Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1032
       
       
       
       
       
       
                                Ì925632$Î925632                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (3) of section
    6  455.213, Florida Statutes, is amended, and paragraph (f) is
    7  added to that subsection, to read:
    8         455.213 General licensing provisions.—
    9         (3)
   10         (b)1. A conviction, or any other adjudication, for a crime
   11  more than 2 5 years before the date the application is received
   12  by the applicable board may not be grounds for denial of a
   13  license specified in paragraph (a). For purposes of this
   14  paragraph, the term “conviction” means a determination of guilt
   15  that is the result of a plea or trial, regardless of whether
   16  adjudication is withheld. This paragraph does not limit the
   17  applicable board from considering an applicant’s criminal
   18  history that includes a crime listed in s. 775.21(4)(a)1. or s.
   19  776.08 at any time, but only if such criminal history has been
   20  found to relate to the practice of the applicable profession.
   21         2. The applicable board may consider the criminal history
   22  of an applicant for licensure under subparagraph (a)3. if such
   23  criminal history has been found to relate to good moral
   24  character.
   25         (f) The applicable board shall approve educational programs
   26  credits offered to inmates in any correctional institution or
   27  correctional facility, whether offered as vocational training or
   28  through an industry certification program, for the purposes of
   29  satisfying applicable training requirements for licensure in a
   30  profession specified in paragraph (a).
   31         Section 2. Subsection (1) of section 921.002, Florida
   32  Statutes, is amended to read:
   33         921.002 The Criminal Punishment Code.—The Criminal
   34  Punishment Code shall apply to all felony offenses, except
   35  capital felonies, committed on or after October 1, 1998.
   36         (1) The provision of criminal penalties and of limitations
   37  upon the application of such penalties is a matter of
   38  predominantly substantive law and, as such, is a matter properly
   39  addressed by the Legislature. The Legislature, in the exercise
   40  of its authority and responsibility to establish sentencing
   41  criteria, to provide for the imposition of criminal penalties,
   42  and to make the best use of state prisons so that violent
   43  criminal offenders are appropriately punished and rehabilitated
   44  incarcerated, has determined that it is in the best interest of
   45  the state to develop, implement, and revise a sentencing policy.
   46  The Criminal Punishment Code embodies the principles that:
   47         (a) Sentencing is neutral with respect to race, gender, and
   48  social and economic status.
   49         (b) The dual purposes primary purpose of sentencing in the
   50  criminal justice system are is to punish the offender and
   51  rehabilitate the offender so that he or she can successfully
   52  transition back into the community. Rehabilitation is a desired
   53  goal of the criminal justice system but is subordinate to the
   54  goal of punishment.
   55         (c) The penalty imposed is commensurate with the severity
   56  of the primary offense and the circumstances surrounding the
   57  primary offense.
   58         (d) The severity of the sentence increases with the length
   59  and nature of the offender’s prior record.
   60         (e) The sentence imposed by the sentencing judge reflects
   61  the length of actual time to be served, shortened only by the
   62  application of good behavior time, rehabilitation credits, and
   63  outstanding deed awards, incentive and meritorious gain-time as
   64  provided by law, and may not be shortened if the defendant would
   65  consequently serve less than 85 percent of his or her term of
   66  imprisonment upon the application of good behavior time and
   67  outstanding deed awards or 65 percent of his or her term of
   68  imprisonment upon the application of rehabilitation credits, as
   69  provided in s. 944.275(4). The provisions of chapter 947,
   70  relating to parole, do not shall not apply to persons sentenced
   71  under the Criminal Punishment Code.
   72         (f) Departures below the lowest permissible sentence
   73  established by the code must be articulated in writing by the
   74  trial court judge and made only when circumstances or factors
   75  reasonably justify the mitigation of the sentence. The level of
   76  proof necessary to establish facts that support a departure from
   77  the lowest permissible sentence is a preponderance of the
   78  evidence.
   79         (g) The trial court judge may impose a sentence up to and
   80  including the statutory maximum for any offense, including an
   81  offense that is before the court due to a violation of probation
   82  or community control.
   83         (h) A sentence may be appealed on the basis that it departs
   84  from the Criminal Punishment Code only if the sentence is below
   85  the lowest permissible sentence or as enumerated in s.
   86  924.06(1).
   87         (i) Use of incarcerative sanctions is prioritized toward
   88  offenders convicted of serious offenses and certain offenders
   89  who have long prior records, in order to maximize the finite
   90  capacities of state and local correctional facilities.
   91         Section 3. Subsections (5), (6), (7), and (8) of section
   92  944.02, Florida Statutes, are renumbered as subsections (6),
   93  (7), (8), and (9), respectively, and subsection (5) is added to
   94  that section, to read:
   95         944.02 Definitions.—The following words and phrases used in
   96  this chapter shall, unless the context clearly indicates
   97  otherwise, have the following meanings:
   98         (5) “Gain-time” means good behavior time, rehabilitation
   99  credits, and outstanding deed awards, collectively, and as
  100  defined under this chapter.
  101         Section 4. Section 944.275, Florida Statutes, is amended to
  102  read:
  103         944.275 Good behavior time; rehabilitation credits;
  104  outstanding deed awards gain-time.—
  105         (1) The department is authorized to grant deductions from
  106  sentences in the form of good behavior time, rehabilitation
  107  credits, and outstanding deed awards gain-time in order to
  108  encourage satisfactory prisoner behavior, to provide incentive
  109  for prisoners to participate in productive activities, and to
  110  reward prisoners who perform outstanding deeds or services.
  111         (2)(a) The department shall establish for each prisoner
  112  sentenced to a term of years a “maximum sentence expiration
  113  date,” which shall be the date when the sentence or combined
  114  sentences imposed on a prisoner will expire. In establishing
  115  this date, the department shall reduce the total time to be
  116  served by any time lawfully credited.
  117         (b) When a prisoner with an established maximum sentence
  118  expiration date is sentenced to an additional term or terms
  119  without having been released from custody, the department shall
  120  extend the maximum sentence expiration date by the length of
  121  time imposed in the new sentence or sentences, less lawful
  122  credits.
  123         (c) When an escaped prisoner or a parole violator is
  124  returned to the custody of the department, the maximum sentence
  125  expiration date in effect when the escape occurred or the parole
  126  was effective shall be extended by the amount of time the
  127  prisoner was not in custody plus the time imposed in any new
  128  sentence or sentences, but reduced by any lawful credits.
  129         (3)(a) The department shall also establish for each
  130  prisoner sentenced to a term of years a “tentative release date”
  131  which shall be the date projected for the prisoner’s release
  132  from custody by virtue of good behavior time, rehabilitation
  133  credits, or outstanding deed awards gain-time granted or
  134  forfeited as described in this section. The initial tentative
  135  release date shall be determined by deducting good behavior time
  136  basic gain-time granted from the maximum sentence expiration
  137  date. Rehabilitation credits and outstanding deed awards Other
  138  gain-time shall be applied when granted or restored to make the
  139  tentative release date proportionately earlier; and forfeitures
  140  of gain-time, when ordered, shall be applied to make the
  141  tentative release date proportionately later.
  142         (b) When an initial tentative release date is reestablished
  143  because of additional sentences imposed before the prisoner has
  144  completely served all prior sentences, any good behavior time,
  145  rehabilitation credits, and outstanding deed awards gain-time
  146  granted during service of a prior sentence and not forfeited
  147  shall be applied.
  148         (c) The tentative release date may not be later than the
  149  maximum sentence expiration date.
  150         (4)(a) As a means of encouraging satisfactory behavior and
  151  developing character traits necessary for successful reentry to
  152  the community, the department shall grant good behavior time
  153  basic gain-time at the rate of 10 days for each month of each
  154  sentence imposed on a prisoner, subject to the following:
  155         1. Portions of any sentences to be served concurrently
  156  shall be treated as a single sentence when determining good
  157  behavior time basic gain-time.
  158         2. Good behavior time Basic gain-time for a partial month
  159  shall be prorated on the basis of a 30-day month.
  160         3. When a prisoner receives a new maximum sentence
  161  expiration date because of additional sentences imposed, good
  162  behavior time basic gain-time shall be granted for the amount of
  163  time the maximum sentence expiration date was extended.
  164         (b) For each month in which a prisoner an inmate works
  165  diligently, participates in training or education, uses time
  166  constructively, or otherwise engages in positive activities, the
  167  department may grant rehabilitation credits incentive gain-time
  168  in accordance with this paragraph. The rate of rehabilitation
  169  credits incentive gain-time in effect on the date the prisoner
  170  inmate committed the offense that which resulted in his or her
  171  incarceration shall be the prisoner’s inmate’s rate of
  172  eligibility to earn rehabilitation credits incentive gain-time
  173  throughout the period of incarceration and may shall not be
  174  altered by a subsequent change in the severity level of the
  175  offense for which the prisoner inmate was sentenced.
  176         1. For sentences imposed for offenses committed before
  177  prior to January 1, 1994, and on or after October 1, 1995, up to
  178  20 days of rehabilitation credits incentive gain-time may be
  179  granted. If granted, such rehabilitation credits gain-time shall
  180  be credited and applied monthly.
  181         2. For sentences imposed for offenses committed on or after
  182  January 1, 1994, and before October 1, 1995:
  183         a. For offenses ranked in offense severity levels 1 through
  184  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
  185  of rehabilitation credits incentive gain-time may be granted. If
  186  granted, such rehabilitation credits gain-time shall be credited
  187  and applied monthly.
  188         b. For offenses ranked in offense severity levels 8, 9, and
  189  10, under former s. 921.0012 or former s. 921.0013, up to 20
  190  days of rehabilitation credits incentive gain-time may be
  191  granted. If granted, such rehabilitation credits gain-time shall
  192  be credited and applied monthly.
