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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 to 4
rehabilitate the offender to transition back to the 5
community successfully is one of the primary purposes 6
of sentencing; reducing the minimum sentence that must 7
be served by a defendant from 85 percent of the 8
sentence to 65 percent; amending s. 944.275, F. S.; 9
revising provisions concerning gain -time to provide 10
for outstanding deed gain -time, good behavior time, 11
and rehabilitation credits; providing requirements for 12
such gain-time and credits; providing for amounts to 13
be awarded; revising limits on the award of gain-time; 14
reducing the minimum sentence that must be served by a 15
defendant from 85 percent of the sentence to 65 16
percent; amending ss. 316.027, 316.1935, 381.004, 17
775.084, 775.0845, 775.0847, 775.0861, 775.0862, 18
775.087, 775.0875, 777.03, 777.04, 784. 07, 794.011, 19
794.0115, 794.023, 812.081, 817.568, 831.032, 843.22, 20
874.04, 944.281, 944.473, 944.70, 944.801, and 21
947.005, F.S.; conforming provisions to changes made 22
by the act; providing an effective date. 23
24
Be It Enacted by the Legislature of the Sta te of Florida: 25
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26
Section 1. Subsection (1) of section 921.002, Florida 27
Statutes, is amended to read: 28
921.002 The Criminal Punishment Code. —The Criminal 29
Punishment Code shall apply to all felony offenses, except 30
capital felonies, committed on or after October 1, 1998. 31
(1) The provision of criminal penalties and of limitations 32
upon the application of such penalties is a matter of 33
predominantly substantive law and, as such, is a matter properly 34
addressed by the Legislature. The Legislature, in the exerc ise 35
of its authority and responsibility to establish sentencing 36
criteria, to provide for the imposition of criminal penalties, 37
and to make the best use of state prisons so that violent 38
criminal offenders are appropriately punished and rehabilitated 39
incarcerated, has determined that it is in the best interest of 40
the state to develop, implement, and revise a sentencing policy. 41
The Criminal Punishment Code embodies the principles that: 42
(a) Sentencing is neutral with respect to race, gender, 43
and social and economic status. 44
(b) The dual purposes primary purpose of sentencing in the 45
criminal justice system are is to punish the offender and 46
rehabilitate the offender to transition back to the community 47
successfully. Rehabilitation is a desired goal of the crimin al 48
justice system but is subordinate to the goal of punishment. 49
(c) The penalty imposed is commensurate with the severity 50
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of the primary offense and the circumstances surrounding the 51
primary offense. 52
(d) The severity of the sentence increases with the length 53
and nature of the offender's prior record. 54
(e) The sentence imposed by the sentencing judge reflects 55
the length of actual time to be served, shortened only by the 56
application of outstanding deed incentive and meritorious gain-57
time, good behavior time, and rehabilitation credits as provided 58
by law, and may not be shortened if the defendant would 59
consequently serve less than 65 85 percent of his or her term of 60
imprisonment as provided in s. 944.275(4). The provisions of 61
chapter 947, relating to parol e, shall not apply to persons 62
sentenced under the Criminal Punishment Code. 63
(f) Departures below the lowest permissible sentence 64
established by the code must be articulated in writing by the 65
trial court judge and made only when circumstances or factors 66
reasonably justify the mitigation of the sentence. The level of 67
proof necessary to establish facts that support a departure from 68
the lowest permissible sentence is a preponderance of the 69
evidence. 70
(g) The trial court judge may impose a sentence up to and 71
including the statutory maximum for any offense, including an 72
offense that is before the court due to a violation of probation 73
or community control. 74
(h) A sentence may be appealed on the basis that it 75
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departs from the Criminal Punishment Code only if the sentence 76
is below the lowest permissible sentence or as enumerated in s. 77
924.06(1). 78
(i) Use of incarcerative sanctions is prioritized toward 79
offenders convicted of serious offenses and certain offenders 80
who have long prior records, in order to maximize the finite 81
capacities of state and local correctional facilities. 82
Section 2. Section 944.275, Florida Statutes, is amended 83
to read: 84
944.275 Outstanding deed gain-time, good behavior time, 85
and rehabilitation credits .— 86
(1) The department is authorized to grant deductions from 87
sentences in the form of outstanding deed gain-time, good 88
behavior time, and rehabilitation credits in order to encourage 89
satisfactory prisoner behavior, to provide incentive for 90
prisoners to participate in productive activities, and to reward 91
prisoners who perform outstanding deeds or services. 92
(2)(a) The department shall establish for each prisoner 93
sentenced to a term of years a "maximum sentence expiration 94
date," which shall be the date when th e sentence or combined 95
sentences imposed on a prisoner will expire. In establishing 96
this date, the department shall reduce the total time to be 97
served by any time lawfully credited. 98
(b) When a prisoner with an established maximum sentence 99
expiration date is sentenced to an additional term or terms 100
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without having been released from custody, the department shall 101
extend the maximum sentence expiration date by the length of 102
time imposed in the new sentence or sentences, less lawful 103
credits. 104
(c) When an escaped prisoner or a parole violator is 105
returned to the custody of the department, the maximum sentence 106
expiration date in effect when the escape occurred or the parole 107
was effective shall be extended by the amount of time the 108
prisoner was not in custody plus the time imposed in any new 109
sentence or sentences, but reduced by any lawful credits. 110
(3)(a) The department shall also establish for each 111
prisoner sentenced to a term of years a "tentative release date" 112
which shall be the date projected for the prisoner 's release 113
from custody by virtue of outstanding deed gain-time, good 114
behavior time, or rehabilitation credits granted or forfeited as 115
described in this section. The initial tentative release date 116
shall be determined by deducting outstanding deed basic gain-117
time, good behavior time, or rehabilitation credits granted from 118
the maximum sentence expiration date. Outstanding deed Other 119
gain-time, good behavior time, and rehabilitation credits shall 120
be applied when granted or restored to make the tentative 121
release date proportionately earlier; and forfeitures of good 122
behavior time gain-time, when ordered, shall be applied to make 123
the tentative release date proportionately later. 124
(b) When an initial tentative release date is 125
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reestablished because of additional se ntences imposed before the 126
