HB 7085

1	A bill to be entitled
2	An act relating to criminal justice; amending s. 940.061,
3	F.S.; requiring the Department of Corrections to send the
4	Parole Commission a monthly electronic list containing the
5	names of inmates released from incarceration and offenders
6	who have been terminated from supervision and who may be
7	eligible for restoration of civil rights; repealing s.
8	944.293, F.S., relating to procedures for initiation of
9	civil rights restoration; amending s. 944.35, F.S.;
10	applying provisions prohibiting sexual misconduct to
11	employees of private correctional facilities; providing
12	penalties; creating s. 945.604, F.S.; defining the term
13	"claim" for purposes of the State of Florida Correctional
14	Medical Authority act; providing for filing and payment of
15	medical claims for payment or underpayment; providing for
16	filing and payment of claims for overpayment; providing
17	for recovery of overpayment of claims; creating s.
18	945.6041, F.S.; providing definitions; providing limits on
19	reimbursement for certain inmate medical expenses when
20	there is no contract between the Department of Corrections
21	or a private correctional facility and the health care
22	provider or provider of emergency medical transportation
23	services; amending s. 947.1405, F.S.; providing that
24	persons on supervision who are electronically monitored
25	pay for the monitoring; providing exceptions; providing
26	for disposition of funds collected; amending s. 948.001,
27	F.S.; deleting the definition of the term "criminal
28	quarantine community control"; amending s. 775.0877, F.S.;
29	revising the penalty for criminal transmission of HIV;
30	conforming provisions to changes made by the act; amending
31	ss. 384.34, 796.08, and 921.187, F.S.; conforming
32	provisions to changes made by the act; amending s. 948.01,
33	F.S.; requiring a court placing a person on community
34	supervision to use the orders of supervision provided by
35	the Department of Corrections; amending s. 948.03, F.S.;
36	providing as a condition of probation, community control,
37	or any other form of court-ordered supervision that an
38	offender live without violating any law; providing that a
39	conviction in a court of law is not necessary for a
40	violation of law to constitute a violation of such a
41	condition; eliminating a requirement that a probation
42	officer consent to possession of a firearm by a
43	probationer with court authorization; requiring that an
44	offender on probation or community control submit to the
45	taking of a digitized photograph; providing for display of
46	such photographs on the department's public website while
47	the offender is on supervision; providing exceptions;
48	amending s. 948.09, F.S.; revising language relating to
49	payments by persons on supervision for the costs of
50	electronic monitoring services; providing exemptions;
51	conforming a cross-reference; amending s. 948.101, F.S.;
52	deleting provisions relating to criminal quarantine
53	community control; amending s. 948.11, F.S.; deleting
54	provisions relating to criminal quarantine community
55	control; deleting the requirement that for offenders being
56	electronically monitored, the Department of Corrections
57	develop specified procedures concerning offender's
58	noncompliance; deleting a provision allowing the
59	Department of Corrections to contract for local law
60	enforcement assistance with noncompliant offenders;
61	revising language relating to payment for electronic
62	monitoring to conform to changes made by the act; amending
63	s. 951.23, F.S.; eliminating the requirements for
64	collection of certain information from the administrator
65	of each county detention facility; correcting a cross-
66	reference; amending s. 958.045, F.S.; requiring a report
67	to be submitted to the court concerning an offender's
68	performance while in youthful offender basic training
69	within a specified period prior to the offender's
70	scheduled release; providing for specified court actions
71	if the offender's performance is satisfactory; amending s.
72	960.292, F.S.; providing for retention of court
73	jurisdiction over certain offenders for a specified period
74	after release from incarceration or supervision for the
75	sole purpose of entering civil restitution orders;
76	amending s. 960.293, F.S.; providing that damages due from
77	an offender for correctional costs be based upon the
78	length of the sentence imposed by the court at the time of
79	sentencing; amending s. 960.297, F.S.; providing a time
80	period in which civil actions for the costs of
81	incarceration may be initiated; providing an effective
82	date.
83
84	Be It Enacted by the Legislature of the State of Florida:
85
86	Section 1.  Section 940.061, Florida Statutes, is amended
87	to read:
88	940.061  Informing persons about executive clemency and
89	restoration of civil rights.--The Department of Corrections
90	shall inform and educate inmates and offenders on community
91	supervision about the restoration of civil rights. The
92	Department of Corrections shall send the Parole Commission a
93	monthly electronic list containing the names of inmates released
94	from incarceration and offenders who have been terminated from
95	supervision and who may be eligible for restoration of civil
96	rights and assist eligible inmates and offenders on community
97	supervision with the completion of the application for the
98	restoration of civil rights.
