Florida Senate - 2011 CS for SB 1334
By the Committee on Criminal Justice; and Senator Bogdanoff
591-03243-11 20111334c1
1 A bill to be entitled
2 An act relating to sentences of inmates; amending s.
3 893.135, F.S.; removing all references to imposing
4 mandatory minimum sentences for defendants convicted
5 of trafficking in controlled substances; amending s.
6 945.091, F.S.; providing legislative intent to
7 encourage the Department of Corrections, to the extent
8 possible, to place inmates in the community to perform
9 paid employment for community work; providing that an
10 inmate may leave the confinement of prison to
11 participate in a supervised reentry program in which
12 the inmate is housed in the community while working at
13 paid employment or participating in other programs
14 that are approved by the department; requiring the
15 inmate to live at a department-approved residence
16 while participating in the supervised reentry program;
17 specifying the conditions for participating in the
18 supervised reentry program; requiring that the
19 department adopt rules to operate the supervised
20 reentry program; providing legislative intent to
21 encourage the department to place inmates in paid
22 employment in the community for not less than 6 months
23 before the inmate’s sentence expires; defining the
24 terms “department” and “nonviolent offender”;
25 directing the Department of Corrections to develop and
26 administer a reentry program for nonviolent offenders
27 which is intended to divert nonviolent offenders from
28 long periods of incarceration; requiring that the
29 program include intensive substance abuse treatment
30 and rehabilitative programming; providing for the
31 minimum length of service in the program; providing
32 that any portion of a sentence before placement in the
33 program does not count as progress toward program
34 completion; specifying eligibility criteria for a
35 nonviolent offender to be placed into the reentry
36 program; directing the department to notify the
37 nonviolent offender’s sentencing court to obtain
38 approval before the nonviolent offender is placed into
39 the reentry program; requiring the department to
40 notify the state attorney; authorizing the state
41 attorney to file objections to placing the offender
42 into the reentry program within a specified period;
43 requiring the sentencing court to notify the
44 department of the court’s decision to approve or
45 disapprove the requested placement within a specified
46 period; providing that failure of the court to timely
47 notify the department of the court’s decision
48 constitutes approval by the requested placement;
49 requiring the nonviolent offender to undergo an
50 education assessment and a full substance abuse
51 assessment if admitted into the reentry program;
52 requiring the offender to be enrolled in an adult
53 education program in specified circumstances;
54 requiring that assessments of vocational skills and
55 future career education be provided to the offender;
56 requiring that certain reevaluation be made
57 periodically; providing that the nonviolent offender
58 is subject to the disciplinary rules of the
59 department; specifying the reasons for which the
60 offender may be terminated from the reentry program;
61 requiring that the department submit a report to the
62 sentencing court at least 30 days before the
63 nonviolent offender is scheduled to complete the
64 reentry program; setting forth the issues to be
65 addressed in the report; requiring the sentencing
66 court to issue an order modifying the sentence imposed
67 and place the nonviolent offender on drug offender
68 probation if the nonviolent offender’s performance is
69 satisfactory; authorizing the court to revoke
70 probation and impose the original sentence in
71 specified circumstances; authorizing the court to
72 require the offender to complete a postadjudicatory
73 drug court program in specified circumstances;
74 directing the department to implement the reentry
75 program using available resources; requiring the
76 department to submit an annual report to the Governor
77 and Legislature detailing the extent of implementation
78 of the reentry program and outlining future goals and
79 recommendations; authorizing the department to enter
80 into contracts with qualified individuals, agencies,
81 or corporations for services for the reentry program;
82 authorizing the department to impose administrative or
83 protective confinement as necessary; authorizing the
84 department to establish a system of incentives within
85 the reentry program which the department may use to
86 promote participation in rehabilitative programs and
87 the orderly operation of institutions and facilities;
88 directing the department to develop a system for
89 tracking recidivism, including, but not limited to,
90 rearrests and recommitment of nonviolent offenders who
91 successfully complete the reentry program, and to
92 report on recidivism in its annual report of the
93 program; directing the department to adopt rules;
94 amending s. 944.275, F.S.; authorizing the Department
95 of Corrections to grant up to 10 days per month of
96 incentive gain-time applicable to sentences imposed
97 for offenses committed on or after a specified date;
98 providing an exception under certain circumstances;
99 reenacting s. 775.084(4)(k), F.S., relating to violent
100 career criminals, to incorporate the amendment made to
101 s. 944.275, F.S., in a reference thereto; providing an
102 effective date.
103
104 Be It Enacted by the Legislature of the State of Florida:
105
106 Section 1. Section 893.135, Florida Statutes, is amended to
107 read:
108 893.135 Trafficking; mandatory sentences; suspension or
109 reduction of sentences; conspiracy to engage in trafficking.—
110 (1) Except as authorized in this chapter or in chapter 499
111 and notwithstanding the provisions of s. 893.13:
112 (a) Any person who knowingly sells, purchases,
113 manufactures, delivers, or brings into this state, or who is
114 knowingly in actual or constructive possession of, in excess of
115 25 pounds of cannabis, or 300 or more cannabis plants, commits a
116 felony of the first degree, which felony shall be known as
117 “trafficking in cannabis,” punishable as provided in s. 775.082,
118 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
119 1. Is in excess of 25 pounds, but less than 2,000 pounds,
120 or is 300 or more cannabis plants, but not more than 2,000
121 cannabis plants, such person shall be sentenced to a mandatory
122 minimum term of imprisonment of 3 years, and the defendant shall
123 be ordered to pay a fine of $25,000.
124 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
125 is 2,000 or more cannabis plants, but not more than 10,000
126 cannabis plants, such person shall be sentenced to a mandatory
127 minimum term of imprisonment of 7 years, and the defendant shall
128 be ordered to pay a fine of $50,000.
129 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
130 plants, such person shall be ordered sentenced to a mandatory
131 minimum term of imprisonment of 15 calendar years and pay a fine
132 of $200,000.
133
134 For the purpose of this paragraph, a plant, including, but not
135 limited to, a seedling or cutting, is a “cannabis plant” if it
136 has some readily observable evidence of root formation, such as
137 root hairs. To determine if a piece or part of a cannabis plant
138 severed from the cannabis plant is itself a cannabis plant, the
139 severed piece or part must have some readily observable evidence
140 of root formation, such as root hairs. Callous tissue is not
141 readily observable evidence of root formation. The viability and
142 sex of a plant and the fact that the plant may or may not be a
143 dead harvested plant are not relevant in determining if the
144 plant is a “cannabis plant” or in the charging of an offense
145 under this paragraph. Upon conviction, the court shall impose
146 the longest term of imprisonment provided for in this paragraph.
