Florida Senate - 2020 CS for SB 574 By the Committee on Criminal Justice; and Senators Brandes and Perry 591-02026-20 2020574c1 1 A bill to be entitled 2 An act relating to conditional aging inmate release; 3 creating s. 945.0912, F.S.; establishing the 4 conditional aging inmate release program within the 5 Department of Corrections; establishing a panel to 6 consider specified matters; providing for program 7 eligibility; requiring that an inmate who meets 8 certain criteria be considered for conditional aging 9 inmate release; providing that the inmate does not 10 have a right to release; requiring the department to 11 identify eligible inmates; requiring the department to 12 refer an inmate to the panel for consideration; 13 providing victim notification requirements under 14 certain circumstances; requiring the panel to conduct 15 a hearing within a specified timeframe; providing 16 requirements for the hearing; providing that an inmate 17 who is approved for conditional aging inmate release 18 must be released from the department’s custody within 19 a reasonable amount of time; providing that an inmate 20 is considered an aging releasee upon release from the 21 department into the community; providing a review 22 process for an inmate who is denied release; providing 23 conditions for release; prohibiting an aging releasee 24 or his or her community-based housing from being 25 counted in the prison system population and the prison 26 capacity figures, respectively; providing for the 27 revocation of conditional aging inmate release; 28 requiring the aging releasee to be detained if a 29 violation is based on certain circumstances; 30 authorizing the aging releasee to be returned to the 31 department if he or she violates any conditions of the 32 release; requiring a majority of the panel to agree on 33 the appropriateness of revocation; authorizing the 34 forfeiture of gain-time if the revocation is based on 35 certain violations; providing a review process for an 36 aging releasee who has his or her released revoked; 37 requiring the aging releasee to be given specified 38 information in certain instances; providing rulemaking 39 authority; amending ss. 316.1935, 775.084, 775.087, 40 784.07, 790.235, 794.0115, 893.135, 921.0024, 944.605, 41 and 944.70, F.S.; conforming cross-references; 42 providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Section 945.0912, Florida Statutes, is created 47 to read: 48 945.0912 Conditional aging inmate release.— 49 (1) CREATION.—There is established a conditional aging 50 inmate release program within the department for the purpose of 51 determining eligible inmates who are appropriate for such 52 release, supervising the released inmates, and conducting 53 revocation hearings as provided for in this section. The program 54 must include a panel of at least three people appointed by the 55 secretary or his or her designee for the purpose of determining 56 the appropriateness of conditional aging inmate release and 57 conducting revocation hearings on the inmate releases. 58 (2) ELIGIBILITY.— 59 (a) An inmate is eligible for consideration for release 60 under the conditional aging inmate release program when the 61 inmate has reached 70 years of age and has served at least 10 62 years on his or her term of imprisonment. 63 (b) An inmate may not be considered for release through the 64 program if he or she has ever been found guilty of, regardless 65 of adjudication, or entered a plea of nolo contendere or guilty 66 to, or has been adjudicated delinquent for committing: 67 1. A violation of any of the following sections which 68 results in the actual killing of a human being: 69 a. Section 775.33(4). 70 b. Section 782.04(1) or (2). 71 c. Section 782.09. 72 2. Any felony offense that serves as a predicate to 73 registration as a sexual offender in accordance with s. 74 943.0435; or 75 3. Any similar offense committed in another jurisdiction 76 which would be an offense listed in this paragraph if it had 77 been committed in violation of the laws of this state. 78 (3) REFERRAL FOR CONSIDERATION.— 79 (a)1. Notwithstanding any provision to the contrary, an 80 inmate in the custody of the department who is eligible for 81 consideration pursuant to subsection (2) must be considered for 82 the conditional aging inmate release program. 83 2. The authority to grant conditional aging inmate release 84 rests solely with the department. An inmate does not have a 85 right to such release. 86 (b) The department must identify inmates who may be 87 eligible for the conditional aging inmate release program. In 88 considering an inmate for conditional aging inmate release, the 89 department may require the production of additional evidence or 90 any other additional investigations that the department deems 91 are necessary for determining the appropriateness of the 92 eligible inmate’s release. 