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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to criminal rehabilitation; amending 2
s. 921.002, F.S.; revising the legislative intent of 3
the Criminal Punishment Code; specifying that one of 4
the primary purposes of sentencing is to rehabilitate 5
the offender to transition back to the community 6
successfully; reducing the minimum sentence that must 7
be served by a defendant; amending s. 944.275, F.S.; 8
revising provisions concerning gain -time to provide 9
for outstanding deed gain -time, good behavior time, 10
and rehabilitation credits; providing requirements for 11
such gain-time and credits; providing for amounts to 12
be awarded; revising limits on the award of gain -time; 13
reducing the minimum sentence that must be served by a 14
defendant; amending ss. 316.027, 316.1935, 381.004, 15
775.084, 775.0845, 775.0847, 775.0861, 775.0862, 16
775.087, 775.0875, 777.03, 777.04, 784.07, 794.011, 17
794.0115, 794.023, 812.081, 817.568, 831.032, 843.22, 18
874.04, 944.281, 944.473, 944 .70, 944.801, and 19
947.005, F.S.; conforming provisions to changes made 20
by the act; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Subsection (1) of section 921.002, Florida 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statutes, is amended t o read: 26
921.002 The Criminal Punishment Code. —The Criminal 27
Punishment Code shall apply to all felony offenses, except 28
capital felonies, committed on or after October 1, 1998. 29
(1) The provision of criminal penalties and of limitations 30
upon the application of such penalties is a matter of 31
predominantly substantive law and, as such, is a matter properly 32
addressed by the Legislature. The Legislature, in the exercise 33
of its authority and responsibility to establish sentencing 34
criteria, to provide for the imp osition of criminal penalties, 35
and to make the best use of state prisons so that violent 36
criminal offenders are appropriately punished and rehabilitated 37
incarcerated, has determined that it is in the best interest of 38
the state to develop, implement, and re vise a sentencing policy. 39
The Criminal Punishment Code embodies the principles that: 40
(a) Sentencing is neutral with respect to race, gender, 41
and social and economic status. 42
(b) The dual purposes primary purpose of sentencing in the 43
criminal justice sys tem are is to punish the offender and 44
rehabilitate the offender to transition back to the community 45
successfully. Rehabilitation is a desired goal of the criminal 46
justice system but is subordinate to the goal of punishment. 47
(c) The penalty imposed is com mensurate with the severity 48
of the primary offense and the circumstances surrounding the 49
primary offense. 50
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(d) The severity of the sentence increases with the length 51
and nature of the offender's prior record. 52
(e) The sentence imposed by the sentencing j udge reflects 53
the length of actual time to be served, shortened only by the 54
application of outstanding deed incentive and meritorious gain-55
time, good behavior time, and rehabilitation credits as provided 56
by law, and may not be shortened if the defendant wo uld 57
consequently serve less than 65 85 percent of his or her term of 58
imprisonment as provided in s. 944.275(4). The provisions of 59
chapter 947, relating to parole, shall not apply to persons 60
sentenced under the Criminal Punishment Code. 61
(f) Departures below the lowest permissible sentence 62
established by the code must be articulated in writing by the 63
trial court judge and made only when circumstances or factors 64
reasonably justify the mitigation of the sentence. The level of 65
proof necessary to establish fact s that support a departure from 66
the lowest permissible sentence is a preponderance of the 67
evidence. 68
(g) The trial court judge may impose a sentence up to and 69
including the statutory maximum for any offense, including an 70
offense that is before the court d ue to a violation of probation 71
or community control. 72
(h) A sentence may be appealed on the basis that it 73
departs from the Criminal Punishment Code only if the sentence 74
is below the lowest permissible sentence or as enumerated in s. 75
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924.06(1). 76
(i) Use of incarcerative sanctions is prioritized toward 77
offenders convicted of serious offenses and certain offenders 78
who have long prior records, in order to maximize the finite 79
capacities of state and local correctional facilities. 80
Section 2. Section 944.275, Florida Statutes, is amended 81
to read: 82
944.275 Outstanding deed gain-time, good behavior time, 83
and rehabilitation credits .— 84
(1) The department is authorized to grant deductions from 85
sentences in the form of outstanding deed gain-time, good 86
behavior time, and rehabilitation credits in order to encourage 87
satisfactory prisoner behavior, to provide incentive for 88
prisoners to participate in productive activities, and to reward 89
prisoners who perform outstanding deeds or services. 90
(2)(a) The departme nt shall establish for each prisoner 91
sentenced to a term of years a "maximum sentence expiration 92
date," which shall be the date when the sentence or combined 93
sentences imposed on a prisoner will expire. In establishing 94
this date, the department shall reduc e the total time to be 95
served by any time lawfully credited. 96
(b) When a prisoner with an established maximum sentence 97
expiration date is sentenced to an additional term or terms 98
without having been released from custody, the department shall 99
extend the maximum sentence expiration date by the length of 100
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time imposed in the new sentence or sentences, less lawful 101
credits. 102
(c) When an escaped prisoner or a parole violator is 103
returned to the custody of the department, the maximum sentence 104
expiration date in e ffect when the escape occurred or the parole 105
was effective shall be extended by the amount of time the 106
prisoner was not in custody plus the time imposed in any new 107
sentence or sentences, but reduced by any lawful credits. 108
(3)(a) The department shall also establish for each 109
prisoner sentenced to a term of years a "tentative release date" 110
which shall be the date projected for the prisoner's release 111
from custody by virtue of outstanding deed gain-time, good 112
behavior time, or rehabilitation credits granted or forfeited as 113
described in this section. The initial tentative release date 114
shall be determined by deducting outstanding deed basic gain-115
time, good behavior time, or rehabilitation credits granted from 116
the maximum sentence expiration date. Outstanding deed Other 117
gain-time, good behavior time, and rehabilitation credits shall 118
be applied when granted or restored to make the tentative 119
release date proportionately earlier ,; and forfeitures of good 120
