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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 72 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 72 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, 810.145, 812.081, 817.568, 831.032, 20
843.22, 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 o f the State 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 exercise 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 rehabilitate d 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 t he criminal 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 72 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 parole, does 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 circumstance s 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 sente nce 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 Co de 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 orde r 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 additiona l sentences 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 activiti es, 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 incarcerat ion 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 .0013, up to 20 171
days of rehabilitation credits incentive gain-time may be 172
granted. If granted, such gain -time shall be credited and 173
applied monthly. 174
3. For sentences imposed for offenses committed on or 175
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after October 1, 1995, the department may grant up to 10 days 176
per 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 add itional 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 t he 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
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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 p er 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 af ter 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(1 0); 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
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(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 prisoner's 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 allo w a sentence to expire, end, or 239
terminate, or that would result in a prisoner's release, before 240
serving a minimum of 72 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 72 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 gr anted 247
pardon or clemency. 248
(5) When a prisoner is found guilty of an infraction of 249
the laws of this state or the rules of the department, good 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
behavior time not yet vested gain-time may be forfeited 251
according to law after due process. For purposes of this 252
subsection, good behavior time is deemed vested 2 years after 253
being granted. 254
(6)(a) Good behavior time Basic gain-time under this 255
section shall be computed on and applied to all sentences 256
imposed for offenses committed on or after July 1, 1978, and 257
before January 1, 1994. 258
(b) All outstanding deed incentive and meritorious gain-259
time, good behavior time, and rehabilitation credits are is 260
granted according to this section. 261
(c) All additional gain -time previously awarded under 262
former subsections (2) and (3) and all forfeitures ordered 263
before prior to the effective date of the act that created this 264
section shall remain in effect and be applied in establishing an 265
initial tentative release date. 266
(7) The department shall adopt rules to implement the 267
granting, forfeiture, restoration, and deletion of outstanding 268
deed gain-time, good behavior time, and rehabilitation credits . 269
Section 3. Paragraph (f) of subsection (2) of sect ion 270
316.027, Florida Statutes, is amended to read: 271
316.027 Crash involving death or personal injuries. — 272
(2) 273
(f) For purposes of sentencing under chapter 921 and 274
determining rehabilitation credit incentive gain-time 275
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eligibility under chapter 944, an of fense listed in this 276
subsection is ranked one level above the ranking specified in s. 277
921.0022 or s. 921.0023 for the offense committed if the victim 278
of the offense was a vulnerable road user. 279
Section 4. Subsection (6) of section 316.1935, Florida 280
Statutes, is amended to read: 281
316.1935 Fleeing or attempting to elude a law enforcement 282
officer; aggravated fleeing or eluding. — 283
(6) Notwithstanding s. 948.01, no court may suspend, 284
defer, or withhold adjudication of guilt or imposition of 285
sentence for any violation of this section. A person convicted 286
and sentenced to a mandatory minimum term of incarceration under 287
paragraph (3)(b) or paragraph (4)(b) is not eligible for 288
statutory gain-time or credits under s. 944.275 or any form of 289
discretionary early rele ase, other than pardon or executive 290
clemency or conditional medical release under s. 947.149, before 291
prior to serving the mandatory minimum sentence. 292
Section 5. Paragraph (h) of subsection (2) of section 293
381.004, Florida Statutes, is amended to read: 294
381.004 HIV testing. — 295
(2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED 296
CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY. — 297
(h) Paragraph (a) does not apply: 298
1. When testing for sexually transmissible diseases is 299
required by state or federal law, or by rule, including the 300
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following situations: 301
a. HIV testing pursuant to s. 796.08 of persons convicted 302
