SB 1032 — Criminal Convictions

rehabilitationSection credits.—4. Section (1) The944.275, departmentFlorida Statutes, is authorizedamended to grantread: deductions from sentences in the form of outstanding deed gain-time, good behavior time, and rehabilitation credits in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.

944.275 Good behavior time;

rehabilitation credits;

outstanding deed awards gain-time.— (1) The department is authorized to grant deductions from sentences in the form of good behavior time, rehabilitation credits, and outstanding deed awards gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.

(3)(a) The department shall also establish for each prisoner sentenced to a term of years a “tentative release date” which shall be the date projected for the prisoner’s release from custody by virtue of outstanding deed gain-time, good behavior time, rehabilitation credits, or rehabilitationoutstanding creditsdeed awards gain-time granted or forfeited as described in this section.

The initial tentative release date shall be determined by deducting outstanding deed basic gain time, good behavior time,time orbasic rehabilitationgain-time credits granted from the maximum sentence expiration date.

OutstandingRehabilitation deedcredits Otherand gain-time,outstanding gooddeed behaviorawards time,Other andgain-time rehabilitation credits shall be applied when granted or restored to make the tentative release date proportionately earlier;

and forfeitures of good behavior time gain-time, when ordered, shall be applied to make the tentative release date proportionately later.

(b) When an initial tentative release date is reestablished because of additional sentences imposed before the prisoner has completely served all prior sentences, any outstanding deed gain-time, good behavior time, rehabilitation credits, and rehabilitationoutstanding creditsdeed awards gain-time granted during service of a prior sentence and not forfeited shall be applied.

(c) A prisoner An inmate who performs some outstanding deed, such as saving a life or assisting in recapturing an escaped prisoner inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from the term of his or her sentence may be granted an outstanding deed award meritorious gain-time of from 30 1 to 60 days per outstanding deed performed.

and 2., incentive gain-time under subparagraphs (b)1., 2., and 3., the education program manager shall recommend, and the department shall grant awards of Corrections may grant, to a prisoner who is otherwise eligible, a one-time award of 60 additional days of rehabilitation credits for each of the following successfully completed by a prisoner:

incentive gaingain-time time to an inmate who is otherwise eligible and who successfully completes requirements for and is, or has been during the current commitment, awarded a high school equivalency diploma, a college degree, a or vocational certificate, a drug treatment program, a mentallife healthskills treatment program, a lifereentry skills program, aor behavioralother modificationevidence-based program,program aapproved reentryby program,the ordepartment anthat equivalentserves rehabilitativethe program.purpose of reducing recidivism and assisting a prisoner reintegrate into society.

Additionally,For thepurposes departmentof shallthis grantparagraph, 5a additional“life daysskills ofprogram” rehabilitationmeans creditsa forprogram, successfulapproved completionby the department, which consists of anyat otherleast department60 approvedhours program,designed includingto prisoner-developedreduce programsrecidivism orby addressing, at a passingminimum, gradeeducation, injob eachskill, onlineinterpersonal orskills, in-personstress educationaland course.anger management, and personal development.

Additionally, the department shall grant 5 additional days of rehabilitation credits for successful completion of any other department-approved program, including prisoner-developed programs or a passing grade in each online or in-person educational course, as approved by the department.

and 2., the department may grant up to 2 additional days per month of good behavior time to prisoners serving sentences for violations of s.

(g)1.(f) A prisoner An inmate who is subject to this subsection and who is serving a sentence imposed for an offense committed on or after October 1, 1995, subparagraph (b)3.

is not eligible to earn or receive outstandinggood deedbehavior gain-timetime or goodoutstanding behaviordeed timeawards gain-time under paragraph (a), paragraph (b), paragraph (c), or paragraph (d) or any other type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner’s release, before he or she serves prior to serving a minimum of 85 percent of the sentence imposed.

Except as provided by this section, a prisoner serving a sentence imposed for an offense committed on or after October 1, 1995, may not accumulate further good behavior time gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served 65 85 percent of the sentence imposed.

