Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1218
       
       
       
       
       
       
                                Ì504974EÎ504974                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2018           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 14.32,
    6  Florida Statutes, to read:
    7         14.32 Office of Chief Inspector General.—
    8         (6) The Florida Correctional Operations Oversight Council,
    9  a council as defined in s. 20.03, is created within the Office
   10  of Chief Inspector General. The council is created for the
   11  purpose of overseeing matters relating to the corrections and
   12  juvenile justice continuum with an emphasis on the safe and
   13  effective operations of major institutions and facilities under
   14  the purview of the Department of Corrections and the Department
   15  of Juvenile Justice. However, in instances in which the policies
   16  of other components of the criminal justice system affect
   17  corrections or the juvenile justice continuum, the council shall
   18  advise and make recommendations. The Office of Chief Inspector
   19  General shall provide administrative support to the council. The
   20  council is not subject to control, supervision, or direction by
   21  the Chief Inspector General in the performance of its duties,
   22  but is governed by the classification plan and salary and
   23  benefits plan approved by the Executive Office of the Governor.
   24         (a) The council is composed of the following members:
   25         1. Three members appointed by the Governor.
   26         2. Three members appointed by the President of the Senate.
   27         3. Three members appointed by the Speaker of the House of
   28  Representatives.
   29  
   30  The initial members of the council shall be appointed by January
   31  1, 2019. Members of the council shall be appointed for terms of
   32  4 years. However, to achieve staggered terms, one appointee of
   33  each of the appointing authorities shall be appointed for an
   34  initial 2-year term. Members must be appointed in a manner that
   35  ensures equitable representation of different geographic regions
   36  of the state, and members must be residents of this state.
   37  Members of the council must act on behalf of the state as a
   38  whole and may not subordinate the needs of the state to those of
   39  a particular region. The council’s membership should, to the
   40  greatest extent possible, include persons with a background in
   41  prison operations, county detention facility management, or the
   42  juvenile justice continuum of services.
   43         (b) The council’s primary duties and responsibilities
   44  include:
   45         1.Evaluating, investigating, and overseeing the daily
   46  operations of correctional and juvenile facilities.
   47         2. Conducting announced and unannounced inspections of
   48  correctional and juvenile facilities, including facilities
   49  operated by private contractors. Members of the council may
   50  enter any facility where prisoners, residents, or juveniles are
   51  kept. Members shall be immediately admitted to such places as
   52  they request and may consult and confer with any prisoner,
   53  resident, or juvenile privately with adequate security in place.
   54         3. Identifying and monitoring high-risk and problematic
   55  correctional or juvenile facilities, and reporting findings and
   56  recommendations relating to such facilities.
   57         4. Providing technical assistance when appropriate.
   58         5. Submitting an annual report to the Governor, the
   59  President of the Senate, and the Speaker of the House of
   60  Representatives by each November 1, beginning in 2019. The
   61  report must include statutory, budgetary, and operational
   62  recommendations to the Legislature which address problems
   63  identified by the council.
   64         6. Conducting confidential interviews with staff, officers,
   65  inmates, juveniles, volunteers, and public officials relating to
   66  the operations and conditions of correctional and juvenile
   67  facilities.
   68         7. Developing and implementing a monitoring tool that will
   69  be used to assess the performance of each correctional and
   70  juvenile facility.
   71         8. Conducting on-site visits to correctional and juvenile
   72  facilities on a regular basis.
   73         (c) The council may not interfere with the day-to-day
   74  operations of the Department of Corrections and the Department
   75  of Juvenile Justice, but shall conduct investigations and
   76  provide recommendations for improvement.
   77         (d) The council shall appoint an executive director who
   78  shall serve under the direction of the members of the council.
   79         (e) Members of the council shall serve without compensation
   80  but are entitled to receive reimbursement for per diem and
   81  travel expenses as provided in s. 112.061.
   82         (f) Members of the council or its staff may not have
   83  immediate family members working for the Department of
   84  Corrections, the Department of Juvenile Justice, or a private
   85  institution, facility, or provider under contract with either
   86  department. A member of the council may not have any direct or
   87  indirect interest in a contract, subcontract, franchise,
   88  privilege, or other benefit granted or awarded by either
   89  department while serving as a member of the council.
   90         Section 2. For the 2018-2019 fiscal year, the sums of
   91  $168,074 in recurring funds and $37,855 in nonrecurring funds
   92  are appropriated from the General Revenue Fund to the Executive
   93  Office of the Governor, and one full-time equivalent position
   94  with associated salary rate of 70,000 is authorized, for the
   95  purpose of administering the Florida Correctional Operations
   96  Oversight Council.
   97         Section 3. Subsection (5) of section 23.1225, Florida
   98  Statutes, is amended to read:
   99         23.1225 Mutual aid agreements.—
  100         (5) In the event of a disaster or emergency such that a
  101  state of emergency is declared by the Governor pursuant to
  102  chapter 252, a mutual aid agreement may be used to increase the
  103  presence of law enforcement to aid in traffic and crowd control,
  104  emergency response, and evacuation support. The requirement that
  105  a requested operational assistance agreement be a written
  106  agreement for rendering of assistance in a law enforcement
  107  emergency may be waived by the participating agencies for a
  108  period of up to 90 days from the declaration of the disaster.
  109         (a) When a law enforcement agency lends assistance pursuant
  110  to this subsection, all powers, privileges, and immunities
  111  listed in s. 23.127, except with regard to interstate mutual aid
  112  agreements, apply to the agency or entity, if the law
  113  enforcement employees rendering services are being requested and
  114  coordinated by the affected local law enforcement executive in
  115  charge of law enforcement operations.
  116         (b) A listing of such agencies or entities and the officers
  117  and employees of such agencies or entities rendering assistance
  118  pursuant to this subsection must be maintained by the agency or
  119  entity requesting such assistance and filed at the end of the
  120  90-day period with the Florida Department of Law Enforcement.
  121         Section 4. Subsection (4) is added to section 30.15,
  122  Florida Statutes, to read:
  123         30.15 Powers, duties, and obligations.—
  124         (4)(a) Sheriffs, in their respective counties, shall
  125  provide security for trial court facilities.Sheriffs shall
  126  coordinate with the chief judge of the judicial circuit where
  127  their county is located on all security matters for such
  128  facilities, but retain operational control over the manner in
  129  which security is provided.
  130         (b) Pursuant to s. 26.49, sheriffs and their deputies,
  131  employees, and contractors are officers of the court when
  132  providing security for trial court facilities under this
  133  subsection.
  134         (c) The chief judge of the judicial circuit shall have
  135  decisionmaking authority to ensure the protection of due process
  136  rights, including, but not limited to, the scheduling and
  137  conduct of trials and other judicial proceedings, as part of his
  138  or her responsibility for the administrative supervision of the
  139  trial courts pursuant to s. 43.26.
  140         Section 5. Subsection (1) of section 57.105, Florida
  141  Statutes, is amended to read:
  142         57.105 Attorney’s fee; sanctions for raising unsupported
  143  claims or defenses; exceptions; service of motions; damages for
  144  delay of litigation.—
  145         (1) Unless otherwise provided, upon the court’s initiative
  146  or motion of any party, the court shall award a reasonable
  147  attorney’s fee, including prejudgment interest, to be paid to
  148  the prevailing party in equal amounts by the losing party and
  149  the losing party’s attorney on any claim or defense at any time
  150  during a civil proceeding or action in which the court finds
  151  that the losing party or the losing party’s attorney knew or
  152  should have known that a claim or defense when initially
  153  presented to the court or at any time before trial:
  154         (a) Was not supported by the material facts necessary to
  155  establish the claim or defense; or
  156         (b) Would not be supported by the application of then
  157  existing law to those material facts.
  158         Section 6. Section 322.75, Florida Statutes, is created to
  159  read:
  160         322.75 Driver License Reinstatement Days.—
  161         (1)Each judicial circuit shall establish a Driver License
  162  Reinstatement Days program for reinstating suspended driver
  163  licenses. Participants shall include the Department of Highway
  164  Safety and Motor Vehicles, the state attorney’s office, the
  165  public defender’s office, the circuit and county courts, the
  166  clerk of court, and any interested community organization.
  167         (2)The clerk of court, in consultation with other
  168  participants, shall select one or more days for an event at
  169  which a person may have his or her driver license reinstated. A
  170  person must pay the full license reinstatement fee; however, the
  171  clerk may compromise or waive other fees and costs to facilitate
  172  reinstatement.
  173         (3)(a)A person is eligible for reinstatement under the
  174  program if his or her license was suspended due to:
  175         1.Driving without a valid driver license;
  176         2.Driving with a suspended driver license;
  177         3.Failing to make a payment on penalties in collection;
  178         4.Failing to appear in court for a traffic violation; or
  179         5.Failing to comply with provisions of chapter 318 or this
  180  chapter.
  181         (b)Notwithstanding paragraphs (4)(a) through (c), a person
  182  is eligible for reinstatement under the program if the period of
  183  suspension or revocation has elapsed, the person has completed
  184  any required course or program as described in paragraph (4)(c),
  185  and the person is otherwise eligible for reinstatement.
  186         (4)A person is not eligible for reinstatement under the
  187  program if his or her driver license is suspended or revoked:
  188         (a)Because the person failed to fulfill a court-ordered
  189  child support obligation;
  190         (b)For a violation of s. 316.193;
  191         (c)Because the person has not completed a driver training
  192  program, driver improvement course, or alcohol or substance
  193  abuse education or evaluation program required under ss.
  194  316.192, 316.193, 322.2616, 322.271, or 322.264;
  195         (d)For a traffic-related felony; or
  196         (e)Because the person is a habitual traffic offender under
  197  s. 322.264.
  198         (5)The clerk of court and the Department of Highway Safety
  199  and Motor Vehicles shall verify any information necessary for
  200  reinstatement of a driver license under the program.
  201         Section 7. Paragraph (f) is added to subsection (2) of
  202  section 784.046, Florida Statutes, to read:
  203         784.046 Action by victim of repeat violence, sexual
  204  violence, or dating violence for protective injunction; dating
  205  violence investigations, notice to victims, and reporting;
  206  pretrial release violations; public records exemption.—
  207         (2) There is created a cause of action for an injunction
  208  for protection in cases of repeat violence, there is created a
  209  separate cause of action for an injunction for protection in
  210  cases of dating violence, and there is created a separate cause
  211  of action for an injunction for protection in cases of sexual
  212  violence.
  213         (f)Notwithstanding any other law, attorney fees may not be
  214  awarded in any proceeding under this section.
  215         Section 8. Paragraph (d) is added to subsection (2) of
  216  section 784.0485, Florida Statutes, to read:
  217         	784.0485 Stalking; injunction; powers and duties of
  218  court and clerk; petition; notice and hearing; temporary
  219  injunction; issuance of injunction; statewide verification
  220  system; enforcement.—
  221         	(2)
  222         	(d)Notwithstanding any other law, attorney fees may
  223  not be awarded in any proceeding under this section.
  224         Section 9. Present subsections (6) and (7) of section
  225  893.135, Florida Statutes, are redesignated as subsections (7)
  226  and (8), respectively, and a new subsection (6) is added to that
  227  section, to read:
  228         893.135 Trafficking; mandatory sentences; suspension or
  229  reduction of sentences; conspiracy to engage in trafficking.—
  230         (6) Notwithstanding any provision of this section, a court
  231  may impose a sentence for a violation of this section other than
  232  the mandatory minimum term of imprisonment and mandatory fine if
  233  the court finds on the record that all of the following
  234  circumstances exist:
  235         (a) The person did not engage in a continuing criminal
  236  enterprise as defined in s. 893.20(1).
  237         (b)The person did not use or threaten violence or use a
  238  weapon during the commission of the crime.
  239         (c)The person did not cause a death or serious bodily
  240  injury.
  241         Section 10. Section 900.05, Florida Statutes, is created to
  242  read:
  243         900.05Criminal justice data collection.—It is the intent
  244  of the Legislature to create a model of uniform criminal justice
  245  data collection by requiring local and state criminal justice
  246  agencies to report complete, accurate, and timely data, and to
  247  make such data available to the public.
  248         (1)DEFINITIONS.—As used in this section, the term:
  249         (a)“Annual felony caseload” means the yearly caseload of
  250  each full-time state attorney and assistant state attorney or
  251  public defender and assistant public defender for cases assigned
  252  to the circuit criminal division, based on the number of felony
  253  cases reported to the Supreme Court under s. 25.075. The term
  254  does not include the appellate caseload of a public defender or
  255  assistant public defender. Cases reported pursuant to this term
  256  must be associated with a case number and each case number must
  257  only be reported once regardless of the number of attorney
  258  assignments that occur during the course of litigation.
  259         (b)“Annual misdemeanor caseload” means the yearly caseload
  260  of each full-time state attorney and assistant state attorney or
  261  public defender and assistant public defender for cases assigned
  262  to the county criminal division, based on the number of
  263  misdemeanor cases reported to the Supreme Court under s. 25.075.
  264  The term does not include the appellate caseload of a public
  265  defender or assistant public defender. Cases reported pursuant
  266  to this term must be associated with a case number and each case
  267  number must only be reported once regardless of the number of
  268  attorney assignments that occur during the course of litigation.
  269         (c)“Attorney assignment date” means the date a court
  270  appointed attorney is assigned to the case or, if privately
  271  retained, the date an attorney files a notice of appearance with
  272  the clerk of court.
  273         (d)“Attorney withdrawal date” means the date the court
  274  removes court-appointed counsel from a case or, for a privately
  275  retained attorney, the date a motion to withdraw is granted by
  276  the court.
  277         (e)“Case number” means the identification number assigned
  278  by the clerk of court to a criminal case.
  279         (f)“Case status” means whether a case is open, inactive,
  280  closed, or reopened due to a violation of probation or community
  281  control.
  282         (g)“Charge description” means the statement of the conduct
  283  that is alleged to have been violated, the associated statutory
  284  section establishing such conduct as criminal, and the
  285  misdemeanor or felony classification that is provided for in the
  286  statutory section alleged to have been violated.
  287         (h)“Charge modifier” means an aggravating circumstance of
  288  an alleged crime that enhances or reclassifies a charge to a
  289  more serious misdemeanor or felony offense level.
  290         (i)“Concurrent or consecutive sentence flag” means an
  291  indication that a defendant is serving another sentence
  292  concurrently or consecutively in addition to the sentence for
  293  which data is being reported.
  294         (j)“Daily number of correctional officers” means the
  295  number of full-time, part-time, and auxiliary correctional
  296  officers who are actively providing supervision, protection,
  297  care, custody, and control of inmates in a county detention
  298  facility or state correctional institution or facility each day.
  299         (k)“Deferred prosecution or pretrial diversion agreement
  300  date” means the date a contract is signed by the parties
  301  regarding a defendant’s admission into a deferred prosecution or
  302  pretrial diversion program.
  303         (l) "Deferred prosecution or pretrial diversion hearing
  304  date" means each date that a hearing, including a status
  305  hearing, is held on a case that is in a deferred prosecution or
  306  pretrial diversion program, if applicable.
  307         (m)“Disciplinary violation and action” means any conduct
  308  performed by an inmate in violation of the rules of a county
  309  detention facility or state correctional institution or facility
  310  that results in the initiation of disciplinary proceedings by
  311  the custodial entity and the consequences of such disciplinary
  312  proceedings.
  313         (n)“Disposition date” means the date of final judgment,
  314  adjudication, adjudication withheld, dismissal, or nolle
  315  prosequi for the case and if different dates apply, the
  316  disposition dates of each charge.
  317         (o)“Domestic violence flag” means an indication that a
  318  charge involves domestic violence as defined in s. 741.28.
  319         (p)“Gang affiliation flag” means an indication that a
  320  defendant is involved in or associated with a criminal gang as
  321  defined in s. 874.03.
  322         (q)Gain-time credit earned” means a credit of time
  323  awarded to an inmate in a county detention facility in
  324  accordance with s. 951.22 or a state correctional institution or
  325  facility in accordance with s. 944.275.
  326         (r)“Habitual offender flag” means an indication that a
  327  defendant is a habitual felony offender as defined in s. 775.084
  328  or a habitual misdemeanor offender as defined in s. 775.0837.
  329         (s)“Judicial transfer date” means a date on which a
  330  defendant’s case is transferred to another court or presiding
  331  judge.
  332         (t)“Number of contract attorneys representing indigent
  333  defendants for the office of the public defender” means the
  334  number of attorneys hired on a temporary basis, by contract, to
  335  represent indigent clients who were appointed a public defender.
  336         (u)“Pretrial release violation flag” means an indication
  337  that the defendant has violated the terms of his or her pretrial
  338  release.
  339         (v)“Prior incarceration within the state” means any prior
  340  history of a defendant being incarcerated in a county detention
  341  facility or state correctional institution or facility.
  342         (w)Tentative release date” means the anticipated date
  343  that an inmate will be released from incarceration after the
  344  application of adjustments for any gain-time earned or credit
  345  for time served.