of prostitution or of procuring another to commit prostitution. 303
b. HIV testing of inmates pursuant to s. 945.355 before 304
their release from prison by re ason of parole, accumulation of 305
gain-time or other credits, or expiration of sentence. 306
c. Testing for HIV by a medical examiner in accordance 307
with s. 406.11. 308
d. HIV testing of pregnant women pursuant to s. 384.31. 309
2. To those exceptions provided for blood, plasma, organs, 310
skin, semen, or other human tissue pursuant to s. 381.0041. 311
3. For the performance of an HIV -related test by licensed 312
medical personnel in bona fide medical emergencies if the test 313
results are necessary for medical diagnostic purpo ses to provide 314
appropriate emergency care or treatment to the person being 315
tested and the patient is unable to consent, as supported by 316
documentation in the medical record. Notification of test 317
results in accordance with paragraph (c) is required. 318
4. For the performance of an HIV -related test by licensed 319
medical personnel for medical diagnosis of acute illness where, 320
in the opinion of the attending physician, providing 321
notification would be detrimental to the patient, as supported 322
by documentation in the medical record, and the test results are 323
necessary for medical diagnostic purposes to provide appropriate 324
care or treatment to the person being tested. Notification of 325
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test results in accordance with paragraph (c) is required if it 326
would not be detrimental to the patient. This subparagraph does 327
not authorize the routine testing of patients for HIV infection 328
without notification. 329
5. If HIV testing is performed as part of an autopsy for 330
which consent was obtained pursuant to s. 872.04. 331
6. For the performa nce of an HIV test upon a defendant 332
pursuant to the victim's request in a prosecution for any type 333
of sexual battery where a blood sample is taken from the 334
defendant voluntarily, pursuant to court order for any purpose, 335
or pursuant to s. 775.0877, s. 951.2 7, or s. 960.003; however, 336
the results of an HIV test performed shall be disclosed solely 337
to the victim and the defendant, except as provided in ss. 338
775.0877, 951.27, and 960.003. 339
7. If an HIV test is mandated by court order. 340
8. For epidemiological res earch pursuant to s. 381.0031, 341
for research consistent with institutional review boards created 342
by 45 C.F.R. part 46, or for the performance of an HIV -related 343
test for the purpose of research, if the testing is performed in 344
a manner by which the identity o f the test subject is not known 345
and may not be retrieved by the researcher. 346
9. If human tissue is collected lawfully without the 347
consent of the donor for corneal removal as authorized by s. 348
765.5185 or enucleation of the eyes as authorized by s. 765.519. 349
10. For the performance of an HIV test upon an individual 350
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who comes into contact with medical personnel in such a way that 351
a significant exposure has occurred during the course of 352
employment, within the scope of practice, or during the course 353
of providing emergency medical assistance to the individual. The 354
term "medical personnel" includes a licensed or certified health 355
care professional; an employee of a health care professional or 356
health care facility; employees of a laboratory licensed under 357
chapter 483; personnel of a blood bank or plasma center; a 358
medical student or other student who is receiving training as a 359
health care professional at a health care facility; and a 360
paramedic or emergency medical technician certified by the 361
department to perform lif e-support procedures under s. 401.23. 362
a. The occurrence of a significant exposure shall be 363
documented by medical personnel under the supervision of a 364
licensed physician and recorded only in the personnel record of 365
the medical personnel. 366
b. Costs of an HIV test shall be borne by the medical 367
personnel or the employer of the medical personnel. However, 368
costs of testing or treatment not directly related to the 369
initial HIV tests or costs of subsequent testing or treatment 370
may not be borne by the medical pers onnel or the employer of the 371
medical personnel. 372
c. In order to use the provisions of this subparagraph, 373
the medical personnel must be tested for HIV pursuant to this 374
section or provide the results of an HIV test taken within 6 375
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months before the significa nt exposure if such test results are 376
negative. 377
d. A person who receives the results of an HIV test 378
pursuant to this subparagraph shall maintain the confidentiality 379
of the information received and of the persons tested. Such 380
confidential information is ex empt from s. 119.07(1). 381
e. If the source of the exposure is not available and will 382
not voluntarily present himself or herself to a health facility 383
to be tested for HIV, the medical personnel or the employer of 384
such person acting on behalf of the employee may seek a court 385
order directing the source of the exposure to submit to HIV 386
testing. A sworn statement by a physician licensed under chapter 387
458 or chapter 459 that a significant exposure has occurred and 388
that, in the physician's medical judgment, testin g is medically 389
necessary to determine the course of treatment constitutes 390