93 (c) The department must refer an inmate to the panel 94 established under subsection (1) for review and determination of 95 conditional aging inmate release upon his or her identification 96 as potentially eligible for release pursuant to this section. 97 (d) If the case that resulted in the inmate’s commitment to 98 the department involved a victim, and the victim specifically 99 requested notification pursuant to s. 16, Art. I of the State 100 Constitution, the department must notify the victim of the 101 inmate’s referral to the panel immediately upon identification 102 of the inmate as potentially eligible for release under this 103 section. Additionally, the victim must be afforded the right to 104 be heard regarding the release of the inmate. 105 (4) DETERMINATION OF RELEASE.— 106 (a) Within 45 days after receiving the referral, the panel 107 established in subsection (1) must conduct a hearing to 108 determine whether the inmate is appropriate for conditional 109 aging inmate release. 110 (b) A majority of the panel members must agree that the 111 inmate is appropriate for release pursuant to this section. If 112 conditional aging inmate release is approved, the inmate must be 113 released by the department to the community within a reasonable 114 amount of time with necessary release conditions imposed 115 pursuant to subsection (5). An inmate who is granted conditional 116 aging inmate release is considered an aging releasee upon 117 release to the community. 118 (c) An inmate who is denied conditional aging inmate 119 release by the panel may have the decision reviewed by the 120 department’s general counsel, who must make a recommendation to 121 the secretary. The secretary must review all relevant 122 information and make a final decision about the appropriateness 123 of conditional aging inmate release pursuant to this section. 124 The decision of the secretary is a final administrative decision 125 not subject to appeal. An inmate who is denied conditional aging 126 inmate release may be subsequently reconsidered for such release 127 in a manner prescribed by rule. 128 (5) RELEASE CONDITIONS.— 129 (a) An inmate granted release pursuant to this section is 130 released for a period equal to the length of time remaining on 131 his or her term of imprisonment on the date the release is 132 granted. Such inmate is considered an aging releasee upon 133 release from the department into the community. The aging 134 releasee must comply with all reasonable conditions of release 135 the department imposes, which must include, at a minimum: 136 1. Supervision by an officer trained to handle special 137 offender caseloads. 138 2. Active electronic monitoring, if such monitoring is 139 determined to be necessary to ensure the safety of the public 140 and the aging releasee’s compliance with release conditions. 141 3. Any conditions of community control provided for in s. 142 948.101. 143 4. Any other conditions the department deems appropriate to 144 ensure the safety of the community and compliance by the aging 145 releasee. 146 (b) An aging releasee is considered to be in the care, 147 custody, supervision, and control of the department and remains 148 eligible to earn or lose gain-time in accordance with s. 944.275 149 and department rule. The aging releasee may not be counted in 150 the prison system population, and the aging releasee’s approved 151 community-based housing location may not be counted in the 152 capacity figures for the prison system. 153 (6) REVOCATION HEARING AND RECOMMITMENT.— 154 (a)1. An aging releasee’s conditional aging inmate release 155 may be revoked for a violation of any condition of the release 156 established by the department, including, but not limited to, a 157 new violation of law. 158 2. If the basis of the violation of release conditions is 159 related to a new violation of law, the aging releasee must be 160 detained without bond until his or her initial appearance, at 161 which a judicial determination of probable cause is made. If the 162 judge determines that there was no probable cause for the 163 arrest, the aging releasee may be released. If the judge 164 determines that there was probable cause for the arrest, the 165 judge’s determination also constitutes reasonable grounds to 166 believe that the aging releasee violated the conditions of the 167 release. 