Florida Senate - 2021                                     SB 568
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00614-21                                            2021568__
    1                        A bill to be entitled                      
    2         An act relating to the death penalty; amending s.
    3         775.082, F.S.; deleting provisions relating to the
    4         death penalty for capital felonies; deleting
    5         provisions relating to the effect of a declaration by
    6         a court of last resort that the death penalty in a
    7         capital felony is unconstitutional; amending ss. 27.51
    8         and 27.511, F.S.; deleting provisions relating to
    9         representation in death penalty cases; amending s.
   10         27.5304, F.S.; conforming provisions to changes made
   11         by the act; repealing ss. 27.7001, 27.7002, 27.701,
   12         27.702, 27.703, 27.704, 27.7045, 27.705, 27.706,
   13         27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and
   14         27.715, F.S., relating to capital collateral
   15         representation, constitutionally deficient
   16         representation, and postconviction capital collateral
   17         proceedings; amending ss. 23.21, 27.51, 27.511, 43.16,
   18         and 112.0455, F.S.; conforming provisions to changes
   19         made by the act; amending s. 119.071, F.S.; deleting a
   20         public records exemption relating to capital
   21         collateral proceedings; amending ss. 186.003, 215.89,
   22         215.985, 216.011, and 790.25, F.S.; conforming
   23         provisions to changes made by the act; amending ss.
   24         775.15 and 790.161, F.S.; deleting provisions relating
   25         to the effect of a declaration by a court of last
   26         resort that the death penalty in a capital felony is
   27         unconstitutional; repealing ss. 913.13, 921.137,
   28         921.141, and 921.142, F.S., relating to jurors in
   29         capital cases, prohibiting the imposition of the death
   30         sentence upon a defendant with an intellectual
   31         disability, determination of whether to impose a
   32         sentence of death or life imprisonment for a capital
   33         felony, determination of whether to impose a sentence
   34         of death or life imprisonment for a capital drug
   35         trafficking felony; amending ss. 394.912, 775.021,
   36         775.30, 782.04, 782.065, 794.011, 893.135, 944.275,
   37         and 948.012, F.S.; conforming provisions to changes
   38         made by the act; repealing ss. 922.052, 922.06,
   39         922.07, 922.08, 922.095, 922.10, 922.105, 922.108,
   40         922.11, 922.111, 922.12, 922.14, 922.15, 924.055,
   41         924.056, and 924.057, F.S., relating to issuance of
   42         warrant of execution, stay of execution of death
   43         sentence, proceedings when a person under sentence of
   44         death appears to be insane, proceedings when person
   45         under sentence of death appears to be pregnant,
   46         pursuit of collateral remedies, execution of death
   47         sentence, prohibition against reduction of death
   48         sentence as a result of determination that a method of
   49         execution is unconstitutional, sentencing orders in
   50         capital cases, regulation of execution, transfer to
   51         state prison for safekeeping before death warrant
   52         issued, return of warrant of execution issued by the
   53         Governor, sentence of death unexecuted for
   54         unjustifiable reasons, return of warrant of execution
   55         issued by the Supreme Court, legislative intent
   56         concerning appeals and postconviction proceedings in
   57         death penalty cases, commencement of capital
   58         postconviction actions for which sentence of death is
   59         imposed on or after a certain date, and limitation on
   60         postconviction cases in which the death sentence was
   61         imposed before a certain date; amending s. 925.11,
   62         F.S.; deleting provisions relating to preservation of
   63         DNA evidence in death penalty cases; amending s.
   64         945.10, F.S.; deleting a public records exemption for
   65         the identity of executioners; amending ss. 316.3026,
   66         373.409, 373.430, 376.302, 403.161, 448.09, 504.013,
   67         648.571, 775.261, 787.06, 794.0115, 800.04, 907.041,
   68         921.1401, 921.1402, 944.17, 944.608, 944.609, and
   69         944.705, F.S.; conforming cross-references; providing
   70         an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Paragraph (a) of subsection (1) and subsection
   75  (2) of section 775.082, Florida Statutes, are amended to read:
   76         775.082 Penalties; applicability of sentencing structures;
   77  mandatory minimum sentences for certain reoffenders previously
   78  released from prison.—
   79         (1)(a) Except as provided in paragraph (b), A person who
   80  has been convicted of a capital felony shall be punished by
   81  death if the proceeding held to determine sentence according to
   82  the procedure set forth in s. 921.141 results in a determination
   83  that such person shall be punished by death, otherwise such
   84  person shall be punished by life imprisonment and shall be
   85  ineligible for parole.
   86         (2)In the event the death penalty in a capital felony is
   87  held to be unconstitutional by the Florida Supreme Court or the
   88  United States Supreme Court, the court having jurisdiction over
   89  a person previously sentenced to death for a capital felony
   90  shall cause such person to be brought before the court, and the
   91  court shall sentence such person to life imprisonment as
   92  provided in subsection (1). No sentence of death shall be
   93  reduced as a result of a determination that a method of
   94  execution is held to be unconstitutional under the State
   95  Constitution or the Constitution of the United States.
   96         Section 2. Subsection (1) of section 27.51, Florida
   97  Statutes, is amended to read:
   98         27.51 Duties of public defender.—
   99         (1) The public defender shall represent, without additional
  100  compensation, any person determined to be indigent under s.
  101  27.52 and:
  102         (a) Under arrest for, or charged with, a felony;
  103         (b) Under arrest for, or charged with:
  104         1. A misdemeanor authorized for prosecution by the state
  105  attorney;
  106         2. A violation of chapter 316 punishable by imprisonment;
  107         3. Criminal contempt; or
  108         4. A violation of a special law or county or municipal
  109  ordinance ancillary to a state charge, or if not ancillary to a
  110  state charge, only if the public defender contracts with the
  111  county or municipality to provide representation pursuant to ss.
  112  27.54 and 125.69.
  113  
  114  The public defender shall not provide representation pursuant to
  115  this paragraph if the court, prior to trial, files in the cause
  116  an order of no imprisonment as provided in s. 27.512;
  117         (c) Alleged to be a delinquent child pursuant to a petition
  118  filed before a circuit court;
  119         (d) Sought by petition filed in such court to be
  120  involuntarily placed as a mentally ill person under part I of
  121  chapter 394, involuntarily committed as a sexually violent
  122  predator under part V of chapter 394, or involuntarily admitted
  123  to residential services as a person with developmental
  124  disabilities under chapter 393. A public defender shall not
  125  represent any plaintiff in a civil action brought under the
  126  Florida Rules of Civil Procedure, the Federal Rules of Civil
  127  Procedure, or the federal statutes, or represent a petitioner in
  128  a rule challenge under chapter 120, unless specifically
  129  authorized by statute; or
  130         (e)Convicted and sentenced to death, for purposes of
  131  handling an appeal to the Supreme Court; or
  132         (e)(f) Is appealing a matter in a case arising under
  133  paragraphs (a)-(d).
  134         Section 3. Subsections (5) and (8) of section 27.511,
  135  Florida Statutes, are amended to read:
  136         27.511 Offices of criminal conflict and civil regional
  137  counsel; legislative intent; qualifications; appointment;
  138  duties.—
  139         (5) When the Office of the Public Defender, at any time
  140  during the representation of two or more defendants, determines
  141  that the interests of those accused are so adverse or hostile
  142  that they cannot all be counseled by the public defender or his
  143  or her staff without a conflict of interest, or that none can be
  144  counseled by the public defender or his or her staff because of
  145  a conflict of interest, and the court grants the public
  146  defender’s motion to withdraw, the office of criminal conflict
  147  and civil regional counsel shall be appointed and shall provide
  148  legal services, without additional compensation, to any person
  149  determined to be indigent under s. 27.52, who is:
  150         (a) Under arrest for, or charged with, a felony;
  151         (b) Under arrest for, or charged with:
  152         1. A misdemeanor authorized for prosecution by the state
  153  attorney;
  154         2. A violation of chapter 316 punishable by imprisonment;
  155         3. Criminal contempt; or
  156         4. A violation of a special law or county or municipal
  157  ordinance ancillary to a state charge or, if not ancillary to a
  158  state charge, only if the office of criminal conflict and civil
  159  regional counsel contracts with the county or municipality to
  160  provide representation pursuant to ss. 27.54 and 125.69.
  161  
  162  The office of criminal conflict and civil regional counsel may
  163  not provide representation pursuant to this paragraph if the
  164  court, prior to trial, files in the cause an order of no
  165  imprisonment as provided in s. 27.512;
  166         (c) Alleged to be a delinquent child pursuant to a petition
  167  filed before a circuit court;
  168         (d) Sought by petition filed in such court to be
  169  involuntarily placed as a mentally ill person under part I of
  170  chapter 394, involuntarily committed as a sexually violent
  171  predator under part V of chapter 394, or involuntarily admitted
  172  to residential services as a person with developmental
  173  disabilities under chapter 393;
  174         (e)Convicted and sentenced to death, for purposes of
  175  handling an appeal to the Supreme Court;
  176         (e)(f) Appealing a matter in a case arising under
  177  paragraphs (a)-(d); or
  178         (f)(g) Seeking correction, reduction, or modification of a
  179  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
  180  or seeking postconviction relief under Rule 3.850, Florida Rules
  181  of Criminal Procedure, if, in either case, the court determines
  182  that appointment of counsel is necessary to protect a person’s
  183  due process rights.
  184         (8) The public defender for the judicial circuit specified
  185  in s. 27.51(4) shall, after the record on appeal is transmitted
  186  to the appellate court by the office of criminal conflict and
  187  civil regional counsel which handled the trial and if requested
  188  by the regional counsel for the indicated appellate district,
  189  handle all circuit court and county court appeals authorized
  190  pursuant to paragraph (5)(e) (5)(f) within the state courts
  191  system and any authorized appeals to the federal courts required
  192  of the official making the request. If the public defender
  193  certifies to the court that the public defender has a conflict
  194  consistent with the criteria prescribed in s. 27.5303 and moves
  195  to withdraw, the regional counsel shall handle the appeal,
  196  unless the regional counsel has a conflict, in which case the
  197  court shall appoint private counsel pursuant to s. 27.40.
  198         Section 4. Subsection (13) of section 27.5304, Florida
  199  Statutes, is amended to read:
  200         27.5304 Private court-appointed counsel; compensation;
  201  notice.—
  202         (13) Notwithstanding the limitation set forth in subsection
  203  (5) and for the 2020-2021 fiscal year only, the compensation for
  204  representation in a criminal proceeding may not exceed the
  205  following:
  206         (a) For misdemeanors and juveniles represented at the trial
  207  level: $1,000.
  208         (b) For noncapital, nonlife felonies represented at the
  209  trial level: $15,000.
  210         (c) For life felonies represented at the trial level:
  211  $15,000.
  212         (d)For capital cases represented at the trial level:
  213  $25,000. For purposes of this paragraph, a “capital case” is any
  214  offense for which the potential sentence is death and the state
  215  has not waived seeking the death penalty.
  216         (d)(e) For representation on appeal: $9,000.
  217         (e)(f) This subsection expires July 1, 2021.
  218         Section 5. Sections 27.7001, 27.7002, 27.701, 27.702,
  219  27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708,
  220  27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes,
  221  are repealed.
  222         Section 6. Subsection (1) of section 23.21, Florida
  223  Statutes, is amended to read:
  224         23.21 Definitions.—For purposes of this part:
  225         (1) “Department” means a principal administrative unit
  226  within the executive branch of state government as defined in
  227  chapter 20 and includes the State Board of Administration, the
  228  Executive Office of the Governor, the Fish and Wildlife
  229  Conservation Commission, the Florida Commission on Offender
  230  Review, the Agency for Health Care Administration, the State
  231  Board of Education, the Board of Governors of the State
  232  University System, the Justice Administrative Commission, the
  233  capital collateral regional counsel, and separate budget
  234  entities placed for administrative purposes within a department.
  235         Section 7. Subsection (5) of section 27.51, Florida
  236  Statutes, is amended to read:
  237         27.51 Duties of public defender.—
  238         (5)(a)When direct appellate proceedings prosecuted by a
  239  public defender on behalf of an accused and challenging a
  240  judgment of conviction and sentence of death terminate in an
  241  affirmance of such conviction and sentence, whether by the
  242  Florida Supreme Court or by the United States Supreme Court or
  243  by expiration of any deadline for filing such appeal in a state
  244  or federal court, the public defender shall notify the accused
  245  of his or her rights pursuant to Rule 3.851, Florida Rules of
  246  Criminal Procedure, including any time limits pertinent thereto,
  247  and shall advise such person that representation in any
  248  collateral proceedings is the responsibility of the capital
  249  collateral regional counsel. The public defender shall then
  250  forward all original files on the matter to the capital
  251  collateral regional counsel, retaining such copies for his or
  252  her files as may be desired.
