Florida Senate - 2014                                    SB 1636
       
       
        
       By the Committee on Criminal Justice
       
       
       
       
       
       591-02092-14                                          20141636__
    1                        A bill to be entitled                      
    2         An act relating to renaming the Parole Commission;
    3         providing legislative findings; renaming the Parole
    4         Commission as the Florida Commission on Offender
    5         Review; providing a directive to the Division of Law
    6         Revision and Information; amending ss. 20.315, 20.32,
    7         23.21, 98.093, 186.005, 255.502, 322.16, 394.926,
    8         394.927, 633.304, 775.089, 775.16, 784.07, 784.078,
    9         800.09, 843.01, 843.02, 843.08, 893.11, 921.16,
   10         921.20, 921.21, 921.22, 940.03, 940.05, 940.061,
   11         941.23, 943.0311, 943.06, 944.012, 944.02, 944.171,
   12         944.4731, 945.091, 945.10, 945.47, 945.73, 947.005,
   13         947.01, 947.02, 947.021, 947.045, 947.141, 947.146,
   14         947.181, 947.185, 947.22, 948.09, 948.10, 949.05,
   15         951.29, 957.06, 958.045, 960.001, 960.17, 985.04, and
   16         985.045, F.S.; conforming provisions to changes made
   17         by the act; making technical changes; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. The Legislature finds and recognizes the
   23  importance of the state’s role in the transition of inmates from
   24  prison to the community in reducing recidivism rates. Therefore,
   25  the Parole Commission, authorized by s. 8(c), Article IV of the
   26  State Constitution, is renamed as the Florida Commission on
   27  Offender Review.
   28         Section 2. The Division of Law Revision and Information is
   29  directed to rename chapter 947, Florida Statutes, as “Florida
   30  Commission on Offender Review.”
   31         Section 3. Subsections (9) and (10) of section 20.315,
   32  Florida Statutes, are amended to read:
   33         20.315 Department of Corrections.—There is created a
   34  Department of Corrections.
   35         (9) FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.—All
   36  commitments shall state the statutory authority therefor. The
   37  Secretary of Corrections shall have the authority to prescribe
   38  the form to be used for commitments. Nothing in This act does
   39  not shall be construed to abridge the authority and
   40  responsibility of the Florida Parole Commission on Offender
   41  Review with respect to the granting and revocation of parole.
   42  The Department of Corrections shall notify the Florida Parole
   43  Commission on Offender Review of all violations of parole
   44  conditions and provide reports connected thereto as may be
   45  requested by the commission. The commission shall have the
   46  authority to issue orders dealing with supervision of specific
   47  parolees, and such orders shall be binding on all parties.
   48         (10) SINGLE INFORMATION AND RECORDS SYSTEM.—Only one
   49  offender-based information and records computer system shall be
   50  maintained by the Department of Corrections for the joint use of
   51  the department and the Florida Parole Commission on Offender
   52  Review. The data system shall be managed through the
   53  department’s office of information technology. The department
   54  shall develop and maintain, in consultation with the Criminal
   55  and Juvenile Justice Information Systems Council under s.
   56  943.08, such offender-based information, including clemency
   57  administration information and other computer services to serve
   58  the needs of both the department and the Florida Parole
   59  Commission on Offender Review. The department shall notify the
   60  commission of all violations of parole and the circumstances
   61  thereof.
   62         Section 4. Section 20.32, Florida Statutes, is amended to
   63  read:
   64         20.32 Florida Parole Commission on Offender Review.—
   65         (1) The Parole and Probation Commission, authorized by s.
   66  8(c), Art. IV, State Constitution of 1968, is continued and
   67  renamed the Florida Parole Commission on Offender Review. The
   68  commission retains its powers, duties, and functions with
   69  respect to the granting and revoking of parole and shall
   70  exercise powers, duties, and functions relating to
   71  investigations of applications for clemency as directed by the
   72  Governor and the Cabinet.
   73         (2) All powers, duties, and functions relating to the
   74  appointment of the Florida Parole Commission on Offender Review
   75  as provided in s. 947.02 or s. 947.021 shall be exercised and
   76  performed by the Governor and the Cabinet. Except as provided in
   77  s. 947.021, each appointment shall be made from among the first
   78  three eligible persons on the list of the persons eligible for
   79  said position.
   80         (3) The commission may require any employee of the
   81  commission to give a bond for the faithful performance of his or
   82  her duties. The commission may determine the amount of the bond
   83  and must approve the bond. In determining the amount of the
   84  bond, the commission may consider the amount of money or
   85  property likely to be in custody of the officer or employee at
   86  any one time. The premiums for the bonds must be paid out of the
   87  funds of the commission.
   88         Section 5. Subsection (1) of section 23.21, Florida
   89  Statutes, is amended to read:
   90         23.21 Definitions.—For purposes of this part:
   91         (1) “Department” means a principal administrative unit
   92  within the executive branch of state government, as defined in
   93  chapter 20, and includes the State Board of Administration, the
   94  Executive Office of the Governor, the Fish and Wildlife
   95  Conservation Commission, the Florida Parole Commission on
   96  Offender Review, the Agency for Health Care Administration, the
   97  State Board of Education, the Board of Governors of the State
   98  University System, the Justice Administrative Commission, the
   99  capital collateral regional counsel, and separate budget
  100  entities placed for administrative purposes within a department.
  101         Section 6. Paragraph (e) of subsection (2) of section
  102  98.093, Florida Statutes, is amended to read:
  103         98.093 Duty of officials to furnish information relating to
  104  deceased persons, persons adjudicated mentally incapacitated,
  105  and persons convicted of a felony.—
  106         (2) To the maximum extent feasible, state and local
  107  government agencies shall facilitate provision of information
  108  and access to data to the department, including, but not limited
  109  to, databases that contain reliable criminal records and records
  110  of deceased persons. State and local government agencies that
  111  provide such data shall do so without charge if the direct cost
  112  incurred by those agencies is not significant.
  113         (e) The Florida Parole Commission on Offender Review shall
  114  furnish at least bimonthly to the department data, including the
  115  identity of those persons granted clemency in the preceding
  116  month or any updates to prior records which have occurred in the
  117  preceding month. The data shall contain the commission’s case
  118  number and the person’s name, address, date of birth, race,
  119  gender, Florida driver driver’s license number, Florida
  120  identification card number, or the last four digits of the
  121  social security number, if available, and references to record
  122  identifiers assigned by the Department of Corrections and the
  123  Department of Law Enforcement, a unique identifier of each
  124  clemency case, and the effective date of clemency of each
  125  person.
  126         Section 7. Subsection (1) of section 186.005, Florida
  127  Statutes, is amended to read:
  128         186.005 Designation of departmental planning officer.—
  129         (1) The head of each executive department and the Public
  130  Service Commission, the Fish and Wildlife Conservation
  131  Commission, the Florida Parole Commission on Offender Review,
  132  and the Department of Military Affairs shall select from within
  133  such agency a person to be designated as the planning officer
  134  for such agency. The planning officer shall be responsible for
  135  coordinating with the Executive Office of the Governor and with
  136  the planning officers of other agencies all activities and
  137  responsibilities of such agency relating to planning.
  138         Section 8. Subsection (3) of section 255.502, Florida
  139  Statutes, is amended to read:
  140         255.502 Definitions; ss. 255.501-255.525.—As used in this
  141  act, the following words and terms shall have the following
  142  meanings unless the context otherwise requires:
  143         (3) “Agency” means any department created by chapter 20,
  144  the Executive Office of the Governor, the Fish and Wildlife
  145  Conservation Commission, the Florida Parole Commission on
  146  Offender Review, the State Board of Administration, the
  147  Department of Military Affairs, or the Legislative Branch or the
  148  Judicial Branch of state government.
  149         Section 9. Paragraph (c) of subsection (1) of section
  150  322.16, Florida Statutes, is amended to read:
  151         322.16 License restrictions.—
  152         (1)
  153         (c) The department may further, at any time, impose other
  154  restrictions on the use of the license with respect to time and
  155  purpose of use or may impose any other condition or restriction
  156  upon recommendation of any court, of the Florida Parole
  157  Commission on Offender Review, or of the Department of
  158  Corrections with respect to any individual who is under the
  159  jurisdiction, supervision, or control of the entity that made
  160  the recommendation.
  161         Section 10. Section 394.926, Florida Statutes, is amended
  162  to read:
  163         394.926 Notice to victims of release of persons committed
  164  as sexually violent predators; notice to Department of
  165  Corrections and Florida Parole Commission on Offender Review.—
  166         (1) As soon as is practicable, the department shall give
  167  written notice of the release of a person committed as a
  168  sexually violent predator to any victim of the committed person
  169  who is alive and whose address is known to the department or, if
  170  the victim is deceased, to the victim’s family, if the family’s
  171  address is known to the department. Failure to notify is not a
  172  reason for postponement of release. This section does not create
  173  a cause of action against the state or an employee of the state
  174  acting within the scope of the employee’s employment as a result
  175  of the failure to notify pursuant to this part.
  176         (2) If a sexually violent predator who has an active or
  177  pending term of probation, community control, parole,
  178  conditional release, or other court-ordered or postprison
  179  release supervision is released from custody, the department
  180  must immediately notify the Department of Corrections’ Office of
  181  Community Corrections in Tallahassee. The Florida Parole
  182  Commission on Offender Review must also be immediately notified
  183  of any releases of a sexually violent predator who has an active
  184  or pending term of parole, conditional release, or other
  185  postprison release supervision that is administered by the
  186  Florida Parole Commission on Offender Review.
  187         Section 11. Section 394.927, Florida Statutes, is amended
  188  to read:
  189         394.927 Escape while in lawful custody; notice to victim;
  190  notice to the Department of Corrections and Florida Parole
  191  Commission on Offender Review.—
  192         (1) A person who is held in lawful custody pursuant to a
  193  judicial finding of probable cause under s. 394.915 or pursuant
  194  to a commitment as a sexually violent predator under s. 394.916
  195  and who escapes or attempts to escape while in such custody
  196  commits a felony of the second degree, punishable as provided in
  197  s. 775.082, s. 775.083, or s. 775.084.
  198         (2) If a person who is held in custody pursuant to a
  199  finding of probable cause or commitment as a sexually violent
  200  predator escapes while in custody, the department shall
  201  immediately notify the victim in accordance with s. 394.926. The
  202  state attorney that filed the petition for civil commitment of
  203  the escapee must also be immediately notified by the department.
  204  If the escapee has an active or pending term of probation,
  205  community control, parole, conditional release, or other court
  206  ordered or postprison release supervision, the department shall
  207  also immediately notify the Department of Corrections’ Office of
  208  Community Corrections in Tallahassee. The Florida Parole
  209  Commission on Offender Review shall also be immediately notified
  210  of an escape if the escapee has an active or pending term of
  211  parole, conditional release, or other postprison release
  212  supervision that is administered by the Florida Parole
  213  Commission on Offender Review.
  214         Section 12. Paragraph (d) of subsection (4) of section
  215  633.304, Florida Statutes, is amended to read:
  216         633.304 Fire suppression equipment; license to install or
  217  maintain.—
  218         (4)
  219         (d) A license of any class may not be issued or renewed by
  220  the division and a license of any class does not remain
  221  operative unless:
  222         1. The applicant has submitted to the State Fire Marshal
  223  evidence of registration as a Florida corporation or evidence of
  224  compliance with s. 865.09.