99	Section 2.  Section 944.293, Florida Statutes, is repealed.
100	Section 3.  Paragraph (b) of subsection (3) of section
101	944.35, Florida Statutes, is amended to read:
102	944.35  Authorized use of force; malicious battery and
103	sexual misconduct prohibited; reporting required; penalties.--
104	(3)
105	(b)1.  As used in this paragraph, the term "sexual
106	misconduct" means the oral, anal, or vaginal penetration by, or
107	union with, the sexual organ of another or the anal or vaginal
108	penetration of another by any other object, but does not include
109	an act done for a bona fide medical purpose or an internal
110	search conducted in the lawful performance of the employee's
111	duty.
112	2.  Any employee of the department or any employee of a
113	private correctional facility, as defined in s. 944.710, who
114	engages in sexual misconduct with an inmate or an offender
115	supervised by the department in the community, without
116	committing the crime of sexual battery, commits a felony of the
117	third degree, punishable as provided in s. 775.082, s. 775.083,
118	or s. 775.084.
119	3.  The consent of the inmate or offender supervised by the
120	department in the community to any act of sexual misconduct may
121	not be raised as a defense to a prosecution under this
122	paragraph.
123	4.  This paragraph does not apply to any employee of the
124	department or any employee of a private correctional facility
125	who is legally married to an inmate or an offender supervised by
126	the department in the community, nor does it apply to any
127	employee who has no knowledge, and would have no reason to
128	believe, that the person with whom the employee has engaged in
129	sexual misconduct is an inmate or an offender under community
130	supervision of the department.
131	Section 4.  Section 945.604, Florida Statutes, is created
132	to read:
133	945.604  Medical claims.--
134	(1)  DEFINITION OF "CLAIM."--As used in this section, for a
135	noninstitutional health care provider the term "claim" means a
136	paper or electronic billing instrument submitted to the
137	department that consists of the HCFA 1500 data set, or its
138	successor, that has all mandatory entries for a physician
139	licensed under chapter 458, chapter 459, chapter 460, chapter
140	461, or chapter 463 or a psychologist licensed under chapter 490
141	or any appropriate billing instrument that has all mandatory
142	entries for any other noninstitutional health care provider. For
143	an institutional health care provider, the term "claim" means a
144	paper or electronic billing instrument submitted to the
145	department that consists of the UB-92 data set or its successor
146	with entries stated as mandatory by the National Uniform Billing
147	Committee.
148	(2)  SUBMISSION DATE.--Claims for payment or underpayment
149	are considered submitted on the date the claim for payment is
150	mailed or electronically transferred to the department by the
151	health care provider. Claims for overpayment are considered
152	submitted on the date the claim for overpayment is mailed or
153	electronically transferred to the health care provider by the
154	department.
155	(3)  CLAIMS FOR PAYMENT OR UNDERPAYMENT.--
156	(a)  Claims for payment or underpayment must be submitted
157	to the department within 6 months after the following have
158	occurred:
159	1.  The discharge of the inmate for inpatient services
160	rendered to the inmate or the date of service for outpatient
161	services rendered to the inmate; and
162	2.  The health care provider has been furnished with the
163	correct name and address of the department.
164	(b)  Claims for payment or underpayment must not duplicate
165	a claim previously submitted unless it is determined the
166	original claim was not received or is otherwise lost.
167	(c)  The department is not obligated to pay claims for
168	payment or underpayment that were not submitted in accordance
169	with paragraph (a).
170	(4)  CLAIMS FOR OVERPAYMENT.--
171	(a)  If the department determines that it has made an
172	overpayment to a health care provider for services rendered to
173	an inmate, it must make a claim for such overpayment to the
174	provider's designated location. The department shall provide a
175	written or electronic statement specifying the basis for
176	overpayment. The department must identify the claim or claims,
177	or overpayment claim portion thereof, for which a claim for
178	overpayment is submitted.
179	(b)  The department must submit a claim for overpayment to
180	a health care provider within 30 months after the department's
181	payment of the claim, except that claims for overpayment may be
182	submitted beyond that time from providers convicted of fraud
183	pursuant to s. 817.234.
184	(c)  Health care providers are not obligated to pay claims
185	for overpayment that were not submitted in accordance with
186	paragraph (b).
187	(d)  A health care provider must pay, deny, or contest the
188	department's claim for overpayment within 40 days after the
189	receipt of the claim for overpayment.
190	(e)  A health care provider that denies or contests the
191	department's claim for overpayment or any portion of a claim
192	shall notify the department, in writing, within 40 days after
193	the provider receives the claim. The notice that the claim for
194	overpayment is denied or contested must identify the contested
195	portion of the claim and the specific reason for contesting or
196	denying the claim and, if contested, must include a request for
197	additional information.