  253         (b) It is the intent of the Legislature that any public
  254  defender representing an inmate in any collateral proceedings in
  255  any court on June 24, 1985, shall continue representation of
  256  that inmate in all postconviction proceedings unless relieved of
  257  responsibility from further representation by the court.
  258         Section 8. Subsection (9) of section 27.511, Florida
  259  Statutes, is amended to read:
  260         27.511 Offices of criminal conflict and civil regional
  261  counsel; legislative intent; qualifications; appointment;
  262  duties.—
  263         (9)When direct appellate proceedings prosecuted by the
  264  office of criminal conflict and civil regional counsel on behalf
  265  of an accused and challenging a judgment of conviction and
  266  sentence of death terminate in an affirmance of such conviction
  267  and sentence, whether by the Supreme Court or by the United
  268  States Supreme Court or by expiration of any deadline for filing
  269  such appeal in a state or federal court, the office of criminal
  270  conflict and civil regional counsel shall notify the accused of
  271  his or her rights pursuant to Rule 3.851, Florida Rules of
  272  Criminal Procedure, including any time limits pertinent thereto,
  273  and shall advise such person that representation in any
  274  collateral proceedings is the responsibility of the capital
  275  collateral regional counsel. The office of criminal conflict and
  276  civil regional counsel shall forward all original files on the
  277  matter to the capital collateral regional counsel, retaining
  278  such copies for his or her files as may be desired or required
  279  by law.
  280         Section 9. Paragraph (a) of subsection (5) and subsections
  281  (6) and (7) of section 43.16, Florida Statutes, are amended to
  282  read:
  283         43.16 Justice Administrative Commission; membership, powers
  284  and duties.—
  285         (5) The duties of the commission shall include, but not be
  286  limited to, the following:
  287         (a) The maintenance of a central state office for
  288  administrative services and assistance when possible to and on
  289  behalf of the state attorneys and public defenders of Florida,
  290  the capital collateral regional counsel of Florida, the criminal
  291  conflict and civil regional counsel, and the Guardian Ad Litem
  292  Program.
  293         (6) The commission, each state attorney, each public
  294  defender, the criminal conflict and civil regional counsel, the
  295  capital collateral regional counsel, and the Guardian Ad Litem
  296  Program shall establish and maintain internal controls designed
  297  to:
  298         (a) Prevent and detect fraud, waste, and abuse as defined
  299  in s. 11.45(1).
  300         (b) Promote and encourage compliance with applicable laws,
  301  rules, contracts, grant agreements, and best practices.
  302         (c) Support economical and efficient operations.
  303         (d) Ensure reliability of financial records and reports.
  304         (e) Safeguard assets.
  305         (7) The provisions contained in this section shall be
  306  supplemental to those of chapter 27, relating to state
  307  attorneys, public defenders, and criminal conflict and civil
  308  regional counsel, and capital collateral regional counsel; to
  309  those of chapter 39, relating to the Guardian Ad Litem Program;
  310  or to other laws pertaining hereto.
  311         Section 10. Paragraph (e) of subsection (13) of section
  312  112.0455, Florida Statutes, is amended to read:
  313         112.0455 Drug-Free Workplace Act.—
  314         (13) RULES.—
  315         (e) The Justice Administrative Commission may adopt rules
  316  on behalf of the state attorneys and public defenders of
  317  Florida, the capital collateral regional counsel, and the
  318  Judicial Qualifications Commission.
  319  
  320  This section shall not be construed to eliminate the bargainable
  321  rights as provided in the collective bargaining process where
  322  applicable.
  323         Section 11. Paragraph (d) of subsection (1) of section
  324  119.071, Florida Statutes, is amended to read:
  325         119.071 General exemptions from inspection or copying of
  326  public records.—
  327         (1) AGENCY ADMINISTRATION.—
  328         (d)1. A public record that was prepared by an agency
  329  attorney (including an attorney employed or retained by the
  330  agency or employed or retained by another public officer or
  331  agency to protect or represent the interests of the agency
  332  having custody of the record) or prepared at the attorney’s
  333  express direction, that reflects a mental impression,
  334  conclusion, litigation strategy, or legal theory of the attorney
  335  or the agency, and that was prepared exclusively for civil or
  336  criminal litigation or for adversarial administrative
  337  proceedings, or that was prepared in anticipation of imminent
  338  civil or criminal litigation or imminent adversarial
  339  administrative proceedings, is exempt from s. 119.07(1) and s.
  340  24(a), Art. I of the State Constitution until the conclusion of
  341  the litigation or adversarial administrative proceedings. For
  342  purposes of capital collateral litigation as set forth in s.
  343  27.7001, the Attorney General’s office is entitled to claim this
  344  exemption for those public records prepared for direct appeal as
  345  well as for all capital collateral litigation after direct
  346  appeal until execution of sentence or imposition of a life
  347  sentence.
  348         2. This exemption is not waived by the release of such
  349  public record to another public employee or officer of the same
  350  agency or any person consulted by the agency attorney. When
  351  asserting the right to withhold a public record pursuant to this
  352  paragraph, the agency shall identify the potential parties to
  353  any such criminal or civil litigation or adversarial
  354  administrative proceedings. If a court finds that the document
  355  or other record has been improperly withheld under this
  356  paragraph, the party seeking access to such document or record
  357  shall be awarded reasonable attorney’s fees and costs in
  358  addition to any other remedy ordered by the court.
  359         Section 12. Subsection (6) of section 186.003, Florida
  360  Statutes, is amended to read:
  361         186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
  362  As used in ss. 186.001-186.031 and 186.801-186.901, the term:
  363         (6) “State agency” or “agency” means any official, officer,
  364  commission, board, authority, council, committee, or department
  365  of the executive branch of state government. For purposes of
  366  this chapter, “state agency” or “agency” includes state
  367  attorneys, public defenders, the capital collateral regional
  368  counsel, the Justice Administrative Commission, and the Public
  369  Service Commission.
  370         Section 13. Paragraph (b) of subsection (2) of section
  371  215.89, Florida Statutes, is amended to read:
  372         215.89 Charts of account.—
  373         (2) DEFINITIONS.—As used in this section, the term:
  374         (b) “State agency” means an official, officer, commission,
  375  board, authority, council, committee, or department of the
  376  executive branch; a state attorney, public defender, or criminal
  377  conflict and civil regional counsel, or capital collateral
  378  regional counsel; the Florida Clerks of Court Operations
  379  Corporation; the Justice Administrative Commission; the Florida
  380  Housing Finance Corporation; the Florida Public Service
  381  Commission; the State Board of Administration; the Supreme Court
  382  or a district court of appeal, circuit court, or county court;
  383  or the Judicial Qualifications Commission.
  384         Section 14. Paragraph (h) of subsection (14) of section
  385  215.985, Florida Statutes, is amended to read:
  386         215.985 Transparency in government spending.—
  387         (14) The Chief Financial Officer shall establish and
  388  maintain a secure contract tracking system available for viewing
  389  and downloading by the public through a secure website. The
  390  Chief Financial Officer shall use appropriate Internet security
  391  measures to ensure that no person has the ability to alter or
  392  modify records available on the website.
  393         (h) For purposes of this subsection, the term:
  394         1. “Procurement document” means any document or material
  395  provided to the public or any vendor as part of a formal
  396  competitive solicitation of goods or services undertaken by a
  397  state entity, and a document or material submitted in response
  398  to a formal competitive solicitation by any vendor who is
  399  awarded the resulting contract.
  400         2. “State entity” means an official, officer, commission,
  401  board, authority, council, committee, or department of the
  402  executive branch of state government; a state attorney, public
  403  defender, criminal conflict and civil regional counsel, capital
  404  collateral regional counsel, and the Justice Administrative
  405  Commission; the Public Service Commission; and any part of the
  406  judicial branch of state government.
  407         Section 15. Paragraph (qq) of subsection (1) of section
  408  216.011, Florida Statutes, is amended to read:
  409         216.011 Definitions.—
  410         (1) For the purpose of fiscal affairs of the state,
  411  appropriations acts, legislative budgets, and approved budgets,
  412  each of the following terms has the meaning indicated:
  413         (qq) “State agency” or “agency” means any official,
  414  officer, commission, board, authority, council, committee, or
  415  department of the executive branch of state government. For
  416  purposes of this chapter and chapter 215, “state agency” or
  417  “agency” includes, but is not limited to, state attorneys,
  418  public defenders, criminal conflict and civil regional counsel,
  419  capital collateral regional counsel, the Justice Administrative
  420  Commission, the Florida Housing Finance Corporation, and the
  421  Florida Public Service Commission. Solely for the purposes of
  422  implementing s. 19(h), Art. III of the State Constitution, the
  423  terms “state agency” or “agency” include the judicial branch.
  424         Section 16. Subsection (3) of section 790.25, Florida
  425  Statutes, is amended to read:
  426         790.25 Lawful ownership, possession, and use of firearms
  427  and other weapons.—
  428         (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
  429  do not apply in the following instances, and, despite such
  430  sections, it is lawful for the following persons to own,
  431  possess, and lawfully use firearms and other weapons,
  432  ammunition, and supplies for lawful purposes:
  433         (a) Members of the Militia, National Guard, Florida State
  434  Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard,
  435  organized reserves, and other armed forces of the state and of
  436  the United States, when on duty, when training or preparing
  437  themselves for military duty, or while subject to recall or
  438  mobilization;
  439         (b) Citizens of this state subject to duty in the Armed
  440  Forces under s. 2, Art. X of the State Constitution, under
  441  chapters 250 and 251, and under federal laws, when on duty or
  442  when training or preparing themselves for military duty;
  443         (c) Persons carrying out or training for emergency
  444  management duties under chapter 252;
  445         (d) Sheriffs, marshals, prison or jail wardens, police
  446  officers, Florida highway patrol officers, game wardens, revenue
  447  officers, forest officials, special officers appointed under the
  448  provisions of chapter 354, and other peace and law enforcement
  449  officers and their deputies and assistants and full-time paid
  450  peace officers of other states and of the Federal Government who
  451  are carrying out official duties while in this state;
  452         (e) Officers or employees of the state or United States
  453  duly authorized to carry a concealed weapon;
  454         (f) Guards or messengers of common carriers, express
  455  companies, armored car carriers, mail carriers, banks, and other
  456  financial institutions, while actually employed in and about the
  457  shipment, transportation, or delivery of any money, treasure,
  458  bullion, bonds, or other thing of value within this state;
  459         (g) Regularly enrolled members of any organization duly
  460  authorized to purchase or receive weapons from the United States
  461  or from this state, or regularly enrolled members of clubs
  462  organized for target, skeet, or trap shooting, while at or going
  463  to or from shooting practice; or regularly enrolled members of
  464  clubs organized for modern or antique firearms collecting, while
  465  such members are at or going to or from their collectors’ gun
  466  shows, conventions, or exhibits;
  467         (h) A person engaged in fishing, camping, or lawful hunting
  468  or going to or returning from a fishing, camping, or lawful
  469  hunting expedition;
  470         (i) A person engaged in the business of manufacturing,
  471  repairing, or dealing in firearms, or the agent or
  472  representative of any such person while engaged in the lawful
  473  course of such business;
  474         (j) A person firing weapons for testing or target practice
  475  under safe conditions and in a safe place not prohibited by law
  476  or going to or from such place;
  477         (k) A person firing weapons in a safe and secure indoor
  478  range for testing and target practice;
  479         (l) A person traveling by private conveyance when the
  480  weapon is securely encased or in a public conveyance when the
  481  weapon is securely encased and not in the person’s manual
  482  possession;
  483         (m) A person while carrying a pistol unloaded and in a
  484  secure wrapper, concealed or otherwise, from the place of
  485  purchase to his or her home or place of business or to a place
  486  of repair or back to his or her home or place of business;
  487         (n) A person possessing arms at his or her home or place of
  488  business;
  489         (o) Investigators employed by the several public defenders
  490  of the state, while actually carrying out official duties,
  491  provided such investigators:
  492         1. Are employed full time;
  493         2. Meet the official training standards for firearms
  494  established by the Criminal Justice Standards and Training
  495  Commission as provided in s. 943.12(5) and the requirements of
  496  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  497         3. Are individually designated by an affidavit of consent
  498  signed by the employing public defender and filed with the clerk
  499  of the circuit court in the county in which the employing public
  500  defender resides; and.