  225         2. The State Fire Marshal or his or her designee has by
  226  inspection determined that the applicant possesses the equipment
  227  required for the class of license sought. The State Fire Marshal
  228  shall give an applicant a reasonable opportunity to correct any
  229  deficiencies discovered by inspection. To obtain such
  230  inspection, an applicant with facilities located outside this
  231  state must:
  232         a. Provide a notarized statement from a professional
  233  engineer licensed by the applicant’s state of domicile
  234  certifying that the applicant possesses the equipment required
  235  for the class of license sought and that all such equipment is
  236  operable; or
  237         b. Allow the State Fire Marshal or her or his designee to
  238  inspect the facility. All costs associated with the State Fire
  239  Marshal’s inspection shall be paid by the applicant. The State
  240  Fire Marshal, in accordance with s. 120.54, may adopt rules to
  241  establish standards for the calculation and establishment of the
  242  amount of costs associated with any inspection conducted by the
  243  State Fire Marshal under this section. Such rules shall include
  244  procedures for invoicing and receiving funds in advance of the
  245  inspection.
  246         3. The applicant has submitted to the State Fire Marshal
  247  proof of insurance providing coverage for comprehensive general
  248  liability for bodily injury and property damage, products
  249  liability, completed operations, and contractual liability. The
  250  State Fire Marshal shall adopt rules providing for the amounts
  251  of such coverage, but such amounts may shall not be less than
  252  $300,000 for Class A or Class D licenses, $200,000 for Class B
  253  licenses, and $100,000 for Class C licenses; and the total
  254  coverage for any class of license held in conjunction with a
  255  Class D license may not be less than $300,000. The State Fire
  256  Marshal may, at any time after the issuance of a license or its
  257  renewal, require upon demand, and in no event more than 30 days
  258  after notice of such demand, the licensee to provide proof of
  259  insurance, on a form provided by the State Fire Marshal,
  260  containing confirmation of insurance coverage as required by
  261  this chapter. Failure, for any length of time, to provide proof
  262  of insurance coverage as required shall result in the immediate
  263  suspension of the license until proof of proper insurance is
  264  provided to the State Fire Marshal. An insurer which provides
  265  such coverage shall notify the State Fire Marshal of any change
  266  in coverage or of any termination, cancellation, or nonrenewal
  267  of any coverage.
  268         4. The applicant applies to the State Fire Marshal,
  269  provides proof of experience, and successfully completes a
  270  prescribed training course offered by the State Fire College or
  271  an equivalent course approved by the State Fire Marshal. This
  272  subparagraph does not apply to any holder of or applicant for a
  273  permit under paragraph (g) or to a business organization or a
  274  governmental entity seeking initial licensure or renewal of an
  275  existing license solely for the purpose of inspecting,
  276  servicing, repairing, marking, recharging, and maintaining fire
  277  extinguishers used and located on the premises of and owned by
  278  such organization or entity.
  279         5. The applicant has a current retestor identification
  280  number that is appropriate for the license for which the
  281  applicant is applying and that is listed with the United States
  282  Department of Transportation.
  283         6. The applicant has passed, with a grade of at least 70
  284  percent, a written examination testing his or her knowledge of
  285  the rules and statutes governing the activities authorized by
  286  the license and demonstrating his or her knowledge and ability
  287  to perform those tasks in a competent, lawful, and safe manner.
  288  Such examination shall be developed and administered by the
  289  State Fire Marshal, or his or her designee in accordance with
  290  policies and procedures of the State Fire Marshal. An applicant
  291  shall pay a nonrefundable examination fee of $50 for each
  292  examination or reexamination scheduled. A reexamination may not
  293  be scheduled sooner than 30 days after any administration of an
  294  examination to an applicant. An applicant may not be permitted
  295  to take an examination for any level of license more than a
  296  total of four times during 1 year, regardless of the number of
  297  applications submitted. As a prerequisite to licensure of the
  298  applicant, he or she:
  299         a. Must be at least 18 years of age.
  300         b. Must have 4 years of proven experience as a fire
  301  equipment permittee at a level equal to or greater than the
  302  level of license applied for or have a combination of education
  303  and experience determined to be equivalent thereto by the State
  304  Fire Marshal. Having held a permit at the appropriate level for
  305  the required period constitutes the required experience.
  306         c. Must not have been convicted of a felony or a crime
  307  punishable by imprisonment of 1 year or more under the law of
  308  the United States or of any state thereof or under the law of
  309  any other country. “Convicted” means a finding of guilt or the
  310  acceptance of a plea of guilty or nolo contendere in any federal
  311  or state court or a court in any other country, without regard
  312  to whether a judgment of conviction has been entered by the
  313  court having jurisdiction of the case. If an applicant has been
  314  convicted of any such felony, the applicant shall be excluded
  315  from licensure for a period of 4 years after expiration of
  316  sentence or final release by the Florida Parole Commission on
  317  Offender Review unless the applicant, before the expiration of
  318  the 4-year period, has received a full pardon or has had her or
  319  his civil rights restored.
  320  
  321  This subparagraph does not apply to any holder of or applicant
  322  for a permit under paragraph (g) or to a business organization
  323  or a governmental entity seeking initial licensure or renewal of
  324  an existing license solely for the purpose of inspecting,
  325  servicing, repairing, marking, recharging, hydrotesting, and
  326  maintaining fire extinguishers used and located on the premises
  327  of and owned by such organization or entity.
  328         Section 13. Subsection (4) of section 775.089, Florida
  329  Statutes, is amended to read:
  330         775.089 Restitution.—
  331         (4) If a defendant is placed on probation or paroled,
  332  complete satisfaction of any restitution ordered under this
  333  section shall be a condition of such probation or parole. The
  334  court may revoke probation, and the Florida Parole Commission on
  335  Offender Review may revoke parole, if the defendant fails to
  336  comply with such order.
  337         Section 14. Section 775.16, Florida Statutes, is amended to
  338  read:
  339         775.16 Drug offenses; additional penalties.—In addition to
  340  any other penalty provided by law, a person who has been
  341  convicted of sale of or trafficking in, or conspiracy to sell or
  342  traffic in, a controlled substance under chapter 893, if such
  343  offense is a felony, or who has been convicted of an offense
  344  under the laws of any state or country which, if committed in
  345  this state, would constitute the felony of selling or
  346  trafficking in, or conspiracy to sell or traffic in, a
  347  controlled substance under chapter 893, is:
  348         (1) Disqualified from applying for employment by any agency
  349  of the state, unless:
  350         (a) The person has completed all sentences of imprisonment
  351  or supervisory sanctions imposed by the court, by the Florida
  352  Parole Commission on Offender Review, or by law; or
  353         (b) The person has complied with the conditions of
  354  subparagraphs 1. and 2. which shall be monitored by the
  355  Department of Corrections while the person is under any
  356  supervisory sanctions. The person under supervision may:
  357         1. Seek evaluation and enrollment in, and once enrolled
  358  maintain enrollment in until completion, a drug treatment and
  359  rehabilitation program which is approved by the Department of
  360  Children and Families Family Services, unless it is deemed by
  361  the program that the person does not have a substance abuse
  362  problem. The treatment and rehabilitation program may be
  363  specified by:
  364         a. The court, in the case of court-ordered supervisory
  365  sanctions;
  366         b. The Florida Parole Commission on Offender Review, in the
  367  case of parole, control release, or conditional release; or
  368         c. The Department of Corrections, in the case of
  369  imprisonment or any other supervision required by law.
  370         2. Submit to periodic urine drug testing pursuant to
  371  procedures prescribed by the Department of Corrections. If the
  372  person is indigent, the costs shall be paid by the Department of
  373  Corrections.
  374         (2) Disqualified from applying for a license, permit, or
  375  certificate required by any agency of the state to practice,
  376  pursue, or engage in any occupation, trade, vocation,
  377  profession, or business, unless:
  378         (a) The person has completed all sentences of imprisonment
  379  or supervisory sanctions imposed by the court, by the Florida
  380  Parole Commission on Offender Review, or by law;
  381         (b) The person has complied with the conditions of
  382  subparagraphs 1. and 2. which shall be monitored by the
  383  Department of Corrections while the person is under any
  384  supervisory sanction. If the person fails to comply with
  385  provisions of these subparagraphs by either failing to maintain
  386  treatment or by testing positive for drug use, the department
  387  shall notify the licensing, permitting, or certifying agency,
  388  which may refuse to reissue or reinstate such license, permit,
  389  or certification. The licensee, permittee, or certificateholder
  390  under supervision may:
  391         1. Seek evaluation and enrollment in, and once enrolled
  392  maintain enrollment in until completion, a drug treatment and
  393  rehabilitation program which is approved or regulated by the
  394  Department of Children and Families Family Services, unless it
  395  is deemed by the program that the person does not have a
  396  substance abuse problem. The treatment and rehabilitation
  397  program may be specified by:
  398         a. The court, in the case of court-ordered supervisory
  399  sanctions;
  400         b. The Florida Parole Commission on Offender Review, in the
  401  case of parole, control release, or conditional release; or
  402         c. The Department of Corrections, in the case of
  403  imprisonment or any other supervision required by law.
  404         2. Submit to periodic urine drug testing pursuant to
  405  procedures prescribed by the Department of Corrections. If the
  406  person is indigent, the costs shall be paid by the Department of
  407  Corrections; or
  408         (c) The person has successfully completed an appropriate
  409  program under the Correctional Education Program.
  410  
  411  The provisions of this section do not apply to any of the taxes,
  412  fees, or permits regulated, controlled, or administered by the
  413  Department of Revenue in accordance with the provisions of s.
  414  213.05.
  415         Section 15. Paragraph (d) of subsection (1) of section
  416  784.07, Florida Statutes, is amended to read:
  417         784.07 Assault or battery of law enforcement officers,
  418  firefighters, emergency medical care providers, public transit
  419  employees or agents, or other specified officers;
  420  reclassification of offenses; minimum sentences.—
  421         (1) As used in this section, the term:
  422         (d) “Law enforcement officer” includes a law enforcement
  423  officer, a correctional officer, a correctional probation
  424  officer, a part-time law enforcement officer, a part-time
  425  correctional officer, an auxiliary law enforcement officer, and
  426  an auxiliary correctional officer, as those terms are
  427  respectively defined in s. 943.10, and any county probation
  428  officer; an employee or agent of the Department of Corrections
  429  who supervises or provides services to inmates; an officer of
  430  the Florida Parole Commission on Offender Review; a federal law
  431  enforcement officer as defined in s. 901.1505; and law
  432  enforcement personnel of the Fish and Wildlife Conservation
  433  Commission or the Department of Law Enforcement.
  434         Section 16. Paragraph (b) of subsection (2) of section
  435  784.078, Florida Statutes, is amended to read:
  436         784.078 Battery of facility employee by throwing, tossing,
  437  or expelling certain fluids or materials.—
  438         (2)
  439         (b) “Employee” includes any person who is a parole examiner
  440  with the Florida Parole Commission on Offender Review.
