Section 1.  1994 Revision of the Sentencing Guidelines; legislative intent.—This revision of the sentencing guidelines may be cited as the “Safe Streets Initiative of 1994,” and is designed to emphasize incarceration in the state prison system for violent offenders and nonviolent offenders who have repeatedly committed criminal offenses and have demonstrated an inability to comply with less restrictive penalties previously imposed.

Section 2.  Section 775.084, Florida Statutes, is amended to read:

775.084  Habitual felony offenders and habitual violent felony offenders; extended terms; definitions; procedure; penalties.—

(1)  As used in this act:

(a)  “Habitual felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in this section, if it finds that:

1.  The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses;

2.  The felony for which the defendant is to be sentenced was committed within 5 years of the date of the conviction of the last prior felony or other qualified offense of which he was convicted, or within 5 years of the defendant's release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later;

3.  The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance.

4.3.  The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this section; and

5.4.  A conviction of a felony or other qualified offense necessary to the operation of this section has not been set aside in any post-conviction proceeding.

(b)  “Habitual violent felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in this section, if it finds that:

1.  The defendant has previously been convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for:

a.  Arson,

b.  Sexual battery,

c.  Robbery,

d.  Kidnapping,

e.  Aggravated child abuse,

f.  Aggravated assault,

g.  Murder,

h.  Manslaughter,

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

j.  Armed burglary, or

k.  Aggravated battery;

2.  The felony for which the defendant is to be sentenced was committed within 5 years of the date of the conviction of the last prior enumerated felony or within 5 years of the defendant's release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for an enumerated felony, whichever is later;

3.  The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this section; and

4.  A conviction of a crime necessary to the operation of this section has not been set aside in any post-conviction proceeding.

(c)  “Qualified offense” means any offense, substantially similar in elements and penalties to an offense in this state, which is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction, that was punishable under the law of such jurisdiction at the time of its commission by the defendant by death or imprisonment exceeding 1 year.

(2)  For the purposes of this section, the placing of a person on probation without an adjudication of guilt shall be treated as a prior conviction if the subsequent offense for which he is to be sentenced was committed during such probationary period.

(3)  In a separate proceeding, the court shall determine if the defendant is a habitual felony offender or a habitual violent felony offender. The procedure shall be as follows:

(a)  The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a habitual felony offender or a habitual violent felony offender.

(b)  Written notice shall be served on the defendant and his attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence so as to allow the preparation of a submission on behalf of the defendant.

(c)  Except as provided in paragraph (a), all evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

(d)  Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable to the extent normally applicable to similar findings.

(e)  For the purpose of identification of a habitual felony offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.

(4)(a)  The court, in conformity with the procedure established in subsection (3), shall sentence the habitual felony offender as follows:

1.  In the case of a felony of the first degree, for life.

2.  In the case of a felony of the second degree, for a term of years not exceeding 30.

3.  In the case of a felony of the third degree, for a term of years not exceeding 10.

(b)  The court, in conformity with the procedure established in subsection (3), may sentence the habitual violent felony offender as follows:

1.  In the case of a felony of the first degree, for life, and such offender shall not be eligible for release for 15 years.

2.  In the case of a felony of the second degree, for a term of years not exceeding 30, and such offender shall not be eligible for release for 10 years.

3.  In the case of a felony of the third degree, for a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.

(c)  If the court decides that imposition of sentence under this section is not necessary for the protection of the public, sentence shall be imposed without regard to this section. At any time when it appears to the court that the defendant is a habitual felony offender or a habitual violent felony offender, the court shall make that determination as provided in subsection (3).

(d)  A sentence imposed under this section shall not be increased after such imposition.

(e)  A sentence imposed under this section is shall not be subject to the provisions of s. 921.001. The provisions of s. 947.146 chapter 947 shall not be applied to persons sentenced as habitual offenders under paragraph (1)(a), but shall not be applied to persons sentenced as habitual violent felony offenders under paragraph (1)(b) such person. The provisions of s. 947.1405 shall apply to persons sentenced as habitual felony offenders and persons sentenced as habitual violent felony offenders. A defendant sentenced under this section is shall not be eligible for gain-time granted by the Department of Corrections, except that the department may grant up to 25 20 days of incentive gain-time each month as provided for in s. 944.275(4)(b).

(5)  In order to be counted as a prior felony for purposes of sentencing under this section, the felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony.

(6)  The purpose of this section is to provide uniform punishment for those crimes made punishable under this section, and to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

Section 3.  The state attorney in each judicial circuit shall adopt uniform criteria to be used in determining if an offender is eligible to be sentenced as a habitual offender or a habitual violent felony offender. The criteria shall be designed to ensure fair and impartial application of the habitual offender statute. A deviation from this criteria must be explained in writing, signed by the state attorney, and placed in the case file maintained by the state attorney. A deviation from the adopted criteria is not subject to appellate review.

Section 4.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 777.04, Florida Statutes, is amended to read:

777.04  Attempts, solicitation, and conspiracy, generally.—

(1)  A person who Whoever attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such an offense, but fails in the perpetration or is intercepted or prevented in the execution thereof of the same, commits the offense of criminal attempt, ranked for purposes of sentencing and shall, when no express provision is made by law for the punishment of such attempt, be punished as provided in subsection (4). The offense of Criminal attempt includes shall include the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.

(2)  A person who Whoever solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing and shall, when no express provision is made by law for the punishment of such solicitation, be punished as provided in subsection (4).

(3)  A person who Whoever agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing and shall, when no express provision is made by law for the punishment of such conspiracy, be punished as provided in subsection (4).

(4)(a)  Except as otherwise provided in s. 921.0012, the offense of criminal attempt or criminal solicitation is ranked on the offense severity ranking chart in s. 921.0012 two levels below the offense attempted or solicited is, was, or would have been ranked on the offense severity ranking chart.

(b)  Except as otherwise provided in s. 921.0012, the offense of criminal conspiracy is ranked on the offense severity ranking chart in s. 921.0012 one level below the offense conspired to is, was, or would have been ranked on the offense severity ranking chart.

(c)  If the offense attempted, solicited, or conspired to is a capital felony, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d)  If the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(e)  If the offense attempted, solicited, or conspired to is a felony of the second degree or a burglary that is a felony of the third degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(f)  If the offense attempted, solicited, or conspired to is a felony of the third degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(g)  If the offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  Whoever commits the offense of criminal attempt, criminal solicitation, or criminal conspiracy shall be punished as follows:

(a)  If the offense attempted, solicited, or conspired to is a capital felony, the person convicted is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  If the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the person convicted is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  If the offense attempted, solicited, or conspired to is a felony of the second degree or a burglary that is a felony of the third degree, the person convicted is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d)  If the offense attempted, solicited, or conspired to is a felony of the third degree, the person convicted is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(e)  If the offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree, the person convicted is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

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

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

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

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

Section 5.  Effective upon this act becoming a law and applicable to sentencing for offenses committed on or after January 1, 1994, section 921.001, Florida Statutes, 1992 Supplement, is amended to read:

921.001  Sentencing Commission and sentencing guidelines generally.—

(1)  The provision of criminal penalties and of limitations upon the application of such penalties is a matter of predominantly substantive law and, as such, is a matter properly addressed by the Legislature. The Legislature, in the exercise of its authority and responsibility to establish sentencing criteria, to provide for the imposition of criminal penalties, and to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated, has determined that it is in the best interest of the state to develop, implement, and revise a uniform sentencing policy in cooperation with the Supreme Court. In furtherance of this cooperative effort, the Legislature there is created a Sentencing Commission, which shall be responsible for the initial development of a statewide system of sentencing guidelines, evaluating. The commission shall evaluate these guidelines periodically, and recommending recommend such changes on a continuing basis changes as are necessary to ensure incarceration of:

(a)  Violent criminal offenders; and

(b)  Nonviolent criminal offenders who commit repeated acts of criminal behavior and who have demonstrated an inability to comply with less restrictive penalties previously imposed for nonviolent criminal acts.

(2)(a)  The commission is shall be composed of 17 members, consisting of: two members of the Senate to be appointed by the President of the Senate; two members of the House of Representatives to be appointed by the Speaker of the House of Representatives; the Chief Justice of the Supreme Court or a member of the Supreme Court designated by the Chief Justice; three circuit court judges, one county court judge, and one representative of the victim advocacy profession, to be appointed by the Chief Justice of the Supreme Court; the Attorney General or his designee; and the secretary of the Department of Corrections or his designee. The following members are shall be appointed by the Governor: one state attorney recommended by the Florida Prosecuting Attorneys Association; one public defender recommended by the Public Defenders Association; one private attorney recommended by the President of The Florida Bar; and two persons of the Governor's choice. The membership of the commission shall reflect the geographic and ethnic diversity of the state. The Chief Justice or the member of the Supreme Court designated by the Chief Justice serves shall serve as chairman of the commission.

(b)  The members of the commission appointed by the Governor and the members from the Senate and the House of Representatives shall serve 2-year terms. The members appointed by the Chief Justice of the Supreme Court shall serve at his pleasure.

(c)  Membership on the commission does shall not disqualify a member from holding any other public office or from being employed by a public entity. The Legislature finds and declares that the commission serves a state, county, and municipal purpose and that service on the commission is consistent with a member's principal service in a public office or in public employment.

(d)  Members of the commission shall serve without compensation but are shall be entitled to be reimbursed for per diem and travel expenses as provided for in s. 112.061.

(e)  The office of the State Courts Administrator shall act as staff for the commission and shall provide all necessary data collection, analysis, and research, and support services.

(3)(a)  The commission shall meet annually or at the call of the chairman to review sentencing practices and recommend modifications to the guidelines. In recommending modifications to modifying the sentencing guidelines, the commission shall take into consideration the existing current sentencing and release practices and correctional resources, including the capacities of local and state correctional facilities, in addition to other relevant factors.

(b)  For the this purpose of assisting the commission in recommending modifications to the sentencing guidelines, the Department of Corrections commission is authorized to collect and evaluate data on sentencing practices in the state from each of the judicial circuits and provide technical assistance to the commission upon request. The Department of Corrections shall, no later than October 1 of each year, provide the commission with a yearly report detailing the rate of compliance of each judicial circuit in providing scoresheets to the department.

(4)  The purpose of the sentencing guidelines is to establish a uniform set of standards to guide the sentencing judge in the sentence decisionmaking process. The guidelines represent a synthesis of current sentencing theory, historical sentencing practices, and a rational approach to managing correctional resources. The sentencing guidelines are intended to eliminate unwarranted variation in the sentencing process by reducing the subjectivity in interpreting specific offense-related and offender-related criteria and in defining the relative importance of those criteria in the sentencing decision.

(a)  The sentencing guidelines embody the principles that:

1.  Sentencing is neutral with respect to race, gender, and social and economic status.

2.  The primary purpose of sentencing is to punish the offender. Rehabilitation is a desired goal of the criminal justice system but is subordinate to the goal of punishment.