prisoner has completely served all prior sentences, any 127
outstanding deed gain-time, good behavior time, or 128
rehabilitation credits granted during service of a prior 129
sentence and not forfeited shall be applied. 130
(c) The tentative release date may not be later than the 131
maximum sentence expiration date. 132
(4)(a) As a means of encouraging satisfactory behavior and 133
developing character traits necessary for successful reentry , 134
the department shall grant good behavior time basic gain-time at 135
the rate of 10 days for each month of each sentence imposed on a 136
prisoner, subject to the following: 137
1. Portions of any sentences to be served concurrently 138
shall be treated as a single sentence when determining good 139
behavior time basic gain-time. 140
2. Good behavior time Basic gain-time for a partial month 141
shall be prorated on the basis of a 30 -day month. 142
3. When a prisoner receives a new maximum sentence 143
expiration date because of additional sentences imposed, good 144
behavior time basic gain-time shall be granted for the amount of 145
time the maximum sentence expiration date was extended. 146
(b) For each month in which an inmate works diligently, 147
participates in training or education, uses time constructively, 148
or otherwise engages in positive activities, the department may 149
grant rehabilitation credits incentive gain-time in accordance 150
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with this paragraph. The rate of rehabilitation credits 151
incentive gain-time in effect on the date the inmate committed 152
the offense which resulted in his or her incarceration shall be 153
the inmate's rate of eligibility to earn rehabilitation credits 154
incentive gain-time throughout the period of incarceration and 155
shall not be altered by a subsequent change in the severity 156
level of the offense for which the inmate was sentenced. 157
1. For sentences imposed for offenses committed before 158
prior to January 1, 1994, and after October 1, 1995, up to 20 159
days of rehabilitation credits incentive gain-time may be 160
granted. If granted, such rehabilitation credits gain-time shall 161
be credited and applied monthly. 162
2. For sentences imposed for offenses committed on or 163
after January 1, 1994, and before October 1, 1995: 164
a. For offenses ranked in offense severity levels 1 165
through 7, under former s. 921.0012 or former s. 921.0013, up to 166
25 days of rehabilitation credits incentive gain-time may be 167
granted. If granted, such rehabilitation credits gain-time shall 168
be credited and applied monthly. 169
b. For offenses ranked in offense severity levels 8, 9, 170
and 10, under former s. 921.0012 or former s. 921.001 3, up to 20 171
days of incentive gain -time may be granted. If granted, such 172
gain-time shall be credited and applied monthly. 173
3. For sentences imposed for offenses committed on or 174
after October 1, 1995, the department may grant up to 10 days 175
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per month of incentive gain-time. 176
(c) An inmate who performs some outstanding deed, such as 177
saving a life or assisting in recapturing an escaped inmate, or 178
who in some manner performs an outstanding service that would 179
merit the granting of additional deductions from the term of his 180
or her sentence may be granted outstanding deed meritorious 181
gain-time of from 30 1 to 60 days per outstanding deed 182
performed. 183
(d) Notwithstanding the monthly maximum awards of 184
rehabilitation credits incentive gain-time under subparagraphs 185
(b)1. and, 2., and 3., the education program manager shall 186
recommend, and the Department of Corrections shall may grant 187
awards, a one-time award of 60 additional days of rehabilitation 188
credits for successful completion of each of the following: 189
incentive gain-time to an inmate who is otherwise eligible and 190
who successfully completes requirements for and is, or has been 191
during the current commitment, awarded a high school equivalency 192
diploma, college degree, or vocational certificate , drug 193
treatment program, mental health treatment program, life skills 194
program, behavioral modification program, reentry program, or 195
equivalent rehabilitative program. Additionally, the department 196
shall grant 5 additional days of rehabilitation credits for 197
successful completion o f any other department -approved program, 198
including inmate-developed programs, or a passing grade in each 199
online or in-person educational course. Rehabilitation credits 200
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awarded under this paragraph shall be retroactive . Under no 201
circumstances may an inmate receive more than 60 days for 202
educational attainment pursuant to this section. 203
(e) Notwithstanding the monthly maximum awards of 204
rehabilitation credits under subparagraphs (b)1. and 2., the 205
department may grant 2 additional days per month of good 206
behavior time to prisoners serving sentences for violations of 207
ss. 893.13 and 893.135, and such days granted shall be 208
retroactive. 209
(f)1.(e)1. Notwithstanding subparagraph (b)1. (b)3., for 210
sentences imposed for offenses committed on or after October 1, 211
2014, and before July 1, 2023, the department may not grant 212
rehabilitation credits incentive gain-time if the offense is a 213
violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 214
787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 215
800.04; s. 825.1025; or s. 847.0135(5). 216
2. Notwithstanding subparagraph (b)1. (b)3., for sentences 217
imposed for offenses committed on or after July 1, 2023, the 218
department may not grant rehabilitation credits incentive gain-219
time if the offense is for committing or attempt ing, soliciting, 220
or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s. 221
787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 222
excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 223
847.0135(5). 224
(g)1.(f) An inmate who is subject to this subsection 225
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subparagraph (b)3. is not eligible to earn or receive 226
outstanding deed gain-time or good behavior time under paragraph 227
(a), paragraph (b), paragraph (c), or paragraph (d) or any other 228
type of gain-time in an amount that would cause a sentence to 229
expire, end, or terminate, or that would result in a prisoner's 230
release, before prior to serving a minimum of 85 percent of the 231
sentence imposed. For purposes of this paragraph, credits 232
awarded by the court for time physically incarcerated shall be 233
credited toward satisfaction of 85 percent of the sentence 234
imposed. 235
2. A prisoner who is subject to this subsection may not 236
accumulate rehabilitation credits as described in paragraph (d) 237
in an amount that would allow a sentence to expire, end, or 238
terminate, or that would result in a prisoner's release, before 239
serving a minimum of 65 percent of the sentence imposed. 240
3. Except as provided by this section, a prisoner may not 241
accumulate further gain-time awards at any point when the 242
tentative release date is the sam e as that date at which the 243
prisoner will have served 65 85 percent of the sentence imposed. 244
State prisoners sentenced to life imprisonment shall be 245