  441         Section 17. Paragraph (a) of subsection (1) of section
  442  800.09, Florida Statutes, is amended to read:
  443         800.09 Lewd or lascivious exhibition in the presence of an
  444  employee.—
  445         (1) As used in this section, the term:
  446         (a) “Employee” means any person employed by or performing
  447  contractual services for a public or private entity operating a
  448  facility or any person employed by or performing contractual
  449  services for the corporation operating the prison industry
  450  enhancement programs or the correctional work programs under
  451  part II of chapter 946. The term also includes any person who is
  452  a parole examiner with the Florida Parole Commission on Offender
  453  Review.
  454         Section 18. Section 843.01, Florida Statutes, is amended to
  455  read:
  456         843.01 Resisting officer with violence to his or her
  457  person.—Whoever knowingly and willfully resists, obstructs, or
  458  opposes any officer as defined in s. 943.10(1), (2), (3), (6),
  459  (7), (8), or (9); member of the Florida Parole Commission on
  460  Offender Review or any administrative aide or supervisor
  461  employed by the commission; parole and probation supervisor;
  462  county probation officer; personnel or representative of the
  463  Department of Law Enforcement; or other person legally
  464  authorized to execute process in the execution of legal process
  465  or in the lawful execution of any legal duty, by offering or
  466  doing violence to the person of such officer or legally
  467  authorized person, is guilty of a felony of the third degree,
  468  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  469         Section 19. Section 843.02, Florida Statutes, is amended to
  470  read:
  471         843.02 Resisting officer without violence to his or her
  472  person.—Whoever shall resist, obstruct, or oppose any officer as
  473  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member
  474  of the Florida Parole Commission on Offender Review or any
  475  administrative aide or supervisor employed by the commission;
  476  county probation officer; parole and probation supervisor;
  477  personnel or representative of the Department of Law
  478  Enforcement; or other person legally authorized to execute
  479  process in the execution of legal process or in the lawful
  480  execution of any legal duty, without offering or doing violence
  481  to the person of the officer, shall be guilty of a misdemeanor
  482  of the first degree, punishable as provided in s. 775.082 or s.
  483  775.083.
  484         Section 20. Section 843.08, Florida Statutes, is amended to
  485  read:
  486         843.08 Falsely personating officer, etc.—A person who
  487  falsely assumes or pretends to be a sheriff, officer of the
  488  Florida Highway Patrol, officer of the Fish and Wildlife
  489  Conservation Commission, officer of the Department of
  490  Transportation, officer of the Department of Financial Services,
  491  officer of the Department of Corrections, correctional probation
  492  officer, deputy sheriff, state attorney or assistant state
  493  attorney, statewide prosecutor or assistant statewide
  494  prosecutor, state attorney investigator, coroner, police
  495  officer, lottery special agent or lottery investigator, beverage
  496  enforcement agent, or watchman, or any member of the Florida
  497  Parole Commission on Offender Review and any administrative aide
  498  or supervisor employed by the commission, or any personnel or
  499  representative of the Department of Law Enforcement, or a
  500  federal law enforcement officer as defined in s. 901.1505, and
  501  takes upon himself or herself to act as such, or to require any
  502  other person to aid or assist him or her in a matter pertaining
  503  to the duty of any such officer, commits a felony of the third
  504  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  505  775.084. However, a person who falsely personates any such
  506  officer during the course of the commission of a felony commits
  507  a felony of the second degree, punishable as provided in s.
  508  775.082, s. 775.083, or s. 775.084. If the commission of the
  509  felony results in the death or personal injury of another human
  510  being, the person commits a felony of the first degree,
  511  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  512         Section 21. Paragraph (a) of subsection (1) of section
  513  893.11, Florida Statutes, is amended to read:
  514         893.11 Suspension, revocation, and reinstatement of
  515  business and professional licenses.—For the purposes of s.
  516  120.60(6), any conviction in any court reported to the
  517  Comprehensive Case Information System of the Florida Association
  518  of Court Clerks and Comptrollers, Inc., for the sale of, or
  519  trafficking in, a controlled substance or for conspiracy to
  520  sell, or traffic in, a controlled substance constitutes an
  521  immediate serious danger to the public health, safety, or
  522  welfare, and is grounds for disciplinary action by the licensing
  523  state agency. A state agency shall initiate an immediate
  524  emergency suspension of an individual professional license
  525  issued by the agency, in compliance with the procedures for
  526  summary suspensions in s. 120.60(6), upon the agency’s findings
  527  of the licensee’s conviction in any court reported to the
  528  Comprehensive Case Information System of the Florida Association
  529  of Court Clerks and Comptrollers, Inc., for the sale of, or
  530  trafficking in, a controlled substance, or for conspiracy to
  531  sell, or traffic in, a controlled substance. Before renewing any
  532  professional license, a state agency that issues a professional
  533  license must use the Comprehensive Case Information System of
  534  the Florida Association of Court Clerks and Comptrollers, Inc.,
  535  to obtain information relating to any conviction for the sale
  536  of, or trafficking in, a controlled substance or for conspiracy
  537  to sell, or traffic in, a controlled substance. The clerk of
  538  court shall provide electronic access to each state agency at no
  539  cost and also provide certified copies of the judgment upon
  540  request to the agency. Upon a showing by any such convicted
  541  defendant whose professional license has been suspended or
  542  revoked pursuant to this section that his or her civil rights
  543  have been restored or upon a showing that the convicted
  544  defendant meets the following criteria, the agency head may
  545  reinstate or reactivate such license when:
  546         (1) The person has complied with the conditions of
  547  paragraphs (a) and (b) which shall be monitored by the
  548  Department of Corrections while the person is under any
  549  supervisory sanction. If the person fails to comply with
  550  provisions of these paragraphs by either failing to maintain
  551  treatment or by testing positive for drug use, the department
  552  shall notify the licensing agency, which shall revoke the
  553  license. The person under supervision may:
  554         (a) Seek evaluation and enrollment in, and once enrolled
  555  maintain enrollment in until completion, a drug treatment and
  556  rehabilitation program which is approved or regulated by the
  557  Department of Children and Families Family Services. The
  558  treatment and rehabilitation program shall be specified by:
  559         1. The court, in the case of court-ordered supervisory
  560  sanctions;
  561         2. The Florida Parole Commission on Offender Review, in the
  562  case of parole, control release, or conditional release; or
  563         3. The Department of Corrections, in the case of
  564  imprisonment or any other supervision required by law.
  565         Section 22. Subsection (2) of section 921.16, Florida
  566  Statutes, is amended to read:
  567         921.16 When sentences to be concurrent and when
  568  consecutive.—
  569         (2) A county court or circuit court of this state may
  570  direct that the sentence imposed by such court be served
  571  concurrently with a sentence imposed by a court of another state
  572  or of the United States or, for purposes of this section,
  573  concurrently with a sentence to be imposed in another
  574  jurisdiction. In such case, the Department of Corrections may
  575  designate the correctional institution of the other jurisdiction
  576  as the place for reception and confinement of such person and
  577  may also designate the place in Florida for reception and
  578  confinement of such person in the event that confinement in the
  579  other jurisdiction terminates before the expiration of the
  580  Florida sentence. The sheriff shall forward commitment papers
  581  and other documents specified in s. 944.17 to the department.
  582  Upon imposing such a sentence, the court shall notify the
  583  Florida Parole Commission on Offender Review as to the
  584  jurisdiction in which the sentence is to be served. Any prisoner
  585  so released to another jurisdiction shall be eligible for
  586  consideration for parole by the Florida Parole Commission on
  587  Offender Review pursuant to the provisions of chapter 947,
  588  except that the commission shall determine the presumptive
  589  parole release date and the effective parole release date by
  590  requesting such person’s file from the receiving jurisdiction.
  591  Upon receiving such records, the commission shall determine
  592  these release dates based on the relevant information in that
  593  file and shall give credit toward reduction of the Florida
  594  sentence for gain-time granted by the jurisdiction where the
  595  inmate is serving the sentence. The Florida Parole Commission on
  596  Offender Review may concur with the parole release decision of
  597  the jurisdiction granting parole and accepting supervision.
  598         Section 23. Section 921.20, Florida Statutes, is amended to
  599  read:
  600         921.20 Classification summary; Florida Parole Commission on
  601  Offender Review.—As soon as possible after a prisoner has been
  602  placed in the custody of the Department of Corrections, the
  603  classification board shall furnish a classification summary to
  604  the Florida Parole Commission on Offender Review for use as
  605  provided in s. 945.25. The summary shall include the criminal,
  606  personal, social, and environmental background and other
  607  relevant factors considered in classifying the prisoner for a
  608  penal environment best suited for the prisoner’s rapid
  609  rehabilitation.
  610         Section 24. Section 921.21, Florida Statutes, is amended to
  611  read:
  612         921.21 Progress reports to Florida Parole Commission on
  613  Offender Review.—From time to time the Department of Corrections
  614  shall submit to the Florida Parole Commission on Offender Review
  615  progress reports and recommendations regarding prisoners
  616  sentenced under s. 921.18. If When the classification board of
  617  the Department of Corrections determines that justice and the
  618  public welfare will best be served by paroling or discharging a
  619  prisoner, it shall transmit its finding to the Florida Parole
  620  Commission on Offender Review. The commission shall have the
  621  authority to place the prisoner on parole as provided by law or
  622  give the prisoner a full discharge from custody. The period of a
  623  parole granted by the Florida Parole Commission on Offender
  624  Review shall be in its discretion, but the parole period may
  625  shall not exceed the maximum term for which the prisoner was
  626  sentenced.
  627         Section 25. Section 921.22, Florida Statutes, is amended to
  628  read:
  629         921.22 Determination of exact period of imprisonment by
  630  Florida Parole Commission on Offender Review.—Upon the
  631  recommendation of the Department of Corrections, the Florida
  632  Parole Commission on Offender Review shall have the authority to
  633  determine the exact period of imprisonment to be served by
  634  defendants sentenced under the provisions of s. 921.18, but a
  635  prisoner may shall not be held in custody longer than the
  636  maximum sentence provided for the offense.
