Florida Senate - 2023                                     SB 206
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-00552-23                                            2023206__
    1                        A bill to be entitled                      
    2         An act relating to criminal rehabilitation; amending
    3         s. 921.002, F.S.; revising the legislative intent of
    4         the Criminal Punishment Code; specifying that one of
    5         the dual purposes of sentencing is to rehabilitate the
    6         offender to transition back to the community
    7         successfully; reducing the minimum sentence that must
    8         be served by a defendant; conforming provisions to
    9         changes made by the act; amending s. 944.275, F.S.;
   10         revising provisions concerning gain-time to provide
   11         for outstanding deed gain-time, good behavior time,
   12         and rehabilitation credits; providing requirements for
   13         such gain-time and credits; providing for amounts to
   14         be awarded; revising limits on the award of gain-time;
   15         reducing the minimum sentence that must be served by a
   16         defendant; amending ss. 316.027, 316.1935, 381.004,
   17         775.084, 775.0845, 775.0847, 775.0861, 775.0862,
   18         775.087, 775.0875, 777.03, 777.04, 784.07, 794.011,
   19         794.0115, 794.023, 812.081, 817.568, 831.032, 843.22,
   20         874.04, 944.281, 944.473, 944.70, 944.801, and
   21         947.005, F.S.; conforming provisions to changes made
   22         by the act; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (1) of section 921.002, Florida
   27  Statutes, is amended to read:
   28         921.002 The Criminal Punishment Code.—The Criminal
   29  Punishment Code shall apply to all felony offenses, except
   30  capital felonies, committed on or after October 1, 1998.
   31         (1) The provision of criminal penalties and of limitations
   32  upon the application of such penalties is a matter of
   33  predominantly substantive law and, as such, is a matter properly
   34  addressed by the Legislature. The Legislature, in the exercise
   35  of its authority and responsibility to establish sentencing
   36  criteria, to provide for the imposition of criminal penalties,
   37  and to make the best use of state prisons so that violent
   38  criminal offenders are appropriately punished and rehabilitated
   39  incarcerated, has determined that it is in the best interest of
   40  the state to develop, implement, and revise a sentencing policy.
   41  The Criminal Punishment Code embodies the principles that:
   42         (a) Sentencing is neutral with respect to race, gender, and
   43  social and economic status.
   44         (b) The dual purposes primary purpose of sentencing in the
   45  criminal justice system are is to punish the offender and
   46  rehabilitate the offender to transition back to the community
   47  successfully. Rehabilitation is a desired goal of the criminal
   48  justice system but is subordinate to the goal of punishment.
   49         (c) The penalty imposed is commensurate with the severity
   50  of the primary offense and the circumstances surrounding the
   51  primary offense.
   52         (d) The severity of the sentence increases with the length
   53  and nature of the offender’s prior record.
   54         (e) The sentence imposed by the sentencing judge reflects
   55  the length of actual time to be served, shortened only by the
   56  application of outstanding deed incentive and meritorious gain
   57  time, good behavior time, and rehabilitation credits as provided
   58  by law, and may not be shortened if the defendant would
   59  consequently serve less than 65 85 percent of his or her term of
   60  imprisonment as provided in s. 944.275(4). The provisions of
   61  chapter 947, relating to parole, shall not apply to persons
   62  sentenced under the Criminal Punishment Code.
   63         (f) Departures below the lowest permissible sentence
   64  established by the code must be articulated in writing by the
   65  trial court judge and made only when circumstances or factors
   66  reasonably justify the mitigation of the sentence. The level of
   67  proof necessary to establish facts that support a departure from
   68  the lowest permissible sentence is a preponderance of the
   69  evidence.
   70         (g) The trial court judge may impose a sentence up to and
   71  including the statutory maximum for any offense, including an
   72  offense that is before the court due to a violation of probation
   73  or community control.
   74         (h) A sentence may be appealed on the basis that it departs
   75  from the Criminal Punishment Code only if the sentence is below
   76  the lowest permissible sentence or as enumerated in s.
   77  924.06(1).
   78         (i) Use of incarcerative sanctions is prioritized toward
   79  offenders convicted of serious offenses and certain offenders
   80  who have long prior records, in order to maximize the finite
   81  capacities of state and local correctional facilities.
   82         Section 2. Section 944.275, Florida Statutes, is amended to
   83  read:
   84         944.275 Outstanding deed gain-time, good behavior time, and
   85  rehabilitation credits.—
   86         (1) The department is authorized to grant deductions from
   87  sentences in the form of outstanding deed gain-time, good
   88  behavior time, and rehabilitation credits in order to encourage
   89  satisfactory prisoner behavior, to provide incentive for
   90  prisoners to participate in productive activities, and to reward
   91  prisoners who perform outstanding deeds or services.
   92         (2)(a) The department shall establish for each prisoner
   93  sentenced to a term of years a “maximum sentence expiration
   94  date,” which shall be the date when the sentence or combined
   95  sentences imposed on a prisoner will expire. In establishing
   96  this date, the department shall reduce the total time to be
   97  served by any time lawfully credited.
   98         (b) When a prisoner with an established maximum sentence
   99  expiration date is sentenced to an additional term or terms
  100  without having been released from custody, the department shall
  101  extend the maximum sentence expiration date by the length of
  102  time imposed in the new sentence or sentences, less lawful
  103  credits.
  104         (c) When an escaped prisoner or a parole violator is
  105  returned to the custody of the department, the maximum sentence
  106  expiration date in effect when the escape occurred or the parole
  107  was effective shall be extended by the amount of time the
  108  prisoner was not in custody plus the time imposed in any new
  109  sentence or sentences, but reduced by any lawful credits.
  110         (3)(a) The department shall also establish for each
  111  prisoner sentenced to a term of years a “tentative release date”
  112  which shall be the date projected for the prisoner’s release
  113  from custody by virtue of outstanding deed gain-time, good
  114  behavior time, or rehabilitation credits granted or forfeited as
  115  described in this section. The initial tentative release date
  116  shall be determined by deducting outstanding deed basic gain
  117  time, good behavior time, or rehabilitation credits granted from
  118  the maximum sentence expiration date. Outstanding deed Other
  119  gain-time, good behavior time, and rehabilitation credits shall
  120  be applied when granted or restored to make the tentative
  121  release date proportionately earlier,; and forfeitures of good
  122  behavior time gain-time, when ordered, shall be applied to make
  123  the tentative release date proportionately later.