incarcerated for the rest of their natural lives, unless granted 246
pardon or clemency. 247
(5) When a prisoner is found guilty of an infraction of 248
the laws of this state or the rules of the department, good 249
behavior time not yet vested gain-time may be forfeited 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
according to law after due process. For purposes of this 251
subsection, good behavior time is deemed vested 2 years after 252
being granted. 253
(6)(a) Good behavior time Basic gain-time under this 254
section shall be computed on and applied to all sentences 255
imposed for offenses committed on or after July 1, 1978, and 256
before January 1, 1994. 257
(b) All outstanding deed incentive and meritorious gain-258
time, good behavior time, and rehabilitation credits are is 259
granted according to this section. 260
(c) All additional gain -time previously awarded under 261
former subsections (2) and (3) and all forfeitures ordered prior 262
to the effective date of the act that created this section shall 263
remain in effect and be applied in establishing an initial 264
tentative release date. 265
(7) The department shall adopt rules to implement the 266
granting, forfeiture, restoration, and deletion of outstanding 267
deed gain-time, good behavior time, and rehabilitation credits . 268
Section 3. Paragraph (f) of subsection (2) of section 269
316.027, Florida Statutes, is amended to read: 270
316.027 Crash involving death or personal injuries. — 271
(2) 272
(f) For purposes of sen tencing under chapter 921 and 273
determining rehabilitation credit incentive gain-time 274
eligibility under chapter 944, an offense listed in this 275
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subsection is ranked one level above the ranking specified in s. 276
921.0022 or s. 921.0023 for the offense committed if the victim 277
of the offense was a vulnerable road user. 278
Section 4. Subsection (6) of section 316.1935, Florida 279
Statutes, is amended to read: 280
316.1935 Fleeing or attempting to elude a law enforcement 281
officer; aggravated fleeing or eluding. — 282
(6) Notwithstanding s. 948.01, no court may suspend, 283
defer, or withhold adjudication of guilt or imposition of 284
sentence for any violation of this section. A person convicted 285
and sentenced to a mandatory minimum term of incarceration under 286
paragraph (3)(b) or para graph (4)(b) is not eligible for 287
statutory gain-time or credits under s. 944.275 or any form of 288
discretionary early release, other than pardon or executive 289
clemency or conditional medical release under s. 947.149, before 290
prior to serving the mandatory mini mum sentence. 291
Section 5. Paragraph (h) of subsection (2) of section 292
381.004, Florida Statutes, is amended to read: 293
381.004 HIV testing. — 294
(2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED 295
CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY. — 296
(h) Paragraph (a) does not apply: 297
1. When testing for sexually transmissible diseases is 298
required by state or federal law, or by rule, including the 299
following situations: 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
a. HIV testing pursuant to s. 796.08 of persons convicted 301
of prostitution or of procuring a nother to commit prostitution. 302
b. HIV testing of inmates pursuant to s. 945.355 before 303
their release from prison by reason of parole, accumulation of 304
gain-time or other credits, or expiration of sentence. 305
c. Testing for HIV by a medical examiner in acc ordance 306
with s. 406.11. 307
d. HIV testing of pregnant women pursuant to s. 384.31. 308
2. To those exceptions provided for blood, plasma, organs, 309
skin, semen, or other human tissue pursuant to s. 381.0041. 310
3. For the performance of an HIV -related test by licensed 311
medical personnel in bona fide medical emergencies if the test 312
results are necessary for medical diagnostic purposes to provide 313
appropriate emergency care or treatment to the person being 314
tested and the patient is unable to consent, as supported by 315
documentation in the medical record. Notification of test 316
results in accordance with paragraph (c) is required. 317
4. For the performance of an HIV -related test by licensed 318
medical personnel for medical diagnosis of acute illness where, 319
in the opinion of th e attending physician, providing 320
notification would be detrimental to the patient, as supported 321
by documentation in the medical record, and the test results are 322
necessary for medical diagnostic purposes to provide appropriate 323
care or treatment to the perso n being tested. Notification of 324
test results in accordance with paragraph (c) is required if it 325
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would not be detrimental to the patient. This subparagraph does 326
not authorize the routine testing of patients for HIV infection 327
without notification. 328
5. If HIV testing is performed as part of an autopsy for 329
which consent was obtained pursuant to s. 872.04. 330
6. For the performance of an HIV test upon a defendant 331
pursuant to the victim's request in a prosecution for any type 332
of sexual battery where a blood sampl e is taken from the 333
defendant voluntarily, pursuant to court order for any purpose, 334
or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however, 335
the results of an HIV test performed shall be disclosed solely 336
to the victim and the defendant, except as pro vided in ss. 337
775.0877, 951.27, and 960.003. 338
7. If an HIV test is mandated by court order. 339
8. For epidemiological research pursuant to s. 381.0031, 340
for research consistent with institutional review boards created 341
by 45 C.F.R. part 46, or for the perform ance of an HIV-related 342
test for the purpose of research, if the testing is performed in 343
a manner by which the identity of the test subject is not known 344
and may not be retrieved by the researcher. 345
9. If human tissue is collected lawfully without the 346
consent of the donor for corneal removal as authorized by s. 347
765.5185 or enucleation of the eyes as authorized by s. 765.519. 348
10. For the performance of an HIV test upon an individual 349
who comes into contact with medical personnel in such a way that 350
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a significant exposure has occurred during the course of 351
employment, within the scope of practice, or during the course 352
of providing emergency medical assistance to the individual. The 353
term "medical personnel" includes a licensed or certified health 354
care professional; an employee of a health care professional or 355
health care facility; employees of a laboratory licensed under 356
chapter 483; personnel of a blood bank or plasma center; a 357
medical student or other student who is receiving training as a 358
health care profession al at a health care facility; and a 359
paramedic or emergency medical technician certified by the 360
department to perform life -support procedures under s. 401.23. 361
a. The occurrence of a significant exposure shall be 362
documented by medical personnel under the s upervision of a 363
licensed physician and recorded only in the personnel record of 364
the medical personnel. 365
b. Costs of an HIV test shall be borne by the medical 366
personnel or the employer of the medical personnel. However, 367
