Florida Senate - 2020                                     SB 556
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00765-20                                            2020556__
    1                        A bill to be entitled                      
    2         An act relating to inmate conditional medical release;
    3         creating s. 945.0911, F.S.; establishing the
    4         conditional medical release program within the
    5         Department of Corrections; establishing a panel to
    6         consider specified matters; defining terms; providing
    7         for program eligibility; requiring any inmate who
    8         meets certain criteria to be considered for
    9         conditional medical release; providing that the inmate
   10         does not have a right to release or to a certain
   11         medical evaluation; requiring the department to
   12         identify eligible inmates; requiring the department to
   13         refer an inmate to the panel for consideration;
   14         providing for victim notification in certain
   15         circumstances; requiring the panel to conduct a
   16         hearing within a specified timeframe; specifying
   17         requirements for the hearing; providing a review
   18         process for an inmate who is denied release; providing
   19         conditions for release; providing that a medical
   20         releasee remains in the care, custody, supervision,
   21         and control of the department and is eligible to earn
   22         or lose gain-time; prohibiting a medical releasee or
   23         his or her community-based housing from being counted
   24         in the prison system population and the prison
   25         capacity figures, respectively; providing for the
   26         revocation of an inmate’s conditional medical release;
   27         authorizing the medical releasee to be returned to the
   28         department’s custody if his or her medical or physical
   29         condition improves; requiring a majority of the panel
   30         members to agree on the appropriateness of revocation;
   31         providing that gain-time is not forfeited for
   32         revocation based on improvement in the inmate’s
   33         condition; providing a review process for an inmate
   34         who has his or her release revoked; authorizing the
   35         medical releasee to be recommitted if he or she
   36         violates any conditions of the release; requiring that
   37         the medical releasee be detained if a violation is
   38         based on certain circumstances; requiring that a
   39         majority of the panel members agree on the
   40         appropriateness of revocation; authorizing the
   41         forfeiture of gain-time if the revocation is based on
   42         certain violations; providing a review process for an
   43         inmate who has his or her release revoked; requiring
   44         that the medical releasee be given specified
   45         information in certain instances; providing rulemaking
   46         authority; repealing s. 947.149, F.S., relating to
   47         conditional medical release; amending ss. 316.1935,
   48         775.084, 775.087, 784.07, 790.235, 794.0115, 893.135,
   49         921.0024, 944.605, 944.70, 947.13, and 947.141, F.S.;
   50         conforming cross-references to changes made by the
   51         act; providing an effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Section 945.0911, Florida Statutes, is created
   56  to read:
   57         945.0911 Conditional medical release.—
   58         (1) CREATION.—There is established a conditional medical
   59  release program within the department for the purpose of
   60  determining whether release is appropriate for eligible inmates,
   61  supervising the released inmates, and conducting revocation
   62  hearings as provided for in this section. The establishment of
   63  the conditional medical release program must include a panel of
   64  at least three people appointed by the secretary or his or her
   65  designee for the purpose of determining the appropriateness of
   66  conditional medical release and conducting revocation hearings
   67  on the inmate releases.
   68         (2)DEFINITIONS.—As used in this section, the term:
   69         (a) “Inmate with a debilitating illness” means an inmate
   70  who is determined to be suffering from a significant terminal or
   71  nonterminal condition, disease, or syndrome that has rendered
   72  the inmate so physically or cognitively impaired, debilitated,
   73  or incapacitated as to create a reasonable probability that the
   74  inmate does not constitute a danger to herself or himself or to
   75  others.
   76         (b) “Permanently incapacitated inmate” means an inmate who
   77  has a condition caused by injury, disease, or illness which, to
   78  a reasonable degree of medical certainty, renders the inmate
   79  permanently and irreversibly physically incapacitated to the
   80  extent that the inmate does not constitute a danger to herself
   81  or himself or to others.
   82         (c) “Terminally ill inmate” means an inmate who has a
   83  condition caused by injury, disease, or illness that, to a
   84  reasonable degree of medical certainty, renders the inmate
   85  terminally ill to the extent that there can be no recovery,
   86  death is expected within 12 months, and the inmate does not
   87  constitute a danger to herself or himself or to others.
   88         (3) ELIGIBILITY.—An inmate is eligible for consideration
   89  for release under the conditional medical release program when
   90  the inmate, because of an existing medical or physical
   91  condition, is determined by the department to be an inmate with
   92  a debilitating illness, a permanently incapacitated inmate, or a
   93  terminally ill inmate.
   94         (4) REFERRAL FOR CONSIDERATION.—
   95         (a)1.Notwithstanding any provision to the contrary, any
   96  inmate in the custody of the department who meets one or more of
   97  the eligibility requirements under subsection (3) must be
   98  considered for conditional medical release.
   99         2. The authority to grant conditional medical release rests
  100  solely with the department. An inmate does not have a right to
  101  release or to a medical evaluation to determine eligibility for
  102  release pursuant to this section.
  103         (b) The department must identify inmates who may be
  104  eligible for conditional medical release based upon available
  105  medical information. In considering an inmate for conditional
  106  medical release, the department may require additional medical
  107  evidence, including examinations of the inmate, or any other
  108  additional investigations the department deems necessary for
  109  determining the appropriateness of the eligible inmate’s
  110  release.
  111         (c) The department must refer an inmate to the panel
  112  established under subsection (1) for review and determination of
  113  conditional medical release upon his or her identification as
  114  potentially eligible for release pursuant to this section.
