Florida Senate - 2024 SB 1572 By Senator Powell 24-01196-24 20241572__ 1 A bill to be entitled 2 An act relating to criminal rehabilitation; amending 3 s. 921.002, F.S.; revising the legislative intent of 4 the Criminal Punishment Code; specifying that to 5 rehabilitate the offender to transition back to the 6 community successfully is one of the primary purposes 7 of sentencing; reducing the minimum sentence that must 8 be served by a defendant from 85 percent of the 9 sentence to 65 percent; amending s. 944.275, F.S.; 10 revising provisions concerning gain-time to provide 11 for outstanding deed gain-time, good behavior time, 12 and rehabilitation credits; providing requirements for 13 such gain-time and credits; providing for amounts to 14 be awarded; revising limits on the award of gain-time; 15 reducing the minimum sentence that must be served by a 16 defendant from 85 percent of the sentence to 65 17 percent; amending ss. 316.027, 316.1935, 381.004, 18 775.084, 775.0845, 775.0847, 775.0861, 775.0862, 19 775.087, 775.0875, 777.03, 777.04, 784.07, 794.011, 20 794.0115, 794.023, 812.081, 817.568, 831.032, 843.22, 21 874.04, 944.281, 944.473, 944.70, 944.801, and 22 947.005, F.S.; conforming provisions to changes made 23 by the act; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Subsection (1) of section 921.002, Florida 28 Statutes, is amended to read: 29 921.002The Criminal Punishment Code.The Criminal 30 Punishment Code shall apply to all felony offenses, except 31 capital felonies, committed on or after October 1, 1998. 32 (1)The provision of criminal penalties and of limitations 33 upon the application of such penalties is a matter of 34 predominantly substantive law and, as such, is a matter properly 35 addressed by the Legislature. The Legislature, in the exercise 36 of its authority and responsibility to establish sentencing 37 criteria, to provide for the imposition of criminal penalties, 38 and to make the best use of state prisons so that violent 39 criminal offenders are appropriately punished and rehabilitated 40 incarcerated, has determined that it is in the best interest of 41 the state to develop, implement, and revise a sentencing policy. 42 The Criminal Punishment Code embodies the principles that: 43 (a)Sentencing is neutral with respect to race, gender, and 44 social and economic status. 45 (b)The dual purposes primary purpose of sentencing in the 46 criminal justice system are is to punish the offender and 47 rehabilitate the offender to transition back to the community 48 successfully. Rehabilitation is a desired goal of the criminal 49 justice system but is subordinate to the goal of punishment. 50 (c)The penalty imposed is commensurate with the severity 51 of the primary offense and the circumstances surrounding the 52 primary offense. 53 (d)The severity of the sentence increases with the length 54 and nature of the offenders prior record. 55 (e)The sentence imposed by the sentencing judge reflects 56 the length of actual time to be served, shortened only by the 57 application of outstanding deed incentive and meritorious gain 58 time, good behavior time, and rehabilitation credits as provided 59 by law, and may not be shortened if the defendant would 60 consequently serve less than 65 85 percent of his or her term of 61 imprisonment as provided in s. 944.275(4). The provisions of 62 chapter 947, relating to parole, shall not apply to persons 63 sentenced under the Criminal Punishment Code. 64 (f)Departures below the lowest permissible sentence 65 established by the code must be articulated in writing by the 66 trial court judge and made only when circumstances or factors 67 reasonably justify the mitigation of the sentence. The level of 68 proof necessary to establish facts that support a departure from 69 the lowest permissible sentence is a preponderance of the 70 evidence. 71 (g)The trial court judge may impose a sentence up to and 72 including the statutory maximum for any offense, including an 73 offense that is before the court due to a violation of probation 74 or community control. 75 (h)A sentence may be appealed on the basis that it departs 76 from the Criminal Punishment Code only if the sentence is below 77 the lowest permissible sentence or as enumerated in s. 78 924.06(1). 79 (i)Use of incarcerative sanctions is prioritized toward 80 offenders convicted of serious offenses and certain offenders 81 who have long prior records, in order to maximize the finite 82 capacities of state and local correctional facilities. 83 Section 2.Section 944.275, Florida Statutes, is amended to 84 read: 85 944.275Outstanding deed gain-time, good behavior time, and 86 rehabilitation credits. 