costs of testing or treatment not directly related to the 368
initial HIV tests or costs of subsequent testing or treatment 369
may not be borne by the medical personnel or the employer of the 370
medical personnel. 371
c. In order to use the provisions of this subparagraph, 372
the medical personnel must b e tested for HIV pursuant to this 373
section or provide the results of an HIV test taken within 6 374
months before the significant exposure if such test results are 375
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negative. 376
d. A person who receives the results of an HIV test 377
pursuant to this subparagraph sha ll maintain the confidentiality 378
of the information received and of the persons tested. Such 379
confidential information is exempt from s. 119.07(1). 380
e. If the source of the exposure is not available and will 381
not voluntarily present himself or herself to a h ealth facility 382
to be tested for HIV, the medical personnel or the employer of 383
such person acting on behalf of the employee may seek a court 384
order directing the source of the exposure to submit to HIV 385
testing. A sworn statement by a physician licensed under chapter 386
458 or chapter 459 that a significant exposure has occurred and 387
that, in the physician's medical judgment, testing is medically 388
necessary to determine the course of treatment constitutes 389
probable cause for the issuance of an order by the court. Th e 390
results of the test shall be released to the source of the 391
exposure and to the person who experienced the exposure. 392
11. For the performance of an HIV test upon an individual 393
who comes into contact with nonmedical personnel in such a way 394
that a significant exposure has occurred while the nonmedical 395
personnel provides emergency medical assistance during a medical 396
emergency. For the purposes of this subparagraph, a medical 397
emergency means an emergency medical condition outside of a 398
hospital or health care facility that provides physician care. 399
The test may be performed only during the course of treatment 400
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for the medical emergency. 401
a. The occurrence of a significant exposure shall be 402
documented by medical personnel under the supervision of a 403
licensed physician and recorded in the medical record of the 404
nonmedical personnel. 405
b. Costs of any HIV test shall be borne by the nonmedical 406
personnel or the employer of the nonmedical personnel. However, 407
costs of testing or treatment not directly related to the 408
initial HIV tests or costs of subsequent testing or treatment 409
may not be borne by the nonmedical personnel or the employer of 410
the nonmedical personnel. 411
c. In order to use the provisions of this subparagraph, 412
the nonmedical personnel shall be tested for HIV pu rsuant to 413
this section or shall provide the results of an HIV test taken 414
within 6 months before the significant exposure if such test 415
results are negative. 416
d. A person who receives the results of an HIV test 417
pursuant to this subparagraph shall maintain t he confidentiality 418
of the information received and of the persons tested. Such 419
confidential information is exempt from s. 119.07(1). 420
e. If the source of the exposure is not available and will 421
not voluntarily present himself or herself to a health facilit y 422
to be tested for HIV, the nonmedical personnel or the employer 423
of the nonmedical personnel acting on behalf of the employee may 424
seek a court order directing the source of the exposure to 425
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submit to HIV testing. A sworn statement by a physician licensed 426
under chapter 458 or chapter 459 that a significant exposure has 427
occurred and that, in the physician's medical judgment, testing 428
is medically necessary to determine the course of treatment 429
constitutes probable cause for the issuance of an order by the 430
court. The results of the test shall be released to the source 431
of the exposure and to the person who experienced the exposure. 432
12. For the performance of an HIV test by the medical 433
examiner or attending physician upon an individual who expired 434
or could not be resuscitated while receiving emergency medical 435
assistance or care and who was the source of a significant 436
exposure to medical or nonmedical personnel providing such 437
assistance or care. 438
a. HIV testing may be conducted only after appropriate 439
medical personnel under the supervision of a licensed physician 440
documents in the medical record of the medical personnel or 441
nonmedical personnel that there has been a significant exposure 442
and that, in accordance with the written protocols based on the 443
National Centers for Disease Control and Prevention guidelines 444
on HIV postexposure prophylaxis and in the physician's medical 445
judgment, the information is medically necessary to determine 446
the course of treatment for the medical personnel or nonmedical 447
personnel. 448
b. Costs of an HIV test performed under this subparagraph 449
may not be charged to the deceased or to the family of the 450
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deceased person. 451
c. For this subparagraph to be applicable, the medical 452
personnel or nonmedical personnel must be tested for HIV under 453
this section or must provide the results of an HIV test taken 454
within 6 months before the significant exposure if such test 455
results are negative. 456
d. A person who receives the results of an HIV test 457
pursuant to this subparagraph shall comply with paragraph (e). 458
13. For the performance of an HIV -related test medically 459
indicated by licensed medical personnel for medical diagnosis of 460
a hospitalized infant as necessary to provide appropriate care 461
and treatment of the infant if, after a reasonable attempt, a 462
parent cannot be contacted to provide consent. The medical 463
records of the infant must reflect the reason consent of the 464
parent was not initially obtained. Test results shall be 465
provided to the parent when the parent is located. 466
14. For the performance of HIV testing conducted to 467
monitor the clinical progress of a patient previously diagnosed 468
to be HIV positive. 469
15. For the performance of repeated HIV testing conducted 470
to monitor possible conversion from a significant exposure. 471
Section 6. Paragraph (k) of subsec tion (4) of section 472
775.084, Florida Statutes, is amended to read: 473
775.084 Violent career criminals; habitual felony 474
offenders and habitual violent felony offenders; three -time 475
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violent felony offenders; definitions; procedure; enhanced 476
penalties or mandatory minimum prison terms. — 477
(4) 478
(k)1. A defendant sentenced under this section as a 479
habitual felony offender, a habitual violent felony offender, or 480
a violent career criminal is eligible for rehabilitation credits 481
gain-time granted by the Department of Corrections as provided 482
in s. 944.275(4)(b). 483
2. For an offense committed on or after October 1, 1995, a 484
defendant sentenced under this section as a violent career 485
criminal is not eligible for any form of discretionary early 486