147 (b)1. Any person who knowingly sells, purchases,
148 manufactures, delivers, or brings into this state, or who is
149 knowingly in actual or constructive possession of, 28 grams or
150 more of cocaine, as described in s. 893.03(2)(a)4., or of any
151 mixture containing cocaine, but less than 150 kilograms of
152 cocaine or any such mixture, commits a felony of the first
153 degree, which felony shall be known as “trafficking in cocaine,”
154 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
155 If the quantity involved:
156 a. Is 28 grams or more, but less than 200 grams, such
157 person shall be sentenced to a mandatory minimum term of
158 imprisonment of 3 years, and the defendant shall be ordered to
159 pay a fine of $50,000.
160 b. Is 200 grams or more, but less than 400 grams, such
161 person shall be sentenced to a mandatory minimum term of
162 imprisonment of 7 years, and the defendant shall be ordered to
163 pay a fine of $100,000.
164 c. Is 400 grams or more, but less than 150 kilograms, such
165 person shall be ordered sentenced to a mandatory minimum term of
166 imprisonment of 15 calendar years and pay a fine of $250,000.
167 2. Any person who knowingly sells, purchases, manufactures,
168 delivers, or brings into this state, or who is knowingly in
169 actual or constructive possession of, 150 kilograms or more of
170 cocaine, as described in s. 893.03(2)(a)4., commits the first
171 degree felony of trafficking in cocaine. A person who has been
172 convicted of the first degree felony of trafficking in cocaine
173 under this subparagraph shall be punished by life imprisonment
174 and is ineligible for any form of discretionary early release
175 except pardon or executive clemency or conditional medical
176 release under s. 947.149. However, if the court determines that,
177 in addition to committing any act specified in this paragraph:
178 a. The person intentionally killed an individual or
179 counseled, commanded, induced, procured, or caused the
180 intentional killing of an individual and such killing was the
181 result; or
182 b. The person’s conduct in committing that act led to a
183 natural, though not inevitable, lethal result,
184
185 such person commits the capital felony of trafficking in
186 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
187 person sentenced for a capital felony under this paragraph shall
188 also be sentenced to pay the maximum fine provided under
189 subparagraph 1.
190 3. Any person who knowingly brings into this state 300
191 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
192 and who knows that the probable result of such importation would
193 be the death of any person, commits capital importation of
194 cocaine, a capital felony punishable as provided in ss. 775.082
195 and 921.142. Any person sentenced for a capital felony under
196 this paragraph shall also be sentenced to pay the maximum fine
197 provided under subparagraph 1.
198 (c)1. Any person who knowingly sells, purchases,
199 manufactures, delivers, or brings into this state, or who is
200 knowingly in actual or constructive possession of, 4 grams or
201 more of any morphine, opium, oxycodone, hydrocodone,
202 hydromorphone, or any salt, derivative, isomer, or salt of an
203 isomer thereof, including heroin, as described in s.
204 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
205 of any mixture containing any such substance, but less than 30
206 kilograms of such substance or mixture, commits a felony of the
207 first degree, which felony shall be known as “trafficking in
208 illegal drugs,” punishable as provided in s. 775.082, s.
209 775.083, or s. 775.084. If the quantity involved:
210 a. Is 4 grams or more, but less than 14 grams, such person
211 shall be sentenced to a mandatory minimum term of imprisonment
212 of 3 years, and the defendant shall be ordered to pay a fine of
213 $50,000.
214 b. Is 14 grams or more, but less than 28 grams, such person
215 shall be sentenced to a mandatory minimum term of imprisonment
216 of 15 years, and the defendant shall be ordered to pay a fine of
217 $100,000.
218 c. Is 28 grams or more, but less than 30 kilograms, such
219 person shall be ordered sentenced to a mandatory minimum term of
220 imprisonment of 25 calendar years and pay a fine of $500,000.
221 2. Any person who knowingly sells, purchases, manufactures,
222 delivers, or brings into this state, or who is knowingly in
223 actual or constructive possession of, 30 kilograms or more of
224 any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
225 any salt, derivative, isomer, or salt of an isomer thereof,
226 including heroin, as described in s. 893.03(1)(b), (2)(a),
227 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
228 containing any such substance, commits the first degree felony
229 of trafficking in illegal drugs. A person who has been convicted
230 of the first degree felony of trafficking in illegal drugs under
231 this subparagraph shall be punished by life imprisonment and is
232 ineligible for any form of discretionary early release except
233 pardon or executive clemency or conditional medical release
234 under s. 947.149. However, if the court determines that, in
235 addition to committing any act specified in this paragraph:
236 a. The person intentionally killed an individual or
237 counseled, commanded, induced, procured, or caused the
238 intentional killing of an individual and such killing was the
239 result; or
240 b. The person’s conduct in committing that act led to a
241 natural, though not inevitable, lethal result,
242
243 such person commits the capital felony of trafficking in illegal
244 drugs, punishable as provided in ss. 775.082 and 921.142. Any
245 person sentenced for a capital felony under this paragraph shall
246 also be sentenced to pay the maximum fine provided under
247 subparagraph 1.
248 3. Any person who knowingly brings into this state 60
249 kilograms or more of any morphine, opium, oxycodone,
250 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
251 salt of an isomer thereof, including heroin, as described in s.
252 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
253 more of any mixture containing any such substance, and who knows
254 that the probable result of such importation would be the death
255 of any person, commits capital importation of illegal drugs, a
256 capital felony punishable as provided in ss. 775.082 and
257 921.142. Any person sentenced for a capital felony under this
258 paragraph shall also be sentenced to pay the maximum fine
259 provided under subparagraph 1.
260 (d)1. Any person who knowingly sells, purchases,
261 manufactures, delivers, or brings into this state, or who is
262 knowingly in actual or constructive possession of, 28 grams or
263 more of phencyclidine or of any mixture containing
264 phencyclidine, as described in s. 893.03(2)(b), commits a felony
265 of the first degree, which felony shall be known as “trafficking
266 in phencyclidine,” punishable as provided in s. 775.082, s.
267 775.083, or s. 775.084. If the quantity involved:
268 a. Is 28 grams or more, but less than 200 grams, such
269 person shall be sentenced to a mandatory minimum term of
270 imprisonment of 3 years, and the defendant shall be ordered to
271 pay a fine of $50,000.
272 b. Is 200 grams or more, but less than 400 grams, such
273 person shall be sentenced to a mandatory minimum term of
274 imprisonment of 7 years, and the defendant shall be ordered to
275 pay a fine of $100,000.
276 c. Is 400 grams or more, such person shall be ordered
277 sentenced to a mandatory minimum term of imprisonment of 15
278 calendar years and pay a fine of $250,000.