  115         (d) If the case that resulted in the inmate’s commitment to
  116  the department involved a victim, and the victim specifically
  117  requested notification pursuant to s. 16, Art. I of the State
  118  Constitution, the department must notify the victim of the
  119  inmate’s referral to the panel immediately upon identification
  120  of the inmate as potentially eligible for release under this
  121  section. Additionally, the victim must be afforded the right to
  122  be heard regarding the release of the inmate.
  123         (5) DETERMINATION OF RELEASE.—
  124         (a) Within 45 days after receiving the referral, the panel
  125  established in subsection (1) must conduct a hearing to
  126  determine whether conditional medical release is appropriate for
  127  the inmate. Before the hearing, the director of inmate health
  128  services or his or her designee must review any relevant
  129  information, including, but not limited to, medical evidence,
  130  and provide the panel with a recommendation regarding the
  131  appropriateness of releasing the inmate pursuant to this
  132  section.
  133         (b) A majority of the panel members must agree that release
  134  pursuant to this section is appropriate for the inmate.
  135         (c) An inmate who is denied conditional medical release by
  136  the panel may have the decision reviewed by the department’s
  137  general counsel and chief medical officer, who must make a
  138  recommendation to the secretary. The secretary must review all
  139  relevant information and make a final decision about the
  140  appropriateness of conditional medical release pursuant to this
  141  section. The decision of the secretary is a final administrative
  142  decision not subject to appeal. An inmate who is denied
  143  conditional medical release may be subsequently reconsidered for
  144  such release in a manner prescribed by department rule.
  145         (6) RELEASE CONDITIONS.—
  146         (a) An inmate granted release pursuant to this section is
  147  released for a period equal to the length of time remaining on
  148  his or her term of imprisonment on the date the release is
  149  granted. The medical releasee must comply with all reasonable
  150  conditions of release the department imposes, which must
  151  include, at a minimum:
  152         1. Periodic medical evaluations at intervals determined by
  153  the department at the time of release.
  154         2. Supervision by an officer trained to handle special
  155  offender caseloads.
  156         3. Active electronic monitoring, if such monitoring is
  157  determined to be necessary to ensure the safety of the public
  158  and the releasee’s compliance with release conditions.
  159         4. Any conditions of community control provided for in s.
  160  948.101.
  161         5. Any other conditions the department deems appropriate to
  162  ensure the safety of the community and compliance by the medical
  163  releasee.
  164         (b) A medical releasee is considered to be in the care,
  165  custody, supervision, and control of the department and remains
  166  eligible to earn or lose gain-time in accordance with s. 944.275
  167  and department rule. The medical releasee may not be counted in
  168  the prison system population, and the medical releasee’s
  169  approved community-based housing location may not be counted in
  170  the capacity figures for the prison system.
  171         (7) REVOCATION HEARING AND RECOMMITMENT.—
  172         (a)1.If the medical releasee’s supervision officer
  173  discovers that the medical or physical condition of the medical
  174  releasee has improved to the extent that she or he would no
  175  longer be eligible for release under this section, then the
  176  conditional medical release may be revoked. The department may
  177  order, as prescribed by department rule, that the medical
  178  releasee be returned to the custody of the department for a
  179  conditional medical release revocation hearing or may allow the
  180  medical releasee to remain in the community pending the
  181  revocation hearing.
  182         2. The revocation hearing must be conducted by the panel
  183  established in subsection (1). Before a revocation hearing
  184  pursuant to this paragraph, the director of inmate health
  185  services or his or her designee must review any medical evidence
  186  pertaining to the releasee and provide the panel with a
  187  recommendation regarding the medical releasee’s improvement and
  188  current medical or physical condition.
  189         3. A majority of the panel members must agree that
  190  revocation is appropriate for the medical releasee’s conditional
  191  medical release. If conditional medical release is revoked due
  192  to improvement in his or her medical or physical condition, the
  193  medical releasee must serve the balance of his or her sentence
  194  with credit for the time served on conditional medical release
  195  and without forfeiture of any gain-time accrued before
  196  recommitment. If the inmate whose conditional medical release is
  197  revoked due to an improvement in her or his medical or physical
  198  condition would otherwise be eligible for parole or any other
  199  release program, the inmate may be considered for such release
  200  program pursuant to law.
  201         4. A medical releasee whose release is revoked pursuant to
  202  this paragraph may have the decision reviewed by the
  203  department’s general counsel and chief medical officer, who must
  204  make a recommendation to the secretary. The secretary must
  205  review all relevant information and make a final decision about
  206  the appropriateness of the revocation of conditional medical
  207  release pursuant to this paragraph. The decision of the
  208  secretary is a final administrative decision not subject to
  209  appeal.
  210         (b)1. Conditional medical release may also be revoked for
  211  violation of any release conditions the department establishes,
  212  including, but not limited to, a new violation of law.
  213         2. If the basis of the violation of release conditions is
  214  related to a new violation of law, the medical releasee must be
  215  detained without bond until his or her initial appearance at
  216  which a judicial determination of probable cause is made. If the
  217  judge determines that there was no probable cause for the
  218  arrest, the medical releasee may be released. If the judge
  219  determines that there was probable cause for the arrest, the
  220  judge’s determination also constitutes reasonable grounds to
  221  believe that the offender violated the conditions of the
  222  release.
  223         3. The department must order that the medical releasee
  224  subject to revocation under this paragraph be returned to
  225  department custody for a conditional medical release revocation
  226  hearing as prescribed by department rule.