probable cause for the issuance of an order by the court. The 391
results of the test shall be released to the source of the 392
exposure and to the person who experienced the exposure. 393
11. For the performance of an HIV test upon an individual 394
who comes into contact with nonmedical personnel in such a way 395
that a significant exposure has occurred while the nonmedical 396
personnel provides emergency medical assistance during a medical 397
emergency. For the purposes of this subparagraph, a medical 398
emergency means an emergency medical condition outside of a 399
hospital or health care facility that provides physician care. 400
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The test may be performed only during the course of treatment 401
for the medical emerg ency. 402
a. The occurrence of a significant exposure shall be 403
documented by medical personnel under the supervision of a 404
licensed physician and recorded in the medical record of the 405
nonmedical personnel. 406
b. Costs of any HIV test shall be borne by the nonm edical 407
personnel or the employer of the nonmedical personnel. However, 408
costs of testing or treatment not directly related to the 409
initial HIV tests or costs of subsequent testing or treatment 410
may not be borne by the nonmedical personnel or the employer of 411
the nonmedical personnel. 412
c. In order to use the provisions of this subparagraph, 413
the nonmedical personnel shall be tested for HIV pursuant to 414
this section or shall provide the results of an HIV test taken 415
within 6 months before the significant exposure i f such test 416
results are negative. 417
d. A person who receives the results of an HIV test 418
pursuant to this subparagraph shall maintain the confidentiality 419
of the information received and of the persons tested. Such 420
confidential information is exempt from s. 119.07(1). 421
e. If the source of the exposure is not available and will 422
not voluntarily present himself or herself to a health facility 423
to be tested for HIV, the nonmedical personnel or the employer 424
of the nonmedical personnel acting on behalf of the emplo yee may 425
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seek a court order directing the source of the exposure to 426
submit to HIV testing. A sworn statement by a physician licensed 427
under chapter 458 or chapter 459 that a significant exposure has 428
occurred and that, in the physician's medical judgment, tes ting 429
is medically necessary to determine the course of treatment 430
constitutes probable cause for the issuance of an order by the 431
court. The results of the test shall be released to the source 432
of the exposure and to the person who experienced the exposure. 433
12. For the performance of an HIV test by the medical 434
examiner or attending physician upon an individual who expired 435
or could not be resuscitated while receiving emergency medical 436
assistance or care and who was the source of a significant 437
exposure to medical or nonmedical personnel providing such 438
assistance or care. 439
a. HIV testing may be conducted only after appropriate 440
medical personnel under the supervision of a licensed physician 441
documents in the medical record of the medical personnel or 442
nonmedical personnel that there has been a significant exposure 443
and that, in accordance with the written protocols based on the 444
National Centers for Disease Control and Prevention guidelines 445
on HIV postexposure prophylaxis and in the physician's medical 446
judgment, the information is medically necessary to determine 447
the course of treatment for the medical personnel or nonmedical 448
personnel. 449
b. Costs of an HIV test performed under this subparagraph 450
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may not be charged to the deceased or to the family of the 451
deceased person. 452
c. For this subparagraph to be applicable, the medical 453
personnel or nonmedical personnel must be tested for HIV under 454
this section or must provide the results of an HIV test taken 455
within 6 months before the significant exposure if such test 456
results are negative. 457
d. A person who receives the results of an HIV test 458
pursuant to this subparagraph shall comply with paragraph (e). 459
13. For the performance of an HIV -related test medically 460
indicated by licensed medical personnel for medical diagnosis of 461
a hospitalized infant as necessary to provide appropriate care 462
and treatment of the infant if, after a reasonable attempt, a 463
parent cannot be contacted to provide consent. The medical 464
records of the infant must reflect the reason consent of the 465
parent was not initially obtained. Test results shall be 466
provided to the parent when the parent is located. 467
14. For the performance of HIV testing conducted to 468
monitor the clinical progress of a patient previously diagnosed 469
to be HIV positive. 470
15. For the performanc e of repeated HIV testing conducted 471
to monitor possible conversion from a significant exposure. 472
Section 6. Paragraph (k) of subsection (4) of section 473
775.084, Florida Statutes, is amended to read: 474
775.084 Violent career criminals; habitual felony 475
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offenders and habitual violent felony offenders; three -time 476
violent felony offenders; definitions; procedure; enhanced 477
penalties or mandatory minimum prison terms. — 478
(4) 479
(k)1. A defendant sentenced under this section as a 480