279 2. Any person who knowingly brings into this state 800
280 grams or more of phencyclidine or of any mixture containing
281 phencyclidine, as described in s. 893.03(2)(b), and who knows
282 that the probable result of such importation would be the death
283 of any person commits capital importation of phencyclidine, a
284 capital felony punishable as provided in ss. 775.082 and
285 921.142. Any person sentenced for a capital felony under this
286 paragraph shall also be sentenced to pay the maximum fine
287 provided under subparagraph 1.
288 (e)1. Any person who knowingly sells, purchases,
289 manufactures, delivers, or brings into this state, or who is
290 knowingly in actual or constructive possession of, 200 grams or
291 more of methaqualone or of any mixture containing methaqualone,
292 as described in s. 893.03(1)(d), commits a felony of the first
293 degree, which felony shall be known as “trafficking in
294 methaqualone,” punishable as provided in s. 775.082, s. 775.083,
295 or s. 775.084. If the quantity involved:
296 a. Is 200 grams or more, but less than 5 kilograms, such
297 person shall be sentenced to a mandatory minimum term of
298 imprisonment of 3 years, and the defendant shall be ordered to
299 pay a fine of $50,000.
300 b. Is 5 kilograms or more, but less than 25 kilograms, such
301 person shall be sentenced to a mandatory minimum term of
302 imprisonment of 7 years, and the defendant shall be ordered to
303 pay a fine of $100,000.
304 c. Is 25 kilograms or more, such person shall be ordered
305 sentenced to a mandatory minimum term of imprisonment of 15
306 calendar years and pay a fine of $250,000.
307 2. Any person who knowingly brings into this state 50
308 kilograms or more of methaqualone or of any mixture containing
309 methaqualone, as described in s. 893.03(1)(d), and who knows
310 that the probable result of such importation would be the death
311 of any person commits capital importation of methaqualone, a
312 capital felony punishable as provided in ss. 775.082 and
313 921.142. Any person sentenced for a capital felony under this
314 paragraph shall also be sentenced to pay the maximum fine
315 provided under subparagraph 1.
316 (f)1. Any person who knowingly sells, purchases,
317 manufactures, delivers, or brings into this state, or who is
318 knowingly in actual or constructive possession of, 14 grams or
319 more of amphetamine, as described in s. 893.03(2)(c)2., or
320 methamphetamine, as described in s. 893.03(2)(c)4., or of any
321 mixture containing amphetamine or methamphetamine, or
322 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
323 in conjunction with other chemicals and equipment utilized in
324 the manufacture of amphetamine or methamphetamine, commits a
325 felony of the first degree, which felony shall be known as
326 “trafficking in amphetamine,” punishable as provided in s.
327 775.082, s. 775.083, or s. 775.084. If the quantity involved:
328 a. Is 14 grams or more, but less than 28 grams, such person
329 shall be sentenced to a mandatory minimum term of imprisonment
330 of 3 years, and the defendant shall be ordered to pay a fine of
331 $50,000.
332 b. Is 28 grams or more, but less than 200 grams, such
333 person shall be sentenced to a mandatory minimum term of
334 imprisonment of 7 years, and the defendant shall be ordered to
335 pay a fine of $100,000.
336 c. Is 200 grams or more, such person shall be ordered
337 sentenced to a mandatory minimum term of imprisonment of 15
338 calendar years and pay a fine of $250,000.
339 2. Any person who knowingly manufactures or brings into
340 this state 400 grams or more of amphetamine, as described in s.
341 893.03(2)(c)2., or methamphetamine, as described in s.
342 893.03(2)(c)4., or of any mixture containing amphetamine or
343 methamphetamine, or phenylacetone, phenylacetic acid,
344 pseudoephedrine, or ephedrine in conjunction with other
345 chemicals and equipment used in the manufacture of amphetamine
346 or methamphetamine, and who knows that the probable result of
347 such manufacture or importation would be the death of any person
348 commits capital manufacture or importation of amphetamine, a
349 capital felony punishable as provided in ss. 775.082 and
350 921.142. Any person sentenced for a capital felony under this
351 paragraph shall also be sentenced to pay the maximum fine
352 provided under subparagraph 1.
353 (g)1. Any person who knowingly sells, purchases,
354 manufactures, delivers, or brings into this state, or who is
355 knowingly in actual or constructive possession of, 4 grams or
356 more of flunitrazepam or any mixture containing flunitrazepam as
357 described in s. 893.03(1)(a) commits a felony of the first
358 degree, which felony shall be known as “trafficking in
359 flunitrazepam,” punishable as provided in s. 775.082, s.
360 775.083, or s. 775.084. If the quantity involved:
361 a. Is 4 grams or more but less than 14 grams, such person
362 shall be sentenced to a mandatory minimum term of imprisonment
363 of 3 years, and the defendant shall be ordered to pay a fine of
364 $50,000.
365 b. Is 14 grams or more but less than 28 grams, such person
366 shall be sentenced to a mandatory minimum term of imprisonment
367 of 7 years, and the defendant shall be ordered to pay a fine of
368 $100,000.
369 c. Is 28 grams or more but less than 30 kilograms, such
370 person shall be ordered sentenced to a mandatory minimum term of
371 imprisonment of 25 calendar years and pay a fine of $500,000.
372 2. Any person who knowingly sells, purchases, manufactures,
373 delivers, or brings into this state or who is knowingly in
374 actual or constructive possession of 30 kilograms or more of
375 flunitrazepam or any mixture containing flunitrazepam as
376 described in s. 893.03(1)(a) commits the first degree felony of
377 trafficking in flunitrazepam. A person who has been convicted of
378 the first degree felony of trafficking in flunitrazepam under
379 this subparagraph shall be punished by life imprisonment and is
380 ineligible for any form of discretionary early release except
381 pardon or executive clemency or conditional medical release
382 under s. 947.149. However, if the court determines that, in
383 addition to committing any act specified in this paragraph:
384 a. The person intentionally killed an individual or
385 counseled, commanded, induced, procured, or caused the
386 intentional killing of an individual and such killing was the
387 result; or
388 b. The person’s conduct in committing that act led to a
389 natural, though not inevitable, lethal result,
390
391 such person commits the capital felony of trafficking in
392 flunitrazepam, punishable as provided in ss. 775.082 and
393 921.142. Any person sentenced for a capital felony under this
394 paragraph shall also be sentenced to pay the maximum fine
395 provided under subparagraph 1.
396 (h)1. Any person who knowingly sells, purchases,
397 manufactures, delivers, or brings into this state, or who is
398 knowingly in actual or constructive possession of, 1 kilogram or
399 more of gamma-hydroxybutyric acid (GHB), as described in s.
