Florida Senate - 2020 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1308

Ì695928ZÎ695928

576-04137-20
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Criminal and Civil Justice)
1 A bill to be entitled
2 An act relating to criminal justice; creating s.
3 322.3401, F.S.; providing legislative intent; defining
4 terms; requiring certain persons convicted of driving
5 while license suspended, revoked, canceled, or
6 disqualified committed before a specified date to be
7 sentenced in a specified manner in accordance with the
8 amendments in ch. 2019-167, Laws of Florida;
9 authorizing a court to resentence persons who
10 committed such violations before a specified date and
11 are serving terms of imprisonment or supervision;
12 providing resentencing requirements; requiring certain
13 outstanding fines, fees, and costs to be waived;
14 requiring certain persons convicted of driving while
15 license suspended, revoked, canceled, or disqualified
16 to have such conviction treated as a misdemeanor for
17 specified purposes; amending s. 379.407, F.S.;
18 deleting provisions requiring mandatory minimum terms
19 of imprisonment for certain offenses relating to spiny
20 lobsters and saltwater products; amending s. 403.4154,
21 F.S.; deleting provisions requiring specified
22 sentences of imprisonment for certain offenses related
23 to a phosphogypsum stack or stack system; amending s.
24 456.065, F.S.; deleting provisions requiring minimum
25 mandatory terms of imprisonment for the violation of
26 certain offenses related to the unlicensed practice of
27 a health care profession; amending s. 624.401, F.S.;
28 deleting provisions requiring minimum terms of
29 imprisonment for certain offenses related to insurers
30 operating without a certificate of authority; amending
31 s. 775.082, F.S.; revising the required sentencing
32 structure for prison releasee reoffenders upon proof
33 from a state attorney which establishes that a
34 defendant is a prison releasee reoffender; deleting a
35 provision that prohibits a prison releasee reoffender
36 from eligibility for any form of early release and
37 that requires a prison releasee reoffender to serve
38 100 percent of the court-imposed sentence; providing
39 legislative intent; defining a term; applying the
40 revised sentencing structure to specified persons
41 under certain circumstances; providing resentencing
42 requirements; deleting a provision relating to
43 legislative intent; deleting a provision that requires
44 a state attorney to explain a sentencing deviation in
45 writing under certain circumstances; conforming
46 provisions to changes made by the act; amending s.
47 817.234, F.S.; deleting provisions requiring mandatory
48 minimum terms of imprisonment for certain offenses
49 related to false and fraudulent insurance claims;
50 amending s. 893.135, F.S.; creating exceptions to
51 ineligibility for discretionary early release for
52 conditional aging inmate release for the violation of
53 specified drug trafficking offenses; authorizing a
54 court to impose a sentence other than a mandatory
55 minimum term of imprisonment and mandatory fine for a
56 person convicted of trafficking if the court makes
57 certain findings on the record; conforming provisions
58 to changes made by the act; amending s. 921.002, F.S.;
59 renaming the Criminal Punishment Code as the Public
60 Safety Code; revising the primary purpose of
61 sentencing under the Public Safety Code from
62 punishment to public safety; reenacting and amending
63 s. 921.1402, F.S.; revising the circumstances under
64 which a juvenile offender is not entitled to a review
65 of his or her sentence after a specified timeframe;
66 creating s. 921.14021, F.S.; providing legislative
67 intent for retroactive application; providing for
68 retroactive application of a specified provision
69 relating to a review of sentence for juvenile
70 offenders convicted of murder; providing for immediate
71 review of certain sentences; creating s. 921.1403,
72 F.S.; providing legislative intent for retroactive
73 application; defining the term “young adult offender”;
74 precluding eligibility for a sentence review for young
75 adult offenders who previously committed, or conspired
76 to commit, murder; providing timeframes within which
77 young adult offenders who commit specified crimes are
78 entitled to a review of their sentences; providing
79 applicability; requiring the Department of Corrections
80 to notify young adult offenders in writing of their
81 eligibility for sentence review within certain
82 timeframes; requiring a young adult offender seeking a
83 sentence review or a subsequent sentence review to
84 submit an application to the original sentencing court
85 and request a hearing; providing for legal
86 representation of eligible young adult offenders;
87 providing for one subsequent review hearing for the
88 young adult offender after a certain timeframe if he
89 or she is not resentenced at the initial sentence
90 review hearing; requiring the original sentencing
91 court to hold a sentence review hearing upon receiving
92 an application from an eligible young adult offender;
93 requiring the court to consider certain factors in
94 determining whether to modify the young adult
95 offender’s sentence; authorizing a court to modify the
96 sentence of certain young adult offenders if the court
97 makes certain determinations; requiring the court to
98 issue a written order stating certain information in
99 specified circumstances; amending s. 925.11, F.S.;
100 defining terms; authorizing specified persons to
101 petition a court for postsentencing forensic analysis
102 that may result in evidence of the identity of a
103 perpetrator or an accomplice to a crime; providing
104 requirements for such petition; requiring a court to
105 make specified findings before entering an order for
106 forensic analysis; providing for payment of costs
107 associated with such forensic analysis; requiring the
108 forensic analysis to be performed by the Department of
109 Law Enforcement; providing exceptions; providing
110 requirements for such exceptions; requiring the
111 department to submit a DNA profile meeting submission
112 standards to certain DNA databases; requiring the
113 results of the DNA database search to be provided to
114 specified parties; authorizing a court to order
115 specified persons to conduct a search for physical
116 evidence reported to be missing or destroyed in
117 violation of law; requiring a report of the results of
118 such a search; providing for requirements and
119 distribution of such report; amending s. 925.12, F.S.;
120 authorizing specified defendants to petition for
121 forensic analysis after entering a plea of guilty or
122 nolo contendere; requiring a court to inquire of a
123 defendant about specified information relating to
124 physical evidence before accepting a plea; revising
125 legislative intent; creating s. 943.0587, F.S.;
126 defining terms; providing that persons who meet
127 specified criteria are eligible to petition a court to
128 expunge a criminal history record for convictions of
129 driving while license suspended, revoked, canceled, or
130 disqualified; requiring such persons to apply to the
131 Department of Law Enforcement for a certificate of
132 eligibly for expunction; requiring the department to
133 adopt rules; requiring the department to issue such
134 certificates if specified conditions are met;
135 providing for the timeframe during which a certificate
136 is valid; providing requirements for such petitions;
137 providing criminal penalties; providing court
138 authority and procedures relating to a petition to
139 expunge; providing for the effects of expunction
140 orders; amending s. 943.325, F.S.; authorizing certain
141 samples obtained from postsentencing forensic analysis
142 to be entered into the statewide DNA database;
143 authorizing DNA analysis and results to be released to
144 specified entities; amending s. 943.3251, F.S.;
145 requiring the department, its designee, or a private
146 laboratory to carry out certain forensic analysis and
147 searches of the statewide DNA database; requiring the
148 results of forensic analysis and a DNA database search
149 to be provided to specified entities; amending s.
150 944.705, F.S.; requiring the Department of Corrections
151 to notify every inmate of specified information upon
152 their release; creating s. 945.0911, F.S.; providing
153 legislative findings; establishing the conditional
154 medical release program within the department;
155 establishing a panel to consider specified matters;
156 defining terms; providing for program eligibility;
157 authorizing an inmate to be released on conditional
158 medical release before serving 85 percent of his or
159 her term of imprisonment; requiring any inmate who
160 meets certain criteria to be considered for
161 conditional medical release; providing that the inmate
162 does not have a right to release or to a certain
163 medical evaluation; requiring the department to
164 identify eligible inmates; requiring the department to
165 refer certain inmates to the panel for consideration;
166 providing for victim notification under certain
167 circumstances; requiring the panel to conduct a
168 hearing within specified timeframes; specifying
169 requirements for the hearing; providing conditions for
170 release; providing that an inmate who is approved for
171 conditional medical release must be released from the
172 department in a reasonable amount of time; providing
173 that an inmate is considered a medical releasee upon
174 release from the department into the community;
175 providing a review process for an inmate who is denied
176 release; requiring medical releasees to comply with
177 specified conditions; providing that medical releasees
178 remain in the custody, supervision, and control of the
179 department; providing that a medical releasee is
180 eligible to earn or lose gain-time; prohibiting a
181 medical releasee or his or her community-based housing
182 from being counted in the prison system population and
183 the prison capacity figures, respectively; providing
184 for the revocation of a medical releasee’s conditional
185 medical release; authorizing the medical releasee to
186 be returned to the department’s custody if his or her
187 medical or physical condition improves; authorizing
188 the department to order a medical releasee to be
189 returned for a revocation hearing or to remain in the
190 community pending such hearing; authorizing the
191 department to issue a warrant for the arrest of a
192 medical releasee under certain circumstances;
193 authorizing a medical releasee to admit to the
194 allegation that his or her medical or physical
195 condition improved or to proceed to a revocation
196 hearing; requiring such hearing to be conducted by the
197 panel; requiring certain evidence to be reviewed and a
198 recommendation to be made before such hearing;
199 requiring a majority of the panel members to agree
200 that revocation of medical release is appropriate;
201 requiring a medical releasee to be recommitted to the
202 department to serve the balance of his or her sentence
203 if a conditional medical release is revoked; providing
204 that gain-time is not forfeited for revocation based
205 on improvement in the medical releasee’s condition;
206 providing a review process for a medical releasee who
207 has his or her release revoked; authorizing the
208 medical releasee to be recommitted if he or she
209 violates any conditions of the release; authorizing
210 certain entities to issue a warrant for the arrest of
211 a medical releasee if certain conditions are met;
212 authorizing a law enforcement or probation officer to
213 arrest a medical releasee without a warrant under
214 certain circumstances; requiring that the medical
215 releasee be detained if a violation is based on
216 certain circumstances; authorizing certain entities to
217 issue a warrant for the arrest of a medical releasee
218 if certain conditions are met; authorizing law
219 enforcement or probation officer to arrest a medical
220 releasee without a warrant under certain
221 circumstances; authorizing a medical releasee to admit
222 to the alleged violation or to proceed to a revocation
223 hearing; requiring such hearing to be conducted by the
224 panel; requiring a majority of the panel members to
225 agree that revocation of medical release is
226 appropriate; requiring specified medical releasees to
227 be recommitted to the department upon the revocation
228 of the conditional medical release; authorizing the
229 forfeiture of gain-time if the revocation is based on
230 certain violations; providing a review process for a
231 medical releasee who has his or her release revoked;
232 requiring that the medical releasee be given specified
233 information in certain instances; requiring the panel
234 to provide a written statement as to evidence relied
235 on and reasons for revocation; requiring a medical
236 releasee whose release is revoked and who is
237 recommitted to the department to comply with the 85
238 percent requirement upon recommitment; requiring the
239 department to notify certain persons within a
240 specified timeframe of an inmate’s diagnosis of a
241 terminal medical condition; requiring the department
242 to allow a visit between an inmate and certain persons
243 within 7 days of a diagnosis of a terminal medical
244 condition; requiring the department to initiate the
245 conditional medical release review process immediately
246 upon an inmate’s diagnosis of a terminal medical
247 condition; requiring the inmate to consent to release
248 of information under certain circumstances; providing
249 members of the panel have sovereign immunity related
250 to specified decisions; providing rulemaking
251 authority; creating s. 945.0912, F.S.; providing
252 legislative findings; establishing the conditional
253 aging inmate release program within the department;
254 establishing a panel to consider specified matters;
255 providing for program eligibility; providing that an
256 inmate may be released on conditional aging inmate
257 release before serving 85 percent of his or her term
258 of imprisonment; prohibiting certain inmates from
259 being considered for conditional aging release;
260 requiring that an inmate who meets certain criteria be
261 considered for conditional aging inmate release;
262 providing that the inmate does not have a right to
263 release; requiring the department to identify eligible
264 inmates; requiring the department to refer certain
265 inmates to the panel for consideration; providing
266 victim notification requirements under certain
267 circumstances; requiring the panel to conduct a
268 hearing within specified timeframes; specifying
269 requirements for the hearing; requiring that inmates
270 who are approved for conditional aging inmate release
271 be released from the department’s custody within a
272 reasonable amount of time; providing that an inmate is
273 considered an aging releasee upon release from the
274 department into the community; providing a review
275 process for an inmate who is denied release; providing
276 conditions for release; providing that aging releasees
277 remain in the custody, supervision, and control of the
278 department; providing that the department does not
279 have a duty to provide medical care to an aging
280 releasee; providing that an aging releasee is eligible
281 to earn or lose gain-time; prohibiting an aging
282 releasee or his or her community-based housing from
283 being counted in the prison system population and the
284 prison capacity figures, respectively; providing for
285 the revocation of conditional aging inmate release;
286 authorizing the department to issue a warrant for the
287 arrest of an aging releasee under certain
288 circumstances; authorizing a law enforcement or
289 probation officer to arrest an aging releasee without
290 a warrant under certain circumstances; requiring an
291 aging releasee to be detained without bond if a
292 violation is based on certain circumstances; requiring
293 the department to order an aging releasee subject to
294 revocation to be returned to department custody for a
295 revocation hearing; authorizing an aging releasee to
296 admit to his or her alleged violation or to proceed to
297 a revocation hearing; requiring such hearing to be
298 conducted by the panel; requiring a majority of the
299 panel to agree that revocation is appropriate;
300 authorizing the forfeiture of gain-time if the
301 revocation is based on certain violations; providing
302 that an aging releasee whose conditional aging inmate
303 release is revoked and is recommitted to the
304 department must comply with the 85 percent requirement
305 upon recommitment; providing a review process for an
306 aging releasee who has his or her released revoked;
307 requiring the aging releasee to be given specified
308 information in certain instances; requiring the panel
309 to provide a written statement as to evidence relied
310 on and reasons for revocation; providing that members
311 of the panel have sovereign immunity related to
312 specified decisions; providing rulemaking authority;
313 repealing s. 947.149, F.S., relating to conditional
314 medical release; amending s. 948.06, F.S.; requiring a
315 court to modify or continue a probationary term upon
316 finding that a probationer has met all specified
317 conditions, rather than any of the conditions, after a
318 violation of probation; creating s. 951.30, F.S.;
319 requiring that administrators of county detention
320 facilities provide inmates with certain information in
321 writing upon their release; amending s. 961.02, F.S.;
322 revising and redefining terms; amending s. 961.03,
323 F.S.; revising the minimum requirements of a petition
324 that a person must set forth in order to meet the
325 definition of a “wrongfully incarcerated person”;
326 extending the filing deadline for a person to file a
327 petition claiming wrongful incarceration; providing
328 limited retroactivity for filing a petition claiming
329 wrongful incarceration; providing that certain persons
330 do not have standing to file a claim on behalf of a
331 deceased person; conforming provisions to changes made
332 by the act; repealing s. 961.04, F.S., relating to
333 eligibility for compensation for wrongful
334 incarceration; amending s. 961.05, F.S.; conforming
335 provisions to changes made by the act; amending s.
336 961.06, F.S.; revising the date after which the Chief
337 Financial Officer is authorized to adjust the annual
338 rate of compensation for a wrongfully incarcerated
339 person; deleting provisions relating to calculating
340 monetary compensation for certain wrongfully
341 incarcerated persons; requiring the state to deduct
342 the amount of a civil award from the state
343 compensation amount owed if the claimant first
344 receives a civil award; deleting a requirement that a
345 wrongfully incarcerated person sign a release and
346 waiver before receiving compensation; requiring a
347 claimant to reimburse the state for any difference
348 between state compensation and a civil award if the
349 claimant receives statutory compensation before a
350 civil award; requiring a claimant to notify the
351 Department of Legal Affairs upon filing a civil
352 action; deleting a provision prohibiting a wrongfully
353 incarcerated person from submitting an application for
354 compensation if the person has a lawsuit pending
355 requesting compensation; requiring the department to
356 file a notice of payment of monetary compensation in
357 the civil action; conforming provisions to changes
358 made by the act; amending s. 1009.21, F.S.; providing
359 that a specified period of time spent in a county
360 detention facility or state correctional facility
361 counts toward a certain residency requirement for
362 tuition purposes; requiring the Office of Program
363 Policy and Governmental Accountability (OPPAGA) to
364 conduct a study to evaluate the various opportunities
365 available to persons returning to the community from
366 imprisonment; providing study requirements; requiring
367 OPPAGA to submit a report to the Governor and the
368 Legislature by a specified date; conforming provisions
369 to changes made by the act; amending ss. 316.1935,
370 775.084, 775.087, 782.051, 784.07, 790.235, 794.0115,
371 817.568, 893.03, 893.13, 893.20, 910.035, 921.0022,
372 921.0023, 921.0024, 921.0025, 921.0026, 921.0027,
373 924.06, 924.07, 944.17, 944.605, 944.70, 947.13,
374 947.141, 948.01, 948.015, 948.06, 948.20, 948.51,
375 958.04, and 985.465, F.S.; conforming provisions to
376 changes made by the act; providing effective dates.
377
378 Be It Enacted by the Legislature of the State of Florida:
379
380 Section 1. Section 322.3401, Florida Statutes, is created
381 to read:
382 322.3401 Retroactive application relating to s. 322.34;
383 legislative intent; prohibiting certain sentences for specified
384 offenses; resentencing procedures.—
385 (1) It is the intent of the Legislature to retroactively
386 apply section 12 of chapter 2019-167, Laws of Florida, only as
387 provided in this section, to persons who committed the offense
388 of driving while license suspended, revoked, canceled, or
389 disqualified before October 1, 2019, the effective date of
390 section 12 of chapter 2019-167, Laws of Florida, which amended
391 s. 322.34 to modify criminal penalties and collateral
392 consequences for offenses under that section.
393 (2) As used in this section, the term:
394 (a) “Former s. 322.34” is a reference to s. 322.34 as it
395 existed at any time before its amendment by chapter 2019-167,
396 Laws of Florida.
397 (b) “New s. 322.34” is a reference to s. 322.34 as it
398 exists after the amendments made by chapter 2019-167, Laws of
399 Florida, became effective.
400 (3)(a) A person who committed the offense of driving while
401 license suspended, revoked, canceled, or disqualified before
402 October 1, 2019, but who was not sentenced under former s.
403 322.34 before October 1, 2020, must be sentenced in accordance
404 with s. 775.082, s. 775.083, or s. 775.084 for the degree of
405 offense as provided for in the new s. 322.34.
406 (b) A person who committed the offense of driving while
407 license suspended, revoked, canceled, or disqualified before
408 October 1, 2019, who was sentenced before October 1, 2019, to a
409 term of imprisonment or supervision pursuant to former s.
410 322.34, and who is serving such penalty on or after October 1,
411 2020, may be resentenced in accordance with paragraph (c).
412 (c) Resentencing under this section must occur in the
413 following manner:
414 1. A person described in paragraph (b) who is eligible to
415 request a sentence review hearing pursuant to this section shall
416 be notified of such eligibility by the facility in which the
417 person is imprisoned or the entity who is supervising the
418 person.
419 2. A person seeking a sentence review hearing under this
420 section must submit an application to the court of original
421 jurisdiction requesting that such a hearing be conducted. Such
422 request by the person serves to initiate the procedures provided
423 for in this section. The sentencing court shall retain original
424 jurisdiction for the duration of the sentence for this purpose.
425 3. A person who is eligible for a sentence review hearing
426 under this section is entitled to be represented by counsel, and
427 the court shall appoint a public defender to represent the
428 person if he or she cannot afford an attorney.
429 4. Upon receiving an application from the eligible person,
430 the court of original jurisdiction shall hold a sentence review
431 hearing to determine if the eligible person meets the criteria
432 for resentencing under this section.
433 5. If the court determines at the sentence review hearing
434 that the eligible person meets the criteria in this section for
435 resentencing, the court may resentence the person in accordance
436 with s. 775.082, s. 775.083, or s. 775.084 for the degree of
437 offense as provided for in the new s. 322.34. However, the new
438 sentence may not exceed the person’s original sentence with
439 credit for time served. If the court does not resentence the
440 person under this subsection, the court must provide written
441 findings why resentencing is not appropriate.
442 (4) Notwithstanding any other law, a person who has been
443 convicted of a felony under former s. 322.34 and whose offense
444 would not be classified as a felony under the new s. 322.34 must
445 have all outstanding fines, fees, and costs related to such
446 felony conviction waived. In addition, such person must be
447 treated as if he or she had been convicted of a misdemeanor for
448 purposes of any right, privilege, benefit, remedy, or collateral
449 consequence that the person might be entitled to but for such
450 felony conviction. This provision does not serve to remove the
451 designation of the person as a convicted felon. However, the
452 consequences of such felony conviction which are solely
453 statutory in nature and are imposed as a result of such
454 conviction shall no longer apply.
455 Section 2. Subsections (5) and (7) of section 379.407,
456 Florida Statutes, are amended to read:
457 379.407 Administration; rules, publications, records;
458 penalties; injunctions.—
459 (5) PENALTIES FOR POSSESSION OF SPINY LOBSTER; CLOSED
460 SEASON AND WRUNG TAILS.—
461 (a) It is a major violation under this section for any
462 person, firm, or corporation to be in possession of spiny
463 lobster during the closed season or, while on the water, to be
464 in possession of spiny lobster tails that have been wrung or
465 separated from the body, unless such possession is allowed by
466 commission rule. A person, firm, or corporation that violates
467 this paragraph is subject to the following penalties:
468 1. A first violation is a misdemeanor of the second degree,
469 punishable as provided in s. 775.082 or s. 775.083. If the
470 violation involves 25 or more lobster, the violation is a
471 misdemeanor of the first degree, punishable as provided in s.
472 775.082 or s. 775.083.
473 2. A second violation is a misdemeanor of the first degree,
474 punishable as provided in s. 775.082 or s. 775.083, and such
475 person is subject to a suspension of his or her license
476 privileges under this chapter for a period not to exceed 90
477 days.
478 3. A third violation is a misdemeanor of the first degree,
479 punishable as provided in s. 775.082 or s. 775.083, with a
480 mandatory minimum term of imprisonment of 6 months, and such
481 person may be assessed a civil penalty of up to $2,500 and is
482 subject to a suspension of all license privileges under this
483 chapter for a period not to exceed 6 months.
484 4. A third violation within 1 year after a second violation
485 is a felony of the third degree, punishable as provided in s.
486 775.082 or s. 775.083, with a mandatory minimum term of
487 imprisonment of 1 year, and such person shall be assessed a
488 civil penalty of $5,000 and all license privileges under this
489 chapter shall be permanently revoked.
490 5. A fourth or subsequent violation is a felony of the
491 third degree, punishable as provided in s. 775.082 or s.
492 775.083, with a mandatory minimum term of imprisonment of 1
493 year, and such person shall be assessed a civil penalty of
494 $5,000 and all license privileges under this chapter shall be
495 permanently revoked.
496 (b) It is a major violation under this section for a
497 recreational or commercial harvester to possess an undersized
498 spiny lobster, unless authorized by commission rule. For
499 violations of this paragraph involving fewer than 100 undersized
500 spiny lobsters, each undersized spiny lobster may be charged as
501 a separate offense under subparagraphs 1. and 2. However, the
502 total penalties assessed under subparagraphs 1. and 2. for any
503 one scheme or course of conduct may not exceed 4 years’
504 imprisonment and a fine of $4,000 under such subparagraphs. A
505 person who violates this paragraph is subject to the following
506 penalties:
507 1. A first violation is a misdemeanor of the second degree,
508 punishable as provided in s. 775.082 or s. 775.083.
509 2. A second or subsequent violation is a misdemeanor of the
510 first degree, punishable as provided in s. 775.082 or s.
511 775.083.
512 3. If a violation involves 100 or more undersized spiny
513 lobsters, the violation is a felony of the third degree,
514 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
515 and a mandatory civil fine of at least $500. In addition, the
516 commission shall assess the violator with an administrative
517 penalty of up to $2,000 and may suspend the violator’s license
518 privileges under this chapter for a period of up to 12 months.
519 (7) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR HARVEST.—It
520 is a major violation and punishable as provided in this
521 subsection for any unlicensed person, firm, or corporation who
522 is required to be licensed under this chapter as a commercial
523 harvester or a wholesale or retail dealer to sell or purchase
524 any saltwater product or to harvest or attempt to harvest any
525 saltwater product with intent to sell the saltwater product.
526 (a) Any person, firm, or corporation who sells or purchases
527 any saltwater product without having purchased the licenses
528 required by this chapter for such sale is subject to penalties
529 as follows:
530 1. A first violation is a misdemeanor of the second degree,
531 punishable as provided in s. 775.082 or s. 775.083.
532 2. A second violation is a misdemeanor of the first degree,
533 punishable as provided in s. 775.082 or s. 775.083, and such
534 person may also be assessed a civil penalty of up to $2,500 and
535 is subject to a suspension of all license privileges under this
536 chapter for a period not exceeding 90 days.
537 3. A third violation is a misdemeanor of the first degree,
538 punishable as provided in s. 775.082 or s. 775.083, with a
539 mandatory minimum term of imprisonment of 6 months, and such
540 person may also be assessed a civil penalty of up to $5,000 and
541 is subject to a suspension of all license privileges under this
542 chapter for a period not exceeding 6 months.
543 4. A third violation within 1 year after a second violation
544 is a felony of the third degree, punishable as provided in s.
545 775.082 or s. 775.083, with a mandatory minimum term of
546 imprisonment of 1 year, and such person shall be assessed a
547 civil penalty of $5,000 and all license privileges under this
548 chapter shall be permanently revoked.
549 5. A fourth or subsequent violation is a felony of the
550 third degree, punishable as provided in s. 775.082 or s.
551 775.083, with a mandatory minimum term of imprisonment of 1
552 year, and such person shall be assessed a civil penalty of
553 $5,000 and all license privileges under this chapter shall be
554 permanently revoked.
555 (b) Any person whose license privileges under this chapter
556 have been permanently revoked and who thereafter sells or
557 purchases or who attempts to sell or purchase any saltwater
558 product commits a felony of the third degree, punishable as
559 provided in s. 775.082 or s. 775.083, with a mandatory minimum
560 term of imprisonment of 1 year, and such person shall also be
561 assessed a civil penalty of $5,000. All property involved in
562 such offense shall be forfeited pursuant to s. 379.337.
563 (c) Any commercial harvester or wholesale or retail dealer
564 whose license privileges under this chapter are under suspension
565 and who during such period of suspension sells or purchases or
566 attempts to sell or purchase any saltwater product shall be
567 assessed the following penalties:
568 1. A first violation, or a second violation occurring more
569 than 12 months after a first violation, is a first degree
570 misdemeanor, punishable as provided in ss. 775.082 and 775.083,
571 and such commercial harvester or wholesale or retail dealer may
572 be assessed a civil penalty of up to $2,500 and an additional
573 suspension of all license privileges under this chapter for a
574 period not exceeding 90 days.