habitual felony offender, a habitua l violent felony offender, or 481
a violent career criminal is eligible for rehabilitation credits 482
gain-time granted by the Department of Corrections as provided 483
in s. 944.275(4)(b). 484
2. For an offense committed on or after October 1, 1995, a 485
defendant sentenced under this section as a violent career 486
criminal is not eligible for any form of discretionary early 487
release, other than pardon or executive clemency, or conditional 488
medical release granted pursuant to s. 947.149. 489
3. For an offense committed on or aft er July 1, 1999, a 490
defendant sentenced under this section as a three -time violent 491
felony offender shall be released only by expiration of sentence 492
and shall not be eligible for parole, control release, or any 493
form of early release. 494
Section 7. Paragraph (b) of subsection (1) and subsection 495
(2) of section 775.0845, Florida Statutes, are amended to read: 496
775.0845 Wearing mask while committing offense; 497
reclassification.—The felony or misdemeanor degree of any 498
criminal offense, other than a violation of ss . 876.12-876.15, 499
shall be reclassified to the next higher degree as provided in 500
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this section if, while committing the offense, the offender was 501
wearing a hood, mask, or other device that concealed his or her 502
identity. 503
(1) 504
(b) In the case of a misdemeano r of the first degree, the 505
offense is reclassified to a felony of the third degree. For 506
purposes of sentencing under chapter 921 and determining 507
rehabilitation credit incentive gain-time eligibility under 508
chapter 944, such offense is ranked in level 2 of t he offense 509
severity ranking chart. 510
(2)(a) In the case of a felony of the third degree, the 511
offense is reclassified to a felony of the second degree. 512
(b) In the case of a felony of the second degree, the 513
offense is reclassified to a felony of the first degree. 514
515
For purposes of sentencing under chapter 921 and determining 516
rehabilitation credit incentive gain-time eligibility under 517
chapter 944, a felony offense that is reclassified under this 518
subsection is ranked one level above the ranking under former s. 519
921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the 520
offense committed. 521
Section 8. Subsection (3) of section 775.0847, Florida 522
Statutes, is amended, and subsection (2) of that section is 523
republished, to read: 524
775.0847 Possession or promo tion of certain images of 525
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child pornography; reclassification. — 526
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, 527
or s. 847.0138 shall be reclassified to the next higher degree 528
as provided in subsection (3) if: 529
(a) The offender possesses 10 or m ore images of any form 530
of child pornography regardless of content; and 531
(b) The content of at least one image contains one or more 532
of the following: 533
1. A child who is younger than the age of 5. 534
2. Sadomasochistic abuse involving a child. 535
3. Sexual battery involving a child. 536
4. Sexual bestiality involving a child. 537
5. Any motion picture, film, video, or computer -generated 538
motion picture, film, or video involving a child, regardless of 539
length and regardless of whether the motion picture, film, 540
video, or computer-generated motion picture, film, or video 541
contains sound. 542
(3)(a) In the case of a felony of the third degree, the 543
offense is reclassified to a felony of the second degree. 544
(b) In the case of a felony of the second degree, the 545
offense is reclassified to a felony of the first degree. 546
547
For purposes of sentencing under chapter 921 and determining 548
rehabilitation credit incentive gain-time eligibility under 549
chapter 944, a felony offense that is reclassified under this 550
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section is ranked one level above the ranking under s. 921.0022 551
or s. 921.0023 of the offense committed. 552
Section 9. Subsection (3) of section 775.0861, Florida 553
Statutes, is amended to read: 554
775.0861 Offenses against persons on the grounds of 555
religious institutions; reclassifica tion.— 556
(3)(a) In the case of a misdemeanor of the second degree, 557
the offense is reclassified to a misdemeanor of the first 558
degree. 559
(b) In the case of a misdemeanor of the first degree, the 560
offense is reclassified to a felony of the third degree. For 561
purposes of sentencing under chapter 921, such offense is ranked 562
in level 2 of the offense severity ranking chart. 563
(c) In the case of a felony of the third degree, the 564
offense is reclassified to a felony of the second degree. 565
(d) In the case of a felony of the second degree, the 566
offense is reclassified to a felony of the first degree. 567
(e) In the case of a felony of the first degree, the 568
offense is reclassified to a life felony. 569
570
For purposes of sentencing under chapter 921 and determining 571
rehabilitation credit incentive gain-time eligibility under 572
chapter 944, a felony offense that is reclassified under this 573
subsection is ranked one level above the ranking under s. 574
921.0022 or s. 921.0023 of the offense committed. 575
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Section 10. Subsection (3) of sectio n 775.0862, Florida 576
Statutes, is amended to read: 577
775.0862 Sexual offenses against students by authority 578
figures; reclassification. — 579
(3)(a) In the case of a felony of the third degree, the 580