400 893.03(1)(d), or any mixture containing gamma-hydroxybutyric
401 acid (GHB), commits a felony of the first degree, which felony
402 shall be known as “trafficking in gamma-hydroxybutyric acid
403 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
404 775.084. If the quantity involved:
405 a. Is 1 kilogram or more but less than 5 kilograms, such
406 person shall be sentenced to a mandatory minimum term of
407 imprisonment of 3 years, and the defendant shall be ordered to
408 pay a fine of $50,000.
409 b. Is 5 kilograms or more but less than 10 kilograms, such
410 person shall be sentenced to a mandatory minimum term of
411 imprisonment of 7 years, and the defendant shall be ordered to
412 pay a fine of $100,000.
413 c. Is 10 kilograms or more, such person shall be ordered
414 sentenced to a mandatory minimum term of imprisonment of 15
415 calendar years and pay a fine of $250,000.
416 2. Any person who knowingly manufactures or brings into
417 this state 150 kilograms or more of gamma-hydroxybutyric acid
418 (GHB), as described in s. 893.03(1)(d), or any mixture
419 containing gamma-hydroxybutyric acid (GHB), and who knows that
420 the probable result of such manufacture or importation would be
421 the death of any person commits capital manufacture or
422 importation of gamma-hydroxybutyric acid (GHB), a capital felony
423 punishable as provided in ss. 775.082 and 921.142. Any person
424 sentenced for a capital felony under this paragraph shall also
425 be sentenced to pay the maximum fine provided under subparagraph
426 1.
427 (i)1. Any person who knowingly sells, purchases,
428 manufactures, delivers, or brings into this state, or who is
429 knowingly in actual or constructive possession of, 1 kilogram or
430 more of gamma-butyrolactone (GBL), as described in s.
431 893.03(1)(d), or any mixture containing gamma-butyrolactone
432 (GBL), commits a felony of the first degree, which felony shall
433 be known as “trafficking in gamma-butyrolactone (GBL),”
434 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
435 If the quantity involved:
436 a. Is 1 kilogram or more but less than 5 kilograms, such
437 person shall be sentenced to a mandatory minimum term of
438 imprisonment of 3 years, and the defendant shall be ordered to
439 pay a fine of $50,000.
440 b. Is 5 kilograms or more but less than 10 kilograms, such
441 person shall be sentenced to a mandatory minimum term of
442 imprisonment of 7 years, and the defendant shall be ordered to
443 pay a fine of $100,000.
444 c. Is 10 kilograms or more, such person shall be ordered
445 sentenced to a mandatory minimum term of imprisonment of 15
446 calendar years and pay a fine of $250,000.
447 2. Any person who knowingly manufactures or brings into the
448 state 150 kilograms or more of gamma-butyrolactone (GBL), as
449 described in s. 893.03(1)(d), or any mixture containing gamma
450 butyrolactone (GBL), and who knows that the probable result of
451 such manufacture or importation would be the death of any person
452 commits capital manufacture or importation of gamma
453 butyrolactone (GBL), a capital felony punishable as provided in
454 ss. 775.082 and 921.142. Any person sentenced for a capital
455 felony under this paragraph shall also be sentenced to pay the
456 maximum fine provided under subparagraph 1.
457 (j)1. Any person who knowingly sells, purchases,
458 manufactures, delivers, or brings into this state, or who is
459 knowingly in actual or constructive possession of, 1 kilogram or
460 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
461 any mixture containing 1,4-Butanediol, commits a felony of the
462 first degree, which felony shall be known as “trafficking in
463 1,4-Butanediol,” punishable as provided in s. 775.082, s.
464 775.083, or s. 775.084. If the quantity involved:
465 a. Is 1 kilogram or more, but less than 5 kilograms, such
466 person shall be sentenced to a mandatory minimum term of
467 imprisonment of 3 years, and the defendant shall be ordered to
468 pay a fine of $50,000.
469 b. Is 5 kilograms or more, but less than 10 kilograms, such
470 person shall be sentenced to a mandatory minimum term of
471 imprisonment of 7 years, and the defendant shall be ordered to
472 pay a fine of $100,000.
473 c. Is 10 kilograms or more, such person shall be ordered
474 sentenced to a mandatory minimum term of imprisonment of 15
475 calendar years and pay a fine of $500,000.
476 2. Any person who knowingly manufactures or brings into
477 this state 150 kilograms or more of 1,4-Butanediol as described
478 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
479 and who knows that the probable result of such manufacture or
480 importation would be the death of any person commits capital
481 manufacture or importation of 1,4-Butanediol, a capital felony
482 punishable as provided in ss. 775.082 and 921.142. Any person
483 sentenced for a capital felony under this paragraph shall also
484 be sentenced to pay the maximum fine provided under subparagraph
485 1.
486 (k)1. Any person who knowingly sells, purchases,
487 manufactures, delivers, or brings into this state, or who is
488 knowingly in actual or constructive possession of, 10 grams or
489 more of any of the following substances described in s.
490 893.03(1)(a) or (c):
491 a. 3,4-Methylenedioxymethamphetamine (MDMA);
492 b. 4-Bromo-2,5-dimethoxyamphetamine;
493 c. 4-Bromo-2,5-dimethoxyphenethylamine;
494 d. 2,5-Dimethoxyamphetamine;
495 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
496 f. N-ethylamphetamine;
497 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
498 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
499 i. 4-methoxyamphetamine;
500 j. 4-methoxymethamphetamine;
501 k. 4-Methyl-2,5-dimethoxyamphetamine;
502 l. 3,4-Methylenedioxy-N-ethylamphetamine;
503 m. 3,4-Methylenedioxyamphetamine;
504 n. N,N-dimethylamphetamine; or
505 o. 3,4,5-Trimethoxyamphetamine,
506
507 individually or in any combination of or any mixture containing
508 any substance listed in sub-subparagraphs a.-o., commits a
509 felony of the first degree, which felony shall be known as
510 “trafficking in Phenethylamines,” punishable as provided in s.
511 775.082, s. 775.083, or s. 775.084.
512 2. If the quantity involved:
513 a. Is 10 grams or more but less than 200 grams, such person
514 shall be sentenced to a mandatory minimum term of imprisonment
515 of 3 years, and the defendant shall be ordered to pay a fine of
516 $50,000.
517 b. Is 200 grams or more, but less than 400 grams, such
518 person shall be sentenced to a mandatory minimum term of
519 imprisonment of 7 years, and the defendant shall be ordered to
520 pay a fine of $100,000.
521 c. Is 400 grams or more, such person shall be ordered
522 sentenced to a mandatory minimum term of imprisonment of 15
523 calendar years and pay a fine of $250,000.
