Florida Senate - 2021 CS for SB 232
By the Committee on Criminal Justice; and Senator Brandes
591-01972-21 2021232c1
1 A bill to be entitled
2 An act relating to criminal justice; creating s.
3 900.06, F.S.; defining terms and specifying covered
4 offenses; requiring that a custodial interrogation
5 conducted at a place of detention in connection with
6 covered offenses be electronically recorded in its
7 entirety; requiring law enforcement officers who do
8 not comply with the electronic recording requirement
9 or who conduct custodial interrogations at a location
10 other than a place of detention to prepare specified
11 reports; providing exceptions to the electronic
12 recording requirement; requiring a court to consider a
13 law enforcement officer’s failure to comply with the
14 electronic recording requirement in determining the
15 admissibility of a statement, unless an exception
16 applies; requiring a court, upon the request of a
17 defendant, to give certain cautionary instructions to
18 a jury under certain circumstances; providing immunity
19 from civil liability to law enforcement agencies that
20 enforce certain rules; providing that a cause of
21 action is not created against a law enforcement
22 officer; amending s. 921.1402, F.S.; revising the
23 circumstances under which a juvenile offender is not
24 entitled to a review of his or her sentence after a
25 specified timeframe; creating s. 921.14021, F.S.;
26 providing legislative intent; providing for
27 retroactive application of a specified provision
28 relating to a review of sentence for juvenile
29 offenders convicted of murder; providing for immediate
30 review of certain sentences; creating s. 921.1403,
31 F.S.; providing legislative intent for retroactive
32 application; defining the term “young adult offender”;
33 precluding eligibility for a sentence review for young
34 adult offenders who previously committed, or conspired
35 to commit, murder; providing timeframes within which
36 young adult offenders who commit specified crimes are
37 entitled to a review of their sentences; providing
38 applicability; requiring the Department of Corrections
39 to notify young adult offenders in writing of their
40 eligibility for a sentence review within certain
41 timeframes; requiring a young adult offender seeking a
42 sentence review or a subsequent sentence review to
43 submit an application to the original sentencing court
44 and request a hearing; providing for legal
45 representation of eligible young adult offenders;
46 providing for one subsequent review hearing for a
47 young adult offender after a certain timeframe if he
48 or she is not resentenced at the initial sentence
49 review hearing; requiring the original sentencing
50 court to hold a sentence review hearing upon receiving
51 an application from an eligible young adult offender;
52 requiring the court to consider certain factors in
53 determining whether to modify a young adult offender’s
54 sentence; authorizing a court to modify the sentence
55 of certain young adult offenders if the court makes
56 certain determinations; requiring the court to issue a
57 written order stating certain information in specified
58 circumstances; creating s. 945.0911, F.S.; providing
59 legislative findings; establishing the conditional
60 medical release program within the department;
61 establishing a panel to consider specified matters;
62 defining terms; providing for program eligibility;
63 authorizing an inmate to be released on conditional
64 medical release before serving 85 percent of his or
65 her term of imprisonment; requiring any inmate who
66 meets certain criteria to be considered for
67 conditional medical release; providing that an inmate
68 does not have a right to release or to a certain
69 medical evaluation; requiring the department to
70 identify eligible inmates; requiring the department to
71 refer certain inmates to the panel for consideration;
72 providing for victim notification under certain
73 circumstances; requiring the panel to conduct a
74 hearing within specified timeframes; specifying
75 requirements for the hearing; providing conditions for
76 release; requiring that inmates who are approved for
77 conditional medical release be released from the
78 department within a reasonable amount of time;
79 providing a review process for an inmate who is denied
80 conditional medical release; providing that an inmate
81 is considered a medical releasee upon release from the
82 department into the community; requiring medical
83 releasees to comply with specified conditions;
84 providing that medical releasees are considered to be
85 in the custody, supervision, and control of the
86 department; providing that the department does not
87 have a duty to provide medical care to a medical
88 releasee; providing that a medical releasee is
89 eligible to earn or lose gain-time; prohibiting a
90 medical releasee or his or her community-based housing
91 from being counted in the prison system population and
92 the prison capacity figures, respectively; providing
93 for the revocation of a medical releasee’s conditional
94 medical release; authorizing a medical releasee to be
95 returned to the department’s custody if his or her
96 medical or physical condition improves; authorizing
97 the department to order a medical releasee to be
98 returned for a revocation hearing or to remain in the
99 community pending such hearing; authorizing the
100 department to issue a warrant for the arrest of a
101 medical releasee under certain circumstances;
102 authorizing a medical releasee to admit to the
103 allegation that his or her medical or physical
104 condition improved or to proceed to a revocation
105 hearing; requiring such hearing to be conducted by the
106 panel; requiring certain evidence to be reviewed and a
107 recommendation to be made before such hearing;
108 requiring a majority of the panel members to agree
109 that revocation of medical release is appropriate;
110 requiring a medical releasee to be recommitted to the
111 department to serve the balance of his or her sentence
112 if a conditional medical release is revoked; providing
113 that gain-time is not forfeited for revocation based
114 on improvement in the medical releasee’s condition;
115 providing a review process for a medical releasee who
116 has his or her release revoked; authorizing a medical
117 releasee to be recommitted if he or she violates any
118 conditions of the release; authorizing certain persons
119 to issue a warrant for the arrest of a medical
120 releasee if certain conditions are met; authorizing a
121 law enforcement or probation officer to arrest a
122 medical releasee without a warrant under certain
123 circumstances; requiring that a medical releasee be
124 detained without bond if a violation is based on
125 certain circumstances; authorizing a medical releasee
126 to admit to the alleged violation or to proceed to a
127 revocation hearing; requiring such hearing to be
128 conducted by the panel; requiring a majority of the
129 panel members to agree that revocation of medical
130 release is appropriate; requiring specified medical
131 releasees to be recommitted to the department upon the
132 revocation of the conditional medical release;
133 authorizing the forfeiture of gain-time if the
134 revocation is based on certain violations; providing a
135 review process for a medical releasee who has his or
136 her release revoked; requiring that a medical releasee
137 be given specified information in certain instances;
138 requiring the panel to provide a written statement as
139 to evidence relied on and reasons for revocation under
140 certain circumstances; requiring a medical releasee
141 whose conditional medical release is revoked and who
142 is recommitted to the department to comply with the 85
143 percent requirement upon recommitment; requiring the
144 department to notify certain persons within a
145 specified timeframe of an inmate’s diagnosis of a
146 terminal medical condition; requiring the department
147 to allow a visit between an inmate and certain persons
148 within 7 days of a diagnosis of a terminal medical
149 condition; requiring the department to initiate the
150 conditional medical release review process immediately
151 upon an inmate’s diagnosis of a terminal medical
152 condition; requiring an inmate to consent to release
153 of information under certain circumstances; providing
154 that members of the panel have sovereign immunity
155 related to specified decisions; providing rulemaking
156 authority; creating s. 945.0912, F.S.; providing
157 legislative findings; establishing the conditional
158 aging inmate release program within the department;
159 establishing a panel to consider specified matters;
160 providing for program eligibility; providing that an
161 inmate may be released on conditional aging inmate
162 release before serving 85 percent of his or her term
163 of imprisonment; prohibiting certain inmates from
164 being considered for conditional aging inmate release;
165 requiring that an inmate who meets certain criteria be
166 considered for conditional aging inmate release;
167 providing that an inmate does not have a right to
168 release; requiring the department to identify eligible
169 inmates; requiring the department to refer certain
170 inmates to the panel for consideration; providing
171 victim notification requirements under certain
172 circumstances; requiring the panel to conduct a
173 hearing within specified timeframes; specifying
174 requirements for the hearing; requiring that inmates
175 who are approved for conditional aging inmate release
176 be released from the department within a reasonable
177 amount of time; providing a review process for an
178 inmate who is denied conditional aging inmate release;
179 providing that an inmate is considered an aging
180 releasee upon release from the department into the
181 community; providing conditions for release; providing
182 that aging releasees are considered to be in the
183 custody, supervision, and control of the department;
184 providing that the department does not have a duty to
185 provide medical care to an aging releasee; providing
186 that an aging releasee is eligible to earn or lose
187 gain-time; prohibiting an aging releasee or his or her
188 community-based housing from being counted in the
189 prison system population and the prison capacity
190 figures, respectively; providing for the revocation of
191 conditional aging inmate release; authorizing the
192 department to issue a warrant for the arrest of an
193 aging releasee under certain circumstances;
194 authorizing a law enforcement or probation officer to
195 arrest an aging releasee without a warrant under
196 certain circumstances; requiring that an aging
197 releasee be detained without bond if a violation is
198 based on certain circumstances; requiring the
199 department to order an aging releasee subject to
200 revocation to be returned to department custody for a
201 revocation hearing; authorizing an aging releasee to
202 admit to his or her alleged violation or to proceed to
203 a revocation hearing; requiring such hearing to be
204 conducted by the panel; requiring a majority of the
205 panel to agree that revocation is appropriate;
206 authorizing the forfeiture of gain-time if the
207 revocation is based on certain violations; requiring
208 an aging releasee whose conditional aging inmate
209 release is revoked and who is recommitted to the
210 department to comply with the 85 percent requirement
211 upon recommitment; providing a review process for an
212 aging releasee who has his or her release revoked;
213 requiring an aging releasee to be given specified
214 information in certain instances; requiring the panel
215 to provide a written statement as to evidence relied
216 on and reasons for revocation under certain
217 circumstances; providing that members of the panel
218 have sovereign immunity related to specified
219 decisions; providing rulemaking authority; repealing
220 s. 947.149, F.S., relating to conditional medical
221 release; amending ss. 316.1935, 775.084, 775.087,
222 784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605,
223 944.70, 947.13, and 947.141, F.S.; conforming
224 provisions to changes made by the act; providing an
225 effective date.