  193         3. For sentences imposed for offenses committed on or after
  194  October 1, 1995, the department may grant up to 10 days per
  195  month of incentive gain-time.
  196         (c) A prisoner An inmate who performs some outstanding
  197  deed, such as saving a life or assisting in recapturing an
  198  escaped prisoner inmate, or who in some manner performs an
  199  outstanding service that would merit the granting of additional
  200  deductions from the term of his or her sentence may be granted
  201  an outstanding deed award meritorious gain-time of from 30 1 to
  202  60 days per outstanding deed performed.
  203         (d) Notwithstanding the monthly maximum awards of
  204  rehabilitation credits under subparagraphs (b)1. and 2.,
  205  incentive gain-time under subparagraphs (b)1., 2., and 3., the
  206  education program manager shall recommend, and the department of
  207  Corrections may grant, to a prisoner who is otherwise eligible,
  208  a one-time award of 60 additional days of rehabilitation credits
  209  for each of the following successfully completed by a prisoner:
  210  incentive gain-time to an inmate who is otherwise eligible and
  211  who successfully completes requirements for and is, or has been
  212  during the current commitment, awarded a high school equivalency
  213  diploma, a college degree, a or vocational certificate, a drug
  214  treatment program, a life skills program, a reentry program, or
  215  other evidence-based program approved by the department that
  216  serves the purpose of reducing recidivism and assisting a
  217  prisoner reintegrate into society. For purposes of this
  218  paragraph, a “life skills program” means a program, approved by
  219  the department, which consists of at least 60 hours designed to
  220  reduce recidivism by addressing, at a minimum, education, job
  221  skill, interpersonal skills, stress and anger management, and
  222  personal development. Additionally, the department shall grant 5
  223  additional days of rehabilitation credits for successful
  224  completion of any other department-approved program, including
  225  prisoner-developed programs or a passing grade in each online or
  226  in-person educational course, as approved by the department.
  227  Rehabilitation credits under this paragraph are retroactive.
  228         (e)Notwithstanding the monthly maximum awards of
  229  rehabilitation credits under subparagraphs (b)1. and 2., the
  230  department may grant up to 2 additional days per month of good
  231  behavior time to prisoners serving sentences for violations of
  232  s. 893.13 or s. 893.135. Good behavior time under this paragraph
  233  is retroactive Under no circumstances may an inmate receive more
  234  than 60 days for educational attainment pursuant to this
  235  section.
  236         (f)(e) Notwithstanding subparagraph (b)1. subparagraph
  237  (b)3., for sentences imposed for offenses committed on or after
  238  October 1, 2014, the department may not grant rehabilitation
  239  credits incentive gain-time if the offense is a violation of s.
  240  782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
  241  3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
  242  825.1025; or s. 847.0135(5).
  243         (g)1.(f)A prisoner An inmate who is subject to this
  244  subsection and who is serving a sentence imposed for an offense
  245  committed on or after October 1, 1995, subparagraph (b)3. is not
  246  eligible to earn or receive gain-time good behavior time or
  247  outstanding deed awards under paragraph (a), paragraph (b),
  248  paragraph (c), or paragraph (d) or any other type of gain-time
  249  in an amount that would cause a sentence to expire, end, or
  250  terminate, or that would result in a prisoner’s release, before
  251  he or she serves prior to serving a minimum of 85 percent of the
  252  sentence imposed.
  253         2.A prisoner who is subject to this subsection may not
  254  earn or receive rehabilitation credits in an amount that would
  255  cause a sentence to expire, end, or terminate, or that would
  256  result in a prisoner’s release, before he or she serves a
  257  minimum of 65 percent of the sentence imposed.
  258         3. For purposes of this paragraph, credits awarded by the
  259  court for time physically incarcerated shall be credited toward
  260  satisfaction of 85 percent of the sentence imposed. Except as
  261  provided by this section, a prisoner serving a sentence imposed
  262  for an offense committed on or after October 1, 1995, may not
  263  accumulate further good behavior time gain-time awards at any
  264  point when the tentative release date is the same as that date
  265  at which the prisoner will have served 85 percent of the
  266  sentence imposed. A prisoner may not accumulate further
  267  rehabilitation credits or outstanding deed awards at any point
  268  when the tentative release date is the same as that date at
  269  which the prisoner will have served 65 percent of the sentence
  270  imposed. State prisoners sentenced to life imprisonment shall be
  271  incarcerated for the rest of their natural lives, unless granted
  272  pardon or clemency.
  273         (5) If When a prisoner is found guilty of an infraction of
  274  the laws of this state or the rules of the department, gain-time
  275  may be forfeited according to law after due process.
  276         (6)(a) Good behavior time Basic gain-time under this
  277  section shall be computed on and applied to all sentences
  278  imposed for offenses committed on or after July 1, 1978, and
  279  before January 1, 1994.
  280         (b) All good behavior time, rehabilitation credits, and
  281  outstanding deed awards are incentive and meritorious gain-time
  282  is granted according to this section.
  283         (c) All additional gain-time previously awarded under
  284  former subsections (2) and (3) and all forfeitures ordered
  285  before prior to the effective date of the act that created this
  286  section shall remain in effect and be applied in establishing an
  287  initial tentative release date.
  288         (7) The department shall adopt rules to implement the
  289  granting, forfeiture, restoration, and deletion of good behavior
  290  time, rehabilitation credits, and outstanding deed awards, gain
  291  time.
  292         Section 5. Subsection (2) of section 316.027, Florida
  293  Statutes, is amended to read:
  294         316.027 Crash involving death or personal injuries.—
  295         (2)(a) The driver of a vehicle involved in a crash
  296  occurring on public or private property which results in injury
  297  to a person other than serious bodily injury shall immediately
  298  stop the vehicle at the scene of the crash, or as close thereto
  299  as possible, and shall remain at the scene of the crash until he
  300  or she has fulfilled the requirements of s. 316.062. A person
  301  who willfully violates this paragraph commits a felony of the
  302  third degree, punishable as provided in s. 775.082, s. 775.083,
  303  or s. 775.084.
  304         (b) The driver of a vehicle involved in a crash occurring
  305  on public or private property which results in serious bodily
  306  injury to a person shall immediately stop the vehicle at the
  307  scene of the crash, or as close thereto as possible, and shall
  308  remain at the scene of the crash until he or she has fulfilled
  309  the requirements of s. 316.062. A person who willfully violates
  310  this paragraph commits a felony of the second degree, punishable
  311  as provided in s. 775.082, s. 775.083, or s. 775.084.
  312         (c) The driver of a vehicle involved in a crash occurring
  313  on public or private property which results in the death of a
  314  person shall immediately stop the vehicle at the scene of the
  315  crash, or as close thereto as possible, and shall remain at the
  316  scene of the crash until he or she has fulfilled the
  317  requirements of s. 316.062. A person who is arrested for a
  318  violation of this paragraph and who has previously been
  319  convicted of a violation of this section, s. 316.061, s.
  320  316.191, or s. 316.193, or a felony violation of s. 322.34,
  321  shall be held in custody until brought before the court for
  322  admittance to bail in accordance with chapter 903. A person who
  323  willfully violates this paragraph commits a felony of the first
  324  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  325  775.084, and shall be sentenced to a mandatory minimum term of
  326  imprisonment of 4 years. A person who willfully commits such a
  327  violation while driving under the influence as set forth in s.
  328  316.193(1) shall be sentenced to a mandatory minimum term of
  329  imprisonment of 4 years.
  330         (d) Notwithstanding s. 775.089(1)(a), if the driver of a
  331  vehicle violates paragraph (a), paragraph (b), or paragraph (c),
  332  the court shall order the driver to make restitution to the
  333  victim for any damage or loss unless the court finds clear and
  334  compelling reasons not to order the restitution. Restitution may
  335  be monetary or nonmonetary restitution. The court shall make the
  336  payment of restitution a condition of probation in accordance
  337  with s. 948.03. An order requiring the defendant to make
  338  restitution to a victim does not remove or diminish the
  339  requirement that the court order payment to the Crimes
  340  Compensation Trust Fund under chapter 960. Payment of an award
  341  by the Crimes Compensation Trust Fund creates an order of
  342  restitution to the Crimes Compensation Trust Fund unless
  343  specifically waived in accordance with s. 775.089(1)(b).
  344         (e) A driver who violates paragraph (a), paragraph (b), or
  345  paragraph (c) shall have his or her driver license revoked for
  346  at least 3 years as provided in s. 322.28(4).
  347         1. A person convicted of violating paragraph (a), paragraph
  348  (b), or paragraph (c) shall, before his or her driving privilege
  349  may be reinstated, present to the department proof of completion
  350  of a victim’s impact panel session in a judicial circuit if such
  351  a panel exists, or if such a panel does not exist, a department
  352  approved driver improvement course relating to the rights of
  353  vulnerable road users relative to vehicles on the roadway as
  354  provided in s. 322.0261(2).
  355         2. The department may reinstate an offender’s driving
  356  privilege after he or she satisfies the 3-year revocation period
  357  as provided in s. 322.28(4) and successfully completes either a
  358  victim’s impact panel session or a department-approved driver
  359  improvement course relating to the rights of vulnerable road
  360  users relative to vehicles on the roadway as provided in s.
  361  322.0261(2).
  362         3. For purposes of this paragraph, an offender’s driving
  363  privilege may be reinstated only after the department verifies
  364  that the offender participated in and successfully completed a
  365  victim’s impact panel session or a department-approved driver
  366  improvement course.