behavior time gain-time, when ordered, shall be applied to make 121
the tentative release date proportionately later. 122
(b) When an initial tentative release date is 123
reestablished because of additional sentences imposed before the 124
prisoner has completely served all prior sentences, any 125
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outstanding deed gain-time, good behavior time, or 126
rehabilitation credits granted during service of a prior 127
sentence and not forfeited shall be applied. 128
(c) The tentative release date may not be later than the 129
maximum sentence expiration date. 130
(4)(a) As a means of encouraging satisfactory behavior and 131
developing character traits necessary for successful reentry , 132
the department shall grant good behavior time basic gain-time at 133
the rate of 10 days for each month of each sentence imposed on a 134
prisoner, subject to the following: 135
1. Portions of any sentences to be served concurrently 136
shall be treated as a single sentence when determining good 137
behavior time basic gain-time. 138
2. Good behavior time Basic gain-time for a partial month 139
shall be prorated on the basis of a 30 -day month. 140
3. When a prisoner receives a new maximum sentence 141
expiration date because of additional sentences imposed, good 142
behavior time basic gain-time shall be granted for the amount of 143
time the maximum sentence expiration date was extended. 144
(b) For each month in which an inmate works diligently, 145
participates in training or education, uses time constructively, 146
or otherwise engages in positive activities, the department may 147
grant rehabilitation credits incentive gain-time in accordance 148
with this paragraph. The rate of rehabilitation credits 149
incentive gain-time in effect on the date the inmate committed 150
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the offense which resulted in his or her incarceration shall be 151
the inmate's rate of eligibility to earn rehabilitation credits 152
incentive gain-time throughout the period of in carceration and 153
shall not be altered by a subsequent change in the severity 154
level of the offense for which the inmate was sentenced. 155
1. For sentences imposed for offenses committed before 156
prior to January 1, 1994, and after October 1, 1995, up to 20 157
days of rehabilitation credits incentive gain-time may be 158
granted. If granted, such rehabilitation credits gain-time shall 159
be credited and applied monthly. 160
2. For sentences imposed for offenses committed on or 161
after January 1, 1994, and before October 1, 199 5: 162
a. For offenses ranked in offense severity levels 1 163
through 7, under former s. 921.0012 or former s. 921.0013, up to 164
25 days of rehabilitation credits incentive gain-time may be 165
granted. If granted, such rehabilitation credits gain-time shall 166
be credited and applied monthly. 167
b. For offenses ranked in offense severity levels 8, 9, 168
and 10, under former s. 921.0012 or former s. 921.0013, up to 20 169
days of incentive gain -time may be granted. If granted, such 170
gain-time shall be credited and applied monthly . 171
3. For sentences imposed for offenses committed on or 172
after October 1, 1995, the department may grant up to 10 days 173
per month of incentive gain -time. 174
(c) An inmate who performs some outstanding deed, such as 175
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saving a life or assisting in recapturing an escaped inmate, or 176
who in some manner performs an outstanding service that would 177
merit the granting of additional deductions from the term of his 178
or her sentence may be granted outstanding deed meritorious 179
gain-time of from 30 1 to 60 days per outstanding deed 180
performed. 181
(d) Notwithstanding the monthly maximum awards of 182
rehabilitation credits incentive gain-time under subparagraphs 183
(b)1. and, 2., and 3., the education program manager shall 184
recommend, and the department shall of Corrections may grant 185
awards, a one-time award of 60 additional days of rehabilitation 186
credits to prisoners for successful completion of each of the 187
following: incentive gain-time to an inmate who is otherwise 188
eligible and who successfully completes requirements for and is, 189
or has been during the current commitment, awarded a high school 190
equivalency diploma, college degree, or vocational certificate 191
or a drug treatment program, mental health treatment program, 192
life skills program, behavioral modification program, reentry 193
program, or any equivalent rehabilitative program. Additionally, 194
the department shall grant 5 additional days of rehabilitation 195
credits for successful completion of any other department -196
approved program, including inmate -developed programs, or a 197
passing grade in each online or in-person educational course. 198
Rehabilitation credits awarded under this paragraph shall be 199
retroactive. Under no circumstances may an inmate receive more 200
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than 60 days for educational attainment pursuant to this 201
section. 202
(e) Notwithstanding the monthly maximum awards of 203
rehabilitation credits under subparagraphs (b)1. and 2., the 204
department may grant 2 additional days per month of good 205
behavior time to prisoners serving sentences for violations of 206
ss. 893.13 and 893.135. Good behavior time g ranted under this 207
paragraph shall be retroactive. 208
(f)(e) Notwithstanding subparagraph (b)1. (b)3., for 209
sentences imposed for offenses committed on or after October 1, 210
2014, the department may not grant rehabilitation credits 211
incentive gain-time if the offense is a violation of s. 212
782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 213
3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s. 214
825.1025; or s. 847.0135(5). 215
(g)1.(f) An inmate who is subject to this subsection 216
subparagraph (b)3. is not eligible to earn or receive 217
outstanding deed gain-time or good behavior time under paragraph 218
(a), paragraph (b), paragraph (c), or paragraph (d) or any other 219
type of gain-time in an amount that would cause a sentence to 220
expire, end, or terminate, or that would result in a prisoner's 221
release, before prior to serving a minimum of 85 percent of the 222
sentence imposed. For purposes of this paragraph, credits 223
awarded by the court for time physically incarcerated shall be 224
credited toward satisfaction of 85 percent of the sentence 225
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imposed. 226
2. A prisoner who is subject to this subsection may not 227
accumulate rehabilitation credits as described in paragraph (d) 228
in an amount that would allow a sentence to expire, end, or 229
terminate, or that would result in a prisoner's release, before 230
serving a minimum of 65 percent of the sentence imposed. 231
3. Except as provided by this section, a prisoner may not 232
accumulate further gain-time awards at any point when the 233