offense is reclassified to a felony of the second degree. 581
(b) In the case of a felony of the second degree, the 582
offense is reclassified to a felony of the first degree. 583
(c) In the case of a felony of the first degree, the 584
offense is reclassified to a life felony. 585
586
For purposes of sentencing under chapter 921 and d etermining 587
rehabilitation credit incentive gain-time eligibility under 588
chapter 944, a felony offense that is reclassified under this 589
subsection is ranked one level above the ranking under s. 590
921.0022 or s. 921.0023 of the offense committed. 591
Section 11. Subsection (1) and paragraph (b) of subsection 592
(2) of section 775.087, Florida Statutes, are amended to read: 593
775.087 Possession or use of weapon; aggravated battery; 594
felony reclassification; minimum sentence. — 595
(1) Unless otherwise provided by law, wh enever a person is 596
charged with a felony, except a felony in which the use of a 597
weapon or firearm is an essential element, and during the 598
commission of such felony the defendant carries, displays, uses, 599
threatens to use, or attempts to use any weapon or fi rearm, or 600
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during the commission of such felony the defendant commits an 601
aggravated battery, the felony for which the person is charged 602
shall be reclassified as follows: 603
(a) In the case of a felony of the first degree, to a life 604
felony. 605
(b) In the case of a felony of the second degree, to a 606
felony of the first degree. 607
(c) In the case of a felony of the third degree, to a 608
felony of the second degree. 609
610
For purposes of sentencing under chapter 921 and determining 611
rehabilitation credit incentive gain-time eligibility under 612
chapter 944, a felony offense which is reclassified under this 613
section is ranked one level above the ranking under s. 921.0022 614
or s. 921.0023 of the felony offense committed. 615
(2) 616
(b) Subparagraph (a)1., subparagraph (a)2., or 617
subparagraph (a)3. does not prevent a court from imposing a 618
longer sentence of incarceration as authorized by law in 619
addition to the minimum mandatory sentence, or from imposing a 620
sentence of death pursuant to other applicable law. Subparagraph 621
(a)1., subparagraph (a)2., or subparagraph (a)3. does not 622
authorize a court to impose a lesser sentence than otherwise 623
required by law. 624
Notwithstanding s. 948.01, adjudication of guilt or imposition 625
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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, before prior to serving the minimum 630
sentence. 631
Section 12. Subsection (2) of section 775.0875, Florida 632
Statutes, is amended to read: 633
775.0875 Unlawful taking, possession, or use of law 634
enforcement officer's firearm; crime reclassification; 635
penalties.— 636
(2) If a person violates subsection (1) and commits any 637
other crime involving the firearm taken from the law enforcement 638
officer, such crime shall be reclassified as follows: 639
(a)1. In the case of a felony of the first degree, to a 640
life felony. 641
2. In the case of a felony of the second degree, to a 642
felony of the first degree. 643
3. In the case of a felony of the third degree, to a 644
felony of the second degree. 645
646
For purposes of sentencing under chapter 921 and determining 647
rehabilitation credit incentive gain-time eligibility under 648
chapter 944, a felony offen se that is reclassified under this 649
paragraph is ranked one level above the ranking under s. 650
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921.0022 or s. 921.0023 of the felony offense committed. 651
(b) In the case of a misdemeanor, to a felony of the third 652
degree. For purposes of sentencing under chapt er 921 and 653
determining rehabilitation credit incentive gain-time 654
eligibility under chapter 944, such offense is ranked in level 2 655
of the offense severity ranking chart. 656
Section 13. Subsection (3) of section 777.03, Florida 657
Statutes, is amended to read: 658
777.03 Accessory after the fact. — 659
(3) Except as otherwise provided in s. 921.0022, for 660
purposes of sentencing under chapter 921 and determining 661
rehabilitation credit incentive gain-time eligibility under 662
chapter 944, the offense of accessory after the fact is ranked 663
two levels below the ranking under s. 921.0022 or s. 921.0023 of 664
the felony offense committed. 665
Section 14. Paragraph (a) of subsection (4) of section 666
777.04, Florida Statutes, is amended to read: 667
777.04 Attempts, solicitation, and co nspiracy.— 668
(4)(a) Except as otherwise provided in ss. 104.091(2), 669
379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, 670
the offense of criminal attempt, criminal solicitation, or 671
criminal conspiracy is ranked for purposes of sentencing under 672
chapter 921 and determining rehabilitation credit incentive 673
gain-time eligibility under chapter 944 one level below the 674
ranking under s. 921.0022 or s. 921.0023 of the offense 675
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attempted, solicited, or conspired to. If the criminal attempt, 676
criminal solicitation, or crimin al conspiracy is of an offense 677
ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, 678
such offense is a misdemeanor of the first degree, punishable as 679
provided in s. 775.082 or s. 775.083. 680
Section 15. Subsection (3) of section 784.07, Florida 681
Statutes, is amended to read: 682