release, other than pardon or executive clemency, or conditional 487
medical release granted pursuant to s. 947.149. 488
3. For an offense committed on or after July 1, 1999, a 489
defendant sentenced under this section as a three -time violent 490
felony offender shall be released only by expiration of sentence 491
and shall not be eligible for parole, control release, or any 492
form of early release. 493
Section 7. Paragraph (b) of subsection (1) and subsection 494
(2) of section 775.0845, Florida Statutes, are amended to read: 495
775.0845 Wearing mask while co mmitting offense; 496
reclassification.—The felony or misdemeanor degree of any 497
criminal offense, other than a violation of ss. 876.12 -876.15, 498
shall be reclassified to the next higher degree as provided in 499
this section if, while committing the offense, the off ender was 500
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wearing a hood, mask, or other device that concealed his or her 501
identity. 502
(1) 503
(b) In the case of a misdemeanor of the first degree, the 504
offense is reclassified to a felony of the third degree. For 505
purposes of sentencing under chapter 921 and d etermining 506
rehabilitation credit incentive gain-time eligibility under 507
chapter 944, such offense is ranked in level 2 of the offense 508
severity ranking chart. 509
(2)(a) In the case of a felony of the third degree, the 510
offense is reclassified to a felony of th e second degree. 511
(b) In the case of a felony of the second degree, the 512
offense is reclassified to a felony of the first degree. 513
514
For purposes of sentencing under chapter 921 and determining 515
rehabilitation credit incentive gain-time eligibility under 516
chapter 944, a felony offense that is reclassified under this 517
subsection is ranked one level above the ranking under former s. 518
921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the 519
offense committed. 520
Section 8. Subsection (3) of section 775.0847, Florida 521
Statutes, is amended, and subsection (2) of that section is 522
republished, to read: 523
775.0847 Possession or promotion of certain images of 524
child pornography; reclassification. — 525
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(2) A violation of s. 827.071, s. 847.0135, s . 847.0137, 526
or s. 847.0138 shall be reclassified to the next higher degree 527
as provided in subsection (3) if: 528
(a) The offender possesses 10 or more images of any form 529
of child pornography regardless of content; and 530
(b) The content of at least one image contains one or more 531
of the following: 532
1. A child who is younger than the age of 5. 533
2. Sadomasochistic abuse involving a child. 534
3. Sexual battery involving a child. 535
4. Sexual bestiality involving a child. 536
5. Any motion picture, film, video, or co mputer-generated 537
motion picture, film, or video involving a child, regardless of 538
length and regardless of whether the motion picture, film, 539
video, or computer-generated motion picture, film, or video 540
contains sound. 541
(3)(a) In the case of a felony of the third degree, the 542
offense is reclassified to a felony of the second degree. 543
(b) In the case of a felony of the second degree, the 544
offense is reclassified to a felony of the first degree. 545
546
For purposes of sentencing under chapter 921 and determining 547
rehabilitation credit incentive gain-time eligibility under 548
chapter 944, a felony offense that is reclassified under this 549
section is ranked one level above the ranking under s. 921.0022 550
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or s. 921.0023 of the offense committed. 551
Section 9. Subsection (3) of s ection 775.0861, Florida 552
Statutes, is amended to read: 553
775.0861 Offenses against persons on the grounds of 554
religious institutions; reclassification. — 555
(3)(a) In the case of a misdemeanor of the second degree, 556
the offense is reclassified to a misdemeanor of the first 557
degree. 558
(b) In the case of a misdemeanor of the first degree, the 559
offense is reclassified to a felony of the third degree. For 560
purposes of sentencing under chapter 921, such offense is ranked 561
in level 2 of the offense severity ranking chart . 562
(c) In the case of a felony of the third degree, the 563
offense is reclassified to a felony of the second degree. 564
(d) In the case of a felony of the second degree, the 565
offense is reclassified to a felony of the first degree. 566
(e) In the case of a felon y of the first degree, the 567
offense is reclassified to a life felony. 568
569
For purposes of sentencing under chapter 921 and determining 570
rehabilitation credit incentive gain-time eligibility under 571
chapter 944, a felony offense that is reclassified under this 572
subsection is ranked one level above the ranking under s. 573
921.0022 or s. 921.0023 of the offense committed. 574
Section 10. Subsection (3) of section 775.0862, Florida 575
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Statutes, is amended to read: 576
775.0862 Sexual offenses against students by authority 577
figures; reclassification. — 578
(3)(a) In the case of a felony of the third degree, the 579
offense is reclassified to a felony of the second degree. 580
(b) In the case of a felony of the second degree, the 581
offense is reclassified to a felony of the first degree. 582
(c) In the case of a felony of the first degree, the 583
offense is reclassified to a life felony. 584
585
For purposes of sentencing under chapter 921 and determining 586
rehabilitation credit incentive gain-time eligibility under 587
chapter 944, a felony offense that is reclassified under this 588
subsection is ranked one level above the ranking under s. 589
921.0022 or s. 921.0023 of the offense committed. 590
Section 11. Subsection (1) and paragraph (b) of subsection 591
(2) of section 775.087, Florida Statutes, are amended to read: 592
775.087 Possession or use of weapon; aggravated battery; 593
felony reclassification; minimum sentence. — 594
(1) Unless otherwise provided by law, whenever a person is 595
charged with a felony, except a f elony in which the use of a 596
weapon or firearm is an essential element, and during the 597
commission of such felony the defendant carries, displays, uses, 598
threatens to use, or attempts to use any weapon or firearm, or 599
during the commission of such felony the d efendant commits an 600
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aggravated battery, the felony for which the person is charged 601
shall be reclassified as follows: 602
(a) In the case of a felony of the first degree, to a life 603
felony. 604
(b) In the case of a felony of the second degree, to a 605
felony of the first degree. 606
(c) In the case of a felony of the third degree, to a 607
felony of the second degree. 608
609
For purposes of sentencing under chapter 921 and determining 610
rehabilitation credit incentive gain-time eligibility under 611
chapter 944, a felony offense whic h is reclassified under this 612
section is ranked one level above the ranking under s. 921.0022 613
or s. 921.0023 of the felony offense committed. 614
(2) 615
(b) Subparagraph (a)1., subparagraph (a)2., or 616
subparagraph (a)3. does not prevent a court from imposing a 617
longer sentence of incarceration as authorized by law in 618
addition to the minimum mandatory sentence, or from imposing a 619
