Florida Senate - 2024 SB 1572 By Senator Powell 24-01196-24 20241572__ Page 1 of 35 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to criminal rehabilitation; amending 2 s. 921.002, F.S.; revising the legislative intent of 3 the Criminal Punishment Code; specifying that to 4 rehabilitate the offender to transition back to the 5 community successfully is one of the primary purposes 6 of sentencing; reducing the minimum sentence that must 7 be served by a defendant from 85 percent of the 8 sentence to 65 percent; amending s. 944.275, F.S.; 9 revising provisions concerning gain-time to provide 10 for outstanding deed gain-time, good behavior time, 11 and rehabilitation credits; providing requirements for 12 such gain-time and credits; providing for amounts to 13 be awarded; revising limits on the award of gain-time; 14 reducing the minimum sentence that must be served by a 15 defendant from 85 percent of the sentence to 65 16 percent; amending ss. 316.027, 316.1935, 381.004, 17 775.084, 775.0845, 775.0847, 775.0861, 775.0862, 18 775.087, 775.0875, 777.03, 777.04, 784.07, 794.011, 19 794.0115, 794.023, 812.081, 817.568, 831.032, 843.22, 20 874.04, 944.281, 944.473, 944.70, 944.801, and 21 947.005, F.S.; conforming provisions to changes made 22 by the act; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26

Section 1. Subsection (1) of

section 921.002, Florida 27 Statutes, is amended to read: 28 921.002 The Criminal Punishment Code.—The Criminal 29

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 2 of 35 CODING: Words stricken are deletions; words underlined are additions. Punishment Code shall apply to all felony offenses, except 30 capital felonies, committed on or after October 1, 1998. 31

(1) The provision of criminal penalties and of limitations 32 upon the application of such penalties is a matter of 33 predominantly substantive law and, as such, is a matter properly 34 addressed by the Legislature.

The Legislature, in the exercise 35 of its authority and responsibility to establish sentencing 36 criteria, to provide for the imposition of criminal penalties, 37 and to make the best use of state prisons so that violent 38 criminal offenders are appropriately punished and rehabilitated 39 incarcerated, has determined that it is in the best interest of 40 the state to develop, implement, and revise a sentencing policy. 41 The Criminal Punishment Code embodies the principles that: 42 (

a) Sentencing is neutral with respect to race, gender, and 43 social and economic status. 44 (

b) The dual purposes primary purpose of sentencing in the 45 criminal justice system are is to punish the offender and 46 rehabilitate the offender to transition back to the community 47 successfully. Rehabilitation is a desired goal of the criminal 48 justice system but is subordinate to the goal of punishment. 49 (

c) The penalty imposed is commensurate with the severity 50 of the primary offense and the circumstances surrounding the 51 primary offense. 52 (

d) The severity of the sentence increases with the length 53 and nature of the offender’s prior record. 54 (

e) The sentence imposed by the sentencing judge reflects 55 the length of actual time to be served, shortened only by the 56 application of outstanding deed incentive and meritorious gain-57 time, good behavior time, and rehabilitation credits as provided 58

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 3 of 35 CODING: Words stricken are deletions; words underlined are additions. by law, and may not be shortened if the defendant would 59 consequently serve less than 65 85 percent of his or her term of 60 imprisonment as provided in s. 944.275(4). The provisions of 61

chapter 947, relating to parole, shall not apply to persons 62 sentenced under the Criminal Punishment Code. 63 (

f) Departures below the lowest permissible sentence 64 established by the code must be articulated in writing by the 65 trial court judge and made only when circumstances or factors 66 reasonably justify the mitigation of the sentence. The level of 67 proof necessary to establish facts that support a departure from 68 the lowest permissible sentence is a preponderance of the 69 evidence. 70 (

g) The trial court judge may impose a sentence up to and 71 including the statutory maximum for any offense, including an 72 offense that is before the court due to a violation of probation 73 or community control. 74 (

h) A sentence may be appealed on the basis that it departs 75 from the Criminal Punishment Code only if the sentence is below 76 the lowest permissible sentence or as enumerated in s. 77 924.06(1). 78 (

i) Use of incarcerative sanctions is prioritized toward 79 offenders convicted of serious offenses and certain offenders 80 who have long prior records, in order to maximize the finite 81 capacities of state and local correctional facilities. 82

Section

Section 944.275, Florida Statutes, is amended to 83 read: 84 944.275 Outstanding deed gain-time, good behavior time, and 85 rehabilitation credits.— 86

(1) The department is authorized to grant deductions from 87

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 4 of 35 CODING: Words stricken are deletions; words underlined are additions. sentences in the form of outstanding deed gain-time, good 88 behavior time, and rehabilitation credits in order to encourage 89 satisfactory prisoner behavior, to provide incentive for 90 prisoners to participate in productive activities, and to reward 91 prisoners who perform outstanding deeds or services. 92 (2)(

a) The department shall establish for each prisoner 93 sentenced to a term of years a “maximum sentence expiration 94 date,” which shall be the date when the sentence or combined 95 sentences imposed on a prisoner will expire. In establishing 96 this date, the department shall reduce the total time to be 97 served by any time lawfully credited. 98 (

b) When a prisoner with an established maximum sentence 99 expiration date is sentenced to an additional term or terms 100 without having been released from custody, the department shall 101 extend the maximum sentence expiration date by the length of 102 time imposed in the new sentence or sentences, less lawful 103 credits. 104 (

c) When an escaped prisoner or a parole violator is 105 returned to the custody of the department, the maximum sentence 106 expiration date in effect when the escape occurred or the parole 107 was effective shall be extended by the amount of time the 108 prisoner was not in custody plus the time imposed in any new 109 sentence or sentences, but reduced by any lawful credits. 110 (3)(

a) The department shall also establish for each 111 prisoner sentenced to a term of years a “tentative release date” 112 which shall be the date projected for the prisoner’s release 113 from custody by virtue of outstanding deed gain-time, good 114 behavior time, or rehabilitation credits granted or forfeited as 115 described in this section. The initial tentative release date 116

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 5 of 35 CODING: Words stricken are deletions; words underlined are additions. shall be determined by deducting outstanding deed basic gain-117 time, good behavior time, or rehabilitation credits granted from 118 the maximum sentence expiration date. Outstanding deed Other 119 gain-time, good behavior time, and rehabilitation credits shall 120 be applied when granted or restored to make the tentative 121 release date proportionately earlier; and forfeitures of good 122 behavior time gain-time, when ordered, shall be applied to make 123 the tentative release date proportionately later. 124 (

b) When an initial tentative release date is reestablished 125 because of additional sentences imposed before the prisoner has 126 completely served all prior sentences, any outstanding deed 127 gain-time, good behavior time, or rehabilitation credits granted 128 during service of a prior sentence and not forfeited shall be 129 applied. 130 (

c) The tentative release date may not be later than the 131 maximum sentence expiration date. 132 (4)(

a) As a means of encouraging satisfactory behavior and 133 developing character traits necessary for successful reentry, 134 the department shall grant good behavior time basic gain-time at 135 the rate of 10 days for each month of each sentence imposed on a 136 prisoner, subject to the following: 137 1. Portions of any sentences to be served concurrently 138 shall be treated as a single sentence when determining good 139 behavior time basic gain-time. 140 2. Good behavior time Basic gain-time for a partial month 141 shall be prorated on the basis of a 30-day month. 142 3.