  637         Section 26. Section 940.03, Florida Statutes, is amended to
  638  read:
  639         940.03 Application for executive clemency.—If a When any
  640  person intends to apply for remission of any fine or forfeiture
  641  or the commutation of any punishment, or for pardon or
  642  restoration of civil rights, he or she shall request an
  643  application form from the Florida Parole Commission on Offender
  644  Review in compliance with such rules regarding application for
  645  executive clemency as are adopted by the Governor with the
  646  approval of two members of the Cabinet. Such application may
  647  require the submission of a certified copy of the applicant’s
  648  indictment or information, the judgment adjudicating the
  649  applicant to be guilty, and the sentence, if sentence has been
  650  imposed, and may also require the applicant to send a copy of
  651  the application to the judge and prosecuting attorney of the
  652  court in which the applicant was convicted, notifying them of
  653  the applicant’s intent to apply for executive clemency. An
  654  application for executive clemency for a person who is sentenced
  655  to death must be filed within 1 year after the date the Supreme
  656  Court issues a mandate on a direct appeal or the United States
  657  Supreme Court denies a petition for certiorari, whichever is
  658  later.
  659         Section 27. Section 940.05, Florida Statutes, is amended to
  660  read:
  661         940.05 Restoration of civil rights.—Any person who has been
  662  convicted of a felony may be entitled to the restoration of all
  663  the rights of citizenship enjoyed by him or her before prior to
  664  conviction if the person has:
  665         (1) Received a full pardon from the Board of Executive
  666  Clemency;
  667         (2) Served the maximum term of the sentence imposed upon
  668  him or her; or
  669         (3) Been granted his or her final release by the Florida
  670  Parole Commission on Offender Review.
  671         Section 28. Section 940.061, Florida Statutes, is amended
  672  to read:
  673         940.061 Informing persons about executive clemency and
  674  restoration of civil rights.—The Department of Corrections shall
  675  inform and educate inmates and offenders on community
  676  supervision about the restoration of civil rights. Each month
  677  the Department of Corrections shall send to the Florida Parole
  678  Commission on Offender Review by electronic means a list of the
  679  names of inmates who have been released from incarceration and
  680  offenders who have been terminated from supervision who may be
  681  eligible for restoration of civil rights.
  682         Section 29. Subsections (2) and (3) of section 941.23,
  683  Florida Statutes, are amended to read:
  684         941.23 Application for issuance of requisition; by whom
  685  made; contents.—
  686         (2) When the return to this state is required of a person
  687  who has been convicted of a crime in this state and has escaped
  688  from confinement or broken the terms of his or her bail,
  689  probation, or parole, the state attorney of the county in which
  690  the offense was committed, the Florida Parole Commission on
  691  Offender Review, the Department of Corrections, or the warden of
  692  the institution or sheriff of the county, from which escape was
  693  made, shall present to the Governor a written application for a
  694  requisition for the return of such person, in which application
  695  shall be stated the name of the person, the crime of which the
  696  person was convicted, the circumstances of his or her escape
  697  from confinement or of the breach of the terms of his or her
  698  bail, probation, or parole, and the state in which the person is
  699  believed to be, including the location of the person therein at
  700  the time application is made.
  701         (3) The application shall be verified by affidavit, shall
  702  be executed in duplicate, and shall be accompanied by two
  703  certified copies of the indictment returned or information and
  704  affidavit filed or of the complaint made to the judge, stating
  705  the offense with which the accused is charged, or of the
  706  judgment of conviction or of the sentence. The prosecuting
  707  officer, Florida Parole Commission on Offender Review,
  708  Department of Corrections, warden, or sheriff may also attach
  709  such further affidavits and other documents in duplicate as he
  710  or she shall deem proper to be submitted with such application.
  711  One copy of the application, with the action of the Governor
  712  indicated by endorsement thereon, and one of the certified
  713  copies of the indictment, complaint, information, and affidavits
  714  or of the judgment of conviction or of the sentence shall be
  715  filed in the office of the Department of State to remain of
  716  record in that office. The other copies of all papers shall be
  717  forwarded with the Governor’s requisition.
  718         Section 30. Subsection (7) of section 943.0311, Florida
  719  Statutes, is amended to read:
  720         943.0311 Chief of Domestic Security; duties of the
  721  department with respect to domestic security.—
  722         (7) As used in this section, the term “state agency”
  723  includes the Agency for Health Care Administration, the
  724  Department of Agriculture and Consumer Services, the Department
  725  of Business and Professional Regulation, the Department of
  726  Children and Families Family Services, the Department of Citrus,
  727  the Department of Economic Opportunity, the Department of
  728  Corrections, the Department of Education, the Department of
  729  Elderly Affairs, the Division of Emergency Management, the
  730  Department of Environmental Protection, the Department of
  731  Financial Services, the Department of Health, the Department of
  732  Highway Safety and Motor Vehicles, the Department of Juvenile
  733  Justice, the Department of Law Enforcement, the Department of
  734  Legal Affairs, the Department of Management Services, the
  735  Department of Military Affairs, the Department of Revenue, the
  736  Department of State, the Department of the Lottery, the
  737  Department of Transportation, the Department of Veterans’
  738  Affairs, the Fish and Wildlife Conservation Commission, the
  739  Florida Parole Commission on Offender Review, the State Board of
  740  Administration, and the Executive Office of the Governor.
  741         Section 31. Subsection (1) of section 943.06, Florida
  742  Statutes, is amended to read:
  743         943.06 Criminal and Juvenile Justice Information Systems
  744  Council.—There is created a Criminal and Juvenile Justice
  745  Information Systems Council within the department.
  746         (1) The council shall be composed of 15 members, consisting
  747  of the Attorney General or a designated assistant; the executive
  748  director of the Department of Law Enforcement or a designated
  749  assistant; the secretary of the Department of Corrections or a
  750  designated assistant; the chair of the Florida Parole Commission
  751  on Offender Review or a designated assistant; the Secretary of
  752  Juvenile Justice or a designated assistant; the executive
  753  director of the Department of Highway Safety and Motor Vehicles
  754  or a designated assistant; the Secretary of Children and
  755  Families Family Services or a designated assistant; the State
  756  Courts Administrator or a designated assistant; 1 public
  757  defender appointed by the Florida Public Defender Association,
  758  Inc.; 1 state attorney appointed by the Florida Prosecuting
  759  Attorneys Association, Inc.; and 5 members, to be appointed by
  760  the Governor, consisting of 2 sheriffs, 2 police chiefs, and 1
  761  clerk of the circuit court.
  762         Section 32. Subsection (5) of section 944.012, Florida
  763  Statutes, is amended to read:
  764         944.012 Legislative intent.—The Legislature hereby finds
  765  and declares that:
  766         (5) In order to make the correctional system an efficient
  767  and effective mechanism, the various agencies involved in the
  768  correctional process must coordinate their efforts. Where
  769  possible, interagency offices should be physically located
  770  within major institutions and should include representatives of
  771  the public employment service, the vocational rehabilitation
  772  programs of the Department of Education, and the Florida Parole
  773  Commission on Offender Review. Duplicative and unnecessary
  774  methods of evaluating offenders must be eliminated and areas of
  775  responsibility consolidated in order to more economically use
  776  utilize present scarce resources.
  777         Section 33. Subsection (1) of section 944.02, Florida
  778  Statutes, is amended to read:
  779         944.02 Definitions.—The following words and phrases used in
  780  this chapter shall, unless the context clearly indicates
  781  otherwise, have the following meanings:
  782         (1) “Commission” means the Florida Parole Commission on
  783  Offender Review.
  784         Section 34. Paragraph (c) of subsection (2) of section
  785  944.171, Florida Statutes, is amended to read:
  786         944.171 Housing of inmates.—
  787         (2) Notwithstanding s. 944.17, the department may enter
  788  into contracts with another state, a political subdivision of
  789  another state, or a correctional management services vendor in
  790  another state for the transfer and confinement in that state of
  791  inmates who have been committed to the custody of the
  792  department.
  793         (c) The Florida Parole Commission on Offender Review shall
  794  conduct any parole hearing for an inmate confined under a
  795  contract pursuant to this section according to the rules of the
  796  commission.
  797         Section 35. Paragraph (b) of subsection (2) of section
  798  944.4731, Florida Statutes, is amended to read:
  799         944.4731 Addiction-Recovery Supervision Program.—
  800         (2)
  801         (b) An offender released under addiction-recovery
  802  supervision shall be subject to specified terms and conditions,
  803  including payment of the costs of supervision under s. 948.09
  804  and any other court-ordered payments, such as child support and
  805  restitution. If an offender has received a term of probation or
  806  community control to be served after release from incarceration,
  807  the period of probation or community control may not be
  808  substituted for addiction-recovery supervision and shall follow
  809  the term of addiction-recovery supervision. A panel of not fewer
  810  than two parole commissioners shall establish the terms and
  811  conditions of supervision, and the terms and conditions must be
  812  included in the supervision order. In setting the terms and
  813  conditions of supervision, the parole commission shall weigh
  814  heavily the program requirements, including, but not limited to,
  815  work at paid employment while participating in treatment and
  816  traveling restrictions. The commission shall also determine
  817  whether an offender violates the terms and conditions of
  818  supervision and whether a violation warrants revocation of
  819  addiction-recovery supervision pursuant to s. 947.141. The
  820  parole commission shall review the offender’s record for the
  821  purpose of establishing the terms and conditions of supervision.
  822  The parole commission may impose any special conditions it
  823  considers warranted from its review of the record. The length of
  824  supervision may not exceed the maximum penalty imposed by the
  825  court.
  826         Section 36. Paragraph (b) of subsection (1) and paragraph
  827  (b) of subsection (6) of section 945.091, Florida Statutes, are
  828  amended to read:
  829         945.091 Extension of the limits of confinement; restitution
  830  by employed inmates.—
  831         (1) The department may adopt rules permitting the extension
  832  of the limits of the place of confinement of an inmate as to
  833  whom there is reasonable cause to believe that the inmate will
  834  honor his or her trust by authorizing the inmate, under
  835  prescribed conditions and following investigation and approval
  836  by the secretary, or the secretary’s designee, who shall
  837  maintain a written record of such action, to leave the confines
  838  of that place unaccompanied by a custodial agent for a
  839  prescribed period of time to:
  840         (b) Work at paid employment, participate in an education or
  841  a training program, or voluntarily serve a public or nonprofit
  842  agency or faith-based service group in the community, while
  843  continuing as an inmate of the institution or facility in which
  844  the inmate is confined, except during the hours of his or her
  845  employment, education, training, or service and traveling
  846  thereto and therefrom. An inmate may travel to and from his or
  847  her place of employment, education, or training only by means of
  848  walking, bicycling, or using public transportation or
  849  transportation that is provided by a family member or employer.
  850  Contingent upon specific appropriations, the department may
  851  transport an inmate in a state-owned vehicle if the inmate is
  852  unable to obtain other means of travel to his or her place of
  853  employment, education, or training.
  854         1. An inmate may participate in paid employment only during
  855  the last 36 months of his or her confinement, unless sooner
  856  requested by the Florida Parole Commission on Offender Review or
  857  the Control Release Authority.
  858         2. While working at paid employment and residing in the
  859  facility, an inmate may apply for placement at a contracted
  860  substance abuse transition housing program. The transition
  861  assistance specialist shall inform the inmate of program
  862  availability and assess the inmate’s need and suitability for
  863  transition housing assistance. If an inmate is approved for
  864  placement, the specialist shall assist the inmate. If an inmate
  865  requests and is approved for placement in a contracted faith
  866  based substance abuse transition housing program, the specialist
  867  must consult with the chaplain before prior to such placement.