87 (1)The department is authorized to grant deductions from 88 sentences in the form of outstanding deed gain-time, good 89 behavior time, and rehabilitation credits in order to encourage 90 satisfactory prisoner behavior, to provide incentive for 91 prisoners to participate in productive activities, and to reward 92 prisoners who perform outstanding deeds or services. 93 (2)(a)The department shall establish for each prisoner 94 sentenced to a term of years a maximum sentence expiration 95 date, which shall be the date when the sentence or combined 96 sentences imposed on a prisoner will expire. In establishing 97 this date, the department shall reduce the total time to be 98 served by any time lawfully credited. 99 (b)When a prisoner with an established maximum sentence 100 expiration date is sentenced to an additional term or terms 101 without having been released from custody, the department shall 102 extend the maximum sentence expiration date by the length of 103 time imposed in the new sentence or sentences, less lawful 104 credits. 105 (c)When an escaped prisoner or a parole violator is 106 returned to the custody of the department, the maximum sentence 107 expiration date in effect when the escape occurred or the parole 108 was effective shall be extended by the amount of time the 109 prisoner was not in custody plus the time imposed in any new 110 sentence or sentences, but reduced by any lawful credits. 111 (3)(a)The department shall also establish for each 112 prisoner sentenced to a term of years a tentative release date 113 which shall be the date projected for the prisoners release 114 from custody by virtue of outstanding deed gain-time, good 115 behavior time, or rehabilitation credits granted or forfeited as 116 described in this section. The initial tentative release date 117 shall be determined by deducting outstanding deed basic gain 118 time, good behavior time, or rehabilitation credits granted from 119 the maximum sentence expiration date. Outstanding deed Other 120 gain-time, good behavior time, and rehabilitation credits shall 121 be applied when granted or restored to make the tentative 122 release date proportionately earlier; and forfeitures of good 123 behavior time gain-time, when ordered, shall be applied to make 124 the tentative release date proportionately later. 125 (b)When an initial tentative release date is reestablished 126 because of additional sentences imposed before the prisoner has 127 completely served all prior sentences, any outstanding deed 128 gain-time, good behavior time, or rehabilitation credits granted 129 during service of a prior sentence and not forfeited shall be 130 applied. 131 (c)The tentative release date may not be later than the 132 maximum sentence expiration date. 133 (4)(a)As a means of encouraging satisfactory behavior and 134 developing character traits necessary for successful reentry, 135 the department shall grant good behavior time basic gain-time at 136 the rate of 10 days for each month of each sentence imposed on a 137 prisoner, subject to the following: 138 1.Portions of any sentences to be served concurrently 139 shall be treated as a single sentence when determining good 140 behavior time basic gain-time. 141 2.Good behavior time Basic gain-time for a partial month 142 shall be prorated on the basis of a 30-day month. 143 3.When a prisoner receives a new maximum sentence 144 expiration date because of additional sentences imposed, good 145 behavior time basic gain-time shall be granted for the amount of 146 time the maximum sentence expiration date was extended. 147 (b)For each month in which an inmate works diligently, 148 participates in training or education, uses time constructively, 149 or otherwise engages in positive activities, the department may 150 grant rehabilitation credits incentive gain-time in accordance 151 with this paragraph. The rate of rehabilitation credits 152 incentive gain-time in effect on the date the inmate committed 153 the offense which resulted in his or her incarceration shall be 154 the inmates rate of eligibility to earn rehabilitation credits 155 incentive gain-time throughout the period of incarceration and 156 shall not be altered by a subsequent change in the severity 157 level of the offense for which the inmate was sentenced. 158 1.For sentences imposed for offenses committed before 159 prior to January 1, 1994, and after October 1, 1995, up to 20 160 days of rehabilitation credits incentive gain-time may be 161 granted. If granted, such rehabilitation credits gain-time shall 162 be credited and applied monthly. 163 2.For sentences imposed for offenses committed on or after 164 January 1, 1994, and before October 1, 1995: 165 a.For offenses ranked in offense severity levels 1 through 166 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 167 of rehabilitation credits incentive gain-time may be granted. If 168 granted, such rehabilitation credits gain-time shall be credited 169 and applied monthly. 