168 3. The department must order that the aging releasee 169 subject to revocation under this paragraph be returned to 170 department custody for a conditional aging inmate release 171 revocation hearing as prescribed by rule. 172 4. A majority of the panel members must agree that 173 revocation is appropriate for the aging releasee’s conditional 174 aging inmate release to be revoked. If conditional aging inmate 175 release is revoked pursuant to this paragraph, the aging 176 releasee must serve the balance of his or her sentence with 177 credit for the actual time served on conditional aging inmate 178 release. The aging releasee’s gain-time accrued before 179 recommitment may be forfeited pursuant to s. 944.28(1). If the 180 aging releasee whose conditional aging inmate release is revoked 181 subject to this paragraph would otherwise be eligible for parole 182 or any other release program, he or she may be considered for 183 such release program pursuant to law. 184 5. An aging releasee whose release has been revoked 185 pursuant to this paragraph may have the revocation reviewed by 186 the department’s general counsel, who must make a recommendation 187 to the secretary. The secretary must review all relevant 188 information and make a final decision about the appropriateness 189 of the revocation of conditional aging inmate release pursuant 190 to this paragraph. The decision of the secretary is a final 191 administrative decision not subject to appeal. 192 (b) If the aging releasee subject to revocation under 193 paragraph (a) elects to proceed with a hearing, the aging 194 releasee must be informed orally and in writing of the 195 following: 196 1. The alleged violation with which the releasee is 197 charged. 198 2. The releasee’s right to be represented by counsel. 199 However, this subparagraph does not create a right to publicly 200 funded legal counsel. 201 3. The releasee’s right to be heard in person. 202 4. The releasee’s right to secure, present, and compel the 203 attendance of witnesses relevant to the proceeding. 204 5. The releasee’s right to produce documents on his or her 205 own behalf. 206 6. The releasee’s right of access to all evidence used 207 against the releasee and to confront and cross-examine adverse 208 witnesses. 209 7. The releasee’s right to waive the hearing. 210 (7) RULEMAKING AUTHORITY.—The department may adopt rules as 211 necessary to implement this section. 212 Section 2. Subsection (6) of section 316.1935, Florida 213 Statutes, is amended to read: 214 316.1935 Fleeing or attempting to elude a law enforcement 215 officer; aggravated fleeing or eluding.— 216 (6) Notwithstanding s. 948.01, no court may suspend, defer, 217 or withhold adjudication of guilt or imposition of sentence for 218 any violation of this section. A person convicted and sentenced 219 to a mandatory minimum term of incarceration under paragraph 220 (3)(b) or paragraph (4)(b) is not eligible for statutory gain 221 time under s. 944.275 or any form of discretionary early 222 release, other than pardon or executive clemency,orconditional 223 medical release under s. 947.149, or conditional aging inmate 224 release under s. 945.0912, prior to serving the mandatory 225 minimum sentence. 226 Section 3. Paragraph (k) of subsection (4) of section 227 775.084, Florida Statutes, is amended to read: 228 775.084 Violent career criminals; habitual felony offenders 229 and habitual violent felony offenders; three-time violent felony 230 offenders; definitions; procedure; enhanced penalties or 231 mandatory minimum prison terms.— 232 (4) 233 (k)1. A defendant sentenced under this section as a 234 habitual felony offender, a habitual violent felony offender, or 235 a violent career criminal is eligible for gain-time granted by 236 the Department of Corrections as provided in s. 944.275(4)(b). 237 2. For an offense committed on or after October 1, 1995, a 238 defendant sentenced under this section as a violent career 239 criminal is not eligible for any form of discretionary early 240 release, other than pardon or executive clemency,orconditional 241 medical release undergranted pursuant tos. 947.149, or 242 conditional aging inmate release under s. 945.0912. 243 3. For an offense committed on or after July 1, 1999, a 244 defendant sentenced under this section as a three-time violent 245 felony offender shall be released only by expiration of sentence 246 and shall not be eligible for parole, control release, or any 247 form of early release. 248 Section 4. Paragraph (b) of subsection (2) and paragraph 249 (b) of subsection (3) of section 775.087, Florida Statutes, are 250 amended to read: 251 775.087 Possession or use of weapon; aggravated battery; 252 felony reclassification; minimum sentence.