When a prisoner receives a new maximum sentence 143 expiration date because of additional sentences imposed, good 144 behavior time basic gain-time shall be granted for the amount of 145

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 6 of 35 CODING: Words stricken are deletions; words underlined are additions. time the maximum sentence expiration date was extended. 146 (

b) For each month in which an inmate works diligently, 147 participates in training or education, uses time constructively, 148 or otherwise engages in positive activities, the department may 149 grant rehabilitation credits incentive gain-time in accordance 150 with this paragraph.

The rate of rehabilitation credits 151 incentive gain-time in effect on the date the inmate committed 152 the offense which resulted in his or her incarceration shall be 153 the inmate’s rate of eligibility to earn rehabilitation credits 154 incentive gain-time throughout the period of incarceration and 155 shall not be altered by a subsequent change in the severity 156 level of the offense for which the inmate was sentenced. 157 1.

For sentences imposed for offenses committed before 158 prior to January 1, 1994, and after October 1, 1995, up to 20 159 days of rehabilitation credits incentive gain-time may be 160 granted. If granted, such rehabilitation credits gain-time shall 161 be credited and applied monthly. 162 2. For sentences imposed for offenses committed on or after 163 January 1, 1994, and before October 1, 1995: 164 a. For offenses ranked in offense severity levels 1 through 165 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 166 of rehabilitation credits incentive gain-time may be granted.

If 167 granted, such rehabilitation credits gain-time shall be credited 168 and applied monthly. 169 b. For offenses ranked in offense severity levels 8, 9, and 170 10, under former s. 921.0012 or former s. 921.0013, up to 20 171 days of incentive gain-time may be granted. If granted, such 172 gain-time shall be credited and applied monthly. 173 3. For sentences imposed for offenses committed on or after 174

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 7 of 35 CODING: Words stricken are deletions; words underlined are additions. October 1, 1995, the department may grant up to 10 days per 175 month of incentive gain-time. 176 (

c) An inmate who performs some outstanding deed, such as 177 saving a life or assisting in recapturing an escaped inmate, or 178 who in some manner performs an outstanding service that would 179 merit the granting of additional deductions from the term of his 180 or her sentence may be granted outstanding deed meritorious 181 gain-time of from 30 1 to 60 days per outstanding deed 182 performed. 183 (

d) Notwithstanding the monthly maximum awards of 184 rehabilitation credits incentive gain-time under subparagraphs 185 (b)1. and, 2., and 3., the education program manager shall 186 recommend, and the Department of Corrections shall may grant 187 awards, a one-time award of 60 additional days of rehabilitation 188 credits for successful completion of each of the following: 189 incentive gain-time to an inmate who is otherwise eligible and 190 who successfully completes requirements for and is, or has been 191 during the current commitment, awarded a high school equivalency 192 diploma, college degree, or vocational certificate, drug 193 treatment program, mental health treatment program, life skills 194 program, behavioral modification program, reentry program, or 195 equivalent rehabilitative program.

Additionally, the department 196 shall grant 5 additional days of rehabilitation credits for 197 successful completion of any other department-approved program, 198 including inmate-developed programs, or a passing grade in each 199 online or in-person educational course. Rehabilitation credits 200 awarded under this paragraph shall be retroactive. Under no 201 circumstances may an inmate receive more than 60 days for 202 educational attainment pursuant to this section. 203

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 8 of 35 CODING: Words stricken are deletions; words underlined are additions. (

e) Notwithstanding the monthly maximum awards of 204 rehabilitation credits under subparagraphs (b)1. and 2., the 205 department may grant 2 additional days per month of good 206 behavior time to prisoners serving sentences for violations of 207 ss. 893.13 and 893.135, and such days granted shall be 208 retroactive. 209 (f)1.(e)1.

Notwithstanding subparagraph (b)1. (b)3., for 210 sentences imposed for offenses committed on or after October 1, 211 2014, and before July 1, 2023, the department may not grant 212 rehabilitation credits incentive gain-time if the offense is a 213 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 214 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 215 800.04; s. 825.1025; or s. 847.0135(5). 216 2.

Notwithstanding subparagraph (b)1. (b)3., for sentences 217 imposed for offenses committed on or after July 1, 2023, the 218 department may not grant rehabilitation credits incentive gain-219 time if the offense is for committing or attempting, soliciting, 220 or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s. 221 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 222 excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 223 847.0135(5). 224 (g)1.(

f) An inmate who is subject to this subsection 225 subparagraph (b)3. is not eligible to earn or receive 226 outstanding deed gain-time or good behavior time under paragraph 227 (a), paragraph (b), paragraph (c), or paragraph (

d) or any other 228 type of gain-time in an amount that would cause a sentence to 229 expire, end, or terminate, or that would result in a prisoner’s 230 release, before prior to serving a minimum of 85 percent of the 231 sentence imposed. For purposes of this paragraph, credits 232

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 9 of 35 CODING: Words stricken are deletions; words underlined are additions. awarded by the court for time physically incarcerated shall be 233 credited toward satisfaction of 85 percent of the sentence 234 imposed. 235 2. A prisoner who is subject to this subsection may not 236 accumulate rehabilitation credits as described in paragraph (d) 237 in an amount that would allow a sentence to expire, end, or 238 terminate, or that would result in a prisoner’s release, before 239 serving a minimum of 65 percent of the sentence imposed. 240 3.

