and is ineligible for any form of discretionary early release
  581  except pardon or executive clemency or conditional medical
  582  release under s. 945.0911 s. 947.149. However, if the court
  583  determines that, in addition to committing any act specified in
  584  this paragraph:
  585         a. The person intentionally killed an individual or
  586  counseled, commanded, induced, procured, or caused the
  587  intentional killing of an individual and such killing was the
  588  result; or
  589         b. The person’s conduct in committing that act led to a
  590  natural, though not inevitable, lethal result,
  591  
  592  such person commits the capital felony of trafficking in
  593  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  594  person sentenced for a capital felony under this paragraph shall
  595  also be sentenced to pay the maximum fine provided under
  596  subparagraph 1.
  597         3. Any person who knowingly brings into this state 300
  598  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  599  and who knows that the probable result of such importation would
  600  be the death of any person, commits capital importation of
  601  cocaine, a capital felony punishable as provided in ss. 775.082
  602  and 921.142. Any person sentenced for a capital felony under
  603  this paragraph shall also be sentenced to pay the maximum fine
  604  provided under subparagraph 1.
  605         (c)1. A person who knowingly sells, purchases,
  606  manufactures, delivers, or brings into this state, or who is
  607  knowingly in actual or constructive possession of, 4 grams or
  608  more of any morphine, opium, hydromorphone, or any salt,
  609  derivative, isomer, or salt of an isomer thereof, including
  610  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  611  (3)(c)4., or 4 grams or more of any mixture containing any such
  612  substance, but less than 30 kilograms of such substance or
  613  mixture, commits a felony of the first degree, which felony
  614  shall be known as “trafficking in illegal drugs,” punishable as
  615  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  616  quantity involved:
  617         a. Is 4 grams or more, but less than 14 grams, such person
  618  shall be sentenced to a mandatory minimum term of imprisonment
  619  of 3 years and shall be ordered to pay a fine of $50,000.
  620         b. Is 14 grams or more, but less than 28 grams, such person
  621  shall be sentenced to a mandatory minimum term of imprisonment
  622  of 15 years and shall be ordered to pay a fine of $100,000.
  623         c. Is 28 grams or more, but less than 30 kilograms, such
  624  person shall be sentenced to a mandatory minimum term of
  625  imprisonment of 25 years and shall be ordered to pay a fine of
  626  $500,000.
  627         2. A person who knowingly sells, purchases, manufactures,
  628  delivers, or brings into this state, or who is knowingly in
  629  actual or constructive possession of, 28 grams or more of
  630  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  631  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  632  grams or more of any mixture containing any such substance,
  633  commits a felony of the first degree, which felony shall be
  634  known as “trafficking in hydrocodone,” punishable as provided in
  635  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  636         a. Is 28 grams or more, but less than 50 grams, such person
  637  shall be sentenced to a mandatory minimum term of imprisonment
  638  of 3 years and shall be ordered to pay a fine of $50,000.
  639         b. Is 50 grams or more, but less than 100 grams, such
  640  person shall be sentenced to a mandatory minimum term of
  641  imprisonment of 7 years and shall be ordered to pay a fine of
  642  $100,000.
  643         c. Is 100 grams or more, but less than 300 grams, such
  644  person shall be sentenced to a mandatory minimum term of
  645  imprisonment of 15 years and shall be ordered to pay a fine of
  646  $500,000.
  647         d. Is 300 grams or more, but less than 30 kilograms, such
  648  person shall be sentenced to a mandatory minimum term of
  649  imprisonment of 25 years and shall be ordered to pay a fine of
  650  $750,000.
  651         3. A person who knowingly sells, purchases, manufactures,
  652  delivers, or brings into this state, or who is knowingly in
  653  actual or constructive possession of, 7 grams or more of
  654  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  655  thereof, or 7 grams or more of any mixture containing any such
  656  substance, commits a felony of the first degree, which felony
  657  shall be known as “trafficking in oxycodone,” punishable as
  658  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  659  quantity involved:
  660         a. Is 7 grams or more, but less than 14 grams, such person
  661  shall be sentenced to a mandatory minimum term of imprisonment
  662  of 3 years and shall be ordered to pay a fine of $50,000.
  663         b. Is 14 grams or more, but less than 25 grams, such person
  664  shall be sentenced to a mandatory minimum term of imprisonment
  665  of 7 years and shall be ordered to pay a fine of $100,000.