198	(f)  All contested claims for overpayment must be paid or
199	denied within 120 days after receipt of the claim. Failure to
200	pay or deny the claim for overpayment within 140 days after
201	receipt creates an uncontestable obligation to pay the claim.
202	(g)  The department may not reduce payment to the health
203	care provider for other services unless the provider agrees to
204	the reduction or fails to respond to the department's claim for
205	overpayment as required by this subsection.
206	(5)  NONWAIVER OF PROVISIONS.--The provisions of this
207	section may not be waived, voided, or nullified by contract.
208	Section 5.  Section 945.6041, Florida Statutes, is created
209	to read:
210	945.6041  Inmate medical services.--
211	(1)  As used in this section, the term:
212	(a)  "Emergency medical transportation services" includes,
213	but is not limited to, services rendered by ambulances,
214	emergency medical services vehicles, and air ambulances as those
215	terms are defined in s. 401.23.
216	(b)  "Health care provider" has the same meaning as
217	provided in s. 766.105.
218	(2)(a)  If no contract for the provision of inmate medical
219	services exists between the department and a health care
220	provider or between a private correctional facility, as defined
221	in s. 944.710, and a health care provider, compensation for such
222	services may not exceed 110 percent of the Medicare allowable
223	rate.
224	(b)  Notwithstanding paragraph (a), if no contract for the
225	provision of inmate medical services exists between the
226	department and a health care provider or between a private
227	correctional facility, as defined in s. 944.710, and a health
228	care provider that reported to the Agency for Health Care
229	Administration, through hospital-audited financial data, a
230	negative operating margin for the previous year, compensation
231	for such services may not exceed 125 percent of the Medicare
232	allowable rate.
233	(3)  If no contract for emergency medical transportation
234	services exists between the department and an entity that
235	provides emergency medical transportation services or between a
236	private correctional facility, as defined in s. 944.710, and an
237	entity that provides emergency medical transportation services,
238	compensation for such services may not exceed 110 percent of the
239	Medicare allowable rate.
240	(4)  This section is not applicable to charges for medical
241	services provided at any hospital operated by the department.
242	Section 6.  Paragraph (b) of subsection (7) of section
243	947.1405, Florida Statutes, is amended to read:
244	947.1405  Conditional release program.--
245	(7)
246	(b)  For a releasee whose crime was committed on or after
247	October 1, 1997, in violation of chapter 794, s. 800.04, s.
248	827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
249	conditional release supervision, in addition to any other
250	provision of this subsection, the commission shall impose the
251	following additional conditions of conditional release
252	supervision:
253	1.  As part of a treatment program, participation in a
254	minimum of one annual polygraph examination to obtain
255	information necessary for risk management and treatment and to
256	reduce the sex offender's denial mechanisms. The polygraph
257	examination must be conducted by a polygrapher trained
258	specifically in the use of the polygraph for the monitoring of
259	sex offenders, where available, and at the expense of the sex
260	offender. The results of the polygraph examination shall not be
261	used as evidence in a hearing to prove that a violation of
262	supervision has occurred.
263	2.  Maintenance of a driving log and a prohibition against
264	driving a motor vehicle alone without the prior approval of the
265	supervising officer.
266	3.  A prohibition against obtaining or using a post office
267	box without the prior approval of the supervising officer.
268	4.  If there was sexual contact, a submission to, at the
269	probationer's or community controllee's expense, an HIV test
270	with the results to be released to the victim or the victim's
271	parent or guardian.
272	5.  Electronic monitoring of any form when ordered by the
273	commission. Any person being electronically monitored by the
274	department as a result of placement on supervision shall be
275	required to pay the department for electronic monitoring
276	services at a rate that may not exceed the full cost of the
277	monitoring service. Funds collected pursuant to this
278	subparagraph shall be deposited in the General Revenue Fund. The
279	department may exempt a person from the payment of all or any
280	part of the electronic monitoring service if it finds that
281	factors exist as provided in s. 948.09(3).
282	Section 7.  Subsections (4) through (10) of section
283	948.001, Florida Statutes, are renumbered as subsections (3)
284	through (9), respectively, and subsection (3) of that section is
285	amended to read:
286	948.001  Definitions.--As used in this chapter, the term:
287	(3)  "Criminal quarantine community control" means
288	intensive supervision, by officers with restricted caseloads,
289	with a condition of 24-hour-per-day electronic monitoring, and a
290	condition of confinement to a designated residence during
291	designated hours.