  346         (x)“Sexual offender flag” means an indication that a
  347  defendant required to register as a sexual predator as defined
  348  in s. 775.21 or as a sexual offender as defined in s. 943.0435.
  349         (2)DATA COLLECTION AND REPORTING.—Beginning January 1,
  350  2019, an entity required to collect data in accordance with this
  351  subsection shall collect the specified data required of the
  352  entity on a monthly basis. Each entity shall report the data
  353  collected in accordance with this subsection to the Department
  354  of Law Enforcement on a quarterly basis.
  355         (a)Clerk of the Court.—Each clerk of court shall collect
  356  the following data for each criminal case:
  357         1.Case number.
  358         2.Date that the alleged offense occurred.
  359         3.County in which the offense is alleged to have occurred.
  360         4.Date the defendant is taken into physical custody by a
  361  law enforcement agency or is issued a notice to appear on a
  362  criminal charge, if such date is different from the date the
  363  offense is alleged to have occurred.
  364         5.Date that the criminal prosecution of a defendant is
  365  formally initiated through the filing, with the clerk of the
  366  court, of an information by the state attorney or an indictment
  367  issued by a grand jury.
  368         6.Arraignment date.
  369         7.Attorney assignment date.
  370         8.Attorney withdrawal date.
  371         9.Case status.
  372         10.Disposition date.
  373         11.Information related to each defendant, including:
  374         a.Identifying information, including name, date of birth,
  375  age, race or ethnicity, and gender.
  376         b.Zip code of primary residence.
  377         c.Primary language.
  378         d. Citizenship.
  379         e.Immigration status, if applicable.
  380         f.Whether the defendant has been found by a court to be
  381  indigent pursuant to s. 27.52.
  382         12.Information related to the formal charges filed against
  383  the defendant, including:
  384         a.Charge description.
  385         b.Charge modifier, if applicable.
  386         c.Drug type for each drug charge, if known.
  387         d.Qualification for a flag designation as defined in this
  388  section, including a domestic violence flag, gang affiliation
  389  flag, sexual offender flag, habitual offender flag, or pretrial
  390  release violation flag.
  391         13.Information related to bail or bond and pretrial
  392  release determinations, including the dates of any such
  393  determinations:
  394         a.Pretrial release determination made at a first
  395  appearance hearing that occurs within 24 hours of arrest,
  396  including all monetary and nonmonetary conditions of release.
  397         b. Modification of bail or bond conditions made by a court
  398  having jurisdiction to try the defendant or, in the absence of
  399  the judge of the trial court, by the circuit court, including
  400  modifications to any monetary and nonmonetary conditions of
  401  release.
  402         c.Cash bail or bond payment, including whether the
  403  defendant utilized a bond agent to post a surety bond.
  404         d.Date defendant is released on bail, bond, or pretrial
  405  release.
  406         e.Bail or bond revocation due to a new offense, a failure
  407  to appear, or a violation of the terms of bail or bond, if
  408  applicable.
  409         14.Information related to court dates and dates of motions
  410  and appearances, including:
  411         a.Date of any court appearance and the type of proceeding
  412  scheduled for each date reported.
  413         b.Date of any failure to appear in court, if applicable.
  414         c.Judicial transfer date, if applicable.
  415         d.Trial date.
  416         e.Date that a defendant files a notice to participate in
  417  discovery.
  418         f.Speedy trial motion and hearing dates, if applicable.
  419         g.Dismissal motion and hearing dates, if applicable.
  420         15.Whether the attorney representing the defendant is
  421  court-appointed to or privately retained by a defendant, or
  422  whether the defendant is represented pro se.
  423         16.Information related to sentencing, including:
  424         a.Date that a court enters a sentence against a defendant.
  425         b.Sentence type and length imposed by the court,
  426  including, but not limited to, the total duration of
  427  imprisonment in a county detention facility or state
  428  correctional institution or facility, and conditions probation
  429  or community control supervision.
  430         c.Amount of time served in custody by the defendant
  431  related to the reported criminal case that is credited at the
  432  time of disposition of the case to reduce the actual length of
  433  time the defendant will serve on the term of imprisonment that
  434  is ordered by the court at disposition.
  435         d.Total amount of court fees imposed by the court at the
  436  disposition of the case.
  437         e. Outstanding balance of the defendant's court fees
  438  imposed by the court at disposition of the case.
  439         f.Total amount of fines imposed by the court at the
  440  disposition of the case.
  441         g. Outstanding balance of the defendant's fines imposed by
  442  the court at disposition of the case.
  443         h.Restitution amount ordered, including the amount
  444  collected by the court and the amount paid to the victim, if
  445  applicable.
  446         i. Digitized sentencing scoresheet prepared in accordance
  447  with s. 921.0024.
  448         17.The number of judges or magistrates, or their
  449  equivalents, hearing cases in circuit or county criminal
  450  divisions of the circuit court. Judges or magistrates, or their
  451  equivalents, who solely hear appellate cases from the county
  452  criminal division are not to be reported under this
  453  subparagraph.
  454         (b)State attorney.—Each state attorney shall collect the
  455  following data:
  456         1.Information related to a human victim of a criminal
  457  offense, including:
  458         a.Identifying information of the victim, including race or
  459  ethnicity, gender, and age.
  460         b.Relationship to the offender, if any.
  461         2.Number of full-time prosecutors.
  462         3.Number of part-time prosecutors.
  463         4.Annual felony caseload.
  464         5.Annual misdemeanor caseload.
  465         6.Any charge referred to the state attorney by a law
  466  enforcement agency related to an episode of criminal activity.
  467         7.Number of cases in which a no-information was filed.
  468         8. Information related to each defendant, including:
  469         a.Each charge referred to the state attorney by a law
  470  enforcement agency related to an episode of criminal activity.
  471         b.Drug type for each drug charge, if applicable.
  472         c. Deferred prosecution or pretrial diversion agreement
  473  date, if applicable.
  474         d. Deferred prosecution or pretrial diversion hearing date,
  475  if applicable.
  476         (c)Public defender.—Each public defender shall collect the
  477  following data for each criminal case:
  478         1.Number of full-time public defenders.
  479         2.Number of part-time public defenders.
  480         3.Number of contract attorneys representing indigent
  481  defendants for the office of the public defender.
  482         4.Annual felony caseload.
  483         5.Annual misdemeanor caseload.
  484         (d)County detention facility.—The administrator of each
  485  county detention facility shall collect the following data:
  486         1.Maximum capacity for the county detention facility.
  487         2.Weekly admissions to the county detention facility for a
  488  revocation of probation or community control.
  489         3.Daily population of the county detention facility,
  490  including the specific number of inmates in the custody of the
  491  county that:
  492         a.Are awaiting case disposition.
  493         b.Have been sentenced by a court to a term of imprisonment
  494  in the county detention facility.
  495         c. Have been sentenced by a court to a term of imprisonment
  496  with the Department of Corrections and who are awaiting
  497  transportation to the department.
  498         d.Have a federal detainer or are awaiting disposition of a
  499  case in federal court.
  500         4.Information related to each inmate, including:
  501         a. Date a defendant is processed into the county detention
  502  facility subsequent to an arrest for a new violation of law or
  503  for a violation of probation or community control.
  504         b. Qualification for a flag designation as defined in this
  505  section, including domestic violence flag, gang affiliation
  506  flag, habitual offender flag, pretrial release violation flag,
  507  or sexual offender flag.
  508         5. Total population of the county detention facility at
  509  year-end. This data must include the same specified
  510  classifications as subparagraph 3.
  511         6.Per diem rate for a county detention facility bed.
  512         7.Daily number of correctional officers for the county
  513  detention facility.
  514         8.Annual county detention facility budget. This
  515  information only needs to be reported once annually at the
  516  beginning of the county's fiscal year.
  517         9.Revenue generated for the county from the temporary
  518  incarceration of federal defendants or inmates.
  519         (e)Department of Corrections.—The Department of
  520  Corrections shall collect the following data:
  521         1.Information related to each inmate, including:
  522         a.Identifying information, including name, date of birth,
  523  race or ethnicity, and identification number assigned by the
  524  department.
  525         b.Number of children.
  526         c.Education level, including any vocational training.
  527         d.Date the inmate was admitted to the custody of the
  528  department.
  529         e.Current institution placement and the security level
  530  assigned to the institution.
  531         f. Custody level assignment.
  532         g. Qualification for a flag designation as defined in this
  533  section, including sexual offender flag, habitual offender flag,
  534  gang affiliation flag, or concurrent or consecutive sentence
  535  flag.
  536         h. County that committed the prisoner to the custody of the
  537  department.
  538         i.Whether the reason for admission to the department is
  539  for a new conviction or a violation of probation, community
  540  control, or parole. For an admission for a probation, community
  541  control, or parole violation, the department shall report
  542  whether the violation was technical or based on a new violation
  543  of law.
  544         j.Specific statutory citation for which the inmate was
  545  committed to the department, including, for an inmate convicted
  546  of drug trafficking under s. 893.135, the statutory citation for
  547  each specific drug trafficked.
  548         k.Length of sentence or concurrent or consecutive
  549  sentences served.
  550         l.Tentative release date.
  551         m.Gain time earned in accordance with s. 944.275.
  552         n.Prior incarceration within the state.
  553         o.Disciplinary violation and action.
  554         p.Participation in rehabilitative or educational programs
  555  while in the custody of the department.
  556         2.Information about each state correctional institution or
  557  facility, including:
  558         a.Budget for each state correctional institution or
  559  facility.
  560         b.Daily prison population of all inmates incarcerated in a
  561  state correctional institution or facility.
  562         c.Daily number of correctional officers for each state
  563  correctional institution or facility.
  564         3.Information related to persons supervised by the
  565  department on probation or community control, including:
  566         a. Identifying information for each person supervised by
  567  the department on probation or community control, including his
  568  or her name, date of birth, race or ethnicity, sex, and
  569  department-assigned case number.
  570         b.Length of probation or community control sentence
  571  imposed and amount of time that has been served on such
  572  sentence.
  573         c.Projected termination date for probation or community
  574  control.
  575         d.Revocation of probation or community control due to a
  576  violation, including whether the revocation is due to a
  577  technical violation of the conditions of supervision or from the
  578  commission of a new law violation.
  579         4.Per diem rates for:
  580         a. Prison bed.
  581         b. Probation.
  582         c. Community control.
  583  
  584  This information only needs to be reported once annually at the
  585  time the most recent per diem rate is published.
  586         (3)DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the
  587  Department of Law Enforcement shall publish datasets in its
  588  possession in a modern, open, electronic format that is machine
  589  readable and readily accessible by the public on the
  590  department’s website. The published data must be searchable, at
  591  a minimum, by each data element, county, circuit, and unique
  592  identifier. Beginning March 1, 2019, the department shall begin
  593  publishing the data received under subsection (2) in the same
  594  modern, open, electronic format that is machine-readable and
  595  readily accessible to the public on the department’s website.
  596  The department shall publish all data received under subsection
  597  (2) no later than July 1, 2019.
  598         Section 11. A pilot project is established in the Sixth
  599  Judicial Circuit for the purpose of improving criminal justice
  600  data transparency and ensuring that data submitted under s.
  601  900.05, Florida Statutes, is accurate, valid, reliable, and
  602  structured. The clerk of court, the state attorney, the public
  603  defender, or a sheriff in the circuit may enter into a
  604  memorandum of understanding with a national, nonpartisan, not
  605  for-profit entity which provides data and measurement for
  606  county-level criminal justice systems to establish the duties
  607  and responsibilities of a data fellow, completely funded by the
  608  entity, to be embedded with the office or agency. The data
  609  fellow shall assist with data extraction, validation, and
  610  quality and shall publish such data consistent with the terms of
  611  the memorandum. The data fellow shall assist the office or
  612  agency in compiling and reporting data pursuant to s. 900.05,
  613  Florida Statutes, in compliance with rules established by the
  614  Department of Law Enforcement. The pilot project shall expire as
  615  provided in the memorandum.
  616         Section 12. For the 2018-2019 fiscal year, nine full-time
  617  equivalent positions with associated salary rate of 476,163 are
  618  authorized and the recurring sum of $665,884 and the
  619  nonrecurring sum of $1,084,116 is appropriated from the General
  620  Revenue Fund to the Department of Law Enforcement for the
  621  purposes of implementing ss. 900.05(3) and 943.687, Florida
  622  Statutes, transitioning to incident-based crime reporting, and
  623  collecting and submitting crime statistics that meet the
  624  requirements of the Federal Bureau of Investigation under the
  625  National Incident-Based Reporting System.
  626         Section 13. Section 907.042, Florida Statutes, is created
  627  to read:
  628         907.042Supervised bond program.—
  629         (1)LEGISLATIVE FINDINGS.—The Legislature finds that there
  630  is a need to use evidence-based methods to identify defendants
  631  that can successfully comply with specified pretrial release
  632  conditions. The Legislature finds that the use of actuarial
  633  instruments that evaluate criminogenic based needs and classify
  634  defendants according to levels of risk provides a more
  635  consistent and accurate assessment of a defendant’s risk of
  636  noncompliance while on pretrial release pending trial. The
  637  Legislature also finds that both the community and a defendant
  638  are better served when a defendant, who poses a low risk to
  639  society, is provided the opportunity to fulfill employment and
  640  familial responsibilities in the community under a structured
  641  pretrial release plan that ensures the best chance of remaining
  642  compliant with all pretrial conditions rather than remaining in
  643  custody. The Legislature finds that there is a benefit to
  644  establishing a supervised bond program in each county for the
  645  purpose of providing pretrial release to certain defendants who
  646  may not otherwise be eligible for pretrial release on
  647  unsupervised nonmonetary conditions and who do not have the
  648  ability to satisfy the bond imposed by the court. The
  649  Legislature finds that the creation of such a program will
  650  reduce the likelihood of defendants remaining unnecessarily in
  651  custody pending trial.
  652         (2)CREATION.—A supervised bond program may be established
  653  in each county with the terms of each program to be developed
  654  with concurrence of the chief judge of the circuit, the county’s
  655  chief correctional officer, the state attorney, and the public
  656  defender. A county that has already established and implemented
  657  a supervised bond program whose program and risk assessment
  658  instrument is in compliance with subsections (3) and (4) may
  659  continue to operate without such concurrence.
  660         (3) PROGRAM REQUIREMENTS.—A supervised bond program, at a
  661  minimum, shall:
  662         (a) Require the county’s chief correctional officer to
  663  administer the supervised bond program.
  664         (b) Provide that a risk assessment instrument may be
  665  utilized to determine eligible defendants and determine an
  666  appropriate level of supervision for each defendant upon
  667  release.
  668         (c) Require the county’s chief correctional officer, or his
  669  or her designee, to administer the risk assessment instrument to
  670  a potential defendant if a county elects to utilize a risk
  671  assessment instrument for its supervised bond program.
  672         (d) Provide that the findings of a risk assessment
  673  instrument may be used to create an individualized supervision
  674  plan for each eligible defendant that is tailored to the
  675  defendant’s risk level and supervision needs.
  676         (e) Require the appropriate court to make a final
  677  determination regarding whether a defendant will be placed into
  678  the supervised bond program and, if the court makes such a
  679  determination, the court must also:
  680         1. Determine the conditions of the individualized
  681  supervision plan for which the defendant must comply as a part
  682  of the supervised bond program, including, but not limited to,
  683  the requirement that the defendant:
  684         a. Be placed on active electronic monitoring or active
  685  continuous alcohol monitoring, or both, dependent upon the level
  686  of risk indicated by the risk assessment instrument;
  687         b. Communicate weekly, via telephone or in person contact
  688  as determined by the court, with the office of the county’s
  689  chief correctional officer; and
  690         2. Review the bond of a defendant who is being accepted
  691  into the supervised bond program to determine if a reduction of
  692  the court-ordered bond, up to its entirety, is appropriate.
  693         (f) Establish procedures for reassessing or terminating
  694  defendants from the supervised bond program who do not comply
  695  with the terms of the individualized supervision plan imposed
  696  through the program.
  697         (4) RISK ASSESSMENT INSTRUMENT.—
  698         (a) Each county that establishes a supervised bond program
  699  may utilize a risk assessment instrument that conducts a
  700  criminogenic assessment for use in evaluating the proper level
  701  of supervision appropriate to ensure compliance with pretrial
  702  conditions and safety to the community. The risk assessment
  703  instrument must consider, but need not be limited to, the
  704  following criteria:
  705         1. The nature and circumstances of the offense the
  706  defendant is alleged to have committed.
  707         2. The nature and extent of the defendant’s prior criminal
  708  history, if any.
  709         3. Any prior history of the defendant failing to appear in
  710  court.
  711         4.The defendant’s employment history, employability
  712  skills, and employment interests.
  713         5. The defendant’s educational, vocational, and technical
  714  training.
  715         6. The defendant’s background, including his or her family,
  716  home, and community environment.
  717         7. The defendant’s physical and mental health history,
  718  including any substance use.
  719         8. An evaluation of the defendant’s criminal thinking,
  720  criminal associates, and social awareness.