784.07 Assault or battery of law enforcement officers and 683
other specified personnel; reclassification of offenses; minimum 684
sentences.— 685
(3) Any person who is convicted of a battery under 686
paragraph (2)(b) and, during the comm ission of the offense, such 687
person possessed: 688
(a) A "firearm" or "destructive device" as those terms are 689
defined in s. 790.001, shall be sentenced to a minimum term of 690
imprisonment of 3 years. 691
(b) A semiautomatic firearm and its high -capacity 692
detachable box magazine, as defined in s. 775.087(3), or a 693
machine gun as defined in s. 790.001, shall be sentenced to a 694
minimum term of imprisonment of 8 years. 695
696
Notwithstanding s. 948.01, adjudication of guilt or imposition 697
of sentence shall not be suspended, def erred, or withheld, and 698
the defendant is not eligible for statutory gain-time or credits 699
under s. 944.275 or any form of discretionary early release, 700
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other than pardon or executive clemency, or conditional medical 701
release under s. 947.149, before prior to serving the minimum 702
sentence. 703
Section 16. Paragraphs (a) and (b) of subsection (7) of 704
section 794.011, Florida Statutes, are amended to read: 705
794.011 Sexual battery. — 706
(7)(a) A person who is convicted of committing a sexual 707
battery on or after Octob er 1, 1992, is not eligible for basic 708
gain-time or credits under s. 944.275. 709
(b) Notwithstanding paragraph (a), for sentences imposed 710
for offenses committed on or after July 1, 2023, a person who is 711
convicted of committing or attempting, soliciting, or c onspiring 712
to commit a sexual battery in violation of this section is not 713
eligible for basic gain-time or credits under s. 944.275. 714
Section 17. Subsection (7) of section 794.0115, Florida 715
Statutes, is amended to read: 716
794.0115 Dangerous sexual felony offender; mandatory 717
sentencing.— 718
(7) A defendant sentenced to a mandatory minimum term of 719
imprisonment under this section is not eligible for statutory 720
gain-time or credits under s. 944.275 or any form of 721
discretionary early release, other than pardon or executive 722
clemency, or conditional medical release under s. 947.149, 723
before serving the minimum sentence. 724
Section 18. Subsection (2) of section 794.023, Florida 725
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Statutes, is amended to read: 726
794.023 Sexual battery by multiple perpetrators; 727
reclassification of offenses. — 728
(2) A violation of s. 794.011 shall be reclassified as 729
provided in this subsection if it is charged and proven by the 730
prosecution that, during the same criminal transaction or 731
episode, more than one person committed an act of sexual battery 732
on the same victim. 733
(a) A felony of the second degree is reclassified to a 734
felony of the first degree. 735
(b) A felony of the first degree is reclassified to a life 736
felony. 737
738
This subsection does not apply to life felonies or capital 739
felonies. For purposes of sentencing under chapter 921 and 740
determining rehabilitation credit incentive gain-time 741
eligibility under chapter 944, a felony offense that is 742
reclassified under this subsection is ranked one level above the 743
ranking under s. 921.0022 or s. 921 .0023 of the offense 744
committed. 745
Section 19. Subsection (7) of section 810.145, Florida 746
Statutes, is amended to read: 747
810.145 Digital voyeurism. — 748
(7)(a) A person who violates this section and who has 749
previously been convicted of or adjudicated delin quent for any 750
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violation of this section commits a felony of the second degree, 751
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 752
(b) If a person who is 19 years or age or older commits a 753
violation of this section and is a family or househo ld member of 754
the victim or holds a position of authority or trust with the 755
victim, the court shall reclassify the felony to the next higher 756
degree as follows: 757
1. A felony of the third degree is reclassified as a 758
felony of the second degree. 759
2. A felony of the second degree is reclassified as a 760
felony of the first degree. 761
762
For purposes of sentencing under chapter 921 and incentive gain -763
time or credit eligibility under chapter 944, a felony that is 764
reclassified under this subsection is ranked one level above the 765
ranking under s. 921.0022 of the felony offense committed. 766
Section 20. Subsection (4) of section 812.081, Florida 767
Statutes, is amended to read: 768
812.081 Theft of or trafficking in trade secrets; 769
definitions; penalties; providing to foreign entities; 770
restitution.— 771
(4) Whenever a person is charged with a violation of this 772
section which was committed with the intent to benefit a foreign 773
government, a foreign agent, or a foreign instrumentality, the 774
offense for which the person is charged shall be reclassified as 775
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follows: 776
(a) In the case of theft of a trade secret, from a felony 777
of the third degree to a felony of the second degree. 778
(b) In the case of trafficking in trade secrets, from a 779
felony of the second degree to a felony of the first degree. 780
781
For purposes of sentencing under chapter 921 and determining 782
incentive gain-time or credit eligibility under chapter 944, a 783
felony offense that i s reclassified under this subsection is 784
ranked one level above the ranking under s. 921.0022 of the 785