— 253 (2) 254 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph 255 (a)3. does not prevent a court from imposing a longer sentence 256 of incarceration as authorized by law in addition to the minimum 257 mandatory sentence, or from imposing a sentence of death 258 pursuant to other applicable law. Subparagraph (a)1., 259 subparagraph (a)2., or subparagraph (a)3. does not authorize a 260 court to impose a lesser sentence than otherwise required by 261 law. 262 263 Notwithstanding s. 948.01, adjudication of guilt or imposition 264 of sentence shall not be suspended, deferred, or withheld, and 265 the defendant is not eligible for statutory gain-time under s. 266 944.275 or any form of discretionary early release, other than 267 pardon or executive clemency,orconditional medical release 268 under s. 947.149, or conditional aging inmate release under s. 269 945.0912, prior to serving the minimum sentence. 270 (3) 271 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph 272 (a)3. does not prevent a court from imposing a longer sentence 273 of incarceration as authorized by law in addition to the minimum 274 mandatory sentence, or from imposing a sentence of death 275 pursuant to other applicable law. Subparagraph (a)1., 276 subparagraph (a)2., or subparagraph (a)3. does not authorize a 277 court to impose a lesser sentence than otherwise required by 278 law. 279 280 Notwithstanding s. 948.01, adjudication of guilt or imposition 281 of sentence shall not be suspended, deferred, or withheld, and 282 the defendant is not eligible for statutory gain-time under s. 283 944.275 or any form of discretionary early release, other than 284 pardon or executive clemency,orconditional medical release 285 under s. 947.149, or conditional aging inmate release under s. 286 945.0912, prior to serving the minimum sentence. 287 Section 5. Subsection (3) of section 784.07, Florida 288 Statutes, is amended to read: 289 784.07 Assault or battery of law enforcement officers, 290 firefighters, emergency medical care providers, public transit 291 employees or agents, or other specified officers; 292 reclassification of offenses; minimum sentences.— 293 (3) Any person who is convicted of a battery under 294 paragraph (2)(b) and, during the commission of the offense, such 295 person possessed: 296 (a) A “firearm” or “destructive device” as those terms are 297 defined in s. 790.001, shall be sentenced to a minimum term of 298 imprisonment of 3 years. 299 (b) A semiautomatic firearm and its high-capacity 300 detachable box magazine, as defined in s. 775.087(3), or a 301 machine gun as defined in s. 790.001, shall be sentenced to a 302 minimum term of imprisonment of 8 years. 303 304 Notwithstanding s. 948.01, adjudication of guilt or imposition 305 of sentence shall not be suspended, deferred, or withheld, and 306 the defendant is not eligible for statutory gain-time under s. 307 944.275 or any form of discretionary early release, other than 308 pardon or executive clemency,orconditional medical release 309 under s. 947.149, or conditional aging inmate release under s. 310 945.0912, prior to serving the minimum sentence. 311 Section 6. Subsection (1) of section 790.235, Florida 312 Statutes, is amended to read: 313 790.235 Possession of firearm or ammunition by violent 314 career criminal unlawful; penalty.— 315 (1) Any person who meets the violent career criminal 316 criteria under s. 775.084(1)(d), regardless of whether such 317 person is or has previously been sentenced as a violent career 318 criminal, who owns or has in his or her care, custody, 319 possession, or control any firearm, ammunition, or electric 320 weapon or device, or carries a concealed weapon, including a 321 tear gas gun or chemical weapon or device, commits a felony of 322 the first degree, punishable as provided in s. 775.082, s. 323 775.083, or s. 775.084. A person convicted of a violation of 324 this section shall be sentenced to a mandatory minimum of 15 325 years’ imprisonment; however, if the person would be sentenced 326 to a longer term of imprisonment under s. 775.084(4)(d), the 327 person must be sentenced under that provision. A person 328 convicted of a violation of this section is not eligible for any 329 form of discretionary early release, other than pardon, 330 executive clemency,orconditional medical release under s. 331 947.149, or conditional aging inmate release under s. 945.0912. 332 Section 7. Subsection (7) of section 794.0115, Florida 333 Statutes, is amended to read: 334 794.0115 Dangerous sexual felony offender; mandatory 335 sentencing.— 336 (7) A defendant sentenced to a mandatory minimum term of 337 imprisonment under this section is not eligible for statutory 338 gain-time under s. 944.275 or any form of discretionary early 339 release, other than pardon or executive clemency,orconditional 340 medical release under s. 947.149, or conditional aging inmate 341 release under s. 945.0912, before serving the minimum sentence. 