292	Section 8.  Section 775.0877, Florida Statutes, is amended
293	to read:
294	775.0877  Criminal transmission of HIV; procedures;
295	penalties.--
296	(1)  In any case in which a person has been convicted of or
297	has pled nolo contendere or guilty to, regardless of whether
298	adjudication is withheld, any of the following offenses, or the
299	attempt thereof, which offense or attempted offense involves the
300	transmission of body fluids from one person to another:
301	(a)  Section 794.011, relating to sexual battery,
302	(b)  Section 826.04, relating to incest,
303	(c)  Section 800.04(1), (2), and (3), relating to lewd,
304	lascivious, or indecent assault or act upon any person less than
305	16 years of age,
306	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
307	relating to assault,
308	(e)  Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
309	relating to aggravated assault,
310	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
311	relating to battery,
312	(g)  Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
313	relating to aggravated battery,
314	(h)  Section 827.03(1), relating to child abuse,
315	(i)  Section 827.03(2), relating to aggravated child abuse,
316	(j)  Section 825.102(1), relating to abuse of an elderly
317	person or disabled adult,
318	(k)  Section 825.102(2), relating to aggravated abuse of an
319	elderly person or disabled adult,
320	(l)  Section 827.071, relating to sexual performance by
321	person less than 18 years of age,
322	(m)  Sections 796.03, 796.07, and 796.08, relating to
323	prostitution, or
324	(n)  Section 381.0041(11)(b), relating to donation of
325	blood, plasma, organs, skin, or other human tissue,
326
327	the court shall order the offender to undergo HIV testing, to be
328	performed under the direction of the Department of Health in
329	accordance with s. 381.004, unless the offender has undergone
330	HIV testing voluntarily or pursuant to procedures established in
331	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
332	rule providing for HIV testing of criminal offenders or inmates,
333	subsequent to her or his arrest for an offense enumerated in
334	paragraphs (a)-(n) for which she or he was convicted or to which
335	she or he pled nolo contendere or guilty. The results of an HIV
336	test performed on an offender pursuant to this subsection are
337	not admissible in any criminal proceeding arising out of the
338	alleged offense.
339	(2)  The results of the HIV test must be disclosed under
340	the direction of the Department of Health, to the offender who
341	has been convicted of or pled nolo contendere or guilty to an
342	offense specified in subsection (1), the public health agency of
343	the county in which the conviction occurred and, if different,
344	the county of residence of the offender, and, upon request
345	pursuant to s. 960.003, to the victim or the victim's legal
346	guardian, or the parent or legal guardian of the victim if the
347	victim is a minor.
348	(3)  An offender who has undergone HIV testing pursuant to
349	subsection (1), and to whom positive test results have been
350	disclosed pursuant to subsection (2), who commits a second or
351	subsequent offense enumerated in paragraphs (1)(a)-(n), commits
352	criminal transmission of HIV, a felony of the third degree,
353	punishable as provided in s. 775.082, s. 775.083, or s. 775.084
354	subsection (7). A person may be convicted and sentenced
355	separately for a violation of this subsection and for the
356	underlying crime enumerated in paragraphs (1)(a)-(n).
357	(4)  An offender may challenge the positive results of an
358	HIV test performed pursuant to this section and may introduce
359	results of a backup test performed at her or his own expense.
360	(5)  Nothing in this section requires that an HIV infection
361	have occurred in order for an offender to have committed
362	criminal transmission of HIV.
363	(6)  For an alleged violation of any offense enumerated in
364	paragraphs (1)(a)-(n) for which the consent of the victim may be
365	raised as a defense in a criminal prosecution, it is an
366	affirmative defense to a charge of violating this section that
367	the person exposed knew that the offender was infected with HIV,
368	knew that the action being taken could result in transmission of
369	the HIV infection, and consented to the action voluntarily with
370	that knowledge.
371	(7)  In addition to any other penalty provided by law for
372	an offense enumerated in paragraphs (1)(a)-(n), the court may
373	require an offender convicted of criminal transmission of HIV to
374	serve a term of criminal quarantine community control, as
375	described in s. 948.001.
376	Section 9.  Subsection (5) of section 384.34, Florida
377	Statutes, is amended to read:
378	384.34  Penalties.--
379	(5)  Any person who violates the provisions of s. 384.24(2)
380	commits a felony of the third degree, punishable as provided in
381	s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
382	person who commits multiple violations of the provisions of s.
383	384.24(2) commits a felony of the first degree, punishable as
384	provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
385	775.0877(7).
386	Section 10.  Subsection (5) of section 796.08, Florida
387	Statutes, is amended to read:
388	796.08  Screening for HIV and sexually transmissible
389	diseases; providing penalties.--
390	(5)  A person who:
391	(a)  Commits or offers to commit prostitution; or
392	(b)  Procures another for prostitution by engaging in
393	sexual activity in a manner likely to transmit the human
394	immunodeficiency virus,
395
396	and who, prior to the commission of such crime, had tested
397	positive for human immunodeficiency virus and knew or had been
398	informed that he or she had tested positive for human
399	immunodeficiency virus and could possibly communicate such
400	disease to another person through sexual activity commits
401	criminal transmission of HIV, a felony of the third degree,
402	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
403	or s. 775.0877(7). A person may be convicted and sentenced
404	separately for a violation of this subsection and for the
405	underlying crime of prostitution or procurement of prostitution.