offense committed. 786
Section 21. Subsection (5) of section 817.568, Florida 787
Statutes, is amended to read: 788
817.568 Criminal use of personal identificatio n 789
information.— 790
(5) If an offense prohibited under this section was 791
facilitated or furthered by the use of a public record, as 792
defined in s. 119.011, the offense is reclassified to the next 793
higher degree as follows: 794
(a) A misdemeanor of the first degre e is reclassified as a 795
felony of the third degree. 796
(b) A felony of the third degree is reclassified as a 797
felony of the second degree. 798
(c) A felony of the second degree is reclassified as a 799
felony of the first degree. 800
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801
For purposes of sentencing under c hapter 921 and rehabilitation 802
credit incentive gain-time eligibility under chapter 944, a 803
felony offense that is reclassified under this subsection is 804
ranked one level above the ranking under s. 921.0022 of the 805
felony offense committed, and a misdemeanor o ffense that is 806
reclassified under this subsection is ranked in level 2 of the 807
offense severity ranking chart in s. 921.0022. 808
Section 22. Paragraph (b) of subsection (3) of section 809
831.032, Florida Statutes, is amended to read: 810
831.032 Offenses involving forging or counterfeiting 811
private labels.— 812
(3) 813
(b) For any person who, having previously been convicted 814
for an offense under this section, is subsequently convicted for 815
another offense under this section, such subsequent offense 816
shall be reclassified as follows: 817
1. In the case of a felony of the second degree, to a 818
felony of the first degree. 819
2. In the case of a felony of the third degree, to a 820
felony of the second degree. 821
3. In the case of a misdemeanor of the first degree, to a 822
felony of the third degree. For purposes of sentencing under 823
chapter 921 and determining rehabilitation credit incentive 824
gain-time eligibility under chapter 944, such offense is ranked 825
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in level 4 of the offense severity ranking chart. 826
827
For purposes of sentencing u nder chapter 921 and determining 828
rehabilitation credit incentive gain-time eligibility under 829
chapter 944, a felony offense that is reclassified under this 830
paragraph is ranked one level above the ranking under s. 831
921.0022 or s. 921.0023 of the felony offens e committed. 832
Section 23. Subsection (2) of section 843.22, Florida 833
Statutes, is amended to read: 834
843.22 Traveling across county lines with intent to commit 835
a burglary.— 836
(2) If a person who commits a burglary travels any 837
distance with the intent to commit the burglary in a county in 838
this state other than the person's county of residence, the 839
degree of the burglary shall be reclassified to the next higher 840
degree. For purposes of sentencing under chapter 921 and 841
determining rehabilitation credit incentive gain-time 842
eligibility under chapter 944, a burglary that is reclassified 843
under this section is ranked one level above the ranking 844
specified in s. 921.0022 or s. 921.0023 for the burglary 845
committed. 846
Section 24. Paragraph (b) of subsection (1) and su bsection 847
(2) of section 874.04, Florida Statutes, are amended to read: 848
874.04 Gang-related offenses; enhanced penalties. —Upon a 849
finding by the factfinder that the defendant committed the 850
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charged offense for the purpose of benefiting, promoting, or 851
furthering the interests of a criminal gang, the penalty for any 852
felony or misdemeanor, or any delinquent act or violation of law 853
which would be a felony or misdemeanor if committed by an adult, 854
may be enhanced. Penalty enhancement affects the applicable 855
statutory maximum penalty only. Each of the findings required as 856
a basis for such sentence shall be found beyond a reasonable 857
doubt. The enhancement will be as follows: 858
(1) 859
(b) A misdemeanor of the first degree may be punished as 860
if it were a felony of t he third degree. For purposes of 861
sentencing under chapter 921 and determining rehabilitation 862
credit incentive gain-time eligibility under chapter 944, such 863
offense is ranked in level 1 of the offense severity ranking 864
chart. The criminal gang multiplier in s. 921.0024 does not 865
apply to misdemeanors enhanced under this paragraph. 866
(2)(a) A felony of the third degree may be punished as if 867
it were a felony of the second degree. 868
(b) A felony of the second degree may be punished as if it 869
were a felony of the f irst degree. 870
(c) A felony of the first degree may be punished as if it 871
were a life felony. 872
873
For purposes of sentencing under chapter 921 and determining 874
rehabilitation credit incentive gain-time eligibility under 875
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chapter 944, such felony offense is ranke d as provided in s. 876
921.0022 or s. 921.0023, and without regard to the penalty 877
enhancement in this subsection. 878
Section 25. Section 944.281, Florida Statutes, is amended 879
to read: 880
944.281 Ineligibility to earn gain -time due to 881
disciplinary action. —The department may declare that a prisoner 882
who commits a violation of any law of the state or rule or 883
regulation of the department or institution on or after January 884
1, 1996, and who is found guilty pursuant to s. 944.28(2), shall 885