  367         (f) For purposes of sentencing under chapter 921 and
  368  determining incentive gain-time eligibility for rehabilitation
  369  credits under chapter 944, an offense listed in this subsection
  370  is ranked one level above the ranking specified in s. 921.0022
  371  or s. 921.0023 for the offense committed if the victim of the
  372  offense was a vulnerable road user.
  373         (g) The defendant may move to depart from the mandatory
  374  minimum term of imprisonment prescribed in paragraph (c) unless
  375  the violation was committed while the defendant was driving
  376  under the influence. The state may object to this departure. The
  377  court may grant the motion only if it finds that a factor,
  378  consideration, or circumstance clearly demonstrates that
  379  imposing a mandatory minimum term of imprisonment would
  380  constitute or result in an injustice. The court shall state in
  381  open court the basis for granting the motion.
  382         Section 6. Section 775.0845, Florida Statutes, is amended
  383  to read:
  384         775.0845 Wearing mask while committing offense;
  385  reclassification.—The felony or misdemeanor degree of any
  386  criminal offense, other than a violation of ss. 876.12-876.15,
  387  shall be reclassified to the next higher degree as provided in
  388  this section if, while committing the offense, the offender was
  389  wearing a hood, mask, or other device that concealed his or her
  390  identity.
  391         (1)(a) In the case of a misdemeanor of the second degree,
  392  the offense is reclassified to a misdemeanor of the first
  393  degree.
  394         (b) In the case of a misdemeanor of the first degree, the
  395  offense is reclassified to a felony of the third degree. For
  396  purposes of sentencing under chapter 921 and determining
  397  incentive gain-time eligibility for rehabilitation credits under
  398  chapter 944, such offense is ranked in level 2 of the offense
  399  severity ranking chart.
  400         (2)(a) In the case of a felony of the third degree, the
  401  offense is reclassified to a felony of the second degree.
  402         (b) In the case of a felony of the second degree, the
  403  offense is reclassified to a felony of the first degree.
  404  
  405  For purposes of sentencing under chapter 921 and determining
  406  incentive gain-time eligibility for rehabilitation credits under
  407  chapter 944, a felony offense that is reclassified under this
  408  subsection is ranked one level above the ranking under former s.
  409  921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the
  410  offense committed.
  411         Section 7. Section 775.0847, Florida Statutes, is amended
  412  to read:
  413         775.0847 Possession or promotion of certain images of child
  414  pornography; reclassification.—
  415         (1) For purposes of this section:
  416         (a) “Child” means any person, whose identity is known or
  417  unknown, less than 18 years of age.
  418         (b) “Child pornography” means any image depicting a minor
  419  engaged in sexual conduct.
  420         (c) “Sadomasochistic abuse” means flagellation or torture
  421  by or upon a person or the condition of being fettered, bound,
  422  or otherwise physically restrained, for the purpose of deriving
  423  sexual satisfaction, or satisfaction brought about as a result
  424  of sadistic violence, from inflicting harm on another or
  425  receiving such harm oneself.
  426         (d) “Sexual battery” means oral, anal, or vaginal
  427  penetration by, or union with, the sexual organ of another or
  428  the anal or vaginal penetration of another by any other object;
  429  however, sexual battery does not include an act done for a bona
  430  fide medical purpose.
  431         (e) “Sexual bestiality” means any sexual act, actual or
  432  simulated, between a person and an animal involving the sex
  433  organ of the one and the mouth, anus, or vagina of the other.
  434         (f) “Sexual conduct” means actual or simulated sexual
  435  intercourse, deviate sexual intercourse, sexual bestiality,
  436  masturbation, or sadomasochistic abuse; actual lewd exhibition
  437  of the genitals; actual physical contact with a person’s clothed
  438  or unclothed genitals, pubic area, buttocks, or, if such person
  439  is a female, breast with the intent to arouse or gratify the
  440  sexual desire of either party; or any act or conduct which
  441  constitutes sexual battery or simulates that sexual battery is
  442  being or will be committed. A mother’s breastfeeding of her baby
  443  does not under any circumstance constitute “sexual conduct.”
  444         (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or
  445  s. 847.0138 shall be reclassified to the next higher degree as
  446  provided in subsection (3) if:
  447         (a) The offender possesses 10 or more images of any form of
  448  child pornography regardless of content; and
  449         (b) The content of at least one image contains one or more
  450  of the following:
  451         1. A child who is younger than the age of 5.
  452         2. Sadomasochistic abuse involving a child.
  453         3. Sexual battery involving a child.
  454         4. Sexual bestiality involving a child.
  455         5. Any movie involving a child, regardless of length and
  456  regardless of whether the movie contains sound.
  457         (3)(a) In the case of a felony of the third degree, the
  458  offense is reclassified to a felony of the second degree.
  459         (b) In the case of a felony of the second degree, the
  460  offense is reclassified to a felony of the first degree.
  461  
  462  For purposes of sentencing under chapter 921 and determining
  463  incentive gain-time eligibility for rehabilitation credits under
  464  chapter 944, a felony offense that is reclassified under this
  465  section is ranked one level above the ranking under s. 921.0022
  466  or s. 921.0023 of the offense committed.
  467         Section 8. Section 775.0861, Florida Statutes, is amended
  468  to read:
  469         775.0861 Offenses against persons on the grounds of
  470  religious institutions; reclassification.—
  471         (1) For purposes of this section, the term:
  472         (a) “Religious institution” is as defined in s. 496.404.
  473         (b) “Religious service” is a religious ceremony, prayer, or
  474  other activity according to a form and order prescribed for
  475  worship, including a service related to a particular occasion.
  476         (2) The felony or misdemeanor degree of any violation of:
  477         (a) Section 784.011, relating to assault;
  478         (b) Section 784.021, relating to aggravated assault;
  479         (c) Section 784.03, relating to battery;
  480         (d) Section 784.041, relating to felony battery;
  481         (e) A statute defining any offense listed in s.
  482  775.084(1)(b)1.; or
  483         (f) Any other statute defining an offense that involves the
  484  use or threat of physical force or violence against any
  485  individual
  486  
  487  shall be reclassified as provided in this section if the offense
  488  is committed on the property of a religious institution while
  489  the victim is on the property for the purpose of participating
  490  in or attending a religious service.
  491         (3)(a) In the case of a misdemeanor of the second degree,
  492  the offense is reclassified to a misdemeanor of the first
  493  degree.
  494         (b) In the case of a misdemeanor of the first degree, the
  495  offense is reclassified to a felony of the third degree. For
  496  purposes of sentencing under chapter 921, such offense is ranked
  497  in level 2 of the offense severity ranking chart.
  498         (c) In the case of a felony of the third degree, the
  499  offense is reclassified to a felony of the second degree.
  500         (d) In the case of a felony of the second degree, the
  501  offense is reclassified to a felony of the first degree.
  502         (e) In the case of a felony of the first degree, the
  503  offense is reclassified to a life felony.
  504  
  505  For purposes of sentencing under chapter 921 and determining
  506  incentive gain-time eligibility for rehabilitation credits under
  507  chapter 944, a felony offense that is reclassified under this
  508  subsection is ranked one level above the ranking under s.
  509  921.0022 or s. 921.0023 of the offense committed.
  510         Section 9. Section 775.0862, Florida Statutes, is amended
  511  to read:
  512         775.0862 Sexual offenses against students by authority
  513  figures; reclassification.—
  514         (1) As used in this section, the term:
  515         (a) “Authority figure” means a person 18 years of age or
  516  older who is employed by, volunteering at, or under contract
  517  with a school.
  518         (b) “School” has the same meaning as provided in s. 1003.01
  519  and includes a private school as defined in s. 1002.01, a
  520  voluntary prekindergarten education program as described in s.
  521  1002.53(3), early learning programs, a public school as
  522  described in s. 402.3025(1), the Florida School for the Deaf and
  523  the Blind, and the Florida Virtual School established under s.
  524  1002.37. The term does not include facilities dedicated
  525  exclusively to the education of adults.
  526         (c) “Student” means a person younger than 18 years of age
  527  who is enrolled at a school.
  528         (2) The felony degree of a violation of an offense listed
  529  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
  530  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
  531  as provided in this section if the offense is committed by an
  532  authority figure of a school against a student of the school.
  533         (3)(a) In the case of a felony of the third degree, the
  534  offense is reclassified to a felony of the second degree.
  535         (b) In the case of a felony of the second degree, the
  536  offense is reclassified to a felony of the first degree.
  537         (c) In the case of a felony of the first degree, the
  538  offense is reclassified to a life felony.
  539  
  540  For purposes of sentencing under chapter 921 and determining
  541  incentive gain-time eligibility for rehabilitation credits under
  542  chapter 944, a felony offense that is reclassified under this
  543  subsection is ranked one level above the ranking under s.
  544  921.0022 or s. 921.0023 of the offense committed.
  545         Section 10. Subsections (1) and (3) of section 775.087,
  546  Florida Statutes, are amended to read:
  547         775.087 Possession or use of weapon; aggravated battery;
  548  felony reclassification; minimum sentence.—
  549         (1) Unless otherwise provided by law, whenever a person is
  550  charged with a felony, except a felony in which the use of a
  551  weapon or firearm is an essential element, and during the
  552  commission of such felony the defendant carries, displays, uses,
  553  threatens to use, or attempts to use any weapon or firearm, or
  554  during the commission of such felony the defendant commits an
  555  aggravated battery, the felony for which the person is charged
  556  shall be reclassified as follows:
  557         (a) In the case of a felony of the first degree, to a life
  558  felony.
  559         (b) In the case of a felony of the second degree, to a
  560  felony of the first degree.