Except as provided by this section, a prisoner may not 241 accumulate further gain-time awards at any point when the 242 tentative release date is the same as that date at which the 243 prisoner will have served 65 85 percent of the sentence imposed. 244 State prisoners sentenced to life imprisonment shall be 245 incarcerated for the rest of their natural lives, unless granted 246 pardon or clemency. 247

(5) When a prisoner is found guilty of an infraction of the 248 laws of this state or the rules of the department, good behavior 249 time not yet vested gain-time may be forfeited according to law 250 after due process. For purposes of this subsection, good 251 behavior time is deemed vested 2 years after being granted. 252 (6)(

a) Good behavior time Basic gain-time under this 253

section shall be computed on and applied to all sentences 254 imposed for offenses committed on or after July 1, 1978, and 255 before January 1, 1994. 256 (

b) All outstanding deed incentive and meritorious gain-257 time, good behavior time, and rehabilitation credits are is 258 granted according to this section. 259 (

c) All additional gain-time previously awarded under 260 former subsections (2) and (3) and all forfeitures ordered prior 261

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 10 of 35 CODING: Words stricken are deletions; words underlined are additions. to the effective date of the act that created this

section shall 262 remain in effect and be applied in establishing an initial 263 tentative release date. 264

(7) The department shall adopt rules to implement the 265 granting, forfeiture, restoration, and deletion of outstanding 266 deed gain-time, good behavior time, and rehabilitation credits. 267

Section 3. Paragraph (

f) of subsection (2) of

section 268 316.027, Florida Statutes, is amended to read: 269 316.027 Crash involving death or personal injuries.— 270 (2) 271 (

f) For purposes of sentencing under

chapter 921 and 272 determining rehabilitation credit incentive gain-time 273 eligibility under

chapter 944, an offense listed in this 274 subsection is ranked one level above the ranking specified in s. 275 921.0022 or s. 921.0023 for the offense committed if the victim 276 of the offense was a vulnerable road user. 277

Section 4. Subsection (6) of

section 316.1935, Florida 278 Statutes, is amended to read: 279 316.1935 Fleeing or attempting to elude a law enforcement 280 officer; aggravated fleeing or eluding.— 281

(6) Notwithstanding s. 948.01, no court may suspend, defer, 282 or withhold adjudication of guilt or imposition of sentence for 283 any violation of this section. A person convicted and sentenced 284 to a mandatory minimum term of incarceration under paragraph 285 (3)(

b) or paragraph (4)(

b) is not eligible for statutory gain-286 time or credits under s. 944.275 or any form of discretionary 287 early release, other than pardon or executive clemency or 288 conditional medical release under s. 947.149, before prior to 289 serving the mandatory minimum sentence. 290

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 11 of 35 CODING: Words stricken are deletions; words underlined are additions.

Section 5. Paragraph (

h) of subsection (2) of

section 291 381.004, Florida Statutes, is amended to read: 292 381.004 HIV testing.— 293

(2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT; 294 RESULTS; COUNSELING; CONFIDENTIALITY.— 295 (

h) Paragraph (

a) does not apply: 296 1. When testing for sexually transmissible diseases is 297 required by state or federal law, or by rule, including the 298 following situations: 299 a. HIV testing pursuant to s. 796.08 of persons convicted 300 of prostitution or of procuring another to commit prostitution. 301 b. HIV testing of inmates pursuant to s. 945.355 before 302 their release from prison by reason of parole, accumulation of 303 gain-time or other credits, or expiration of sentence. 304 c. Testing for HIV by a medical examiner in accordance with 305 s. 406.11. 306 d.

HIV testing of pregnant women pursuant to s. 384.31. 307 2. To those exceptions provided for blood, plasma, organs, 308 skin, semen, or other human tissue pursuant to s. 381.0041. 309 3. For the performance of an HIV-related test by licensed 310 medical personnel in bona fide medical emergencies if the test 311 results are necessary for medical diagnostic purposes to provide 312 appropriate emergency care or treatment to the person being 313 tested and the patient is unable to consent, as supported by 314 documentation in the medical record. Notification of test 315 results in accordance with paragraph (

c) is required. 316 4. For the performance of an HIV-related test by licensed 317 medical personnel for medical diagnosis of acute illness where, 318 in the opinion of the attending physician, providing 319

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 12 of 35 CODING: Words stricken are deletions; words underlined are additions. notification would be detrimental to the patient, as supported 320 by documentation in the medical record, and the test results are 321 necessary for medical diagnostic purposes to provide appropriate 322 care or treatment to the person being tested. Notification of 323 test results in accordance with paragraph (

c) is required if it 324 would not be detrimental to the patient. This subparagraph does 325 not authorize the routine testing of patients for HIV infection 326 without notification. 327 5. If HIV testing is performed as part of an autopsy for 328 which consent was obtained pursuant to s. 872.04. 329 6.

For the performance of an HIV test upon a defendant 330 pursuant to the victim’s request in a prosecution for any type 331 of sexual battery where a blood sample is taken from the 332 defendant voluntarily, pursuant to court order for any purpose, 333 or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however, 334 the results of an HIV test performed shall be disclosed solely 335 to the victim and the defendant, except as provided in ss. 336 775.0877, 951.27, and 960.003. 337 7. If an HIV test is mandated by court order. 338 8.

For epidemiological research pursuant to s. 381.0031, 339 for research consistent with institutional review boards created 340 by 45 C.F.R.

part 46, or for the performance of an HIV-related 341 test for the purpose of research, if the testing is performed in 342 a manner by which the identity of the test subject is not known 343 and may not be retrieved by the researcher. 344 9. If human tissue is collected lawfully without the 345 consent of the donor for corneal removal as authorized by s. 346 765.5185 or enucleation of the eyes as authorized by s. 765.519. 347 10. For the performance of an HIV test upon an individual 348

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 13 of 35 CODING: Words stricken are deletions; words underlined are additions. who comes into contact with medical personnel in such a way that 349 a significant exposure has occurred during the course of 350 employment, within the scope of practice, or during the course 351 of providing emergency medical assistance to the individual. The 352 term “medical personnel” includes a licensed or certified health 353 care professional; an employee of a health care professional or 354 health care facility; employees of a laboratory licensed under 355

chapter 483; personnel of a blood bank or plasma center; a 356 medical student or other student who is receiving training as a 357 health care professional at a health care facility; and a 358 paramedic or emergency medical technician certified by the 359 department to perform life-support procedures under s. 401.23. 360 a. The occurrence of a significant exposure shall be 361 documented by medical personnel under the supervision of a 362 licensed physician and recorded only in the personnel record of 363 the medical personnel. 364 b.