  124         (b) When an initial tentative release date is reestablished
  125  because of additional sentences imposed before the prisoner has
  126  completely served all prior sentences, any outstanding deed
  127  gain-time, good behavior time, or rehabilitation credits granted
  128  during service of a prior sentence and not forfeited shall be
  129  applied.
  130         (c) The tentative release date may not be later than the
  131  maximum sentence expiration date.
  132         (4)(a) As a means of encouraging satisfactory behavior and
  133  developing character traits necessary for successful reentry,
  134  the department shall grant good behavior time basic gain-time at
  135  the rate of 10 days for each month of each sentence imposed on a
  136  prisoner, subject to the following:
  137         1. Portions of any sentences to be served concurrently
  138  shall be treated as a single sentence when determining good
  139  behavior time basic gain-time.
  140         2. Good behavior time Basic gain-time for a partial month
  141  shall be prorated on the basis of a 30-day month.
  142         3. When a prisoner receives a new maximum sentence
  143  expiration date because of additional sentences imposed, good
  144  behavior time basic gain-time shall be granted for the amount of
  145  time the maximum sentence expiration date was extended.
  146         (b) For each month in which an inmate works diligently,
  147  participates in training or education, uses time constructively,
  148  or otherwise engages in positive activities, the department may
  149  grant rehabilitation credits incentive gain-time in accordance
  150  with this paragraph. The rate of rehabilitation credits
  151  incentive gain-time in effect on the date the inmate committed
  152  the offense which resulted in his or her incarceration shall be
  153  the inmate’s rate of eligibility to earn rehabilitation credits
  154  incentive gain-time throughout the period of incarceration and
  155  shall not be altered by a subsequent change in the severity
  156  level of the offense for which the inmate was sentenced.
  157         1. For sentences imposed for offenses committed before
  158  prior to January 1, 1994, and after October 1, 1995, up to 20
  159  days of rehabilitation credits incentive gain-time may be
  160  granted. If granted, such rehabilitation credits gain-time shall
  161  be credited and applied monthly.
  162         2. For sentences imposed for offenses committed on or after
  163  January 1, 1994, and before October 1, 1995:
  164         a. For offenses ranked in offense severity levels 1 through
  165  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
  166  of rehabilitation credits incentive gain-time may be granted. If
  167  granted, such rehabilitation credits gain-time shall be credited
  168  and applied monthly.
  169         b. For offenses ranked in offense severity levels 8, 9, and
  170  10, under former s. 921.0012 or former s. 921.0013, up to 20
  171  days of incentive gain-time may be granted. If granted, such
  172  gain-time shall be credited and applied monthly.
  173         3.For sentences imposed for offenses committed on or after
  174  October 1, 1995, the department may grant up to 10 days per
  175  month of incentive gain-time.
  176         (c) An inmate who performs some outstanding deed, such as
  177  saving a life or assisting in recapturing an escaped inmate, or
  178  who in some manner performs an outstanding service that would
  179  merit the granting of additional deductions from the term of his
  180  or her sentence may be granted outstanding deed meritorious
  181  gain-time of from 30 1 to 60 days per outstanding deed
  182  performed.
  183         (d) Notwithstanding the monthly maximum awards of
  184  rehabilitation credits incentive gain-time under subparagraphs
  185  (b)1. and, 2., and 3., the education program manager shall
  186  recommend, and the department shall of Corrections may grant
  187  awards, a one-time award of 60 additional days of rehabilitation
  188  credits to prisoners for successful completion of each of the
  189  following: incentive gain-time to an inmate who is otherwise
  190  eligible and who successfully completes requirements for and is,
  191  or has been during the current commitment, awarded a high school
  192  equivalency diploma, college degree, or vocational certificate
  193  or a drug treatment program, mental health treatment program,
  194  life skills program, behavioral modification program, or reentry
  195  program, or any equivalent rehabilitative program. Additionally,
  196  the department shall grant 5 additional days of rehabilitation
  197  credits for successful completion of any other department
  198  approved program, including inmate-developed programs, or a
  199  passing grade in each online or in-person educational course.
  200  Rehabilitation credits awarded under this paragraph shall be
  201  retroactive. Under no circumstances may an inmate receive more
  202  than 60 days for educational attainment pursuant to this
  203  section.
  204         (e)Notwithstanding the monthly maximum awards of
  205  rehabilitation credits under subparagraphs (b)1. and 2., the
  206  department may grant 2 additional days per month of good
  207  behavior time to prisoners serving sentences for violations of
  208  ss. 893.13 and 893.135. Good behavior time granted under this
  209  paragraph shall be retroactive.
  210         (f)(e) Notwithstanding subparagraph (b)1. (b)3., for
  211  sentences imposed for offenses committed on or after October 1,
  212  2014, the department may not grant rehabilitation credits
  213  incentive gain-time if the offense is a violation of s.
  214  782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
  215  3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
  216  825.1025; or s. 847.0135(5).
  217         (g)1.(f) An inmate who is subject to this subsection
  218  subparagraph (b)3. is not eligible to earn or receive
  219  outstanding deed gain-time or good behavior time under paragraph
  220  (a), paragraph (b), paragraph (c), or paragraph (d) or any other
  221  type of gain-time in an amount that would cause a sentence to
  222  expire, end, or terminate, or that would result in a prisoner’s
  223  release, before prior to serving a minimum of 85 percent of the
  224  sentence imposed. For purposes of this paragraph, credits
  225  awarded by the court for time physically incarcerated shall be
  226  credited toward satisfaction of 85 percent of the sentence
  227  imposed.
  228         2.A prisoner who is subject to this subsection may not
  229  accumulate rehabilitation credits as described in paragraph (d)
  230  in an amount that would allow a sentence to expire, end, or
  231  terminate, or that would result in a prisoner’s release, before
  232  serving a minimum of 65 percent of the sentence imposed.