  868  The department shall ensure that an inmate’s faith orientation,
  869  or lack thereof, will not be considered in determining admission
  870  to a faith-based program and that the program does not attempt
  871  to convert an inmate toward a particular faith or religious
  872  preference.
  873         (6)
  874         (b) An offender who is required to provide restitution or
  875  reparation may petition the circuit court to amend the amount of
  876  restitution or reparation required or to revise the schedule of
  877  repayment established by the department or the Florida Parole
  878  Commission on Offender Review.
  879         Section 37. Paragraph (d) of subsection (1), paragraphs (a)
  880  and (b) of subsection (2), and subsection (5) of section 945.10,
  881  Florida Statutes, are amended to read:
  882         945.10 Confidential information.—
  883         (1) Except as otherwise provided by law or in this section,
  884  the following records and information held by the Department of
  885  Corrections are confidential and exempt from the provisions of
  886  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
  887         (d) Florida Parole Commission on Offender Review records
  888  which are confidential or exempt from public disclosure by law.
  889         (2) The records and information specified in paragraphs
  890  (1)(a)-(h) may be released as follows unless expressly
  891  prohibited by federal law:
  892         (a) Information specified in paragraphs (1)(b), (d), and
  893  (f) to the Office of the Governor, the Legislature, the Florida
  894  Parole Commission on Offender Review, the Department of Children
  895  and Families Family Services, a private correctional facility or
  896  program that operates under a contract, the Department of Legal
  897  Affairs, a state attorney, the court, or a law enforcement
  898  agency. A request for records or information pursuant to this
  899  paragraph need not be in writing.
  900         (b) Information specified in paragraphs (1)(c), (e), and
  901  (h) to the Office of the Governor, the Legislature, the Florida
  902  Parole Commission on Offender Review, the Department of Children
  903  and Families Family Services, a private correctional facility or
  904  program that operates under contract, the Department of Legal
  905  Affairs, a state attorney, the court, or a law enforcement
  906  agency. A request for records or information pursuant to this
  907  paragraph must be in writing and a statement provided
  908  demonstrating a need for the records or information.
  909  
  910  Records and information released under this subsection remain
  911  confidential and exempt from the provisions of s. 119.07(1) and
  912  s. 24(a), Art. I of the State Constitution when held by the
  913  receiving person or entity.
  914         (5) The Department of Corrections and the Florida Parole
  915  Commission on Offender Review shall mutually cooperate with
  916  respect to maintaining the confidentiality of records that are
  917  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  918  of the State Constitution.
  919         Section 38. Subsection (2) of section 945.47, Florida
  920  Statutes, is amended to read:
  921         945.47 Discharge of inmate from mental health treatment.—
  922         (2) At any time that an inmate who has received mental
  923  health treatment while in the custody of the department becomes
  924  eligible for release under supervision or upon end of sentence,
  925  a record of the inmate’s mental health treatment may be provided
  926  to the Florida Parole Commission on Offender Review and to the
  927  Department of Children and Families Family Services upon
  928  request. The record shall include, at a minimum, a summary of
  929  the inmate’s diagnosis, length of stay in treatment, clinical
  930  history, prognosis, prescribed medication, treatment plan, and
  931  recommendations for aftercare services.
  932         Section 39. Subsection (6) of section 945.73, Florida
  933  Statutes, is amended to read:
  934         945.73 Inmate training program operation.—
  935         (6) The department shall work cooperatively with the
  936  Control Release Authority, the Florida Parole Commission on
  937  Offender Review, or such other authority as may exist or be
  938  established in the future which is empowered by law to effect
  939  the release of an inmate who has successfully completed the
  940  requirements established by ss. 945.71-945.74.
  941         Section 40. Subsection (3) of section 947.005, Florida
  942  Statutes, is amended to read:
  943         947.005 Definitions.—As used in this chapter, unless the
  944  context clearly indicates otherwise:
  945         (3) “Commission” means the Florida Parole Commission on
  946  Offender Review.
  947         Section 41. Section 947.01, Florida Statutes, is amended to
  948  read:
  949         947.01 Florida Parole Commission on Offender Review;
  950  creation; number of members.—A Florida Parole Commission on
  951  Offender Review is created to consist of six members who are
  952  residents of the state. Effective July 1, 1996, the membership
  953  of the commission shall be three members.
  954         Section 42. Section 947.02, Florida Statutes, is amended to
  955  read:
  956         947.02 Florida Parole Commission on Offender Review;
  957  members, appointment.—
  958         (1) Except as provided in s. 947.021, the members of the
  959  Florida Parole Commission on Offender Review shall be appointed
  960  by the Governor and Cabinet from a list of eligible applicants
  961  submitted by a parole qualifications committee. The appointments
  962  of members of the commission shall be certified to the Senate by
  963  the Governor and Cabinet for confirmation, and the membership of
  964  the commission shall include representation from minority
  965  persons as defined in s. 288.703.
  966         (2) A parole qualifications committee shall consist of five
  967  persons who are appointed by the Governor and Cabinet. One
  968  member shall be designated as chair by the Governor and Cabinet.
  969  The committee shall provide for statewide advertisement and the
  970  receiving of applications for any position or positions on the
  971  commission and shall devise a plan for the determination of the
  972  qualifications of the applicants by investigations and
  973  comprehensive evaluations, including, but not limited to,
  974  investigation and evaluation of the character, habits, and
  975  philosophy of each applicant. Each parole qualifications
  976  committee shall exist for 2 years. If additional vacancies on
  977  the commission occur during this 2-year period, the committee
  978  may advertise and accept additional applications; however, all
  979  previously submitted applications shall be considered along with
  980  the new applications according to the previously established
  981  plan for the evaluation of the qualifications of applicants.
  982         (3) Within 90 days before an anticipated vacancy by
  983  expiration of term pursuant to s. 947.03 or upon any other
  984  vacancy, the Governor and Cabinet shall appoint a parole
  985  qualifications committee if one has not been appointed during
  986  the previous 2 years. The committee shall consider applications
  987  for the commission seat, including the application of an
  988  incumbent commissioner if he or she applies, according to the
  989  provisions of subsection (2). The committee shall submit a list
  990  of three eligible applicants, which may include the incumbent if
  991  the committee so decides, without recommendation, to the
  992  Governor and Cabinet for appointment to the commission. In the
  993  case of an unexpired term, the appointment must be for the
  994  remainder of the unexpired term and until a successor is
  995  appointed and qualified. If more than one seat is vacant, the
  996  committee shall submit a list of eligible applicants, without
  997  recommendation, containing a number of names equal to three
  998  times the number of vacant seats; however, the names submitted
  999  may shall not be distinguished by seat, and each submitted
 1000  applicant shall be considered eligible for each vacancy.
 1001         (4) Upon receiving a list of eligible persons from the
 1002  parole qualifications committee, the Governor and Cabinet may
 1003  reject the list. If the list is rejected, the committee shall
 1004  reinitiate the application and examination procedure according
 1005  to the provisions of subsection (2).
 1006         (5) Section The provisions of s. 120.525 and chapters 119
 1007  and 286 apply to all activities and proceedings of a parole
 1008  qualifications committee.
 1009         Section 43. Section 947.021, Florida Statutes, is amended
 1010  to read:
 1011         947.021 Florida Parole Commission on Offender Review;
 1012  expedited appointments.—Whenever the Legislature decreases the
 1013  membership of the commission, all terms of office shall expire,
 1014  notwithstanding any law to the contrary. Under such
 1015  circumstances, the Governor and Cabinet shall expedite the
 1016  appointment of commissioners. Notwithstanding the parole
 1017  qualifications committee procedure in s. 947.02, members shall
 1018  be directly appointed by the Governor and Cabinet. Members
 1019  appointed to the commission may be selected from incumbents.
 1020  Members shall be certified to the Senate by the Governor and
 1021  Cabinet for confirmation, and the membership of the commission
 1022  shall include representation from minority persons as defined in
 1023  s. 288.703.
 1024         Section 44. Section 947.045, Florida Statutes, is amended
 1025  to read:
 1026         947.045 Federal Grants Trust Fund.—The Federal Grants Trust
 1027  Fund is hereby created, to be administered by the Florida Parole
 1028  Commission on Offender Review.
 1029         (1) Funds to be credited to the trust fund shall consist of
 1030  receipts from federal grants and shall be used for the various
 1031  purposes for which the federal funds were intended.
 1032         (2) Notwithstanding the provisions of s. 216.301 and
 1033  pursuant to s. 216.351, any balance in the trust fund at the end
 1034  of any fiscal year shall remain in the trust fund at the end of
 1035  the year and shall be available for carrying out the purposes of
 1036  the trust fund.
 1037         Section 45. Subsection (3) of section 947.141, Florida
 1038  Statutes, is amended to read:
 1039         947.141 Violations of conditional release, control release,
 1040  or conditional medical release or addiction-recovery
 1041  supervision.—
 1042         (3) Within 45 days after notice to the Florida Parole
 1043  Commission on Offender Review of the arrest of a releasee
 1044  charged with a violation of the terms and conditions of
 1045  conditional release, control release, conditional medical
 1046  release, or addiction-recovery supervision, the releasee must be
 1047  afforded a hearing conducted by a commissioner or a duly
 1048  authorized representative thereof. If the releasee elects to
 1049  proceed with a hearing, the releasee must be informed orally and
 1050  in writing of the following:
 1051         (a) The alleged violation with which the releasee is
 1052  charged.
 1053         (b) The releasee’s right to be represented by counsel.
 1054         (c) The releasee’s right to be heard in person.
 1055         (d) The releasee’s right to secure, present, and compel the
 1056  attendance of witnesses relevant to the proceeding.
 1057         (e) The releasee’s right to produce documents on the
 1058  releasee’s own behalf.
 1059         (f) The releasee’s right of access to all evidence used
 1060  against the releasee and to confront and cross-examine adverse
 1061  witnesses.
 1062         (g) The releasee’s right to waive the hearing.
 1063         Section 46. Subsection (1) of section 947.146, Florida
 1064  Statutes, is amended to read:
 1065         947.146 Control Release Authority.—
 1066         (1) There is created a Control Release Authority which
 1067  shall be composed of the members of the Florida Parole
 1068  Commission on Offender Review and which shall have the same
 1069  chair as the commission. The authority shall use utilize such
 1070  commission staff as it determines is necessary to carry out its
 1071  purposes.
 1072         Section 47. Subsection (3) of section 947.181, Florida
 1073  Statutes, is amended to read:
 1074         947.181 Fines, fees, restitution, or other costs ordered to
 1075  be paid as conditions of parole.—
 1076         (3) If a defendant is paroled, any restitution ordered
 1077  under s. 775.089 shall be a condition of such parole. The
 1078  Florida Parole Commission on Offender Review may revoke parole
 1079  if the defendant fails to comply with such order.