A prisoner may not accumulate further rehabilitation credits or outstanding deed awards at any point when the tentative release date is the same as that date at which the prisoner will have served 65 percent of the sentence imposed.

(5) If When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, good behavior time not yet vested gain-time may be forfeited according to law after due process.

For purposes of this subsection, good behavior time vests 2 years after being granted.

(b) All outstandinggood deedbehavior incentivetime, andrehabilitation meritoriouscredits, gainand time,outstanding gooddeed behaviorawards time,are incentive and rehabilitationmeritorious creditsgain-time are is granted according to this section.

(7) The department shall adopt rules to implement the granting, forfeiture, restoration, and deletion of outstanding deed gain-time, good behavior time, rehabilitation credits, and rehabilitationoutstanding credits.deed awards, gain time.

Section 3. Subsection5. Subsection (7)(2) of section 794.011,316.027, Florida Statutes, is amended to read:

794.011 Sexual316.027 Crash battery.—involving (7) Adeath personor whopersonal isinjuries.— convicted(2)(a) The driver of committinga vehicle involved in a sexualcrash batteryoccurring on public or afterprivate Octoberproperty 1,which 1992,results isin notinjury eligibleto fora statutoryperson basicother gain-timethan underserious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s.

316.062.

A person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(b) The driver of a vehicle involved in a crash occurring on public or private property which results in serious bodily injury to a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s.

316.062.

A person who willfully violates this paragraph commits a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(c) The driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s.

316.062.

A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s.

316.061, s.

316.191, or s.

316.193, or a felony violation of s.

322.34, shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903.

A person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, and shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

A person who willfully commits such a violation while driving under the influence as set forth in s.

316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

(d) Notwithstanding s.

775.089(1)(a), if the driver of a vehicle violates paragraph (a), paragraph (b), or paragraph (c), the court shall order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling reasons not to order the restitution.

Restitution may be monetary or nonmonetary restitution.

The court shall make the payment of restitution a condition of probation in accordance with s.

948.03.

An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund under chapter 960.

Payment of an award by the Crimes Compensation Trust Fund creates an order of restitution to the Crimes Compensation Trust Fund unless specifically waived in accordance with s.

775.089(1)(b).

(e) A driver who violates paragraph (a), paragraph (b), or paragraph (c) shall have his or her driver license revoked for at least 3 years as provided in s.

322.28(4).

1. A person convicted of violating paragraph (a), paragraph (b), or paragraph (c) shall, before his or her driving privilege may be reinstated, present to the department proof of completion of a victim’s impact panel session in a judicial circuit if such a panel exists, or if such a panel does not exist, a department approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s.

322.0261(2).

2. The department may reinstate an offender’s driving privilege after he or she satisfies the 3-year revocation period as provided in s.

322.28(4) and successfully completes either a victim’s impact panel session or a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s.

322.0261(2).

3. For purposes of this paragraph, an offender’s driving privilege may be reinstated only after the department verifies that the offender participated in and successfully completed a victim’s impact panel session or a department-approved driver improvement course.

(f) For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, an offense listed in this subsection is ranked one level above the ranking specified in s.

921.0022 or s.

921.0023 for the offense committed if the victim of the offense was a vulnerable road user.

(g) The defendant may move to depart from the mandatory minimum term of imprisonment prescribed in paragraph (c) unless the violation was committed while the defendant was driving under the influence.

The state may object to this departure.

The court may grant the motion only if it finds that a factor, consideration, or circumstance clearly demonstrates that imposing a mandatory minimum term of imprisonment would constitute or result in an injustice.

The court shall state in open court the basis for granting the motion.

Section 6. Section 775.0845, Florida Statutes, is amended to read:

775.0845 Wearing mask while committing offense;

reclassification.—The felony or misdemeanor degree of any criminal offense, other than a violation of ss.

876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.

(1)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.

(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.

(2)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

486 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under former s.

921.0012, former s.

921.0013, s.

921.0022, or s.