  721         (b)A county may contract with the Department of
  722  Corrections to develop a risk assessment instrument or modify an
  723  instrument that has already been developed by the department,
  724  provided the instrument contains the criteria enumerated in
  725  paragraph (a). If a county elects to utilize a risk assessment
  726  instrument developed or modified by the department in accordance
  727  with this paragraph, the county’s chief correctional officer
  728  shall enter into a contract with the department for such use.
  729         (c)Each county may create its own risk assessment
  730  instrument for the purpose of operating a supervised bond
  731  program or may utilize a risk assessment instrument that has
  732  previously been developed for a similar purpose as provided for
  733  in this section. Additionally, a county may utilize a risk
  734  assessment instrument that has been developed by another county
  735  for a similar purpose as provided for in this section. To
  736  utilize a risk assessment instrument developed by a county in
  737  accordance with this paragraph, the risk assessment instrument
  738  must be validated by the Department of Corrections and contain
  739  the criteria enumerated in paragraph (a). If a county elects to
  740  utilize a risk assessment instrument developed or modified by
  741  another county in accordance with this paragraph, the counties’
  742  chief correctional officers shall enter into a contract for such
  743  use.
  744         (d) A county may contract with an independent entity to
  745  utilize a risk assessment instrument that has previously been
  746  developed for a similar purpose as provided for in this section.
  747  To utilize a risk assessment instrument developed by an
  748  independent entity in accordance with this paragraph, the risk
  749  assessment instrument must be validated by the Department of
  750  Corrections and contain the criteria enumerated in paragraph
  751  (a). If a county elects to utilize a risk assessment instrument
  752  developed or modified by an independent entity in accordance
  753  with this paragraph, the county’s chief correctional officer
  754  shall enter into a contract with the independent entity for such
  755  use.
  756         (e) A county that elects to utilize a risk assessment
  757  instrument in its supervised bond program may begin to implement
  758  the program immediately upon securing a contract for the
  759  utilization of or the completion of development or modification,
  760  and if applicable, validation of, a risk assessment instrument.
  761  A county that intends to utilize a risk assessment instrument it
  762  has already developed or modified may implement a supervised
  763  bond program immediately upon validation of the risk assessment
  764  instrument. A county that has already implemented a supervised
  765  bond program may continue to operate such program while the risk
  766  assessment instrument it utilizes is being validated.
  767  Implementation must include training of all county staff that
  768  will administer the risk assessment instrument.
  769         (5) REPORTING.—Each county that establishes a supervised
  770  bond program pursuant to this section, or has an existing
  771  supervised bond program that operates in compliance with this
  772  section, shall provide an annual report to the Office of Program
  773  Policy Analysis and Government Accountability that details the
  774  results of the administration of the risk assessment instrument,
  775  programming used for defendants who received the assessment and
  776  were accepted into the supervised bond program, the success rate
  777  of such program, and savings realized by the county as a result
  778  of such defendants being released from custody pending trial.
  779  The annual report from the county must be submitted to OPPAGA by
  780  October 1 each year. OPPAGA shall compile the results of the
  781  counties reports for inclusion in an independent section of its
  782  annual report developed and submitted to the Governor, the
  783  President of the Senate, and the Speaker of the House of
  784  Representatives in accordance with s. 907.044.
  785         Section 14. Section 907.0421, Florida Statutes, is created
  786  to read:
  787         907.0421 Risk Assessment Pilot Program.—
  788         (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
  789  is a need to use evidence-based methods to reduce recidivism.
  790  The Legislature finds that the use of actuarial instruments that
  791  classify offenders according to levels of risk to reoffend
  792  provides a more consistent and accurate assessment of an
  793  offender’s risk and needs. The Legislature also finds that
  794  research indicates that using accurate risk and needs assessment
  795  instruments to identify appropriate interventions and
  796  programming for offenders reduces recidivism.
  797         (2) RISK ASSESSMENT INSTRUMENT.—
  798         (a)The Department of Corrections shall develop a risk
  799  assessment instrument that conducts a criminogenic assessment
  800  for use in evaluating the proper placement and programming needs
  801  for a person who is arrested. The risk assessment instrument
  802  must consider, but need not be limited to, the following
  803  criteria:
  804         1. The nature and circumstances of the offense the person
  805  committed.
  806         2. The nature and extent of the person’s prior criminal
  807  history, if any.
  808         3. Any prior history of the person failing to appear in
  809  court.
  810         4.The person’s employment history, employability skills,
  811  and employment interests.
  812         5. The person’s educational, vocational, and technical
  813  training.
  814         6. The person’s background, including his or her family,
  815  home, and community environment.
  816         7. The person’s physical and mental health history,
  817  including any substance use.
  818         8. An evaluation of the person’s criminal thinking,
  819  criminal associates, and social awareness.
  820         (b)The Department of Corrections may use or modify an
  821  existing risk assessment instrument, if the instrument contains
  822  the criteria enumerated in paragraph (a).
  823         (c) The Department of Corrections shall complete the
  824  development or modification of a risk assessment instrument no
  825  later than March 1, 2019. The department may begin to implement
  826  the risk assessment instrument immediately upon completion.
  827  Implementation, including training all staff that will
  828  administer the risk assessment instrument, must be completed by
  829  June 30, 2019.
  830         (d) A representative of the county’s chief correctional
  831  officer shall administer the risk assessment instrument as early
  832  as reasonably possible after a person’s arrest, but no later
  833  than 10 business days after the arrest. If a person is released
  834  from jail pursuant to chapter 903 before the administration of
  835  the risk assessment instrument, the chief correctional officer,
  836  or his or her representative, must schedule and provide written
  837  notification of a date and time for the person to return to the
  838  jail for the administration of the risk assessment instrument.
  839  The date and time must be provided in writing upon the person’s
  840  pretrial release. The risk assessment instrument may be
  841  conducted by video teleconference.
  842         (e) A risk assessment instrument report must be made
  843  available to the person to whom the instrument is administered,
  844  his or her legal counsel, and the state attorney upon completion
  845  of the report. The Department of Corrections shall submit to the
  846  court the risk assessment instrument report, but the court may
  847  not review it without the consent of the person who is the
  848  subject of the report and his or her legal counsel.
  849         (3)CREATION.—Contingent upon appropriations and a contract
  850  with each participating county, it is the intent of the
  851  Legislature to establish a 3-year Risk Assessment Pilot Program
  852  to perform a risk assessment evaluation on all persons arrested
  853  for a felony in participating counties.
  854         (4) PARTICIPATING COUNTIES.—Participation in the pilot
  855  program is limited to Hillsborough, Pasco, and Pinellas
  856  Counties. Each participating county’s chief correctional officer
  857  shall enter into a 3-year contract with the Department of
  858  Corrections for the ability to utilize the risk assessment
  859  instrument that is developed in accordance with this section.
  860         (5) PILOT PROGRAM REQUIREMENTS.—
  861         (a) The participating counties shall administer the risk
  862  assessment instrument to all persons arrested for a felony and
  863  utilize the results of such risk assessment instrument as a tool
  864  for determining appropriate programming and sentencing with the
  865  goal of reducing recidivism.
  866         (b) Each county participating in the pilot program shall
  867  provide an annual report to the Department of Corrections by
  868  July 1 of each year of the pilot program which details the
  869  results of the administration of the risk assessment instrument,
  870  programming used for persons who received the assessment, and
  871  the success rate of such programming. The department shall
  872  compile the county reports and submit one annual report to the
  873  Governor, the President of the Senate, and the Speaker of the
  874  House of Representatives by October 1 of each year of the pilot
  875  program.
  876         (6)RULEMAKING.—The Department of Corrections, in
  877  consultation with a participating county’s chief correctional
  878  officer, chief judge, state attorney, and public defender, may
  879  adopt rules to administer this section.
  880         Section 15. Paragraph (b) of subsection (4) of section
  881  907.043, Florida Statutes, is amended to read:
  882         907.043 Pretrial release; citizens’ right to know.—
  883         (4)
  884         (b) The annual report must contain, but need not be limited
  885  to:
  886         1. The name, location, and funding sources of the pretrial
  887  release program, including the amount of public funds, if any,
  888  received by the pretrial release program.
  889         2. The operating and capital budget of each pretrial
  890  release program receiving public funds.
  891         3.a. The percentage of the pretrial release program’s total
  892  budget representing receipt of public funds.
  893         b. The percentage of the total budget which is allocated to
  894  assisting defendants obtain release through a nonpublicly funded
  895  program.
  896         c. The amount of fees paid by defendants to the pretrial
  897  release program.
  898         4. The number of persons employed by the pretrial release
  899  program.
  900         5. The number of defendants assessed and interviewed for
  901  pretrial release.
  902         6. The number of defendants recommended for pretrial
  903  release.
  904         7. The number of defendants for whom the pretrial release
  905  program recommended against nonsecured release.
  906         8. The number of defendants granted nonsecured release
  907  after the pretrial release program recommended nonsecured
  908  release.
  909         9. The number of defendants assessed and interviewed for
  910  pretrial release who were declared indigent by the court.
  911         10.The number of defendants accepted into a pretrial
  912  release program who paid a surety or cash bail or bond.
  913         11.The number of defendants for whom a risk assessment
  914  tool was used in determining whether the defendant should be
  915  released pending the disposition of the case and the number of
  916  defendants for whom a risk assessment tool was not used.
  917         12.The specific statutory citation for each criminal
  918  charge related to a defendant whose case is accepted into a
  919  pretrial release program, including, at a minimum, the number of
  920  defendants charged with dangerous crimes as defined in s.
  921  907.041; nonviolent felonies; or misdemeanors only. A
  922  "nonviolent felony" for purposes of this subparagraph excludes
  923  the commission of, an attempt to commit, or a conspiracy to
  924  commit any of the following:
  925         a.An offense enumerated in s. 775.084(1)(c);
  926         b.An offense that requires a person to register as a
  927  sexual predator in accordance with s. 775.21 or as a sexual
  928  offender in accordance with s. 943.0435
  929         c. Failure to register as a sexual predator in violation of
  930  s. 775.21 or as a sexual offender in violation of s. 943.0435;
  931         d. Facilitating or furthering terrorism in violation of s.
  932  775.31;
  933         e. A forcible felony as described in s. 776.08;
  934         f. False imprisonment in violation of s. 787.02;
  935         g.Burglary of a dwelling or residence in violation of s.
  936  810.02(3).
  937         h. Abuse, aggravated abuse, and neglect of an elderly
  938  person or disabled adult in violation of s. 825.102;
  939         i. Abuse, aggravated abuse, and neglect of a child in
  940  violation of s. 827.03;
  941         j. Poisoning of food or water in violation of s. 859.01;
  942         k. Abuse of a dead human body in violation of s. 872.06;
  943         l. A capital offense in violation of chapter 893;
  944         m. An offense that results in serious bodily injury or
  945  death to another human; or
  946         n. A felony offense in which the defendant used a weapon or
  947  firearm in the commission of the offense.
  948         13.The number of defendants accepted into a pretrial
  949  release program with no prior criminal conviction.
  950         14.10. The name and case number of each person granted
  951  nonsecured release who:
  952         a. Failed to attend a scheduled court appearance.
  953         b. Was issued a warrant for failing to appear.
  954         c. Was arrested for any offense while on release through
  955  the pretrial release program.
  956         15.11. Any additional information deemed necessary by the
  957  governing body to assess the performance and cost efficiency of
  958  the pretrial release program.
  959         Section 16. Subsections (3) through (7) of section
  960  921.0024, Florida Statutes, are amended to read:
  961         921.0024 Criminal Punishment Code; worksheet computations;
  962  scoresheets.—
  963         (3) A single digitized scoresheet shall be prepared for
  964  each defendant to determine the permissible range for the
  965  sentence that the court may impose, except that if the defendant
  966  is before the court for sentencing for more than one felony and
  967  the felonies were committed under more than one version or
  968  revision of the guidelines or the code, separate digitized
  969  scoresheets must be prepared. The scoresheet or scoresheets must
  970  cover all the defendant’s offenses pending before the court for
  971  sentencing. The state attorney shall prepare the digitized
  972  scoresheet or scoresheets, which must be presented to the
  973  defense counsel for review for accuracy in all cases unless the
  974  judge directs otherwise. The defendant’s scoresheet or
  975  scoresheets must be approved and signed by the sentencing judge.
  976         (4) The Department of Corrections, in consultation with the
  977  Office of the State Courts Administrator, state attorneys, and
  978  public defenders, must develop and submit the revised digitized
  979  Criminal Punishment Code scoresheet to the Supreme Court for
  980  approval by June 15 of each year, as necessary. The digitized
  981  scoresheet shall have individual, structured data cells for each
  982  data field on the scoresheet. Upon the Supreme Court’s approval
  983  of the revised digitized scoresheet, the Department of
  984  Corrections shall produce and provide sufficient copies of the
  985  revised digitized scoresheets by September 30 of each year, as
  986  necessary. Digitized scoresheets must include individual data
  987  cells to indicate item entries for the scoresheet preparer’s use
  988  in indicating whether any prison sentence imposed includes a
  989  mandatory minimum sentence or the sentence imposed was a
  990  downward departure from the lowest permissible sentence under
  991  the Criminal Punishment Code.
  992         (5) The Department of Corrections shall make available
  993  distribute sufficient copies of the digitized Criminal
  994  Punishment Code scoresheets to those persons charged with the
  995  responsibility for preparing scoresheets.
  996         (6) The clerk of the circuit court shall transmit a
  997  complete, and accurate digitized, and legible copy of the
  998  Criminal Punishment Code scoresheet used in each sentencing
  999  proceeding to the Department of Corrections. Scoresheets must be
 1000  electronically transmitted no less frequently than monthly, by
 1001  the first of each month, and may be sent collectively.
 1002         (7) A digitized sentencing scoresheet must be prepared for
 1003  every defendant who is sentenced for a felony offense. A copy of
 1004  The individual offender’s digitized Criminal Punishment Code
 1005  scoresheet and any attachments thereto prepared pursuant to Rule
 1006  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
 1007  Procedure, or any other rule pertaining to the preparation and
 1008  submission of felony sentencing scoresheets, must be included
 1009  with attached to the copy of the uniform judgment and sentence
 1010  form provided to the Department of Corrections.
 1011         Section 17. Subsection (1) of section 932.7061, Florida
 1012  Statutes, is amended to read:
 1013         932.7061 Reporting seized property for forfeiture.—
 1014         (1) Every law enforcement agency shall submit an annual
 1015  report to the Department of Law Enforcement indicating whether
 1016  the agency has seized or forfeited property under the Florida
 1017  Contraband Forfeiture Act. A law enforcement agency receiving or
 1018  expending forfeited property or proceeds from the sale of
 1019  forfeited property in accordance with the Florida Contraband
 1020  Forfeiture Act shall submit a completed annual report by
 1021  December 1 October 10 documenting the receipts and expenditures.
 1022  The report shall be submitted in an electronic form, maintained
 1023  by the Department of Law Enforcement in consultation with the
 1024  Office of Program Policy Analysis and Government Accountability,
 1025  to the entity that has budgetary authority over such agency and
 1026  to the Department of Law Enforcement. The annual report must, at
 1027  a minimum, specify the type, approximate value, court case
 1028  number, type of offense, disposition of property received, and
 1029  amount of any proceeds received or expended.
 1030         Section 18. Section 943.687, Florida Statutes, is created
 1031  to read:
 1032         943.687Criminal justice data transparency.—In order to
 1033  facilitate the availability of comparable and uniform criminal
 1034  justice data, the department shall:
 1035         (1)Collect, compile, maintain, and manage the data
 1036  submitted by local and state entities pursuant to s. 900.05 and
 1037  coordinate related activities to collect and submit data. The
 1038  department shall create a unique identifier for each criminal
 1039  case received from the clerks of court which identifies the
 1040  person who is the subject of the criminal case. The unique
 1041  identifier must be the same for that person in any court case
 1042  and used across local and state entities for all information
 1043  related to that person at any time. The unique identifier shall
 1044  be randomly created and may not include any portion of the
 1045  person’s social security number or date of birth.
 1046         (2)Promote criminal justice data sharing by making such
 1047  data received under s. 900.05 comparable, transferable, and
 1048  readily usable.
 1049         (3)Create and maintain an Internet-based database of
 1050  criminal justice data received under s. 900.05 in a modern,
 1051  open, electronic format that is machine-readable and readily
 1052  accessible through an application program interface. The
 1053  database must allow the public to search, at a minimum, by each
 1054  data element, county, judicial circuit, or unique identifier.
 1055  The department may not require a license or charge a fee to
 1056  access or receive information from the database.
 1057         (4)Develop written agreements with local, state, and
 1058  federal agencies to facilitate criminal justice data sharing.
 1059         (5)Establish by rule:
 1060         (a)Requirements for the entities subject to the
 1061  requirements of s. 900.05 to submit data through an application
 1062  program interface.
 1063         (b)A data catalog defining data objects, describing data
 1064  fields, and detailing the meaning of and options for each data
 1065  element reported pursuant to s. 900.05.
