THE BILL ITSELF
HB 297
Criminal Rehabilitation
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A bill to be entitled
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An act relating to criminal rehabilitation; amending
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s. 921.002, F.S.; revising the legislative intent of
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the Criminal Punishment Code; specifying that to
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rehabilitate the offender to transition back to the
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community successfully is one of the primary purposes
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of sentencing; reducing the minimum sentence that must
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be served by a defendant from 85 percent of the
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sentence to 72 percent; amending s. 944.275, F.S.;
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revising provisions concerning gain-time to provide
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for outstanding deed gain-time, good behavior time,
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and rehabilitation credits; providing requirements for
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such gain-time and credits; providing for amounts to
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be awarded; revising limits on the award of gain-time;
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reducing the minimum sentence that must be served by a
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defendant from 85 percent of the sentence to 72
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percent; amending ss. 316.027, 316.1935, 381.004,
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775.084, 775.0845, 775.0847, 775.0861, 775.0862,
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775.087, 775.0875, 777.03, 777.04, 784.07, 794.011,
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794.0115, 794.0116, 794.023, 810.145, 812.081,
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817.568, 831.032, 843.22, 874.04, 944.281, 944.473,
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944.70, 944.801, and 947.005, F.S.; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 921.002, Florida
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Statutes, is amended to read:
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921.002 The Criminal Punishment Code.—The Criminal
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Punishment Code shall apply to all felony offenses, except
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capital felonies, committed on or after October 1, 1998.
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(1) The provision of criminal penalties and of limitations
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upon the application of such penalties is a matter of
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predominantly substantive law and, as such, is a matter properly
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addressed by the Legislature. The Legislature, in the exercise
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of its authority and responsibility to establish sentencing
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criteria, to provide for the imposition of criminal penalties,
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and to make the best use of state prisons so that violent
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criminal offenders are appropriately punished and rehabilitated
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incarcerated, has determined that it is in the best interest of
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the state to develop, implement, and revise a sentencing policy.
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The Criminal Punishment Code embodies the principles that:
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(a) Sentencing is neutral with respect to race, gender,
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and social and economic status.
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(b) The dual purposes primary purpose of sentencing in the
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criminal justice system are is to punish the offender and
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rehabilitate the offender to transition back to the community
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successfully. Rehabilitation is a desired goal of the criminal
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justice system but is subordinate to the goal of punishment.
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(c) The penalty imposed is commensurate with the severity
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of the primary offense and the circumstances surrounding the
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primary offense.
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(d) The severity of the sentence increases with the length
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and nature of the offender's prior record.
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(e) The sentence imposed by the sentencing judge reflects
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the length of actual time to be served, shortened only by the
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application of outstanding deed incentive and meritorious gain-
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time, good behavior time, and rehabilitation credits as provided
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by law, and may not be shortened if the defendant would
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consequently serve less than 72 85 percent of his or her term of
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imprisonment as provided in s. 944.275(4). The provisions of
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Chapter 947, relating to parole, does shall not apply to persons
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sentenced under the Criminal Punishment Code.
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(f) Departures below the lowest permissible sentence
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established by the code must be articulated in writing by the
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trial court judge and made only when circumstances or factors
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reasonably justify the mitigation of the sentence. The level of
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proof necessary to establish facts that support a departure from
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the lowest permissible sentence is a preponderance of the
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evidence.
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(g) The trial court judge may impose a sentence up to and
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including the statutory maximum for any offense, including an
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offense that is before the court due to a violation of probation
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or community control.
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(h) A sentence may be appealed on the basis that it
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departs from the Criminal Punishment Code only if the sentence
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is below the lowest permissible sentence or as enumerated in s.
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924.06(1).
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(i) Use of incarcerative sanctions is prioritized toward
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offenders convicted of serious offenses and certain offenders
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who have long prior records, in order to maximize the finite
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capacities of state and local correctional facilities.
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Section 2. Section 944.275, Florida Statutes, is amended
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to read:
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944.275 Outstanding deed gain-time, good behavior time,
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and rehabilitation credits.—
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(1) The department is authorized to grant deductions from
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sentences in the form of outstanding deed gain-time, good
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behavior time, and rehabilitation credits in order to encourage
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satisfactory prisoner behavior, to provide incentive for
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prisoners to participate in productive activities, and to reward
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prisoners who perform outstanding deeds or services.
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(2)(a) The department shall establish for each prisoner
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sentenced to a term of years a "maximum sentence expiration
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date," which shall be the date when the sentence or combined
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sentences imposed on a prisoner will expire. In establishing
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this date, the department shall reduce the total time to be
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served by any time lawfully credited.
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(b) When a prisoner with an established maximum sentence
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expiration date is sentenced to an additional term or terms
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without having been released from custody, the department shall
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extend the maximum sentence expiration date by the length of
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time imposed in the new sentence or sentences, less lawful
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credits.
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(c) When an escaped prisoner or a parole violator is
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returned to the custody of the department, the maximum sentence
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expiration date in effect when the escape occurred or the parole
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was effective shall be extended by the amount of time the
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prisoner was not in custody plus the time imposed in any new
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sentence or sentences, but reduced by any lawful credits.
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(3)(a) The department shall also establish for each
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prisoner sentenced to a term of years a "tentative release date"
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which shall be the date projected for the prisoner's release
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from custody by virtue of outstanding deed gain-time, good
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behavior time, or rehabilitation credits granted or forfeited as
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described in this section. The initial tentative release date
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shall be determined by deducting outstanding deed basic gain-
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time, good behavior time, or rehabilitation credits granted from
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the maximum sentence expiration date. Outstanding deed Other
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gain-time, good behavior time, and rehabilitation credits shall
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be applied when granted or restored to make the tentative
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release date proportionately earlier; and forfeitures of good
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behavior time gain-time, when ordered, shall be applied to make
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the tentative release date proportionately later.
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(b) When an initial tentative release date is
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reestablished because of additional sentences imposed before the
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prisoner has completely served all prior sentences, any
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outstanding deed gain-time, good behavior time, or
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rehabilitation credits granted during service of a prior
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sentence and not forfeited shall be applied.
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(c) The tentative release date may not be later than the
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maximum sentence expiration date.