406	Section 11.  Subsections (2) and (3) of section 921.187,
407	Florida Statutes, are amended to read:
408	921.187  Disposition and sentencing; alternatives;
409	restitution.--
410	(2)  In addition to any other penalty provided by law for
411	an offense enumerated in s. 775.0877(1)(a)-(n), if the offender
412	is convicted of criminal transmission of HIV pursuant to s.
413	775.0877, the court may sentence the offender to criminal
414	quarantine community control as described in s. 948.001.
415	(2)(3)  The court shall require an offender to make
416	restitution under s. 775.089, unless the court finds clear and
417	compelling reasons not to order such restitution. If the court
418	does not order restitution, or orders restitution of only a
419	portion of the damages, as provided in s. 775.089, the court
420	shall state the reasons on the record in detail. An order
421	requiring an offender to make restitution to a victim under s.
422	775.089 does not remove or diminish the requirement that the
423	court order payment to the Crimes Compensation Trust Fund under
424	chapter 960.
425	Section 12.  Subsection (1) of section 948.01, Florida
426	Statutes, is amended to read:
427	948.01  When court may place defendant on probation or into
428	community control.--
429	(1)(a)  Any court of the state having original jurisdiction
430	of criminal actions may at a time to be determined by the court,
431	either with or without an adjudication of the guilt of the
432	defendant, hear and determine the question of the probation of a
433	defendant in a criminal case, except for an offense punishable
434	by death, who has been found guilty by the verdict of a jury,
435	has entered a plea of guilty or a plea of nolo contendere, or
436	has been found guilty by the court trying the case without a
437	jury. If the court places the defendant on probation or into
438	community control for a felony, the department shall provide
439	immediate supervision by an officer employed in compliance with
440	the minimum qualifications for officers as provided in s.
441	943.13. In no circumstances shall a private entity provide
442	probationary or supervision services to felony or misdemeanor
443	offenders sentenced or placed on probation or other supervision
444	by the circuit court.
445	(b)  The court shall use the orders of supervision provided
446	by the Department of Corrections for all persons placed on
447	community supervision.
448	Section 13.  Subsection (1) of section 948.03, Florida
449	Statutes, is amended to read:
450	948.03  Terms and conditions of probation.--
451	(1)  The court shall determine the terms and conditions of
452	probation. Conditions specified in this section do not require
453	oral pronouncement at the time of sentencing and may be
454	considered standard conditions of probation. These conditions
455	may include among them the following, that the probationer or
456	offender in community control shall:
457	(a)  Report to the probation and parole supervisors as
458	directed.
459	(b)  Permit such supervisors to visit him or her at his or
460	her home or elsewhere.
461	(c)  Work faithfully at suitable employment insofar as may
462	be possible.
463	(d)  Remain within a specified place.
464	(e)  Live without violating any law. A conviction in a
465	court of law shall not be necessary for such a violation of law
466	to constitute a violation of probation, community control, or
467	any other form of court-ordered supervision.
468	(f)(e)  Make reparation or restitution to the aggrieved
469	party for the damage or loss caused by his or her offense in an
470	amount to be determined by the court. The court shall make such
471	reparation or restitution a condition of probation, unless it
472	determines that clear and compelling reasons exist to the
473	contrary. If the court does not order restitution, or orders
474	restitution of only a portion of the damages, as provided in s.
475	775.089, it shall state on the record in detail the reasons
476	therefor.
477	(g)(f)  Effective July 1, 1994, and applicable for offenses
478	committed on or after that date, make payment of the debt due
479	and owing to a county or municipal detention facility under s.
480	951.032 for medical care, treatment, hospitalization, or
481	transportation received by the felony probationer while in that
482	detention facility. The court, in determining whether to order
483	such repayment and the amount of such repayment, shall consider
484	the amount of the debt, whether there was any fault of the
485	institution for the medical expenses incurred, the financial
486	resources of the felony probationer, the present and potential
487	future financial needs and earning ability of the probationer,
488	and dependents, and other appropriate factors.
489	(h)(g)  Support his or her legal dependents to the best of
490	his or her ability.
491	(i)(h)  Make payment of the debt due and owing to the state
492	under s. 960.17, subject to modification based on change of
493	circumstances.
494	(j)(i)  Pay any application fee assessed under s.
495	27.52(1)(b) and attorney's fees and costs assessed under s.