921.0023 of the offense committed.

Section 7. Section 775.0847, Florida Statutes, is amended to read:

775.0847 Possession or promotion of certain images of child pornography;

reclassification.— (1) For purposes of this section:

(a) “Child” means any person, whose identity is known or unknown, less than 18 years of age.

(b) “Child pornography” means any image depicting a minor engaged in sexual conduct.

(c) “Sadomasochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.

(d) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object;

however, sexual battery does not include an act done for a bona fide medical purpose.

(e) “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.

(f) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse;

actual lewd exhibition of the genitals;

actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party;

or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.

A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.” (2) A violation of s.

827.071, s.

847.0135, s.

847.0137, or s.

847.0138 shall be reclassified to the next higher degree as provided in subsection (3) if:

(a) The offender possesses 10 or more images of any form of child pornography regardless of content;

and (b) The content of at least one image contains one or more of the following:

1. A child who is younger than the age of 5.

2. Sadomasochistic abuse involving a child.

3. Sexual battery involving a child.

4. Sexual bestiality involving a child.

5. Any movie involving a child, regardless of length and regardless of whether the movie contains sound.

(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

543 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the offense committed.

Section 8. Section 775.0861, Florida Statutes, is amended to read:

775.0861 Offenses against persons on the grounds of religious institutions;

reclassification.— (1) For purposes of this section, the term:

(a) “Religious institution” is as defined in s.

496.404.

(b) “Religious service” is a religious ceremony, prayer, or other activity according to a form and order prescribed for worship, including a service related to a particular occasion.

(2) The felony or misdemeanor degree of any violation of:

(a) Section 784.011, relating to assault;

(b) Section 784.021, relating to aggravated assault;

(c) Section 784.03, relating to battery;

(d) Section 784.041, relating to felony battery;

(e) A statute defining any offense listed in s.

775.084(1)(b)1.;

or (f) Any other statute defining an offense that involves the use or threat of physical force or violence against any individual 568 shall be reclassified as provided in this section if the offense is committed on the property of a religious institution while the victim is on the property for the purpose of participating in or attending a religious service.

(3)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.

(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree.

For purposes of sentencing under chapter 921, such offense is ranked in level 2 of the offense severity ranking chart.

(c) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(d) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

(e) In the case of a felony of the first degree, the offense is reclassified to a life felony.

586 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the offense committed.

Section 9. Section 775.0862, Florida Statutes, is amended to read:

775.0862 Sexual offenses against students by authority figures;

reclassification.— (1) As used in this section, the term:

(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.

(b) “School” has the same meaning as provided in s.

1003.01 and includes a private school as defined in s.

1002.01, a voluntary prekindergarten education program as described in s.

1002.53(3), early learning programs, a public school as described in s.

402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s.

1002.37.

The term does not include facilities dedicated exclusively to the education of adults.

(c) “Student” means a person younger than 18 years of age who is enrolled at a school.

(2) The felony degree of a violation of an offense listed in s.

943.0435(1)(h)1.a., unless the offense is a violation of s.

794.011(4)(e)7.

or s.

810.145(8)(a)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school.

(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

(c) In the case of a felony of the first degree, the offense is reclassified to a life felony.

621 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the offense committed.

Section 10. Subsections (1) and (3) of section 775.087, Florida Statutes, are amended to read:

775.087 Possession or use of weapon;

aggravated battery;

felony reclassification;

minimum sentence.— (1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:

(a) In the case of a felony of the first degree, to a life felony.

(b) In the case of a felony of the second degree, to a felony of the first degree.

(c) In the case of a felony of the third degree, to a felony of the second degree.

645 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the felony offense committed.

(3)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for:

a. Murder;

b. Sexual battery;

c. Robbery;

d. Burglary;

e. Arson;

f. Aggravated battery;

g. Kidnapping;

h. Escape;

i. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance;

j. Aircraft piracy;

k. Aggravated child abuse;

l. Aggravated abuse of an elderly person or disabled adult;

m. Unlawful throwing, placing, or discharging of a destructive device or bomb;

n. Carjacking;

o. Home-invasion robbery;

p. Aggravated stalking;

or q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s.