524 3. Any person who knowingly manufactures or brings into
525 this state 30 kilograms or more of any of the following
526 substances described in s. 893.03(1)(a) or (c):
527 a. 3,4-Methylenedioxymethamphetamine (MDMA);
528 b. 4-Bromo-2,5-dimethoxyamphetamine;
529 c. 4-Bromo-2,5-dimethoxyphenethylamine;
530 d. 2,5-Dimethoxyamphetamine;
531 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
532 f. N-ethylamphetamine;
533 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
534 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
535 i. 4-methoxyamphetamine;
536 j. 4-methoxymethamphetamine;
537 k. 4-Methyl-2,5-dimethoxyamphetamine;
538 l. 3,4-Methylenedioxy-N-ethylamphetamine;
539 m. 3,4-Methylenedioxyamphetamine;
540 n. N,N-dimethylamphetamine; or
541 o. 3,4,5-Trimethoxyamphetamine,
542
543 individually or in any combination of or any mixture containing
544 any substance listed in sub-subparagraphs a.-o., and who knows
545 that the probable result of such manufacture or importation
546 would be the death of any person commits capital manufacture or
547 importation of Phenethylamines, a capital felony punishable as
548 provided in ss. 775.082 and 921.142. Any person sentenced for a
549 capital felony under this paragraph shall also be sentenced to
550 pay the maximum fine provided under subparagraph 1.
551 (l)1. Any person who knowingly sells, purchases,
552 manufactures, delivers, or brings into this state, or who is
553 knowingly in actual or constructive possession of, 1 gram or
554 more of lysergic acid diethylamide (LSD) as described in s.
555 893.03(1)(c), or of any mixture containing lysergic acid
556 diethylamide (LSD), commits a felony of the first degree, which
557 felony shall be known as “trafficking in lysergic acid
558 diethylamide (LSD),” punishable as provided in s. 775.082, s.
559 775.083, or s. 775.084. If the quantity involved:
560 a. Is 1 gram or more, but less than 5 grams, such person
561 shall be sentenced to a mandatory minimum term of imprisonment
562 of 3 years, and the defendant shall be ordered to pay a fine of
563 $50,000.
564 b. Is 5 grams or more, but less than 7 grams, such person
565 shall be sentenced to a mandatory minimum term of imprisonment
566 of 7 years, and the defendant shall be ordered to pay a fine of
567 $100,000.
568 c. Is 7 grams or more, such person shall be ordered
569 sentenced to a mandatory minimum term of imprisonment of 15
570 calendar years and pay a fine of $500,000.
571 2. Any person who knowingly manufactures or brings into
572 this state 7 grams or more of lysergic acid diethylamide (LSD)
573 as described in s. 893.03(1)(c), or any mixture containing
574 lysergic acid diethylamide (LSD), and who knows that the
575 probable result of such manufacture or importation would be the
576 death of any person commits capital manufacture or importation
577 of lysergic acid diethylamide (LSD), a capital felony punishable
578 as provided in ss. 775.082 and 921.142. Any person sentenced for
579 a capital felony under this paragraph shall also be sentenced to
580 pay the maximum fine provided under subparagraph 1.
581 (2) A person acts knowingly under subsection (1) if that
582 person intends to sell, purchase, manufacture, deliver, or bring
583 into this state, or to actually or constructively possess, any
584 of the controlled substances listed in subsection (1),
585 regardless of which controlled substance listed in subsection
586 (1) is in fact sold, purchased, manufactured, delivered, or
587 brought into this state, or actually or constructively
588 possessed.
589 (3) Notwithstanding the provisions of s. 948.01, with
590 respect to any person who is found to have violated this
591 section, adjudication of guilt or imposition of sentence shall
592 not be suspended, deferred, or withheld, nor shall such person
593 be eligible for parole prior to serving the mandatory minimum
594 term of imprisonment prescribed by this section. A person
595 sentenced to a mandatory minimum term of imprisonment under this
596 section is not eligible for any form of discretionary early
597 release, except pardon or executive clemency or conditional
598 medical release under s. 947.149, prior to serving the mandatory
599 minimum term of imprisonment.
600 (4) The state attorney may move the sentencing court to
601 reduce or suspend the sentence of any person who is convicted of
602 a violation of this section and who provides substantial
603 assistance in the identification, arrest, or conviction of any
604 of that person’s accomplices, accessories, coconspirators, or
605 principals or of any other person engaged in trafficking in
606 controlled substances. The arresting agency shall be given an
607 opportunity to be heard in aggravation or mitigation in
608 reference to any such motion. Upon good cause shown, the motion
609 may be filed and heard in camera. The judge hearing the motion
610 may reduce or suspend, defer, or withhold the sentence or
611 adjudication of guilt if the judge finds that the defendant
612 rendered such substantial assistance.
613 (5) Any person who agrees, conspires, combines, or
614 confederates with another person to commit any act prohibited by
615 subsection (1) commits a felony of the first degree and is
616 punishable as if he or she had actually committed such
617 prohibited act. Nothing in this subsection shall be construed to
618 prohibit separate convictions and sentences for a violation of
619 this subsection and any violation of subsection (1).
620 (6) A mixture, as defined in s. 893.02, containing any
621 controlled substance described in this section includes, but is
622 not limited to, a solution or a dosage unit, including but not
623 limited to, a pill or tablet, containing a controlled substance.
624 For the purpose of clarifying legislative intent regarding the
625 weighing of a mixture containing a controlled substance
626 described in this section, the weight of the controlled
627 substance is the total weight of the mixture, including the
628 controlled substance and any other substance in the mixture.
629 However, if the mixture is a prescription drug as defined in s.
630 499.003(43) and the weight of the controlled substance can be
631 identified using the national drug code, the weight of the
632 controlled substance may not include any other substance in the
633 mixture. If there is more than one mixture containing the same
634 controlled substance, the weight of the controlled substance is
635 calculated by aggregating the total weight of each mixture.
636 (7) For the purpose of further clarifying legislative
637 intent, the Legislature finds that the opinion in Hayes v.
638 State, 750 So. 2d 1 (Fla. 1999) does not correctly construe
639 legislative intent. The Legislature finds that the opinions in
640 State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v.
641 Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe
642 legislative intent.
643 Section 2. Section 945.091, Florida Statutes, is amended to
644 read:
645 945.091 Extension of the limits of confinement; supervised
646 reentry; restitution by employed inmates.—
647 (1) The department may adopt rules permitting the extension
648 of the limits of the place of confinement of an inmate as to
649 whom there is reasonable cause to believe that the inmate will
650 honor his or her trust by authorizing the inmate, under
651 prescribed conditions and following investigation, risk
652 assessment, and approval by the secretary, or the secretary’s
653 designee, who shall maintain a written record of such action, to
654 leave the confines of that place unaccompanied by a custodial
655 agent for a prescribed period of time to:
656 (a) Visit, for a specified period, a specifically
657 designated place or places:
658 1. For the purpose of visiting a dying relative, attending
659 the funeral of a relative, or arranging for employment or for a
660 suitable residence for use when released;
661 2. To otherwise aid in the rehabilitation of the inmate and
662 his or her successful transition into the community; or
663 3. For another compelling reason consistent with the public
664 interest,
665
666 and return to the same or another institution or facility
667 designated by the department of Corrections.