3.  The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense.

4.  The severity of the sentence increases with the length and nature of the offender's prior record.

5.  The sentence imposed by the sentencing judge reflects the length of actual time to be served, shortened only by the application of incentive and meritorious gain-time.

6.  Departures from the recommended sentences established in the guidelines are articulated in writing and made only when circumstances or factors reasonably justify the aggravation or mitigation of the sentence. The level of proof necessary to establish facts that support a departure from the sentencing guidelines is a preponderance of the evidence.

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

(b)(4)(a)  The guidelines enacted effective October 1, 1983, apply shall be applied to all felonies, except capital felonies, committed on or after October 1, 1983;, and to all felonies, except capital felonies and life felonies, committed prior to that date and October 1, 1983, for which sentencing occurs after such date when the defendant affirmatively selects to be sentenced pursuant to such the provisions of this act. The 1994 guidelines apply to sentencing for all felonies, except capital felonies, committed on or after January 1, 1994, and to sentencing for all felonies, except capital felonies, committed before January 1, 1994, for which sentencing occurs after such date when the defendant affirmatively selects to be sentenced pursuant to the 1994 guidelines.

(c)(b)  The commission shall, no later than October 1 of each year, make a recommendation to the members of the Supreme Court, the President of the Senate, and the Speaker of the House of Representatives, and the chairs of the relevant substantive committees of both houses on the need for changes in the guidelines. Upon receipt of such recommendation, the Supreme Court may revise the statewide sentencing guidelines to conform them with all or part of the commission recommendation. Such revision shall be submitted by the Supreme Court to the President of the Senate, and the Speaker of the House of Representatives, and the chairs of the relevant substantive committees of both houses no later than December 1 February 1 of each year following the receipt of the recommendations of the commission. However, such revision is shall become effective only upon the subsequent adoption by the Legislature of legislation implementing the guidelines as then revised. The court may also revise the statewide sentencing guidelines if it certifies that the revisions are necessary to conform the guidelines to previously adopted statutory revisions.

(d)  The commission, with the assistance of the Department of Corrections, shall estimate how sentencing score thresholds and weights assigned to the sentencing factors will affect the rates of incarceration and the levels of prison population and shall submit to the Legislature, by October 1 of each year, recommended sentencing score thresholds, recommended weights assigned to the sentencing factors, and a recommended appropriation for state correctional resources that is sufficient to fund the estimated prison population.

(c)  The Division of Economic and Demographic Research of the Joint Legislative Management Committee shall prepare alternative proposals which revise the statewide sentencing guidelines and submit such proposals to the Senate Committee on Corrections, Probation, and Parole; the Senate Committee on Criminal Justice; the House Committee on Corrections; the House Committee on Criminal Justice; and to the Sentencing Guidelines Commission by November 1, 1991. The commission is hereby ordered to develop revised statewide sentencing guidelines and provide them to the members of the Supreme Court, the President of the Senate, and the Speaker of the House of Representatives by January 1, 1992, which emphasize incarceration for violent offenders and alternatives to incarceration for nonviolent offenders. In developing revised sentencing guidelines, the commission shall consider present and future state prison resources so that available spaces for incarceration are used as specified in paragraphs (1)(a) and (b).

(d)  In developing revised sentencing guidelines to meet the requirements of paragraphs (1)(a) and (b) and (4)(c), the commission shall:

1.  Rank the gravity of offenses to reflect judgments about harm or potential harm to the community, the culpability of the offender, and the physical injury to the victim.

2.  Develop a scoring system to assign weight to such offender characteristics as the nature and extent of prior criminal convictions, the juvenile record, the offender's legal status at the time of the offense, whether extended periods of crime-free behavior will diminish the weight given to earlier convictions, and how multiple convictions arising out of a single criminal episode should be counted.

3.  Define a dispositional policy to determine which offenders should go to state prison and which should be sanctioned in other ways.

4.  Establish a durational policy to set the lengths of sentences.

5.  Develop policy and procedure to govern when a judge may depart from the guidelines to impose a more severe or less severe sanction.

(5)  Sentences imposed by trial court judges under the 1994 revised sentencing guidelines on or after January 1, 1994, must be in all cases within the 1994 guidelines unless there is a departure sentence with written findings any relevant minimum and maximum sentence limitations provided by statute and must conform to all other statutory provisions. If a recommended sentence under the guidelines exceeds the maximum sentence otherwise authorized by s. 775.082, the sentence under the guidelines must be imposed, absent a departure. If a departure sentence, with written findings, is imposed, such sentence must be within any relevant maximum sentence limitations provided in s. 775.082. The failure of a trial court to impose a sentence within the sentencing guidelines is shall be subject to appellate review pursuant to chapter 924. However, the extent of a departure from a guidelines sentence is not subject to appellate review. However, any person sentenced for a felony offense committed after October 1, 1988, whose presumptive sentence is any nonstate prison sanction may be sentenced to community control or to a term of incarceration not to exceed 22 months. Such sentence is not subject to appeal. However, before imposing such sentence, the court shall give due consideration to the criteria in s. 921.005(1). The extent of departure from a guideline sentence shall not be subject to appellate review.

(6)  A court may impose a departure sentence outside the sentencing guidelines A departure sentence shall be based upon circumstances or factors which reasonably justify the aggravation or mitigation of the sentence in accordance with s. 921.0016. The level of proof necessary to establish facts supporting a departure from a sentence under the guidelines is a preponderance of the evidence. When multiple reasons exist to support a departure from a guidelines sentence, the departure shall be upheld when at least one circumstance or factor justifies the departure regardless of the presence of other circumstances or factors found not to justify departure.

(6)  The sentencing guidelines shall provide that Any sentence sentences imposed outside the range recommended by the guidelines must be explained in writing by the trial court judge.

(7)  A court may impose A sentence may be imposed outside the guidelines based on when credible facts, which may include an oral or written statement submitted by the victim or next of kin pursuant to s. 921.143, proven by a preponderance of the evidence, which demonstrate that the victim suffered excessive physical or emotional trauma at the hands of the defendant; and. such departure is not barred because victim injury has been utilized in the calculation of the guidelines sentence.

(8)  For purposes of the statewide sentencing guidelines, if the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such offense includes sexual penetration, the sexual penetration must receive the score indicated for penetration or slight injury, regardless of whether there is evidence of any physical injury. If the conviction is for an offense described in chapter 794, chapter 800, or s. 826.04 and such offense does not include sexual penetration, the sexual contact must receive the score indicated for contact but no penetration, regardless of whether there is evidence of any physical injury. If the victim of an offense described in chapter 794, chapter 800, or s. 826.04 suffers any physical injury as a direct result of the primary offense or any other offense committed by the offender resulting in conviction, such physical injury must be scored separately and in addition to the points scored for the sexual contact or the sexual penetration.

(8)(9)  A trial court may impose A sentence may be imposed outside the guidelines based on when credible facts, proven by a preponderance of the evidence, which demonstrate that the defendant's prior record, including offenses for which adjudication was withheld, and the current criminal offense for which the defendant is being sentenced, indicate an escalating pattern of criminal conduct. The escalating pattern of criminal conduct may be evidenced by a progression from nonviolent to violent crimes, or a progression of increasingly violent crimes, or a pattern of increasingly serious criminal activity.

(9)(a)(10)  The Sentencing Commission and the office of the State Courts Administrator shall conduct ongoing research on the impact of the sentencing guidelines adopted by the commission on sentencing practices, the use of imprisonment and alternatives to imprisonment, and plea bargaining. The commission, with the aid of the office of the State Courts Administrator, the Department of Corrections, and the Parole Commission, shall estimate the impact of any proposed changes to the sentencing guidelines on future rates of incarceration and levels of prison population,. Such estimates shall be based in part on historical data of sentencing practices which have been accumulated by the office of the State Courts Administrator and on Department of Corrections records reflecting average time served for offenses covered by the proposed changes to the guidelines. Projections of impact shall be reviewed by The commission shall review the projections of impact and shall make them and made available to other appropriate agencies of state government, including the Legislature, by October 1 December 15 of each year.

(b)  On or after January 1, 1994, any legislation which:

1.  Creates a felony offense;

2.  Enhances a misdemeanor offense to a felony offense;

3.  Moves a felony offense from a lesser offense severity level to a higher offense severity level in the offense severity ranking chart in s. 921.0012; or

4.  Reclassifies an existing felony offense to a greater felony classification

must provide that such a change result in a net zero sum impact in the overall prison population, as determined by the Criminal Justice Estimating Conference, unless the legislation contains a funding source sufficient in its base or rate to accommodate such change or a provision which specifically abrogates the application of this paragraph.

(10)(a)(11)  A person who is convicted of a crime committed on or after October 1, 1983, but before January 1, 1994, may shall be released from incarceration only:

1.(a)  Upon expiration of his sentence;

2.(b)  Upon expiration of his sentence as reduced by accumulated gain-time;

3.(c)  As directed by an executive order granting clemency;

4.(d)  Upon attaining the provisional release date;

5.(e)  Upon placement in a conditional release program pursuant to s. 947.1405; or

6.(f)  Upon the granting of control release pursuant to s. 947.146.

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

1.  Upon expiration of his sentence;

2.  Upon expiration of his sentence as reduced by accumulated meritorious or incentive gain-time;

3.  As directed by an executive order granting clemency;

4.  Upon placement in a conditional release program pursuant to s. 947.1405; or

5.  Upon the granting of control release pursuant to s. 947.146.

(11)(12)  A person who is convicted of a crime committed on or after December 1, 1990, and who receives a control release date may not refuse to accept the terms or conditions of control release.

Section 6.  Subsection (1) of section 924.06, Florida Statutes, is amended to read:

924.06  Appeal by defendant.—

(1)  A defendant may appeal from:

(a)  A final judgment of conviction when probation has not been granted under chapter 948, except as provided in subsection (3);

(b)  An order granting probation under chapter 948;

(c)  An order revoking probation under chapter 948;

(d)  A sentence, on the ground that it is illegal; or

(e)  A sentence imposed outside the range recommended by the guidelines authorized by chapter 921 s. 921.001.

Section 7.  Section 924.07, Florida Statutes, as amended by chapter 93-37, Laws of Florida, is amended to read:

924.07  Appeal by state.—

(1)  The state may appeal from:

(a)  An order dismissing an indictment or information or any count thereof or dismissing an affidavit charging the commission of a criminal offense, the violation of probation, the violation of community control, or the violation of any supervised correctional release.

(b)  An order granting a new trial.

(c)  An order arresting judgment.

(d)  A ruling on a question of law when the defendant is convicted and appeals from the judgment. Once the state's cross-appeal is instituted, the appellate court shall review and rule upon the question raised by the state regardless of the disposition of the defendant's appeal.

(e)  The sentence, on the ground that it is illegal.

(f)  A judgment discharging a prisoner on habeas corpus.

(g)  An order adjudicating a defendant insane under the Florida Rules of Criminal Procedure.