 1080         Section 48. Section 947.185, Florida Statutes, is amended
 1081  to read:
 1082         947.185 Application for intellectual disability services as
 1083  condition of parole.—The Florida Parole Commission on Offender
 1084  Review may require as a condition of parole that any inmate who
 1085  has been diagnosed as having an intellectual disability as
 1086  defined in s. 393.063 shall, upon release, apply for services
 1087  from the Agency for Persons with Disabilities.
 1088         Section 49. Subsection (2) of section 947.22, Florida
 1089  Statutes, is amended to read:
 1090         947.22 Authority to arrest parole violators with or without
 1091  warrant.—
 1092         (2) Any parole and probation officer, if when she or he has
 1093  reasonable ground to believe that a parolee, control releasee,
 1094  or conditional releasee has violated the terms and conditions of
 1095  her or his parole, control release, or conditional release in a
 1096  material respect, has the right to arrest the releasee or
 1097  parolee without warrant and bring her or him forthwith before
 1098  one or more commissioners or a duly authorized representative of
 1099  the Florida Parole Commission on Offender Review or Control
 1100  Release Authority; and proceedings shall thereupon be had as
 1101  provided herein when a warrant has been issued by a member of
 1102  the commission or authority or a duly authorized representative
 1103  of the commission or authority.
 1104         Section 50. Paragraph (a) of subsection (1) and subsections
 1105  (3) and (6) of section 948.09, Florida Statutes, are amended to
 1106  read:
 1107         948.09 Payment for cost of supervision and rehabilitation.—
 1108         (1)(a)1. Any person ordered by the court, the Department of
 1109  Corrections, or the Florida parole Commission on Offender Review
 1110  to be placed on probation, drug offender probation, community
 1111  control, parole, control release, provisional release
 1112  supervision, addiction-recovery supervision, or conditional
 1113  release supervision under chapter 944, chapter 945, chapter 947,
 1114  this chapter 948, or chapter 958, or in a pretrial intervention
 1115  program, must, as a condition of any placement, pay the
 1116  department a total sum of money equal to the total month or
 1117  portion of a month of supervision times the court-ordered
 1118  amount, but not to exceed the actual per diem cost of the
 1119  supervision. The department shall adopt rules by which an
 1120  offender who pays in full and in advance of regular termination
 1121  of supervision may receive a reduction in the amount due. The
 1122  rules shall incorporate provisions by which the offender’s
 1123  ability to pay is linked to an established written payment plan.
 1124  Funds collected from felony offenders may be used to offset
 1125  costs of the Department of Corrections associated with community
 1126  supervision programs, subject to appropriation by the
 1127  Legislature.
 1128         2. In addition to any other contribution or surcharge
 1129  imposed by this section, each felony offender assessed under
 1130  this paragraph shall pay a $2-per-month surcharge to the
 1131  department. The surcharge shall be deemed to be paid only after
 1132  the full amount of any monthly payment required by the
 1133  established written payment plan has been collected by the
 1134  department. These funds shall be used by the department to pay
 1135  for correctional probation officers’ training and equipment,
 1136  including radios, and firearms training, firearms, and attendant
 1137  equipment necessary to train and equip officers who choose to
 1138  carry a concealed firearm while on duty. Nothing in This
 1139  subparagraph does not shall be construed to limit the
 1140  department’s authority to determine who shall be authorized to
 1141  carry a concealed firearm while on duty, or to limit the right
 1142  of a correctional probation officer to carry a personal firearm
 1143  approved by the department.
 1144         (3) Any failure to pay contribution as required under this
 1145  section may constitute a ground for the revocation of probation
 1146  by the court, the revocation of parole or conditional release by
 1147  the Florida Parole Commission on Offender Review, the revocation
 1148  of control release by the Control Release Authority, or removal
 1149  from the pretrial intervention program by the state attorney.
 1150  The Department of Corrections may exempt a person from the
 1151  payment of all or any part of the contribution if it finds any
 1152  of the following factors to exist:
 1153         (a) The offender has diligently attempted, but has been
 1154  unable, to obtain employment which provides him or her
 1155  sufficient income to make such payments.
 1156         (b) The offender is a student in a school, college,
 1157  university, or course of career training designed to fit the
 1158  student for gainful employment. Certification of such student
 1159  status shall be supplied to the Secretary of Corrections by the
 1160  educational institution in which the offender is enrolled.
 1161         (c) The offender has an employment handicap, as determined
 1162  by a physical, psychological, or psychiatric examination
 1163  acceptable to, or ordered by, the secretary.
 1164         (d) The offender’s age prevents him or her from obtaining
 1165  employment.
 1166         (e) The offender is responsible for the support of
 1167  dependents, and the payment of such contribution constitutes an
 1168  undue hardship on the offender.
 1169         (f) The offender has been transferred outside the state
 1170  under an interstate compact adopted pursuant to chapter 949.
 1171         (g) There are other extenuating circumstances, as
 1172  determined by the secretary.
 1173         (6) In addition to any other required contributions, the
 1174  department, at its discretion, may require offenders under any
 1175  form of supervision to submit to and pay for urinalysis testing
 1176  to identify drug usage as part of the rehabilitation program.
 1177  Any failure to make such payment, or participate, may be
 1178  considered a ground for revocation by the court, the Florida
 1179  Parole Commission on Offender Review, or the Control Release
 1180  Authority, or for removal from the pretrial intervention program
 1181  by the state attorney. The department may exempt a person from
 1182  such payment if it determines that any of the factors specified
 1183  in subsection (3) exist.
 1184         Section 51. Subsection (1) of section 948.10, Florida
 1185  Statutes, is amended to read:
 1186         948.10 Community control programs.—
 1187         (1) The Department of Corrections shall develop and
 1188  administer a community control program. This complementary
 1189  program shall be rigidly structured and designed to accommodate
 1190  offenders who, in the absence of such a program, would have been
 1191  incarcerated. The program shall focus on the provision of
 1192  sanctions and consequences which are commensurate with the
 1193  seriousness of the crime. The program shall offer the courts and
 1194  the Florida Parole Commission on Offender Review an alternative,
 1195  community-based method to punish an offender in lieu of
 1196  incarceration if when the offender is a member of one of the
 1197  following target groups:
 1198         (a) Probation violators charged with technical violations
 1199  or misdemeanor violations.
 1200         (b) Parole violators charged with technical violations or
 1201  misdemeanor violations.
 1202         (c) Individuals found guilty of felonies, who, due to their
 1203  criminal backgrounds or the seriousness of the offenses, would
 1204  not be placed on regular probation.
 1205         Section 52. Subsection (2) of section 949.05, Florida
 1206  Statutes, is amended to read:
 1207         949.05 Constitutionality.—
 1208         (2) If the method of selecting the commission members as
 1209  herein provided is found to be invalid by reason of the vesting
 1210  of the appointing power in the Governor and the Cabinet, the
 1211  members of the Florida Parole Commission on Offender Review
 1212  herein provided for shall be appointed by the Governor.
 1213         Section 53. Subsection (1) of section 951.29, Florida
 1214  Statutes, is amended to read:
 1215         951.29 Procedure for requesting restoration of civil rights
 1216  of county prisoners convicted of felonies.—
 1217         (1) With respect to a person who has been convicted of a
 1218  felony and is serving a sentence in a county detention facility,
 1219  the administrator of the county detention facility shall provide
 1220  to the prisoner, at least 2 weeks before discharge, if possible,
 1221  an application form obtained from the Florida Parole Commission
 1222  on Offender Review which the prisoner must complete in order to
 1223  begin the process of having his or her civil rights restored.
 1224         Section 54. Subsection (6) of section 957.06, Florida
 1225  Statutes, is amended to read:
 1226         957.06 Powers and duties not delegable to contractor.—A
 1227  contract entered into under this chapter does not authorize,
 1228  allow, or imply a delegation of authority to the contractor to:
 1229         (6) Make recommendations to the Florida Parole Commission
 1230  on Offender Review with respect to the denial or granting of
 1231  parole, control release, conditional release, or conditional
 1232  medical release. However, the contractor may submit written
 1233  reports to the Florida Parole Commission on Offender Review and
 1234  must respond to a written request by the Florida Parole
 1235  Commission on Offender Review for information.
 1236         Section 55. Paragraph (c) of subsection (8) of section
 1237  958.045, Florida Statutes, is amended to read:
 1238         958.045 Youthful offender basic training program.—
 1239         (8)
 1240         (c) The department shall work cooperatively with the
 1241  Control Release Authority or the Florida Parole Commission on
 1242  Offender Review to effect the release of an offender who has
 1243  successfully completed the requirements of the basic training
 1244  program.
 1245         Section 56. Subsection (1) of section 960.001, Florida
 1246  Statutes, is amended to read:
 1247         960.001 Guidelines for fair treatment of victims and
 1248  witnesses in the criminal justice and juvenile justice systems.—
 1249         (1) The Department of Legal Affairs, the state attorneys,
 1250  the Department of Corrections, the Department of Juvenile
 1251  Justice, the Florida Parole Commission on Offender Review, the
 1252  State Courts Administrator and circuit court administrators, the
 1253  Department of Law Enforcement, and every sheriff’s department,
 1254  police department, or other law enforcement agency as defined in
 1255  s. 943.10(4) shall develop and implement guidelines for the use
 1256  of their respective agencies, which guidelines are consistent
 1257  with the purposes of this act and s. 16(b), Art. I of the State
 1258  Constitution and are designed to implement the provisions of s.
 1259  16(b), Art. I of the State Constitution and to achieve the
 1260  following objectives:
 1261         (a) Information concerning services available to victims of
 1262  adult and juvenile crime.—As provided in s. 27.0065, state
 1263  attorneys and public defenders shall gather information
 1264  regarding the following services in the geographic boundaries of
 1265  their respective circuits and shall provide such information to
 1266  each law enforcement agency with jurisdiction within such
 1267  geographic boundaries. Law enforcement personnel shall ensure,
 1268  through distribution of a victim’s rights information card or
 1269  brochure at the crime scene, during the criminal investigation,
 1270  and in any other appropriate manner, that victims are given, as
 1271  a matter of course at the earliest possible time, information
 1272  about:
 1273         1. The availability of crime victim compensation, if when
 1274  applicable;
 1275         2. Crisis intervention services, supportive or bereavement
 1276  counseling, social service support referrals, and community
 1277  based victim treatment programs;
 1278         3. The role of the victim in the criminal or juvenile
 1279  justice process, including what the victim may expect from the
 1280  system as well as what the system expects from the victim;
 1281         4. The stages in the criminal or juvenile justice process
 1282  which are of significance to the victim and the manner in which
 1283  information about such stages can be obtained;
 1284         5. The right of a victim, who is not incarcerated,
 1285  including the victim’s parent or guardian if the victim is a
 1286  minor, the lawful representative of the victim or of the
 1287  victim’s parent or guardian if the victim is a minor, and the
 1288  next of kin of a homicide victim, to be informed, to be present,
 1289  and to be heard when relevant, at all crucial stages of a
 1290  criminal or juvenile proceeding, to the extent that this right
 1291  does not interfere with constitutional rights of the accused, as
 1292  provided by s. 16(b), Art. I of the State Constitution;
 1293         6. In the case of incarcerated victims, the right to be
 1294  informed and to submit written statements at all crucial stages
 1295  of the criminal proceedings, parole proceedings, or juvenile
 1296  proceedings; and
 1297         7. The right of a victim to a prompt and timely disposition
 1298  of the case in order to minimize the period during which the
 1299  victim must endure the responsibilities and stress involved to
 1300  the extent that this right does not interfere with the
 1301  constitutional rights of the accused.