  227         4. A majority of the panel members must agree that
  228  revocation is appropriate for the medical releasee’s conditional
  229  medical release. If conditional medical release is revoked
  230  pursuant to this paragraph, the medical releasee must serve the
  231  balance of his or her sentence with credit for the actual time
  232  served on conditional medical release. The releasee’s gain-time
  233  accrued before recommitment may be forfeited pursuant to s.
  234  944.28(1). If the inmate whose conditional medical release is
  235  revoked subject to this paragraph would otherwise be eligible
  236  for parole or any other release program, he or she may be
  237  considered for such release program pursuant to law.
  238         5. A medical releasee whose release has been revoked
  239  pursuant to this paragraph may have the revocation reviewed by
  240  the department’s general counsel, who must make a recommendation
  241  to the secretary. The secretary must review all relevant
  242  information and make a final decision about the appropriateness
  243  of the revocation of conditional medical release pursuant to
  244  this paragraph. The decision of the secretary is a final
  245  administrative decision not subject to appeal.
  246         (c) If the medical releasee subject to revocation under
  247  paragraph (a) or paragraph (b) elects to proceed with a hearing,
  248  the releasee must be informed orally and in writing of the
  249  following:
  250         1. The alleged violation with which the releasee is
  251  charged.
  252         2. The releasee’s right to be represented by counsel.
  253  However, this subparagraph does not create a right to publicly
  254  funded legal counsel.
  255         3. The releasee’s right to be heard in person.
  256         4. The releasee’s right to secure, present, and compel the
  257  attendance of witnesses relevant to the proceeding.
  258         5. The releasee’s right to produce documents on his or her
  259  own behalf.
  260         6. The releasee’s right of access to all evidence used
  261  against the releasee and to confront and cross-examine adverse
  262  witnesses.
  263         7. The releasee’s right to waive the hearing.
  264         (8) RULEMAKING AUTHORITY.—The department may adopt rules as
  265  necessary to implement this section.
  266         Section 2. Section 947.149, Florida Statutes, is repealed.
  267         Section 3. Subsection (6) of section 316.1935, Florida
  268  Statutes, is amended to read:
  269         316.1935 Fleeing or attempting to elude a law enforcement
  270  officer; aggravated fleeing or eluding.—
  271         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  272  or withhold adjudication of guilt or imposition of sentence for
  273  any violation of this section. A person convicted and sentenced
  274  to a mandatory minimum term of incarceration under paragraph
  275  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  276  time under s. 944.275 or any form of discretionary early
  277  release, other than pardon or executive clemency or conditional
  278  medical release under s. 945.0911 s. 947.149, prior to serving
  279  the mandatory minimum sentence.
  280         Section 4. Paragraph (k) of subsection (4) of section
  281  775.084, Florida Statutes, is amended to read:
  282         775.084 Violent career criminals; habitual felony offenders
  283  and habitual violent felony offenders; three-time violent felony
  284  offenders; definitions; procedure; enhanced penalties or
  285  mandatory minimum prison terms.—
  286         (4)
  287         (k)1. A defendant sentenced under this section as a
  288  habitual felony offender, a habitual violent felony offender, or
  289  a violent career criminal is eligible for gain-time granted by
  290  the Department of Corrections as provided in s. 944.275(4)(b).
  291         2. For an offense committed on or after October 1, 1995, a
  292  defendant sentenced under this section as a violent career
  293  criminal is not eligible for any form of discretionary early
  294  release, other than pardon or executive clemency, or conditional
  295  medical release granted pursuant to s. 945.0911 s. 947.149.
  296         3. For an offense committed on or after July 1, 1999, a
  297  defendant sentenced under this section as a three-time violent
  298  felony offender shall be released only by expiration of sentence
  299  and shall not be eligible for parole, control release, or any
  300  form of early release.
  301         Section 5. Paragraph (b) of subsection (2) and paragraph
  302  (b) of subsection (3) of section 775.087, Florida Statutes, are
  303  amended to read:
  304         775.087 Possession or use of weapon; aggravated battery;
  305  felony reclassification; minimum sentence.—
  306         (2)
  307         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  308  (a)3. does not prevent a court from imposing a longer sentence
  309  of incarceration as authorized by law in addition to the minimum
  310  mandatory sentence, or from imposing a sentence of death
  311  pursuant to other applicable law. Subparagraph (a)1.,
  312  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  313  court to impose a lesser sentence than otherwise required by
  314  law.
  315  
  316  Notwithstanding s. 948.01, adjudication of guilt or imposition
  317  of sentence shall not be suspended, deferred, or withheld, and
  318  the defendant is not eligible for statutory gain-time under s.
  319  944.275 or any form of discretionary early release, other than
  320  pardon or executive clemency, or conditional medical release
  321  under s. 945.0911 s. 947.149, prior to serving the minimum
  322  sentence.
  323         (3)
  324         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  325  (a)3. does not prevent a court from imposing a longer sentence
  326  of incarceration as authorized by law in addition to the minimum
  327  mandatory sentence, or from imposing a sentence of death
  328  pursuant to other applicable law. Subparagraph (a)1.,
  329  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  330  court to impose a lesser sentence than otherwise required by
  331  law.
  332  
  333  Notwithstanding s. 948.01, adjudication of guilt or imposition
  334  of sentence shall not be suspended, deferred, or withheld, and
  335  the defendant is not eligible for statutory gain-time under s.