  233         3. Except as provided by this section, a prisoner may not
  234  accumulate further gain-time awards at any point when the
  235  tentative release date is the same as that date at which the
  236  prisoner will have served 65 85 percent of the sentence imposed.
  237  State prisoners sentenced to life imprisonment shall be
  238  incarcerated for the rest of their natural lives, unless granted
  239  pardon or clemency.
  240         (5) When a prisoner is found guilty of an infraction of the
  241  laws of this state or the rules of the department, good behavior
  242  time not yet vested gain-time may be forfeited according to law
  243  after due process. For purposes of this subsection, good
  244  behavior time is deemed vested 2 years after being granted.
  245         (6)(a) Good behavior time Basic gain-time under this
  246  section shall be computed on and applied to all sentences
  247  imposed for offenses committed on or after July 1, 1978, and
  248  before January 1, 1994.
  249         (b) All outstanding deed incentive and meritorious gain
  250  time, good behavior time, and rehabilitation credits are is
  251  granted according to this section.
  252         (c) All additional gain-time previously awarded under
  253  former subsections (2) and (3) and all forfeitures ordered
  254  before prior to the effective date of the act that created this
  255  section shall remain in effect and be applied in establishing an
  256  initial tentative release date.
  257         (7) The department shall adopt rules to implement the
  258  granting, forfeiture, restoration, and deletion of outstanding
  259  deed gain-time, good behavior time, and rehabilitation credits.
  260         Section 3. Paragraph (f) of subsection (2) of section
  261  316.027, Florida Statutes, is amended to read:
  262         316.027 Crash involving death or personal injuries.—
  263         (2)
  264         (f) For purposes of sentencing under chapter 921 and
  265  determining rehabilitation credit incentive gain-time
  266  eligibility under chapter 944, an offense listed in this
  267  subsection is ranked one level above the ranking specified in s.
  268  921.0022 or s. 921.0023 for the offense committed if the victim
  269  of the offense was a vulnerable road user.
  270         Section 4. Subsection (6) of section 316.1935, Florida
  271  Statutes, is amended to read:
  272         316.1935 Fleeing or attempting to elude a law enforcement
  273  officer; aggravated fleeing or eluding.—
  274         (6) Notwithstanding s. 948.01, no court may suspend, defer,
  275  or withhold adjudication of guilt or imposition of sentence for
  276  any violation of this section. A person convicted and sentenced
  277  to a mandatory minimum term of incarceration under paragraph
  278  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
  279  time or credits under s. 944.275 or any form of discretionary
  280  early release, other than pardon or executive clemency or
  281  conditional medical release under s. 947.149, before prior to
  282  serving the mandatory minimum sentence.
  283         Section 5. Paragraph (h) of subsection (2) of section
  284  381.004, Florida Statutes, is amended to read:
  285         381.004 HIV testing.—
  286         (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
  287  RESULTS; COUNSELING; CONFIDENTIALITY.—
  288         (h) Paragraph (a) does not apply:
  289         1. When testing for sexually transmissible diseases is
  290  required by state or federal law, or by rule, including the
  291  following situations:
  292         a. HIV testing pursuant to s. 796.08 of persons convicted
  293  of prostitution or of procuring another to commit prostitution.
  294         b. HIV testing of inmates pursuant to s. 945.355 before
  295  their release from prison by reason of parole, accumulation of
  296  gain-time or other credits, or expiration of sentence.
  297         c. Testing for HIV by a medical examiner in accordance with
  298  s. 406.11.
  299         d. HIV testing of pregnant women pursuant to s. 384.31.
  300         2. To those exceptions provided for blood, plasma, organs,
  301  skin, semen, or other human tissue pursuant to s. 381.0041.
  302         3. For the performance of an HIV-related test by licensed
  303  medical personnel in bona fide medical emergencies if the test
  304  results are necessary for medical diagnostic purposes to provide
  305  appropriate emergency care or treatment to the person being
  306  tested and the patient is unable to consent, as supported by
  307  documentation in the medical record. Notification of test
  308  results in accordance with paragraph (c) is required.
  309         4. For the performance of an HIV-related test by licensed
  310  medical personnel for medical diagnosis of acute illness where,
  311  in the opinion of the attending physician, providing
  312  notification would be detrimental to the patient, as supported
  313  by documentation in the medical record, and the test results are
  314  necessary for medical diagnostic purposes to provide appropriate
  315  care or treatment to the person being tested. Notification of
  316  test results in accordance with paragraph (c) is required if it
  317  would not be detrimental to the patient. This subparagraph does
  318  not authorize the routine testing of patients for HIV infection
  319  without notification.
  320         5. If HIV testing is performed as part of an autopsy for
  321  which consent was obtained pursuant to s. 872.04.
  322         6. For the performance of an HIV test upon a defendant
  323  pursuant to the victim’s request in a prosecution for any type
  324  of sexual battery where a blood sample is taken from the
  325  defendant voluntarily, pursuant to court order for any purpose,
  326  or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however,
  327  the results of an HIV test performed shall be disclosed solely
  328  to the victim and the defendant, except as provided in ss.
  329  775.0877, 951.27, and 960.003.
  330         7. If an HIV test is mandated by court order.
  331         8. For epidemiological research pursuant to s. 381.0031,
  332  for research consistent with institutional review boards created
  333  by 45 C.F.R. part 46, or for the performance of an HIV-related
  334  test for the purpose of research, if the testing is performed in
  335  a manner by which the identity of the test subject is not known
  336  and may not be retrieved by the researcher.
  337         9. If human tissue is collected lawfully without the
  338  consent of the donor for corneal removal as authorized by s.
  339  765.5185 or enucleation of the eyes as authorized by s. 765.519.