sentence of death pursuant to other applicable law. Subparagraph 620
(a)1., subparagraph (a)2., or subparagraph (a)3. does not 621
authorize a court to impose a lesser sentence than otherwise 622
required by law. 623
Notwithstanding s. 948.01, adjudication of guilt or imposition 624
of sentence shall not be suspended, deferred, or withheld, and 625
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the defendant is not eligible for statutory gain-time or credits 626
under s. 944.275 or any form of discretionary early release, 627
other than pardon or executive clemency, or conditional medical 628
release under s. 947.149, prior to serving the minimum sentence. 629
Section 12. Subsection (2) of section 775.0875, Florida 630
Statutes, is amended to read: 631
775.0875 Unlawful taking, possession, or use of law 632
enforcement officer's firearm; crime reclassification; 633
penalties.— 634
(2) If a person violates subsection (1) and commits any 635
other crime involving the firearm taken from the law e nforcement 636
officer, such crime shall be reclassified as follows: 637
(a)1. In the case of a felony of the first degree, to a 638
life felony. 639
2. In the case of a felony of the second degree, to a 640
felony of the first degree. 641
3. In the case of a felony of the third degree, to a 642
felony of the second degree. 643
644
For purposes of sentencing under chapter 921 and determining 645
rehabilitation credit incentive gain-time eligibility under 646
chapter 944, a felony offense that is reclassified under this 647
paragraph is ranked one level above the ranking under s. 648
921.0022 or s. 921.0023 of the felony offense committed. 649
(b) In the case of a misdemeanor, to a felony of the third 650
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degree. For purposes of sentencing under chapter 921 and 651
determining rehabilitation credit incentive gain-time 652
eligibility under chapter 944, such offense is ranked in level 2 653
of the offense severity ranking chart. 654
Section 13. Subsection (3) of section 777.03, Florida 655
Statutes, is amended to read: 656
777.03 Accessory after the fact. — 657
(3) Except as otherw ise provided in s. 921.0022, for 658
purposes of sentencing under chapter 921 and determining 659
rehabilitation credit incentive gain-time eligibility under 660
chapter 944, the offense of accessory after the fact is ranked 661
two levels below the ranking under s. 921.0 022 or s. 921.0023 of 662
the felony offense committed. 663
Section 14. Paragraph (a) of subsection (4) of section 664
777.04, Florida Statutes, is amended to read: 665
777.04 Attempts, solicitation, and conspiracy. — 666
(4)(a) Except as otherwise provided in ss. 104.091(2), 667
379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, 668
the offense of criminal attempt, criminal solicitation, or 669
criminal conspiracy is ranked for purposes of sentencing under 670
chapter 921 and determining rehabilitation credit incentive 671
gain-time eligibility under chapter 944 one level below the 672
ranking under s. 921.0022 or s. 921.0023 of the offense 673
attempted, solicited, or conspired to. If the criminal attempt, 674
criminal solicitation, or crimin al conspiracy is of an offense 675
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ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, 676
such offense is a misdemeanor of the first degree, punishable as 677
provided in s. 775.082 or s. 775.083. 678
Section 15. Subsection (3) of section 784.07, Florida 679
Statutes, is amended to read: 680
784.07 Assault or battery of law enforcement officers and 681
other specified personnel; reclassification of offenses; minimum 682
sentences.— 683
(3) Any person who is convicted of a battery under 684
paragraph (2)(b) and, during the comm ission of the offense, such 685
person possessed: 686
(a) A "firearm" or "destructive device" as those terms are 687
defined in s. 790.001, shall be sentenced to a minimum term of 688
imprisonment of 3 years. 689
(b) A semiautomatic firearm and its high -capacity 690
detachable box magazine, as defined in s. 775.087(3), or a 691
machine gun as defined in s. 790.001, shall be sentenced to a 692
minimum term of imprisonment of 8 years. 693
694
Notwithstanding s. 948.01, adjudication of guilt or imposition 695
of sentence shall not be suspended, def erred, or withheld, and 696
the defendant is not eligible for statutory gain-time or credits 697
under s. 944.275 or any form of discretionary early release, 698
other than pardon or executive clemency, or conditional medical 699
release under s. 947.149, prior to serving the minimum sentence. 700
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Section 16. Paragraphs (a) and (b) of subsection (7) of 701
section 794.011, Florida Statutes, are amended to read: 702
794.011 Sexual battery. — 703
(7)(a) A person who is convicted of committing a sexual 704
battery on or after October 1, 1 992, is not eligible for basic 705
gain-time or credits under s. 944.275. 706
(b) Notwithstanding paragraph (a), for sentences imposed 707
for offenses committed on or after July 1, 2023, a person who is 708
convicted of committing or attempting, soliciting, or conspiri ng 709
to commit a sexual battery in violation of this section is not 710
eligible for basic gain-time or credits under s. 944.275. 711
Section 17. Subsection (7) of section 794.0115, Florida 712
Statutes, is amended to read: 713
794.0115 Dangerous sexual felony offende r; mandatory 714
sentencing.— 715
(7) A defendant sentenced to a mandatory minimum term of 716
imprisonment under this section is not eligible for statutory 717
gain-time or credits under s. 944.275 or any form of 718
discretionary early release, other than pardon or execut ive 719
clemency, or conditional medical release under s. 947.149, 720
before serving the minimum sentence. 721
Section 18. Subsection (2) of section 794.023, Florida 722
Statutes, is amended to read: 723
794.023 Sexual battery by multiple perpetrators; 724
reclassification of offenses.— 725
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(2) A violation of s. 794.011 shall be reclassified as 726
provided in this subsection if it is charged and proven by the 727
prosecution that, during the same criminal transaction or 728
episode, more than one person committed an act of sexual batter y 729
on the same victim. 730
(a) A felony of the second degree is reclassified to a 731
felony of the first degree. 732
(b) A felony of the first degree is reclassified to a life 733
felony. 734
735
This subsection does not apply to life felonies or capital 736
felonies. For purpos es of sentencing under chapter 921 and 737
determining rehabilitation credit incentive gain-time 738
eligibility under chapter 944, a felony offense that is 739
reclassified under this subsection is ranked one level above the 740
ranking under s. 921.0022 or s. 921.0023 o f the offense 741
committed. 742
Section 19. Subsection (4) of section 812.081, Florida 743
Statutes, is amended to read: 744
812.081 Theft of or trafficking in trade secrets; 745
definitions; penalties; providing to foreign entities; 746
restitution.— 747
(4) Whenever a pers on is charged with a violation of this 748
section which was committed with the intent to benefit a foreign 749
government, a foreign agent, or a foreign instrumentality, the 750