 1066         (c)How data collected pursuant to s. 900.05 is compiled,
 1067  processed, structured, used, or shared. The rule shall provide
 1068  for the tagging of all information associated with each case
 1069  number and unique identifier.
 1070         (d)Requirements for implementing and monitoring the
 1071  Internet-based database established under subsection (3).
 1072         (e)How information contained in the Internet-based
 1073  database established under subsection (3) is accessed by the
 1074  public.
 1075         (6)Consult with local, state, and federal criminal justice
 1076  agencies and other public and private users of the database
 1077  established under subsection (3) on the data elements collected
 1078  under s. 900.05, the use of such data, and adding data elements
 1079  to be collected.
 1080         (7)Monitor data collection procedures and test data
 1081  quality to facilitate the dissemination of accurate, valid,
 1082  reliable, and complete criminal justice data.
 1083         (8)Develop methods for archiving data, retrieving archived
 1084  data, and data editing and verification.
 1085         Section 19. Subsection (3) of section 944.704, Florida
 1086  Statutes, is amended to read:
 1087         944.704 Staff who provide transition assistance; duties.
 1088  The department shall provide a transition assistance specialist
 1089  at each of the major institutions whose duties include, but are
 1090  not limited to:
 1091         (3) Obtaining job placement information,. which must
 1092  include identifying any job assignment credentialing or industry
 1093  certifications for which an inmate is eligible.
 1094  
 1095  The transition assistance specialist may not be a correctional
 1096  officer or correctional probation officer as defined in s.
 1097  943.10.
 1098         Section 20. Subsections (3) through (6) of section 944.705,
 1099  Florida Statutes, are renumbered as subsections (4), (5), (6),
 1100  and (10), respectively, and new subsections (3), (7), (8), (9),
 1101  and (11) are added to that section, to read:
 1102         944.705 Release orientation program.—
 1103         (3) Each inmate shall receive a comprehensive community
 1104  reentry resource directory organized by the county to which the
 1105  inmate is being released. The directory shall include the name,
 1106  address, and telephone number of each provider, and a
 1107  description of services offered. The directory must also include
 1108  the name, address, and telephone number of existing portals of
 1109  entry.
 1110         (7) The department shall allow a nonprofit faith-based,
 1111  business and professional, civic, or community organization to
 1112  apply to be registered under this section to provide inmate
 1113  reentry services. Reentry services include, but are not limited
 1114  to, counseling; providing information on housing and job
 1115  placement; money management assistance; and programs addressing
 1116  substance abuse, mental health, or co-occurring conditions.
 1117         (8) The department shall adopt policies and procedures for
 1118  screening, approving, and registering an organization that
 1119  applies to be registered to provide inmate reentry services
 1120  under subsection (7). The department may deny approval and
 1121  registration of an organization or a representative from an
 1122  organization if it determines that the organization or
 1123  representative does not meet the department’s policies or
 1124  procedures.
 1125         (9) The department may contract with a public or private
 1126  educational institution’s Veteran’s Advocacy Clinic or Veteran’s
 1127  Legal Clinic to assist qualified veteran inmates in applying for
 1128  veteran’s assistance benefits upon release.
 1129         (11) The department shall adopt rules to implement this
 1130  section.
 1131         Section 21. Subsections (4) and (5) of section 944.801,
 1132  Florida Statutes, are renumbered (5) and (6), respectively, and
 1133  new subsection (4) is added to that section to read:
 1134         944.801 Education for state prisoners.—
 1135         (4) The Correctional Education Program may develop a Prison
 1136  Entrepreneurship Program and adopt procedures for admitting
 1137  student inmates. If the department elects to develop the
 1138  program, it must include at least 180 days of in-prison
 1139  education. Program curriculum must include a component on
 1140  developing a business plan, procedures for graduation and
 1141  certification of successful student inmates, and at least 90
 1142  days of transitional and postrelease continuing education
 1143  services. Transitional and postrelease continuing education
 1144  services may be offered to graduate student inmates on a
 1145  voluntary basis and shall not be a requirement for completion of
 1146  the program. The department shall enter into agreements with
 1147  public or private community colleges, junior colleges, colleges,
 1148  universities, or other non-profit entities to implement the
 1149  program. The program shall be funded within existing resources.
 1150         Section 22. Section 944.805, Florida Statutes, is created
 1151  to read:
 1152         944.805 Certificate of achievement and employability;
 1153  definitions.—
 1154         (1) As used in this section and ss. 944.806-944.8065, the
 1155  term:
 1156         (a) “Discretionary civil impact” means any Florida statute
 1157  or rule that creates a penalty, disability, or disadvantage to
 1158  which all of the following apply:
 1159         1. The impact is triggered in whole or in part by a
 1160  person’s conviction of an offense, whether or not the penalty,
 1161  disability, or disadvantage is included in the judgment or
 1162  sentence.
 1163         2. The impact is imposed on a person, licensing agency, or
 1164  employer.
 1165         3. The impact permits, but does not require, that a
 1166  convicted person have a license denied or revoked, permits an
 1167  agency to deny or revoke a license or certification to a
 1168  convicted person, or permits a business to refuse to employ a
 1169  convicted person.
 1170  
 1171  The term does not include imprisonment, probation, parole,
 1172  supervised release, forfeiture, restitution, fine, assessment,
 1173  or costs of prosecution.
 1174         (b) “Eligible inmate” means a person who is serving a
 1175  prison term in a state correctional institution or facility;
 1176  under the supervision of the department on probation or
 1177  community control; or under a postrelease control sanction; and
 1178  who is eligible to apply to the department for a certificate of
 1179  achievement and employability.
 1180         (c) “Licensing agency” means any regulatory or licensing
 1181  entity with authority to issue, suspend, or revoke any
 1182  professional license or certification.
 1183         (d) “Mandatory civil impact” means any Florida statute or
 1184  rule that creates a penalty, disability, or disadvantage to
 1185  which all of the following apply:
 1186         1. The impact is triggered automatically solely by a
 1187  person’s conviction of an offense, whether or not the penalty,
 1188  disability, or disadvantage is included in the judgment or
 1189  sentence.
 1190         2. The impact is imposed on a person, licensing agency, or
 1191  employer.
 1192         3. The impact precludes a convicted person from maintaining
 1193  or obtaining licensure or employment, precludes a licensing
 1194  agency from issuing a license or certification to a convicted
 1195  person, or precludes a business from being certified or from
 1196  employing a convicted person.
 1197  
 1198  The term does not include imprisonment, probation, parole,
 1199  supervised release, forfeiture, restitution, fine, assessment,
 1200  or costs of prosecution.
 1201         Section 23. Section 944.8055, Florida Statutes, is created
 1202  to read:
 1203         944.8055 Certificate of achievement and employability;
 1204  eligibility.—
 1205         (1) An eligible inmate may apply to the department at a
 1206  time specified in paragraph (2)(a) for a certificate of
 1207  achievement and employability if the inmate:
 1208         (a) Has satisfactorily completed one or more in-prison
 1209  vocational programs approved by the department.
 1210         (b) Has demonstrated exemplary performance as determined by
 1211  completion of one or more cognitive or behavioral improvement
 1212  programs approved by the department while incarcerated in a
 1213  state correctional institution or facility or under supervision,
 1214  or during both periods of time.
 1215         (c) Shows other evidence of achievement and rehabilitation.
 1216         (d) Is not currently serving a sentence for or has not been
 1217  previously convicted of a violation of a dangerous crime as
 1218  defined in s. 907.041, or a violation specified as a predicate
 1219  offense for registration as a sexual predator under s. 775.21 or
 1220  for registration as a sexual offender under s. 943.0435.
 1221         (2)(a) An eligible inmate may apply for a certificate of
 1222  achievement and employability no earlier than one year prior to
 1223  the date of his or her release from department custody and no
 1224  later than the actual date of release.
 1225         (b) An inmate released from a state correctional
 1226  institution or facility, or under supervision or postrelease
 1227  control sanction, and who satisfies all the criteria set forth
 1228  in subsection (1), is eligible to apply to the department for a
 1229  certificate of achievement and employability at any time while
 1230  under supervision or postrelease control sanction.
 1231         (3) When applying for a certificate of achievement and
 1232  employability, an eligible inmate shall specify the mandatory
 1233  civil impacts for which he or she is seeking relief through a
 1234  certificate. If a mandatory civil impact of a licensing agency
 1235  is affected by issuing the certificate, the department shall
 1236  notify the licensing agency, provide the licensing agency with a
 1237  copy of the application and documentation that the department
 1238  has concerning the eligible inmate, and afford the licensing
 1239  agency an opportunity to object in writing to issuing the
 1240  certificate.
 1241         (4) The department shall consider the eligible inmate’s
 1242  application and all objections to issuing the certificate of
 1243  achievement and employability. If the department determines that
 1244  the inmate is eligible, the application was filed timely, and
 1245  all objections to issuing the certificate are insufficient, it
 1246  shall issue the certificate.
 1247         (5) A certificate of achievement or employability does not
 1248  affect the mandatory civil impacts under s. 4, Art. VI of the
 1249  state Constitution, or ss. 775.13, 775.21, 943.0435, and
 1250  944.292.
 1251         (6) The department is not liable for a claim for damages
 1252  arising from issuing, denying, or revoking a certificate of
 1253  achievement and employability or for failing to revoke a
 1254  certificate under the circumstances described in s. 944.0865.
 1255         (7) The department shall adopt rules to implement this
 1256  section.
 1257         Section 24. Section 944.806, Florida Statutes, is created
 1258  to read:
 1259         944.806 Certificate of achievement and employability;
 1260  effect.—
 1261         (1) A certificate holder who applies to a licensing agency
 1262  and has a conviction or guilty plea that otherwise would bar
 1263  licensure or certification because of a mandatory civil impact
 1264  shall be given individualized consideration by the licensing
 1265  agency. The certificate constitutes a rebuttable presumption
 1266  that the certificate holder’s conviction alone is insufficient
 1267  evidence that he or she is unfit for the license or
 1268  certification. Notwithstanding the presumption established under
 1269  this section, the licensing agency may deny the license or
 1270  certification if it determines that the certificate holder is
 1271  unfit for licensure or certification after considering all
 1272  relevant facts and circumstances.
 1273         (2) If an employer that has hired a certificate holder
 1274  applies to a licensing agency and the certificate holder has a
 1275  conviction or guilty plea that otherwise would bar his or her
 1276  employment with the employer, or would bar the employer’s
 1277  licensure or certification because of a mandatory civil impact,
 1278  the agency shall give the certificate holder individualized
 1279  consideration for licensure or certification. The mandatory
 1280  civil impact shall be deemed a discretionary civil impact, and
 1281  the certificate constitutes a rebuttable presumption that the
 1282  holder’s criminal convictions are insufficient evidence that he
 1283  or she is unfit for the employment, or that the employer is
 1284  unfit for the licensure or certification. The agency may deny
 1285  the employer licensure or certification if it determines that
 1286  the certificate holder is unfit for employment or that the
 1287  employer is unfit for licensure or certification.
 1288         Section 25. Section 944.8065, Florida Statutes, is created
 1289  to read:
 1290         944.8065 Certificate of achievement and employability;
 1291  revocation.—The department shall adopt rules governing
 1292  revocation of a certificate of achievement and employability
 1293  issued under s. 944.8055. The rules shall, at a minimum, require
 1294  revocation if a certificate holder is convicted of or pleads
 1295  guilty to a felony subsequent to the issuance of the certificate
 1296  of eligibility. The department shall determine which additional
 1297  offenses require revocation, considering the nature of the
 1298  offense and the employment of a certificate holder.
 1299         Section 26. Section 945.041, Florida Statutes, is created
 1300  to read:
 1301         945.041Department of Corrections reports.—The department
 1302  shall publish on its website and make available to the public
 1303  the following information, updated on a quarterly basis:
 1304         (1)Inmate admissions by offense type. Burglary of dwelling
 1305  offenses under s. 810.02(2), (3)(a), and (3)(b) must be reported
 1306  as a separate category from all other property crimes.
 1307         (2)The recidivism rate, defined as rearrest, reconviction,
 1308  reincarceration, and probation revocation in the state within a
 1309  3-year time period following release from incarceration.
 1310         Section 27. Current subsections (6) through (15) of section
 1311  947.005, Florida Statutes, are redesignated as subsections (8)
 1312  through (17), respectively, and new subsections (6) and (7) are
 1313  added to that section, to read:
 1314         947.005 Definitions.—As used in this chapter, unless the
 1315  context clearly indicates otherwise:
 1316         (6) "Electronic monitoring device" means an electronic or
 1317  telecommunications device that is used to track and supervise
 1318  the location of a person. Such devices include, but are not
 1319  limited to, voice tracking systems, position tracking systems,
 1320  position location systems, or biometric tracking systems.
 1321         (7) “Conditional medical release” means the release from a
 1322  state correctional institution or facility under this chapter
 1323  for medical or mental health treatment pursuant to s. 947.149.
 1324         Section 28. Section 947.149, Florida Statutes, is amended
 1325  to read:
 1326         947.149 Conditional medical release.—
 1327         (1) ELIGIBILITY.—The commission shall, in conjunction with
 1328  the department, establish the conditional medical release
 1329  program. An inmate is eligible for supervised consideration for
 1330  release under the conditional medical release program when the
 1331  inmate, because of an existing medical or physical condition, is
 1332  determined by the department to be within one of the following
 1333  designations provided for in subsection (2) and meet the
 1334  qualifications of subsection (3) or subsection (4).:
 1335         (2) DESIGNATIONS.—
 1336         (a) “Inmate with a debilitating illness,” which means an
 1337  inmate who is determined to be suffering from a significant and
 1338  permanent terminal or nonterminal condition, disease, or
 1339  syndrome that has rendered the inmate so physically or
 1340  cognitively debilitated or incapacitated as to create a
 1341  reasonable probability that the inmate does not constitute a
 1342  danger to herself or himself or others.
 1343         (b) "Medically frail inmate," which means an inmate whose
 1344  physical or mental health has deteriorated to a point that
 1345  creates a reasonable probability that the inmate does not
 1346  constitute a danger to herself or himself or others, as
 1347  determined by a risk assessment completed by a qualified
 1348  practitioner, and whose deterioration is the direct result of
 1349  the inmate's:
 1350         1. Impairment of the mental or emotional processes that
 1351  exercise conscious control of one's actions or of the ability to
 1352  perceive or understand reality, where such impairment
 1353  substantially interferes with the person's ability to meet the
 1354  ordinary demands of living;
 1355         2. History of substance abuse, as defined in s.
 1356  397.311(45); or
 1357         3. Requirement of acute long-term medical or mental health
 1358  treatment or services.
 1359         (c)(a) “Permanently incapacitated inmate,” which means an
 1360  inmate who has a condition caused by injury, disease, or illness
 1361  which, to a reasonable degree of medical certainty, renders the
 1362  inmate permanently and irreversibly physically incapacitated to
 1363  the extent that the inmate does not constitute a danger to
 1364  herself or himself or others.
 1365         (d)(b) “Terminally ill inmate,” which means an inmate who
 1366  has a condition caused by injury, disease, or illness which, to
 1367  a reasonable degree of medical certainty, renders the inmate
 1368  terminally ill to the extent that there can be no recovery and
 1369  death is expected within 12 months is imminent, so that the
 1370  inmate does not constitute a danger to herself or himself or
 1371  others.
 1372         (3)(2)PERMISSIVE CONDITIONAL MEDICAL RELEASE.—
 1373         (a) Notwithstanding any provision to the contrary, an
 1374  inmate that is sentenced to the custody of the department and
 1375  who qualifies for one of the designations defined in subsection
 1376  (2) any person determined eligible under this section and
 1377  sentenced to the custody of the department may, upon referral by
 1378  the department, be considered for conditional medical release by
 1379  the commission, in addition to any parole consideration for
 1380  which the inmate may be considered, except that conditional
 1381  medical release is not authorized for an inmate who is under
 1382  sentence of death. No inmate has a right to conditional medical
 1383  release or to a medical evaluation to determine eligibility for
 1384  such release.
 1385         (b)(3) The authority and whether or not to grant
 1386  conditional medical release and establish additional conditions
 1387  of conditional medical release under this subsection rests
 1388  solely within the discretion of the commission, in accordance
 1389  with the provisions of this section, together with the authority
 1390  to approve the release plan to include necessary medical care
 1391  and attention.
 1392         (c) The department shall identify inmates who may be
 1393  eligible for conditional medical release based upon available
 1394  medical information and shall refer them to the commission for
 1395  consideration.
 1396         (d) In considering an inmate for conditional medical
 1397  release in accordance with this subsection, the commission may
 1398  require that additional medical evidence be produced or that
 1399  additional medical examinations be conducted, and may require
 1400  such other investigations to be made as may be warranted.
 1401         (4) MANDATORY CONDITIONAL MEDICAL RELEASE.—
 1402         (a)An inmate is eligible for mandatory conditional medical
 1403  release under this subsection if he or she qualifies for one of
 1404  the designations defined in subsection (2) and the department
 1405  determines that he or she meets all of the following criteria:
 1406         1.Has served at least 50 percent of his or her sentence.