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(4)(a) As a means of encouraging satisfactory behavior and
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developing character traits necessary for successful reentry,
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the department shall grant good behavior time basic gain-time at
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the rate of 10 days for each month of each sentence imposed on a
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prisoner, subject to the following:
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1. Portions of any sentences to be served concurrently
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shall be treated as a single sentence when determining good
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behavior time basic gain-time.
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2. Good behavior time Basic gain-time for a partial month
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shall be prorated on the basis of a 30-day month.
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3. When a prisoner receives a new maximum sentence
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expiration date because of additional sentences imposed, good
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behavior time basic gain-time shall be granted for the amount of
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time the maximum sentence expiration date was extended.
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(b) For each month in which an inmate works diligently,
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participates in training or education, uses time constructively,
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or otherwise engages in positive activities, the department may
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grant rehabilitation credits incentive gain-time in accordance
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with this paragraph. The rate of rehabilitation credits
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incentive gain-time in effect on the date the inmate committed
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the offense which resulted in his or her incarceration shall be
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the inmate's rate of eligibility to earn rehabilitation credits
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incentive gain-time throughout the period of incarceration and
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shall not be altered by a subsequent change in the severity
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level of the offense for which the inmate was sentenced.
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1. For sentences imposed for offenses committed before
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prior to January 1, 1994, and after October 1, 1995, up to 20
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days of rehabilitation credits incentive gain-time may be
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granted. If granted, such rehabilitation credits gain-time shall
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be credited and applied monthly.
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2. For sentences imposed for offenses committed on or
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after January 1, 1994, and before October 1, 1995:
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a. For offenses ranked in offense severity levels 1
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through 7, under former s. 921.0012 or former s. 921.0013, up to
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25 days of rehabilitation credits incentive gain-time may be
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granted. If granted, such rehabilitation credits gain-time shall
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be credited and applied monthly.
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b. For offenses ranked in offense severity levels 8, 9,
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and 10, under former s. 921.0012 or former s. 921.0013, up to 20
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days of rehabilitation credits incentive gain-time may be
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granted. If granted, such gain-time shall be credited and
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applied monthly.
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3. For sentences imposed for offenses committed on or
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after October 1, 1995, the department may grant up to 10 days
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per month of incentive gain-time.
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(c) An inmate who performs some outstanding deed, such as
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saving a life or assisting in recapturing an escaped inmate, or
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who in some manner performs an outstanding service that would
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merit the granting of additional deductions from the term of his
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or her sentence may be granted outstanding deed meritorious
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gain-time of from 30 1 to 60 days per outstanding deed
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performed.
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(d) Notwithstanding the monthly maximum awards of
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rehabilitation credits incentive gain-time under subparagraphs
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(b)1. and, 2., and 3., the education program manager shall
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recommend, and the Department of Corrections shall may grant
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awards, a one-time award of 60 additional days of rehabilitation
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credits for successful completion of each of the following:
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incentive gain-time to an inmate who is otherwise eligible and
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who successfully completes requirements for and is, or has been
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during the current commitment, awarded a high school equivalency
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diploma, college degree, or vocational certificate, drug
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treatment program, mental health treatment program, life skills
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program, behavioral modification program, reentry program, or
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equivalent rehabilitative program. Additionally, the department
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shall grant 5 additional days of rehabilitation credits for
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successful completion of any other department-approved program,
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including inmate-developed programs, or a passing grade in each
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online or in-person educational course. Rehabilitation credits
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awarded under this paragraph shall be retroactive. Under no
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circumstances may an inmate receive more than 60 days for
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educational attainment pursuant to this section.
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(e) Notwithstanding the monthly maximum awards of
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rehabilitation credits under subparagraphs (b)1. and 2., the
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department may grant 2 additional days per month of good
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behavior time to prisoners serving sentences for violations of
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ss. 893.13 and 893.135, and such days granted shall be
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retroactive.
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(f)1.(e)1. Notwithstanding subparagraph (b)1. (b)3., for
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sentences imposed for offenses committed on or after October 1,
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2014, and before July 1, 2023, the department may not grant
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rehabilitation credits incentive gain-time if the offense is a
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violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
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787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
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800.04; s. 825.1025; or s. 847.0135(5).
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2. Notwithstanding subparagraph (b)1. (b)3., for sentences
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imposed for offenses committed on or after July 1, 2023, the
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department may not grant rehabilitation credits incentive gain-
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time if the offense is for committing or attempting, soliciting,
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or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s.
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787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
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excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
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847.0135(5).
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(g)1.(f) An inmate who is subject to this subsection
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subparagraph (b)3. is not eligible to earn or receive
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outstanding deed gain-time or good behavior time under paragraph
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(a), paragraph (b), paragraph (c), or paragraph (d) or any other
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type of gain-time in an amount that would cause a sentence to
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expire, end, or terminate, or that would result in a prisoner's
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release, before prior to serving a minimum of 85 percent of the
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sentence imposed. For purposes of this paragraph, credits
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awarded by the court for time physically incarcerated shall be
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credited toward satisfaction of 85 percent of the sentence
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imposed.
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2. A prisoner who is subject to this subsection may not
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accumulate rehabilitation credits as described in paragraph (d)
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in an amount that would allow a sentence to expire, end, or
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terminate, or that would result in a prisoner's release, before
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serving a minimum of 72 percent of the sentence imposed.
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3. Except as provided by this section, a prisoner may not
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accumulate further gain-time awards at any point when the
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tentative release date is the same as that date at which the
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prisoner will have served 72 85 percent of the sentence imposed.
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State prisoners sentenced to life imprisonment shall be
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incarcerated for the rest of their natural lives, unless granted
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pardon or clemency.
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(5) When a prisoner is found guilty of an infraction of
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the laws of this state or the rules of the department, good
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behavior time not yet vested gain-time may be forfeited
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according to law after due process. For purposes of this
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subsection, good behavior time is deemed vested 2 years after
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being granted.
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(6)(a) Good behavior time Basic gain-time under this
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section shall be computed on and applied to all sentences
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imposed for offenses committed on or after July 1, 1978, and
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before January 1, 1994.
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(b) All outstanding deed incentive and meritorious gain-
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time, good behavior time, and rehabilitation credits are is
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granted according to this section.
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(c) All additional gain-time previously awarded under
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former subsections (2) and (3) and all forfeitures ordered
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before prior to the effective date of the act that created this
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section shall remain in effect and be applied in establishing an
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initial tentative release date.