tentative release date is the same as that date at which the 234
prisoner will have served 65 85 percent of the sentence imposed. 235
State prisoners sentenced to life imprisonment shall be 236
incarcerated for the rest of their natural lives, unless granted 237
pardon or clemency. 238
(5) When a prisoner is found guilty of an infraction of 239
the laws of this state or the rules of the department, good 240
behavior time not yet vested gain-time may be forfeited 241
according to law after due process. For purposes of this 242
subsection, good behavior time is deemed vested 2 years after 243
being granted. 244
(6)(a) Good behavior time Basic gain-time under this 245
section shall be computed on and applied to all sentences 246
imposed for offenses committed on or after July 1, 1978, and 247
before January 1, 1994. 248
(b) All outstanding deed incentive and meritorious gain-249
time, good behavior time, and rehabilitation credits are is 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
granted according to this section. 251
(c) All additional gain -time previously awarded under 252
former subsections (2) and (3) and all forfeitures ordered 253
before prior to the effective date of the act that created this 254
section shall remain in effect and be applied in establishing an 255
initial tentative release date. 256
(7) The department shall adopt rules to implement the 257
granting, forfeiture, restoration, and deletion of outstanding 258
deed gain-time, good behavior time, and rehabilitation credits . 259
Section 3. Paragraph (f) of subsection (2) of section 260
316.027, Florida Statutes, is amended to read: 261
316.027 Crash involving death or personal injuries. — 262
(2) 263
(f) For purposes of sentencing under chapter 921 and 264
determining rehabilitation credit incentive gain-time 265
eligibility under chapter 944, an offense listed in this 266
subsection is ranked one level above the ranking specified in s. 267
921.0022 or s. 921.0023 for the offense com mitted if the victim 268
of the offense was a vulnerable road user. 269
Section 4. Subsection (6) of section 316.1935, Florida 270
Statutes, is amended to read: 271
316.1935 Fleeing or attempting to elude a law enforcement 272
officer; aggravated fleeing or eluding. — 273
(6) Notwithstanding s. 948.01, no court may suspend, 274
defer, or withhold adjudication of guilt or imposition of 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sentence for any violation of this section. A person convicted 276
and sentenced to a mandatory minimum term of incarceration under 277
paragraph (3)(b) or paragraph (4)(b) is not eligible for 278
statutory gain-time or credits under s. 944.275 or any form of 279
discretionary early release, other than pardon or executive 280
clemency or conditional medical release under s. 947.149, before 281
prior to serving the mandatory minimum sentence. 282
Section 5. Paragraph (h) of subsection (2) of section 283
381.004, Florida Statutes, is amended to read: 284
381.004 HIV testing. — 285
(2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED 286
CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY. — 287
(h) Paragraph (a) does not apply: 288
1. When testing for sexually transmissible diseases is 289
required by state or federal law, or by rule, including the 290
following situations: 291
a. HIV testing pursuant to s. 796.08 of persons convicted 292
of prostitution or of proc uring another to commit prostitution. 293
b. HIV testing of inmates pursuant to s. 945.355 before 294
their release from prison by reason of parole, accumulation of 295
gain-time or other credits, or expiration of sentence. 296
c. Testing for HIV by a medical examiner in accordance 297
with s. 406.11. 298
d. HIV testing of pregnant women pursuant to s. 384.31. 299
2. To those exceptions provided for blood, plasma, organs, 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
skin, semen, or other human tissue pursuant to s. 381.0041. 301
3. For the performance of an HIV -related test by licensed 302
medical personnel in bona fide medical emergencies if the test 303
results are necessary for medical diagnostic purposes to provide 304
appropriate emergency care or treatment to the person being 305
tested and the patient is unable to consent, as suppor ted by 306
documentation in the medical record. Notification of test 307
results in accordance with paragraph (c) is required. 308
4. For the performance of an HIV -related test by licensed 309
medical personnel for medical diagnosis of acute illness where, 310
in the opinion of the attending physician, providing 311
notification would be detrimental to the patient, as supported 312
by documentation in the medical record, and the test results are 313
necessary for medical diagnostic purposes to provide appropriate 314
care or treatment to th e person being tested. Notification of 315
test results in accordance with paragraph (c) is required if it 316
would not be detrimental to the patient. This subparagraph does 317
not authorize the routine testing of patients for HIV infection 318
without notification. 319
5. If HIV testing is performed as part of an autopsy for 320
which consent was obtained pursuant to s. 872.04. 321
6. For the performance of an HIV test upon a defendant 322
pursuant to the victim's request in a prosecution for any type 323
of sexual battery where a bloo d sample is taken from the 324
defendant voluntarily, pursuant to court order for any purpose, 325
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or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however, 326
the results of an HIV test performed shall be disclosed solely 327
to the victim and the defendant, except as provided in ss. 328
775.0877, 951.27, and 960.003. 329
7. If an HIV test is mandated by court order. 330
8. For epidemiological research pursuant to s. 381.0031, 331
for research consistent with institutional review boards created 332
by 45 C.F.R. part 46, or for the performance of an HIV -related 333
test for the purpose of research, if the testing is performed in 334
a manner by which the identity of the test subject is not known 335
and may not be retrieved by the researcher. 336
9. If human tissue is collected lawfully without th e 337
consent of the donor for corneal removal as authorized by s. 338
765.5185 or enucleation of the eyes as authorized by s. 765.519. 339
10. For the performance of an HIV test upon an individual 340
who comes into contact with medical personnel in such a way that 341
a significant exposure has occurred during the course of 342
employment, within the scope of practice, or during the course 343
of providing emergency medical assistance to the individual. The 344
term "medical personnel" includes a licensed or certified health 345
care professional; an employee of a health care professional or 346
health care facility; employees of a laboratory licensed under 347
chapter 483; personnel of a blood bank or plasma center; a 348
medical student or other student who is receiving training as a 349
health care professional at a health care facility; and a 350