  501         (p) Investigators employed by the capital collateral
  502  regional counsel, while actually carrying out official duties,
  503  provided such investigators:
  504         1. Are employed full time;
  505         2. Meet the official training standards for firearms as
  506  established by the Criminal Justice Standards and Training
  507  Commission as provided in s. 943.12(1) and the requirements of
  508  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  509         3. Are individually designated by an affidavit of consent
  510  signed by the capital collateral regional counsel and filed with
  511  the clerk of the circuit court in the county in which the
  512  investigator is headquartered.
  513         (p)(q)1. A tactical medical professional who is actively
  514  operating in direct support of a tactical operation by a law
  515  enforcement agency provided that:
  516         a. The tactical medical professional is lawfully able to
  517  possess firearms and has an active concealed weapons permit
  518  issued pursuant to s. 790.06.
  519         b. The tactical medical professional is appointed to a law
  520  enforcement tactical team of a law enforcement agency by the
  521  head of the law enforcement agency.
  522         c. The law enforcement agency has an established policy
  523  providing for the appointment, training, and deployment of the
  524  tactical medical professional.
  525         d. The tactical medical professional successfully completes
  526  a firearms safety training and tactical training as established
  527  or designated by the appointing law enforcement agency.
  528         e. The law enforcement agency provides and the tactical
  529  medical professional participates in annual firearm training and
  530  tactical training.
  531         2. While actively operating in direct support of a tactical
  532  operation by a law enforcement agency, a tactical medical
  533  professional:
  534         a. May carry a firearm in the same manner as a law
  535  enforcement officer, as defined in s. 943.10 and,
  536  notwithstanding any other law, at any place a tactical law
  537  enforcement operation occurs.
  538         b. Has no duty to retreat and is justified in the use of
  539  any force which he or she reasonably believes is necessary to
  540  defend himself or herself or another from bodily harm.
  541         c. Has the same immunities and privileges as a law
  542  enforcement officer, as defined in s. 943.10, in a civil or
  543  criminal action arising out of a tactical law enforcement
  544  operation when acting within the scope of his or her official
  545  duties.
  546         3. This paragraph may not be construed to authorize a
  547  tactical medical professional to carry, transport, or store any
  548  firearm or ammunition on any fire apparatus or EMS vehicle.
  549         4. The appointing law enforcement agency shall issue any
  550  firearm or ammunition that the tactical medical professional
  551  carries in accordance with this paragraph.
  552         5. For the purposes of this paragraph, the term “tactical
  553  medical professional” means a paramedic, as defined in s.
  554  401.23, a physician, as defined in s. 458.305, or an osteopathic
  555  physician, as defined in s. 459.003, who is appointed to provide
  556  direct support to a tactical law enforcement unit by providing
  557  medical services at high-risk incidents, including, but not
  558  limited to, hostage incidents, narcotics raids, hazardous
  559  surveillance, sniper incidents, armed suicidal persons,
  560  barricaded suspects, high-risk felony warrant service, fugitives
  561  refusing to surrender, and active shooter incidents.
  562         Section 17. Subsection (1) of section 775.15, Florida
  563  Statutes, is amended to read:
  564         775.15 Time limitations; general time limitations;
  565  exceptions.—
  566         (1) A prosecution for a capital felony, a life felony, or a
  567  felony that resulted in a death may be commenced at any time. If
  568  the death penalty is held to be unconstitutional by the Florida
  569  Supreme Court or the United States Supreme Court, all crimes
  570  designated as capital felonies shall be considered life felonies
  571  for the purposes of this section, and prosecution for such
  572  crimes may be commenced at any time.
  573         Section 18. Subsection (4) of section 790.161, Florida
  574  Statutes, is amended to read:
  575         790.161 Making, possessing, throwing, projecting, placing,
  576  or discharging any destructive device or attempt so to do,
  577  felony; penalties.—A person who willfully and unlawfully makes,
  578  possesses, throws, projects, places, discharges, or attempts to
  579  make, possess, throw, project, place, or discharge any
  580  destructive device:
  581         (4) If the act results in the death of another person,
  582  commits a capital felony, punishable as provided in s. 775.082.
  583  In the event the death penalty in a capital felony is held to be
  584  unconstitutional by the Florida Supreme Court or the United
  585  States Supreme Court, the court having jurisdiction over a
  586  person previously sentenced to death for a capital felony shall
  587  cause such person to be brought before the court, and the court
  588  shall sentence such person to life imprisonment if convicted of
  589  murder in the first degree or of a capital felony under this
  590  subsection, and such person shall be ineligible for parole. No
  591  sentence of death shall be reduced as a result of a
  592  determination that a method of execution is held to be
  593  unconstitutional under the State Constitution or the
  594  Constitution of the United States.
  595         Section 19. Sections 913.13, 921.137, 921.141, and 921.142,
  596  Florida Statutes, are repealed.
  597         Section 20. Subsection (9) of section 394.912, Florida
  598  Statutes, is amended to read:
  599         394.912 Definitions.—As used in this part, the term:
  600         (9) “Sexually violent offense” means:
  601         (a) Murder of a human being while engaged in sexual battery
  602  in violation of s. 782.04(1)(b) s. 782.04(1)(a)2.;
  603         (b) Kidnapping of a child under the age of 13 and, in the
  604  course of that offense, committing:
  605         1. Sexual battery; or
  606         2. A lewd, lascivious, or indecent assault or act upon or
  607  in the presence of the child;
  608         (c) Committing the offense of false imprisonment upon a
  609  child under the age of 13 and, in the course of that offense,
  610  committing:
  611         1. Sexual battery; or
  612         2. A lewd, lascivious, or indecent assault or act upon or
  613  in the presence of the child;
  614         (d) Sexual battery in violation of s. 794.011;
  615         (e) Lewd, lascivious, or indecent assault or act upon or in
  616  presence of the child in violation of s. 800.04 or s.
  617  847.0135(5);
  618         (f) An attempt, criminal solicitation, or conspiracy, in
  619  violation of s. 777.04, of a sexually violent offense;
  620         (g) Any conviction for a felony offense in effect at any
  621  time before October 1, 1998, which is comparable to a sexually
  622  violent offense under paragraphs (a)-(f) or any federal
  623  conviction or conviction in another state for a felony offense
  624  that in this state would be a sexually violent offense;
  625         (h) Any criminal act that, either at the time of sentencing
  626  for the offense or subsequently during civil commitment
  627  proceedings under this part, has been determined beyond a
  628  reasonable doubt to have been sexually motivated; or
  629         (i) A criminal offense in which the state attorney refers a
  630  person to the department for civil commitment proceedings
  631  pursuant to s. 394.9125.
  632         Section 21. Paragraph (c) of subsection (5) of section
  633  775.021, Florida Statutes, is amended to read:
  634         775.021 Rules of construction.—
  635         (5) Whoever commits an act that violates a provision of
  636  this code or commits a criminal offense defined by another
  637  statute and thereby causes the death of, or bodily injury to, an
  638  unborn child commits a separate offense if the provision or
  639  statute does not otherwise specifically provide a separate
  640  offense for such death or injury to an unborn child.
  641         (c)Notwithstanding any other provision of law, the death
  642  penalty may not be imposed for an offense under this subsection.
  643         Section 22. Subsection (2) of section 775.30, Florida
  644  Statutes, is amended to read:
  645         775.30 Terrorism; defined; penalties.—
  646         (2) A person who violates s. 782.04(1)(a) s. 782.04(1)(a)1.
  647  or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s.
  648  784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15,
  649  s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s.
  650  790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s.
  651  815.061, s. 859.01, or s. 876.34, in furtherance of intimidating
  652  or coercing the policy of a government, or in furtherance of
  653  affecting the conduct of a government by mass destruction,
  654  assassination, or kidnapping, commits the crime of terrorism, a
  655  felony of the first degree, punishable as provided in s.
  656  775.082, s. 775.083, or s. 775.084.
  657         Section 23. Subsection (1) of section 782.04, Florida
  658  Statutes, is amended to read:
  659         782.04 Murder.—
  660         (1)(a) The unlawful killing of a human being:
  661         (a)1. When perpetrated from a premeditated design to effect
  662  the death of the person killed or any human being;
  663         (b)2. When committed by a person engaged in the
  664  perpetration of, or in the attempt to perpetrate, any:
  665         1.a. Trafficking offense prohibited by s. 893.135(1),
  666         2.b. Arson,
  667         3.c. Sexual battery,
  668         4.d. Robbery,
  669         5.e. Burglary,
  670         6.f. Kidnapping,
  671         7.g. Escape,
  672         8.h. Aggravated child abuse,
  673         9.i. Aggravated abuse of an elderly person or disabled
  674  adult,
  675         10.j. Aircraft piracy,
  676         11.k. Unlawful throwing, placing, or discharging of a
  677  destructive device or bomb,
  678         12.l. Carjacking,
  679         13.m. Home-invasion robbery,
  680         14.n. Aggravated stalking,
  681         15.o. Murder of another human being,
  682         16.p. Resisting an officer with violence to his or her
  683  person,
  684         17.q. Aggravated fleeing or eluding with serious bodily
  685  injury or death,
  686         18.r. Felony that is an act of terrorism or is in
  687  furtherance of an act of terrorism, including a felony under s.
  688  775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or
  689         19.s. Human trafficking; or
  690         (c)3. Which resulted from the unlawful distribution by a
  691  person 18 years of age or older of any of the following
  692  substances, or mixture containing any of the following
  693  substances, when such substance or mixture is proven to be the
  694  proximate cause of the death of the user:
  695         1.a. A substance controlled under s. 893.03(1);
  696         2.b. Cocaine, as described in s. 893.03(2)(a)4.;
  697         3.c. Opium or any synthetic or natural salt, compound,
  698  derivative, or preparation of opium;
  699         4.d. Methadone;
  700         5.e. Alfentanil, as described in s. 893.03(2)(b)1.;
  701         6.f. Carfentanil, as described in s. 893.03(2)(b)6.;
  702         7.g. Fentanyl, as described in s. 893.03(2)(b)9.;
  703         8.h. Sufentanil, as described in s. 893.03(2)(b)30.; or
  704         9.i. A controlled substance analog, as described in s.
  705  893.0356, of any substance specified in subparagraphs 1.-8. sub
  706  subparagraphs a.-h.,
  707  
  708  is murder in the first degree and constitutes a capital felony,
  709  punishable as provided in s. 775.082.
  710         (b)In all cases under this section, the procedure set
  711  forth in s. 921.141 shall be followed in order to determine
  712  sentence of death or life imprisonment. If the prosecutor
  713  intends to seek the death penalty, the prosecutor must give
  714  notice to the defendant and file the notice with the court
  715  within 45 days after arraignment. The notice must contain a list
  716  of the aggravating factors the state intends to prove and has
  717  reason to believe it can prove beyond a reasonable doubt. The
  718  court may allow the prosecutor to amend the notice upon a
  719  showing of good cause.
  720         Section 24. Section 782.065, Florida Statutes, is amended
  721  to read:
  722         782.065 Murder; law enforcement officer, correctional
  723  officer, correctional probation officer.—Notwithstanding ss.
  724  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  725  shall be sentenced to life imprisonment without eligibility for
  726  release upon findings by the trier of fact that, beyond a
  727  reasonable doubt:
  728         (1) The defendant committed murder in the first degree in
  729  violation of s. 782.04(1) and a death sentence was not imposed;
  730  murder in the second or third degree in violation of s.
  731  782.04(2), (3), or (4); attempted murder in the first or second
  732  degree in violation of s. 782.04(1)(a) s. 782.04(1)(a)1. or (2);
  733  or attempted felony murder in violation of s. 782.051; and
  734         (2) The victim of any offense described in subsection (1)
  735  was a law enforcement officer, part-time law enforcement
  736  officer, auxiliary law enforcement officer, correctional
  737  officer, part-time correctional officer, auxiliary correctional
  738  officer, correctional probation officer, part-time correctional
  739  probation officer, or auxiliary correctional probation officer,
  740  as those terms are defined in s. 943.10, engaged in the lawful
  741  performance of a legal duty.
  742         Section 25. Paragraph (a) of subsection (2) of section
  743  794.011, Florida Statutes, is amended to read:
  744         794.011 Sexual battery.—
  745         (2)(a) A person 18 years of age or older who commits sexual
  746  battery upon, or in an attempt to commit sexual battery injures
  747  the sexual organs of, a person less than 12 years of age commits
  748  a capital felony, punishable as provided in s. 775.082 ss.
  749  775.082 and 921.141.