 1302         (b) Information for purposes of notifying victim or
 1303  appropriate next of kin of victim or other designated contact of
 1304  victim.—In the case of a homicide, pursuant to chapter 782; or a
 1305  sexual offense, pursuant to chapter 794; or an attempted murder
 1306  or sexual offense, pursuant to chapter 777; or stalking,
 1307  pursuant to s. 784.048; or domestic violence, pursuant to s.
 1308  25.385:
 1309         1. The arresting law enforcement officer or personnel of an
 1310  organization that provides assistance to a victim or to the
 1311  appropriate next of kin of the victim or other designated
 1312  contact must request that the victim or appropriate next of kin
 1313  of the victim or other designated contact complete a victim
 1314  notification card. However, the victim or appropriate next of
 1315  kin of the victim or other designated contact may choose not to
 1316  complete the victim notification card.
 1317         2. Unless the victim or the appropriate next of kin of the
 1318  victim or other designated contact waives the option to complete
 1319  the victim notification card, a copy of the victim notification
 1320  card must be filed with the incident report or warrant in the
 1321  sheriff’s office of the jurisdiction in which the incident
 1322  report or warrant originated. The notification card shall, at a
 1323  minimum, consist of:
 1324         a. The name, address, and phone number of the victim; or
 1325         b. The name, address, and phone number of the appropriate
 1326  next of kin of the victim; or
 1327         c. The name, address, and telephone phone number of a
 1328  designated contact other than the victim or appropriate next of
 1329  kin of the victim; and
 1330         d. Any relevant identification or case numbers assigned to
 1331  the case.
 1332         3. The chief administrator, or a person designated by the
 1333  chief administrator, of a county jail, municipal jail, juvenile
 1334  detention facility, or residential commitment facility shall
 1335  make a reasonable attempt to notify the alleged victim or
 1336  appropriate next of kin of the alleged victim or other
 1337  designated contact within 4 hours following the release of the
 1338  defendant on bail or, in the case of a juvenile offender, upon
 1339  the release from residential detention or commitment. If the
 1340  chief administrator, or designee, is unable to contact the
 1341  alleged victim or appropriate next of kin of the alleged victim
 1342  or other designated contact by telephone, the chief
 1343  administrator, or designee, must send to the alleged victim or
 1344  appropriate next of kin of the alleged victim or other
 1345  designated contact a written notification of the defendant’s
 1346  release.
 1347         4. Unless otherwise requested by the victim or the
 1348  appropriate next of kin of the victim or other designated
 1349  contact, the information contained on the victim notification
 1350  card must be sent by the chief administrator, or designee, of
 1351  the appropriate facility to the subsequent correctional or
 1352  residential commitment facility following the sentencing and
 1353  incarceration of the defendant, and unless otherwise requested
 1354  by the victim or the appropriate next of kin of the victim or
 1355  other designated contact, he or she must be notified of the
 1356  release of the defendant from incarceration as provided by law.
 1357         5. If the defendant was arrested pursuant to a warrant
 1358  issued or taken into custody pursuant to s. 985.101 in a
 1359  jurisdiction other than the jurisdiction in which the defendant
 1360  is being released, and the alleged victim or appropriate next of
 1361  kin of the alleged victim or other designated contact does not
 1362  waive the option for notification of release, the chief
 1363  correctional officer or chief administrator of the facility
 1364  releasing the defendant shall make a reasonable attempt to
 1365  immediately notify the chief correctional officer of the
 1366  jurisdiction in which the warrant was issued or the juvenile was
 1367  taken into custody pursuant to s. 985.101, and the chief
 1368  correctional officer of that jurisdiction shall make a
 1369  reasonable attempt to notify the alleged victim or appropriate
 1370  next of kin of the alleged victim or other designated contact,
 1371  as provided in this paragraph, that the defendant has been or
 1372  will be released.
 1373         (c) Information concerning protection available to victim
 1374  or witness.—A victim or witness shall be furnished, as a matter
 1375  of course, with information on steps that are available to law
 1376  enforcement officers and state attorneys to protect victims and
 1377  witnesses from intimidation. Victims of domestic violence shall
 1378  also be given information about the address confidentiality
 1379  program provided under s. 741.403.
 1380         (d) Notification of scheduling changes.—Each victim or
 1381  witness who has been scheduled to attend a criminal or juvenile
 1382  justice proceeding shall be notified as soon as possible by the
 1383  agency scheduling his or her appearance of any change in
 1384  scheduling which will affect his or her appearance.
 1385         (e) Advance notification to victim or relative of victim
 1386  concerning judicial proceedings; right to be present.—Any
 1387  victim, parent, guardian, or lawful representative of a minor
 1388  who is a victim, or relative of a homicide victim shall receive
 1389  from the appropriate agency, at the address found in the police
 1390  report or the victim notification card if such has been provided
 1391  to the agency, prompt advance notification, unless the agency
 1392  itself does not have advance notification, of judicial and
 1393  postjudicial proceedings relating to his or her case, including
 1394  all proceedings or hearings relating to:
 1395         1. The arrest of an accused;
 1396         2. The release of the accused pending judicial proceedings
 1397  or any modification of release conditions; and
 1398         3. Proceedings in the prosecution or petition for
 1399  delinquency of the accused, including the filing of the
 1400  accusatory instrument, the arraignment, disposition of the
 1401  accusatory instrument, trial or adjudicatory hearing, sentencing
 1402  or disposition hearing, appellate review, subsequent
 1403  modification of sentence, collateral attack of a judgment, and,
 1404  when a term of imprisonment, detention, or residential
 1405  commitment is imposed, the release of the defendant or juvenile
 1406  offender from such imprisonment, detention, or residential
 1407  commitment by expiration of sentence or parole and any meeting
 1408  held to consider such release.
 1409  
 1410  A victim, a victim’s parent or guardian if the victim is a
 1411  minor, a lawful representative of the victim or of the victim’s
 1412  parent or guardian if the victim is a minor, or a victim’s next
 1413  of kin may not be excluded from any portion of any hearing,
 1414  trial, or proceeding pertaining to the offense based solely on
 1415  the fact that such person is subpoenaed to testify, unless, upon
 1416  motion, the court determines such person’s presence to be
 1417  prejudicial. The appropriate agency with respect to notification
 1418  under subparagraph 1. is the arresting law enforcement agency,
 1419  and the appropriate agency with respect to notification under
 1420  subparagraphs 2. and 3. is the Attorney General or state
 1421  attorney, unless the notification relates to a hearing
 1422  concerning parole, in which case the appropriate agency is the
 1423  Florida Parole Commission on Offender Review. The Department of
 1424  Corrections, the Department of Juvenile Justice, or the sheriff
 1425  is the appropriate agency with respect to release by expiration
 1426  of sentence or any other release program provided by law. A Any
 1427  victim may waive notification at any time, and such waiver shall
 1428  be noted in the agency’s files.
 1429         (f) Information concerning release from incarceration from
 1430  a county jail, municipal jail, juvenile detention facility, or
 1431  residential commitment facility.—The chief administrator, or a
 1432  person designated by the chief administrator, of a county jail,
 1433  municipal jail, juvenile detention facility, or residential
 1434  commitment facility shall, upon the request of the victim or the
 1435  appropriate next of kin of a victim or other designated contact
 1436  of the victim of any of the crimes specified in paragraph (b),
 1437  make a reasonable attempt to notify the victim or appropriate
 1438  next of kin of the victim or other designated contact before
 1439  prior to the defendant’s or offender’s release from
 1440  incarceration, detention, or residential commitment if the
 1441  victim notification card has been provided pursuant to paragraph
 1442  (b). If prior notification is not successful, a reasonable
 1443  attempt must be made to notify the victim or appropriate next of
 1444  kin of the victim or other designated contact within 4 hours
 1445  following the release of the defendant or offender from
 1446  incarceration, detention, or residential commitment. If the
 1447  defendant is released following sentencing, disposition, or
 1448  furlough, the chief administrator or designee shall make a
 1449  reasonable attempt to notify the victim or the appropriate next
 1450  of kin of the victim or other designated contact within 4 hours
 1451  following the release of the defendant. If the chief
 1452  administrator or designee is unable to contact the victim or
 1453  appropriate next of kin of the victim or other designated
 1454  contact by telephone, the chief administrator or designee must
 1455  send to the victim or appropriate next of kin of the victim or
 1456  other designated contact a written notification of the
 1457  defendant’s or offender’s release.
 1458         (g) Consultation with victim or guardian or family of
 1459  victim.—
 1460         1. In addition to being notified of the provisions of s.
 1461  921.143, the victim of a felony involving physical or emotional
 1462  injury or trauma or, in a case in which the victim is a minor
 1463  child or in a homicide, the guardian or family of the victim
 1464  shall be consulted by the state attorney in order to obtain the
 1465  views of the victim or family about the disposition of any
 1466  criminal or juvenile case brought as a result of such crime,
 1467  including the views of the victim or family about:
 1468         a. The release of the accused pending judicial proceedings;
 1469         b. Plea agreements;
 1470         c. Participation in pretrial diversion programs; and
 1471         d. Sentencing of the accused.
 1472         2. Upon request, the state attorney shall permit the
 1473  victim, the victim’s parent or guardian if the victim is a
 1474  minor, the lawful representative of the victim or of the
 1475  victim’s parent or guardian if the victim is a minor, or the
 1476  victim’s next of kin in the case of a homicide to review a copy
 1477  of the presentence investigation report before prior to the
 1478  sentencing hearing if one was completed. Any confidential
 1479  information that pertains to medical history, mental health, or
 1480  substance abuse and any information that pertains to any other
 1481  victim shall be redacted from the copy of the report. Any person
 1482  who reviews the report pursuant to this paragraph must maintain
 1483  the confidentiality of the report and may shall not disclose its
 1484  contents to any person except statements made to the state
 1485  attorney or the court.
 1486         3. If When an inmate has been approved for community work
 1487  release, the Department of Corrections shall, upon request and
 1488  as provided in s. 944.605, notify the victim, the victim’s
 1489  parent or guardian if the victim is a minor, the lawful
 1490  representative of the victim or of the victim’s parent or
 1491  guardian if the victim is a minor, or the victim’s next of kin
 1492  if the victim is a homicide victim.
