Florida Senate - 2013                              CS for SB 540
       
       
       
       By the Committee on Criminal Justice; and Senator Dean
       
       
       
       
       591-02204B-13                                          2013540c1
    1                        A bill to be entitled                      
    2         An act relating to mandatory supervision of specified
    3         offenders by the Department of Corrections; providing
    4         legislative intent; amending s. 944.291, F.S.;
    5         requiring that persons convicted on or after a
    6         specified date of crimes in specified categories be
    7         released only under mandatory supervision; amending s.
    8         947.1405, F.S.; renaming the conditional release
    9         program as the “mandatory supervision program”;
   10         creating a reporting requirement; amending ss.
   11         216.136, 394.926, 394.927, 775.084, 775.16, 775.21,
   12         775.261, 893.11, 943.0435, 943.325, 944.171, 944.28,
   13         944.606, 944.607, 944.608, 944.70, 945.36, 947.071,
   14         947.13, 947.141, 947.16, 947.22, 947.24, 948.09,
   15         948.32, and 957.06, F.S.; revising provisions to
   16         conform to changes made by the act; providing an
   17         effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Legislative intent.—-It is the intent of the
   22  Legislature to require intensive postrelease supervision of
   23  offenders who have been convicted of violent offenses, thereby
   24  assisting them in successfully transitioning from prison back to
   25  the community and reducing their rate of reoffending. It is also
   26  the intent of the Legislature that the renaming of conditional
   27  release supervision to mandatory supervision does not create a
   28  new program, but it is merely a name change to accurately
   29  reflect the nature of this non-discretionary release.
   30         Section 2. Section 944.291, Florida Statutes, is amended to
   31  read:
   32         944.291 Prisoner released by reason of gain-time allowances
   33  or attainment of provisional release date.—
   34         (1) Notwithstanding any other provision of law to the
   35  contrary, a prisoner who has served his or her term or terms,
   36  less allowable gain-time deductions as provided by law, or who
   37  has attained his or her provisional release date shall, upon
   38  release, be placed under further supervision and control of the
   39  department. A Any released prisoner who is not under further
   40  supervision and control of the department or who is not subject
   41  to any statute relating to parole is shall be eligible, on a
   42  voluntary basis, for any assistance available to him or her
   43  through any parole or probation office under the department.
   44         (2) A Any prisoner who is convicted of a crime committed on
   45  or after October 1, 1988, which crime is contained in category
   46  1, category 2, category 3, or category 4 of Rule 3.701 and Rule
   47  3.988, Florida Rules of Criminal Procedure, and who has served
   48  at least one prior felony commitment at a state or federal
   49  correctional institution, or is sentenced as a habitual or
   50  violent habitual offender pursuant to s. 775.084, or is
   51  convicted of a crime committed on or after October 1, 2013,
   52  which crime is or was contained in category 1, category 2,
   53  category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
   54  Rules of Criminal Procedure (1993), may only be released only
   55  under mandatory conditional release supervision as described in
   56  chapter 947. At least Not fewer than 90 days before prior to the
   57  tentative release date or provisional release date, whichever is
   58  earlier, the department shall provide the commission with the
   59  name and inmate identification number for each eligible inmate.
   60         Section 3. Section 947.1405, Florida Statutes, is amended
   61  to read:
   62         947.1405 Mandatory supervision Conditional release
   63  program.—
   64         (1) This section and s. 947.141 may be cited as the
   65  “Mandatory Supervision Conditional Release Program Act.”
   66         (2) An Any inmate who:
   67         (a) Is convicted of a crime committed on or after October
   68  1, 1988, and before January 1, 1994, and any inmate who is
   69  convicted of a crime committed on or after January 1, 1994,
   70  which crime is or was contained in category 1, category 2,
   71  category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
   72  Rules of Criminal Procedure (1993), and who has served at least
   73  one prior felony commitment at a state or federal correctional
   74  institution;
   75         (b) Is sentenced as a habitual or violent habitual offender
   76  or a violent career criminal pursuant to s. 775.084; or
   77         (c) Is found to be a sexual predator under s. 775.21 or
   78  former s. 775.23; or,
   79         (d) Is convicted of a crime committed on or after October
   80  1, 2013, which crime is or was contained in category 1, category
   81  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
   82  Florida Rules of Criminal Procedure (1993),
   83  
   84  shall, upon reaching the tentative release date or provisional
   85  release date, whichever is earlier, as established by the
   86  Department of Corrections, be released under supervision subject
   87  to specified terms and conditions, including payment of the cost
   88  of supervision pursuant to s. 948.09. Such supervision is shall
   89  be applicable to all sentences within the overall term of
   90  sentences if an inmate’s overall term of sentences includes one
   91  or more sentences that are eligible for mandatory conditional
   92  release supervision as provided herein. Effective July 1, 1994,
   93  and applicable for offenses committed on or after that date, the
   94  commission may require, as a condition of mandatory supervision
   95  conditional release, that the releasee make payment of the debt
   96  due and owing to a county or municipal detention facility under
   97  s. 951.032 for medical care, treatment, hospitalization, or
   98  transportation received by the releasee while in that detention
   99  facility. The commission, in determining whether to order such
  100  repayment and the amount of such repayment, shall consider the
  101  amount of the debt, whether there was any fault of the
  102  institution for the medical expenses incurred, the financial
  103  resources of the releasee, the present and potential future
  104  financial needs and earning ability of the releasee, and
  105  dependents, and other appropriate factors. If an any inmate
  106  placed on mandatory conditional release supervision is also
  107  subject to probation or community control, resulting from a
  108  probationary or community control split sentence within the
  109  overall term of sentences, the Department of Corrections shall
  110  supervise such person according to the conditions imposed by the
  111  court and the commission shall defer to such supervision. If the
  112  court revokes probation or community control and resentences the
  113  offender to a term of incarceration, such revocation also
  114  constitutes a sufficient basis for the revocation of the
  115  mandatory conditional release supervision on any nonprobationary
  116  or noncommunity control sentence without further hearing by the
  117  commission. If any such supervision on any nonprobationary or
  118  noncommunity control sentence is revoked, such revocation may
  119  result in a forfeiture of all gain-time, and the commission may
  120  revoke the resulting deferred mandatory conditional release
  121  supervision or take other action it considers appropriate. If
  122  the term of mandatory conditional release supervision exceeds
  123  that of the probation or community control, then, upon
  124  expiration of the probation or community control, authority for
  125  the supervision reverts shall revert to the commission and the
  126  supervision is shall be subject to the conditions imposed by the
  127  commission. A panel of no fewer than two commissioners shall
  128  establish the terms and conditions of any such release. If the
  129  offense was a controlled substance violation, the conditions
  130  shall include a requirement that the offender submit to random
  131  substance abuse testing intermittently throughout the term of
  132  mandatory conditional release supervision, upon the direction of
  133  the correctional probation officer as defined in s. 943.10(3).
  134  The commission shall also determine whether the terms and
  135  conditions of the such release have been violated and whether
  136  the such violation warrants revocation of the mandatory
  137  supervision conditional release.
  138         (3) As part of the mandatory supervision conditional
  139  release process, the commission, through review and
  140  consideration of information provided by the department, shall
  141  determine:
  142         (a) The amount of reparation or restitution.
  143         (b) The consequences of the offense as reported by the
  144  aggrieved party.
  145         (c) The aggrieved party’s fear of the inmate or concerns
  146  about the release of the inmate.
  147         (4) The commission shall provide to the aggrieved party
  148  information regarding the manner in which notice of any
  149  developments concerning the status of the inmate during the term
  150  of mandatory supervision conditional release may be requested.
  151         (5) Within 180 days before prior to the tentative release
  152  date or provisional release date, whichever is earlier, a
  153  representative of the department shall review the inmate’s
  154  program participation, disciplinary record, psychological and
  155  medical records, criminal records, and any other information
  156  pertinent to the impending release. The department shall gather
  157  and compile information necessary for the commission to make the
  158  determinations set forth in subsection (3). A department
  159  representative shall conduct a personal interview with the
  160  inmate for the purpose of determining the details of the
  161  inmate’s release plan, including the inmate’s planned residence
  162  and employment. The department representative shall forward the
  163  inmate’s release plan to the commission and recommend to the
  164  commission the terms and conditions of the mandatory supervision
  165  conditional release.
  166         (6) The commission shall review the recommendations of the
  167  department, and such other information as it deems relevant, and
  168  may conduct a review of the inmate’s record for the purpose of
  169  establishing the terms and conditions of the mandatory
  170  supervision conditional release. The commission may impose any
  171  special conditions it considers warranted from its review of the
  172  release plan and recommendation. If the commission determines
  173  that the inmate is eligible for release under this section, the
  174  commission shall enter an order establishing the length of
  175  supervision and the conditions attendant thereto. However, an
  176  inmate who has been convicted of a violation of chapter 794 or
  177  found by the court to be a sexual predator is subject to the
  178  maximum level of supervision provided, with the mandatory
  179  conditions as required in subsection (7), and that supervision
  180  shall continue through the end of the releasee’s original court
  181  imposed sentence. The length of supervision must not exceed the
  182  maximum penalty imposed by the court.