Costs of an HIV test shall be borne by the medical 365 personnel or the employer of the medical personnel. However, 366 costs of testing or treatment not directly related to the 367 initial HIV tests or costs of subsequent testing or treatment 368 may not be borne by the medical personnel or the employer of the 369 medical personnel. 370 c. In order to use the provisions of this subparagraph, the 371 medical personnel must be tested for HIV pursuant to this 372

section or provide the results of an HIV test taken within 6 373 months before the significant exposure if such test results are 374 negative. 375 d. A person who receives the results of an HIV test 376 pursuant to this subparagraph shall maintain the confidentiality 377

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 14 of 35 CODING: Words stricken are deletions; words underlined are additions. of the information received and of the persons tested. Such 378 confidential information is exempt from s. 119.07(1). 379 e. If the source of the exposure is not available and will 380 not voluntarily present himself or herself to a health facility 381 to be tested for HIV, the medical personnel or the employer of 382 such person acting on behalf of the employee may seek a court 383 order directing the source of the exposure to submit to HIV 384 testing. A sworn statement by a physician licensed under

chapter 385 458 or

chapter 459 that a significant exposure has occurred and 386 that, in the physician’s medical judgment, testing is medically 387 necessary to determine the course of treatment constitutes 388 probable cause for the issuance of an order by the court. The 389 results of the test shall be released to the source of the 390 exposure and to the person who experienced the exposure. 391 11.

For the performance of an HIV test upon an individual 392 who comes into contact with nonmedical personnel in such a way 393 that a significant exposure has occurred while the nonmedical 394 personnel provides emergency medical assistance during a medical 395 emergency. For the purposes of this subparagraph, a medical 396 emergency means an emergency medical condition outside of a 397 hospital or health care facility that provides physician care. 398 The test may be performed only during the course of treatment 399 for the medical emergency. 400 a.

The occurrence of a significant exposure shall be 401 documented by medical personnel under the supervision of a 402 licensed physician and recorded in the medical record of the 403 nonmedical personnel. 404 b. Costs of any HIV test shall be borne by the nonmedical 405 personnel or the employer of the nonmedical personnel. However, 406

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 15 of 35 CODING: Words stricken are deletions; words underlined are additions. costs of testing or treatment not directly related to the 407 initial HIV tests or costs of subsequent testing or treatment 408 may not be borne by the nonmedical personnel or the employer of 409 the nonmedical personnel. 410 c. In order to use the provisions of this subparagraph, the 411 nonmedical personnel shall be tested for HIV pursuant to this 412

section or shall provide the results of an HIV test taken within 413 6 months before the significant exposure if such test results 414 are negative. 415 d. A person who receives the results of an HIV test 416 pursuant to this subparagraph shall maintain the confidentiality 417 of the information received and of the persons tested. Such 418 confidential information is exempt from s. 119.07(1). 419 e.

If the source of the exposure is not available and will 420 not voluntarily present himself or herself to a health facility 421 to be tested for HIV, the nonmedical personnel or the employer 422 of the nonmedical personnel acting on behalf of the employee may 423 seek a court order directing the source of the exposure to 424 submit to HIV testing. A sworn statement by a physician licensed 425 under

chapter 458 or

chapter 459 that a significant exposure has 426 occurred and that, in the physician’s medical judgment, testing 427 is medically necessary to determine the course of treatment 428 constitutes probable cause for the issuance of an order by the 429 court. The results of the test shall be released to the source 430 of the exposure and to the person who experienced the exposure. 431 12. For the performance of an HIV test by the medical 432 examiner or attending physician upon an individual who expired 433 or could not be resuscitated while receiving emergency medical 434 assistance or care and who was the source of a significant 435

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 16 of 35 CODING: Words stricken are deletions; words underlined are additions. exposure to medical or nonmedical personnel providing such 436 assistance or care. 437 a.

HIV testing may be conducted only after appropriate 438 medical personnel under the supervision of a licensed physician 439 documents in the medical record of the medical personnel or 440 nonmedical personnel that there has been a significant exposure 441 and that, in accordance with the written protocols based on the 442 National Centers for Disease Control and Prevention guidelines 443 on HIV postexposure prophylaxis and in the physician’s medical 444 judgment, the information is medically necessary to determine 445 the course of treatment for the medical personnel or nonmedical 446 personnel. 447 b.

Costs of an HIV test performed under this subparagraph 448 may not be charged to the deceased or to the family of the 449 deceased person. 450 c. For this subparagraph to be applicable, the medical 451 personnel or nonmedical personnel must be tested for HIV under 452 this

section or must provide the results of an HIV test taken 453 within 6 months before the significant exposure if such test 454 results are negative. 455 d. A person who receives the results of an HIV test 456 pursuant to this subparagraph shall comply with paragraph (e). 457 13. For the performance of an HIV-related test medically 458 indicated by licensed medical personnel for medical diagnosis of 459 a hospitalized infant as necessary to provide appropriate care 460 and treatment of the infant if, after a reasonable attempt, a 461 parent cannot be contacted to provide consent.

The medical 462 records of the infant must reflect the reason consent of the 463 parent was not initially obtained. Test results shall be 464

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 17 of 35 CODING: Words stricken are deletions; words underlined are additions. provided to the parent when the parent is located. 465 14. For the performance of HIV testing conducted to monitor 466 the clinical progress of a patient previously diagnosed to be 467 HIV positive. 468 15. For the performance of repeated HIV testing conducted 469 to monitor possible conversion from a significant exposure. 470

Section 6. Paragraph (

k) of subsection (4) of

section 471 775.084, Florida Statutes, is amended to read: 472 775.084 Violent career criminals; habitual felony offenders 473 and habitual violent felony offenders; three-time violent felony 474 offenders;

definitions; procedure; enhanced penalties or 475 mandatory minimum prison terms.— 476 (4) 477 (k)1. A defendant sentenced under this

section as a 478 habitual felony offender, a habitual violent felony offender, or 479 a violent career criminal is eligible for rehabilitation credits 480 gain-time granted by the Department of Corrections as provided 481 in s. 944.275(4)(b). 482 2. For an offense committed on or after October 1, 1995, a 483 defendant sentenced under this

section as a violent career 484 criminal is not eligible for any form of discretionary early 485 release, other than pardon or executive clemency, or conditional 486 medical release granted pursuant to s. 947.149. 487 3. For an offense committed on or after July 1, 1999, a 488 defendant sentenced under this

section as a three-time violent 489 felony offender shall be released only by expiration of sentence 490 and shall not be eligible for parole, control release, or any 491 form of early release. 492