  750         Section 26. Paragraphs (b) through (l) and paragraph (n) of
  751  subsection (1) of section 893.135, Florida Statutes, are amended
  752  to read:
  753         893.135 Trafficking; mandatory sentences; suspension or
  754  reduction of sentences; conspiracy to engage in trafficking.—
  755         (1) Except as authorized in this chapter or in chapter 499
  756  and notwithstanding the provisions of s. 893.13:
  757         (b)1. Any person who knowingly sells, purchases,
  758  manufactures, delivers, or brings into this state, or who is
  759  knowingly in actual or constructive possession of, 28 grams or
  760  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  761  mixture containing cocaine, but less than 150 kilograms of
  762  cocaine or any such mixture, commits a felony of the first
  763  degree, which felony shall be known as “trafficking in cocaine,”
  764  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  765  If the quantity involved:
  766         a. Is 28 grams or more, but less than 200 grams, such
  767  person shall be sentenced to a mandatory minimum term of
  768  imprisonment of 3 years, and the defendant shall be ordered to
  769  pay a fine of $50,000.
  770         b. Is 200 grams or more, but less than 400 grams, such
  771  person shall be sentenced to a mandatory minimum term of
  772  imprisonment of 7 years, and the defendant shall be ordered to
  773  pay a fine of $100,000.
  774         c. Is 400 grams or more, but less than 150 kilograms, such
  775  person shall be sentenced to a mandatory minimum term of
  776  imprisonment of 15 calendar years and pay a fine of $250,000.
  777         2. Any person who knowingly sells, purchases, manufactures,
  778  delivers, or brings into this state, or who is knowingly in
  779  actual or constructive possession of, 150 kilograms or more of
  780  cocaine, as described in s. 893.03(2)(a)4., commits the first
  781  degree felony of trafficking in cocaine. A person who has been
  782  convicted of the first degree felony of trafficking in cocaine
  783  under this subparagraph shall be punished by life imprisonment
  784  and is ineligible for any form of discretionary early release
  785  except pardon or executive clemency or conditional medical
  786  release under s. 947.149. However, if the court determines that,
  787  in addition to committing any act specified in this paragraph:
  788         a. The person intentionally killed an individual or
  789  counseled, commanded, induced, procured, or caused the
  790  intentional killing of an individual and such killing was the
  791  result; or
  792         b. The person’s conduct in committing that act led to a
  793  natural, though not inevitable, lethal result,
  794  
  795  such person commits the capital felony of trafficking in
  796  cocaine, punishable as provided in s. 775.082 ss. 775.082 and
  797  921.142. Any person sentenced for a capital felony under this
  798  paragraph shall also be sentenced to pay the maximum fine
  799  provided under subparagraph 1.
  800         3. Any person who knowingly brings into this state 300
  801  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  802  and who knows that the probable result of such importation would
  803  be the death of any person, commits capital importation of
  804  cocaine, a capital felony punishable as provided in s. 775.082
  805  ss. 775.082 and 921.142. Any person sentenced for a capital
  806  felony under this paragraph shall also be sentenced to pay the
  807  maximum fine provided under subparagraph 1.
  808         (c)1. A person who knowingly sells, purchases,
  809  manufactures, delivers, or brings into this state, or who is
  810  knowingly in actual or constructive possession of, 4 grams or
  811  more of any morphine, opium, hydromorphone, or any salt,
  812  derivative, isomer, or salt of an isomer thereof, including
  813  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  814  (3)(c)4., or 4 grams or more of any mixture containing any such
  815  substance, but less than 30 kilograms of such substance or
  816  mixture, commits a felony of the first degree, which felony
  817  shall be known as “trafficking in illegal drugs,” punishable as
  818  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  819  quantity involved:
  820         a. Is 4 grams or more, but less than 14 grams, such person
  821  shall be sentenced to a mandatory minimum term of imprisonment
  822  of 3 years and shall be ordered to pay a fine of $50,000.
  823         b. Is 14 grams or more, but less than 28 grams, such person
  824  shall be sentenced to a mandatory minimum term of imprisonment
  825  of 15 years and shall be ordered to pay a fine of $100,000.
  826         c. Is 28 grams or more, but less than 30 kilograms, such
  827  person shall be sentenced to a mandatory minimum term of
  828  imprisonment of 25 years and shall be ordered to pay a fine of
  829  $500,000.
  830         2. A person who knowingly sells, purchases, manufactures,
  831  delivers, or brings into this state, or who is knowingly in
  832  actual or constructive possession of, 28 grams or more of
  833  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  834  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  835  grams or more of any mixture containing any such substance,
  836  commits a felony of the first degree, which felony shall be
  837  known as “trafficking in hydrocodone,” punishable as provided in
  838  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  839         a. Is 28 grams or more, but less than 50 grams, such person
  840  shall be sentenced to a mandatory minimum term of imprisonment
  841  of 3 years and shall be ordered to pay a fine of $50,000.
  842         b. Is 50 grams or more, but less than 100 grams, such
  843  person shall be sentenced to a mandatory minimum term of
  844  imprisonment of 7 years and shall be ordered to pay a fine of
  845  $100,000.
  846         c. Is 100 grams or more, but less than 300 grams, such
  847  person shall be sentenced to a mandatory minimum term of
  848  imprisonment of 15 years and shall be ordered to pay a fine of
  849  $500,000.
  850         d. Is 300 grams or more, but less than 30 kilograms, such
  851  person shall be sentenced to a mandatory minimum term of
  852  imprisonment of 25 years and shall be ordered to pay a fine of
  853  $750,000.
  854         3. A person who knowingly sells, purchases, manufactures,
  855  delivers, or brings into this state, or who is knowingly in
  856  actual or constructive possession of, 7 grams or more of
  857  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  858  thereof, or 7 grams or more of any mixture containing any such
  859  substance, commits a felony of the first degree, which felony
  860  shall be known as “trafficking in oxycodone,” punishable as
  861  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  862  quantity involved:
  863         a. Is 7 grams or more, but less than 14 grams, such person
  864  shall be sentenced to a mandatory minimum term of imprisonment
  865  of 3 years and shall be ordered to pay a fine of $50,000.
  866         b. Is 14 grams or more, but less than 25 grams, such person
  867  shall be sentenced to a mandatory minimum term of imprisonment
  868  of 7 years and shall be ordered to pay a fine of $100,000.
  869         c. Is 25 grams or more, but less than 100 grams, such
  870  person shall be sentenced to a mandatory minimum term of
  871  imprisonment of 15 years and shall be ordered to pay a fine of
  872  $500,000.
  873         d. Is 100 grams or more, but less than 30 kilograms, such
  874  person shall be sentenced to a mandatory minimum term of
  875  imprisonment of 25 years and shall be ordered to pay a fine of
  876  $750,000.
  877         4.a. A person who knowingly sells, purchases, manufactures,
  878  delivers, or brings into this state, or who is knowingly in
  879  actual or constructive possession of, 4 grams or more of:
  880         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  881         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  882         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  883         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  884         (V) A fentanyl derivative, as described in s.
  885  893.03(1)(a)62.;
  886         (VI) A controlled substance analog, as described in s.
  887  893.0356, of any substance described in sub-sub-subparagraphs
  888  (I)-(V); or
  889         (VII) A mixture containing any substance described in sub
  890  sub-subparagraphs (I)-(VI),
  891  
  892  commits a felony of the first degree, which felony shall be
  893  known as “trafficking in fentanyl,” punishable as provided in s.
  894  775.082, s. 775.083, or s. 775.084.
  895         b. If the quantity involved under sub-subparagraph a.:
  896         (I) Is 4 grams or more, but less than 14 grams, such person
  897  shall be sentenced to a mandatory minimum term of imprisonment
  898  of 3 years, and shall be ordered to pay a fine of $50,000.
  899         (II) Is 14 grams or more, but less than 28 grams, such
  900  person shall be sentenced to a mandatory minimum term of
  901  imprisonment of 15 years, and shall be ordered to pay a fine of
  902  $100,000.
  903         (III) Is 28 grams or more, such person shall be sentenced
  904  to a mandatory minimum term of imprisonment of 25 years, and
  905  shall be ordered to pay a fine of $500,000.
  906         5. A person who knowingly sells, purchases, manufactures,
  907  delivers, or brings into this state, or who is knowingly in
  908  actual or constructive possession of, 30 kilograms or more of
  909  any morphine, opium, oxycodone, hydrocodone, codeine,
  910  hydromorphone, or any salt, derivative, isomer, or salt of an
  911  isomer thereof, including heroin, as described in s.
  912  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  913  more of any mixture containing any such substance, commits the
  914  first degree felony of trafficking in illegal drugs. A person
  915  who has been convicted of the first degree felony of trafficking
  916  in illegal drugs under this subparagraph shall be punished by
  917  life imprisonment and is ineligible for any form of
  918  discretionary early release except pardon or executive clemency
  919  or conditional medical release under s. 947.149. However, if the
  920  court determines that, in addition to committing any act
  921  specified in this paragraph:
  922         a. The person intentionally killed an individual or
  923  counseled, commanded, induced, procured, or caused the
  924  intentional killing of an individual and such killing was the
  925  result; or
  926         b. The person’s conduct in committing that act led to a
  927  natural, though not inevitable, lethal result,
  928  
  929  such person commits the capital felony of trafficking in illegal
  930  drugs, punishable as provided in s. 775.082 ss. 775.082 and
  931  921.142. A person sentenced for a capital felony under this
  932  paragraph shall also be sentenced to pay the maximum fine
  933  provided under subparagraph 1.
  934         6. A person who knowingly brings into this state 60
  935  kilograms or more of any morphine, opium, oxycodone,
  936  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  937  isomer, or salt of an isomer thereof, including heroin, as
  938  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  939  60 kilograms or more of any mixture containing any such
  940  substance, and who knows that the probable result of such
  941  importation would be the death of a person, commits capital
  942  importation of illegal drugs, a capital felony punishable as
  943  provided in s. 775.082 ss. 775.082 and 921.142. A person
  944  sentenced for a capital felony under this paragraph shall also
  945  be sentenced to pay the maximum fine provided under subparagraph
  946  1.
  947         (d)1. Any person who knowingly sells, purchases,
  948  manufactures, delivers, or brings into this state, or who is
  949  knowingly in actual or constructive possession of, 28 grams or
  950  more of phencyclidine, as described in s. 893.03(2)(b)23., a
  951  substituted phenylcyclohexylamine, as described in s.
  952  893.03(1)(c)195., or a substance described in s.
  953  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  954  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  955  substituted phenylcyclohexylamine, as described in s.
  956  893.03(1)(c)195., or a substance described in s.
  957  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
  958  the first degree, which felony shall be known as “trafficking in
  959  phencyclidine,” punishable as provided in s. 775.082, s.
  960  775.083, or s. 775.084. If the quantity involved:
  961         a. Is 28 grams or more, but less than 200 grams, such
  962  person shall be sentenced to a mandatory minimum term of
  963  imprisonment of 3 years, and the defendant shall be ordered to
  964  pay a fine of $50,000.
  965         b. Is 200 grams or more, but less than 400 grams, such
  966  person shall be sentenced to a mandatory minimum term of
  967  imprisonment of 7 years, and the defendant shall be ordered to
  968  pay a fine of $100,000.
  969         c. Is 400 grams or more, such person shall be sentenced to
  970  a mandatory minimum term of imprisonment of 15 calendar years
  971  and pay a fine of $250,000.
  972         2. Any person who knowingly brings into this state 800
  973  grams or more of phencyclidine, as described in s.
  974  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
  975  described in s. 893.03(1)(c)195., or a substance described in s.
  976  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  977  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  978  substituted phenylcyclohexylamine, as described in s.
  979  893.03(1)(c)195., or a substance described in s.
  980  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
  981  probable result of such importation would be the death of any
  982  person commits capital importation of phencyclidine, a capital
  983  felony punishable as provided in s. 775.082 ss. 775.082 and
  984  921.142. Any person sentenced for a capital felony under this
  985  paragraph shall also be sentenced to pay the maximum fine
  986  provided under subparagraph 1.
  987         (e)1. Any person who knowingly sells, purchases,
  988  manufactures, delivers, or brings into this state, or who is
  989  knowingly in actual or constructive possession of, 200 grams or
  990  more of methaqualone or of any mixture containing methaqualone,
  991  as described in s. 893.03(1)(d), commits a felony of the first
  992  degree, which felony shall be known as “trafficking in
  993  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  994  or s. 775.084. If the quantity involved:
  995         a. Is 200 grams or more, but less than 5 kilograms, such
  996  person shall be sentenced to a mandatory minimum term of
  997  imprisonment of 3 years, and the defendant shall be ordered to
  998  pay a fine of $50,000.