170 b.For offenses ranked in offense severity levels 8, 9, and 171 10, under former s. 921.0012 or former s. 921.0013, up to 20 172 days of incentive gain-time may be granted. If granted, such 173 gain-time shall be credited and applied monthly. 174 3.For sentences imposed for offenses committed on or after 175 October 1, 1995, the department may grant up to 10 days per 176 month of incentive gain-time. 177 (c)An inmate who performs some outstanding deed, such as 178 saving a life or assisting in recapturing an escaped inmate, or 179 who in some manner performs an outstanding service that would 180 merit the granting of additional deductions from the term of his 181 or her sentence may be granted outstanding deed meritorious 182 gain-time of from 30 1 to 60 days per outstanding deed 183 performed. 184 (d)Notwithstanding the monthly maximum awards of 185 rehabilitation credits incentive gain-time under subparagraphs 186 (b)1. and, 2., and 3., the education program manager shall 187 recommend, and the Department of Corrections shall may grant 188 awards, a one-time award of 60 additional days of rehabilitation 189 credits for successful completion of each of the following: 190 incentive gain-time to an inmate who is otherwise eligible and 191 who successfully completes requirements for and is, or has been 192 during the current commitment, awarded a high school equivalency 193 diploma, college degree, or vocational certificate, drug 194 treatment program, mental health treatment program, life skills 195 program, behavioral modification program, reentry program, or 196 equivalent rehabilitative program. Additionally, the department 197 shall grant 5 additional days of rehabilitation credits for 198 successful completion of any other department-approved program, 199 including inmate-developed programs, or a passing grade in each 200 online or in-person educational course. Rehabilitation credits 201 awarded under this paragraph shall be retroactive. Under no 202 circumstances may an inmate receive more than 60 days for 203 educational attainment pursuant to this section. 204 (e)Notwithstanding the monthly maximum awards of 205 rehabilitation credits under subparagraphs (b)1. and 2., the 206 department may grant 2 additional days per month of good 207 behavior time to prisoners serving sentences for violations of 208 ss. 893.13 and 893.135, and such days granted shall be 209 retroactive. 210 (f)1.(e)1.Notwithstanding subparagraph (b)1. (b)3., for 211 sentences imposed for offenses committed on or after October 1, 212 2014, and before July 1, 2023, the department may not grant 213 rehabilitation credits incentive gain-time if the offense is a 214 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 215 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 216 800.04; s. 825.1025; or s. 847.0135(5). 217 2.Notwithstanding subparagraph (b)1. (b)3., for sentences 218 imposed for offenses committed on or after July 1, 2023, the 219 department may not grant rehabilitation credits incentive gain 220 time if the offense is for committing or attempting, soliciting, 221 or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s. 222 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 223 excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 224 847.0135(5). 225 (g)1.(f)An inmate who is subject to this subsection 226 subparagraph (b)3. is not eligible to earn or receive 227 outstanding deed gain-time or good behavior time under paragraph 228 (a), paragraph (b), paragraph (c), or paragraph (d) or any other 229 type of gain-time in an amount that would cause a sentence to 230 expire, end, or terminate, or that would result in a prisoners 231 release, before prior to serving a minimum of 85 percent of the 232 sentence imposed. For purposes of this paragraph, credits 233 awarded by the court for time physically incarcerated shall be 234 credited toward satisfaction of 85 percent of the sentence 235 imposed. 236 2.A prisoner who is subject to this subsection may not 237 accumulate rehabilitation credits as described in paragraph (d) 238 in an amount that would allow a sentence to expire, end, or 239 terminate, or that would result in a prisoners release, before 240 serving a minimum of 65 percent of the sentence imposed. 241 3.Except as provided by this section, a prisoner may not 242 accumulate further gain-time awards at any point when the 243 tentative release date is the same as that date at which the 244 prisoner will have served 65 85 percent of the sentence imposed. 