Section 7. Paragraph (

b) of subsection (1) and subsection 493

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 18 of 35 CODING: Words stricken are deletions; words underlined are additions. (2) of

section 775.0845, Florida Statutes, are amended to read: 494 775.0845 Wearing mask while committing offense; 495 reclassification.—The felony or misdemeanor degree of any 496 criminal offense, other than a violation of ss. 876.12-876.15, 497 shall be reclassified to the next higher degree as provided in 498 this

section if, while committing the offense, the offender was 499 wearing a hood, mask, or other device that concealed his or her 500 identity. 501 (1) 502 (

b) In the case of a misdemeanor of the first degree, the 503 offense is reclassified to a felony of the third degree. For 504 purposes of sentencing under

chapter 921 and determining 505 rehabilitation credit incentive gain-time eligibility under 506

chapter 944, such offense is ranked in level 2 of the offense 507 severity ranking chart. 508 (2)(

a) In the case of a felony of the third degree, the 509 offense is reclassified to a felony of the second degree. 510 (

b) In the case of a felony of the second degree, the 511 offense is reclassified to a felony of the first degree. 512 513 For purposes of sentencing under

chapter 921 and determining 514 rehabilitation credit incentive gain-time eligibility under 515

chapter 944, a felony offense that is reclassified under this 516 subsection is ranked one level above the ranking under former s. 517 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the 518 offense committed. 519

Section 8. Subsection (3) of

section 775.0847, Florida 520 Statutes, is amended, and subsection (2) of that

section is 521 republished, to read: 522

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 19 of 35 CODING: Words stricken are deletions; words underlined are additions. 775.0847 Possession or promotion of certain images of child 523 pornography; reclassification.— 524

(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or 525 s. 847.0138 shall be reclassified to the next higher degree as 526 provided in subsection (3) if: 527 (

a) The offender possesses 10 or more images of any form of 528 child pornography regardless of content; and 529 (

b) The content of at least one image contains one or more 530 of the following: 531 1. A child who is younger than the age of 5. 532 2. Sadomasochistic abuse involving a child. 533 3. Sexual battery involving a child. 534 4. Sexual bestiality involving a child. 535 5. Any motion picture, film, video, or computer-generated 536 motion picture, film, or video involving a child, regardless of 537 length and regardless of whether the motion picture, film, 538 video, or computer-generated motion picture, film, or video 539 contains sound. 540 (3)(

a) In the case of a felony of the third degree, the 541 offense is reclassified to a felony of the second degree. 542 (

b) In the case of a felony of the second degree, the 543 offense is reclassified to a felony of the first degree. 544 545 For purposes of sentencing under

chapter 921 and determining 546 rehabilitation credit incentive gain-time eligibility under 547

chapter 944, a felony offense that is reclassified under this 548

section is ranked one level above the ranking under s. 921.0022 549 or s. 921.0023 of the offense committed. 550

Section 9. Subsection (3) of

section 775.0861, Florida 551

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 20 of 35 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 552 775.0861 Offenses against persons on the grounds of 553 religious institutions; reclassification.— 554 (3)(

a) In the case of a misdemeanor of the second degree, 555 the offense is reclassified to a misdemeanor of the first 556 degree. 557 (

b) In the case of a misdemeanor of the first degree, the 558 offense is reclassified to a felony of the third degree. For 559 purposes of sentencing under

chapter 921, such offense is ranked 560 in level 2 of the offense severity ranking chart. 561 (

c) In the case of a felony of the third degree, the 562 offense is reclassified to a felony of the second degree. 563 (

d) In the case of a felony of the second degree, the 564 offense is reclassified to a felony of the first degree. 565 (

e) In the case of a felony of the first degree, the 566 offense is reclassified to a life felony. 567 568 For purposes of sentencing under

chapter 921 and determining 569 rehabilitation credit incentive gain-time eligibility under 570

chapter 944, a felony offense that is reclassified under this 571 subsection is ranked one level above the ranking under s. 572 921.0022 or s. 921.0023 of the offense committed. 573

Section 10. Subsection (3) of

section 775.0862, Florida 574 Statutes, is amended to read: 575 775.0862 Sexual offenses against students by authority 576 figures; reclassification.— 577 (3)(

a) In the case of a felony of the third degree, the 578 offense is reclassified to a felony of the second degree. 579 (

b) In the case of a felony of the second degree, the 580

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c) In the case of a felony of the first degree, the 582 offense is reclassified to a life felony. 583 584 For purposes of sentencing under

chapter 921 and determining 585 rehabilitation credit incentive gain-time eligibility under 586

chapter 944, a felony offense that is reclassified under this 587 subsection is ranked one level above the ranking under s. 588 921.0022 or s. 921.0023 of the offense committed. 589

Section 11. Subsection (1) and paragraph (

b) of subsection 590 (2) of

section 775.087, Florida Statutes, are amended to read: 591 775.087 Possession or use of weapon; aggravated battery; 592 felony reclassification; minimum sentence.— 593

(1) Unless otherwise provided by law, whenever a person is 594 charged with a felony, except a felony in which the use of a 595 weapon or firearm is an essential element, and during the 596 commission of such felony the defendant carries, displays, uses, 597 threatens to use, or attempts to use any weapon or firearm, or 598 during the commission of such felony the defendant commits an 599 aggravated battery, the felony for which the person is charged 600 shall be reclassified as follows: 601 (

a) In the case of a felony of the first degree, to a life 602 felony. 603 (

b) In the case of a felony of the second degree, to a 604 felony of the first degree. 605 (

c) In the case of a felony of the third degree, to a 606 felony of the second degree. 607 608 For purposes of sentencing under

chapter 921 and determining 609

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chapter 944, a felony offense which is reclassified under this 611

section is ranked one level above the ranking under s. 921.0022 612 or s. 921.0023 of the felony offense committed. 613 (2) 614 (

b) Subparagraph (a)1., subparagraph (a)2., or subparagraph 615 (a)3. does not prevent a court from imposing a longer sentence 616 of incarceration as authorized by law in addition to the minimum 617 mandatory sentence, or from imposing a sentence of death 618 pursuant to other applicable law.