575 2. A second violation occurring within 12 months of a first
576 violation is a third degree felony, punishable as provided in
577 ss. 775.082 and 775.083, with a mandatory minimum term of
578 imprisonment of 1 year, and such commercial harvester or
579 wholesale or retail dealer may be assessed a civil penalty of up
580 to $5,000 and an additional suspension of all license privileges
581 under this chapter for a period not exceeding 180 days. All
582 property involved in such offense shall be forfeited pursuant to
583 s. 379.337.
584 3. A third violation within 24 months of the second
585 violation or subsequent violation is a third degree felony,
586 punishable as provided in ss. 775.082 and 775.083, with a
587 mandatory minimum term of imprisonment of 1 year, and such
588 commercial harvester or wholesale or retail dealer shall be
589 assessed a mandatory civil penalty of up to $5,000 and an
590 additional suspension of all license privileges under this
591 chapter for a period not exceeding 24 months. All property
592 involved in such offense shall be forfeited pursuant to s.
593 379.337.
594 (d) Any commercial harvester who harvests or attempts to
595 harvest any saltwater product with intent to sell the saltwater
596 product without having purchased a saltwater products license
597 with the requisite endorsements is subject to penalties as
598 follows:
599 1. A first violation is a misdemeanor of the second degree,
600 punishable as provided in s. 775.082 or s. 775.083.
601 2. A second violation is a misdemeanor of the first degree,
602 punishable as provided in s. 775.082 or s. 775.083, and such
603 commercial harvester may also be assessed a civil penalty of up
604 to $2,500 and is subject to a suspension of all license
605 privileges under this chapter for a period not exceeding 90
606 days.
607 3. A third violation is a misdemeanor of the first degree,
608 punishable as provided in s. 775.082 or s. 775.083, with a
609 mandatory minimum term of imprisonment of 6 months, and such
610 commercial harvester may also be assessed a civil penalty of up
611 to $5,000 and is subject to a suspension of all license
612 privileges under this chapter for a period not exceeding 6
613 months.
614 4. A third violation within 1 year after a second violation
615 is a felony of the third degree, punishable as provided in s.
616 775.082 or s. 775.083, with a mandatory minimum term of
617 imprisonment of 1 year, and such commercial harvester shall also
618 be assessed a civil penalty of $5,000 and all license privileges
619 under this chapter shall be permanently revoked.
620 5. A fourth or subsequent violation is a felony of the
621 third degree, punishable as provided in s. 775.082 or s.
622 775.083, with a mandatory minimum term of imprisonment of 1
623 year, and such commercial harvester shall also be assessed a
624 mandatory civil penalty of $5,000 and all license privileges
625 under this chapter shall be permanently revoked.
626
627 For purposes of this subsection, a violation means any judicial
628 disposition other than acquittal or dismissal.
629 Section 3. Paragraphs (c) and (d) of subsection (2) of
630 section 403.4154, Florida Statutes, are amended to read:
631 403.4154 Phosphogypsum management program.—
632 (2) REGULATORY PROGRAM.—
633 (c) Whoever willfully, knowingly, or with reckless
634 indifference or gross carelessness misstates or misrepresents
635 the financial condition or closure costs of an entity engaged in
636 managing, owning, or operating a phosphogypsum stack or stack
637 system commits a felony of the third degree, punishable as
638 provided in s. 775.082 or s. 775.083, and by a fine of not more
639 than $50,000 and by imprisonment for 5 years for each offense.
640 (d) If an owner or operator of a phosphogypsum stack or
641 stack system fails to comply with department rules requiring
642 demonstration of closure financial responsibility, no
643 distribution may be made which would be prohibited under s.
644 607.06401(3) until the noncompliance is corrected. Whoever
645 willfully, knowingly, or with reckless indifference or gross
646 carelessness violates this prohibition commits a felony of the
647 third degree, punishable as provided in s. 775.082 or s.
648 775.083, and by a fine of not more than $50,000 or by
649 imprisonment for 5 years for each offense.
650 Section 4. Paragraph (d) of subsection (2) of section
651 456.065, Florida Statutes, is amended to read:
652 456.065 Unlicensed practice of a health care profession;
653 intent; cease and desist notice; penalties; enforcement;
654 citations; fees; allocation and disposition of moneys
655 collected.—
656 (2) The penalties for unlicensed practice of a health care
657 profession shall include the following:
658 (d) In addition to the administrative and civil remedies
659 under paragraphs (b) and (c) and in addition to the criminal
660 violations and penalties listed in the individual health care
661 practice acts:
662 1. It is a felony of the third degree, punishable as
663 provided in s. 775.082, s. 775.083, or s. 775.084, to practice,
664 attempt to practice, or offer to practice a health care
665 profession without an active, valid Florida license to practice
666 that profession. Practicing without an active, valid license
667 also includes practicing on a suspended, revoked, or void
668 license, but does not include practicing, attempting to
669 practice, or offering to practice with an inactive or delinquent
670 license for a period of up to 12 months which is addressed in
671 subparagraph 3. Knowingly applying for employment for a position
672 that requires a license without notifying the employer that the
673 person does not currently possess a valid, active license to
674 practice that profession shall be deemed to be an attempt or
675 offer to practice that health care profession without a license.
676 Holding oneself out, regardless of the means of communication,
677 as able to practice a health care profession or as able to
678 provide services that require a health care license shall be
679 deemed to be an attempt or offer to practice such profession
680 without a license. The minimum penalty for violating this
681 subparagraph shall be a fine of $1,000 and a minimum mandatory
682 period of incarceration of 1 year.
683 2. It is a felony of the second degree, punishable as
684 provided in s. 775.082, s. 775.083, or s. 775.084, to practice a
685 health care profession without an active, valid Florida license
686 to practice that profession when such practice results in
687 serious bodily injury. For purposes of this section, “serious
688 bodily injury” means death; brain or spinal damage;
689 disfigurement; fracture or dislocation of bones or joints;
690 limitation of neurological, physical, or sensory function; or
691 any condition that required subsequent surgical repair. The
692 minimum penalty for violating this subparagraph shall be a fine
693 of $1,000 and a minimum mandatory period of incarceration of 1
694 year.
695 3. It is a misdemeanor of the first degree, punishable as
696 provided in s. 775.082 or s. 775.083, to practice, attempt to
697 practice, or offer to practice a health care profession with an
698 inactive or delinquent license for any period of time up to 12
699 months. However, practicing, attempting to practice, or offering
700 to practice a health care profession when that person’s license
701 has been inactive or delinquent for a period of time of 12
702 months or more shall be a felony of the third degree, punishable
703 as provided in s. 775.082, s. 775.083, or s. 775.084. The
704 minimum penalty for violating this subparagraph shall be a term
705 of imprisonment of 30 days and a fine of $500.
706 Section 5. Subsection (4) of section 624.401, Florida
707 Statutes, is amended to read:
708 624.401 Certificate of authority required.—
709 (4)(a) Any person who acts as an insurer, transacts
710 insurance, or otherwise engages in insurance activities in this
711 state without a certificate of authority in violation of this
712 section commits a felony of the third degree, punishable as
713 provided in s. 775.082, s. 775.083, or s. 775.084.
714 (b) However, any person acting as an insurer without a
715 valid certificate of authority who violates this section commits
716 insurance fraud, punishable as provided in this paragraph. If
717 the amount of any insurance premium collected with respect to
718 any violation of this section:
719 1. Is less than $20,000, the offender commits a felony of
720 the third degree, punishable as provided in s. 775.082, s.
721 775.083, or s. 775.084, and the offender shall be sentenced to a
722 minimum term of imprisonment of 1 year.
723 2. Is $20,000 or more, but less than $100,000, the offender
724 commits a felony of the second degree, punishable as provided in
725 s. 775.082, s. 775.083, or s. 775.084, and the offender shall be
726 sentenced to a minimum term of imprisonment of 18 months.
727 3. Is $100,000 or more, the offender commits a felony of
728 the first degree, punishable as provided in s. 775.082, s.
729 775.083, or s. 775.084, and the offender shall be sentenced to a
730 minimum term of imprisonment of 2 years.
731 Section 6. Paragraphs (d) and (e) of subsection (8) and
732 subsection (9) of section 775.082, Florida Statutes, are amended
733 to read:
734 775.082 Penalties; applicability of sentencing structures;
735 mandatory minimum sentences for certain reoffenders previously
736 released from prison.—
737 (8)
738 (d) The Public Safety Criminal Punishment Code applies to
739 all felonies, except capital felonies, committed on or after
740 October 1, 1998. Any revision to the Public Safety Criminal
741 Punishment Code applies to sentencing for all felonies, except
742 capital felonies, committed on or after the effective date of
743 the revision.
744 (e) Felonies, except capital felonies, with continuing
745 dates of enterprise shall be sentenced under the sentencing
746 guidelines or the Public Safety Criminal Punishment Code in
747 effect on the beginning date of the criminal activity.
748 (9)(a)1. “Prison releasee reoffender” means any defendant
749 who commits, or attempts to commit:
750 a. Treason;
751 b. Murder;
752 c. Manslaughter;
753 d. Sexual battery;
754 e. Carjacking;
755 f. Home-invasion robbery;
756 g. Robbery;
757 h. Arson;
758 i. Kidnapping;
759 j. Aggravated assault with a deadly weapon;
760 k. Aggravated battery;
761 l. Aggravated stalking;
762 m. Aircraft piracy;
763 n. Unlawful throwing, placing, or discharging of a
764 destructive device or bomb;
765 o. Any felony that involves the use or threat of physical
766 force or violence against an individual;
767 p. Armed burglary;
768 q. Burglary of a dwelling or burglary of an occupied
769 structure; or
770 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
771 s. 827.071, or s. 847.0135(5);
772
773 within 3 years after being released from a state correctional
774 facility operated by the Department of Corrections or a private
775 vendor, a county detention facility following incarceration for
776 an offense for which the sentence pronounced was a prison
777 sentence, or a correctional institution of another state, the
778 District of Columbia, the United States, any possession or
779 territory of the United States, or any foreign jurisdiction,
780 following incarceration for an offense for which the sentence is
781 punishable by more than 1 year in this state.
782 2. “Prison releasee reoffender” also means any defendant
783 who commits or attempts to commit any offense listed in sub
784 subparagraphs (a)1.a.-r. while the defendant was serving a
785 prison sentence or on escape status from a state correctional
786 facility operated by the Department of Corrections or a private
787 vendor or while the defendant was on escape status from a
788 correctional institution of another state, the District of
789 Columbia, the United States, any possession or territory of the
790 United States, or any foreign jurisdiction, following
791 incarceration for an offense for which the sentence is
792 punishable by more than 1 year in this state.
793 3. If the state attorney determines that a defendant is a
794 prison releasee reoffender as defined in subparagraph 1., the
795 state attorney may seek to have the court sentence the defendant
796 as a prison releasee reoffender. Upon proof from the state
797 attorney which that establishes by a preponderance of the
798 evidence that a defendant is a prison releasee reoffender as
799 defined in this section, such defendant is not eligible for
800 sentencing under the sentencing guidelines and must be sentenced
801 as follows:
802 a. For a felony punishable by life, to at least by a term
803 of imprisonment of 25 years imprisonment for life;
804 b. For a felony of the first degree, to at least by a term
805 of imprisonment of 20 30 years;
806 c. For a felony of the second degree, to at least by a term
807 of imprisonment of 10 15 years; and
808 d. For a felony of the third degree, to at least by a term
809 of imprisonment of 3 5 years.
810 (b) A person sentenced under paragraph (a) shall be
811 released only by expiration of sentence and shall not be
812 eligible for parole, control release, or any form of early
813 release. Any person sentenced under paragraph (a) must serve 100
814 percent of the court-imposed sentence.
815 (c) Nothing in this subsection shall prevent a court from
816 imposing a greater sentence of incarceration as authorized by
817 law, pursuant to s. 775.084 or any other provision of law.
818 (b)(d)1. It is the intent of the Legislature to
819 retroactively apply the amendments to this subsection which are
820 effective October 1, 2020.
821 2. As used in this paragraph, the term “former s.
822 775.082(9)” means s. 775.082(9) as it existed before the
823 amendment of this subsection, which took effect October 1, 2020.
824 3. A person who qualified as a prison releasee reoffender
825 before October 1, 2020, and who was not sentenced as a prison
826 releasee reoffender before October 1, 2020, may not be sentenced
827 as such under former s. 775.082(9). Such person, if sentenced as
828 a prison releasee reoffender, must be sentenced as provided in
829 paragraph (a).
830 4. A person who qualified as a prison releasee reoffender
831 before October 1, 2020, who was sentenced as such before October
832 1, 2020, to a mandatory minimum term of imprisonment pursuant to
833 former s. 775.082(9), and who is serving such mandatory minimum
834 term of imprisonment on or after October 1, 2020, may be
835 resentenced in accordance with subparagraph 5. to a sentence as
836 provided in paragraph (a) and sub-subparagraph 5.d.
837 5. Resentencing must occur in the following manner:
838 a. The Department of Corrections shall notify a person
839 described in subparagraph 4. of his or her eligibility to
840 request a sentence review hearing.
841 b. The person seeking sentence review must submit an
842 application to the court of original jurisdiction requesting
843 that a sentence review hearing be held. The sentencing court
844 shall retain original jurisdiction for the duration of the
845 sentence for this purpose.
846 c. A person who is eligible for a sentence review hearing
847 under this paragraph is entitled to be represented by counsel,
848 and the court shall appoint a public defender to represent the
849 person if he or she cannot afford an attorney.
850 d. Upon receiving an application from an eligible person,
851 the court of original jurisdiction shall hold a sentence review
852 hearing to determine if the eligible person meets the criteria
853 for resentencing under subparagraph 4. If the court determines
854 at the sentence review hearing that the eligible person meets
855 such criteria, the court may resentence the person as provided
856 in paragraph (a); however, the new sentence may not exceed the
857 person’s original sentence with credit for time served. If the
858 court does not resentence the person under subparagraph 4., the
859 court must provide written findings why resentencing is not
860 appropriate.
861 6. A person resentenced pursuant to this subsection is
862 eligible to receive any gain-time pursuant to s. 944.275 which
863 he or she was previously ineligible to receive under former s.
864 775.082(9) It is the intent of the Legislature that offenders
865 previously released from prison or a county detention facility
866 following incarceration for an offense for which the sentence
867 pronounced was a prison sentence who meet the criteria in
868 paragraph (a) be punished to the fullest extent of the law and
869 as provided in this subsection, unless the state attorney
870 determines that extenuating circumstances exist which preclude
871 the just prosecution of the offender, including whether the
872 victim recommends that the offender not be sentenced as provided
873 in this subsection.
874 2. For every case in which the offender meets the criteria
875 in paragraph (a) and does not receive the mandatory minimum
876 prison sentence, the state attorney must explain the sentencing
877 deviation in writing and place such explanation in the case file
878 maintained by the state attorney.
879 Section 7. Subsections (8) and (9) of section 817.234,
880 Florida Statutes, are amended to read:
881 817.234 False and fraudulent insurance claims.—
882 (8)(a) It is unlawful for any person intending to defraud
883 any other person to solicit or cause to be solicited any
884 business from a person involved in a motor vehicle accident for
885 the purpose of making, adjusting, or settling motor vehicle tort
886 claims or claims for personal injury protection benefits
887 required by s. 627.736. Any person who violates the provisions
888 of this paragraph commits a felony of the second degree,
889 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
890 A person who is convicted of a violation of this subsection
891 shall be sentenced to a minimum term of imprisonment of 2 years.
892 (b) A person may not solicit or cause to be solicited any
893 business from a person involved in a motor vehicle accident by
894 any means of communication other than advertising directed to
895 the public for the purpose of making motor vehicle tort claims
896 or claims for personal injury protection benefits required by s.
897 627.736, within 60 days after the occurrence of the motor
898 vehicle accident. Any person who violates this paragraph commits
899 a felony of the third degree, punishable as provided in s.
900 775.082, s. 775.083, or s. 775.084.
901 (c) A lawyer, health care practitioner as defined in s.
902 456.001, or owner or medical director of a clinic required to be
903 licensed pursuant to s. 400.9905 may not, at any time after 60
904 days have elapsed from the occurrence of a motor vehicle
905 accident, solicit or cause to be solicited any business from a
906 person involved in a motor vehicle accident by means of in
907 person or telephone contact at the person’s residence, for the
908 purpose of making motor vehicle tort claims or claims for
909 personal injury protection benefits required by s. 627.736. Any
910 person who violates this paragraph commits a felony of the third
911 degree, punishable as provided in s. 775.082, s. 775.083, or s.
912 775.084.
913 (d) Charges for any services rendered by any person who
914 violates this subsection in regard to the person for whom such
915 services were rendered are noncompensable and unenforceable as a
916 matter of law.
917 (9) A person may not organize, plan, or knowingly
918 participate in an intentional motor vehicle crash or a scheme to
919 create documentation of a motor vehicle crash that did not occur
920 for the purpose of making motor vehicle tort claims or claims
921 for personal injury protection benefits as required by s.
922 627.736. Any person who violates this subsection commits a
923 felony of the second degree, punishable as provided in s.
924 775.082, s. 775.083, or s. 775.084. A person who is convicted of
925 a violation of this subsection shall be sentenced to a minimum
926 term of imprisonment of 2 years.
927 Section 8. Present subsections (6) and (7) of section
928 893.135, Florida Statutes, are redesignated as subsections (7)
929 and (8), respectively, a new subsection (6) is added to that
930 section, and paragraphs (b), (c), and (g) of subsection (1) and
931 subsection (3) of that section are amended, to read:
932 893.135 Trafficking; mandatory sentences; suspension or
933 reduction of sentences; conspiracy to engage in trafficking.—
934 (1) Except as authorized in this chapter or in chapter 499
935 and notwithstanding the provisions of s. 893.13:
936 (b)1. Any person who knowingly sells, purchases,
937 manufactures, delivers, or brings into this state, or who is
938 knowingly in actual or constructive possession of, 28 grams or
939 more of cocaine, as described in s. 893.03(2)(a)4., or of any
940 mixture containing cocaine, but less than 150 kilograms of
941 cocaine or any such mixture, commits a felony of the first
942 degree, which felony shall be known as “trafficking in cocaine,”
943 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
944 If the quantity involved:
945 a. Is 28 grams or more, but less than 200 grams, such
946 person shall be sentenced to a mandatory minimum term of
947 imprisonment of 3 years, and the defendant shall be ordered to
948 pay a fine of $50,000.
949 b. Is 200 grams or more, but less than 400 grams, such
950 person shall be sentenced to a mandatory minimum term of
951 imprisonment of 7 years, and the defendant shall be ordered to
952 pay a fine of $100,000.
953 c. Is 400 grams or more, but less than 150 kilograms, such
954 person shall be sentenced to a mandatory minimum term of
955 imprisonment of 15 calendar years and pay a fine of $250,000.
956 2. Any person who knowingly sells, purchases, manufactures,
957 delivers, or brings into this state, or who is knowingly in
958 actual or constructive possession of, 150 kilograms or more of
959 cocaine, as described in s. 893.03(2)(a)4., commits the first
960 degree felony of trafficking in cocaine. A person who has been
961 convicted of the first degree felony of trafficking in cocaine
962 under this subparagraph shall be punished by life imprisonment
963 and is ineligible for any form of discretionary early release
964 except pardon or executive clemency, or conditional medical
965 release under s. 945.0911, or conditional aging inmate release
966 under s. 945.0912 s. 947.149. However, if the court determines
967 that, in addition to committing any act specified in this
968 paragraph:
969 a. The person intentionally killed an individual or
970 counseled, commanded, induced, procured, or caused the
971 intentional killing of an individual and such killing was the
972 result; or
973 b. The person’s conduct in committing that act led to a
974 natural, though not inevitable, lethal result,
975
976 such person commits the capital felony of trafficking in
977 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
978 person sentenced for a capital felony under this paragraph shall
979 also be sentenced to pay the maximum fine provided under
980 subparagraph 1.
981 3. Any person who knowingly brings into this state 300
982 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
983 and who knows that the probable result of such importation would
984 be the death of any person, commits capital importation of
985 cocaine, a capital felony punishable as provided in ss. 775.082
986 and 921.142. Any person sentenced for a capital felony under
987 this paragraph shall also be sentenced to pay the maximum fine
988 provided under subparagraph 1.
989 (c)1. A person who knowingly sells, purchases,
990 manufactures, delivers, or brings into this state, or who is
991 knowingly in actual or constructive possession of, 4 grams or
992 more of any morphine, opium, hydromorphone, or any salt,
993 derivative, isomer, or salt of an isomer thereof, including
994 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
995 (3)(c)4., or 4 grams or more of any mixture containing any such
996 substance, but less than 30 kilograms of such substance or
997 mixture, commits a felony of the first degree, which felony
998 shall be known as “trafficking in illegal drugs,” punishable as
999 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1000 quantity involved:
1001 a. Is 4 grams or more, but less than 14 grams, such person
1002 shall be sentenced to a mandatory minimum term of imprisonment
1003 of 3 years and shall be ordered to pay a fine of $50,000.
1004 b. Is 14 grams or more, but less than 28 grams, such person
1005 shall be sentenced to a mandatory minimum term of imprisonment
1006 of 15 years and shall be ordered to pay a fine of $100,000.
1007 c. Is 28 grams or more, but less than 30 kilograms, such
1008 person shall be sentenced to a mandatory minimum term of
1009 imprisonment of 25 years and shall be ordered to pay a fine of
1010 $500,000.
1011 2. A person who knowingly sells, purchases, manufactures,
1012 delivers, or brings into this state, or who is knowingly in
1013 actual or constructive possession of, 28 grams or more of
1014 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
1015 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
1016 grams or more of any mixture containing any such substance,
1017 commits a felony of the first degree, which felony shall be
1018 known as “trafficking in hydrocodone,” punishable as provided in
1019 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
1020 a. Is 28 grams or more, but less than 50 grams, such person
1021 shall be sentenced to a mandatory minimum term of imprisonment
1022 of 3 years and shall be ordered to pay a fine of $50,000.
1023 b. Is 50 grams or more, but less than 100 grams, such
1024 person shall be sentenced to a mandatory minimum term of
1025 imprisonment of 7 years and shall be ordered to pay a fine of
1026 $100,000.
1027 c. Is 100 grams or more, but less than 300 grams, such
1028 person shall be sentenced to a mandatory minimum term of
1029 imprisonment of 15 years and shall be ordered to pay a fine of
1030 $500,000.
1031 d. Is 300 grams or more, but less than 30 kilograms, such
1032 person shall be sentenced to a mandatory minimum term of
1033 imprisonment of 25 years and shall be ordered to pay a fine of
1034 $750,000.
1035 3. A person who knowingly sells, purchases, manufactures,
1036 delivers, or brings into this state, or who is knowingly in
1037 actual or constructive possession of, 7 grams or more of
1038 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
1039 thereof, or 7 grams or more of any mixture containing any such
1040 substance, commits a felony of the first degree, which felony
1041 shall be known as “trafficking in oxycodone,” punishable as
1042 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1043 quantity involved:
1044 a. Is 7 grams or more, but less than 14 grams, such person
1045 shall be sentenced to a mandatory minimum term of imprisonment
1046 of 3 years and shall be ordered to pay a fine of $50,000.
1047 b. Is 14 grams or more, but less than 25 grams, such person
1048 shall be sentenced to a mandatory minimum term of imprisonment
1049 of 7 years and shall be ordered to pay a fine of $100,000.
1050 c. Is 25 grams or more, but less than 100 grams, such
1051 person shall be sentenced to a mandatory minimum term of
1052 imprisonment of 15 years and shall be ordered to pay a fine of
1053 $500,000.
1054 d. Is 100 grams or more, but less than 30 kilograms, such
1055 person shall be sentenced to a mandatory minimum term of
1056 imprisonment of 25 years and shall be ordered to pay a fine of
1057 $750,000.
1058 4.a. A person who knowingly sells, purchases, manufactures,
1059 delivers, or brings into this state, or who is knowingly in
1060 actual or constructive possession of, 4 grams or more of:
1061 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
1062 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
1063 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
1064 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
1065 (V) A fentanyl derivative, as described in s.
1066 893.03(1)(a)62.;
1067 (VI) A controlled substance analog, as described in s.
1068 893.0356, of any substance described in sub-sub-subparagraphs
1069 (I)-(V); or
1070 (VII) A mixture containing any substance described in sub
1071 sub-subparagraphs (I)-(VI),
1072
1073 commits a felony of the first degree, which felony shall be
1074 known as “trafficking in fentanyl,” punishable as provided in s.
1075 775.082, s. 775.083, or s. 775.084.
1076 b. If the quantity involved under sub-subparagraph a.:
1077 (I) Is 4 grams or more, but less than 14 grams, such person
1078 shall be sentenced to a mandatory minimum term of imprisonment
1079 of 3 years, and shall be ordered to pay a fine of $50,000.
1080 (II) Is 14 grams or more, but less than 28 grams, such
1081 person shall be sentenced to a mandatory minimum term of
1082 imprisonment of 15 years, and shall be ordered to pay a fine of
1083 $100,000.
1084 (III) Is 28 grams or more, such person shall be sentenced
1085 to a mandatory minimum term of imprisonment of 25 years, and
1086 shall be ordered to pay a fine of $500,000.
1087 5. A person who knowingly sells, purchases, manufactures,
1088 delivers, or brings into this state, or who is knowingly in
1089 actual or constructive possession of, 30 kilograms or more of
1090 any morphine, opium, oxycodone, hydrocodone, codeine,
1091 hydromorphone, or any salt, derivative, isomer, or salt of an
1092 isomer thereof, including heroin, as described in s.
1093 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
1094 more of any mixture containing any such substance, commits the
1095 first degree felony of trafficking in illegal drugs. A person
1096 who has been convicted of the first degree felony of trafficking
1097 in illegal drugs under this subparagraph shall be punished by
1098 life imprisonment and is ineligible for any form of
1099 discretionary early release except pardon or executive clemency,
1100 or conditional medical release under s. 945.0911, or conditional
1101 aging inmate release under s. 945.0912 s. 947.149. However, if
1102 the court determines that, in addition to committing any act
1103 specified in this paragraph:
1104 a. The person intentionally killed an individual or
1105 counseled, commanded, induced, procured, or caused the
1106 intentional killing of an individual and such killing was the
1107 result; or
1108 b. The person’s conduct in committing that act led to a
1109 natural, though not inevitable, lethal result,
1110
1111 such person commits the capital felony of trafficking in illegal
1112 drugs, punishable as provided in ss. 775.082 and 921.142. A
1113 person sentenced for a capital felony under this paragraph shall
1114 also be sentenced to pay the maximum fine provided under
1115 subparagraph 1.
1116 6. A person who knowingly brings into this state 60
1117 kilograms or more of any morphine, opium, oxycodone,
1118 hydrocodone, codeine, hydromorphone, or any salt, derivative,
1119 isomer, or salt of an isomer thereof, including heroin, as
1120 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
1121 60 kilograms or more of any mixture containing any such
1122 substance, and who knows that the probable result of such
1123 importation would be the death of a person, commits capital
1124 importation of illegal drugs, a capital felony punishable as
1125 provided in ss. 775.082 and 921.142. A person sentenced for a
1126 capital felony under this paragraph shall also be sentenced to
1127 pay the maximum fine provided under subparagraph 1.