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(7) The department shall adopt rules to implement the
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granting, forfeiture, restoration, and deletion of outstanding
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deed gain-time, good behavior time, and rehabilitation credits.
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Section 3. Paragraph (f) of subsection (2) of section
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316.027, Florida Statutes, is amended to read:
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316.027 Crash involving death or personal injuries.—
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(2)
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(f) For purposes of sentencing under chapter 921 and
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determining rehabilitation credit incentive gain-time
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eligibility under chapter 944, an offense listed in this
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subsection is ranked one level above the ranking specified in s.
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921.0022 or s. 921.0023 for the offense committed if the victim
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of the offense was a vulnerable road user.
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Section 4. Subsection (6) of section 316.1935, Florida
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Statutes, is amended to read:
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316.1935 Fleeing or attempting to elude a law enforcement
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officer; aggravated fleeing or eluding.—
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(6) Notwithstanding s. 948.01, no court may suspend,
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defer, or withhold adjudication of guilt or imposition of
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sentence for any violation of this section. A person convicted
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and sentenced to a mandatory minimum term of incarceration under
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paragraph (3)(b) or paragraph (4)(b) is not eligible for
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statutory gain-time or credits under s. 944.275 or any form of
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discretionary early release, other than pardon or executive
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clemency or conditional medical release under s. 947.149, before
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prior to serving the mandatory minimum sentence.
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Section 5. Paragraph (h) of subsection (2) of section
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381.004, Florida Statutes, is amended to read:
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381.004 HIV testing.—
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(2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
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CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.—
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(h) Paragraph (a) does not apply:
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1. When testing for sexually transmissible diseases is
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required by state or federal law, or by rule, including the
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following situations:
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a. HIV testing pursuant to s. 796.08 of persons convicted
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of prostitution or of procuring another to commit prostitution.
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b. HIV testing of inmates pursuant to s. 945.355 before
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their release from prison by reason of parole, accumulation of
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gain-time or other credits, or expiration of sentence.
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c. Testing for HIV by a medical examiner in accordance
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with s. 406.11.
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d. HIV testing of pregnant women pursuant to s. 384.31.
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2. To those exceptions provided for blood, plasma, organs,
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skin, semen, or other human tissue pursuant to s. 381.0041.
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3. For the performance of an HIV-related test by licensed
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medical personnel in bona fide medical emergencies if the test
315
results are necessary for medical diagnostic purposes to provide
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appropriate emergency care or treatment to the person being
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tested and the patient is unable to consent, as supported by
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documentation in the medical record. Notification of test
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results in accordance with paragraph (c) is required.
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4. For the performance of an HIV-related test by licensed
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medical personnel for medical diagnosis of acute illness where,
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in the opinion of the attending physician, providing
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notification would be detrimental to the patient, as supported
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by documentation in the medical record, and the test results are
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necessary for medical diagnostic purposes to provide appropriate
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care or treatment to the person being tested. Notification of
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test results in accordance with paragraph (c) is required if it
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would not be detrimental to the patient. This subparagraph does
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not authorize the routine testing of patients for HIV infection
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without notification.
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5. If HIV testing is performed as part of an autopsy for
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which consent was obtained pursuant to s. 872.04.
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6. For the performance of an HIV test upon a defendant
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pursuant to the victim's request in a prosecution for any type
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of sexual battery where a blood sample is taken from the
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defendant voluntarily, pursuant to court order for any purpose,
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or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however,
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the results of an HIV test performed shall be disclosed solely
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to the victim and the defendant, except as provided in ss.
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775.0877, 951.27, and 960.003.
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7. If an HIV test is mandated by court order.
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8. For epidemiological research pursuant to s. 381.0031,
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for research consistent with institutional review boards created
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by 45 C.F.R. part 46, or for the performance of an HIV-related
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test for the purpose of research, if the testing is performed in
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a manner by which the identity of the test subject is not known
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and may not be retrieved by the researcher.
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9. If human tissue is collected lawfully without the
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consent of the donor for corneal removal as authorized by s.
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765.5185 or enucleation of the eyes as authorized by s. 765.519.
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10. For the performance of an HIV test upon an individual
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who comes into contact with medical personnel in such a way that
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a significant exposure has occurred during the course of
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employment, within the scope of practice, or during the course
355
of providing emergency medical assistance to the individual. The
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term "medical personnel" includes a licensed or certified health
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care professional; an employee of a health care professional or
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health care facility; employees of a laboratory licensed under
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chapter 483; personnel of a blood bank or plasma center; a
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medical student or other student who is receiving training as a
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health care professional at a health care facility; and a
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paramedic or emergency medical technician certified by the
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department to perform life-support procedures under s. 401.23.
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a. The occurrence of a significant exposure shall be
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documented by medical personnel under the supervision of a
366
licensed physician and recorded only in the personnel record of
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the medical personnel.
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b. Costs of an HIV test shall be borne by the medical
369
personnel or the employer of the medical personnel. However,
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costs of testing or treatment not directly related to the
371
initial HIV tests or costs of subsequent testing or treatment
372
may not be borne by the medical personnel or the employer of the
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medical personnel.
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c. In order to use the provisions of this subparagraph,
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the medical personnel must be tested for HIV pursuant to this
376
section or provide the results of an HIV test taken within 6
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months before the significant exposure if such test results are
378
negative.
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d. A person who receives the results of an HIV test
380
pursuant to this subparagraph shall maintain the confidentiality
381
of the information received and of the persons tested. Such
382
confidential information is exempt from s. 119.07(1).
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e. If the source of the exposure is not available and will
384
not voluntarily present himself or herself to a health facility
385
to be tested for HIV, the medical personnel or the employer of
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such person acting on behalf of the employee may seek a court
387
order directing the source of the exposure to submit to HIV
388
testing. A sworn statement by a physician licensed under chapter
389
458 or chapter 459 that a significant exposure has occurred and
390
that, in the physician's medical judgment, testing is medically
391
necessary to determine the course of treatment constitutes
392
probable cause for the issuance of an order by the court. The
393
results of the test shall be released to the source of the
394
exposure and to the person who experienced the exposure.
395
11. For the performance of an HIV test upon an individual
396
who comes into contact with nonmedical personnel in such a way
397
that a significant exposure has occurred while the nonmedical
398
personnel provides emergency medical assistance during a medical
399
emergency. For the purposes of this subparagraph, a medical
400
emergency means an emergency medical condition outside of a
401
hospital or health care facility that provides physician care.