893.135(1);

681 and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s.

790.001, shall be sentenced to a minimum term of imprisonment of 15 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s.

790.001 shall be sentenced to a minimum term of imprisonment of 20 years.

3. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s.

790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.

(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law.

Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

does not authorize a court to impose a lesser sentence than otherwise required by law.

712 Notwithstanding s.

948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s.

944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s.

947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s.

775.082, s.

775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed.

If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s.

775.082, s.

775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.

(d) It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use, or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s.

790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted.

The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.

(e) As used in this subsection, the term:

1. “High-capacity detachable box magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges.

2. “Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.

Section 11. Section 775.0875, Florida Statutes, is amended to read:

775.0875 Unlawful taking, possession, or use of law enforcement officer’s firearm;

crime reclassification;

penalties.— (1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:

(a)1. In the case of a felony of the first degree, to a life felony.

2. In the case of a felony of the second degree, to a felony of the first degree.

3. In the case of a felony of the third degree, to a felony of the second degree.

766 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the felony offense committed.

(b) In the case of a misdemeanor, to a felony of the third degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.

(3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

Section 12. Section 777.03, Florida Statutes, is amended to read:

777.03 Accessory after the fact.— (1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(b) Any person who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed the offense of child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child under 18 years of age, or murder of a child under 18 years of age, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.

(c) Any person who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a capital, life, first degree, or second degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(2)(a) If the felony offense committed is a capital felony, the offense of accessory after the fact is a felony of the first degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(b) If the felony offense committed is a life felony or a felony of the first degree, the offense of accessory after the fact is a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(c) If the felony offense committed is a felony of the second degree or a felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s.

921.0022 or s.

921.0023, the offense of accessory after the fact is a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(d) If the felony offense committed is a felony of the third degree ranked in level 1 or level 2 under s.

921.0022 or s.

921.0023, the offense of accessory after the fact is a misdemeanor of the first degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(3) Except as otherwise provided in s.

921.0022, for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, the offense of accessory after the fact is ranked two levels below the ranking under s.

921.0022 or s.

921.0023 of the felony offense committed.

Section 13. Section 777.04, Florida Statutes, is amended to read:

777.04 Attempts, solicitation, and conspiracy.— (1) A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt, ranked for purposes of sentencing as provided in subsection (4).

Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.

(2) A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing as provided in subsection (4).

(3) A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4).

(4)(a) Except as otherwise provided in ss.

104.091(2), 379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944 one level below the ranking under s.

921.0022 or s.

921.0023 of the offense attempted, solicited, or conspired to.

If the criminal attempt, criminal solicitation, or criminal conspiracy is of an offense ranked in level 1 or level 2 under s.

921.0022 or s.

921.0023, such offense is a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

(b) If the offense attempted, solicited, or conspired to is a capital felony, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(c) Except as otherwise provided in s.

893.135(5), if the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(d) Except as otherwise provided in s.

104.091(2), s.

379.2431(1), s.

828.125(2), or s.

849.25(4), if the offense attempted, solicited, or conspired to is a:

1. Felony of the second degree;

2. Burglary that is a felony of the third degree;

or 3. Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s.

921.0022 or s.

921.0023, 888 the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(e) Except as otherwise provided in s.

104.091(2), s.

379.2431(1), s.

849.25(4), or paragraph (d), if the offense attempted, solicited, or conspired to is a felony of the third degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

(f) Except as otherwise provided in s.

104.091(2), if the offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

(5) It is a defense to a charge of criminal attempt, criminal solicitation, or criminal conspiracy that, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose, the defendant:

(a) Abandoned his or her attempt to commit the offense or otherwise prevented its commission;

(b) After soliciting another person to commit an offense, persuaded such other person not to do so or otherwise prevented commission of the offense;

or (c) After conspiring with one or more persons to commit an offense, persuaded such persons not to do so or otherwise prevented commission of the offense.