  336  944.275 or any form of discretionary early release, other than
  337  pardon or executive clemency, or conditional medical release
  338  under s. 945.0911 s. 947.149, prior to serving the minimum
  339  sentence.
  340         Section 6. Subsection (3) of section 784.07, Florida
  341  Statutes, is amended to read:
  342         784.07 Assault or battery of law enforcement officers,
  343  firefighters, emergency medical care providers, public transit
  344  employees or agents, or other specified officers;
  345  reclassification of offenses; minimum sentences.—
  346         (3) Any person who is convicted of a battery under
  347  paragraph (2)(b) and, during the commission of the offense, such
  348  person possessed:
  349         (a) A “firearm” or “destructive device” as those terms are
  350  defined in s. 790.001, shall be sentenced to a minimum term of
  351  imprisonment of 3 years.
  352         (b) A semiautomatic firearm and its high-capacity
  353  detachable box magazine, as defined in s. 775.087(3), or a
  354  machine gun as defined in s. 790.001, shall be sentenced to a
  355  minimum term of imprisonment of 8 years.
  356  
  357  Notwithstanding s. 948.01, adjudication of guilt or imposition
  358  of sentence shall not be suspended, deferred, or withheld, and
  359  the defendant is not eligible for statutory gain-time under s.
  360  944.275 or any form of discretionary early release, other than
  361  pardon or executive clemency, or conditional medical release
  362  under s. 945.0911 s. 947.149, prior to serving the minimum
  363  sentence.
  364         Section 7. Subsection (1) of section 790.235, Florida
  365  Statutes, is amended to read:
  366         790.235 Possession of firearm or ammunition by violent
  367  career criminal unlawful; penalty.—
  368         (1) Any person who meets the violent career criminal
  369  criteria under s. 775.084(1)(d), regardless of whether such
  370  person is or has previously been sentenced as a violent career
  371  criminal, who owns or has in his or her care, custody,
  372  possession, or control any firearm, ammunition, or electric
  373  weapon or device, or carries a concealed weapon, including a
  374  tear gas gun or chemical weapon or device, commits a felony of
  375  the first degree, punishable as provided in s. 775.082, s.
  376  775.083, or s. 775.084. A person convicted of a violation of
  377  this section shall be sentenced to a mandatory minimum of 15
  378  years’ imprisonment; however, if the person would be sentenced
  379  to a longer term of imprisonment under s. 775.084(4)(d), the
  380  person must be sentenced under that provision. A person
  381  convicted of a violation of this section is not eligible for any
  382  form of discretionary early release, other than pardon,
  383  executive clemency, or conditional medical release under s.
  384  945.0911 s. 947.149.
  385         Section 8. Subsection (7) of section 794.0115, Florida
  386  Statutes, is amended to read:
  387         794.0115 Dangerous sexual felony offender; mandatory
  388  sentencing.—
  389         (7) A defendant sentenced to a mandatory minimum term of
  390  imprisonment under this section is not eligible for statutory
  391  gain-time under s. 944.275 or any form of discretionary early
  392  release, other than pardon or executive clemency, or conditional
  393  medical release under s. 945.0911 s. 947.149, before serving the
  394  minimum sentence.
  395         Section 9. Paragraphs (b), (c), and (g) of subsection (1)
  396  and subsection (3) of section 893.135, Florida Statutes, are
  397  amended to read:
  398         893.135 Trafficking; mandatory sentences; suspension or
  399  reduction of sentences; conspiracy to engage in trafficking.—
  400         (1) Except as authorized in this chapter or in chapter 499
  401  and notwithstanding the provisions of s. 893.13:
  402         (b)1. Any person who knowingly sells, purchases,
  403  manufactures, delivers, or brings into this state, or who is
  404  knowingly in actual or constructive possession of, 28 grams or
  405  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  406  mixture containing cocaine, but less than 150 kilograms of
  407  cocaine or any such mixture, commits a felony of the first
  408  degree, which felony shall be known as “trafficking in cocaine,”
  409  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  410  If the quantity involved:
  411         a. Is 28 grams or more, but less than 200 grams, such
  412  person shall be sentenced to a mandatory minimum term of
  413  imprisonment of 3 years, and the defendant shall be ordered to
  414  pay a fine of $50,000.
  415         b. Is 200 grams or more, but less than 400 grams, such
  416  person shall be sentenced to a mandatory minimum term of
  417  imprisonment of 7 years, and the defendant shall be ordered to
  418  pay a fine of $100,000.
  419         c. Is 400 grams or more, but less than 150 kilograms, such
  420  person shall be sentenced to a mandatory minimum term of
  421  imprisonment of 15 calendar years and pay a fine of $250,000.
  422         2. Any person who knowingly sells, purchases, manufactures,
  423  delivers, or brings into this state, or who is knowingly in
  424  actual or constructive possession of, 150 kilograms or more of
  425  cocaine, as described in s. 893.03(2)(a)4., commits the first
  426  degree felony of trafficking in cocaine. A person who has been
  427  convicted of the first degree felony of trafficking in cocaine
  428  under this subparagraph shall be punished by life imprisonment
  429  and is ineligible for any form of discretionary early release
  430  except pardon or executive clemency or conditional medical
  431  release under s. 945.0911 s. 947.149. However, if the court
  432  determines that, in addition to committing any act specified in
  433  this paragraph:
  434         a. The person intentionally killed an individual or
  435  counseled, commanded, induced, procured, or caused the
  436  intentional killing of an individual and such killing was the
  437  result; or
  438         b. The person’s conduct in committing that act led to a
  439  natural, though not inevitable, lethal result,
  440  
  441  such person commits the capital felony of trafficking in
  442  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  443  person sentenced for a capital felony under this paragraph shall
  444  also be sentenced to pay the maximum fine provided under
  445  subparagraph 1.