  340         10. For the performance of an HIV test upon an individual
  341  who comes into contact with medical personnel in such a way that
  342  a significant exposure has occurred during the course of
  343  employment, within the scope of practice, or during the course
  344  of providing emergency medical assistance to the individual. The
  345  term “medical personnel” includes a licensed or certified health
  346  care professional; an employee of a health care professional or
  347  health care facility; employees of a laboratory licensed under
  348  chapter 483; personnel of a blood bank or plasma center; a
  349  medical student or other student who is receiving training as a
  350  health care professional at a health care facility; and a
  351  paramedic or emergency medical technician certified by the
  352  department to perform life-support procedures under s. 401.23.
  353         a. The occurrence of a significant exposure shall be
  354  documented by medical personnel under the supervision of a
  355  licensed physician and recorded only in the personnel record of
  356  the medical personnel.
  357         b. Costs of an HIV test shall be borne by the medical
  358  personnel or the employer of the medical personnel. However,
  359  costs of testing or treatment not directly related to the
  360  initial HIV tests or costs of subsequent testing or treatment
  361  may not be borne by the medical personnel or the employer of the
  362  medical personnel.
  363         c. In order to use the provisions of this subparagraph, the
  364  medical personnel must be tested for HIV pursuant to this
  365  section or provide the results of an HIV test taken within 6
  366  months before the significant exposure if such test results are
  367  negative.
  368         d. A person who receives the results of an HIV test
  369  pursuant to this subparagraph shall maintain the confidentiality
  370  of the information received and of the persons tested. Such
  371  confidential information is exempt from s. 119.07(1).
  372         e. If the source of the exposure is not available and will
  373  not voluntarily present himself or herself to a health facility
  374  to be tested for HIV, the medical personnel or the employer of
  375  such person acting on behalf of the employee may seek a court
  376  order directing the source of the exposure to submit to HIV
  377  testing. A sworn statement by a physician licensed under chapter
  378  458 or chapter 459 that a significant exposure has occurred and
  379  that, in the physician’s medical judgment, testing is medically
  380  necessary to determine the course of treatment constitutes
  381  probable cause for the issuance of an order by the court. The
  382  results of the test shall be released to the source of the
  383  exposure and to the person who experienced the exposure.
  384         11. For the performance of an HIV test upon an individual
  385  who comes into contact with nonmedical personnel in such a way
  386  that a significant exposure has occurred while the nonmedical
  387  personnel provides emergency medical assistance during a medical
  388  emergency. For the purposes of this subparagraph, a medical
  389  emergency means an emergency medical condition outside of a
  390  hospital or health care facility that provides physician care.
  391  The test may be performed only during the course of treatment
  392  for the medical emergency.
  393         a. The occurrence of a significant exposure shall be
  394  documented by medical personnel under the supervision of a
  395  licensed physician and recorded in the medical record of the
  396  nonmedical personnel.
  397         b. Costs of any HIV test shall be borne by the nonmedical
  398  personnel or the employer of the nonmedical personnel. However,
  399  costs of testing or treatment not directly related to the
  400  initial HIV tests or costs of subsequent testing or treatment
  401  may not be borne by the nonmedical personnel or the employer of
  402  the nonmedical personnel.
  403         c. In order to use the provisions of this subparagraph, the
  404  nonmedical personnel shall be tested for HIV pursuant to this
  405  section or shall provide the results of an HIV test taken within
  406  6 months before the significant exposure if such test results
  407  are negative.
  408         d. A person who receives the results of an HIV test
  409  pursuant to this subparagraph shall maintain the confidentiality
  410  of the information received and of the persons tested. Such
  411  confidential information is exempt from s. 119.07(1).
  412         e. If the source of the exposure is not available and will
  413  not voluntarily present himself or herself to a health facility
  414  to be tested for HIV, the nonmedical personnel or the employer
  415  of the nonmedical personnel acting on behalf of the employee may
  416  seek a court order directing the source of the exposure to
  417  submit to HIV testing. A sworn statement by a physician licensed
  418  under chapter 458 or chapter 459 that a significant exposure has
  419  occurred and that, in the physician’s medical judgment, testing
  420  is medically necessary to determine the course of treatment
  421  constitutes probable cause for the issuance of an order by the
  422  court. The results of the test shall be released to the source
  423  of the exposure and to the person who experienced the exposure.
  424         12. For the performance of an HIV test by the medical
  425  examiner or attending physician upon an individual who expired
  426  or could not be resuscitated while receiving emergency medical
  427  assistance or care and who was the source of a significant
  428  exposure to medical or nonmedical personnel providing such
  429  assistance or care.
  430         a. HIV testing may be conducted only after appropriate
  431  medical personnel under the supervision of a licensed physician
  432  documents in the medical record of the medical personnel or
  433  nonmedical personnel that there has been a significant exposure
  434  and that, in accordance with the written protocols based on the
  435  National Centers for Disease Control and Prevention guidelines
  436  on HIV postexposure prophylaxis and in the physician’s medical
  437  judgment, the information is medically necessary to determine
  438  the course of treatment for the medical personnel or nonmedical
  439  personnel.
  440         b. Costs of an HIV test performed under this subparagraph
  441  may not be charged to the deceased or to the family of the
  442  deceased person.
  443         c. For this subparagraph to be applicable, the medical
  444  personnel or nonmedical personnel must be tested for HIV under
  445  this section or must provide the results of an HIV test taken
  446  within 6 months before the significant exposure if such test
  447  results are negative.
  448         d. A person who receives the results of an HIV test
  449  pursuant to this subparagraph shall comply with paragraph (e).
  450         13. For the performance of an HIV-related test medically
  451  indicated by licensed medical personnel for medical diagnosis of
  452  a hospitalized infant as necessary to provide appropriate care
  453  and treatment of the infant if, after a reasonable attempt, a
  454  parent cannot be contacted to provide consent. The medical
  455  records of the infant must reflect the reason consent of the
  456  parent was not initially obtained. Test results shall be
  457  provided to the parent when the parent is located.
  458         14. For the performance of HIV testing conducted to monitor
  459  the clinical progress of a patient previously diagnosed to be
  460  HIV positive.
  461         15. For the performance of repeated HIV testing conducted
  462  to monitor possible conversion from a significant exposure.