496	938.29, subject to modification based on change of
497	circumstances.
498	(k)(j)  Not associate with persons engaged in criminal
499	activities.
500	(l)(k)1.  Submit to random testing as directed by the
501	correctional probation officer or the professional staff of the
502	treatment center where he or she is receiving treatment to
503	determine the presence or use of alcohol or controlled
504	substances.
505	2.  If the offense was a controlled substance violation and
506	the period of probation immediately follows a period of
507	incarceration in the state correction system, the conditions
508	shall include a requirement that the offender submit to random
509	substance abuse testing intermittently throughout the term of
510	supervision, upon the direction of the correctional probation
511	officer as defined in s. 943.10(3).
512	(m)(l)  Be prohibited from possessing, carrying, or owning
513	any firearm unless authorized by the court and consented to by
514	the probation officer.
515	(n)(m)  Be prohibited from using intoxicants to excess or
516	possessing any drugs or narcotics unless prescribed by a
517	physician. The probationer or community controllee shall not
518	knowingly visit places where intoxicants, drugs, or other
519	dangerous substances are unlawfully sold, dispensed, or used.
520	(o)(n)  Submit to the drawing of blood or other biological
521	specimens as prescribed in ss. 943.325 and 948.014, and
522	reimburse the appropriate agency for the costs of drawing and
523	transmitting the blood or other biological specimens to the
524	Department of Law Enforcement.
525	(p)  Submit to the taking of a digitized photograph by the
526	department as a part of the offender's records. This photograph
527	may be displayed on the department's public website while the
528	offender is on a form of court-ordered supervision, with the
529	exception of offenders on pretrial intervention supervision, or
530	who would otherwise be exempt from public records due to
531	provisions in s. 119.07.
532	Section 14.  Subsections (2) and (7) of section 948.09,
533	Florida Statutes, are amended to read:
534	948.09  Payment for cost of supervision and
535	rehabilitation.--
536	(2)  Any person being electronically monitored by the
537	department as a result of placement on supervision community
538	control shall be required to pay the department for electronic
539	monitoring services at a rate as a surcharge an amount that may
540	not exceed the full cost of the monitoring service in addition
541	to the cost of supervision fee as directed by the sentencing
542	court. Funds collected pursuant to this subsection The surcharge
543	shall be deposited in the General Revenue Fund. The department
544	may exempt a person from the payment of all or any part of the
545	electronic monitoring service if it finds that factors exist as
546	provided in subsection (3).
547	(7)  The department shall establish a payment plan for all
548	costs ordered by the courts for collection by the department and
549	a priority order for payments, except that victim restitution
550	payments authorized under s. 948.03(1)(f)(e) take precedence
551	over all other court-ordered payments. The department is not
552	required to disburse cumulative amounts of less than $10 to
553	individual payees established on this payment plan.
554	Section 15.  Section 948.101, Florida Statutes, is amended
555	to read:
556	948.101  Terms and conditions of community control and
557	criminal quarantine community control.--
558	(1)  The court shall determine the terms and conditions of
559	community control. Conditions specified in this subsection do
560	not require oral pronouncement at the time of sentencing and may
561	be considered standard conditions of community control.
562	(a)  The court shall require intensive supervision and
563	surveillance for an offender placed into community control,
564	which may include but is not limited to:
565	(a)1.  Specified contact with the parole and probation
566	officer.
567	(b)2.  Confinement to an agreed-upon residence during hours
568	away from employment and public service activities.
569	(c)3.  Mandatory public service.
570	(d)4.  Supervision by the Department of Corrections by
571	means of an electronic monitoring device or system.
572	(e)5.  The standard conditions of probation set forth in s.
573	948.03 or s. 948.30.
574	(b)  For an offender placed on criminal quarantine
575	community control, the court shall require:
576	1.  Electronic monitoring 24 hours per day.
577	2.  Confinement to a designated residence during designated
578	hours.
579	(2)  The enumeration of specific kinds of terms and
580	conditions does not prevent the court from adding thereto any
581	other terms or conditions that the court considers proper.
582	However, the sentencing court may only impose a condition of
583	supervision allowing an offender convicted of s. 794.011, s.
584	800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
585	another state if the order stipulates that it is contingent upon
586	the approval of the receiving state interstate compact
587	authority. The court may rescind or modify at any time the terms
588	and conditions theretofore imposed by it upon the offender in
589	community control. However, if the court withholds adjudication
590	of guilt or imposes a period of incarceration as a condition of
591	community control, the period may not exceed 364 days, and
592	incarceration shall be restricted to a county facility, a
593	probation and restitution center under the jurisdiction of the
594	Department of Corrections, a probation program drug punishment
595	phase I secure residential treatment institution, or a community
596	residential facility owned or operated by any entity providing
597	such services.