1128 (g)1. Any person who knowingly sells, purchases,
1129 manufactures, delivers, or brings into this state, or who is
1130 knowingly in actual or constructive possession of, 4 grams or
1131 more of flunitrazepam or any mixture containing flunitrazepam as
1132 described in s. 893.03(1)(a) commits a felony of the first
1133 degree, which felony shall be known as “trafficking in
1134 flunitrazepam,” punishable as provided in s. 775.082, s.
1135 775.083, or s. 775.084. If the quantity involved:
1136 a. Is 4 grams or more but less than 14 grams, such person
1137 shall be sentenced to a mandatory minimum term of imprisonment
1138 of 3 years, and the defendant shall be ordered to pay a fine of
1139 $50,000.
1140 b. Is 14 grams or more but less than 28 grams, such person
1141 shall be sentenced to a mandatory minimum term of imprisonment
1142 of 7 years, and the defendant shall be ordered to pay a fine of
1143 $100,000.
1144 c. Is 28 grams or more but less than 30 kilograms, such
1145 person shall be sentenced to a mandatory minimum term of
1146 imprisonment of 25 calendar years and pay a fine of $500,000.
1147 2. Any person who knowingly sells, purchases, manufactures,
1148 delivers, or brings into this state or who is knowingly in
1149 actual or constructive possession of 30 kilograms or more of
1150 flunitrazepam or any mixture containing flunitrazepam as
1151 described in s. 893.03(1)(a) commits the first degree felony of
1152 trafficking in flunitrazepam. A person who has been convicted of
1153 the first degree felony of trafficking in flunitrazepam under
1154 this subparagraph shall be punished by life imprisonment and is
1155 ineligible for any form of discretionary early release except
1156 pardon or executive clemency, or conditional medical release
1157 under s. 945.0911, or conditional aging inmate release under s.
1158 945.0912 s. 947.149. However, if the court determines that, in
1159 addition to committing any act specified in this paragraph:
1160 a. The person intentionally killed an individual or
1161 counseled, commanded, induced, procured, or caused the
1162 intentional killing of an individual and such killing was the
1163 result; or
1164 b. The person’s conduct in committing that act led to a
1165 natural, though not inevitable, lethal result,
1166
1167 such person commits the capital felony of trafficking in
1168 flunitrazepam, punishable as provided in ss. 775.082 and
1169 921.142. Any person sentenced for a capital felony under this
1170 paragraph shall also be sentenced to pay the maximum fine
1171 provided under subparagraph 1.
1172 (3) Notwithstanding the provisions of s. 948.01, with
1173 respect to any person who is found to have violated this
1174 section, adjudication of guilt or imposition of sentence may
1175 shall not be suspended, deferred, or withheld, nor shall such
1176 person be eligible for parole before prior to serving the
1177 mandatory minimum term of imprisonment prescribed by this
1178 section. A person sentenced to a mandatory minimum term of
1179 imprisonment under this section is not eligible for any form of
1180 discretionary early release, except pardon or executive
1181 clemency, or conditional medical release under s. 945.0911 s.
1182 947.149, or conditional aging inmate release under s. 945.0912,
1183 before prior to serving the mandatory minimum term of
1184 imprisonment.
1185 (6) Notwithstanding any provision of this section, a court
1186 may impose a sentence for a violation of this section other than
1187 the mandatory minimum term of imprisonment and mandatory fine if
1188 the court finds on the record that all of the following
1189 circumstances exist:
1190 (a) The person did not engage in a continuing criminal
1191 enterprise as defined in s. 893.20(1).
1192 (b) The person did not use or threaten violence or use a
1193 weapon during the commission of the crime.
1194 (c) The person did not cause a death or serious bodily
1195 injury.
1196 Section 9. Section 921.002, Florida Statutes, is amended to
1197 read:
1198 921.002 The Public Safety Criminal Punishment Code.—The
1199 Public Safety Code applies Criminal Punishment Code shall apply
1200 to all felony offenses, except capital felonies, committed on or
1201 after October 1, 1998.
1202 (1) The provision of criminal penalties and of limitations
1203 upon the application of such penalties is a matter of
1204 predominantly substantive law and, as such, is a matter properly
1205 addressed by the Legislature. The Legislature, in the exercise
1206 of its authority and responsibility to establish sentencing
1207 criteria, to provide for the imposition of criminal penalties,
1208 and to make the best use of state prisons so that violent
1209 criminal offenders are appropriately incarcerated, has
1210 determined that it is in the best interest of the state to
1211 develop, implement, and revise a sentencing policy. The Public
1212 Safety Criminal Punishment Code embodies the principles that:
1213 (a) Sentencing is neutral with respect to race, gender, and
1214 social and economic status.
1215 (b) The primary purpose of sentencing is public safety to
1216 punish the offender. Rehabilitation is a desired goal of the
1217 criminal justice system but is subordinate to the goal of public
1218 safety punishment.
1219 (c) The penalty imposed is commensurate with the severity
1220 of the primary offense and the circumstances surrounding the
1221 primary offense.
1222 (d) The severity of the sentence increases with the length
1223 and nature of the offender’s prior record.
1224 (e) The sentence imposed by the sentencing judge reflects
1225 the length of actual time to be served, shortened only by the
1226 application of incentive and meritorious gain-time as provided
1227 by law, and may not be shortened if the defendant would
1228 consequently serve less than 85 percent of his or her term of
1229 imprisonment as provided in s. 944.275(4). The provisions of
1230 Chapter 947, relating to parole, does shall not apply to persons
1231 sentenced under the Public Safety Criminal Punishment Code.
1232 (f) Departures below the lowest permissible sentence
1233 established by the code must be articulated in writing by the
1234 trial court judge and made only when circumstances or factors
1235 reasonably justify the mitigation of the sentence. The level of
1236 proof necessary to establish facts that support a departure from
1237 the lowest permissible sentence is a preponderance of the
1238 evidence.
1239 (g) The trial court judge may impose a sentence up to and
1240 including the statutory maximum for any offense, including an
1241 offense that is before the court due to a violation of probation
1242 or community control.
1243 (h) A sentence may be appealed on the basis that it departs
1244 from the Public Safety Criminal Punishment Code only if the
1245 sentence is below the lowest permissible sentence or as
1246 enumerated in s. 924.06(1).
1247 (i) Use of incarcerative sanctions is prioritized toward
1248 offenders convicted of serious offenses and certain offenders
1249 who have long prior records, in order to maximize the finite
1250 capacities of state and local correctional facilities.
1251 (2) When a defendant is before the court for sentencing for
1252 more than one felony and the felonies were committed under more
1253 than one version or revision of the former sentencing guidelines
1254 or the code, each felony shall be sentenced under the guidelines
1255 or the code in effect at the time the particular felony was
1256 committed. This subsection does not apply to sentencing for any
1257 capital felony.
1258 (3) A court may impose a departure below the lowest
1259 permissible sentence based upon circumstances or factors that
1260 reasonably justify the mitigation of the sentence in accordance
1261 with s. 921.0026. The level of proof necessary to establish
1262 facts supporting the mitigation of a sentence is a preponderance
1263 of the evidence. When multiple reasons exist to support the
1264 mitigation, the mitigation shall be upheld when at least one
1265 circumstance or factor justifies the mitigation regardless of
1266 the presence of other circumstances or factors found not to
1267 justify mitigation. Any sentence imposed below the lowest
1268 permissible sentence must be explained in writing by the trial
1269 court judge.
1270 (4)(a) The Department of Corrections shall report on trends
1271 in sentencing practices and sentencing score thresholds and
1272 provide an analysis on the sentencing factors considered by the
1273 courts and shall submit this information to the Legislature by
1274 October 1 of each year.
1275 (b) The Criminal Justice Estimating Conference, with the
1276 assistance of the Department of Corrections, shall estimate the
1277 impact of any proposed change to the Public Safety Criminal
1278 Punishment Code on future rates of incarceration and on the
1279 prison population. The Criminal Justice Estimating Conference
1280 shall base its projections on historical data concerning
1281 sentencing practices which have been accumulated by the
1282 Department of Corrections and other relevant data from other
1283 state agencies and records of the Department of Corrections
1284 which disclose the average time served for offenses covered by
1285 any proposed changes to the Public Safety Criminal Punishment
1286 Code.
1287 (c) In order to produce projects that are either required
1288 by law or requested by the Legislature to assist the Legislature
1289 in making modifications to the Public Safety Criminal Punishment
1290 Code, the Department of Corrections is authorized to collect and
1291 evaluate Public Safety Criminal Punishment Code scoresheets from
1292 each of the judicial circuits after sentencing. Beginning in
1293 1999, by October 1 of each year, the Department of Corrections
1294 shall provide an annual report to the Legislature that shows the
1295 rate of compliance of each judicial circuit in providing
1296 scoresheets to the department.
1297 Section 10. Paragraph (a) of subsection (2) of section
1298 921.1402, Florida Statutes, is amended, and subsection (4) of
1299 that section is reenacted, to read:
1300 921.1402 Review of sentences for persons convicted of
1301 specified offenses committed while under the age of 18 years.—
1302 (2)(a) A juvenile offender sentenced under s.
1303 775.082(1)(b)1. is entitled to a review of his or her sentence
1304 after 25 years. However, a juvenile offender is not entitled to
1305 review if he or she has previously been convicted of committing
1306 one of the following offenses, or of conspiracy to commit one of
1307 the following offenses, murder if the murder offense for which
1308 the person was previously convicted was part of a separate
1309 criminal transaction or episode than the murder that which
1310 resulted in the sentence under s. 775.082(1)(b)1.:
1311 1. Murder;
1312 2. Manslaughter;
1313 3. Sexual battery;
1314 4. Armed burglary;
1315 5. Armed robbery;
1316 6. Armed carjacking;
1317 7. Home-invasion robbery;
1318 8. Human trafficking for commercial sexual activity with a
1319 child under 18 years of age;
1320 9. False imprisonment under s. 787.02(3)(a); or
1321 10. Kidnapping.
1322 (4) A juvenile offender seeking sentence review pursuant to
1323 subsection (2) must submit an application to the court of
1324 original jurisdiction requesting that a sentence review hearing
1325 be held. The juvenile offender must submit a new application to
1326 the court of original jurisdiction to request subsequent
1327 sentence review hearings pursuant to paragraph (2)(d). The
1328 sentencing court shall retain original jurisdiction for the
1329 duration of the sentence for this purpose.
1330 Section 11. Section 921.14021, Florida Statutes, is created
1331 to read:
1332 921.14021 Retroactive application relating to s. 921.1402;
1333 legislative intent; review of sentence.—
1334 (1) It is the intent of the Legislature to retroactively
1335 apply the amendments made to s. 921.1402 which took effect
1336 October 1, 2020, only as provided in this section, to juvenile
1337 offenders convicted of a capital offense and sentenced under s.
1338 775.082(1)(b)1. who have been ineligible for sentence review
1339 hearings because of a previous conviction of an offense
1340 enumerated in s. 921.1402(2)(a), thereby providing such juvenile
1341 offenders with an opportunity for consideration by a court and
1342 an opportunity for release if deemed appropriate under law.
1343 (2) A juvenile offender, as defined in s. 921.1402, who was
1344 convicted of a capital offense and sentenced under s.
1345 775.082(1)(b)1., and who was ineligible for a sentence review
1346 hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before
1347 October 1, 2020, is entitled to a review of his or her sentence
1348 after 25 years or, if on October 1, 2020, 25 years have already
1349 passed since the sentencing, immediately.
1350 Section 12. Section 921.1403, Florida Statutes, is created
1351 to read:
1352 921.1403 Review of sentences for persons convicted of
1353 specified offenses committed while under 25 years of age.—
1354 (1) It is the intent of the Legislature to retroactively
1355 apply the amendments to this section which took effect October
1356 1, 2020.
1357 (2) As used in this section, the term “young adult
1358 offender” means a person who committed an offense before he or
1359 she reached 25 years of age and for which he or she is sentenced
1360 to a term of years in the custody of the Department of
1361 Corrections, regardless of the date of sentencing.
1362 (3) A young adult offender is not entitled to a sentence
1363 review under this section if he or she has previously been
1364 convicted of committing, or of conspiring to commit, murder if
1365 the murder offense for which the person was previously convicted
1366 was part of a separate criminal transaction or episode than that
1367 which resulted in the sentence under s. 775.082(3)(a)1., 2., 3.,
1368 4., or 6. or (b)1.
1369 (4)(a)1. A young adult offender who is convicted of an
1370 offense that is a life felony, that is punishable by a term of
1371 years not exceeding life imprisonment, or that was reclassified
1372 as a life felony and he or she is sentenced to a term of more
1373 than 20 years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is
1374 entitled to a review of his or her sentence after 20 years.
1375 2. This paragraph does not apply to a person who is
1376 eligible for sentencing under s. 775.082(3)(a)5. or s.
1377 775.082(3)(c).
1378 (b) A young adult offender who is convicted of an offense
1379 that is a felony of the first degree or that was reclassified as
1380 a felony of the first degree and he or she is sentenced to a
1381 term of more than 15 years under s. 775.082(3)(b)1. is entitled
1382 to a review of his or her sentence after 15 years.
1383 (5) The Department of Corrections must notify a young adult
1384 offender in writing of his or her eligibility to request a
1385 sentence review hearing 18 months before the young adult
1386 offender is entitled to a sentence review hearing or notify him
1387 or her immediately in writing if the offender is eligible as of
1388 October 1, 2020.
1389 (6) A young adult offender seeking a sentence review
1390 hearing under this section must submit an application to the
1391 court of original jurisdiction requesting that a sentence review
1392 hearing be held. The young adult offender must submit a new
1393 application to the court of original jurisdiction to request a
1394 subsequent sentence review hearing pursuant to subsection (8).
1395 The sentencing court shall retain original jurisdiction for the
1396 duration of the sentence for this purpose.
1397 (7) A young adult offender who is eligible for a sentence
1398 review hearing under this section is entitled to be represented
1399 by counsel, and the court shall appoint a public defender to
1400 represent the young adult offender if he or she cannot afford an
1401 attorney.
1402 (8) If the young adult offender seeking sentence review
1403 under paragraph (4)(a) or (4)(b) is not resentenced at the
1404 initial sentence review hearing, he or she is eligible for one
1405 subsequent review hearing 5 years after the initial review
1406 hearing.
1407 (9) Upon receiving an application from an eligible young
1408 adult offender, the original sentencing court must hold a
1409 sentence review hearing to determine whether to modify the young
1410 adult offender’s sentence. When determining if it is appropriate
1411 to modify the young adult offender’s sentence, the court must
1412 consider any factor it deems appropriate, including, but not
1413 limited to:
1414 (a) Whether the young adult offender demonstrates maturity
1415 and rehabilitation.
1416 (b) Whether the young adult offender remains at the same
1417 level of risk to society as he or she did at the time of the
1418 initial sentencing.
1419 (c) The opinion of the victim or the victim’s next of kin.
1420 The absence of the victim or the victim’s next of kin from the
1421 sentence review hearing may not be a factor in the determination
1422 of the court under this section. The court must allow the victim
1423 or victim’s next of kin to be heard in person, in writing, or by
1424 electronic means. If the victim or the victim’s next of kin
1425 chooses not to participate in the hearing, the court may
1426 consider previous statements made by the victim or the victim’s
1427 next of kin during the trial, initial sentencing phase, or
1428 previous sentencing review hearings.
1429 (d) Whether the young adult offender was a relatively minor
1430 participant in the criminal offense or whether he or she acted
1431 under extreme duress or under the domination of another person.
1432 (e) Whether the young adult offender has shown sincere and
1433 sustained remorse for the criminal offense.
1434 (f) Whether the young adult offender’s age, maturity, or
1435 psychological development at the time of the offense affected
1436 his or her behavior.
1437 (g) Whether the young adult offender has successfully
1438 obtained a high school equivalency diploma or completed another
1439 educational, technical, work, vocational, or self-rehabilitation
1440 program, if such a program is available.
1441 (h) Whether the young adult offender was a victim of
1442 sexual, physical, or emotional abuse before he or she committed
1443 the offense.
1444 (i) The results of any mental health assessment, risk
1445 assessment, or evaluation of the young adult offender as to
1446 rehabilitation.
1447 (10)(a) If the court determines at a sentence review
1448 hearing that the young adult offender who is seeking sentence
1449 review under paragraph (4)(a) has been rehabilitated and is
1450 reasonably believed to be fit to reenter society, the court may
1451 modify the sentence and impose a term of probation of at least 5
1452 years.
1453 (b) If the court determines at a sentence review hearing
1454 that the young adult offender who is seeking sentence review
1455 under paragraph (4)(b) has been rehabilitated and is reasonably
1456 believed to be fit to reenter society, the court may modify the
1457 sentence and impose a term of probation of at least 3 years.
1458 (c) If the court determines that the young adult offender
1459 seeking sentence review under paragraph (4)(a) or (4)(b) has not
1460 demonstrated rehabilitation or is not fit to reenter society,
1461 the court must issue a written order stating the reasons why the
1462 sentence is not being modified.
1463 Section 13. Effective July 1, 2020, section 925.11, Florida
1464 Statutes, is amended to read:
1465 925.11 Postsentencing forensic analysis DNA testing.—
1466 (1) DEFINITIONS.—As used in this section, the term:
1467 (a) “Forensic analysis” means the process by which a
1468 forensic or scientific technique is applied to evidence or
1469 biological material to identify the perpetrator of, or an
1470 accomplice to, a crime. The term includes, but is not limited
1471 to, deoxyribonucleic acid (DNA) testing.
1472 (b) “Petitioner” means a defendant who has been convicted
1473 of and sentenced for a felony.
1474 (2)(1) PETITION FOR EXAMINATION.—
1475 (a)1. A person who has entered a plea of guilty or nolo
1476 contendere to a felony before July 1, 2020, or who has been
1477 tried and found guilty of committing a felony and has been
1478 sentenced by a court established by the laws of this state may
1479 petition that court to order the forensic analysis examination
1480 of physical evidence collected at the time of the investigation
1481 of the crime for which he or she has been sentenced which may
1482 result in evidence material to the identity of the perpetrator
1483 of, or an accomplice to, the crime that resulted in the person’s
1484 conviction that may contain DNA (deoxyribonucleic acid) and that
1485 would exonerate that person or mitigate the sentence that person
1486 received.
1487 2. A person who has entered a plea of guilty or nolo
1488 contendere to a felony prior to July 1, 2006, and has been
1489 sentenced by a court established by the laws of this state may
1490 petition that court to order the examination of physical
1491 evidence collected at the time of the investigation of the crime
1492 for which he or she has been sentenced that may contain DNA
1493 (deoxyribonucleic acid) and that would exonerate that person.
1494 (b) A petition for postsentencing forensic analysis DNA
1495 testing under paragraph (a) may be filed or considered at any
1496 time following the date that the judgment and sentence in the
1497 case becomes final.
1498 (3)(2) METHOD FOR SEEKING POSTSENTENCING FORENSIC ANALYSIS
1499 DNA TESTING.—
1500 (a) A The petition for postsentencing forensic analysis DNA
1501 testing must be made under oath by the sentenced defendant and
1502 must include all the following:
1503 1. A statement of the facts relied on in support of the
1504 petition, including a description of the physical evidence
1505 containing DNA to be tested and, if known, the present location
1506 or the last known location of the evidence and how it was
1507 originally obtained;
1508 2. A statement that the evidence was not previously
1509 subjected to forensic analysis tested for DNA or a statement
1510 that the results of any previous forensic analysis DNA testing
1511 were inconclusive and that subsequent scientific developments in
1512 forensic analysis DNA testing techniques would likely produce
1513 evidence material to a definitive result establishing that the
1514 identity of the perpetrator of, or an accomplice to, petitioner
1515 is not the person who committed the crime;
1516 3. A statement that the petitioner sentenced defendant is
1517 innocent and how the forensic analysis DNA testing requested by
1518 the petitioner may result in evidence that is material to
1519 petition will exonerate the identity of the perpetrator of, or
1520 an accomplice to, the defendant of the crime for which the
1521 defendant was sentenced or will mitigate the sentence received
1522 by the defendant for that crime;
1523 4. A statement that identification of the petitioner
1524 defendant is a genuinely disputed issue in the case, and why it
1525 is an issue;
1526 5. A statement that the petitioner will comply with any
1527 court order to provide a biological sample for the purpose of
1528 conducting requested forensic analysis and acknowledging such
1529 analysis could produce exculpatory evidence or evidence
1530 confirming the petitioner’s identity as the perpetrator of, or
1531 an accomplice to, the crime or a separate crime;
1532 6.5. Any other facts relevant to the petition; and
1533 7.6. A certificate that a copy of the petition has been
1534 served on the prosecuting authority; and
1535 8. The petitioner’s sworn statement attesting to the
1536 contents of the petition.
1537 (b) Upon receiving the petition, the clerk of the court
1538 shall file it and deliver the court file to the assigned judge.
1539 (c) The court shall review the petition and deny it if it
1540 is insufficient. If the petition is sufficient, the prosecuting
1541 authority shall be ordered to respond to the petition within 30
1542 days.
1543 (d) Upon receiving the response of the prosecuting
1544 authority, the court shall review the response and enter an
1545 order on the merits of the petition or set the petition for a
1546 hearing.
1547 (e) Counsel may be appointed to assist the petitioner
1548 sentenced defendant if the petition proceeds to a hearing and if
1549 the court determines that the assistance of counsel is necessary
1550 and makes the requisite finding of indigency.
1551 (f) The court shall make all the following findings when
1552 ruling on the petition:
1553 1. Whether the petitioner sentenced defendant has shown
1554 that the physical evidence that may be subjected to forensic
1555 analysis contain DNA still exists;
1556 2. Whether the results of forensic analysis DNA testing of
1557 that physical evidence would be admissible at trial and whether
1558 there exists reliable proof to establish that the evidence has
1559 not been materially altered and would be admissible at a future
1560 hearing; and
1561 3. Whether there is a reasonable probability the forensic
1562 analysis may result in evidence that is material to the identity
1563 of the perpetrator of, or an accomplice to, the crime there is a
1564 reasonable probability that the sentenced defendant would have
1565 been acquitted or would have received a lesser sentence if the
1566 DNA evidence had been admitted at trial.
1567 (g) If the court orders forensic analysis DNA testing of
1568 the physical evidence, the cost of such analysis testing may be
1569 assessed against the petitioner sentenced defendant unless he or
1570 she is indigent. If the petitioner sentenced defendant is
1571 indigent, the state shall bear the cost of the forensic analysis
1572 DNA testing ordered by the court, unless specified otherwise in
1573 accordance with paragraph (i).
1574 (h) Except as provided in paragraph (i), any forensic
1575 analysis DNA testing ordered by the court shall be performed
1576 carried out by the Department of Law Enforcement or its
1577 designee, as provided in s. 943.3251.
1578 (i) The court may order forensic analysis to be performed
1579 by a private laboratory and may assess the cost of such analysis
1580 against the petitioner if:
1581 1. The prosecuting authority and the petitioner mutually
1582 select a private laboratory to perform the forensic analysis;
1583 2. The petitioner makes a sufficient showing that the
1584 forensic analysis ordered by the court is of such a nature that
1585 it cannot be performed by the Department of Law Enforcement or
1586 its designee; or
1587 3. The petitioner makes a sufficient showing that the
1588 forensic analysis will be significantly delayed because of a
1589 state laboratory backlog.
1590 (j) Before the court may order forensic analysis to be
1591 performed by a private laboratory, the petitioner shall certify
1592 to the court that the private laboratory is:
1593 1. Accredited by an accreditation body that is a signatory
1594 to the International Laboratory Accreditation Cooperation Mutual
1595 Recognition Agreement; and
1596 2. Designated by the Federal Bureau of Investigation as
1597 possessing an accreditation that includes DNA testing and the
1598 laboratory is compliant with Federal Bureau of Investigation
1599 quality assurance standards adopted in accordance with 34 U.S.C.
1600 s. 12591, if DNA testing is requested.
1601 (k) If the court orders forensic analysis in the form of
1602 DNA testing and the resulting DNA sample meets statewide DNA
1603 database submission standards established by the Department of
1604 Law Enforcement, the department must perform a DNA database
1605 search. A private laboratory ordered to perform forensic
1606 analysis under paragraph (i) must cooperate with the prosecuting
1607 authority and the Department of Law Enforcement for the purpose
1608 of carrying out this requirement.
1609 1. The department shall compare any DNA profiles obtained
1610 from the testing to:
1611 a. DNA profiles of known offenders maintained in the
1612 statewide DNA database under s. 943.325;
1613 b. DNA profiles from unsolved crimes maintained in the
1614 statewide DNA database under s. 943.325; and
1615 c. Any local DNA databases maintained by a law enforcement
1616 agency in the judicial circuit in which the petitioner was
1617 convicted.
1618 2. If the testing complies with Federal Bureau of
1619 Investigation requirements and the data meets national DNA index
1620 system criteria, the department shall request the national DNA
1621 index system to search its database of DNA profiles using any
1622 profiles obtained from the testing.
1623 (l)(i) The results of the forensic analysis and the results
1624 of any search of the combined DNA index system and statewide and
1625 local DNA databases DNA testing ordered by the court shall be
1626 provided to the court, the petitioner sentenced defendant, and
1627 the prosecuting authority. The petitioner or the state may use
1628 the information for any lawful purpose.
1629 (4)(3) RIGHT TO APPEAL; REHEARING.—
1630 (a) An appeal from the court’s order on the petition for
1631 postsentencing forensic analysis DNA testing may be taken by any
1632 adversely affected party.
1633 (b) An order denying relief shall include a statement that
1634 the petitioner sentenced defendant has the right to appeal
1635 within 30 days after the order denying relief is entered.
1636 (c) The petitioner sentenced defendant may file a motion
1637 for rehearing of any order denying relief within 15 days after
1638 service of the order denying relief. The time for filing an
1639 appeal shall be tolled until an order on the motion for
1640 rehearing has been entered.
1641 (d) The clerk of the court shall serve on all parties a
1642 copy of any order rendered with a certificate of service,
1643 including the date of service.
1644 (5)(4) PRESERVATION OF EVIDENCE.—
1645 (a) Governmental entities that may be in possession of any
1646 physical evidence in the case, including, but not limited to,
1647 any investigating law enforcement agency, the clerk of the
1648 court, the prosecuting authority, or the Department of Law
1649 Enforcement shall maintain any physical evidence collected at
1650 the time of the crime for which a postsentencing forensic
1651 analysis testing of DNA may be requested.
1652 (b) In a case in which the death penalty is imposed, the
1653 evidence shall be maintained for 60 days after execution of the
1654 sentence. In all other cases, a governmental entity may dispose
1655 of the physical evidence if the term of the sentence imposed in
1656 the case has expired and no other provision of law or rule
1657 requires that the physical evidence be preserved or retained.