  183         (7)(a) An Any inmate who is convicted of a crime committed
  184  on or after October 1, 1995, or who has been previously
  185  convicted of a crime committed on or after October 1, 1995, in
  186  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
  187  or s. 847.0145, and is subject to mandatory conditional release
  188  supervision, shall have, in addition to any other conditions
  189  imposed, the following special conditions imposed by the
  190  commission:
  191         1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
  192  may designate another 8-hour period if the offender’s employment
  193  precludes the above specified time, and such alternative is
  194  recommended by the Department of Corrections. If the commission
  195  determines that imposing a curfew would endanger the victim, the
  196  commission may consider alternative sanctions.
  197         2. If the victim was under the age of 18, a prohibition on
  198  living within 1,000 feet of a school, child care facility, park,
  199  playground, designated public school bus stop, or other place
  200  where children regularly congregate. A releasee who is subject
  201  to this subparagraph may not relocate to a residence that is
  202  within 1,000 feet of a public school bus stop. Beginning October
  203  1, 2004, the commission or the department may not approve a
  204  residence that is located within 1,000 feet of a school, child
  205  care facility, park, playground, designated school bus stop, or
  206  other place where children regularly congregate for any releasee
  207  who is subject to this subparagraph. On October 1, 2004, the
  208  department shall notify each affected school district of the
  209  location of the residence of a releasee 30 days before prior to
  210  release and thereafter, if the releasee relocates to a new
  211  residence, shall notify any affected school district of the
  212  residence of the releasee within 30 days after relocation. If,
  213  on October 1, 2004, any public school bus stop is located within
  214  1,000 feet of the existing residence of such releasee, the
  215  district school board shall relocate that school bus stop.
  216  Beginning October 1, 2004, a district school board may not
  217  establish or relocate a public school bus stop within 1,000 feet
  218  of the residence of a releasee who is subject to this
  219  subparagraph. The failure of the district school board to comply
  220  with this subparagraph is not grounds for a finding of shall not
  221  result in a violation of mandatory conditional release
  222  supervision. A releasee who is subject to this subparagraph may
  223  not be forced to relocate and does not violate his or her
  224  mandatory conditional release supervision if he or she is living
  225  in a residence that meets the requirements of this subparagraph
  226  and a school, child care facility, park, playground, designated
  227  public school bus stop, or other place where children regularly
  228  congregate is subsequently established within 1,000 feet of his
  229  or her residence.
  230         3. Active participation in and successful completion of a
  231  sex offender treatment program with qualified practitioners
  232  specifically trained to treat sex offenders, at the releasee’s
  233  own expense. If a qualified practitioner is not available within
  234  a 50-mile radius of the releasee’s residence, the offender shall
  235  participate in other appropriate therapy.
  236         4. A prohibition on any contact with the victim, directly
  237  or indirectly, including through a third person, unless approved
  238  by the victim, a qualified practitioner in the sexual offender
  239  treatment program, and the sentencing court.
  240         5. If the victim was under the age of 18, a prohibition
  241  against contact with children under the age of 18 without review
  242  and approval by the commission. The commission may approve
  243  supervised contact with a child under the age of 18 if the
  244  approval is based upon a recommendation for contact issued by a
  245  qualified practitioner who is basing the recommendation on a
  246  risk assessment. Further, the sex offender must be currently
  247  enrolled in or have successfully completed a sex offender
  248  therapy program. The commission may not grant supervised contact
  249  with a child if the contact is not recommended by a qualified
  250  practitioner and may deny supervised contact with a child at any
  251  time. When considering whether to approve supervised contact
  252  with a child, the commission must review and consider the
  253  following:
  254         a. A risk assessment completed by a qualified practitioner.
  255  The qualified practitioner must prepare a written report that
  256  must include the findings of the assessment and address each of
  257  the following components:
  258         (I) The sex offender’s current legal status;
  259         (II) The sex offender’s history of adult charges with
  260  apparent sexual motivation;
  261         (III) The sex offender’s history of adult charges without
  262  apparent sexual motivation;
  263         (IV) The sex offender’s history of juvenile charges,
  264  whenever available;
  265         (V) The sex offender’s offender treatment history,
  266  including a consultation from the sex offender’s treating, or
  267  most recent treating, therapist;
  268         (VI) The sex offender’s current mental status;
  269         (VII) The sex offender’s mental health and substance abuse
  270  history as provided by the Department of Corrections;
  271         (VIII) The sex offender’s personal, social, educational,
  272  and work history;
  273         (IX) The results of current psychological testing of the
  274  sex offender if determined necessary by the qualified
  275  practitioner;
  276         (X) A description of the proposed contact, including the
  277  location, frequency, duration, and supervisory arrangement;
  278         (XI) The child’s preference and relative comfort level with
  279  the proposed contact, when age-appropriate;
  280         (XII) The parent’s or legal guardian’s preference regarding
  281  the proposed contact; and
  282         (XIII) The qualified practitioner’s opinion, along with the
  283  basis for that opinion, as to whether the proposed contact would
  284  likely pose significant risk of emotional or physical harm to
  285  the child.
  286  
  287  The written report of the assessment must be given to the
  288  commission.
  289         b. A recommendation made as a part of the risk-assessment
  290  report as to whether supervised contact with the child should be
  291  approved.;
  292         c. A written consent signed by the child’s parent or legal
  293  guardian, if the parent or legal guardian is not the sex
  294  offender, agreeing to the sex offender having supervised contact
  295  with the child after receiving full disclosure of the sex
  296  offender’s present legal status, past criminal history, and the
  297  results of the risk assessment. The commission may not approve
  298  contact with the child if the parent or legal guardian refuses
  299  to give written consent for supervised contact.;
  300         d. A safety plan prepared by the qualified practitioner,
  301  who provides treatment to the offender, in collaboration with
  302  the sex offender, the child’s parent or legal guardian, and the
  303  child, when age appropriate, which details the acceptable
  304  conditions of contact between the sex offender and the child.
  305  The safety plan must be reviewed and approved by the Department
  306  of Corrections before being submitted to the commission.; and
  307         e. Evidence that the child’s parent or legal guardian, if
  308  the parent or legal guardian is not the sex offender,
  309  understands the need for and agrees to the safety plan and has
  310  agreed to provide, or to designate another adult to provide,
  311  constant supervision any time the child is in contact with the
  312  offender.
  313  
  314  The commission may not appoint a person to conduct a risk
  315  assessment and may not accept a risk assessment from a person
  316  who has not demonstrated to the commission that he or she has
  317  met the requirements of a qualified practitioner as defined in
  318  this section.
  319         6. If the victim was under age 18, a prohibition on working
  320  for pay or as a volunteer at any school, child care facility,
  321  park, playground, or other place where children regularly
  322  congregate, as prescribed by the commission.
  323         7. Unless otherwise indicated in the treatment plan
  324  provided by a qualified practitioner in the sexual offender
  325  treatment program, a prohibition on viewing, owning, or
  326  possessing any obscene, pornographic, or sexually stimulating
  327  visual or auditory material, including telephone, electronic
  328  media, computer programs, or computer services that are relevant
  329  to the offender’s deviant behavior pattern.
  330         8. Effective for a releasee whose crime is committed on or
  331  after July 1, 2005, a prohibition on accessing the Internet or
  332  other computer services until a qualified practitioner in the
  333  offender’s sex offender treatment program, after a risk
  334  assessment is completed, approves and implements a safety plan
  335  for the offender’s accessing or using the Internet or other
  336  computer services.
  337         9. A requirement that the releasee must submit two
  338  specimens of blood to the Department of Law Enforcement to be
  339  registered with the DNA database.
  340         10. A requirement that the releasee make restitution to the
  341  victim, as determined by the sentencing court or the commission,
  342  for all necessary medical and related professional services
  343  relating to physical, psychiatric, and psychological care.
  344         11. Submission to a warrantless search by the community
  345  control or probation officer of the probationer’s or community
  346  controllee’s person, residence, or vehicle.
  347         (b) For a releasee whose crime was committed on or after
  348  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  349  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  350  mandatory conditional release supervision, in addition to any
  351  other provision of this subsection, the commission shall impose
  352  the following additional conditions of mandatory conditional
  353  release supervision:
  354         1. As part of a treatment program, participation in a
  355  minimum of one annual polygraph examination to obtain
  356  information necessary for risk management and treatment and to
  357  reduce the sex offender’s denial mechanisms. The polygraph
  358  examination must be conducted by a polygrapher who is a member
  359  of a national or state polygraph association and who is
  360  certified as a postconviction sex offender polygrapher, where
  361  available, and at the expense of the releasee. The results of
  362  the examination shall be provided to the releasee’s probation
  363  officer and qualified practitioner and may not be used as
  364  evidence in a hearing to prove that a violation of supervision
  365  has occurred.
  366         2. Maintenance of a driving log and a prohibition against
  367  driving a motor vehicle alone without the prior approval of the
  368  supervising officer.
  369         3. A prohibition against obtaining or using a post office
  370  box without the prior approval of the supervising officer.
  371         4. If there was sexual contact, a submission to, at the
  372  releasee’s expense, an HIV test with the results to be released
  373  to the victim or the victim’s parent or guardian.