226
227 Be It Enacted by the Legislature of the State of Florida:
228
229 Section 1. Section 900.06, Florida Statutes, is created to
230 read:
231 900.06 Recording of custodial interrogations for certain
232 offenses.—
233 (1) As used in this section, the term:
234 (a) “Covered offense” includes:
235 1. Arson.
236 2. Sexual battery.
237 3. Robbery.
238 4. Kidnapping.
239 5. Aggravated child abuse.
240 6. Aggravated abuse of an elderly person or a disabled
241 adult.
242 7. Aggravated assault with a deadly weapon.
243 8. Murder.
244 9. Manslaughter.
245 10. Aggravated manslaughter of an elderly person or a
246 disabled adult.
247 11. Aggravated manslaughter of a child.
248 12. The unlawful throwing, placing, or discharging of a
249 destructive device or bomb.
250 13. Armed burglary.
251 14. Aggravated battery.
252 15. Aggravated stalking.
253 16. Home-invasion robbery.
254 17. Carjacking.
255 (b) “Custodial interrogation” means questioning or other
256 conduct by a law enforcement officer which is reasonably likely
257 to elicit an incriminating response from an individual and which
258 occurs under circumstances in which a reasonable individual in
259 the same circumstances would consider himself or herself to be
260 in the custody of a law enforcement agency.
261 (c) “Electronic recording” means an audio recording or an
262 audio and video recording that accurately records a custodial
263 interrogation.
264 (d) “Place of detention” means a police station, sheriff’s
265 office, correctional facility, prisoner holding facility, county
266 detention facility, or other governmental facility where an
267 individual may be held in connection with a criminal charge that
268 has been or may be filed against the individual.
269 (e) “Statement” means a communication that is oral,
270 written, electronic, nonverbal, or in sign language.
271 (2)(a) A custodial interrogation at a place of detention,
272 including the giving of a required warning, the advisement of
273 the rights of the individual being questioned, and the waiver of
274 any rights by the individual, must be electronically recorded in
275 its entirety if the interrogation is related to a covered
276 offense.
277 (b) If a law enforcement officer conducts a custodial
278 interrogation at a place of detention without electronically
279 recording the interrogation, the officer must prepare a written
280 report explaining why he or she did not record the
281 interrogation.
282 (c) As soon as practicable, a law enforcement officer who
283 conducts a custodial interrogation at a location other than a
284 place of detention shall prepare a written report explaining the
285 circumstances of the interrogation and summarizing the custodial
286 interrogation process and the individual’s statements.
287 (d) Paragraph (a) does not apply:
288 1. If an unforeseen equipment malfunction prevents the
289 recording of the custodial interrogation in its entirety;
290 2. If a suspect refuses to participate in a custodial
291 interrogation if his or her statements are to be electronically
292 recorded;
293 3. If an equipment operator error prevents the recording of
294 the custodial interrogation in its entirety;
295 4. If the statement is made spontaneously and not in
296 response to a custodial interrogation question;
297 5. If the statement is made during the processing of the
298 arrest of a suspect;
299 6. If the custodial interrogation occurs when the law
300 enforcement officer participating in the interrogation does not
301 have any knowledge of facts and circumstances that would lead an
302 officer to reasonably believe that the individual being
303 interrogated may have committed a covered offense;
304 7. If the law enforcement officer conducting the custodial
305 interrogation reasonably believes that making an electronic
306 recording would jeopardize the safety of the officer, the
307 individual being interrogated, or others; or
308 8. If the custodial interrogation is conducted outside of
309 this state.
310 (3) Unless a court finds that one or more of the
311 circumstances specified in paragraph (2)(d) apply, the court
312 must consider the circumstances of an interrogation conducted by
313 a law enforcement officer in which he or she did not
314 electronically record all or part of a custodial interrogation
315 in determining whether a statement made during the interrogation
316 is admissible. If the court admits into evidence a statement
317 made during a custodial interrogation which was not
318 electronically recorded as required under paragraph (2)(a), the
319 court must, upon request of the defendant, give cautionary
320 instructions to the jury regarding the law enforcement officer’s
321 failure to comply with that requirement.
322 (4) A law enforcement agency in this state which has
323 adopted rules that are reasonably designed to ensure compliance
324 with the requirements of this section is not subject to civil
325 liability for damages arising from a violation of this section
326 provided the agency enforces such rules. This section does not
327 create a cause of action against a law enforcement officer.
328 Section 2. Paragraph (a) of subsection (2) and subsection
329 (4) of section 921.1402, Florida Statutes, are amended to read:
330 921.1402 Review of sentences for persons convicted of
331 specified offenses committed while under the age of 18 years.—
332 (2)(a) A juvenile offender sentenced under s.
333 775.082(1)(b)1. is entitled to a review of his or her sentence
334 after 25 years. However, a juvenile offender is not entitled to
335 a review if he or she has previously been convicted of
336 committing one of the following offenses, or of conspiracy to
337 commit one of the following offenses, murder if the murder
338 offense for which the person was previously convicted was part
339 of a separate criminal transaction or episode than the murder
340 that which resulted in the sentence under s. 775.082(1)(b)1.:
341 1. Murder;
342 2. Manslaughter;
343 3. Sexual battery;
344 4. Armed burglary;
345 5. Armed robbery;
346 6. Armed carjacking;
347 7. Home-invasion robbery;
348 8. Human trafficking for commercial sexual activity with a
349 child under 18 years of age;
350 9. False imprisonment under s. 787.02(3)(a); or
351 10. Kidnapping.
352 (4) A juvenile offender seeking a sentence review pursuant
353 to subsection (2) must submit an application to the court of
354 original jurisdiction requesting that a sentence review hearing
355 be held. The juvenile offender must submit a new application to
356 the court of original jurisdiction to request subsequent
357 sentence review hearings pursuant to paragraph (2)(d). The
358 sentencing court shall retain original jurisdiction for the
359 duration of the sentence for this purpose.
360 Section 3. Section 921.14021, Florida Statutes, is created
361 to read:
362 921.14021 Retroactive application relating to s. 921.1402;
363 legislative intent; review of sentence.—
364 (1) It is the intent of the Legislature to retroactively
365 apply the amendments made to s. 921.1402 which are effective on
366 October 1, 2021, only as provided in this section, to juvenile
367 offenders convicted of a capital offense and sentenced under s.
368 775.082(1)(b)1. who have been ineligible for sentence review
369 hearings because of a previous conviction of an offense
370 enumerated in s. 921.1402(2)(a), thereby providing such juvenile
371 offenders with an opportunity for consideration by a court and
372 an opportunity for release if deemed appropriate under law.
373 (2) A juvenile offender, as defined in s. 921.1402, who was
374 convicted for a capital offense and sentenced under s.
375 775.082(1)(b)1., and who was ineligible for a sentence review
376 hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before
377 October 1, 2021, is entitled to a review of his or her sentence
378 after 25 years or, if on October 1, 2021, 25 years have already
379 passed since the sentencing, immediately.
380 Section 4. Section 921.1403, Florida Statutes, is created
381 to read:
382 921.1403 Review of sentences for persons convicted of
383 specified offenses committed while under 25 years of age.—
384 (1) It is the intent of the Legislature to retroactively
385 apply this section which take effect October 1, 2021.
386 (2) As used in this section, the term “young adult
387 offender” means a person who committed an offense before he or
388 she reached 25 years of age and for which he or she is sentenced
389 to a term of years in the custody of the Department of
390 Corrections, regardless of the date of sentencing.
391 (3) A young adult offender is not entitled to a sentence
392 review under this section if he or she has previously been
393 convicted of committing, or of conspiring to commit, murder if
394 the murder offense for which the person was previously convicted
395 was part of a separate criminal transaction or episode than the
396 murder that resulted in the sentence under s. 775.082(3)(a)1.,
397 2., 3., or 4. or (b)1. or than the human trafficking for
398 commercial sexual activity that resulted in the sentence under
399 s. 775.082(3)(a)6.
400 (4)(a)1. A young adult offender who is convicted of an
401 offense that is a life felony, that is punishable by a term of
402 years not exceeding life imprisonment, or that was reclassified
403 as a life felony and he or she is sentenced to a term of more
404 than 20 years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is
405 entitled to a review of his or her sentence after 20 years.
406 2. This paragraph does not apply to a person who is
407 eligible for sentencing under s. 775.082(3)(a)5. or (c).
408 (b) A young adult offender who is convicted of an offense
409 that is a felony of the first degree or that was reclassified as
410 a felony of the first degree and who is sentenced to a term of
411 more than 15 years under s. 775.082(3)(b)1. is entitled to a
412 review of his or her sentence after 15 years.