Section 14. Subsection (7) of section 794.011, Florida Statutes, is amended to read:

794.011 Sexual battery.— (7) A person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for good behavior basic gain-time under s.

Act of 1992.” Section 4. For15. Section the794.023, purpose of incorporating the amendment made by this act to section 944.275, Florida Statutes, in a reference thereto, paragraph (k) of subsection (4) of section 775.084, Florida Statutes, is reenactedamended to read:

794.023 Sexual battery by multiple perpetrators;

reclassification of offenses.— (1) The Legislature finds that an act of sexual battery, when committed by more than one person, presents a great danger to the public and is extremely offensive to civilized society.

It is therefore the intent of the Legislature to reclassify offenses for acts of sexual battery committed by more than one person.

(2) A violation of s.

794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim.

(a) A felony of the second degree is reclassified to a felony of the first degree.

(b) A felony of the first degree is reclassified to a life felony.

942 This subsection does not apply to life felonies or capital felonies.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the offense committed.

Section 16. Subsection (5) of section 817.568, Florida Statutes, is amended to read:

817.568 Criminal use of personal identification information.— (5) If an offense prohibited under this section was facilitated or furthered by the use of a public record, as defined in s.

119.011, the offense is reclassified to the next higher degree as follows:

(a) A misdemeanor of the first degree is reclassified as a felony of the third degree.

(b) A felony of the third degree is reclassified as a felony of the second degree.

(c) A felony of the second degree is reclassified as a felony of the first degree.

963 For purposes of sentencing under chapter 921 and incentive gain time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.

921.0022 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart in s.

921.0022.

Section 17. Subsection (3) of section 831.032, Florida Statutes, is amended to read:

831.032 Offenses involving forging or counterfeiting private labels.— (3)(a) Violation of subsection (1) or subsection (2) is a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083, except that:

1. A violation of subsection (1) or subsection (2) is a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, if the offense involves 100 or more but less than 1,000 items bearing one or more counterfeit marks or if the goods involved in the offense have a total retail value of more than $2,500, but less than $20,000.

2. A violation of subsection (1) or subsection (2) is a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, if the offense involves 1,000 or more items bearing one or more counterfeit marks or if the goods involved in the offense have a total retail value of $20,000 or more.

3. A violation of subsection (1) or subsection (2) is a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084 if, during the commission or as a result of the commission of the offense, the person engaging in the offense knowingly or by culpable negligence causes or allows to be caused bodily injury to another.

4. A violation of subsection (1) or subsection (2) is a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084 if, during the commission or as a result of the commission of the offense, the person engaging in the offense knowingly or by culpable negligence causes or allows to be caused serious bodily injury to another.

5. A violation of subsection (1) or subsection (2) is a felony of the first degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084 if, during the commission or as a result of the commission of the offense, the person engaging in the offense knowingly or by culpable negligence causes or allows to be caused death to another.

(b) For any person who, having previously been convicted for an offense under this section, is subsequently convicted for another offense under this section, such subsequent offense shall be reclassified as follows:

1. In the case of a felony of the second degree, to a felony of the first degree.

2. In the case of a felony of the third degree, to a felony of the second degree.

3. In the case of a misdemeanor of the first degree, to a felony of the third degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 4 of the offense severity ranking chart.

1021 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the felony offense committed.

(c) In lieu of a fine otherwise authorized by law, when any person has been convicted of an offense under this section, the court may fine the person up to three times the retail value of the goods seized, manufactured, or sold, whichever is greater, and may enter orders awarding court costs and the costs of investigation and prosecution, reasonably incurred.

The court shall hold a hearing to determine the amount of the fine authorized by this paragraph.

(d) When a person is convicted of an offense under this section, the court, pursuant to s.

775.089, shall order the person to pay restitution to the trademark owner and any other victim of the offense.

In determining the value of the property loss to the trademark owner, the court shall include expenses incurred by the trademark owner in the investigation or prosecution of the offense as well as the disgorgement of any profits realized by a person convicted of the offense.