  374         5. Electronic monitoring of any form when ordered by the
  375  commission. Any person who has been placed under supervision and
  376  is electronically monitored by the department must pay the
  377  department for the cost of the electronic monitoring service at
  378  a rate that may not exceed the full cost of the monitoring
  379  service. Funds collected under this subparagraph shall be
  380  deposited into the General Revenue Fund. The department may
  381  exempt a person from the payment of all or any part of the
  382  electronic monitoring service cost if the department finds that
  383  any of the factors listed in s. 948.09(3) exist.
  384         (8) It is the finding of the Legislature that the
  385  population of offenders released from state prison into the
  386  community who meet the mandatory supervision conditional release
  387  criteria poses the greatest threat to the public safety of the
  388  groups of offenders under community supervision. Therefore, the
  389  Department of Corrections shall is to provide intensive
  390  supervision by experienced correctional probation officers to
  391  mandatory supervision conditional release offenders. Subject to
  392  specific appropriation by the Legislature, caseloads may be
  393  restricted to a maximum of 40 mandatory supervision conditional
  394  release offenders per officer to provide for enhanced public
  395  safety and to effectively monitor conditions of electronic
  396  monitoring or curfews, if so ordered by the commission.
  397         (9) The commission shall adopt rules pursuant to ss.
  398  120.536(1) and 120.54 necessary to administer implement the
  399  provisions of the Mandatory Supervision Conditional Release
  400  Program Act.
  401         (10) Effective for a releasee whose crime was committed on
  402  or after September 1, 2005, in violation of chapter 794, s.
  403  800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
  404  unlawful activity involved a victim who was 15 years of age or
  405  younger and the offender is 18 years of age or older or for a
  406  releasee who is designated as a sexual predator pursuant to s.
  407  775.21, in addition to any other provision of this section, the
  408  commission must order electronic monitoring for the duration of
  409  the releasee’s supervision.
  410         (11) Effective for a releasee whose crime was committed on
  411  or after October 1, 2008, and who has been found to have
  412  committed the crime for the purpose of benefiting, promoting, or
  413  furthering the interests of a criminal gang, the commission
  414  shall, in addition to any other conditions imposed, impose a
  415  condition prohibiting the releasee from knowingly associating
  416  with other criminal gang members or associates, except as
  417  authorized by law enforcement officials, prosecutorial
  418  authorities, or the court, for the purpose of aiding in the
  419  investigation of criminal activity.
  420         (12) In addition to all other conditions imposed, for a
  421  releasee who is subject to mandatory supervision conditional
  422  release for a crime that was committed on or after May 26, 2010,
  423  and who has been convicted at any time of committing, or
  424  attempting, soliciting, or conspiring to commit, any of the
  425  criminal offenses listed in s. 943.0435(1)(a)1.a.(I), or a
  426  similar offense in another jurisdiction against a victim who was
  427  under 18 years of age at the time of the offense, if the
  428  releasee has not received a pardon for any felony or similar law
  429  of another jurisdiction necessary for the operation of this
  430  subsection, if a conviction of a felony or similar law of
  431  another jurisdiction necessary for the operation of this
  432  subsection has not been set aside in any postconviction
  433  proceeding, or if the releasee has not been removed from the
  434  requirement to register as a sexual offender or sexual predator
  435  pursuant to s. 943.04354, the commission must impose the
  436  following conditions:
  437         (a) A prohibition on visiting schools, child care
  438  facilities, parks, and playgrounds without prior approval from
  439  the releasee’s supervising officer. The commission may also
  440  designate additional prohibited locations to protect a victim.
  441  The prohibition ordered under this paragraph does not prohibit
  442  the releasee from visiting a school, child care facility, park,
  443  or playground for the sole purpose of attending a religious
  444  service as defined in s. 775.0861 or picking up or dropping off
  445  the releasee’s child or grandchild at a child care facility or
  446  school.
  447         (b) A prohibition on distributing candy or other items to
  448  children on Halloween; wearing a Santa Claus costume, or other
  449  costume to appeal to children, on or preceding Christmas;
  450  wearing an Easter Bunny costume, or other costume to appeal to
  451  children, on or preceding Easter; entertaining at children’s
  452  parties; or wearing a clown costume without prior approval from
  453  the commission.
  454         (13) The commission, in conjunction with the Department of
  455  Corrections, shall develop a report to track offenders placed on
  456  mandatory supervision to determine their rate of return to
  457  prison, indicating whether the offender returned to prison for a
  458  new crime or for a technical violation of probation. A report
  459  providing such information shall be submitted to the Speaker of
  460  the House of Representatives and the President of the Senate on
  461  or before July 1, 2017, and on or before July 1 every year
  462  thereafter.
  463         Section 4. Paragraph (c) of subsection (5) of section
  464  216.136, Florida Statutes, is amended to read:
  465         216.136 Consensus estimating conferences; duties and
  466  principals.—
  467         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
  468  Justice Estimating Conference shall:
  469         (c) Develop official information relating to the number of
  470  sexual offenders and sexual predators who are required by law to
  471  be placed on community control, probation, or mandatory
  472  supervision conditional release who are subject to electronic
  473  monitoring.
  474         Section 5. Subsection (2) of section 394.926, Florida
  475  Statutes, is amended to read:
  476         394.926 Notice to victims of release of persons committed
  477  as sexually violent predators; notice to Department of
  478  Corrections and Parole Commission.—
  479         (2) If a sexually violent predator who has an active or
  480  pending term of probation, community control, parole, mandatory
  481  supervision conditional release, or other court-ordered or
  482  postprison release supervision is released from custody, the
  483  department must immediately notify the Department of
  484  Corrections’ Office of Community Corrections in Tallahassee. The
  485  Parole Commission must also be immediately notified of any
  486  releases of a sexually violent predator who has an active or
  487  pending term of parole, mandatory supervision conditional
  488  release, or other postprison release supervision that is
  489  administered by the Parole Commission.
  490         Section 6. Subsection (2) of section 394.927, Florida
  491  Statutes, is amended to read:
  492         394.927 Escape while in lawful custody; notice to victim;
  493  notice to the Department of Corrections and Parole Commission.—
  494         (2) If a person who is held in custody pursuant to a
  495  finding of probable cause or commitment as a sexually violent
  496  predator escapes while in custody, the department shall
  497  immediately notify the victim in accordance with s. 394.926. The
  498  state attorney that filed the petition for civil commitment of
  499  the escapee must also be immediately notified by the department.
  500  If the escapee has an active or pending term of probation,
  501  community control, parole, mandatory supervision conditional
  502  release, or other court-ordered or postprison release
  503  supervision, the department shall also immediately notify the
  504  Department of Corrections’ Office of Community Corrections in
  505  Tallahassee. The Parole Commission shall also be immediately
  506  notified of an escape if the escapee has an active or pending
  507  term of parole, mandatory supervision conditional release, or
  508  other postprison release supervision that is administered by the
  509  Parole Commission.
  510         Section 7. Paragraphs (a), (b), and (d) of subsection (1)
  511  of section 775.084, Florida Statutes, are amended to read:
  512         775.084 Violent career criminals; habitual felony offenders
  513  and habitual violent felony offenders; three-time violent felony
  514  offenders; definitions; procedure; enhanced penalties or
  515  mandatory minimum prison terms.—
  516         (1) As used in this act:
  517         (a) “Habitual felony offender” means a defendant for whom
  518  the court may impose an extended term of imprisonment, as
  519  provided in paragraph (4)(a), if it finds that:
  520         1. The defendant has previously been convicted of any
  521  combination of two or more felonies in this state or other
  522  qualified offenses.
  523         2. The felony for which the defendant is to be sentenced
  524  was committed:
  525         a. While the defendant was serving a prison sentence or
  526  other sentence, or court-ordered or lawfully imposed supervision
  527  that is imposed as a result of a prior conviction for a felony
  528  or other qualified offense; or
  529         b. Within 5 years of the date of the conviction of the
  530  defendant’s last prior felony or other qualified offense, or
  531  within 5 years of the defendant’s release from a prison
  532  sentence, probation, community control, control release,
  533  mandatory supervision, conditional release, parole or court
  534  ordered or lawfully imposed supervision or other sentence that
  535  is imposed as a result of a prior conviction for a felony or
  536  other qualified offense, whichever is later.
  537         3. The felony for which the defendant is to be sentenced,
  538  and one of the two prior felony convictions, is not a violation
  539  of s. 893.13 relating to the purchase or the possession of a
  540  controlled substance.
  541         4. The defendant has not received a pardon for any felony
  542  or other qualified offense that is necessary for the operation
  543  of this paragraph.
  544         5. A conviction of a felony or other qualified offense
  545  necessary to the operation of this paragraph has not been set
  546  aside in any postconviction proceeding.
  547         (b) “Habitual violent felony offender” means a defendant
  548  for whom the court may impose an extended term of imprisonment,
  549  as provided in paragraph (4)(b), if it finds that:
  550         1. The defendant has previously been convicted of a felony
  551  or an attempt or conspiracy to commit a felony and one or more
  552  of such convictions was for:
  553         a. Arson;
  554         b. Sexual battery;
  555         c. Robbery;
  556         d. Kidnapping;
  557         e. Aggravated child abuse;
  558         f. Aggravated abuse of an elderly person or disabled adult;
  559         g. Aggravated assault with a deadly weapon;
  560         h. Murder;
  561         i. Manslaughter;
  562         j. Aggravated manslaughter of an elderly person or disabled
  563  adult;
  564         k. Aggravated manslaughter of a child;
  565         l. Unlawful throwing, placing, or discharging of a
  566  destructive device or bomb;
  567         m. Armed burglary;
  568         n. Aggravated battery; or
  569         o. Aggravated stalking.