Subparagraph (a)1., 619 subparagraph (a)2., or subparagraph (a)3. does not authorize a 620 court to impose a lesser sentence than otherwise required by 621 law. 622 623 Notwithstanding s. 948.01, adjudication of guilt or imposition 624 of sentence shall not be suspended, deferred, or withheld, and 625 the defendant is not eligible for statutory gain-time or credits 626 under s. 944.275 or any form of discretionary early release, 627 other than pardon or executive clemency, or conditional medical 628 release under s. 947.149, prior to serving the minimum sentence. 629

Section 12. Subsection (2) of

section 775.0875, Florida 630 Statutes, is amended to read: 631 775.0875 Unlawful taking, possession, or use of law 632 enforcement officer’s firearm; crime reclassification; 633 penalties.— 634

(2) If a person violates subsection (1) and commits any 635 other crime involving the firearm taken from the law enforcement 636 officer, such crime shall be reclassified as follows: 637 (a)1. In the case of a felony of the first degree, to a 638

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 23 of 35 CODING: Words stricken are deletions; words underlined are additions. life felony. 639 2. In the case of a felony of the second degree, to a 640 felony of the first degree. 641 3. In the case of a felony of the third degree, to a felony 642 of the second degree. 643 644 For purposes of sentencing under

chapter 921 and determining 645 rehabilitation credit incentive gain-time eligibility under 646

chapter 944, a felony offense that is reclassified under this 647 paragraph is ranked one level above the ranking under s. 648 921.0022 or s. 921.0023 of the felony offense committed. 649 (

b) In the case of a misdemeanor, to a felony of the third 650 degree. For purposes of sentencing under

chapter 921 and 651 determining rehabilitation credit incentive gain-time 652 eligibility under

chapter 944, such offense is ranked in level 2 653 of the offense severity ranking chart. 654

Section 13. Subsection (3) of

section 777.03, Florida 655 Statutes, is amended to read: 656 777.03 Accessory after the fact.— 657

(3) Except as otherwise provided in s. 921.0022, for 658 purposes of sentencing under

chapter 921 and determining 659 rehabilitation credit incentive gain-time eligibility under 660

chapter 944, the offense of accessory after the fact is ranked 661 two levels below the ranking under s. 921.0022 or s. 921.0023 of 662 the felony offense committed. 663

Section 14. Paragraph (

a) of subsection (4) of

section 664 777.04, Florida Statutes, is amended to read: 665 777.04 Attempts, solicitation, and conspiracy.— 666 (4)(

a) Except as otherwise provided in ss. 104.091(2), 667

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 24 of 35 CODING: Words stricken are deletions; words underlined are additions. 379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, 668 the offense of criminal attempt, criminal solicitation, or 669 criminal conspiracy is ranked for purposes of sentencing under 670

chapter 921 and determining rehabilitation credit incentive 671 gain-time eligibility under

chapter 944 one level below the 672 ranking under s. 921.0022 or s. 921.0023 of the offense 673 attempted, solicited, or conspired to. If the criminal attempt, 674 criminal solicitation, or criminal conspiracy is of an offense 675 ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, 676 such offense is a misdemeanor of the first degree, punishable as 677 provided in s. 775.082 or s. 775.083. 678

Section 15. Subsection (3) of

section 784.07, Florida 679 Statutes, is amended to read: 680 784.07 Assault or battery of law enforcement officers and 681 other specified personnel; reclassification of offenses; minimum 682 sentences.— 683

(3) Any person who is convicted of a battery under 684 paragraph (2)(

b) and, during the commission of the offense, such 685 person possessed: 686 (

a) A “firearm” or “destructive device” as those terms are 687 defined in s. 790.001, shall be sentenced to a minimum term of 688 imprisonment of 3 years. 689 (

b) A semiautomatic firearm and its high-capacity 690 detachable box magazine, as defined in s. 775.087(3), or a 691 machine gun as defined in s. 790.001, shall be sentenced to a 692 minimum term of imprisonment of 8 years. 693 694 Notwithstanding s. 948.01, adjudication of guilt or imposition 695 of sentence shall not be suspended, deferred, or withheld, and 696

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 25 of 35 CODING: Words stricken are deletions; words underlined are additions. the defendant is not eligible for statutory gain-time or credits 697 under s. 944.275 or any form of discretionary early release, 698 other than pardon or executive clemency, or conditional medical 699 release under s. 947.149, prior to serving the minimum sentence. 700

Section 16. Paragraphs (

a) and (

b) of subsection (7) of 701

section 794.011, Florida Statutes, are amended to read: 702 794.011 Sexual battery.— 703 (7)(

a) A person who is convicted of committing a sexual 704 battery on or after October 1, 1992, is not eligible for basic 705 gain-time or credits under s. 944.275. 706 (

b) Notwithstanding paragraph (a), for sentences imposed 707 for offenses committed on or after July 1, 2023, a person who is 708 convicted of committing or attempting, soliciting, or conspiring 709 to commit a sexual battery in violation of this

section is not 710 eligible for basic gain-time or credits under s. 944.275. 711

Section 17. Subsection (7) of

section 794.0115, Florida 712 Statutes, is amended to read: 713 794.0115 Dangerous sexual felony offender; mandatory 714 sentencing.— 715

(7) A defendant sentenced to a mandatory minimum term of 716 imprisonment under this

section is not eligible for statutory 717 gain-time or credits under s. 944.275 or any form of 718 discretionary early release, other than pardon or executive 719 clemency, or conditional medical release under s. 947.149, 720 before serving the minimum sentence. 721

Section 18. Subsection (2) of

section 794.023, Florida 722 Statutes, is amended to read: 723 794.023 Sexual battery by multiple perpetrators; 724 reclassification of offenses.— 725

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(2) A violation of s. 794.011 shall be reclassified as 726 provided in this subsection if it is charged and proven by the 727 prosecution that, during the same criminal transaction or 728 episode, more than one person committed

an act of sexual battery 729 on the same victim. 730 (

a) A felony of the second degree is reclassified to a 731 felony of the first degree. 732 (

b) A felony of the first degree is reclassified to a life 733 felony. 734 735 This subsection does not apply to life felonies or capital 736 felonies. For purposes of sentencing under

chapter 921 and 737 determining rehabilitation credit incentive gain-time 738 eligibility under

chapter 944, a felony offense that is 739 reclassified under this subsection is ranked one level above the 740 ranking under s. 921.0022 or s. 921.0023 of the offense 741 committed. 742