598	(3)  The court may place a defendant who is being sentenced
599	for criminal transmission of HIV in violation of s. 775.0877 on
600	criminal quarantine community control. The Department of
601	Corrections shall develop and administer a criminal quarantine
602	community control program emphasizing intensive supervision with
603	24-hour-per-day electronic monitoring. Criminal quarantine
604	community control status must include surveillance and may
605	include other measures normally associated with community
606	control, except that specific conditions necessary to monitor
607	this population may be ordered.
608	Section 16.  Section 948.11, Florida Statutes, is amended
609	to read:
610	948.11  Electronic monitoring devices.--
611	(1)(a)  The Department of Corrections may, at its
612	discretion, electronically monitor an offender sentenced to
613	community control.
614	(b)  The Department of Corrections shall electronically
615	monitor an offender sentenced to criminal quarantine community
616	control 24 hours per day.
617	(2)  Any offender placed on community control who violates
618	the terms and conditions of community control and is restored to
619	community control may be supervised by means of an electronic
620	monitoring device or system.
621	(3)  For those offenders being electronically monitored,
622	the Department of Corrections shall develop procedures to
623	determine, investigate, and report the offender's noncompliance
624	with the terms and conditions of sentence 24 hours per day. All
625	reports of noncompliance shall be immediately investigated by a
626	community control officer.
627	(4)  The Department of Corrections may contract with local
628	law enforcement agencies to assist in the location and
629	apprehension of offenders who are in noncompliance as reported
630	by the electronic monitoring system. This contract is intended
631	to provide the department a means for providing immediate
632	investigation of noncompliance reports, especially after normal
633	office hours.
634	(2)(5)  Any person being electronically monitored by the
635	department as a result of placement on supervision community
636	control shall be required to pay the department for electronic
637	monitoring services a surcharge as provided in s. 948.09(2).
638	(3)(6)  For probationers, community controllees, or
639	conditional releasees who have current or prior convictions for
640	violent or sexual offenses, the department, in carrying out a
641	court or commission order to electronically monitor an offender,
642	must use a system that actively monitors and identifies the
643	offender's location and timely reports or records the offender's
644	presence near or within a crime scene or in a prohibited area or
645	the offender's departure from specified geographic limitations.
646	Procurement of electronic monitoring services under this
647	subsection shall be by competitive procurement in accordance
648	with invitation to bid as defined in s. 287.057.
649	(4)(7)  A person who intentionally alters, tampers with,
650	damages, or destroys any electronic monitoring equipment
651	pursuant to court or commission order, unless such person is the
652	owner of the equipment, or an agent of the owner, performing
653	ordinary maintenance and repairs, commits a felony of the third
654	degree, punishable as provided in s. 775.082, s. 775.083, or s.
655	775.084.
656	Section 17.  Subsection (2) and paragraph (e) of subsection
657	(9) of section 951.23, Florida Statutes, are amended to read:
658	951.23  County and municipal detention facilities;
659	definitions; administration; standards and requirements.--
660	(2)  COLLECTION OF INFORMATION.--In conjunction with the
661	administrators of county detention facilities, the Department of
662	Corrections shall develop an instrument for the collection of
663	information from the administrator of each county detention
664	facility. Whenever possible, the information shall be
665	transmitted by the administrator to the Department of
666	Corrections electronically or in a computer readable format. The
667	information shall be provided on a monthly basis and shall
668	include, but is not limited to, the following:
669	(a)  The number of persons housed per day who are:
670	1.  Felons sentenced to cumulative sentences of
671	incarceration of 364 days or less.
672	2.  Felons sentenced to cumulative sentences of
673	incarceration of 365 days or more.
674	3.  Sentenced misdemeanants.
675	4.  Awaiting trial on at least one felony charge.
676	5.  Awaiting trial on misdemeanor charges only.
677	6.  Convicted felons and misdemeanants who are awaiting
678	sentencing.
679	7.  Juveniles.
680	8.  State parole violators.
681	9.  State inmates who were transferred from a state
682	correctional facility, as defined in s. 944.02, to the county
683	detention facility.
684	(b)  The number of persons housed per day, admitted per
685	month, and housed on the last day of the month, by age, race,
686	sex, country of citizenship, country of birth, and immigration
687	status classified as one of the following:
688	1.  Permanent legal resident of the United States.
689	2.  Legal visitor.
690	3.  Undocumented or illegal alien.
691	4.  Unknown status.
692	(b)(c)  The number of persons housed per day:
693	1.  Pursuant to part I of chapter 394, "The Florida Mental
694	Health Act."
695	2.  Pursuant to chapter 397, "Substance Abuse Services."