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paramedic or emergency medical technician certified by the 351
department to perform life -support procedures under s. 401.23. 352
a. The occurrence of a significant exposure shall be 353
documented by medical personnel unde r the supervision of a 354
licensed physician and recorded only in the personnel record of 355
the medical personnel. 356
b. Costs of an HIV test shall be borne by the medical 357
personnel or the employer of the medical personnel. However, 358
costs of testing or treatment not directly related to the 359
initial HIV tests or costs of subsequent testing or treatment 360
may not be borne by the medical personnel or the employer of the 361
medical personnel. 362
c. In order to use the provisions of this subparagraph, 363
the medical personnel must be tested for HIV pursuant to this 364
section or provide the results of an HIV test taken within 6 365
months before the significant exposure if such test results are 366
negative. 367
d. A person who receives the results of an HIV test 368
pursuant to this subparagra ph shall maintain the confidentiality 369
of the information received and of the persons tested. Such 370
confidential information is exempt from s. 119.07(1). 371
e. If the source of the exposure is not available and will 372
not voluntarily present himself or herself to a health facility 373
to be tested for HIV, the medical personnel or the employer of 374
such person acting on behalf of the employee may seek a court 375
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order directing the source of the exposure to submit to HIV 376
testing. A sworn statement by a physician licensed under chapter 377
458 or chapter 459 that a significant exposure has occurred and 378
that, in the physician's medical judgment, testing is medically 379
necessary to determine the course of treatment constitutes 380
probable cause for the issuance of an order by the cou rt. The 381
results of the test shall be released to the source of the 382
exposure and to the person who experienced the exposure. 383
11. For the performance of an HIV test upon an individual 384
who comes into contact with nonmedical personnel in such a way 385
that a significant exposure has occurred while the nonmedical 386
personnel provides emergency medical assistance during a medical 387
emergency. For the purposes of this subparagraph, a medical 388
emergency means an emergency medical condition outside of a 389
hospital or health care facility that provides physician care. 390
The test may be performed only during the course of treatment 391
for the medical emergency. 392
a. The occurrence of a significant exposure shall be 393
documented by medical personnel under the supervision of a 394
licensed physician and recorded in the medical record of the 395
nonmedical personnel. 396
b. Costs of any HIV test shall be borne by the nonmedical 397
personnel or the employer of the nonmedical personnel. However, 398
costs of testing or treatment not directly related to the 399
initial HIV tests or costs of subsequent testing or treatment 400
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may not be borne by the nonmedical personnel or the employer of 401
the nonmedical personnel. 402
c. In order to use the provisions of this subparagraph, 403
the nonmedical personnel shall be tested for HIV pursuant to 404
this section or shall provide the results of an HIV test taken 405
within 6 months before the significant exposure if such test 406
results are negative. 407
d. A person who receives the results of an HIV test 408
pursuant to this subparagraph shall main tain the confidentiality 409
of the information received and of the persons tested. Such 410
confidential information is exempt from s. 119.07(1). 411
e. If the source of the exposure is not available and will 412
not voluntarily present himself or herself to a health f acility 413
to be tested for HIV, the nonmedical personnel or the employer 414
of the nonmedical personnel acting on behalf of the employee may 415
seek a court order directing the source of the exposure to 416
submit to HIV testing. A sworn statement by a physician licen sed 417
under chapter 458 or chapter 459 that a significant exposure has 418
occurred and that, in the physician's medical judgment, testing 419
is medically necessary to determine the course of treatment 420
constitutes probable cause for the issuance of an order by the 421
court. The results of the test shall be released to the source 422
of the exposure and to the person who experienced the exposure. 423
12. For the performance of an HIV test by the medical 424
examiner or attending physician upon an individual who expired 425
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or could not be resuscitated while receiving emergency medical 426
assistance or care and who was the source of a significant 427
exposure to medical or nonmedical personnel providing such 428
assistance or care. 429
a. HIV testing may be conducted only after appropriate 430
medical personnel under the supervision of a licensed physician 431
documents in the medical record of the medical personnel or 432
nonmedical personnel that there has been a significant exposure 433
and that, in accordance with the written protocols based on the 434
National Centers for Disease Control and Prevention guidelines 435
on HIV postexposure prophylaxis and in the physician's medical 436
judgment, the information is medically necessary to determine 437
the course of treatment for the medical personnel or nonmedical 438
personnel. 439
b. Costs of an HIV test performed under this subparagraph 440
may not be charged to the deceased or to the family of the 441
deceased person. 442
c. For this subparagraph to be applicable, the medical 443
personnel or nonmedical personnel must be tested for HIV under 444
this section or must provide the results of an HIV test taken 445
within 6 months before the significant exposure if such test 446
results are negative. 447
d. A person who receives the results of an HIV test 448
pursuant to this subparagraph shall comply with paragraph (e). 449
13. For the performance of an HIV -related test medically 450
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indicated by licensed medical personnel for medical diagnosis of 451
a hospitalized infant as necessary to provide appropriate care 452
and treatment of the infant if, after a reasonable attempt, a 453
parent cannot be contacted to provide consent. The medical 454
records of the infant must reflect the reason consent of the 455
parent was not initially obtained. Test results shall be 456
provided to the parent when the parent is located. 457
14. For the performance of HIV t esting conducted to 458
monitor the clinical progress of a patient previously diagnosed 459
to be HIV positive. 460
15. For the performance of repeated HIV testing conducted 461
to monitor possible conversion from a significant exposure. 462
Section 6. Paragraph (k) of subsection (4) of section 463