413 (5) The Department of Corrections must notify a young adult
414 offender in writing of his or her eligibility to request a
415 sentence review hearing 18 months before the young adult
416 offender is entitled to a sentence review hearing or notify him
417 or her immediately in writing if the offender is eligible as of
418 October 1, 2021.
419 (6) A young adult offender seeking a sentence review
420 hearing under this section must submit an application to the
421 court of original jurisdiction requesting that a sentence review
422 hearing be held. The young adult offender must submit a new
423 application to the court of original jurisdiction to request a
424 subsequent sentence review hearing pursuant to subsection (8).
425 The sentencing court shall retain original jurisdiction for the
426 duration of the sentence for this purpose.
427 (7) A young adult offender who is eligible for a sentence
428 review hearing under this section is entitled to be represented
429 by counsel, and the court shall appoint a public defender to
430 represent the young adult offender if he or she cannot afford an
431 attorney.
432 (8) If the young adult offender seeking a sentence review
433 under paragraph (4)(a) or paragraph (4)(b) is not resentenced at
434 the initial sentence review hearing, he or she is eligible for
435 one subsequent review hearing 5 years after the initial review
436 hearing.
437 (9) Upon receiving an application from an eligible young
438 adult offender, the original sentencing court must hold a
439 sentence review hearing to determine whether to modify the young
440 adult offender’s sentence. When determining if it is appropriate
441 to modify the young adult offender’s sentence, the court must
442 consider any factor it deems appropriate, including, but not
443 limited to:
444 (a) Whether the young adult offender demonstrates maturity
445 and rehabilitation.
446 (b) Whether the young adult offender remains at the same
447 level of risk to society as he or she did at the time of the
448 initial sentencing.
449 (c) The opinion of the victim or the victim’s next of kin.
450 The absence of the victim or the victim’s next of kin from the
451 sentence review hearing may not be a factor in the determination
452 of the court under this section. The court must allow the victim
453 or victim’s next of kin to be heard in person, in writing, or by
454 electronic means. If the victim or the victim’s next of kin
455 chooses not to participate in the hearing, the court may
456 consider previous statements made by the victim or the victim’s
457 next of kin during the trial, initial sentencing phase, or
458 previous sentencing review hearings.
459 (d) Whether the young adult offender was a relatively minor
460 participant in the criminal offense or whether he or she acted
461 under extreme duress or under the domination of another person.
462 (e) Whether the young adult offender has shown sincere and
463 sustained remorse for the criminal offense.
464 (f) Whether the young adult offender’s age, maturity, or
465 psychological development at the time of the offense affected
466 his or her behavior.
467 (g) Whether the young adult offender has successfully
468 obtained a high school equivalency diploma or completed another
469 educational, technical, work, vocational, or self-rehabilitation
470 program, if such a program is available.
471 (h) Whether the young adult offender was a victim of
472 sexual, physical, or emotional abuse before he or she committed
473 the offense.
474 (i) The results of any mental health assessment, risk
475 assessment, or evaluation of the young adult offender as to
476 rehabilitation.
477 (10)(a) If the court determines at a sentence review
478 hearing that the young adult offender who is seeking a sentence
479 review under paragraph (4)(a) has been rehabilitated and is
480 reasonably believed to be fit to reenter society, the court may
481 modify the sentence and impose a term of probation of at least 5
482 years.
483 (b) If the court determines at a sentence review hearing
484 that the young adult offender who is seeking a sentence review
485 under paragraph (4)(b) has been rehabilitated and is reasonably
486 believed to be fit to reenter society, the court may modify the
487 sentence and impose a term of probation of at least 3 years.
488 (c) If the court determines that the young adult offender
489 seeking a sentence review under paragraph (4)(a) or paragraph
490 (4)(b) has not demonstrated rehabilitation or is not fit to
491 reenter society, the court must issue a written order stating
492 the reasons why the sentence is not being modified.
493 Section 5. Section 945.0911, Florida Statutes, is created
494 to read:
495 945.0911 Conditional medical release.—
496 (1) FINDINGS.—The Legislature finds that the number of
497 inmates with terminal medical conditions or who are suffering
498 from severe debilitating or incapacitating medical conditions
499 who are incarcerated in the state’s prisons has grown
500 significantly in recent years. Further, the Legislature finds
501 that the condition of inmates who are terminally ill or
502 suffering from a debilitating or incapacitating condition may be
503 exacerbated by imprisonment due to the stress linked to prison
504 life. The Legislature also finds that recidivism rates are
505 greatly reduced with inmates suffering from such medical
506 conditions who are released into the community. Therefore, the
507 Legislature finds that it is of great public importance to find
508 a compassionate solution to the challenges presented by the
509 imprisonment of inmates who are terminally ill or are suffering
510 from a debilitating or incapacitating condition while also
511 ensuring that the public safety of Florida’s communities remains
512 protected.
513 (2) CREATION.—There is established a conditional medical
514 release program within the department for the purpose of
515 determining whether release is appropriate for eligible inmates,
516 supervising the released inmates, and conducting revocation
517 hearings as provided for in this section. The establishment of
518 the conditional medical release program must include a panel of
519 at least three people appointed by the secretary or his or her
520 designee for the purpose of determining the appropriateness of
521 conditional medical release and conducting revocation hearings
522 on the inmate releases.
523 (3) DEFINITIONS.—As used in this section, the term:
524 (a) “Inmate with a debilitating illness” means an inmate
525 who is determined to be suffering from a significant terminal or
526 nonterminal condition, disease, or syndrome that has rendered
527 the inmate so physically or cognitively impaired, debilitated,
528 or incapacitated as to create a reasonable probability that the
529 inmate does not constitute a danger to himself or herself or to
530 others.
531 (b) “Permanently incapacitated inmate” means an inmate who
532 has a condition caused by injury, disease, or illness which, to
533 a reasonable degree of medical certainty, renders the inmate
534 permanently and irreversibly physically incapacitated to the
535 extent that the inmate does not constitute a danger to himself
536 or herself or to others.
537 (c) “Terminally ill inmate” means an inmate who has a
538 condition caused by injury, disease, or illness which, to a
539 reasonable degree of medical certainty, renders the inmate
540 terminally ill to the extent that there can be no recovery,
541 death is expected within 12 months, and the inmate does not
542 constitute a danger to himself or herself or to others.
543 (4) ELIGIBILITY.—An inmate is eligible for consideration
544 for release under the conditional medical release program when
545 the inmate, because of an existing medical or physical
546 condition, is determined by the department to be an inmate with
547 a debilitating illness, a permanently incapacitated inmate, or a
548 terminally ill inmate. Notwithstanding any other law, an inmate
549 who meets this eligibility criteria may be released from the
550 custody of the department pursuant to this section before
551 serving 85 percent of his or her term of imprisonment.
552 (5) REFERRAL FOR CONSIDERATION.—
553 (a)1. Notwithstanding any law to the contrary, any inmate
554 in the custody of the department who meets one or more of the
555 eligibility requirements under subsection (4) must be considered
556 for conditional medical release.
557 2. The authority to grant conditional medical release rests
558 solely with the department. An inmate does not have a right to
559 release or to a medical evaluation to determine eligibility for
560 release pursuant to this section.
561 (b) The department must identify inmates who may be
562 eligible for conditional medical release based upon available
563 medical information. In considering an inmate for conditional
564 medical release, the department may require additional medical
565 evidence, including examinations of the inmate, or any other
566 additional investigations the department deems necessary for
567 determining the appropriateness of the eligible inmate’s
568 release.
569 (c) The department must refer an inmate to the panel
570 established under subsection (2) for review and determination of
571 conditional medical release upon his or her identification as
572 potentially eligible for release pursuant to this section.
573 (d) If the case that resulted in the inmate’s commitment to
574 the department involved a victim, and the victim specifically
575 requested notification pursuant to s. 16, Art. I of the State
576 Constitution, the department must notify the victim of the
577 inmate’s referral to the panel upon identification of the inmate
578 as potentially eligible for release under this section.
579 Additionally, the victim must be afforded the right to be heard
580 regarding the release of the inmate.
581 (6) DETERMINATION OF RELEASE.—
582 (a) The panel established in subsection (2) must conduct a
583 hearing to determine whether conditional medical release is
584 appropriate for the inmate. Before the hearing, the director of
585 inmate health services or his or her designee must review any
586 relevant information, including, but not limited to, medical
587 evidence, and provide the panel with a recommendation regarding
588 the appropriateness of releasing the inmate pursuant to this
589 section. The hearing must be conducted by the panel:
590 1. By April 1, 2022, if the inmate is immediately eligible
591 for consideration for the conditional medical release program
592 when this section takes effect on October 1, 2021.
593 2. By July 1, 2022, if the inmate becomes eligible for
594 consideration for the conditional medical release program after
595 October 1, 2021, but before July 1, 2022.
596 3. Within 45 days after receiving the referral if the
597 inmate becomes eligible for conditional medical release any time
598 on or after July 1, 2022.
599 (b) A majority of the panel members must agree that the
600 inmate is appropriate for release pursuant to this section. If
601 conditional medical release is approved, the inmate must be
602 released by the department to the community within a reasonable
603 amount of time with necessary release conditions imposed
604 pursuant to subsection (7).
605 (c)1. An inmate who is denied conditional medical release
606 by the panel may elect to have the decision reviewed by the
607 department’s general counsel and chief medical officer, who must
608 make a recommendation to the secretary. The secretary must
609 review all relevant information and make a final decision about
610 the appropriateness of conditional medical release pursuant to
611 this section. The decision of the secretary is a final
612 administrative decision not subject to appeal.