 1407         2.Has no current or prior conviction for:
 1408         a. A capital, life, or first degree felony.
 1409         b. A sexual offense specified in s. 775.21(4)(a)1. or s.
 1410  943.0435(1)(h)1.a.(I).
 1411         c. An offense involving a child.
 1412         3.Has not received a disciplinary report within the
 1413  previous 6 months.
 1414         4.Has never received a disciplinary report for a violent
 1415  act.
 1416         5. Has renounced any gang affiliation.
 1417         (b) Any person sentenced to the custody of the department
 1418  who is determined to be eligible for placement on mandatory
 1419  conditional medical release in accordance with this subsection
 1420  must be referred by the department to the commission. Upon
 1421  receiving a referral from the department, the commission shall
 1422  verify the eligibility of an inmate and, upon verification, such
 1423  inmate must be placed on conditional medical release.
 1424         (c)In verifying the inmate’s eligibility for mandatory
 1425  conditional medical release, the commission shall review the
 1426  information provided by the department.
 1427         (d)The commission must finish its verification of an
 1428  inmate’s eligibility within 60 days after the department refers
 1429  the inmate for conditional medical release.
 1430         (5) RIGHTS NOT CONFERRED.—An inmate does not have a right
 1431  to conditional medical release or to a medical evaluation to
 1432  determine eligibility for such release.
 1433         (6)REFERRAL REQUIREMENTS.—The department’s referral of an
 1434  inmate to the commission for release under this section must
 1435  include all of the following information on the inmate:
 1436         (a)The proposed conditional medical release plan.
 1437         (b)Any relevant medical history, including current medical
 1438  prognosis.
 1439         (c)Criminal history. The criminal history must include all
 1440  of the following information:
 1441         1.The inmate’s claim of innocence, if any.
 1442         2.The degree to which the inmate accepts responsibility
 1443  for his or her actions leading to the conviction of the crime.
 1444         3.How any claim of responsibility has affected the
 1445  inmate’s feelings of remorse.
 1446         (d)If authorized by the inmate, any history of substance
 1447  abuse and mental health issues that is collected by the
 1448  department in accordance with 42 C.F.R. s. 2.
 1449         (e)Any disciplinary action taken against the inmate while
 1450  in prison.
 1451         (f)Any participation in prison work and other prison
 1452  programs.
 1453         (g) Any other information that the department deems
 1454  necessary.
 1455         (7) PLACEMENT REQUIREMENT.—A determination to approve a
 1456  release on conditional medical release must take into
 1457  consideration conditions such as whether:
 1458         (a)A placement option has been secured for the inmate in
 1459  the community. A placement option may include, but is not
 1460  limited to, home confinement or a medical or mental health
 1461  facility that is not a public institution as defined at Title
 1462  42, Chapter IV, Subchapter C, Part 434, Subpart K of the Code of
 1463  Federal Regulations. A placement option need not involve any
 1464  type of supervision of the inmate by an employee or a private
 1465  contractor of the department or otherwise be considered a secure
 1466  facility. A placement option may involve the use of an
 1467  electronic monitoring device as defined in 947.005(6).
 1468         (b)The placement option secured under this section poses a
 1469  minimal risk to society.
 1470         (c)The department has made a reasonable effort to
 1471  determine whether expenses related to the placement option
 1472  secured under this subsection are covered by Medicaid, a health
 1473  care policy, a certificate of insurance, or another source for
 1474  the payment of medical expenses or whether the inmate has
 1475  sufficient income or assets to pay for the expenses related to
 1476  the placement.
 1477         (d)The department has provided notice to the prosecutor’s
 1478  office in the county in which the prisoner was sentenced and to
 1479  each victim entitled to notice under s. 16(b), Art. I of the
 1480  State Constitution.
 1481         (8)(4)EFFECT OF RELEASE ON CONDITIONAL MEDICAL RELEASE.
 1482  The conditional medical release term of an inmate released on
 1483  conditional medical release is for the remainder of the inmate’s
 1484  sentence, without diminution of sentence for good behavior.
 1485  Supervision of the medical releasee must include a release plan
 1486  as proposed by the department and approved by the commission and
 1487  periodic medical evaluations. Supervision may also include
 1488  electronic monitoring at intervals determined by the commission
 1489  at the time of release.
 1490         (9)(5)(a)REVOCATION AND RECOMMITMENT.—
 1491         (a) If it is discovered during the conditional medical
 1492  release that the medical or physical condition of the medical
 1493  releasee has improved to the extent that she or he would no
 1494  longer be eligible for conditional medical release under this
 1495  section, the commission may order that the releasee be returned
 1496  to the custody of the department for a conditional medical
 1497  release revocation hearing, in accordance with s. 947.141. If
 1498  conditional medical release is revoked due to improvement in the
 1499  medical or physical condition of the releasee, she or he shall
 1500  serve the balance of her or his sentence with credit for the
 1501  time served on conditional medical release and without
 1502  forfeiture of any gain-time accrued prior to conditional medical
 1503  release. If the person whose conditional medical release is
 1504  revoked due to an improvement in medical or physical condition
 1505  would otherwise be eligible for parole or any other release
 1506  program, the person may be considered for such release program
 1507  pursuant to law.
 1508         (b) In addition to revocation of conditional medical
 1509  release pursuant to paragraph (a), conditional medical release
 1510  may also be revoked for violation of any condition of the
 1511  release established by the commission, in accordance with s.
 1512  947.141, and the releasee’s gain-time may be forfeited pursuant
 1513  to s. 944.28(1).
 1514         (10)(6)RULEMAKING.—The department and the commission shall
 1515  adopt rules as necessary to implement the conditional medical
 1516  release program.
 1517         Section 29. Subsection (1) of section 948.001, Florida
 1518  Statutes, is amended to read:
 1519         948.001 Definitions.—As used in this chapter, the term:
 1520         (1) “Administrative probation” means a form of no contact,
 1521  nonreporting supervision in which an offender who presents a low
 1522  risk of harm to the community may, upon satisfactory completion
 1523  of half the term of probation, be transferred by the Department
 1524  of Corrections to this type of reduced level of supervision, as
 1525  provided in s. 948.013.
 1526         Section 30. Subsection (1) of section 948.013, Florida
 1527  Statutes, is amended to read:
 1528         948.013 Administrative probation.—
 1529         (1) The Department of Corrections may transfer an offender
 1530  to administrative probation if he or she presents a low risk of
 1531  harm to the community and has satisfactorily completed at least
 1532  half of the probation term. The department of Corrections may
 1533  establish procedures for transferring an offender to
 1534  administrative probation. The department may collect an initial
 1535  processing fee of up to $50 for each probationer transferred to
 1536  administrative probation. The offender is exempt from further
 1537  payment for the cost of supervision as required in s. 948.09.
 1538         Section 31. Subsection (3) is added to section 948.03,
 1539  Florida Statutes, to read:
 1540         948.03 Terms and conditions of probation.—
 1541         (3) The Department of Corrections shall include all
 1542  conditions of probation for each probationer, as determined by
 1543  the court, in the Florida Crime Information Center database.
 1544         Section 32. Subsection (1) of section 948.06, Florida
 1545  Statutes, is amended, and subsection (9) is added to that
 1546  section, to read:
 1547         948.06 Violation of probation or community control;
 1548  revocation; modification; continuance; failure to pay
 1549  restitution or cost of supervision.—
 1550         (1)
 1551         (c) If a probationer or offender on community control
 1552  commits a technical violation, the probation officer shall
 1553  determine whether he or she is eligible for the alternative
 1554  sanctioning program under subsection (9). If the probationer or
 1555  offender on community control is eligible, the probation officer
 1556  may proceed with the alternative sanctioning program in lieu of
 1557  filing an affidavit of violation with the court. For purposes of
 1558  this section, the term “technical violation” means an alleged
 1559  violation of supervision that is not a new felony offense,
 1560  misdemeanor offense, or criminal traffic offense.
 1561         (d)(c) If a judge finds reasonable grounds to believe that
 1562  a probationer or an offender has violated his or her probation
 1563  or community control in a material respect by committing a new
 1564  violation of law, the judge may issue a warrant for the arrest
 1565  of the person.
 1566         (e)(d)1. At a first appearance hearing for an offender who
 1567  has been arrested for violating his or her probation or
 1568  community control in a material respect by committing a new
 1569  violation of law the court:
 1570         a. Shall inform the person of the violation.
 1571         b. May order the person to be taken before the court that
 1572  granted the probation or community control if the person admits
 1573  the violation.
 1574         2. If the probationer or offender does not admit the
 1575  violation at the first appearance hearing, the court:
 1576         a. May commit the probationer or offender or may release
 1577  the person with or without bail to await further hearing,
 1578  notwithstanding s. 907.041, relating to pretrial detention and
 1579  release; or
 1580         b. May order the probationer or offender to be brought
 1581  before the court that granted the probation or community
 1582  control.
 1583         3. In determining whether to require or set the amount of
 1584  bail, and notwithstanding s. 907.041, relating to pretrial
 1585  detention and release, the court may consider whether the
 1586  probationer or offender is more likely than not to receive a
 1587  prison sanction for the violation.
 1588  
 1589  This paragraph does not apply to a probationer or offender on
 1590  community control who is subject to the hearing requirements
 1591  under subsection (4) or paragraph (8)(e).
 1592         (f)(e) Any probation officer, any officer authorized to
 1593  serve criminal process, or any peace officer of this state is
 1594  authorized to serve and execute such warrant. Any probation
 1595  officer is authorized to serve such notice to appear.
 1596         (g)(f) Upon the filing of an affidavit alleging a violation
 1597  of probation or community control and following issuance of a
 1598  warrant for such violation, a warrantless arrest under this
 1599  section, or a notice to appear under this section, the
 1600  probationary period is tolled until the court enters a ruling on
 1601  the violation. Notwithstanding the tolling of probation, the
 1602  court shall retain jurisdiction over the offender for any
 1603  violation of the conditions of probation or community control
 1604  that is alleged to have occurred during the tolling period. The
 1605  probation officer is permitted to continue to supervise any
 1606  offender who remains available to the officer for supervision
 1607  until the supervision expires pursuant to the order of probation
 1608  or community control or until the court revokes or terminates
 1609  the probation or community control, whichever comes first.
 1610         (h)(g) The chief judge of each judicial circuit may direct
 1611  the department to use a notification letter of a technical
 1612  violation in appropriate cases in lieu of a violation report,
 1613  affidavit, and warrant or a notice to appear when the alleged
 1614  violation is not a new felony or misdemeanor offense. Such
 1615  direction must be in writing and must specify the types of
 1616  specific technical violations which are to be reported by a
 1617  notification letter of a technical violation, any exceptions to
 1618  those violations, and the required process for submission. At
 1619  the direction of the chief judge, the department shall send the
 1620  notification letter of a technical violation to the court.
 1621         (h)1. The chief judge of each judicial circuit, in
 1622  consultation with the state attorney, the public defender, and
 1623  the department, may establish an alternative sanctioning program
 1624  in which the department, after receiving court approval, may
 1625  enforce specified sanctions for certain technical violations of
 1626  supervision. For purposes of this paragraph, the term “technical
 1627  violation” means any alleged violation of supervision that is
 1628  not a new felony offense, misdemeanor offense, or criminal
 1629  traffic offense.
 1630         2. To establish an alternative sanctioning program, the
 1631  chief judge must issue an administrative order specifying:
 1632         a. Eligibility criteria.
 1633         b. The technical violations that are eligible for the
 1634  program.
 1635         c. The sanctions that may be recommended by a probation
 1636  officer for each technical violation.
 1637         d. The process for reporting technical violations through
 1638  the alternative sanctioning program, including approved forms.
 1639         3. If an offender is alleged to have committed a technical
 1640  violation of supervision that is eligible for the program, the
 1641  offender may:
 1642         a. Waive participation in the alternative sanctioning
 1643  program, in which case the probation officer may submit a
 1644  violation report, affidavit, and warrant to the court in
 1645  accordance with this section; or
 1646         b. Elect to participate in the alternative sanctioning
 1647  program after receiving written notice of an alleged technical
 1648  violation and a disclosure of the evidence against the offender,
 1649  admit to the technical violation, agree to comply with the
 1650  probation officer’s recommended sanction if subsequently ordered
 1651  by the court, and agree to waive the right to:
 1652         (I) Be represented by legal counsel.
 1653         (II) Require the state to prove his or her guilt before a
 1654  neutral and detached hearing body.
 1655         (III) Subpoena witnesses and present to a judge evidence in
 1656  his or her defense.
 1657         (IV) Confront and cross-examine adverse witnesses.
 1658         (V) Receive a written statement from a factfinder as to the
 1659  evidence relied on and the reasons for the sanction imposed.
 1660         4. If the offender admits to committing the technical
 1661  violation and agrees with the probation officer’s recommended
 1662  sanction, the probation officer must, before imposing the
 1663  sanction, submit the recommended sanction to the court as well
 1664  as documentation reflecting the offender’s admission to the
 1665  technical violation and agreement with the recommended sanction.
 1666         5. The court may impose the recommended sanction or may
 1667  direct the department to submit a violation report, affidavit,
 1668  and warrant to the court in accordance with this section.
 1669         6. An offender’s participation in an alternative
 1670  sanctioning program is voluntary. The offender may elect to
 1671  waive or discontinue participation in an alternative sanctioning
 1672  program at any time before the issuance of a court order
 1673  imposing the recommended sanction.
 1674         7. If an offender waives or discontinues participation in
 1675  an alternative sanctioning program, the probation officer may
 1676  submit a violation report, affidavit, and warrant to the court
 1677  in accordance with this section. The offender’s prior admission
 1678  to the technical violation may not be used as evidence in
 1679  subsequent proceedings.
 1680         (i) The court may allow the department to file an
 1681  affidavit, notification letter, violation report, or other
 1682  report under this section by facsimile or electronic submission.
 1683         (9)(a) For a first or second low-risk violation, as defined
 1684  in paragraph (b), within the current term of supervision, a
 1685  probation officer may offer an eligible probationer one or more
 1686  of the following as an alternative sanction:
 1687         1. Up to five days in the county detention facility;
 1688         2. Up to fifty additional community service hours;
 1689         3. Counseling or treatment;
 1690         4. Support group attendance;
 1691         5. Drug testing;
 1692         6. Loss of travel or other privileges;
 1693         7. Curfew for up to thirty days;
 1694         8. House arrest for up to thirty days; or
 1695         9. Any other sanction as determined by administrative order
 1696  by the chief judge of the circuit.
 1697         (b) When committed by a probationer, a low-risk violation
 1698  includes:
 1699         1. Positive drug or alcohol test result;
 1700         2. Failure to report to the probation office;
 1701         3. Failure to report a change in address or other required
 1702  information;
 1703         4. Failure to attend a required class, treatment or
 1704  counseling session, or meeting;
 1705         5. Failure to submit to a drug or alcohol test;
 1706         6. Violation of curfew;
 1707         7. Failure to meet a monthly quota on any required
 1708  probation condition, including, but not limited to, making
 1709  restitution payments, payment of court costs, and completing
 1710  community service hours;
 1711         8. Leaving the county without permission;
 1712         9. Failure to report a change in employment;
 1713         10. Associating with a person engaged in criminal activity;
 1714  or
 1715         11. Any other violation as determined by administrative
 1716  order of the chief judge of the circuit.
 1717         (c) For a first time moderate-risk violation, as defined in
 1718  paragraph (d), within the current term of supervision, a
 1719  probation officer, with supervisor approval, may offer an
 1720  eligible probationer or offender on community control one or
 1721  more of the following as an alternative sanction:
 1722         1. Up to 21 days in the county detention facility;
 1723         2. Curfew for up to 90 days;
 1724         3. House arrest for up to 90 days;
 1725         4. Electronic monitoring for up to 90 days;
 1726         5. Residential treatment for up to 90 days;
 1727         6. Any other sanction available for a low-risk violation;
 1728  or
 1729         7. Any other sanction as determined by administrative order
 1730  of the chief judge of the circuit.
 1731         (d) A moderate-risk violation includes:
 1732         1. A violation listed under paragraph (b) when committed by
 1733  an offender on community control;
 1734         2. Failure to remain at an approved residence by an
 1735  offender on community control;
 1736         3. A third violation listed under paragraph (b) by a
 1737  probationer within the current term of supervision; or
 1738         4. Any other violation as determined by administrative
 1739  order by the chief judge of the circuit.
 1740         (e) A probationer or offender on community control is not
 1741  eligible for an alternative sanction if:
 1742         1. He or she is a violent felony offender of special
 1743  concern, as defined in paragraph (8)(b).
 1744         2. The violation is a felony, misdemeanor, or criminal
 1745  traffic offense.
 1746         3. The violation is absconding.
 1747         4. The violation is of a stay-away order or no-contact
 1748  order.
 1749         5. The violation is not identified as low-risk or moderate
 1750  risk under this paragraph or by administrative order.