668 (b) Work at paid employment, participate in an education or
669 a training program, or voluntarily serve a public or nonprofit
670 agency or faith-based service group in the community, while
671 continuing as an inmate of the institution or facility in which
672 the inmate is confined, except during the hours of his or her
673 employment, education, training, or service and traveling
674 thereto and therefrom. An inmate may travel to and from his or
675 her place of employment, education, or training only by means of
676 walking, bicycling, or using public transportation or
677 transportation that is provided by a family member or employer.
678 Contingent upon specific appropriations, the department may
679 transport an inmate in a state-owned vehicle if the inmate is
680 unable to obtain other means of travel to his or her place of
681 employment, education, or training.
682 1. An inmate may participate in paid employment only during
683 the last 36 months of his or her confinement, unless sooner
684 requested by the Parole Commission or the Control Release
685 Authority. To the extent possible, the department shall place
686 inmates in the community to perform paid employment.
687 2. While working at paid employment and residing in the
688 facility, an inmate may apply for placement at a contracted
689 substance abuse transition housing program. The transition
690 assistance specialist shall inform the inmate of program
691 availability and assess the inmate’s need and suitability for
692 transition housing assistance. If an inmate is approved for
693 placement, the specialist shall assist the inmate. If an inmate
694 requests and is approved for placement in a contracted faith
695 based substance abuse transition housing program, the specialist
696 must consult with the chaplain before prior to such placement.
697 The department shall ensure that an inmate’s faith orientation,
698 or lack thereof, will not be considered in determining admission
699 to a faith-based program and that the program does not attempt
700 to convert an inmate toward a particular faith or religious
701 preference.
702 (c) Participate in a residential or nonresidential
703 rehabilitative program operated by a public or private nonprofit
704 agency, including faith-based service groups, with which the
705 department has contracted for the treatment of the such inmate.
706 Sections The provisions of ss. 216.311 and 287.057 shall apply
707 to all contracts between the department and any private entity
708 providing such services. The department shall require the such
709 agency to provide appropriate supervision of inmates
710 participating in the such program. The department is authorized
711 to terminate any inmate’s participation in the program if the
712 such inmate fails to demonstrate satisfactory progress in the
713 program as established by departmental rules.
714 (d) Participate in a supervised reentry program in which
715 the inmate is housed in the community while working at paid
716 employment or participating in other programs that are approved
717 by the department. The inmate shall reside at a department
718 approved residence while retaining status as an inmate in the
719 supervised reentry program.
720 1. An inmate may participate in the supervised reentry
721 program only during the last 14 months of his or her
722 confinement.
723 2. An inmate may participate in the supervised reentry
724 program only after residing at a work release center for at
725 least 6 months.
726 3. Supervised reentry program participants must comply with
727 reporting, drug testing, and other requirements established by
728 the department.
729 4. An inmate who fails to abide by the conditions set forth
730 in the supervised reentry program is subject to removal from the
731 program and to disciplinary action.
732 5. An inmate in the supervised reentry program may travel
733 to and from his or her department-approved activities only by
734 means of transportation approved by the department.
735 6. The inmate must pay the department for the cost of his
736 or her supervision in accordance with rules set forth by the
737 department. The inmate shall also pay the cost of any treatment
738 program in which he or she is participating.
739 7. An inmate is subject to the rules of conduct established
740 by the department and, after a violation, may have sanctions
741 imposed against him or her, including loss of privileges,
742 restrictions, disciplinary confinement, forfeiture of gain-time
743 or the right to earn gain-time in the future, and program
744 termination.
745 8. An inmate participating in the supervised reentry
746 program may not be included in the bed count for purposes of
747 determining total capacity as defined in s. 944.023(1).
748 9. The department shall adopt rules for the operation of
749 the supervised reentry program.
750 (2) In order for participating inmates to acquire
751 meaningful work skills and develop an employment history, the
752 department is encouraged to approve an inmate’s participation in
753 paid employment programs under paragraphs (1)(b)-(d) in such a
754 manner that the inmate moves into the community not less than 6
755 months before the expiration of the inmate’s sentence.
756 (3)(2) Each inmate who demonstrates college-level aptitudes
757 by satisfactory evidence of successful completion of college
758 level academic coursework may be provided the opportunity to
759 participate in college-level academic programs that which may be
760 offered at community colleges or universities. The inmate is
761 personally responsible for the payment of all student fees
762 incurred.
763 (4)(3) The department may adopt regulations as to the
764 eligibility of inmates for the extension of confinement, the
765 disbursement of any earnings of these inmates, or the entering
766 into of agreements between itself and any city or county or
767 federal agency for the housing of these inmates in a local place
768 of confinement. However, a no person convicted of sexual battery
769 pursuant to s. 794.011 is not eligible for any extension of the
770 limits of confinement under this section.
771 (5)(4) The willful failure of an inmate to remain within
772 the extended limits of his or her confinement or to return
773 within the time prescribed to the place of confinement
774 designated by the department is shall be deemed as an escape
775 from the custody of the department and is shall be punishable as
776 prescribed by law.
777 (6)(5) The provisions of This section does shall not be
778 deemed to authorize any inmate who has been convicted of any
779 murder, manslaughter, sexual battery, robbery, arson, aggravated
780 assault, aggravated battery, kidnapping, escape, breaking and
781 entering with intent to commit a felony, or aircraft piracy, or
782 any attempt to commit the aforementioned crimes, to attend any
783 classes at any state community college or any university that
784 which is a part of the State University System.
785 (7)(6)(a) The department shall require inmates working at
786 paid employment as provided in paragraph (1)(b) or paragraph
787 (1)(d) to use a portion of the employment proceeds to provide
788 restitution to the aggrieved party for the damage or loss caused
789 by the offense of the inmate, in an amount to be determined by
790 the department, unless the department finds clear and compelling
791 reasons not to order such restitution. If restitution or partial
792 restitution is not ordered, the department shall state on the
793 record in detail the reasons therefor.