  561         (c) In the case of a felony of the third degree, to a
  562  felony of the second degree.
  563  
  564  For purposes of sentencing under chapter 921 and determining
  565  incentive gain-time eligibility for rehabilitation credits under
  566  chapter 944, a felony offense which is reclassified under this
  567  section is ranked one level above the ranking under s. 921.0022
  568  or s. 921.0023 of the felony offense committed.
  569         (3)(a)1. Any person who is convicted of a felony or an
  570  attempt to commit a felony, regardless of whether the use of a
  571  firearm is an element of the felony, and the conviction was for:
  572         a. Murder;
  573         b. Sexual battery;
  574         c. Robbery;
  575         d. Burglary;
  576         e. Arson;
  577         f. Aggravated battery;
  578         g. Kidnapping;
  579         h. Escape;
  580         i. Sale, manufacture, delivery, or intent to sell,
  581  manufacture, or deliver any controlled substance;
  582         j. Aircraft piracy;
  583         k. Aggravated child abuse;
  584         l. Aggravated abuse of an elderly person or disabled adult;
  585         m. Unlawful throwing, placing, or discharging of a
  586  destructive device or bomb;
  587         n. Carjacking;
  588         o. Home-invasion robbery;
  589         p. Aggravated stalking; or
  590         q. Trafficking in cannabis, trafficking in cocaine, capital
  591  importation of cocaine, trafficking in illegal drugs, capital
  592  importation of illegal drugs, trafficking in phencyclidine,
  593  capital importation of phencyclidine, trafficking in
  594  methaqualone, capital importation of methaqualone, trafficking
  595  in amphetamine, capital importation of amphetamine, trafficking
  596  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  597  (GHB), trafficking in 1,4-Butanediol, trafficking in
  598  Phenethylamines, or other violation of s. 893.135(1);
  599  
  600  and during the commission of the offense, such person possessed
  601  a semiautomatic firearm and its high-capacity detachable box
  602  magazine or a machine gun as defined in s. 790.001, shall be
  603  sentenced to a minimum term of imprisonment of 15 years.
  604         2. Any person who is convicted of a felony or an attempt to
  605  commit a felony listed in subparagraph (a)1., regardless of
  606  whether the use of a weapon is an element of the felony, and
  607  during the course of the commission of the felony such person
  608  discharged a semiautomatic firearm and its high-capacity box
  609  magazine or a “machine gun” as defined in s. 790.001 shall be
  610  sentenced to a minimum term of imprisonment of 20 years.
  611         3. Any person who is convicted of a felony or an attempt to
  612  commit a felony listed in subparagraph (a)1., regardless of
  613  whether the use of a weapon is an element of the felony, and
  614  during the course of the commission of the felony such person
  615  discharged a semiautomatic firearm and its high-capacity box
  616  magazine or a “machine gun” as defined in s. 790.001 and, as the
  617  result of the discharge, death or great bodily harm was
  618  inflicted upon any person, the convicted person shall be
  619  sentenced to a minimum term of imprisonment of not less than 25
  620  years and not more than a term of imprisonment of life in
  621  prison.
  622         (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
  623  (a)3. does not prevent a court from imposing a longer sentence
  624  of incarceration as authorized by law in addition to the minimum
  625  mandatory sentence, or from imposing a sentence of death
  626  pursuant to other applicable law. Subparagraph (a)1.,
  627  subparagraph (a)2., or subparagraph (a)3. does not authorize a
  628  court to impose a lesser sentence than otherwise required by
  629  law.
  630  
  631  Notwithstanding s. 948.01, adjudication of guilt or imposition
  632  of sentence shall not be suspended, deferred, or withheld, and
  633  the defendant is not eligible for statutory gain-time under s.
  634  944.275 or any form of discretionary early release, other than
  635  pardon or executive clemency, or conditional medical release
  636  under s. 947.149, prior to serving the minimum sentence.
  637         (c) If the minimum mandatory terms of imprisonment imposed
  638  pursuant to this section exceed the maximum sentences authorized
  639  by s. 775.082, s. 775.084, or the Criminal Punishment Code under
  640  chapter 921, then the mandatory minimum sentence must be
  641  imposed. If the mandatory minimum terms of imprisonment pursuant
  642  to this section are less than the sentences that could be
  643  imposed as authorized by s. 775.082, s. 775.084, or the Criminal
  644  Punishment Code under chapter 921, then the sentence imposed by
  645  the court must include the mandatory minimum term of
  646  imprisonment as required in this section.
  647         (d) It is the intent of the Legislature that offenders who
  648  possess, carry, display, use, threaten to use, or attempt to use
  649  a semiautomatic firearm and its high-capacity detachable box
  650  magazine or a machine gun as defined in s. 790.001 be punished
  651  to the fullest extent of the law, and the minimum terms of
  652  imprisonment imposed pursuant to this subsection shall be
  653  imposed for each qualifying felony count for which the person is
  654  convicted. The court shall impose any term of imprisonment
  655  provided for in this subsection consecutively to any other term
  656  of imprisonment imposed for any other felony offense.
  657         (e) As used in this subsection, the term:
  658         1. “High-capacity detachable box magazine” means any
  659  detachable box magazine, for use in a semiautomatic firearm,
  660  which is capable of being loaded with more than 20 centerfire
  661  cartridges.
  662         2. “Semiautomatic firearm” means a firearm which is capable
  663  of firing a series of rounds by separate successive depressions
  664  of the trigger and which uses the energy of discharge to perform
  665  a portion of the operating cycle.
  666         Section 11. Section 775.0875, Florida Statutes, is amended
  667  to read:
  668         775.0875 Unlawful taking, possession, or use of law
  669  enforcement officer’s firearm; crime reclassification;
  670  penalties.—
  671         (1) A person who, without authorization, takes a firearm
  672  from a law enforcement officer lawfully engaged in law
  673  enforcement duties commits a felony of the third degree,
  674  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  675         (2) If a person violates subsection (1) and commits any
  676  other crime involving the firearm taken from the law enforcement
  677  officer, such crime shall be reclassified as follows:
  678         (a)1. In the case of a felony of the first degree, to a
  679  life felony.
  680         2. In the case of a felony of the second degree, to a
  681  felony of the first degree.
  682         3. In the case of a felony of the third degree, to a felony
  683  of the second degree.
  684  
  685  For purposes of sentencing under chapter 921 and determining
  686  incentive gain-time eligibility for rehabilitation credits under
  687  chapter 944, a felony offense that is reclassified under this
  688  paragraph is ranked one level above the ranking under s.
  689  921.0022 or s. 921.0023 of the felony offense committed.
  690         (b) In the case of a misdemeanor, to a felony of the third
  691  degree. For purposes of sentencing under chapter 921 and
  692  determining incentive gain-time eligibility for rehabilitation
  693  credits under chapter 944, such offense is ranked in level 2 of
  694  the offense severity ranking chart.
  695         (3) A person who possesses a firearm that he or she knows
  696  was unlawfully taken from a law enforcement officer commits a
  697  misdemeanor of the first degree, punishable as provided in s.
  698  775.082 or s. 775.083.
  699         Section 12. Section 777.03, Florida Statutes, is amended to
  700  read:
  701         777.03 Accessory after the fact.—
  702         (1)(a) Any person not standing in the relation of husband
  703  or wife, parent or grandparent, child or grandchild, brother or
  704  sister, by consanguinity or affinity to the offender, who
  705  maintains or assists the principal or an accessory before the
  706  fact, or gives the offender any other aid, knowing that the
  707  offender had committed a crime and such crime was a third degree
  708  felony, or had been an accessory thereto before the fact, with
  709  the intent that the offender avoids or escapes detection,
  710  arrest, trial, or punishment, is an accessory after the fact.
  711         (b) Any person who maintains or assists the principal or
  712  accessory before the fact, or gives the offender any other aid,
  713  knowing that the offender had committed the offense of child
  714  abuse, neglect of a child, aggravated child abuse, aggravated
  715  manslaughter of a child under 18 years of age, or murder of a
  716  child under 18 years of age, or had been an accessory thereto
  717  before the fact, with the intent that the offender avoids or
  718  escapes detection, arrest, trial, or punishment, is an accessory
  719  after the fact unless the court finds that the person is a
  720  victim of domestic violence.
  721         (c) Any person who maintains or assists the principal or an
  722  accessory before the fact, or gives the offender any other aid,
  723  knowing that the offender had committed a crime and such crime
  724  was a capital, life, first degree, or second degree felony, or
  725  had been an accessory thereto before the fact, with the intent
  726  that the offender avoids or escapes detection, arrest, trial, or
  727  punishment, is an accessory after the fact.
  728         (2)(a) If the felony offense committed is a capital felony,
  729  the offense of accessory after the fact is a felony of the first
  730  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  731  775.084.
  732         (b) If the felony offense committed is a life felony or a
  733  felony of the first degree, the offense of accessory after the
  734  fact is a felony of the second degree, punishable as provided in
  735  s. 775.082, s. 775.083, or s. 775.084.
  736         (c) If the felony offense committed is a felony of the
  737  second degree or a felony of the third degree ranked in level 3,
  738  4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the
  739  offense of accessory after the fact is a felony of the third
  740  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  741  775.084.
  742         (d) If the felony offense committed is a felony of the
  743  third degree ranked in level 1 or level 2 under s. 921.0022 or
  744  s. 921.0023, the offense of accessory after the fact is a
  745  misdemeanor of the first degree, punishable as provided in s.
  746  775.082, s. 775.083, or s. 775.084.