245 State prisoners sentenced to life imprisonment shall be 246 incarcerated for the rest of their natural lives, unless granted 247 pardon or clemency. 248 (5)When a prisoner is found guilty of an infraction of the 249 laws of this state or the rules of the department, good behavior 250 time not yet vested gain-time may be forfeited according to law 251 after due process. For purposes of this subsection, good 252 behavior time is deemed vested 2 years after 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: 270 316.027Crash involving death or personal injuries. 271 (2) 272 (f)For purposes of sentencing under chapter 921 and 273 determining rehabilitation credit incentive gain-time 274 eligibility under chapter 944, an offense listed in this 275 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: 280 316.1935Fleeing or attempting to elude a law enforcement 281 officer; aggravated fleeing or eluding. 282 (6)Notwithstanding s. 948.01, no court may suspend, defer, 283 or withhold adjudication of guilt or imposition of sentence for 284 any violation of this section. A person convicted and sentenced 285 to a mandatory minimum term of incarceration under paragraph 286 (3)(b) or paragraph (4)(b) is not eligible for statutory gain 287 time or credits under s. 944.275 or any form of discretionary 288 early release, other than pardon or executive clemency or 289 conditional medical release under s. 947.149, before prior to 290 serving the mandatory minimum sentence. 291 Section 5.Paragraph (h) of subsection (2) of section 292 381.004, Florida Statutes, is amended to read: 293 381.004HIV testing. 294 (2)HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT; 295 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 a.HIV testing pursuant to s. 796.08 of persons convicted 301 of prostitution or of procuring another 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 accordance with 306 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 the 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 person being tested. Notification of 324 test results in accordance with paragraph (c) is required if it 325 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 victims request in a prosecution for any type 332 of sexual battery where a blood sample 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 provided 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 performance 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 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 professional 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 supervision 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, the 372 medical personnel must be 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 negative. 376 d.A person who receives the results of an HIV test 377 pursuant to this subparagraph shall 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 health 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 physicians 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. The 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 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, the 412 nonmedical personnel shall be tested for HIV pursuant to this 413 section or shall provide the results of an HIV test taken within 414 6 months before the significant exposure if such test results 415 are negative. 416 d.A person who receives the results of an HIV test 417 pursuant to this subparagraph shall maintain the 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 facility 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 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 physicians 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 physicians 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 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 monitor 467 the clinical progress of a patient previously diagnosed to be 468 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 subsection (4) of section 472 775.084, Florida Statutes, is amended to read: 473 775.084Violent career criminals; habitual felony offenders 474 and habitual violent felony offenders; three-time violent felony 475 offenders; definitions; procedure; enhanced penalties or 476 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: 495 775.0845Wearing mask while committing 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 offender was 500 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 determining 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 the 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: 523 775.0847Possession or promotion of certain images of child 524 pornography; reclassification. 