  463         Section 6. Paragraph (k) of subsection (4) of section
  464  775.084, Florida Statutes, is amended to read:
  465         775.084 Violent career criminals; habitual felony offenders
  466  and habitual violent felony offenders; three-time violent felony
  467  offenders; definitions; procedure; enhanced penalties or
  468  mandatory minimum prison terms.—
  469         (4)
  470         (k)1. A defendant sentenced under this section as a
  471  habitual felony offender, a habitual violent felony offender, or
  472  a violent career criminal is eligible for rehabilitation credits
  473  gain-time granted by the Department of Corrections as provided
  474  in s. 944.275(4)(b).
  475         2. For an offense committed on or after October 1, 1995, a
  476  defendant sentenced under this section as a violent career
  477  criminal is not eligible for any form of discretionary early
  478  release, other than pardon or executive clemency, or conditional
  479  medical release granted pursuant to s. 947.149.
  480         3. For an offense committed on or after July 1, 1999, a
  481  defendant sentenced under this section as a three-time violent
  482  felony offender shall be released only by expiration of sentence
  483  and shall not be eligible for parole, control release, or any
  484  form of early release.
  485         Section 7. Paragraph (b) of subsection (1) and subsection
  486  (2) of section 775.0845, Florida Statutes, are amended to read:
  487         775.0845 Wearing mask while committing offense;
  488  reclassification.—The felony or misdemeanor degree of any
  489  criminal offense, other than a violation of ss. 876.12-876.15,
  490  shall be reclassified to the next higher degree as provided in
  491  this section if, while committing the offense, the offender was
  492  wearing a hood, mask, or other device that concealed his or her
  493  identity.
  494         (1)
  495         (b) In the case of a misdemeanor of the first degree, the
  496  offense is reclassified to a felony of the third degree. For
  497  purposes of sentencing under chapter 921 and determining
  498  rehabilitation credit incentive gain-time eligibility under
  499  chapter 944, such offense is ranked in level 2 of the offense
  500  severity ranking chart.
  501         (2)(a) In the case of a felony of the third degree, the
  502  offense is reclassified to a felony of the second degree.
  503         (b) In the case of a felony of the second degree, the
  504  offense is reclassified to a felony of the first degree.
  505  
  506  For purposes of sentencing under chapter 921 and determining
  507  rehabilitation credit incentive gain-time eligibility under
  508  chapter 944, a felony offense that is reclassified under this
  509  subsection is ranked one level above the ranking under former s.
  510  921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the
  511  offense committed.
  512         Section 8. Subsection (3) of section 775.0847, Florida
  513  Statutes, is amended, and subsection (2) of that section is
  514  republished, to read:
  515         775.0847 Possession or promotion of certain images of child
  516  pornography; reclassification.—
  517         (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  518  s. 847.0138 shall be reclassified to the next higher degree as
  519  provided in subsection (3) if:
  520         (a) The offender possesses 10 or more images of any form of
  521  child pornography regardless of content; and
  522         (b) The content of at least one image contains one or more
  523  of the following:
  524         1. A child who is younger than the age of 5.
  525         2. Sadomasochistic abuse involving a child.
  526         3. Sexual battery involving a child.
  527         4. Sexual bestiality involving a child.
  528         5. Any motion picture, film, video, or computer-generated
  529  motion picture, film, or video involving a child, regardless of
  530  length and regardless of whether the motion picture, film,
  531  video, or computer-generated motion picture, film, or video
  532  contains sound.
  533         (3)(a) In the case of a felony of the third degree, the
  534  offense is reclassified to a felony of the second degree.
  535         (b) In the case of a felony of the second degree, the
  536  offense is reclassified to a felony of the first degree.
  537  
  538  For purposes of sentencing under chapter 921 and determining
  539  rehabilitation credit incentive gain-time eligibility under
  540  chapter 944, a felony offense that is reclassified under this
  541  section is ranked one level above the ranking under s. 921.0022
  542  or s. 921.0023 of the offense committed.
  543         Section 9. Subsection (3) of section 775.0861, Florida
  544  Statutes, is amended to read:
  545         775.0861 Offenses against persons on the grounds of
  546  religious institutions; reclassification.—
  547         (3)(a) In the case of a misdemeanor of the second degree,
  548  the offense is reclassified to a misdemeanor of the first
  549  degree.
  550         (b) In the case of a misdemeanor of the first degree, the
  551  offense is reclassified to a felony of the third degree. For
  552  purposes of sentencing under chapter 921, such offense is ranked
  553  in level 2 of the offense severity ranking chart.
  554         (c) In the case of a felony of the third degree, the
  555  offense is reclassified to a felony of the second degree.
  556         (d) In the case of a felony of the second degree, the
  557  offense is reclassified to a felony of the first degree.
  558         (e) In the case of a felony of the first degree, the
  559  offense is reclassified to a life felony.
  560  
  561  For purposes of sentencing under chapter 921 and determining
  562  rehabilitation credit incentive gain-time eligibility under
  563  chapter 944, a felony offense that is reclassified under this
  564  subsection is ranked one level above the ranking under s.
  565  921.0022 or s. 921.0023 of the offense committed.
  566         Section 10. Subsection (3) of section 775.0862, Florida
  567  Statutes, is amended to read:
  568         775.0862 Sexual offenses against students by authority
  569  figures; reclassification.—
  570         (3)(a) In the case of a felony of the third degree, the
  571  offense is reclassified to a felony of the second degree.
  572         (b) In the case of a felony of the second degree, the
  573  offense is reclassified to a felony of the first degree.
  574         (c) In the case of a felony of the first degree, the
  575  offense is reclassified to a life felony.
  576  
  577  For purposes of sentencing under chapter 921 and determining
  578  rehabilitation credit incentive gain-time eligibility under
  579  chapter 944, a felony offense that is reclassified under this
  580  subsection is ranked one level above the ranking under s.
  581  921.0022 or s. 921.0023 of the offense committed.