1658 (c) If physical evidence requested for forensic analysis,
1659 last known to be in possession of a governmental entity, is
1660 reported to be missing or destroyed in violation of this
1661 section, the court may order the evidence custodian or other
1662 relevant official to conduct a physical search for the evidence.
1663 If a search is ordered, the governmental entity must produce a
1664 report containing all of the following information and it must
1665 be provided to the court, the petitioner, and the prosecuting
1666 authority:
1667 1. The nature of the search conducted;
1668 2. The date the search was conducted;
1669 3. The results of the search;
1670 4. Any records showing the physical evidence was lost or
1671 destroyed; and
1672 5. The signature of the person who supervised the search,
1673 attesting to the accuracy of the contents of the report.
1674 Section 14. Effective July 1, 2020, section 925.12, Florida
1675 Statutes, is amended to read:
1676 925.12 Forensic analysis DNA testing; defendants entering
1677 pleas.—
1678 (1) For defendants who have entered a plea of guilty or
1679 nolo contendere to a felony on or after July 1, 2006, but before
1680 July 1, 2020, a defendant may petition for postsentencing
1681 forensic analysis DNA testing under s. 925.11 under the
1682 following circumstances:
1683 (a) The facts on which the petition is predicated were
1684 unknown to the petitioner or the petitioner’s attorney at the
1685 time the plea was entered and could not have been ascertained by
1686 the exercise of due diligence; or
1687 (b) The physical evidence for which forensic analysis DNA
1688 testing is sought was not disclosed to the defense by the state
1689 before prior to the entry of the plea by the petitioner.
1690 (2) For defendants who have entered a plea of guilty or
1691 nolo contendere to a felony on or after July 1, 2020, a
1692 defendant may petition for postsentencing forensic analysis
1693 under s. 925.11 under the following circumstances:
1694 (a) The facts on which the petition is predicated were
1695 unknown to the petitioner or the petitioner’s attorney at the
1696 time the plea was entered and could not have been ascertained by
1697 the exercise of due diligence; or
1698 (b) The physical evidence for which forensic analysis is
1699 sought was not disclosed to the defense by the state before the
1700 entry of the plea by the petitioner.
1701 (3)(2) For defendants seeking to enter a plea of guilty or
1702 nolo contendere to a felony on or after July 1, 2020 July 1,
1703 2006, the court shall inquire of the defendant and of counsel
1704 for the defendant and the state as to physical evidence
1705 containing DNA known to exist that, if subjected to forensic
1706 analysis, could produce evidence that is material to the
1707 identification of the perpetrator of, or an accomplice to, the
1708 crime before could exonerate the defendant prior to accepting a
1709 plea of guilty or nolo contendere. If no such physical evidence
1710 containing DNA that could exonerate the defendant is known to
1711 exist, the court may proceed with consideration of accepting the
1712 plea. If such physical evidence containing DNA that could
1713 exonerate the defendant is known to exist, the court may
1714 postpone the proceeding on the defendant’s behalf and order
1715 forensic analysis DNA testing upon motion of counsel specifying
1716 the physical evidence to be tested.
1717 (4)(3) It is the intent of the Legislature that the Supreme
1718 Court adopt rules of procedure consistent with this section for
1719 a court, before prior to the acceptance of a plea, to make an
1720 inquiry into all of the following matters:
1721 (a) Whether counsel for the defense has reviewed the
1722 discovery disclosed by the state and whether such discovery
1723 included a listing or description of physical items of evidence.
1724 (b) Whether the nature of the evidence against the
1725 defendant disclosed through discovery has been reviewed with the
1726 defendant.
1727 (c) Whether the defendant or counsel for the defendant is
1728 aware of any physical evidence disclosed by the state for which
1729 forensic analysis could produce a result material to the
1730 identification of the perpetrator of, or an accomplice to, the
1731 crime DNA testing may exonerate the defendant.
1732 (d) Whether the state is aware of any physical evidence for
1733 which forensic analysis could produce a result material to the
1734 identification of the perpetrator of, or an accomplice to, the
1735 crime DNA testing may exonerate the defendant.
1736 (5)(4) It is the intent of the Legislature that the
1737 postponement of the proceedings by the court on the defendant’s
1738 behalf under subsection (3) (2) constitute an extension
1739 attributable to the defendant for purposes of the defendant’s
1740 right to a speedy trial.
1741 Section 15. Effective upon the same date that SB 1506 or
1742 similar legislation takes effect, only if such legislation is
1743 adopted in the same legislative session or an extension thereof
1744 and becomes a law, section 943.0587, Florida Statutes, is
1745 created to read:
1746 943.0587 Driving while license suspended, revoked,
1747 canceled, or disqualified expunction.—
1748 (1) DEFINITIONS.—As used in this section, the term:
1749 (a) “Former s. 322.34” is a reference to s. 322.34 as it
1750 existed at any time before its amendment by chapter 2019-167,
1751 Laws of Florida.
1752 (b) “New s. 322.34” is a reference to s. 322.34 as it
1753 exists after the amendments made by chapter 2019-167, Laws of
1754 Florida, became effective.
1755 (c) “Expunction” has the same meaning and effect as in s.
1756 943.0585.
1757 (2) ELIGIBILITY.—Notwithstanding any other law, a person is
1758 eligible to petition a court to expunge a criminal history
1759 record for a conviction under former s. 322.34 if:
1760 (a) The person received a withholding of adjudication or
1761 adjudication of guilt for a violation of former s. 322.34 for
1762 driving while license suspended, revoked, canceled, or
1763 disqualified and whose conviction would not be classified as a
1764 felony under new s. 322.34; and
1765 (b) The person has never been convicted of a felony other
1766 than for the felony offenses of the former s. 322.34 for driving
1767 while license suspended, revoked, canceled, or disqualified.
1768 (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
1769 to expunge a criminal history record under this section, a
1770 person seeking to expunge a criminal history record must apply
1771 to the department for a certificate of eligibility for
1772 expunction. The department shall adopt rules to establish
1773 procedures for applying for and issuing a certificate of
1774 eligibility for expunction.
1775 (a) The department shall issue a certificate of eligibility
1776 for expunction to a person who is the subject of a criminal
1777 history record under this section if that person:
1778 1. Satisfies the eligibility criteria in subsection (2);
1779 2. Has submitted to the department a written certified
1780 statement from the appropriate state attorney or statewide
1781 prosecutor which confirms the criminal history record complies
1782 with the criteria in subsection (2);
1783 3. Has submitted to the department a certified copy of the
1784 disposition of the charge or charges to which the petition to
1785 expunge pertains; and
1786 4. Remits a $75 processing fee to the department for
1787 placement in the Department of Law Enforcement Operating Trust
1788 Fund, unless the executive director waives such fee.
1789 (b) A certificate of eligibility for expunction is valid
1790 for 12 months after the date stamped on the certificate when
1791 issued by the department. After that time, the petitioner must
1792 reapply to the department for a new certificate of eligibility.
1793 The petitioner’s status and the law in effect at the time of the
1794 renewal application determine the petitioner’s eligibility.
1795 (4) PETITION.—Each petition to expunge a criminal history
1796 record must be accompanied by the following:
1797 (a) A valid certificate of eligibility issued by the
1798 department.
1799 (b) The petitioner’s sworn statement that he or she:
1800 1. Satisfies the eligibility requirements for expunction in
1801 subsection (2); and
1802 2. Is eligible for expunction to the best of his or her
1803 knowledge.
1804 (5) PENALTIES.—A person who knowingly provides false
1805 information on such sworn statement commits a felony of the
1806 third degree, punishable as provided in s. 775.082, s. 775.083,
1807 or s. 775.084.
1808 (6) COURT AUTHORITY.—
1809 (a) The courts of this state have jurisdiction over their
1810 own procedures, including the maintenance, expunction, and
1811 correction of judicial records containing criminal history
1812 information to the extent that such procedures are not
1813 inconsistent with the conditions, responsibilities, and duties
1814 established by this section.
1815 (b) A court of competent jurisdiction shall order a
1816 criminal justice agency to expunge the criminal history record
1817 of a person who complies with the requirements of this section.
1818 The court may not order a criminal justice agency to expunge a
1819 criminal history record under this section until the person
1820 seeking to expunge a criminal history record has applied for and
1821 received a certificate of eligibility under subsection (3).
1822 (c) Expunction granted under this section does not prevent
1823 the person who receives such relief from petitioning for the
1824 expunction or sealing of a later criminal history record, as
1825 provided for in ss. 943.0583, 943.0585, and 943.059, if the
1826 person is otherwise eligible under those sections.
1827 (7) PROCESSING OF A PETITION OR AN ORDER.—
1828 (a) In a judicial proceeding under this section, a copy of
1829 the completed petition to expunge shall be served upon the
1830 appropriate state attorney or the statewide prosecutor and upon
1831 the arresting agency; however, it is not necessary to make any
1832 agency other than the state a party. The appropriate state
1833 attorney or the statewide prosecutor and the arresting agency
1834 may respond to the court regarding the completed petition to
1835 expunge.
1836 (b) If relief is granted by the court, the clerk of the
1837 court shall certify copies of the order to the appropriate state
1838 attorney or the statewide prosecutor and the arresting agency.
1839 The arresting agency shall forward the order to any other agency
1840 to which the arresting agency disseminated the criminal history
1841 record information to which the order pertains. The department
1842 shall forward the order to expunge to the Federal Bureau of
1843 Investigation. The clerk of the court shall certify a copy of
1844 the order to any other agency which the records of the court
1845 reflect has received the criminal history record from the court.
1846 (c) The department or any other criminal justice agency is
1847 not required to act on an order to expunge entered by a court
1848 when such order does not comply with the requirements of this
1849 section. Upon receipt of such an order, the department must
1850 notify the issuing court, the appropriate state attorney or
1851 statewide prosecutor, the petitioner or the petitioner’s
1852 attorney, and the arresting agency of the reason for
1853 noncompliance. The appropriate state attorney or statewide
1854 prosecutor shall take action within 60 days to correct the
1855 record and petition the court to void the order. No cause of
1856 action, including contempt of court, shall arise against any
1857 criminal justice agency for failure to comply with an order to
1858 expunge when the petitioner for such order failed to obtain the
1859 certificate of eligibility as required by this section or such
1860 order does not otherwise comply with the requirements of this
1861 section.
1862 (8) EFFECT OF EXPUNCTION ORDER.—
1863 (a) The person who is the subject of a criminal history
1864 record that is expunged under this section may lawfully deny or
1865 fail to acknowledge the arrests and convictions covered by the
1866 expunged record, except when the person who is the subject of
1867 the record:
1868 1. Is a candidate for employment with a criminal justice
1869 agency;
1870 2. Is a defendant in a criminal prosecution;
1871 3. Concurrently or subsequently petitions for relief under
1872 this section, s. 943.0583, s. 943.0585, or s. 943.059;
1873 4. Is a candidate for admission to The Florida Bar;
1874 5. Is seeking to be employed or licensed by or to contract
1875 with the Department of Children and Families, the Division of
1876 Vocational Rehabilitation of the Department of Education, the
1877 Agency for Health Care Administration, the Agency for Persons
1878 with Disabilities, the Department of Health, the Department of
1879 Elderly Affairs, or the Department of Juvenile Justice or to be
1880 employed or used by such contractor or licensee in a sensitive
1881 position having direct contact with children, the disabled, or
1882 the elderly;
1883 6. Is seeking to be employed or licensed by the Department
1884 of Education, any district school board, any university
1885 laboratory school, any charter school, any private or parochial
1886 school, or any local governmental entity that licenses child
1887 care facilities;
1888 7. Is seeking to be licensed by the Division of Insurance
1889 Agent and Agency Services within the Department of Financial
1890 Services; or
1891 8. Is seeking to be appointed as a guardian pursuant to s.
1892 744.3125.
1893 (b) Subject to the exceptions in paragraph (a), a person
1894 who has been granted an expunction under this section may not be
1895 held under any law of this state to commit perjury or to be
1896 otherwise liable for giving a false statement by reason of such
1897 person’s failure to recite or acknowledge an expunged criminal
1898 history record.
1899 Section 16. Effective July 1, 2020, subsections (6) and
1900 (14) of section 943.325, Florida Statutes, are amended to read:
1901 943.325 DNA database.—
1902 (6) SAMPLES.—The statewide DNA database may contain DNA
1903 data obtained from the following types of biological samples:
1904 (a) Crime scene samples.
1905 (b) Samples obtained from qualifying offenders required by
1906 this section to provide a biological sample for DNA analysis and
1907 inclusion in the statewide DNA database.
1908 (c) Samples lawfully obtained during the course of a
1909 criminal investigation.
1910 (d) Samples from deceased victims or suspects that were
1911 lawfully obtained during the course of a criminal investigation.
1912 (e) Samples from unidentified human remains.
1913 (f) Samples from persons reported missing.
1914 (g) Samples voluntarily contributed by relatives of missing
1915 persons.
1916 (h) Samples obtained from DNA analysis ordered under s.
1917 925.11 or s. 925.12.
1918 (i)(h) Other samples approved by the department.
1919 (14) RESULTS.—The results of a DNA analysis and the
1920 comparison of analytic results shall be released only to
1921 criminal justice agencies as defined in s. 943.045 at the
1922 request of the agency or as required by s. 925.11 or s. 925.12.
1923 Otherwise, such information is confidential and exempt from s.
1924 119.07(1) and s. 24(a), Art. I of the State Constitution.
1925 Section 17. Effective July 1, 2020, section 943.3251,
1926 Florida Statutes, is amended to read:
1927 943.3251 Postsentencing forensic analysis and DNA database
1928 searches DNA testing.—
1929 (1) When a court orders postsentencing forensic analysis
1930 DNA testing of physical evidence, pursuant to s. 925.11, the
1931 Florida Department of Law Enforcement, or its designee, or a
1932 private laboratory shall carry out the analysis. If the forensic
1933 analysis produces a DNA sample meeting statewide DNA database
1934 submission standards, the department shall conduct a DNA
1935 database search testing.
1936 (2) The cost of forensic analysis and any database search
1937 such testing may be assessed against the petitioner sentenced
1938 defendant, pursuant to s. 925.11, unless he or she is indigent.
1939 (3) The results of postsentencing forensic analysis and any
1940 database search DNA testing shall be provided to the court, the
1941 petitioner sentenced defendant, and the prosecuting authority.
1942 Section 18. Paragraph (a) of subsection (7) of section
1943 944.705, Florida Statutes, is amended to read:
1944 944.705 Release orientation program.—
1945 (7)(a) The department shall notify every inmate in the
1946 inmate’s release documents:
1947 1. Of all outstanding terms of the inmate’s sentence at the
1948 time of release to assist the inmate in determining his or her
1949 status with regard to the completion of all terms of sentence,
1950 as that term is defined in s. 98.0751. This subparagraph does
1951 not apply to inmates who are being released from the custody of
1952 the department to any type of supervision monitored by the
1953 department;
1954 2. Of the dates of admission to and release from the
1955 custody of the department, including the total length of the
1956 term of imprisonment for which he or she is being released; and
1957 3.2. In not less than 18-point type, that the inmate may be
1958 sentenced pursuant to s. 775.082(9) if the inmate commits any
1959 felony offense described in s. 775.082(9) within 3 years after
1960 the inmate’s release. This notice must be prefaced by the word
1961 “WARNING” in boldfaced type.
1962 Section 19. Section 945.0911, Florida Statutes, is created
1963 to read:
1964 945.0911 Conditional medical release.—
1965 (1) FINDINGS.—The Legislature finds that the number of
1966 inmates with terminal medical conditions or who are suffering
1967 from severe debilitating or incapacitating medical conditions
1968 who are incarcerated in the state’s prisons has grown
1969 significantly in recent years. Further, the Legislature finds
1970 that the condition of inmates who are terminally ill or
1971 suffering from a debilitating or incapacitating condition may be
1972 exacerbated by imprisonment due to the stress linked to prison
1973 life. The Legislature also finds that recidivism rates are
1974 greatly reduced with inmates suffering from such medical
1975 conditions who are released into the community. Therefore, the
1976 Legislature finds that it is of great public importance to find
1977 a compassionate solution to the challenges presented by the
1978 imprisonment of inmates who are terminally ill or are suffering
1979 from a debilitating or incapacitating condition while also
1980 ensuring that the public safety of Florida’s communities remains
1981 protected.
1982 (2) CREATION.—There is established a conditional medical
1983 release program within the department for the purpose of
1984 determining whether release is appropriate for eligible inmates,
1985 supervising the released inmates, and conducting revocation
1986 hearings as provided for in this section. The establishment of
1987 the conditional medical release program must include a panel of
1988 at least three people appointed by the secretary or his or her
1989 designee for the purpose of determining the appropriateness of
1990 conditional medical release and conducting revocation hearings
1991 on the inmate releases.
1992 (3) DEFINITIONS.—As used in this section, the term:
1993 (a) “Inmate with a debilitating illness” means an inmate
1994 who is determined to be suffering from a significant terminal or
1995 nonterminal condition, disease, or syndrome that has rendered
1996 the inmate so physically or cognitively impaired, debilitated,
1997 or incapacitated as to create a reasonable probability that the
1998 inmate does not constitute a danger to himself or herself or to
1999 others.
2000 (b) “Permanently incapacitated inmate” means an inmate who
2001 has a condition caused by injury, disease, or illness which, to
2002 a reasonable degree of medical certainty, renders the inmate
2003 permanently and irreversibly physically incapacitated to the
2004 extent that the inmate does not constitute a danger to himself
2005 or herself or to others.
2006 (c) “Terminally ill inmate” means an inmate who has a
2007 condition caused by injury, disease, or illness which, to a
2008 reasonable degree of medical certainty, renders the inmate
2009 terminally ill to the extent that there can be no recovery,
2010 death is expected within 12 months, and the inmate does not
2011 constitute a danger to himself or herself or to others.
2012 (4) ELIGIBILITY.—An inmate is eligible for consideration
2013 for release under the conditional medical release program when
2014 the inmate, because of an existing medical or physical
2015 condition, is determined by the department to be an inmate with
2016 a debilitating illness, a permanently incapacitated inmate, or a
2017 terminally ill inmate. Notwithstanding any other law, an inmate
2018 who meets this eligibility criteria may be released from the
2019 custody of the department pursuant to this section before
2020 satisfying 85 percent of his or her term of imprisonment.
2021 (5) REFERRAL FOR CONSIDERATION.—
2022 (a)1. Notwithstanding any provision to the contrary, any
2023 inmate in the custody of the department who meets one or more of
2024 the eligibility requirements under subsection (4) must be
2025 considered for conditional medical release.
2026 2. The authority to grant conditional medical release rests
2027 solely with the department. An inmate does not have a right to
2028 release or to a medical evaluation to determine eligibility for
2029 release pursuant to this section.
2030 (b) The department must identify inmates who may be
2031 eligible for conditional medical release based upon available
2032 medical information. In considering an inmate for conditional
2033 medical release, the department may require additional medical
2034 evidence, including examinations of the inmate, or any other
2035 additional investigations the department deems necessary for
2036 determining the appropriateness of the eligible inmate’s
2037 release.
2038 (c) The department must refer an inmate to the panel
2039 established under subsection (2) for review and determination of
2040 conditional medical release upon his or her identification as
2041 potentially eligible for release pursuant to this section.
2042 (d) If the case that resulted in the inmate’s commitment to
2043 the department involved a victim, and the victim specifically
2044 requested notification pursuant to s. 16, Art. I of the State
2045 Constitution, the department must notify the victim of the
2046 inmate’s referral to the panel immediately upon identification
2047 of the inmate as potentially eligible for release under this
2048 section. Additionally, the victim must be afforded the right to
2049 be heard regarding the release of the inmate.
2050 (6) DETERMINATION OF RELEASE.—
2051 (a) The panel established in subsection (2) must conduct a
2052 hearing to determine whether conditional medical release is
2053 appropriate for the inmate. Before the hearing, the director of
2054 inmate health services or his or her designee must review any
2055 relevant information, including, but not limited to, medical
2056 evidence, and provide the panel with a recommendation regarding
2057 the appropriateness of releasing the inmate pursuant to this
2058 section. The hearing must be conducted by the panel:
2059 1. By April 1, 2021, if the inmate is immediately eligible
2060 for consideration for the conditional medical release program
2061 when this section took effect on October 1, 2020.
2062 2. By July 1, 2021, if the inmate becomes eligible for
2063 consideration for the conditional medical release program after
2064 October 1, 2020, but before July 1, 2021.
2065 3. Within 45 days after receiving the referral if the
2066 inmate becomes eligible for conditional medical release any time
2067 on or after July 1, 2021.
2068 (b) A majority of the panel members must agree that the
2069 inmate is appropriate for release pursuant to this section. If
2070 conditional medical release is approved, the inmate must be
2071 released by the department to the community within a reasonable
2072 amount of time with necessary release conditions imposed
2073 pursuant to subsection (7).
2074 (c)1. An inmate who is denied conditional medical release
2075 by the panel may have the decision reviewed by the department’s
2076 general counsel and chief medical officer, who must make a
2077 recommendation to the secretary. The secretary must review all
2078 relevant information and make a final decision about the
2079 appropriateness of conditional medical release pursuant to this
2080 section. The decision of the secretary is a final administrative
2081 decision not subject to appeal.
2082 2. An inmate who requests to have the decision reviewed in
2083 accordance with this paragraph must do so in a manner prescribed
2084 by rule. An inmate who is denied conditional medical release may
2085 be subsequently reconsidered for such release in a manner
2086 prescribed by department rule.
2087 (7) RELEASE CONDITIONS.—
2088 (a) An inmate granted release pursuant to this section is
2089 released for a period equal to the length of time remaining on
2090 his or her term of imprisonment on the date the release is
2091 granted. Such inmate is considered a medical releasee upon
2092 release from the department into the community. The medical
2093 releasee must comply with all reasonable conditions of release
2094 the department imposes, which must include, at a minimum:
2095 1. Periodic medical evaluations at intervals determined by
2096 the department at the time of release.
2097 2. Supervision by an officer trained to handle special
2098 offender caseloads.
2099 3. Active electronic monitoring, if such monitoring is
2100 determined to be necessary to ensure the safety of the public
2101 and the medical releasee’s compliance with release conditions.
2102 4. Any conditions of community control provided for in s.
2103 948.101.
2104 5. Any other conditions the department deems appropriate to
2105 ensure the safety of the community and compliance by the medical
2106 releasee.
2107 (b) A medical releasee is considered to be in the custody,
2108 supervision, and control of the department, which, for purposes
2109 of this section, does not create a duty for the department to
2110 provide the medical releasee with medical care upon release into
2111 the community. The medical releasee remains eligible to earn or
2112 lose gain-time in accordance with s. 944.275 and department
2113 rule. The medical releasee may not be counted in the prison
2114 system population, and the medical releasee’s approved
2115 community-based housing location may not be counted in the
2116 capacity figures for the prison system.
2117 (8) REVOCATION HEARING AND RECOMMITMENT.—
2118 (a)1. If the medical releasee’s supervision officer or a
2119 duly authorized representative of the department discovers that
2120 the medical or physical condition of the medical releasee has
2121 improved to the extent that she or he would no longer be
2122 eligible for release under this section, the conditional medical
2123 release may be revoked. The department may order, as prescribed
2124 by department rule, that the medical releasee be returned to the
2125 custody of the department for a conditional medical release
2126 revocation hearing or may allow the medical releasee to remain
2127 in the community pending the revocation hearing. If the
2128 department elects to order the medical releasee to be returned
2129 to custody pending the revocation hearing, the officer or duly
2130 authorized representative may cause a warrant to be issued for
2131 the arrest of the medical releasee.
2132 2. A medical releasee may admit to the allegation of
2133 improved medical or physical condition or may elect to proceed
2134 to a revocation hearing. The revocation hearing must be
2135 conducted by the panel established in subsection (2). Before a
2136 revocation hearing pursuant to this paragraph, the director of
2137 inmate health services or his or her designee must review any
2138 medical evidence pertaining to the medical releasee and provide
2139 the panel with a recommendation regarding the medical releasee’s
2140 improvement and current medical or physical condition.
2141 3. A majority of the panel members must agree that
2142 revocation is appropriate for the medical releasee’s conditional
2143 medical release to be revoked. If conditional medical release is
2144 revoked due to improvement in his or her medical or physical
2145 condition, the medical releasee must be recommitted to the
2146 department to serve the balance of his or her sentence in an
2147 institution designated by the department with credit for the
2148 time served on conditional medical release and without
2149 forfeiture of any gain-time accrued before recommitment. If the
2150 medical releasee whose conditional medical release is revoked
2151 due to an improvement in his or her medical or physical
2152 condition would otherwise be eligible for parole or any other
2153 release program, he or she may be considered for such release
2154 program pursuant to law.
2155 4. A medical releasee whose conditional medical release is
2156 revoked pursuant to this paragraph may have the decision
2157 reviewed by the department’s general counsel and chief medical
2158 officer, who must make a recommendation to the secretary. The
2159 secretary must review all relevant information and make a final
2160 decision about the appropriateness of the revocation of
2161 conditional medical release pursuant to this paragraph. The
2162 decision of the secretary is a final administrative decision not
2163 subject to appeal.
2164 (b)1. The medical releasee’s conditional medical release
2165 may also be revoked for violation of any release conditions the
2166 department establishes, including, but not limited to, a new
2167 violation of law. The department may terminate the medical
2168 releasee’s conditional medical release and return him or her to
2169 the same or another institution designated by the department.
2170 2. If a duly authorized representative of the department
2171 has reasonable grounds to believe that a medical releasee has
2172 violated the conditions of his or her release in a material
2173 respect, such representative may cause a warrant to be issued
2174 for the arrest of the medical releasee. A law enforcement
2175 officer or a probation officer may arrest the medical releasee
2176 without a warrant in accordance with s. 948.06 if there are
2177 reasonable grounds to believe he or she has violated the terms
2178 and conditions of his or her conditional medical release. The
2179 law enforcement officer must report the medical releasee’s
2180 alleged violations to the supervising probation office or the
2181 department’s emergency action center for initiation of
2182 revocation proceedings as prescribed by the department by rule.
2183 3. If the basis of the violation of release conditions is
2184 related to a new violation of law, the medical releasee must be
2185 detained without bond until his or her initial appearance, at
2186 which a judicial determination of probable cause is made. If the
2187 judge determines that there was no probable cause for the
2188 arrest, the medical releasee may be released. If the judge
2189 determines that there was probable cause for the arrest, the
2190 judge’s determination also constitutes reasonable grounds to
2191 believe that the medical releasee violated the conditions of the
2192 conditional medical release.
2193 4. The department must order that the medical releasee
2194 subject to revocation under this paragraph be returned to
2195 department custody for a conditional medical release revocation
2196 hearing. A medical releasee may admit to the alleged violation
2197 of the conditions of conditional medical release or may elect to
2198 proceed to a revocation hearing. The revocation hearing must be
2199 conducted by the panel established in subsection (2).