 1751         6. He or she has a prior moderate-risk level violation
 1752  during the current term of supervision.
 1753         7. He or she has three prior low-risk level violations
 1754  during the same term of supervision.
 1755         8. The term of supervision is scheduled to terminate in
 1756  less than 90 days.
 1757         9. The terms of the sentence prohibit alternative
 1758  sanctioning.
 1759         (f) If a probationer or offender on community control is
 1760  eligible for the alternative sanctioning program, he or she may:
 1761         1. Waive participation in the program, in which case the
 1762  probation officer may submit a violation report, affidavit, and
 1763  warrant to the court; or
 1764         2. Elect to participate in the program after receiving
 1765  written notice of an alleged technical violation and disclosure
 1766  of the evidence against him or her, admit to the technical
 1767  violation, agree to comply with the probation officer’s
 1768  recommended sanction if subsequently ordered by the court, and
 1769  agree to waive the right to:
 1770         a. Be represented by legal counsel.
 1771         b. Require the state to prove his or her guilt before a
 1772  neutral and detached hearing body.
 1773         c. Subpoena witnesses and present to a judge evidence in
 1774  his or her defense.
 1775         d. Confront and cross-examine adverse witnesses.
 1776         e. Receive a written statement from a judge as to the
 1777  evidence relied on and the reasons for the sanction imposed.
 1778         3. If the probationer or offender on community control
 1779  admits to committing the technical violation and agrees with the
 1780  probation officer’s recommended sanction, the probation officer
 1781  must, before imposing the sanction, submit the recommended
 1782  sanction to the court with documentation reflecting the
 1783  probationer’s admission to the technical violation and agreement
 1784  with the recommended sanction.
 1785         (g) The court may impose the recommended sanction or direct
 1786  the department to submit a violation report, affidavit, and
 1787  warrant to the court.
 1788         (h) An offender’s participation in the program is
 1789  voluntary. The probationer or offender on community control may
 1790  waive or discontinue participation in the program at any time
 1791  before the court imposes a recommended sanction.
 1792         (i) If a probationer or offender on community control
 1793  waives or discontinues participation in the program or fails to
 1794  complete successfully all alternative sanctions within 90 days
 1795  of imposition or within the timeframe specified in the agreed
 1796  upon sanction, the probation officer may submit a violation
 1797  report, affidavit, and warrant to the court. A prior admission
 1798  by the probationer or offender on community control to a
 1799  technical violation may not be used as evidence in subsequent
 1800  proceedings.
 1801         (j) Each judicial circuit shall establish an alternative
 1802  sanctioning program as provided in this subsection. The chief
 1803  judge of each judicial circuit may, by administrative order,
 1804  define additional sanctions or eligibility criteria and specify
 1805  the process for reporting technical violations through the
 1806  alternative sanctioning program.
 1807         Section 33. Section 948.081, Florida Statutes, is created
 1808  to read:
 1809         948.081 Community court programs.-
 1810         (1) Each judicial circuit may establish a community court
 1811  program for defendants charged with certain misdemeanor
 1812  offenses. Each community court shall, at a minimum:
 1813         (a) Adopt a nonadversarial approach.
 1814         (b) Establish an advisory committee to recommend solutions
 1815  and sanctions in each case.
 1816         (c) Consider the needs of the victim.
 1817         (d) Consider individualized treatment services for the
 1818  defendant.
 1819         (e) Provide for judicial leadership and interaction.
 1820         (f) Monitor the defendant’s compliance.
 1821         (2) In the event a county elects to establish a community
 1822  court program pursuant to this section, the chief judge of the
 1823  judicial circuit shall, by administrative order, specify each
 1824  misdemeanor crime eligible for the community court program. In
 1825  making such determination, the chief judge shall consider the
 1826  particular needs and concerns of the communities within the
 1827  judicial circuit.
 1828         (3) The Department of Corrections, Department of Juvenile
 1829  Justice, Department of Health, Department of Law Enforcement,
 1830  Department of Education, law enforcement agencies, and other
 1831  government entities involved in the criminal justice system
 1832  shall support such community court programs.
 1833         (4) A defendant’s entry into a community court program
 1834  shall be voluntary.
 1835         (5) Each community court program shall have a resource
 1836  coordinator who:
 1837         (a) Coordinates the responsibilities of the participating
 1838  agencies and service providers;
 1839         (b) Provides case management services;
 1840         (c) Monitors compliance by defendants with court
 1841  requirements; and
 1842         (d) Manages the collection of data for program evaluation
 1843  and accountability.
 1844         (6) The chief judge of the judicial circuit shall appoint
 1845  an advisory committee for each community court. Membership must
 1846  include, at a minimum:
 1847         (a) The chief judge or a community court judge designated
 1848  by the chief judge, who shall serve as chair;
 1849         (b) The state attorney;
 1850         (c) The public defender; and
 1851         (d) The community court resource coordinator.
 1852  
 1853  The committee may also include community stakeholders, treatment
 1854  representatives, and other persons the chair deems appropriate.
 1855         (7) The advisory committee shall review each defendant’s
 1856  case. Each committee member may make recommendations to the
 1857  judge, including appropriate sanctions and treatment solutions
 1858  for the defendant. The judge shall consider such recommendations
 1859  and make the final decision concerning sanctions and treatment
 1860  with respect to each defendant.
 1861         (8) Each judicial circuit that establishes a community
 1862  court program pursuant to this section shall report client-level
 1863  and programmatic data to the Office of State Courts
 1864  Administrator annually for program evaluation. Client-level data
 1865  include primary offenses resulting in the community court
 1866  referral or sentence, treatment compliance, completion status,
 1867  reasons for failing to complete the program, offenses committed
 1868  during treatment and sanctions imposed, frequency of court
 1869  appearances, and units of service. Programmatic data include
 1870  referral and screening procedures, eligibility criteria, type
 1871  and duration of treatment offered, and residential treatment
 1872  resources.
 1873         (9) Community court program funding must be secured from
 1874  sources other than the state for costs not assumed by the state
 1875  under s. 29.004. However, this subsection does not preclude the
 1876  use of funds provided for treatment and other services through
 1877  state executive branch agencies.
 1878         Section 34. For the purpose of incorporating the amendment
 1879  made by this act to section 944.801, Florida Statutes, in a
 1880  reference thereto, subsection (3) of section 447.203, Florida
 1881  Statutes, is reenacted to read:
 1882         447.203 Definitions.—As used in this part:
 1883         (2) “Public employer” or “employer” means the state or any
 1884  county, municipality, or special district or any subdivision or
 1885  agency thereof which the commission determines has sufficient
 1886  legal distinctiveness properly to carry out the functions of a
 1887  public employer. With respect to all public employees determined
 1888  by the commission as properly belonging to a statewide
 1889  bargaining unit composed of State Career Service System
 1890  employees or Selected Professional Service employees, the
 1891  Governor shall be deemed to be the public employer; and the
 1892  Board of Governors of the State University System, or the
 1893  board’s designee, shall be deemed to be the public employer with
 1894  respect to all public employees of each constituent state
 1895  university. The board of trustees of a community college shall
 1896  be deemed to be the public employer with respect to all
 1897  employees of the community college. The district school board
 1898  shall be deemed to be the public employer with respect to all
 1899  employees of the school district. The Board of Trustees of the
 1900  Florida School for the Deaf and the Blind shall be deemed to be
 1901  the public employer with respect to the academic and academic
 1902  administrative personnel of the Florida School for the Deaf and
 1903  the Blind. The Governor shall be deemed to be the public
 1904  employer with respect to all employees in the Correctional
 1905  Education Program of the Department of Corrections established
 1906  pursuant to s. 944.801.
 1907         Section 35. For the purpose of incorporating the amendment
 1908  made by this act to section 944.704, Florida Statutes, in a
 1909  reference thereto, subsection (3) of section 944.026, Florida
 1910  Statutes, is reenacted to read:
 1911         944.026 Community-based facilities and programs.—
 1912         (3)(a) The department shall develop and implement
 1913  procedures to diagnose offenders prior to sentencing, for the
 1914  purpose of recommending to the sentencing court suitable
 1915  candidates for placement in a community-based residential drug
 1916  treatment facility or probation and restitution center as
 1917  provided in this section. The department shall also develop and
 1918  implement procedures to properly identify inmates prior to
 1919  release who demonstrate the need for or interest in and
 1920  suitability for placement in a community-based substance abuse
 1921  transition housing program as provided in this section and
 1922  pursuant to ss. 944.4731 and 944.704.
 1923         (b) Pretrial intervention programs in appropriate counties
 1924  to provide early counseling and supervision services to
 1925  specified offenders as provided in s. 948.08.
 1926         Section 36. For the purpose of incorporating the amendment
 1927  made by this act to section 947.149, Florida Statutes, in a
 1928  reference thereto, subsection (6) of section 316.1935, Florida
 1929  Statutes, is reenacted to read:
 1930         316.1935 Fleeing or attempting to elude a law enforcement
 1931  officer; aggravated fleeing or eluding.—
 1932         (6) Notwithstanding s. 948.01, no court may suspend, defer,
 1933  or withhold adjudication of guilt or imposition of sentence for
 1934  any violation of this section. A person convicted and sentenced
 1935  to a mandatory minimum term of incarceration under paragraph
 1936  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
 1937  time under s. 944.275 or any form of discretionary early
 1938  release, other than pardon or executive clemency or conditional
 1939  medical release under s. 947.149, prior to serving the mandatory
 1940  minimum sentence.
 1941         Section 37. For the purpose of incorporating the amendment
 1942  made by this act to section 947.149, Florida Statutes, in a
 1943  reference thereto, paragraph (k) of subsection (4) of section
 1944  775.084, Florida Statutes, is reenacted to read:
 1945         775.084 Violent career criminals; habitual felony offenders
 1946  and habitual violent felony offenders; three-time violent felony
 1947  offenders; definitions; procedure; enhanced penalties or
 1948  mandatory minimum prison terms.—
 1949         (4)
 1950         (k)1. A defendant sentenced under this section as a
 1951  habitual felony offender, a habitual violent felony offender, or
 1952  a violent career criminal is eligible for gain-time granted by
 1953  the Department of Corrections as provided in s. 944.275(4)(b).
 1954         2. For an offense committed on or after October 1, 1995, a
 1955  defendant sentenced under this section as a violent career
 1956  criminal is not eligible for any form of discretionary early
 1957  release, other than pardon or executive clemency, or conditional
 1958  medical release granted pursuant to s. 947.149.
 1959         3. For an offense committed on or after July 1, 1999, a
 1960  defendant sentenced under this section as a three-time violent
 1961  felony offender shall be released only by expiration of sentence
 1962  and shall not be eligible for parole, control release, or any
 1963  form of early release.
 1964         Section 38. For the purpose of incorporating the amendment
 1965  made by this act to section 947.149, Florida Statutes, in
 1966  references thereto, paragraph (b) of subsection (2) and
 1967  paragraph (b) of subsection (3) of section 775.087, Florida
 1968  Statutes, are reenacted to read:
 1969         775.087 Possession or use of weapon; aggravated battery;
 1970  felony reclassification; minimum sentence.—
 1971         (2)
 1972         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 1973  (a)3. does not prevent a court from imposing a longer sentence
 1974  of incarceration as authorized by law in addition to the minimum
 1975  mandatory sentence, or from imposing a sentence of death
 1976  pursuant to other applicable law. Subparagraph (a)1.,
 1977  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 1978  court to impose a lesser sentence than otherwise required by
 1979  law.
 1980  
 1981  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1982  of sentence shall not be suspended, deferred, or withheld, and
 1983  the defendant is not eligible for statutory gain-time under s.
 1984  944.275 or any form of discretionary early release, other than
 1985  pardon or executive clemency, or conditional medical release
 1986  under s. 947.149, prior to serving the minimum sentence.
 1987         (3)
 1988         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 1989  (a)3. does not prevent a court from imposing a longer sentence
 1990  of incarceration as authorized by law in addition to the minimum
 1991  mandatory sentence, or from imposing a sentence of death
 1992  pursuant to other applicable law. Subparagraph (a)1.,
 1993  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 1994  court to impose a lesser sentence than otherwise required by
 1995  law.
 1996  
 1997  Notwithstanding s. 948.01, adjudication of guilt or imposition
 1998  of sentence shall not be suspended, deferred, or withheld, and
 1999  the defendant is not eligible for statutory gain-time under s.
 2000  944.275 or any form of discretionary early release, other than
 2001  pardon or executive clemency, or conditional medical release
 2002  under s. 947.149, prior to serving the minimum sentence.
 2003         Section 39. For the purpose of incorporating the amendment
 2004  made by this act to section 947.149, Florida Statutes, in a
 2005  reference thereto, subsection (3) of section 784.07, Florida
 2006  Statutes, is reenacted to read:
 2007         784.07 Assault or battery of law enforcement officers,
 2008  firefighters, emergency medical care providers, public transit
 2009  employees or agents, or other specified officers;
 2010  reclassification of offenses; minimum sentences.—
 2011         (3) Any person who is convicted of a battery under
 2012  paragraph (2)(b) and, during the commission of the offense, such
 2013  person possessed:
 2014         (a) A “firearm” or “destructive device” as those terms are
 2015  defined in s. 790.001, shall be sentenced to a minimum term of
 2016  imprisonment of 3 years.
 2017         (b) A semiautomatic firearm and its high-capacity
 2018  detachable box magazine, as defined in s. 775.087(3), or a
 2019  machine gun as defined in s. 790.001, shall be sentenced to a
 2020  minimum term of imprisonment of 8 years.
 2021  
 2022  Notwithstanding s. 948.01, adjudication of guilt or imposition
 2023  of sentence shall not be suspended, deferred, or withheld, and
 2024  the defendant is not eligible for statutory gain-time under s.
 2025  944.275 or any form of discretionary early release, other than
 2026  pardon or executive clemency, or conditional medical release
 2027  under s. 947.149, prior to serving the minimum sentence.
 2028         Section 40. For the purpose of incorporating the amendment
 2029  made by this act to section 947.149, Florida Statutes, in a
 2030  reference thereto, subsection (1) of section 790.235, Florida
 2031  Statutes, is reenacted to read:
 2032         790.235 Possession of firearm or ammunition by violent
 2033  career criminal unlawful; penalty.—
 2034         (1) Any person who meets the violent career criminal
 2035  criteria under s. 775.084(1)(d), regardless of whether such
 2036  person is or has previously been sentenced as a violent career
 2037  criminal, who owns or has in his or her care, custody,
 2038  possession, or control any firearm, ammunition, or electric
 2039  weapon or device, or carries a concealed weapon, including a
 2040  tear gas gun or chemical weapon or device, commits a felony of
 2041  the first degree, punishable as provided in s. 775.082, s.
 2042  775.083, or s. 775.084. A person convicted of a violation of
 2043  this section shall be sentenced to a mandatory minimum of 15
 2044  years’ imprisonment; however, if the person would be sentenced
 2045  to a longer term of imprisonment under s. 775.084(4)(d), the
 2046  person must be sentenced under that provision. A person
 2047  convicted of a violation of this section is not eligible for any
 2048  form of discretionary early release, other than pardon,
 2049  executive clemency, or conditional medical release under s.
 2050  947.149.
 2051         Section 41. For the purpose of incorporating the amendment
 2052  made by this act to section 947.149, Florida Statutes, in a
 2053  reference thereto, subsection (7) of section 794.0115, Florida
 2054  Statutes, is reenacted to read:
 2055         794.0115 Dangerous sexual felony offender; mandatory
 2056  sentencing.—
 2057         (7) A defendant sentenced to a mandatory minimum term of
 2058  imprisonment under this section is not eligible for statutory
 2059  gain-time under s. 944.275 or any form of discretionary early
 2060  release, other than pardon or executive clemency, or conditional
 2061  medical release under s. 947.149, before serving the minimum
 2062  sentence.
 2063         Section 42. For the purpose of incorporating the amendment
 2064  made by this act to section 947.149, Florida Statutes, in a
 2065  reference thereto, paragraphs (b), (c), and (g) of subsection
 2066  (1) and subsection (3) of section 893.135, Florida Statutes, are
 2067  reenacted to read:
 2068         893.135 Trafficking; mandatory sentences; suspension or
 2069  reduction of sentences; conspiracy to engage in trafficking.—
 2070         (1) Except as authorized in this chapter or in chapter 499
 2071  and notwithstanding the provisions of s. 893.13:
 2072         (b)1. Any person who knowingly sells, purchases,
 2073  manufactures, delivers, or brings into this state, or who is
 2074  knowingly in actual or constructive possession of, 28 grams or
 2075  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 2076  mixture containing cocaine, but less than 150 kilograms of
 2077  cocaine or any such mixture, commits a felony of the first
 2078  degree, which felony shall be known as “trafficking in cocaine,”
 2079  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2080  If the quantity involved:
 2081         a. Is 28 grams or more, but less than 200 grams, such
 2082  person shall be sentenced to a mandatory minimum term of
 2083  imprisonment of 3 years, and the defendant shall be ordered to
 2084  pay a fine of $50,000.