  747         (3) Except as otherwise provided in s. 921.0022, for
  748  purposes of sentencing under chapter 921 and determining
  749  incentive gain-time eligibility for rehabilitation credits under
  750  chapter 944, the offense of accessory after the fact is ranked
  751  two levels below the ranking under s. 921.0022 or s. 921.0023 of
  752  the felony offense committed.
  753         Section 13. Section 777.04, Florida Statutes, is amended to
  754  read:
  755         777.04 Attempts, solicitation, and conspiracy.—
  756         (1) A person who attempts to commit an offense prohibited
  757  by law and in such attempt does any act toward the commission of
  758  such offense, but fails in the perpetration or is intercepted or
  759  prevented in the execution thereof, commits the offense of
  760  criminal attempt, ranked for purposes of sentencing as provided
  761  in subsection (4). Criminal attempt includes the act of an adult
  762  who, with intent to commit an offense prohibited by law,
  763  allures, seduces, coaxes, or induces a child under the age of 12
  764  to engage in an offense prohibited by law.
  765         (2) A person who solicits another to commit an offense
  766  prohibited by law and in the course of such solicitation
  767  commands, encourages, hires, or requests another person to
  768  engage in specific conduct which would constitute such offense
  769  or an attempt to commit such offense commits the offense of
  770  criminal solicitation, ranked for purposes of sentencing as
  771  provided in subsection (4).
  772         (3) A person who agrees, conspires, combines, or
  773  confederates with another person or persons to commit any
  774  offense commits the offense of criminal conspiracy, ranked for
  775  purposes of sentencing as provided in subsection (4).
  776         (4)(a) Except as otherwise provided in ss. 104.091(2),
  777  379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,
  778  the offense of criminal attempt, criminal solicitation, or
  779  criminal conspiracy is ranked for purposes of sentencing under
  780  chapter 921 and determining incentive gain-time eligibility for
  781  rehabilitation credits under chapter 944 one level below the
  782  ranking under s. 921.0022 or s. 921.0023 of the offense
  783  attempted, solicited, or conspired to. If the criminal attempt,
  784  criminal solicitation, or criminal conspiracy is of an offense
  785  ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023,
  786  such offense is a misdemeanor of the first degree, punishable as
  787  provided in s. 775.082 or s. 775.083.
  788         (b) If the offense attempted, solicited, or conspired to is
  789  a capital felony, the offense of criminal attempt, criminal
  790  solicitation, or criminal conspiracy is a felony of the first
  791  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  792  775.084.
  793         (c) Except as otherwise provided in s. 893.135(5), if the
  794  offense attempted, solicited, or conspired to is a life felony
  795  or a felony of the first degree, the offense of criminal
  796  attempt, criminal solicitation, or criminal conspiracy is a
  797  felony of the second degree, punishable as provided in s.
  798  775.082, s. 775.083, or s. 775.084.
  799         (d) Except as otherwise provided in s. 104.091(2), s.
  800  379.2431(1), s. 828.125(2), or s. 849.25(4), if the offense
  801  attempted, solicited, or conspired to is a:
  802         1. Felony of the second degree;
  803         2. Burglary that is a felony of the third degree; or
  804         3. Felony of the third degree ranked in level 3, 4, 5, 6,
  805  7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
  806  
  807  the offense of criminal attempt, criminal solicitation, or
  808  criminal conspiracy is a felony of the third degree, punishable
  809  as provided in s. 775.082, s. 775.083, or s. 775.084.
  810         (e) Except as otherwise provided in s. 104.091(2), s.
  811  379.2431(1), s. 849.25(4), or paragraph (d), if the offense
  812  attempted, solicited, or conspired to is a felony of the third
  813  degree, the offense of criminal attempt, criminal solicitation,
  814  or criminal conspiracy is a misdemeanor of the first degree,
  815  punishable as provided in s. 775.082 or s. 775.083.
  816         (f) Except as otherwise provided in s. 104.091(2), if the
  817  offense attempted, solicited, or conspired to is a misdemeanor
  818  of the first or second degree, the offense of criminal attempt,
  819  criminal solicitation, or criminal conspiracy is a misdemeanor
  820  of the second degree, punishable as provided in s. 775.082 or s.
  821  775.083.
  822         (5) It is a defense to a charge of criminal attempt,
  823  criminal solicitation, or criminal conspiracy that, under
  824  circumstances manifesting a complete and voluntary renunciation
  825  of his or her criminal purpose, the defendant:
  826         (a) Abandoned his or her attempt to commit the offense or
  827  otherwise prevented its commission;
  828         (b) After soliciting another person to commit an offense,
  829  persuaded such other person not to do so or otherwise prevented
  830  commission of the offense; or
  831         (c) After conspiring with one or more persons to commit an
  832  offense, persuaded such persons not to do so or otherwise
  833  prevented commission of the offense.
  834         Section 14. Subsection (7) of section 794.011, Florida
  835  Statutes, is amended to read:
  836         794.011 Sexual battery.—
  837         (7) A person who is convicted of committing a sexual
  838  battery on or after October 1, 1992, is not eligible for good
  839  behavior basic gain-time under s. 944.275. This subsection may
  840  be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
  841         Section 15. Section 794.023, Florida Statutes, is amended
  842  to read:
  843         794.023 Sexual battery by multiple perpetrators;
  844  reclassification of offenses.—
  845         (1) The Legislature finds that an act of sexual battery,
  846  when committed by more than one person, presents a great danger
  847  to the public and is extremely offensive to civilized society.
  848  It is therefore the intent of the Legislature to reclassify
  849  offenses for acts of sexual battery committed by more than one
  850  person.
  851         (2) A violation of s. 794.011 shall be reclassified as
  852  provided in this subsection if it is charged and proven by the
  853  prosecution that, during the same criminal transaction or
  854  episode, more than one person committed an act of sexual battery
  855  on the same victim.
  856         (a) A felony of the second degree is reclassified to a
  857  felony of the first degree.
  858         (b) A felony of the first degree is reclassified to a life
  859  felony.
  860  
  861         This subsection does not apply to life felonies or capital
  862  felonies. For purposes of sentencing under chapter 921 and
  863  determining incentive gain-time eligibility for rehabilitation
  864  credits under chapter 944, a felony offense that is reclassified
  865  under this subsection is ranked one level above the ranking
  866  under s. 921.0022 or s. 921.0023 of the offense committed.
  867         Section 16. Subsection (5) of section 817.568, Florida
  868  Statutes, is amended to read:
  869         817.568 Criminal use of personal identification
  870  information.—
  871         (5) If an offense prohibited under this section was
  872  facilitated or furthered by the use of a public record, as
  873  defined in s. 119.011, the offense is reclassified to the next
  874  higher degree as follows:
  875         (a) A misdemeanor of the first degree is reclassified as a
  876  felony of the third degree.
  877         (b) A felony of the third degree is reclassified as a
  878  felony of the second degree.
  879         (c) A felony of the second degree is reclassified as a
  880  felony of the first degree.
  881  
  882  For purposes of sentencing under chapter 921 and incentive gain
  883  time eligibility for rehabilitation credits under chapter 944, a
  884  felony offense that is reclassified under this subsection is
  885  ranked one level above the ranking under s. 921.0022 of the
  886  felony offense committed, and a misdemeanor offense that is
  887  reclassified under this subsection is ranked in level 2 of the
  888  offense severity ranking chart in s. 921.0022.
  889         Section 17. Subsection (3) of section 831.032, Florida
  890  Statutes, is amended to read:
  891         831.032 Offenses involving forging or counterfeiting
  892  private labels.—
  893         (3)(a) Violation of subsection (1) or subsection (2) is a
  894  misdemeanor of the first degree, punishable as provided in s.
  895  775.082 or s. 775.083, except that:
  896         1. A violation of subsection (1) or subsection (2) is a
  897  felony of the third degree, punishable as provided in s.
  898  775.082, s. 775.083, or s. 775.084, if the offense involves 100
  899  or more but less than 1,000 items bearing one or more
  900  counterfeit marks or if the goods involved in the offense have a
  901  total retail value of more than $2,500, but less than $20,000.
  902         2. A violation of subsection (1) or subsection (2) is a
  903  felony of the second degree, punishable as provided in s.
  904  775.082, s. 775.083, or s. 775.084, if the offense involves
  905  1,000 or more items bearing one or more counterfeit marks or if
  906  the goods involved in the offense have a total retail value of
  907  $20,000 or more.
  908         3. A violation of subsection (1) or subsection (2) is a
  909  felony of the third degree, punishable as provided in s.
  910  775.082, s. 775.083, or s. 775.084 if, during the commission or
  911  as a result of the commission of the offense, the person
  912  engaging in the offense knowingly or by culpable negligence
  913  causes or allows to be caused bodily injury to another.
  914         4. A violation of subsection (1) or subsection (2) is a
  915  felony of the second degree, punishable as provided in s.
  916  775.082, s. 775.083, or s. 775.084 if, during the commission or
  917  as a result of the commission of the offense, the person
  918  engaging in the offense knowingly or by culpable negligence
  919  causes or allows to be caused serious bodily injury to another.
  920         5. A violation of subsection (1) or subsection (2) is a
  921  felony of the first degree, punishable as provided in s.
  922  775.082, s. 775.083, or s. 775.084 if, during the commission or
  923  as a result of the commission of the offense, the person
  924  engaging in the offense knowingly or by culpable negligence
  925  causes or allows to be caused death to another.
  926         (b) For any person who, having previously been convicted
  927  for an offense under this section, is subsequently convicted for
  928  another offense under this section, such subsequent offense
  929  shall be reclassified as follows:
  930         1. In the case of a felony of the second degree, to a
  931  felony of the first degree.
  932         2. In the case of a felony of the third degree, to a felony
  933  of the second degree.