2200 5. A majority of the panel members must agree that
2201 revocation is appropriate for the medical releasee’s conditional
2202 medical release to be revoked. If conditional medical release is
2203 revoked pursuant to this paragraph, the medical releasee must
2204 serve the balance of his or her sentence in an institution
2205 designated by the department with credit for the actual time
2206 served on conditional medical release. The releasee’s gain-time
2207 accrued before recommitment may be forfeited pursuant to s.
2208 944.28(1). If the medical releasee whose conditional medical
2209 release is revoked subject to this paragraph would otherwise be
2210 eligible for parole or any other release program, he or she may
2211 be considered for such release program pursuant to law.
2212 6. A medical releasee whose conditional medical release has
2213 been revoked pursuant to this paragraph may have the revocation
2214 reviewed by the department’s general counsel, who must make a
2215 recommendation to the secretary. The secretary must review all
2216 relevant information and make a final decision about the
2217 appropriateness of the revocation of conditional medical release
2218 pursuant to this paragraph. The decision of the secretary is a
2219 final administrative decision not subject to appeal.
2220 (c)1. If the medical releasee subject to revocation under
2221 paragraph (a) or paragraph (b) elects to proceed with a hearing,
2222 the medical releasee must be informed orally and in writing of
2223 the following:
2224 a. The alleged basis for the pending revocation proceeding
2225 against the releasee.
2226 b. The releasee’s right to be represented by counsel.
2227 However, this sub-subparagraph does not create a right to
2228 publicly funded legal counsel.
2229 c. The releasee’s right to be heard in person.
2230 d. The releasee’s right to secure, present, and compel the
2231 attendance of witnesses relevant to the proceeding.
2232 e. The releasee’s right to produce documents on his or her
2233 own behalf.
2234 f. The releasee’s right of access to all evidence used to
2235 support the revocation proceeding against the releasee and to
2236 confront and cross-examine adverse witnesses.
2237 g. The releasee’s right to waive the hearing.
2238 2. If the panel approves the revocation of the medical
2239 releasee’s conditional medical release under paragraph (a) or
2240 paragraph (b), the panel must provide a written statement as to
2241 evidence relied on and reasons for revocation.
2242 (d) A medical releasee whose conditional medical release is
2243 revoked and who is recommitted to the department under this
2244 subsection must comply with the 85 percent requirement in
2245 accordance with ss. 921.002 and 944.275 upon recommitment.
2246 (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
2247 TERMINAL CONDITION.—
2248 (a) If an inmate is diagnosed with a terminal medical
2249 condition that makes him or her eligible for consideration for
2250 release under paragraph (3)(c) while in the custody of the
2251 department, subject to confidentiality requirements, the
2252 department must:
2253 1. Notify the inmate’s family or next of kin and attorney,
2254 if applicable, of such diagnosis within 72 hours after the
2255 diagnosis.
2256 2. Provide the inmate’s family, including extended family,
2257 with an opportunity to visit the inmate in person within 7 days
2258 after the diagnosis.
2259 3. Initiate a review for conditional medical release as
2260 provided for in this section immediately upon the diagnosis.
2261 (b) If the inmate has mental and physical capacity, he or
2262 she must consent to release of confidential information for the
2263 department to comply with the notification requirements required
2264 in this subsection.
2265 (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
2266 and in accordance with s. 13, Art. X of the State Constitution,
2267 members of the panel established in subsection (2) who are
2268 involved with decisions that grant or revoke conditional medical
2269 release are provided immunity from liability for actions that
2270 directly relate to such decisions.
2271 (11) RULEMAKING AUTHORITY.—The department may adopt rules
2272 as necessary to implement this section.
2273 Section 20. Section 945.0912, Florida Statutes, is created
2274 to read:
2275 945.0912 Conditional aging inmate release.—
2276 (1) FINDINGS.—The Legislature finds that the number of
2277 aging inmates incarcerated in the state’s prisons has grown
2278 significantly in recent years. Further, the Legislature finds
2279 that imprisonment tends to exacerbate the effects of aging due
2280 to histories of substance abuse and inadequate preventive care
2281 before imprisonment and stress linked to prison life. The
2282 Legislature also finds that recidivism rates are greatly reduced
2283 with older inmates who are released into the community.
2284 Therefore, the Legislature finds that it is of great public
2285 importance to find a compassionate solution to the challenges
2286 presented by the imprisonment of aging inmates while also
2287 ensuring that the public safety of Florida’s communities remains
2288 protected.
2289 (2) CREATION.—There is established a conditional aging
2290 inmate release program within the department for the purpose of
2291 determining eligible inmates who are appropriate for such
2292 release, supervising the released inmates, and conducting
2293 revocation hearings as provided for in this section. The program
2294 must include a panel of at least three people appointed by the
2295 secretary or his or her designee for the purpose of determining
2296 the appropriateness of conditional aging inmate release and
2297 conducting revocation hearings on the inmate releases.
2298 (3) ELIGIBILITY.—
2299 (a) An inmate is eligible for consideration for release
2300 under the conditional aging inmate release program when the
2301 inmate has reached 65 years of age and has served at least 10
2302 years on his or her term of imprisonment. Notwithstanding any
2303 other provision of law, an inmate who meets the above criteria
2304 may be released from the custody of the department pursuant to
2305 this section before satisfying 85 percent of his or her term of
2306 imprisonment.
2307 (b) An inmate may not be considered for release through the
2308 conditional aging inmate release program if he or she has ever
2309 been found guilty of, regardless of adjudication, or entered a
2310 plea of nolo contendere or guilty to, or has been adjudicated
2311 delinquent for committing:
2312 1. Any offense classified as a capital felony, life felony,
2313 or first degree felony punishable by a term of years not
2314 exceeding life imprisonment.
2315 2. Any violation of law that resulted in the killing of a
2316 human being.
2317 3. Any felony offense that serves as a predicate to
2318 registration as a sexual offender in accordance with s.
2319 943.0435; or
2320 4. Any similar offense committed in another jurisdiction
2321 which would be an offense listed in this paragraph if it had
2322 been committed in violation of the laws of this state.
2323 (c) An inmate who has previously been released on any form
2324 of conditional or discretionary release and who was recommitted
2325 to the department as a result of a finding that he or she
2326 subsequently violated the terms of such conditional or
2327 discretionary release may not be considered for release through
2328 the program.
2329 (4) REFERRAL FOR CONSIDERATION.—
2330 (a)1. Notwithstanding any provision to the contrary, an
2331 inmate in the custody of the department who is eligible for
2332 consideration pursuant to subsection (3) must be considered for
2333 the conditional aging inmate release program.
2334 2. The authority to grant conditional aging inmate release
2335 rests solely with the department. An inmate does not have a
2336 right to such release.
2337 (b) The department must identify inmates who may be
2338 eligible for the conditional aging inmate release program. In
2339 considering an inmate for conditional aging inmate release, the
2340 department may require the production of additional evidence or
2341 any other additional investigations that the department deems
2342 necessary for determining the appropriateness of the eligible
2343 inmate’s release.
2344 (c) The department must refer an inmate to the panel
2345 established under subsection (2) for review and determination of
2346 conditional aging inmate release upon his or her identification
2347 as potentially eligible for release pursuant to this section.
2348 (d) If the case that resulted in the inmate’s commitment to
2349 the department involved a victim, and the victim specifically
2350 requested notification pursuant to s. 16, Art. I of the State
2351 Constitution, the department must notify the victim, in a manner
2352 prescribed by rule, of the inmate’s referral to the panel
2353 immediately upon identification of the inmate as potentially
2354 eligible for release under this section. Additionally, the
2355 victim must be afforded the right to be heard regarding the
2356 release of the inmate.
2357 (5) DETERMINATION OF RELEASE.—
2358 (a) The panel established in subsection (2) must conduct a
2359 hearing to determine whether the inmate is appropriate for
2360 conditional aging inmate release. The hearing must be conducted
2361 by the panel:
2362 1. By April 1, 2021, if the inmate is immediately eligible
2363 for consideration for the conditional aging inmate release
2364 program when this section took effect on October 1, 2020.
2365 2. By July 1, 2021, if the inmate becomes eligible for
2366 consideration for the conditional aging inmate release program
2367 after October 1, 2020, but before July 1, 2021.
2368 3. Within 45 days after receiving the referral if the
2369 inmate becomes eligible for conditional aging inmate release any
2370 time on or after July 1, 2021.
2371 (b) A majority of the panel members must agree that the
2372 inmate is appropriate for release pursuant to this section. If
2373 conditional aging inmate release is approved, the inmate must be
2374 released by the department to the community within a reasonable
2375 amount of time with necessary release conditions imposed
2376 pursuant to subsection (6).
2377 (c)1. An inmate who is denied conditional aging inmate
2378 release by the panel may have the decision reviewed by the
2379 department’s general counsel, who must make a recommendation to
2380 the secretary. The secretary must review all relevant
2381 information and make a final decision about the appropriateness
2382 of conditional aging inmate release pursuant to this section.
2383 The decision of the secretary is a final administrative decision
2384 not subject to appeal.
2385 2. An inmate who requests to have the decision reviewed in
2386 accordance with this paragraph must do so in a manner prescribed
2387 by rule. An inmate who is denied conditional aging inmate
2388 release may be subsequently reconsidered for such release in a
2389 manner prescribed by rule.
2390 (6) RELEASE CONDITIONS.—
2391 (a) An inmate granted release pursuant to this section is
2392 released for a period equal to the length of time remaining on
2393 his or her term of imprisonment on the date the release is
2394 granted. Such inmate is considered an aging releasee upon
2395 release from the department into the community. The aging
2396 releasee must comply with all reasonable conditions of release
2397 the department imposes, which must include, at a minimum:
2398 1. Supervision by an officer trained to handle special
2399 offender caseloads.
2400 2. Active electronic monitoring, if such monitoring is
2401 determined to be necessary to ensure the safety of the public
2402 and the aging releasee’s compliance with release conditions.
2403 3. Any conditions of community control provided for in s.
2404 948.101.
2405 4. Any other conditions the department deems appropriate to
2406 ensure the safety of the community and compliance by the aging
2407 releasee.
2408 (b) An aging releasee is considered to be in the custody,
2409 supervision, and control of the department, which, for purposes
2410 of this section, does not create a duty for the department to
2411 provide the aging releasee with medical care upon release into
2412 the community. The aging releasee remains eligible to earn or
2413 lose gain-time in accordance with s. 944.275 and department
2414 rule. The aging releasee may not be counted in the prison system
2415 population, and the aging releasee’s approved community-based
2416 housing location may not be counted in the capacity figures for
2417 the prison system.
2418 (7) REVOCATION HEARING AND RECOMMITMENT.—
2419 (a)1. An aging releasee’s conditional aging inmate release
2420 may be revoked for a violation of any condition of the release
2421 established by the department, including, but not limited to, a
2422 new violation of law. The department may terminate the aging
2423 releasee’s conditional aging inmate release and return him or
2424 her to the same or another institution designated by the
2425 department.
2426 2. If a duly authorized representative of the department
2427 has reasonable grounds to believe that an aging releasee has
2428 violated the conditions of his or her release in a material
2429 respect, such representative may cause a warrant to be issued
2430 for the arrest of the aging releasee. A law enforcement officer
2431 or a probation officer may arrest the aging releasee without a
2432 warrant in accordance with s. 948.06, if there are reasonable
2433 grounds to believe he or she has violated the terms and
2434 conditions of his or her conditional aging inmate release. The
2435 law enforcement officer must report the aging releasee’s alleged
2436 violations to the supervising probation office or the
2437 department’s emergency action center for initiation of
2438 revocation proceedings as prescribed by the department by rule.
2439 3. If the basis of the violation of release conditions is
2440 related to a new violation of law, the aging releasee must be
2441 detained without bond until his or her initial appearance, at
2442 which a judicial determination of probable cause is made. If the
2443 judge determines that there was no probable cause for the
2444 arrest, the aging releasee may be released. If the judge
2445 determines that there was probable cause for the arrest, the
2446 judge’s determination also constitutes reasonable grounds to
2447 believe that the aging releasee violated the conditions of the
2448 release.
2449 4. The department must order that the aging releasee
2450 subject to revocation under this subsection be returned to
2451 department custody for a conditional aging inmate release
2452 revocation hearing as prescribed by rule. An aging releasee may
2453 admit to the alleged violation of the conditions of conditional
2454 aging inmate release or may elect to proceed to a revocation
2455 hearing.
2456 5. A majority of the panel members must agree that
2457 revocation is appropriate for the aging releasee’s conditional
2458 aging inmate release to be revoked. If conditional aging inmate
2459 release is revoked pursuant to this subsection, the aging
2460 releasee must serve the balance of his or her sentence in an
2461 institution designated by the department with credit for the
2462 actual time served on conditional aging inmate release. However,
2463 the aging releasee’s gain-time accrued before recommitment may
2464 be forfeited pursuant to s. 944.28(1). An aging releasee whose
2465 conditional aging inmate release is revoked and is recommitted
2466 to the department under this subsection must comply with the 85
2467 percent requirement in accordance with ss. 921.002 and 944.275.
2468 If the aging releasee whose conditional aging inmate release is
2469 revoked subject to this subsection would otherwise be eligible
2470 for parole or any other release program, he or she may be
2471 considered for such release program pursuant to law.
2472 6. An aging releasee whose release has been revoked
2473 pursuant to this subsection may have the revocation reviewed by
2474 the department’s general counsel, who must make a recommendation
2475 to the secretary. The secretary must review all relevant
2476 information and make a final decision about the appropriateness
2477 of the revocation of conditional aging inmate release pursuant
2478 to this subsection. The decision of the secretary is a final
2479 administrative decision not subject to appeal.
2480 (b) If the aging releasee subject to revocation under this
2481 subsection elects to proceed with a hearing, the aging releasee
2482 must be informed orally and in writing of the following:
2483 1. The alleged violation with which the releasee is
2484 charged.
2485 2. The releasee’s right to be represented by counsel.
2486 However, this subparagraph does not create a right to publicly
2487 funded legal counsel.
2488 3. The releasee’s right to be heard in person.
2489 4. The releasee’s right to secure, present, and compel the
2490 attendance of witnesses relevant to the proceeding.
2491 5. The releasee’s right to produce documents on his or her
2492 own behalf.
2493 6. The releasee’s right of access to all evidence used
2494 against the releasee and to confront and cross-examine adverse
2495 witnesses.
2496 7. The releasee’s right to waive the hearing.
2497 (c) If the panel approves the revocation of the aging
2498 releasee’s conditional aging inmate release, the panel must
2499 provide a written statement as to evidence relied on and reasons
2500 for revocation.
2501 (8) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
2502 and in accordance with s. 13, Art. X of the State Constitution,
2503 members of the panel established in subsection (2) who are
2504 involved with decisions that grant or revoke conditional aging
2505 inmate release are provided immunity from liability for actions
2506 that directly relate to such decisions.
2507 (9) RULEMAKING AUTHORITY.—The department may adopt rules as
2508 necessary to implement this section.
2509 Section 21. Section 947.149, Florida Statutes, is repealed.
2510 Section 22. Effective upon this act becoming a law,
2511 paragraph (f) of subsection (2) of section 948.06, Florida
2512 Statutes, is amended to read:
2513 948.06 Violation of probation or community control;
2514 revocation; modification; continuance; failure to pay
2515 restitution or cost of supervision.—
2516 (2)
2517 (f)1. Except as provided in subparagraph 3. or upon waiver
2518 by the probationer, the court shall modify or continue a
2519 probationary term upon finding a probationer in violation when
2520 all any of the following apply applies:
2521 a. The term of supervision is probation.
2522 b. The probationer does not qualify as a violent felony
2523 offender of special concern, as defined in paragraph (8)(b).
2524 c. The violation is a low-risk technical violation, as
2525 defined in paragraph (9)(b).
2526 d. The court has not previously found the probationer in
2527 violation of his or her probation pursuant to a filed violation
2528 of probation affidavit during the current term of supervision. A
2529 probationer who has successfully completed sanctions through the
2530 alternative sanctioning program is eligible for mandatory
2531 modification or continuation of his or her probation.
2532 2. Upon modifying probation under subparagraph 1., the
2533 court may include in the sentence a maximum of 90 days in county
2534 jail as a special condition of probation.
2535 3. Notwithstanding s. 921.0024, if a probationer has less
2536 than 90 days of supervision remaining on his or her term of
2537 probation and meets the criteria for mandatory modification or
2538 continuation in subparagraph 1., the court may revoke probation
2539 and sentence the probationer to a maximum of 90 days in county
2540 jail.
2541 4. For purposes of imposing a jail sentence under this
2542 paragraph only, the court may grant credit only for time served
2543 in the county jail since the probationer’s most recent arrest
2544 for the violation. However, the court may not order the
2545 probationer to a total term of incarceration greater than the
2546 maximum provided by s. 775.082.
2547 Section 23. Section 951.30, Florida Statutes, is created to
2548 read:
2549 951.30 Release documents; requirement.—The administrator of
2550 a county detention facility must provide to each inmate upon
2551 release from the custody of the facility a written document
2552 detailing the total length of the term of imprisonment from
2553 which he or she is being released, including the specific dates
2554 of his or her admission to and release from the custody of the
2555 facility.
2556 Section 24. Effective July 1, 2020, section 961.02, Florida
2557 Statutes, is amended to read:
2558 961.02 Definitions.—As used in ss. 961.01-961.07, the term:
2559 (1) “Act” means the Victims of Wrongful Incarceration
2560 Compensation Act.
2561 (2) “Department” means the Department of Legal Affairs.
2562 (3) “Division” means the Division of Administrative
2563 Hearings.
2564 (4) “Eligible for compensation” means that a person meets
2565 the definition of the term “wrongfully incarcerated person” and
2566 is not disqualified from seeking compensation under the criteria
2567 prescribed in s. 961.04.
2568 (4)(5) “Entitled to compensation” means that a person meets
2569 the definition of the term “eligible for compensation” and
2570 satisfies the application requirements prescribed in s. 961.05,
2571 and may receive compensation pursuant to s. 961.06.
2572 (6) “Violent felony” means a felony listed in s.
2573 775.084(1)(c)1. or s. 948.06(8)(c).
2574 (5)(7) “Wrongfully incarcerated person” means a person
2575 whose felony conviction and sentence have been vacated by a
2576 court of competent jurisdiction and who is the subject of an
2577 order issued by the original sentencing court pursuant to s.
2578 961.03 finding that the person did not commit the act or offense
2579 that served as the basis for the conviction and incarceration
2580 and that the person did not aid, abet, or act as an accomplice
2581 or accessory to a person who committed the act or offense.
2582 Section 25. Effective July 1, 2020, section 961.03, Florida
2583 Statutes, is amended to read:
2584 961.03 Determination of status as a wrongfully incarcerated
2585 person; determination of eligibility for compensation.—
2586 (1)(a) In order to meet the definition of a “wrongfully
2587 incarcerated person,” and “eligible for compensation,” upon
2588 entry of an order, based upon exonerating evidence, vacating a
2589 conviction and sentence, a person must set forth the claim of
2590 wrongful incarceration under oath and with particularity by
2591 filing a petition with the original sentencing court, with a
2592 copy of the petition and proper notice to the prosecuting
2593 authority in the underlying felony for which the person was
2594 incarcerated. At a minimum, the petition must:
2595 1. state that verifiable and substantial evidence of actual
2596 innocence exists and state with particularity the nature and
2597 significance of the verifiable and substantial evidence of
2598 actual innocence.; and
2599 2. State that the person is not disqualified, under the
2600 provisions of s. 961.04, from seeking compensation under this
2601 act.
2602 (b) The person must file the petition with the court:
2603 1. Within 2 years after the order vacating a conviction and
2604 sentence becomes final and the criminal charges against the
2605 person are dismissed or the person is retried and found not
2606 guilty, if the person’s conviction and sentence is vacated on or
2607 after July 1, 2020.
2608 2. By July 1, 2022, if the person’s conviction and sentence
2609 was vacated and the criminal charges against the person were
2610 dismissed or the person was retried and found not guilty after
2611 January 1, 2006, but before July 1, 2020, and he or she
2612 previously filed a claim under this section, which was dismissed
2613 or did not file a claim under this section because:
2614 a. The date when the criminal charges against the person
2615 were dismissed or the date the person was acquitted upon retrial
2616 occurred more than 90 days after the date of the final order
2617 vacating the conviction and sentence; or
2618 b. The claim would have previously been barred under former
2619 s. 961.04, Florida Statutes 2020.
2620 1. Within 90 days after the order vacating a conviction and
2621 sentence becomes final if the person’s conviction and sentence
2622 is vacated on or after July 1, 2008.
2623 2. By July 1, 2010, if the person’s conviction and sentence
2624 was vacated by an order that became final prior to July 1, 2008.
2625 (c) A deceased person’s heirs, successors, or assigns do
2626 not have standing to file a claim on the deceased person’s
2627 behalf under this act.
2628 (2) The prosecuting authority must respond to the petition
2629 within 30 days. The prosecuting authority may respond:
2630 (a) By certifying to the court that, based upon the
2631 petition and verifiable and substantial evidence of actual
2632 innocence, no further criminal proceedings in the case at bar
2633 can or will be initiated by the prosecuting authority and, that
2634 no questions of fact remain as to the petitioner’s wrongful
2635 incarceration, and that the petitioner is not ineligible from
2636 seeking compensation under the provisions of s. 961.04; or
2637 (b) By contesting the nature, significance, or effect of
2638 the evidence of actual innocence, or the facts related to the
2639 petitioner’s alleged wrongful incarceration, or whether the
2640 petitioner is ineligible from seeking compensation under the
2641 provisions of s. 961.04.
2642 (3) If the prosecuting authority responds as set forth in
2643 paragraph (2)(a), the original sentencing court, based upon the
2644 evidence of actual innocence, the prosecuting authority’s
2645 certification, and upon the court’s finding that the petitioner
2646 has presented clear and convincing evidence that the petitioner
2647 committed neither the act nor the offense that served as the
2648 basis for the conviction and incarceration, and that the
2649 petitioner did not aid, abet, or act as an accomplice to a
2650 person who committed the act or offense, shall certify to the
2651 department that the petitioner is a wrongfully incarcerated
2652 person as defined by this act. Based upon the prosecuting
2653 authority’s certification, the court shall also certify to the
2654 department that the petitioner is eligible for compensation
2655 under the provisions of s. 961.04.
2656 (4)(a) If the prosecuting authority responds as set forth
2657 in paragraph (2)(b), the original sentencing court shall make a
2658 determination from the pleadings and supporting documentation
2659 whether, by a preponderance of the evidence, the petitioner is
2660 ineligible for compensation under the provisions of s. 961.04,
2661 regardless of his or her claim of wrongful incarceration. If the
2662 court finds the petitioner ineligible under the provisions of s.
2663 961.04, it shall dismiss the petition.
2664 (b) If the prosecuting authority responds as set forth in
2665 paragraph (2)(b), and the court determines that the petitioner
2666 is eligible under the provisions of s. 961.04, but the
2667 prosecuting authority contests the nature, significance or
2668 effect of the evidence of actual innocence, or the facts related
2669 to the petitioner’s alleged wrongful incarceration, the court
2670 shall set forth its findings and transfer the petition by
2671 electronic means through the division’s website to the division
2672 for findings of fact and a recommended determination of whether
2673 the petitioner has established that he or she is a wrongfully
2674 incarcerated person who is eligible for compensation under this
2675 act.
2676 (5) Any questions of fact, the nature, significance or
2677 effect of the evidence of actual innocence, and the petitioner’s
2678 eligibility for compensation under this act must be established
2679 by clear and convincing evidence by the petitioner before an
2680 administrative law judge.
2681 (6)(a) Pursuant to division rules and any additional rules
2682 set forth by the administrative law judge, a hearing shall be
2683 conducted no later than 120 days after the transfer of the
2684 petition.
2685 (b) The prosecuting authority shall appear for the purpose
2686 of contesting, as necessary, the facts, the nature, and
2687 significance or effect of the evidence of actual innocence as
2688 presented by the petitioner.
2689 (c) No later than 45 days after the adjournment of the
2690 hearing, the administrative law judge shall issue an order
2691 setting forth his or her findings and recommendation and shall
2692 file the order with the original sentencing court.
2693 (d) The original sentencing court shall review the findings
2694 and recommendation contained in the order of the administrative
2695 law judge and, within 60 days, shall issue its own order
2696 adopting or declining to adopt the findings and recommendation
2697 of the administrative law judge.
2698 (7) If the court concludes that the petitioner is a
2699 wrongfully incarcerated person as defined by this act and is
2700 eligible for compensation as defined in this act, the court
2701 shall include in its order a certification to the department
2702 that:
2703 (a)1. The order of the administrative law judge finds that
2704 the petitioner has met his or her burden of establishing by
2705 clear and convincing evidence that the petitioner committed
2706 neither the act nor the offense that served as the basis for the
2707 conviction and incarceration and that the petitioner did not
2708 aid, abet, or act as an accomplice to a person who committed the
2709 act or offense; or
2710 2. That the court has declined to adopt the findings and
2711 recommendations of the administrative law judge and finds that
2712 the petitioner has met his or her burden of establishing by
2713 clear and convincing evidence that the petitioner committed
2714 neither the act nor the offense that served as the basis for the
2715 conviction and incarceration and that the petitioner did not
2716 aid, abet, or act as an accomplice to a person who committed the
2717 act or offense; and
2718 (b) The original sentencing court determines the findings
2719 and recommendations on which its order is based are supported by
2720 competent, substantial evidence.
2721 (8) The establishment of the method by which a person may
2722 seek the status of a wrongfully incarcerated person and a
2723 finding as to eligibility for compensation under this act in no
2724 way creates any rights of due process beyond those set forth
2725 herein, nor is there created any right to further petition or
2726 appeal beyond the scope of the method set forth herein.
2727 Section 26. Effective July 1, 2020, section 961.04, Florida
2728 Statutes, is repealed.
2729 Section 27. Effective July 1, 2020, subsections (1), (2),
2730 and (3) of section 961.05, Florida Statutes, are amended to
2731 read:
2732 961.05 Application for compensation for wrongful
2733 incarceration; administrative expunction; determination of
2734 entitlement to compensation.—
2735 (1) A wrongfully incarcerated person who is eligible for
2736 compensation as defined in this act must initiate his or her
2737 application for compensation as required in this section no more
2738 than 2 years after the original sentencing court enters its
2739 order finding that the person meets the definition of wrongfully
2740 incarcerated person and is eligible for compensation as defined
2741 in this act.
2742 (2) A wrongfully incarcerated person who is eligible for
2743 compensation under the act must apply to the Department of Legal
2744 Affairs. No estate of, or personal representative for, a
2745 decedent is entitled to apply on behalf of the decedent for
2746 compensation for wrongful incarceration.