not be eligible to earn rehabilitation credits incentive gain-886
time for up to 6 months following the month in which the 887
violation occurred. The department shall adopt rules to 888
administer the provisions of this section. 889
Section 26. Subsection (1) of section 944.473, Florida 890
Statutes, is amended to read: 891
944.473 Inmate substance abuse testing program. — 892
(1) RULES AND PROCEDURES. —The department shall establish 893
programs for random and reasonable suspicion drug and alcohol 894
testing by urinalysis or other noninvasive procedure for inmat es 895
to effectively identify those inmates abusing drugs, alcohol, or 896
both. The department shall also adopt rules relating to fair, 897
economical, and accurate operations and procedures of a random 898
inmate substance abuse testing program and a reasonable 899
suspicion substance abuse testing program by urinalysis or other 900
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noninvasive procedure which enumerate penalties for positive 901
test results, including but not limited to the forfeiture of 902
rehabilitation credits both basic and incentive gain -time, and 903
which do not limit the number of times an inmate may be tested 904
in any one fiscal or calendar year. 905
Section 27. Paragraph (b) of subsection (1) of section 906
944.70, Florida Statutes, is amended to read: 907
944.70 Conditions for release from incarceration. — 908
(1) 909
(b) A person who is convicted of a crime committed on or 910
after January 1, 1994, may be released from incarceration only: 911
1. Upon expiration of the person's sentence; 912
2. Upon expiration of the person's sentence as reduced by 913
accumulated outstanding deed meritorious or rehabilitation 914
credit incentive gain-time; 915
3. As directed by an executive order granting clemency; 916
4. Upon placement in a conditional release program 917
pursuant to s. 947.1405 or a conditional medical release program 918
pursuant to s. 947.149; or 919
5. Upon the granting of control release, including 920
emergency control release, pursuant to s. 947.146. 921
Section 28. Paragraphs (i) and (j) of subsection (3) of 922
section 944.801, Florida Statutes, are amended to read: 923
944.801 Education for state priso ners.— 924
(3) The responsibilities of the Correctional Education 925
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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
Program shall be to: 926
(i) Ensure that every inmate who has 2 years or more 927
remaining to serve on his or her sentence at the time that he or 928
she is received at an institution and who lacks bas ic and 929
functional literacy skills as defined in s. 1004.02 attends not 930
fewer than 150 hours of sequential instruction in a correctional 931
adult basic education program. The basic and functional literacy 932
level of an inmate shall be determined by the average c omposite 933
test score obtained on a test approved for this purpose by the 934
State Board of Education. 935
1. Upon completion of the 150 hours of instruction, the 936
inmate shall be retested and, if a composite test score of 937
functional literacy is not attained, the department is 938
authorized to require the inmate to remain in the instructional 939
program. 940
2. Highest priority of inmate participation shall be 941
focused on youthful offenders and those inmates nearing release 942
from the correctional system. 943
3. An inmate shall be required to attend the 150 hours of 944
adult basic education instruction unless such inmate: 945
a. Is serving a life sentence or is under sentence of 946
death. 947
b. Is specifically exempted for security or health 948
reasons. 949
c. Is housed at a community correctional center, road 950
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prison, work camp, or vocational center. 951
d. Attains a functional literacy level after attendance in 952
fewer than 150 hours of adult basic education instruction. 953
e. Is unable to enter such instruction because of 954
insufficient facilities, staff, or classroom capacity. 955
4. The Department of Corrections shall provide classes to 956
accommodate those inmates assigned to correctional or public 957
work programs after normal working hours. The department shall 958
develop a plan to provide academic and vocational classes on a 959
more frequent basis and at times that accommodate the increasing 960
number of inmates with work assignments, to the extent that 961
resources permit. 962
5. If an inmate attends and actively participates in the 963
150 hours of instruction, the Department of Corrections may 964
grant a one-time award of up to 6 additional days of 965
rehabilitation credit incentive gain-time, which must be 966
credited and applied as provided by law. Active participation 967
means, at a minimum, that the inmate is attentive, responsive, 968
cooperative, and completes assigned work. 969
(j) Recommend the award of additional rehabilitation 970
credit incentive gain-time for inmates who receive a high school 971
equivalency diploma or a vocational certificate. 972
Section 29. Subsection (15) of section 947.005, Florida 973
Statutes, is amended to read: 974
947.005 Definitions. —As used in this chapter, unless the 975
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context clearly indicates otherwise: 976
(15) "Tentative release date" means the date projected for 977
the prisoner's release from custody by virtue of gain -time and 978
credits granted or forfeited pursuant to s. 944.275(3)(a). 979
Section 30. This act shall take effect July 1, 2025. 980