 2085         b. Is 200 grams or more, but less than 400 grams, such
 2086  person shall be sentenced to a mandatory minimum term of
 2087  imprisonment of 7 years, and the defendant shall be ordered to
 2088  pay a fine of $100,000.
 2089         c. Is 400 grams or more, but less than 150 kilograms, such
 2090  person shall be sentenced to a mandatory minimum term of
 2091  imprisonment of 15 calendar years and pay a fine of $250,000.
 2092         2. Any person who knowingly sells, purchases, manufactures,
 2093  delivers, or brings into this state, or who is knowingly in
 2094  actual or constructive possession of, 150 kilograms or more of
 2095  cocaine, as described in s. 893.03(2)(a)4., commits the first
 2096  degree felony of trafficking in cocaine. A person who has been
 2097  convicted of the first degree felony of trafficking in cocaine
 2098  under this subparagraph shall be punished by life imprisonment
 2099  and is ineligible for any form of discretionary early release
 2100  except pardon or executive clemency or conditional medical
 2101  release under s. 947.149. However, if the court determines that,
 2102  in addition to committing any act specified in this paragraph:
 2103         a. The person intentionally killed an individual or
 2104  counseled, commanded, induced, procured, or caused the
 2105  intentional killing of an individual and such killing was the
 2106  result; or
 2107         b. The person’s conduct in committing that act led to a
 2108  natural, though not inevitable, lethal result,
 2109  
 2110  such person commits the capital felony of trafficking in
 2111  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 2112  person sentenced for a capital felony under this paragraph shall
 2113  also be sentenced to pay the maximum fine provided under
 2114  subparagraph 1.
 2115         3. Any person who knowingly brings into this state 300
 2116  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 2117  and who knows that the probable result of such importation would
 2118  be the death of any person, commits capital importation of
 2119  cocaine, a capital felony punishable as provided in ss. 775.082
 2120  and 921.142. Any person sentenced for a capital felony under
 2121  this paragraph shall also be sentenced to pay the maximum fine
 2122  provided under subparagraph 1.
 2123         (c)1. A person who knowingly sells, purchases,
 2124  manufactures, delivers, or brings into this state, or who is
 2125  knowingly in actual or constructive possession of, 4 grams or
 2126  more of any morphine, opium, hydromorphone, or any salt,
 2127  derivative, isomer, or salt of an isomer thereof, including
 2128  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 2129  (3)(c)4., or 4 grams or more of any mixture containing any such
 2130  substance, but less than 30 kilograms of such substance or
 2131  mixture, commits a felony of the first degree, which felony
 2132  shall be known as “trafficking in illegal drugs,” punishable as
 2133  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2134  quantity involved:
 2135         a. Is 4 grams or more, but less than 14 grams, such person
 2136  shall be sentenced to a mandatory minimum term of imprisonment
 2137  of 3 years and shall be ordered to pay a fine of $50,000.
 2138         b. Is 14 grams or more, but less than 28 grams, such person
 2139  shall be sentenced to a mandatory minimum term of imprisonment
 2140  of 15 years and shall be ordered to pay a fine of $100,000.
 2141         c. Is 28 grams or more, but less than 30 kilograms, such
 2142  person shall be sentenced to a mandatory minimum term of
 2143  imprisonment of 25 years and shall be ordered to pay a fine of
 2144  $500,000.
 2145         2. A person who knowingly sells, purchases, manufactures,
 2146  delivers, or brings into this state, or who is knowingly in
 2147  actual or constructive possession of, 14 grams or more of
 2148  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
 2149  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
 2150  grams or more of any mixture containing any such substance,
 2151  commits a felony of the first degree, which felony shall be
 2152  known as “trafficking in hydrocodone,” punishable as provided in
 2153  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 2154         a. Is 14 grams or more, but less than 28 grams, such person
 2155  shall be sentenced to a mandatory minimum term of imprisonment
 2156  of 3 years and shall be ordered to pay a fine of $50,000.
 2157         b. Is 28 grams or more, but less than 50 grams, such person
 2158  shall be sentenced to a mandatory minimum term of imprisonment
 2159  of 7 years and shall be ordered to pay a fine of $100,000.
 2160         c. Is 50 grams or more, but less than 200 grams, such
 2161  person shall be sentenced to a mandatory minimum term of
 2162  imprisonment of 15 years and shall be ordered to pay a fine of
 2163  $500,000.
 2164         d. Is 200 grams or more, but less than 30 kilograms, such
 2165  person shall be sentenced to a mandatory minimum term of
 2166  imprisonment of 25 years and shall be ordered to pay a fine of
 2167  $750,000.
 2168         3. A person who knowingly sells, purchases, manufactures,
 2169  delivers, or brings into this state, or who is knowingly in
 2170  actual or constructive possession of, 7 grams or more of
 2171  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
 2172  thereof, or 7 grams or more of any mixture containing any such
 2173  substance, commits a felony of the first degree, which felony
 2174  shall be known as “trafficking in oxycodone,” punishable as
 2175  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2176  quantity involved:
 2177         a. Is 7 grams or more, but less than 14 grams, such person
 2178  shall be sentenced to a mandatory minimum term of imprisonment
 2179  of 3 years and shall be ordered to pay a fine of $50,000.
 2180         b. Is 14 grams or more, but less than 25 grams, such person
 2181  shall be sentenced to a mandatory minimum term of imprisonment
 2182  of 7 years and shall be ordered to pay a fine of $100,000.
 2183         c. Is 25 grams or more, but less than 100 grams, such
 2184  person shall be sentenced to a mandatory minimum term of
 2185  imprisonment of 15 years and shall be ordered to pay a fine of
 2186  $500,000.
 2187         d. Is 100 grams or more, but less than 30 kilograms, such
 2188  person shall be sentenced to a mandatory minimum term of
 2189  imprisonment of 25 years and shall be ordered to pay a fine of
 2190  $750,000.
 2191         4.a. A person who knowingly sells, purchases, manufactures,
 2192  delivers, or brings into this state, or who is knowingly in
 2193  actual or constructive possession of, 4 grams or more of:
 2194         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 2195         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 2196         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 2197         (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
 2198         (V) A fentanyl derivative, as described in s.
 2199  893.03(1)(a)62.;
 2200         (VI) A controlled substance analog, as described in s.
 2201  893.0356, of any substance described in sub-sub-subparagraphs
 2202  (I)-(V); or
 2203         (VII) A mixture containing any substance described in sub
 2204  sub-subparagraphs (I)-(VI),
 2205  
 2206  commits a felony of the first degree, which felony shall be
 2207  known as “trafficking in fentanyl,” punishable as provided in s.
 2208  775.082, s. 775.083, or s. 775.084.
 2209         b. If the quantity involved under sub-subparagraph a.:
 2210         (I) Is 4 grams or more, but less than 14 grams, such person
 2211  shall be sentenced to a mandatory minimum term of imprisonment
 2212  of 3 years, and shall be ordered to pay a fine of $50,000.
 2213         (II) Is 14 grams or more, but less than 28 grams, such
 2214  person shall be sentenced to a mandatory minimum term of
 2215  imprisonment of 15 years, and shall be ordered to pay a fine of
 2216  $100,000.
 2217         (III) Is 28 grams or more, such person shall be sentenced
 2218  to a mandatory minimum term of imprisonment of 25 years, and
 2219  shall be ordered to pay a fine of $500,000.
 2220         5. A person who knowingly sells, purchases, manufactures,
 2221  delivers, or brings into this state, or who is knowingly in
 2222  actual or constructive possession of, 30 kilograms or more of
 2223  any morphine, opium, oxycodone, hydrocodone, codeine,
 2224  hydromorphone, or any salt, derivative, isomer, or salt of an
 2225  isomer thereof, including heroin, as described in s.
 2226  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 2227  more of any mixture containing any such substance, commits the
 2228  first degree felony of trafficking in illegal drugs. A person
 2229  who has been convicted of the first degree felony of trafficking
 2230  in illegal drugs under this subparagraph shall be punished by
 2231  life imprisonment and is ineligible for any form of
 2232  discretionary early release except pardon or executive clemency
 2233  or conditional medical release under s. 947.149. However, if the
 2234  court determines that, in addition to committing any act
 2235  specified in this paragraph:
 2236         a. The person intentionally killed an individual or
 2237  counseled, commanded, induced, procured, or caused the
 2238  intentional killing of an individual and such killing was the
 2239  result; or
 2240         b. The person’s conduct in committing that act led to a
 2241  natural, though not inevitable, lethal result,
 2242  
 2243  such person commits the capital felony of trafficking in illegal
 2244  drugs, punishable as provided in ss. 775.082 and 921.142. A
 2245  person sentenced for a capital felony under this paragraph shall
 2246  also be sentenced to pay the maximum fine provided under
 2247  subparagraph 1.
 2248         6. A person who knowingly brings into this state 60
 2249  kilograms or more of any morphine, opium, oxycodone,
 2250  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 2251  isomer, or salt of an isomer thereof, including heroin, as
 2252  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 2253  60 kilograms or more of any mixture containing any such
 2254  substance, and who knows that the probable result of such
 2255  importation would be the death of a person, commits capital
 2256  importation of illegal drugs, a capital felony punishable as
 2257  provided in ss. 775.082 and 921.142. A person sentenced for a
 2258  capital felony under this paragraph shall also be sentenced to
 2259  pay the maximum fine provided under subparagraph 1.
 2260         (g)1. Any person who knowingly sells, purchases,
 2261  manufactures, delivers, or brings into this state, or who is
 2262  knowingly in actual or constructive possession of, 4 grams or
 2263  more of flunitrazepam or any mixture containing flunitrazepam as
 2264  described in s. 893.03(1)(a) commits a felony of the first
 2265  degree, which felony shall be known as “trafficking in
 2266  flunitrazepam,” punishable as provided in s. 775.082, s.
 2267  775.083, or s. 775.084. If the quantity involved:
 2268         a. Is 4 grams or more but less than 14 grams, such person
 2269  shall be sentenced to a mandatory minimum term of imprisonment
 2270  of 3 years, and the defendant shall be ordered to pay a fine of
 2271  $50,000.
 2272         b. Is 14 grams or more but less than 28 grams, such person
 2273  shall be sentenced to a mandatory minimum term of imprisonment
 2274  of 7 years, and the defendant shall be ordered to pay a fine of
 2275  $100,000.
 2276         c. Is 28 grams or more but less than 30 kilograms, such
 2277  person shall be sentenced to a mandatory minimum term of
 2278  imprisonment of 25 calendar years and pay a fine of $500,000.
 2279         2. Any person who knowingly sells, purchases, manufactures,
 2280  delivers, or brings into this state or who is knowingly in
 2281  actual or constructive possession of 30 kilograms or more of
 2282  flunitrazepam or any mixture containing flunitrazepam as
 2283  described in s. 893.03(1)(a) commits the first degree felony of
 2284  trafficking in flunitrazepam. A person who has been convicted of
 2285  the first degree felony of trafficking in flunitrazepam under
 2286  this subparagraph shall be punished by life imprisonment and is
 2287  ineligible for any form of discretionary early release except
 2288  pardon or executive clemency or conditional medical release
 2289  under s. 947.149. However, if the court determines that, in
 2290  addition to committing any act specified in this paragraph:
 2291         a. The person intentionally killed an individual or
 2292  counseled, commanded, induced, procured, or caused the
 2293  intentional killing of an individual and such killing was the
 2294  result; or
 2295         b. The person’s conduct in committing that act led to a
 2296  natural, though not inevitable, lethal result,
 2297  
 2298  such person commits the capital felony of trafficking in
 2299  flunitrazepam, punishable as provided in ss. 775.082 and
 2300  921.142. Any person sentenced for a capital felony under this
 2301  paragraph shall also be sentenced to pay the maximum fine
 2302  provided under subparagraph 1.
 2303         (3) Notwithstanding the provisions of s. 948.01, with
 2304  respect to any person who is found to have violated this
 2305  section, adjudication of guilt or imposition of sentence shall
 2306  not be suspended, deferred, or withheld, nor shall such person
 2307  be eligible for parole prior to serving the mandatory minimum
 2308  term of imprisonment prescribed by this section. A person
 2309  sentenced to a mandatory minimum term of imprisonment under this
 2310  section is not eligible for any form of discretionary early
 2311  release, except pardon or executive clemency or conditional
 2312  medical release under s. 947.149, prior to serving the mandatory
 2313  minimum term of imprisonment.
 2314         Section 43. For the purpose of incorporating the amendment
 2315  made by this act to section 947.149, Florida Statutes, in a
 2316  reference thereto, subsection (2) of section 921.0024, Florida
 2317  Statutes, is reenacted to read:
 2318         921.0024 Criminal Punishment Code; worksheet computations;
 2319  scoresheets.—
 2320         (2) The lowest permissible sentence is the minimum sentence
 2321  that may be imposed by the trial court, absent a valid reason
 2322  for departure. The lowest permissible sentence is any nonstate
 2323  prison sanction in which the total sentence points equals or is
 2324  less than 44 points, unless the court determines within its
 2325  discretion that a prison sentence, which may be up to the
 2326  statutory maximums for the offenses committed, is appropriate.
 2327  When the total sentence points exceeds 44 points, the lowest
 2328  permissible sentence in prison months shall be calculated by
 2329  subtracting 28 points from the total sentence points and
 2330  decreasing the remaining total by 25 percent. The total sentence
 2331  points shall be calculated only as a means of determining the
 2332  lowest permissible sentence. The permissible range for
 2333  sentencing shall be the lowest permissible sentence up to and
 2334  including the statutory maximum, as defined in s. 775.082, for
 2335  the primary offense and any additional offenses before the court
 2336  for sentencing. The sentencing court may impose such sentences
 2337  concurrently or consecutively. However, any sentence to state
 2338  prison must exceed 1 year. If the lowest permissible sentence
 2339  under the code exceeds the statutory maximum sentence as
 2340  provided in s. 775.082, the sentence required by the code must
 2341  be imposed. If the total sentence points are greater than or
 2342  equal to 363, the court may sentence the offender to life
 2343  imprisonment. An offender sentenced to life imprisonment under
 2344  this section is not eligible for any form of discretionary early
 2345  release, except executive clemency or conditional medical
 2346  release under s. 947.149.
 2347         Section 44. For the purpose of incorporating the amendment
 2348  made by this act to section 947.149, Florida Statutes, in a
 2349  reference thereto, paragraph (b) of subsection (7) of section
 2350  944.605, Florida Statutes, is reenacted to read:
 2351         944.605 Inmate release; notification; identification card.—
 2352         (7)
 2353         (b) Paragraph (a) does not apply to inmates who:
 2354         1. The department determines have a valid driver license or
 2355  state identification card, except that the department shall
 2356  provide these inmates with a replacement state identification
 2357  card or replacement driver license, if necessary.
 2358         2. Have an active detainer, unless the department
 2359  determines that cancellation of the detainer is likely or that
 2360  the incarceration for which the detainer was issued will be less
 2361  than 12 months in duration.
 2362         3. Are released due to an emergency release or a
 2363  conditional medical release under s. 947.149.
 2364         4. Are not in the physical custody of the department at or
 2365  within 180 days before release.
 2366         5. Are subject to sex offender residency restrictions, and
 2367  who, upon release under such restrictions, do not have a
 2368  qualifying address.
 2369         Section 45. For the purpose of incorporating the amendment
 2370  made by this act to section 947.149, Florida Statutes, in a
 2371  reference thereto, paragraph (b) of subsection (1) of section
 2372  944.70, Florida Statutes, is reenacted to read:
 2373         944.70 Conditions for release from incarceration.—
 2374         (1)
 2375         (b) A person who is convicted of a crime committed on or
 2376  after January 1, 1994, may be released from incarceration only:
 2377         1. Upon expiration of the person’s sentence;
 2378         2. Upon expiration of the person’s sentence as reduced by
 2379  accumulated meritorious or incentive gain-time;
 2380         3. As directed by an executive order granting clemency;
 2381         4. Upon placement in a conditional release program pursuant
 2382  to s. 947.1405 or a conditional medical release program pursuant
 2383  to s. 947.149; or
 2384         5. Upon the granting of control release, including
 2385  emergency control release, pursuant to s. 947.146.
 2386         Section 46. For the purpose of incorporating the amendment
 2387  made by this act to section 947.149, Florida Statutes, in a
 2388  reference thereto, paragraph (h) of subsection (1) of section
 2389  947.13, Florida Statutes, is reenacted to read:
 2390         947.13 Powers and duties of commission.—
 2391         (1) The commission shall have the powers and perform the
 2392  duties of:
 2393         (h) Determining what persons will be released on
 2394  conditional medical release under s. 947.149, establishing the
 2395  conditions of conditional medical release, and determining
 2396  whether a person has violated the conditions of conditional
 2397  medical release and taking action with respect to such a
 2398  violation.