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offense for which the person is charged shall be reclassified as 751
follows: 752
(a) In the case of theft of a trade secret, from a felony 753
of the third degree to a felony of the second degree. 754
(b) In the case of trafficking in trade secrets, from a 755
felony of the second degree to a felony of the first degree. 756
757
For purposes of sentencing under chap ter 921 and determining 758
incentive gain-time or credit eligibility under chapter 944, a 759
felony offense that is reclassified under this subsection is 760
ranked one level above the ranking under s. 921.0022 of the 761
offense committed. 762
Section 20. Subsection (5) of section 817.568, Florida 763
Statutes, is amended to read: 764
817.568 Criminal use of personal identification 765
information.— 766
(5) If an offense prohibited under this section was 767
facilitated or furthered by the use of a public record, as 768
defined in s. 119.011, the offense is reclassified to the next 769
higher degree as follows: 770
(a) A misdemeanor of the first degree is reclassified as a 771
felony of the third degree. 772
(b) A felony of the third degree is reclassified as a 773
felony of the second degree. 774
(c) A felony of the second degree is reclassified as a 775
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felony of the first degree. 776
777
For purposes of sentencing under chapter 921 and rehabilitation 778
credit incentive gain-time eligibility under chapter 944, a 779
felony offense that is reclassified under this subsectio n is 780
ranked one level above the ranking under s. 921.0022 of the 781
felony offense committed, and a misdemeanor offense that is 782
reclassified under this subsection is ranked in level 2 of the 783
offense severity ranking chart in s. 921.0022. 784
Section 21. Subsection (3) of section 831.032, Florida 785
Statutes, is amended to read: 786
831.032 Offenses involving forging or counterfeiting 787
private labels.— 788
(3)(a) Violation of subsection (1) or subsection (2) is a 789
misdemeanor of the first degree, punishable as provided in s. 790
775.082 or s. 775.083, except that: 791
1. A violation of subsection (1) or subsection (2) is a 792
felony of the third degree, punishable as provided in s. 793
775.082, s. 775.083, or s. 775.084, if the offense involves 100 794
or more but less than 1,000 items b earing one or more 795
counterfeit marks or if the goods involved in the offense have a 796
total retail value of more than $2,500, but less than $20,000. 797
2. A violation of subsection (1) or subsection (2) is a 798
felony of the second degree, punishable as provided in s. 799
775.082, s. 775.083, or s. 775.084, if the offense involves 800
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1,000 or more items bearing one or more counterfeit marks or if 801
the goods involved in the offense have a total retail value of 802
$20,000 or more. 803
3. A violation of subsection (1) or subsect ion (2) is a 804
felony of the third degree, punishable as provided in s. 805
775.082, s. 775.083, or s. 775.084 if, during the commission or 806
as a result of the commission of the offense, the person 807
engaging in the offense knowingly or by culpable negligence 808
causes or allows to be caused bodily injury to another. 809
4. A violation of subsection (1) or subsection (2) is a 810
felony of the second degree, punishable as provided in s. 811
775.082, s. 775.083, or s. 775.084 if, during the commission or 812
as a result of the commis sion of the offense, the person 813
engaging in the offense knowingly or by culpable negligence 814
causes or allows to be caused serious bodily injury to another. 815
5. A violation of subsection (1) or subsection (2) is a 816
felony of the first degree, punishable as provided in s. 817
775.082, s. 775.083, or s. 775.084 if, during the commission or 818
as a result of the commission of the offense, the person 819
engaging in the offense knowingly or by culpable negligence 820
causes or allows to be caused death to another. 821
(b) For any person who, having previously been convicted 822
for an offense under this section, is subsequently convicted for 823
another offense under this section, such subsequent offense 824
shall be reclassified as follows: 825
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1. In the case of a felony of the second degree, to a 826
felony of the first degree. 827
2. In the case of a felony of the third degree, to a 828
felony of the second degree. 829
3. In the case of a misdemeanor of the first degree, to a 830
felony of the third degree. For purposes of sentencing under 831
chapter 921 and determining rehabilitation credit incentive 832
gain-time eligibility under chapter 944, such offense is ranked 833
in level 4 of the offense severity ranking chart. 834
835
For purposes of sentencing under chapter 921 and determining 836
rehabilitation credit incentive gain-time eligibility under 837
chapter 944, a felony offense that is reclassified under this 838
paragraph is ranked one level above the ranking under s. 839
921.0022 or s. 921.0023 of the felony offense committed. 840
(c) In lieu of a fine otherwise authorized by law, when 841
any person has been convicted of an offense under this section, 842
the court may fine the person up to three times the retail value 843
of the goods seized, manufactured, or sold, whichever is 844
greater, and may enter orders awarding court costs and the costs 845
of investigation and prosecution, reasonably incurred. The court 846
shall hold a hearing to determine the amount of the fine 847
authorized by this paragraph. 848
(d) When a person is convicted of an offense under this 849
section, the court, pursuant to s. 775.089, shall order the 850
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person to pay restitution to the trademark owner and any other 851
victim of the offense. In determining the value of the property 852
loss to the trademark owner, the court shall include expenses 853
incurred by the trademark owner in the investigation or 854
prosecution of the offense as well as the disgorgement of any 855
profits realized by a person convicted of the offense. 856
Section 22. Subsection (2) of section 843.22, Florida 857
Statutes, is amended to read: 858
843.22 Traveling across county lines with intent to commit 859
a burglary.— 860
(2) If a person who commits a burglary travels any 861
distance with the intent to commit the burglary in a county in 862
this state other than the person's county of residence, the 863
degree of the burglary shall be reclassified to the next higher 864
degree. For purposes of sentencing under chapter 921 and 865
determining rehabilitation credit incentive gain-time 866
eligibility under chapter 944, a burglary that is reclassified 867
under this section is ranked one level above the ranking 868
specified in s. 921.0022 or s. 921.0023 for the burglary 869
committed. 870
Section 23. Paragraph (b) of subsection (1) and subsection 871
(2) of section 874.04, Florida Statutes, are amended to read: 872
874.04 Gang-related offenses; enhanced penalties. —Upon a 873
finding by the factfin der that the defendant committed the 874
charged offense for the purpose of benefiting, promoting, or 875
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furthering the interests of a criminal gang, the penalty for any 876