  934         3. In the case of a misdemeanor of the first degree, to a
  935  felony of the third degree. For purposes of sentencing under
  936  chapter 921 and determining incentive gain-time eligibility
  937  under chapter 944, such offense is ranked in level 4 of the
  938  offense severity ranking chart.
  939  
  940  For purposes of sentencing under chapter 921 and determining
  941  incentive gain-time eligibility for rehabilitation credits under
  942  chapter 944, a felony offense that is reclassified under this
  943  paragraph is ranked one level above the ranking under s.
  944  921.0022 or s. 921.0023 of the felony offense committed.
  945         (c) In lieu of a fine otherwise authorized by law, when any
  946  person has been convicted of an offense under this section, the
  947  court may fine the person up to three times the retail value of
  948  the goods seized, manufactured, or sold, whichever is greater,
  949  and may enter orders awarding court costs and the costs of
  950  investigation and prosecution, reasonably incurred. The court
  951  shall hold a hearing to determine the amount of the fine
  952  authorized by this paragraph.
  953         (d) When a person is convicted of an offense under this
  954  section, the court, pursuant to s. 775.089, shall order the
  955  person to pay restitution to the trademark owner and any other
  956  victim of the offense. In determining the value of the property
  957  loss to the trademark owner, the court shall include expenses
  958  incurred by the trademark owner in the investigation or
  959  prosecution of the offense as well as the disgorgement of any
  960  profits realized by a person convicted of the offense.
  961         Section 18. Section 843.22, Florida Statutes, is amended to
  962  read:
  963         843.22 Traveling across county lines with intent to commit
  964  a burglary.—
  965         (1) As used in this section, the term:
  966         (a) “County of residence” means the county within this
  967  state in which a person resides. Evidence of a person’s county
  968  of residence includes, but is not limited to:
  969         1. The address on a person’s driver license or state
  970  identification card;
  971         2. Records of real property or mobile home ownership;
  972         3. Records of a lease agreement for residential property;
  973         4. The county in which a person’s motor vehicle is
  974  registered;
  975         5. The county in which a person is enrolled in an
  976  educational institution; and
  977         6. The county in which a person is employed.
  978         (b) “Burglary” means burglary as defined in s. 810.02,
  979  including an attempt, solicitation, or conspiracy to commit such
  980  offense.
  981         (2) If a person who commits a burglary travels any distance
  982  with the intent to commit the burglary in a county in this state
  983  other than the person’s county of residence, the degree of the
  984  burglary shall be reclassified to the next higher degree if the
  985  purpose of the person’s travel is to thwart law enforcement
  986  attempts to track the items stolen in the burglary. For purposes
  987  of sentencing under chapter 921 and determining incentive gain
  988  time eligibility for rehabilitation credits under chapter 944, a
  989  burglary that is reclassified under this section is ranked one
  990  level above the ranking specified in s. 921.0022 or s. 921.0023
  991  for the burglary committed.
  992         Section 19. Section 874.04, Florida Statutes, is amended to
  993  read:
  994         874.04 Gang-related offenses; enhanced penalties.—Upon a
  995  finding by the factfinder that the defendant committed the
  996  charged offense for the purpose of benefiting, promoting, or
  997  furthering the interests of a criminal gang, the penalty for any
  998  felony or misdemeanor, or any delinquent act or violation of law
  999  which would be a felony or misdemeanor if committed by an adult,
 1000  may be enhanced. Penalty enhancement affects the applicable
 1001  statutory maximum penalty only. Each of the findings required as
 1002  a basis for such sentence shall be found beyond a reasonable
 1003  doubt. The enhancement will be as follows:
 1004         (1)(a) A misdemeanor of the second degree may be punished
 1005  as if it were a misdemeanor of the first degree.
 1006         (b) A misdemeanor of the first degree may be punished as if
 1007  it were a felony of the third degree. For purposes of sentencing
 1008  under chapter 921 and determining incentive gain-time
 1009  eligibility under chapter 944, such offense is ranked in level 1
 1010  of the offense severity ranking chart. The criminal gang
 1011  multiplier in s. 921.0024 does not apply to misdemeanors
 1012  enhanced under this paragraph.
 1013         (2)(a) A felony of the third degree may be punished as if
 1014  it were a felony of the second degree.
 1015         (b) A felony of the second degree may be punished as if it
 1016  were a felony of the first degree.
 1017         (c) A felony of the first degree may be punished as if it
 1018  were a life felony.
 1019  
 1020  For purposes of sentencing under chapter 921 and determining
 1021  incentive gain-time eligibility for rehabilitation credits under
 1022  chapter 944, such felony offense is ranked as provided in s.
 1023  921.0022 or s. 921.0023, and without regard to the penalty
 1024  enhancement in this subsection.
 1025         Section 20. Section 944.281, Florida Statutes, is amended
 1026  to read:
 1027         944.281 Ineligibility to earn gain-time due to disciplinary
 1028  action.—The department may declare that a prisoner who commits a
 1029  violation of any law of the state or rule or regulation of the
 1030  department or institution on or after January 1, 1996, and who
 1031  is found guilty pursuant to s. 944.28(2), shall not be eligible
 1032  to earn rehabilitation credits incentive gain-time for up to 6
 1033  months following the month in which the violation occurred. The
 1034  department shall adopt rules to administer the provisions of
 1035  this section.
 1036         Section 21. Subsection (1) of section 944.473, Florida
 1037  Statutes, is amended to read:
 1038         944.473 Inmate substance abuse testing program.—
 1039         (1) RULES AND PROCEDURES.—The department shall establish
 1040  programs for random and reasonable suspicion drug and alcohol
 1041  testing by urinalysis or other noninvasive procedure for inmates
 1042  to effectively identify those inmates abusing drugs, alcohol, or
 1043  both. The department shall also adopt rules relating to fair,
 1044  economical, and accurate operations and procedures of a random
 1045  inmate substance abuse testing program and a reasonable
 1046  suspicion substance abuse testing program by urinalysis or other
 1047  noninvasive procedure which enumerate penalties for positive
 1048  test results, including but not limited to the forfeiture of
 1049  both good behavior time and rehabilitation credits basic and
 1050  incentive gain-time, and which do not limit the number of times
 1051  an inmate may be tested in any one fiscal or calendar year.
 1052         Section 22. Subsection (1) of section 944.70, Florida
 1053  Statutes, is amended to read:
 1054         944.70 Conditions for release from incarceration.—
 1055         (1)(a) A person who is convicted of a crime committed on or
 1056  after October 1, 1983, but before January 1, 1994, may be
 1057  released from incarceration only:
 1058         1. Upon expiration of the person’s sentence;
 1059         2. Upon expiration of the person’s sentence as reduced by
 1060  accumulated gain-time;
 1061         3. As directed by an executive order granting clemency;
 1062         4. Upon attaining the provisional release date;
 1063         5. Upon placement in a conditional release program pursuant
 1064  to s. 947.1405; or
 1065         6. Upon the granting of control release pursuant to s.
 1066  947.146.
 1067         (b) A person who is convicted of a crime committed on or
 1068  after January 1, 1994, may be released from incarceration only:
 1069         1. Upon expiration of the person’s sentence;
 1070         2. Upon expiration of the person’s sentence as reduced by
 1071  accumulated rehabilitation credits and outstanding deed awards
 1072  meritorious or incentive gain-time;
 1073         3. As directed by an executive order granting clemency;
 1074         4. Upon placement in a conditional release program pursuant
 1075  to s. 947.1405 or a conditional medical release program pursuant
 1076  to s. 947.149; or
 1077         5. Upon the granting of control release, including
 1078  emergency control release, pursuant to s. 947.146.
 1079         Section 23. For the purpose of incorporating the amendment
 1080  made by this act to section 944.275, Florida Statutes, in a
 1081  reference thereto, paragraph (k) of subsection (4) of section
 1082  775.084, Florida Statutes, is reenacted to read:
 1083         775.084 Violent career criminals; habitual felony offenders
 1084  and habitual violent felony offenders; three-time violent felony
 1085  offenders; definitions; procedure; enhanced penalties or
 1086  mandatory minimum prison terms.—
 1087         (4)
 1088         (k)1. A defendant sentenced under this section as a
 1089  habitual felony offender, a habitual violent felony offender, or
 1090  a violent career criminal is eligible for gain-time granted by
 1091  the Department of Corrections as provided in s. 944.275(4)(b).
 1092         2. For an offense committed on or after October 1, 1995, a
 1093  defendant sentenced under this section as a violent career
 1094  criminal is not eligible for any form of discretionary early
 1095  release, other than pardon or executive clemency, or conditional
 1096  medical release granted pursuant to s. 947.149.
 1097         3. For an offense committed on or after July 1, 1999, a
 1098  defendant sentenced under this section as a three-time violent
 1099  felony offender shall be released only by expiration of sentence
 1100  and shall not be eligible for parole, control release, or any
 1101  form of early release.
 1102         Section 24. For the purpose of incorporating the amendment
 1103  made by this act to section 944.275, Florida Statutes, in
 1104  references thereto, paragraph (v) of subsection (2) and
 1105  paragraph (e) of subsection (3) of section 900.05, Florida
 1106  Statutes, are reenacted to read:
 1107         900.05 Criminal justice data collection.—
 1108         (2) DEFINITIONS.—As used in this section, the term:
 1109         (v) “Gain-time credit earned” means a credit of time
 1110  awarded to an inmate in a county detention facility in
 1111  accordance with s. 951.21 or a state correctional institution or
 1112  facility in accordance with s. 944.275.
 1113         (3) DATA COLLECTION AND REPORTING.—An entity required to
 1114  collect data in accordance with this subsection shall collect
 1115  the specified data and report them in accordance with this
 1116  subsection to the Department of Law Enforcement on a monthly
 1117  basis.