775.084, Florida Statutes, is amended to read: 464
775.084 Violent career criminals; habitual felony 465
offenders and habitual violent felony offenders; three -time 466
violent felony offenders; definitions; procedure; enhanced 467
penalties or mandatory minimum prison terms. — 468
(4) 469
(k)1. A defendant sentenced under this section as a 470
habitual felony offender, a habitual violent felony offender, or 471
a violent career criminal is eligible for rehabilitation credits 472
gain-time granted by the Departme nt of Corrections as provided 473
in s. 944.275(4)(b). 474
2. For an offense committed on or after October 1, 1995, a 475
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defendant sentenced under this section as a violent career 476
criminal is not eligible for any form of discretionary early 477
release, other than pard on or executive clemency, or conditional 478
medical release granted pursuant to s. 947.149. 479
3. For an offense committed on or after July 1, 1999, a 480
defendant sentenced under this section as a three -time violent 481
felony offender shall be released only by expi ration of sentence 482
and shall not be eligible for parole, control release, or any 483
form of early release. 484
Section 7. Paragraph (b) of subsection (1) and subsection 485
(2) of section 775.0845, Florida Statutes, are amended to read: 486
775.0845 Wearing mask wh ile committing offense; 487
reclassification.—The felony or misdemeanor degree of any 488
criminal offense, other than a violation of ss. 876.12 -876.15, 489
shall be reclassified to the next higher degree as provided in 490
this section if, while committing the offense, t he offender was 491
wearing a hood, mask, or other device that concealed his or her 492
identity. 493
(1) 494
(b) In the case of a misdemeanor of the first degree, the 495
offense is reclassified to a felony of the third degree. For 496
purposes of sentencing under chapter 921 and determining 497
rehabilitation credit incentive gain-time eligibility under 498
chapter 944, such offense is ranked in level 2 of the offense 499
severity ranking chart. 500
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(2)(a) In the case of a felony of the third degree, the 501
offense is reclassified to a felony of the second degree. 502
(b) In the case of a felony of the second degree, the 503
offense is reclassified to a felony of the first degree. 504
505
For purposes of sentencing under chapter 921 and determining 506
rehabilitation credit incentive gain-time eligibility under 507
chapter 944, a felony offense that is reclassified under this 508
subsection is ranked one level above the ranking under former s. 509
921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the 510
offense committed. 511
Section 8. Subsection (3) of section 775.0847, Florida 512
Statutes, is amended, and subsection (2) of that section is 513
republished, to read: 514
775.0847 Possession or promotion of certain images of 515
child pornography; reclassification. — 516
(2) A violation of s. 827.071, s. 847.0135, s . 847.0137, 517
or s. 847.0138 shall be reclassified to the next higher degree 518
as provided in subsection (3) if: 519
(a) The offender possesses 10 or more images of any form 520
of child pornography regardless of content; and 521
(b) The content of at least one image contains one or more 522
of the following: 523
1. A child who is younger than the age of 5. 524
2. Sadomasochistic abuse involving a child. 525
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3. Sexual battery involving a child. 526
4. Sexual bestiality involving a child. 527
5. Any motion picture, film, video, or co mputer-generated 528
motion picture, film, or video involving a child, regardless of 529
length and regardless of whether the motion picture, film, 530
video, or computer-generated motion picture, film, or video 531
contains sound. 532
(3)(a) In the case of a felony of the third degree, the 533
offense is reclassified to a felony of the second degree. 534
(b) In the case of a felony of the second degree, the 535
offense is reclassified to a felony of the first degree. 536
537
For purposes of sentencing under chapter 921 and determining 538
rehabilitation credit incentive gain-time eligibility under 539
chapter 944, a felony offense that is reclassified under this 540
section is ranked one level above the ranking under s. 921.0022 541
or s. 921.0023 of the offense committed. 542
Section 9. Subsection (3) of s ection 775.0861, Florida 543
Statutes, is amended to read: 544
775.0861 Offenses against persons on the grounds of 545
religious institutions; reclassification. — 546
(3)(a) In the case of a misdemeanor of the second degree, 547
the offense is reclassified to a misdemeanor of the first 548
degree. 549
(b) In the case of a misdemeanor of the first degree, the 550
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offense is reclassified to a felony of the third degree. For 551
purposes of sentencing under chapter 921, such offense is ranked 552
in level 2 of the offense severity ranking chart . 553
(c) In the case of a felony of the third degree, the 554
offense is reclassified to a felony of the second degree. 555
(d) In the case of a felony of the second degree, the 556
offense is reclassified to a felony of the first degree. 557
(e) In the case of a felon y of the first degree, the 558
offense is reclassified to a life felony. 559
560
For purposes of sentencing under chapter 921 and determining 561
rehabilitation credit incentive gain-time eligibility under 562
chapter 944, a felony offense that is reclassified under this 563
subsection is ranked one level above the ranking under s. 564
921.0022 or s. 921.0023 of the offense committed. 565
Section 10. Subsection (3) of section 775.0862, Florida 566
Statutes, is amended to read: 567
775.0862 Sexual offenses against students by authority 568
figures; reclassification. — 569
(3)(a) In the case of a felony of the third degree, the 570
offense is reclassified to a felony of the second degree. 571
(b) In the case of a felony of the second degree, the 572
offense is reclassified to a felony of the first degree. 573
(c) In the case of a felony of the first degree, the 574
offense is reclassified to a life felony. 575
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576
For purposes of sentencing under chapter 921 and determining 577
rehabilitation credit incentive gain-time eligibility under 578
chapter 944, a felony offense that is reclassified under this 579
subsection is ranked one level above the ranking under s. 580
921.0022 or s. 921.0023 of the offense committed. 581
Section 11. Subsection (1) and paragraph (b) of subsection 582
(2) of section 775.087, Florida Statutes, are amended to read : 583
775.087 Possession or use of weapon; aggravated battery; 584
felony reclassification; minimum sentence. — 585
(1) Unless otherwise provided by law, whenever a person is 586
charged with a felony, except a felony in which the use of a 587
weapon or firearm is an essen tial element, and during the 588