  446         3. Any person who knowingly brings into this state 300
  447  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  448  and who knows that the probable result of such importation would
  449  be the death of any person, commits capital importation of
  450  cocaine, a capital felony punishable as provided in ss. 775.082
  451  and 921.142. Any person sentenced for a capital felony under
  452  this paragraph shall also be sentenced to pay the maximum fine
  453  provided under subparagraph 1.
  454         (c)1. A person who knowingly sells, purchases,
  455  manufactures, delivers, or brings into this state, or who is
  456  knowingly in actual or constructive possession of, 4 grams or
  457  more of any morphine, opium, hydromorphone, or any salt,
  458  derivative, isomer, or salt of an isomer thereof, including
  459  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  460  (3)(c)4., or 4 grams or more of any mixture containing any such
  461  substance, but less than 30 kilograms of such substance or
  462  mixture, commits a felony of the first degree, which felony
  463  shall be known as “trafficking in illegal drugs,” punishable as
  464  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  465  quantity involved:
  466         a. Is 4 grams or more, but less than 14 grams, such person
  467  shall be sentenced to a mandatory minimum term of imprisonment
  468  of 3 years and shall be ordered to pay a fine of $50,000.
  469         b. Is 14 grams or more, but less than 28 grams, such person
  470  shall be sentenced to a mandatory minimum term of imprisonment
  471  of 15 years and shall be ordered to pay a fine of $100,000.
  472         c. Is 28 grams or more, but less than 30 kilograms, such
  473  person shall be sentenced to a mandatory minimum term of
  474  imprisonment of 25 years and shall be ordered to pay a fine of
  475  $500,000.
  476         2. A person who knowingly sells, purchases, manufactures,
  477  delivers, or brings into this state, or who is knowingly in
  478  actual or constructive possession of, 28 grams or more of
  479  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  480  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  481  grams or more of any mixture containing any such substance,
  482  commits a felony of the first degree, which felony shall be
  483  known as “trafficking in hydrocodone,” punishable as provided in
  484  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  485         a. Is 28 grams or more, but less than 50 grams, such person
  486  shall be sentenced to a mandatory minimum term of imprisonment
  487  of 3 years and shall be ordered to pay a fine of $50,000.
  488         b. Is 50 grams or more, but less than 100 grams, such
  489  person shall be sentenced to a mandatory minimum term of
  490  imprisonment of 7 years and shall be ordered to pay a fine of
  491  $100,000.
  492         c. Is 100 grams or more, but less than 300 grams, such
  493  person shall be sentenced to a mandatory minimum term of
  494  imprisonment of 15 years and shall be ordered to pay a fine of
  495  $500,000.
  496         d. Is 300 grams or more, but less than 30 kilograms, such
  497  person shall be sentenced to a mandatory minimum term of
  498  imprisonment of 25 years and shall be ordered to pay a fine of
  499  $750,000.
  500         3. A person who knowingly sells, purchases, manufactures,
  501  delivers, or brings into this state, or who is knowingly in
  502  actual or constructive possession of, 7 grams or more of
  503  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  504  thereof, or 7 grams or more of any mixture containing any such
  505  substance, commits a felony of the first degree, which felony
  506  shall be known as “trafficking in oxycodone,” punishable as
  507  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  508  quantity involved:
  509         a. Is 7 grams or more, but less than 14 grams, such person
  510  shall be sentenced to a mandatory minimum term of imprisonment
  511  of 3 years and shall be ordered to pay a fine of $50,000.
  512         b. Is 14 grams or more, but less than 25 grams, such person
  513  shall be sentenced to a mandatory minimum term of imprisonment
  514  of 7 years and shall be ordered to pay a fine of $100,000.
  515         c. Is 25 grams or more, but less than 100 grams, such
  516  person shall be sentenced to a mandatory minimum term of
  517  imprisonment of 15 years and shall be ordered to pay a fine of
  518  $500,000.
  519         d. Is 100 grams or more, but less than 30 kilograms, such
  520  person shall be sentenced to a mandatory minimum term of
  521  imprisonment of 25 years and shall be ordered to pay a fine of
  522  $750,000.
  523         4.a. A person who knowingly sells, purchases, manufactures,
  524  delivers, or brings into this state, or who is knowingly in
  525  actual or constructive possession of, 4 grams or more of:
  526         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  527         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  528         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  529         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  530         (V) A fentanyl derivative, as described in s.
  531  893.03(1)(a)62.;
  532         (VI) A controlled substance analog, as described in s.
  533  893.0356, of any substance described in sub-sub-subparagraphs
  534  (I)-(V); or
  535         (VII) A mixture containing any substance described in sub
  536  sub-subparagraphs (I)-(VI),
  537  
  538  commits a felony of the first degree, which felony shall be
  539  known as “trafficking in fentanyl,” punishable as provided in s.
  540  775.082, s. 775.083, or s. 775.084.
  541         b. If the quantity involved under sub-subparagraph a.:
  542         (I) Is 4 grams or more, but less than 14 grams, such person
  543  shall be sentenced to a mandatory minimum term of imprisonment
  544  of 3 years, and shall be ordered to pay a fine of $50,000.