  999         b. Is 5 kilograms or more, but less than 25 kilograms, such
 1000  person shall be sentenced to a mandatory minimum term of
 1001  imprisonment of 7 years, and the defendant shall be ordered to
 1002  pay a fine of $100,000.
 1003         c. Is 25 kilograms or more, such person shall be sentenced
 1004  to a mandatory minimum term of imprisonment of 15 calendar years
 1005  and pay a fine of $250,000.
 1006         2. Any person who knowingly brings into this state 50
 1007  kilograms or more of methaqualone or of any mixture containing
 1008  methaqualone, as described in s. 893.03(1)(d), and who knows
 1009  that the probable result of such importation would be the death
 1010  of any person commits capital importation of methaqualone, a
 1011  capital felony punishable as provided in s. 775.082 ss. 775.082
 1012  and 921.142. Any person sentenced for a capital felony under
 1013  this paragraph shall also be sentenced to pay the maximum fine
 1014  provided under subparagraph 1.
 1015         (f)1. Any person who knowingly sells, purchases,
 1016  manufactures, delivers, or brings into this state, or who is
 1017  knowingly in actual or constructive possession of, 14 grams or
 1018  more of amphetamine, as described in s. 893.03(2)(c)2., or
 1019  methamphetamine, as described in s. 893.03(2)(c)5., or of any
 1020  mixture containing amphetamine or methamphetamine, or
 1021  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 1022  in conjunction with other chemicals and equipment utilized in
 1023  the manufacture of amphetamine or methamphetamine, commits a
 1024  felony of the first degree, which felony shall be known as
 1025  “trafficking in amphetamine,” punishable as provided in s.
 1026  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1027         a. Is 14 grams or more, but less than 28 grams, such person
 1028  shall be sentenced to a mandatory minimum term of imprisonment
 1029  of 3 years, and the defendant shall be ordered to pay a fine of
 1030  $50,000.
 1031         b. Is 28 grams or more, but less than 200 grams, such
 1032  person shall be sentenced to a mandatory minimum term of
 1033  imprisonment of 7 years, and the defendant shall be ordered to
 1034  pay a fine of $100,000.
 1035         c. Is 200 grams or more, such person shall be sentenced to
 1036  a mandatory minimum term of imprisonment of 15 calendar years
 1037  and pay a fine of $250,000.
 1038         2. Any person who knowingly manufactures or brings into
 1039  this state 400 grams or more of amphetamine, as described in s.
 1040  893.03(2)(c)2., or methamphetamine, as described in s.
 1041  893.03(2)(c)5., or of any mixture containing amphetamine or
 1042  methamphetamine, or phenylacetone, phenylacetic acid,
 1043  pseudoephedrine, or ephedrine in conjunction with other
 1044  chemicals and equipment used in the manufacture of amphetamine
 1045  or methamphetamine, and who knows that the probable result of
 1046  such manufacture or importation would be the death of any person
 1047  commits capital manufacture or importation of amphetamine, a
 1048  capital felony punishable as provided in s. 775.082 ss. 775.082
 1049  and 921.142. Any person sentenced for a capital felony under
 1050  this paragraph shall also be sentenced to pay the maximum fine
 1051  provided under subparagraph 1.
 1052         (g)1. Any person who knowingly sells, purchases,
 1053  manufactures, delivers, or brings into this state, or who is
 1054  knowingly in actual or constructive possession of, 4 grams or
 1055  more of flunitrazepam or any mixture containing flunitrazepam as
 1056  described in s. 893.03(1)(a) commits a felony of the first
 1057  degree, which felony shall be known as “trafficking in
 1058  flunitrazepam,” punishable as provided in s. 775.082, s.
 1059  775.083, or s. 775.084. If the quantity involved:
 1060         a. Is 4 grams or more but less than 14 grams, such person
 1061  shall be sentenced to a mandatory minimum term of imprisonment
 1062  of 3 years, and the defendant shall be ordered to pay a fine of
 1063  $50,000.
 1064         b. Is 14 grams or more but less than 28 grams, such person
 1065  shall be sentenced to a mandatory minimum term of imprisonment
 1066  of 7 years, and the defendant shall be ordered to pay a fine of
 1067  $100,000.
 1068         c. Is 28 grams or more but less than 30 kilograms, such
 1069  person shall be sentenced to a mandatory minimum term of
 1070  imprisonment of 25 calendar years and pay a fine of $500,000.
 1071         2. Any person who knowingly sells, purchases, manufactures,
 1072  delivers, or brings into this state or who is knowingly in
 1073  actual or constructive possession of 30 kilograms or more of
 1074  flunitrazepam or any mixture containing flunitrazepam as
 1075  described in s. 893.03(1)(a) commits the first degree felony of
 1076  trafficking in flunitrazepam. A person who has been convicted of
 1077  the first degree felony of trafficking in flunitrazepam under
 1078  this subparagraph shall be punished by life imprisonment and is
 1079  ineligible for any form of discretionary early release except
 1080  pardon or executive clemency or conditional medical release
 1081  under s. 947.149. However, if the court determines that, in
 1082  addition to committing any act specified in this paragraph:
 1083         a. The person intentionally killed an individual or
 1084  counseled, commanded, induced, procured, or caused the
 1085  intentional killing of an individual and such killing was the
 1086  result; or
 1087         b. The person’s conduct in committing that act led to a
 1088  natural, though not inevitable, lethal result,
 1089  
 1090  such person commits the capital felony of trafficking in
 1091  flunitrazepam, punishable as provided in s. 775.082 ss. 775.082
 1092  and 921.142. Any person sentenced for a capital felony under
 1093  this paragraph shall also be sentenced to pay the maximum fine
 1094  provided under subparagraph 1.
 1095         (h)1. Any person who knowingly sells, purchases,
 1096  manufactures, delivers, or brings into this state, or who is
 1097  knowingly in actual or constructive possession of, 1 kilogram or
 1098  more of gamma-hydroxybutyric acid (GHB), as described in s.
 1099  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 1100  acid (GHB), commits a felony of the first degree, which felony
 1101  shall be known as “trafficking in gamma-hydroxybutyric acid
 1102  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 1103  775.084. If the quantity involved:
 1104         a. Is 1 kilogram or more but less than 5 kilograms, such
 1105  person shall be sentenced to a mandatory minimum term of
 1106  imprisonment of 3 years, and the defendant shall be ordered to
 1107  pay a fine of $50,000.
 1108         b. Is 5 kilograms or more but less than 10 kilograms, such
 1109  person shall be sentenced to a mandatory minimum term of
 1110  imprisonment of 7 years, and the defendant shall be ordered to
 1111  pay a fine of $100,000.
 1112         c. Is 10 kilograms or more, such person shall be sentenced
 1113  to a mandatory minimum term of imprisonment of 15 calendar years
 1114  and pay a fine of $250,000.
 1115         2. Any person who knowingly manufactures or brings into
 1116  this state 150 kilograms or more of gamma-hydroxybutyric acid
 1117  (GHB), as described in s. 893.03(1)(d), or any mixture
 1118  containing gamma-hydroxybutyric acid (GHB), and who knows that
 1119  the probable result of such manufacture or importation would be
 1120  the death of any person commits capital manufacture or
 1121  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 1122  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
 1123  Any person sentenced for a capital felony under this paragraph
 1124  shall also be sentenced to pay the maximum fine provided under
 1125  subparagraph 1.
 1126         (i)1. Any person who knowingly sells, purchases,
 1127  manufactures, delivers, or brings into this state, or who is
 1128  knowingly in actual or constructive possession of, 1 kilogram or
 1129  more of gamma-butyrolactone (GBL), as described in s.
 1130  893.03(1)(d), or any mixture containing gamma-butyrolactone
 1131  (GBL), commits a felony of the first degree, which felony shall
 1132  be known as “trafficking in gamma-butyrolactone (GBL),”
 1133  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1134  If the quantity involved:
 1135         a. Is 1 kilogram or more but less than 5 kilograms, such
 1136  person shall be sentenced to a mandatory minimum term of
 1137  imprisonment of 3 years, and the defendant shall be ordered to
 1138  pay a fine of $50,000.
 1139         b. Is 5 kilograms or more but less than 10 kilograms, such
 1140  person shall be sentenced to a mandatory minimum term of
 1141  imprisonment of 7 years, and the defendant shall be ordered to
 1142  pay a fine of $100,000.
 1143         c. Is 10 kilograms or more, such person shall be sentenced
 1144  to a mandatory minimum term of imprisonment of 15 calendar years
 1145  and pay a fine of $250,000.
 1146         2. Any person who knowingly manufactures or brings into the
 1147  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 1148  described in s. 893.03(1)(d), or any mixture containing gamma
 1149  butyrolactone (GBL), and who knows that the probable result of
 1150  such manufacture or importation would be the death of any person
 1151  commits capital manufacture or importation of gamma
 1152  butyrolactone (GBL), a capital felony punishable as provided in
 1153  s. 775.082 ss. 775.082 and 921.142. Any person sentenced for a
 1154  capital felony under this paragraph shall also be sentenced to
 1155  pay the maximum fine provided under subparagraph 1.
 1156         (j)1. Any person who knowingly sells, purchases,
 1157  manufactures, delivers, or brings into this state, or who is
 1158  knowingly in actual or constructive possession of, 1 kilogram or
 1159  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 1160  any mixture containing 1,4-Butanediol, commits a felony of the
 1161  first degree, which felony shall be known as “trafficking in
 1162  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 1163  775.083, or s. 775.084. If the quantity involved:
 1164         a. Is 1 kilogram or more, but less than 5 kilograms, such
 1165  person shall be sentenced to a mandatory minimum term of
 1166  imprisonment of 3 years, and the defendant shall be ordered to
 1167  pay a fine of $50,000.
 1168         b. Is 5 kilograms or more, but less than 10 kilograms, such
 1169  person shall be sentenced to a mandatory minimum term of
 1170  imprisonment of 7 years, and the defendant shall be ordered to
 1171  pay a fine of $100,000.
 1172         c. Is 10 kilograms or more, such person shall be sentenced
 1173  to a mandatory minimum term of imprisonment of 15 calendar years
 1174  and pay a fine of $500,000.
 1175         2. Any person who knowingly manufactures or brings into
 1176  this state 150 kilograms or more of 1,4-Butanediol as described
 1177  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 1178  and who knows that the probable result of such manufacture or
 1179  importation would be the death of any person commits capital
 1180  manufacture or importation of 1,4-Butanediol, a capital felony
 1181  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
 1182  Any person sentenced for a capital felony under this paragraph
 1183  shall also be sentenced to pay the maximum fine provided under
 1184  subparagraph 1.
 1185         (k)1. A person who knowingly sells, purchases,
 1186  manufactures, delivers, or brings into this state, or who is
 1187  knowingly in actual or constructive possession of, 10 grams or
 1188  more of a:
 1189         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
 1190  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
 1191  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
 1192  165., or 187.-189., a substituted cathinone, as described in s.
 1193  893.03(1)(c)191., or substituted phenethylamine, as described in
 1194  s. 893.03(1)(c)192.;
 1195         b. Mixture containing any substance described in sub
 1196  subparagraph a.; or
 1197         c. Salt, isomer, ester, or ether or salt of an isomer,
 1198  ester, or ether of a substance described in sub-subparagraph a.,
 1199  
 1200  commits a felony of the first degree, which felony shall be
 1201  known as “trafficking in phenethylamines,” punishable as
 1202  provided in s. 775.082, s. 775.083, or s. 775.084.
 1203         2. If the quantity involved under subparagraph 1.:
 1204         a. Is 10 grams or more, but less than 200 grams, such
 1205  person shall be sentenced to a mandatory minimum term of
 1206  imprisonment of 3 years and shall be ordered to pay a fine of
 1207  $50,000.
 1208         b. Is 200 grams or more, but less than 400 grams, such
 1209  person shall be sentenced to a mandatory minimum term of
 1210  imprisonment of 7 years and shall be ordered to pay a fine of
 1211  $100,000.
 1212         c. Is 400 grams or more, such person shall be sentenced to
 1213  a mandatory minimum term of imprisonment of 15 years and shall
 1214  be ordered to pay a fine of $250,000.
 1215         3. A person who knowingly manufactures or brings into this
 1216  state 30 kilograms or more of a substance described in sub
 1217  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 1218  or a salt, isomer, ester, or ether or a salt of an isomer,
 1219  ester, or ether described in sub-subparagraph 1.c., and who
 1220  knows that the probable result of such manufacture or
 1221  importation would be the death of any person commits capital
 1222  manufacture or importation of phenethylamines, a capital felony
 1223  punishable as provided in s. 775.082 ss. 775.082 and 921.142. A
 1224  person sentenced for a capital felony under this paragraph shall
 1225  also be sentenced to pay the maximum fine under subparagraph 2.