  570         2. The felony for which the defendant is to be sentenced
  571  was committed:
  572         a. While the defendant was serving a prison sentence or
  573  other sentence, or court-ordered or lawfully imposed supervision
  574  that is imposed as a result of a prior conviction for an
  575  enumerated felony; or
  576         b. Within 5 years of the date of the conviction of the last
  577  prior enumerated felony, or within 5 years of the defendant’s
  578  release from a prison sentence, probation, community control,
  579  control release, mandatory supervision, conditional release,
  580  parole, or court-ordered or lawfully imposed supervision or
  581  other sentence that is imposed as a result of a prior conviction
  582  for an enumerated felony, whichever is later.
  583         3. The defendant has not received a pardon on the ground of
  584  innocence for any crime that is necessary for the operation of
  585  this paragraph.
  586         4. A conviction of a crime necessary to the operation of
  587  this paragraph has not been set aside in any postconviction
  588  proceeding.
  589         (d) “Violent career criminal” means a defendant for whom
  590  the court must impose imprisonment pursuant to paragraph (4)(d),
  591  if it finds that:
  592         1. The defendant has previously been convicted as an adult
  593  three or more times for an offense in this state or other
  594  qualified offense that is:
  595         a. Any forcible felony, as described in s. 776.08;
  596         b. Aggravated stalking, as described in s. 784.048(3) and
  597  (4);
  598         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  599         d. Aggravated abuse of an elderly person or disabled adult,
  600  as described in s. 825.102(2);
  601         e. Lewd or lascivious battery, lewd or lascivious
  602  molestation, lewd or lascivious conduct, or lewd or lascivious
  603  exhibition, as described in s. 800.04 or s. 847.0135(5);
  604         f. Escape, as described in s. 944.40; or
  605         g. A felony violation of chapter 790 involving the use or
  606  possession of a firearm.
  607         2. The defendant has been incarcerated in a state prison or
  608  a federal prison.
  609         3. The primary felony offense for which the defendant is to
  610  be sentenced is a felony enumerated in subparagraph 1. and was
  611  committed on or after October 1, 1995, and:
  612         a. While the defendant was serving a prison sentence or
  613  other sentence, or court-ordered or lawfully imposed supervision
  614  that is imposed as a result of a prior conviction for an
  615  enumerated felony; or
  616         b. Within 5 years after the conviction of the last prior
  617  enumerated felony, or within 5 years after the defendant’s
  618  release from a prison sentence, probation, community control,
  619  control release, mandatory supervision conditional release,
  620  parole, or court-ordered or lawfully imposed supervision or
  621  other sentence that is imposed as a result of a prior conviction
  622  for an enumerated felony, whichever is later.
  623         4. The defendant has not received a pardon for any felony
  624  or other qualified offense that is necessary for the operation
  625  of this paragraph.
  626         5. A conviction of a felony or other qualified offense
  627  necessary to the operation of this paragraph has not been set
  628  aside in any postconviction proceeding.
  629         Section 8. Section 775.16, Florida Statutes, is amended to
  630  read:
  631         775.16 Drug offenses; additional penalties.—In addition to
  632  any other penalty provided by law, a person who has been
  633  convicted of sale of or trafficking in, or conspiracy to sell or
  634  traffic in, a controlled substance under chapter 893, if such
  635  offense is a felony, or who has been convicted of an offense
  636  under the laws of any state or country which, if committed in
  637  this state, would constitute the felony of selling or
  638  trafficking in, or conspiracy to sell or traffic in, a
  639  controlled substance under chapter 893, is:
  640         (1) Disqualified from applying for employment by any agency
  641  of the state, unless:
  642         (a) The person has completed all sentences of imprisonment
  643  or supervisory sanctions imposed by the court, by the Parole
  644  Commission, or by law; or
  645         (b) The person has complied with the conditions of
  646  subparagraphs 1. and 2. which shall be monitored by the
  647  Department of Corrections while the person is under any
  648  supervisory sanctions. The person under supervision may:
  649         1. Seek evaluation and enrollment in, and once enrolled
  650  maintain enrollment in until completion, a drug treatment and
  651  rehabilitation program that which is approved by the Department
  652  of Children and Family Services, unless it is deemed by the
  653  program that the person does not have a substance abuse problem.
  654  The treatment and rehabilitation program may be specified by:
  655         a. The court, in the case of court-ordered supervisory
  656  sanctions;
  657         b. The Parole Commission, in the case of parole, control
  658  release, or mandatory supervision conditional release; or
  659         c. The Department of Corrections, in the case of
  660  imprisonment or any other supervision required by law.
  661         2. Submit to periodic urine drug testing pursuant to
  662  procedures prescribed by the Department of Corrections. If the
  663  person is indigent, the costs shall be paid by the Department of
  664  Corrections.
  665         (2) Disqualified from applying for a license, permit, or
  666  certificate required by any agency of the state to practice,
  667  pursue, or engage in any occupation, trade, vocation,
  668  profession, or business, unless:
  669         (a) The person has completed all sentences of imprisonment
  670  or supervisory sanctions imposed by the court, by the Parole
  671  Commission, or by law;
  672         (b) The person has complied with the conditions of
  673  subparagraphs 1. and 2. which shall be monitored by the
  674  Department of Corrections while the person is under any
  675  supervisory sanction. If the person fails to comply with
  676  provisions of these subparagraphs by either failing to maintain
  677  treatment or by testing positive for drug use, the department
  678  shall notify the licensing, permitting, or certifying agency,
  679  which may refuse to reissue or reinstate such license, permit,
  680  or certification. The licensee, permittee, or certificateholder
  681  under supervision may:
  682         1. Seek evaluation and enrollment in, and once enrolled
  683  maintain enrollment in until completion, a drug treatment and
  684  rehabilitation program which is approved or regulated by the
  685  Department of Children and Family Services, unless it is deemed
  686  by the program that the person does not have a substance abuse
  687  problem. The treatment and rehabilitation program may be
  688  specified by:
  689         a. The court, in the case of court-ordered supervisory
  690  sanctions;
  691         b. The Parole Commission, in the case of parole, control
  692  release, or mandatory supervision conditional release; or
  693         c. The Department of Corrections, in the case of
  694  imprisonment or any other supervision required by law.
  695         2. Submit to periodic urine drug testing pursuant to
  696  procedures prescribed by the Department of Corrections. If the
  697  person is indigent, the costs shall be paid by the Department of
  698  Corrections; or
  699         (c) The person has successfully completed an appropriate
  700  program under the Correctional Education Program.
  701  
  702  The provisions of this section do not apply to any of the taxes,
  703  fees, or permits regulated, controlled, or administered by the
  704  Department of Revenue in accordance with the provisions of s.
  705  213.05.
  706         Section 9. Paragraph (e) of subsection (2) of section
  707  775.21, Florida Statutes, is amended to read:
  708         775.21 The Florida Sexual Predators Act.—
  709         (2) DEFINITIONS.—As used in this section, the term:
  710         (e) “Conviction” means a determination of guilt which is
  711  the result of a trial or the entry of a plea of guilty or nolo
  712  contendere, regardless of whether adjudication is withheld. A
  713  conviction for a similar offense includes, but is not limited
  714  to, a conviction by a federal or military tribunal, including
  715  courts-martial conducted by the Armed Forces of the United
  716  States, and includes a conviction or entry of a plea of guilty
  717  or nolo contendere resulting in a sanction in any state of the
  718  United States or other jurisdiction. A sanction includes, but is
  719  not limited to, a fine, probation, community control, parole,
  720  mandatory supervision conditional release, control release, or
  721  incarceration in a state prison, federal prison, private
  722  correctional facility, or local detention facility.
  723         Section 10. Paragraph (a) of subsection (3) of section
  724  775.261, Florida Statutes, is amended to read:
  725         775.261 The Florida Career Offender Registration Act.—
  726         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
  727         (a) A career offender released on or after July 1, 2002,
  728  from a sanction imposed in this state must register as required
  729  under subsection (4) and is subject to community and public
  730  notification as provided under subsection (5). For purposes of
  731  this section, a sanction imposed in this state includes, but is
  732  not limited to, a fine, probation, community control, parole,
  733  mandatory supervision conditional release, control release, or
  734  incarceration in a state prison, private correctional facility,
  735  or local detention facility, and:
  736         1. The career offender has not received a pardon for any
  737  felony or other qualified offense that is necessary for the
  738  operation of this paragraph; or
  739         2. A conviction of a felony or other qualified offense
  740  necessary to the operation of this paragraph has not been set
  741  aside in any postconviction proceeding.
  742         Section 11. Section 893.11, Florida Statutes, is amended to
  743  read:
  744         893.11 Suspension, revocation, and reinstatement of
  745  business and professional licenses.—For the purposes of s.