Section 18. Section 843.22, Florida Statutes, is amended to read:

843.22 Traveling across county lines with intent to commit a burglary.— (1) As used in this section, the term:

(a) “County of residence” means the county within this state in which a person resides.

Evidence of a person’s county of residence includes, but is not limited to:

1. The address on a person’s driver license or state identification card;

2. Records of real property or mobile home ownership;

3. Records of a lease agreement for residential property;

4. The county in which a person’s motor vehicle is registered;

5. The county in which a person is enrolled in an educational institution;

and 6. The county in which a person is employed.

(b) “Burglary” means burglary as defined in s.

810.02, including an attempt, solicitation, or conspiracy to commit such offense.

(2) If a person who commits a burglary travels any distance with the intent to commit the burglary in a county in this state other than the person’s county of residence, the degree of the burglary shall be reclassified to the next higher degree if the purpose of the person’s travel is to thwart law enforcement attempts to track the items stolen in the burglary.

For purposes of sentencing under chapter 921 and determining incentive gain time eligibility for rehabilitation credits under chapter 944, a burglary that is reclassified under this section is ranked one level above the ranking specified in s.

921.0022 or s.

921.0023 for the burglary committed.

Section 19. Section 874.04, Florida Statutes, is amended to read:

874.04 Gang-related offenses;

enhanced penalties.—Upon a finding by the factfinder that the defendant committed the charged offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the penalty for any felony or misdemeanor, or any delinquent act or violation of law which would be a felony or misdemeanor if committed by an adult, may be enhanced.

Penalty enhancement affects the applicable statutory maximum penalty only.

Each of the findings required as a basis for such sentence shall be found beyond a reasonable doubt.

The enhancement will be as follows:

(1)(a) A misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree.

(b) A misdemeanor of the first degree may be punished as if it were a felony of the third degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 1 of the offense severity ranking chart.

The criminal gang multiplier in s.

921.0024 does not apply to misdemeanors enhanced under this paragraph.

(2)(a) A felony of the third degree may be punished as if it were a felony of the second degree.

(b) A felony of the second degree may be punished as if it were a felony of the first degree.

(c) A felony of the first degree may be punished as if it were a life felony.

1101 For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility for rehabilitation credits under chapter 944, such felony offense is ranked as provided in s.

921.0022 or s.

921.0023, and without regard to the penalty enhancement in this subsection.

Section 20. Section 944.281, Florida Statutes, is amended to read:

944.281 Ineligibility to earn gain-time due to disciplinary action.—The department may declare that a prisoner who commits a violation of any law of the state or rule or regulation of the department or institution on or after January 1, 1996, and who is found guilty pursuant to s.

944.28(2), shall not be eligible to earn rehabilitation credits incentive gain-time for up to 6 months following the month in which the violation occurred.

The department shall adopt rules to administer the provisions of this section.

Section 21. Subsection (1) of section 944.473, Florida Statutes, is amended to read:

944.473 Inmate substance abuse testing program.— (1) RULES AND PROCEDURES.—The department shall establish programs for random and reasonable suspicion drug and alcohol testing by urinalysis or other noninvasive procedure for inmates to effectively identify those inmates abusing drugs, alcohol, or both.

The department shall also adopt rules relating to fair, economical, and accurate operations and procedures of a random inmate substance abuse testing program and a reasonable suspicion substance abuse testing program by urinalysis or other noninvasive procedure which enumerate penalties for positive test results, including but not limited to the forfeiture of both good behavior time and rehabilitation credits basic and incentive gain-time, and which do not limit the number of times an inmate may be tested in any one fiscal or calendar year.

Section 22. Subsection (1) of section 944.70, Florida Statutes, is amended to read:

944.70 Conditions for release from incarceration.— (1)(a) A person who is convicted of a crime committed on or after October 1, 1983, but before January 1, 1994, may be released from incarceration only:

1. Upon expiration of the person’s sentence;

2. Upon expiration of the person’s sentence as reduced by accumulated gain-time;

3. As directed by an executive order granting clemency;

4. Upon attaining the provisional release date;

5. Upon placement in a conditional release program pursuant to s.

947.1405;

or 6. Upon the granting of control release pursuant to s.