613 2. An inmate who requests to have the decision reviewed in
614 accordance with this paragraph must do so in a manner prescribed
615 by rule. An inmate who is denied conditional medical release may
616 subsequently be reconsidered for such release in a manner
617 prescribed by department rule.
618 (7) RELEASE CONDITIONS.—
619 (a) An inmate granted release pursuant to this section is
620 released for a period equal to the length of time remaining on
621 his or her term of imprisonment on the date the release is
622 granted. Such inmate is considered a medical releasee upon
623 release from the department into the community. The medical
624 releasee must comply with all reasonable conditions of release
625 the department imposes, which must include, at a minimum:
626 1. Periodic medical evaluations at intervals determined by
627 the department at the time of release.
628 2. Supervision by an officer trained to handle special
629 offender caseloads.
630 3. Active electronic monitoring, if such monitoring is
631 determined to be necessary to ensure the safety of the public
632 and the medical releasee’s compliance with release conditions.
633 4. Any conditions of community control provided for in s.
634 948.101.
635 5. Any other conditions the department deems appropriate to
636 ensure the safety of the community and compliance by the medical
637 releasee.
638 (b) A medical releasee is considered to be in the custody,
639 supervision, and control of the department, which, for purposes
640 of this section, does not create a duty for the department to
641 provide the medical releasee with medical care upon release into
642 the community. The medical releasee remains eligible to earn or
643 lose gain-time in accordance with s. 944.275 and department
644 rule. The medical releasee may not be counted in the prison
645 system population and the medical releasee’s approved community
646 based housing location may not be counted in the capacity
647 figures for the prison system.
648 (8) REVOCATION HEARING AND RECOMMITMENT.—
649 (a) The department may terminate a medical releasee’s
650 conditional medical release and return him or her to the same or
651 another institution designated by the department.
652 (b)1. If a medical releasee’s supervision officer or a duly
653 authorized representative of the department discovers that the
654 medical or physical condition of the medical releasee has
655 improved to the extent that he or she would no longer be
656 eligible for release under this section, the conditional medical
657 release may be revoked. The department may order, as prescribed
658 by department rule, that the medical releasee be returned to the
659 custody of the department for a conditional medical release
660 revocation hearing or may allow the medical releasee to remain
661 in the community pending the revocation hearing. If the
662 department elects to order the medical releasee to be returned
663 to custody pending the revocation hearing, the officer or duly
664 authorized representative may cause a warrant to be issued for
665 the arrest of the medical releasee.
666 2. A medical releasee may admit to the allegation of
667 improved medical or physical condition or may elect to proceed
668 to a revocation hearing. The revocation hearing must be
669 conducted by the panel established in subsection (2). Before a
670 revocation hearing pursuant to this paragraph, the director of
671 inmate health services or his or her designee must review any
672 medical evidence pertaining to the medical releasee and provide
673 the panel with a recommendation regarding the medical releasee’s
674 improvement and current medical or physical condition.
675 3. A majority of the panel members must agree that
676 revocation is appropriate for a medical releasee’s conditional
677 medical release to be revoked. If conditional medical release is
678 revoked due to improvement in his or her medical or physical
679 condition, the medical releasee must be recommitted to the
680 department to serve the balance of his or her sentence in an
681 institution designated by the department with credit for the
682 time served on conditional medical release and without
683 forfeiture of any gain-time accrued before recommitment. If the
684 medical releasee whose conditional medical release is revoked
685 due to an improvement in his or her medical or physical
686 condition would otherwise be eligible for parole or any other
687 release program, he or she may be considered for such release
688 program pursuant to law.
689 4. A medical releasee whose conditional medical release is
690 revoked pursuant to this paragraph may elect to have the
691 decision reviewed by the department’s general counsel and chief
692 medical officer, who must make a recommendation to the
693 secretary. The secretary must review all relevant information
694 and make a final decision about the appropriateness of the
695 revocation of conditional medical release pursuant to this
696 paragraph. The decision of the secretary is a final
697 administrative decision not subject to appeal.
698 (c)1. The medical releasee’s conditional medical release
699 may also be revoked for violation of any release conditions the
700 department establishes, including, but not limited to, a new
701 violation of law.
702 2. If a duly authorized representative of the department
703 has reasonable grounds to believe that a medical releasee has
704 violated the conditions of his or her release in a material
705 respect, such representative may cause a warrant to be issued
706 for the arrest of the medical releasee. A law enforcement
707 officer or a probation officer may arrest the medical releasee
708 without a warrant in accordance with s. 948.06 if there are
709 reasonable grounds to believe he or she has violated the terms
710 and conditions of his or her conditional medical release. The
711 law enforcement officer must report the medical releasee’s
712 alleged violations to the supervising probation office or the
713 department’s emergency action center for initiation of
714 revocation proceedings as prescribed by department rule.
715 3. If the basis of the violation of release conditions is
716 related to a new violation of law, the medical releasee must be
717 detained without bond until his or her initial appearance, at
718 which time a judicial determination of probable cause is made.
719 If the judge determines that there was no probable cause for the
720 arrest, the medical releasee may be released. A judicial
721 determination of probable cause also constitutes reasonable
722 grounds to believe that the medical releasee violated the
723 conditions of the conditional medical release.
724 4. The department must order that the medical releasee
725 subject to revocation under this paragraph be returned to
726 department custody for a conditional medical release revocation
727 hearing. A medical releasee may admit to the alleged violation
728 of the conditions of conditional medical release or may elect to
729 proceed to a revocation hearing. The revocation hearing must be
730 conducted by the panel established in subsection (2).
731 5. A majority of the panel members must agree that
732 revocation is appropriate for the medical releasee’s conditional
733 medical release to be revoked. If conditional medical release is
734 revoked pursuant to this paragraph, the medical releasee must
735 serve the balance of his or her sentence in an institution
736 designated by the department with credit for the actual time
737 served on conditional medical release. The releasee’s gain-time
738 accrued before recommitment may be forfeited pursuant to s.
739 944.28(1). If the medical releasee whose conditional medical
740 release is revoked subject to this paragraph would otherwise be
741 eligible for parole or any other release program, he or she may
742 be considered for such release program pursuant to law.
743 6. A medical releasee whose conditional medical release has
744 been revoked pursuant to this paragraph may elect to have the
745 revocation reviewed by the department’s general counsel, who
746 must make a recommendation to the secretary. The secretary must
747 review all relevant information and make a final decision about
748 the appropriateness of the revocation of conditional medical
749 release pursuant to this paragraph. The decision of the
750 secretary is a final administrative decision not subject to
751 appeal.
752 (d)1. If the medical releasee subject to revocation under
753 paragraph (b) or paragraph (c) elects to proceed with a hearing,
754 the medical releasee must be informed orally and in writing of
755 the following:
756 a. The alleged basis for the pending revocation proceeding
757 against the releasee.
758 b. The releasee’s right to be represented by counsel.
759 However, this sub-subparagraph does not create a right to
760 publicly funded legal counsel.
761 c. The releasee’s right to be heard either in person or by
762 electronic audiovisual device in the discretion of the
763 department.
764 d. The releasee’s right to secure, present, and compel the
765 attendance of witnesses relevant to the proceeding.
766 e. The releasee’s right to produce documents on his or her
767 own behalf.
768 f. The releasee’s right of access to all evidence used to
769 support the revocation proceeding against the releasee and to
770 confront and cross-examine adverse witnesses.
771 g. The releasee’s right to waive the hearing.
772 2. If the panel approves the revocation of the medical
773 releasee’s conditional medical release under paragraph (a) or
774 paragraph (b), the panel must provide a written statement as to
775 evidence relied on and reasons for revocation.
776 (e) A medical releasee whose conditional medical release is
777 revoked and who is recommitted to the department under this
778 subsection must comply with the 85 percent requirement in
779 accordance with ss. 921.002 and 944.275 upon recommitment.
780 (9) SPECIAL REQUIREMENTS UPON AN INMATE’S DIAGNOSIS OF A
781 TERMINAL CONDITION.—
782 (a) If an inmate is diagnosed with a terminal medical
783 condition that makes him or her eligible for consideration for
784 release under paragraph (3)(c) while in the custody of the
785 department, subject to confidentiality requirements, the
786 department must:
787 1. Notify the inmate’s family or next of kin and attorney,
788 if applicable, of such diagnosis within 72 hours after the
789 diagnosis.
790 2. Provide the inmate’s family, including extended family,
791 an opportunity to visit the inmate in person within 7 days after
792 the diagnosis.
793 3. Initiate a review for conditional medical release as
794 provided for in this section immediately upon the diagnosis.
795 (b) If the inmate has mental and physical capacity, he or
796 she must consent to release of confidential information for the
797 department to comply with the notification requirements required
798 in this subsection.
799 (10) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
800 and in accordance with s. 13, Art. X of the State Constitution,
801 members of the panel established in subsection (2) who are
802 involved with decisions that grant or revoke conditional medical
803 release are provided immunity from liability for actions that
804 directly relate to such decisions.
805 (11) RULEMAKING AUTHORITY.—The department may adopt rules
806 as necessary to implement this section.
807 Section 6. Section 945.0912, Florida Statutes, is created
808 to read:
809 945.0912 Conditional aging inmate release.—
810 (1) FINDINGS.—The Legislature finds that the number of
811 aging inmates incarcerated in the state’s prisons has grown
812 significantly in recent years. Further, the Legislature finds
813 that imprisonment tends to exacerbate the effects of aging due
814 to histories of substance abuse and inadequate preventive care
815 before imprisonment and stress linked to prison life. The
816 Legislature also finds that recidivism rates are greatly reduced
817 with older inmates who are released into the community.