  666         c. Is 25 grams or more, but less than 100 grams, such
  667  person shall be sentenced to a mandatory minimum term of
  668  imprisonment of 15 years and shall be ordered to pay a fine of
  669  $500,000.
  670         d. Is 100 grams or more, but less than 30 kilograms, such
  671  person shall be sentenced to a mandatory minimum term of
  672  imprisonment of 25 years and shall be ordered to pay a fine of
  673  $750,000.
  674         4.a. A person who knowingly sells, purchases, manufactures,
  675  delivers, or brings into this state, or who is knowingly in
  676  actual or constructive possession of, 4 grams or more of:
  677         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  678         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  679         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  680         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  681         (V) A fentanyl derivative, as described in s.
  682  893.03(1)(a)62.;
  683         (VI) A controlled substance analog, as described in s.
  684  893.0356, of any substance described in sub-sub-subparagraphs
  685  (I)-(V); or
  686         (VII) A mixture containing any substance described in sub
  687  sub-subparagraphs (I)-(VI),
  688  
  689  commits a felony of the first degree, which felony shall be
  690  known as “trafficking in fentanyl,” punishable as provided in s.
  691  775.082, s. 775.083, or s. 775.084.
  692         b. If the quantity involved under sub-subparagraph a.:
  693         (I) Is 4 grams or more, but less than 14 grams, such person
  694  shall be sentenced to a mandatory minimum term of imprisonment
  695  of 3 years, and shall be ordered to pay a fine of $50,000.
  696         (II) Is 14 grams or more, but less than 28 grams, such
  697  person shall be sentenced to a mandatory minimum term of
  698  imprisonment of 15 years, and shall be ordered to pay a fine of
  699  $100,000.
  700         (III) Is 28 grams or more, such person shall be sentenced
  701  to a mandatory minimum term of imprisonment of 25 years, and
  702  shall be ordered to pay a fine of $500,000.
  703         5. A person who knowingly sells, purchases, manufactures,
  704  delivers, or brings into this state, or who is knowingly in
  705  actual or constructive possession of, 30 kilograms or more of
  706  any morphine, opium, oxycodone, hydrocodone, codeine,
  707  hydromorphone, or any salt, derivative, isomer, or salt of an
  708  isomer thereof, including heroin, as described in s.
  709  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  710  more of any mixture containing any such substance, commits the
  711  first degree felony of trafficking in illegal drugs. A person
  712  who has been convicted of the first degree felony of trafficking
  713  in illegal drugs under this subparagraph shall be punished by
  714  life imprisonment and is ineligible for any form of
  715  discretionary early release except pardon or executive clemency
  716  or conditional medical release under s. 945.0911 s. 947.149.
  717  However, if the court determines that, in addition to committing
  718  any act specified in this paragraph:
  719         a. The person intentionally killed an individual or
  720  counseled, commanded, induced, procured, or caused the
  721  intentional killing of an individual and such killing was the
  722  result; or
  723         b. The person’s conduct in committing that act led to a
  724  natural, though not inevitable, lethal result,
  725  
  726  such person commits the capital felony of trafficking in illegal
  727  drugs, punishable as provided in ss. 775.082 and 921.142. A
  728  person sentenced for a capital felony under this paragraph shall
  729  also be sentenced to pay the maximum fine provided under
  730  subparagraph 1.
  731         6. A person who knowingly brings into this state 60
  732  kilograms or more of any morphine, opium, oxycodone,
  733  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  734  isomer, or salt of an isomer thereof, including heroin, as
  735  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  736  60 kilograms or more of any mixture containing any such
  737  substance, and who knows that the probable result of such
  738  importation would be the death of a person, commits capital
  739  importation of illegal drugs, a capital felony punishable as
  740  provided in ss. 775.082 and 921.142. A person sentenced for a
  741  capital felony under this paragraph shall also be sentenced to
  742  pay the maximum fine provided under subparagraph 1.
  743         (g)1. Any person who knowingly sells, purchases,
  744  manufactures, delivers, or brings into this state, or who is
  745  knowingly in actual or constructive possession of, 4 grams or
  746  more of flunitrazepam or any mixture containing flunitrazepam as
  747  described in s. 893.03(1)(a) commits a felony of the first
  748  degree, which felony shall be known as “trafficking in
  749  flunitrazepam,” punishable as provided in s. 775.082, s.