402
The test may be performed only during the course of treatment
403
for the medical emergency.
404
a. The occurrence of a significant exposure shall be
405
documented by medical personnel under the supervision of a
406
licensed physician and recorded in the medical record of the
407
nonmedical personnel.
408
b. Costs of any HIV test shall be borne by the nonmedical
409
personnel or the employer of the nonmedical personnel. However,
410
costs of testing or treatment not directly related to the
411
initial HIV tests or costs of subsequent testing or treatment
412
may not be borne by the nonmedical personnel or the employer of
413
the nonmedical personnel.
414
c. In order to use the provisions of this subparagraph,
415
the nonmedical personnel shall be tested for HIV pursuant to
416
this section or shall provide the results of an HIV test taken
417
within 6 months before the significant exposure if such test
418
results are negative.
419
d. A person who receives the results of an HIV test
420
pursuant to this subparagraph shall maintain the confidentiality
421
of the information received and of the persons tested. Such
422
confidential information is exempt from s. 119.07(1).
423
e. If the source of the exposure is not available and will
424
not voluntarily present himself or herself to a health facility
425
to be tested for HIV, the nonmedical personnel or the employer
426
of the nonmedical personnel acting on behalf of the employee may
427
seek a court order directing the source of the exposure to
428
submit to HIV testing. A sworn statement by a physician licensed
429
under chapter 458 or chapter 459 that a significant exposure has
430
occurred and that, in the physician's medical judgment, testing
431
is medically necessary to determine the course of treatment
432
constitutes probable cause for the issuance of an order by the
433
court. The results of the test shall be released to the source
434
of the exposure and to the person who experienced the exposure.
435
12. For the performance of an HIV test by the medical
436
examiner or attending physician upon an individual who expired
437
or could not be resuscitated while receiving emergency medical
438
assistance or care and who was the source of a significant
439
exposure to medical or nonmedical personnel providing such
440
assistance or care.
441
a. HIV testing may be conducted only after appropriate
442
medical personnel under the supervision of a licensed physician
443
documents in the medical record of the medical personnel or
444
nonmedical personnel that there has been a significant exposure
445
and that, in accordance with the written protocols based on the
446
National Centers for Disease Control and Prevention guidelines
447
on HIV postexposure prophylaxis and in the physician's medical
448
judgment, the information is medically necessary to determine
449
the course of treatment for the medical personnel or nonmedical
450
personnel.
451
b. Costs of an HIV test performed under this subparagraph
452
may not be charged to the deceased or to the family of the
453
deceased person.
454
c. For this subparagraph to be applicable, the medical
455
personnel or nonmedical personnel must be tested for HIV under
456
this section or must provide the results of an HIV test taken
457
within 6 months before the significant exposure if such test
458
results are negative.
459
d. A person who receives the results of an HIV test
460
pursuant to this subparagraph shall comply with paragraph (e).
461
13. For the performance of an HIV-related test medically
462
indicated by licensed medical personnel for medical diagnosis of
463
a hospitalized infant as necessary to provide appropriate care
464
and treatment of the infant if, after a reasonable attempt, a
465
parent cannot be contacted to provide consent. The medical
466
records of the infant must reflect the reason consent of the
467
parent was not initially obtained. Test results shall be
468
provided to the parent when the parent is located.
469
14. For the performance of HIV testing conducted to
470
monitor the clinical progress of a patient previously diagnosed
471
to be HIV positive.
472
15. For the performance of repeated HIV testing conducted
473
to monitor possible conversion from a significant exposure.
474
Section 6. Paragraph (k) of subsection (4) of section
475
775.084, Florida Statutes, is amended to read:
476
775.084 Violent career criminals; habitual felony
477
offenders and habitual violent felony offenders; three-time
478
violent felony offenders; definitions; procedure; enhanced
479
penalties or mandatory minimum prison terms.—
480
(4)
481
(k)1. A defendant sentenced under this section as a
482
habitual felony offender, a habitual violent felony offender, or
483
a violent career criminal is eligible for rehabilitation credits
484
gain-time granted by the Department of Corrections as provided
485
in s. 944.275(4)(b).
486
2. For an offense committed on or after October 1, 1995, a
487
defendant sentenced under this section as a violent career
488
criminal is not eligible for any form of discretionary early
489
release, other than pardon or executive clemency, or conditional
490
medical release granted pursuant to s. 947.149.
491
3. For an offense committed on or after July 1, 1999, a
492
defendant sentenced under this section as a three-time violent
493
felony offender shall be released only by expiration of sentence
494
and shall not be eligible for parole, control release, or any
495
form of early release.
496
Section 7. Paragraph (b) of subsection (1) and subsection
497
(2) of section 775.0845, Florida Statutes, are amended to read:
498
775.0845 Wearing mask while committing offense;
499
reclassification.—The felony or misdemeanor degree of any
500
criminal offense, other than a violation of ss. 876.12-876.15,
501
shall be reclassified to the next higher degree as provided in
502
this section if, while committing the offense, the offender was
503
wearing a hood, mask, or other device that concealed his or her
504
identity.
505
(1)
506
(b) In the case of a misdemeanor of the first degree, the
507
offense is reclassified to a felony of the third degree. For
508
purposes of sentencing under chapter 921 and determining
509
rehabilitation credit incentive gain-time eligibility under
510
chapter 944, such offense is ranked in level 2 of the offense
511
severity ranking chart.
512
(2)(a) In the case of a felony of the third degree, the
513
offense is reclassified to a felony of the second degree.
514
(b) In the case of a felony of the second degree, the
515
offense is reclassified to a felony of the first degree.
517
For purposes of sentencing under chapter 921 and determining
518
rehabilitation credit incentive gain-time eligibility under
519
chapter 944, a felony offense that is reclassified under this
520
subsection is ranked one level above the ranking under former s.
521
921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the
522
offense committed.
523
Section 8. Section 775.0847, Florida Statutes, is amended
524
to read:
525
775.0847 Possession or promotion of certain images of
526
child pornography; reclassification.—
527
(1) For purposes of this section:
528
(a) "Child" or "minor" means any person, whose identity is
529
known or unknown, younger than 18 years of age.
530
(b) "Child pornography" means:
531
1. Any image depicting a minor engaged in sexual conduct;
532
or
533
2. Any image that has been created, altered, adapted, or
534
modified by electronic, mechanical, or other means, to portray
535
an identifiable minor engaged in sexual conduct.