818 Therefore, the Legislature finds that it is of great public
819 importance to find a compassionate solution to the challenges
820 presented by the imprisonment of aging inmates while also
821 ensuring that the public safety of Florida’s communities remains
822 protected.
823 (2) CREATION.—There is established a conditional aging
824 inmate release program within the department for the purpose of
825 determining eligible inmates who are appropriate for such
826 release, supervising the released inmates, and conducting
827 revocation hearings as provided for in this section. The program
828 must include a panel of at least three people appointed by the
829 secretary or his or her designee for the purpose of determining
830 the appropriateness of conditional aging inmate release and
831 conducting revocation hearings on the inmate releases.
832 (3) ELIGIBILITY.—
833 (a) An inmate is eligible for consideration for release
834 under the conditional aging inmate release program when the
835 inmate has reached 65 years of age and has served at least 10
836 years on his or her term of imprisonment. Notwithstanding any
837 other law, an inmate who meets this criteria as prescribed in
838 this subsection may be released from the custody of the
839 department pursuant to this section before serving 85 percent of
840 his or her term of imprisonment.
841 (b) An inmate may not be considered for release through the
842 conditional aging inmate release program if he or she has ever
843 been found guilty of, regardless of adjudication, or entered a
844 plea of nolo contendere or guilty to, or has been adjudicated
845 delinquent for committing:
846 1. Any offense classified or that was reclassified as a
847 capital felony, life felony, or first degree felony punishable
848 by a term of years not exceeding life imprisonment.
849 2. Any violation of law which resulted in the killing of a
850 human being.
851 3. Any felony offense that serves as a predicate to
852 registration as a sexual offender in accordance with s.
853 943.0435.
854 4. Any similar offense committed in another jurisdiction
855 which would be an offense listed in this paragraph if it had
856 been committed in violation of the laws of this state.
857 (c) An inmate who has previously been released on any form
858 of conditional or discretionary release and who was recommitted
859 to the department as a result of a finding that he or she
860 subsequently violated the terms of such conditional or
861 discretionary release may not be considered for release through
862 the program.
863 (4) REFERRAL FOR CONSIDERATION.—
864 (a)1. Notwithstanding any law to the contrary, an inmate in
865 the custody of the department who is eligible for consideration
866 pursuant to subsection (3) must be considered for the
867 conditional aging inmate release program.
868 2. The authority to grant conditional aging inmate release
869 rests solely with the department. An inmate does not have a
870 right to such release.
871 (b) The department must identify inmates who may be
872 eligible for the conditional aging inmate release program. In
873 considering an inmate for conditional aging inmate release, the
874 department may require the production of additional evidence or
875 any other additional investigations that the department deems
876 necessary for determining the appropriateness of the eligible
877 inmate’s release.
878 (c) The department must refer an inmate to the panel
879 established under subsection (2) for review and determination of
880 conditional aging inmate release upon his or her identification
881 as potentially eligible for release pursuant to this section.
882 (d) If the case that resulted in the inmate’s commitment to
883 the department involved a victim, and the victim specifically
884 requested notification pursuant to s. 16, Art. I of the State
885 Constitution, the department must notify the victim, in a manner
886 prescribed by rule, of the inmate’s referral to the panel upon
887 identification of the inmate as potentially eligible for release
888 under this section. Additionally, the victim must be afforded
889 the right to be heard regarding the release of the inmate.
890 (5) DETERMINATION OF RELEASE.—
891 (a) The panel established in subsection (2) must conduct a
892 hearing to determine whether the inmate is appropriate for
893 conditional aging inmate release. The hearing must be conducted
894 by the panel:
895 1. By April 1, 2022, if the inmate is immediately eligible
896 for consideration for the conditional aging inmate release
897 program when this section takes effect on October 1, 2021.
898 2. By July 1, 2022, if the inmate becomes eligible for
899 consideration for the conditional aging inmate release program
900 after October 1, 2021, but before July 1, 2022.
901 3. Within 45 days after receiving the referral if the
902 inmate becomes eligible for conditional aging inmate release any
903 time on or after July 1, 2022.
904 (b) A majority of the panel members must agree that the
905 inmate is appropriate for release pursuant to this section. If
906 conditional aging inmate release is approved, the inmate must be
907 released by the department to the community within a reasonable
908 amount of time with necessary release conditions imposed
909 pursuant to subsection (6).
910 (c)1. An inmate who is denied conditional aging inmate
911 release by the panel may elect to have the decision reviewed by
912 the department’s general counsel, who must make a recommendation
913 to the secretary. The secretary must review all relevant
914 information and make a final decision about the appropriateness
915 of conditional aging inmate release pursuant to this section.
916 The decision of the secretary is a final administrative decision
917 not subject to appeal.
918 2. An inmate who requests to have the decision reviewed in
919 accordance with this paragraph must do so in a manner prescribed
920 by rule. An inmate who is denied conditional aging inmate
921 release may be subsequently reconsidered for such release in a
922 manner prescribed by rule.
923 (6) RELEASE CONDITIONS.—
924 (a) An inmate granted release pursuant to this section is
925 released for a period equal to the length of time remaining on
926 his or her term of imprisonment on the date the release is
927 granted. Such inmate is considered an aging releasee upon
928 release from the department into the community. The aging
929 releasee must comply with all reasonable conditions of release
930 the department imposes, which must include, at a minimum:
931 1. Supervision by an officer trained to handle special
932 offender caseloads.
933 2. Active electronic monitoring, if such monitoring is
934 determined to be necessary to ensure the safety of the public
935 and the aging releasee’s compliance with release conditions.
936 3. Any conditions of community control provided for in s.
937 948.101.
938 4. Any other conditions the department deems appropriate to
939 ensure the safety of the community and compliance by the aging
940 releasee.
941 (b) An aging releasee is considered to be in the custody,
942 supervision, and control of the department, which, for purposes
943 of this section, does not create a duty for the department to
944 provide the aging releasee with medical care upon release into
945 the community. The aging releasee remains eligible to earn or
946 lose gain-time in accordance with s. 944.275 and department
947 rule. The aging releasee may not be counted in the prison system
948 population, and the aging releasee’s approved community-based
949 housing location may not be counted in the capacity figures for
950 the prison system.
951 (7) REVOCATION HEARING AND RECOMMITMENT.—
952 (a)1. An aging releasee’s conditional aging inmate release
953 may be revoked for a violation of any condition of the release
954 established by the department, including, but not limited to, a
955 new violation of law. The department may terminate the aging
956 releasee’s conditional aging inmate release and return him or
957 her to the same or another institution designated by the
958 department.
959 2. If a duly authorized representative of the department
960 has reasonable grounds to believe that an aging releasee has
961 violated the conditions of his or her release in a material
962 respect, such representative may cause a warrant to be issued
963 for the arrest of the aging releasee. A law enforcement officer
964 or a probation officer may arrest the aging releasee without a
965 warrant in accordance with s. 948.06 if there are reasonable
966 grounds to believe he or she has violated the terms and
967 conditions of his or her conditional aging inmate release. The
968 law enforcement officer must report the aging releasee’s alleged
969 violations to the supervising probation office or the
970 department’s emergency action center for initiation of
971 revocation proceedings as prescribed by department rule.
972 3. If the basis of the violation of release conditions is
973 related to a new violation of law, the aging releasee must be
974 detained without bond until his or her initial appearance, at
975 which a judicial determination of probable cause is made. If the
976 judge determines that there was no probable cause for the
977 arrest, the aging releasee may be released. A judicial
978 determination of probable cause also constitutes reasonable
979 grounds to believe that the aging releasee violated the
980 conditions of the release.
981 4. The department must order that the aging releasee
982 subject to revocation under this subsection be returned to
983 department custody for a conditional aging inmate release
984 revocation hearing as prescribed by rule. An aging releasee may
985 admit to the alleged violation of the conditions of conditional
986 aging inmate release or may elect to proceed to a revocation
987 hearing. The revocation hearing must be conducted by the panel
988 established in subsection (2).
989 5. A majority of the panel members must agree that
990 revocation is appropriate for the aging releasee’s conditional
991 aging inmate release to be revoked. If conditional aging inmate
992 release is revoked pursuant to this subsection, the aging
993 releasee must serve the balance of his or her sentence in an
994 institution designated by the department with credit for the
995 actual time served on conditional aging inmate release. However,
996 the aging releasee’s gain-time accrued before recommitment may
997 be forfeited pursuant to s. 944.28(1). An aging releasee whose
998 conditional aging inmate release is revoked and is recommitted
999 to the department under this subsection must comply with the 85
1000 percent requirement in accordance with ss. 921.002 and 944.275.
1001 If the aging releasee whose conditional aging inmate release is
1002 revoked subject to this subsection would otherwise be eligible
1003 for parole or any other release program, he or she may be
1004 considered for such release program pursuant to law.
1005 6. An aging releasee whose release has been revoked
1006 pursuant to this subsection may elect to have the revocation
1007 reviewed by the department’s general counsel, who must make a
1008 recommendation to the secretary. The secretary must review all
1009 relevant information and make a final decision about the
1010 appropriateness of the revocation of conditional aging inmate
1011 release pursuant to this subsection. The decision of the
1012 secretary is a final administrative decision not subject to
1013 appeal.