 1118         (e) Department of Corrections.—The Department of
 1119  Corrections shall collect the following data:
 1120         1. Information related to each inmate, including:
 1121         a. Identifying information, including name, date of birth,
 1122  race, ethnicity, gender, case number, and identification number
 1123  assigned by the department.
 1124         b. Highest education level.
 1125         c. Date the inmate was admitted to the custody of the
 1126  department for his or her current incarceration.
 1127         d. Current institution placement and the security level
 1128  assigned to the institution.
 1129         e. Custody level assignment.
 1130         f. Qualification for a flag designation as defined in this
 1131  section, including sexual offender flag, habitual offender flag,
 1132  habitual violent felony offender flag, prison releasee
 1133  reoffender flag, three-time violent felony offender flag,
 1134  violent career criminal flag, gang affiliation flag, or
 1135  concurrent or consecutive sentence flag.
 1136         g. County that committed the prisoner to the custody of the
 1137  department.
 1138         h. Whether the reason for admission to the department is
 1139  for a new conviction or a violation of probation, community
 1140  control, or parole. For an admission for a probation, community
 1141  control, or parole violation, the department shall report
 1142  whether the violation was technical or based on a new violation
 1143  of law.
 1144         i. Specific statutory citation for which the inmate was
 1145  committed to the department, including, for an inmate convicted
 1146  of drug trafficking under s. 893.135, the statutory citation for
 1147  each specific drug trafficked.
 1148         j. Length of sentence served.
 1149         k. Length of concurrent or consecutive sentences served.
 1150         l. Tentative release date.
 1151         m. Gain time earned in accordance with s. 944.275.
 1152         n. Prior incarceration within the state.
 1153         o. Disciplinary violation and action.
 1154         p. Participation in rehabilitative or educational programs
 1155  while in the custody of the department.
 1156         q. Digitized sentencing scoresheet prepared in accordance
 1157  with s. 921.0024.
 1158         2. Information about each state correctional institution or
 1159  facility, including:
 1160         a. Budget for each state correctional institution or
 1161  facility.
 1162         b. Daily prison population of all inmates incarcerated in a
 1163  state correctional institution or facility.
 1164         c. Daily number of correctional officers for each state
 1165  correctional institution or facility.
 1166         3. Information related to persons supervised by the
 1167  department on probation or community control, including:
 1168         a. Identifying information for each person supervised by
 1169  the department on probation or community control, including his
 1170  or her name, date of birth, race, ethnicity, gender, case
 1171  number, and department-assigned case number.
 1172         b. Length of probation or community control sentence
 1173  imposed and amount of time that has been served on such
 1174  sentence.
 1175         c. Projected termination date for probation or community
 1176  control.
 1177         d. Revocation of probation or community control due to a
 1178  violation, including whether the revocation is due to a
 1179  technical violation of the conditions of supervision or from the
 1180  commission of a new law violation.
 1181         4. Per diem rates for:
 1182         a. Prison bed.
 1183         b. Probation.
 1184         c. Community control.
 1185  
 1186  This information only needs to be reported once annually at the
 1187  time the most recent per diem rate is published.
 1188         Section 25. For the purpose of incorporating the amendment
 1189  made in this act to section 944.275, Florida statutes, in
 1190  reference thereto, section 944.28, Florida Statutes, is
 1191  reenacted to read:
 1192         944.28 Forfeiture of gain-time and the right to earn gain
 1193  time in the future.—
 1194         (1) If a prisoner is convicted of escape, or if the
 1195  clemency, conditional release as described in chapter 947,
 1196  probation or community control as described in chapter 948,
 1197  provisional release as described in s. 944.277, parole, or
 1198  control release as described in s. 947.146 granted to the
 1199  prisoner is revoked, the department may, without notice or
 1200  hearing, declare a forfeiture of all gain-time earned according
 1201  to the provisions of law by such prisoner prior to such escape
 1202  or his or her release under such clemency, conditional release,
 1203  probation, community control, provisional release, control
 1204  release, or parole.
 1205         (2)(a) All or any part of the gain-time earned by a
 1206  prisoner according to the provisions of law is subject to
 1207  forfeiture if such prisoner unsuccessfully attempts to escape;
 1208  assaults another person; threatens or knowingly endangers the
 1209  life or person of another person; refuses by action or word to
 1210  carry out any instruction duly given to him or her; neglects to
 1211  perform in a faithful, diligent, industrious, orderly, and
 1212  peaceful manner the work, duties, and tasks assigned to him or
 1213  her; is found by a court to have brought a frivolous suit,
 1214  action, claim, proceeding, or appeal in any court; is found by a
 1215  court to have knowingly or with reckless disregard for the truth
 1216  brought false information or evidence before the court; or
 1217  violates any law of the state or any rule or regulation of the
 1218  department or institution.
 1219         (b) A prisoner’s right to earn gain-time during all or any
 1220  part of the remainder of the sentence or sentences under which
 1221  he or she is imprisoned may be declared forfeited because of the
 1222  seriousness of a single instance of misconduct or because of the
 1223  seriousness of an accumulation of instances of misconduct.
 1224         (c) The method of declaring a forfeiture under paragraph
 1225  (a) or paragraph (b) shall be as follows: A written charge shall
 1226  be prepared, which shall specify each instance of misconduct
 1227  upon which it is based and the approximate date thereof. A copy
 1228  of such charge shall be delivered to the prisoner, and he or she
 1229  shall be given notice of a hearing before the disciplinary
 1230  committee created under the authorization of rules heretofore or
 1231  hereafter adopted by the department for the institution in which
 1232  he or she is confined. The prisoner shall be present at the
 1233  hearing. If at such hearing the prisoner pleads guilty to the
 1234  charge or if the committee determines that the prisoner is
 1235  guilty thereof upon the basis of proof presented at such
 1236  hearing, it shall find him or her guilty. If the committee
 1237  considers that all or part of the prisoner’s gain-time and the
 1238  prisoner’s right to earn gain-time during all or any part of the
 1239  sentence or sentences under which he or she is imprisoned shall
 1240  be forfeited, it shall so recommend in its written report. Such
 1241  report shall be presented to the warden of the institution, who
 1242  may approve such recommendation in whole or in part by endorsing
 1243  such approval on the report. In the event of approval, the
 1244  warden shall forward the report to the department. Thereupon,
 1245  the department may, in its discretion, declare the forfeiture
 1246  thus approved by the warden or any specified part thereof.
 1247         (3) Upon the recommendation of the warden, the department
 1248  may, in its discretion, restore all or any part of any gain-time
 1249  forfeited under this section.
 1250         Section 26. For the purpose of incorporating the amendment
 1251  made by this act to section 944.275, Florida Statutes, in a
 1252  reference thereto, subsection (1) of section 944.605, Florida
 1253  Statutes, is reenacted to read:
 1254         944.605 Inmate release; notification; identification card.—
 1255         (1) Within 6 months before the release of an inmate from
 1256  the custody of the Department of Corrections or a private
 1257  correctional facility by expiration of sentence under s.
 1258  944.275, any release program provided by law, or parole under
 1259  chapter 947, or as soon as possible if the offender is released
 1260  earlier than anticipated, notification of such anticipated
 1261  release date shall be made known by the Department of
 1262  Corrections to the chief judge of the circuit in which the
 1263  offender was sentenced, the appropriate state attorney, the
 1264  original arresting law enforcement agency, the Department of Law
 1265  Enforcement, and the sheriff as chief law enforcement officer of
 1266  the county in which the inmate plans to reside. In addition,
 1267  unless otherwise requested by the victim, the victim’s parent or
 1268  guardian if the victim is a minor, the lawful representative of
 1269  the victim or of the victim’s parent or guardian if the victim
 1270  is a minor, the victim’s next of kin in the case of a homicide,
 1271  the state attorney or the Department of Corrections, whichever
 1272  is appropriate, shall notify such person within 6 months before
 1273  the inmate’s release, or as soon as possible if the offender is
 1274  released earlier than anticipated, when the name and address of
 1275  such victim, or the name and address of the parent, guardian,
 1276  next of kin, or lawful representative of the victim has been
 1277  furnished to the agency. The state attorney shall provide the
 1278  latest address documented for the victim, or for the victim’s
 1279  parent, guardian, next of kin, or lawful representative, as
 1280  applicable, to the sheriff with the other documents required by
 1281  law for the delivery of inmates to those agencies for service of
 1282  sentence. Upon request, within 30 days after an inmate is
 1283  approved for community work release, the state attorney, the
 1284  victim, the victim’s parent or guardian if the victim is a
 1285  minor, the victim’s next of kin in the case of a homicide, or
 1286  the lawful representative of the victim or of the victim’s
 1287  parent or guardian if the victim is a minor shall be notified
 1288  that the inmate has been approved for community work release.
 1289  This section does not imply any repeal or modification of any
 1290  provision of law relating to notification of victims.