  746  120.60(6), any conviction in any court reported to the
  747  Comprehensive Case Information System of the Florida Association
  748  of Court Clerks and Comptrollers, Inc., for the sale of, or
  749  trafficking in, a controlled substance or for conspiracy to
  750  sell, or traffic in, a controlled substance constitutes an
  751  immediate serious danger to the public health, safety, or
  752  welfare, and is grounds for disciplinary action by the licensing
  753  state agency. A state agency shall initiate an immediate
  754  emergency suspension of an individual professional license
  755  issued by the agency, in compliance with the procedures for
  756  summary suspensions in s. 120.60(6), upon the agency’s findings
  757  of the licensee’s conviction in any court reported to the
  758  Comprehensive Case Information System of the Florida Association
  759  of Court Clerks and Comptrollers, Inc., for the sale of, or
  760  trafficking in, a controlled substance, or for conspiracy to
  761  sell, or traffic in, a controlled substance. Before renewing any
  762  professional license, a state agency that issues a professional
  763  license must use the Comprehensive Case Information System of
  764  the Florida Association of Court Clerks and Comptrollers, Inc.,
  765  to obtain information relating to any conviction for the sale
  766  of, or trafficking in, a controlled substance or for conspiracy
  767  to sell, or traffic in, a controlled substance. The clerk of
  768  court shall provide electronic access to each state agency at no
  769  cost and also provide certified copies of the judgment upon
  770  request to the agency. Upon a showing by any such convicted
  771  defendant whose professional license has been suspended or
  772  revoked pursuant to this section that his or her civil rights
  773  have been restored or upon a showing that the convicted
  774  defendant meets the following criteria, the agency head may
  775  reinstate or reactivate such license when:
  776         (1) The person has complied with the conditions of
  777  paragraphs (a) and (b) which shall be monitored by the
  778  Department of Corrections while the person is under any
  779  supervisory sanction. If the person fails to comply with
  780  provisions of these paragraphs by either failing to maintain
  781  treatment or by testing positive for drug use, the department
  782  shall notify the licensing agency, which shall revoke the
  783  license. The person under supervision may:
  784         (a) Seek evaluation and enrollment in, and once enrolled
  785  maintain enrollment in until completion, a drug treatment and
  786  rehabilitation program that which is approved or regulated by
  787  the Department of Children and Family Services. The treatment
  788  and rehabilitation program shall be specified by:
  789         1. The court, in the case of court-ordered supervisory
  790  sanctions;
  791         2. The Parole Commission, in the case of parole, control
  792  release, or mandatory supervision conditional release; or
  793         3. The Department of Corrections, in the case of
  794  imprisonment or any other supervision required by law.
  795         (b) Submit to periodic urine drug testing pursuant to
  796  procedures prescribed by the Department of Corrections. If the
  797  person is indigent, the costs shall be paid by the Department of
  798  Corrections; or
  799         (2) The person has successfully completed an appropriate
  800  program under the Correctional Education Program.
  801         (3) As used in this section, the term “professional
  802  license” includes any license, permit, or certificate that
  803  authorizes a person to practice his or her profession. However,
  804  the term does not include any of the taxes, fees, or permits
  805  regulated, controlled, or administered by the Department of
  806  Revenue in accordance with s. 213.05.
  807         Section 12. Paragraphs (a) and (b) of subsection (1) of
  808  section 943.0435, Florida Statutes, are amended to read:
  809         943.0435 Sexual offenders required to register with the
  810  department; penalty.—
  811         (1) As used in this section, the term:
  812         (a)1. “Sexual offender” means a person who meets the
  813  criteria in sub-subparagraph a., sub-subparagraph b., sub
  814  subparagraph c., or sub-subparagraph d., as follows:
  815         a.(I) Has been convicted of committing, or attempting,
  816  soliciting, or conspiring to commit, any of the criminal
  817  offenses proscribed in the following statutes in this state or
  818  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
  819  or s. 787.025(2)(c), where the victim is a minor and the
  820  defendant is not the victim’s parent or guardian; s.
  821  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
  822  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
  823  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  824  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  825  or s. 985.701(1); or any similar offense committed in this state
  826  which has been redesignated from a former statute number to one
  827  of those listed in this sub-sub-subparagraph; and
  828         (II) Has been released on or after October 1, 1997, from
  829  the sanction imposed for any conviction of an offense described
  830  in sub-sub-subparagraph (I). For purposes of sub-sub
  831  subparagraph (I), a sanction imposed in this state or in any
  832  other jurisdiction includes, but is not limited to, a fine,
  833  probation, community control, parole, mandatory supervision
  834  conditional release, control release, or incarceration in a
  835  state prison, federal prison, private correctional facility, or
  836  local detention facility;
  837         b. Establishes or maintains a residence in this state and
  838  who has not been designated as a sexual predator by a court of
  839  this state but who has been designated as a sexual predator, as
  840  a sexually violent predator, or by another sexual offender
  841  designation in another state or jurisdiction and was, as a
  842  result of such designation, subjected to registration or
  843  community or public notification, or both, or would be if the
  844  person were a resident of that state or jurisdiction, without
  845  regard to whether the person otherwise meets the criteria for
  846  registration as a sexual offender;
  847         c. Establishes or maintains a residence in this state who
  848  is in the custody or control of, or under the supervision of,
  849  any other state or jurisdiction as a result of a conviction for
  850  committing, or attempting, soliciting, or conspiring to commit,
  851  any of the criminal offenses proscribed in the following
  852  statutes or similar offense in another jurisdiction: s. 787.01,
  853  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  854  the defendant is not the victim’s parent or guardian; s.
  855  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
  856  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
  857  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  858  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  859  or s. 985.701(1); or any similar offense committed in this state
  860  which has been redesignated from a former statute number to one
  861  of those listed in this sub-subparagraph; or
  862         d. On or after July 1, 2007, has been adjudicated
  863  delinquent for committing, or attempting, soliciting, or
  864  conspiring to commit, any of the criminal offenses proscribed in
  865  the following statutes in this state or similar offenses in
  866  another jurisdiction when the juvenile was 14 years of age or
  867  older at the time of the offense:
  868         (I) Section 794.011, excluding s. 794.011(10);
  869         (II) Section 800.04(4)(b) where the victim is under 12
  870  years of age or where the court finds sexual activity by the use
  871  of force or coercion;
  872         (III) Section 800.04(5)(c)1. where the court finds
  873  molestation involving unclothed genitals; or
  874         (IV) Section 800.04(5)(d) where the court finds the use of
  875  force or coercion and unclothed genitals.
  876         2. For all qualifying offenses listed in sub-subparagraph
  877  (1)(a)1.d., the court shall make a written finding of the age of
  878  the offender at the time of the offense.
  879  
  880  For each violation of a qualifying offense listed in this
  881  subsection, the court shall make a written finding of the age of
  882  the victim at the time of the offense. For a violation of s.
  883  800.04(4), the court shall additionally make a written finding
  884  indicating that the offense did or did not involve sexual
  885  activity and indicating that the offense did or did not involve
  886  force or coercion. For a violation of s. 800.04(5), the court
  887  shall additionally make a written finding that the offense did
  888  or did not involve unclothed genitals or genital area and that
  889  the offense did or did not involve the use of force or coercion.
  890         (b) “Convicted” means that there has been a determination
  891  of guilt as a result of a trial or the entry of a plea of guilty
  892  or nolo contendere, regardless of whether adjudication is
  893  withheld, and includes an adjudication of delinquency of a
  894  juvenile as specified in this section. Conviction of a similar
  895  offense includes, but is not limited to, a conviction by a
  896  federal or military tribunal, including courts-martial conducted
  897  by the Armed Forces of the United States, and includes a
  898  conviction or entry of a plea of guilty or nolo contendere
  899  resulting in a sanction in any state of the United States or
  900  other jurisdiction. A sanction includes, but is not limited to,
  901  a fine, probation, community control, parole, mandatory
  902  supervision conditional release, control release, or
  903  incarceration in a state prison, federal prison, private
  904  correctional facility, or local detention facility.
  905         Section 13. Paragraph (a) of subsection (7) of section
  906  943.325, Florida Statutes, is amended to read:
  907         943.325 DNA database.—
  908         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
  909         (a) Any qualifying offender, who is:
  910         1. Arrested in this state;
  911         2. Incarcerated in this state; or
  912         3. On probation, community control, parole, mandatory
  913  supervision conditional release, control release, or any other
  914  type of court-ordered supervision in this state,
  915  
  916  shall be required to submit a DNA sample to a department
  917  designated facility.
  918         Section 14. Paragraph (a) of subsection (2) of section
  919  944.171, Florida Statutes, is amended to read:
  920         944.171 Housing of inmates.—
  921         (2) Notwithstanding s. 944.17, the department may enter
  922  into contracts with another state, a political subdivision of
  923  another state, or a correctional management services vendor in
  924  another state for the transfer and confinement in that state of
  925  inmates who have been committed to the custody of the
  926  department.
  927         (a) Any such contract must include:
  928         1. A termination date.
  929         2. Provisions concerning the costs of inmate maintenance,
  930  extraordinary medical and dental expenses, and any participation
  931  in or receipt by inmates of rehabilitative or correctional
  932  services, facilities, programs, or treatment, including those
  933  costs not reasonably included as part of normal maintenance.