1014 (b) If the aging releasee subject to revocation under this
1015 subsection elects to proceed with a hearing, the aging releasee
1016 must be informed orally and in writing of the following:
1017 1. The alleged violation with which the releasee is
1018 charged.
1019 2. The releasee’s right to be represented by counsel.
1020 However, this subparagraph does not create a right to publicly
1021 funded legal counsel.
1022 3. The releasee’s right to be heard either in person or by
1023 electronic audiovisual device in the discretion of the
1024 department.
1025 4. The releasee’s right to secure, present, and compel the
1026 attendance of witnesses relevant to the proceeding.
1027 5. The releasee’s right to produce documents on his or her
1028 own behalf.
1029 6. The releasee’s right of access to all evidence used
1030 against the releasee and to confront and cross-examine adverse
1031 witnesses.
1032 7. The releasee’s right to waive the hearing.
1033 (c) If the panel approves the revocation of the aging
1034 releasee’s conditional aging inmate release, the panel must
1035 provide a written statement as to evidence relied on and reasons
1036 for revocation.
1037 (8) SOVEREIGN IMMUNITY.—Unless otherwise provided by law
1038 and in accordance with s. 13, Art. X of the State Constitution,
1039 members of the panel established in subsection (2) who are
1040 involved with decisions that grant or revoke conditional aging
1041 inmate release are provided immunity from liability for actions
1042 that directly relate to such decisions.
1043 (9) RULEMAKING AUTHORITY.—The department may adopt rules as
1044 necessary to implement this section.
1045 Section 7. Section 947.149, Florida Statutes, is repealed.
1046 Section 8. Subsection (6) of section 316.1935, Florida
1047 Statutes, is amended to read:
1048 316.1935 Fleeing or attempting to elude a law enforcement
1049 officer; aggravated fleeing or eluding.—
1050 (6) Notwithstanding s. 948.01, a court may not no court may
1051 suspend, defer, or withhold adjudication of guilt or imposition
1052 of sentence for any violation of this section. A person
1053 convicted and sentenced to a mandatory minimum term of
1054 incarceration under paragraph (3)(b) or paragraph (4)(b) is not
1055 eligible for statutory gain-time under s. 944.275 or any form of
1056 discretionary early release, other than pardon or executive
1057 clemency, or conditional medical release under s. 945.0911 s.
1058 947.149, or conditional aging inmate release under s. 945.0912,
1059 before prior to serving the mandatory minimum sentence.
1060 Section 9. Paragraph (k) of subsection (4) of section
1061 775.084, Florida Statutes, is amended to read:
1062 775.084 Violent career criminals; habitual felony offenders
1063 and habitual violent felony offenders; three-time violent felony
1064 offenders; definitions; procedure; enhanced penalties or
1065 mandatory minimum prison terms.—
1066 (4)
1067 (k)1. A defendant sentenced under this section as a
1068 habitual felony offender, a habitual violent felony offender, or
1069 a violent career criminal is eligible for gain-time granted by
1070 the Department of Corrections as provided in s. 944.275(4)(b).
1071 2. For an offense committed on or after October 1, 1995, a
1072 defendant sentenced under this section as a violent career
1073 criminal is not eligible for any form of discretionary early
1074 release, other than pardon or executive clemency, or conditional
1075 medical release under s. 945.0911, or conditional aging inmate
1076 release under s. 945.0912 granted pursuant to s. 947.149.
1077 3. For an offense committed on or after July 1, 1999, a
1078 defendant sentenced under this section as a three-time violent
1079 felony offender shall be released only by expiration of sentence
1080 and is shall not be eligible for parole, control release, or any
1081 form of early release.
1082 Section 10. Paragraph (b) of subsection (2) and paragraph
1083 (b) of subsection (3) of section 775.087, Florida Statutes, are
1084 amended to read:
1085 775.087 Possession or use of weapon; aggravated battery;
1086 felony reclassification; minimum sentence.—
1087 (2)
1088 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
1089 (a)3. does not prevent a court from imposing a longer sentence
1090 of incarceration as authorized by law in addition to the minimum
1091 mandatory sentence, or from imposing a sentence of death
1092 pursuant to other applicable law. Subparagraph (a)1.,
1093 subparagraph (a)2., or subparagraph (a)3. does not authorize a
1094 court to impose a lesser sentence than otherwise required by
1095 law.
1096
1097 Notwithstanding s. 948.01, adjudication of guilt or imposition
1098 of sentence may shall not be suspended, deferred, or withheld,
1099 and the defendant is not eligible for statutory gain-time under
1100 s. 944.275 or any form of discretionary early release, other
1101 than pardon or executive clemency, or conditional medical
1102 release under s. 945.0911 s. 947.149, or conditional aging
1103 inmate release under s. 945.0912, before prior to serving the
1104 minimum sentence.
1105 (3)
1106 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
1107 (a)3. does not prevent a court from imposing a longer sentence
1108 of incarceration as authorized by law in addition to the minimum
1109 mandatory sentence, or from imposing a sentence of death
1110 pursuant to other applicable law. Subparagraph (a)1.,
1111 subparagraph (a)2., or subparagraph (a)3. does not authorize a
1112 court to impose a lesser sentence than otherwise required by
1113 law.
1114
1115 Notwithstanding s. 948.01, adjudication of guilt or imposition
1116 of sentence may shall not be suspended, deferred, or withheld,
1117 and the defendant is not eligible for statutory gain-time under
1118 s. 944.275 or any form of discretionary early release, other
1119 than pardon or executive clemency, or conditional medical
1120 release under s. 945.0911 s. 947.149, or conditional aging
1121 inmate release under s. 945.0912, before prior to serving the
1122 minimum sentence.
1123 Section 11. Subsection (3) of section 784.07, Florida
1124 Statutes, is amended to read:
1125 784.07 Assault or battery of law enforcement officers,
1126 firefighters, emergency medical care providers, public transit
1127 employees or agents, or other specified officers;
1128 reclassification of offenses; minimum sentences.—
1129 (3) Any person who is convicted of a battery under
1130 paragraph (2)(b) and, during the commission of the offense, such
1131 person possessed:
1132 (a) A “firearm” or “destructive device” as those terms are
1133 defined in s. 790.001, shall be sentenced to a minimum term of
1134 imprisonment of 3 years.
1135 (b) A semiautomatic firearm and its high-capacity
1136 detachable box magazine, as defined in s. 775.087(3), or a
1137 machine gun as defined in s. 790.001, shall be sentenced to a
1138 minimum term of imprisonment of 8 years.
1139
1140 Notwithstanding s. 948.01, adjudication of guilt or imposition
1141 of sentence may shall not be suspended, deferred, or withheld,
1142 and the defendant is not eligible for statutory gain-time under
1143 s. 944.275 or any form of discretionary early release, other
1144 than pardon or executive clemency, or conditional medical
1145 release under s. 945.0911 s. 947.149, or conditional aging
1146 inmate release under s. 945.0912, before prior to serving the
1147 minimum sentence.
1148 Section 12. Subsection (1) of section 790.235, Florida
1149 Statutes, is amended to read:
1150 790.235 Possession of firearm or ammunition by violent
1151 career criminal unlawful; penalty.—
1152 (1) Any person who meets the violent career criminal
1153 criteria under s. 775.084(1)(d), regardless of whether such
1154 person is or has previously been sentenced as a violent career
1155 criminal, who owns or has in his or her care, custody,
1156 possession, or control any firearm, ammunition, or electric
1157 weapon or device, or carries a concealed weapon, including a
1158 tear gas gun or chemical weapon or device, commits a felony of
1159 the first degree, punishable as provided in s. 775.082, s.
1160 775.083, or s. 775.084. A person convicted of a violation of
1161 this section shall be sentenced to a mandatory minimum of 15
1162 years’ imprisonment; however, if the person would be sentenced
1163 to a longer term of imprisonment under s. 775.084(4)(d), the
1164 person must be sentenced under that provision. A person
1165 convicted of a violation of this section is not eligible for any
1166 form of discretionary early release, other than pardon,
1167 executive clemency, or conditional medical release under s.
1168 945.0911, or conditional aging inmate release under s. 945.0912
1169 s. 947.149.
1170 Section 13. Subsection (7) of section 794.0115, Florida
1171 Statutes, is amended to read:
1172 794.0115 Dangerous sexual felony offender; mandatory
1173 sentencing.—
1174 (7) A defendant sentenced to a mandatory minimum term of
1175 imprisonment under this section is not eligible for statutory
1176 gain-time under s. 944.275 or any form of discretionary early
1177 release, other than pardon or executive clemency, or conditional
1178 medical release under s. 945.0911 s. 947.149, before serving the
1179 minimum sentence.
1180 Section 14. Paragraphs (b), (c), and (g) of subsection (1)
1181 and subsection (3) of section 893.135, Florida Statutes, are
1182 amended to read:
1183 893.135 Trafficking; mandatory sentences; suspension or
1184 reduction of sentences; conspiracy to engage in trafficking.—
1185 (1) Except as authorized in this chapter or in chapter 499
1186 and notwithstanding the provisions of s. 893.13:
1187 (b)1. Any person who knowingly sells, purchases,
1188 manufactures, delivers, or brings into this state, or who is
1189 knowingly in actual or constructive possession of, 28 grams or
1190 more of cocaine, as described in s. 893.03(2)(a)4., or of any
1191 mixture containing cocaine, but less than 150 kilograms of
1192 cocaine or any such mixture, commits a felony of the first
1193 degree, which felony shall be known as “trafficking in cocaine,”
1194 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1195 If the quantity involved:
1196 a. Is 28 grams or more, but less than 200 grams, such
1197 person shall be sentenced to a mandatory minimum term of
1198 imprisonment of 3 years, and the defendant shall be ordered to
1199 pay a fine of $50,000.