2747 (3) The application must include:
2748 (a) A certified copy of the order vacating the conviction
2749 and sentence;
2750 (b) A certified copy of the original sentencing court’s
2751 order finding the claimant to be a wrongfully incarcerated
2752 person who is eligible for compensation under this act;
2753 (c) Certified copies of the original judgment and sentence;
2754 (d) Documentation demonstrating the length of the sentence
2755 served, including documentation from the Department of
2756 Corrections regarding the person’s admission into and release
2757 from the custody of the Department of Corrections;
2758 (e) Positive proof of identification, including two full
2759 sets of fingerprints administered by a law enforcement agency
2760 and a current form of photo identification, demonstrating that
2761 the person seeking compensation is the same individual who was
2762 wrongfully incarcerated;
2763 (f) All supporting documentation of any fine, penalty, or
2764 court costs imposed and paid by the wrongfully incarcerated
2765 person as described in s. 961.06(1)(c); and
2766 (g) All supporting documentation of any reasonable
2767 attorney’s fees and expenses as described in s. 961.06(1)(d).
2768 Section 28. Effective July 1, 2020, section 961.06, Florida
2769 Statutes, is amended to read:
2770 961.06 Compensation for wrongful incarceration.—
2771 (1) Except as otherwise provided in this act and subject to
2772 the limitations and procedures prescribed in this section, a
2773 person who is found to be entitled to compensation under the
2774 provisions of this act is entitled to:
2775 (a) Monetary compensation for wrongful incarceration, which
2776 shall be calculated at a rate of $50,000 for each year of
2777 wrongful incarceration, prorated as necessary to account for a
2778 portion of a year. For persons found to be wrongfully
2779 incarcerated after January 1, 2006 December 31, 2008, the Chief
2780 Financial Officer may adjust the annual rate of compensation for
2781 inflation using the change in the December-to-December “Consumer
2782 Price Index for All Urban Consumers” of the Bureau of Labor
2783 Statistics of the Department of Labor;
2784 (b) A waiver of tuition and fees for up to 120 hours of
2785 instruction at any career center established under s. 1001.44,
2786 any Florida College System institution as defined in s.
2787 1000.21(3), or any state university as defined in s. 1000.21(6),
2788 if the wrongfully incarcerated person meets and maintains the
2789 regular admission requirements of such career center, Florida
2790 College System institution, or state university; remains
2791 registered at such educational institution; and makes
2792 satisfactory academic progress as defined by the educational
2793 institution in which the claimant is enrolled;
2794 (c) The amount of any fine, penalty, or court costs imposed
2795 and paid by the wrongfully incarcerated person;
2796 (d) The amount of any reasonable attorney attorney’s fees
2797 and expenses incurred and paid by the wrongfully incarcerated
2798 person in connection with all criminal proceedings and appeals
2799 regarding the wrongful conviction, to be calculated by the
2800 department based upon the supporting documentation submitted as
2801 specified in s. 961.05; and
2802 (e) Notwithstanding any provision to the contrary in s.
2803 943.0583 or s. 943.0585, immediate administrative expunction of
2804 the person’s criminal record resulting from his or her wrongful
2805 arrest, wrongful conviction, and wrongful incarceration. The
2806 Department of Legal Affairs and the Department of Law
2807 Enforcement shall, upon a determination that a claimant is
2808 entitled to compensation, immediately take all action necessary
2809 to administratively expunge the claimant’s criminal record
2810 arising from his or her wrongful arrest, wrongful conviction,
2811 and wrongful incarceration. All fees for this process shall be
2812 waived.
2813
2814 The total compensation awarded under paragraphs (a), (c), and
2815 (d) may not exceed $2 million. No further award for attorney
2816 attorney’s fees, lobbying fees, costs, or other similar expenses
2817 shall be made by the state.
2818 (2) In calculating monetary compensation under paragraph
2819 (1)(a), a wrongfully incarcerated person who is placed on parole
2820 or community supervision while serving the sentence resulting
2821 from the wrongful conviction and who commits no more than one
2822 felony that is not a violent felony which results in revocation
2823 of the parole or community supervision is eligible for
2824 compensation for the total number of years incarcerated. A
2825 wrongfully incarcerated person who commits one violent felony or
2826 more than one felony that is not a violent felony that results
2827 in revocation of the parole or community supervision is
2828 ineligible for any compensation under subsection (1).
2829 (3) Within 15 calendar days after issuing notice to the
2830 claimant that his or her claim satisfies all of the requirements
2831 under this act, the department shall notify the Chief Financial
2832 Officer to draw a warrant from the General Revenue Fund or
2833 another source designated by the Legislature in law for the
2834 purchase of an annuity for the claimant based on the total
2835 amount determined by the department under this act.
2836 (3)(4) The Chief Financial Officer shall issue payment in
2837 the amount determined by the department to an insurance company
2838 or other financial institution admitted and authorized to issue
2839 annuity contracts in this state to purchase an annuity or
2840 annuities, selected by the wrongfully incarcerated person, for a
2841 term of not less than 10 years. The Chief Financial Officer is
2842 directed to execute all necessary agreements to implement this
2843 act and to maximize the benefit to the wrongfully incarcerated
2844 person. The terms of the annuity or annuities shall:
2845 (a) Provide that the annuity or annuities may not be sold,
2846 discounted, or used as security for a loan or mortgage by the
2847 wrongfully incarcerated person.
2848 (b) Contain beneficiary provisions for the continued
2849 disbursement of the annuity or annuities in the event of the
2850 death of the wrongfully incarcerated person.
2851 (4)(5) If, at the time monetary compensation is determined
2852 pursuant to subsection (1), a court has previously entered a
2853 monetary judgment in favor of the claimant in a civil action
2854 related to his or her wrongful incarceration, or the claimant
2855 has entered into a settlement agreement with the state or any
2856 political subdivision thereof related to his or her wrongful
2857 incarceration, the amount of the damages in the civil action or
2858 settlement agreement, less any sums paid for attorney fees or
2859 for costs incurred in litigating the civil action or obtaining
2860 the settlement agreement, must be deducted from the total
2861 monetary compensation to which the claimant is entitled under
2862 this section Before the department approves the application for
2863 compensation, the wrongfully incarcerated person must sign a
2864 release and waiver on behalf of the wrongfully incarcerated
2865 person and his or her heirs, successors, and assigns, forever
2866 releasing the state or any agency, instrumentality, or any
2867 political subdivision thereof, or any other entity subject to s.
2868 768.28, from all present or future claims that the wrongfully
2869 incarcerated person or his or her heirs, successors, or assigns
2870 may have against such entities arising out of the facts in
2871 connection with the wrongful conviction for which compensation
2872 is being sought under the act.
2873 (5) If subsection (4) does not apply, and if after the time
2874 monetary compensation is determined pursuant to subsection (1)
2875 the court enters a monetary judgment in favor of the claimant in
2876 a civil action related to his or her wrongful incarceration, or
2877 the claimant enters into a settlement agreement with the state
2878 or any political subdivision thereof related to his or her
2879 wrongful incarceration, the claimant must reimburse the state
2880 for the monetary compensation paid under subsection (1), less
2881 any sums paid for attorney fees or costs incurred in litigating
2882 the civil action or obtaining the settlement agreement. The
2883 reimbursement required under this subsection may not exceed the
2884 amount of the monetary award the claimant received for damages
2885 in a civil action or a settlement agreement. The court shall
2886 include in the order of judgment an award to the state of any
2887 amount required to be deducted under this subsection.
2888 (6)(a) The claimant shall notify the department upon filing
2889 a civil action against the state or any political subdivision
2890 thereof in which the claimant is seeking monetary damages
2891 related to the claimant’s wrongful incarceration for which he or
2892 she previously received or is applying to receive compensation
2893 under subsection (1). A wrongfully incarcerated person may not
2894 submit an application for compensation under this act if the
2895 person has a lawsuit pending against the state or any agency,
2896 instrumentality, or any political subdivision thereof, or any
2897 other entity subject to the provisions of s. 768.28, in state or
2898 federal court requesting compensation arising out of the facts
2899 in connection with the claimant’s conviction and incarceration.
2900 (b) Upon notice of the claimant’s civil action, the
2901 department shall file in the case a notice of payment of
2902 monetary compensation to the claimant under subsection (1). The
2903 notice constitutes a lien upon any judgment or settlement
2904 recovered under the civil action that is equal to the sum of
2905 monetary compensation paid to the claimant under subsection (1),
2906 less any attorney fees and litigation costs.
2907 (7)(a)(b) A wrongfully incarcerated person may not submit
2908 an application for compensation under this act if the person is
2909 the subject of a claim bill pending for claims arising out of
2910 the facts in connection with the claimant’s conviction and
2911 incarceration.
2912 (b)(c) Once an application is filed under this act, a
2913 wrongfully incarcerated person may not pursue recovery under a
2914 claim bill until the final disposition of the application.
2915 (c)(d) Any amount awarded under this act is intended to
2916 provide the sole compensation for any and all present and future
2917 claims arising out of the facts in connection with the
2918 claimant’s conviction and incarceration. Upon notification by
2919 the department that an application meets the requirements of
2920 this act, a wrongfully incarcerated person may not recover under
2921 a claim bill.
2922 (d)(e) Any compensation awarded under a claim bill shall be
2923 the sole redress for claims arising out of the facts in
2924 connection with the claimant’s conviction and incarceration and,
2925 upon any award of compensation to a wrongfully incarcerated
2926 person under a claim bill, the person may not receive
2927 compensation under this act.
2928 (8)(7) Any payment made under this act does not constitute
2929 a waiver of any defense of sovereign immunity or an increase in
2930 the limits of liability on behalf of the state or any person
2931 subject to the provisions of s. 768.28 or other law.
2932 Section 29. Paragraph (a) of subsection (2) and paragraphs
2933 (b) and (c) of subsection (3) of section 1009.21, Florida
2934 Statutes, are amended to read:
2935 1009.21 Determination of resident status for tuition
2936 purposes.—Students shall be classified as residents or
2937 nonresidents for the purpose of assessing tuition in
2938 postsecondary educational programs offered by charter technical
2939 career centers or career centers operated by school districts,
2940 in Florida College System institutions, and in state
2941 universities.
2942 (2)(a) To qualify as a resident for tuition purposes:
2943 1. A person or, if that person is a dependent child, his or
2944 her parent or parents must have established legal residence in
2945 this state and must have maintained legal residence in this
2946 state for at least 12 consecutive months immediately before
2947 prior to his or her initial enrollment in an institution of
2948 higher education. The 12 consecutive months immediately before
2949 enrollment may include time spent incarcerated in a county
2950 detention facility or state correctional facility.
2951 2. Every applicant for admission to an institution of
2952 higher education shall be required to make a statement as to his
2953 or her length of residence in the state and, further, shall
2954 establish that his or her presence or, if the applicant is a
2955 dependent child, the presence of his or her parent or parents in
2956 the state currently is, and during the requisite 12-month
2957 qualifying period was, for the purpose of maintaining a bona
2958 fide domicile, rather than for the purpose of maintaining a mere
2959 temporary residence or abode incident to enrollment in an
2960 institution of higher education.
2961 (3)
2962 (b) Except as otherwise provided in this section, evidence
2963 of legal residence and its duration shall include clear and
2964 convincing documentation that residency in this state was for a
2965 minimum of 12 consecutive months before prior to a student’s
2966 initial enrollment in an institution of higher education. Time
2967 spent incarcerated in a county detention facility or state
2968 correctional facility and any combination of documented time
2969 living in this state before or after incarceration must be
2970 credited toward the residency requirement.
2971 (c) Each institution of higher education shall
2972 affirmatively determine that an applicant who has been granted
2973 admission to that institution as a Florida resident meets the
2974 residency requirements of this section at the time of initial
2975 enrollment. The residency determination must be documented by
2976 the submission of written or electronic verification that
2977 includes two or more of the documents identified in this
2978 paragraph. No single piece of evidence shall be conclusive.
2979 1. The documents must include at least one of the
2980 following:
2981 a. A Florida voter’s registration card.
2982 b. A Florida driver license.
2983 c. A State of Florida identification card.
2984 d. A Florida vehicle registration.
2985 e. Proof of a permanent home in Florida which is occupied
2986 as a primary residence by the individual or by the individual’s
2987 parent if the individual is a dependent child.
2988 f. Proof of a homestead exemption in Florida.
2989 g. Transcripts from a Florida high school for multiple
2990 years if the Florida high school diploma or high school
2991 equivalency diploma was earned within the last 12 months.
2992 h. Proof of permanent full-time employment in Florida for
2993 at least 30 hours per week for a 12-month period.
2994 2. The documents may include one or more of the following:
2995 a. A declaration of domicile in Florida.
2996 b. A Florida professional or occupational license.
2997 c. Florida incorporation.
2998 d. A document evidencing family ties in Florida.
2999 e. Proof of membership in a Florida-based charitable or
3000 professional organization.
3001 f. Any other documentation that supports the student’s
3002 request for resident status, including, but not limited to,
3003 utility bills and proof of 12 consecutive months of payments; a
3004 lease agreement and proof of 12 consecutive months of payments;
3005 or an official local, state, federal, or court document
3006 evidencing legal ties to Florida.
3007 Section 30. By July 1, 2020, the Office of Program Policy
3008 and Governmental Accountability (OPPAGA) shall initiate a study
3009 to evaluate the various opportunities available to persons
3010 returning to the community from imprisonment. The study’s scope
3011 must include, but need not be limited to, any barriers to such
3012 opportunities; any collateral consequences for persons who are
3013 released from incarceration into the community; and methods for
3014 reducing any collateral consequences identified. OPPAGA shall
3015 submit a report on the findings of the study to the Governor,
3016 the President of the Senate, the Minority Leader of the Senate,
3017 the Speaker of the House of Representatives, and the Minority
3018 Leader of the House of Representatives by December 31, 2020.
3019 Section 31. Subsection (6) of section 316.1935, Florida
3020 Statutes, is amended to read:
3021 316.1935 Fleeing or attempting to elude a law enforcement
3022 officer; aggravated fleeing or eluding.—
3023 (6) Notwithstanding s. 948.01, a court may not no court may
3024 suspend, defer, or withhold adjudication of guilt or imposition
3025 of sentence for any violation of this section. A person
3026 convicted and sentenced to a mandatory minimum term of
3027 incarceration under paragraph (3)(b) or paragraph (4)(b) is not
3028 eligible for statutory gain-time under s. 944.275 or any form of
3029 discretionary early release, other than pardon or executive
3030 clemency, or conditional medical release under s. 945.0911 s.
3031 947.149, or conditional aging inmate release under s. 945.0912,
3032 before prior to serving the mandatory minimum sentence.
3033 Section 32. Paragraph (k) of subsection (4) of section
3034 775.084, Florida Statutes, is amended to read:
3035 775.084 Violent career criminals; habitual felony offenders
3036 and habitual violent felony offenders; three-time violent felony
3037 offenders; definitions; procedure; enhanced penalties or
3038 mandatory minimum prison terms.—
3039 (4)
3040 (k)1. A defendant sentenced under this section as a
3041 habitual felony offender, a habitual violent felony offender, or
3042 a violent career criminal is eligible for gain-time granted by
3043 the Department of Corrections as provided in s. 944.275(4)(b).
3044 2. For an offense committed on or after October 1, 1995, a
3045 defendant sentenced under this section as a violent career
3046 criminal is not eligible for any form of discretionary early
3047 release, other than pardon or executive clemency, or conditional
3048 medical release under s. 945.0911, or conditional aging inmate
3049 release under s. 945.0912 granted pursuant to s. 947.149.
3050 3. For an offense committed on or after July 1, 1999, a
3051 defendant sentenced under this section as a three-time violent
3052 felony offender shall be released only by expiration of sentence
3053 and is shall not be eligible for parole, control release, or any
3054 form of early release.
3055 Section 33. Paragraphs (b) and (c) of subsection (2) and
3056 paragraphs (b) and (c) of subsection (3) of section 775.087,
3057 Florida Statutes, are amended to read:
3058 775.087 Possession or use of weapon; aggravated battery;
3059 felony reclassification; minimum sentence.—
3060 (2)
3061 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
3062 (a)3. does not prevent a court from imposing a longer sentence
3063 of incarceration as authorized by law in addition to the minimum
3064 mandatory sentence, or from imposing a sentence of death
3065 pursuant to other applicable law. Subparagraph (a)1.,
3066 subparagraph (a)2., or subparagraph (a)3. does not authorize a
3067 court to impose a lesser sentence than otherwise required by
3068 law.
3069
3070 Notwithstanding s. 948.01, adjudication of guilt or imposition
3071 of sentence may shall not be suspended, deferred, or withheld,
3072 and the defendant is not eligible for statutory gain-time under
3073 s. 944.275 or any form of discretionary early release, other
3074 than pardon or executive clemency, or conditional medical
3075 release under s. 945.0911 s. 947.149, or conditional aging
3076 inmate release under s. 945.0912, before prior to serving the
3077 minimum sentence.
3078 (c) If the minimum mandatory terms of imprisonment imposed
3079 pursuant to this section exceed the maximum sentences authorized
3080 by s. 775.082, s. 775.084, or the Public Safety Criminal
3081 Punishment Code under chapter 921, then the mandatory minimum
3082 sentence must be imposed. If the mandatory minimum terms of
3083 imprisonment pursuant to this section are less than the
3084 sentences that could be imposed as authorized by s. 775.082, s.
3085 775.084, or the Public Safety Criminal Punishment Code under
3086 chapter 921, then the sentence imposed by the court must include
3087 the mandatory minimum term of imprisonment as required in this
3088 section.
3089 (3)
3090 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
3091 (a)3. does not prevent a court from imposing a longer sentence
3092 of incarceration as authorized by law in addition to the minimum
3093 mandatory sentence, or from imposing a sentence of death
3094 pursuant to other applicable law. Subparagraph (a)1.,
3095 subparagraph (a)2., or subparagraph (a)3. does not authorize a
3096 court to impose a lesser sentence than otherwise required by
3097 law.
3098
3099 Notwithstanding s. 948.01, adjudication of guilt or imposition
3100 of sentence may shall not be suspended, deferred, or withheld,
3101 and the defendant is not eligible for statutory gain-time under
3102 s. 944.275 or any form of discretionary early release, other
3103 than pardon or executive clemency, or conditional medical
3104 release under s. 945.0911 s. 947.149, or conditional aging
3105 inmate release under s. 945.0912, before prior to serving the
3106 minimum sentence.
3107 (c) If the minimum mandatory terms of imprisonment imposed
3108 pursuant to this section exceed the maximum sentences authorized
3109 by s. 775.082, s. 775.084, or the Public Safety Criminal
3110 Punishment Code under chapter 921, then the mandatory minimum
3111 sentence must be imposed. If the mandatory minimum terms of
3112 imprisonment pursuant to this section are less than the
3113 sentences that could be imposed as authorized by s. 775.082, s.
3114 775.084, or the Public Safety Criminal Punishment Code under
3115 chapter 921, then the sentence imposed by the court must include
3116 the mandatory minimum term of imprisonment as required in this
3117 section.
3118 Section 34. Section 782.051, Florida Statutes, is amended
3119 to read:
3120 782.051 Attempted felony murder.—
3121 (1) Any person who perpetrates or attempts to perpetrate
3122 any felony enumerated in s. 782.04(3) and who commits, aids, or
3123 abets an intentional act that is not an essential element of the
3124 felony and that could, but does not, cause the death of another
3125 commits a felony of the first degree, punishable by imprisonment
3126 for a term of years not exceeding life, or as provided in s.
3127 775.082, s. 775.083, or s. 775.084, which is an offense ranked
3128 in level 9 of the Public Safety Criminal Punishment Code. Victim
3129 injury points shall be scored under this subsection.
3130 (2) Any person who perpetrates or attempts to perpetrate
3131 any felony other than a felony enumerated in s. 782.04(3) and
3132 who commits, aids, or abets an intentional act that is not an
3133 essential element of the felony and that could, but does not,
3134 cause the death of another commits a felony of the first degree,
3135 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
3136 which is an offense ranked in level 8 of the Public Safety
3137 Criminal Punishment Code. Victim injury points shall be scored
3138 under this subsection.
3139 (3) When a person is injured during the perpetration of or
3140 the attempt to perpetrate any felony enumerated in s. 782.04(3)
3141 by a person other than the person engaged in the perpetration of
3142 or the attempt to perpetrate such felony, the person
3143 perpetrating or attempting to perpetrate such felony commits a
3144 felony of the second degree, punishable as provided in s.
3145 775.082, s. 775.083, or s. 775.084, which is an offense ranked
3146 in level 7 of the Public Safety Criminal Punishment Code. Victim
3147 injury points shall be scored under this subsection.
3148 Section 35. Subsection (3) of section 784.07, Florida
3149 Statutes, is amended to read:
3150 784.07 Assault or battery of law enforcement officers,
3151 firefighters, emergency medical care providers, public transit
3152 employees or agents, or other specified officers;
3153 reclassification of offenses; minimum sentences.—
3154 (3) Any person who is convicted of a battery under
3155 paragraph (2)(b) and, during the commission of the offense, such
3156 person possessed:
3157 (a) A “firearm” or “destructive device” as those terms are
3158 defined in s. 790.001, shall be sentenced to a minimum term of
3159 imprisonment of 3 years.
3160 (b) A semiautomatic firearm and its high-capacity
3161 detachable box magazine, as defined in s. 775.087(3), or a
3162 machine gun as defined in s. 790.001, shall be sentenced to a
3163 minimum term of imprisonment of 8 years.
3164
3165 Notwithstanding s. 948.01, adjudication of guilt or imposition
3166 of sentence may shall not be suspended, deferred, or withheld,
3167 and the defendant is not eligible for statutory gain-time under
3168 s. 944.275 or any form of discretionary early release, other
3169 than pardon or executive clemency, or conditional medical
3170 release under s. 945.0911 s. 947.149, or conditional aging
3171 inmate release under s. 945.0912, before prior to serving the
3172 minimum sentence.
3173 Section 36. Subsection (1) of section 790.235, Florida
3174 Statutes, is amended to read:
3175 790.235 Possession of firearm or ammunition by violent
3176 career criminal unlawful; penalty.—
3177 (1) Any person who meets the violent career criminal
3178 criteria under s. 775.084(1)(d), regardless of whether such
3179 person is or has previously been sentenced as a violent career
3180 criminal, who owns or has in his or her care, custody,
3181 possession, or control any firearm, ammunition, or electric
3182 weapon or device, or carries a concealed weapon, including a
3183 tear gas gun or chemical weapon or device, commits a felony of
3184 the first degree, punishable as provided in s. 775.082, s.
3185 775.083, or s. 775.084. A person convicted of a violation of
3186 this section shall be sentenced to a mandatory minimum of 15
3187 years’ imprisonment; however, if the person would be sentenced
3188 to a longer term of imprisonment under s. 775.084(4)(d), the
3189 person must be sentenced under that provision. A person
3190 convicted of a violation of this section is not eligible for any
3191 form of discretionary early release, other than pardon,
3192 executive clemency, or conditional medical release under s.
3193 945.0911, or conditional aging inmate release under s. 945.0912
3194 s. 947.149.
3195 Section 37. Subsection (7) of section 794.0115, Florida
3196 Statutes, is amended to read:
3197 794.0115 Dangerous sexual felony offender; mandatory
3198 sentencing.—
3199 (7) A defendant sentenced to a mandatory minimum term of
3200 imprisonment under this section is not eligible for statutory
3201 gain-time under s. 944.275 or any form of discretionary early
3202 release, other than pardon or executive clemency, or conditional
3203 medical release under s. 945.0911 s. 947.149, before serving the
3204 minimum sentence.
3205 Section 38. Subsection (3) of section 817.568, Florida
3206 Statutes, is amended to read:
3207 817.568 Criminal use of personal identification
3208 information.—
3209 (3) Neither paragraph (2)(b) nor paragraph (2)(c) prevents
3210 a court from imposing a greater sentence of incarceration as
3211 authorized by law. If the minimum mandatory terms of
3212 imprisonment imposed under paragraph (2)(b) or paragraph (2)(c)
3213 exceed the maximum sentences authorized under s. 775.082, s.
3214 775.084, or the Public Safety Criminal Punishment Code under
3215 chapter 921, the mandatory minimum sentence must be imposed. If
3216 the mandatory minimum terms of imprisonment under paragraph
3217 (2)(b) or paragraph (2)(c) are less than the sentence that could
3218 be imposed under s. 775.082, s. 775.084, or the Public Safety
3219 Criminal Punishment Code under chapter 921, the sentence imposed
3220 by the court must include the mandatory minimum term of
3221 imprisonment as required by paragraph (2)(b) or paragraph
3222 (2)(c).
3223 Section 39. Paragraph (c) of subsection (3) of section
3224 893.03, Florida Statutes, is amended to read:
3225 893.03 Standards and schedules.—The substances enumerated
3226 in this section are controlled by this chapter. The controlled
3227 substances listed or to be listed in Schedules I, II, III, IV,
3228 and V are included by whatever official, common, usual,
3229 chemical, trade name, or class designated. The provisions of
3230 this section shall not be construed to include within any of the
3231 schedules contained in this section any excluded drugs listed
3232 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
3233 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
3234 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
3235 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
3236 Anabolic Steroid Products.”
3237 (3) SCHEDULE III.—A substance in Schedule III has a
3238 potential for abuse less than the substances contained in
3239 Schedules I and II and has a currently accepted medical use in
3240 treatment in the United States, and abuse of the substance may
3241 lead to moderate or low physical dependence or high
3242 psychological dependence or, in the case of anabolic steroids,
3243 may lead to physical damage. The following substances are
3244 controlled in Schedule III:
3245 (c) Unless specifically excepted or unless listed in
3246 another schedule, any material, compound, mixture, or
3247 preparation containing limited quantities of any of the
3248 following controlled substances or any salts thereof:
3249 1. Not more than 1.8 grams of codeine per 100 milliliters
3250 or not more than 90 milligrams per dosage unit, with an equal or
3251 greater quantity of an isoquinoline alkaloid of opium.
3252 2. Not more than 1.8 grams of codeine per 100 milliliters
3253 or not more than 90 milligrams per dosage unit, with recognized
3254 therapeutic amounts of one or more active ingredients which are
3255 not controlled substances.
3256 3. Not more than 300 milligrams of hydrocodone per 100
3257 milliliters or not more than 15 milligrams per dosage unit, with
3258 a fourfold or greater quantity of an isoquinoline alkaloid of
3259 opium.
3260 4. Not more than 300 milligrams of hydrocodone per 100
3261 milliliters or not more than 15 milligrams per dosage unit, with
3262 recognized therapeutic amounts of one or more active ingredients
3263 that are not controlled substances.
3264 5. Not more than 1.8 grams of dihydrocodeine per 100
3265 milliliters or not more than 90 milligrams per dosage unit, with
3266 recognized therapeutic amounts of one or more active ingredients
3267 which are not controlled substances.
3268 6. Not more than 300 milligrams of ethylmorphine per 100
3269 milliliters or not more than 15 milligrams per dosage unit, with
3270 one or more active, nonnarcotic ingredients in recognized
3271 therapeutic amounts.
3272 7. Not more than 50 milligrams of morphine per 100
3273 milliliters or per 100 grams, with recognized therapeutic
3274 amounts of one or more active ingredients which are not
3275 controlled substances.