Section 19. Subsection (4) of

section 812.081, Florida 743 Statutes, is amended to read: 744 812.081 Theft of or trafficking in trade secrets; 745

definitions; penalties; providing to foreign entities; 746 restitution.— 747

(4) Whenever a person is charged with a violation of this 748

section which was committed with the intent to benefit a foreign 749 government, a foreign agent, or a foreign instrumentality, the 750 offense for which the person is charged shall be reclassified as 751 follows: 752 (

a) In the case of theft of a trade secret, from a felony 753 of the third degree to a felony of the second degree. 754

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b) In the case of trafficking in trade secrets, from a 755 felony of the second degree to a felony of the first degree. 756 757 For purposes of sentencing under

chapter 921 and determining 758 incentive gain-time or credit eligibility under

chapter 944, a 759 felony offense that is reclassified under this subsection is 760 ranked one level above the ranking under s. 921.0022 of the 761 offense committed. 762

Section 20. Subsection (5) of

section 817.568, Florida 763 Statutes, is amended to read: 764 817.568 Criminal use of personal identification 765 information.— 766

(5) If an offense prohibited under this

section was 767 facilitated or furthered by the use of a public record, as 768 defined in s. 119.011, the offense is reclassified to the next 769 higher degree as follows: 770 (

a) A misdemeanor of the first degree is reclassified as a 771 felony of the third degree. 772 (

b) A felony of the third degree is reclassified as a 773 felony of the second degree. 774 (

c) A felony of the second degree is reclassified as a 775 felony of the first degree. 776 777 For purposes of sentencing under

chapter 921 and rehabilitation 778 credit incentive gain-time eligibility under

chapter 944, a 779 felony offense that is reclassified under this subsection is 780 ranked one level above the ranking under s. 921.0022 of the 781 felony offense committed, and a misdemeanor offense that is 782 reclassified under this subsection is ranked in level 2 of the 783

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Section 21. Subsection (3) of

section 831.032, Florida 785 Statutes, is amended to read: 786 831.032 Offenses involving forging or counterfeiting 787 private labels.— 788 (3)(

a) Violation of subsection (1) or subsection (2) is a 789 misdemeanor of the first degree, punishable as provided in s. 790 775.082 or s. 775.083, except that: 791 1. A violation of subsection (1) or subsection (2) is a 792 felony of the third degree, punishable as provided in s. 793 775.082, s. 775.083, or s. 775.084, if the offense involves 100 794 or more but less than 1,000 items bearing one or more 795 counterfeit marks or if the goods involved in the offense have a 796 total retail value of more than $2,500, but less than $20,000. 797 2.

A violation of subsection (1) or subsection (2) is a 798 felony of the second degree, punishable as provided in s. 799 775.082, s. 775.083, or s. 775.084, if the offense involves 800 1,000 or more items bearing one or more counterfeit marks or if 801 the goods involved in the offense have a total retail value of 802 $20,000 or more. 803 3.

A violation of subsection (1) or subsection (2) is a 804 felony of the third degree, punishable as provided in s. 805 775.082, s. 775.083, or s. 775.084 if, during the commission or 806 as a result of the commission of the offense, the person 807 engaging in the offense knowingly or by culpable negligence 808 causes or allows to be caused bodily injury to another. 809 4. A violation of subsection (1) or subsection (2) is a 810 felony of the second degree, punishable as provided in s. 811 775.082, s. 775.083, or s. 775.084 if, during the commission or 812

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 29 of 35 CODING: Words stricken are deletions; words underlined are additions. as a result of the commission of the offense, the person 813 engaging in the offense knowingly or by culpable negligence 814 causes or allows to be caused serious bodily injury to another. 815 5. A violation of subsection (1) or subsection (2) is a 816 felony of the first degree, punishable as provided in s. 817 775.082, s. 775.083, or s. 775.084 if, during the commission or 818 as a result of the commission of the offense, the person 819 engaging in the offense knowingly or by culpable negligence 820 causes or allows to be caused death to another. 821 (

b) For any person who, having previously been convicted 822 for an offense under this section, is subsequently convicted for 823 another offense under this section, such subsequent offense 824 shall be reclassified as follows: 825 1. In the case of a felony of the second degree, to a 826 felony of the first degree. 827 2. In the case of a felony of the third degree, to a felony 828 of the second degree. 829 3. In the case of a misdemeanor of the first degree, to a 830 felony of the third degree. For purposes of sentencing under 831

chapter 921 and determining rehabilitation credit incentive 832 gain-time eligibility under

chapter 944, such offense is ranked 833 in level 4 of the offense severity ranking chart. 834 835 For purposes of sentencing under

chapter 921 and determining 836 rehabilitation credit incentive gain-time eligibility under 837

chapter 944, a felony offense that is reclassified under this 838 paragraph is ranked one level above the ranking under s. 839 921.0022 or s. 921.0023 of the felony offense committed. 840 (

c) In lieu of a fine otherwise authorized by law, when any 841

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 30 of 35 CODING: Words stricken are deletions; words underlined are additions. person has been convicted of an offense under this section, the 842 court may fine the person up to three times the retail value of 843 the goods seized, manufactured, or sold, whichever is greater, 844 and may enter orders awarding court costs and the costs of 845 investigation and prosecution, reasonably incurred. The court 846 shall hold a hearing to determine the amount of the fine 847 authorized by this paragraph. 848 (

d) When a person is convicted of an offense under this 849 section, the court, pursuant to s. 775.089, shall order the 850 person to pay restitution to the trademark owner and any other 851 victim of the offense. In determining the value of the property 852 loss to the trademark owner, the court shall include expenses 853 incurred by the trademark owner in the investigation or 854 prosecution of the offense as well as the disgorgement of any 855 profits realized by a person convicted of the offense. 856

Section 22. Subsection (2) of

section 843.22, Florida 857 Statutes, is amended to read: 858 843.22 Traveling across county lines with intent to commit 859 a burglary.— 860

(2) If a person who commits a burglary travels any distance 861 with the intent to commit the burglary in a county in this state 862 other than the person’s county of residence, the degree of the 863 burglary shall be reclassified to the next higher degree. For 864 purposes of sentencing under

chapter 921 and determining 865 rehabilitation credit incentive gain-time eligibility under 866

chapter 944, a burglary that is reclassified under this

section 867 is ranked one level above the ranking specified in s. 921.0022 868 or s. 921.0023 for the burglary committed. 869

Section 23. Paragraph (

b) of subsection (1) and subsection 870

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section 874.04, Florida Statutes, are amended to read: 871 874.04 Gang-related offenses; enhanced penalties.—Upon a 872 finding by the factfinder that the defendant committed the 873 charged offense for the purpose of benefiting, promoting, or 874 furthering the interests of a criminal gang, the penalty for any 875 felony or misdemeanor, or any delinquent act or violation of law 876 which would be a felony or misdemeanor if committed by an adult, 877 may be enhanced. Penalty enhancement affects the applicable 878 statutory maximum penalty only.