commission of such felony the defendant carries, displays, uses, 589
threatens to use, or attempts to use any weapon or firearm, or 590
during the commission of such felony the defendant commits an 591
aggravated battery, the felony for wh ich the person is charged 592
shall be reclassified as follows: 593
(a) In the case of a felony of the first degree, to a life 594
felony. 595
(b) In the case of a felony of the second degree, to a 596
felony of the first degree. 597
(c) In the case of a felony of the third degree, to a 598
felony of the second degree. 599
600
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For purposes of sentencing under chapter 921 and determining 601
rehabilitation credit incentive gain-time eligibility under 602
chapter 944, a felony offense which is reclassified under this 603
section is ranked one level above the ranking under s. 921.0022 604
or s. 921.0023 of the felony offense committed. 605
(2) 606
(b) Subparagraph (a)1., subparagraph (a)2., or 607
subparagraph (a)3. does not prevent a court from imposing a 608
longer sentence of incarceration as authorized by law in 609
addition to the minimum mandatory sentence, or from imposing a 610
sentence of death pursuant to other applicable law. Subparagraph 611
(a)1., subparagraph (a)2., or subparagraph (a)3. does not 612
authorize a court to impose a lesser sentence than otherwise 613
required by law. 614
615
Notwithstanding s. 948.01, adjudication of guilt or imposition 616
of sentence shall not be suspended, deferred, or withheld, and 617
the defendant is not eligible for statutory gain -time or credits 618
under s. 944.275 or any form of discretionary early release, 619
other than pardon or executive clemency, or conditional medical 620
release under s. 947.149, before prior to serving the minimum 621
sentence. 622
Section 12. Subsection (2) of section 775.0875, Florida 623
Statutes, is amended to read: 624
775.0875 Unlawful taking, possession, or use of law 625
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enforcement officer's firearm; crime reclassification; 626
penalties.— 627
(2) If a person violates subsection (1) and commi ts any 628
other crime involving the firearm taken from the law enforcement 629
officer, such crime shall be reclassified as follows: 630
(a)1. In the case of a felony of the first degree, to a 631
life felony. 632
2. In the case of a felony of the second degree, to a 633
felony of the first degree. 634
3. In the case of a felony of the third degree, to a 635
felony of the second degree. 636
637
For purposes of sentencing under chapter 921 and determining 638
rehabilitation credit incentive gain-time eligibility under 639
chapter 944, a felony off ense that is reclassified under this 640
paragraph is ranked one level above the ranking under s. 641
921.0022 or s. 921.0023 of the felony offense committed. 642
(b) In the case of a misdemeanor, to a felony of the third 643
degree. For purposes of sentencing under cha pter 921 and 644
determining rehabilitation credit incentive gain-time 645
eligibility under chapter 944, such offense is ranked in level 2 646
of the offense severity ranking chart. 647
Section 13. Subsection (3) of section 777.03, Florida 648
Statutes, is amended to rea d: 649
777.03 Accessory after the fact. — 650
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(3) Except as otherwise provided in s. 921.0022, for 651
purposes of sentencing under chapter 921 and determining 652
rehabilitation credit incentive gain-time eligibility under 653
chapter 944, the offense of accessory after t he fact is ranked 654
two levels below the ranking under s. 921.0022 or s. 921.0023 of 655
the felony offense committed. 656
Section 14. Paragraph (a) of subsection (4) of section 657
777.04, Florida Statutes, is amended to read: 658
777.04 Attempts, solicitation, and conspiracy.— 659
(4)(a) Except as otherwise provided in ss. 104.091(2), 660
379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, 661
the offense of criminal attempt, criminal solicitation, or 662
criminal conspiracy is ranked for purposes of sentencing under 663
chapter 921 and determining rehabilitation credit incentive 664
gain-time eligibility under chapter 944 one level below the 665
ranking under s. 921.0022 or s. 921.0023 of the offense 666
attempted, solicited, or conspired to. If the criminal attempt, 667
criminal solicitation, or crimin al conspiracy is of an offense 668
ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, 669
such offense is a misdemeanor of the first degree, punishable as 670
provided in s. 775.082 or s. 775.083. 671
Section 15. Subsection (3) of section 784.07, Florida 672
Statutes, is amended to read: 673
784.07 Assault or battery of law enforcement officers, 674
firefighters, emergency medical care providers, public transit 675
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employees or agents, or other specified officers; 676
reclassification of offenses; minimum sentences. — 677
(3) Any person who is convicted of a battery under 678
paragraph (2)(b) and, during the commission of the offense, such 679
person possessed: 680
(a) A "firearm" or "destructive device" as those terms are 681
defined in s. 790.001, shall be sentenced to a minimum term of 682
imprisonment of 3 years. 683
(b) A semiautomatic firearm and its high -capacity 684
detachable box magazine, as defined in s. 775.087(3), or a 685
machine gun as defined in s. 790.001, shall be sentenced to a 686
minimum term of imprisonment of 8 years. 687
688
Notwithstanding s. 948.01, adjudication of guilt or imposition 689
of sentence shall not be suspended, deferred, or withheld, and 690
the defendant is not eligible for statutory gain -time or credits 691
under s. 944.275 or any form of discretionary early release, 692
other than pardon or ex ecutive clemency, or conditional medical 693
release under s. 947.149, before prior to serving the minimum 694
sentence. 695
Section 16. Subsection (7) of section 794.011, Florida 696
Statutes, is amended to read: 697
794.011 Sexual battery. — 698
(7) A person who is convi cted of committing a sexual 699
battery on or after October 1, 1992, is not eligible for basic 700
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gain-time or credits under s. 944.275. This subsection may be 701
cited as the "Junny Rios -Martinez, Jr. Act of 1992." 702
Section 17. Subsection (7) of section 794.0115 , Florida 703
Statutes, is amended to read: 704
794.0115 Dangerous sexual felony offender; mandatory 705
sentencing.— 706
(7) A defendant sentenced to a mandatory minimum term of 707
imprisonment under this section is not eligible for statutory 708
gain-time or credits under s. 944.275 or any form of 709
discretionary early release, other than pardon or executive 710
clemency, or conditional medical release under s. 947.149, 711
before serving the minimum sentence. 712
Section 18. Subsection (2) of section 794.023, Florida 713
Statutes, is amended to read: 714
794.023 Sexual battery by multiple perpetrators; 715
reclassification of offenses. — 716