1200 b. Is 200 grams or more, but less than 400 grams, such
1201 person shall be sentenced to a mandatory minimum term of
1202 imprisonment of 7 years, and the defendant shall be ordered to
1203 pay a fine of $100,000.
1204 c. Is 400 grams or more, but less than 150 kilograms, such
1205 person shall be sentenced to a mandatory minimum term of
1206 imprisonment of 15 calendar years and pay a fine of $250,000.
1207 2. Any person who knowingly sells, purchases, manufactures,
1208 delivers, or brings into this state, or who is knowingly in
1209 actual or constructive possession of, 150 kilograms or more of
1210 cocaine, as described in s. 893.03(2)(a)4., commits the first
1211 degree felony of trafficking in cocaine. A person who has been
1212 convicted of the first degree felony of trafficking in cocaine
1213 under this subparagraph shall be punished by life imprisonment
1214 and is ineligible for any form of discretionary early release
1215 except pardon or executive clemency or conditional medical
1216 release under s. 945.0911 s. 947.149. However, if the court
1217 determines that, in addition to committing any act specified in
1218 this paragraph:
1219 a. The person intentionally killed an individual or
1220 counseled, commanded, induced, procured, or caused the
1221 intentional killing of an individual and such killing was the
1222 result; or
1223 b. The person’s conduct in committing that act led to a
1224 natural, though not inevitable, lethal result,
1225
1226 such person commits the capital felony of trafficking in
1227 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
1228 person sentenced for a capital felony under this paragraph shall
1229 also be sentenced to pay the maximum fine provided under
1230 subparagraph 1.
1231 3. Any person who knowingly brings into this state 300
1232 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
1233 and who knows that the probable result of such importation would
1234 be the death of any person, commits capital importation of
1235 cocaine, a capital felony punishable as provided in ss. 775.082
1236 and 921.142. Any person sentenced for a capital felony under
1237 this paragraph shall also be sentenced to pay the maximum fine
1238 provided under subparagraph 1.
1239 (c)1. A person who knowingly sells, purchases,
1240 manufactures, delivers, or brings into this state, or who is
1241 knowingly in actual or constructive possession of, 4 grams or
1242 more of any morphine, opium, hydromorphone, or any salt,
1243 derivative, isomer, or salt of an isomer thereof, including
1244 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
1245 (3)(c)4., or 4 grams or more of any mixture containing any such
1246 substance, but less than 30 kilograms of such substance or
1247 mixture, commits a felony of the first degree, which felony
1248 shall be known as “trafficking in illegal drugs,” punishable as
1249 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1250 quantity involved:
1251 a. Is 4 grams or more, but less than 14 grams, such person
1252 shall be sentenced to a mandatory minimum term of imprisonment
1253 of 3 years and shall be ordered to pay a fine of $50,000.
1254 b. Is 14 grams or more, but less than 28 grams, such person
1255 shall be sentenced to a mandatory minimum term of imprisonment
1256 of 15 years and shall be ordered to pay a fine of $100,000.
1257 c. Is 28 grams or more, but less than 30 kilograms, such
1258 person shall be sentenced to a mandatory minimum term of
1259 imprisonment of 25 years and shall be ordered to pay a fine of
1260 $500,000.
1261 2. A person who knowingly sells, purchases, manufactures,
1262 delivers, or brings into this state, or who is knowingly in
1263 actual or constructive possession of, 28 grams or more of
1264 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
1265 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
1266 grams or more of any mixture containing any such substance,
1267 commits a felony of the first degree, which felony shall be
1268 known as “trafficking in hydrocodone,” punishable as provided in
1269 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
1270 a. Is 28 grams or more, but less than 50 grams, such person
1271 shall be sentenced to a mandatory minimum term of imprisonment
1272 of 3 years and shall be ordered to pay a fine of $50,000.
1273 b. Is 50 grams or more, but less than 100 grams, such
1274 person shall be sentenced to a mandatory minimum term of
1275 imprisonment of 7 years and shall be ordered to pay a fine of
1276 $100,000.
1277 c. Is 100 grams or more, but less than 300 grams, such
1278 person shall be sentenced to a mandatory minimum term of
1279 imprisonment of 15 years and shall be ordered to pay a fine of
1280 $500,000.
1281 d. Is 300 grams or more, but less than 30 kilograms, such
1282 person shall be sentenced to a mandatory minimum term of
1283 imprisonment of 25 years and shall be ordered to pay a fine of
1284 $750,000.
1285 3. A person who knowingly sells, purchases, manufactures,
1286 delivers, or brings into this state, or who is knowingly in
1287 actual or constructive possession of, 7 grams or more of
1288 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
1289 thereof, or 7 grams or more of any mixture containing any such
1290 substance, commits a felony of the first degree, which felony
1291 shall be known as “trafficking in oxycodone,” punishable as
1292 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1293 quantity involved:
1294 a. Is 7 grams or more, but less than 14 grams, such person
1295 shall be sentenced to a mandatory minimum term of imprisonment
1296 of 3 years and shall be ordered to pay a fine of $50,000.
1297 b. Is 14 grams or more, but less than 25 grams, such person
1298 shall be sentenced to a mandatory minimum term of imprisonment
1299 of 7 years and shall be ordered to pay a fine of $100,000.
1300 c. Is 25 grams or more, but less than 100 grams, such
1301 person shall be sentenced to a mandatory minimum term of
1302 imprisonment of 15 years and shall be ordered to pay a fine of
1303 $500,000.
1304 d. Is 100 grams or more, but less than 30 kilograms, such
1305 person shall be sentenced to a mandatory minimum term of
1306 imprisonment of 25 years and shall be ordered to pay a fine of
1307 $750,000.
1308 4.a. A person who knowingly sells, purchases, manufactures,
1309 delivers, or brings into this state, or who is knowingly in
1310 actual or constructive possession of, 4 grams or more of:
1311 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
1312 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
1313 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
1314 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
1315 (V) A fentanyl derivative, as described in s.
1316 893.03(1)(a)62.;
1317 (VI) A controlled substance analog, as described in s.
1318 893.0356, of any substance described in sub-sub-subparagraphs
1319 (I)-(V); or
1320 (VII) A mixture containing any substance described in sub
1321 sub-subparagraphs (I)-(VI),
1322
1323 commits a felony of the first degree, which felony shall be
1324 known as “trafficking in fentanyl,” punishable as provided in s.
1325 775.082, s. 775.083, or s. 775.084.
1326 b. If the quantity involved under sub-subparagraph a.:
1327 (I) Is 4 grams or more, but less than 14 grams, such person
1328 shall be sentenced to a mandatory minimum term of imprisonment
1329 of 3 years, and shall be ordered to pay a fine of $50,000.
1330 (II) Is 14 grams or more, but less than 28 grams, such
1331 person shall be sentenced to a mandatory minimum term of
1332 imprisonment of 15 years, and shall be ordered to pay a fine of
1333 $100,000.
1334 (III) Is 28 grams or more, such person shall be sentenced
1335 to a mandatory minimum term of imprisonment of 25 years, and
1336 shall be ordered to pay a fine of $500,000.
1337 5. A person who knowingly sells, purchases, manufactures,
1338 delivers, or brings into this state, or who is knowingly in
1339 actual or constructive possession of, 30 kilograms or more of
1340 any morphine, opium, oxycodone, hydrocodone, codeine,
1341 hydromorphone, or any salt, derivative, isomer, or salt of an
1342 isomer thereof, including heroin, as described in s.
1343 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
1344 more of any mixture containing any such substance, commits the
1345 first degree felony of trafficking in illegal drugs. A person
1346 who has been convicted of the first degree felony of trafficking
1347 in illegal drugs under this subparagraph shall be punished by
1348 life imprisonment and is ineligible for any form of
1349 discretionary early release except pardon or executive clemency
1350 or conditional medical release under s. 945.0911 s. 947.149.
1351 However, if the court determines that, in addition to committing
1352 any act specified in this paragraph:
1353 a. The person intentionally killed an individual or
1354 counseled, commanded, induced, procured, or caused the
1355 intentional killing of an individual and such killing was the
1356 result; or
1357 b. The person’s conduct in committing that act led to a
1358 natural, though not inevitable, lethal result,
1359
1360 such person commits the capital felony of trafficking in illegal
1361 drugs, punishable as provided in ss. 775.082 and 921.142. A
1362 person sentenced for a capital felony under this paragraph shall
1363 also be sentenced to pay the maximum fine provided under
1364 subparagraph 1.
1365 6. A person who knowingly brings into this state 60
1366 kilograms or more of any morphine, opium, oxycodone,
1367 hydrocodone, codeine, hydromorphone, or any salt, derivative,
1368 isomer, or salt of an isomer thereof, including heroin, as
1369 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
1370 60 kilograms or more of any mixture containing any such
1371 substance, and who knows that the probable result of such
1372 importation would be the death of a person, commits capital
1373 importation of illegal drugs, a capital felony punishable as
1374 provided in ss. 775.082 and 921.142. A person sentenced for a
1375 capital felony under this paragraph shall also be sentenced to
1376 pay the maximum fine provided under subparagraph 1.