Each of the findings required as 879 a basis for such sentence shall be found beyond a reasonable 880 doubt. The enhancement will be as follows: 881 (1) 882 (

b) A misdemeanor of the first degree may be punished as if 883 it were a felony of the third degree. For purposes of sentencing 884 under

chapter 921 and determining rehabilitation credit 885 incentive gain-time eligibility under

chapter 944, such offense 886 is ranked in level 1 of the offense severity ranking chart. The 887 criminal gang multiplier in s. 921.0024 does not apply to 888 misdemeanors enhanced under this paragraph. 889 (2)(

a) A felony of the third degree may be punished as if 890 it were a felony of the second degree. 891 (

b) A felony of the second degree may be punished as if it 892 were a felony of the first degree. 893 (

c) A felony of the first degree may be punished as if it 894 were a life felony. 895 896 For purposes of sentencing under

chapter 921 and determining 897 rehabilitation credit incentive gain-time eligibility under 898

chapter 944, such felony offense is ranked as provided in s. 899

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Section

Section 944.281, Florida Statutes, is amended 902 to read: 903 944.281 Ineligibility to earn gain-time due to disciplinary 904 action.—The department may declare that a prisoner who commits a 905 violation of any law of the state or rule or regulation of the 906 department or institution on or after January 1, 1996, and who 907 is found guilty pursuant to s. 944.28(2), shall not be eligible 908 to earn rehabilitation credits incentive gain-time for up to 6 909 months following the month in which the violation occurred. The 910 department shall adopt rules to administer the provisions of 911 this section. 912

Section 25. Subsection (1) of

section 944.473, Florida 913 Statutes, is amended to read: 914 944.473 Inmate substance abuse testing program.— 915

(1) RULES AND PROCEDURES.—The department shall establish 916 programs for random and reasonable suspicion drug and alcohol 917 testing by urinalysis or other noninvasive procedure for inmates 918 to effectively identify those inmates abusing drugs, alcohol, or 919 both.

The department shall also adopt rules relating to fair, 920 economical, and accurate operations and procedures of a random 921 inmate substance abuse testing program and a reasonable 922 suspicion substance abuse testing program by urinalysis or other 923 noninvasive procedure which enumerate penalties for positive 924 test results, including but not limited to the forfeiture of 925 both basic and rehabilitation credits incentive gain-time, and 926 which do not limit the number of times an inmate may be tested 927 in any one fiscal or calendar year. 928

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Section 26. Paragraph (

b) of subsection (1) of

section 929 944.70, Florida Statutes, is amended to read: 930 944.70 Conditions for release from incarceration.— 931 (1) 932 (

b) A person who is convicted of a crime committed on or 933 after January 1, 1994, may be released from incarceration only: 934 1. Upon expiration of the person’s sentence; 935 2. Upon expiration of the person’s sentence as reduced by 936 accumulated outstanding deed meritorious or rehabilitation 937 credit incentive gain-time; 938 3. As directed by an executive order granting clemency; 939 4. Upon placement in a conditional release program pursuant 940 to s. 947.1405 or a conditional medical release program pursuant 941 to s. 947.149; or 942 5. Upon the granting of control release, including 943 emergency control release, pursuant to s. 947.146. 944

Section 27. Paragraphs (

i) and (

j) of subsection (3) of 945

section 944.801, Florida Statutes, are amended to read: 946 944.801 Education for state prisoners.— 947

(3) The responsibilities of the Correctional Education 948 Program shall be to: 949 (

i) Ensure that every inmate who has 2 years or more 950 remaining to serve on his or her sentence at the time that he or 951 she is received at an institution and who lacks basic and 952 functional literacy skills as defined in s. 1004.02 attends not 953 fewer than 150 hours of sequential instruction in a correctional 954 adult basic education program. The basic and functional literacy 955 level of an inmate shall be determined by the average composite 956 test score obtained on a test approved for this purpose by the 957

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 34 of 35 CODING: Words stricken are deletions; words underlined are additions. State Board of Education. 958 1. Upon completion of the 150 hours of instruction, the 959 inmate shall be retested and, if a composite test score of 960 functional literacy is not attained, the department is 961 authorized to require the inmate to remain in the instructional 962 program. 963 2. Highest priority of inmate participation shall be 964 focused on youthful offenders and those inmates nearing release 965 from the correctional system. 966 3.

An inmate shall be required to attend the 150 hours of 967 adult basic education instruction unless such inmate: 968 a. Is serving a life sentence or is under sentence of 969 death. 970 b. Is specifically exempted for security or health reasons. 971 c. Is housed at a community correctional center, road 972 prison, work camp, or vocational center. 973 d. Attains a functional literacy level after attendance in 974 fewer than 150 hours of adult basic education instruction. 975 e. Is unable to enter such instruction because of 976 insufficient facilities, staff, or classroom capacity. 977 4.

The Department of Corrections shall provide classes to 978 accommodate those inmates assigned to correctional or public 979 work programs after normal working hours. The department shall 980 develop a plan to provide academic and vocational classes on a 981 more frequent basis and at times that accommodate the increasing 982 number of inmates with work assignments, to the extent that 983 resources permit. 984 5. If an inmate attends and actively participates in the 985 150 hours of instruction, the Department of Corrections may 986

Florida Senate - 2024 SB 1572 24-01196-24 20241572__ Page 35 of 35 CODING: Words stricken are deletions; words underlined are additions. grant a one-time award of up to 6 additional days of 987 rehabilitation credit incentive gain-time, which must be 988 credited and applied as provided by law. Active participation 989 means, at a minimum, that the inmate is attentive, responsive, 990 cooperative, and completes assigned work. 991 (

j) Recommend the award of additional rehabilitation credit 992 incentive gain-time for inmates who receive a high school 993 equivalency diploma or a vocational certificate. 994

Section 28. Subsection (15) of

section 947.005, Florida 995 Statutes, is amended to read: 996 947.005

Definitions.—As used in this chapter, unless the 997 context clearly indicates otherwise: 998 (15) “Tentative release date” means the date projected for 999 the prisoner’s release from custody by virtue of gain-time and 1000 credits granted or forfeited pursuant to s. 944.275(3)(a). 1001

Section 29. This act shall take effect July 1, 2024. 1002