  582         Section 11. Subsection (1) and paragraph (b) of subsection
  583  (2) of section 775.087, Florida Statutes, are amended to read:
  584         775.087 Possession or use of weapon; aggravated battery;
  585  felony reclassification; minimum sentence.—
  586         (1) Unless otherwise provided by law, whenever a person is
  587  charged with a felony, except a felony in which the use of a
  588  weapon or firearm is an essential element, and during the
  589  commission of such felony the defendant carries, displays, uses,
  590  threatens to use, or attempts to use any weapon or firearm, or
  591  during the commission of such felony the defendant commits an
  592  aggravated battery, the felony for which the person is charged
  593  shall be reclassified as follows:
  594         (a) In the case of a felony of the first degree, to a life
  595  felony.
  596         (b) In the case of a felony of the second degree, to a
  597  felony of the first degree.
  598         (c) In the case of a felony of the third degree, to a
  599  felony of the second degree.
  600  
  601  For purposes of sentencing under chapter 921 and determining
  602  rehabilitation credit incentive gain-time eligibility under
  603  chapter 944, a felony offense which is reclassified under this
  604  section is ranked one level above the ranking under s. 921.0022
  605  or s. 921.0023 of the felony offense committed.
  606         (2)
  607         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  608  (a)3. does not prevent a court from imposing a longer sentence
  609  of incarceration as authorized by law in addition to the minimum
  610  mandatory sentence, or from imposing a sentence of death
  611  pursuant to other applicable law. Subparagraph (a)1.,
  612  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  613  court to impose a lesser sentence than otherwise required by
  614  law.
  615  
  616  Notwithstanding s. 948.01, adjudication of guilt or imposition
  617  of sentence shall not be suspended, deferred, or withheld, and
  618  the defendant is not eligible for statutory gain-time or credits
  619  under s. 944.275 or any form of discretionary early release,
  620  other than pardon or executive clemency, or conditional medical
  621  release under s. 947.149, before prior to serving the minimum
  622  sentence.
  623         Section 12. Subsection (2) of section 775.0875, Florida
  624  Statutes, is amended to read:
  625         775.0875 Unlawful taking, possession, or use of law
  626  enforcement officer’s firearm; crime reclassification;
  627  penalties.—
  628         (2) If a person violates subsection (1) and commits any
  629  other crime involving the firearm taken from the law enforcement
  630  officer, such crime shall be reclassified as follows:
  631         (a)1. In the case of a felony of the first degree, to a
  632  life felony.
  633         2. In the case of a felony of the second degree, to a
  634  felony of the first degree.
  635         3. In the case of a felony of the third degree, to a felony
  636  of the second degree.
  637  
  638  For purposes of sentencing under chapter 921 and determining
  639  rehabilitation credit incentive gain-time eligibility under
  640  chapter 944, a felony offense that is reclassified under this
  641  paragraph is ranked one level above the ranking under s.
  642  921.0022 or s. 921.0023 of the felony offense committed.
  643         (b) In the case of a misdemeanor, to a felony of the third
  644  degree. For purposes of sentencing under chapter 921 and
  645  determining rehabilitation credit incentive gain-time
  646  eligibility under chapter 944, such offense is ranked in level 2
  647  of the offense severity ranking chart.
  648         Section 13. Subsection (3) of section 777.03, Florida
  649  Statutes, is amended to read:
  650         777.03 Accessory after the fact.—
  651         (3) Except as otherwise provided in s. 921.0022, for
  652  purposes of sentencing under chapter 921 and determining
  653  rehabilitation credit incentive gain-time eligibility under
  654  chapter 944, the offense of accessory after the fact is ranked
  655  two levels below the ranking under s. 921.0022 or s. 921.0023 of
  656  the felony offense committed.
  657         Section 14. Paragraph (a) of subsection (4) of section
  658  777.04, Florida Statutes, is amended to read:
  659         777.04 Attempts, solicitation, and conspiracy.—
  660         (4)(a) Except as otherwise provided in ss. 104.091(2),
  661  379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,
  662  the offense of criminal attempt, criminal solicitation, or
  663  criminal conspiracy is ranked for purposes of sentencing under
  664  chapter 921 and determining rehabilitation credit incentive
  665  gain-time eligibility under chapter 944 one level below the
  666  ranking under s. 921.0022 or s. 921.0023 of the offense
  667  attempted, solicited, or conspired to. If the criminal attempt,
  668  criminal solicitation, or criminal conspiracy is of an offense
  669  ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023,
  670  such offense is a misdemeanor of the first degree, punishable as
  671  provided in s. 775.082 or s. 775.083.
  672         Section 15. Subsection (3) of section 784.07, Florida
  673  Statutes, is amended to read:
  674         784.07 Assault or battery of law enforcement officers,
  675  firefighters, emergency medical care providers, public transit
  676  employees or agents, or other specified officers;
  677  reclassification of offenses; minimum sentences.—
  678         (3) Any person who is convicted of a battery under
  679  paragraph (2)(b) and, during the commission of the offense, such
  680  person possessed:
  681         (a) A “firearm” or “destructive device” as those terms are
  682  defined in s. 790.001, shall be sentenced to a minimum term of
  683  imprisonment of 3 years.
  684         (b) A semiautomatic firearm and its high-capacity
  685  detachable box magazine, as defined in s. 775.087(3), or a
  686  machine gun as defined in s. 790.001, shall be sentenced to a
  687  minimum term of imprisonment of 8 years.
  688  
  689  Notwithstanding s. 948.01, adjudication of guilt or imposition
  690  of sentence shall not be suspended, deferred, or withheld, and
  691  the defendant is not eligible for statutory gain-time or credits
  692  under s. 944.275 or any form of discretionary early release,
  693  other than pardon or executive clemency, or conditional medical
  694  release under s. 947.149, before prior to serving the minimum
  695  sentence.
  696         Section 16. Subsection (7) of section 794.011, Florida
  697  Statutes, is amended to read:
  698         794.011 Sexual battery.—
  699         (7) A person who is convicted of committing a sexual
  700  battery on or after October 1, 1992, is not eligible for basic
  701  gain-time or credits under s. 944.275. This subsection may be
  702  cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
  703         Section 17. Subsection (7) of section 794.0115, Florida
  704  Statutes, is amended to read:
  705         794.0115 Dangerous sexual felony offender; mandatory
  706  sentencing.—
  707         (7) A defendant sentenced to a mandatory minimum term of
  708  imprisonment under this section is not eligible for statutory
  709  gain-time or credits under s. 944.275 or any form of
  710  discretionary early release, other than pardon or executive
  711  clemency, or conditional medical release under s. 947.149,
  712  before serving the minimum sentence.