342 Section 8. Paragraphs (b), (c), and (g) of subsection (1) 343 and subsection (3) of section 893.135, Florida Statutes, are 344 amended to read: 345 893.135 Trafficking; mandatory sentences; suspension or 346 reduction of sentences; conspiracy to engage in trafficking.— 347 (1) Except as authorized in this chapter or in chapter 499 348 and notwithstanding the provisions of s. 893.13: 349 (b)1. Any person who knowingly sells, purchases, 350 manufactures, delivers, or brings into this state, or who is 351 knowingly in actual or constructive possession of, 28 grams or 352 more of cocaine, as described in s. 893.03(2)(a)4., or of any 353 mixture containing cocaine, but less than 150 kilograms of 354 cocaine or any such mixture, commits a felony of the first 355 degree, which felony shall be known as “trafficking in cocaine,” 356 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 357 If the quantity involved: 358 a. Is 28 grams or more, but less than 200 grams, such 359 person shall be sentenced to a mandatory minimum term of 360 imprisonment of 3 years, and the defendant shall be ordered to 361 pay a fine of $50,000. 362 b. Is 200 grams or more, but less than 400 grams, such 363 person shall be sentenced to a mandatory minimum term of 364 imprisonment of 7 years, and the defendant shall be ordered to 365 pay a fine of $100,000. 366 c. Is 400 grams or more, but less than 150 kilograms, such 367 person shall be sentenced to a mandatory minimum term of 368 imprisonment of 15 calendar years and pay a fine of $250,000. 369 2. Any person who knowingly sells, purchases, manufactures, 370 delivers, or brings into this state, or who is knowingly in 371 actual or constructive possession of, 150 kilograms or more of 372 cocaine, as described in s. 893.03(2)(a)4., commits the first 373 degree felony of trafficking in cocaine. A person who has been 374 convicted of the first degree felony of trafficking in cocaine 375 under this subparagraph shall be punished by life imprisonment 376 and is ineligible for any form of discretionary early release 377 except pardon or executive clemency,orconditional medical 378 release under s. 947.149, or conditional aging inmate release 379 under s. 945.0912. However, if the court determines that, in 380 addition to committing any act specified in this paragraph: 381 a. The person intentionally killed an individual or 382 counseled, commanded, induced, procured, or caused the 383 intentional killing of an individual and such killing was the 384 result; or 385 b. The person’s conduct in committing that act led to a 386 natural, though not inevitable, lethal result, 387 388 such person commits the capital felony of trafficking in 389 cocaine, punishable as provided in ss. 775.082 and 921.142. Any 390 person sentenced for a capital felony under this paragraph shall 391 also be sentenced to pay the maximum fine provided under 392 subparagraph 1. 393 3. Any person who knowingly brings into this state 300 394 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 395 and who knows that the probable result of such importation would 396 be the death of any person, commits capital importation of 397 cocaine, a capital felony punishable as provided in ss. 775.082 398 and 921.142. Any person sentenced for a capital felony under 399 this paragraph shall also be sentenced to pay the maximum fine 400 provided under subparagraph 1. 401 (c)1. A person who knowingly sells, purchases, 402 manufactures, delivers, or brings into this state, or who is 403 knowingly in actual or constructive possession of, 4 grams or 404 more of any morphine, opium, hydromorphone, or any salt, 405 derivative, isomer, or salt of an isomer thereof, including 406 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 407 (3)(c)4., or 4 grams or more of any mixture containing any such 408 substance, but less than 30 kilograms of such substance or 409 mixture, commits a felony of the first degree, which felony 410 shall be known as “trafficking in illegal drugs,” punishable as 411 provided in s. 775.082, s. 775.083, or s. 775.084. If the 412 quantity involved: 413 a. Is 4 grams or more, but less than 14 grams, such person 414 shall be sentenced to a mandatory minimum term of imprisonment 415 of 3 years and shall be ordered to pay a fine of $50,000. 416 b. Is 14 grams or more, but less than 28 grams, such person 417 shall be sentenced to a mandatory minimum term of imprisonment 418 of 15 years and shall be ordered to pay a fine of $100,000. 419 c. Is 28 grams or more, but less than 30 kilograms, such 420 person shall be sentenced to a mandatory minimum term of 421 imprisonment of 25 years and shall be ordered to pay a fine of 422 $500,000. 