  934         3. Provisions concerning participation in programs of
  935  inmate employment, if any, the disposition or crediting of any
  936  payments received by inmates on account of employment, and the
  937  crediting of proceeds or disposal of any products resulting from
  938  employment.
  939         4. Provisions for the delivery and retaking of inmates.
  940         5. A provision for a waiver of extradition by the parties
  941  to the contract.
  942         6. Retention of jurisdiction of the inmates transferred by
  943  Florida.
  944         7. Regular reporting procedures concerning Florida inmates
  945  by officials of the state, political subdivision, or
  946  correctional management services vendor with which the
  947  department is contracting.
  948         8. Provisions concerning procedures for community
  949  supervision, including probation, parole, mandatory supervision
  950  conditional release, and discharge.
  951         9. The same standards of reasonable and humane care as the
  952  inmates would receive in an appropriate institution in this
  953  state.
  954         10. Any other matters that are necessary and appropriate to
  955  establish the obligations, responsibilities, and rights of
  956  Florida and the state, political subdivision, or correctional
  957  management services vendor with which the department is
  958  contracting.
  959         Section 15. Subsection (1) of section 944.28, Florida
  960  Statutes, is amended to read:
  961         944.28 Forfeiture of gain-time and the right to earn gain
  962  time in the future.—
  963         (1) If a prisoner is convicted of escape, or if the
  964  clemency, mandatory supervision as described in chapter 947,
  965  conditional release as described in chapter 947 prior to July 1,
  966  2013, probation or community control as described in chapter
  967  948, provisional release as described in s. 944.277, parole, or
  968  control release as described in s. 947.146 granted to the
  969  prisoner is revoked, the department may, without notice or
  970  hearing, declare a forfeiture of all gain-time earned according
  971  to the provisions of law by such prisoner prior to such escape
  972  or his or her release under such clemency, mandatory supervision
  973  conditional release, probation, community control, provisional
  974  release, control release, or parole.
  975         Section 16. Paragraph (a) of subsection (1) of section
  976  944.606, Florida Statutes, is amended to read:
  977         944.606 Sexual offenders; notification upon release.—
  978         (1) As used in this section:
  979         (a) “Convicted” means there has been a determination of
  980  guilt as a result of a trial or the entry of a plea of guilty or
  981  nolo contendere, regardless of whether adjudication is withheld.
  982  A conviction for a similar offense includes, but is not limited
  983  to, a conviction by a federal or military tribunal, including
  984  courts-martial conducted by the Armed Forces of the United
  985  States, and includes a conviction or entry of a plea of guilty
  986  or nolo contendere resulting in a sanction in any state of the
  987  United States or other jurisdiction. A sanction includes, but is
  988  not limited to, a fine; probation; community control; parole;
  989  mandatory supervision conditional release; control release; or
  990  incarceration in a state prison, federal prison, private
  991  correctional facility, or local detention facility.
  992         Section 17. Paragraph (b) of subsection (1) and subsection
  993  (6) of section 944.607, Florida Statutes, are amended to read:
  994         944.607 Notification to Department of Law Enforcement of
  995  information on sexual offenders.—
  996         (1) As used in this section, the term:
  997         (b) “Conviction” means a determination of guilt which is
  998  the result of a trial or the entry of a plea of guilty or nolo
  999  contendere, regardless of whether adjudication is withheld.
 1000  Conviction of a similar offense includes, but is not limited to,
 1001  a conviction by a federal or military tribunal, including
 1002  courts-martial conducted by the Armed Forces of the United
 1003  States, and includes a conviction or entry of a plea of guilty
 1004  or nolo contendere resulting in a sanction in any state of the
 1005  United States or other jurisdiction. A sanction includes, but is
 1006  not limited to, a fine; probation; community control; parole;
 1007  mandatory supervision conditional release; control release; or
 1008  incarceration in a state prison, federal prison, private
 1009  correctional facility, or local detention facility.
 1010         (6) The information provided to the Department of Law
 1011  Enforcement must include:
 1012         (a) The information obtained from the sexual offender under
 1013  subsection (4);
 1014         (b) The sexual offender’s most current address, place of
 1015  permanent, temporary, or transient residence within the state or
 1016  out of state, and address, location or description, and dates of
 1017  any current or known future temporary residence within the state
 1018  or out of state, while the sexual offender is under supervision
 1019  in this state, including the name of the county or municipality
 1020  in which the offender permanently or temporarily resides, or has
 1021  a transient residence, and address, location or description, and
 1022  dates of any current or known future temporary residence within
 1023  the state or out of state, and, if known, the intended place of
 1024  permanent, temporary, or transient residence, and address,
 1025  location or description, and dates of any current or known
 1026  future temporary residence within the state or out of state upon
 1027  satisfaction of all sanctions;
 1028         (c) The legal status of the sexual offender and the
 1029  scheduled termination date of that legal status;
 1030         (d) The location of, and local telephone number for, any
 1031  Department of Corrections’ office that is responsible for
 1032  supervising the sexual offender;
 1033         (e) An indication of whether the victim of the offense that
 1034  resulted in the offender’s status as a sexual offender was a
 1035  minor;
 1036         (f) The offense or offenses at conviction which resulted in
 1037  the determination of the offender’s status as a sex offender;
 1038  and
 1039         (g) A digitized photograph of the sexual offender which
 1040  must have been taken within 60 days before the offender is
 1041  released from the custody of the department or a private
 1042  correctional facility by expiration of sentence under s. 944.275
 1043  or must have been taken by January 1, 1998, or within 60 days
 1044  after the onset of the department’s supervision of any sexual
 1045  offender who is on probation, community control, mandatory
 1046  supervision conditional release, parole, provisional release, or
 1047  control release or who is supervised by the department under the
 1048  Interstate Compact Agreement for Probationers and Parolees. If
 1049  the sexual offender is in the custody of a private correctional
 1050  facility, the facility shall take a digitized photograph of the
 1051  sexual offender within the time period provided in this
 1052  paragraph and shall provide the photograph to the department.
 1053  
 1054  If any information provided by the department changes during the
 1055  time the sexual offender is under the department’s control,
 1056  custody, or supervision, including any change in the offender’s
 1057  name by reason of marriage or other legal process, the
 1058  department shall, in a timely manner, update the information and
 1059  provide it to the Department of Law Enforcement in the manner
 1060  prescribed in subsection (2).
 1061         Section 18. Subsection (5) of section 944.608, Florida
 1062  Statutes, is amended to read:
 1063         944.608 Notification to Department of Law Enforcement of
 1064  information on career offenders.—
 1065         (5) The information provided to the Department of Law
 1066  Enforcement must include:
 1067         (a) The information obtained from the career offender under
 1068  subsection (3);
 1069         (b) The career offender’s most current address and place of
 1070  permanent and temporary residence within the state or out of
 1071  state while the career offender is under supervision in this
 1072  state, including the name of the county or municipality in which
 1073  the career offender permanently or temporarily resides and, if
 1074  known, the intended place of permanent or temporary residence
 1075  upon satisfaction of all sanctions;
 1076         (c) The legal status of the career offender and the
 1077  scheduled termination date of that legal status;
 1078         (d) The location of, and local telephone number for, any
 1079  Department of Corrections’ office that is responsible for
 1080  supervising the career offender; and
 1081         (e) A digitized photograph of the career offender, which
 1082  must have been taken within 60 days before the career offender
 1083  is released from the custody of the department or a private
 1084  correctional facility or within 60 days after the onset of the
 1085  department’s supervision of any career offender who is on
 1086  probation, community control, mandatory supervision conditional
 1087  release, parole, provisional release, or control release. If the
 1088  career offender is in the custody or control of, or under the
 1089  supervision of, a private correctional facility, the facility
 1090  shall take a digitized photograph of the career offender within
 1091  the time period provided in this paragraph and shall provide the
 1092  photograph to the department.
 1093         Section 19. Section 944.70, Florida Statutes, is amended to
 1094  read:
 1095         944.70 Conditions for release from incarceration.—
 1096         (1)(a) A person who is convicted of a crime committed on or
 1097  after October 1, 1983, but before January 1, 1994, may be
 1098  released from incarceration only:
 1099         1. Upon expiration of the person’s sentence;
 1100         2. Upon expiration of the person’s sentence as reduced by
 1101  accumulated gain-time;
 1102         3. As directed by an executive order granting clemency;
 1103         4. Upon attaining the provisional release date;
 1104         5. Upon placement in a mandatory supervision conditional
 1105  release program pursuant to s. 947.1405; or
 1106         6. Upon the granting of control release pursuant to s.
 1107  947.146.
 1108         (b) A person who is convicted of a crime committed on or
 1109  after January 1, 1994, may be released from incarceration only:
 1110         1. Upon expiration of the person’s sentence;
 1111         2. Upon expiration of the person’s sentence as reduced by
 1112  accumulated meritorious or incentive gain-time;
 1113         3. As directed by an executive order granting clemency;
 1114         4. Upon placement in a mandatory supervision conditional
 1115  release program pursuant to s. 947.1405 or a conditional medical
 1116  release program pursuant to s. 947.149; or
 1117         5. Upon the granting of control release, including
 1118  emergency control release, pursuant to s. 947.146.