(2) A violation of s. 794.011 shall be reclassified as 717
provided in this subsection if it is charged and proven by the 718
prosecution that, during the same crimi nal transaction or 719
episode, more than one person committed an act of sexual battery 720
on the same victim. 721
(a) A felony of the second degree is reclassified to a 722
felony of the first degree. 723
(b) A felony of the first degree is reclassified to a life 724
felony. 725
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726
This subsection does not apply to life felonies or capital 727
felonies. For purposes of sentencing under chapter 921 and 728
determining rehabilitation credit incentive gain-time 729
eligibility under chapter 944, a felony offense that is 730
reclassified under this s ubsection is ranked one level above the 731
ranking under s. 921.0022 or s. 921.0023 of the offense 732
committed. 733
Section 19. Subsection (4) of section 812.081, Florida 734
Statutes, is amended to read: 735
812.081 Theft of or trafficking in trade secrets; 736
definitions; penalties; providing to foreign entities; 737
restitution.— 738
(4) Whenever a person is charged with a violation of this 739
section which was committed with the intent to benefit a foreign 740
government, a foreign agent, or a foreign instrumentality, the 741
offense for which the person is charged shall be reclassified as 742
follows: 743
(a) In the case of theft of a trade secret, from a felony 744
of the third degree to a felony of the second degree. 745
(b) In the case of trafficking in trade secrets, from a 746
felony of the second degree to a felony of the first degree. 747
748
For purposes of sentencing under chapter 921 and determining 749
incentive gain-time or credit eligibility under chapter 944, a 750
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felony offense that is reclassified under this subsection is 751
ranked one level above the ranking under s. 921.0022 of the 752
offense committed. 753
Section 20. Subsection (5) of section 817.568, Florida 754
Statutes, is amended to read: 755
817.568 Criminal use of personal identification 756
information.— 757
(5) If an offense prohibited under this section was 758
facilitated or furthered by the use of a public record, as 759
defined in s. 119.011, the offense is reclassified to the next 760
higher degree as follows: 761
(a) A misdemeanor of the first degree is reclassified as a 762
felony of the third degree. 763
(b) A felony of the third degree is reclassified as a 764
felony of the second degree. 765
(c) A felony of the second degree is reclassified as a 766
felony of the first degree. 767
768
For purposes of sentencing under chapter 921 and rehabilitation 769
credit incentive gain-time eligibility under chapter 944, a 770
felony offense that is reclassified under this subsection is 771
ranked one level above the ranking under s. 921.0022 of the 772
felony offense committed, and a misdemeanor offense that is 773
reclassified under this subsection is ranked in lev el 2 of the 774
offense severity ranking chart in s. 921.0022. 775
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Section 21. Paragraph (b) of subsection (3) of section 776
831.032, Florida Statutes, is amended to read: 777
831.032 Offenses involving forging or counterfeiting 778
private labels.— 779
(3) 780
(b) For any person who, having previously been convicted 781
for an offense under this section, is subsequently convicted for 782
another offense under this section, such subsequent offense 783
shall be reclassified as follows: 784
1. In the case of a felony of the second degree, t o a 785
felony of the first degree. 786
2. In the case of a felony of the third degree, to a 787
felony of the second degree. 788
3. In the case of a misdemeanor of the first degree, to a 789
felony of the third degree. For purposes of sentencing under 790
chapter 921 and determining rehabilitation credit incentive 791
gain-time eligibility under chapter 944, such offense is ranked 792
in level 4 of the offense severity ranking chart. 793
794
For purposes of sentencing under chapter 921 and determining 795
rehabilitation credit incentive gain-time eligibility under 796
chapter 944, a felony offense that is reclassified under this 797
paragraph is ranked one level above the ranking under s. 798
921.0022 or s. 921.0023 of the felony offense committed. 799
(c) In lieu of a fine otherwise authorized by law, when 800
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any person has been convicted of an offense under this section, 801
the court may fine the person up to three times the retail value 802
of the goods seized, manufactured, or sold, whichever is 803
greater, and may enter orders awarding court costs and the costs 804
of investigation and prosecution, reasonably incurred. The court 805
shall hold a hearing to determine the amount of the fine 806
authorized by this paragraph. 807
(d) When a person is convicted of an offense under this 808
section, the court, pursuant to s. 775.089, shall or der the 809
person to pay restitution to the trademark owner and any other 810
victim of the offense. In determining the value of the property 811
loss to the trademark owner, the court shall include expenses 812
incurred by the trademark owner in the investigation or 813
prosecution of the offense as well as the disgorgement of any 814
profits realized by a person convicted of the offense. 815
Section 22. Subsection (2) of section 843.22, Florida 816
Statutes, is amended to read: 817
843.22 Traveling across county lines with intent to commit 818
a burglary.— 819
(2) If a person who commits a burglary travels any 820
distance with the intent to commit the burglary in a county in 821
this state other than the person's county of residence, the 822
degree of the burglary shall be reclassified to the next hig her 823
degree. For purposes of sentencing under chapter 921 and 824
determining rehabilitation credit incentive gain-time 825
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eligibility under chapter 944, a burglary that is reclassified 826
under this section is ranked one level above the ranking 827
specified in s. 921.0 022 or s. 921.0023 for the burglary 828
committed. 829
Section 23. Paragraph (b) of subsection (1) and subsection 830
(2) of section 874.04, Florida Statutes, are amended to read: 831
874.04 Gang-related offenses; enhanced penalties. —Upon a 832
finding by the factfinder that the defendant committed the 833
charged offense for the purpose of benefiting, promoting, or 834
furthering the interests of a criminal gang, the penalty for any 835
felony or misdemeanor, or any delinquent act or violation of law 836
which would be a felony or misd emeanor if committed by an adult, 837
may be enhanced. Penalty enhancement affects the applicable 838
statutory maximum penalty only. Each of the findings required as 839
a basis for such sentence shall be found beyond a reasonable 840
doubt. The enhancement will be as fo llows: 841
(1) 842
(b) A misdemeanor of the first degree may be punished as 843