423 2. A person who knowingly sells, purchases, manufactures, 424 delivers, or brings into this state, or who is knowingly in 425 actual or constructive possession of, 28 grams or more of 426 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 427 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 428 grams or more of any mixture containing any such substance, 429 commits a felony of the first degree, which felony shall be 430 known as “trafficking in hydrocodone,” punishable as provided in 431 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 432 a. Is 28 grams or more, but less than 50 grams, such person 433 shall be sentenced to a mandatory minimum term of imprisonment 434 of 3 years and shall be ordered to pay a fine of $50,000. 435 b. Is 50 grams or more, but less than 100 grams, such 436 person shall be sentenced to a mandatory minimum term of 437 imprisonment of 7 years and shall be ordered to pay a fine of 438 $100,000. 439 c. Is 100 grams or more, but less than 300 grams, such 440 person shall be sentenced to a mandatory minimum term of 441 imprisonment of 15 years and shall be ordered to pay a fine of 442 $500,000. 443 d. Is 300 grams or more, but less than 30 kilograms, such 444 person shall be sentenced to a mandatory minimum term of 445 imprisonment of 25 years and shall be ordered to pay a fine of 446 $750,000. 447 3. A person who knowingly sells, purchases, manufactures, 448 delivers, or brings into this state, or who is knowingly in 449 actual or constructive possession of, 7 grams or more of 450 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 451 thereof, or 7 grams or more of any mixture containing any such 452 substance, commits a felony of the first degree, which felony 453 shall be known as “trafficking in oxycodone,” punishable as 454 provided in s. 775.082, s. 775.083, or s. 775.084. If the 455 quantity involved: 456 a. Is 7 grams or more, but less than 14 grams, such person 457 shall be sentenced to a mandatory minimum term of imprisonment 458 of 3 years and shall be ordered to pay a fine of $50,000. 459 b. Is 14 grams or more, but less than 25 grams, such person 460 shall be sentenced to a mandatory minimum term of imprisonment 461 of 7 years and shall be ordered to pay a fine of $100,000. 462 c. Is 25 grams or more, but less than 100 grams, such 463 person shall be sentenced to a mandatory minimum term of 464 imprisonment of 15 years and shall be ordered to pay a fine of 465 $500,000. 466 d. Is 100 grams or more, but less than 30 kilograms, such 467 person shall be sentenced to a mandatory minimum term of 468 imprisonment of 25 years and shall be ordered to pay a fine of 469 $750,000. 470 4.a. A person who knowingly sells, purchases, manufactures, 471 delivers, or brings into this state, or who is knowingly in 472 actual or constructive possession of, 4 grams or more of: 473 (I) Alfentanil, as described in s. 893.03(2)(b)1.; 474 (II) Carfentanil, as described in s. 893.03(2)(b)6.; 475 (III) Fentanyl, as described in s. 893.03(2)(b)9.; 476 (IV) Sufentanil, as described in s. 893.03(2)(b)30.; 477 (V) A fentanyl derivative, as described in s. 478 893.03(1)(a)62.; 479 (VI) A controlled substance analog, as described in s. 480 893.0356, of any substance described in sub-sub-subparagraphs 481 (I)-(V); or 482 (VII) A mixture containing any substance described in sub 483 sub-subparagraphs (I)-(VI), 484 485 commits a felony of the first degree, which felony shall be 486 known as “trafficking in fentanyl,” punishable as provided in s. 487 775.082, s. 775.083, or s. 775.084. 488 b. If the quantity involved under sub-subparagraph a.: 489 (I) Is 4 grams or more, but less than 14 grams, such person 490 shall be sentenced to a mandatory minimum term of imprisonment 491 of 3 years, and shall be ordered to pay a fine of $50,000. 492 (II) Is 14 grams or more, but less than 28 grams, such 493 person shall be sentenced to a mandatory minimum term of 494 imprisonment of 15 years, and shall be ordered to pay a fine of 495 $100,000. 496 (III) Is 28 grams or more, such person shall be sentenced 497 to a mandatory minimum term of imprisonment of 25 years, and 498 shall be ordered to pay a fine of $500,000. 