  545         (II) Is 14 grams or more, but less than 28 grams, such
  546  person shall be sentenced to a mandatory minimum term of
  547  imprisonment of 15 years, and shall be ordered to pay a fine of
  548  $100,000.
  549         (III) Is 28 grams or more, such person shall be sentenced
  550  to a mandatory minimum term of imprisonment of 25 years, and
  551  shall be ordered to pay a fine of $500,000.
  552         5. A person who knowingly sells, purchases, manufactures,
  553  delivers, or brings into this state, or who is knowingly in
  554  actual or constructive possession of, 30 kilograms or more of
  555  any morphine, opium, oxycodone, hydrocodone, codeine,
  556  hydromorphone, or any salt, derivative, isomer, or salt of an
  557  isomer thereof, including heroin, as described in s.
  558  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  559  more of any mixture containing any such substance, commits the
  560  first degree felony of trafficking in illegal drugs. A person
  561  who has been convicted of the first degree felony of trafficking
  562  in illegal drugs under this subparagraph shall be punished by
  563  life imprisonment and is ineligible for any form of
  564  discretionary early release except pardon or executive clemency
  565  or conditional medical release under s. 945.0911 s. 947.149.
  566  However, if the court determines that, in addition to committing
  567  any act specified in this paragraph:
  568         a. The person intentionally killed an individual or
  569  counseled, commanded, induced, procured, or caused the
  570  intentional killing of an individual and such killing was the
  571  result; or
  572         b. The person’s conduct in committing that act led to a
  573  natural, though not inevitable, lethal result,
  574  
  575  such person commits the capital felony of trafficking in illegal
  576  drugs, punishable as provided in ss. 775.082 and 921.142. A
  577  person sentenced for a capital felony under this paragraph shall
  578  also be sentenced to pay the maximum fine provided under
  579  subparagraph 1.
  580         6. A person who knowingly brings into this state 60
  581  kilograms or more of any morphine, opium, oxycodone,
  582  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  583  isomer, or salt of an isomer thereof, including heroin, as
  584  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  585  60 kilograms or more of any mixture containing any such
  586  substance, and who knows that the probable result of such
  587  importation would be the death of a person, commits capital
  588  importation of illegal drugs, a capital felony punishable as
  589  provided in ss. 775.082 and 921.142. A person sentenced for a
  590  capital felony under this paragraph shall also be sentenced to
  591  pay the maximum fine provided under subparagraph 1.
  592         (g)1. Any person who knowingly sells, purchases,
  593  manufactures, delivers, or brings into this state, or who is
  594  knowingly in actual or constructive possession of, 4 grams or
  595  more of flunitrazepam or any mixture containing flunitrazepam as
  596  described in s. 893.03(1)(a) commits a felony of the first
  597  degree, which felony shall be known as “trafficking in
  598  flunitrazepam,” punishable as provided in s. 775.082, s.
  599  775.083, or s. 775.084. If the quantity involved:
  600         a. Is 4 grams or more but less than 14 grams, such person
  601  shall be sentenced to a mandatory minimum term of imprisonment
  602  of 3 years, and the defendant shall be ordered to pay a fine of
  603  $50,000.
  604         b. Is 14 grams or more but less than 28 grams, such person
  605  shall be sentenced to a mandatory minimum term of imprisonment
  606  of 7 years, and the defendant shall be ordered to pay a fine of
  607  $100,000.
  608         c. Is 28 grams or more but less than 30 kilograms, such
  609  person shall be sentenced to a mandatory minimum term of
  610  imprisonment of 25 calendar years and pay a fine of $500,000.
  611         2. Any person who knowingly sells, purchases, manufactures,
  612  delivers, or brings into this state or who is knowingly in
  613  actual or constructive possession of 30 kilograms or more of
  614  flunitrazepam or any mixture containing flunitrazepam as
  615  described in s. 893.03(1)(a) commits the first degree felony of
  616  trafficking in flunitrazepam. A person who has been convicted of
  617  the first degree felony of trafficking in flunitrazepam under
  618  this subparagraph shall be punished by life imprisonment and is
  619  ineligible for any form of discretionary early release except
  620  pardon or executive clemency or conditional medical release
  621  under s. 945.0911 s. 947.149. However, if the court determines
  622  that, in addition to committing any act specified in this
  623  paragraph:
  624         a. The person intentionally killed an individual or
  625  counseled, commanded, induced, procured, or caused the
  626  intentional killing of an individual and such killing was the
  627  result; or
  628         b. The person’s conduct in committing that act led to a
  629  natural, though not inevitable, lethal result,
  630  
  631  such person commits the capital felony of trafficking in
  632  flunitrazepam, punishable as provided in ss. 775.082 and
  633  921.142. Any person sentenced for a capital felony under this
  634  paragraph shall also be sentenced to pay the maximum fine
  635  provided under subparagraph 1.
  636         (3) Notwithstanding the provisions of s. 948.01, with
  637  respect to any person who is found to have violated this
  638  section, adjudication of guilt or imposition of sentence shall
  639  not be suspended, deferred, or withheld, nor shall such person
  640  be eligible for parole prior to serving the mandatory minimum
  641  term of imprisonment prescribed by this section. A person
  642  sentenced to a mandatory minimum term of imprisonment under this
  643  section is not eligible for any form of discretionary early
  644  release, except pardon or executive clemency or conditional
  645  medical release under s. 945.0911 s. 947.149, prior to serving
  646  the mandatory minimum term of imprisonment.