525 (2)A violation of s. 827.071, s. 847.0135, s. 847.0137, or 526 s. 847.0138 shall be reclassified to the next higher degree as 527 provided in subsection (3) if: 528 (a)The offender possesses 10 or more images of any form of 529 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 computer-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 or s. 921.0023 of the offense committed. 551 Section 9.Subsection (3) of section 775.0861, Florida 552 Statutes, is amended to read: 553 775.0861Offenses 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 felony 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 Statutes, is amended to read: 576 775.0862Sexual 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: 592 775.087Possession 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 felony 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 defendant commits an 600 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 which 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 subparagraph 616 (a)3. does not prevent a court from imposing a longer sentence 617 of incarceration as authorized by law in addition to the minimum 618 mandatory sentence, or from imposing a sentence of death 619 pursuant to other applicable law. Subparagraph (a)1., 620 subparagraph (a)2., or subparagraph (a)3. does not authorize a 621 court to impose a lesser sentence than otherwise required by 622 law. 623 624 Notwithstanding s. 948.01, adjudication of guilt or imposition 625 of sentence shall not be suspended, deferred, or withheld, and 626 the defendant is not eligible for statutory gain-time or credits 627 under s. 944.275 or any form of discretionary early release, 628 other than pardon or executive clemency, or conditional medical 629 release under s. 947.149, prior to serving the minimum sentence. 630 Section 12.Subsection (2) of section 775.0875, Florida 631 Statutes, is amended to read: 632 775.0875Unlawful taking, possession, or use of law 633 enforcement officers firearm; crime reclassification; 634 penalties. 635 (2)If a person violates subsection (1) and commits any 636 other crime involving the firearm taken from the law enforcement 637 officer, such crime shall be reclassified as follows: 638 (a)1.In the case of a felony of the first degree, to a 639 life felony. 640 2.In the case of a felony of the second degree, to a 641 felony of the first degree. 642 3.In the case of a felony of the third degree, to a felony 643 of the second degree. 644 645 For purposes of sentencing under chapter 921 and determining 646 rehabilitation credit incentive gain-time eligibility under 647 chapter 944, a felony offense that is reclassified under this 648 paragraph is ranked one level above the ranking under s. 649 921.0022 or s. 921.0023 of the felony offense committed. 650 (b)In the case of a misdemeanor, to a felony of the third 651 degree. For purposes of sentencing under chapter 921 and 652 determining rehabilitation credit incentive gain-time 653 eligibility under chapter 944, such offense is ranked in level 2 654 of the offense severity ranking chart. 655 Section 13.Subsection (3) of section 777.03, Florida 656 Statutes, is amended to read: 657 777.03Accessory after the fact. 658 (3)Except as otherwise provided in s. 921.0022, for 659 purposes of sentencing under chapter 921 and determining 660 rehabilitation credit incentive gain-time eligibility under 661 chapter 944, the offense of accessory after the fact is ranked 662 two levels below the ranking under s. 921.0022 or s. 921.0023 of 663 the felony offense committed. 664 Section 14.Paragraph (a) of subsection (4) of section 665 777.04, Florida Statutes, is amended to read: 666 777.04Attempts, solicitation, and conspiracy. 667 (4)(a)Except as otherwise provided in ss. 104.091(2), 668 379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, 669 the offense of criminal attempt, criminal solicitation, or 670 criminal conspiracy is ranked for purposes of sentencing under 671 chapter 921 and determining rehabilitation credit incentive 672 gain-time eligibility under chapter 944 one level below the 673 ranking under s. 921.0022 or s. 921.0023 of the offense 674 attempted, solicited, or conspired to. If the criminal attempt, 675 criminal solicitation, or criminal conspiracy is of an offense 676 ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, 677 such offense is a misdemeanor of the first degree, punishable as 678 provided in s. 775.082 or s. 775.083. 679 Section 15.Subsection (3) of section 784.07, Florida 680 Statutes, is amended to read: 681 784.07Assault or battery of law enforcement officers and 682 other specified personnel; reclassification of offenses; minimum 683 sentences. 684 (3)Any person who is convicted of a battery under 685 paragraph (2)(b) and, during the commission of the offense, such 686 person possessed: 687 (a)A firearm or destructive device as those terms are 688 defined in s. 790.001, shall be sentenced to a minimum term of 689 imprisonment of 3 years. 