536
(c) "Female genitals" includes the labia minora, labia
537
majora, clitoris, vulva, hymen, and vagina.
538
(d) "Identifiable minor" means a person:
539
1. Who was a minor at the time the image was created,
540
altered, adapted, or modified, or whose image as a minor was
541
used in the creating, altering, adapting, or modifying of the
542
image; and
543
2. Who is recognizable as an actual person by the person's
544
face, likeness, or other distinguishing characteristic, such as
545
a unique birthmark, or other recognizable feature.
547
The term may not be construed to require proof of the actual
548
identity of the identifiable minor.
549
(e) "Sadomasochistic abuse" means flagellation or torture
550
by or upon a person or the condition of being fettered, bound,
551
or otherwise physically restrained, for the purpose of deriving
552
sexual satisfaction, or satisfaction brought about as a result
553
of sadistic violence, from inflicting harm on another or
554
receiving such harm oneself.
555
(f) "Sexual battery" means oral, anal, or female genital
556
penetration by, or union with, the sexual organ of another or
557
the anal or female genital penetration of another by any other
558
object; however, sexual battery does not include an act done for
559
a bona fide medical purpose.
560
(g) "Sexual bestiality" means any sexual act, actual or
561
simulated, between a person and an animal involving the sex
562
organ of the one and the mouth, anus, or female genitals of the
563
other.
564
(h) "Sexual conduct" means actual or simulated sexual
565
intercourse, deviate sexual intercourse, sexual bestiality,
566
masturbation, or sadomasochistic abuse; actual or simulated lewd
567
exhibition of the genitals; actual physical contact with a
568
person's clothed or unclothed genitals, pubic area, buttocks,
569
or, if such person is a female, breast with the intent to arouse
570
or gratify the sexual desire of either party; or any act or
571
conduct which constitutes sexual battery or simulates that
572
sexual battery is being or will be committed. A mother's
573
breastfeeding of her baby does not under any circumstance
574
constitute "sexual conduct."
575
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137,
576
or s. 847.0138 shall be reclassified to the next higher degree
577
as provided in subsection (3) if:
578
(a) The offender possesses 10 or more images of any form
579
of child pornography regardless of content; and
580
(b) The content of at least one image contains one or more
581
of the following:
582
1. A child who is younger than the age of 5.
583
2. Sadomasochistic abuse involving a child.
584
3. Sexual battery involving a child.
585
4. Sexual bestiality involving a child.
586
5. Any motion picture, film, video, or computer-generated
587
motion picture, film, or video involving a child, regardless of
588
length and regardless of whether the motion picture, film,
589
video, or computer-generated motion picture, film, or video
590
contains sound.
591
(3)(a) In the case of a felony of the third degree, the
592
offense is reclassified to a felony of the second degree.
593
(b) In the case of a felony of the second degree, the
594
offense is reclassified to a felony of the first degree.
596
For purposes of sentencing under chapter 921 and determining
597
rehabilitation credit incentive gain-time eligibility under
598
chapter 944, a felony offense that is reclassified under this
599
section is ranked one level above the ranking under s. 921.0022
600
or s. 921.0023 of the offense committed.
601
Section 9. Subsection (3) of section 775.0861, Florida
602
Statutes, is amended to read:
603
775.0861 Offenses against persons on the grounds of
604
religious institutions; reclassification.—
605
(3)(a) In the case of a misdemeanor of the second degree,
606
the offense is reclassified to a misdemeanor of the first
607
degree.
608
(b) In the case of a misdemeanor of the first degree, the
609
offense is reclassified to a felony of the third degree. For
610
purposes of sentencing under chapter 921, such offense is ranked
611
in level 2 of the offense severity ranking chart.
612
(c) In the case of a felony of the third degree, the
613
offense is reclassified to a felony of the second degree.
614
(d) In the case of a felony of the second degree, the
615
offense is reclassified to a felony of the first degree.
616
(e) In the case of a felony of the first degree, the
617
offense is reclassified to a life felony.
619
For purposes of sentencing under chapter 921 and determining
620
rehabilitation credit incentive gain-time eligibility under
621
chapter 944, a felony offense that is reclassified under this
622
subsection is ranked one level above the ranking under s.
623
921.0022 or s. 921.0023 of the offense committed.
624
Section 10. Subsection (3) of section 775.0862, Florida
625
Statutes, is amended to read:
626
775.0862 Sexual offenses against students by authority
627
figures; reclassification.—
628
(3)(a) In the case of a felony of the third degree, the
629
offense is reclassified to a felony of the second degree.
630
(b) In the case of a felony of the second degree, the
631
offense is reclassified to a felony of the first degree.
632
(c) In the case of a felony of the first degree, the
633
offense is reclassified to a life felony.
635
For purposes of sentencing under chapter 921 and determining
636
rehabilitation credit incentive gain-time eligibility under
637
chapter 944, a felony offense that is reclassified under this
638
subsection is ranked one level above the ranking under s.
639
921.0022 or s. 921.0023 of the offense committed. Section 11. Subsection (1), paragraph (b) of subsection
641
(2), and paragraph (b) of subsection (3) of section 775.087,
642
Florida Statutes, are amended to read:
643
775.087 Possession or use of weapon; aggravated battery;
644
felony reclassification; minimum sentence.—
645
(1) Unless otherwise provided by law, whenever a person is
646
charged with a felony, except a felony in which the use of a
647
weapon or firearm is an essential element, and during the
648
commission of such felony the defendant carries, displays, uses,
649
threatens to use, or attempts to use any weapon or firearm, or
650
during the commission of such felony the defendant commits an
651
aggravated battery, the felony for which the person is charged
652
shall be reclassified as follows:
653
(a) In the case of a felony of the first degree, to a life
654
felony.
655
(b) In the case of a felony of the second degree, to a
656
felony of the first degree.
657
(c) In the case of a felony of the third degree, to a
658
felony of the second degree.
660
For purposes of sentencing under chapter 921 and determining
661
rehabilitation credit incentive gain-time eligibility under
662
chapter 944, a felony offense which is reclassified under this
663
section is ranked one level above the ranking under s. 921.0022
664
or s. 921.0023 of the felony offense committed.
665
(2)
666
(b) Subparagraph (a)1., subparagraph (a)2., or
667
subparagraph (a)3. does not prevent a court from imposing a
668
longer sentence of incarceration as authorized by law in
669
addition to the minimum mandatory sentence, or from imposing a
670
sentence of death pursuant to other applicable law. Subparagraph
671
(a)1., subparagraph (a)2., or subparagraph (a)3. does not
672
authorize a court to impose a lesser sentence than otherwise
673
required by law.
675
Notwithstanding s. 948.01, adjudication of guilt or imposition
676
of sentence shall not be suspended, deferred, or withheld, and
677
the defendant is not eligible for statutory gain-time or credits
678
under s. 944.275 or any form of discretionary early release,
679
other than pardon or executive clemency, or conditional medical
680
release under s. 947.149, before prior to serving the minimum
681
sentence.
682
(3)
683
(b) Subparagraph (a)1., subparagraph (a)2., or
684
subparagraph (a)3. does not prevent a court from imposing a
685
longer sentence of incarceration as authorized by law in
686
addition to the minimum mandatory sentence, or from imposing a
687
sentence of death pursuant to other applicable law. Subparagraph
688
(a)1., subparagraph (a)2., or subparagraph (a)3. does not
689
authorize a court to impose a lesser sentence than otherwise
690
required by law.
691
Notwithstanding s. 948.01, adjudication of guilt or imposition
692
of sentence shall not be suspended, deferred, or withheld, and
693
the defendant is not eligible for statutory gain-time or credits
694
under s. 944.275 or any form of discretionary early release,
695
other than pardon or executive clemency, or conditional medical
696
release under s. 947.149, prior to serving the minimum sentence.
697
Section 12. Subsection (2) of section 775.0875, Florida
698
Statutes, is amended to read:
699
775.0875 Unlawful taking, possession, or use of law
700
enforcement officer's firearm; crime reclassification;
701
penalties.—
702
(2) If a person violates subsection (1) and commits any
703
other crime involving the firearm taken from the law enforcement
704
officer, such crime shall be reclassified as follows:
705
(a)1. In the case of a felony of the first degree, to a
706
life felony.
707
2. In the case of a felony of the second degree, to a
708
felony of the first degree.
709
3. In the case of a felony of the third degree, to a
710
felony of the second degree.
712
For purposes of sentencing under chapter 921 and determining
713
rehabilitation credit incentive gain-time eligibility under
714
chapter 944, a felony offense that is reclassified under this
715
paragraph is ranked one level above the ranking under s.
716
921.0022 or s. 921.0023 of the felony offense committed.
717
(b) In the case of a misdemeanor, to a felony of the third
718
degree. For purposes of sentencing under chapter 921 and
719
determining rehabilitation credit incentive gain-time
720
eligibility under chapter 944, such offense is ranked in level 2
721
of the offense severity ranking chart.
722
Section 13. Subsection (3) of section 777.03, Florida
723
Statutes, is amended to read:
724
777.03 Accessory after the fact.—
725
(3) Except as otherwise provided in s. 921.0022, for
726
purposes of sentencing under chapter 921 and determining
727
rehabilitation credit incentive gain-time eligibility under
728
chapter 944, the offense of accessory after the fact is ranked
729
two levels below the ranking under s. 921.0022 or s. 921.0023 of
730
the felony offense committed.
731
Section 14. Paragraph (a) of subsection (4) of section
732
777.04, Florida Statutes, is amended to read:
733
777.04 Attempts, solicitation, and conspiracy.—
734
(4)(a) Except as otherwise provided in ss. 104.091(2),
735
379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,
736
the offense of criminal attempt, criminal solicitation, or
737
criminal conspiracy is ranked for purposes of sentencing under
738
chapter 921 and determining rehabilitation credit incentive
739
gain-time eligibility under chapter 944 one level below the
740
ranking under s. 921.0022 or s. 921.0023 of the offense
741
attempted, solicited, or conspired to. If the criminal attempt,
742
criminal solicitation, or criminal conspiracy is of an offense
743
ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023,
744
such offense is a misdemeanor of the first degree, punishable as
745
provided in s. 775.082 or s. 775.083.
746
Section 15. Subsection (3) of section 784.07, Florida
747
Statutes, is amended to read:
748
784.07 Assault or battery of law enforcement officers and
749
other specified personnel; reclassification of offenses; minimum
750
sentences.—
751
(3) Any person who is convicted of a battery under
752
paragraph (2)(b) and, during the commission of the offense, such
753
person possessed:
754
(a) A "firearm" or "destructive device" as those terms are
755
defined in s. 790.001, shall be sentenced to a minimum term of
756
imprisonment of 3 years.
757
(b) A semiautomatic firearm and its high-capacity
758
detachable box magazine, as defined in s. 775.087(3), or a
759
machine gun as defined in s. 790.001, shall be sentenced to a
760
minimum term of imprisonment of 8 years.
762
Notwithstanding s. 948.01, adjudication of guilt or imposition
763
of sentence shall not be suspended, deferred, or withheld, and
764
the defendant is not eligible for statutory gain-time or credits
765
under s. 944.275 or any form of discretionary early release,
766
other than pardon or executive clemency, or conditional medical
767
release under s. 947.149, before prior to serving the minimum
768
sentence.
769
Section 16. Paragraphs (a) and (b) of subsection (7) of
770
section 794.011, Florida Statutes, are amended to read:
771
794.011 Sexual battery.—
772
(7)(a) A person who is convicted of committing a sexual
773
battery on or after October 1, 1992, is not eligible for basic
774
gain-time or credits under s. 944.275.
775
(b) Notwithstanding paragraph (a), for sentences imposed
776
for offenses committed on or after July 1, 2023, a person who is
777
convicted of committing or attempting, soliciting, or conspiring
778
to commit a sexual battery in violation of this section is not
779
eligible for basic gain-time or credits under s. 944.275. Section 17. Subsection (7) of section 794.0115, Florida
781
Statutes, is amended to read:
782
794.0115 Dangerous sexual felony offender; mandatory
783
sentencing.—
784
(7) A defendant sentenced to a mandatory minimum term of
785
imprisonment under this section is not eligible for statutory
786
gain-time or credits under s. 944.275 or any form of
787
discretionary early release, other than pardon or executive
788
clemency, or conditional medical release under s. 947.149,
789
before serving the minimum sentence. Section 18. Subsection (3) of section 794.0116, Florida
791
Statutes, is amended to read:
792
794.0116 Sexual offenses by persons previously convicted
793
of sexual offenses.—
794
(3) A defendant sentenced to a mandatory minimum term of
795
imprisonment under this section is not eligible for statutory
796
gain-time or credits under s. 944.275 or any form of
797
discretionary early release, other than pardon or executive
798
clemency, or conditional medical release under s. 947.149,
799
before serving the minimum sentence.
800
Section 19. Subsection (2) of section 794.023, Florida
801
Statutes, is amended to read:
802
794.023 Sexual battery by multiple perpetrators;
803
reclassification of offenses.—
804
(2) A violation of s. 794.011 shall be reclassified as
805
provided in this subsection if it is charged and proven by the
806
prosecution that, during the same criminal transaction or
807
episode, more than one person committed an act of sexual battery
808
on the same victim.
809
(a) A felony of the second degree is reclassified to a
810
felony of the first degree.
811
(b) A felony of the first degree is reclassified to a life
812
felony.
814
This subsection does not apply to life felonies or capital
815
felonies. For purposes of sentencing under chapter 921 and
816
determining rehabilitation credit incentive gain-time
817
eligibility under chapter 944, a felony offense that is
818
reclassified under this subsection is ranked one level above the
819
ranking under s. 921.0022 or s. 921.0023 of the offense
820
committed.
821
Section 20. Subsection (7) of section 810.145, Florida
822
Statutes, is amended to read:
823
810.145 Digital voyeurism.—
824
(7)(a) A person who violates this section and who has
825
previously been convicted of or adjudicated delinquent for any
826
violation of this section commits a felony of the second degree,
827
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
828
(b) If a person who is 19 years or age or older commits a
829
violation of this section and is a family or household member of
830
the victim or holds a position of authority or trust with the
831
victim, the court shall reclassify the felony to the next higher
832
degree as follows:
833
1. A felony of the third degree is reclassified as a
834
felony of the second degree.
835
2. A felony of the second degree is reclassified as a
836
felony of the first degree.
838
For purposes of sentencing under chapter 921 and rehabilitation
839
credit incentive gain-time eligibility under chapter 944, a
840
felony that is reclassified under this subsection is ranked one
841
level above the ranking under s. 921.0022 of the felony offense
842
committed.
843
Section 21. Subsection (4) of section 812.081, Florida
844
Statutes, is amended to read:
845
812.081 Theft of or trafficking in trade secrets;
846
definitions; penalties; providing to foreign entities;
847
restitution.—
848
(4) Whenever a person is charged with a violation of this
849
section which was committed with the intent to benefit a foreign
850
government, a foreign agent, or a foreign instrumentality, the
851
offense for which the person is charged shall be reclassified as
852
follows:
853
(a) In the case of theft of a trade secret, from a felony
854
of the third degree to a felony of the second degree.
855
(b) In the case of trafficking in trade secrets, from a
856
felony of the second degree to a felony of the first degree.
858
For purposes of sentencing under chapter 921 and determining
859
rehabilitation credit incentive gain-time eligibility under
860
chapter 944, a felony offense that is reclassified under this
861
subsection is ranked one level above the ranking under s.
862
921.0022 of the offense committed.
863
Section 22. Subsection (5) of section 817.568, Florida
864
Statutes, is amended to read:
865
817.568 Criminal use of personal identification
866
information.—
867
(5) If an offense prohibited under this section was
868
facilitated or furthered by the use of a public record, as
869
defined in s. 119.011, the offense is reclassified to the next
870
higher degree as follows:
871
(a) A misdemeanor of the first degree is reclassified as a
872
felony of the third degree.
873
(b) A felony of the third degree is reclassified as a
874
felony of the second degree.
875
(c) A felony of the second degree is reclassified as a
876
felony of the first degree.
878
For purposes of sentencing under chapter 921 and rehabilitation
879
credit incentive gain-time eligibility under chapter 944, a
880
felony offense that is reclassified under this subsection is
881
ranked one level above the ranking under s. 921.0022 of the
882
felony offense committed, and a misdemeanor offense that is
883
reclassified under this subsection is ranked in level 2 of the
884
offense severity ranking chart in s. 921.0022.
885
Section 23. Paragraph (b) of subsection (3) of section
886
831.032, Florida Statutes, is amended to read:
887
831.032 Offenses involving forging or counterfeiting
888
private labels.—
889
(3)
890
(b) For any person who, having previously been convicted
891
for an offense under this section, is subsequently convicted for
892
another offense under this section, such subsequent offense
893
shall be reclassified as follows:
894
1. In the case of a felony of the second degree, to a
895
felony of the first degree.
896
2. In the case of a felony of the third degree, to a
897
felony of the second degree.
898
3. In the case of a misdemeanor of the first degree, to a
899
felony of the third degree. For purposes of sentencing under
900
chapter 921 and determining rehabilitation credit incentive
901
gain-time eligibility under chapter 944, such offense is ranked
902
in level 4 of the offense severity ranking chart.
904
For purposes of sentencing under chapter 921 and determining
905
rehabilitation credit incentive gain-time eligibility under
906
chapter 944, a felony offense that is reclassified under this
907
paragraph is ranked one level above the ranking under s.
908
921.0022 or s. 921.0023 of the felony offense committed.
909
Section 24. Subsection (2) of section 843.22, Florida
910
Statutes, is amended to read:
911
843.22 Traveling across county lines with intent to commit
912
a burglary.—
913
(2) If a person who commits a burglary travels any
914
distance with the intent to commit the burglary in a county in
915
this state other than the person's county of residence, the
916
degree of the burglary shall be reclassified to the next higher
917
degree. For purposes of sentencing under chapter 921 and
918
determining rehabilitation credit incentive gain-time
919
eligibility under chapter 944, a burglary that is reclassified
920
under this section is ranked one level above the ranking
921
specified in s. 921.0022 or s. 921.0023 for the burglary
922
committed.
923
Section 25. Paragraph (b) of subsection (1) and subsection
924
(2) of section 874.04, Florida Statutes, are amended to read:
925
874.04 Gang-related offenses; enhanced penalties.—Upon a
926
finding by the factfinder that the defendant committed the
927
charged offense for the purpose of benefiting, promoting, or
928
furthering the interests of a criminal gang, the penalty for any
929
felony or misdemeanor, or any delinquent act or violation of law
930
which would be a felony or misdemeanor if committed by an adult,
931
may be enhanced. Penalty enhancement affects the applicable
932
statutory maximum penalty only. Each of the findings required as
933
a basis for such sentence shall be found beyond a reasonable
934
doubt. The enhancement will be as follows:
935
(1)
936
(b) A misdemeanor of the first degree may be punished as
937
if it were a felony of the third degree. For purposes of
938
sentencing under chapter 921 and determining rehabilitation
939
credit incentive gain-time eligibility under chapter 944, such
940
offense is ranked in level 1 of the offense severity ranking
941
chart. The criminal gang multiplier in s. 921.0024 does not
942
apply to misdemeanors enhanced under this paragraph.
943
(2)(a) A felony of the third degree may be punished as if
944
it were a felony of the second degree.
945
(b) A felony of the second degree may be punished as if it
946
were a felony of the first degree.
947
(c) A felony of the first degree may be punished as if it
948
were a life felony.
950
For purposes of sentencing under chapter 921 and determining
951
rehabilitation credit incentive gain-time eligibility under
952
chapter 944, such felony offense is ranked as provided in s.
953
921.0022 or s. 921.0023, and without regard to the penalty
954
enhancement in this subsection. Section 26. Section 944.281, Florida Statutes, is amended
956
to read:
957
944.281 Ineligibility to earn rehabilitation credits gain-
958
time due to disciplinary action.—The department may declare that
959
a prisoner who commits a violation of any law of the state or
960
rule or regulation of the department or institution on or after
961
January 1, 1996, and who is found guilty pursuant to s.
962
944.28(2), shall not be eligible to earn rehabilitation credits
963
incentive gain-time for up to 6 months following the month in
964
which the violation occurred. The department shall adopt rules
965
to administer the provisions of this section.
966
Section 27. Subsection (1) of section 944.473, Florida
967
Statutes, is amended to read:
968
944.473 Inmate substance abuse testing program.—
969
(1) RULES AND PROCEDURES.—The department shall establish
970
programs for random and reasonable suspicion drug and alcohol
971
testing by urinalysis or other noninvasive procedure for inmates
972
to effectively identify those inmates abusing drugs, alcohol, or
973
both. The department shall also adopt rules relating to fair,
974
economical, and accurate operations and procedures of a random
975
inmate substance abuse testing program and a reasonable
976
suspicion substance abuse testing program by urinalysis or other
977
noninvasive procedure which enumerate penalties for positive
978
test results, including but not limited to the forfeiture of
979
rehabilitation credits both basic and incentive gain-time, and
980
which do not limit the number of times an inmate may be tested
981
in any one fiscal or calendar year.
982
Section 28. Paragraph (b) of subsection (1) of section
983
944.70, Florida Statutes, is amended to read:
984
944.70 Conditions for release from incarceration.—
985
(1)
986
(b) A person who is convicted of a crime committed on or
987
after January 1, 1994, may be released from incarceration only:
988
1. Upon expiration of the person's sentence;
989
2. Upon expiration of the person's sentence as reduced by
990
accumulated outstanding deed meritorious or rehabilitation
991
credit incentive gain-time;
992
3. As directed by an executive order granting clemency;
993
4. Upon placement in a conditional release program
994
pursuant to s. 947.1405 or a conditional medical release program
995
pursuant to s. 947.149; or
996
5. Upon the granting of control release, including
997
emergency control release, pursuant to s. 947.146.
998
Section 29. Paragraphs (i) and (j) of subsection (3) of
999
section 944.801, Florida Statutes, are amended to read:
1000
944.801 Education for state prisoners.—
1001
(3) The responsibilities of the Correctional Education
1002
Program shall be to:
1003
(i) Ensure that every inmate who has 2 years or more
1004
remaining to serve on his or her sentence at the time that he or
1005
she is received at an institution and who lacks basic and
1006
functional literacy skills as defined in s. 1004.02 attends not
1007
fewer than 150 hours of sequential instruction in a correctional
1008
adult basic education program. The basic and functional literacy
1009
level of an inmate shall be determined by the average composite
1010
test score obtained on a test approved for this purpose by the
1011
State Board of Education.
1012
1. Upon completion of the 150 hours of instruction, the
1013
inmate shall be retested and, if a composite test score of
1014
functional literacy is not attained, the department is
1015
authorized to require the inmate to remain in the instructional
1016
program.
1017
2. Highest priority of inmate participation shall be
1018
focused on youthful offenders and those inmates nearing release
1019
from the correctional system.
1020
3. An inmate shall be required to attend the 150 hours of
1021
adult basic education instruction unless such inmate:
1022
a. Is serving a life sentence or is under sentence of
1023
death.
1024
b. Is specifically exempted for security or health
1025
reasons.
1026
c. Is housed at a community correctional center, road
1027
prison, work camp, or vocational center.
1028
d. Attains a functional literacy level after attendance in
1029
fewer than 150 hours of adult basic education instruction.
1030
e. Is unable to enter such instruction because of
1031
insufficient facilities, staff, or classroom capacity.
1032
4. The Department of Corrections shall provide classes to
1033
accommodate those inmates assigned to correctional or public
1034
work programs after normal working hours. The department shall
1035
develop a plan to provide academic and vocational classes on a
1036
more frequent basis and at times that accommodate the increasing
1037
number of inmates with work assignments, to the extent that
1038
resources permit.
1039
5. If an inmate attends and actively participates in the
1040
150 hours of instruction, the Department of Corrections may
1041
grant a one-time award of up to 6 additional days of
1042
rehabilitation credit incentive gain-time, which must be
1043
credited and applied as provided by law. Active participation
1044
means, at a minimum, that the inmate is attentive, responsive,
1045
cooperative, and completes assigned work.
1046
(j) Recommend the award of additional rehabilitation
1047
credit incentive gain-time for inmates who receive a high school
1048
equivalency diploma or a vocational certificate.
1049
Section 30. Subsection (15) of section 947.005, Florida
1050
Statutes, is amended to read:
1051
947.005 Definitions.—As used in this chapter, unless the
1052
context clearly indicates otherwise:
1053
(15) "Tentative release date" means the date projected for
1054
the prisoner's release from custody by virtue of gain-time and
1055
credits granted or forfeited pursuant to s. 944.275(3)(a).
1056
Section 31. This act shall take effect July 1, 2026.