 1226         (l)1. Any person who knowingly sells, purchases,
 1227  manufactures, delivers, or brings into this state, or who is
 1228  knowingly in actual or constructive possession of, 1 gram or
 1229  more of lysergic acid diethylamide (LSD) as described in s.
 1230  893.03(1)(c), or of any mixture containing lysergic acid
 1231  diethylamide (LSD), commits a felony of the first degree, which
 1232  felony shall be known as “trafficking in lysergic acid
 1233  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1234  775.083, or s. 775.084. If the quantity involved:
 1235         a. Is 1 gram or more, but less than 5 grams, such person
 1236  shall be sentenced to a mandatory minimum term of imprisonment
 1237  of 3 years, and the defendant shall be ordered to pay a fine of
 1238  $50,000.
 1239         b. Is 5 grams or more, but less than 7 grams, such person
 1240  shall be sentenced to a mandatory minimum term of imprisonment
 1241  of 7 years, and the defendant shall be ordered to pay a fine of
 1242  $100,000.
 1243         c. Is 7 grams or more, such person shall be sentenced to a
 1244  mandatory minimum term of imprisonment of 15 calendar years and
 1245  pay a fine of $500,000.
 1246         2. Any person who knowingly manufactures or brings into
 1247  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1248  as described in s. 893.03(1)(c), or any mixture containing
 1249  lysergic acid diethylamide (LSD), and who knows that the
 1250  probable result of such manufacture or importation would be the
 1251  death of any person commits capital manufacture or importation
 1252  of lysergic acid diethylamide (LSD), a capital felony punishable
 1253  as provided in s. 775.082 ss. 775.082 and 921.142. Any person
 1254  sentenced for a capital felony under this paragraph shall also
 1255  be sentenced to pay the maximum fine provided under subparagraph
 1256  1.
 1257         (n)1. A person who knowingly sells, purchases,
 1258  manufactures, delivers, or brings into this state, or who is
 1259  knowingly in actual or constructive possession of, 14 grams or
 1260  more of:
 1261         a. A substance described in s. 893.03(1)(c)164., 174., or
 1262  175., a n-benzyl phenethylamine compound, as described in s.
 1263  893.03(1)(c)193.; or
 1264         b. A mixture containing any substance described in sub
 1265  subparagraph a.,
 1266  
 1267  commits a felony of the first degree, which felony shall be
 1268  known as “trafficking in n-benzyl phenethylamines,” punishable
 1269  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1270         2. If the quantity involved under subparagraph 1.:
 1271         a. Is 14 grams or more, but less than 100 grams, such
 1272  person shall be sentenced to a mandatory minimum term of
 1273  imprisonment of 3 years, and the defendant shall be ordered to
 1274  pay a fine of $50,000.
 1275         b. Is 100 grams or more, but less than 200 grams, such
 1276  person shall be sentenced to a mandatory minimum term of
 1277  imprisonment of 7 years, and the defendant shall be ordered to
 1278  pay a fine of $100,000.
 1279         c. Is 200 grams or more, such person shall be sentenced to
 1280  a mandatory minimum term of imprisonment of 15 years, and the
 1281  defendant shall be ordered to pay a fine of $500,000.
 1282         3. A person who knowingly manufactures or brings into this
 1283  state 400 grams or more of a substance described in sub
 1284  subparagraph 1.a. or a mixture described in sub-subparagraph
 1285  1.b., and who knows that the probable result of such manufacture
 1286  or importation would be the death of any person commits capital
 1287  manufacture or importation of a n-benzyl phenethylamine
 1288  compound, a capital felony punishable as provided in s. 775.082
 1289  ss. 775.082 and 921.142. A person sentenced for a capital felony
 1290  under this paragraph shall also be sentenced to pay the maximum
 1291  fine under subparagraph 2.
 1292         Section 27. Paragraph (e) of subsection (4) of section
 1293  944.275, Florida Statutes, is amended to read:
 1294         944.275 Gain-time.—
 1295         (4)
 1296         (e) Notwithstanding subparagraph (b)3., for sentences
 1297  imposed for offenses committed on or after October 1, 2014, the
 1298  department may not grant incentive gain-time if the offense is a
 1299  violation of s. 782.04(1)(b)3. s. 782.04(1)(a)2.c.; s.
 1300  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
 1301  excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
 1302  847.0135(5).
 1303         Section 28. Subsection (4) and paragraph (a) of subsection
 1304  (5) of section 948.012, Florida Statutes, are amended to read:
 1305         948.012 Split sentence of probation or community control
 1306  and imprisonment.—
 1307         (4) Effective for offenses committed on or after September
 1308  1, 2005, the court must impose a split sentence pursuant to
 1309  subsection (1) for any person who is convicted of a life felony
 1310  for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
 1311  if the court imposes a term of years in accordance with s.
 1312  775.082(2)(a)4.a.(II) s. 775.082(3)(a)4.a.(II) rather than life
 1313  imprisonment. The probation or community control portion of the
 1314  split sentence imposed by the court for a defendant must extend
 1315  for the duration of the defendant’s natural life and include a
 1316  condition that he or she be electronically monitored.
 1317         (5)(a) Effective for offenses committed on or after October
 1318  1, 2014, if the court imposes a term of years in accordance with
 1319  s. 775.082 which is less than the maximum sentence for the
 1320  offense, the court must impose a split sentence pursuant to
 1321  subsection (1) for any person who is convicted of a violation
 1322  of:
 1323         1. Section 782.04(1)(b)3. 782.04(1)(a)2.c.;
 1324         2. Section 787.01(3)(a)2. or 3.;
 1325         3. Section 787.02(3)(a)2. or 3.;
 1326         4. Section 794.011, excluding s. 794.011(10);
 1327         5. Section 800.04;
 1328         6. Section 825.1025; or
 1329         7. Section 847.0135(5).
 1330         Section 29. Sections 922.052, 922.06, 922.07, 922.08,
 1331  922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
 1332  922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes,
 1333  are repealed.
 1334         Section 30. Subsection (4) of section 925.11, Florida
 1335  Statutes, is amended to read:
 1336         925.11 Postsentencing DNA testing.—
 1337         (4) PRESERVATION OF EVIDENCE.—
 1338         (a) Governmental entities that may be in possession of any
 1339  physical evidence in the case, including, but not limited to,
 1340  any investigating law enforcement agency, the clerk of the
 1341  court, the prosecuting authority, or the Department of Law
 1342  Enforcement shall maintain any physical evidence collected at
 1343  the time of the crime for which a postsentencing testing of DNA
 1344  may be requested.
 1345         (b)In a case in which the death penalty is imposed, the
 1346  evidence shall be maintained for 60 days after execution of the
 1347  sentence. In all other cases, a governmental entity may dispose
 1348  of the physical evidence if the term of the sentence imposed in
 1349  the case has expired and no other provision of law or rule
 1350  requires that the physical evidence be preserved or retained.
 1351         Section 31. Paragraphs (g) of subsection (1) and subsection
 1352  (2) of section 945.10, Florida Statutes, are amended to read:
 1353         945.10 Confidential information.—
 1354         (1) Except as otherwise provided by law or in this section,
 1355  the following records and information held by the Department of
 1356  Corrections are confidential and exempt from the provisions of
 1357  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1358         (g)Information which identifies an executioner, or any
 1359  person prescribing, preparing, compounding, dispensing, or
 1360  administering a lethal injection.
 1361         (2) The records and information specified in paragraphs
 1362  (1)(a)-(h) (1)(a)-(i) may be released as follows unless
 1363  expressly prohibited by federal law:
 1364         (a) Information specified in paragraphs (1)(b), (d), and
 1365  (f) to the Executive Office of the Governor, the Legislature,
 1366  the Florida Commission on Offender Review, the Department of
 1367  Children and Families, a private correctional facility or
 1368  program that operates under a contract, the Department of Legal
 1369  Affairs, a state attorney, the court, or a law enforcement
 1370  agency. A request for records or information pursuant to this
 1371  paragraph need not be in writing.
 1372         (b) Information specified in paragraphs (1)(c), (e), and
 1373  (h) (i) to the Executive Office of the Governor, the
 1374  Legislature, the Florida Commission on Offender Review, the
 1375  Department of Children and Families, a private correctional
 1376  facility or program that operates under contract, the Department
 1377  of Legal Affairs, a state attorney, the court, or a law
 1378  enforcement agency. A request for records or information
 1379  pursuant to this paragraph must be in writing and a statement
 1380  provided demonstrating a need for the records or information.
 1381         (c) Information specified in paragraph (1)(b) to an
 1382  attorney representing an inmate under sentence of death, except
 1383  those portions of the records containing a victim’s statement or
 1384  address, or the statement or address of a relative of the
 1385  victim. A request for records of information pursuant to this
 1386  paragraph must be in writing and a statement provided
 1387  demonstrating a need for the records or information.
 1388         (d) Information specified in paragraph (1)(b) to a public
 1389  defender representing a defendant, except those portions of the
 1390  records containing a victim’s statement or address, or the
 1391  statement or address of a relative of the victim. A request for
 1392  records or information pursuant to this paragraph need not be in
 1393  writing.
 1394         (e) Information specified in paragraph (1)(b) to state or
 1395  local governmental agencies. A request for records or
 1396  information pursuant to this paragraph must be in writing and a
 1397  statement provided demonstrating a need for the records or
 1398  information.
 1399         (f) Information specified in paragraph (1)(b) to a person
 1400  conducting legitimate research. A request for records and
 1401  information pursuant to this paragraph must be in writing, the
 1402  person requesting the records or information must sign a
 1403  confidentiality agreement, and the department must approve the
 1404  request in writing.
 1405         (g) Protected health information and records specified in
 1406  paragraphs (1)(a) and (g) (h) to the Department of Health and
 1407  the county health department where an inmate plans to reside if
 1408  he or she has tested positive for the presence of the antibody
 1409  or antigen to human immunodeficiency virus infection or as
 1410  authorized in s. 381.004.
 1411         (h) Protected health information and mental health,
 1412  medical, or substance abuse records specified in paragraph
 1413  (1)(a) to the Executive Office of the Governor, the Correctional
 1414  Medical Authority, and the Department of Health for health care
 1415  oversight activities authorized by state or federal law,
 1416  including audits; civil, administrative, or criminal
 1417  investigations; or inspections relating to the provision of
 1418  health services, in accordance with 45 C.F.R. part 164, subpart
 1419  E.
 1420         (i) Protected health information and mental health,
 1421  medical, or substance abuse records specified in paragraph
 1422  (1)(a) to a state attorney, a state court, or a law enforcement
 1423  agency conducting an ongoing criminal investigation, if the
 1424  inmate agrees to the disclosure and provides written consent or,
 1425  if the inmate refuses to provide written consent, in response to
 1426  an order of a court of competent jurisdiction, a subpoena,
 1427  including a grand jury, investigative, or administrative
 1428  subpoena, a court-ordered warrant, or a statutorily authorized
 1429  investigative demand or other process as authorized by law, in
 1430  accordance with 45 C.F.R. part 164, subpart E, provided that:
 1431         1. The protected health information and records sought are
 1432  relevant and material to a legitimate law enforcement inquiry;
 1433         2. There is a clear connection between the investigated
 1434  incident and the inmate whose protected health information and
 1435  records are sought;
 1436         3. The request is specific and limited in scope to the
 1437  extent reasonably practicable in light of the purpose for which
 1438  the information or records are sought; and
 1439         4. Deidentified information could not reasonably be used.
 1440         (j) Protected health information and mental health,
 1441  medical, or substance abuse records specified in paragraph
 1442  (1)(a) of an inmate who is or is suspected of being the victim
 1443  of a crime, to a state attorney or a law enforcement agency if
 1444  the inmate agrees to the disclosure and provides written consent
 1445  or if the inmate is unable to agree because of incapacity or
 1446  other emergency circumstance, in accordance with 45 C.F.R. part
 1447  164, subpart E, provided that:
 1448         1. Such protected health information and records are needed
 1449  to determine whether a violation of law by a person other than
 1450  the inmate victim has occurred;
 1451         2. Such protected health information or records are not
 1452  intended to be used against the inmate victim;
 1453         3. The immediate law enforcement activity that depends upon
 1454  the disclosure would be materially and adversely affected by
 1455  waiting until the inmate victim is able to agree to the
 1456  disclosure; and
 1457         4. The disclosure is in the best interests of the inmate
 1458  victim, as determined by the department.