690 (b)A semiautomatic firearm and its high-capacity 691 detachable box magazine, as defined in s. 775.087(3), or a 692 machine gun as defined in s. 790.001, shall be sentenced to a 693 minimum term of imprisonment of 8 years. 694 695 Notwithstanding s. 948.01, adjudication of guilt or imposition 696 of sentence shall not be suspended, deferred, or withheld, and 697 the defendant is not eligible for statutory gain-time or credits 698 under s. 944.275 or any form of discretionary early release, 699 other than pardon or executive clemency, or conditional medical 700 release under s. 947.149, prior to serving the minimum sentence. 701 Section 16.Paragraphs (a) and (b) of subsection (7) of 702 section 794.011, Florida Statutes, are amended to read: 703 794.011Sexual battery. 704 (7)(a)A person who is convicted of committing a sexual 705 battery on or after October 1, 1992, is not eligible for basic 706 gain-time or credits under s. 944.275. 707 (b)Notwithstanding paragraph (a), for sentences imposed 708 for offenses committed on or after July 1, 2023, a person who is 709 convicted of committing or attempting, soliciting, or conspiring 710 to commit a sexual battery in violation of this section is not 711 eligible for basic gain-time or credits under s. 944.275. 712 Section 17.Subsection (7) of section 794.0115, Florida 713 Statutes, is amended to read: 714 794.0115Dangerous sexual felony offender; mandatory 715 sentencing. 716 (7)A defendant sentenced to a mandatory minimum term of 717 imprisonment under this section is not eligible for statutory 718 gain-time or credits under s. 944.275 or any form of 719 discretionary early release, other than pardon or executive 720 clemency, or conditional medical release under s. 947.149, 721 before serving the minimum sentence. 722 Section 18.Subsection (2) of section 794.023, Florida 723 Statutes, is amended to read: 724 794.023Sexual battery by multiple perpetrators; 725 reclassification of offenses. 726 (2)A violation of s. 794.011 shall be reclassified as 727 provided in this subsection if it is charged and proven by the 728 prosecution that, during the same criminal transaction or 729 episode, more than one person committed an act of sexual battery 730 on the same victim. 731 (a)A felony of the second degree is reclassified to a 732 felony of the first degree. 733 (b)A felony of the first degree is reclassified to a life 734 felony. 735 736 This subsection does not apply to life felonies or capital 737 felonies. For purposes of sentencing under chapter 921 and 738 determining rehabilitation credit incentive gain-time 739 eligibility under chapter 944, a felony offense that is 740 reclassified under this subsection is ranked one level above the 741 ranking under s. 921.0022 or s. 921.0023 of the offense 742 committed. 743 Section 19.Subsection (4) of section 812.081, Florida 744 Statutes, is amended to read: 745 812.081Theft of or trafficking in trade secrets; 746 definitions; penalties; providing to foreign entities; 747 restitution. 748 (4)Whenever a person is charged with a violation of this 749 section which was committed with the intent to benefit a foreign 750 government, a foreign agent, or a foreign instrumentality, the 751 offense for which the person is charged shall be reclassified as 752 follows: 753 (a)In the case of theft of a trade secret, from a felony 754 of the third degree to a felony of the second degree. 755 (b)In the case of trafficking in trade secrets, from a 756 felony of the second degree to a felony of the first degree. 757 758 For purposes of sentencing under chapter 921 and determining 759 incentive gain-time or credit eligibility under chapter 944, a 760 felony offense that is reclassified under this subsection is 761 ranked one level above the ranking under s. 921.0022 of the 762 offense committed. 763 Section 20.Subsection (5) of section 817.568, Florida 764 Statutes, is amended to read: 765 817.568Criminal use of personal identification 766 information. 767 (5)If an offense prohibited under this section was 768 facilitated or furthered by the use of a public record, as 769 defined in s. 119.011, the offense is reclassified to the next 770 higher degree as follows: 771 (a)A misdemeanor of the first degree is reclassified as a 772 felony of the third degree. 773 (b)A felony of the third degree is reclassified as a 774 felony of the second degree. 775 (c)A felony of the second degree is reclassified as a 776 felony of the first degree. 