1377 (g)1. Any person who knowingly sells, purchases,
1378 manufactures, delivers, or brings into this state, or who is
1379 knowingly in actual or constructive possession of, 4 grams or
1380 more of flunitrazepam or any mixture containing flunitrazepam as
1381 described in s. 893.03(1)(a) commits a felony of the first
1382 degree, which felony shall be known as “trafficking in
1383 flunitrazepam,” punishable as provided in s. 775.082, s.
1384 775.083, or s. 775.084. If the quantity involved:
1385 a. Is 4 grams or more but less than 14 grams, such person
1386 shall be sentenced to a mandatory minimum term of imprisonment
1387 of 3 years, and the defendant shall be ordered to pay a fine of
1388 $50,000.
1389 b. Is 14 grams or more but less than 28 grams, such person
1390 shall be sentenced to a mandatory minimum term of imprisonment
1391 of 7 years, and the defendant shall be ordered to pay a fine of
1392 $100,000.
1393 c. Is 28 grams or more but less than 30 kilograms, such
1394 person shall be sentenced to a mandatory minimum term of
1395 imprisonment of 25 calendar years and pay a fine of $500,000.
1396 2. Any person who knowingly sells, purchases, manufactures,
1397 delivers, or brings into this state or who is knowingly in
1398 actual or constructive possession of 30 kilograms or more of
1399 flunitrazepam or any mixture containing flunitrazepam as
1400 described in s. 893.03(1)(a) commits the first degree felony of
1401 trafficking in flunitrazepam. A person who has been convicted of
1402 the first degree felony of trafficking in flunitrazepam under
1403 this subparagraph shall be punished by life imprisonment and is
1404 ineligible for any form of discretionary early release except
1405 pardon or executive clemency or conditional medical release
1406 under s. 945.0911 s. 947.149. However, if the court determines
1407 that, in addition to committing any act specified in this
1408 paragraph:
1409 a. The person intentionally killed an individual or
1410 counseled, commanded, induced, procured, or caused the
1411 intentional killing of an individual and such killing was the
1412 result; or
1413 b. The person’s conduct in committing that act led to a
1414 natural, though not inevitable, lethal result,
1415
1416 such person commits the capital felony of trafficking in
1417 flunitrazepam, punishable as provided in ss. 775.082 and
1418 921.142. Any person sentenced for a capital felony under this
1419 paragraph shall also be sentenced to pay the maximum fine
1420 provided under subparagraph 1.
1421 (3) Notwithstanding the provisions of s. 948.01, with
1422 respect to any person who is found to have violated this
1423 section, adjudication of guilt or imposition of sentence shall
1424 not be suspended, deferred, or withheld, nor shall such person
1425 be eligible for parole prior to serving the mandatory minimum
1426 term of imprisonment prescribed by this section. A person
1427 sentenced to a mandatory minimum term of imprisonment under this
1428 section is not eligible for any form of discretionary early
1429 release, except pardon or executive clemency or conditional
1430 medical release under s. 945.0911 s. 947.149, prior to serving
1431 the mandatory minimum term of imprisonment.
1432 Section 15. Subsection (2) of section 921.0024, Florida
1433 Statutes, is amended to read:
1434 921.0024 Criminal Punishment Code; worksheet computations;
1435 scoresheets.—
1436 (2) The lowest permissible sentence is the minimum sentence
1437 that may be imposed by the trial court, absent a valid reason
1438 for departure. The lowest permissible sentence is any nonstate
1439 prison sanction in which the total sentence points equals or is
1440 less than 44 points, unless the court determines within its
1441 discretion that a prison sentence, which may be up to the
1442 statutory maximums for the offenses committed, is appropriate.
1443 When the total sentence points exceeds 44 points, the lowest
1444 permissible sentence in prison months shall be calculated by
1445 subtracting 28 points from the total sentence points and
1446 decreasing the remaining total by 25 percent. The total sentence
1447 points shall be calculated only as a means of determining the
1448 lowest permissible sentence. The permissible range for
1449 sentencing shall be the lowest permissible sentence up to and
1450 including the statutory maximum, as defined in s. 775.082, for
1451 the primary offense and any additional offenses before the court
1452 for sentencing. The sentencing court may impose such sentences
1453 concurrently or consecutively. However, any sentence to state
1454 prison must exceed 1 year. If the lowest permissible sentence
1455 under the code exceeds the statutory maximum sentence as
1456 provided in s. 775.082, the sentence required by the code must
1457 be imposed. If the total sentence points are greater than or
1458 equal to 363, the court may sentence the offender to life
1459 imprisonment. An offender sentenced to life imprisonment under
1460 this section is not eligible for any form of discretionary early
1461 release, except executive clemency or conditional medical
1462 release under s. 945.0911 s. 947.149.
1463 Section 16. Paragraph (b) of subsection (7) of section
1464 944.605, Florida Statutes, is amended to read:
1465 944.605 Inmate release; notification; identification card.—
1466 (7)
1467 (b) Paragraph (a) does not apply to inmates who:
1468 1. The department determines have a valid driver license or
1469 state identification card, except that the department shall
1470 provide these inmates with a replacement state identification
1471 card or replacement driver license, if necessary.
1472 2. Have an active detainer, unless the department
1473 determines that cancellation of the detainer is likely or that
1474 the incarceration for which the detainer was issued will be less
1475 than 12 months in duration.
1476 3. Are released due to an emergency release or a
1477 conditional medical release under s. 945.0911 s. 947.149.
1478 4. Are not in the physical custody of the department at or
1479 within 180 days before release.
1480 5. Are subject to sex offender residency restrictions, and
1481 who, upon release under such restrictions, do not have a
1482 qualifying address.
1483 Section 17. Paragraph (b) of subsection (1) of section
1484 944.70, Florida Statutes, is amended to read:
1485 944.70 Conditions for release from incarceration.—
1486 (1)
1487 (b) A person who is convicted of a crime committed on or
1488 after January 1, 1994, may be released from incarceration only:
1489 1. Upon expiration of the person’s sentence;
1490 2. Upon expiration of the person’s sentence as reduced by
1491 accumulated meritorious or incentive gain-time;
1492 3. As directed by an executive order granting clemency;
1493 4. Upon placement in a conditional release program pursuant
1494 to s. 947.1405 or a conditional medical release program pursuant
1495 to s. 945.0911 s. 947.149; or
1496 5. Upon the granting of control release, including
1497 emergency control release, pursuant to s. 947.146.
1498 Section 18. Paragraph (h) of subsection (1) of section
1499 947.13, Florida Statutes, is amended to read:
1500 947.13 Powers and duties of commission.—
1501 (1) The commission shall have the powers and perform the
1502 duties of:
1503 (h) Determining what persons will be released on
1504 conditional medical release under s. 945.0911 s. 947.149,
1505 establishing the conditions of conditional medical release, and
1506 determining whether a person has violated the conditions of
1507 conditional medical release and taking action with respect to
1508 such a violation.
1509 Section 19. Subsections (1), (2), and (7) of section
1510 947.141, Florida Statutes, are amended to read:
1511 947.141 Violations of conditional release, control release,
1512 or conditional medical release or addiction-recovery
1513 supervision.—
1514 (1) If a member of the commission or a duly authorized
1515 representative of the commission has reasonable grounds to
1516 believe that an offender who is on release supervision under s.
1517 945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
1518 has violated the terms and conditions of the release in a
1519 material respect, such member or representative may cause a
1520 warrant to be issued for the arrest of the releasee; if the
1521 offender was found to be a sexual predator, the warrant must be
1522 issued.
1523 (2) Upon the arrest on a felony charge of an offender who
1524 is on release supervision under s. 945.0911, s. 947.1405, s.
1525 947.146, s. 947.149, or s. 944.4731, the offender must be
1526 detained without bond until the initial appearance of the
1527 offender at which a judicial determination of probable cause is
1528 made. If the trial court judge determines that there was no
1529 probable cause for the arrest, the offender may be released. If
1530 the trial court judge determines that there was probable cause
1531 for the arrest, such determination also constitutes reasonable
1532 grounds to believe that the offender violated the conditions of
1533 the release. Within 24 hours after the trial court judge’s
1534 finding of probable cause, the detention facility administrator
1535 or designee shall notify the commission and the department of
1536 the finding and transmit to each a facsimile copy of the
1537 probable cause affidavit or the sworn offense report upon which
1538 the trial court judge’s probable cause determination is based.
1539 The offender must continue to be detained without bond for a
1540 period not exceeding 72 hours excluding weekends and holidays
1541 after the date of the probable cause determination, pending a
1542 decision by the commission whether to issue a warrant charging
1543 the offender with violation of the conditions of release. Upon
1544 the issuance of the commission’s warrant, the offender must
1545 continue to be held in custody pending a revocation hearing held
1546 in accordance with this section.
1547 (7) If a law enforcement officer has probable cause to
1548 believe that an offender who is on release supervision under s.
1549 945.0911, s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731
1550 has violated the terms and conditions of his or her release by
1551 committing a felony offense, the officer shall arrest the
1552 offender without a warrant, and a warrant need not be issued in
1553 the case.
1554 Section 20. This act shall take effect October 1, 2021.