 1459         (k) Protected health information and mental health,
 1460  medical, or substance abuse records specified in paragraph
 1461  (1)(a) to a state attorney or a law enforcement agency if the
 1462  department believes in good faith that the information and
 1463  records constitute evidence of criminal conduct that occurred in
 1464  a correctional institution or facility, in accordance with 45
 1465  C.F.R. part 164, subpart E, provided that:
 1466         1. The protected health information and records disclosed
 1467  are specific and limited in scope to the extent reasonably
 1468  practicable in light of the purpose for which the information or
 1469  records are sought;
 1470         2. There is a clear connection between the criminal conduct
 1471  and the inmate whose protected health information and records
 1472  are sought; and
 1473         3. Deidentified information could not reasonably be used.
 1474         (l) Protected health information and mental health,
 1475  medical, or substance abuse records specified in paragraph
 1476  (1)(a) to the Division of Risk Management of the Department of
 1477  Financial Services, in accordance with 45 C.F.R. part 164,
 1478  subpart E, upon certification by the Division of Risk Management
 1479  that such information and records are necessary to investigate
 1480  and provide legal representation for a claim against the
 1481  Department of Corrections.
 1482         (m) Protected health information and mental health,
 1483  medical, or substance abuse records specified in paragraph
 1484  (1)(a) of an inmate who is bringing a legal action against the
 1485  department, to the Department of Legal Affairs or to an attorney
 1486  retained to represent the department in a legal proceeding, in
 1487  accordance with 45 C.F.R. part 164, subpart E.
 1488         (n) Protected health information and mental health,
 1489  medical, or substance abuse records of an inmate as specified in
 1490  paragraph (1)(a) to another correctional institution or facility
 1491  or law enforcement official having lawful custody of the inmate,
 1492  in accordance with 45 C.F.R. part 164, subpart E, if the
 1493  protected health information or records are necessary for:
 1494         1. The provision of health care to the inmate;
 1495         2. The health and safety of the inmate or other inmates;
 1496         3. The health and safety of the officers, employees, or
 1497  others at the correctional institution or facility;
 1498         4. The health and safety of the individuals or officers
 1499  responsible for transporting the inmate from one correctional
 1500  institution, facility, or setting to another;
 1501         5. Law enforcement on the premises of the correctional
 1502  institution or facility; or
 1503         6. The administration and maintenance of the safety,
 1504  security, and good order of the correctional institution or
 1505  facility.
 1506         (o) Protected health information and mental health,
 1507  medical, or substance abuse records of an inmate as specified in
 1508  paragraph (1)(a) to the Department of Children and Families and
 1509  the Florida Commission on Offender Review, in accordance with 45
 1510  C.F.R. part 164, subpart E, if the inmate received mental health
 1511  treatment while in the custody of the Department of Corrections
 1512  and becomes eligible for release under supervision or upon the
 1513  end of his or her sentence.
 1514         (p) Notwithstanding s. 456.057 and in accordance with 45
 1515  C.F.R. part 164, subpart E, protected health information and
 1516  mental health, medical, or substance abuse records specified in
 1517  paragraph (1)(a) of a deceased inmate or offender to an
 1518  individual with authority to act on behalf of the deceased
 1519  inmate or offender, upon the individual’s request. For purposes
 1520  of this section, the following individuals have authority to act
 1521  on behalf of a deceased inmate or offender only for the purpose
 1522  of requesting access to such protected health information and
 1523  records:
 1524         1. A person appointed by a court to act as the personal
 1525  representative, executor, administrator, curator, or temporary
 1526  administrator of the deceased inmate’s or offender’s estate;
 1527         2. If a court has not made a judicial appointment under
 1528  subparagraph 1., a person designated by the inmate or offender
 1529  to act as his or her personal representative in a last will that
 1530  is self-proved under s. 732.503; or
 1531         3. If a court has not made a judicial appointment under
 1532  subparagraph 1. or if the inmate or offender has not designated
 1533  a person in a self-proved last will as provided in subparagraph
 1534  2., only the following individuals:
 1535         a. A surviving spouse.
 1536         b. If there is no surviving spouse, a surviving adult child
 1537  of the inmate or offender.
 1538         c. If there is no surviving spouse or adult child, a parent
 1539  of the inmate or offender.
 1540         (q) All requests for access to a deceased inmate’s or
 1541  offender’s protected health information or mental health,
 1542  medical, or substance abuse records specified in paragraph
 1543  (1)(a) must be in writing and must be accompanied by the
 1544  following:
 1545         1. If made by a person authorized under subparagraph (p)1.,
 1546  a copy of the letter of administration and a copy of the court
 1547  order appointing such person as the representative of the
 1548  inmate’s or offender’s estate.
 1549         2. If made by a person authorized under subparagraph (p)2.,
 1550  a copy of the self-proved last will designating the person as
 1551  the inmate’s or offender’s representative.
 1552         3. If made by a person authorized under subparagraph (p)3.,
 1553  a letter from the person’s attorney verifying the person’s
 1554  relationship to the inmate or offender and the absence of a
 1555  court-appointed representative and self-proved last will.
 1556  
 1557  Records and information released under this subsection remain
 1558  confidential and exempt from the provisions of s. 119.07(1) and
 1559  s. 24(a), Art. I of the State Constitution when held by the
 1560  receiving person or entity.
 1561         Section 32. Subsection (2) of section 316.3026, Florida
 1562  Statutes, is amended to read:
 1563         316.3026 Unlawful operation of motor carriers.—
 1564         (2) Any motor carrier enjoined or prohibited from operating
 1565  by an out-of-service order by this state, any other state, or
 1566  the Federal Motor Carrier Safety Administration may not operate
 1567  on the roadways of this state until the motor carrier has been
 1568  authorized to resume operations by the originating enforcement
 1569  jurisdiction. Commercial motor vehicles owned or operated by any
 1570  motor carrier prohibited from operation found on the roadways of
 1571  this state shall be placed out of service by law enforcement
 1572  officers of the Department of Highway Safety and Motor Vehicles,
 1573  and the motor carrier assessed a $10,000 civil penalty pursuant
 1574  to 49 C.F.R. s. 383.53, in addition to any other penalties
 1575  imposed on the driver or other responsible person. Any person
 1576  who knowingly drives, operates, or causes to be operated any
 1577  commercial motor vehicle in violation of an out-of-service order
 1578  issued by the department in accordance with this section commits
 1579  a felony of the third degree, punishable as provided in s.
 1580  775.082(2)(e) s. 775.082(3)(e). Any costs associated with the
 1581  impoundment or storage of such vehicles are the responsibility
 1582  of the motor carrier. Vehicle out-of-service orders may be
 1583  rescinded when the department receives proof of authorization
 1584  for the motor carrier to resume operation.
 1585         Section 33. Subsection (3) of section 373.409, Florida
 1586  Statutes, is amended to read:
 1587         373.409 Headgates, valves, and measuring devices.—
 1588         (3) No person shall alter or tamper with a measuring device
 1589  so as to cause it to register other than the actual amount of
 1590  water diverted, discharged, or taken. Violation of this
 1591  subsection shall be a misdemeanor of the second degree,
 1592  punishable under s. 775.082(3)(b) s. 775.082(4)(b).
 1593         Section 34. Subsections (3), (4), and (5) of section
 1594  373.430, Florida Statutes, are amended to read:
 1595         373.430 Prohibitions, violation, penalty, intent.—
 1596         (3) A person who willfully commits a violation specified in
 1597  paragraph (1)(a) commits a felony of the third degree,
 1598  punishable as provided in ss. 775.082(2)(e) 775.082(3)(e) and
 1599  775.083(1)(g), by a fine of not more than $50,000 or by
 1600  imprisonment for 5 years, or by both, for each offense. Each day
 1601  during any portion of which such violation occurs constitutes a
 1602  separate offense.
 1603         (4) A person who commits a violation specified in paragraph
 1604  (1)(a) or paragraph (1)(b) due to reckless indifference or gross
 1605  careless disregard commits a misdemeanor of the second degree,
 1606  punishable as provided in ss. 775.082(3)(b) 775.082(4)(b) and
 1607  775.083(1)(g), by a fine of not more than $10,000 or 60 days in
 1608  jail, or by both, for each offense.
 1609         (5) A person who willfully commits a violation specified in
 1610  paragraph (1)(b) or who commits a violation specified in
 1611  paragraph (1)(c) commits a misdemeanor of the first degree,
 1612  punishable as provided in ss. 775.082(3)(a) 775.082(4)(a) and
 1613  775.083(1)(g), by a fine of not more than $10,000 or by 6 months
 1614  in jail, or by both, for each offense.
 1615         Section 35. Subsections (3) and (4) of section 376.302,
 1616  Florida Statutes, are amended to read:
 1617         376.302 Prohibited acts; penalties.—
 1618         (3) Any person who willfully commits a violation specified
 1619  in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a
 1620  misdemeanor of the first degree punishable as provided in ss.
 1621  775.082(3)(a) 775.082(4)(a) and 775.083(1)(g), by a fine of not
 1622  less than $2,500 or more than $25,000, or punishable by 1 year
 1623  in jail, or by both for each offense. Each day during any
 1624  portion of which such violation occurs constitutes a separate
 1625  offense.
 1626         (4) Any person who commits a violation specified in
 1627  paragraph (1)(c) shall be guilty of a misdemeanor of the first
 1628  degree punishable as provided in ss. 775.082(3)(a) 775.082(4)(a)
 1629  and 775.083(1)(g), by a fine of not more than $10,000, or by 6
 1630  months in jail, or by both for each offense.
 1631         Section 36. Subsections (3), (4), and (5) of section
 1632  403.161, Florida Statutes, are amended to read:
 1633         403.161 Prohibitions, violation, penalty, intent.—
 1634         (3) A person who willfully commits a violation specified in
 1635  paragraph (1)(a) commits a felony of the third degree,
 1636  punishable as provided in ss. 775.082(2)(e) 775.082(3)(e) and
 1637  775.083(1)(g) by a fine of not more than $50,000 or by
 1638  imprisonment for 5 years, or by both, for each offense. Each day
 1639  during any portion of which such violation occurs constitutes a
 1640  separate offense.
 1641         (4) A person who commits a violation specified in paragraph
 1642  (1)(a) or paragraph (1)(b) due to reckless indifference or gross
 1643  careless disregard commits a misdemeanor of the second degree,
 1644  punishable as provided in ss. 775.082(3)(b) 775.082(4)(b) and
 1645  775.083(1)(g) by a fine of not more than $10,000 or by 60 days
 1646  in jail, or by both, for each offense.
 1647         (5) A person who willfully commits a violation specified in
 1648  paragraph (1)(b) or who commits a violation specified in
 1649  paragraph (1)(c) commits a misdemeanor of the first degree
 1650  punishable as provided in ss. 775.082(3)(a) 775.082(4)(a) and
 1651  775.083(1)(g) by a fine of not more than $10,000 or by 6 months
 1652  in jail, or by both for each offense.
 1653         Section 37. Subsection (2) of section 448.09, Florida
 1654  Statutes, is amended to read:
 1655         448.09 Unauthorized aliens; employment prohibited.—
 1656         (2) The first violation of subsection (1) shall be a
 1657  noncriminal violation as defined in s. 775.08(3) and, upon
 1658  conviction, shall be punishable as provided in s. 775.082(4) s.
 1659  775.082(5) by a civil fine of not more than $500, regardless of
 1660  the number of aliens with respect to whom the violation
 1661  occurred.
 1662         Section 38. Section 504.013, Florida Statutes, is amended
 1663  to read:
 1664         504.013 Penalties.—Any person, firm, or corporation engaged
 1665  in the business of the retail vending of fresh fruits, fresh
 1666  vegetables, bee pollen, or honey who willfully and knowingly
 1667  removes any labels or identifying marks from fruits, vegetables,
 1668  bee pollen, or honey so labeled is guilty of a noncriminal
 1669  violation as defined in s. 775.08(3) and upon conviction shall
 1670  be punished as provided in s. 775.082(4) s. 775.082(5) by a
 1671  civil fine of not more than $500.
 1672         Section 39. Paragraph (c) of subsection (3) of section
 1673  648.571, Florida Statutes, is amended to read:
 1674         648.571 Failure to return collateral; penalty.—
 1675         (3)
 1676         (c) Allowable expenses incurred in apprehending a defendant
 1677  because of a bond forfeiture or judgment under s. 903.29 may be
 1678  deducted if such expenses are accounted for. The failure to
 1679  return collateral under these terms is punishable as follows:
 1680         1. If the collateral is of a value less than $100, as
 1681  provided in s. 775.082(3)(a) s. 775.082(4)(a).