  713         Section 18. Subsection (2) of section 794.023, Florida
  714  Statutes, is amended to read:
  715         794.023 Sexual battery by multiple perpetrators;
  716  reclassification of offenses.—
  717         (2) A violation of s. 794.011 shall be reclassified as
  718  provided in this subsection if it is charged and proven by the
  719  prosecution that, during the same criminal transaction or
  720  episode, more than one person committed an act of sexual battery
  721  on the same victim.
  722         (a) A felony of the second degree is reclassified to a
  723  felony of the first degree.
  724         (b) A felony of the first degree is reclassified to a life
  725  felony.
  726  
  727  This subsection does not apply to life felonies or capital
  728  felonies. For purposes of sentencing under chapter 921 and
  729  determining rehabilitation credit incentive gain-time
  730  eligibility under chapter 944, a felony offense that is
  731  reclassified under this subsection is ranked one level above the
  732  ranking under s. 921.0022 or s. 921.0023 of the offense
  733  committed.
  734         Section 19. Subsection (4) of section 812.081, Florida
  735  Statutes, is amended to read:
  736         812.081 Theft of or trafficking in trade secrets;
  737  definitions; penalties; providing to foreign entities;
  738  restitution.—
  739         (4) Whenever a person is charged with a violation of this
  740  section which was committed with the intent to benefit a foreign
  741  government, a foreign agent, or a foreign instrumentality, the
  742  offense for which the person is charged shall be reclassified as
  743  follows:
  744         (a) In the case of theft of a trade secret, from a felony
  745  of the third degree to a felony of the second degree.
  746         (b) In the case of trafficking in trade secrets, from a
  747  felony of the second degree to a felony of the first degree.
  748  
  749  For purposes of sentencing under chapter 921 and determining
  750  incentive gain-time or credit eligibility under chapter 944, a
  751  felony offense that is reclassified under this subsection is
  752  ranked one level above the ranking under s. 921.0022 of the
  753  offense committed.
  754         Section 20. Subsection (5) of section 817.568, Florida
  755  Statutes, is amended to read:
  756         817.568 Criminal use of personal identification
  757  information.—
  758         (5) If an offense prohibited under this section was
  759  facilitated or furthered by the use of a public record, as
  760  defined in s. 119.011, the offense is reclassified to the next
  761  higher degree as follows:
  762         (a) A misdemeanor of the first degree is reclassified as a
  763  felony of the third degree.
  764         (b) A felony of the third degree is reclassified as a
  765  felony of the second degree.
  766         (c) A felony of the second degree is reclassified as a
  767  felony of the first degree.
  768  
  769  For purposes of sentencing under chapter 921 and rehabilitation
  770  credit incentive gain-time eligibility under chapter 944, a
  771  felony offense that is reclassified under this subsection is
  772  ranked one level above the ranking under s. 921.0022 of the
  773  felony offense committed, and a misdemeanor offense that is
  774  reclassified under this subsection is ranked in level 2 of the
  775  offense severity ranking chart in s. 921.0022.
  776         Section 21. Paragraph (b) of subsection (3) of section
  777  831.032, Florida Statutes, is amended to read:
  778         831.032 Offenses involving forging or counterfeiting
  779  private labels.—
  780         (3)
  781         (b) For any person who, having previously been convicted
  782  for an offense under this section, is subsequently convicted for
  783  another offense under this section, such subsequent offense
  784  shall be reclassified as follows:
  785         1. In the case of a felony of the second degree, to a
  786  felony of the first degree.
  787         2. In the case of a felony of the third degree, to a felony
  788  of the second degree.
  789         3. In the case of a misdemeanor of the first degree, to a
  790  felony of the third degree. For purposes of sentencing under
  791  chapter 921 and determining rehabilitation credit incentive
  792  gain-time eligibility under chapter 944, such offense is ranked
  793  in level 4 of the offense severity ranking chart.
  794  
  795  For purposes of sentencing under chapter 921 and determining
  796  rehabilitation credit incentive gain-time eligibility under
  797  chapter 944, a felony offense that is reclassified under this
  798  paragraph is ranked one level above the ranking under s.
  799  921.0022 or s. 921.0023 of the felony offense committed.
  800         Section 22. Subsection (2) of section 843.22, Florida
  801  Statutes, is amended to read:
  802         843.22 Traveling across county lines with intent to commit
  803  a burglary.—
  804         (2) If a person who commits a burglary travels any distance
  805  with the intent to commit the burglary in a county in this state
  806  other than the person’s county of residence, the degree of the
  807  burglary shall be reclassified to the next higher degree. For
  808  purposes of sentencing under chapter 921 and determining
  809  rehabilitation credit incentive gain-time eligibility under
  810  chapter 944, a burglary that is reclassified under this section
  811  is ranked one level above the ranking specified in s. 921.0022
  812  or s. 921.0023 for the burglary committed.
  813         Section 23. Paragraph (b) of subsection (1) and subsection
  814  (2) of section 874.04, Florida Statutes, are amended to read:
  815         874.04 Gang-related offenses; enhanced penalties.—Upon a
  816  finding by the factfinder that the defendant committed the
  817  charged offense for the purpose of benefiting, promoting, or
  818  furthering the interests of a criminal gang, the penalty for any
  819  felony or misdemeanor, or any delinquent act or violation of law
  820  which would be a felony or misdemeanor if committed by an adult,
  821  may be enhanced. Penalty enhancement affects the applicable
  822  statutory maximum penalty only. Each of the findings required as
  823  a basis for such sentence shall be found beyond a reasonable
  824  doubt. The enhancement will be as follows:
  825         (1)
  826         (b) A misdemeanor of the first degree may be punished as if
  827  it were a felony of the third degree. For purposes of sentencing
  828  under chapter 921 and determining rehabilitation credit
  829  incentive gain-time eligibility under chapter 944, such offense
  830  is ranked in level 1 of the offense severity ranking chart. The
  831  criminal gang multiplier in s. 921.0024 does not apply to
  832  misdemeanors enhanced under this paragraph.