3276
3277 For purposes of charging a person with a violation of s. 893.135
3278 involving any controlled substance described in subparagraph 3.
3279 or subparagraph 4., the controlled substance is a Schedule III
3280 controlled substance pursuant to this paragraph but the weight
3281 of the controlled substance per milliliters or per dosage unit
3282 is not relevant to the charging of a violation of s. 893.135.
3283 The weight of the controlled substance shall be determined
3284 pursuant to s. 893.135(7) s. 893.135(6).
3285 Section 40. Paragraph (d) of subsection (8) of section
3286 893.13, Florida Statutes, is amended to read:
3287 893.13 Prohibited acts; penalties.—
3288 (8)
3289 (d) Notwithstanding paragraph (c), if a prescribing
3290 practitioner has violated paragraph (a) and received $1,000 or
3291 more in payment for writing one or more prescriptions or, in the
3292 case of a prescription written for a controlled substance
3293 described in s. 893.135, has written one or more prescriptions
3294 for a quantity of a controlled substance which, individually or
3295 in the aggregate, meets the threshold for the offense of
3296 trafficking in a controlled substance under s. 893.135, the
3297 violation is reclassified as a felony of the second degree and
3298 ranked in level 4 of the Public Safety Criminal Punishment Code.
3299 Section 41. Subsection (2) of section 893.20, Florida
3300 Statutes, is amended to read:
3301 893.20 Continuing criminal enterprise.—
3302 (2) A person who commits the offense of engaging in a
3303 continuing criminal enterprise commits is guilty of a life
3304 felony, punishable pursuant to the Public Safety Criminal
3305 Punishment Code and by a fine of $500,000.
3306 Section 42. Paragraph (f) of subsection (5) of section
3307 910.035, Florida Statutes, is amended to read:
3308 910.035 Transfer from county for plea, sentence, or
3309 participation in a problem-solving court.—
3310 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
3311 (f) Upon successful completion of the problem-solving court
3312 program, the jurisdiction to which the case has been transferred
3313 shall dispose of the case. If the defendant does not complete
3314 the problem-solving court program successfully, the jurisdiction
3315 to which the case has been transferred shall dispose of the case
3316 within the guidelines of the Public Safety Criminal Punishment
3317 Code.
3318 Section 43. Section 921.0022, Florida Statutes, is amended
3319 to read:
3320 921.0022 Public Safety Criminal Punishment Code; offense
3321 severity ranking chart.—
3322 (1) The offense severity ranking chart must be used with
3323 the Public Safety Criminal Punishment Code worksheet to compute
3324 a sentence score for each felony offender whose offense was
3325 committed on or after October 1, 1998.
3326 (2) The offense severity ranking chart has 10 offense
3327 levels, ranked from least severe, which are level 1 offenses, to
3328 most severe, which are level 10 offenses, and each felony
3329 offense is assigned to a level according to the severity of the
3330 offense. For purposes of determining which felony offenses are
3331 specifically listed in the offense severity ranking chart and
3332 which severity level has been assigned to each of these
3333 offenses, the numerical statutory references in the left column
3334 of the chart and the felony degree designations in the middle
3335 column of the chart are controlling; the language in the right
3336 column of the chart is provided solely for descriptive purposes.
3337 Reclassification of the degree of the felony through the
3338 application of s. 775.0845, s. 775.085, s. 775.0861, s.
3339 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
3340 any other law that provides an enhanced penalty for a felony
3341 offense, to any offense listed in the offense severity ranking
3342 chart in this section shall not cause the offense to become
3343 unlisted and is not subject to the provisions of s. 921.0023.
3344 (3) OFFENSE SEVERITY RANKING CHART
3345 (a) LEVEL 1
3346
3347 FloridaStatute FelonyDegree Description
3348 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
3349 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
3350 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
3351 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
3352 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
3353 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
3354 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
3355 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
3356 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
3357 322.212(5)(a) 3rd False application for driver license or identification card.
3358 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
3359 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
3360 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
3361 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
3362 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
3363 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
3364 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
3365 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
3366 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
3367 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
3368 826.01 3rd Bigamy.
3369 828.122(3) 3rd Fighting or baiting animals.
3370 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
3371 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
3372 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
3373 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
3374 838.15(2) 3rd Commercial bribe receiving.
3375 838.16 3rd Commercial bribery.
3376 843.18 3rd Fleeing by boat to elude a law enforcement officer.
3377 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
3378 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
3379 849.23 3rd Gambling-related machines; “common offender” as to property rights.
3380 849.25(2) 3rd Engaging in bookmaking.
3381 860.08 3rd Interfere with a railroad signal.
3382 860.13(1)(a) 3rd Operate aircraft while under the influence.
3383 893.13(2)(a)2. 3rd Purchase of cannabis.
3384 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
3385 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
3386
3387
3388 (b) LEVEL 2
3389
3390 FloridaStatute FelonyDegree Description
3391 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
3392 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
3393 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
3394 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
3395 590.28(1) 3rd Intentional burning of lands.
3396 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
3397 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
3398 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
3399 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
3400 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
3401 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
3402 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
3403 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
3404 817.234(1)(a)2. 3rd False statement in support of insurance claim.
3405 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
3406 817.52(3) 3rd Failure to redeliver hired vehicle.
3407 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
3408 817.60(5) 3rd Dealing in credit cards of another.
3409 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
3410 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
3411 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
3412 831.01 3rd Forgery.
3413 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
3414 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
3415 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
3416 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
3417 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
3418 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
3419 843.08 3rd False personation.
3420 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
3421 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
3422
3423
3424 (c) LEVEL 3
3425
3426 FloridaStatute FelonyDegree Description
3427 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
3428 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
3429 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
3430 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
3431 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
3432 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
3433 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
3434 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
3435 327.35(2)(b) 3rd Felony BUI.
3436 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
3437 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
3438 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
3439 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
3440 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
3441 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
3442 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
3443 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
3444 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
3445 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
3446 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
3447 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
3448 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
3449 697.08 3rd Equity skimming.
3450 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
3451 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
3452 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
3453 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
3454 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
3455 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
3456 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
3457 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
3458 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
3459 817.233 3rd Burning to defraud insurer.
3460 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
3461 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
3462 817.236 3rd Filing a false motor vehicle insurance application.
3463 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
3464 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
3465 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
3466 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
3467 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
3468 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
3469 860.15(3) 3rd Overcharging for repairs and parts.
3470 870.01(2) 3rd Riot; inciting or encouraging.
3471 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
3472 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
3473 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
3474 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
3475 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
3476 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
3477 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
3478 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
3479 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
3480 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
3481 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
3482 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
3483 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
3484 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
3485 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
3486 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
3487 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
3488
3489
3490 (d) LEVEL 4
3491
3492 FloridaStatute FelonyDegree Description
3493 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
3494 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
3495 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
3496 517.07(1) 3rd Failure to register securities.
3497 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
3498 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
3499 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
3500 784.075 3rd Battery on detention or commitment facility staff.
3501 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
3502 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
3503 784.081(3) 3rd Battery on specified official or employee.
3504 784.082(3) 3rd Battery by detained person on visitor or other detainee.
3505 784.083(3) 3rd Battery on code inspector.
3506 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
3507 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
3508 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
3509 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
3510 787.07 3rd Human smuggling.
3511 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
3512 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
3513 790.115(2)(c) 3rd Possessing firearm on school property.
3514 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
3515 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
3516 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
3517 810.06 3rd Burglary; possession of tools.
3518 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
3519 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
3520 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
3521 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
3522 817.505(4)(a) 3rd Patient brokering.
3523 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
3524 817.568(2)(a) 3rd Fraudulent use of personal identification information.
3525 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
3526 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
3527 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
3528 837.02(1) 3rd Perjury in official proceedings.
3529 837.021(1) 3rd Make contradictory statements in official proceedings.
3530 838.022 3rd Official misconduct.
3531 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
3532 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
3533 843.021 3rd Possession of a concealed handcuff key by a person in custody.
3534 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
3535 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
3536 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
3537 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
3538 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
3539 914.14(2) 3rd Witnesses accepting bribes.
3540 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
3541 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
3542 918.12 3rd Tampering with jurors.
3543 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
3544 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
3545 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
3546
3547
3548 (e) LEVEL 5
3549
3550 FloridaStatute FelonyDegree Description
3551 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
3552 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
3553 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
3554 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
3555 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
3556 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
3557 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
3558 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
3559 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
3560 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
3561 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
3562 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
3563 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
3564 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
3565 790.01(2) 3rd Carrying a concealed firearm.
3566 790.162 2nd Threat to throw or discharge destructive device.
3567 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
3568 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
3569 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
3570 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
3571 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
3572 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
3573 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
3574 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
3575 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
3576 812.019(1) 2nd Stolen property; dealing in or trafficking in.
3577 812.131(2)(b) 3rd Robbery by sudden snatching.
3578 812.16(2) 3rd Owning, operating, or conducting a chop shop.
3579 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
3580 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
3581 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
3582 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
3583 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
3584 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
3585 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
3586 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
3587 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
3588 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
3589 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
3590 843.01 3rd Resist officer with violence to person; resist arrest with violence.
3591 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
3592 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
3593 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
3594 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
3595 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
3596 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
3597 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
3598 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
3599 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
3600 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
3601 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
3602 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
3603
3604
3605 (f) LEVEL 6
3606
3607 FloridaStatute FelonyDegree Description
3608 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
3609 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
3610 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
3611 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
3612 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
3613 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
3614 775.0875(1) 3rd Taking firearm from law enforcement officer.
3615 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
3616 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
3617 784.041 3rd Felony battery; domestic battery by strangulation.
3618 784.048(3) 3rd Aggravated stalking; credible threat.
3619 784.048(5) 3rd Aggravated stalking of person under 16.
3620 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
3621 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
3622 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
3623 784.081(2) 2nd Aggravated assault on specified official or employee.
3624 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
3625 784.083(2) 2nd Aggravated assault on code inspector.
3626 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
3627 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
3628 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
3629 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
3630 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
3631 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
3632 794.05(1) 2nd Unlawful sexual activity with specified minor.
3633 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
3634 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
3635 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
3636 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
3637 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
3638 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
3639 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
3640 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
3641 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
3642 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
3643 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
3644 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
3645 825.102(1) 3rd Abuse of an elderly person or disabled adult.
3646 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
3647 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
3648 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
3649 827.03(2)(c) 3rd Abuse of a child.
3650 827.03(2)(d) 3rd Neglect of a child.
3651 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
3652 836.05 2nd Threats; extortion.
3653 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
3654 843.12 3rd Aids or assists person to escape.
3655 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
3656 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
3657 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
3658 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
3659 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
3660 944.40 2nd Escapes.
3661 944.46 3rd Harboring, concealing, aiding escaped prisoners.
3662 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
3663 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
3664
3665
3666 (g) LEVEL 7
3667
3668 FloridaStatute FelonyDegree Description
3669 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
3670 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
3671 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
3672 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
3673 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
3674 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
3675 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
3676 456.065(2) 3rd Practicing a health care profession without a license.
3677 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
3678 458.327(1) 3rd Practicing medicine without a license.
3679 459.013(1) 3rd Practicing osteopathic medicine without a license.
3680 460.411(1) 3rd Practicing chiropractic medicine without a license.
3681 461.012(1) 3rd Practicing podiatric medicine without a license.
3682 462.17 3rd Practicing naturopathy without a license.
3683 463.015(1) 3rd Practicing optometry without a license.
3684 464.016(1) 3rd Practicing nursing without a license.
3685 465.015(2) 3rd Practicing pharmacy without a license.
3686 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
3687 467.201 3rd Practicing midwifery without a license.
3688 468.366 3rd Delivering respiratory care services without a license.
3689 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
3690 483.901(7) 3rd Practicing medical physics without a license.
3691 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
3692 484.053 3rd Dispensing hearing aids without a license.
3693 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
3694 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
3695 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
3696 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
3697 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
3698 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
3699 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
3700 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
3701 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
3702 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
3703 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
3704 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
3705 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
3706 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
3707 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
3708 784.048(7) 3rd Aggravated stalking; violation of court order.
3709 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
3710 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
3711 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
3712 784.081(1) 1st Aggravated battery on specified official or employee.
3713 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
3714 784.083(1) 1st Aggravated battery on code inspector.
3715 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
3716 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
3717 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
3718 790.16(1) 1st Discharge of a machine gun under specified circumstances.
3719 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
3720 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
3721 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
3722 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
3723 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
3724 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
3725 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
3726 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
3727 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
3728 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
3729 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
3730 806.01(2) 2nd Maliciously damage structure by fire or explosive.
3731 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
3732 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
3733 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
3734 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
3735 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
3736 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
3737 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
3738 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
3739 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
3740 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
3741 812.131(2)(a) 2nd Robbery by sudden snatching.
3742 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
3743 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
3744 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
3745 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
3746 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
3747 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
3748 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
3749 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
3750 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
3751 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
3752 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
3753 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
3754 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
3755 838.015 2nd Bribery.
3756 838.016 2nd Unlawful compensation or reward for official behavior.
3757 838.021(3)(a) 2nd Unlawful harm to a public servant.
3758 838.22 2nd Bid tampering.
3759 843.0855(2) 3rd Impersonation of a public officer or employee.
3760 843.0855(3) 3rd Unlawful simulation of legal process.
3761 843.0855(4) 3rd Intimidation of a public officer or employee.
3762 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
3763 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
3764 872.06 2nd Abuse of a dead human body.
3765 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
3766 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
3767 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
3768 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
3769 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
3770 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
3771 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
3772 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
3773 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
3774 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
3775 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
3776 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
3777 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
3778 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
3779 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
3780 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
3781 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
3782 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
3783 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
3784 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
3785 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
3786 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
3787 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
3788 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
3789 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
3790 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
3791 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
3792 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
3793 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
3794 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3795 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
3796 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
3797 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
3798 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3799 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
3800 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
3801 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3802 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
3803
3804
3805 (h) LEVEL 8
3806
3807 FloridaStatute FelonyDegree Description
3808 316.193 (3)(c)3.a. 2nd DUI manslaughter.
3809 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
3810 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
3811 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
3812 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
3813 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
3814 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
3815 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
3816 777.03(2)(a) 1st Accessory after the fact, capital felony.
3817 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
3818 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
3819 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
3820 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
3821 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
3822 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
3823 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
3824 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
3825 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
3826 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
3827 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
3828 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
3829 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
3830 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
3831 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
3832 800.04(4)(b) 2nd Lewd or lascivious battery.
3833 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
3834 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
3835 810.02(2)(a) 1st,PBL Burglary with assault or battery.
3836 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
3837 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
3838 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
3839 812.13(2)(b) 1st Robbery with a weapon.
3840 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
3841 817.505(4)(c) 1st Patient brokering; 20 or more patients.
3842 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
3843 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
3844 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
3845 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
3846 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
3847 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
3848 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
3849 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
3850 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
3851 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
3852 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
3853 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
3854 860.16 1st Aircraft piracy.
3855 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
3856 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
3857 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
3858 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
3859 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
3860 893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
3861 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
3862 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
3863 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
3864 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
3865 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
3866 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
3867 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
3868 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
3869 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
3870 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
3871 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
3872 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
3873 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
3874 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
3875 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
3876 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
3877 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
3878 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
3879
3880
3881 (i) LEVEL 9
3882
3883 FloridaStatute FelonyDegree Description
3884 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
3885 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
3886 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
3887 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
3888 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
3889 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
3890 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
3891 775.0844 1st Aggravated white collar crime.
3892 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
3893 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
3894 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
3895 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
3896 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
3897 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
3898 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
3899 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
3900 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
3901 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
3902 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
3903 790.161 1st Attempted capital destructive device offense.
3904 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
3905 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
3906 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
3907 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
3908 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
3909 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
3910 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
3911 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
3912 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
3913 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
3914 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
3915 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
3916 812.135(2)(b) 1st Home-invasion robbery with weapon.
3917 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
3918 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
3919 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
3920 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
3921 827.03(2)(a) 1st Aggravated child abuse.
3922 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
3923 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
3924 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
3925 893.135 1st Attempted capital trafficking offense.
3926 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
3927 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
3928 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
3929 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
3930 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
3931 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
3932 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
3933 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
3934 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
3935 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
3936 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
3937 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
3938 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
3939 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
3940 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
3941 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
3942
3943
3944 (j) LEVEL 10
3945
3946 FloridaStatute FelonyDegree Description
3947 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
3948 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
3949 782.07(3) 1st Aggravated manslaughter of a child.
3950 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
3951 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
3952 787.06(3)(g) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
3953 787.06(4)(a) Life Selling or buying of minors into human trafficking.
3954 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
3955 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
3956 876.32 1st Treason against the state.
3957
3958
3959 Section 44. Section 921.0023, Florida Statutes, is amended
3960 to read:
3961 921.0023 Public Safety Criminal Punishment Code; ranking
3962 unlisted felony offenses.—A felony offense committed on or after
3963 October 1, 1998, that is not listed in s. 921.0022 is ranked
3964 with respect to offense severity level by the Legislature,
3965 commensurate with the harm or potential harm that is caused by
3966 the offense to the community. Until the Legislature specifically
3967 assigns an offense to a severity level in the offense severity
3968 ranking chart, the severity level is within the following
3969 parameters:
3970 (1) A felony of the third degree within offense level 1.
3971 (2) A felony of the second degree within offense level 4.
3972 (3) A felony of the first degree within offense level 7.
3973 (4) A felony of the first degree punishable by life within
3974 offense level 9.
3975 (5) A life felony within offense level 10.
3976 Section 45. Section 921.0024, Florida Statutes, is amended
3977 to read:
3978 921.0024 Public Safety Criminal Punishment Code; worksheet
3979 computations; scoresheets.—
3980 (1)(a) The Public Safety Criminal Punishment Code worksheet
3981 is used to compute the subtotal and total sentence points as
3982 follows:
3983
3984 FLORIDA PUBLIC SAFETY CRIMINAL PUNISHMENT CODE
3985 WORKSHEET
3986
3987 OFFENSE SCORE
3988
3989 Primary Offense
3990 Level Sentence Points Total
3991 10 116 = ........
3992 9 92 = ........
3993 8 74 = ........
3994 7 56 = ........
3995 6 36 = ........
3996 5 28 = ........
3997 4 22 = ........
3998 3 16 = ........
3999 2 10 = ........
4000 1 4 = ........
4001
4002 Total
4003
4004
4005
4006 Additional Offenses
4007 Level Sentence Points Counts Total
4008 10 58 x .... = ....
4009 9 46 x .... = ....
4010 8 37 x .... = ....
4011 7 28 x .... = ....
4012 6 18 x .... = ....
4013 5 5.4 x .... = ....
4014 4 3.6 x .... = ....
4015 3 2.4 x .... = ....
4016 2 1.2 x .... = ....
4017 1 0.7 x .... = ....
4018 M 0.2 x .... = ....
4019
4020 Total
4021
4022
4023
4024 Victim Injury
4025 Level Sentence Points Number Total
4026 2nd degreemurder-death 240 x .... = ....
4027 Death 120 x .... = ....
4028 Severe 40 x .... = ....
4029 Moderate 18 x .... = ....
4030 Slight 4 x .... = ....
4031 Sexual penetration 80 x .... = ....
4032 Sexual contact 40 x .... = ....
4033
4034 Total
4035
4036
4037 Primary Offense + Additional Offenses + Victim Injury =
4038 TOTAL OFFENSE SCORE
4039
4040 PRIOR RECORD SCORE
4041
4042 Prior Record
4043 Level Sentence Points Number Total
4044 10 29 x .... = ....
4045 9 23 x .... = ....
4046 8 19 x .... = ....
4047 7 14 x .... = ....
4048 6 9 x .... = ....
4049 5 3.6 x .... = ....
4050 4 2.4 x .... = ....
4051 3 1.6 x .... = ....
4052 2 0.8 x .... = ....
4053 1 0.5 x .... = ....
4054 M 0.2 x .... = ....
4055
4056 Total
4057
4058
4059 TOTAL OFFENSE SCORE...........................................
4060 TOTAL PRIOR RECORD SCORE......................................
4061
4062 LEGAL STATUS..................................................
4063 COMMUNITY SANCTION VIOLATION..................................
4064 PRIOR SERIOUS FELONY..........................................
4065 PRIOR CAPITAL FELONY..........................................
4066 FIREARM OR SEMIAUTOMATIC WEAPON...............................
4067 SUBTOTAL........
4068
4069 PRISON RELEASEE REOFFENDER (no)(yes)..........................
4070 VIOLENT CAREER CRIMINAL (no)(yes).............................
4071 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
4072 HABITUAL OFFENDER (no)(yes)...................................
4073 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
4074 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
4075 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
4076 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
4077 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
4078 (x multiplier)..................................................
4079 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
4080 ................................................................
4081 TOTAL SENTENCE POINTS........
4082
4083 (b) WORKSHEET KEY:
4084
4085 Legal status points are assessed when any form of legal status
4086 existed at the time the offender committed an offense before the
4087 court for sentencing. Four (4) sentence points are assessed for
4088 an offender’s legal status.
4089
4090 Community sanction violation points are assessed when a
4091 community sanction violation is before the court for sentencing.
4092 Six (6) sentence points are assessed for each community sanction
4093 violation and each successive community sanction violation,
4094 unless any of the following apply:
4095 1. If the community sanction violation includes a new
4096 felony conviction before the sentencing court, twelve (12)
4097 community sanction violation points are assessed for the
4098 violation, and for each successive community sanction violation
4099 involving a new felony conviction.
4100 2. If the community sanction violation is committed by a
4101 violent felony offender of special concern as defined in s.
4102 948.06:
4103 a. Twelve (12) community sanction violation points are
4104 assessed for the violation and for each successive violation of
4105 felony probation or community control where:
4106 I. The violation does not include a new felony conviction;
4107 and
4108 II. The community sanction violation is not based solely on
4109 the probationer or offender’s failure to pay costs or fines or
4110 make restitution payments.
4111 b. Twenty-four (24) community sanction violation points are
4112 assessed for the violation and for each successive violation of
4113 felony probation or community control where the violation
4114 includes a new felony conviction.
4115
4116 Multiple counts of community sanction violations before the
4117 sentencing court may shall not be used as a basis for
4118 multiplying the assessment of community sanction violation
4119 points.
4120
4121 Prior serious felony points: If the offender has a primary
4122 offense or any additional offense ranked in level 8, level 9, or
4123 level 10, and one or more prior serious felonies, a single
4124 assessment of thirty (30) points shall be added. For purposes of
4125 this section, a prior serious felony is an offense in the
4126 offender’s prior record that is ranked in level 8, level 9, or
4127 level 10 under s. 921.0022 or s. 921.0023 and for which the
4128 offender is serving a sentence of confinement, supervision, or
4129 other sanction or for which the offender’s date of release from
4130 confinement, supervision, or other sanction, whichever is later,
4131 is within 3 years before the date the primary offense or any
4132 additional offense was committed.
4133
4134 Prior capital felony points: If the offender has one or more
4135 prior capital felonies in the offender’s criminal record, points
4136 shall be added to the subtotal sentence points of the offender
4137 equal to twice the number of points the offender receives for
4138 the primary offense and any additional offense. A prior capital
4139 felony in the offender’s criminal record is a previous capital
4140 felony offense for which the offender has entered a plea of nolo
4141 contendere or guilty or has been found guilty; or a felony in
4142 another jurisdiction which is a capital felony in that
4143 jurisdiction, or would be a capital felony if the offense were
4144 committed in this state.
4145
4146 Possession of a firearm, semiautomatic firearm, or machine gun:
4147 If the offender is convicted of committing or attempting to
4148 commit any felony other than those enumerated in s. 775.087(2)
4149 while having in his or her possession: a firearm as defined in
4150 s. 790.001(6), an additional eighteen (18) sentence points are
4151 assessed; or if the offender is convicted of committing or
4152 attempting to commit any felony other than those enumerated in
4153 s. 775.087(3) while having in his or her possession a
4154 semiautomatic firearm as defined in s. 775.087(3) or a machine
4155 gun as defined in s. 790.001(9), an additional twenty-five (25)
4156 sentence points are assessed.
4157
4158 Sentencing multipliers:
4159
4160 Drug trafficking: If the primary offense is drug trafficking
4161 under s. 893.135, the subtotal sentence points are multiplied,
4162 at the discretion of the court, for a level 7 or level 8
4163 offense, by 1.5. The state attorney may move the sentencing
4164 court to reduce or suspend the sentence of a person convicted of
4165 a level 7 or level 8 offense, if the offender provides
4166 substantial assistance as described in s. 893.135(4).
4167
4168 Law enforcement protection: If the primary offense is a
4169 violation of the Law Enforcement Protection Act under s.
4170 775.0823(2), (3), or (4), the subtotal sentence points are
4171 multiplied by 2.5. If the primary offense is a violation of s.
4172 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
4173 are multiplied by 2.0. If the primary offense is a violation of
4174 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
4175 Protection Act under s. 775.0823(10) or (11), the subtotal
4176 sentence points are multiplied by 1.5.
4177
4178 Grand theft of a motor vehicle: If the primary offense is grand
4179 theft of the third degree involving a motor vehicle and in the
4180 offender’s prior record, there are three or more grand thefts of
4181 the third degree involving a motor vehicle, the subtotal
4182 sentence points are multiplied by 1.5.
4183
4184 Offense related to a criminal gang: If the offender is convicted
4185 of the primary offense and committed that offense for the
4186 purpose of benefiting, promoting, or furthering the interests of
4187 a criminal gang as defined in s. 874.03, the subtotal sentence
4188 points are multiplied by 1.5. If applying the multiplier results
4189 in the lowest permissible sentence exceeding the statutory
4190 maximum sentence for the primary offense under chapter 775, the
4191 court may not apply the multiplier and must sentence the
4192 defendant to the statutory maximum sentence.
4193
4194 Domestic violence in the presence of a child: If the offender is
4195 convicted of the primary offense and the primary offense is a
4196 crime of domestic violence, as defined in s. 741.28, which was
4197 committed in the presence of a child under 16 years of age who
4198 is a family or household member as defined in s. 741.28(3) with
4199 the victim or perpetrator, the subtotal sentence points are
4200 multiplied by 1.5.
4201
4202 Adult-on-minor sex offense: If the offender was 18 years of age
4203 or older and the victim was younger than 18 years of age at the
4204 time the offender committed the primary offense, and if the
4205 primary offense was an offense committed on or after October 1,
4206 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
4207 violation involved a victim who was a minor and, in the course
4208 of committing that violation, the defendant committed a sexual
4209 battery under chapter 794 or a lewd act under s. 800.04 or s.
4210 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
4211 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
4212 800.04; or s. 847.0135(5), the subtotal sentence points are
4213 multiplied by 2.0. If applying the multiplier results in the
4214 lowest permissible sentence exceeding the statutory maximum
4215 sentence for the primary offense under chapter 775, the court
4216 may not apply the multiplier and must sentence the defendant to
4217 the statutory maximum sentence.