 1682         2. If the collateral is of a value of $100 or more, as
 1683  provided in s. 775.082(2)(e) s. 775.082(3)(e).
 1684         3. If the collateral is of a value of $1,500 or more, as
 1685  provided in s. 775.082(2)(d) s. 775.082(3)(d).
 1686         4. If the collateral is of a value of $10,000 or more, as
 1687  provided in s. 775.082(2)(b) s. 775.082(3)(b).
 1688         Section 40. Paragraph (a) of subsection (2) of section
 1689  775.261, Florida Statutes, is amended to read:
 1690         775.261 The Florida Career Offender Registration Act.—
 1691         (2) DEFINITIONS.—As used in this section, the term:
 1692         (a) “Career offender” means any person who is designated as
 1693  a habitual violent felony offender, a violent career criminal,
 1694  or a three-time violent felony offender under s. 775.084 or as a
 1695  prison releasee reoffender under s. 775.082(8) s. 775.082(9).
 1696         Section 41. Paragraph (g) of subsection (3) of section
 1697  787.06, Florida Statutes, is amended to read:
 1698         787.06 Human trafficking.—
 1699         (3) Any person who knowingly, or in reckless disregard of
 1700  the facts, engages in human trafficking, or attempts to engage
 1701  in human trafficking, or benefits financially by receiving
 1702  anything of value from participation in a venture that has
 1703  subjected a person to human trafficking:
 1704         (g) For commercial sexual activity in which any child under
 1705  the age of 18, or in which any person who is mentally defective
 1706  or mentally incapacitated as those terms are defined in s.
 1707  794.011(1), is involved commits a life felony, punishable as
 1708  provided in s. 775.082(2)(a)6. s. 775.082(3)(a)6., s. 775.083,
 1709  or s. 775.084.
 1710  
 1711  For each instance of human trafficking of any individual under
 1712  this subsection, a separate crime is committed and a separate
 1713  punishment is authorized.
 1714         Section 42. Subsection (6) of section 794.0115, Florida
 1715  Statutes, is amended to read:
 1716         794.0115 Dangerous sexual felony offender; mandatory
 1717  sentencing.—
 1718         (6) Notwithstanding s. 775.082(2) s. 775.082(3), chapter
 1719  958, any other law, or any interpretation or construction
 1720  thereof, a person subject to sentencing under this section must
 1721  be sentenced to the mandatory term of imprisonment provided
 1722  under this section. If the mandatory minimum term of
 1723  imprisonment imposed under this section exceeds the maximum
 1724  sentence authorized under s. 775.082, s. 775.084, or chapter
 1725  921, the mandatory minimum term of imprisonment under this
 1726  section must be imposed. If the mandatory minimum term of
 1727  imprisonment under this section is less than the sentence that
 1728  could be imposed under s. 775.082, s. 775.084, or chapter 921,
 1729  the sentence imposed must include the mandatory minimum term of
 1730  imprisonment under this section.
 1731         Section 43. Paragraph (b) of subsection (5) of section
 1732  800.04, Florida Statutes, is amended to read:
 1733         800.04 Lewd or lascivious offenses committed upon or in the
 1734  presence of persons less than 16 years of age.—
 1735         (5) LEWD OR LASCIVIOUS MOLESTATION.—
 1736         (b) An offender 18 years of age or older who commits lewd
 1737  or lascivious molestation against a victim less than 12 years of
 1738  age commits a life felony, punishable as provided in s.
 1739  775.082(2)(a)4. s. 775.082(3)(a)4.
 1740         Section 44. Paragraph (c) of subsection (4) of section
 1741  907.041, Florida Statutes, is amended to read:
 1742         907.041 Pretrial detention and release.—
 1743         (4) PRETRIAL DETENTION.—
 1744         (c) The court may order pretrial detention if it finds a
 1745  substantial probability, based on a defendant’s past and present
 1746  patterns of behavior, the criteria in s. 903.046, and any other
 1747  relevant facts, that any of the following circumstances exist:
 1748         1. The defendant has previously violated conditions of
 1749  release and that no further conditions of release are reasonably
 1750  likely to assure the defendant’s appearance at subsequent
 1751  proceedings;
 1752         2. The defendant, with the intent to obstruct the judicial
 1753  process, has threatened, intimidated, or injured any victim,
 1754  potential witness, juror, or judicial officer, or has attempted
 1755  or conspired to do so, and that no condition of release will
 1756  reasonably prevent the obstruction of the judicial process;
 1757         3. The defendant is charged with trafficking in controlled
 1758  substances as defined by s. 893.135, that there is a substantial
 1759  probability that the defendant has committed the offense, and
 1760  that no conditions of release will reasonably assure the
 1761  defendant’s appearance at subsequent criminal proceedings;
 1762         4. The defendant is charged with DUI manslaughter, as
 1763  defined by s. 316.193, and that there is a substantial
 1764  probability that the defendant committed the crime and that the
 1765  defendant poses a threat of harm to the community; conditions
 1766  that would support a finding by the court pursuant to this
 1767  subparagraph that the defendant poses a threat of harm to the
 1768  community include, but are not limited to, any of the following:
 1769         a. The defendant has previously been convicted of any crime
 1770  under s. 316.193, or of any crime in any other state or
 1771  territory of the United States that is substantially similar to
 1772  any crime under s. 316.193;
 1773         b. The defendant was driving with a suspended driver
 1774  license when the charged crime was committed; or
 1775         c. The defendant has previously been found guilty of, or
 1776  has had adjudication of guilt withheld for, driving while the
 1777  defendant’s driver license was suspended or revoked in violation
 1778  of s. 322.34;
 1779         5. The defendant poses the threat of harm to the community.
 1780  The court may so conclude, if it finds that the defendant is
 1781  presently charged with a dangerous crime, that there is a
 1782  substantial probability that the defendant committed such crime,
 1783  that the factual circumstances of the crime indicate a disregard
 1784  for the safety of the community, and that there are no
 1785  conditions of release reasonably sufficient to protect the
 1786  community from the risk of physical harm to persons;
 1787         6. The defendant was on probation, parole, or other release
 1788  pending completion of sentence or on pretrial release for a
 1789  dangerous crime at the time the current offense was committed;
 1790         7. The defendant has violated one or more conditions of
 1791  pretrial release or bond for the offense currently before the
 1792  court and the violation, in the discretion of the court,
 1793  supports a finding that no conditions of release can reasonably
 1794  protect the community from risk of physical harm to persons or
 1795  assure the presence of the accused at trial; or
 1796         8.a. The defendant has ever been sentenced pursuant to s.
 1797  775.082(8) s. 775.082(9) or s. 775.084 as a prison releasee
 1798  reoffender, habitual violent felony offender, three-time violent
 1799  felony offender, or violent career criminal, or the state
 1800  attorney files a notice seeking that the defendant be sentenced
 1801  pursuant to s. 775.082(8) s. 775.082(9) or s. 775.084, as a
 1802  prison releasee reoffender, habitual violent felony offender,
 1803  three-time violent felony offender, or violent career criminal;
 1804         b. There is a substantial probability that the defendant
 1805  committed the offense; and
 1806         c. There are no conditions of release that can reasonably
 1807  protect the community from risk of physical harm or ensure the
 1808  presence of the accused at trial.
 1809         Section 45. Subsection (1) of section 921.1401, Florida
 1810  Statutes, is amended to read:
 1811         921.1401 Sentence of life imprisonment for persons who are
 1812  under the age of 18 years at the time of the offense; sentencing
 1813  proceedings.—
 1814         (1) Upon conviction or adjudication of guilt of an offense
 1815  described in s. 775.082(1)(b), s. 775.082(2)(a)5. s.
 1816  775.082(3)(a)5., s. 775.082(2)(b)2. s. 775.082(3)(b)2., or s.
 1817  775.082(2)(c) s. 775.082(3)(c) which was committed on or after
 1818  July 1, 2014, the court may conduct a separate sentencing
 1819  hearing to determine if a term of imprisonment for life or a
 1820  term of years equal to life imprisonment is an appropriate
 1821  sentence.
 1822         Section 46. Paragraphs (b), (c), and (d) of subsection (2)
 1823  of section 921.1402, Florida Statutes, are amended to read:
 1824         921.1402 Review of sentences for persons convicted of
 1825  specified offenses committed while under the age of 18 years.—
 1826         (2)
 1827         (b) A juvenile offender sentenced to a term of more than 25
 1828  years under s. 775.082(2)(a)5.a. s. 775.082(3)(a)5.a. or s.
 1829  775.082(2)(b)2.a. s. 775.082(3)(b)2.a. is entitled to a review
 1830  of his or her sentence after 25 years.
 1831         (c) A juvenile offender sentenced to a term of more than 15
 1832  years under s. 775.082(1)(b)2., s. 775.082(2)(a)5.b. s.
 1833  775.082(3)(a)5.b., or s. 775.082(2)(b)2.b. s. 775.082(3)(b)2.b.
 1834  is entitled to a review of his or her sentence after 15 years.
 1835         (d) A juvenile offender sentenced to a term of 20 years or
 1836  more under s. 775.082(2)(c) s. 775.082(3)(c) is entitled to a
 1837  review of his or her sentence after 20 years. If the juvenile
 1838  offender is not resentenced at the initial review hearing, he or
 1839  she is eligible for one subsequent review hearing 10 years after
 1840  the initial review hearing.
 1841         Section 47. Paragraph (c) of subsection (3) of section
 1842  944.17, Florida Statutes, is amended to read:
 1843         944.17 Commitments and classification; transfers.—
 1844         (3)
 1845         (c)1. When the highest ranking offense for which the
 1846  prisoner is convicted is a felony, the trial court shall
 1847  sentence the prisoner pursuant to the Criminal Punishment Code
 1848  in chapter 921.
 1849         2. When the highest ranking offense for which the prisoner
 1850  is convicted is a misdemeanor, the trial court shall sentence
 1851  the prisoner pursuant to s. 775.082(3) s. 775.082(4).
 1852         Section 48. Subsection (1) of section 944.608, Florida
 1853  Statutes, is amended to read:
 1854         944.608 Notification to Department of Law Enforcement of
 1855  information on career offenders.—
 1856         (1) As used in this section, the term “career offender”
 1857  means a person who is in the custody or control of, or under the
 1858  supervision of, the department or is in the custody or control
 1859  of, or under the supervision of, a private correctional
 1860  facility, and who is designated as a habitual violent felony
 1861  offender, a violent career criminal, or a three-time violent
 1862  felony offender under s. 775.084 or as a prison releasee
 1863  reoffender under s. 775.082(8) s. 775.082(9).
 1864         Section 49. Subsection (1) of section 944.609, Florida
 1865  Statutes, is amended to read:
 1866         944.609 Career offenders; notification upon release.—
 1867         (1) As used in this section, the term “career offender”
 1868  means a person who is in the custody or control of, or under the
 1869  supervision of, the department or is in the custody or control
 1870  of, or under the supervision of a private correctional facility,
 1871  who is designated as a habitual violent felony offender, a
 1872  violent career criminal, or a three-time violent felony offender
 1873  under s. 775.084 or as a prison releasee reoffender under s.
 1874  775.082(8) s. 775.082(9).
 1875         Section 50. Subsection (7) of section 944.705, Florida
 1876  Statutes, is amended to read:
 1877         944.705 Release orientation program.—
 1878         (7)(a) The department shall notify every inmate in the
 1879  inmate’s release documents:
 1880         1. Of all outstanding terms of the inmate’s sentence at the
 1881  time of release to assist the inmate in determining his or her
 1882  status with regard to the completion of all terms of sentence,
 1883  as that term is defined in s. 98.0751. This subparagraph does
 1884  not apply to inmates who are being released from the custody of
 1885  the department to any type of supervision monitored by the
 1886  department; and
 1887         2. In not less than 18-point type, that the inmate may be
 1888  sentenced pursuant to s. 775.082(8) s. 775.082(9) if the inmate
 1889  commits any felony offense described in s. 775.082(8) s.
 1890  775.082(9) within 3 years after the inmate’s release. This
 1891  notice must be prefaced by the word “WARNING” in boldfaced type.
 1892         (b) This section does not preclude the sentencing of a
 1893  person pursuant to s. 775.082(8) s. 775.082(9), and evidence
 1894  that the department failed to provide this notice does not
 1895  prohibit a person from being sentenced pursuant to s. 775.082(8)
 1896  s. 775.082(9). The state is not required to demonstrate that a
 1897  person received any notice from the department in order for the
 1898  court to impose a sentence pursuant to s. 775.082(8) s.
 1899  775.082(9).
 1900         Section 51. This act shall take effect upon becoming a law.