  833         (2)(a) A felony of the third degree may be punished as if
  834  it were a felony of the second degree.
  835         (b) A felony of the second degree may be punished as if it
  836  were a felony of the first degree.
  837         (c) A felony of the first degree may be punished as if it
  838  were a life felony.
  839  
  840  For purposes of sentencing under chapter 921 and determining
  841  rehabilitation credit incentive gain-time eligibility under
  842  chapter 944, such felony offense is ranked as provided in s.
  843  921.0022 or s. 921.0023, and without regard to the penalty
  844  enhancement in this subsection.
  845         Section 24. Section 944.281, Florida Statutes, is amended
  846  to read:
  847         944.281 Ineligibility to earn gain-time due to disciplinary
  848  action.—The department may declare that a prisoner who commits a
  849  violation of any law of the state or rule or regulation of the
  850  department or institution on or after January 1, 1996, and who
  851  is found guilty pursuant to s. 944.28(2), shall not be eligible
  852  to earn rehabilitation credits incentive gain-time for up to 6
  853  months following the month in which the violation occurred. The
  854  department shall adopt rules to administer the provisions of
  855  this section.
  856         Section 25. Subsection (1) of section 944.473, Florida
  857  Statutes, is amended to read:
  858         944.473 Inmate substance abuse testing program.—
  859         (1) RULES AND PROCEDURES.—The department shall establish
  860  programs for random and reasonable suspicion drug and alcohol
  861  testing by urinalysis or other noninvasive procedure for inmates
  862  to effectively identify those inmates abusing drugs, alcohol, or
  863  both. The department shall also adopt rules relating to fair,
  864  economical, and accurate operations and procedures of a random
  865  inmate substance abuse testing program and a reasonable
  866  suspicion substance abuse testing program by urinalysis or other
  867  noninvasive procedure which enumerate penalties for positive
  868  test results, including but not limited to the forfeiture of
  869  both basic and rehabilitation credits incentive gain-time, and
  870  which do not limit the number of times an inmate may be tested
  871  in any one fiscal or calendar year.
  872         Section 26. Paragraph (b) of subsection (1) of section
  873  944.70, Florida Statutes, is amended to read:
  874         944.70 Conditions for release from incarceration.—
  875         (1)
  876         (b) A person who is convicted of a crime committed on or
  877  after January 1, 1994, may be released from incarceration only:
  878         1. Upon expiration of the person’s sentence;
  879         2. Upon expiration of the person’s sentence as reduced by
  880  accumulated outstanding deed meritorious or rehabilitation
  881  credit incentive gain-time;
  882         3. As directed by an executive order granting clemency;
  883         4. Upon placement in a conditional release program pursuant
  884  to s. 947.1405 or a conditional medical release program pursuant
  885  to s. 947.149; or
  886         5. Upon the granting of control release, including
  887  emergency control release, pursuant to s. 947.146.
  888         Section 27. Paragraphs (i) and (j) of subsection (3) of
  889  section 944.801, Florida Statutes, are amended to read:
  890         944.801 Education for state prisoners.—
  891         (3) The responsibilities of the Correctional Education
  892  Program shall be to:
  893         (i) Ensure that every inmate who has 2 years or more
  894  remaining to serve on his or her sentence at the time that he or
  895  she is received at an institution and who lacks basic and
  896  functional literacy skills as defined in s. 1004.02 attends not
  897  fewer than 150 hours of sequential instruction in a correctional
  898  adult basic education program. The basic and functional literacy
  899  level of an inmate shall be determined by the average composite
  900  test score obtained on a test approved for this purpose by the
  901  State Board of Education.
  902         1. Upon completion of the 150 hours of instruction, the
  903  inmate shall be retested and, if a composite test score of
  904  functional literacy is not attained, the department is
  905  authorized to require the inmate to remain in the instructional
  906  program.
  907         2. Highest priority of inmate participation shall be
  908  focused on youthful offenders and those inmates nearing release
  909  from the correctional system.
  910         3. An inmate shall be required to attend the 150 hours of
  911  adult basic education instruction unless such inmate:
  912         a. Is serving a life sentence or is under sentence of
  913  death.
  914         b. Is specifically exempted for security or health reasons.
  915         c. Is housed at a community correctional center, road
  916  prison, work camp, or vocational center.
  917         d. Attains a functional literacy level after attendance in
  918  fewer than 150 hours of adult basic education instruction.
  919         e. Is unable to enter such instruction because of
  920  insufficient facilities, staff, or classroom capacity.
  921         4. The department of Corrections shall provide classes to
  922  accommodate those inmates assigned to correctional or public
  923  work programs after normal working hours. The department shall
  924  develop a plan to provide academic and vocational classes on a
  925  more frequent basis and at times that accommodate the increasing
  926  number of inmates with work assignments, to the extent that
  927  resources permit.
  928         5. If an inmate attends and actively participates in the
  929  150 hours of instruction, the department of Corrections may
  930  grant a one-time award of up to 6 additional days of
  931  rehabilitation credit incentive gain-time, which must be
  932  credited and applied as provided by law. Active participation
  933  means, at a minimum, that the inmate is attentive, responsive,
  934  cooperative, and completes assigned work.
  935         (j) Recommend the award of additional rehabilitation credit
  936  incentive gain-time for inmates who receive a high school
  937  equivalency diploma or a vocational certificate.
  938         Section 28. Subsection (15) of section 947.005, Florida
  939  Statutes, is amended to read:
  940         947.005 Definitions.—As used in this chapter, unless the
  941  context clearly indicates otherwise:
  942         (15) “Tentative release date” means the date projected for
  943  the prisoner’s release from custody by virtue of gain-time and
  944  credits granted or forfeited pursuant to s. 944.275(3)(a).
  945         Section 29. This act shall take effect July 1, 2023.