  750  775.083, or s. 775.084. If the quantity involved:
  751         a. Is 4 grams or more but less than 14 grams, such person
  752  shall be sentenced to a mandatory minimum term of imprisonment
  753  of 3 years, and the defendant shall be ordered to pay a fine of
  754  $50,000.
  755         b. Is 14 grams or more but less than 28 grams, such person
  756  shall be sentenced to a mandatory minimum term of imprisonment
  757  of 7 years, and the defendant shall be ordered to pay a fine of
  758  $100,000.
  759         c. Is 28 grams or more but less than 30 kilograms, such
  760  person shall be sentenced to a mandatory minimum term of
  761  imprisonment of 25 calendar years and pay a fine of $500,000.
  762         2. Any person who knowingly sells, purchases, manufactures,
  763  delivers, or brings into this state or who is knowingly in
  764  actual or constructive possession of 30 kilograms or more of
  765  flunitrazepam or any mixture containing flunitrazepam as
  766  described in s. 893.03(1)(a) commits the first degree felony of
  767  trafficking in flunitrazepam. A person who has been convicted of
  768  the first degree felony of trafficking in flunitrazepam under
  769  this subparagraph shall be punished by life imprisonment and is
  770  ineligible for any form of discretionary early release except
  771  pardon or executive clemency or conditional medical release
  772  under s. 945.0911 s. 947.149. However, if the court determines
  773  that, in addition to committing any act specified in this
  774  paragraph:
  775         a. The person intentionally killed an individual or
  776  counseled, commanded, induced, procured, or caused the
  777  intentional killing of an individual and such killing was the
  778  result; or
  779         b. The person’s conduct in committing that act led to a
  780  natural, though not inevitable, lethal result,
  781  
  782  such person commits the capital felony of trafficking in
  783  flunitrazepam, punishable as provided in ss. 775.082 and
  784  921.142. Any person sentenced for a capital felony under this
  785  paragraph shall also be sentenced to pay the maximum fine
  786  provided under subparagraph 1.
  787         (3) Notwithstanding the provisions of s. 948.01, with
  788  respect to any person who is found to have violated this
  789  section, adjudication of guilt or imposition of sentence shall
  790  not be suspended, deferred, or withheld, nor shall such person
  791  be eligible for parole prior to serving the mandatory minimum
  792  term of imprisonment prescribed by this section. A person
  793  sentenced to a mandatory minimum term of imprisonment under this
  794  section is not eligible for any form of discretionary early
  795  release, except pardon or executive clemency or conditional
  796  medical release under s. 945.0911 s. 947.149, prior to serving
  797  the mandatory minimum term of imprisonment.
  798         Section 10. Subsection (2) of section 921.0024, Florida
  799  Statutes, is amended to read:
  800         921.0024 Criminal Punishment Code; worksheet computations;
  801  scoresheets.—
  802         (2) The lowest permissible sentence is the minimum sentence
  803  that may be imposed by the trial court, absent a valid reason
  804  for departure. The lowest permissible sentence is any nonstate
  805  prison sanction in which the total sentence points equals or is
  806  less than 44 points, unless the court determines within its
  807  discretion that a prison sentence, which may be up to the
  808  statutory maximums for the offenses committed, is appropriate.
  809  When the total sentence points exceeds 44 points, the lowest
  810  permissible sentence in prison months shall be calculated by
  811  subtracting 28 points from the total sentence points and
  812  decreasing the remaining total by 25 percent. The total sentence
  813  points shall be calculated only as a means of determining the
  814  lowest permissible sentence. The permissible range for
  815  sentencing shall be the lowest permissible sentence up to and
  816  including the statutory maximum, as defined in s. 775.082, for
  817  the primary offense and any additional offenses before the court
  818  for sentencing. The sentencing court may impose such sentences
  819  concurrently or consecutively. However, any sentence to state
  820  prison must exceed 1 year. If the lowest permissible sentence
  821  under the code exceeds the statutory maximum sentence as
  822  provided in s. 775.082, the sentence required by the code must
  823  be imposed. If the total sentence points are greater than or
  824  equal to 363, the court may sentence the offender to life
  825  imprisonment. An offender sentenced to life imprisonment under
  826  this section is not eligible for any form of discretionary early
  827  release, except executive clemency or conditional medical
  828  release under s. 945.0911 s. 947.149.