696	(d)  The cost per day for housing a person in the county
697	detention facility.
698	(e)  The number of persons admitted per month, and the
699	number of persons housed on the last day of the month, by age,
700	race, and sex, who are:
701	1.  Felons sentenced to cumulative sentences of
702	incarceration of 364 days or less.
703	2.  Felons sentenced to cumulative sentences of
704	incarceration of 365 days or more.
705	3.  Sentenced misdemeanants.
706	4.  Awaiting trial on at least one felony charge.
707	5.  Awaiting trial on misdemeanor charges only.
708	6.  Convicted felons and misdemeanants who are awaiting
709	sentencing.
710	7.  Juveniles.
711	8.  State parole violators.
712	9.  State inmates who were transferred from a state
713	correctional facility, as defined in s. 944.02, to the county
714	detention facility.
715	(f)  The number of persons admitted per month, by age,
716	race, and sex:
717	1.  Pursuant to part I of chapter 394, "The Florida Mental
718	Health Act."
719	2.  Pursuant to chapter 397, "Substance Abuse Services."
720	(9)  INMATE COMMISSARY AND WELFARE FUND.--
721	(e)  The officer in charge shall be responsible for an
722	audit of the fiscal management of the commissary by a
723	disinterested party on an annual basis, which shall include
724	certification of compliance with the pricing requirements of
725	paragraph (1)(b) above. Appropriate transaction records and
726	stock inventory shall be kept current.
727	Section 18.  Paragraph (c) of subsection (5) of section
728	958.045, Florida Statutes, is amended to read:
729	958.045  Youthful offender basic training program.--
730	(5)
731	(c)  The portion of the sentence served prior to placement
732	in the basic training program may not be counted toward program
733	completion. Within 30 days prior to the scheduled completion of
734	the basic training program, the department shall submit a report
735	to the court that describes the offender's performance. If the
736	offender's performance has been satisfactory, the court shall
737	issue an order modifying the sentence imposed and placing the
738	offender on probation effective upon the offender's successful
739	completion of the remainder of the program Upon the offender's
740	completion of the basic training program, the department shall
741	submit a report to the court that describes the offender's
742	performance. If the offender's performance has been
743	satisfactory, the court shall issue an order modifying the
744	sentence imposed and placing the offender on probation. The term
745	of probation may include placement in a community residential
746	program. If the offender violates the conditions of probation,
747	the court may revoke probation and impose any sentence that it
748	might have originally imposed.
749	Section 19.  Subsection (2) of section 960.292, Florida
750	Statutes, is amended to read:
751	960.292  Enforcement of the civil restitution lien through
752	civil restitution lien order.--The civil restitution lien shall
753	be made enforceable by means of a civil restitution lien order.
754	(2)  Upon motion by the state, upon petition of the local
755	subdivision, crime victim, or aggrieved party, or on its own
756	motion, the court in which the convicted offender is convicted
757	shall enter civil restitution lien orders in favor of crime
758	victims, the state, its local subdivisions, and other aggrieved
759	parties. The court shall retain continuing jurisdiction over the
760	convicted offender for the sole purpose of entering civil
761	restitution lien orders for the duration of the sentence and up
762	to 5 years from release from incarceration or supervision,
763	whichever occurs later.
764	Section 20.  Paragraph (b) of subsection (2) of section
765	960.293, Florida Statutes, is amended to read:
766	960.293  Determination of damages and losses.--
767	(2)  Upon conviction, a convicted offender is liable to the
768	state and its local subdivisions for damages and losses for
769	incarceration costs and other correctional costs.
770	(b)  If the conviction is for an offense other than a
771	capital or life felony, a liquidated damage amount of $50 per
772	day of the convicted offender's sentence shall be assessed
773	against the convicted offender and in favor of the state or its
774	local subdivisions. Damages shall be based upon the length of
775	the sentence imposed by the court at the time of sentencing.
776	Section 21.  Section 960.297, Florida Statutes, is amended
777	to read:
778	960.297  Authorization for governmental right of
779	restitution for costs of incarceration.--
780	(1)  The state and its local subdivisions, in a separate
781	civil action or as counterclaim in any civil action, may seek
782	recovery of the damages and losses set forth in s. 960.293.
783	(2)  For those convicted offenders convicted before July 1,
784	1994, the state and its local subdivisions, in a separate civil
785	action or as a counterclaim in any civil action, may seek
786	recovery of the damages and losses set forth in s. 960.293, for
787	the convicted offender's remaining sentence after July 1, 1994.
788	(3)  Civil actions authorized by the section may be
789	commenced anytime during the offender's incarceration and up to
790	5 years after the date of the offender's release from
791	incarceration or supervision, whichever occurs later.
792	Section 22.  This act shall take effect October 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.