if it were a felony of the third degree. For purposes of 844
sentencing under chapter 921 and determining rehabilitation 845
credit incentive gain-time eligibility under chapter 944, such 846
offense is ranked in level 1 of the offense severity ranking 847
chart. The criminal gang multiplier in s. 921.0024 does not 848
apply to misdemeanors enhanced under this paragraph. 849
(2)(a) A felony of the third degree may be punished as if 850
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it were a felony of the sec ond degree. 851
(b) A felony of the second degree may be punished as if it 852
were a felony of the first degree. 853
(c) A felony of the first degree may be punished as if it 854
were a life felony. 855
856
For purposes of sentencing under chapter 921 and determining 857
rehabilitation credit incentive gain-time eligibility under 858
chapter 944, such felony offense is ranked as provided in s. 859
921.0022 or s. 921.0023, and without regard to the penalty 860
enhancement in this subsection. 861
Section 24. Section 944.281, Florida Sta tutes, is amended 862
to read: 863
944.281 Ineligibility to earn gain -time due to 864
disciplinary action. —The department may declare that a prisoner 865
who commits a violation of any law of the state or rule or 866
regulation of the department or institution on or after J anuary 867
1, 1996, and who is found guilty pursuant to s. 944.28(2), shall 868
not be eligible to earn rehabilitation credits incentive gain-869
time for up to 6 months following the month in which the 870
violation occurred. The department shall adopt rules to 871
administer the provisions of this section. 872
Section 25. Subsection (1) of section 944.473, Florida 873
Statutes, is amended to read: 874
944.473 Inmate substance abuse testing program. — 875
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(1) RULES AND PROCEDURES. —The department shall establish 876
programs for random and reasonable suspicion drug and alcohol 877
testing by urinalysis or other noninvasive procedure for inmates 878
to effectively identify those inmates abusing drugs, alcohol, or 879
both. The department shall also adopt rules relating to fair, 880
economical, and accurate operations and procedures of a random 881
inmate substance abuse testing program and a reasonable 882
suspicion substance abuse testing program by urinalysis or other 883
noninvasive procedure which enumerate penalties for positive 884
test results, including but not limi ted to the forfeiture of 885
both basic and rehabilitation credits incentive gain-time, and 886
which do not limit the number of times an inmate may be tested 887
in any one fiscal or calendar year. 888
Section 26. Paragraph (b) of subsection (1) of section 889
944.70, Florida Statutes, is amended to read: 890
944.70 Conditions for release from incarceration. — 891
(1) 892
(b) A person who is convicted of a crime committed on or 893
after January 1, 1994, may be released from incarceration only: 894
1. Upon expiration of the person's se ntence; 895
2. Upon expiration of the person's sentence as reduced by 896
accumulated outstanding deed meritorious or rehabilitation 897
credit incentive gain-time; 898
3. As directed by an executive order granting clemency; 899
4. Upon placement in a conditional releas e program 900
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pursuant to s. 947.1405 or a conditional medical release program 901
pursuant to s. 947.149; or 902
5. Upon the granting of control release, including 903
emergency control release, pursuant to s. 947.146. 904
Section 27. Paragraphs (i) and (j) of subsecti on (3) of 905
section 944.801, Florida Statutes, are amended to read: 906
944.801 Education for state prisoners. — 907
(3) The responsibilities of the Correctional Education 908
Program shall be to: 909
(i) Ensure that every inmate who has 2 years or more 910
remaining to serve on his or her sentence at the time that he or 911
she is received at an institution and who lacks basic and 912
functional literacy skills as defined in s. 1004.02 attends not 913
fewer than 150 hours of sequential instruction in a correctional 914
adult basic education program. The basic and functional literacy 915
level of an inmate shall be determined by the average composite 916
test score obtained on a test approved for this purpose by the 917
State Board of Education. 918
1. Upon completion of the 150 hours of instruction, the 919
inmate shall be retested and, if a composite test score of 920
functional literacy is not attained, the department is 921
authorized to require the inmate to remain in the instructional 922
program. 923
2. Highest priority of inmate participation shall be 924
focused on youthful offenders and those inmates nearing release 925
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from the correctional system. 926
3. An inmate shall be required to attend the 150 hours of 927
adult basic education instruction unless such inmate: 928
a. Is serving a life sentence or is under sentence of 929
death. 930
b. Is specifically exempted for security or health 931
reasons. 932
c. Is housed at a community correctional center, road 933
prison, work camp, or vocational center. 934
d. Attains a functional literacy level after attendance in 935
fewer than 150 hours of adult basi c education instruction. 936
e. Is unable to enter such instruction because of 937
insufficient facilities, staff, or classroom capacity. 938
4. The department of Corrections shall provide classes to 939
accommodate those inmates assigned to correctional or public 940
work programs after normal working hours. The department shall 941
develop a plan to provide academic and vocational classes on a 942
more frequent basis and at times that accommodate the increasing 943
number of inmates with work assignments, to the extent that 944
resources permit. 945
5. If an inmate attends and actively participates in the 946
150 hours of instruction, the department of Corrections may 947
grant a one-time award of up to 6 additional days of 948
rehabilitation credit incentive gain-time, which must be 949
credited and applied as provided by law. Active participation 950
HB 115 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0115-00
Page 39 of 39
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
means, at a minimum, that the inmate is attentive, responsive, 951
cooperative, and completes assigned work. 952
(j) Recommend the award of additional rehabilitation 953
credit incentive gain-time for inmates who receive a high school 954
equivalency diploma or a vocational certificate. 955
Section 28. Subsection (15) of section 947.005, Florida 956
Statutes, is amended to read: 957
947.005 Definitions. —As used in this chapter, unless the 958
context clearly indicates otherwise: 959
(15) "Tentative release date" means the date projected for 960
the prisoner's release from custody by virtue of gain -time and 961
credits granted or forfeited pursuant to s. 944.275(3)(a). 962
Section 29. This act shall take effect July 1, 2023. 963