  647         Section 10. Subsection (2) of section 921.0024, Florida
  648  Statutes, is amended to read:
  649         921.0024 Criminal Punishment Code; worksheet computations;
  650  scoresheets.—
  651         (2) The lowest permissible sentence is the minimum sentence
  652  that may be imposed by the trial court, absent a valid reason
  653  for departure. The lowest permissible sentence is any nonstate
  654  prison sanction in which the total sentence points equals or is
  655  less than 44 points, unless the court determines within its
  656  discretion that a prison sentence, which may be up to the
  657  statutory maximums for the offenses committed, is appropriate.
  658  When the total sentence points exceeds 44 points, the lowest
  659  permissible sentence in prison months shall be calculated by
  660  subtracting 28 points from the total sentence points and
  661  decreasing the remaining total by 25 percent. The total sentence
  662  points shall be calculated only as a means of determining the
  663  lowest permissible sentence. The permissible range for
  664  sentencing shall be the lowest permissible sentence up to and
  665  including the statutory maximum, as defined in s. 775.082, for
  666  the primary offense and any additional offenses before the court
  667  for sentencing. The sentencing court may impose such sentences
  668  concurrently or consecutively. However, any sentence to state
  669  prison must exceed 1 year. If the lowest permissible sentence
  670  under the code exceeds the statutory maximum sentence as
  671  provided in s. 775.082, the sentence required by the code must
  672  be imposed. If the total sentence points are greater than or
  673  equal to 363, the court may sentence the offender to life
  674  imprisonment. An offender sentenced to life imprisonment under
  675  this section is not eligible for any form of discretionary early
  676  release, except executive clemency or conditional medical
  677  release under s. 945.0911 s. 947.149.
  678         Section 11. Paragraph (b) of subsection (7) of section
  679  944.605, Florida Statutes, is amended to read:
  680         944.605 Inmate release; notification; identification card.—
  681         (7)
  682         (b) Paragraph (a) does not apply to inmates who:
  683         1. The department determines have a valid driver license or
  684  state identification card, except that the department shall
  685  provide these inmates with a replacement state identification
  686  card or replacement driver license, if necessary.
  687         2. Have an active detainer, unless the department
  688  determines that cancellation of the detainer is likely or that
  689  the incarceration for which the detainer was issued will be less
  690  than 12 months in duration.
  691         3. Are released due to an emergency release or a
  692  conditional medical release under s. 945.0911 s. 947.149.
  693         4. Are not in the physical custody of the department at or
  694  within 180 days before release.
  695         5. Are subject to sex offender residency restrictions, and
  696  who, upon release under such restrictions, do not have a
  697  qualifying address.
  698         Section 12. Subsection (1) of section 944.70, Florida
  699  Statutes, is amended to read:
  700         944.70 Conditions for release from incarceration.—
  701         (1)(a) A person who is convicted of a crime committed on or
  702  after October 1, 1983, but before January 1, 1994, may be
  703  released from incarceration only:
  704         1. Upon expiration of the person’s sentence;
  705         2. Upon expiration of the person’s sentence as reduced by
  706  accumulated gain-time;
  707         3. As directed by an executive order granting clemency;
  708         4. Upon attaining the provisional release date;
  709         5. Upon placement in a conditional release program pursuant
  710  to s. 947.1405; or
  711         6. Upon the granting of control release pursuant to s.
  712  947.146.
  713         (b) A person who is convicted of a crime committed on or
  714  after January 1, 1994, may be released from incarceration only:
  715         1. Upon expiration of the person’s sentence;
  716         2. Upon expiration of the person’s sentence as reduced by
  717  accumulated meritorious or incentive gain-time;
  718         3. As directed by an executive order granting clemency;
  719         4. Upon placement in a conditional release program pursuant
  720  to s. 947.1405 or a conditional medical release program pursuant
  721  to s. 945.0911 s. 947.149; or
  722         5. Upon the granting of control release, including
  723  emergency control release, pursuant to s. 947.146.
  724         Section 13. Paragraph (h) of subsection (1) of section
  725  947.13, Florida Statutes, is amended to read:
  726         947.13 Powers and duties of commission.—
  727         (1) The commission shall have the powers and perform the
  728  duties of:
  729         (h) Determining what persons will be released on
  730  conditional medical release under s. 947.149, establishing the
  731  conditions of conditional medical release, and determining
  732  whether a person has violated the conditions of conditional
  733  medical release and taking action with respect to such a
  734  violation.
  735         Section 14. Section 947.141, Florida Statutes, is amended
  736  to read:
  737         947.141 Violations of conditional release, control release,
  738  or conditional medical release or addiction-recovery
  739  supervision.—
  740         (1) If a member of the commission or a duly authorized
  741  representative of the commission has reasonable grounds to
  742  believe that an offender who is on release supervision under s.
  743  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  744  the terms and conditions of the release in a material respect,
  745  such member or representative may cause a warrant to be issued
  746  for the arrest of the releasee; if the offender was found to be
  747  a sexual predator, the warrant must be issued.
  748         (2) Upon the arrest on a felony charge of an offender who
  749  is on release supervision under s. 947.1405, s. 947.146, s.