(h)  All other pretrial orders, except that it may not take more than one appeal under this subsection in any case.

(i)  A sentence imposed outside the range recommended by the guidelines authorized by chapter 921 s. 921.001.

(j)  A ruling granting a motion for judgment of acquittal after a jury verdict.

(k)  An order denying restitution under s. 775.089.

(l)  An order or ruling suppressing evidence or evidence in limine at trial.

(2)  An appeal under this section shall embody all assignments of error in each pretrial order that the state seeks to have reviewed. The state shall pay all costs of such appeal except for the defendant's attorney's fee.

Section 8.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, subsection (3) of section 958.04, Florida Statutes, is amended to read:

958.04  Judicial disposition of youthful offenders.—

(3)  The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to chapter 921 s. 921.001 unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of such guidelines shall be subject to appeal pursuant to s. 924.06 or s. 924.07.

Section 9.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 921.0011, Florida Statutes, is created to read:

921.0011  Definitions.—As used in this chapter, the term:

(1)  “Additional offense” means any offense other than the primary offense for which an offender is convicted and that is pending before the court for sentencing at the time of the primary offense.

(2)  “Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.

(3)  “Legal status violation” includes:

(a)  An escape from incarceration.

(b)  Flight to avoid prosecution.

(c)  Failure to appear for a criminal proceeding.

(d)  Violation of any condition of a supersedeas bond.

(4)  “Primary offense” means the offense at conviction pending before the court for sentencing for which the total sentence points recommend a sanction that is as severe as, or more severe than the sanction recommended for any other offense committed by the offender and pending before the court at sentencing. Only one count of one offense before the court for sentencing shall be classified as the primary offense.

(5)  “Prior record” means a conviction for a crime committed by the offender, as an adult or a juvenile, prior to the time of the primary offense. Convictions by federal, out-of-state, military, or foreign courts, and convictions for violations of county or municipal ordinances that incorporate by reference a penalty under state law, are included in the offender's prior record. Convictions for offenses committed by the offender more than 10 years before the primary offense are not included in the offender's prior record if the offender has not been convicted of any other crime for a period of 10 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense. Juvenile dispositions of offenses committed by the offender within 3 years before the primary offense are included in the offender's prior record when the offense would have been a crime had the offender been an adult rather than a juvenile. Juvenile dispositions of sexual offenses committed by the offender which were committed 3 years or more before the primary offense are included in the offender's prior record if the offender has not maintained a conviction-free record, either as an adult or a juvenile, for a period of 3 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense.

(6)  “Release program” includes:

(a)  Parole.

(b)  Control release.

(c)  Probation.

(d)  Community control.

(e)  Pretrial intervention or diversion.

(f)  Provisional release supervision.

(g)  Conditional release supervision.

(h)  Supervised community release supervision.

(i)  Conditional medical release supervision.

(7)  “Victim injury” means the physical injury or death suffered by a person as a direct result of the primary offense, or any offense other than the primary offense, for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense. If the conviction is for an offense involving sexual contact which includes sexual penetration, the sexual penetration must be scored as a severe injury regardless of whether there is evidence of any physical injury. If the conviction is for an offense involving sexual contact which does not include sexual penetration, the sexual contact must be scored as a moderate injury regardless of whether there is evidence of any physical injury. If the victim of an offense involving sexual contact suffers any physical injury as a direct result of the primary offense or any other offense committed by the offender resulting in conviction, such physical injury must be scored separately and in addition to the points scored for the sexual contact or the sexual penetration.

Section 10.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 921.0012, Florida Statutes, is created to read:

921.0012  Sentencing guidelines offense levels; offense severity ranking chart.—A single offense severity ranking chart must be used to compute a sentence score for each felony offender. The offense severity ranking chart has 10 offense levels, ranked from least severe to most severe, and each felony offense is assigned to a level according to the severity of the offense.

OFFENSE SEVERITY RANKING CHART

Florida Statute	Felony Degree	Description
		LEVEL 1
24.118(3)(a)	3rd	Counterfeit or altered state lottery ticket.
212.054(2)(b)	3rd	Discretionary sales surtax; limitations, administration, and collection.
212.15(2)(b)	3rd	Failure to remit sales taxes, amount greater than $100 but less than $20,000.
319.30(5)	3rd	Sell, exchange, give away certificate of title or identification number plate.
319.35(1)(a)	3rd	Tamper, adjust, change, etc., an odometer.
320.26(1)(a)	3rd	Counterfeit, manufacture, or sell registration license plates or validation stickers.
322.212(1)	3rd	Possession of forged, stolen, counterfeit, or unlawfully issued driver's license.
322.212(4)	3rd	Supply or aid in supplying unauthorized driver's license.
322.212(5)	3rd	False application for driver's license.
370.13(4)(a)	3rd	Molest any stone crab trap, line, or buoy which is property of licenseholder.
370.135(1)	3rd	Molest any blue crab trap, line, or buoy which is property of licenseholder.
372.663(1)	3rd	Poach any alligator or crocodilia.
409.325(2)	3rd	Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
409.325(3)(a)	3rd	Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
443.071(1)	3rd	False statement or representation to obtain or increase unemployment compensation benefits.
458.327(1)(a)	3rd	Unlicensed practice of medicine.
466.026(1)(a)	3rd	Unlicensed practice of dentistry or dental hygiene.
509.151(1)	3rd	Defraud an innkeeper, food or lodging value greater than $300.
517.302(1)	3rd	Violation of the Florida Securities and Investor Protection Act.
562.27(1)	3rd	Possess still or still apparatus.
713.69	3rd	Tenant removes property upon which lien has accrued, value more than $50.
812.014(2)(d)	3rd	Petit theft (3rd conviction); theft of any property not specified in other paragraphs of subsection (2).
812.081(2)	3rd	Unlawfully makes or causes to be made a reproduction of a trade secret.
815.04(4)(a)	3rd	Offense against intellectual property (i.e. computer programs, data).
817.52(2)	3rd	Hiring with intent to defraud, motor vehicle services.
826.01	3rd	Bigamy.
828.122(3)	3rd	Fighting or baiting animals.
831.04(1)	3rd	Any erasure, alteration etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
831.31(1)(a)	3rd	Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
832.041(1)	3rd	Stopping payment with intent to defraud $150 or more.
832.05(2)(b)	3rd	Knowing, making, issuing worthless & (4)(c) checks $150 or more or obtaining property in return for worthless check $150 or more.
838.015(3)	3rd	Bribery.
838.016(1)	3rd	Public servant receiving unlawful compensation.
838.15(2)	3rd	Commercial bribe receiving.
838.16	3rd	Commercial bribery.
843.18	3rd	Fleeing by boat to elude a law enforcement officer.
847.011(1)(a)	3rd	Sell, distribute, etc., obscene, lewd etc., material (2nd conviction).
849.01	3rd	Keeping gambling house.
849.09(1)(a)-(d)	3rd	Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
849.23	3rd	Gambling-related machines; “common offender” as to property rights.
849.25(2)	3rd	Engaging in bookmaking.
860.08	3rd	Interfere with a railroad signal.
860.13(1)(a)	3rd	Operate aircraft while under the influence.
893.13(2)(a)2.	3rd	Purchase of cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs).
893.13(6)(a)	3rd	Possession of cannabis (more than 20 grams).
893.13(7)(a)10.	3rd	Affix false or forged label to package of controlled substance.
934.03(1)(a)	3rd	Intercepts, or procures any other person to intercept, any wire or oral communication.
		LEVEL 2
403.413(5)(c)	3rd	Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
517.07	3rd	Registration of securities and furnishing of prospectus required.
590.28(1)	3rd	Willful, malicious, or intentional burning.
784.05(3)	3rd	Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
787.04(1)	3rd	In violation of court order, take, entice, etc., minor beyond state limits.
806.13(1)(a)3.	3rd	Criminal mischief; damage $1,000 or more to public communication or any other public service.
812.014(2)(c)1.	3rd	Grand theft, 3rd degree; $300 or more but less than $5,000.
817.234(1)(a)2.	3rd	False statement in support of insurance claim.
817.481(3)(a)	3rd	Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
817.52(3)	3rd	Failure to redeliver hired vehicle.
817.54	3rd	With intent to defraud, obtain mortgage note, etc., by false representation.
817.60(5)	3rd	Dealing in credit cards of another.
817.60(6)(a)	3rd	Forgery; purchase goods, services with false card.
817.60(6)(b)	3rd	Possess two or more false credit cards.
817.61	3rd	Fraudulent use of credit cards over $100 or more within 6 months.
826.04	3rd	Knowingly marries or has sexual intercourse with person to whom related.
831.01	3rd	Forgery.
831.02	3rd	Uttering forged instrument; utters or publishes alteration with intent to defraud.
831.07	3rd	Forging bank bills or promissory note.
831.08	3rd	Possession of 10 or more forged notes.
831.09	3rd	Uttering forged bills; passes as bank bill or promissory note.
832.05(3)(a)	3rd	Cashing or depositing item with intent to defraud.
843.08	3rd	Falsely impersonating an officer.
893.147(2)	3rd	Manufacture or delivery of drug paraphernalia.
		LEVEL 3
39.061	3rd	Escapes from juvenile facility (secure detention or residential commitment facility).
319.30(4)	3rd	Possession by junkyard of motor vehicle with identification number plate removed.
319.33(1)(a)	3rd	Alter or forge any certificate of title to a motor vehicle or mobile home.
319.33(1)(c)	3rd	Procure or pass title on stolen vehicle.
319.33(4)	3rd	With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
328.05(2)	3rd	Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
328.07(4)	3rd	Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
501.001(2)(b)	2nd	Tampers with a consumer product or the container using materially false/misleading information.
790.15(3)	3rd	Person directs another to discharge firearm from a vehicle.
796.05(1)	3rd	Live on earnings of a prostitute.
806.10(1)	3rd	Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
806.10(2)	3rd	Interferes with or assaults firefighter in performance of duty.
810.08(2)(c)	3rd	Trespass on property armed with firearm or dangerous weapon.
810.09(2)(c)	3rd	Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
812.014(2)(c)1.	3rd	Grand theft; $5,000 or more but less than $10,000.
815.04(4)(b)	2nd	Computer offense devised to defraud or obtain property.
817.034(4)(a)3.	3rd	Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
817.233	3rd	Burning to defraud insurer.
828.12(2)	3rd	Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
831.29	2nd	Possession of instruments for counterfeiting drivers' licenses.
838.021(3)(b)	3rd	Threatens unlawful harm to public servant.
843.19	3rd	Injure, disable, or kill police dog or horse.
870.01(2)	3rd	Riot; inciting or encouraging.
893.13(1)(a)2.	3rd	Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs).
893.13(1)(d)2.	2nd	Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c), (3), or (4) drugs within 200 feet of university, public housing facility, or public park.
893.13(6)(a)	3rd	Possession of cocaine.
893.13(7)(a)9.	3rd	Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
893.13(7)(a)11.	3rd	Furnish false or fraudulent material information on any document or record required by chapter 893.
918.13(1)(a)	3rd	Alter, destroy, or conceal investigation evidence.
944.47(1)(a)1.-2.	3rd	Introduce contraband to correctional facility.
944.47(1)(c)	2nd	Possess contraband while upon the grounds of a correctional institution.
		LEVEL 4
231.06(2)	3rd	Battery of school employee.
240.381(2)	3rd	Battery of community college security officer.
381.0025(4)(b)	3rd	Battery of HRS employee.
784.07(2)(b)	3rd	Battery of law enforcement officer, firefighter, intake officer, etc.
787.03(1)	3rd	Interference with custody; wrongly takes child from appointed guardian.
787.04(2)	3rd	Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
787.04(3)	3rd	Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
790.01(2)	3rd	Carrying a concealed firearm.
810.02(3)	3rd	Burglary of an unoccupied conveyance or structure; unarmed; attempted burglary.
810.06	3rd	Burglary; possession of tools.
812.014(2)(c)1.	3rd	Grand theft, 3rd degree $10,000 or more but less than $20,000.
812.014(2)(c)	3rd	Grand theft, 3rd degree, a will, 2.-8. firearm, motor vehicle, livestock, etc.
817.563(1)	3rd	Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
828.125(1)	2nd	Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
837.02(1)	3rd	Perjury in official proceedings.
837.021(1)	3rd	Make contradictory statements in official proceedings.
843.025	3rd	Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
843.15(1)(a)	3rd	Failure to appear while on bail for felony (bond estreature or bond jumping).
893.13(2)(a)1.	2nd	Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), or (2)(a) or (b) drugs).
914.14(1)(b)	3rd	Witnesses accepting bribes to withhold testimony, information, document, or thing.
914.22(1)(a)	3rd	Force, threaten, etc., witness to withhold testimony, documents, or objects.
914.22(1)(f)	3rd	Force, threaten, bribe, etc., witness to testify falsely.
914.23(2)	3rd	Retaliation against a witness, victim, or informant, no bodily injury.
		LEVEL 5
316.027(2)	3rd	Accidents involving death or personal injuries, failure to stop; leaving scene.
322.34(3)	3rd	Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
381.0041(11)(b)	3rd	Donate blood, plasma, or organs knowing HIV positive.
415.111(5)	3rd	Exploit an aged person or disabled adult by the improper or illegal use of funds, assets, property, power of attorney, or guardianship.
790.162	2nd	Threat to throw or discharge destructive device.
790.163	2nd	False report of deadly explosive.
790.164(1)	2nd	False report of deadly explosive or act of arson or violence to state property.
790.165(2)	3rd	Manufacture, sell, possess, or deliver hoax bomb.
790.221(1)	2nd	Possession of short-barreled shotgun or machine gun.
790.23	2nd	Felons in possession of firearms or electronic weapons or devices.
806.111(1)	3rd	Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
812.019(1)	2nd	Stolen property; dealing in or trafficking in.
817.034(4)(a)2.	2nd	Communications fraud, value $20,000 to $50,000.
827.071(4)	2nd	Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
843.01	3rd	Resist officer with violence to his person; resist arrest with violence.
893.13(1)(a)1.	2nd	Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs).
893.13(1)(c)2.	2nd	Sell, manufacture, or deliver cannabis (or other s. 893.03 (1)(c), (2)(c), (3), or (4) drugs) within 1,000 feet of a school.
893.13(1)(d)1.	1st	Sell, manufacture, or deliver cocaine (or other s. 893.03 (1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs) within 200 feet of university, public housing facility, or public park.
893.13(4)(b)	2nd	Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c), (3), or (4) drugs).
951.075	2nd	Prisoner commits assault or battery.
		LEVEL 6
316.193(2)(b)	3rd	Felony DUI, 4th or subsequent conviction.
775.087(2)(a)2.		Battery upon law enforcement officer or firefighter while possessing firearm.
775.0875(1)	3rd	Taking firearm from law enforcement officer.
784.021(1)(a)	3rd	Aggravated assault; deadly weapon without intent to kill.
784.021(1)(b)	3rd	Aggravated assault; intent to commit felony.
784.07(2)(c)	2nd	Aggravated assault on law enforcement officer.
787.02(1)(a)	3rd	False imprisonment; restraining with purpose other than those in s. 787.01.
790.161(2)	2nd	Make, possess, or throw destructive device with intent to do bodily harm or damage property.
790.19	2nd	Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.041(2)(a)	3rd	Solicitation of minor to participate in sexual activity by custodial adult.
794.05(1)	2nd	Unlawful carnal intercourse with unmarried person under 18 of previous chaste character.
810.02(3)	2nd	Burglary of occupied structure; not armed, no assault.
812.014(2)(b)	2nd	Property stolen over $20,000 and less than $100,000, grand theft in 2nd degree.
812.13(2)(c)	2nd	Robbery, no firearm or other weapon (strong-arm robbery).
817.034(4)(a)1.	1st	Communications fraud, value greater than $50,000.
827.071(2) &(3)	2nd	Use or induce a child in a sexual performance, or promote or direct such performance.
836.05	2nd	Threats; extortion.
836.10	2nd	Written threats to kill or do bodily injury.
843.12	3rd	Aids or assists person to escape.
914.23	2nd	Retaliation against a witness, victim, or informant, with bodily injury.
944.40	2nd	Escapes.
944.46	3rd	Harboring, concealing, aiding escaped prisoners.
944.47(1)(a)5.	2nd	Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1)	3rd	Intoxicating drug, firearm, or weapon introduced into county facility.
		LEVEL 7
316.193(3)(c)2.	3rd	DUI resulting in serious bodily injury.
415.111(3)	2nd	Knowingly abuse or neglect aged or disabled adult resulting in bodily harm or disability.
782.07	2nd	Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
782.071	3rd	Killing of human being by the operation of a motor vehicle in a reckless manner (vehicular homicide).
784.045(1)(a)1.	2nd	Aggravated battery; intentionally causing great bodily harm or disfigurement.
784.045(1)(a)2.	2nd	Aggravated battery; using deadly weapon.
784.045(1)(b)	2nd	Aggravated battery; perpetrator aware victim pregnant.
784.07(2)(d)	1st	Aggravated battery on law enforcement officer.
796.03	2nd	Procuring any person under 16 years for prostitution.
800.04	2nd	Handle, fondle, or assault child under 16 years in lewd, lascivious, or indecent manner.
806.01(2)	2nd	Maliciously damage structure by fire or explosive.
810.02(3)	2nd	Burglary of occupied conveyance or burglary of a dwelling.
812.014(2)(a)	1st	Property stolen, valued at $100,000 or more; 1st degree grand theft.
812.019(2)	1st	Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
827.04(1)	3rd	Deprive child of necessities causing great bodily harm or disfigurement.
893.13(1)(c)1.	1st	Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs) within 1,000 feet of a school.
893.13(4)(a)	1st	Deliver to minor cocaine (or other s. 893.03 (1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) drugs).
893.135(1)(a)1.	1st	Trafficking in cannabis, more than 100 lbs., less than 2,000 lbs.
893.135(1)(b)1.a.	1st	Trafficking in cocaine, more than 28 grams, less than 200 grams.
893.135(1)(c)1.a.	1st	Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
893.135(1)(d)1.	1st	Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
893.135(1)(e)1.	1st	Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
893.135(1)(f)1.	1st	Trafficking in amphetamine, more than 14 grams, less than 28 grams.
		LEVEL 8
316.193(3)(c)3.	2nd	DUI manslaughter.
782.04(4)	2nd	Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
794.011(5)	2nd	Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
806.01(1)	1st	Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
810.02(2)(a)	1st,PBL	Burglary with assault or battery.
810.02(2)(b)	1st,PBL	Burglary; armed with explosives or dangerous weapon.
812.13(2)(b)	1st	Robbery with a weapon.
827.03(1)(a)	2nd	Commits aggravated battery on a child.
893.13(1)(b)	1st	Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(2)(b)	1st	Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(6)(c)	1st	Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.135(1)(a)2.	1st	Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
893.135(1)(b)1.b.	1st	Trafficking in cocaine, more than 200 grams, less than 400 grams.
893.135(1)(c)1.b.	1st	Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
893.135(1)(d)2.	1st	Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
893.135(1)(e)2.	1st	Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
893.135(1)(f)2.	1st	Trafficking in amphetamine, more than 28 grams, less than 200 grams.
895.03(1)	1st	Use or invest proceeds derived from pattern of racketeering activity.
895.03(2)	1st	Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
895.03(3)	1st	Conduct or participate in any enterprise through pattern of racketeering activity.
		LEVEL 9
782.04(1)	1st	Attempted premeditated murder.
782.04(3)	1st,PBL	Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. 784.07(3) Life Attempted murder of law enforcement officer engaged in duty.
787.01(1)(a)1.	1st,PBL	Kidnapping; hold for ransom or reward or as a shield or hostage.
787.01(1)(a)2.	1st,PBL	Kidnapping with intent to commit or facilitate commission of any felony.
787.02(3)(a)	1st	False imprisonment; child under age 13; perpetrator also commits child abuse, sexual battery, lewd, or lascivious act, etc.
790.161	1st	Attempted capital firearms offense.
794.011(2)	1st	Attempted sexual battery; victim less than 12 years of age. 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
794.011(4)	1st	Sexual battery; victim 12 years or older, certain circumstances.
794.041(2)(b)	1st	Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
812.13(2)(a)	1st,PBL	Robbery with firearm or other deadly weapon.
893.135	1st	Attempted capital trafficking offense.
893.135(1)(a)3.	1st	Trafficking in cannabis, more than 10,000 lbs.
893.135(1)(b)1.c.	1st	Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
893.135(1)(c)1.c.	1st	Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
893.135(1)(d)3.	1st	Trafficking in phencyclidine, more than 400 grams.
893.135(1)(e)3.	1st	Trafficking in methaqualone, more than 25 kilograms.
893.135(1)(f)3.	1st	Trafficking in amphetamine, more than 200 grams.
		LEVEL 10
782.04(2)	1st,PBL	Unlawful killing of human; act is homicide, unpremeditated.
787.01(1)(a)3.	1st,PBL	Kidnapping; inflict bodily harm upon or terrorize victim.
787.01(3)(a)	Life	Kidnapping; child under age 13, perpetrator also commits child abuse, sexual battery, lewd, or lascivious act, etc.
794.011(3)	Life	Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.

Section 11.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 921.0013, Florida Statutes, is created to read:

921.0013  Sentencing guidelines; ranking unlisted felony offenses.—A felony offense not listed in s. 921.0012 is ranked with respect to offense severity level by the Legislature, commensurate with the harm or potential harm that is caused by the offense to the community. Prior to the time the Legislature ranks an offense which has not been ranked, the severity level is within the following parameters:

(1)  A felony of the third degree within offense level 1.

(2)  A felony of the second degree within offense level 4.

(3)  A felony of the first degree within offense level 7.

(4)  A felony of the first degree punishable by life within offense level 9.

(5)  A life felony within offense level 10.

Section 12.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 921.0014, Florida Statutes, is created to read:

921.0014  Sentencing guidelines; worksheet computations; scoresheets.—

(1)  The sentencing guidelines worksheet is used to compute the subtotal and total sentence points. If both of the sentencing enhancements are applicable, only the enhancement with the highest multiplier is used in the total sentence points computation. The worksheet is used as follows:

FLORIDA SENTENCING GUIDELINES WORKSHEET

OFFENSE SCORE

Prior Record Score + Legal Status Violation + Release Program Violation = TOTAL PRIOR RECORD SCORE

	TOTAL OFFENSE SCORE
	TOTAL PRIOR RECORD SCORE
	FIREARM OR DESTRUCTIVE DEVICE
	SEMIAUTOMATIC WEAPON
		SUBTOTAL

	VIOLENT HABITUAL OFFENDER (no)(yes)
	HABITUAL OFFENDER (no)(yes)
	DRUG TRAFFICKER (no)(yes) (x multiplier)
	LAW ENF. PROTECT. (no)(yes) (x multiplier)
		TOTAL

WORKSHEET KEY:

Recommended Sentences:

If the total sentence points are less than or equal to 40, the recommended sentence shall not be a state prison sentence; however, the court, in its discretion, may increase the total sentence points by up to, and including, 15 percent.

If the total sentence points are greater than 40 and less than or equal to 52, the decision to incarcerate in a state prison is left to the discretion of the court.

If the total sentence points are greater than 52, the sentence must be a state prison sentence calculated by total sentence points. A state prison sentence is calculated as follows:

State prison months = total sentence points minus 28.

The recommended sentence length in state prison months may be increased by up to, and including, 25 percent or decreased by up to, and including, 25 percent, at the discretion of the court. The recommended sentence length may not be increased if the total sentence points have been increased for that offense by up to, and including, 15 percent. If a recommended sentence under the guidelines exceeds the maximum sentence otherwise authorized by s. 775.082, the sentence recommended under the guidelines must be imposed absent a departure.

Legal status violation includes escape from incarceration, flight to avoid prosecution, failure to appear for a criminal proceeding, and violation of any condition of a supersedeas bond.

Release program violation includes violation of any condition of parole, control release, probation, community control, pretrial intervention or diversion, provisional release supervision, conditional release supervision, supervised community release supervision, or conditional medical release supervision.

Possession of a firearm or destructive device: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his possession a firearm as defined in s. 790.001(6), an additional 18 sentence points are added to the offender's subtotal sentence points.

Possession of a semiautomatic weapon: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his possession a semiautomatic firearm as defined in s. 775.087(2) or a machine gun as defined in s. 790.001(9), an additional 25 sentence points are added to the offender's subtotal sentence points.

If both of the following sentencing enhancements are applicable, only the enhancement with the highest multiplier is used:

Drug trafficking: If the primary offense is drug trafficking under s. 893.135, then the subtotal sentence points are multiplied, at the discretion of the court, for a level 7 or level 8 offense, by 1.5. The state attorney may move the sentencing court to reduce or suspend the sentence of a person convicted of a level 7 or level 8 offense, if the offender provides substantial assistance as described in s. 893.135(4).

Law enforcement protection: If the primary offense is a violation of the Law Enforcement Protection Act under s. 775.0823(2), (3), (4), or (5), then the subtotal sentence points are multiplied by 2.0. If the primary offense is a violation of s. 775.087(2)(a)2. or s. 775.0875(1), or of the Law Enforcement Protection Act under s. 775.0823(6) or (7), then the subtotal sentence points are multiplied by 1.5.

(2)  A single guidelines scoresheet shall be prepared for each defendant. The scoresheet must cover all the defendant's offenses pending before the court for sentencing. Either the office of the state attorney or the Probation Services Office, or both where appropriate, shall prepare the scoresheet and the scoresheet must be presented to the defense counsel for review for accuracy in all cases unless the judge directs otherwise. The defendant's scoresheet must be approved by sentencing judge.

(3)  The Department of Corrections shall develop and submit the revised sentencing guidelines scoresheet to the Sentencing Commission by September 1, 1993. Following the Supreme Court's approval of the revised procedures, the Department of Corrections shall produce and provide sufficient copies of the revised scoresheets to the clerks of the circuit courts by no later than December 31, 1993.

(4)  Beginning January 1, 1994, the clerks of the circuit courts for the individual counties shall distribute sufficient copies of the sentencing guidelines scoresheets to those persons charged with the responsibility for preparing sentencing guidelines scoresheets, either the office of the state attorney or the Probation Services Office, or both where appropriate.

(5)  The clerk of the circuit court shall transmit a complete, accurate, and legible copy of the guidelines scoresheet utilized in each guidelines sentencing proceeding to the Department of Corrections. Scoresheets must be transmitted no less frequently than monthly, by the first of each month, and may be sent collectively.

(6)  A copy of the individual offender's sentencing guidelines scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Florida Rules of Criminal Procedure, must be attached to the copy of the uniform judgment and sentence form provided to the Department of Corrections.

Section 13.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 921.0016, Florida Statutes, is created to read:

921.0016  Recommended sentences; departure sentences; aggravating and mitigating circumstances.—

(1)(a)  The recommended guidelines sentence provided by the total sentence points is assumed to be appropriate for the offender.

(b)  A trial court judge may impose a state prison sentence which varies upward or downward by up to, and including, 25 percent from the recommended guidelines state prison sentence without issuing a written statement delineating the reasons for the variation.

(c)  A state prison sentence which varies upward or downward from the recommended guidelines prison sentence by more than 25 percent is a departure sentence and must be accompanied by a written statement delineating the reasons for the departure, filed within 15 days after the date of sentencing. A written transcription of orally stated reasons for departure from the guidelines at sentencing is permissible if it is filed by the court within 15 days after the date of sentencing.

(d)  The imposition of a split sentence of incarceration followed by community control or probation does not by itself constitute a departure from sentencing guidelines. For the purpose of determining the maximum sentence authorized by law, any community control portion of a split sentence does not constitute a term of imprisonment.

(e)  A departure sentence must be within any relevant maximum sentence limitations provided by s. 775.082.

(2)  A departure from the recommended guidelines sentence is discouraged unless there are circumstances or factors which reasonably justify the departure. Aggravating and mitigating factors to be considered include, but are not limited to, those listed in subsections (3) and (4). The failure of a trial court to impose a sentence within the sentencing guidelines is subject to appellate review under chapter 924, but the extent of departure from a guidelines sentence is not subject to appellate review.

(3)  Aggravating circumstances under which a departure from the sentencing guidelines is reasonably justified include, but are not limited to:

(a)  The departure results from a legitimate, uncoerced plea bargain.

(b)  The offense was one of violence and was committed in a manner that was especially heinous, atrocious, or cruel.

(c)  The offenses before the court for sentencing arose out of separate episodes; the primary offense is scored at offense level 4 or higher; and the defendant has committed five or more offenses within a 180-day period that have resulted in convictions.

(d)  The primary offense is scored at offense level 3 and the defendant has committed eight or more offenses within a 180-day period that have resulted in convictions.

(e)  The offense before the court for disposition was committed within 6 months after the defendant was discharged from a release program, as defined in s. 921.0011(6), or released from state prison, whichever is later.

(f)  The defendant occupied a leadership role in a criminal organization.

(g)  The offense was committed by a public official under color of office.

(h)  The defendant knew the victim was a law enforcement officer at the time of the offense; the offense was a violent offense; and that status is not an element of the primary offense.

(i)  The offense created a substantial risk of death or great bodily harm to many persons or to one or more small children.

(j)  The victim was especially vulnerable due to age or physical or mental disability.

(k)  The offense was motivated by prejudice based on race, color, ancestry, ethnicity, religion, sexual orientation, or national origin of the victim.

(l)  The victim suffered extraordinary physical or emotional trauma or permanent physical injury, or was treated with particular cruelty.

(m)  The victim was physically attacked by the defendant in the presence of one or more members of the victim's family.

(n)  The offense resulted in substantial economic hardship to a victim and consisted of an illegal act or acts committed by means of concealment, guile, or fraud to obtain money or property, to avoid payment or loss of money or property, or to obtain business or professional advantage, when two or more of the following circumstances were present:

1.  The offense involved multiple victims or multiple incidents per victim;

2.  The offense involved a high degree of sophistication or planning or occurred over a lengthy period of time;

3.  The defendant used position or status to facilitate the commission of the offense, including positions of trust, confidence, or fiduciary relationship; or

4.  The defendant was in the past involved in other conduct similar to that involved in the current offense.

(o)  The offense was committed in order to prevent or avoid arrest, to impede or prevent prosecution for the conduct underlying the offense, or to effect an escape from custody.

(p)  The defendant is not amenable to rehabilitation or supervision, as evidenced by an escalating pattern of criminal conduct as described in s. 921.001(8).

(q)  The defendant induced a minor to participate in any of the offenses pending before the court for disposition.

(r)  The primary offense is scored at offense level 7 or higher and the defendant has been convicted of one more offense that scored, or would have scored, at an offense level 8 or higher.

(s)  The defendant has an extensive unscoreable juvenile record.

(4)  Mitigating circumstances under which a departure from the sentencing guidelines is reasonably justified include, but are not limited to:

(a)  The departure results from a legitimate, uncoerced plea bargain.

(b)  The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.

(c)  The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.

(d)  The defendant requires specialized treatment for addiction, mental disorder, or physical disability, and the defendant is amenable to treatment.

(e)  The need for payment of restitution to the victim outweighs the need for a prison sentence.

(f)  The victim was an initiator, willing participant, aggressor, or provoker of the incident.

(g)  The defendant acted under extreme duress or under the domination of another person.

(h)  Before the identity of the defendant was determined, the victim was substantially compensated.

(i)  The defendant cooperated with the state to resolve the current offense or any other offense.

(j)  The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.

(k)  At the time of the offense the defendant was too young to appreciate the consequences of the offense.

(l)  The defendant is to be sentenced as a youthful offender.

Section 14.  Section 921.0017, Florida Statutes, is created to read:

921.0017  Credit upon recommitment of offender serving split sentence.—Effective for offenses committed on or after January 1, 1994, if an offender's probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.01, upon recommitment to the Department of Corrections, the court shall order credit for time served only, without considering any type of gain-time earned before release to supervision, or any type of sentence reduction granted to avoid prison overcrowding, including, but not limited to, any sentence reduction resulting from administrative gain-time, provisional credits, or control release. The court shall determine the amount of jail-time credit to be awarded for time served between the date of arrest as a violator and the date of recommitment, and shall direct the Department of Corrections to compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted. This section does not affect or limit the department's authority to forfeit gain time under ss. 944.28(1) and 948.06(6).

Section 15.  Notwithstanding ss. 921.0015 and 921.001(4)(c), Florida Statutes, the Department of Corrections shall develop and submit the sentencing guidelines scoresheet to the Sentencing Commission no later than September 1, 1993. Pursuant to the revision of chapter 921, Florida Statutes, by this act, the Sentencing Commission shall prepare, adopt, and, no later than October 1, 1993, submit to the Supreme Court for its approval procedures for implementing the 1994 revised sentencing guidelines in strict accordance with chapter 921, Florida Statutes, as revised by this act, applicable to sentencing for offenses committed on or after January 1, 1994. The Supreme Court shall have the new procedures in place no later than December 1, 1993.

Section 16.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 775.0823, Florida Statutes, is amended to read:

775.0823  Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.—Any provision of law to the contrary notwithstanding, the Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court described in Article V of the State Constitution, which offense arises out of or in the scope of the officer's duty as a law enforcement or correctional officer, the state attorney's or assistant state attorney's duty as a prosecutor or investigator, or the justice's or judge's duty as a judicial officer by imposing a mandatory minimum sentence without possibility of early release through any gain-time, provisional release credits, conditional release supervision, supervised community release, transition assistance program, or parole during the mandatory minimum portion of the sentence, as follows:

(1)  For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release shall be imposed.

(2)  For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to the sentencing guidelines of imprisonment for 25 years before eligibility for release shall be imposed.

(3)  For murder in the third degree as described in s. 782.04(4), a sentence pursuant to the sentencing guidelines of imprisonment for 15 years before eligibility for release shall be imposed.

(4)  For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to the sentencing guidelines of imprisonment for 10 years before eligibility for release shall be imposed.

(5)  For kidnapping as described in s. 787.01, a sentence pursuant to the sentencing guidelines of imprisonment for 15 years before eligibility for release shall be imposed.

(6)  For aggravated battery as described in s. 784.045, a sentence pursuant to the sentencing guidelines of imprisonment for 3 years before eligibility for release shall be imposed.

(7)  For aggravated assault as described in s. 784.021, a sentence pursuant to the sentencing guidelines of imprisonment for 1 year before eligibility for release shall be imposed.

Any person convicted of an offense under this section is ineligible to receive provisional release credits during any portion of his sentence. Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

Section 17.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 775.0875, Florida Statutes, is amended to read:

775.0875  Unlawful taking, possession, or use of law enforcement officer's firearm; crime reclassification; penalties.—

(1)  A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall serve a sentence of imprisonment for a mandatory minimum period of 3 calendar years before eligibility for release.

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

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

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

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

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

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

(3)  A person who possesses a firearm which he knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Section 18.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 784.08, Florida Statutes, 1992 Supplement, is amended to read:

784.08  Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.—

(1)  A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of 3 calendar years and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

(2)  Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:

(a)  In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b)  In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(c)  In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(d)  In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(3)  Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

Section 19.  Effective January 1, 1994, and applicable to offenses committed on or after that date, section 790.161, Florida Statutes, is amended to read:

790.161  Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.—A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:

(1)  Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.

(2)  If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084, and the person shall be required to serve a term of imprisonment of not less than 5 calendar years before becoming eligible for parole.

(3)  If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084, and the person shall be required to serve a term of imprisonment of not less than 10 calendar years before becoming eligible for parole.

(4)  If the act results in the death of another person, commits a capital felony, punishable by death. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment, and such person shall be required to serve a term of imprisonment of not less than 25 calendar years before becoming eligible for parole.

Section 20.  Effective January 1, 1994, and applicable to offenses committed on or after that date, section 790.165, Florida Statutes, is amended to read:

790.165  Planting of “hoax bomb” prohibited; penalties.—

(1)  For the purposes of this section, “hoax bomb” means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive as defined in this chapter, but is, in fact, an inoperative facsimile or imitation of such a destructive device or explosive, or contains no destructive device or explosive as was represented.

(2)  Any person who manufactures, possesses, sells, or delivers a hoax bomb or mails or sends a hoax bomb to another person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person violating the provisions of this subsection shall be sentenced to a minimum term of imprisonment of 3 calendar years. Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld. However, the state attorney or defense attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals.

(4)  The provisions of subsection (2) shall not apply to any law enforcement officer, fireman, person, or corporation licensed pursuant to chapter 493, or member of the armed forces of the United States while engaged in training or other lawful activity within the scope of his employment, or to any person properly authorized to test a security system, or to any security personnel, while operating within the scope of their employment, including, but not limited to, security personnel in airports and other controlled access areas, or to any member of a theatrical company or production utilizing a hoax bomb as property during the course of a rehearsal or performance.

Section 21.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 790.221, Florida Statutes, is amended to read:

790.221  Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—

(1)  It is unlawful for any person to own or to have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.

(2)  A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction thereof he shall be sentenced to a mandatory minimum term of imprisonment of 5 years.

(3)  Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.

Section 22.  Effective upon this act becoming a law, through December 31, 1993, paragraphs (e) and (i) of subsection (1) of section 893.13, Florida Statutes, are amended to read:

893.13  Prohibited acts; penalties.—

(1)

(e)  Except as authorized by this chapter, it is unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school. Any person who violates this paragraph with respect to:

1.  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 and must shall be sentenced to a minimum term of imprisonment of 3 calendar years and is shall not be eligible for parole or release under the Control Release Authority pursuant to s. 947.146 or statutory gain-time under s. 944.275 before prior to serving such minimum sentence.

2.  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3.  Any other controlled substance, except as lawfully sold, purchased, manufactured, delivered, or possessed, must shall be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

(i)  Except as authorized by this chapter, it is unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 200 feet of the real property comprising a public housing facility, within 200 feet of the real property comprising a public or private college, university, or other postsecondary educational institution, or within 200 feet of any public park. Any person who violates this paragraph with respect to:

1.  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 and is shall not be eligible for parole or release under the Control Release Authority pursuant to s. 947.146 or statutory gain-time under s. 944.275.

2.  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3.  Any other controlled substance, except as lawfully sold, purchased, manufactured, delivered, or possessed, must shall be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

Section 23.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 893.13, Florida Statutes, as amended by chapters 93-59 and 93-194, Laws of Florida, is amended to read:

(Substantial rewording of section. See
s. 893.13, F.S., for present text.)

893.13  Prohibited acts; penalties.—

(1)(a)  Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1.  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2.  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3.  A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)  Except as provided in this chapter, it is unlawful to sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 a.m. Any person who violates this paragraph with respect to:

1.  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 and must be sentenced to a minimum term of imprisonment of 3 calendar years.

2.  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3.  Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

(d)  Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 200 feet of the real property comprising a public housing facility, within 200 feet of the real property comprising a public or private college, university, or other postsecondary educational institution, or within 200 feet of any public park. Any person who violates this paragraph with respect to:

1.  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2.  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3.  Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

(2)(a)  Except as authorized by this chapter and chapter 499, it is unlawful for any person to purchase, or possess with intent to purchase, a controlled substance. Any person who violates this provision with respect to:

1.  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2.  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3.  A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)  Except as provided in this chapter, it is unlawful to purchase in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  Any person who delivers, without consideration, not more than 20 grams of cannabis, as defined in this chapter, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this paragraph, “cannabis” does not include the resin extracted from the plants of the genus Cannabis or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

(4)  Except as authorized by this chapter, it is unlawful for any person 18 years of age or older to deliver any controlled substance to a person under the age of 18 years, or to use or hire a person under the age of 18 years as an agent or employee in the sale or delivery of such a substance, or to use such person to assist in avoiding detection or apprehension for a violation of this chapter. Any person who violates this provision with respect to:

(a)  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Imposition of sentence may not be suspended or deferred, nor shall the person so convicted be placed on probation.

(5)  It is unlawful for any person to bring into this state any controlled substance unless the possession of such controlled substance is authorized by this chapter or unless such person is licensed to do so by the appropriate federal agency. Any person who violates this provision with respect to:

(a)  A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  A controlled substance named or described in s. 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(6)(a)  It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

(c)  Except as provided in this chapter, it is unlawful to possess in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d)  Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis.

(7)(a)  It is unlawful for any person:

1.  To distribute or dispense a controlled substance in violation of this chapter.

2.  To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter.

3.  To refuse an entry into any premises for any inspection or to refuse to allow any inspection authorized by this chapter.

4.  To distribute a controlled substance named or described in s. 893.03(1) or (2) except pursuant to an order form as required by s. 893.06.

5.  To keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.

6.  To use to his or her own personal advantage, or to reveal, any information obtained in enforcement of this chapter except in a prosecution or administrative hearing for a violation of this chapter.

7.  To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the last 30 days.

8.  To possess a prescription form which has not been completed and signed by the practitioner whose name appears printed thereon, unless the person is that practitioner, is an agent or employee of that practitioner, is a pharmacist, or is a supplier of prescription forms who is authorized by that practitioner to possess those forms.

9.  To acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.

10.  To affix any false or forged label to a package or receptacle containing a controlled substance.

11.  To furnish false or fraudulent material information in, or omit any material information from, any report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter.

(b)  Any person who violates the provisions of subparagraphs 1.-8. of paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; except that, upon a second or subsequent violation, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  Any person who violates the provisions of subparagraphs 9.-11. of paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8)  Notwithstanding any provision to the contrary of the laws of this state:

(a)  The court may assess for alcohol and other drug abuse programs as provided in s. 893.165 any defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of this chapter or which involves a criminal violation of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or chapter 568, in addition to any fine and other penalty provided by law, an amount up to the amount of the fine authorized for the violation.

(b)  The court may assess any defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of this section, without regard to whether adjudication was withheld, in addition to any fine and other penalty provided or authorized by law, an amount of $100, to be paid to the clerk of the court, who shall forward it to the Operating Trust Fund of the Department of Law Enforcement to be used by the statewide criminal analysis laboratory system for the purposes specified in s. 943.361.

The court is authorized to order a defendant to pay an additional assessment if it finds that the defendant has the ability to pay the fine and the additional assessment and will not be prevented thereby from being rehabilitated or from making restitution.

(9)  The provisions of subsections (1) through (7) are not applicable to the delivery to, or actual or constructive possession for medical or scientific use or purpose only of controlled substances by, persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties:

(a)  Pharmacists.

(b)  Practitioners.

(c)  Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.

(d)  Hospitals that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital.

(e)  Officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction.

(f)  Common carriers.

(g)  Manufacturers, wholesalers, and distributors.

(h)  Law enforcement officers for bona fide law enforcement purposes in the course of an active criminal investigation.

(10)  Notwithstanding any provision of the sentencing guidelines to the contrary, on or after October 1, 1993, any defendant who:

1.  Violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a); and

2.  Has not previously been convicted, regardless of whether adjudication was withheld, of any felony, other than a violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a),

may be required by the court to successfully complete a term of probation pursuant to the terms and conditions set forth in s. 948.034(1), in lieu of serving a term of imprisonment.

(11)  Notwithstanding any provision of the sentencing guidelines to the contrary, on or after January 1, 1994, any defendant who:

1.  Violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a); and

2.  Has not previously been convicted, regardless of whether adjudication was withheld, of any felony, other than a violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),

may be required by the court to successfully complete a term of probation pursuant to the terms and conditions set forth in s. 948.034(2), in lieu of serving a term of imprisonment.

Section 24.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 893.135, Florida Statutes, as amended by chapter 93-92, Laws of Florida, is amended to read:

893.135  Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.—

(1)  Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(a)  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 100 pounds of cannabis commits a felony of the first degree, which felony shall be known as “trafficking in cannabis.” If the quantity of cannabis involved:

1.  Is in excess of 100 pounds, but less than 2,000 pounds, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $25,000.

2.  Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $50,000.

3.  Is 10,000 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $200,000.

(b)1.  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine.” If the quantity involved:

a.  Is 28 grams or more, but less than 200 grams, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000.

b.  Is 200 grams or more, but less than 400 grams, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000.

c.  Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000.

2.  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine, punishable by a term of life imprisonment without the possibility of parole. However, if, in addition to the commission of any act specified in this paragraph, that person:

a.  Intentionally kills an individual or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results; or

b.  Is determined, with respect to the commission of that act, to have had a highly culpable mental state and, as a result of that act, the defendant's conduct led to a natural, though not inevitable, lethal result, which state may be taken into account in any capital sentencing judgment,

such person commits the capital felony of trafficking in cocaine, punishable as provided in ss. 775.082 and 921.142. Such person shall also be sentenced to pay the maximum fine provided under subparagraph 1. For the purposes of this paragraph, a “highly culpable mental state” is represented by a reckless disregard for human life implicit in knowingly engaging in criminal activities known to carry a grave risk of death.

(c)1.  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a) or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:

a.  Is 4 grams or more, but less than 14 grams, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000.

b.  Is 14 grams or more, but less than 28 grams, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of $100,000.

c.  Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of $500,000.

2.  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a), or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs, punishable by a term of life imprisonment without the possibility of parole. However, if, in addition to the commission of any act specified in this paragraph, that person:

a.  Intentionally kills an individual or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results; or

b.  Is determined, with respect to the commission of that act, to have had a highly culpable mental state and, as a result of that act, the defendant's conduct led to a natural, though not inevitable, lethal result, which state may be taken into account in any capital sentencing judgment,

such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 775.082 and 921.142. Such person shall also be sentenced to pay the maximum fine provided under subparagraph 1. For the purposes of this paragraph, a “highly culpable mental state” is represented by a reckless disregard for human life implicit in knowingly engaging in criminal activities known to carry a grave risk of death.

(d)  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of phencyclidine or of any mixture containing phencyclidine, as described in s. 893.03(2)(b), commits a felony of the first degree, which felony shall be known as “trafficking in phencyclidine.” If the quantity involved:

1.  Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000.

2.  Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000.

3.  Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000.

(e)  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), commits a felony of the first degree, which felony shall be known as “trafficking in methaqualone.” If the quantity involved:

1.  Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000.

2.  Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000.

3.  Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000.

(f)  Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as “trafficking in amphetamine.” If the quantity involved:

1.  Is 14 grams or more, but less than 28 grams, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000.

2.  Is 28 grams or more, but less than 200 grams, such person shall be sentenced pursuant to the sentencing guidelines to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000.

3.  Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000.

(2)  A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.

(3)  Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section.

(4)  The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.

(5)  Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).

Section 25.  Effective January 1, 1994, and applicable to sentencing for offenses committed on or after that date, section 893.20, Florida Statutes, is amended to read:

893.20  Continuing criminal enterprise.—

(1)  Any person who commits three or more felonies under this chapter in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management and who obtains substantial assets or resources from these acts is guilty of engaging in a continuing criminal enterprise.

(2)(a)  A person who commits the offense of engaging in a continuing criminal enterprise is guilty of a life felony, punishable pursuant to the sentencing guidelines by a term of imprisonment for life or by a term of imprisonment of not less than 25 years and by a fine of $500,000.

(b)  A violation of this section is exempt from the application of sentencing guidelines pursuant to s. 921.001.

(3)  Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld, nor is such person eligible for parole or provisional credits under s. 944.277 prior to serving the mandatory minimum term of imprisonment prescribed in this section.

(4)  This section does not prohibit separate convictions and sentences for violation of this section and for felony violations of this chapter.

(5)  This section must be interpreted in concert with its federal analog, 21 U.S.C. s. 848.

Section 26.  Section 944.275, Florida Statutes, is amended to read:

944.275  Gain-time.—

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

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

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

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

(3)(a)  The department shall also establish for each prisoner sentenced to a term of years a “tentative release date” which shall be the date projected for the prisoner's release from custody by virtue of gain-time granted or forfeited as described in this section. The initial tentative release date shall be determined by deducting basic gain-time granted from the maximum sentence expiration date. Other gain-time shall be applied when granted or restored to make the tentative release date proportionately earlier; and forfeitures of gain-time, when ordered, shall be applied to make the tentative release date proportionately later.

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

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

(4)(a)  As a means of encouraging satisfactory behavior, the department shall grant basic gain-time at the rate of 10 days for each month of each sentence imposed on a prisoner, subject to the following:

1.  Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain-time.

2.  Basic gain-time for a partial month shall be prorated on the basis of a 30-day month.

3.  When a prisoner receives a new maximum sentence expiration date because of additional sentences imposed, basic gain-time shall be granted for the amount of time the maximum sentence expiration date was extended.

(b)  For each month in which a prisoner works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant up to 20 days of incentive gain-time, which shall be credited and applied monthly.

(c)  For each month in which a prisoner works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the departments may grant incentive gain-time in accordance with this paragraph. For sentences imposed for offenses committed on or after January 1, 1994, for offenses which are, were, or would have been ranked on the offense severity chart in s. 921.0012 in:

1.  Levels 1 through 7, up to 25 days of incentive gain-time, which shall be credited and applied monthly.

2.  Levels 8, 9, and 10, up to 20 days of incentive gain-time, which shall be credited and applied monthly.

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

(e)(d)  Notwithstanding paragraph (b), the education program manager shall recommend, and the Department of Corrections may grant, a one-time award of 60 additional days of incentive gain-time to an inmate who is otherwise eligible and who successfully completes requirements for and is awarded a general educational development certificate or vocational certificate. Under no circumstances may an inmate receive more than 60 days for educational attainment pursuant to this section.

(5)  When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, gain-time may be forfeited according to law.

(6)(a)  Basic gain-time under this section shall be computed on and applied to all sentences imposed for offenses committed on or after July 1, 1978, and before January 1, 1994.

(b)  On the effective date of the act, All incentive and meritorious gain-time is shall be granted according to this section the provisions of this act.

(c)  All additional gain-time previously awarded under former subsections (2) and (3) and all forfeitures ordered prior to the effective date of the this act that created this section shall remain in effect and be applied in establishing an initial tentative release date.

(7)  The department shall adopt promulgate rules to implement the granting, forfeiture, and restoration, and deletion of gain-time.

Section 27.  Section 947.146, Florida Statutes, 1992 Supplement, as amended by chapter 93-61, Laws of Florida, is amended to read:

947.146  Control Release Authority.—

(1)  There is created a Control Release Authority which shall be composed of the members of the Parole Commission and which shall have the same chairman as the commission. The authority shall utilize such commission staff as it determines is necessary to carry out its purposes.

(2)  The authority has shall have as its primary purpose the implementation of a system of uniform criteria for the determination of the number and type of inmates who must be released into the community under control release in order to maintain the state prison system at or below 99 below 97.5 percent of its lawful capacity as defined in s. 944.096. No inmate has a right to control release. Control release is an administrative function solely used to manage the state prison population within lawful capacity. An inmate may not receive an advancement of his control release date by an award of control release award allotments for any period of time before the date the inmate becomes statutorily eligible for control release or before the subsequent date of establishment of his advanceable control release date.

(3)  There shall be no award of provisional credits by the secretary of the department pursuant to s. 944.277 unless either:

(a)  The chairman of the Control Release Authority certifies in writing to the secretary of the department that the authority is unable to maintain the state prison system below 97.5 percent of its lawful capacity; or

(b)  Based upon the failure of the authority to act, the state prison system reaches 98 percent of its lawful capacity as provided in s. 944.277.

(3)(4)  A panel of no fewer than two members of the authority shall establish a control release date for each parole ineligible inmate committed to the department and incarcerated within the state, within 90 days following notification by the department of receipt of the inmate or within 90 days following the completion of proceedings revoking an offender's release and notification by the department of receipt of the inmate, except an inmate who:

(a)  Is serving a sentence that which includes a mandatory minimum provision for a capital offense or drug trafficking offense and has not served the number of days equal to the mandatory minimum term less any jail-time credit awarded by the court;

(b)  Is serving the mandatory minimum portion of a sentence enhanced under s. 775.087(2);

(c)  Is convicted, or has been previously convicted, of committing or attempting to commit sexual battery, incest, or any of the following lewd or indecent assaults or acts: masturbating in public; exposing the sexual organs in a perverted manner; or nonconsensual handling or fondling of the sexual organs of another person;

(d)  Is convicted, or has been previously convicted, of committing or attempting to commit assault, aggravated assault, battery, or aggravated battery, and a sex act was attempted or completed during commission of such offense;

(e)  Is convicted, or has been previously convicted, of committing or attempting to commit kidnapping, burglary, or murder, and the offense was committed with the intent to commit sexual battery or a sex act was attempted or completed during commission of the offense;

(f)  Is convicted, or has been previously convicted, of committing or attempting to commit false imprisonment upon a child under the age of 13 and, in the course of committing the offense, the inmate committed aggravated child abuse, sexual battery against the child, or a lewd, lascivious, or indecent assault or act upon or in the presence of the child;

(g)  Is sentenced, has previously been sentenced, or has been sentenced at any time as a violent habitual offender for a crime committed on or after October 1, 1988 under s. 775.084, or has been sentenced at any time in another jurisdiction as a violent habitual offender;

(h)  Is convicted, or has been previously convicted, of committing or attempting to commit assault, aggravated assault, battery, aggravated battery, kidnapping, manslaughter, or murder against an officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against a state attorney or assistant state attorney; or against a justice or judge of a court described in Article V of the State Constitution; or against an officer, judge, or state attorney employed in a comparable position by any other jurisdiction; or

(i)  Is convicted, or has been previously convicted, of committing or attempting to commit murder in the first, second, or third degree under s. 782.04(1), (2), (3), or (4), or has ever been convicted of any degree of murder or attempted murder in another jurisdiction;.

(j)  Is convicted, or has been previously convicted, of DUI manslaughter under s. 316.193(3)(c)3., and is sentenced, or has been sentenced at any time, as a habitual offender for such offense, or has been sentenced at any time in another jurisdiction as a habitual offender for such offense;

(k)  Is serving a sentence for an offense committed on or after January 1, 1994, for a violation of the Law Enforcement Protection Act under s. 775.0823(2), (3), (4), or (5), and the subtotal of the offender's sentence points is multiplied pursuant to s. 921.0014;

(l)  Is serving a sentence for an offense committed on or after January 1, 1994, for possession of a firearm or destructive device in which additional points are added to the subtotal of the offender's sentence points pursuant to s. 921.0014; or

(m)  Is serving a sentence for an offense committed on or after January 1, 1994, for possession of a semiautomatic weapon, and additional points are added to the subtotal of the offender's sentence points pursuant to s. 921.0014.

In making control release eligibility determinations under this subsection, the authority may rely on any document leading to or generated during the course of the criminal proceedings, including, but not limited to, any presentence or postsentence investigation or any information contained in arrest reports relating to circumstances of the offense. The 90-day requirement for the establishment of a control release date for all eligible inmates for control release consideration does not apply to a person sentenced as a habitual felony offender.

(4)(5)  Control release dates shall be based upon a system of uniform criteria which shall include, but not be limited to, present offenses for which the person is committed, past criminal conduct, length of cumulative sentences, and age of the offender at the time of commitment, together with any aggravating or mitigating circumstances.

(5)(6)  For purpose of determining eligibility for control release, the mandatory minimum portion of a concurrent sentence will begin on the date the sentence begins to run as provided in s. 921.161. The mandatory minimum portions of consecutive sentences shall be served at the beginning of the maximum sentence as established by the Department of Corrections. With respect to offenders who have more than one sentence with a mandatory minimum portion, each mandatory minimum portion of consecutive sentences shall be served consecutively; provided, that in no case shall a sentence begin to run before the date of imposition of that sentence.

(6)(7)  The authority has the power and duty to:

(a)  Extend or advance the control release date of any inmate for whom a date has been established, based upon one or more of the following:

1.  Recently discovered information of:

a.  Past criminal conduct;

b.  Verified threats by inmates provided by victims, law enforcement, or the department;

c.  Potential risk to or vulnerability of a victim;

d.  Psychological or physical trauma to the victim due to the criminal offense;

e.  Court-ordered restitution;

f.  History of abuse or addiction to a chemical substance verified by a presentence or postsentence investigation report;

g.  The inmate's ties to organized crime;

h.  A change in the inmate's sentence structure;

i.  Cooperation with law enforcement;

j.  Strong community support; and

k.  A documented mental condition as a factor for future criminal behavior.

2.  The recommendation of the department regarding:

a.  A medical or mental health-related condition; or

b.  Institutional adjustment of the inmate, which may include refusal by the inmate to sign the agreement to the conditions of the release plan.

3.  Lawful capacity of the state prison system.

(b)  Authorize an individual commissioner to postpone a control release date for not more than 60 days without a hearing for any inmate who has become the subject of a disciplinary proceeding, a criminal arrest, an information, or an indictment; who has been terminated from work release; or about whom there is any recently discovered information as specified in paragraph (a).

(c)  Determine the terms, conditions, and period of time of control release for persons released pursuant to this section.

(d)  Determine violations of control release and what actions shall be taken with reference thereto.

(e)  Provide for victim input into the decisionmaking process which may be used by the authority as aggravation or mitigation in determining which persons shall be released on control release.

(f)  Make such investigations as may be necessary for the purposes of establishing, modifying, or revoking a control release date.

(g)  Contract with a public defender or private counsel for representation of indigent persons charged with violating the terms of control release.

(h)  Create a periodic review process for inmates whose original control release dates are established at the maximum category.

(i)  Adopt such rules as the authority deems necessary for implementation of the provisions of this section.

(7)  If the population of the state correctional system, as defined in s. 944.02, exceeds 99.5 percent of lawful capacity, the Secretary of Corrections shall notify the chair of the Parole Commission and certify to the chair the lawful capacity of the state correctional system and the current population. Upon receiving such certification, the chair of the Parole Commission shall advise the Governor that a state of emergency exists. When the Governor verifies the state of emergency to the Control Release Authority by letter, the Control Release Authority shall establish emergency control release dates for inmates who are ineligible for parole, who are excluded from control release under paragraphs (3)(a), (b), (g), or (h), and who the authority determines are the most suitable for release. Under no circumstances shall an inmate convicted of a capital felony be eligible for emergency control release.

(a)  The authority shall extend or advance emergency control release dates pursuant to this section.

(b)  The authority shall maintain the inmate population below 100 percent of lawful capacity by releasing inmates on emergency control release as well as control release as otherwise provided in this section.

(c)  A state of emergency ceases to exist when the inmate population drops to 99 percent of lawful capacity and remains at or below that level for 30 consecutive days without requiring the release of inmates through the establishment of additional emergency control release dates.

(d)  Nothing in this subsection prohibits the establishment of a control release date under other provisions of this section or creates any right to an early release for any inmate. An inmate has no right to be reviewed for the establishment of an emergency control release date. The establishment of emergency control release dates under this subsection is solely an administrative function used to manage the prison population within lawful capacity.

(e)  When a state of emergency ceases to exist pursuant to paragraph (c), all emergency control release dates must be suspended and no inmate is eligible for release under any previously established emergency control release date.

(8)  The Department of Corrections shall select and contract with public or private organizations for the provision of basic support services for inmates whose term of control release supervision does not exceed 180 90 days. Basic support services shall include, but not be limited to, substance abuse counseling, temporary housing, family counseling, and employment support programs.

(9)  The authority shall examine such records as it deems necessary of the department, the Department of Health and Rehabilitative Services, the Department of Law Enforcement, and any other such agency for the purpose of either establishing, modifying, or revoking a control release date. The victim impact statement shall be included in such records for examination. Such agencies shall provide the information requested by the authority for the purposes of fulfilling the requirements of this section.

(10)  The authority shall adopt as a standard condition for all persons released pursuant to this section that such persons shall not commit a violation which constitutes a felony. The authority shall determine the appropriate terms, conditions, and lengths of supervision, if any, for persons placed on control release, except that such lengths of supervision shall be determined as provided in s. 947.24 and may not exceed the maximum period for which the person has been sentenced. If the person's conviction was for a controlled substance violation, the conditions must include a requirement that the person submit to random substance abuse testing intermittently throughout the term of supervision, and, when warranted, a requirement that the person participate in substance abuse assessment and substance abuse treatment services upon the direction of the correctional probation officer as defined in s. 943.10(3). If any inmate placed on control release supervision is also subject to probation or community control, the department shall supervise such person according to the conditions imposed by the court, and the authority shall defer to such supervision. If the court revokes the probation or community control, the authority, as the result of the revocation, may vacate the grant of control release and resulting deferred control release supervision or take other action it considers appropriate. If the term of control release supervision exceeds that of the probation or community control, then supervision shall revert to the authority's conditions upon expiration of the probation or community control.

(11)  If an inmate is released on control release supervision subject to a detainer for a pending charge and the pending charge results in a new commitment to incarceration before expiration of the terms of control release supervision, the authority may vacate the grant of control release date and the control release supervision or take other action it considers appropriate.

(12)  When the authority has reasonable grounds to believe that an offender released under this section has violated the terms and conditions of control release, such offender shall be subject to the provisions of s. 947.141 and shall be subject to forfeiture of gain-time pursuant to s. 944.28(1).

(13)  If it is discovered that any control releasee was placed on control release by error or while statutorily ineligible for such release, the his order of control release may be vacated and the Control Release Authority may cause a warrant to be issued for the arrest and return of the control releasee to the custody of the Department of Corrections for service of the unserved portion of the his sentence or combined sentences.

Section 28.  (1)  An offender designated for early release by the Control Release Authority who is serving:

(a)  A sentence for a controlled substance offense under s. 893.13(1)(e) or (1)(i), Florida Statutes (1991), for purchase or possession with intent to sell, manufacture, or deliver; or

(b)  A sentence, or has previously served a sentence, as a habitual offender under s. 775.084(1)(a), Florida Statutes, for a primary offense involving drug possession or purchase,

may be released into supervision under s. 948.001(3), Florida Statutes. Supervision may include a requirement that a substance abuse assessment be conducted and, when warranted, appropriate substance abuse treatment services shall be provided.

(2)  An offender designated for early release by the Control Release Authority who is serving:

(a)  A sentence for a controlled substance offense under s. 893.13(1)(e) or (1)(i), Florida Statutes (1991), for sale, manufacture, or delivery; or

(b)  A sentence, or has previously served a sentence, as a habitual offender under s. 775.084(1)(a), Florida Statutes, for a primary offense involving drug sale, manufacture, delivery, or trafficking,

shall be released into supervision under s. 948.001(3), Florida Statutes. Supervision may include a requirement that a substance abuse assessment be conducted and, when warranted, appropriate substance abuse treatment services shall be provided.

Section 29.  (1)  Any inmate who is sentenced under s. 893.13(1)(e)1. or (1)(i)1., Florida Statutes, who has not served such mandatory minimum term, or who is sentenced under s. 775.084(1)(a), Florida Statutes, shall only be placed in an advanceable category as the result of a critical depletion transfer in the following order of priority:

(a)  Inmates sentenced under s. 893.13(1)(e)1. or (1)(i)1., Florida Statutes;

(b)  Inmates sentenced under s. 775.084(1)(a), Florida Statutes, except those whose primary offense at conviction is for burglary as provided in s. 810.02, Florida Statutes;

(c)  Inmates sentenced under s. 775.084(1)(a), Florida Statutes, whose primary offense at conviction is for burglary as provided in s. 810.02, Florida Statutes.

(2)  A critical depletion transfer occurs whenever the release of eligible inmates under control release depletes the total number of eligible inmates with advanceable control release dates to less than 4,000, and inmates in the nonadvanceable subdivision Maximum A category are transferred to the advanceable category with the control release date established at the tentative release date in compliance with the following specifications and criteria:

(a)  The number transferred shall be equal to the minimum number needed to return the pool of inmates with control release dates established at tentative release dates or earlier to 4,020.

(b)  Those inmates who are closest to their tentative release dates or presumptive release dates shall be eligible for transfer.

(c)  Inmates shall be ineligible for transfer if subject to disciplinary proceedings during the 60 days prior to the transfer action.

(d)  Inmates selected for transfer shall have their control release dates reestablished at their current tentative release date or presumptive release date, whichever is earlier.

Section 30.  Effective on June 1, 1995:

(1)  The amendment to paragraph (g) of subsection (3) of s. 947.146, Florida Statutes, contained in this act shall be null and void and that paragraph shall revert to the language existing in that paragraph on April 22, 1993.

(2)  Section 28 of this act is repealed.

(3)  Section 29 of this act is repealed.

Section 31.  Before the release pursuant to this act under s. 947.146, Florida Statutes, of any inmate sentenced as a habitual felony offender pursuant to this act, the Control Release Authority shall develop a uniform procedure for the award of control release dates to inmates sentenced as habitual felony offenders. The procedure must give priority consideration for early release to habitualized offenders who have been in the state prison system on their current commitment for the longest period of time. It is the intent of the Legislature that the habitual felony offender serve at least a significant portion of the court-imposed sentence before release.

Section 32.  Section 944.277, