Florida Senate - 2018                      CS for CS for SB 1218
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senator Brandes
       
       
       
       
       576-04145-18                                          20181218c2
    1                        A bill to be entitled                      
    2         An act relating to public safety; amending s. 14.32,
    3         F.S.; creating the Florida Correctional Operations
    4         Oversight Council within the Office of Chief Inspector
    5         General; specifying the purpose of the council;
    6         requiring the Office of Chief Inspector General to
    7         provide administrative support to the council;
    8         specifying the composition of the council; providing
    9         terms of office and requirements regarding the
   10         council’s membership; prescribing the duties and
   11         responsibilities of the council; prohibiting the
   12         council from interfering with the operations of the
   13         Department of Corrections or the Department of
   14         Juvenile Justice; authorizing the council to appoint
   15         an executive director; authorizing reimbursement for
   16         per diem and travel expenses for members of the
   17         council; establishing certain restrictions applicable
   18         to members of the council and council staff; providing
   19         an appropriation; amending s. 23.1225, F.S.;
   20         authorizing a mutual aid agreement in the event of a
   21         declared state of emergency for certain law
   22         enforcement purposes; amending s. 30.15, F.S.; making
   23         sheriffs responsible for providing security for trial
   24         court facilities in their respective counties;
   25         requiring a sheriff to coordinate with the chief judge
   26         of the judicial circuit on trial court facility
   27         security matters; providing that certain provisions do
   28         not affect or erode the authority of the counties
   29         under s. 14, Article V of the State Constitution or s.
   30         29.08, F.S., to provide and fund the security of
   31         facilities; deeming sheriffs and their deputies,
   32         employees, and contractors officers of the court when
   33         providing security; granting the chief judge of the
   34         judicial circuit authority to protect due process
   35         rights in certain circumstances; amending s. 57.105,
   36         F.S.; limiting attorney fee awards in civil
   37         proceedings in certain circumstances; creating s.
   38         322.75, F.S.; requiring each judicial circuit to
   39         establish a Driver License Reinstatement Days program
   40         for reinstating suspended driver licenses in certain
   41         circumstances; providing duties of the clerks of court
   42         and the Department of Highway Safety and Motor
   43         Vehicles; authorizing the clerk of court to compromise
   44         on certain fees and costs; providing for program
   45         eligibility; amending s. 784.046, F.S.; prohibiting
   46         attorney fee awards in certain proceedings; amending
   47         s. 784.0485, F.S.; prohibiting attorney fee awards in
   48         certain proceedings; amending s. 812.014, F.S.;
   49         increasing threshold amounts for certain theft
   50         offenses; revising the list of items the theft of
   51         which constitutes a felony of the third degree;
   52         amending s. 812.015, F.S.; increasing threshold
   53         amounts for certain theft offenses; revising
   54         circumstances under which an offense of retail theft
   55         by a person with a prior conviction of retail theft
   56         constitutes a felony of the second degree; amending s.
   57         893.135, F.S.; authorizing a court to impose a
   58         sentence other than a mandatory minimum term of
   59         imprisonment and mandatory fine for a person convicted
   60         of trafficking if the court makes certain findings on
   61         the record; creating s. 900.05, F.S.; providing
   62         legislative intent; providing definitions; requiring
   63         specified entities to collect specific data monthly
   64         beginning on a certain date; requiring specified
   65         entities to transmit certain collected data to the
   66         Department of Law Enforcement quarterly; requiring the
   67         Department of Law Enforcement to compile, maintain,
   68         and make publicly accessible such data beginning on a
   69         certain date; creating a pilot project in a specified
   70         judicial circuit to improve criminal justice data
   71         transparency and ensure data submitted under s.
   72         900.05, F.S., is accurate, valid, reliable, and
   73         structured; authorizing certain persons to enter into
   74         a memorandum of understanding with a national,
   75         nonpartisan, not-for-profit entity meeting certain
   76         criteria for the purpose of embedding a data fellow in
   77         the office or agency; establishing data fellow duties
   78         and responsibilities; providing for the expiration of
   79         the pilot project; providing an appropriation;
   80         creating s. 907.042, F.S.; providing legislative
   81         findings; authorizing the establishment of a
   82         supervised bond program in each county; requiring that
   83         the terms of such programs be developed with the
   84         concurrence of the chief judge, county’s chief
   85         correctional officer, state attorney, and public
   86         defender; providing that a county that has already
   87         established and implemented a supervised bond program
   88         may continue to operate without such concurrence;
   89         providing specified program components; providing
   90         guidelines for the risk assessment instrument;
   91         authorizing the county to contract with the Department
   92         of Corrections to develop or modify a risk assessment
   93         instrument if such instrument meets certain
   94         requirements; authorizing a county to develop or use
   95         an existing risk assessment instrument if validated by
   96         the department and such instrument meets certain
   97         requirements; authorizing a county to contract with
   98         another county for the use of a risk assessment
   99         instrument if validated and such instrument meets
  100         certain requirements; authorizing the county to
  101         contract with an independent entity for use of a risk
  102         assessment instrument if validated and such instrument
  103         meets certain requirements; specifying requirements
  104         for the use, implementation, and distribution of the
  105         risk assessment instrument; requiring each county that
  106         establishes a supervised bond program to submit a
  107         report annually by a certain date to the Office of
  108         Program Policy Analysis and Government Accountability
  109         (OPPAGA); requiring OPPAGA to compile the reports and
  110         include such information in a report sent to the
  111         Governor, President of the Senate, and Speaker of the
  112         House of Representatives in accordance with s.
  113         907.044, F.S.; creating s. 907.0421, F.S.; providing
  114         legislative findings; requiring the Department of
  115         Corrections to develop a risk assessment instrument;
  116         authorizing the department to use or modify an
  117         existing risk assessment instrument; requiring the
  118         department to develop or modify the risk assessment
  119         instrument by a certain date; specifying requirements
  120         for the use, implementation, and distribution of the
  121         risk assessment instrument; creating the Risk
  122         Assessment Pilot Program for a specified period;
  123         specifying the participating counties; requiring each
  124         participating county’s chief correctional officer to
  125         contract with the department to administer the risk
  126         assessment instrument; requiring all counties to
  127         administer the risk assessment instrument to all
  128         persons arrested for a felony; requiring each
  129         participating county to submit a report annually by a
  130         certain date to the department with specified
  131         information; requiring the department to compile the
  132         information of the findings from the participating
  133         counties and submit an annual report by a certain date
  134         to the Governor and the Legislature; authorizing the
  135         department, in consultation with specified persons, to
  136         adopt rules; amending s. 907.043, F.S.; requiring each
  137         pretrial release program to include in its annual
  138         report the types of criminal charges of defendants
  139         accepted into a pretrial release program, the number
  140         of defendants accepted into a pretrial release program
  141         who paid a bail or bond, the number of defendants
  142         accepted into a pretrial release program with no prior
  143         criminal conviction, and the number of defendants for
  144         whom a pretrial risk assessment tool was used or was
  145         not used; creating a pilot project in a specified
  146         judicial circuit to improve criminal justice data
  147         transparency and ensure that data submitted under s.
  148         900.05, F.S., is accurate, valid, reliable, and
  149         structured; authorizing certain persons to enter into
  150         a memorandum of understanding with a national,
  151         nonpartisan, not-for-profit entity meeting certain
  152         criteria for the purpose of embedding a data fellow in
  153         the office or agency; establishing data fellow duties
  154         and responsibilities; providing for the expiration of
  155         the pilot project; providing an appropriation;
  156         amending s. 921.0024, F.S.; requiring scoresheets
  157         prepared for all criminal defendants to be digitized;
  158         requiring the Department of Corrections to develop and
  159         submit revised digitized scoresheets to the Supreme
  160         Court for approval; requiring digitized scoresheets to
  161         include individual data cells for each field on the
  162         scoresheet; requiring the clerk of court to
  163         electronically transmit the digitized scoresheet used
  164         in each sentencing proceeding to the Department of
  165         Corrections; amending s. 932.7061, F.S.; revising the
  166         deadline for submitting an annual report by law
  167         enforcement agencies concerning property seized or
  168         forfeited under the Florida Contraband Forfeiture Act;
  169         creating s. 943.687, F.S.; requiring the Department of
  170         Law Enforcement to collect, compile, maintain, and
  171         manage data collected pursuant to s. 900.05, F.S.;
  172         requiring the Department of Law Enforcement to make
  173         data comparable, transferable, and readily usable;
  174         requiring the department to create a unique identifier
  175         for each criminal case received from the clerks of
  176         court; requiring the department to create and maintain
  177         a certain Internet-based database; providing
  178         requirements for data searchability and sharing;
  179         requiring the department to establish certain rules;
  180         requiring the department to monitor data collection
  181         procedures and test data quality; providing for data
  182         archiving, editing, retrieval, and verification;
  183         amending s. 944.704, F.S.; requiring transition
  184         assistance staff to include information about job
  185         assignment credentialing and industry certification in
  186         job placement information given to an inmate; amending
  187         s. 944.705, F.S.; requiring the Department of
  188         Corrections to provide a comprehensive community
  189         reentry resource directory to each inmate prior to
  190         release; requiring the department to allow nonprofit
  191         faith-based, business and professional, civic, and
  192         community organizations to apply to be registered to
  193         provide inmate reentry services; requiring the
  194         department to adopt policies for screening, approving,
  195         and registering organizations that apply; authorizing
  196         the department to contract with public or private
  197         educational institutions to assist veteran inmates in
  198         applying for certain benefits; amending s. 944.801,
  199         F.S.; requiring the department to develop a Prison
  200         Entrepreneurship Program and adopt procedures for
  201         student inmate admission; specifying requirements for
  202         the program; requiring the department to enter into
  203         agreements with certain entities to carry out duties
  204         associated with the program; authorizing the
  205         department to contract with certain entities to
  206         provide education services for the Correctional
  207         Education Program; creating s. 944.805, F.S.; creating
  208         definitions relating to a certificate of achievement
  209         and employability; creating s. 944.8055, F.S.;
  210         establishing eligibility requirements; establishing a
  211         timeframe for an eligible inmate to apply for a
  212         certificate; establishing eligibility requirements for
  213         an inmate under probation or post-control sanction;
  214         establishing a timeframe for an eligible inmate under
  215         probation or post-control sanction to apply for a
  216         certificate; requiring the department to notify a
  217         licensing agency upon the filing of an application and
  218         provide the opportunity to object to issuing a
  219         certificate; authorizing the department to issue a
  220         certificate; excluding mandatory civil impacts for
  221         which a certificate will not provide relief; requiring
  222         the department to adopt rules; creating s. 944.806,
  223         F.S.; providing that a certificate of achievement and
  224         employability converts a mandatory civil impact into a
  225         discretionary civil impact for purposes of determining
  226         licensure or certification; providing that a
  227         certificate converts a mandatory civil impact into a
  228         discretionary civil impact for purposes of determining
  229         licensure or certification for an employer who has
  230         hired a certificate holder; creating s. 944.8065,
  231         F.S.; requiring the department to adopt rules
  232         governing revocation of a certificate of achievement
  233         and employability; creating s. 945.041, F.S.;
  234         requiring the Department of Corrections to publish
  235         quarterly on its website inmate admissions based on
  236         offense type and the recidivism rate and rate of
  237         probation revocation within a specified period after
  238         release from incarceration; amending s. 947.005, F.S.;
  239         defining the terms “electronic monitoring device” and
  240         “conditional medical release”; amending s. 947.149,
  241         F.S.; defining the terms “inmate with a debilitating
  242         illness” and “medically frail inmate”; amending the
  243         definition of “terminally ill inmate”; expanding
  244         eligibility for conditional medical release to include
  245         inmates with debilitating illnesses; renaming the
  246         current conditional medical release process as
  247         “permissive conditional medical release”; requiring
  248         the Department of Corrections to refer eligible
  249         inmates; authorizing the Florida Commission on
  250         Offender Review to release eligible inmates; creating
  251         mandatory conditional medical release; specifying
  252         eligibility criteria for mandatory conditional medical
  253         release; requiring the department to refer an eligible
  254         inmate to the commission; requiring that certain
  255         inmates whose eligibility is verified by the
  256         commission be placed on conditional medical release;
  257         requiring the commission to review the information and
  258         verify an inmate’s eligibility within a certain
  259         timeframe; requiring that the department’s referral
  260         for release include certain information; requiring
  261         that release consider specified factors related to
  262         placement upon release; authorizing electronic
  263         monitoring for an inmate on conditional medical
  264         release; amending s. 948.001, F.S.; revising a
  265         definition; amending s. 948.013, F.S.; authorizing the
  266         Department of Corrections to transfer an offender to
  267         administrative probation in certain circumstances;
  268         amending s. 948.03, F.S.; requiring the Department of
  269         Corrections to include conditions of probation in the
  270         Florida Crime Information Center database; amending s.
  271         948.06, F.S.; requiring each judicial circuit to
  272         establish an alternative sanctioning program; defining
  273         low- and moderate-risk level technical violations of
  274         probation; establishing permissible sanctions for low-
  275         and moderate-risk violations of probation under the
  276         program; establishing eligibility criteria;
  277         authorizing a probationer who allegedly committed a
  278         technical violation to waive participation in or elect
  279         to participate in the program, admit to the violation,
  280         agree to comply with the recommended sanction, and
  281         agree to waive certain rights; requiring a probation
  282         officer to submit the recommended sanction and certain
  283         documentation to the court if the probationer admits
  284         to committing the violation; authorizing the court to
  285         impose the recommended sanction or direct the
  286         department to submit a violation report, affidavit,
  287         and warrant to the court; specifying that a
  288         probationer’s participation in the program is
  289         voluntary; authorizing a probation officer to submit a
  290         violation report, affidavit, and warrant to the court
  291         in certain circumstances; creating s. 948.081, F.S.;
  292         authorizing the establishment of community court
  293         programs; detailing program criteria; amending s.
  294         893.03, F.S.; conforming a cross-reference; amending
  295         s. 921.0022, F.S.; conforming provisions of the
  296         offense severity ranking chart of the Criminal
  297         Punishment Code to changes made by the act; reenacting
  298         s. 932.7062, F.S., relating to a penalty for
  299         noncompliance with reporting requirements, to
  300         incorporate the amendment made to s. 932.7061, F.S.,
  301         in a reference thereto; reenacting ss. 447.203(3),
  302         F.S., and 944.026(3), F.S., relating to definitions
  303         and community-based facilities, to incorporate the
  304         amendment made to s. 944.801, F.S., in references
  305         thereto; reenacting ss. 316.1935(6), 775.084(4)(k),
  306         775.087(2)(b) and(3)(b), 784.07(3), 790.235(1),
  307         794.0115(7), 893.135(1)(b), (c), and (g) and (3),
  308         921.0024(2), 944.605(7)(b), 944.70(1)(b),
  309         947.13(1)(h), and 947.141(1), (2), and (7), F.S., all
  310         relating to authorized conditional medical release
  311         granted under s. 947.149, F.S., to incorporate the
  312         amendment made to s. 947.149, F.S., in references
  313         thereto; providing an effective date.
  314          
  315  Be It Enacted by the Legislature of the State of Florida:
  316  
  317         Section 1. Subsection (6) is added to section 14.32,
  318  Florida Statutes, to read:
  319         14.32 Office of Chief Inspector General.—
  320         (6) The Florida Correctional Operations Oversight Council,
  321  a council as defined in s. 20.03, is created within the Office
  322  of Chief Inspector General. The council is created for the
  323  purpose of overseeing matters relating to the corrections and
  324  juvenile justice continuum with an emphasis on the safe and
  325  effective operations of major institutions and facilities under
  326  the purview of the Department of Corrections and the Department
  327  of Juvenile Justice. However, in instances in which the policies
  328  of other components of the criminal justice system affect
  329  corrections or the juvenile justice continuum, the council shall
  330  advise and make recommendations. The Office of Chief Inspector
  331  General shall provide administrative support to the council. The
  332  council is not subject to control, supervision, or direction by
  333  the Chief Inspector General in the performance of its duties,
  334  but is governed by the classification plan and salary and
  335  benefits plan approved by the Executive Office of the Governor.
  336         (a) The council is composed of the following members:
  337         1. Three members appointed by the Governor.
  338         2. Three members appointed by the President of the Senate.
  339         3. Three members appointed by the Speaker of the House of
  340  Representatives.
  341  
  342  The initial members of the council shall be appointed by January
  343  1, 2019. Members of the council shall be appointed for terms of
  344  4 years. However, to achieve staggered terms, one appointee of
  345  each of the appointing authorities shall be appointed for an
  346  initial 2-year term. Members must be appointed in a manner that
  347  ensures equitable representation of different geographic regions
  348  of the state, and members must be residents of this state.
  349  Members of the council must act on behalf of the state as a
  350  whole and may not subordinate the needs of the state to those of
  351  a particular region. The council’s membership should, to the
  352  greatest extent possible, include persons with a background in
  353  prison operations, county detention facility management, or the
  354  juvenile justice continuum of services.
  355         (b) The council’s primary duties and responsibilities
  356  include:
  357         1. Evaluating, investigating, and overseeing the daily
  358  operations of correctional and juvenile facilities.
  359         2. Conducting announced and unannounced inspections of
  360  correctional and juvenile facilities, including facilities
  361  operated by private contractors. Members of the council may
  362  enter any facility where prisoners, residents, or juveniles are
  363  kept. Members shall be immediately admitted to such places as
  364  they request and may consult and confer with any prisoner,
  365  resident, or juvenile privately with adequate security in place.
  366         3. Identifying and monitoring high-risk and problematic
  367  correctional or juvenile facilities, and reporting findings and
  368  recommendations relating to such facilities.
  369         4. Providing technical assistance when appropriate.
  370         5. Submitting an annual report to the Governor, the
  371  President of the Senate, and the Speaker of the House of
  372  Representatives by each November 1, beginning in 2019. The
  373  report must include statutory, budgetary, and operational
  374  recommendations to the Legislature which address problems
  375  identified by the council.
  376         6. Conducting confidential interviews with staff, officers,
  377  inmates, juveniles, volunteers, and public officials relating to
  378  the operations and conditions of correctional and juvenile
  379  facilities.
  380         7. Developing and implementing a monitoring tool that will
  381  be used to assess the performance of each correctional and
  382  juvenile facility.
  383         8. Conducting on-site visits to correctional and juvenile
  384  facilities on a regular basis.
  385         (c) The council may not interfere with the day-to-day
  386  operations of the Department of Corrections and the Department
  387  of Juvenile Justice, but shall conduct investigations and
  388  provide recommendations for improvement.
  389         (d) The council shall appoint an executive director who
  390  shall serve under the direction of the members of the council.
  391         (e) Members of the council shall serve without compensation
  392  but are entitled to receive reimbursement for per diem and
  393  travel expenses as provided in s. 112.061.
  394         (f) Members of the council or its staff may not have
  395  immediate family members working for the Department of
  396  Corrections, the Department of Juvenile Justice, or a private
  397  institution, facility, or provider under contract with either
  398  department. A member of the council may not have any direct or
  399  indirect interest in a contract, subcontract, franchise,
  400  privilege, or other benefit granted or awarded by either
  401  department while serving as a member of the council.
  402         Section 2. For the 2018-2019 fiscal year, the sums of
  403  $168,074 in recurring funds and $37,855 in nonrecurring funds
  404  are appropriated from the General Revenue Fund to the Executive
  405  Office of the Governor, and one full-time equivalent position
  406  with associated salary rate of 70,000 is authorized, for the
  407  purpose of administering the Florida Correctional Operations
  408  Oversight Council.
  409         Section 3. Subsection (5) of section 23.1225, Florida
  410  Statutes, is amended to read:
  411         23.1225 Mutual aid agreements.—
  412         (5) In the event of a disaster or emergency such that a
  413  state of emergency is declared by the Governor pursuant to
  414  chapter 252, a mutual aid agreement may be used to increase the
  415  presence of law enforcement to aid in traffic and crowd control,
  416  emergency response, and evacuation support. The requirement that
  417  a requested operational assistance agreement be a written
  418  agreement for rendering of assistance in a law enforcement
  419  emergency may be waived by the participating agencies for a
  420  period of up to 90 days from the declaration of the disaster.
  421         (a) When a law enforcement agency lends assistance pursuant
  422  to this subsection, all powers, privileges, and immunities
  423  listed in s. 23.127, except with regard to interstate mutual aid
  424  agreements, apply to the agency or entity, if the law
  425  enforcement employees rendering services are being requested and
  426  coordinated by the affected local law enforcement executive in
  427  charge of law enforcement operations.
  428         (b) A listing of such agencies or entities and the officers
  429  and employees of such agencies or entities rendering assistance
  430  pursuant to this subsection must be maintained by the agency or
  431  entity requesting such assistance and filed at the end of the
  432  90-day period with the Florida Department of Law Enforcement.
  433         Section 4. Subsection (4) is added to section 30.15,
  434  Florida Statutes, to read:
  435         30.15 Powers, duties, and obligations.—
  436         (4)(a) The sheriff and the governing board of the county
  437  shall provide security for trial court facilities located within
  438  each county of a judicial circuit. The sheriff and the county
  439  shall coordinate with the chief judge of the applicable judicial
  440  circuit on security matters for such facilities, but the sheriff
  441  and county shall retain operational control over the manner in
  442  which security is provided, as applicable, in such facilities.
  443  Nothing in this subsection shall be construed to affect or erode
  444  the authority of counties under s. 14, Article V of the State
  445  Constitution or s. 29.008, to provide and fund the security of
  446  facilities as defined s. 29.008(1)(e).
  447         (b) Pursuant to s. 26.49, sheriffs and their deputies,
  448  employees, and contractors are officers of the court when
  449  providing security for trial court facilities under this
  450  subsection.
  451         (c) The chief judge of the judicial circuit shall have
  452  decisionmaking authority to ensure the protection of due process
  453  rights, including, but not limited to, the scheduling and
  454  conduct of trials and other judicial proceedings, as part of his
  455  or her responsibility for the administrative supervision of the
  456  trial courts pursuant to s. 43.26.
  457         Section 5. Subsection (1) of section 57.105, Florida
  458  Statutes, is amended to read:
  459         57.105 Attorney’s fee; sanctions for raising unsupported
  460  claims or defenses; exceptions; service of motions; damages for
  461  delay of litigation.—
  462         (1) Unless otherwise provided, upon the court’s initiative
  463  or motion of any party, the court shall award a reasonable
  464  attorney’s fee, including prejudgment interest, to be paid to
  465  the prevailing party in equal amounts by the losing party and
  466  the losing party’s attorney on any claim or defense at any time
  467  during a civil proceeding or action in which the court finds
  468  that the losing party or the losing party’s attorney knew or
  469  should have known that a claim or defense when initially
  470  presented to the court or at any time before trial:
  471         (a) Was not supported by the material facts necessary to
  472  establish the claim or defense; or
  473         (b) Would not be supported by the application of then
  474  existing law to those material facts.
  475         Section 6. Section 322.75, Florida Statutes, is created to
  476  read:
  477         322.75 Driver License Reinstatement Days.—
  478         (1) Each judicial circuit shall establish a Driver License
  479  Reinstatement Days program for reinstating suspended driver
  480  licenses. Participants shall include the Department of Highway
  481  Safety and Motor Vehicles, the state attorney’s office, the
  482  public defender’s office, the circuit and county courts, the
  483  clerk of court, and any interested community organization.
  484         (2) The clerk of court, in consultation with other
  485  participants, shall select one or more days for an event at
  486  which a person may have his or her driver license reinstated. A
  487  person must pay the full license reinstatement fee; however, the
  488  clerk may compromise or waive other fees and costs to facilitate
  489  reinstatement.
  490         (3)(a) A person is eligible for reinstatement under the
  491  program if his or her license was suspended due to:
  492         1. Driving without a valid driver license;
  493         2. Driving with a suspended driver license;
  494         3. Failing to make a payment on penalties in collection;
  495         4. Failing to appear in court for a traffic violation; or
  496         5. Failing to comply with provisions of chapter 318 or this
  497  chapter.
  498         (b) Notwithstanding paragraphs (4)(a) through (c), a person
  499  is eligible for reinstatement under the program if the period of
  500  suspension or revocation has elapsed, the person has completed
  501  any required course or program as described in paragraph (4)(c),
  502  and the person is otherwise eligible for reinstatement.
  503         (4) A person is not eligible for reinstatement under the
  504  program if his or her driver license is suspended or revoked:
  505         (a) Because the person failed to fulfill a court-ordered
  506  child support obligation;
  507         (b) For a violation of s. 316.193;
  508         (c) Because the person has not completed a driver training
  509  program, driver improvement course, or alcohol or substance
  510  abuse education or evaluation program required under ss.
  511  316.192, 316.193, 322.2616, 322.271, or 322.264;
  512         (d) For a traffic-related felony; or
  513         (e) Because the person is a habitual traffic offender under
  514  s. 322.264.
  515         (5) The clerk of court and the Department of Highway Safety
  516  and Motor Vehicles shall verify any information necessary for
  517  reinstatement of a driver license under the program.
  518         Section 7. Paragraph (f) is added to subsection (2) of
  519  section 784.046, Florida Statutes, to read:
  520         784.046 Action by victim of repeat violence, sexual
  521  violence, or dating violence for protective injunction; dating
  522  violence investigations, notice to victims, and reporting;
  523  pretrial release violations; public records exemption.—
  524         (2) There is created a cause of action for an injunction
  525  for protection in cases of repeat violence, there is created a
  526  separate cause of action for an injunction for protection in
  527  cases of dating violence, and there is created a separate cause
  528  of action for an injunction for protection in cases of sexual
  529  violence.
  530         (f) Notwithstanding any other law, attorney fees may not be
  531  awarded in any proceeding under this section.
  532         Section 8. Paragraph (d) is added to subsection (2) of
  533  section 784.0485, Florida Statutes, to read:
  534         784.0485 Stalking; injunction; powers and duties of court
  535  and clerk; petition; notice and hearing; temporary injunction;
  536  issuance of injunction; statewide verification system;
  537  enforcement.—
  538         (2)
  539         (d) Notwithstanding any other law, attorney fees may not be
  540  awarded in any proceeding under this section.
  541         Section 9. Paragraphs (c), (d), and (e) of subsection (2)
  542  and paragraphs (a), (b), and (c) of subsection (3) of section
  543  812.014, Florida Statutes, are amended to read:
  544         812.014 Theft.—
  545         (2)
  546         (c) It is grand theft of the third degree and a felony of
  547  the third degree, punishable as provided in s. 775.082, s.
  548  775.083, or s. 775.084, if the property stolen is:
  549         1. Valued at $1,000 $300 or more, but less than $5,000.
  550         2. Valued at $5,000 or more, but less than $10,000.
  551         3. Valued at $10,000 or more, but less than $20,000.
  552         4. A will, codicil, or other testamentary instrument.
  553         4.5. A firearm.
  554         5.6. A motor vehicle, except as provided in paragraph (a).
  555         6.7. Any commercially farmed animal, including any animal
  556  of the equine, bovine, or swine class or other grazing animal,
  557  or any animal of the avian class; a bee colony of a registered
  558  beekeeper; and aquaculture species raised at a certified
  559  aquaculture facility. If the property stolen is aquaculture
  560  species raised at a certified aquaculture facility, then a
  561  $10,000 fine shall be imposed.
  562         8. Any fire extinguisher.
  563         7.9. Any amount of citrus fruit consisting of 2,000 or more
  564  individual pieces of fruit.
  565         10. Taken from a designated construction site identified by
  566  the posting of a sign as provided for in s. 810.09(2)(d).
  567         11. Any stop sign.
  568         8.12. Anhydrous ammonia.
  569         9.13. Any amount of a controlled substance as defined in s.
  570  893.02. Notwithstanding any other law, separate judgments and
  571  sentences for theft of a controlled substance under this
  572  subparagraph and for any applicable possession of controlled
  573  substance offense under s. 893.13 or trafficking in controlled
  574  substance offense under s. 893.135 may be imposed when all such
  575  offenses involve the same amount or amounts of a controlled
  576  substance.
  577         10. A utility service under s. 812.14.
  578  
  579  However, if the property is stolen within a county that is
  580  subject to a state of emergency declared by the Governor under
  581  chapter 252, the property is stolen after the declaration of
  582  emergency is made, and the perpetration of the theft is
  583  facilitated by conditions arising from the emergency, the
  584  offender commits a felony of the second degree, punishable as
  585  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  586  property is valued at $5,000 or more, but less than $10,000, as
  587  provided under subparagraph 2., or if the property is valued at
  588  $10,000 or more, but less than $20,000, as provided under
  589  subparagraph 3. As used in this paragraph, the term “conditions
  590  arising from the emergency” means civil unrest, power outages,
  591  curfews, voluntary or mandatory evacuations, or a reduction in
  592  the presence of or the response time for first responders or
  593  homeland security personnel. For purposes of sentencing under
  594  chapter 921, a felony offense that is reclassified under this
  595  paragraph is ranked one level above the ranking under s.
  596  921.0022 or s. 921.0023 of the offense committed.
  597         (d) It is grand theft of the third degree and a felony of
  598  the third degree, punishable as provided in s. 775.082, s.
  599  775.083, or s. 775.084, if the property stolen is valued at
  600  $1,000 $100 or more, but less than $5,000 $300, and is taken
  601  from a dwelling as defined in s. 810.011(2) or from the
  602  unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
  603         (e) Except as provided in paragraph (d), if the property
  604  stolen is valued at $500 $100 or more, but less than $1,000
  605  $300, the offender commits petit theft of the first degree,
  606  punishable as a misdemeanor of the first degree, as provided in
  607  s. 775.082 or s. 775.083.
  608         (3)(a) Theft of any property not specified in subsection
  609  (2) is petit theft of the second degree and a misdemeanor of the
  610  second degree, punishable as provided in s. 775.082 or s.
  611  775.083, and as provided in subsection (5), as applicable.
  612         (b) A person who commits petit theft and who has previously
  613  been convicted of any theft commits a misdemeanor of the first
  614  degree, punishable as provided in s. 775.082 or s. 775.083.
  615         (c) A person who commits petit theft in the first degree,
  616  and who has previously been convicted two or more times as an
  617  adult of any theft, and if the third or subsequent petit theft
  618  offense occurred within 3 years of the expiration of his or her
  619  sentence for the most recent theft conviction, commits a felony
  620  of the third degree, punishable as provided in s. 775.082 or s.
  621  775.083.
  622         Section 10. Subsections (8) and (9) of section 812.015,
  623  Florida Statutes, are amended to read:
  624         812.015 Retail and farm theft; transit fare evasion;
  625  mandatory fine; alternative punishment; detention and arrest;
  626  exemption from liability for false arrest; resisting arrest;
  627  penalties.—
  628         (8) Except as provided in subsection (9), a person who
  629  commits retail theft commits a felony of the third degree,
  630  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  631  if the property stolen is valued at $1,000 $300 or more, and the
  632  person:
  633         (a) Individually, or in concert with one or more other
  634  persons, coordinates the activities of one or more individuals
  635  in committing the offense, in which case the amount of each
  636  individual theft is aggregated to determine the value of the
  637  property stolen;
  638         (b) Commits theft from more than one location within a 48
  639  hour period, in which case the amount of each individual theft
  640  is aggregated to determine the value of the property stolen;
  641         (c) Acts in concert with one or more other individuals
  642  within one or more establishments to distract the merchant,
  643  merchant’s employee, or law enforcement officer in order to
  644  carry out the offense, or acts in other ways to coordinate
  645  efforts to carry out the offense; or
  646         (d) Commits the offense through the purchase of merchandise
  647  in a package or box that contains merchandise other than, or in
  648  addition to, the merchandise purported to be contained in the
  649  package or box.
  650         (9) A person commits a felony of the second degree,
  651  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  652  if the person:
  653         (a) Violates subsection (8) as an adult and has previously
  654  been convicted of a violation of subsection (8) within 3 years
  655  of the expiration of his or her sentence for the conviction; or
  656         (b) Individually, or in concert with one or more other
  657  persons, coordinates the activities of one or more persons in
  658  committing the offense of retail theft where the stolen property
  659  has a value in excess of $3,000.
  660         Section 11. Present subsections (6) and (7) of section
  661  893.135, Florida Statutes, are redesignated as subsections (7)
  662  and (8), respectively, and a new subsection (6) is added to that
  663  section, to read:
  664         893.135 Trafficking; mandatory sentences; suspension or
  665  reduction of sentences; conspiracy to engage in trafficking.—
  666         (6) Notwithstanding any provision of this section, a court
  667  may impose a sentence for a violation of this section other than
  668  the mandatory minimum term of imprisonment and mandatory fine if
  669  the court finds on the record that all of the following
  670  circumstances exist:
  671         (a) The person did not engage in a continuing criminal
  672  enterprise as defined in s. 893.20(1).
  673         (b) The person did not use or threaten violence or use a
  674  weapon during the commission of the crime.
  675         (c) The person did not cause a death or serious bodily
  676  injury.
  677         Section 12. Section 900.05, Florida Statutes, is created to
  678  read:
  679         900.05 Criminal justice data collection.—It is the intent
  680  of the Legislature to create a model of uniform criminal justice
  681  data collection by requiring local and state criminal justice
  682  agencies to report complete, accurate, and timely data, and to
  683  make such data available to the public.
  684         (1) DEFINITIONS.—As used in this section, the term:
  685         (a) “Annual felony caseload” means the yearly caseload of
  686  each full-time state attorney and assistant state attorney or
  687  public defender and assistant public defender for cases assigned
  688  to the circuit criminal division, based on the number of felony
  689  cases reported to the Supreme Court under s. 25.075. The term
  690  does not include the appellate caseload of a public defender or
  691  assistant public defender. Cases reported pursuant to this term
  692  must be associated with a case number and each case number must
  693  only be reported once regardless of the number of attorney
  694  assignments that occur during the course of litigation.
  695         (b) “Annual misdemeanor caseload” means the yearly caseload
  696  of each full-time state attorney and assistant state attorney or
  697  public defender and assistant public defender for cases assigned
  698  to the county criminal division, based on the number of
  699  misdemeanor cases reported to the Supreme Court under s. 25.075.
  700  The term does not include the appellate caseload of a public
  701  defender or assistant public defender. Cases reported pursuant
  702  to this term must be associated with a case number and each case
  703  number must only be reported once regardless of the number of
  704  attorney assignments that occur during the course of litigation.
  705         (c) “Attorney assignment date” means the date a court
  706  appointed attorney is assigned to the case or, if privately
  707  retained, the date an attorney files a notice of appearance with
  708  the clerk of court.
  709         (d) “Attorney withdrawal date” means the date the court
  710  removes court-appointed counsel from a case or, for a privately
  711  retained attorney, the date a motion to withdraw is granted by
  712  the court.
  713         (e) “Case number” means the identification number assigned
  714  by the clerk of court to a criminal case.
  715         (f) “Case status” means whether a case is open, inactive,
  716  closed, or reopened due to a violation of probation or community
  717  control.
  718         (g) “Charge description” means the statement of the conduct
  719  that is alleged to have been violated, the associated statutory
  720  section establishing such conduct as criminal, and the
  721  misdemeanor or felony classification that is provided for in the
  722  statutory section alleged to have been violated.
  723         (h) “Charge modifier” means an aggravating circumstance of
  724  an alleged crime that enhances or reclassifies a charge to a
  725  more serious misdemeanor or felony offense level.
  726         (i) “Concurrent or consecutive sentence flag” means an
  727  indication that a defendant is serving another sentence
  728  concurrently or consecutively in addition to the sentence for
  729  which data is being reported.
  730         (j) “Daily number of correctional officers” means the
  731  number of full-time, part-time, and auxiliary correctional
  732  officers who are actively providing supervision, protection,
  733  care, custody, and control of inmates in a county detention
  734  facility or state correctional institution or facility each day.
  735         (k) “Deferred prosecution or pretrial diversion agreement
  736  date” means the date a contract is signed by the parties
  737  regarding a defendant’s admission into a deferred prosecution or
  738  pretrial diversion program.
  739         (l) “Deferred prosecution or pretrial diversion hearing
  740  date” means each date that a hearing, including a status
  741  hearing, is held on a case that is in a deferred prosecution or
  742  pretrial diversion program, if applicable.
  743         (m) “Disciplinary violation and action” means any conduct
  744  performed by an inmate in violation of the rules of a county
  745  detention facility or state correctional institution or facility
  746  that results in the initiation of disciplinary proceedings by
  747  the custodial entity and the consequences of such disciplinary
  748  proceedings.
  749         (n) “Disposition date” means the date of final judgment,
  750  adjudication, adjudication withheld, dismissal, or nolle
  751  prosequi for the case and if different dates apply, the
  752  disposition dates of each charge.
  753         (o) “Domestic violence flag” means an indication that a
  754  charge involves domestic violence as defined in s. 741.28.
  755         (p) “Gang affiliation flag” means an indication that a
  756  defendant is involved in or associated with a criminal gang as
  757  defined in s. 874.03.
  758         (q) “Gain-time credit earned” means a credit of time
  759  awarded to an inmate in a county detention facility in
  760  accordance with s. 951.22 or a state correctional institution or
  761  facility in accordance with s. 944.275.
  762         (r) “Habitual offender flag” means an indication that a
  763  defendant is a habitual felony offender as defined in s. 775.084
  764  or a habitual misdemeanor offender as defined in s. 775.0837.
  765         (s) “Judicial transfer date” means a date on which a
  766  defendant’s case is transferred to another court or presiding
  767  judge.
  768         (t) “Number of contract attorneys representing indigent
  769  defendants for the office of the public defender” means the
  770  number of attorneys hired on a temporary basis, by contract, to
  771  represent indigent clients who were appointed a public defender.
  772         (u) “Pretrial release violation flag” means an indication
  773  that the defendant has violated the terms of his or her pretrial
  774  release.
  775         (v) “Prior incarceration within the state” means any prior
  776  history of a defendant being incarcerated in a county detention
  777  facility or state correctional institution or facility.
  778         (w) “Tentative release date” means the anticipated date
  779  that an inmate will be released from incarceration after the
  780  application of adjustments for any gain-time earned or credit
  781  for time served.
  782         (x) “Sexual offender flag” means an indication that a
  783  defendant required to register as a sexual predator as defined
  784  in s. 775.21 or as a sexual offender as defined in s. 943.0435.
  785         (2) DATA COLLECTION AND REPORTING.—Beginning January 1,
  786  2019, an entity required to collect data in accordance with this
  787  subsection shall collect the specified data required of the
  788  entity on a monthly basis. Each entity shall report the data
  789  collected in accordance with this subsection to the Department
  790  of Law Enforcement on a quarterly basis.
  791         (a) Clerk of the Court.—Each clerk of court shall collect
  792  the following data for each criminal case:
  793         1. Case number.
  794         2. Date that the alleged offense occurred.
  795         3. County in which the offense is alleged to have occurred.
  796         4. Date the defendant is taken into physical custody by a
  797  law enforcement agency or is issued a notice to appear on a
  798  criminal charge, if such date is different from the date the
  799  offense is alleged to have occurred.
  800         5. Date that the criminal prosecution of a defendant is
  801  formally initiated through the filing, with the clerk of the
  802  court, of an information by the state attorney or an indictment
  803  issued by a grand jury.
  804         6. Arraignment date.
  805         7. Attorney assignment date.
  806         8. Attorney withdrawal date.
  807         9. Case status.
  808         10. Disposition date.
  809         11. Information related to each defendant, including:
  810         a. Identifying information, including name, date of birth,
  811  age, race or ethnicity, and gender.
  812         b. Zip code of primary residence.
  813         c. Primary language.
  814         d. Citizenship.
  815         e. Immigration status, if applicable.
  816         f. Whether the defendant has been found by a court to be
  817  indigent pursuant to s. 27.52.
  818         12. Information related to the formal charges filed against
  819  the defendant, including:
  820         a. Charge description.
  821         b. Charge modifier, if applicable.
  822         c. Drug type for each drug charge, if known.
  823         d. Qualification for a flag designation as defined in this
  824  section, including a domestic violence flag, gang affiliation
  825  flag, sexual offender flag, habitual offender flag, or pretrial
  826  release violation flag.
  827         13. Information related to bail or bond and pretrial
  828  release determinations, including the dates of any such
  829  determinations:
  830         a. Pretrial release determination made at a first
  831  appearance hearing that occurs within 24 hours of arrest,
  832  including all monetary and nonmonetary conditions of release.
  833         b. Modification of bail or bond conditions made by a court
  834  having jurisdiction to try the defendant or, in the absence of
  835  the judge of the trial court, by the circuit court, including
  836  modifications to any monetary and nonmonetary conditions of
  837  release.
  838         c. Cash bail or bond payment, including whether the
  839  defendant utilized a bond agent to post a surety bond.
  840         d. Date defendant is released on bail, bond, or pretrial
  841  release.
  842         e. Bail or bond revocation due to a new offense, a failure
  843  to appear, or a violation of the terms of bail or bond, if
  844  applicable.
  845         14. Information related to court dates and dates of motions
  846  and appearances, including:
  847         a. Date of any court appearance and the type of proceeding
  848  scheduled for each date reported.
  849         b. Date of any failure to appear in court, if applicable.
  850         c. Judicial transfer date, if applicable.
  851         d. Trial date.
  852         e. Date that a defendant files a notice to participate in
  853  discovery.
  854         f. Speedy trial motion and hearing dates, if applicable.
  855         g. Dismissal motion and hearing dates, if applicable.
  856         15. Whether the attorney representing the defendant is
  857  court-appointed to or privately retained by a defendant, or
  858  whether the defendant is represented pro se.
  859         16. Information related to sentencing, including:
  860         a. Date that a court enters a sentence against a defendant.
  861         b. Sentence type and length imposed by the court,
  862  including, but not limited to, the total duration of
  863  imprisonment in a county detention facility or state
  864  correctional institution or facility, and conditions probation
  865  or community control supervision.
  866         c. Amount of time served in custody by the defendant
  867  related to the reported criminal case that is credited at the
  868  time of disposition of the case to reduce the actual length of
  869  time the defendant will serve on the term of imprisonment that
  870  is ordered by the court at disposition.
  871         d. Total amount of court fees imposed by the court at the
  872  disposition of the case.
  873         e. Outstanding balance of the defendant’s court fees
  874  imposed by the court at disposition of the case.
  875         f. Total amount of fines imposed by the court at the
  876  disposition of the case.
  877         g. Outstanding balance of the defendant’s fines imposed by
  878  the court at disposition of the case.
  879         h. Restitution amount ordered, including the amount
  880  collected by the court and the amount paid to the victim, if
  881  applicable.
  882         i. Digitized sentencing scoresheet prepared in accordance
  883  with s. 921.0024.
  884         17. The number of judges or magistrates, or their
  885  equivalents, hearing cases in circuit or county criminal
  886  divisions of the circuit court. Judges or magistrates, or their
  887  equivalents, who solely hear appellate cases from the county
  888  criminal division are not to be reported under this
  889  subparagraph.
  890         (b) State attorney.—Each state attorney shall collect the
  891  following data:
  892         1. Information related to a human victim of a criminal
  893  offense, including:
  894         a. Identifying information of the victim, including race or
  895  ethnicity, gender, and age.
  896         b. Relationship to the offender, if any.
  897         2. Number of full-time prosecutors.
  898         3. Number of part-time prosecutors.
  899         4. Annual felony caseload.
  900         5. Annual misdemeanor caseload.
  901         6. Any charge referred to the state attorney by a law
  902  enforcement agency related to an episode of criminal activity.
  903         7. Number of cases in which a no-information was filed.
  904         8. Information related to each defendant, including:
  905         a. Each charge referred to the state attorney by a law
  906  enforcement agency related to an episode of criminal activity.
  907         b. Drug type for each drug charge, if applicable.
  908         c. Deferred prosecution or pretrial diversion agreement
  909  date, if applicable.
  910         d. Deferred prosecution or pretrial diversion hearing date,
  911  if applicable.
  912         (c) Public defender.—Each public defender shall collect the
  913  following data for each criminal case:
  914         1. Number of full-time public defenders.
  915         2. Number of part-time public defenders.
  916         3. Number of contract attorneys representing indigent
  917  defendants for the office of the public defender.
  918         4. Annual felony caseload.
  919         5. Annual misdemeanor caseload.
  920         (d) County detention facility.—The administrator of each
  921  county detention facility shall collect the following data:
  922         1. Maximum capacity for the county detention facility.
  923         2. Weekly admissions to the county detention facility for a
  924  revocation of probation or community control.
  925         3. Daily population of the county detention facility,
  926  including the specific number of inmates in the custody of the
  927  county that:
  928         a. Are awaiting case disposition.
  929         b. Have been sentenced by a court to a term of imprisonment
  930  in the county detention facility.
  931         c. Have been sentenced by a court to a term of imprisonment
  932  with the Department of Corrections and who are awaiting
  933  transportation to the department.
  934         d. Have a federal detainer or are awaiting disposition of a
  935  case in federal court.
  936         4. Information related to each inmate, including:
  937         a. Date a defendant is processed into the county detention
  938  facility subsequent to an arrest for a new violation of law or
  939  for a violation of probation or community control.
  940         b. Qualification for a flag designation as defined in this
  941  section, including domestic violence flag, gang affiliation
  942  flag, habitual offender flag, pretrial release violation flag,
  943  or sexual offender flag.
  944         5. Total population of the county detention facility at
  945  year-end. This data must include the same specified
  946  classifications as subparagraph 3.
  947         6. Per diem rate for a county detention facility bed.
  948         7. Daily number of correctional officers for the county
  949  detention facility.
  950         8. Annual county detention facility budget. This
  951  information only needs to be reported once annually at the
  952  beginning of the county’s fiscal year.
  953         9. Revenue generated for the county from the temporary
  954  incarceration of federal defendants or inmates.
  955         (e) Department of Corrections.—The Department of
  956  Corrections shall collect the following data:
  957         1. Information related to each inmate, including:
  958         a. Identifying information, including name, date of birth,
  959  race or ethnicity, and identification number assigned by the
  960  department.
  961         b. Number of children.
  962         c. Education level, including any vocational training.
  963         d. Date the inmate was admitted to the custody of the
  964  department.
  965         e. Current institution placement and the security level
  966  assigned to the institution.
  967         f. Custody level assignment.
  968         g. Qualification for a flag designation as defined in this
  969  section, including sexual offender flag, habitual offender flag,
  970  gang affiliation flag, or concurrent or consecutive sentence
  971  flag.
  972         h. County that committed the prisoner to the custody of the
  973  department.
  974         i. Whether the reason for admission to the department is
  975  for a new conviction or a violation of probation, community
  976  control, or parole. For an admission for a probation, community
  977  control, or parole violation, the department shall report
  978  whether the violation was technical or based on a new violation
  979  of law.
  980         j. Specific statutory citation for which the inmate was
  981  committed to the department, including, for an inmate convicted
  982  of drug trafficking under s. 893.135, the statutory citation for
  983  each specific drug trafficked.
  984         k. Length of sentence or concurrent or consecutive
  985  sentences served.
  986         l. Tentative release date.
  987         m. Gain time earned in accordance with s. 944.275.
  988         n. Prior incarceration within the state.
  989         o. Disciplinary violation and action.
  990         p. Participation in rehabilitative or educational programs
  991  while in the custody of the department.
  992         2. Information about each state correctional institution or
  993  facility, including:
  994         a. Budget for each state correctional institution or
  995  facility.
  996         b. Daily prison population of all inmates incarcerated in a
  997  state correctional institution or facility.
  998         c. Daily number of correctional officers for each state
  999  correctional institution or facility.
 1000         3. Information related to persons supervised by the
 1001  department on probation or community control, including:
 1002         a. Identifying information for each person supervised by
 1003  the department on probation or community control, including his
 1004  or her name, date of birth, race or ethnicity, sex, and
 1005  department-assigned case number.
 1006         b. Length of probation or community control sentence
 1007  imposed and amount of time that has been served on such
 1008  sentence.
 1009         c. Projected termination date for probation or community
 1010  control.
 1011         d. Revocation of probation or community control due to a
 1012  violation, including whether the revocation is due to a
 1013  technical violation of the conditions of supervision or from the
 1014  commission of a new law violation.
 1015         4. Per diem rates for:
 1016         a. Prison bed.
 1017         b. Probation.
 1018         c. Community control.
 1019  
 1020  This information only needs to be reported once annually at the
 1021  time the most recent per diem rate is published.
 1022         (3) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the
 1023  Department of Law Enforcement shall publish datasets in its
 1024  possession in a modern, open, electronic format that is machine
 1025  readable and readily accessible by the public on the
 1026  department’s website. The published data must be searchable, at
 1027  a minimum, by each data element, county, circuit, and unique
 1028  identifier. Beginning March 1, 2019, the department shall begin
 1029  publishing the data received under subsection (2) in the same
 1030  modern, open, electronic format that is machine-readable and
 1031  readily accessible to the public on the department’s website.
 1032  The department shall publish all data received under subsection
 1033  (2) no later than July 1, 2019.
 1034         Section 13. A pilot project is established in the Sixth
 1035  Judicial Circuit for the purpose of improving criminal justice
 1036  data transparency and ensuring that data submitted under s.
 1037  900.05, Florida Statutes, is accurate, valid, reliable, and
 1038  structured. The clerk of court, the state attorney, the public
 1039  defender, or a sheriff in the circuit may enter into a
 1040  memorandum of understanding with a national, nonpartisan, not
 1041  for-profit entity which provides data and measurement for
 1042  county-level criminal justice systems to establish the duties
 1043  and responsibilities of a data fellow, completely funded by the
 1044  entity, to be embedded with the office or agency. The data
 1045  fellow shall assist with data extraction, validation, and
 1046  quality and shall publish such data consistent with the terms of
 1047  the memorandum. The data fellow shall assist the office or
 1048  agency in compiling and reporting data pursuant to s. 900.05,
 1049  Florida Statutes, in compliance with rules established by the
 1050  Department of Law Enforcement. The pilot project shall expire as
 1051  provided in the memorandum.
 1052         Section 14. For the 2018-2019 fiscal year, nine full-time
 1053  equivalent positions with associated salary rate of 476,163 are
 1054  authorized and the recurring sum of $665,884 and the
 1055  nonrecurring sum of $1,084,116 is appropriated from the General
 1056  Revenue Fund to the Department of Law Enforcement for the
 1057  purposes of implementing ss. 900.05(3) and 943.687, Florida
 1058  Statutes, transitioning to incident-based crime reporting, and
 1059  collecting and submitting crime statistics that meet the
 1060  requirements of the Federal Bureau of Investigation under the
 1061  National Incident-Based Reporting System.
 1062         Section 15. Section 907.042, Florida Statutes, is created
 1063  to read:
 1064         907.042 Supervised bond program.—
 1065         (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
 1066  is a need to use evidence-based methods to identify defendants
 1067  that can successfully comply with specified pretrial release
 1068  conditions. The Legislature finds that the use of actuarial
 1069  instruments that evaluate criminogenic based needs and classify
 1070  defendants according to levels of risk provides a more
 1071  consistent and accurate assessment of a defendant’s risk of
 1072  noncompliance while on pretrial release pending trial. The
 1073  Legislature also finds that both the community and a defendant
 1074  are better served when a defendant, who poses a low risk to
 1075  society, is provided the opportunity to fulfill employment and
 1076  familial responsibilities in the community under a structured
 1077  pretrial release plan that ensures the best chance of remaining
 1078  compliant with all pretrial conditions rather than remaining in
 1079  custody. The Legislature finds that there is a benefit to
 1080  establishing a supervised bond program in each county for the
 1081  purpose of providing pretrial release to certain defendants who
 1082  may not otherwise be eligible for pretrial release on
 1083  unsupervised nonmonetary conditions and who do not have the
 1084  ability to satisfy the bond imposed by the court. The
 1085  Legislature finds that the creation of such a program will
 1086  reduce the likelihood of defendants remaining unnecessarily in
 1087  custody pending trial.
 1088         (2) CREATION.—A supervised bond program may be established
 1089  in each county with the terms of each program to be developed
 1090  with concurrence of the chief judge of the circuit, the county’s
 1091  chief correctional officer, the state attorney, and the public
 1092  defender. A county that has already established and implemented
 1093  a supervised bond program whose program and risk assessment
 1094  instrument is in compliance with subsections (3) and (4) may
 1095  continue to operate without such concurrence.
 1096         (3) PROGRAM REQUIREMENTS.—A supervised bond program, at a
 1097  minimum, shall:
 1098         (a) Require the county’s chief correctional officer to
 1099  administer the supervised bond program.
 1100         (b) Provide that a risk assessment instrument may be
 1101  utilized to determine eligible defendants and determine an
 1102  appropriate level of supervision for each defendant upon
 1103  release.
 1104         (c) Require the county’s chief correctional officer, or his
 1105  or her designee, to administer the risk assessment instrument to
 1106  a potential defendant if a county elects to utilize a risk
 1107  assessment instrument for its supervised bond program.
 1108         (d) Provide that the findings of a risk assessment
 1109  instrument may be used to create an individualized supervision
 1110  plan for each eligible defendant that is tailored to the
 1111  defendant’s risk level and supervision needs.
 1112         (e) Require the appropriate court to make a final
 1113  determination regarding whether a defendant will be placed into
 1114  the supervised bond program and, if the court makes such a
 1115  determination, the court must also:
 1116         1. Determine the conditions of the individualized
 1117  supervision plan for which the defendant must comply as a part
 1118  of the supervised bond program, including, but not limited to,
 1119  the requirement that the defendant:
 1120         a. Be placed on active electronic monitoring or active
 1121  continuous alcohol monitoring, or both, dependent upon the level
 1122  of risk indicated by the risk assessment instrument;
 1123         b. Communicate weekly, via telephone or in person contact
 1124  as determined by the court, with the office of the county’s
 1125  chief correctional officer; and
 1126         2. Review the bond of a defendant who is being accepted
 1127  into the supervised bond program to determine if a reduction of
 1128  the court-ordered bond, up to its entirety, is appropriate.
 1129         (f) Establish procedures for reassessing or terminating
 1130  defendants from the supervised bond program who do not comply
 1131  with the terms of the individualized supervision plan imposed
 1132  through the program.
 1133         (4) RISK ASSESSMENT INSTRUMENT.—
 1134         (a) Each county that establishes a supervised bond program
 1135  may utilize a risk assessment instrument that conducts a
 1136  criminogenic assessment for use in evaluating the proper level
 1137  of supervision appropriate to ensure compliance with pretrial
 1138  conditions and safety to the community. The risk assessment
 1139  instrument must consider, but need not be limited to, the
 1140  following criteria:
 1141         1. The nature and circumstances of the offense the
 1142  defendant is alleged to have committed.
 1143         2. The nature and extent of the defendant’s prior criminal
 1144  history, if any.
 1145         3. Any prior history of the defendant failing to appear in
 1146  court.
 1147         4. The defendant’s employment history, employability
 1148  skills, and employment interests.
 1149         5. The defendant’s educational, vocational, and technical
 1150  training.
 1151         6. The defendant’s background, including his or her family,
 1152  home, and community environment.
 1153         7. The defendant’s physical and mental health history,
 1154  including any substance use.
 1155         8. An evaluation of the defendant’s criminal thinking,
 1156  criminal associates, and social awareness.
 1157         (b) A county may contract with the Department of
 1158  Corrections to develop a risk assessment instrument or modify an
 1159  instrument that has already been developed by the department,
 1160  provided the instrument contains the criteria enumerated in
 1161  paragraph (a). If a county elects to utilize a risk assessment
 1162  instrument developed or modified by the department in accordance
 1163  with this paragraph, the county’s chief correctional officer
 1164  shall enter into a contract with the department for such use.
 1165         (c) Each county may create its own risk assessment
 1166  instrument for the purpose of operating a supervised bond
 1167  program or may utilize a risk assessment instrument that has
 1168  previously been developed for a similar purpose as provided for
 1169  in this section. Additionally, a county may utilize a risk
 1170  assessment instrument that has been developed by another county
 1171  for a similar purpose as provided for in this section. To
 1172  utilize a risk assessment instrument developed by a county in
 1173  accordance with this paragraph, the risk assessment instrument
 1174  must be validated by the Department of Corrections and contain
 1175  the criteria enumerated in paragraph (a). If a county elects to
 1176  utilize a risk assessment instrument developed or modified by
 1177  another county in accordance with this paragraph, the counties’
 1178  chief correctional officers shall enter into a contract for such
 1179  use.
 1180         (d) A county may contract with an independent entity to
 1181  utilize a risk assessment instrument that has previously been
 1182  developed for a similar purpose as provided for in this section.
 1183  To utilize a risk assessment instrument developed by an
 1184  independent entity in accordance with this paragraph, the risk
 1185  assessment instrument must be validated by the Department of
 1186  Corrections and contain the criteria enumerated in paragraph
 1187  (a). If a county elects to utilize a risk assessment instrument
 1188  developed or modified by an independent entity in accordance
 1189  with this paragraph, the county’s chief correctional officer
 1190  shall enter into a contract with the independent entity for such
 1191  use.
 1192         (e) A county that elects to utilize a risk assessment
 1193  instrument in its supervised bond program may begin to implement
 1194  the program immediately upon securing a contract for the
 1195  utilization of or the completion of development or modification,
 1196  and if applicable, validation of, a risk assessment instrument.
 1197  A county that intends to utilize a risk assessment instrument it
 1198  has already developed or modified may implement a supervised
 1199  bond program immediately upon validation of the risk assessment
 1200  instrument. A county that has already implemented a supervised
 1201  bond program may continue to operate such program while the risk
 1202  assessment instrument it utilizes is being validated.
 1203  Implementation must include training of all county staff that
 1204  will administer the risk assessment instrument.
 1205         (5) REPORTING.—Each county that establishes a supervised
 1206  bond program pursuant to this section, or has an existing
 1207  supervised bond program that operates in compliance with this
 1208  section, shall provide an annual report to the Office of Program
 1209  Policy Analysis and Government Accountability that details the
 1210  results of the administration of the risk assessment instrument,
 1211  programming used for defendants who received the assessment and
 1212  were accepted into the supervised bond program, the success rate
 1213  of such program, and savings realized by the county as a result
 1214  of such defendants being released from custody pending trial.
 1215  The annual report from the county must be submitted to OPPAGA by
 1216  October 1 each year. OPPAGA shall compile the results of the
 1217  counties reports for inclusion in an independent section of its
 1218  annual report developed and submitted to the Governor, the
 1219  President of the Senate, and the Speaker of the House of
 1220  Representatives in accordance with s. 907.044.
 1221         Section 16. Section 907.0421, Florida Statutes, is created
 1222  to read:
 1223         907.0421 Risk Assessment Pilot Program.—
 1224         (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
 1225  is a need to use evidence-based methods to reduce recidivism.
 1226  The Legislature finds that the use of actuarial instruments that
 1227  classify offenders according to levels of risk to reoffend
 1228  provides a more consistent and accurate assessment of an
 1229  offender’s risk and needs. The Legislature also finds that
 1230  research indicates that using accurate risk and needs assessment
 1231  instruments to identify appropriate interventions and
 1232  programming for offenders reduces recidivism.
 1233         (2) RISK ASSESSMENT INSTRUMENT.—
 1234         (a) The Department of Corrections shall develop a risk
 1235  assessment instrument that conducts a criminogenic assessment
 1236  for use in evaluating the proper placement and programming needs
 1237  for a person who is arrested. The risk assessment instrument
 1238  must consider, but need not be limited to, the following
 1239  criteria:
 1240         1. The nature and circumstances of the offense the person
 1241  committed.
 1242         2. The nature and extent of the person’s prior criminal
 1243  history, if any.
 1244         3. Any prior history of the person failing to appear in
 1245  court.
 1246         4. The person’s employment history, employability skills,
 1247  and employment interests.
 1248         5. The person’s educational, vocational, and technical
 1249  training.
 1250         6. The person’s background, including his or her family,
 1251  home, and community environment.
 1252         7. The person’s physical and mental health history,
 1253  including any substance use.
 1254         8. An evaluation of the person’s criminal thinking,
 1255  criminal associates, and social awareness.
 1256         (b) The Department of Corrections may use or modify an
 1257  existing risk assessment instrument, if the instrument contains
 1258  the criteria enumerated in paragraph (a).
 1259         (c) The Department of Corrections shall complete the
 1260  development or modification of a risk assessment instrument no
 1261  later than March 1, 2019. The department may begin to implement
 1262  the risk assessment instrument immediately upon completion.
 1263  Implementation, including training all staff that will
 1264  administer the risk assessment instrument, must be completed by
 1265  June 30, 2019.
 1266         (d) A representative of the county’s chief correctional
 1267  officer shall administer the risk assessment instrument as early
 1268  as reasonably possible after a person’s arrest, but no later
 1269  than 10 business days after the arrest. If a person is released
 1270  from jail pursuant to chapter 903 before the administration of
 1271  the risk assessment instrument, the chief correctional officer,
 1272  or his or her representative, must schedule and provide written
 1273  notification of a date and time for the person to return to the
 1274  jail for the administration of the risk assessment instrument.
 1275  The date and time must be provided in writing upon the person’s
 1276  pretrial release. The risk assessment instrument may be
 1277  conducted by video teleconference.
 1278         (e) A risk assessment instrument report must be made
 1279  available to the person to whom the instrument is administered,
 1280  his or her legal counsel, and the state attorney upon completion
 1281  of the report. The Department of Corrections shall submit to the
 1282  court the risk assessment instrument report, but the court may
 1283  not review it without the consent of the person who is the
 1284  subject of the report and his or her legal counsel.
 1285         (3) CREATION.—Contingent upon appropriations and a contract
 1286  with each participating county, it is the intent of the
 1287  Legislature to establish a 3-year Risk Assessment Pilot Program
 1288  to perform a risk assessment evaluation on all persons arrested
 1289  for a felony in participating counties.
 1290         (4) PARTICIPATING COUNTIES.—Participation in the pilot
 1291  program is limited to Hillsborough, Pasco, and Pinellas
 1292  Counties. Each participating county’s chief correctional officer
 1293  shall enter into a 3-year contract with the Department of
 1294  Corrections for the ability to utilize the risk assessment
 1295  instrument that is developed in accordance with this section.
 1296         (5) PILOT PROGRAM REQUIREMENTS.—
 1297         (a) The participating counties shall administer the risk
 1298  assessment instrument to all persons arrested for a felony and
 1299  utilize the results of such risk assessment instrument as a tool
 1300  for determining appropriate programming and sentencing with the
 1301  goal of reducing recidivism.
 1302         (b) Each county participating in the pilot program shall
 1303  provide an annual report to the Department of Corrections by
 1304  July 1 of each year of the pilot program which details the
 1305  results of the administration of the risk assessment instrument,
 1306  programming used for persons who received the assessment, and
 1307  the success rate of such programming. The department shall
 1308  compile the county reports and submit one annual report to the
 1309  Governor, the President of the Senate, and the Speaker of the
 1310  House of Representatives by October 1 of each year of the pilot
 1311  program.
 1312         (6) RULEMAKING.—The Department of Corrections, in
 1313  consultation with a participating county’s chief correctional
 1314  officer, chief judge, state attorney, and public defender, may
 1315  adopt rules to administer this section.
 1316         Section 17. Paragraph (b) of subsection (4) of section
 1317  907.043, Florida Statutes, is amended to read:
 1318         907.043 Pretrial release; citizens’ right to know.—
 1319         (4)
 1320         (b) The annual report must contain, but need not be limited
 1321  to:
 1322         1. The name, location, and funding sources of the pretrial
 1323  release program, including the amount of public funds, if any,
 1324  received by the pretrial release program.
 1325         2. The operating and capital budget of each pretrial
 1326  release program receiving public funds.
 1327         3.a. The percentage of the pretrial release program’s total
 1328  budget representing receipt of public funds.
 1329         b. The percentage of the total budget which is allocated to
 1330  assisting defendants obtain release through a nonpublicly funded
 1331  program.
 1332         c. The amount of fees paid by defendants to the pretrial
 1333  release program.
 1334         4. The number of persons employed by the pretrial release
 1335  program.
 1336         5. The number of defendants assessed and interviewed for
 1337  pretrial release.
 1338         6. The number of defendants recommended for pretrial
 1339  release.
 1340         7. The number of defendants for whom the pretrial release
 1341  program recommended against nonsecured release.
 1342         8. The number of defendants granted nonsecured release
 1343  after the pretrial release program recommended nonsecured
 1344  release.
 1345         9. The number of defendants assessed and interviewed for
 1346  pretrial release who were declared indigent by the court.
 1347         10. The number of defendants accepted into a pretrial
 1348  release program who paid a surety or cash bail or bond.
 1349         11. The number of defendants for whom a risk assessment
 1350  tool was used in determining whether the defendant should be
 1351  released pending the disposition of the case and the number of
 1352  defendants for whom a risk assessment tool was not used.
 1353         12. The specific statutory citation for each criminal
 1354  charge related to a defendant whose case is accepted into a
 1355  pretrial release program, including, at a minimum, the number of
 1356  defendants charged with dangerous crimes as defined in s.
 1357  907.041; nonviolent felonies; or misdemeanors only. A
 1358  “nonviolent felony” for purposes of this subparagraph excludes
 1359  the commission of, an attempt to commit, or a conspiracy to
 1360  commit any of the following:
 1361         a. An offense enumerated in s. 775.084(1)(c);
 1362         b. An offense that requires a person to register as a
 1363  sexual predator in accordance with s. 775.21 or as a sexual
 1364  offender in accordance with s. 943.0435;
 1365         c. Failure to register as a sexual predator in violation of
 1366  s. 775.21 or as a sexual offender in violation of s. 943.0435;
 1367         d. Facilitating or furthering terrorism in violation of s.
 1368  775.31;
 1369         e. A forcible felony as described in s. 776.08;
 1370         f. False imprisonment in violation of s. 787.02;
 1371         g. Burglary of a dwelling or residence in violation of s.
 1372  810.02(3).
 1373         h. Abuse, aggravated abuse, and neglect of an elderly
 1374  person or disabled adult in violation of s. 825.102;
 1375         i. Abuse, aggravated abuse, and neglect of a child in
 1376  violation of s. 827.03;
 1377         j. Poisoning of food or water in violation of s. 859.01;
 1378         k. Abuse of a dead human body in violation of s. 872.06;
 1379         l. A capital offense in violation of chapter 893;
 1380         m. An offense that results in serious bodily injury or
 1381  death to another human; or
 1382         n. A felony offense in which the defendant used a weapon or
 1383  firearm in the commission of the offense.
 1384         13. The number of defendants accepted into a pretrial
 1385  release program with no prior criminal conviction.
 1386         14.10. The name and case number of each person granted
 1387  nonsecured release who:
 1388         a. Failed to attend a scheduled court appearance.
 1389         b. Was issued a warrant for failing to appear.
 1390         c. Was arrested for any offense while on release through
 1391  the pretrial release program.
 1392         15.11. Any additional information deemed necessary by the
 1393  governing body to assess the performance and cost efficiency of
 1394  the pretrial release program.
 1395         Section 18. Subsections (3) through (7) of section
 1396  921.0024, Florida Statutes, are amended to read:
 1397         921.0024 Criminal Punishment Code; worksheet computations;
 1398  scoresheets.—
 1399         (3) A single digitized scoresheet shall be prepared for
 1400  each defendant to determine the permissible range for the
 1401  sentence that the court may impose, except that if the defendant
 1402  is before the court for sentencing for more than one felony and
 1403  the felonies were committed under more than one version or
 1404  revision of the guidelines or the code, separate digitized
 1405  scoresheets must be prepared. The scoresheet or scoresheets must
 1406  cover all the defendant’s offenses pending before the court for
 1407  sentencing. The state attorney shall prepare the digitized
 1408  scoresheet or scoresheets, which must be presented to the
 1409  defense counsel for review for accuracy in all cases unless the
 1410  judge directs otherwise. The defendant’s scoresheet or
 1411  scoresheets must be approved and signed by the sentencing judge.
 1412         (4) The Department of Corrections, in consultation with the
 1413  Office of the State Courts Administrator, state attorneys, and
 1414  public defenders, must develop and submit the revised digitized
 1415  Criminal Punishment Code scoresheet to the Supreme Court for
 1416  approval by June 15 of each year, as necessary. The digitized
 1417  scoresheet shall have individual, structured data cells for each
 1418  data field on the scoresheet. Upon the Supreme Court’s approval
 1419  of the revised digitized scoresheet, the Department of
 1420  Corrections shall produce and provide sufficient copies of the
 1421  revised digitized scoresheets by September 30 of each year, as
 1422  necessary. Digitized scoresheets must include individual data
 1423  cells to indicate item entries for the scoresheet preparer’s use
 1424  in indicating whether any prison sentence imposed includes a
 1425  mandatory minimum sentence or the sentence imposed was a
 1426  downward departure from the lowest permissible sentence under
 1427  the Criminal Punishment Code.
 1428         (5) The Department of Corrections shall make available
 1429  distribute sufficient copies of the digitized Criminal
 1430  Punishment Code scoresheets to those persons charged with the
 1431  responsibility for preparing scoresheets.
 1432         (6) The clerk of the circuit court shall transmit a
 1433  complete, and accurate digitized, and legible copy of the
 1434  Criminal Punishment Code scoresheet used in each sentencing
 1435  proceeding to the Department of Corrections. Scoresheets must be
 1436  electronically transmitted no less frequently than monthly, by
 1437  the first of each month, and may be sent collectively.
 1438         (7) A digitized sentencing scoresheet must be prepared for
 1439  every defendant who is sentenced for a felony offense. A copy of
 1440  The individual offender’s digitized Criminal Punishment Code
 1441  scoresheet and any attachments thereto prepared pursuant to Rule
 1442  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
 1443  Procedure, or any other rule pertaining to the preparation and
 1444  submission of felony sentencing scoresheets, must be included
 1445  with attached to the copy of the uniform judgment and sentence
 1446  form provided to the Department of Corrections.
 1447         Section 19. Subsection (1) of section 932.7061, Florida
 1448  Statutes, is amended to read:
 1449         932.7061 Reporting seized property for forfeiture.—
 1450         (1) Every law enforcement agency shall submit an annual
 1451  report to the Department of Law Enforcement indicating whether
 1452  the agency has seized or forfeited property under the Florida
 1453  Contraband Forfeiture Act. A law enforcement agency receiving or
 1454  expending forfeited property or proceeds from the sale of
 1455  forfeited property in accordance with the Florida Contraband
 1456  Forfeiture Act shall submit a completed annual report by
 1457  December 1 October 10 documenting the receipts and expenditures.
 1458  The report shall be submitted in an electronic form, maintained
 1459  by the Department of Law Enforcement in consultation with the
 1460  Office of Program Policy Analysis and Government Accountability,
 1461  to the entity that has budgetary authority over such agency and
 1462  to the Department of Law Enforcement. The annual report must, at
 1463  a minimum, specify the type, approximate value, court case
 1464  number, type of offense, disposition of property received, and
 1465  amount of any proceeds received or expended.
 1466         Section 20. Section 943.687, Florida Statutes, is created
 1467  to read:
 1468         943.687 Criminal justice data transparency.—In order to
 1469  facilitate the availability of comparable and uniform criminal
 1470  justice data, the department shall:
 1471         (1) Collect, compile, maintain, and manage the data
 1472  submitted by local and state entities pursuant to s. 900.05 and
 1473  coordinate related activities to collect and submit data. The
 1474  department shall create a unique identifier for each criminal
 1475  case received from the clerks of court which identifies the
 1476  person who is the subject of the criminal case. The unique
 1477  identifier must be the same for that person in any court case
 1478  and used across local and state entities for all information
 1479  related to that person at any time. The unique identifier shall
 1480  be randomly created and may not include any portion of the
 1481  person’s social security number or date of birth.
 1482         (2) Promote criminal justice data sharing by making such
 1483  data received under s. 900.05 comparable, transferable, and
 1484  readily usable.
 1485         (3) Create and maintain an Internet-based database of
 1486  criminal justice data received under s. 900.05 in a modern,
 1487  open, electronic format that is machine-readable and readily
 1488  accessible through an application program interface. The
 1489  database must allow the public to search, at a minimum, by each
 1490  data element, county, judicial circuit, or unique identifier.
 1491  The department may not require a license or charge a fee to
 1492  access or receive information from the database.
 1493         (4) Develop written agreements with local, state, and
 1494  federal agencies to facilitate criminal justice data sharing.
 1495         (5) Establish by rule:
 1496         (a) Requirements for the entities subject to the
 1497  requirements of s. 900.05 to submit data through an application
 1498  program interface.
 1499         (b) A data catalog defining data objects, describing data
 1500  fields, and detailing the meaning of and options for each data
 1501  element reported pursuant to s. 900.05.
 1502         (c) How data collected pursuant to s. 900.05 is compiled,
 1503  processed, structured, used, or shared. The rule shall provide
 1504  for the tagging of all information associated with each case
 1505  number and unique identifier.
 1506         (d) Requirements for implementing and monitoring the
 1507  Internet-based database established under subsection (3).
 1508         (e) How information contained in the Internet-based
 1509  database established under subsection (3) is accessed by the
 1510  public.
 1511         (6) Consult with local, state, and federal criminal justice
 1512  agencies and other public and private users of the database
 1513  established under subsection (3) on the data elements collected
 1514  under s. 900.05, the use of such data, and adding data elements
 1515  to be collected.
 1516         (7) Monitor data collection procedures and test data
 1517  quality to facilitate the dissemination of accurate, valid,
 1518  reliable, and complete criminal justice data.
 1519         (8) Develop methods for archiving data, retrieving archived
 1520  data, and data editing and verification.
 1521         Section 21. Subsection (3) of section 944.704, Florida
 1522  Statutes, is amended to read:
 1523         944.704 Staff who provide transition assistance; duties.
 1524  The department shall provide a transition assistance specialist
 1525  at each of the major institutions whose duties include, but are
 1526  not limited to:
 1527         (3) Obtaining job placement information,. which must
 1528  include identifying any job assignment credentialing or industry
 1529  certifications for which an inmate is eligible.
 1530  
 1531  The transition assistance specialist may not be a correctional
 1532  officer or correctional probation officer as defined in s.
 1533  943.10.
 1534         Section 22. Subsections (3) through (6) of section 944.705,
 1535  Florida Statutes, are renumbered as subsections (4), (5), (6),
 1536  and (10), respectively, and new subsections (3), (7), (8), (9),
 1537  and (11) are added to that section, to read:
 1538         944.705 Release orientation program.—
 1539         (3) Each inmate shall receive a comprehensive community
 1540  reentry resource directory organized by the county to which the
 1541  inmate is being released. The directory shall include the name,
 1542  address, and telephone number of each provider, and a
 1543  description of services offered. The directory must also include
 1544  the name, address, and telephone number of existing portals of
 1545  entry.
 1546         (7) The department shall allow a nonprofit faith-based,
 1547  business and professional, civic, or community organization to
 1548  apply to be registered under this section to provide inmate
 1549  reentry services. Reentry services include, but are not limited
 1550  to, counseling; providing information on housing and job
 1551  placement; money management assistance; and programs addressing
 1552  substance abuse, mental health, or co-occurring conditions.
 1553         (8) The department shall adopt policies and procedures for
 1554  screening, approving, and registering an organization that
 1555  applies to be registered to provide inmate reentry services
 1556  under subsection (7). The department may deny approval and
 1557  registration of an organization or a representative from an
 1558  organization if it determines that the organization or
 1559  representative does not meet the department’s policies or
 1560  procedures.
 1561         (9) The department may contract with a public or private
 1562  educational institution’s Veteran’s Advocacy Clinic or Veteran’s
 1563  Legal Clinic to assist qualified veteran inmates in applying for
 1564  veteran’s assistance benefits upon release.
 1565         (11) The department shall adopt rules to implement this
 1566  section.
 1567         Section 23. Subsections (4) and (5) of section 944.801,
 1568  Florida Statutes, are renumbered (5) and (6), respectively, and
 1569  new subsection (4) is added to that section to read:
 1570         944.801 Education for state prisoners.—
 1571         (4) The Correctional Education Program may develop a Prison
 1572  Entrepreneurship Program and adopt procedures for admitting
 1573  student inmates. If the department elects to develop the
 1574  program, it must include at least 180 days of in-prison
 1575  education. Program curriculum must include a component on
 1576  developing a business plan, procedures for graduation and
 1577  certification of successful student inmates, and at least 90
 1578  days of transitional and postrelease continuing education
 1579  services. Transitional and postrelease continuing education
 1580  services may be offered to graduate student inmates on a
 1581  voluntary basis and shall not be a requirement for completion of
 1582  the program. The department shall enter into agreements with
 1583  public or private community colleges, junior colleges, colleges,
 1584  universities, or other non-profit entities to implement the
 1585  program. The program shall be funded within existing resources.
 1586         Section 24. Section 944.805, Florida Statutes, is created
 1587  to read:
 1588         944.805 Certificate of achievement and employability;
 1589  definitions.—
 1590         (1) As used in this section and ss. 944.806-944.8065, the
 1591  term:
 1592         (a) “Discretionary civil impact” means any Florida statute
 1593  or rule that creates a penalty, disability, or disadvantage to
 1594  which all of the following apply:
 1595         1. The impact is triggered in whole or in part by a
 1596  person’s conviction of an offense, whether or not the penalty,
 1597  disability, or disadvantage is included in the judgment or
 1598  sentence.
 1599         2. The impact is imposed on a person, licensing agency, or
 1600  employer.
 1601         3. The impact permits, but does not require, that a
 1602  convicted person have a license denied or revoked, permits an
 1603  agency to deny or revoke a license or certification to a
 1604  convicted person, or permits a business to refuse to employ a
 1605  convicted person.
 1606  
 1607  The term does not include imprisonment, probation, parole,
 1608  supervised release, forfeiture, restitution, fine, assessment,
 1609  or costs of prosecution.
 1610         (b) “Eligible inmate” means a person who is serving a
 1611  prison term in a state correctional institution or facility;
 1612  under the supervision of the department on probation or
 1613  community control; or under a postrelease control sanction; and
 1614  who is eligible to apply to the department for a certificate of
 1615  achievement and employability.
 1616         (c) “Licensing agency” means any regulatory or licensing
 1617  entity with authority to issue, suspend, or revoke any
 1618  professional license or certification.
 1619         (d) “Mandatory civil impact” means any Florida statute or
 1620  rule that creates a penalty, disability, or disadvantage to
 1621  which all of the following apply:
 1622         1. The impact is triggered automatically solely by a
 1623  person’s conviction of an offense, whether or not the penalty,
 1624  disability, or disadvantage is included in the judgment or
 1625  sentence.
 1626         2. The impact is imposed on a person, licensing agency, or
 1627  employer.
 1628         3. The impact precludes a convicted person from maintaining
 1629  or obtaining licensure or employment, precludes a licensing
 1630  agency from issuing a license or certification to a convicted
 1631  person, or precludes a business from being certified or from
 1632  employing a convicted person.
 1633  
 1634  The term does not include imprisonment, probation, parole,
 1635  supervised release, forfeiture, restitution, fine, assessment,
 1636  or costs of prosecution.
 1637         Section 25. Section 944.8055, Florida Statutes, is created
 1638  to read:
 1639         944.8055 Certificate of achievement and employability;
 1640  eligibility.—
 1641         (1) An eligible inmate may apply to the department at a
 1642  time specified in paragraph (2)(a) for a certificate of
 1643  achievement and employability if the inmate:
 1644         (a) Has satisfactorily completed one or more in-prison
 1645  vocational programs approved by the department.
 1646         (b) Has demonstrated exemplary performance as determined by
 1647  completion of one or more cognitive or behavioral improvement
 1648  programs approved by the department while incarcerated in a
 1649  state correctional institution or facility or under supervision,
 1650  or during both periods of time.
 1651         (c) Shows other evidence of achievement and rehabilitation.
 1652         (d) Is not currently serving a sentence for or has not been
 1653  previously convicted of a violation of a dangerous crime as
 1654  defined in s. 907.041, or a violation specified as a predicate
 1655  offense for registration as a sexual predator under s. 775.21 or
 1656  for registration as a sexual offender under s. 943.0435.
 1657         (2)(a) An eligible inmate may apply for a certificate of
 1658  achievement and employability no earlier than one year prior to
 1659  the date of his or her release from department custody and no
 1660  later than the actual date of release.
 1661         (b) An inmate released from a state correctional
 1662  institution or facility, or under supervision or postrelease
 1663  control sanction, and who satisfies all the criteria set forth
 1664  in subsection (1), is eligible to apply to the department for a
 1665  certificate of achievement and employability at any time while
 1666  under supervision or postrelease control sanction.
 1667         (3) When applying for a certificate of achievement and
 1668  employability, an eligible inmate shall specify the mandatory
 1669  civil impacts for which he or she is seeking relief through a
 1670  certificate. If a mandatory civil impact of a licensing agency
 1671  is affected by issuing the certificate, the department shall
 1672  notify the licensing agency, provide the licensing agency with a
 1673  copy of the application and documentation that the department
 1674  has concerning the eligible inmate, and afford the licensing
 1675  agency an opportunity to object in writing to issuing the
 1676  certificate.
 1677         (4) The department shall consider the eligible inmate’s
 1678  application and all objections to issuing the certificate of
 1679  achievement and employability. If the department determines that
 1680  the inmate is eligible, the application was filed timely, and
 1681  all objections to issuing the certificate are insufficient, it
 1682  shall issue the certificate.
 1683         (5) A certificate of achievement or employability does not
 1684  affect the mandatory civil impacts under s. 4, Art. VI of the
 1685  State Constitution, or ss. 775.13, 775.21, 943.0435, and
 1686  944.292.
 1687         (6) The department is not liable for a claim for damages
 1688  arising from issuing, denying, or revoking a certificate of
 1689  achievement and employability or for failing to revoke a
 1690  certificate under the circumstances described in s. 944.0865.
 1691         (7) The department shall adopt rules to implement this
 1692  section.
 1693         Section 26. Section 944.806, Florida Statutes, is created
 1694  to read:
 1695         944.806 Certificate of achievement and employability;
 1696  effect.—
 1697         (1) A certificate holder who applies to a licensing agency
 1698  and has a conviction or guilty plea that otherwise would bar
 1699  licensure or certification because of a mandatory civil impact
 1700  shall be given individualized consideration by the licensing
 1701  agency. The certificate constitutes a rebuttable presumption
 1702  that the certificate holder’s conviction alone is insufficient
 1703  evidence that he or she is unfit for the license or
 1704  certification. Notwithstanding the presumption established under
 1705  this section, the licensing agency may deny the license or
 1706  certification if it determines that the certificate holder is
 1707  unfit for licensure or certification after considering all
 1708  relevant facts and circumstances.
 1709         (2) If an employer that has hired a certificate holder
 1710  applies to a licensing agency and the certificate holder has a
 1711  conviction or guilty plea that otherwise would bar his or her
 1712  employment with the employer, or would bar the employer’s
 1713  licensure or certification because of a mandatory civil impact,
 1714  the agency shall give the certificate holder individualized
 1715  consideration for licensure or certification. The mandatory
 1716  civil impact shall be deemed a discretionary civil impact, and
 1717  the certificate constitutes a rebuttable presumption that the
 1718  holder’s criminal convictions are insufficient evidence that he
 1719  or she is unfit for the employment, or that the employer is
 1720  unfit for the licensure or certification. The agency may deny
 1721  the employer licensure or certification if it determines that
 1722  the certificate holder is unfit for employment or that the
 1723  employer is unfit for licensure or certification.
 1724         Section 27. Section 944.8065, Florida Statutes, is created
 1725  to read:
 1726         944.8065 Certificate of achievement and employability;
 1727  revocation.—The department shall adopt rules governing
 1728  revocation of a certificate of achievement and employability
 1729  issued under s. 944.8055. The rules shall, at a minimum, require
 1730  revocation if a certificate holder is convicted of or pleads
 1731  guilty to a felony subsequent to the issuance of the certificate
 1732  of eligibility. The department shall determine which additional
 1733  offenses require revocation, considering the nature of the
 1734  offense and the employment of a certificate holder.
 1735         Section 28. Section 945.041, Florida Statutes, is created
 1736  to read:
 1737         945.041 Department of Corrections reports.—The department
 1738  shall publish on its website and make available to the public
 1739  the following information, updated on a quarterly basis:
 1740         (1) Inmate admissions by offense type. Burglary of dwelling
 1741  offenses under s. 810.02(2), (3)(a), and (3)(b) must be reported
 1742  as a separate category from all other property crimes.
 1743         (2) The recidivism rate, defined as rearrest, reconviction,
 1744  reincarceration, and probation revocation in the state within a
 1745  3-year time period following release from incarceration.
 1746         Section 29. Present subsections (4), (5), and (6) through
 1747  (15) of section 947.005, Florida Statutes, are redesignated as
 1748  subsections (5), (6), and (8) through (17), respectively, and
 1749  new subsections (4) and (7) are added to that section, to read:
 1750         947.005 Definitions.—As used in this chapter, unless the
 1751  context clearly indicates otherwise:
 1752         (4) “Conditional medical release” means the release from a
 1753  state correctional institution or facility under this chapter
 1754  for medical or mental health treatment pursuant to s. 947.149.
 1755         (7) “Electronic monitoring device” means an electronic or
 1756  telecommunications device that is used to track and supervise
 1757  the location of a person. Such devices include, but are not
 1758  limited to, voice tracking systems, position tracking systems,
 1759  position location systems, or biometric tracking systems.
 1760         Section 30. Section 947.149, Florida Statutes, is amended
 1761  to read:
 1762         947.149 Conditional medical release.—
 1763         (1) ELIGIBILITY.—The commission shall, in conjunction with
 1764  the department, establish the conditional medical release
 1765  program. An inmate is eligible for supervised consideration for
 1766  release under the conditional medical release program when the
 1767  inmate, because of an existing medical or physical condition, is
 1768  determined by the department to be within one of the following
 1769  designations provided for in subsection (2) and meet the
 1770  qualifications of subsection (3) or subsection (4).:
 1771         (2) DESIGNATIONS.—
 1772         (a) “Inmate with a debilitating illness,” which means an
 1773  inmate who is determined to be suffering from a significant and
 1774  permanent terminal or nonterminal condition, disease, or
 1775  syndrome that has rendered the inmate so physically or
 1776  cognitively debilitated or incapacitated as to create a
 1777  reasonable probability that the inmate does not constitute a
 1778  danger to herself or himself or others.
 1779         (b) “Medically frail inmate,” which means an inmate whose
 1780  physical or mental health has deteriorated to a point that
 1781  creates a reasonable probability that the inmate does not
 1782  constitute a danger to herself or himself or others, as
 1783  determined by a risk assessment completed by a qualified
 1784  practitioner, and whose deterioration is the direct result of
 1785  the inmate’s:
 1786         1. Impairment of the mental or emotional processes that
 1787  exercise conscious control of one’s actions or of the ability to
 1788  perceive or understand reality, where such impairment
 1789  substantially interferes with the person’s ability to meet the
 1790  ordinary demands of living;
 1791         2. History of substance abuse, as defined in s.
 1792  397.311(45); or
 1793         3. Requirement of acute long-term medical or mental health
 1794  treatment or services.
 1795         (c)(a) “Permanently incapacitated inmate,” which means an
 1796  inmate who has a condition caused by injury, disease, or illness
 1797  which, to a reasonable degree of medical certainty, renders the
 1798  inmate permanently and irreversibly physically incapacitated to
 1799  the extent that the inmate does not constitute a danger to
 1800  herself or himself or others.
 1801         (d)(b) “Terminally ill inmate,” which means an inmate who
 1802  has a condition caused by injury, disease, or illness which, to
 1803  a reasonable degree of medical certainty, renders the inmate
 1804  terminally ill to the extent that there can be no recovery and
 1805  death is expected within 12 months is imminent, so that the
 1806  inmate does not constitute a danger to herself or himself or
 1807  others.
 1808         (3)(2) PERMISSIVE CONDITIONAL MEDICAL RELEASE.—
 1809         (a) Notwithstanding any provision to the contrary, an
 1810  inmate that is sentenced to the custody of the department and
 1811  who qualifies for one of the designations defined in subsection
 1812  (2) any person determined eligible under this section and
 1813  sentenced to the custody of the department may, upon referral by
 1814  the department, be considered for conditional medical release by
 1815  the commission, in addition to any parole consideration for
 1816  which the inmate may be considered, except that conditional
 1817  medical release is not authorized for an inmate who is under
 1818  sentence of death. No inmate has a right to conditional medical
 1819  release or to a medical evaluation to determine eligibility for
 1820  such release.
 1821         (b)(3) The authority and whether or not to grant
 1822  conditional medical release and establish additional conditions
 1823  of conditional medical release under this subsection rests
 1824  solely within the discretion of the commission, in accordance
 1825  with the provisions of this section, together with the authority
 1826  to approve the release plan to include necessary medical care
 1827  and attention.
 1828         (c) The department shall identify inmates who may be
 1829  eligible for conditional medical release based upon available
 1830  medical information and shall refer them to the commission for
 1831  consideration.
 1832         (d) In considering an inmate for conditional medical
 1833  release in accordance with this subsection, the commission may
 1834  require that additional medical evidence be produced or that
 1835  additional medical examinations be conducted, and may require
 1836  such other investigations to be made as may be warranted.
 1837         (4) MANDATORY CONDITIONAL MEDICAL RELEASE.—
 1838         (a) An inmate is eligible for mandatory conditional medical
 1839  release under this subsection if he or she qualifies for one of
 1840  the designations defined in subsection (2) and the department
 1841  determines that he or she meets all of the following criteria:
 1842         1. Has served at least 50 percent of his or her sentence.
 1843         2. Has no current or prior conviction for:
 1844         a. A capital, life, or first degree felony.
 1845         b. A sexual offense specified in s. 775.21(4)(a)1. or s.
 1846  943.0435(1)(h)1.a.(I).
 1847         c. An offense involving a child.
 1848         3. Has not received a disciplinary report within the
 1849  previous 6 months.
 1850         4. Has never received a disciplinary report for a violent
 1851  act.
 1852         5. Has renounced any gang affiliation.
 1853         (b) Any person sentenced to the custody of the department
 1854  who is determined to be eligible for placement on mandatory
 1855  conditional medical release in accordance with this subsection
 1856  must be referred by the department to the commission. Upon
 1857  receiving a referral from the department, the commission shall
 1858  verify the eligibility of an inmate and, upon verification, such
 1859  inmate must be placed on conditional medical release.
 1860         (c) In verifying the inmate’s eligibility for mandatory
 1861  conditional medical release, the commission shall review the
 1862  information provided by the department.
 1863         (d) The commission must finish its verification of an
 1864  inmate’s eligibility within 60 days after the department refers
 1865  the inmate for conditional medical release.
 1866         (5) RIGHTS NOT CONFERRED.—An inmate does not have a right
 1867  to conditional medical release or to a medical evaluation to
 1868  determine eligibility for such release.
 1869         (6) REFERRAL REQUIREMENTS.—The department’s referral of an
 1870  inmate to the commission for release under this section must
 1871  include all of the following information on the inmate:
 1872         (a) The proposed conditional medical release plan.
 1873         (b) Any relevant medical history, including current medical
 1874  prognosis.
 1875         (c) Criminal history. The criminal history must include all
 1876  of the following information:
 1877         1. The inmate’s claim of innocence, if any.
 1878         2. The degree to which the inmate accepts responsibility
 1879  for his or her actions leading to the conviction of the crime.
 1880         3. How any claim of responsibility has affected the
 1881  inmate’s feelings of remorse.
 1882         (d) If authorized by the inmate, any history of substance
 1883  abuse and mental health issues that is collected by the
 1884  department in accordance with 42 C.F.R. s. 2.
 1885         (e) Any disciplinary action taken against the inmate while
 1886  in prison.
 1887         (f) Any participation in prison work and other prison
 1888  programs.
 1889         (g) Any other information that the department deems
 1890  necessary.
 1891         (7) PLACEMENT REQUIREMENT.—A determination to approve a
 1892  release on conditional medical release must take into
 1893  consideration conditions such as whether:
 1894         (a) A placement option has been secured for the inmate in
 1895  the community. A placement option may include, but is not
 1896  limited to, home confinement or a medical or mental health
 1897  facility that is not a public institution as defined at Title
 1898  42, Chapter IV, Subchapter C, Part 434, Subpart K of the Code of
 1899  Federal Regulations. A placement option need not involve any
 1900  type of supervision of the inmate by an employee or a private
 1901  contractor of the department or otherwise be considered a secure
 1902  facility. A placement option may involve the use of an
 1903  electronic monitoring device as defined in 947.005(6).
 1904         (b) The placement option secured under this section poses a
 1905  minimal risk to society.
 1906         (c) The department has made a reasonable effort to
 1907  determine whether expenses related to the placement option
 1908  secured under this subsection are covered by Medicaid, a health
 1909  care policy, a certificate of insurance, or another source for
 1910  the payment of medical expenses or whether the inmate has
 1911  sufficient income or assets to pay for the expenses related to
 1912  the placement.
 1913         (d) The department has provided notice to the prosecutor’s
 1914  office in the county in which the prisoner was sentenced and to
 1915  each victim entitled to notice under s. 16(b), Art. I of the
 1916  State Constitution.
 1917         (8)(4) EFFECT OF RELEASE ON CONDITIONAL MEDICAL RELEASE.
 1918  The conditional medical release term of an inmate released on
 1919  conditional medical release is for the remainder of the inmate’s
 1920  sentence, without diminution of sentence for good behavior.
 1921  Supervision of the medical releasee must include a release plan
 1922  as proposed by the department and approved by the commission and
 1923  periodic medical evaluations. Supervision may also include
 1924  electronic monitoring at intervals determined by the commission
 1925  at the time of release.
 1926         (9)(5)(a) REVOCATION AND RECOMMITMENT.—
 1927         (a) If it is discovered during the conditional medical
 1928  release that the medical or physical condition of the medical
 1929  releasee has improved to the extent that she or he would no
 1930  longer be eligible for conditional medical release under this
 1931  section, the commission may order that the releasee be returned
 1932  to the custody of the department for a conditional medical
 1933  release revocation hearing, in accordance with s. 947.141. If
 1934  conditional medical release is revoked due to improvement in the
 1935  medical or physical condition of the releasee, she or he shall
 1936  serve the balance of her or his sentence with credit for the
 1937  time served on conditional medical release and without
 1938  forfeiture of any gain-time accrued prior to conditional medical
 1939  release. If the person whose conditional medical release is
 1940  revoked due to an improvement in medical or physical condition
 1941  would otherwise be eligible for parole or any other release
 1942  program, the person may be considered for such release program
 1943  pursuant to law.
 1944         (b) In addition to revocation of conditional medical
 1945  release pursuant to paragraph (a), conditional medical release
 1946  may also be revoked for violation of any condition of the
 1947  release established by the commission, in accordance with s.
 1948  947.141, and the releasee’s gain-time may be forfeited pursuant
 1949  to s. 944.28(1).
 1950         (10)(6) RULEMAKING.—The department and the commission shall
 1951  adopt rules as necessary to implement the conditional medical
 1952  release program.
 1953         Section 31. Subsection (1) of section 948.001, Florida
 1954  Statutes, is amended to read:
 1955         948.001 Definitions.—As used in this chapter, the term:
 1956         (1) “Administrative probation” means a form of no contact,
 1957  nonreporting supervision in which an offender who presents a low
 1958  risk of harm to the community may, upon satisfactory completion
 1959  of half the term of probation, be transferred by the Department
 1960  of Corrections to this type of reduced level of supervision, as
 1961  provided in s. 948.013.
 1962         Section 32. Subsection (1) of section 948.013, Florida
 1963  Statutes, is amended to read:
 1964         948.013 Administrative probation.—
 1965         (1) The Department of Corrections may transfer an offender
 1966  to administrative probation if he or she presents a low risk of
 1967  harm to the community and has satisfactorily completed at least
 1968  half of the probation term. The department of Corrections may
 1969  establish procedures for transferring an offender to
 1970  administrative probation. The department may collect an initial
 1971  processing fee of up to $50 for each probationer transferred to
 1972  administrative probation. The offender is exempt from further
 1973  payment for the cost of supervision as required in s. 948.09.
 1974         Section 33. Subsection (3) is added to section 948.03,
 1975  Florida Statutes, to read:
 1976         948.03 Terms and conditions of probation.—
 1977         (3) The Department of Corrections shall include all
 1978  conditions of probation for each probationer, as determined by
 1979  the court, in the Florida Crime Information Center database.
 1980         Section 34. Subsection (1) of section 948.06, Florida
 1981  Statutes, is amended, and subsection (9) is added to that
 1982  section, to read:
 1983         948.06 Violation of probation or community control;
 1984  revocation; modification; continuance; failure to pay
 1985  restitution or cost of supervision.—
 1986         (1)(a) Whenever within the period of probation or community
 1987  control there are reasonable grounds to believe that a
 1988  probationer or offender in community control has violated his or
 1989  her probation or community control in a material respect, any
 1990  law enforcement officer who is aware of the probationary or
 1991  community control status of the probationer or offender in
 1992  community control or any probation officer may arrest or request
 1993  any county or municipal law enforcement officer to arrest such
 1994  probationer or offender without warrant wherever found and
 1995  return him or her to the court granting such probation or
 1996  community control.
 1997         (b) Any committing trial court judge may issue a warrant,
 1998  upon the facts being made known to him or her by affidavit of
 1999  one having knowledge of such facts, for the arrest of the
 2000  probationer or offender, returnable forthwith before the court
 2001  granting such probation or community control. In lieu of issuing
 2002  a warrant for arrest, the committing trial court judge may issue
 2003  a notice to appear if the probationer or offender in community
 2004  control has never been convicted of committing, and is not
 2005  currently alleged to have committed, a qualifying offense as
 2006  defined in this section.
 2007         (c) If a probationer or offender on community control
 2008  commits a technical violation, the probation officer shall
 2009  determine whether he or she is eligible for the alternative
 2010  sanctioning program under subsection (9). If the probationer or
 2011  offender on community control is eligible, the probation officer
 2012  may proceed with the alternative sanctioning program in lieu of
 2013  filing an affidavit of violation with the court. For purposes of
 2014  this section, the term “technical violation” means an alleged
 2015  violation of supervision that is not a new felony offense,
 2016  misdemeanor offense, or criminal traffic offense.
 2017         (d)(c) If a judge finds reasonable grounds to believe that
 2018  a probationer or an offender has violated his or her probation
 2019  or community control in a material respect by committing a new
 2020  violation of law, the judge may issue a warrant for the arrest
 2021  of the person.
 2022         (e)(d)1. At a first appearance hearing for an offender who
 2023  has been arrested for violating his or her probation or
 2024  community control in a material respect by committing a new
 2025  violation of law the court:
 2026         a. Shall inform the person of the violation.
 2027         b. May order the person to be taken before the court that
 2028  granted the probation or community control if the person admits
 2029  the violation.
 2030         2. If the probationer or offender does not admit the
 2031  violation at the first appearance hearing, the court:
 2032         a. May commit the probationer or offender or may release
 2033  the person with or without bail to await further hearing,
 2034  notwithstanding s. 907.041, relating to pretrial detention and
 2035  release; or
 2036         b. May order the probationer or offender to be brought
 2037  before the court that granted the probation or community
 2038  control.
 2039         3. In determining whether to require or set the amount of
 2040  bail, and notwithstanding s. 907.041, relating to pretrial
 2041  detention and release, the court may consider whether the
 2042  probationer or offender is more likely than not to receive a
 2043  prison sanction for the violation.
 2044  
 2045  This paragraph does not apply to a probationer or offender on
 2046  community control who is subject to the hearing requirements
 2047  under subsection (4) or paragraph (8)(e).
 2048         (f)(e) Any probation officer, any officer authorized to
 2049  serve criminal process, or any peace officer of this state is
 2050  authorized to serve and execute such warrant. Any probation
 2051  officer is authorized to serve such notice to appear.
 2052         (g)(f) Upon the filing of an affidavit alleging a violation
 2053  of probation or community control and following issuance of a
 2054  warrant for such violation, a warrantless arrest under this
 2055  section, or a notice to appear under this section, the
 2056  probationary period is tolled until the court enters a ruling on
 2057  the violation. Notwithstanding the tolling of probation, the
 2058  court shall retain jurisdiction over the offender for any
 2059  violation of the conditions of probation or community control
 2060  that is alleged to have occurred during the tolling period. The
 2061  probation officer is permitted to continue to supervise any
 2062  offender who remains available to the officer for supervision
 2063  until the supervision expires pursuant to the order of probation
 2064  or community control or until the court revokes or terminates
 2065  the probation or community control, whichever comes first.
 2066         (h)(g) The chief judge of each judicial circuit may direct
 2067  the department to use a notification letter of a technical
 2068  violation in appropriate cases in lieu of a violation report,
 2069  affidavit, and warrant or a notice to appear when the alleged
 2070  violation is not a new felony or misdemeanor offense. Such
 2071  direction must be in writing and must specify the types of
 2072  specific technical violations which are to be reported by a
 2073  notification letter of a technical violation, any exceptions to
 2074  those violations, and the required process for submission. At
 2075  the direction of the chief judge, the department shall send the
 2076  notification letter of a technical violation to the court.
 2077         (h)1. The chief judge of each judicial circuit, in
 2078  consultation with the state attorney, the public defender, and
 2079  the department, may establish an alternative sanctioning program
 2080  in which the department, after receiving court approval, may
 2081  enforce specified sanctions for certain technical violations of
 2082  supervision. For purposes of this paragraph, the term “technical
 2083  violation” means any alleged violation of supervision that is
 2084  not a new felony offense, misdemeanor offense, or criminal
 2085  traffic offense.
 2086         2. To establish an alternative sanctioning program, the
 2087  chief judge must issue an administrative order specifying:
 2088         a. Eligibility criteria.
 2089         b. The technical violations that are eligible for the
 2090  program.
 2091         c. The sanctions that may be recommended by a probation
 2092  officer for each technical violation.
 2093         d. The process for reporting technical violations through
 2094  the alternative sanctioning program, including approved forms.
 2095         3. If an offender is alleged to have committed a technical
 2096  violation of supervision that is eligible for the program, the
 2097  offender may:
 2098         a. Waive participation in the alternative sanctioning
 2099  program, in which case the probation officer may submit a
 2100  violation report, affidavit, and warrant to the court in
 2101  accordance with this section; or
 2102         b. Elect to participate in the alternative sanctioning
 2103  program after receiving written notice of an alleged technical
 2104  violation and a disclosure of the evidence against the offender,
 2105  admit to the technical violation, agree to comply with the
 2106  probation officer’s recommended sanction if subsequently ordered
 2107  by the court, and agree to waive the right to:
 2108         (I) Be represented by legal counsel.
 2109         (II) Require the state to prove his or her guilt before a
 2110  neutral and detached hearing body.
 2111         (III) Subpoena witnesses and present to a judge evidence in
 2112  his or her defense.
 2113         (IV) Confront and cross-examine adverse witnesses.
 2114         (V) Receive a written statement from a factfinder as to the
 2115  evidence relied on and the reasons for the sanction imposed.
 2116         4. If the offender admits to committing the technical
 2117  violation and agrees with the probation officer’s recommended
 2118  sanction, the probation officer must, before imposing the
 2119  sanction, submit the recommended sanction to the court as well
 2120  as documentation reflecting the offender’s admission to the
 2121  technical violation and agreement with the recommended sanction.
 2122         5. The court may impose the recommended sanction or may
 2123  direct the department to submit a violation report, affidavit,
 2124  and warrant to the court in accordance with this section.
 2125         6. An offender’s participation in an alternative
 2126  sanctioning program is voluntary. The offender may elect to
 2127  waive or discontinue participation in an alternative sanctioning
 2128  program at any time before the issuance of a court order
 2129  imposing the recommended sanction.
 2130         7. If an offender waives or discontinues participation in
 2131  an alternative sanctioning program, the probation officer may
 2132  submit a violation report, affidavit, and warrant to the court
 2133  in accordance with this section. The offender’s prior admission
 2134  to the technical violation may not be used as evidence in
 2135  subsequent proceedings.
 2136         (i) The court may allow the department to file an
 2137  affidavit, notification letter, violation report, or other
 2138  report under this section by facsimile or electronic submission.
 2139         (9)(a) For a first or second low-risk violation, as defined
 2140  in paragraph (b), within the current term of supervision, a
 2141  probation officer may offer an eligible probationer one or more
 2142  of the following as an alternative sanction:
 2143         1. Up to five days in the county detention facility;
 2144         2. Up to fifty additional community service hours;
 2145         3. Counseling or treatment;
 2146         4. Support group attendance;
 2147         5. Drug testing;
 2148         6. Loss of travel or other privileges;
 2149         7. Curfew for up to thirty days;
 2150         8. House arrest for up to thirty days; or
 2151         9. Any other sanction as determined by administrative order
 2152  by the chief judge of the circuit.
 2153         (b) When committed by a probationer, a low-risk violation
 2154  includes:
 2155         1. Positive drug or alcohol test result;
 2156         2. Failure to report to the probation office;
 2157         3. Failure to report a change in address or other required
 2158  information;
 2159         4. Failure to attend a required class, treatment or
 2160  counseling session, or meeting;
 2161         5. Failure to submit to a drug or alcohol test;
 2162         6. Violation of curfew;
 2163         7. Failure to meet a monthly quota on any required
 2164  probation condition, including, but not limited to, making
 2165  restitution payments, payment of court costs, and completing
 2166  community service hours;
 2167         8. Leaving the county without permission;
 2168         9. Failure to report a change in employment;
 2169         10. Associating with a person engaged in criminal activity;
 2170  or
 2171         11. Any other violation as determined by administrative
 2172  order of the chief judge of the circuit.
 2173         (c) For a first time moderate-risk violation, as defined in
 2174  paragraph (d), within the current term of supervision, a
 2175  probation officer, with supervisor approval, may offer an
 2176  eligible probationer or offender on community control one or
 2177  more of the following as an alternative sanction:
 2178         1. Up to 21 days in the county detention facility;
 2179         2. Curfew for up to 90 days;
 2180         3. House arrest for up to 90 days;
 2181         4. Electronic monitoring for up to 90 days;
 2182         5. Residential treatment for up to 90 days;
 2183         6. Any other sanction available for a low-risk violation;
 2184  or
 2185         7. Any other sanction as determined by administrative order
 2186  of the chief judge of the circuit.
 2187         (d) A moderate-risk violation includes:
 2188         1. A violation listed under paragraph (b) when committed by
 2189  an offender on community control;
 2190         2. Failure to remain at an approved residence by an
 2191  offender on community control;
 2192         3. A third violation listed under paragraph (b) by a
 2193  probationer within the current term of supervision; or
 2194         4. Any other violation as determined by administrative
 2195  order by the chief judge of the circuit.
 2196         (e) A probationer or offender on community control is not
 2197  eligible for an alternative sanction if:
 2198         1. He or she is a violent felony offender of special
 2199  concern, as defined in paragraph (8)(b).
 2200         2. The violation is a felony, misdemeanor, or criminal
 2201  traffic offense.
 2202         3. The violation is absconding.
 2203         4. The violation is of a stay-away order or no-contact
 2204  order.
 2205         5. The violation is not identified as low-risk or moderate
 2206  risk under this paragraph or by administrative order.
 2207         6. He or she has a prior moderate-risk level violation
 2208  during the current term of supervision.
 2209         7. He or she has three prior low-risk level violations
 2210  during the same term of supervision.
 2211         8. The term of supervision is scheduled to terminate in
 2212  less than 90 days.
 2213         9. The terms of the sentence prohibit alternative
 2214  sanctioning.
 2215         (f) If a probationer or offender on community control is
 2216  eligible for the alternative sanctioning program, he or she may:
 2217         1. Waive participation in the program, in which case the
 2218  probation officer may submit a violation report, affidavit, and
 2219  warrant to the court; or
 2220         2. Elect to participate in the program after receiving
 2221  written notice of an alleged technical violation and disclosure
 2222  of the evidence against him or her, admit to the technical
 2223  violation, agree to comply with the probation officer’s
 2224  recommended sanction if subsequently ordered by the court, and
 2225  agree to waive the right to:
 2226         a. Be represented by legal counsel.
 2227         b. Require the state to prove his or her guilt before a
 2228  neutral and detached hearing body.
 2229         c. Subpoena witnesses and present to a judge evidence in
 2230  his or her defense.
 2231         d. Confront and cross-examine adverse witnesses.
 2232         e. Receive a written statement from a judge as to the
 2233  evidence relied on and the reasons for the sanction imposed.
 2234         3. If the probationer or offender on community control
 2235  admits to committing the technical violation and agrees with the
 2236  probation officer’s recommended sanction, the probation officer
 2237  must, before imposing the sanction, submit the recommended
 2238  sanction to the court with documentation reflecting the
 2239  probationer’s admission to the technical violation and agreement
 2240  with the recommended sanction.
 2241         (g) The court may impose the recommended sanction or direct
 2242  the department to submit a violation report, affidavit, and
 2243  warrant to the court.
 2244         (h) An offender’s participation in the program is
 2245  voluntary. The probationer or offender on community control may
 2246  waive or discontinue participation in the program at any time
 2247  before the court imposes a recommended sanction.
 2248         (i) If a probationer or offender on community control
 2249  waives or discontinues participation in the program or fails to
 2250  complete successfully all alternative sanctions within 90 days
 2251  of imposition or within the timeframe specified in the agreed
 2252  upon sanction, the probation officer may submit a violation
 2253  report, affidavit, and warrant to the court. A prior admission
 2254  by the probationer or offender on community control to a
 2255  technical violation may not be used as evidence in subsequent
 2256  proceedings.
 2257         (j) Each judicial circuit shall establish an alternative
 2258  sanctioning program as provided in this subsection. The chief
 2259  judge of each judicial circuit may, by administrative order,
 2260  define additional sanctions or eligibility criteria and specify
 2261  the process for reporting technical violations through the
 2262  alternative sanctioning program.
 2263         Section 35. Section 948.081, Florida Statutes, is created
 2264  to read:
 2265         948.081 Community court programs.—
 2266         (1) Each judicial circuit may establish a community court
 2267  program for defendants charged with certain misdemeanor
 2268  offenses. Each community court shall, at a minimum:
 2269         (a) Adopt a nonadversarial approach.
 2270         (b) Establish an advisory committee to recommend solutions
 2271  and sanctions in each case.
 2272         (c) Consider the needs of the victim.
 2273         (d) Consider individualized treatment services for the
 2274  defendant.
 2275         (e) Provide for judicial leadership and interaction.
 2276         (f) Monitor the defendant’s compliance.
 2277         (2) In the event a county elects to establish a community
 2278  court program pursuant to this section, the chief judge of the
 2279  judicial circuit shall, by administrative order, specify each
 2280  misdemeanor crime eligible for the community court program. In
 2281  making such determination, the chief judge shall consider the
 2282  particular needs and concerns of the communities within the
 2283  judicial circuit.
 2284         (3) The Department of Corrections, Department of Juvenile
 2285  Justice, Department of Health, Department of Law Enforcement,
 2286  Department of Education, law enforcement agencies, and other
 2287  government entities involved in the criminal justice system
 2288  shall support such community court programs.
 2289         (4) A defendant’s entry into a community court program
 2290  shall be voluntary.
 2291         (5) Each community court program shall have a resource
 2292  coordinator who:
 2293         (a) Coordinates the responsibilities of the participating
 2294  agencies and service providers;
 2295         (b) Provides case management services;
 2296         (c) Monitors compliance by defendants with court
 2297  requirements; and
 2298         (d) Manages the collection of data for program evaluation
 2299  and accountability.
 2300         (6) The chief judge of the judicial circuit shall appoint
 2301  an advisory committee for each community court. Membership must
 2302  include, at a minimum:
 2303         (a) The chief judge or a community court judge designated
 2304  by the chief judge, who shall serve as chair;
 2305         (b) The state attorney;
 2306         (c) The public defender; and
 2307         (d) The community court resource coordinator.
 2308  
 2309  The committee may also include community stakeholders, treatment
 2310  representatives, and other persons the chair deems appropriate.
 2311         (7) The advisory committee shall review each defendant’s
 2312  case. Each committee member may make recommendations to the
 2313  judge, including appropriate sanctions and treatment solutions
 2314  for the defendant. The judge shall consider such recommendations
 2315  and make the final decision concerning sanctions and treatment
 2316  with respect to each defendant.
 2317         (8) Each judicial circuit that establishes a community
 2318  court program pursuant to this section shall report client-level
 2319  and programmatic data to the Office of State Courts
 2320  Administrator annually for program evaluation. Client-level data
 2321  include primary offenses resulting in the community court
 2322  referral or sentence, treatment compliance, completion status,
 2323  reasons for failing to complete the program, offenses committed
 2324  during treatment and sanctions imposed, frequency of court
 2325  appearances, and units of service. Programmatic data include
 2326  referral and screening procedures, eligibility criteria, type
 2327  and duration of treatment offered, and residential treatment
 2328  resources.
 2329         (9) Community court program funding must be secured from
 2330  sources other than the state for costs not assumed by the state
 2331  under s. 29.004. However, this subsection does not preclude the
 2332  use of funds provided for treatment and other services through
 2333  state executive branch agencies.
 2334         Section 36. Paragraph (c) of subsection (3) of section
 2335  893.03, Florida Statutes, is amended to read:
 2336         893.03 Standards and schedules.—The substances enumerated
 2337  in this section are controlled by this chapter. The controlled
 2338  substances listed or to be listed in Schedules I, II, III, IV,
 2339  and V are included by whatever official, common, usual,
 2340  chemical, trade name, or class designated. The provisions of
 2341  this section shall not be construed to include within any of the
 2342  schedules contained in this section any excluded drugs listed
 2343  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
 2344  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
 2345  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
 2346  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
 2347  Anabolic Steroid Products.”
 2348         (3) SCHEDULE III.—A substance in Schedule III has a
 2349  potential for abuse less than the substances contained in
 2350  Schedules I and II and has a currently accepted medical use in
 2351  treatment in the United States, and abuse of the substance may
 2352  lead to moderate or low physical dependence or high
 2353  psychological dependence or, in the case of anabolic steroids,
 2354  may lead to physical damage. The following substances are
 2355  controlled in Schedule III:
 2356         (c) Unless specifically excepted or unless listed in
 2357  another schedule, any material, compound, mixture, or
 2358  preparation containing limited quantities of any of the
 2359  following controlled substances or any salts thereof:
 2360         1. Not more than 1.8 grams of codeine per 100 milliliters
 2361  or not more than 90 milligrams per dosage unit, with an equal or
 2362  greater quantity of an isoquinoline alkaloid of opium.
 2363         2. Not more than 1.8 grams of codeine per 100 milliliters
 2364  or not more than 90 milligrams per dosage unit, with recognized
 2365  therapeutic amounts of one or more active ingredients which are
 2366  not controlled substances.
 2367         3. Not more than 300 milligrams of hydrocodone per 100
 2368  milliliters or not more than 15 milligrams per dosage unit, with
 2369  a fourfold or greater quantity of an isoquinoline alkaloid of
 2370  opium.
 2371         4. Not more than 300 milligrams of hydrocodone per 100
 2372  milliliters or not more than 15 milligrams per dosage unit, with
 2373  recognized therapeutic amounts of one or more active ingredients
 2374  that are not controlled substances.
 2375         5. Not more than 1.8 grams of dihydrocodeine per 100
 2376  milliliters or not more than 90 milligrams per dosage unit, with
 2377  recognized therapeutic amounts of one or more active ingredients
 2378  which are not controlled substances.
 2379         6. Not more than 300 milligrams of ethylmorphine per 100
 2380  milliliters or not more than 15 milligrams per dosage unit, with
 2381  one or more active, nonnarcotic ingredients in recognized
 2382  therapeutic amounts.
 2383         7. Not more than 50 milligrams of morphine per 100
 2384  milliliters or per 100 grams, with recognized therapeutic
 2385  amounts of one or more active ingredients which are not
 2386  controlled substances.
 2387  
 2388  For purposes of charging a person with a violation of s. 893.135
 2389  involving any controlled substance described in subparagraph 3.
 2390  or subparagraph 4., the controlled substance is a Schedule III
 2391  controlled substance pursuant to this paragraph but the weight
 2392  of the controlled substance per milliliters or per dosage unit
 2393  is not relevant to the charging of a violation of s. 893.135.
 2394  The weight of the controlled substance shall be determined
 2395  pursuant to s. 893.135(7) s. 893.135(6).
 2396         Section 37. Paragraphs (b), (e), and (f) of subsection (3)
 2397  of section 921.0022, Florida Statutes, are amended to read:
 2398         921.0022 Criminal Punishment Code; offense severity ranking
 2399  chart.—
 2400         (3) OFFENSE SEVERITY RANKING CHART
 2401         (b) LEVEL 2
 2402  
 2403  
 2404  FloridaStatute    FelonyDegree           Description            
 2405  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2406  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2407  403.413(6)(c)        3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 2408  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
 2409  590.28(1)            3rd   Intentional burning of lands.     
 2410  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2411  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 2412  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2413  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2414  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
 2415  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
 2416  812.014(2)(d)        3rd   Grand theft, 3rd degree; $1,000 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
 2417  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2418  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
 2419  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2420  817.52(3)            3rd   Failure to redeliver hired vehicle.
 2421  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 2422  817.60(5)            3rd   Dealing in credit cards of another.
 2423  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
 2424  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 2425  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
 2426  831.01               3rd   Forgery.                          
 2427  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2428  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
 2429  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 2430  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 2431  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 2432  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
 2433  843.08               3rd   False personation.                
 2434  893.13(2)(a)2.       3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
 2435  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
 2436  
 2437         (e) LEVEL 5
 2438  
 2439  
 2440  FloridaStatute    FelonyDegree           Description            
 2441  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 2442  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 2443  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 2444  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2445  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 2446  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 2447  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2448  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 2449  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 2450  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 2451  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 2452  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 2453  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 2454  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 2455  790.01(2)            3rd   Carrying a concealed firearm.     
 2456  790.162              2nd   Threat to throw or discharge destructive device.
 2457  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 2458  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 2459  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 2460  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 2461  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 2462  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 2463  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 2464  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 2465  812.015(8)           3rd   Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
 2466  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 2467  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 2468  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 2469  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 2470  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 2471  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 2472  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 2473  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 2474  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 2475  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 2476  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2477  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2478  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 2479  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 2480  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 2481  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 2482  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 2483  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 2484  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 2485  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2486  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2487  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
 2488  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 2489  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
 2490  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 2491  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 2492         (f) LEVEL 6
 2493  
 2494  FloridaStatute    FelonyDegree           Description            
 2495  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
 2496  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
 2497  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
 2498  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
 2499  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
 2500  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
 2501  775.0875(1)          3rd   Taking firearm from law enforcement officer.
 2502  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
 2503  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
 2504  784.041              3rd   Felony battery; domestic battery by strangulation.
 2505  784.048(3)           3rd   Aggravated stalking; credible threat.
 2506  784.048(5)           3rd   Aggravated stalking of person under 16.
 2507  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
 2508  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
 2509  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
 2510  784.081(2)           2nd   Aggravated assault on specified official or employee.
 2511  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
 2512  784.083(2)           2nd   Aggravated assault on code inspector.
 2513  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
 2514  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
 2515  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 2516  790.164(1)           2nd   False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 2517  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 2518  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
 2519  794.05(1)            2nd   Unlawful sexual activity with specified minor.
 2520  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 2521  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
 2522  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
 2523  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
 2524  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
 2525  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 2526  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
 2527  812.015(9)(a)        2nd   Retail theft; property stolen $1,000 $300 or more; second or subsequent adult conviction in specified period.
 2528  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
 2529  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
 2530  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
 2531  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
 2532  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
 2533  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
 2534  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
 2535  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 2536  827.03(2)(c)         3rd   Abuse of a child.                 
 2537  827.03(2)(d)         3rd   Neglect of a child.               
 2538  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 2539  836.05               2nd   Threats; extortion.               
 2540  836.10               2nd   Written threats to kill or do bodily injury.
 2541  843.12               3rd   Aids or assists person to escape. 
 2542  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 2543  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
 2544  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 2545  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
 2546  944.35(3)(a)2.       3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 2547  944.40               2nd   Escapes.                          
 2548  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
 2549  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 2550  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
 2551         Section 38. For the purpose of incorporating the amendment
 2552  made by this act to section 932.7061, Florida Statutes, in a
 2553  reference thereto, section 932.7062, Florida Statutes, is
 2554  reenacted to read:
 2555         932.7062 Penalty for noncompliance with reporting
 2556  requirements.—A seizing agency that fails to comply with the
 2557  reporting requirements in s. 932.7061 is subject to a civil fine
 2558  of $5,000, to be determined by the Chief Financial Officer and
 2559  payable to the General Revenue Fund. However, such agency is not
 2560  subject to the fine if, within 60 days after receipt of written
 2561  notification from the Department of Law Enforcement of
 2562  noncompliance with the reporting requirements of the Florida
 2563  Contraband Forfeiture Act, the agency substantially complies
 2564  with those requirements. The Department of Law Enforcement shall
 2565  submit any substantial noncompliance to the office of Chief
 2566  Financial Officer, which shall be responsible for the
 2567  enforcement of this section.
 2568         Section 39. For the purpose of incorporating the amendment
 2569  made by this act to section 944.801, Florida Statutes, in a
 2570  reference thereto, subsection (3) of section 447.203, Florida
 2571  Statutes, is reenacted to read:
 2572         447.203 Definitions.—As used in this part:
 2573         (2) “Public employer” or “employer” means the state or any
 2574  county, municipality, or special district or any subdivision or
 2575  agency thereof which the commission determines has sufficient
 2576  legal distinctiveness properly to carry out the functions of a
 2577  public employer. With respect to all public employees determined
 2578  by the commission as properly belonging to a statewide
 2579  bargaining unit composed of State Career Service System
 2580  employees or Selected Professional Service employees, the
 2581  Governor shall be deemed to be the public employer; and the
 2582  Board of Governors of the State University System, or the
 2583  board’s designee, shall be deemed to be the public employer with
 2584  respect to all public employees of each constituent state
 2585  university. The board of trustees of a community college shall
 2586  be deemed to be the public employer with respect to all
 2587  employees of the community college. The district school board
 2588  shall be deemed to be the public employer with respect to all
 2589  employees of the school district. The Board of Trustees of the
 2590  Florida School for the Deaf and the Blind shall be deemed to be
 2591  the public employer with respect to the academic and academic
 2592  administrative personnel of the Florida School for the Deaf and
 2593  the Blind. The Governor shall be deemed to be the public
 2594  employer with respect to all employees in the Correctional
 2595  Education Program of the Department of Corrections established
 2596  pursuant to s. 944.801.
 2597         Section 40. For the purpose of incorporating the amendment
 2598  made by this act to section 944.704, Florida Statutes, in a
 2599  reference thereto, subsection (3) of section 944.026, Florida
 2600  Statutes, is reenacted to read:
 2601         944.026 Community-based facilities and programs.—
 2602         (3)(a) The department shall develop and implement
 2603  procedures to diagnose offenders prior to sentencing, for the
 2604  purpose of recommending to the sentencing court suitable
 2605  candidates for placement in a community-based residential drug
 2606  treatment facility or probation and restitution center as
 2607  provided in this section. The department shall also develop and
 2608  implement procedures to properly identify inmates prior to
 2609  release who demonstrate the need for or interest in and
 2610  suitability for placement in a community-based substance abuse
 2611  transition housing program as provided in this section and
 2612  pursuant to ss. 944.4731 and 944.704.
 2613         (b) Pretrial intervention programs in appropriate counties
 2614  to provide early counseling and supervision services to
 2615  specified offenders as provided in s. 948.08.
 2616         Section 41. For the purpose of incorporating the amendment
 2617  made by this act to section 947.149, Florida Statutes, in a
 2618  reference thereto, subsection (6) of section 316.1935, Florida
 2619  Statutes, is reenacted to read:
 2620         316.1935 Fleeing or attempting to elude a law enforcement
 2621  officer; aggravated fleeing or eluding.—
 2622         (6) Notwithstanding s. 948.01, no court may suspend, defer,
 2623  or withhold adjudication of guilt or imposition of sentence for
 2624  any violation of this section. A person convicted and sentenced
 2625  to a mandatory minimum term of incarceration under paragraph
 2626  (3)(b) or paragraph (4)(b) is not eligible for statutory gain
 2627  time under s. 944.275 or any form of discretionary early
 2628  release, other than pardon or executive clemency or conditional
 2629  medical release under s. 947.149, prior to serving the mandatory
 2630  minimum sentence.
 2631         Section 42. For the purpose of incorporating the amendment
 2632  made by this act to section 947.149, Florida Statutes, in a
 2633  reference thereto, paragraph (k) of subsection (4) of section
 2634  775.084, Florida Statutes, is reenacted to read:
 2635         775.084 Violent career criminals; habitual felony offenders
 2636  and habitual violent felony offenders; three-time violent felony
 2637  offenders; definitions; procedure; enhanced penalties or
 2638  mandatory minimum prison terms.—
 2639         (4)
 2640         (k)1. A defendant sentenced under this section as a
 2641  habitual felony offender, a habitual violent felony offender, or
 2642  a violent career criminal is eligible for gain-time granted by
 2643  the Department of Corrections as provided in s. 944.275(4)(b).
 2644         2. For an offense committed on or after October 1, 1995, a
 2645  defendant sentenced under this section as a violent career
 2646  criminal is not eligible for any form of discretionary early
 2647  release, other than pardon or executive clemency, or conditional
 2648  medical release granted pursuant to s. 947.149.
 2649         3. For an offense committed on or after July 1, 1999, a
 2650  defendant sentenced under this section as a three-time violent
 2651  felony offender shall be released only by expiration of sentence
 2652  and shall not be eligible for parole, control release, or any
 2653  form of early release.
 2654         Section 43. For the purpose of incorporating the amendment
 2655  made by this act to section 947.149, Florida Statutes, in
 2656  references thereto, paragraph (b) of subsection (2) and
 2657  paragraph (b) of subsection (3) of section 775.087, Florida
 2658  Statutes, are reenacted to read:
 2659         775.087 Possession or use of weapon; aggravated battery;
 2660  felony reclassification; minimum sentence.—
 2661         (2)
 2662         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 2663  (a)3. does not prevent a court from imposing a longer sentence
 2664  of incarceration as authorized by law in addition to the minimum
 2665  mandatory sentence, or from imposing a sentence of death
 2666  pursuant to other applicable law. Subparagraph (a)1.,
 2667  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 2668  court to impose a lesser sentence than otherwise required by
 2669  law.
 2670  
 2671  Notwithstanding s. 948.01, adjudication of guilt or imposition
 2672  of sentence shall not be suspended, deferred, or withheld, and
 2673  the defendant is not eligible for statutory gain-time under s.
 2674  944.275 or any form of discretionary early release, other than
 2675  pardon or executive clemency, or conditional medical release
 2676  under s. 947.149, prior to serving the minimum sentence.
 2677         (3)
 2678         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
 2679  (a)3. does not prevent a court from imposing a longer sentence
 2680  of incarceration as authorized by law in addition to the minimum
 2681  mandatory sentence, or from imposing a sentence of death
 2682  pursuant to other applicable law. Subparagraph (a)1.,
 2683  subparagraph (a)2., or subparagraph (a)3. does not authorize a
 2684  court to impose a lesser sentence than otherwise required by
 2685  law.
 2686  
 2687  Notwithstanding s. 948.01, adjudication of guilt or imposition
 2688  of sentence shall not be suspended, deferred, or withheld, and
 2689  the defendant is not eligible for statutory gain-time under s.
 2690  944.275 or any form of discretionary early release, other than
 2691  pardon or executive clemency, or conditional medical release
 2692  under s. 947.149, prior to serving the minimum sentence.
 2693         Section 44. For the purpose of incorporating the amendment
 2694  made by this act to section 947.149, Florida Statutes, in a
 2695  reference thereto, subsection (3) of section 784.07, Florida
 2696  Statutes, is reenacted to read:
 2697         784.07 Assault or battery of law enforcement officers,
 2698  firefighters, emergency medical care providers, public transit
 2699  employees or agents, or other specified officers;
 2700  reclassification of offenses; minimum sentences.—
 2701         (3) Any person who is convicted of a battery under
 2702  paragraph (2)(b) and, during the commission of the offense, such
 2703  person possessed:
 2704         (a) A “firearm” or “destructive device” as those terms are
 2705  defined in s. 790.001, shall be sentenced to a minimum term of
 2706  imprisonment of 3 years.
 2707         (b) A semiautomatic firearm and its high-capacity
 2708  detachable box magazine, as defined in s. 775.087(3), or a
 2709  machine gun as defined in s. 790.001, shall be sentenced to a
 2710  minimum term of imprisonment of 8 years.
 2711  
 2712  Notwithstanding s. 948.01, adjudication of guilt or imposition
 2713  of sentence shall not be suspended, deferred, or withheld, and
 2714  the defendant is not eligible for statutory gain-time under s.
 2715  944.275 or any form of discretionary early release, other than
 2716  pardon or executive clemency, or conditional medical release
 2717  under s. 947.149, prior to serving the minimum sentence.
 2718         Section 45. For the purpose of incorporating the amendment
 2719  made by this act to section 947.149, Florida Statutes, in a
 2720  reference thereto, subsection (1) of section 790.235, Florida
 2721  Statutes, is reenacted to read:
 2722         790.235 Possession of firearm or ammunition by violent
 2723  career criminal unlawful; penalty.—
 2724         (1) Any person who meets the violent career criminal
 2725  criteria under s. 775.084(1)(d), regardless of whether such
 2726  person is or has previously been sentenced as a violent career
 2727  criminal, who owns or has in his or her care, custody,
 2728  possession, or control any firearm, ammunition, or electric
 2729  weapon or device, or carries a concealed weapon, including a
 2730  tear gas gun or chemical weapon or device, commits a felony of
 2731  the first degree, punishable as provided in s. 775.082, s.
 2732  775.083, or s. 775.084. A person convicted of a violation of
 2733  this section shall be sentenced to a mandatory minimum of 15
 2734  years’ imprisonment; however, if the person would be sentenced
 2735  to a longer term of imprisonment under s. 775.084(4)(d), the
 2736  person must be sentenced under that provision. A person
 2737  convicted of a violation of this section is not eligible for any
 2738  form of discretionary early release, other than pardon,
 2739  executive clemency, or conditional medical release under s.
 2740  947.149.
 2741         Section 46. For the purpose of incorporating the amendment
 2742  made by this act to section 947.149, Florida Statutes, in a
 2743  reference thereto, subsection (7) of section 794.0115, Florida
 2744  Statutes, is reenacted to read:
 2745         794.0115 Dangerous sexual felony offender; mandatory
 2746  sentencing.—
 2747         (7) A defendant sentenced to a mandatory minimum term of
 2748  imprisonment under this section is not eligible for statutory
 2749  gain-time under s. 944.275 or any form of discretionary early
 2750  release, other than pardon or executive clemency, or conditional
 2751  medical release under s. 947.149, before serving the minimum
 2752  sentence.
 2753         Section 47. For the purpose of incorporating the amendment
 2754  made by this act to section 947.149, Florida Statutes, in a
 2755  reference thereto, paragraphs (b), (c), and (g) of subsection
 2756  (1) and subsection (3) of section 893.135, Florida Statutes, are
 2757  reenacted to read:
 2758         893.135 Trafficking; mandatory sentences; suspension or
 2759  reduction of sentences; conspiracy to engage in trafficking.—
 2760         (1) Except as authorized in this chapter or in chapter 499
 2761  and notwithstanding the provisions of s. 893.13:
 2762         (b)1. Any person who knowingly sells, purchases,
 2763  manufactures, delivers, or brings into this state, or who is
 2764  knowingly in actual or constructive possession of, 28 grams or
 2765  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 2766  mixture containing cocaine, but less than 150 kilograms of
 2767  cocaine or any such mixture, commits a felony of the first
 2768  degree, which felony shall be known as “trafficking in cocaine,”
 2769  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2770  If the quantity involved:
 2771         a. Is 28 grams or more, but less than 200 grams, such
 2772  person shall be sentenced to a mandatory minimum term of
 2773  imprisonment of 3 years, and the defendant shall be ordered to
 2774  pay a fine of $50,000.
 2775         b. Is 200 grams or more, but less than 400 grams, such
 2776  person shall be sentenced to a mandatory minimum term of
 2777  imprisonment of 7 years, and the defendant shall be ordered to
 2778  pay a fine of $100,000.
 2779         c. Is 400 grams or more, but less than 150 kilograms, such
 2780  person shall be sentenced to a mandatory minimum term of
 2781  imprisonment of 15 calendar years and pay a fine of $250,000.
 2782         2. Any person who knowingly sells, purchases, manufactures,
 2783  delivers, or brings into this state, or who is knowingly in
 2784  actual or constructive possession of, 150 kilograms or more of
 2785  cocaine, as described in s. 893.03(2)(a)4., commits the first
 2786  degree felony of trafficking in cocaine. A person who has been
 2787  convicted of the first degree felony of trafficking in cocaine
 2788  under this subparagraph shall be punished by life imprisonment
 2789  and is ineligible for any form of discretionary early release
 2790  except pardon or executive clemency or conditional medical
 2791  release under s. 947.149. However, if the court determines that,
 2792  in addition to committing any act specified in this paragraph:
 2793         a. The person intentionally killed an individual or
 2794  counseled, commanded, induced, procured, or caused the
 2795  intentional killing of an individual and such killing was the
 2796  result; or
 2797         b. The person’s conduct in committing that act led to a
 2798  natural, though not inevitable, lethal result,
 2799  
 2800  such person commits the capital felony of trafficking in
 2801  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 2802  person sentenced for a capital felony under this paragraph shall
 2803  also be sentenced to pay the maximum fine provided under
 2804  subparagraph 1.
 2805         3. Any person who knowingly brings into this state 300
 2806  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 2807  and who knows that the probable result of such importation would
 2808  be the death of any person, commits capital importation of
 2809  cocaine, a capital felony punishable as provided in ss. 775.082
 2810  and 921.142. Any person sentenced for a capital felony under
 2811  this paragraph shall also be sentenced to pay the maximum fine
 2812  provided under subparagraph 1.
 2813         (c)1. A person who knowingly sells, purchases,
 2814  manufactures, delivers, or brings into this state, or who is
 2815  knowingly in actual or constructive possession of, 4 grams or
 2816  more of any morphine, opium, hydromorphone, or any salt,
 2817  derivative, isomer, or salt of an isomer thereof, including
 2818  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 2819  (3)(c)4., or 4 grams or more of any mixture containing any such
 2820  substance, but less than 30 kilograms of such substance or
 2821  mixture, commits a felony of the first degree, which felony
 2822  shall be known as “trafficking in illegal drugs,” punishable as
 2823  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2824  quantity involved:
 2825         a. Is 4 grams or more, but less than 14 grams, such person
 2826  shall be sentenced to a mandatory minimum term of imprisonment
 2827  of 3 years and shall be ordered to pay a fine of $50,000.
 2828         b. Is 14 grams or more, but less than 28 grams, such person
 2829  shall be sentenced to a mandatory minimum term of imprisonment
 2830  of 15 years and shall be ordered to pay a fine of $100,000.
 2831         c. Is 28 grams or more, but less than 30 kilograms, such
 2832  person shall be sentenced to a mandatory minimum term of
 2833  imprisonment of 25 years and shall be ordered to pay a fine of
 2834  $500,000.
 2835         2. A person who knowingly sells, purchases, manufactures,
 2836  delivers, or brings into this state, or who is knowingly in
 2837  actual or constructive possession of, 14 grams or more of
 2838  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
 2839  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
 2840  grams or more of any mixture containing any such substance,
 2841  commits a felony of the first degree, which felony shall be
 2842  known as “trafficking in hydrocodone,” punishable as provided in
 2843  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 2844         a. Is 14 grams or more, but less than 28 grams, such person
 2845  shall be sentenced to a mandatory minimum term of imprisonment
 2846  of 3 years and shall be ordered to pay a fine of $50,000.
 2847         b. Is 28 grams or more, but less than 50 grams, such person
 2848  shall be sentenced to a mandatory minimum term of imprisonment
 2849  of 7 years and shall be ordered to pay a fine of $100,000.
 2850         c. Is 50 grams or more, but less than 200 grams, such
 2851  person shall be sentenced to a mandatory minimum term of
 2852  imprisonment of 15 years and shall be ordered to pay a fine of
 2853  $500,000.
 2854         d. Is 200 grams or more, but less than 30 kilograms, such
 2855  person shall be sentenced to a mandatory minimum term of
 2856  imprisonment of 25 years and shall be ordered to pay a fine of
 2857  $750,000.
 2858         3. A person who knowingly sells, purchases, manufactures,
 2859  delivers, or brings into this state, or who is knowingly in
 2860  actual or constructive possession of, 7 grams or more of
 2861  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
 2862  thereof, or 7 grams or more of any mixture containing any such
 2863  substance, commits a felony of the first degree, which felony
 2864  shall be known as “trafficking in oxycodone,” punishable as
 2865  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 2866  quantity involved:
 2867         a. Is 7 grams or more, but less than 14 grams, such person
 2868  shall be sentenced to a mandatory minimum term of imprisonment
 2869  of 3 years and shall be ordered to pay a fine of $50,000.
 2870         b. Is 14 grams or more, but less than 25 grams, such person
 2871  shall be sentenced to a mandatory minimum term of imprisonment
 2872  of 7 years and shall be ordered to pay a fine of $100,000.
 2873         c. Is 25 grams or more, but less than 100 grams, such
 2874  person shall be sentenced to a mandatory minimum term of
 2875  imprisonment of 15 years and shall be ordered to pay a fine of
 2876  $500,000.
 2877         d. Is 100 grams or more, but less than 30 kilograms, such
 2878  person shall be sentenced to a mandatory minimum term of
 2879  imprisonment of 25 years and shall be ordered to pay a fine of
 2880  $750,000.
 2881         4.a. A person who knowingly sells, purchases, manufactures,
 2882  delivers, or brings into this state, or who is knowingly in
 2883  actual or constructive possession of, 4 grams or more of:
 2884         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 2885         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 2886         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 2887         (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
 2888         (V) A fentanyl derivative, as described in s.
 2889  893.03(1)(a)62.;
 2890         (VI) A controlled substance analog, as described in s.
 2891  893.0356, of any substance described in sub-sub-subparagraphs
 2892  (I)-(V); or
 2893         (VII) A mixture containing any substance described in sub
 2894  sub-subparagraphs (I)-(VI),
 2895  
 2896  commits a felony of the first degree, which felony shall be
 2897  known as “trafficking in fentanyl,” punishable as provided in s.
 2898  775.082, s. 775.083, or s. 775.084.
 2899         b. If the quantity involved under sub-subparagraph a.:
 2900         (I) Is 4 grams or more, but less than 14 grams, such person
 2901  shall be sentenced to a mandatory minimum term of imprisonment
 2902  of 3 years, and shall be ordered to pay a fine of $50,000.
 2903         (II) Is 14 grams or more, but less than 28 grams, such
 2904  person shall be sentenced to a mandatory minimum term of
 2905  imprisonment of 15 years, and shall be ordered to pay a fine of
 2906  $100,000.
 2907         (III) Is 28 grams or more, such person shall be sentenced
 2908  to a mandatory minimum term of imprisonment of 25 years, and
 2909  shall be ordered to pay a fine of $500,000.
 2910         5. A person who knowingly sells, purchases, manufactures,
 2911  delivers, or brings into this state, or who is knowingly in
 2912  actual or constructive possession of, 30 kilograms or more of
 2913  any morphine, opium, oxycodone, hydrocodone, codeine,
 2914  hydromorphone, or any salt, derivative, isomer, or salt of an
 2915  isomer thereof, including heroin, as described in s.
 2916  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 2917  more of any mixture containing any such substance, commits the
 2918  first degree felony of trafficking in illegal drugs. A person
 2919  who has been convicted of the first degree felony of trafficking
 2920  in illegal drugs under this subparagraph shall be punished by
 2921  life imprisonment and is ineligible for any form of
 2922  discretionary early release except pardon or executive clemency
 2923  or conditional medical release under s. 947.149. However, if the
 2924  court determines that, in addition to committing any act
 2925  specified in this paragraph:
 2926         a. The person intentionally killed an individual or
 2927  counseled, commanded, induced, procured, or caused the
 2928  intentional killing of an individual and such killing was the
 2929  result; or
 2930         b. The person’s conduct in committing that act led to a
 2931  natural, though not inevitable, lethal result,
 2932  
 2933  such person commits the capital felony of trafficking in illegal
 2934  drugs, punishable as provided in ss. 775.082 and 921.142. A
 2935  person sentenced for a capital felony under this paragraph shall
 2936  also be sentenced to pay the maximum fine provided under
 2937  subparagraph 1.
 2938         6. A person who knowingly brings into this state 60
 2939  kilograms or more of any morphine, opium, oxycodone,
 2940  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 2941  isomer, or salt of an isomer thereof, including heroin, as
 2942  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 2943  60 kilograms or more of any mixture containing any such
 2944  substance, and who knows that the probable result of such
 2945  importation would be the death of a person, commits capital
 2946  importation of illegal drugs, a capital felony punishable as
 2947  provided in ss. 775.082 and 921.142. A person sentenced for a
 2948  capital felony under this paragraph shall also be sentenced to
 2949  pay the maximum fine provided under subparagraph 1.
 2950         (g)1. Any person who knowingly sells, purchases,
 2951  manufactures, delivers, or brings into this state, or who is
 2952  knowingly in actual or constructive possession of, 4 grams or
 2953  more of flunitrazepam or any mixture containing flunitrazepam as
 2954  described in s. 893.03(1)(a) commits a felony of the first
 2955  degree, which felony shall be known as “trafficking in
 2956  flunitrazepam,” punishable as provided in s. 775.082, s.
 2957  775.083, or s. 775.084. If the quantity involved:
 2958         a. Is 4 grams or more but less than 14 grams, such person
 2959  shall be sentenced to a mandatory minimum term of imprisonment
 2960  of 3 years, and the defendant shall be ordered to pay a fine of
 2961  $50,000.
 2962         b. Is 14 grams or more but less than 28 grams, such person
 2963  shall be sentenced to a mandatory minimum term of imprisonment
 2964  of 7 years, and the defendant shall be ordered to pay a fine of
 2965  $100,000.
 2966         c. Is 28 grams or more but less than 30 kilograms, such
 2967  person shall be sentenced to a mandatory minimum term of
 2968  imprisonment of 25 calendar years and pay a fine of $500,000.
 2969         2. Any person who knowingly sells, purchases, manufactures,
 2970  delivers, or brings into this state or who is knowingly in
 2971  actual or constructive possession of 30 kilograms or more of
 2972  flunitrazepam or any mixture containing flunitrazepam as
 2973  described in s. 893.03(1)(a) commits the first degree felony of
 2974  trafficking in flunitrazepam. A person who has been convicted of
 2975  the first degree felony of trafficking in flunitrazepam under
 2976  this subparagraph shall be punished by life imprisonment and is
 2977  ineligible for any form of discretionary early release except
 2978  pardon or executive clemency or conditional medical release
 2979  under s. 947.149. However, if the court determines that, in
 2980  addition to committing any act specified in this paragraph:
 2981         a. The person intentionally killed an individual or
 2982  counseled, commanded, induced, procured, or caused the
 2983  intentional killing of an individual and such killing was the
 2984  result; or
 2985         b. The person’s conduct in committing that act led to a
 2986  natural, though not inevitable, lethal result,
 2987  
 2988  such person commits the capital felony of trafficking in
 2989  flunitrazepam, punishable as provided in ss. 775.082 and
 2990  921.142. Any person sentenced for a capital felony under this
 2991  paragraph shall also be sentenced to pay the maximum fine
 2992  provided under subparagraph 1.
 2993         (3) Notwithstanding the provisions of s. 948.01, with
 2994  respect to any person who is found to have violated this
 2995  section, adjudication of guilt or imposition of sentence shall
 2996  not be suspended, deferred, or withheld, nor shall such person
 2997  be eligible for parole prior to serving the mandatory minimum
 2998  term of imprisonment prescribed by this section. A person
 2999  sentenced to a mandatory minimum term of imprisonment under this
 3000  section is not eligible for any form of discretionary early
 3001  release, except pardon or executive clemency or conditional
 3002  medical release under s. 947.149, prior to serving the mandatory
 3003  minimum term of imprisonment.
 3004         Section 48. For the purpose of incorporating the amendment
 3005  made by this act to section 947.149, Florida Statutes, in a
 3006  reference thereto, subsection (2) of section 921.0024, Florida
 3007  Statutes, is reenacted to read:
 3008         921.0024 Criminal Punishment Code; worksheet computations;
 3009  scoresheets.—
 3010         (2) The lowest permissible sentence is the minimum sentence
 3011  that may be imposed by the trial court, absent a valid reason
 3012  for departure. The lowest permissible sentence is any nonstate
 3013  prison sanction in which the total sentence points equals or is
 3014  less than 44 points, unless the court determines within its
 3015  discretion that a prison sentence, which may be up to the
 3016  statutory maximums for the offenses committed, is appropriate.
 3017  When the total sentence points exceeds 44 points, the lowest
 3018  permissible sentence in prison months shall be calculated by
 3019  subtracting 28 points from the total sentence points and
 3020  decreasing the remaining total by 25 percent. The total sentence
 3021  points shall be calculated only as a means of determining the
 3022  lowest permissible sentence. The permissible range for
 3023  sentencing shall be the lowest permissible sentence up to and
 3024  including the statutory maximum, as defined in s. 775.082, for
 3025  the primary offense and any additional offenses before the court
 3026  for sentencing. The sentencing court may impose such sentences
 3027  concurrently or consecutively. However, any sentence to state
 3028  prison must exceed 1 year. If the lowest permissible sentence
 3029  under the code exceeds the statutory maximum sentence as
 3030  provided in s. 775.082, the sentence required by the code must
 3031  be imposed. If the total sentence points are greater than or
 3032  equal to 363, the court may sentence the offender to life
 3033  imprisonment. An offender sentenced to life imprisonment under
 3034  this section is not eligible for any form of discretionary early
 3035  release, except executive clemency or conditional medical
 3036  release under s. 947.149.
 3037         Section 49. For the purpose of incorporating the amendment
 3038  made by this act to section 947.149, Florida Statutes, in a
 3039  reference thereto, paragraph (b) of subsection (7) of section
 3040  944.605, Florida Statutes, is reenacted to read:
 3041         944.605 Inmate release; notification; identification card.—
 3042         (7)
 3043         (b) Paragraph (a) does not apply to inmates who:
 3044         1. The department determines have a valid driver license or
 3045  state identification card, except that the department shall
 3046  provide these inmates with a replacement state identification
 3047  card or replacement driver license, if necessary.
 3048         2. Have an active detainer, unless the department
 3049  determines that cancellation of the detainer is likely or that
 3050  the incarceration for which the detainer was issued will be less
 3051  than 12 months in duration.
 3052         3. Are released due to an emergency release or a
 3053  conditional medical release under s. 947.149.
 3054         4. Are not in the physical custody of the department at or
 3055  within 180 days before release.
 3056         5. Are subject to sex offender residency restrictions, and
 3057  who, upon release under such restrictions, do not have a
 3058  qualifying address.
 3059         Section 50. For the purpose of incorporating the amendment
 3060  made by this act to section 947.149, Florida Statutes, in a
 3061  reference thereto, paragraph (b) of subsection (1) of section
 3062  944.70, Florida Statutes, is reenacted to read:
 3063         944.70 Conditions for release from incarceration.—
 3064         (1)
 3065         (b) A person who is convicted of a crime committed on or
 3066  after January 1, 1994, may be released from incarceration only:
 3067         1. Upon expiration of the person’s sentence;
 3068         2. Upon expiration of the person’s sentence as reduced by
 3069  accumulated meritorious or incentive gain-time;
 3070         3. As directed by an executive order granting clemency;
 3071         4. Upon placement in a conditional release program pursuant
 3072  to s. 947.1405 or a conditional medical release program pursuant
 3073  to s. 947.149; or
 3074         5. Upon the granting of control release, including
 3075  emergency control release, pursuant to s. 947.146.
 3076         Section 51. For the purpose of incorporating the amendment
 3077  made by this act to section 947.149, Florida Statutes, in a
 3078  reference thereto, paragraph (h) of subsection (1) of section
 3079  947.13, Florida Statutes, is reenacted to read:
 3080         947.13 Powers and duties of commission.—
 3081         (1) The commission shall have the powers and perform the
 3082  duties of:
 3083         (h) Determining what persons will be released on
 3084  conditional medical release under s. 947.149, establishing the
 3085  conditions of conditional medical release, and determining
 3086  whether a person has violated the conditions of conditional
 3087  medical release and taking action with respect to such a
 3088  violation.
 3089         Section 52. For the purpose of incorporating the amendment
 3090  made by this act to section 947.149, Florida Statutes, in a
 3091  reference thereto, subsections (1), (2), and (7) of section
 3092  947.141, Florida Statutes, are reenacted to read:
 3093         947.141 Violations of conditional release, control release,
 3094  or conditional medical release or addiction-recovery
 3095  supervision.—
 3096         (1) If a member of the commission or a duly authorized
 3097  representative of the commission has reasonable grounds to
 3098  believe that an offender who is on release supervision under s.
 3099  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 3100  the terms and conditions of the release in a material respect,
 3101  such member or representative may cause a warrant to be issued
 3102  for the arrest of the releasee; if the offender was found to be
 3103  a sexual predator, the warrant must be issued.
 3104         (2) Upon the arrest on a felony charge of an offender who
 3105  is on release supervision under s. 947.1405, s. 947.146, s.
 3106  947.149, or s. 944.4731, the offender must be detained without
 3107  bond until the initial appearance of the offender at which a
 3108  judicial determination of probable cause is made. If the trial
 3109  court judge determines that there was no probable cause for the
 3110  arrest, the offender may be released. If the trial court judge
 3111  determines that there was probable cause for the arrest, such
 3112  determination also constitutes reasonable grounds to believe
 3113  that the offender violated the conditions of the release. Within
 3114  24 hours after the trial court judge’s finding of probable
 3115  cause, the detention facility administrator or designee shall
 3116  notify the commission and the department of the finding and
 3117  transmit to each a facsimile copy of the probable cause
 3118  affidavit or the sworn offense report upon which the trial court
 3119  judge’s probable cause determination is based. The offender must
 3120  continue to be detained without bond for a period not exceeding
 3121  72 hours excluding weekends and holidays after the date of the
 3122  probable cause determination, pending a decision by the
 3123  commission whether to issue a warrant charging the offender with
 3124  violation of the conditions of release. Upon the issuance of the
 3125  commission’s warrant, the offender must continue to be held in
 3126  custody pending a revocation hearing held in accordance with
 3127  this section.
 3128         (7) If a law enforcement officer has probable cause to
 3129  believe that an offender who is on release supervision under s.
 3130  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 3131  the terms and conditions of his or her release by committing a
 3132  felony offense, the officer shall arrest the offender without a
 3133  warrant, and a warrant need not be issued in the case.
 3134         Section 53. This act shall take effect October 1, 2018.