777 778 For purposes of sentencing under chapter 921 and rehabilitation 779 credit incentive gain-time eligibility under chapter 944, a 780 felony offense that is reclassified under this subsection is 781 ranked one level above the ranking under s. 921.0022 of the 782 felony offense committed, and a misdemeanor offense that is 783 reclassified under this subsection is ranked in level 2 of the 784 offense severity ranking chart in s. 921.0022. 785 Section 21.Subsection (3) of section 831.032, Florida 786 Statutes, is amended to read: 787 831.032Offenses involving forging or counterfeiting 788 private labels. 789 (3)(a)Violation of subsection (1) or subsection (2) is a 790 misdemeanor of the first degree, punishable as provided in s. 791 775.082 or s. 775.083, except that: 792 1.A violation of subsection (1) or subsection (2) is a 793 felony of the third degree, punishable as provided in s. 794 775.082, s. 775.083, or s. 775.084, if the offense involves 100 795 or more but less than 1,000 items bearing one or more 796 counterfeit marks or if the goods involved in the offense have a 797 total retail value of more than $2,500, but less than $20,000. 798 2.A violation of subsection (1) or subsection (2) is a 799 felony of the second degree, punishable as provided in s. 800 775.082, s. 775.083, or s. 775.084, if the offense involves 801 1,000 or more items bearing one or more counterfeit marks or if 802 the goods involved in the offense have a total retail value of 803 $20,000 or more. 804 3.A violation of subsection (1) or subsection (2) is a 805 felony of the third degree, punishable as provided in s. 806 775.082, s. 775.083, or s. 775.084 if, during the commission or 807 as a result of the commission of the offense, the person 808 engaging in the offense knowingly or by culpable negligence 809 causes or allows to be caused bodily injury to another. 810 4.A violation of subsection (1) or subsection (2) is a 811 felony of the second degree, punishable as provided in s. 812 775.082, s. 775.083, or s. 775.084 if, during the commission or 813 as a result of the commission of the offense, the person 814 engaging in the offense knowingly or by culpable negligence 815 causes or allows to be caused serious bodily injury to another. 816 5.A violation of subsection (1) or subsection (2) is a 817 felony of the first degree, punishable as provided in s. 818 775.082, s. 775.083, or s. 775.084 if, during the commission or 819 as a result of the commission of the offense, the person 820 engaging in the offense knowingly or by culpable negligence 821 causes or allows to be caused death to another. 822 (b)For any person who, having previously been convicted 823 for an offense under this section, is subsequently convicted for 824 another offense under this section, such subsequent offense 825 shall be reclassified as follows: 826 1.In the case of a felony of the second degree, to a 827 felony of the first degree. 828 2.In the case of a felony of the third degree, to a felony 829 of the second degree. 830 3.In the case of a misdemeanor of the first degree, to a 831 felony of the third degree. For purposes of sentencing under 832 chapter 921 and determining rehabilitation credit incentive 833 gain-time eligibility under chapter 944, such offense is ranked 834 in level 4 of the offense severity ranking chart. 835 836 For purposes of sentencing under chapter 921 and determining 837 rehabilitation credit incentive gain-time eligibility under 838 chapter 944, a felony offense that is reclassified under this 839 paragraph is ranked one level above the ranking under s. 840 921.0022 or s. 921.0023 of the felony offense committed. 841 (c)In lieu of a fine otherwise authorized by law, when any 842 person has been convicted of an offense under this section, the 843 court may fine the person up to three times the retail value of 844 the goods seized, manufactured, or sold, whichever is greater, 845 and may enter orders awarding court costs and the costs of 846 investigation and prosecution, reasonably incurred. The court 847 shall hold a hearing to determine the amount of the fine 848 authorized by this paragraph. 849 (d)When a person is convicted of an offense under this 850 section, the court, pursuant to s. 775.089, shall order the 851 person to pay restitution to the trademark owner and any other 852 victim of the offense. In determining the value of the property 853 loss to the trademark owner, the court shall include expenses 854 incurred by the trademark owner in the investigation or 855 prosecution of the offense as well as the disgorgement of any 856 profits realized by a person convicted of the offense. 857 Section 22.Subsection (2) of section 843.22, Florida 858 Statutes, is amended to read: 859 843.22Traveling across county lines with intent to commit 860 a burglary. 