499 5. A person who knowingly sells, purchases, manufactures, 500 delivers, or brings into this state, or who is knowingly in 501 actual or constructive possession of, 30 kilograms or more of 502 any morphine, opium, oxycodone, hydrocodone, codeine, 503 hydromorphone, or any salt, derivative, isomer, or salt of an 504 isomer thereof, including heroin, as described in s. 505 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 506 more of any mixture containing any such substance, commits the 507 first degree felony of trafficking in illegal drugs. A person 508 who has been convicted of the first degree felony of trafficking 509 in illegal drugs under this subparagraph shall be punished by 510 life imprisonment and is ineligible for any form of 511 discretionary early release except pardon or executive clemency, 512orconditional medical release under s. 947.149, or conditional 513 aging inmate release under s. 945.0912. However, if the court 514 determines that, in addition to committing any act specified in 515 this paragraph: 516 a. The person intentionally killed an individual or 517 counseled, commanded, induced, procured, or caused the 518 intentional killing of an individual and such killing was the 519 result; or 520 b. The person’s conduct in committing that act led to a 521 natural, though not inevitable, lethal result, 522 523 such person commits the capital felony of trafficking in illegal 524 drugs, punishable as provided in ss. 775.082 and 921.142. A 525 person sentenced for a capital felony under this paragraph shall 526 also be sentenced to pay the maximum fine provided under 527 subparagraph 1. 528 6. A person who knowingly brings into this state 60 529 kilograms or more of any morphine, opium, oxycodone, 530 hydrocodone, codeine, hydromorphone, or any salt, derivative, 531 isomer, or salt of an isomer thereof, including heroin, as 532 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 533 60 kilograms or more of any mixture containing any such 534 substance, and who knows that the probable result of such 535 importation would be the death of a person, commits capital 536 importation of illegal drugs, a capital felony punishable as 537 provided in ss. 775.082 and 921.142. A person sentenced for a 538 capital felony under this paragraph shall also be sentenced to 539 pay the maximum fine provided under subparagraph 1. 540 (g)1. Any person who knowingly sells, purchases, 541 manufactures, delivers, or brings into this state, or who is 542 knowingly in actual or constructive possession of, 4 grams or 543 more of flunitrazepam or any mixture containing flunitrazepam as 544 described in s. 893.03(1)(a) commits a felony of the first 545 degree, which felony shall be known as “trafficking in 546 flunitrazepam,” punishable as provided in s. 775.082, s. 547 775.083, or s. 775.084. If the quantity involved: 548 a. Is 4 grams or more but less than 14 grams, such person 549 shall be sentenced to a mandatory minimum term of imprisonment 550 of 3 years, and the defendant shall be ordered to pay a fine of 551 $50,000. 552 b. Is 14 grams or more but less than 28 grams, such person 553 shall be sentenced to a mandatory minimum term of imprisonment 554 of 7 years, and the defendant shall be ordered to pay a fine of 555 $100,000. 556 c. Is 28 grams or more but less than 30 kilograms, such 557 person shall be sentenced to a mandatory minimum term of 558 imprisonment of 25 calendar years and pay a fine of $500,000. 559 2. Any person who knowingly sells, purchases, manufactures, 560 delivers, or brings into this state or who is knowingly in 561 actual or constructive possession of 30 kilograms or more of 562 flunitrazepam or any mixture containing flunitrazepam as 563 described in s. 893.03(1)(a) commits the first degree felony of 564 trafficking in flunitrazepam. A person who has been convicted of 565 the first degree felony of trafficking in flunitrazepam under 566 this subparagraph shall be punished by life imprisonment and is 567 ineligible for any form of discretionary early release except 568 pardon or executive clemency,orconditional medical release 569 under s. 947.149, or conditional aging inmate release under s. 570 945.0912. However, if the court determines that, in addition to 571 committing any act specified in this paragraph: 572 a. The person intentionally killed an individual or 573 counseled, commanded, induced, procured, or caused the 574 intentional killing of an individual and such killing was the 575 result; or 576 b. The person’s conduct in committing that act led to a 577 natural, though not inevitable, lethal result, 578 579 such person commits the capital felony of trafficking in 580 flunitrazepam, punishable as provided in ss. 775.082 and 581 921.142. Any person sentenced for a capital felony under this 582 paragraph shall also be sentenced to pay the maximum fine 583 provided under subparagraph 1. 584 (3) Notwithstanding the provisions of s. 948.01, with 585 respect to any person who is found to have violated this 586 section, adjudication of guilt or imposition of sentence shall 587 not be suspended, deferred, or withheld, nor shall such person 588 be eligible for parole prior to serving the mandatory minimum 589 term of imprisonment prescribed by this section. A person 590 sentenced to a mandatory minimum term of imprisonment under this 591 section is not eligible for any form of discretionary early 592 release, except pardon or executive clemency,orconditional 593 medical release under s. 947.149, or conditional aging inmate 594 release under s. 945.0912, prior to serving the mandatory 595 minimum term of imprisonment. 