 1119         (2) A person who is convicted of a crime committed on or
 1120  after December 1, 1990, and who receives a control release date
 1121  may not refuse to accept the terms or conditions of control
 1122  release.
 1123         Section 20. Section 945.36, Florida Statutes, is amended to
 1124  read:
 1125         945.36 Exemption from health testing regulations for law
 1126  enforcement personnel conducting drug tests on inmates and
 1127  releasees.—
 1128         (1) Any law enforcement officer, state or county probation
 1129  officer, or employee of the Department of Corrections, who is
 1130  certified by the Department of Corrections pursuant to
 1131  subsection (2), is exempt from part I of chapter 483, for the
 1132  limited purpose of administering a urine screen drug test to:
 1133         (a) Persons during incarceration;
 1134         (b) Persons released as a condition of probation for either
 1135  a felony or misdemeanor;
 1136         (c) Persons released as a condition of community control;
 1137         (d) Persons released as a condition of mandatory
 1138  supervision conditional release;
 1139         (e) Persons released as a condition of parole;
 1140         (f) Persons released as a condition of provisional release;
 1141         (g) Persons released as a condition of pretrial release; or
 1142         (h) Persons released as a condition of control release.
 1143         (2) The Department of Corrections shall develop a procedure
 1144  for certification of any law enforcement officer, state or
 1145  county probation officer, or employee of the Department of
 1146  Corrections to perform a urine screen drug test on the persons
 1147  specified in subsection (1).
 1148         Section 21. Section 947.071, Florida Statutes, is amended
 1149  to read:
 1150         947.071 Rulemaking procedures; indexing of orders.—
 1151         (1) It is the intent of the Legislature that all rulemaking
 1152  procedures by the commission be conducted pursuant to the
 1153  Administrative Procedure Act, chapter 120.
 1154         (2) The only final orders of the commission which must
 1155  shall be indexed pursuant to chapter 120 are:
 1156         (a) Orders granting parole.
 1157         (b) Orders revoking parole.
 1158         (c) Orders restoring to supervision.
 1159         (d) Orders releasing from custody and further supervision.
 1160         (e) Early parole termination orders.
 1161         (f) Orders granting mandatory supervision conditional
 1162  release.
 1163         (g) Orders revoking mandatory supervision conditional
 1164  release.
 1165         Section 22. Paragraph (f) of subsection (1) of section
 1166  947.13, Florida Statutes, is amended to read:
 1167         947.13 Powers and duties of commission.—
 1168         (1) The commission shall have the powers and perform the
 1169  duties of:
 1170         (f) Establishing the terms and conditions of persons
 1171  released on mandatory supervision conditional release under s.
 1172  947.1405, and determining subsequent ineligibility for mandatory
 1173  supervision conditional release due to a violation of the terms
 1174  or conditions of mandatory supervision conditional release and
 1175  taking action with respect to such a violation.
 1176         Section 23. Section 947.141, Florida Statutes, is amended
 1177  to read:
 1178         947.141 Violations of mandatory supervision conditional
 1179  release, control release, or conditional medical release, or
 1180  addiction-recovery supervision.—
 1181         (1) If a member of the commission or a duly authorized
 1182  representative of the commission has reasonable grounds to
 1183  believe that an offender who is on release supervision under s.
 1184  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 1185  the terms and conditions of the release in a material respect,
 1186  such member or representative may cause a warrant to be issued
 1187  for the arrest of the releasee; if the offender was found to be
 1188  a sexual predator, the warrant must be issued.
 1189         (2) Upon the arrest on a felony charge of an offender who
 1190  is on release supervision under s. 947.1405, s. 947.146, s.
 1191  947.149, or s. 944.4731, the offender must be detained without
 1192  bond until the initial appearance of the offender at which a
 1193  judicial determination of probable cause is made. If the trial
 1194  court judge determines that there was no probable cause for the
 1195  arrest, the offender may be released. If the trial court judge
 1196  determines that there was probable cause for the arrest, such
 1197  determination also constitutes reasonable grounds to believe
 1198  that the offender violated the conditions of the release. Within
 1199  24 hours after the trial court judge’s finding of probable
 1200  cause, the detention facility administrator or designee shall
 1201  notify the commission and the department of the finding and
 1202  transmit to each a facsimile copy of the probable cause
 1203  affidavit or the sworn offense report upon which the trial court
 1204  judge’s probable cause determination is based. The offender must
 1205  continue to be detained without bond for a period not exceeding
 1206  72 hours excluding weekends and holidays after the date of the
 1207  probable cause determination, pending a decision by the
 1208  commission whether to issue a warrant charging the offender with
 1209  violation of the conditions of release. Upon the issuance of the
 1210  commission’s warrant, the offender must continue to be held in
 1211  custody pending a revocation hearing held in accordance with
 1212  this section.
 1213         (3) Within 45 days after notice to the Parole Commission of
 1214  the arrest of a releasee charged with a violation of the terms
 1215  and conditions of mandatory supervision conditional release,
 1216  control release, conditional medical release, or addiction
 1217  recovery supervision, the releasee must be afforded a hearing
 1218  conducted by a commissioner or a duly authorized representative
 1219  thereof. If the releasee elects to proceed with a hearing, the
 1220  releasee must be informed orally and in writing of the
 1221  following:
 1222         (a) The alleged violation with which the releasee is
 1223  charged.
 1224         (b) The releasee’s right to be represented by counsel.
 1225         (c) The releasee’s right to be heard in person.
 1226         (d) The releasee’s right to secure, present, and compel the
 1227  attendance of witnesses relevant to the proceeding.
 1228         (e) The releasee’s right to produce documents on the
 1229  releasee’s own behalf.
 1230         (f) The releasee’s right of access to all evidence used
 1231  against the releasee and to confront and cross-examine adverse
 1232  witnesses.
 1233         (g) The releasee’s right to waive the hearing.
 1234         (4) Within a reasonable time following the hearing, the
 1235  commissioner or the commissioner’s duly authorized
 1236  representative who conducted the hearing shall make findings of
 1237  fact in regard to the alleged violation. A panel of no fewer
 1238  than two commissioners shall enter an order determining whether
 1239  the charge of violation of mandatory supervision conditional
 1240  release, control release, conditional medical release, or
 1241  addiction-recovery supervision has been sustained based upon the
 1242  findings of fact presented by the hearing commissioner or
 1243  authorized representative. By such order, the panel may revoke
 1244  mandatory supervision conditional release, control release,
 1245  conditional medical release, or addiction-recovery supervision
 1246  and thereby return the releasee to prison to serve the sentence
 1247  imposed, reinstate the original order granting the release, or
 1248  enter such other order as it considers proper. Effective for
 1249  inmates whose offenses were committed on or after July 1, 1995,
 1250  the panel may order the placement of a releasee, upon a finding
 1251  of violation pursuant to this subsection, into a local detention
 1252  facility as a condition of supervision.
 1253         (5) Effective for inmates whose offenses were committed on
 1254  or after July 1, 1995, notwithstanding the provisions of ss.
 1255  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
 1256  951.23, or any other law to the contrary, by such order as
 1257  provided in subsection (4), the panel, upon a finding of guilt,
 1258  may, as a condition of continued supervision, place the releasee
 1259  in a local detention facility for a period of incarceration not
 1260  to exceed 22 months. Prior to the expiration of the term of
 1261  incarceration, or upon recommendation of the chief correctional
 1262  officer of that county, the commission shall cause inquiry into
 1263  the inmate’s release plan and custody status in the detention
 1264  facility and consider whether to restore the inmate to
 1265  supervision, modify the conditions of supervision, or enter an
 1266  order of revocation, thereby causing the return of the inmate to
 1267  prison to serve the sentence imposed. The provisions of This
 1268  section does do not prohibit the panel from entering such other
 1269  order or conducting any investigation that it deems proper. The
 1270  commission may only place a person in a local detention facility
 1271  pursuant to this section only if there is a contractual
 1272  agreement between the chief correctional officer of that county
 1273  and the Department of Corrections. The agreement must provide
 1274  for a per diem reimbursement for each person placed under this
 1275  section, which is payable by the Department of Corrections for
 1276  the duration of the offender’s placement in the facility. This
 1277  section does not limit the commission’s ability to place a
 1278  person in a local detention facility for less than 1 year.
 1279         (6) Whenever a mandatory supervision, conditional release,
 1280  control release, conditional medical release, or addiction
 1281  recovery supervision is revoked by a panel of no fewer than two
 1282  commissioners and the releasee is ordered to be returned to
 1283  prison, the releasee, by reason of the misconduct, shall be
 1284  deemed to have forfeited all gain-time or commutation of time
 1285  for good conduct, as provided for by law, earned up to the date
 1286  of release. However, if a conditional medical release is revoked
 1287  due to the improved medical or physical condition of the
 1288  releasee, the releasee does shall not forfeit gain-time accrued
 1289  before the date of conditional medical release. This subsection
 1290  does not deprive the prisoner of the right to gain-time or
 1291  commutation of time for good conduct, as provided by law, from
 1292  the date of return to prison.
 1293         (7) If a law enforcement officer has probable cause to
 1294  believe that an offender who is on release supervision under s.
 1295  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 1296  the terms and conditions of his or her release by committing a
 1297  felony offense, the officer shall arrest the offender without a
 1298  warrant, and a warrant need not be issued in the case.