  750  947.149, or s. 944.4731, the offender must be detained without
  751  bond until the initial appearance of the offender at which a
  752  judicial determination of probable cause is made. If the trial
  753  court judge determines that there was no probable cause for the
  754  arrest, the offender may be released. If the trial court judge
  755  determines that there was probable cause for the arrest, such
  756  determination also constitutes reasonable grounds to believe
  757  that the offender violated the conditions of the release. Within
  758  24 hours after the trial court judge’s finding of probable
  759  cause, the detention facility administrator or designee shall
  760  notify the commission and the department of the finding and
  761  transmit to each a facsimile copy of the probable cause
  762  affidavit or the sworn offense report upon which the trial court
  763  judge’s probable cause determination is based. The offender must
  764  continue to be detained without bond for a period not exceeding
  765  72 hours excluding weekends and holidays after the date of the
  766  probable cause determination, pending a decision by the
  767  commission whether to issue a warrant charging the offender with
  768  violation of the conditions of release. Upon the issuance of the
  769  commission’s warrant, the offender must continue to be held in
  770  custody pending a revocation hearing held in accordance with
  771  this section.
  772         (3) Within 45 days after notice to the Florida Commission
  773  on Offender Review of the arrest of a releasee charged with a
  774  violation of the terms and conditions of conditional release,
  775  control release, conditional medical release, or addiction
  776  recovery supervision, the releasee must be afforded a hearing
  777  conducted by a commissioner or a duly authorized representative
  778  thereof. If the releasee elects to proceed with a hearing, the
  779  releasee must be informed orally and in writing of the
  780  following:
  781         (a) The alleged violation with which the releasee is
  782  charged.
  783         (b) The releasee’s right to be represented by counsel.
  784         (c) The releasee’s right to be heard in person.
  785         (d) The releasee’s right to secure, present, and compel the
  786  attendance of witnesses relevant to the proceeding.
  787         (e) The releasee’s right to produce documents on the
  788  releasee’s own behalf.
  789         (f) The releasee’s right of access to all evidence used
  790  against the releasee and to confront and cross-examine adverse
  791  witnesses.
  792         (g) The releasee’s right to waive the hearing.
  793         (4) Within a reasonable time following the hearing, the
  794  commissioner or the commissioner’s duly authorized
  795  representative who conducted the hearing shall make findings of
  796  fact in regard to the alleged violation. A panel of no fewer
  797  than two commissioners shall enter an order determining whether
  798  the charge of violation of conditional release, control release,
  799  conditional medical release, or addiction-recovery supervision
  800  has been sustained based upon the findings of fact presented by
  801  the hearing commissioner or authorized representative. By such
  802  order, the panel may revoke conditional release, control
  803  release, conditional medical release, or addiction-recovery
  804  supervision and thereby return the releasee to prison to serve
  805  the sentence imposed, reinstate the original order granting the
  806  release, or enter such other order as it considers proper.
  807  Effective for inmates whose offenses were committed on or after
  808  July 1, 1995, the panel may order the placement of a releasee,
  809  upon a finding of violation pursuant to this subsection, into a
  810  local detention facility as a condition of supervision.
  811         (5) Effective for inmates whose offenses were committed on
  812  or after July 1, 1995, notwithstanding the provisions of ss.
  813  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
  814  951.23, or any other law to the contrary, by such order as
  815  provided in subsection (4), the panel, upon a finding of guilt,
  816  may, as a condition of continued supervision, place the releasee
  817  in a local detention facility for a period of incarceration not
  818  to exceed 22 months. Prior to the expiration of the term of
  819  incarceration, or upon recommendation of the chief correctional
  820  officer of that county, the commission shall cause inquiry into
  821  the inmate’s release plan and custody status in the detention
  822  facility and consider whether to restore the inmate to
  823  supervision, modify the conditions of supervision, or enter an
  824  order of revocation, thereby causing the return of the inmate to
  825  prison to serve the sentence imposed. The provisions of this
  826  section do not prohibit the panel from entering such other order
  827  or conducting any investigation that it deems proper. The
  828  commission may only place a person in a local detention facility
  829  pursuant to this section if there is a contractual agreement
  830  between the chief correctional officer of that county and the
  831  Department of Corrections. The agreement must provide for a per
  832  diem reimbursement for each person placed under this section,
  833  which is payable by the Department of Corrections for the
  834  duration of the offender’s placement in the facility. This
  835  section does not limit the commission’s ability to place a
  836  person in a local detention facility for less than 1 year.
  837         (6) Whenever a conditional release, control release,
  838  conditional medical release, or addiction-recovery supervision
  839  is revoked by a panel of no fewer than two commissioners and the
  840  releasee is ordered to be returned to prison, the releasee, by
  841  reason of the misconduct, shall be deemed to have forfeited all
  842  gain-time or commutation of time for good conduct, as provided
  843  for by law, earned up to the date of release. However, if a
  844  conditional medical release is revoked due to the improved
  845  medical or physical condition of the releasee, the releasee
  846  shall not forfeit gain-time accrued before the date of
  847  conditional medical release. This subsection does not deprive
  848  the prisoner of the right to gain-time or commutation of time
  849  for good conduct, as provided by law, from the date of return to
  850  prison.
  851         (7) If a law enforcement officer has probable cause to
  852  believe that an offender who is on release supervision under s.
  853  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  854  the terms and conditions of his or her release by committing a
  855  felony offense, the officer shall arrest the offender without a
  856  warrant, and a warrant need not be issued in the case.
  857         Section 15. This act shall take effect October 1, 2020.