 1493         (h) Return of property to victim.—Law enforcement agencies
 1494  and the state attorney shall promptly return a victim’s property
 1495  held for evidentiary purposes unless there is a compelling law
 1496  enforcement reason for retaining it. The trial or juvenile court
 1497  exercising jurisdiction over the criminal or juvenile proceeding
 1498  may enter appropriate orders to implement the provisions of this
 1499  subsection, including allowing photographs of the victim’s
 1500  property to be used as evidence at the criminal trial or the
 1501  juvenile proceeding in place of the victim’s property if when no
 1502  substantial evidentiary issue related thereto is in dispute.
 1503         (i) Notification to employer and explanation to creditors
 1504  of victim or witness.—A victim or witness who so requests shall
 1505  be assisted by law enforcement agencies and the state attorney
 1506  in informing his or her employer that the need for victim and
 1507  witness cooperation in the prosecution of the case may
 1508  necessitate the absence of that victim or witness from work. A
 1509  victim or witness who, as a direct result of a crime or of his
 1510  or her cooperation with law enforcement agencies or a state
 1511  attorney, is subjected to serious financial strain shall be
 1512  assisted by such agencies and state attorney in explaining to
 1513  the creditors of such victim or witness the reason for such
 1514  serious financial strain.
 1515         (j) Notification of right to request restitution.—Law
 1516  enforcement agencies and the state attorney shall inform the
 1517  victim of the victim’s right to request and receive restitution
 1518  pursuant to s. 775.089 or s. 985.437, and of the victim’s rights
 1519  of enforcement under ss. 775.089(6) and 985.0301 in the event an
 1520  offender does not comply with a restitution order. The state
 1521  attorney shall seek the assistance of the victim in the
 1522  documentation of the victim’s losses for the purpose of
 1523  requesting and receiving restitution. In addition, the state
 1524  attorney shall inform the victim if and when restitution is
 1525  ordered. If an order of restitution is converted to a civil lien
 1526  or civil judgment against the defendant, the clerks shall make
 1527  available at their office, as well as on their website,
 1528  information provided by the Secretary of State, the court, or
 1529  The Florida Bar on enforcing the civil lien or judgment.
 1530         (k) Notification of right to submit impact statement.—The
 1531  state attorney shall inform the victim of the victim’s right to
 1532  submit an oral or written impact statement pursuant to s.
 1533  921.143 and shall assist in the preparation of such statement if
 1534  necessary.
 1535         (l) Local witness coordination services.—The requirements
 1536  for notification provided for in paragraphs (c), (d), and (i)
 1537  may be performed by the state attorney or public defender for
 1538  their own witnesses.
 1539         (m) Victim assistance education and training.—Victim
 1540  assistance education and training shall be offered to persons
 1541  taking courses at law enforcement training facilities and to
 1542  state attorneys and assistant state attorneys so that victims
 1543  may be promptly, properly, and completely assisted.
 1544         (n) General victim assistance.—Victims and witnesses shall
 1545  be provided with such other assistance, such as transportation,
 1546  parking, separate pretrial waiting areas, and translator
 1547  services in attending court, as is practicable.
 1548         (o) Victim’s rights information card or brochure.—A victim
 1549  of a crime shall be provided with a victim’s rights information
 1550  card or brochure containing essential information concerning the
 1551  rights of a victim and services available to a victim as
 1552  required by state law.
 1553         (p) Information concerning escape from a state correctional
 1554  institution, county jail, juvenile detention facility, or
 1555  residential commitment facility.—In any case where an offender
 1556  escapes from a state correctional institution, private
 1557  correctional facility, county jail, juvenile detention facility,
 1558  or residential commitment facility, the institution of
 1559  confinement shall immediately notify the state attorney of the
 1560  jurisdiction where the criminal charge or petition for
 1561  delinquency arose and the judge who imposed the sentence of
 1562  incarceration. The state attorney shall thereupon make every
 1563  effort to notify the victim, material witness, parents or legal
 1564  guardian of a minor who is a victim or witness, or immediate
 1565  relatives of a homicide victim of the escapee. The state
 1566  attorney shall also notify the sheriff of the county where the
 1567  criminal charge or petition for delinquency arose. The sheriff
 1568  shall offer assistance upon request. When an escaped offender is
 1569  subsequently captured or is captured and returned to the
 1570  institution of confinement, the institution of confinement shall
 1571  again immediately notify the appropriate state attorney and
 1572  sentencing judge pursuant to this section.
 1573         (q) Presence of victim advocate during discovery
 1574  deposition; testimony of victim of a sexual offense.—At the
 1575  request of the victim or the victim’s parent, guardian, or
 1576  lawful representative, the victim advocate designated by state
 1577  attorney’s office, sheriff’s office, or municipal police
 1578  department, or one representative from a not-for-profit victim
 1579  services organization, including, but not limited to, rape
 1580  crisis centers, domestic violence advocacy groups, and alcohol
 1581  abuse or substance abuse groups shall be permitted to attend and
 1582  be present during any deposition of the victim. The victim of a
 1583  sexual offense shall be informed of the right to have the
 1584  courtroom cleared of certain persons as provided in s. 918.16
 1585  when the victim is testifying concerning that offense.
 1586         (r) Implementing crime prevention in order to protect the
 1587  safety of persons and property, as prescribed in the State
 1588  Comprehensive Plan.—By preventing crimes that create victims or
 1589  further harm former victims, crime prevention efforts are an
 1590  essential part of providing effective service for victims and
 1591  witnesses. Therefore, the agencies identified in this subsection
 1592  may participate in and expend funds for crime prevention, public
 1593  awareness, public participation, and educational activities
 1594  directly relating to, and in furtherance of, existing public
 1595  safety statutes. Furthermore, funds may not be expended for the
 1596  purpose of influencing public opinion on public policy issues
 1597  that have not been resolved by the Legislature or the
 1598  electorate.
 1599         (s) Attendance of victim at same school as defendant.If
 1600  When the victim of an offense committed by a juvenile is a
 1601  minor, the Department of Juvenile Justice shall request
 1602  information to determine if the victim, or any sibling of the
 1603  victim, attends or is eligible to attend the same school as the
 1604  offender. However, if the offender is subject to a presentence
 1605  investigation by the Department of Corrections, the Department
 1606  of Corrections shall make such request. If the victim or any
 1607  sibling of the victim attends or is eligible to attend the same
 1608  school as that of the offender, the appropriate agency shall
 1609  notify the victim’s parent or legal guardian of the right to
 1610  attend the sentencing or disposition of the offender and request
 1611  that the offender be required to attend a different school.
 1612         (t) Use of a polygraph examination or other truth-telling
 1613  device with victim.A No law enforcement officer, prosecuting
 1614  attorney, or other government official may not shall ask or
 1615  require an adult, youth, or child victim of an alleged sexual
 1616  battery as defined in chapter 794 or other sexual offense to
 1617  submit to a polygraph examination or other truth-telling device
 1618  as a condition of proceeding with the investigation of such an
 1619  offense. The refusal of a victim to submit to such an
 1620  examination does shall not prevent the investigation, charging,
 1621  or prosecution of the offense.
 1622         (u) Presence of victim advocates during forensic medical
 1623  examination.—At the request of the victim or the victim’s
 1624  parent, guardian, or lawful representative, a victim advocate
 1625  from a certified rape crisis center shall be permitted to attend
 1626  any forensic medical examination.
 1627         Section 57. Subsection (3) of section 960.17, Florida
 1628  Statutes, is amended to read:
 1629         960.17 Award constitutes debt owed to state.—
 1630         (3) The Florida Parole Commission on Offender Review shall
 1631  make the payment of the debt to the state a condition of parole
 1632  under chapter 947, unless the commission finds reasons to the
 1633  contrary. If the commission does not order payment, or orders
 1634  only partial payment, it shall state on the record the reasons
 1635  therefor.
 1636         Section 58. Subsection (1) of section 985.04, Florida
 1637  Statutes, is amended to read:
 1638         985.04 Oaths; records; confidential information.—
 1639         (1) Except as provided in subsections (2), (3), (6), and
 1640  (7) and s. 943.053, all information obtained under this chapter
 1641  in the discharge of official duty by any judge, any employee of
 1642  the court, any authorized agent of the department, the Florida
 1643  Parole Commission on Offender Review, the Department of
 1644  Corrections, the juvenile justice circuit boards, any law
 1645  enforcement agent, or any licensed professional or licensed
 1646  community agency representative participating in the assessment
 1647  or treatment of a juvenile is confidential and may be disclosed
 1648  only to the authorized personnel of the court, the department
 1649  and its designees, the Department of Corrections, the Florida
 1650  Parole Commission on Offender Review, law enforcement agents,
 1651  school superintendents and their designees, any licensed
 1652  professional or licensed community agency representative
 1653  participating in the assessment or treatment of a juvenile, and
 1654  others entitled under this chapter to receive that information,
 1655  or upon order of the court. Within each county, the sheriff, the
 1656  chiefs of police, the district school superintendent, and the
 1657  department shall enter into an interagency agreement for the
 1658  purpose of sharing information about juvenile offenders among
 1659  all parties. The agreement must specify the conditions under
 1660  which summary criminal history information is to be made
 1661  available to appropriate school personnel, and the conditions
 1662  under which school records are to be made available to
 1663  appropriate department personnel. Such agreement shall require
 1664  notification to any classroom teacher of assignment to the
 1665  teacher’s classroom of a juvenile who has been placed in a
 1666  probation or commitment program for a felony offense. The
 1667  agencies entering into such agreement must comply with s.
 1668  943.0525, and must maintain the confidentiality of information
 1669  that is otherwise exempt from s. 119.07(1), as provided by law.
 1670         Section 59. Subsection (2) of section 985.045, Florida
 1671  Statutes, is amended to read:
 1672         985.045 Court records.—
 1673         (2) The clerk shall keep all official records required by
 1674  this section separate from other records of the circuit court,
 1675  except those records pertaining to motor vehicle violations,
 1676  which shall be forwarded to the Department of Highway Safety and
 1677  Motor Vehicles. Except as provided in ss. 943.053 and
 1678  985.04(6)(b) and (7), official records required by this chapter
 1679  are not open to inspection by the public, but may be inspected
 1680  only upon order of the court by persons deemed by the court to
 1681  have a proper interest therein, except that a child and the
 1682  parents, guardians, or legal custodians of the child and their
 1683  attorneys, law enforcement agencies, the Department of Juvenile
 1684  Justice and its designees, the Florida Parole Commission on
 1685  Offender Review, the Department of Corrections, and the Justice
 1686  Administrative Commission shall always have the right to inspect
 1687  and copy any official record pertaining to the child. Public
 1688  defender offices shall have access to official records of
 1689  juveniles on whose behalf they are expected to appear in
 1690  detention or other hearings before an appointment of
 1691  representation. The court may permit authorized representatives
 1692  of recognized organizations compiling statistics for proper
 1693  purposes to inspect, and make abstracts from, official records
 1694  under whatever conditions upon the use and disposition of such
 1695  records the court may deem proper and may punish by contempt
 1696  proceedings any violation of those conditions.
 1697         Section 60. This act shall take effect July 1, 2014.