 2399         Section 47. For the purpose of incorporating the amendment
 2400  made by this act to section 947.149, Florida Statutes, in a
 2401  reference thereto, subsections (1), (2), and (7) of section
 2402  947.141, Florida Statutes, are reenacted to read:
 2403         947.141 Violations of conditional release, control release,
 2404  or conditional medical release or addiction-recovery
 2405  supervision.—
 2406         (1) If a member of the commission or a duly authorized
 2407  representative of the commission has reasonable grounds to
 2408  believe that an offender who is on release supervision under s.
 2409  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 2410  the terms and conditions of the release in a material respect,
 2411  such member or representative may cause a warrant to be issued
 2412  for the arrest of the releasee; if the offender was found to be
 2413  a sexual predator, the warrant must be issued.
 2414         (2) Upon the arrest on a felony charge of an offender who
 2415  is on release supervision under s. 947.1405, s. 947.146, s.
 2416  947.149, or s. 944.4731, the offender must be detained without
 2417  bond until the initial appearance of the offender at which a
 2418  judicial determination of probable cause is made. If the trial
 2419  court judge determines that there was no probable cause for the
 2420  arrest, the offender may be released. If the trial court judge
 2421  determines that there was probable cause for the arrest, such
 2422  determination also constitutes reasonable grounds to believe
 2423  that the offender violated the conditions of the release. Within
 2424  24 hours after the trial court judge’s finding of probable
 2425  cause, the detention facility administrator or designee shall
 2426  notify the commission and the department of the finding and
 2427  transmit to each a facsimile copy of the probable cause
 2428  affidavit or the sworn offense report upon which the trial court
 2429  judge’s probable cause determination is based. The offender must
 2430  continue to be detained without bond for a period not exceeding
 2431  72 hours excluding weekends and holidays after the date of the
 2432  probable cause determination, pending a decision by the
 2433  commission whether to issue a warrant charging the offender with
 2434  violation of the conditions of release. Upon the issuance of the
 2435  commission’s warrant, the offender must continue to be held in
 2436  custody pending a revocation hearing held in accordance with
 2437  this section.
 2438         (7) If a law enforcement officer has probable cause to
 2439  believe that an offender who is on release supervision under s.
 2440  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 2441  the terms and conditions of his or her release by committing a
 2442  felony offense, the officer shall arrest the offender without a
 2443  warrant, and a warrant need not be issued in the case.
 2444  	Section 48. This act shall take effect October 1, 2018.
 2445  
 2446  ================= T I T L E  A M E N D M E N T ================
 2447  And the title is amended as follows:
 2448         Delete everything before the enacting clause
 2449  and insert:
 2450                        A bill to be entitled                      
 2451         An act relating to public safety; amending s. 14.32,
 2452         F.S.; creating the council within the Office of Chief
 2453         Inspector General; specifying the purpose of the
 2454         council; requiring the Office of Chief Inspector
 2455         General to provide administrative support to the
 2456         council; specifying the composition of the council;
 2457         providing terms of office and requirements regarding
 2458         the council’s membership; prescribing the duties and
 2459         responsibilities of the council; prohibiting the
 2460         council from interfering with the operations of the
 2461         Department of Corrections or the Department of
 2462         Juvenile Justice; authorizing the council to appoint
 2463         an executive director; authorizing reimbursement for
 2464         per diem and travel expenses for members of the
 2465         council; establishing certain restrictions applicable
 2466         to members of the council and council staff; providing
 2467         an appropriation; amending s. 23.1225, F.S.;
 2468         authorizing a mutual aid agreement in the event of a
 2469         declared state of emergency for certain law
 2470         enforcement purposes; amending s. 30.15, F.S.; making
 2471         sheriffs responsible for providing security for trial
 2472         court facilities in their respective counties;
 2473         requiring a sheriff to coordinate with the chief judge
 2474         of the judicial circuit on trial court facility
 2475         security matters; deeming sheriffs and their deputies,
 2476         employees, and contractors officers of the court when
 2477         providing security; granting the chief judge of the
 2478         judicial circuit authority to protect due process
 2479         rights in certain circumstances; amending s. 57.105,
 2480         F.S.; limiting attorney fee awards in civil
 2481         proceedings in certain circumstances; creating s.
 2482         322.75, F.S.; requiring each judicial circuit to
 2483         establish a Driver License Reinstatement Days program
 2484         for reinstating suspended driver licenses in certain
 2485         circumstances; providing duties of the clerks of court
 2486         and the Department of Highway Safety and Motor
 2487         Vehicles; authorizing the clerk of court to compromise
 2488         on certain fees and costs; providing for program
 2489         eligibility; amending 784.046, F.S.; prohibiting
 2490         attorney fee awards in certain proceedings; amending
 2491         s. 784.0485, F.S.; prohibiting attorney fee awards in
 2492         certain proceedings; amending s. 893.135, F.S.;
 2493         authorizing a court to impose a sentence other than a
 2494         mandatory minimum term of imprisonment and mandatory
 2495         fine for a person convicted of trafficking if the
 2496         court makes certain findings on the record; creating
 2497         s. 900.05, F.S.; providing legislative intent;
 2498         providing definitions; requiring specified entities to
 2499         collect specific data monthly beginning on a certain
 2500         date; requiring specified entities to transmit certain
 2501         collected data to the Department of Law Enforcement
 2502         quarterly; requiring the Department of Law Enforcement
 2503         to compile, maintain, and make publicly accessible
 2504         such data beginning on a certain date; creating a
 2505         pilot project in a specified judicial circuit to
 2506         improve criminal justice data transparency and ensure
 2507         data submitted under s. 900.05, F.S., is accurate,
 2508         valid, reliable, and structured; authorizing certain
 2509         persons to enter into a memorandum of understanding
 2510         with a national, nonpartisan, not-for-profit entity
 2511         meeting certain criteria for the purpose of embedding
 2512         a data fellow in the office or agency; establishing
 2513         data fellow duties and responsibilities; providing for
 2514         the expiration of the pilot project; providing an
 2515         appropriation; creating s. 907.042, F.S.; authorizing
 2516         each county to create a supervised bond release
 2517         program; providing legislative findings; providing a
 2518         supervised bond program must be created with the
 2519         concurrence of the chief judge, county’s chief
 2520         correctional officer, state attorney, and public
 2521         defender; providing an exception to a county that has
 2522         already established and implemented a supervised bond
 2523         program that utilizes a risk assessment instrument;
 2524         providing specified program components; providing
 2525         guidelines for the risk assessment instrument;
 2526         authorizing the county to contract with the Department
 2527         of Corrections to develop or modify a risk assessment
 2528         instrument if such instrument meets certain
 2529         requirements; authorizing a county to develop or use
 2530         an existing risk assessment instrument if validated by
 2531         the department and such instrument meets certain
 2532         requirements; authorizing a county to contract with
 2533         another county for the use of a risk assessment
 2534         instrument if validated and such instrument meets
 2535         certain requirements; authorizing the county to
 2536         contract with an independent entity for use of a risk
 2537         assessment instrument if validated and such instrument
 2538         meets certain requirements; specifying requirements
 2539         for the use, implementation, and distribution of the
 2540         risk assessment instrument; requiring each county that
 2541         establishes a supervised bond program to submit a
 2542         report annually by a certain date to the Office of
 2543         Program Policy Analysis and Government Accountability
 2544         (OPPAGA); requiring OPPAGA to compile the reports and
 2545         include such information in a report sent to the
 2546         Governor, President of the Senate, and Speaker of the
 2547         House of Representatives in accordance with s.
 2548         907.044, F.S.; creating s. 907.0421, F.S.; providing
 2549         legislative findings; requiring the Department of
 2550         Corrections to develop a risk assessment instrument;
 2551         authorizing the department to use or modify an
 2552         existing risk assessment instrument; requiring the
 2553         department to develop or modify the risk assessment
 2554         instrument by a certain date; specifying requirements
 2555         for the use, implementation, and distribution of the
 2556         risk assessment instrument; creating the Risk
 2557         Assessment Pilot Program for a specified period;
 2558         specifying the participating counties; requiring each
 2559         participating county’s chief correctional officer to
 2560         contract with the department to administer the risk
 2561         assessment instrument; requiring all counties to
 2562         administer the risk assessment instrument to all
 2563         persons arrested for a felony; requiring each
 2564         participating county to submit a report annually by a
 2565         certain date to the department with specified
 2566         information; requiring the department to compile the
 2567         information of the findings from the participating
 2568         counties and submit an annual report by a certain date
 2569         to the Governor and the Legislature; authorizing the
 2570         department, in consultation with specified persons, to
 2571         adopt rules; amending s. 907.043, F.S.; requiring each
 2572         pretrial release program to include in its annual
 2573         report the types of criminal charges of defendants
 2574         accepted into a pretrial release program, the number
 2575         of defendants accepted into a pretrial release program
 2576         who paid a bail or bond, the number of defendants
 2577         accepted into a pretrial release program with no prior
 2578         criminal conviction, and the number of defendants for
 2579         whom a pretrial risk assessment tool was used or was
 2580         not used; creating a pilot project in a specified
 2581         judicial circuit to improve criminal justice data
 2582         transparency and ensure data submitted under s.
 2583         900.05, F.S., is accurate, valid, reliable, and
 2584         structured; authorizing certain persons to enter into
 2585         a memorandum of understanding with a national,
 2586         nonpartisan, not-for-profit entity meeting certain
 2587         criteria for the purpose of embedding a data fellow in
 2588         the office or agency; establishing data fellow duties
 2589         and responsibilities; providing for the expiration of
 2590         the pilot project; providing an appropriation;
 2591         amending s. 921.0024, F.S.; requiring scoresheets
 2592         prepared for all criminal defendants to be digitized;
 2593         requiring the Department of Corrections to develop and
 2594         submit revised digitized scoresheets to the Supreme
 2595         Court for approval; requiring digitized scoresheets to
 2596         include individual data cells for each field on the
 2597         scoresheet; requiring the clerk of court to
 2598         electronically transmit the digitized scoresheet used
 2599         in each sentencing proceeding to the Department of
 2600         Corrections; amending s. 932.7061, F.S.; revising the
 2601         deadline for submitting an annual report by law
 2602         enforcement agencies concerning property seized or
 2603         forfeited under the Florida Contraband Forfeiture Act;
 2604         creating s. 943.687, F.S.; requiring the Department of
 2605         Law Enforcement to collect, compile, maintain, and
 2606         manage data collected pursuant to s. 900.05, F.S.;
 2607         requiring the Department of Law Enforcement to make
 2608         data comparable, transferable, and readily usable;
 2609         requiring the department to create a unique identifier
 2610         for each criminal case received from the clerks of
 2611         court; requiring the department to create and maintain
 2612         a certain Internet-based database; providing
 2613         requirements for data searchability and sharing;
 2614         requiring the department to establish certain rules;
 2615         requiring the department to monitor data collection
 2616         procedures and test data quality; providing for data
 2617         archiving, editing, retrieval, and verification;
 2618         amending s. 944.704, F.S.; requiring transition
 2619         assistance staff to include information about job
 2620         assignment credentialing and industry certification in
 2621         job placement information given to an inmate; amending
 2622         s. 944.705, F.S.; requiring the Department of
 2623         Corrections to provide a comprehensive community
 2624         reentry resource directory to each inmate prior to
 2625         release; requiring the department to allow nonprofit
 2626         faith-based, business and professional, civic, and
 2627         community organizations to apply to be registered to
 2628         provide inmate reentry services; requiring the
 2629         department to adopt policies for screening, approving,
 2630         and registering organizations that apply; authorizing
 2631         the department to contract with public or private
 2632         educational institutions to assist veteran inmates in
 2633         applying for certain benefits; amending s. 944.801,
 2634         F.S.; requiring the department to develop a Prison
 2635         Entrepreneurship Program and adopt procedures for
 2636         student inmate admission; specifying requirements for
 2637         the program; requiring the department to enter into
 2638         agreements with certain entities to carry out duties
 2639         associated with the program; authorizing the
 2640         department to contract with certain entities to
 2641         provide education services for the Correctional
 2642         Education Program; creating s. 944.805, F.S.; creating
 2643         definitions relating to a certificate of achievement
 2644         and employability; creating s. 944.8055, F.S.;
 2645         establishing eligibility requirements; establishing a
 2646         timeframe for an eligible inmate to apply for a
 2647         certificate; establishing eligibility requirements for
 2648         an inmate under probation or post-control sanction;
 2649         establishing a timeframe for an eligible inmate under
 2650         probation or post-control sanction to apply for a
 2651         certificate; requiring the department to notify a
 2652         licensing agency upon the filing of an application and
 2653         provide the opportunity to object to issuing a
 2654         certificate; authorizing the department to issue a
 2655         certificate; excluding mandatory civil impacts for
 2656         which a certificate will not provide relief; requiring
 2657         the department to adopt rules; creating s. 944.806,
 2658         F.S.; providing a certificate of achievement and
 2659         employability shall convert a mandatory civil impact
 2660         into a discretionary civil impact for purposes of
 2661         determining licensure or certification; providing a
 2662         certificate shall convert a mandatory civil impact
 2663         into a discretionary civil impact for purposes of
 2664         determining licensure or certification for an employer
 2665         who has hired a certificate holder; creating s.
 2666         944.8065, F.S.; requiring the department to adopt
 2667         rules governing revocation of a certificate of
 2668         achievement and employability; creating s. 945.041,
 2669         F.S.; requiring the Department of Corrections to
 2670         publish quarterly on its website inmate admissions
 2671         based on offense type and the recidivism rate and rate
 2672         of probation revocation within a specified period
 2673         after release from incarceration; amending s. 947.005,
 2674         F.S.; defining the terms "electronic monitoring
 2675         device" and "conditional medical release"; amending s.
 2676         947.149, F.S.; defining the terms “inmate with a
 2677         debilitating illness” and "medically frail inmate";
 2678         amending the definition of "terminally ill inmate";
 2679         expanding eligibility for conditional medical release
 2680         to include inmates with debilitating illnesses;
 2681         entitling the current conditional medical release
 2682         process as "permissive conditional medical release";
 2683         requiring the Department of Corrections to refer
 2684         eligible inmates; authorizing the Florida Commission
 2685         on Offender Review to release eligible inmates;
 2686         creating mandatory conditional medical release;
 2687         specifying eligibility criteria for mandatory
 2688         conditional medical release; requiring the department
 2689         to refer an eligible inmate to the commission;
 2690         requiring that certain inmates whose eligibility is
 2691         verified by the commission be placed on conditional
 2692         medical release; requiring the commission to review
 2693         the information and verify an inmate’s eligibility
 2694         within a certain timeframe; requiring that the
 2695         department’s referral for release include certain
 2696         information; requiring that release consider specified
 2697         factors related to placement upon release; authorizing
 2698         electronic monitoring for an inmate on conditional
 2699         medical release; amending s. 948.001, F.S.; revising a
 2700         definition; amending s. 948.013, F.S.; authorizing the
 2701         Department of Corrections to transfer an offender to
 2702         administrative probation in certain circumstances;
 2703         amending s. 948.03, F.S.; requiring the Department of
 2704         Corrections to include conditions of probation in the
 2705         Florida Crime Information Center database; amending s.
 2706         948.06, F.S.; requiring each judicial circuit to
 2707         establish an alternative sanctioning program; defining
 2708         low- and moderate-risk level technical violations of
 2709         probation; establishing permissible sanctions for low-
 2710         and moderate-risk violations of probation under the
 2711         program; establishing eligibility criteria;
 2712         authorizing a probationer who allegedly committed a
 2713         technical violation to waive participation in or elect
 2714         to participate in the program, admit to the violation,
 2715         agree to comply with the recommended sanction, and
 2716         agree to waive certain rights; requiring a probation
 2717         officer to submit the recommended sanction and certain
 2718         documentation to the court if the probationer admits
 2719         to committing the violation; authorizing the court to
 2720         impose the recommended sanction or direct the
 2721         department to submit a violation report, affidavit,
 2722         and warrant to the court; specifying that a
 2723         probationer’s participation in the program is
 2724         voluntary; authorizing a probation officer to submit a
 2725         violation report, affidavit, and warrant to the court
 2726         in certain circumstances; creating s. 948.081, F.S.;
 2727         authorizing the establishment of community court
 2728         programs; detailing program criteria; reenacting s.
 2729         932.7062, F.S., relating to a penalty for
 2730         noncompliance with reporting requirements, to
 2731         incorporate the amendment made to s. 932.7061, F.S.,
 2732         in a reference thereto; reenacting ss. 447.203(3),
 2733         F.S., and 944.026(3), F.S., relating to definitions
 2734         and community-based facilities, to incorporate the
 2735         amendment made to s. 944.801, F.S., in references
 2736         thereto; reenacting ss. 316.1935(6), 775.084(4)(k),
 2737         775.087(2)(b) and(3)(b), 784.07(3), 790.235(1),
 2738         794.0115(7), 893.135(1)(b), (c), and (g) and (3),
 2739         921.0024(2), 944.605(7)(b), 944.70(1)(b),
 2740         947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
 2741         relating to authorized conditional medical release
 2742         granted under s. 947.149, F.S., to incorporate the
 2743         amendment made to s. 947.149, F.S., in references
 2744         thereto; providing an effective date.