596 Section 9. Subsection (2) of section 921.0024, Florida 597 Statutes, is amended to read: 598 921.0024 Criminal Punishment Code; worksheet computations; 599 scoresheets.— 600 (2) The lowest permissible sentence is the minimum sentence 601 that may be imposed by the trial court, absent a valid reason 602 for departure. The lowest permissible sentence is any nonstate 603 prison sanction in which the total sentence points equals or is 604 less than 44 points, unless the court determines within its 605 discretion that a prison sentence, which may be up to the 606 statutory maximums for the offenses committed, is appropriate. 607 When the total sentence points exceeds 44 points, the lowest 608 permissible sentence in prison months shall be calculated by 609 subtracting 28 points from the total sentence points and 610 decreasing the remaining total by 25 percent. The total sentence 611 points shall be calculated only as a means of determining the 612 lowest permissible sentence. The permissible range for 613 sentencing shall be the lowest permissible sentence up to and 614 including the statutory maximum, as defined in s. 775.082, for 615 the primary offense and any additional offenses before the court 616 for sentencing. The sentencing court may impose such sentences 617 concurrently or consecutively. However, any sentence to state 618 prison must exceed 1 year. If the lowest permissible sentence 619 under the code exceeds the statutory maximum sentence as 620 provided in s. 775.082, the sentence required by the code must 621 be imposed. If the total sentence points are greater than or 622 equal to 363, the court may sentence the offender to life 623 imprisonment. An offender sentenced to life imprisonment under 624 this section is not eligible for any form of discretionary early 625 release, except executive clemency,orconditional medical 626 release under s. 947.149, or conditional aging inmate release 627 under s. 945.0912. 628 Section 10. Paragraph (b) of subsection (7) of section 629 944.605, Florida Statutes, is amended to read: 630 944.605 Inmate release; notification; identification card.— 631 (7) 632 (b) Paragraph (a) does not apply to inmates who: 633 1. The department determines have a valid driver license or 634 state identification card, except that the department shall 635 provide these inmates with a replacement state identification 636 card or replacement driver license, if necessary. 637 2. Have an active detainer, unless the department 638 determines that cancellation of the detainer is likely or that 639 the incarceration for which the detainer was issued will be less 640 than 12 months in duration. 641 3. Are released due to an emergency release,ora 642 conditional medical release under s. 947.149, or conditional 643 aging inmate release under s. 945.0912. 644 4. Are not in the physical custody of the department at or 645 within 180 days before release. 646 5. Are subject to sex offender residency restrictions, and 647 who, upon release under such restrictions, do not have a 648 qualifying address. 649 Section 11. Subsection (1) of section 944.70, Florida 650 Statutes, is amended to read: 651 944.70 Conditions for release from incarceration.— 652 (1)(a) A person who is convicted of a crime committed on or 653 after October 1, 1983, but before January 1, 1994, may be 654 released from incarceration only: 655 1. Upon expiration of the person’s sentence; 656 2. Upon expiration of the person’s sentence as reduced by 657 accumulated gain-time; 658 3. As directed by an executive order granting clemency; 659 4. Upon attaining the provisional release date; 660 5. Upon placement in a conditional release program pursuant 661 to s. 947.1405; or 662 6. Upon the granting of control release pursuant to s. 663 947.146. 664 (b) A person who is convicted of a crime committed on or 665 after January 1, 1994, may be released from incarceration only: 666 1. Upon expiration of the person’s sentence; 667 2. Upon expiration of the person’s sentence as reduced by 668 accumulated meritorious or incentive gain-time; 669 3. As directed by an executive order granting clemency; 670 4. Upon placement in a conditional release program pursuant 671 to s. 947.1405,ora conditional medical release program 672 pursuant to s. 947.149, or a conditional aging inmate release 673 program pursuant to s. 945.0912; or 674 5. Upon the granting of control release, including 675 emergency control release, pursuant to s. 947.146. 676 Section 12. This act shall take effect October 1, 2020.