 1299         Section 24. Paragraphs (a) and (f) of subsection (2) of
 1300  section 947.16, Florida Statutes, are amended to read:
 1301         947.16 Eligibility for parole; initial parole interviews;
 1302  powers and duties of commission.—
 1303         (2) The following special types of cases shall have their
 1304  initial parole interview as follows:
 1305         (a) An initial interview may be postponed for a period not
 1306  to exceed 90 days. Such postponement shall be for good cause,
 1307  which includes shall include, but need not be limited to, the
 1308  need for the department to obtain a presentence or postsentence
 1309  investigation report or a probation or parole or mandatory
 1310  supervision conditional release violation report. The reason for
 1311  postponement shall be noted in writing and included in the
 1312  official record. No postponement for good cause shall result in
 1313  an initial interview being conducted later than 90 days after
 1314  the inmate’s initially scheduled initial interview.
 1315         (f) An initial interview may be held at the discretion of
 1316  the commission after the entry of a commission order to revoke
 1317  parole or mandatory supervision conditional release.
 1318         Section 25. Subsection (2) of section 947.22, Florida
 1319  Statutes, is amended to read:
 1320         947.22 Authority to arrest parole violators with or without
 1321  warrant.—
 1322         (2) Any parole and probation officer, when she or he has
 1323  reasonable ground to believe that a parolee, control releasee,
 1324  or mandatory supervision participant conditional releasee has
 1325  violated the terms and conditions of her or his parole, control
 1326  release, or mandatory supervision conditional release in a
 1327  material respect, has the right to arrest the releasee or
 1328  parolee without warrant and bring her or him forthwith before
 1329  one or more commissioners or a duly authorized representative of
 1330  the Parole Commission or Control Release Authority; and
 1331  proceedings shall thereupon be had as provided herein when a
 1332  warrant has been issued by a member of the commission or
 1333  authority or a duly authorized representative of the commission
 1334  or authority.
 1335         Section 26. Section 947.24, Florida Statutes, is amended to
 1336  read:
 1337         947.24 Discharge from parole supervision or release
 1338  supervision.—
 1339         (1) When a person is placed on parole, control release, or
 1340  mandatory supervision conditional release, the commission shall
 1341  determine the period of time the person will be under parole
 1342  supervision or release supervision in the following manner:
 1343         (a) If the person is being paroled or released under
 1344  supervision from a single or concurrent sentence, the period of
 1345  time the person will be under parole supervision or release
 1346  supervision may not exceed 2 years unless the commission
 1347  designates a longer period of time, in which case it must advise
 1348  the parolee or releasee in writing of the reasons for the
 1349  extended period. In any event, the period of parole supervision
 1350  or release supervision may not exceed the maximum period for
 1351  which the person has been sentenced.
 1352         (b) If the person is being paroled or released under
 1353  supervision from a consecutive sentence or sentences, the period
 1354  of time the person will be under parole supervision or release
 1355  supervision will be for the maximum period for which the person
 1356  was sentenced.
 1357         (2) The commission shall review the progress of each person
 1358  who has been placed on parole, control release, or mandatory
 1359  supervision conditional release after 2 years of supervision in
 1360  the community and biennially thereafter. The department shall
 1361  provide to the commission the information necessary to conduct
 1362  such a review. Such review must include consideration of whether
 1363  to modify the reporting schedule, thereby authorizing the person
 1364  under parole supervision or release supervision to submit
 1365  reports quarterly, semiannually, or annually. The commission,
 1366  after having retained jurisdiction of a person for a sufficient
 1367  length of time to evidence satisfactory rehabilitation and
 1368  cooperation, may further modify the terms and conditions of the
 1369  person’s parole, control release, or mandatory supervision
 1370  conditional release, may discharge the person from parole
 1371  supervision or release supervision, may relieve the person from
 1372  making further reports, or may permit the person to leave the
 1373  state or country, upon finding that such action is in the best
 1374  interests of the person and society.
 1375         (3) This section does not affect the rights of a parolee to
 1376  request modification of the terms and conditions of parole under
 1377  s. 947.19.
 1378         Section 27. Paragraph (a) of subsection (1) and subsection
 1379  (3) of section 948.09, Florida Statutes, are amended to read:
 1380         948.09 Payment for cost of supervision and rehabilitation.—
 1381         (1)(a)1. Any person ordered by the court, the Department of
 1382  Corrections, or the parole commission to be placed on probation,
 1383  drug offender probation, community control, parole, control
 1384  release, provisional release supervision, addiction-recovery
 1385  supervision, or mandatory supervision conditional release
 1386  supervision under chapter 944, chapter 945, chapter 947, this
 1387  chapter 948, or chapter 958, or in a pretrial intervention
 1388  program, must, as a condition of any placement, pay the
 1389  department a total sum of money equal to the total month or
 1390  portion of a month of supervision times the court-ordered
 1391  amount, but not to exceed the actual per diem cost of the
 1392  supervision. The department shall adopt rules by which an
 1393  offender who pays in full and in advance of regular termination
 1394  of supervision may receive a reduction in the amount due. The
 1395  rules shall incorporate provisions by which the offender’s
 1396  ability to pay is linked to an established written payment plan.
 1397  Funds collected from felony offenders may be used to offset
 1398  costs of the Department of Corrections associated with community
 1399  supervision programs, subject to appropriation by the
 1400  Legislature.
 1401         2. In addition to any other contribution or surcharge
 1402  imposed by this section, each felony offender assessed under
 1403  this paragraph shall pay a $2-per-month surcharge to the
 1404  department. The surcharge shall be deemed to be paid only after
 1405  the full amount of any monthly payment required by the
 1406  established written payment plan has been collected by the
 1407  department. These funds shall be used by the department to pay
 1408  for correctional probation officers’ training and equipment,
 1409  including radios, and firearms training, firearms, and attendant
 1410  equipment necessary to train and equip officers who choose to
 1411  carry a concealed firearm while on duty. Nothing in This
 1412  subparagraph does not shall be construed to limit the
 1413  department’s authority to determine who shall be authorized to
 1414  carry a concealed firearm while on duty, or to limit the right
 1415  of a correctional probation officer to carry a personal firearm
 1416  approved by the department.
 1417         (3) Any failure to pay contribution as required under this
 1418  section may constitute a ground for the revocation of probation
 1419  by the court, the revocation of parole or mandatory supervision
 1420  conditional release by the Parole Commission, the revocation of
 1421  control release by the Control Release Authority, or removal
 1422  from the pretrial intervention program by the state attorney.
 1423  The Department of Corrections may exempt a person from the
 1424  payment of all or any part of the contribution if it finds any
 1425  of the following factors to exist:
 1426         (a) The offender has diligently attempted, but has been
 1427  unable, to obtain employment that which provides him or her
 1428  sufficient income to make such payments.
 1429         (b) The offender is a student in a school, college,
 1430  university, or course of career training designed to fit the
 1431  student for gainful employment. Certification of such student
 1432  status shall be supplied to the Secretary of Corrections by the
 1433  educational institution in which the offender is enrolled.
 1434         (c) The offender has an employment handicap, as determined
 1435  by a physical, psychological, or psychiatric examination
 1436  acceptable to, or ordered by, the secretary.
 1437         (d) The offender’s age prevents him or her from obtaining
 1438  employment.
 1439         (e) The offender is responsible for the support of
 1440  dependents, and the payment of such contribution constitutes an
 1441  undue hardship on the offender.
 1442         (f) The offender has been transferred outside the state
 1443  under an interstate compact adopted pursuant to chapter 949.
 1444         (g) There are other extenuating circumstances, as
 1445  determined by the secretary.
 1446         Section 28. Section 948.32, Florida Statutes, is amended to
 1447  read:
 1448         948.32 Requirements of law enforcement agency upon arrest
 1449  of persons for certain sex offenses.—
 1450         (1) When any state or local law enforcement agency
 1451  investigates or arrests a person for committing, or attempting,
 1452  soliciting, or conspiring to commit, a violation of s.
 1453  787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
 1454  847.0133, s. 847.0135, or s. 847.0145, the law enforcement
 1455  agency shall contact the Department of Corrections to verify
 1456  whether the person under investigation or under arrest is on
 1457  probation, community control, parole, mandatory supervision
 1458  conditional release, or control release.
 1459         (2) If the law enforcement agency finds that the person
 1460  under investigation or under arrest is on probation, community
 1461  control, parole, mandatory supervision conditional release, or
 1462  control release, the law enforcement agency shall immediately
 1463  notify the person’s probation officer or release supervisor of
 1464  the investigation or the arrest.
 1465         Section 29. Subsection (6) of section 957.06, Florida
 1466  Statutes, is amended to read:
 1467         957.06 Powers and duties not delegable to contractor.—A
 1468  contract entered into under this chapter does not authorize,
 1469  allow, or imply a delegation of authority to the contractor to:
 1470         (6) Make recommendations to the Parole Commission with
 1471  respect to the denial or granting of parole, control release,
 1472  mandatory supervision conditional release, or conditional
 1473  medical release. However, the contractor may submit written
 1474  reports to the Parole Commission and must respond to a written
 1475  request by the Parole Commission for information.
 1476         Section 30. This act shall take effect July 1, 2013.