861 (2)If a person who commits a burglary travels any distance 862 with the intent to commit the burglary in a county in this state 863 other than the persons county of residence, the degree of the 864 burglary shall be reclassified to the next higher degree. For 865 purposes of sentencing under chapter 921 and determining 866 rehabilitation credit incentive gain-time eligibility under 867 chapter 944, a burglary that is reclassified under this section 868 is ranked one level above the ranking specified in s. 921.0022 869 or s. 921.0023 for the burglary committed. 870 Section 23.Paragraph (b) of subsection (1) and subsection 871 (2) of section 874.04, Florida Statutes, are amended to read: 872 874.04Gang-related offenses; enhanced penalties.Upon a 873 finding by the factfinder that the defendant committed the 874 charged offense for the purpose of benefiting, promoting, or 875 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 misdemeanor 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 if 884 it were a felony of the third degree. For purposes of sentencing 885 under chapter 921 and determining rehabilitation credit 886 incentive gain-time eligibility under chapter 944, such offense 887 is ranked in level 1 of the offense severity ranking chart. The 888 criminal gang multiplier in s. 921.0024 does not apply to 889 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 sentencing 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. 900 921.0022 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: 904 944.281Ineligibility to earn gain-time due to disciplinary 905 action.The department may declare that a prisoner who commits a 906 violation of any law of the state or rule or regulation of the 907 department or institution on or after January 1, 1996, and who 908 is found guilty pursuant to s. 944.28(2), shall not be eligible 909 to earn rehabilitation credits incentive gain-time for up to 6 910 months following the month in which the violation occurred. The 911 department shall adopt rules to administer the provisions of 912 this section. 913 Section 25.Subsection (1) of section 944.473, Florida 914 Statutes, is amended to read: 915 944.473Inmate 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 relating 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 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: 931 944.70Conditions 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 persons sentence; 936 2.Upon expiration of the persons 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 pursuant 941 to s. 947.1405 or a conditional medical release program pursuant 942 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: 947 944.801Education for state prisoners. 948 (3)The responsibilities of the Correctional Education 949 Program shall be to: 950 (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 in 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 sentence or is under sentence of 970 death. 971 b.Is specifically exempted for security or health reasons. 972 c.Is housed at a community correctional center, road 973 prison, work camp, or vocational center. 974 d.Attains a functional literacy level after attendance in 975 fewer than 150 hours of adult basic education instruction. 976 e.Is unable to enter such instruction because of 977 insufficient facilities, staff, or classroom capacity. 978 4.The Department of Corrections shall provide classes to 979 accommodate those inmates assigned to correctional or public 980 work programs after normal working hours. The department shall 981 develop a plan to provide academic and vocational classes on a 982 more frequent basis and at times that accommodate the increasing 983 number of inmates with work assignments, to the extent that 984 resources permit. 985 5.If an inmate attends and actively participates in the 986 150 hours of instruction, the Department of Corrections may 987 grant a one-time award of up to 6 additional days of 988 rehabilitation credit incentive gain-time, which must be 989 credited and applied as provided by law. Active participation 990 means, at a minimum, that the inmate is attentive, responsive, 991 cooperative, and completes assigned work. 992 (j)Recommend the award of additional rehabilitation credit 993 incentive gain-time for inmates who receive a high school 994 equivalency diploma or a vocational certificate. 995 Section 28.Subsection (15) of section 947.005, Florida 996 Statutes, is amended to read: 997 947.005Definitions.As used in this chapter, unless the 998 context clearly indicates otherwise: 999 (15)Tentative release date means the date projected for 1000 the prisoners release from custody by virtue of gain-time and 1001 credits granted or forfeited pursuant to s. 944.275(3)(a). 1002 Section 29.This act shall take effect July 1, 2024.