 1291         Section 27. For the purpose of incorporating the amendment
 1292  made by this act to section 944.275, Florida Statutes, in a
 1293  reference thereto, subsection (6) of section 944.607, Florida
 1294  Statutes, is reenacted to read:
 1295         944.607 Notification to Department of Law Enforcement of
 1296  information on sexual offenders.—
 1297         (6) The information provided to the Department of Law
 1298  Enforcement must include:
 1299         (a) The information obtained from the sexual offender under
 1300  subsection (4);
 1301         (b) The sexual offender’s most current address, place of
 1302  permanent, temporary, or transient residence within the state or
 1303  out of state, and address, location or description, and dates of
 1304  any current or known future temporary residence within the state
 1305  or out of state, while the sexual offender is under supervision
 1306  in this state, including the name of the county or municipality
 1307  in which the offender permanently or temporarily resides, or has
 1308  a transient residence, and address, location or description, and
 1309  dates of any current or known future temporary residence within
 1310  the state or out of state, and, if known, the intended place of
 1311  permanent, temporary, or transient residence, and address,
 1312  location or description, and dates of any current or known
 1313  future temporary residence within the state or out of state upon
 1314  satisfaction of all sanctions;
 1315         (c) The legal status of the sexual offender and the
 1316  scheduled termination date of that legal status;
 1317         (d) The location of, and local telephone number for, any
 1318  Department of Corrections’ office that is responsible for
 1319  supervising the sexual offender;
 1320         (e) An indication of whether the victim of the offense that
 1321  resulted in the offender’s status as a sexual offender was a
 1322  minor;
 1323         (f) The offense or offenses at conviction which resulted in
 1324  the determination of the offender’s status as a sex offender;
 1325  and
 1326         (g) A digitized photograph of the sexual offender which
 1327  must have been taken within 60 days before the offender is
 1328  released from the custody of the department or a private
 1329  correctional facility by expiration of sentence under s. 944.275
 1330  or must have been taken by January 1, 1998, or within 60 days
 1331  after the onset of the department’s supervision of any sexual
 1332  offender who is on probation, community control, conditional
 1333  release, parole, provisional release, or control release or who
 1334  is supervised by the department under the Interstate Compact
 1335  Agreement for Probationers and Parolees. If the sexual offender
 1336  is in the custody of a private correctional facility, the
 1337  facility shall take a digitized photograph of the sexual
 1338  offender within the time period provided in this paragraph and
 1339  shall provide the photograph to the department.
 1340  
 1341  If any information provided by the department changes during the
 1342  time the sexual offender is under the department’s control,
 1343  custody, or supervision, including any change in the offender’s
 1344  name by reason of marriage or other legal process, the
 1345  department shall, in a timely manner, update the information and
 1346  provide it to the Department of Law Enforcement in the manner
 1347  prescribed in subsection (2).
 1348         Section 28. For the purpose of incorporating the amendment
 1349  made by this act to section 944.275, Florida Statutes, in a
 1350  reference thereto, subsection (15) of section 947.005, Florida
 1351  Statutes, is reenacted to read:
 1352         947.005 Definitions.—As used in this chapter, unless the
 1353  context clearly indicates otherwise:
 1354         (15) “Tentative release date” means the date projected for
 1355  the prisoner’s release from custody by virtue of gain-time
 1356  granted or forfeited pursuant to s. 944.275(3)(a).
 1357         Section 29. For the purpose of incorporating the amendment
 1358  made by this act to section 944.275, Florida Statutes, in a
 1359  reference thereto, paragraph (a) of subsection (6) of section
 1360  985.4815, Florida Statutes, is reenacted to read:
 1361         985.4815 Notification to Department of Law Enforcement of
 1362  information on juvenile sexual offenders.—
 1363         (6)(a) The information provided to the Department of Law
 1364  Enforcement must include the following:
 1365         1. The information obtained from the sexual offender under
 1366  subsection (4).
 1367         2. The sexual offender’s most current address and place of
 1368  permanent, temporary, or transient residence within the state or
 1369  out of state, and address, location or description, and dates of
 1370  any current or known future temporary residence within the state
 1371  or out of state, while the sexual offender is in the care or
 1372  custody or under the jurisdiction or supervision of the
 1373  department in this state, including the name of the county or
 1374  municipality in which the offender permanently or temporarily
 1375  resides, or has a transient residence, and address, location or
 1376  description, and dates of any current or known future temporary
 1377  residence within the state or out of state; and, if known, the
 1378  intended place of permanent, temporary, or transient residence,
 1379  and address, location or description, and dates of any current
 1380  or known future temporary residence within the state or out of
 1381  state upon satisfaction of all sanctions.
 1382         3. The legal status of the sexual offender and the
 1383  scheduled termination date of that legal status.
 1384         4. The location of, and local telephone number for, any
 1385  department office that is responsible for supervising the sexual
 1386  offender.
 1387         5. An indication of whether the victim of the offense that
 1388  resulted in the offender’s status as a sexual offender was a
 1389  minor.
 1390         6. The offense or offenses at adjudication and disposition
 1391  that resulted in the determination of the offender’s status as a
 1392  sex offender.
 1393         7. A digitized photograph of the sexual offender, which
 1394  must have been taken within 60 days before the offender was
 1395  released from the custody of the department or a private
 1396  correctional facility by expiration of sentence under s.
 1397  944.275, or within 60 days after the onset of the department’s
 1398  supervision of any sexual offender who is on probation,
 1399  postcommitment probation, residential commitment, nonresidential
 1400  commitment, licensed child-caring commitment, community control,
 1401  conditional release, parole, provisional release, or control
 1402  release or who is supervised by the department under the
 1403  Interstate Compact Agreement for Probationers and Parolees. If
 1404  the sexual offender is in the custody of a private correctional
 1405  facility, the facility shall take a digitized photograph of the
 1406  sexual offender within the time period provided in this
 1407  subparagraph and shall provide the photograph to the department.
 1408         Section 30. This act shall take effect July 1, 2021.
 1409  
 1410  ================= T I T L E  A M E N D M E N T ================
 1411  And the title is amended as follows:
 1412         Delete everything before the enacting clause
 1413  and insert:
 1414                        A bill to be entitled                      
 1415         An act relating to criminal convictions; amending s.
 1416         455.213, F.S.; revising the timeframe when a
 1417         conviction, or any other adjudication, for a crime may
 1418         not be grounds for denial of licensure in specified
 1419         professions; removing a provision requiring good moral
 1420         character for licensure in such professions; requiring
 1421         the applicable board to approve certain education
 1422         program credits offered to inmates in correctional
 1423         institutions or facilities to satisfy training
 1424         requirements for licensure in specified professions;
 1425         amending s. 921.002, F.S.; revising the principles
 1426         that the Criminal Punishment Code embodies as it
 1427         relates to punishment and rehabilitation; conforming
 1428         provisions to changes made by the act; amending s.
 1429         944.02, F.S.; defining the term “gain-time”; amending
 1430         s. 944.275, F.S.; authorizing the Department of
 1431         Corrections to grant deductions from sentences in the
 1432         form of, good behavior time, rehabilitation credits,
 1433         and outstanding deed awards rather than solely for
 1434         gain-time, for specified purposes; revising a
 1435         prisoner’s “tentative release date” that the
 1436         department must calculate for each prisoner based on
 1437         his or her good behavior time, rehabilitation credits,
 1438         and outstanding deed awards; requiring the department
 1439         to grant good behavior time, rather than basic gain
 1440         time, as a means of encouraging satisfactory behavior
 1441         and developing character traits necessary for
 1442         successful reentry to the community, subject to
 1443         certain conditions; authorizing the department to
 1444         grant rehabilitation credits, rather than incentive
 1445         gain-time, for each month during which a prisoner
 1446         engages in specified activities; revising the rates of
 1447         eligibility to earn rehabilitation credits; increasing
 1448         the authorized amount of outstanding deed awards which
 1449         a prisoner may be granted per outstanding deed
 1450         performed; authorizing the department to grant a
 1451         specified number of additional days of rehabilitation
 1452         credit for successful completion of specified
 1453         programs; defining terms; providing for retroactivity
 1454         of specified rehabilitation credits; authorizing the
 1455         department to grant a certain additional amount of
 1456         days per month to prisoners serving sentences for
 1457         certain violations; providing for retroactivity of
 1458         specified good behavior time; prohibiting certain
 1459         prisoners from being eligible to earn or receive good
 1460         behavior time or outstanding deed awards in an amount
 1461         that would cause a sentence to expire, end, or
 1462         terminate, or that would result in a prisoner’s
 1463         release, before he or she serves a specified minimum
 1464         percentage of the sentence imposed; prohibiting
 1465         certain prisoners from earning or receiving
 1466         rehabilitation credits in an amount that would cause a
 1467         sentence to expire, end, or terminate, or that would
 1468         result in a prisoner’s release, before he or she
 1469         serves a specified minimum percentage of the sentence
 1470         imposed; providing that gain-time may be forfeited
 1471         according to law after due process if a prisoner is
 1472         found guilty of an infraction of certain laws or
 1473         rules; requiring the department to adopt rules in
 1474         accordance with the changes made by the act;
 1475         conforming provisions to changes made by the act;
 1476         making technical changes; amending ss. 316.027,
 1477         775.0845, 775.0847, 775.0861, 775.0862, 775.087,
 1478         775.0875, 777.03, 777.04, 794.011, 784.023, 817.568,
 1479         831.032, 843.22, 874.04, 944.281, 944.473, 944.70,
 1480         F.S.; conforming provisions to changes made by the
 1481         act; reenacting ss. 775.084(4)(k), 900.05(2)(v) and
 1482         (3)(e), 944.28, 944.605(1), 944.607(6), 947.005(15),
 1483         and 985.4815(6)(a), F.S., relating to gain-time
 1484         granted by the department, the definition of “gain
 1485         time credit earned” and gain-time data that the
 1486         department must collect, a required notification of
 1487         expiration of sentence, a requirement that a digitized
 1488         photograph of sexual offenders be taken within a
 1489         certain time before release, the definition of
 1490         “tentative release date,” and a requirement that a
 1491         digitized photograph of sexual offenders be taken
 1492         within a certain time before release, respectively, to
 1493         incorporate the amendment made to s. 944.275, F.S., in
 1494         references thereto; providing an effective date.