794 (b) An offender who is required to provide restitution or
795 reparation may petition the circuit court to amend the amount of
796 restitution or reparation required or to revise the schedule of
797 repayment established by the department or the Parole
798 Commission.
799 (8)(7) The department shall document and account for all
800 forms for disciplinary reports for inmates placed on extended
801 limits of confinement, which shall include, but are not be
802 limited to, all violations of rules of conduct, the rule or
803 rules violated, the nature of punishment administered, the
804 authority ordering such punishment, and the duration of time
805 during which the inmate was subjected to confinement.
806 (9)(8)(a) The department may is authorized to levy fines
807 only through disciplinary reports and only against inmates
808 placed on extended limits of confinement. Major and minor
809 infractions and their respective punishments for inmates placed
810 on extended limits of confinement shall be defined by the rules
811 of the department, provided that a any fine may shall not exceed
812 $50 for each infraction deemed to be minor and $100 for each
813 infraction deemed to be major. Such fines shall be deposited in
814 the General Revenue Fund, and a receipt shall be given to the
815 inmate.
816 (b) When the chief correctional officer determines that a
817 fine would be an appropriate punishment for a violation of the
818 rules of the department, both the determination of guilt and the
819 amount of the fine shall be determined by the disciplinary
820 committee pursuant to the method prescribed in s. 944.28(2)(c).
821 (c) The department shall adopt develop rules defining the
822 policies and procedures for the administering of such fines.
823 Section 3. Nonviolent offender reentry program.—
824 (1) As used in this section, the term:
825 (a) “Department” means the Department of Corrections.
826 (b) “Nonviolent offender” means an offender who has:
827 1. Been convicted of a third-degree felony offense that is
828 not a forcible felony as defined in s. 776.08, Florida Statutes;
829 and
830 2. Not been convicted of any offense that requires a person
831 to register as a sexual offender pursuant to s. 943.0435,
832 Florida Statutes.
833 (2)(a) The department shall develop and administer a
834 reentry program for nonviolent offenders. The reentry program
835 must include prison-based substance abuse treatment, general
836 education development and adult basic education courses,
837 vocational training, training in decisionmaking and personal
838 development, and other rehabilitation programs.
839 (b) The reentry program is intended to divert nonviolent
840 offenders from long periods of incarceration when a reduced
841 period of incarceration followed by participation in intensive
842 substance abuse treatment and rehabilitative programming could
843 produce the same deterrent effect, rehabilitate the offender,
844 and reduce recidivism.
845 (c) The nonviolent offender shall serve at least 120 days
846 in the reentry program. The offender may not count any portion
847 of his or her sentence served before placement in the reentry
848 program as progress toward program completion.
849 (d) A reentry program may be operated in a secure area in
850 or adjacent to an adult institution.
851 (3)(a) Upon receiving a potential reentry program
852 participant, the department shall screen the nonviolent offender
853 for eligibility criteria to participate in the reentry program.
854 In order to participate, a nonviolent offender must have served
855 at least one-half of his or her original sentence and must have
856 been identified as having a need for substance abuse treatment.
857 When screening a nonviolent offender, the department shall
858 consider the offender’s criminal history and the possible
859 rehabilitative benefits that substance abuse treatment,
860 educational programming, vocational training, and other
861 rehabilitative programming might have on the offender.
862 (b) If a nonviolent offender meets the eligibility criteria
863 and space is available in the reentry program, the department
864 shall request the sentencing court to approve the offender’s
865 participation in the reentry program.
866 (c)1. The department shall notify the state attorney that
867 the offender is being considered for placement in the reentry
868 program. The notice must explain to the state attorney that a
869 proposed reduced period of incarceration, followed by
870 participation in substance abuse treatment and other
871 rehabilitative programming, could produce the same deterrent
872 effect otherwise expected from a lengthy incarceration.
873 2. The notice must also state that the state attorney may
874 notify the sentencing court in writing of any objection the
875 state attorney might have if the nonviolent offender is placed
876 in the reentry program. The state attorney must notify the
877 sentencing court of his or her objections within 14 days after
878 receiving the notice.
879 (d) The sentencing court shall notify the department in
880 writing of the court’s decision to approve or disapprove the
881 requested placement of the nonviolent offender no later than 28
882 days after the court receives the department’s request to place
883 the offender in the reentry program. Failure to notify the
884 department of the court’s decision within the 28-day period
885 constitutes approval to place the offender into the reentry
886 program.
887 (4) After the nonviolent offender is admitted into the
888 reentry program, he or she shall undergo a full substance abuse
889 assessment to determine his or her substance abuse treatment
890 needs. The offender shall also have an educational assessment,
891 which shall be accomplished using the Test of Adult Basic
892 Education or any other testing instrument approved by the
893 Department of Education. Each offender who has not obtained a
894 high school diploma shall be enrolled in an adult education
895 program designed to aid the offender in improving his or her
896 academic skills and earn a high school diploma. Further
897 assessments of the offender’s vocational skills and future
898 career education shall be provided to the offender as needed. A
899 periodic reevaluation shall be made in order to assess the
900 progress of each offender.
901 (5)(a) If a nonviolent offender becomes unmanageable, the
902 department may revoke the offender’s gain-time and place the
903 offender in disciplinary confinement in accordance with
904 department rule. Except as provided in paragraph (b), the
905 offender shall be readmitted to the reentry program after
906 completing the ordered discipline. Any period of time during
907 which the offender is unable to participate in the reentry
908 program shall be excluded from the specified time requirements
909 in the reentry program.
910 (b) The department may terminate an offender from the
911 reentry program if:
912 1. The offender commits or threatens to commit a violent
913 act;
914 2. The department determines that the offender is unable to
915 participate in the reentry program due to the offender’s medical
916 condition;
917 3. The offender’s sentence is modified or expires;
918 4. The department reassigns the offender’s classification
919 status; or
920 5. The department determines that removing the offender
921 from the reentry program is in the best interest of the offender
922 or the security of the institution.
923 (6)(a) The department shall submit a report to the court at
924 least 30 days before the nonviolent offender is scheduled to
925 complete the reentry program. The report must describe the
926 offender’s performance in the reentry program. If the
927 performance is satisfactory, the court shall issue an order
928 modifying the sentence imposed and place the offender on drug
929 offender probation subject to the offender’s successful
930 completion of the remainder of the reentry program. The term of
931 drug offender probation may include placement in a community
932 residential or nonresidential substance abuse treatment facility
933 under the jurisdiction of the department or the Department of
934 Children and Family Services or any public or private entity
935 providing such services. If the nonviolent offender violates the
936 conditions of drug offender probation, the court may revoke
937 probation and impose any sentence that it might have originally
938 imposed.