felony or misdemeanor, or any delinquent act or violation of law 877
which would be a felony or m isdemeanor if committed by an adult, 878
may be enhanced. Penalty enhancement affects the applicable 879
statutory maximum penalty only. Each of the findings required as 880
a basis for such sentence shall be found beyond a reasonable 881
doubt. The enhancement will be as follows: 882
(1) 883
(b) A misdemeanor of the first degree may be punished as 884
if it were a felony of the third degree. For purposes of 885
sentencing under chapter 921 and determining rehabilitation 886
credit incentive gain-time eligibility under chapter 944, such 887
offense is ranked in level 1 of the offense severity ranking 888
chart. The criminal gang multiplier in s. 921.0024 does not 889
apply to misdemeanors enhanced under this paragraph. 890
(2)(a) A felony of the third degree may be punished as if 891
it were a felony of the second degree. 892
(b) A felony of the second degree may be punished as if it 893
were a felony of the first degree. 894
(c) A felony of the first degree may be punished as if it 895
were a life felony. 896
897
For purposes of sentencin g under chapter 921 and determining 898
rehabilitation credit incentive gain-time eligibility under 899
chapter 944, such felony offense is ranked as provided in s. 900
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921.0022 or s. 921.0023, and without regard to the penalty 901
enhancement in this subsection. 902
Section 24. Section 944.281, Florida Statutes, is amended 903
to read: 904
944.281 Ineligibility to earn gain -time due to 905
disciplinary action. —The department may declare that a prisoner 906
who commits a violation of any law of the state or rule or 907
regulation of the dep artment or institution on or after January 908
1, 1996, and who is found guilty pursuant to s. 944.28(2), shall 909
not be eligible to earn rehabilitation credits incentive gain-910
time for up to 6 months following the month in which the 911
violation occurred. The depar tment shall adopt rules to 912
administer the provisions of this section. 913
Section 25. Subsection (1) of section 944.473, Florida 914
Statutes, is amended to read: 915
944.473 Inmate substance abuse testing program. — 916
(1) RULES AND PROCEDURES. —The department shall establish 917
programs for random and reasonable suspicion drug and alcohol 918
testing by urinalysis or other noninvasive procedure for inmates 919
to effectively identify those inmates abusing drugs, alcohol, or 920
both. The department shall also adopt rules relatin g to fair, 921
economical, and accurate operations and procedures of a random 922
inmate substance abuse testing program and a reasonable 923
suspicion substance abuse testing program by urinalysis or other 924
noninvasive procedure which enumerate penalties for positive 925
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test results, including but not limited to the forfeiture of 926
both basic and rehabilitation credits incentive gain-time, and 927
which do not limit the number of times an inmate may be tested 928
in any one fiscal or calendar year. 929
Section 26. Paragraph (b) of subsection (1) of section 930
944.70, Florida Statutes, is amended to read: 931
944.70 Conditions for release from incarceration. — 932
(1) 933
(b) A person who is convicted of a crime committed on or 934
after January 1, 1994, may be released from incarceration only: 935
1. Upon expiration of the person's sentence; 936
2. Upon expiration of the person's sentence as reduced by 937
accumulated outstanding deed meritorious or rehabilitation 938
credit incentive gain-time; 939
3. As directed by an executive order granting clemency; 940
4. Upon placement in a conditional release program 941
pursuant to s. 947.1405 or a conditional medical release program 942
pursuant to s. 947.149; or 943
5. Upon the granting of control release, including 944
emergency control release, pursuant to s. 947.146. 945
Section 27. Paragraphs (i) and (j) of subsection (3) of 946
section 944.801, Florida Statutes, are amended to read: 947
944.801 Education for state prisoners. — 948
(3) The responsibilities of the Correctional Education 949
Program shall be to: 950
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(i) Ensure that every inmate who has 2 years or more 951
remaining to serve on his or her sentence at the time that he or 952
she is received at an institution and who lacks basic and 953
functional literacy skills as defined in s. 1004.02 attends not 954
fewer than 150 hours of sequential instruction i n a correctional 955
adult basic education program. The basic and functional literacy 956
level of an inmate shall be determined by the average composite 957
test score obtained on a test approved for this purpose by the 958
State Board of Education. 959
1. Upon completion of the 150 hours of instruction, the 960
inmate shall be retested and, if a composite test score of 961
functional literacy is not attained, the department is 962
authorized to require the inmate to remain in the instructional 963
program. 964
2. Highest priority of inmate participation shall be 965
focused on youthful offenders and those inmates nearing release 966
from the correctional system. 967
3. An inmate shall be required to attend the 150 hours of 968
adult basic education instruction unless such inmate: 969
a. Is serving a life se ntence or is under sentence of 970
death. 971
b. Is specifically exempted for security or health 972
reasons. 973
c. Is housed at a community correctional center, road 974
prison, work camp, or vocational center. 975
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d. Attains a functional literacy level after attendance in 976
fewer than 150 hours of adult basic education instruction. 977
e. Is unable to enter such instruction because of 978
insufficient facilities, staff, or classroom capacity. 979
4. The Department of Corrections shall provide classes to 980
accommodate those inmates a ssigned to correctional or public 981
work programs after normal working hours. The department shall 982
develop a plan to provide academic and vocational classes on a 983
more frequent basis and at times that accommodate the increasing 984
number of inmates with work ass ignments, to the extent that 985
resources permit. 986
5. If an inmate attends and actively participates in the 987
150 hours of instruction, the Department of Corrections may 988
grant a one-time award of up to 6 additional days of 989
rehabilitation credit incentive gain-time, which must be 990
credited and applied as provided by law. Active participation 991
means, at a minimum, that the inmate is attentive, responsive, 992
cooperative, and completes assigned work. 993
(j) Recommend the award of additional rehabilitation 994
credit incentive gain-time for inmates who receive a high school 995
equivalency diploma or a vocational certificate. 996
Section 28. Subsection (15) of section 947.005, Florida 997
Statutes, is amended to read: 998
947.005 Definitions. —As used in this chapter, unless the 999
context clearly indicates otherwise: 1000
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(15) "Tentative release date" means the date projected for 1001
the prisoner's release from custody by virtue of gain -time and 1002
credits granted or forfeited pursuant to s. 944.275(3)(a). 1003
Section 29. This act shall take effect July 1, 2024. 1004