  829         Section 11. Paragraph (b) of subsection (7) of section
  830  944.605, Florida Statutes, is amended to read:
  831         944.605 Inmate release; notification; identification card.—
  832         (7)
  833         (b) Paragraph (a) does not apply to inmates who:
  834         1. The department determines have a valid driver license or
  835  state identification card, except that the department shall
  836  provide these inmates with a replacement state identification
  837  card or replacement driver license, if necessary.
  838         2. Have an active detainer, unless the department
  839  determines that cancellation of the detainer is likely or that
  840  the incarceration for which the detainer was issued will be less
  841  than 12 months in duration.
  842         3. Are released due to an emergency release or a
  843  conditional medical release under s. 945.0911 s. 947.149.
  844         4. Are not in the physical custody of the department at or
  845  within 180 days before release.
  846         5. Are subject to sex offender residency restrictions, and
  847  who, upon release under such restrictions, do not have a
  848  qualifying address.
  849         Section 12. Paragraph (b) of subsection (1) of section
  850  944.70, Florida Statutes, is amended to read:
  851         944.70 Conditions for release from incarceration.—
  852         (1)
  853         (b) A person who is convicted of a crime committed on or
  854  after January 1, 1994, may be released from incarceration only:
  855         1. Upon expiration of the person’s sentence;
  856         2. Upon expiration of the person’s sentence as reduced by
  857  accumulated meritorious or incentive gain-time;
  858         3. As directed by an executive order granting clemency;
  859         4. Upon placement in a conditional release program pursuant
  860  to s. 947.1405 or a conditional medical release program pursuant
  861  to s. 945.0911 s. 947.149; or
  862         5. Upon the granting of control release, including
  863  emergency control release, pursuant to s. 947.146.
  864         Section 13. Paragraph (h) of subsection (1) of section
  865  947.13, Florida Statutes, is amended to read:
  866         947.13 Powers and duties of commission.—
  867         (1) The commission shall have the powers and perform the
  868  duties of:
  869         (h) Determining what persons will be released on
  870  conditional medical release under s. 947.149, establishing the
  871  conditions of conditional medical release, and determining
  872  whether a person has violated the conditions of conditional
  873  medical release and taking action with respect to such a
  874  violation.
  875         Section 14. Subsections (1), (2), and (7) of section
  876  947.141, Florida Statutes, are amended to read:
  877         947.141 Violations of conditional release, control release,
  878  or conditional medical release or addiction-recovery
  879  supervision.—
  880         (1) If a member of the commission or a duly authorized
  881  representative of the commission has reasonable grounds to
  882  believe that an offender who is on release supervision under s.
  883  945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
  884  has violated the terms and conditions of the release in a
  885  material respect, such member or representative may cause a
  886  warrant to be issued for the arrest of the releasee; if the
  887  offender was found to be a sexual predator, the warrant must be
  888  issued.
  889         (2) Upon the arrest on a felony charge of an offender who
  890  is on release supervision under s. 945.0911, s. 947.1405, s.
  891  947.146, s. 947.149, or s. 944.4731, the offender must be
  892  detained without bond until the initial appearance of the
  893  offender at which a judicial determination of probable cause is
  894  made. If the trial court judge determines that there was no
  895  probable cause for the arrest, the offender may be released. If
  896  the trial court judge determines that there was probable cause
  897  for the arrest, such determination also constitutes reasonable
  898  grounds to believe that the offender violated the conditions of
  899  the release. Within 24 hours after the trial court judge’s
  900  finding of probable cause, the detention facility administrator
  901  or designee shall notify the commission and the department of
  902  the finding and transmit to each a facsimile copy of the
  903  probable cause affidavit or the sworn offense report upon which
  904  the trial court judge’s probable cause determination is based.
  905  The offender must continue to be detained without bond for a
  906  period not exceeding 72 hours excluding weekends and holidays
  907  after the date of the probable cause determination, pending a
  908  decision by the commission whether to issue a warrant charging
  909  the offender with violation of the conditions of release. Upon
  910  the issuance of the commission’s warrant, the offender must
  911  continue to be held in custody pending a revocation hearing held
  912  in accordance with this section.
  913         (7) If a law enforcement officer has probable cause to
  914  believe that an offender who is on release supervision under s.
  915  945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
  916  has violated the terms and conditions of his or her release by
  917  committing a felony offense, the officer shall arrest the
  918  offender without a warrant, and a warrant need not be issued in
  919  the case.
  920         Section 15. This act shall take effect October 1, 2022.