4218 (2) The lowest permissible sentence is the minimum sentence
4219 that may be imposed by the trial court, absent a valid reason
4220 for departure. The lowest permissible sentence is any nonstate
4221 prison sanction in which the total sentence points equals or is
4222 less than 44 points, unless the court determines within its
4223 discretion that a prison sentence, which may be up to the
4224 statutory maximums for the offenses committed, is appropriate.
4225 When the total sentence points exceeds 44 points, the lowest
4226 permissible sentence in prison months shall be calculated by
4227 subtracting 28 points from the total sentence points and
4228 decreasing the remaining total by 25 percent. The total sentence
4229 points shall be calculated only as a means of determining the
4230 lowest permissible sentence. The permissible range for
4231 sentencing shall be the lowest permissible sentence up to and
4232 including the statutory maximum, as defined in s. 775.082, for
4233 the primary offense and any additional offenses before the court
4234 for sentencing. The sentencing court may impose such sentences
4235 concurrently or consecutively. However, any sentence to state
4236 prison must exceed 1 year. If the lowest permissible sentence
4237 under the code exceeds the statutory maximum sentence as
4238 provided in s. 775.082, the sentence required by the code must
4239 be imposed. If the total sentence points are greater than or
4240 equal to 363, the court may sentence the offender to life
4241 imprisonment. An offender sentenced to life imprisonment under
4242 this section is not eligible for any form of discretionary early
4243 release, except executive clemency, or conditional medical
4244 release under s. 945.0911, or conditional aging inmate release
4245 under s. 945.0912 s. 947.149.
4246 (3) A single digitized scoresheet shall be prepared for
4247 each defendant to determine the permissible range for the
4248 sentence that the court may impose, except that if the defendant
4249 is before the court for sentencing for more than one felony and
4250 the felonies were committed under more than one version or
4251 revision of the guidelines or the code, separate digitized
4252 scoresheets must be prepared. The scoresheet or scoresheets must
4253 cover all the defendant’s offenses pending before the court for
4254 sentencing. The state attorney shall prepare the digitized
4255 scoresheet or scoresheets, which must be presented to the
4256 defense counsel for review for accuracy in all cases unless the
4257 judge directs otherwise. The defendant’s scoresheet or
4258 scoresheets must be approved and signed by the sentencing judge.
4259 (4) The Department of Corrections, in consultation with the
4260 Office of the State Courts Administrator, state attorneys, and
4261 public defenders, must develop and submit the revised digitized
4262 Public Safety Criminal Punishment Code scoresheet to the Supreme
4263 Court for approval by June 15 of each year, as necessary. The
4264 digitized scoresheet shall have individual, structured data
4265 cells for each data field on the scoresheet. Upon the Supreme
4266 Court’s approval of the revised digitized scoresheet, the
4267 Department of Corrections shall produce and provide the revised
4268 digitized scoresheets by September 30 of each year, as
4269 necessary. Digitized scoresheets must include individual data
4270 cells to indicate whether any prison sentence imposed includes a
4271 mandatory minimum sentence or the sentence imposed was a
4272 downward departure from the lowest permissible sentence under
4273 the Public Safety Criminal Punishment Code.
4274 (5) The Department of Corrections shall make available the
4275 digitized Public Safety Criminal Punishment Code scoresheets to
4276 those persons charged with the responsibility for preparing
4277 scoresheets.
4278 (6) The clerk of the circuit court shall transmit a
4279 complete and accurate digitized copy of the Public Safety
4280 Criminal Punishment Code scoresheet used in each sentencing
4281 proceeding to the Department of Corrections. Scoresheets must be
4282 electronically transmitted no less frequently than monthly, by
4283 the first of each month, and may be sent collectively.
4284 (7) A digitized sentencing scoresheet must be prepared for
4285 every defendant who is sentenced for a felony offense. The
4286 individual offender’s digitized Public Safety Criminal
4287 Punishment Code scoresheet and any attachments thereto prepared
4288 pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules
4289 of Criminal Procedure, or any other rule pertaining to the
4290 preparation and submission of felony sentencing scoresheets,
4291 must be included with the uniform judgment and sentence form
4292 provided to the Department of Corrections.
4293 Section 46. Section 921.0025, Florida Statutes, is amended
4294 to read:
4295 921.0025 Adoption and implementation of revised sentencing
4296 scoresheets.—Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules
4297 of Criminal Procedure, as revised by the Supreme Court, and any
4298 other rule pertaining to the preparation and submission of
4299 felony sentencing scoresheets, are adopted and implemented in
4300 accordance with this chapter for application to the Public
4301 Safety Criminal Punishment Code.
4302 Section 47. Paragraph (m) of subsection (2) of section
4303 921.0026, Florida Statutes, is amended to read:
4304 921.0026 Mitigating circumstances.—This section applies to
4305 any felony offense, except any capital felony, committed on or
4306 after October 1, 1998.
4307 (2) Mitigating circumstances under which a departure from
4308 the lowest permissible sentence is reasonably justified include,
4309 but are not limited to:
4310 (m) The defendant’s offense is a nonviolent felony, the
4311 defendant’s Public Safety Criminal Punishment Code scoresheet
4312 total sentence points under s. 921.0024 are 60 points or fewer,
4313 and the court determines that the defendant is amenable to the
4314 services of a postadjudicatory treatment-based drug court
4315 program and is otherwise qualified to participate in the program
4316 as part of the sentence. For purposes of this paragraph, the
4317 term “nonviolent felony” has the same meaning as provided in s.
4318 948.08(6).
4319 Section 48. Section 921.0027, Florida Statutes, is amended
4320 to read:
4321 921.0027 Public Safety Criminal Punishment Code and
4322 revisions; applicability.—The Florida Public Safety Criminal
4323 Punishment Code applies to all felonies, except capital
4324 felonies, committed on or after October 1, 1998. Any revision to
4325 the Public Safety Criminal Punishment Code applies to sentencing
4326 for all felonies, except capital felonies, committed on or after
4327 the effective date of the revision. Felonies, except capital
4328 felonies, with continuing dates of enterprise shall be sentenced
4329 under the Public Safety Criminal Punishment Code in effect on
4330 the beginning date of the criminal activity.
4331 Section 49. Subsection (1) of section 924.06, Florida
4332 Statutes, is amended to read:
4333 924.06 Appeal by defendant.—
4334 (1) A defendant may appeal from:
4335 (a) A final judgment of conviction when probation has not
4336 been granted under chapter 948, except as provided in subsection
4337 (3);
4338 (b) An order granting probation under chapter 948;
4339 (c) An order revoking probation under chapter 948;
4340 (d) A sentence, on the ground that it is illegal; or
4341 (e) A sentence imposed under s. 921.0024 of the Public
4342 Safety Criminal Punishment Code which exceeds the statutory
4343 maximum penalty provided in s. 775.082 for an offense at
4344 conviction, or the consecutive statutory maximums for offenses
4345 at conviction, unless otherwise provided by law.
4346 Section 50. Paragraph (i) of subsection (1) of section
4347 924.07, Florida Statutes, is amended to read:
4348 924.07 Appeal by state.—
4349 (1) The state may appeal from:
4350 (i) A sentence imposed below the lowest permissible
4351 sentence established by the Public Safety Criminal Punishment
4352 Code under chapter 921.
4353 Section 51. Paragraph (c) of subsection (3) and paragraph
4354 (e) of subsection (5) of section 944.17, Florida Statutes, are
4355 amended to read:
4356 944.17 Commitments and classification; transfers.—
4357 (3)
4358 (c)1. When the highest ranking offense for which the
4359 prisoner is convicted is a felony, the trial court shall
4360 sentence the prisoner pursuant to the Public Safety Criminal
4361 Punishment Code in chapter 921.
4362 2. When the highest ranking offense for which the prisoner
4363 is convicted is a misdemeanor, the trial court shall sentence
4364 the prisoner pursuant to s. 775.082(4).
4365 (5) The department shall also refuse to accept a person
4366 into the state correctional system unless the following
4367 documents are presented in a completed form by the sheriff or
4368 chief correctional officer, or a designated representative, to
4369 the officer in charge of the reception process. The department
4370 may, at its discretion, receive such documents electronically:
4371 (e) A copy of the Public Safety Criminal Punishment Code
4372 scoresheet and any attachments thereto prepared pursuant to Rule
4373 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
4374 Procedure, or any other rule pertaining to the preparation of
4375 felony sentencing scoresheets.
4376
4377 In addition, the sheriff or other officer having such person in
4378 charge shall also deliver with the foregoing documents any
4379 available presentence investigation reports as described in s.
4380 921.231 and any attached documents. After a prisoner is admitted
4381 into the state correctional system, the department may request
4382 such additional records relating to the prisoner as it considers
4383 necessary from the clerk of the court, the Department of
4384 Children and Families, or any other state or county agency for
4385 the purpose of determining the prisoner’s proper custody
4386 classification, gain-time eligibility, or eligibility for early
4387 release programs. An agency that receives such a request from
4388 the department must provide the information requested. The
4389 department may, at its discretion, receive such information
4390 electronically.
4391 Section 52. Paragraph (b) of subsection (7) of section
4392 944.605, Florida Statutes, is amended to read:
4393 944.605 Inmate release; notification; identification card.—
4394 (7)
4395 (b) Paragraph (a) does not apply to inmates who:
4396 1. The department determines have a valid driver license or
4397 state identification card, except that the department shall
4398 provide these inmates with a replacement state identification
4399 card or replacement driver license, if necessary.
4400 2. Have an active detainer, unless the department
4401 determines that cancellation of the detainer is likely or that
4402 the incarceration for which the detainer was issued will be less
4403 than 12 months in duration.
4404 3. Are released due to an emergency release, or a
4405 conditional medical release under s. 945.0911, or conditional
4406 aging inmate release under s. 945.0912 s. 947.149.
4407 4. Are not in the physical custody of the department at or
4408 within 180 days before release.
4409 5. Are subject to sex offender residency restrictions, and
4410 who, upon release under such restrictions, do not have a
4411 qualifying address.
4412 Section 53. Paragraph (b) of subsection (1) of section
4413 944.70, Florida Statutes, is amended to read:
4414 944.70 Conditions for release from incarceration.—
4415 (1)
4416 (b) A person who is convicted of a crime committed on or
4417 after January 1, 1994, may be released from incarceration only:
4418 1. Upon expiration of the person’s sentence;
4419 2. Upon expiration of the person’s sentence as reduced by
4420 accumulated meritorious or incentive gain-time;
4421 3. As directed by an executive order granting clemency;
4422 4. Upon placement in a conditional release program pursuant
4423 to s. 947.1405, or a conditional medical release program
4424 pursuant to s. 945.0911, or a conditional aging inmate release
4425 program pursuant to s. 945.0912 s. 947.149; or
4426 5. Upon the granting of control release, including
4427 emergency control release, pursuant to s. 947.146.
4428 Section 54. Paragraph (h) of subsection (1) of section
4429 947.13, Florida Statutes, is amended to read:
4430 947.13 Powers and duties of commission.—
4431 (1) The commission shall have the powers and perform the
4432 duties of:
4433 (h) Determining what persons will be released on
4434 conditional medical release under s. 947.149, establishing the
4435 conditions of conditional medical release, and determining
4436 whether a person has violated the conditions of conditional
4437 medical release and taking action with respect to such a
4438 violation.
4439 Section 55. Section 947.141, Florida Statutes, is amended
4440 to read:
4441 947.141 Violations of conditional release, control release,
4442 or conditional medical release or addiction-recovery
4443 supervision.—
4444 (1) If a member of the commission or a duly authorized
4445 representative of the commission has reasonable grounds to
4446 believe that an offender who is on release supervision under s.
4447 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
4448 the terms and conditions of the release in a material respect,
4449 such member or representative may cause a warrant to be issued
4450 for the arrest of the releasee; if the offender was found to be
4451 a sexual predator, the warrant must be issued.
4452 (2) Upon the arrest on a felony charge of an offender who
4453 is on release supervision under s. 947.1405, s. 947.146, s.
4454 947.149, or s. 944.4731, the offender must be detained without
4455 bond until the initial appearance of the offender at which a
4456 judicial determination of probable cause is made. If the trial
4457 court judge determines that there was no probable cause for the
4458 arrest, the offender may be released. If the trial court judge
4459 determines that there was probable cause for the arrest, such
4460 determination also constitutes reasonable grounds to believe
4461 that the offender violated the conditions of the release. Within
4462 24 hours after the trial court judge’s finding of probable
4463 cause, the detention facility administrator or designee shall
4464 notify the commission and the department of the finding and
4465 transmit to each a facsimile copy of the probable cause
4466 affidavit or the sworn offense report upon which the trial court
4467 judge’s probable cause determination is based. The offender must
4468 continue to be detained without bond for a period not exceeding
4469 72 hours excluding weekends and holidays after the date of the
4470 probable cause determination, pending a decision by the
4471 commission whether to issue a warrant charging the offender with
4472 violation of the conditions of release. Upon the issuance of the
4473 commission’s warrant, the offender must continue to be held in
4474 custody pending a revocation hearing held in accordance with
4475 this section.
4476 (3) Within 45 days after notice to the Florida Commission
4477 on Offender Review of the arrest of a releasee charged with a
4478 violation of the terms and conditions of conditional release,
4479 control release, conditional medical release, or addiction
4480 recovery supervision, the releasee must be afforded a hearing
4481 conducted by a commissioner or a duly authorized representative
4482 thereof. If the releasee elects to proceed with a hearing, the
4483 releasee must be informed orally and in writing of the
4484 following:
4485 (a) The alleged violation with which the releasee is
4486 charged.
4487 (b) The releasee’s right to be represented by counsel.
4488 (c) The releasee’s right to be heard in person.
4489 (d) The releasee’s right to secure, present, and compel the
4490 attendance of witnesses relevant to the proceeding.
4491 (e) The releasee’s right to produce documents on the
4492 releasee’s own behalf.
4493 (f) The releasee’s right of access to all evidence used
4494 against the releasee and to confront and cross-examine adverse
4495 witnesses.
4496 (g) The releasee’s right to waive the hearing.
4497 (4) Within a reasonable time following the hearing, the
4498 commissioner or the commissioner’s duly authorized
4499 representative who conducted the hearing shall make findings of
4500 fact in regard to the alleged violation. A panel of no fewer
4501 than two commissioners shall enter an order determining whether
4502 the charge of violation of conditional release, control release,
4503 conditional medical release, or addiction-recovery supervision
4504 has been sustained based upon the findings of fact presented by
4505 the hearing commissioner or authorized representative. By such
4506 order, the panel may revoke conditional release, control
4507 release, conditional medical release, or addiction-recovery
4508 supervision and thereby return the releasee to prison to serve
4509 the sentence imposed, reinstate the original order granting the
4510 release, or enter such other order as it considers proper.
4511 Effective for inmates whose offenses were committed on or after
4512 July 1, 1995, the panel may order the placement of a releasee,
4513 upon a finding of violation pursuant to this subsection, into a
4514 local detention facility as a condition of supervision.
4515 (5) Effective for inmates whose offenses were committed on
4516 or after July 1, 1995, notwithstanding the provisions of ss.
4517 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
4518 951.23, or any other law to the contrary, by such order as
4519 provided in subsection (4), the panel, upon a finding of guilt,
4520 may, as a condition of continued supervision, place the releasee
4521 in a local detention facility for a period of incarceration not
4522 to exceed 22 months. Prior to the expiration of the term of
4523 incarceration, or upon recommendation of the chief correctional
4524 officer of that county, the commission shall cause inquiry into
4525 the inmate’s release plan and custody status in the detention
4526 facility and consider whether to restore the inmate to
4527 supervision, modify the conditions of supervision, or enter an
4528 order of revocation, thereby causing the return of the inmate to
4529 prison to serve the sentence imposed. The provisions of this
4530 section do not prohibit the panel from entering such other order
4531 or conducting any investigation that it deems proper. The
4532 commission may only place a person in a local detention facility
4533 pursuant to this section if there is a contractual agreement
4534 between the chief correctional officer of that county and the
4535 Department of Corrections. The agreement must provide for a per
4536 diem reimbursement for each person placed under this section,
4537 which is payable by the Department of Corrections for the
4538 duration of the offender’s placement in the facility. This
4539 section does not limit the commission’s ability to place a
4540 person in a local detention facility for less than 1 year.
4541 (6) Whenever a conditional release, control release,
4542 conditional medical release, or addiction-recovery supervision
4543 is revoked by a panel of no fewer than two commissioners and the
4544 releasee is ordered to be returned to prison, the releasee, by
4545 reason of the misconduct, shall be deemed to have forfeited all
4546 gain-time or commutation of time for good conduct, as provided
4547 for by law, earned up to the date of release. However, if a
4548 conditional medical release is revoked due to the improved
4549 medical or physical condition of the releasee, the releasee
4550 shall not forfeit gain-time accrued before the date of
4551 conditional medical release. This subsection does not deprive
4552 the prisoner of the right to gain-time or commutation of time
4553 for good conduct, as provided by law, from the date of return to
4554 prison.
4555 (7) If a law enforcement officer has probable cause to
4556 believe that an offender who is on release supervision under s.
4557 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
4558 the terms and conditions of his or her release by committing a
4559 felony offense, the officer shall arrest the offender without a
4560 warrant, and a warrant need not be issued in the case.
4561 Section 56. Paragraph (a) of subsection (7) of section
4562 948.01, Florida Statutes, is amended to read:
4563 948.01 When court may place defendant on probation or into
4564 community control.—
4565 (7)(a) Notwithstanding s. 921.0024 and effective for
4566 offenses committed on or after July 1, 2009, the sentencing
4567 court may place the defendant into a postadjudicatory treatment
4568 based drug court program if the defendant’s Public Safety
4569 Criminal Punishment Code scoresheet total sentence points under
4570 s. 921.0024 are 60 points or fewer, the offense is a nonviolent
4571 felony, the defendant is amenable to substance abuse treatment,
4572 and the defendant otherwise qualifies under s. 397.334(3). The
4573 satisfactory completion of the program shall be a condition of
4574 the defendant’s probation or community control. As used in this
4575 subsection, the term “nonviolent felony” means a third degree
4576 felony violation under chapter 810 or any other felony offense
4577 that is not a forcible felony as defined in s. 776.08.
4578 Section 57. Section 948.015, Florida Statutes, is amended
4579 to read:
4580 948.015 Presentence investigation reports.—The circuit
4581 court, when the defendant in a criminal case has been found
4582 guilty or has entered a plea of nolo contendere or guilty and
4583 has a lowest permissible sentence under the Public Safety
4584 Criminal Punishment Code of any nonstate prison sanction, may
4585 refer the case to the department for investigation or
4586 recommendation. Upon such referral, the department shall make
4587 the following report in writing at a time specified by the court
4588 before prior to sentencing. The full report must shall include:
4589 (1) A complete description of the situation surrounding the
4590 criminal activity with which the offender has been charged,
4591 including a synopsis of the trial transcript, if one has been
4592 made; nature of the plea agreement, including the number of
4593 counts waived, the pleas agreed upon, the sentence agreed upon,
4594 and any additional terms of agreement; and, at the offender’s
4595 discretion, his or her version and explanation of the criminal
4596 activity.
4597 (2) The offender’s sentencing status, including whether the
4598 offender is a first offender, a habitual or violent offender, a
4599 youthful offender, or is currently on probation.
4600 (3) The offender’s prior record of arrests and convictions.
4601 (4) The offender’s educational background.
4602 (5) The offender’s employment background, including any
4603 military record, present employment status, and occupational
4604 capabilities.
4605 (6) The offender’s financial status, including total
4606 monthly income and estimated total debts.
4607 (7) The social history of the offender, including his or
4608 her family relationships, marital status, interests, and
4609 activities.
4610 (8) The residence history of the offender.
4611 (9) The offender’s medical history and, as appropriate, a
4612 psychological or psychiatric evaluation.
4613 (10) Information about the environments to which the
4614 offender might return or to which the offender could be sent
4615 should a sentence of nonincarceration or community supervision
4616 be imposed by the court, and consideration of the offender’s
4617 plan concerning employment supervision and treatment.
4618 (11) Information about any resources available to assist
4619 the offender, such as:
4620 (a) Treatment centers.
4621 (b) Residential facilities.
4622 (c) Career training programs.
4623 (d) Special education programs.
4624 (e) Services that may preclude or supplement commitment to
4625 the department.
4626 (12) The views of the person preparing the report as to the
4627 offender’s motivations and ambitions and an assessment of the
4628 offender’s explanations for his or her criminal activity.
4629 (13) An explanation of the offender’s criminal record, if
4630 any, including his or her version and explanation of any
4631 previous offenses.
4632 (14) A statement regarding the extent of any victim’s loss
4633 or injury.
4634 (15) A recommendation as to disposition by the court. The
4635 department shall make a written determination as to the reasons
4636 for its recommendation, and shall include an evaluation of the
4637 following factors:
4638 (a) The appropriateness or inappropriateness of community
4639 facilities, programs, or services for treatment or supervision
4640 for the offender.
4641 (b) The ability or inability of the department to provide
4642 an adequate level of supervision for the offender in the
4643 community and a statement of what constitutes an adequate level
4644 of supervision.
4645 (c) The existence of other treatment modalities which the
4646 offender could use but which do not exist at present in the
4647 community.
4648 Section 58. Paragraph (j) of subsection (2) of section
4649 948.06, Florida Statutes, is amended to read:
4650 948.06 Violation of probation or community control;
4651 revocation; modification; continuance; failure to pay
4652 restitution or cost of supervision.—
4653 (2)
4654 (j)1. Notwithstanding s. 921.0024 and effective for
4655 offenses committed on or after July 1, 2009, the court may order
4656 the defendant to successfully complete a postadjudicatory
4657 treatment-based drug court program if:
4658 a. The court finds or the offender admits that the offender
4659 has violated his or her community control or probation;
4660 b. The offender’s Public Safety Criminal Punishment Code
4661 scoresheet total sentence points under s. 921.0024 are 60 points
4662 or fewer after including points for the violation;
4663 c. The underlying offense is a nonviolent felony. As used
4664 in this subsection, the term “nonviolent felony” means a third
4665 degree felony violation under chapter 810 or any other felony
4666 offense that is not a forcible felony as defined in s. 776.08;
4667 d. The court determines that the offender is amenable to
4668 the services of a postadjudicatory treatment-based drug court
4669 program;
4670 e. The court has explained the purpose of the program to
4671 the offender and the offender has agreed to participate; and
4672 f. The offender is otherwise qualified to participate in
4673 the program under the provisions of s. 397.334(3).
4674 2. After the court orders the modification of community
4675 control or probation, the original sentencing court shall
4676 relinquish jurisdiction of the offender’s case to the
4677 postadjudicatory treatment-based drug court program until the
4678 offender is no longer active in the program, the case is
4679 returned to the sentencing court due to the offender’s
4680 termination from the program for failure to comply with the
4681 terms thereof, or the offender’s sentence is completed.
4682 Section 59. Subsection (1) of section 948.20, Florida
4683 Statutes, is amended to read:
4684 948.20 Drug offender probation.—
4685 (1) If it appears to the court upon a hearing that the
4686 defendant is a chronic substance abuser whose criminal conduct
4687 is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
4688 felony if such nonviolent felony is committed on or after July
4689 1, 2009, and notwithstanding s. 921.0024, the defendant’s Public
4690 Safety Criminal Punishment Code scoresheet total sentence points
4691 are 60 points or fewer, the court may either adjudge the
4692 defendant guilty or stay and withhold the adjudication of guilt.
4693 In either case, the court may also stay and withhold the
4694 imposition of sentence and place the defendant on drug offender
4695 probation or into a postadjudicatory treatment-based drug court
4696 program if the defendant otherwise qualifies. As used in this
4697 section, the term “nonviolent felony” means a third degree
4698 felony violation under chapter 810 or any other felony offense
4699 that is not a forcible felony as defined in s. 776.08.
4700 Section 60. Paragraph (c) of subsection (2) of section
4701 948.51, Florida Statutes, is amended to read:
4702 948.51 Community corrections assistance to counties or
4703 county consortiums.—
4704 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
4705 county, or a consortium of two or more counties, may contract
4706 with the Department of Corrections for community corrections
4707 funds as provided in this section. In order to enter into a
4708 community corrections partnership contract, a county or county
4709 consortium must have a public safety coordinating council
4710 established under s. 951.26 and must designate a county officer
4711 or agency to be responsible for administering community
4712 corrections funds received from the state. The public safety
4713 coordinating council shall prepare, develop, and implement a
4714 comprehensive public safety plan for the county, or the
4715 geographic area represented by the county consortium, and shall
4716 submit an annual report to the Department of Corrections
4717 concerning the status of the program. In preparing the
4718 comprehensive public safety plan, the public safety coordinating
4719 council shall cooperate with the juvenile justice circuit
4720 advisory board established under s. 985.664 in order to include
4721 programs and services for juveniles in the plan. To be eligible
4722 for community corrections funds under the contract, the initial
4723 public safety plan must be approved by the governing board of
4724 the county, or the governing board of each county within the
4725 consortium, and the Secretary of Corrections based on the
4726 requirements of this section. If one or more other counties
4727 develop a unified public safety plan, the public safety
4728 coordinating council shall submit a single application to the
4729 department for funding. Continued contract funding shall be
4730 pursuant to subsection (5). The plan for a county or county
4731 consortium must cover at least a 5-year period and must include:
4732 (c) Specific goals and objectives for reducing the
4733 projected percentage of commitments to the state prison system
4734 of persons with low total sentencing scores pursuant to the
4735 Public Safety Criminal Punishment Code.
4736 Section 61. Subsection (3) of section 958.04, Florida
4737 Statutes, is amended to read:
4738 958.04 Judicial disposition of youthful offenders.—
4739 (3) The provisions of This section may shall not be used to
4740 impose a greater sentence than the permissible sentence range as
4741 established by the Public Safety Criminal Punishment Code
4742 pursuant to chapter 921 unless reasons are explained in writing
4743 by the trial court judge which reasonably justify departure. A
4744 sentence imposed outside of the code is subject to appeal
4745 pursuant to s. 924.06 or s. 924.07.
4746 Section 62. Subsection (4) of section 985.465, Florida
4747 Statutes, is amended to read:
4748 985.465 Juvenile correctional facilities or juvenile
4749 prison.—A juvenile correctional facility or juvenile prison is a
4750 physically secure residential commitment program with a
4751 designated length of stay from 18 months to 36 months, primarily
4752 serving children 13 years of age to 19 years of age or until the
4753 jurisdiction of the court expires. Each child committed to this
4754 level must meet one of the following criteria:
4755 (4) The child is at least 13 years of age at the time of
4756 the disposition for the current offense, the child is eligible
4757 for prosecution as an adult for the current offense, and the
4758 current offense is ranked at level 7 or higher on the Public
4759 Safety Criminal Punishment Code offense severity ranking chart
4760 pursuant to s. 921.0022.
4761 Section 63. Except as otherwise expressly provided in this
4762 act, and except for this section, which shall take effect upon
4763 this act becoming a law, this act shall take effect October 1,
4764 2020.