947.146.

(b) A person who is convicted of a crime committed on or after January 1, 1994, may be released from incarceration only:

1. Upon expiration of the person’s sentence;

2. Upon expiration of the person’s sentence as reduced by accumulated rehabilitation credits and outstanding deed awards meritorious or incentive gain-time;

3. As directed by an executive order granting clemency;

4. Upon placement in a conditional release program pursuant to s.

947.1405 or a conditional medical release program pursuant to s.

947.149;

or 5. Upon the granting of control release, including emergency control release, pursuant to s.

947.146.

Section 23. For the purpose of incorporating the amendment made by this act to section 944.275, Florida Statutes, in a reference thereto, paragraph (k) of subsection (4) of section 775.084, Florida Statutes, is reenacted to read:

Section 5. For24. For the purpose of incorporating the amendment made by this act to section 944.275, Florida Statutes, in references thereto, paragraph (v) of subsection (2) and paragraph (e) of subsection (3) of section 900.05, Florida Statutes, are reenacted to read:

4271267 This information only needs to be reported once annually at the time the most recent per diem rate is published.

Section 6. For25. For the purpose of incorporating the amendment made byin this act to section 944.275, Florida Statutes,statutes, in a reference thereto, subsection (1) of section 944.605,944.28, Florida Statutes, is reenacted to read:

944.28 Forfeiture of gain-time and the right to earn gain time in the future.— (1) If a prisoner is convicted of escape, or if the clemency, conditional release as described in chapter 947, probation or community control as described in chapter 948, provisional release as described in s.

944.277, parole, or control release as described in s.

947.146 granted to the prisoner is revoked, the department may, without notice or hearing, declare a forfeiture of all gain-time earned according to the provisions of law by such prisoner prior to such escape or his or her release under such clemency, conditional release, probation, community control, provisional release, control release, or parole.

(2)(a) All or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner unsuccessfully attempts to escape;

assaults another person;

threatens or knowingly endangers the life or person of another person;

refuses by action or word to carry out any instruction duly given to him or her;

neglects to perform in a faithful, diligent, industrious, orderly, and peaceful manner the work, duties, and tasks assigned to him or her;

is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court;

is found by a court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court;

or violates any law of the state or any rule or regulation of the department or institution.

(b) A prisoner’s right to earn gain-time during all or any part of the remainder of the sentence or sentences under which he or she is imprisoned may be declared forfeited because of the seriousness of a single instance of misconduct or because of the seriousness of an accumulation of instances of misconduct.

(c) The method of declaring a forfeiture under paragraph (a) or paragraph (b) shall be as follows:

A written charge shall be prepared, which shall specify each instance of misconduct upon which it is based and the approximate date thereof.

A copy of such charge shall be delivered to the prisoner, and he or she shall be given notice of a hearing before the disciplinary committee created under the authorization of rules heretofore or hereafter adopted by the department for the institution in which he or she is confined.

The prisoner shall be present at the hearing.

If at such hearing the prisoner pleads guilty to the charge or if the committee determines that the prisoner is guilty thereof upon the basis of proof presented at such hearing, it shall find him or her guilty.

If the committee considers that all or part of the prisoner’s gain-time and the prisoner’s right to earn gain-time during all or any part of the sentence or sentences under which he or she is imprisoned shall be forfeited, it shall so recommend in its written report.

Such report shall be presented to the warden of the institution, who may approve such recommendation in whole or in part by endorsing such approval on the report.

In the event of approval, the warden shall forward the report to the department.

Thereupon, the department may, in its discretion, declare the forfeiture thus approved by the warden or any specified part thereof.

(3) Upon the recommendation of the warden, the department may, in its discretion, restore all or any part of any gain-time forfeited under this section.