939 (b) If an offender being released pursuant to paragraph (a)
940 intends to reside in a county that has established a
941 postadjudicatory drug court program as described in s. 397.334,
942 Florida Statutes, the sentencing court may require the offender
943 to successfully complete the postadjudicatory drug court program
944 as a condition of drug offender probation. The original
945 sentencing court shall relinquish jurisdiction of the offender’s
946 case to the postadjudicatory drug court program until the
947 offender is no longer active in the program, the case is
948 returned to the sentencing court due to the offender’s
949 termination from the program for failure to comply with the
950 terms thereof, or the offender’s sentence is completed. If
951 transferred to a postadjudicatory drug court program, the
952 offender shall comply with all conditions and orders of the
953 program.
954 (7) The department shall implement the reentry program to
955 the fullest extent feasible within available resources.
956 (8) The department shall submit an annual report to the
957 Governor, the President of the Senate, and the Speaker of the
958 House of Representatives detailing the extent of implementation
959 of the reentry program and outlining future goals and any
960 recommendation the department has for future legislative action.
961 (9) The department may enter into performance-based
962 contracts with qualified individuals, agencies, or corporations
963 for the provision of any or all of the services for the reentry
964 program.
965 (10) A nonviolent offender in the reentry program is
966 subject to rules of conduct established by the department and
967 may have sanctions imposed, including loss of privileges,
968 restrictions, disciplinary confinement, alteration of release
969 plans, or other program modifications in keeping with the nature
970 and gravity of the program violation. Administrative or
971 protective confinement, as necessary, may be imposed.
972 (11) The department may establish a system of incentives
973 within the reentry program which the department may use to
974 promote participation in rehabilitative programs and the orderly
975 operation of institutions and facilities.
976 (12) The department shall develop a system for tracking
977 recidivism, including, but not limited to, rearrests and
978 recommitment of nonviolent offenders who successfully complete
979 the reentry program, and shall report the recidivism rate in its
980 annual report of the program.
981 (13) The department shall adopt rules pursuant to ss.
982 120.536(1) and 120.54, Florida Statutes, to administer the
983 reentry program.
984 Section 4. Paragraph (b) of subsection (4) of section
985 944.275, Florida Statutes, is amended to read:
986 944.275 Gain-time.—
987 (4)
988 (b) For each month in which an inmate works diligently,
989 participates in training, uses time constructively, or otherwise
990 engages in positive activities, the department may grant
991 incentive gain-time in accordance with this paragraph. The rate
992 of incentive gain-time in effect on the date the inmate
993 committed the offense which resulted in his or her incarceration
994 shall be the inmate’s rate of eligibility to earn incentive
995 gain-time throughout the period of incarceration and shall not
996 be altered by a subsequent change in the severity level of the
997 offense for which the inmate was sentenced.
998 1. For sentences imposed for offenses committed prior to
999 January 1, 1994, up to 20 days of incentive gain-time may be
1000 granted. If granted, such gain-time shall be credited and
1001 applied monthly.
1002 2. For sentences imposed for offenses committed on or after
1003 January 1, 1994, and before October 1, 1995:
1004 a. For offenses ranked in offense severity levels 1 through
1005 7, under s. 921.0012 or s. 921.0013, up to 25 days of incentive
1006 gain-time may be granted. If granted, such gain-time shall be
1007 credited and applied monthly.
1008 b. For offenses ranked in offense severity levels 8, 9, and
1009 10, under s. 921.0012 or s. 921.0013, up to 20 days of incentive
1010 gain-time may be granted. If granted, such gain-time shall be
1011 credited and applied monthly.
1012 3. For sentences imposed for offenses committed on or after
1013 October 1, 1995, the department may grant up to 10 days per
1014 month of incentive gain-time, except that no prisoner is
1015 eligible to earn any type of gain-time in an amount that would
1016 cause a sentence to expire, end, or terminate, or that would
1017 result in a prisoner’s release, prior to serving a minimum of 85
1018 percent of the sentence imposed. For purposes of this
1019 subparagraph, credits awarded by the court for time physically
1020 incarcerated shall be credited toward satisfaction of 85 percent
1021 of the sentence imposed. Except as provided by this section, a
1022 prisoner shall not accumulate further gain-time awards at any
1023 point when the tentative release date is the same as that date
1024 at which the prisoner will have served 85 percent of the
1025 sentence imposed. State prisoners sentenced to life imprisonment
1026 shall be incarcerated for the rest of their natural lives,
1027 unless granted pardon or clemency.
1028 4. For sentences imposed for offenses committed on or after
1029 October 1, 2011, the department may grant up to 10 days per
1030 month of incentive gain-time, except that a prisoner is not
1031 eligible to earn gain-time in an amount that would cause a
1032 sentence to expire, end, or terminate, or would result in a
1033 prisoner’s release, before serving the following minimum
1034 percentage of sentence imposed:
1035 a. Ninety-two percent of the sentenced imposed for a
1036 prisoner sentenced for committing a violent offense and who has
1037 one or more prior felony convictions.
1038 b. Eighty-seven percent of the sentenced imposed for a
1039 prisoner sentenced for committing a violent offense and who has
1040 no prior felony convictions.
1041 c. Eighty-five percent of the sentenced imposed for a
1042 prisoner sentenced for committing a nonviolent offense and who
1043 has one or more prior felony convictions.
1044 d. Sixty-five percent of the sentenced imposed for a
1045 prisoner sentenced for committing a nonviolent offense and who
1046 has no prior felony convictions.
1047
1048 For the purposes of this subparagraph, the term “violent
1049 offense” has the same meaning as the term “forcible felony” as
1050 defined in s. 776.08.
1051 Section 5. For the purpose of incorporating the amendment
1052 made by this act to section 944.275, Florida Statutes, in a
1053 reference thereto, paragraph (k) of subsection (4) of section
1054 775.084, Florida Statutes, is reenacted to read:
1055 775.084 Violent career criminals; habitual felony offenders
1056 and habitual violent felony offenders; three-time violent felony
1057 offenders; definitions; procedure; enhanced penalties or
1058 mandatory minimum prison terms.—
1059 (4)
1060 (k)1. A defendant sentenced under this section as a
1061 habitual felony offender, a habitual violent felony offender, or
1062 a violent career criminal is eligible for gain-time granted by
1063 the Department of Corrections as provided in s. 944.275(4)(b).
1064 2. For an offense committed on or after October 1, 1995, a
1065 defendant sentenced under this section as a violent career
1066 criminal is not eligible for any form of discretionary early
1067 release, other than pardon or executive clemency, or conditional
1068 medical release granted pursuant to s. 947.149.
1069 3. For an offense committed on or after July 1, 1999, a
1070 defendant sentenced under this section as a three-time violent
1071 felony offender shall be released only by expiration of sentence
1072 and shall not be eligible for parole, control release, or any
1073 form of early release.
1074 Section 6. This act shall take effect October 1, 2011.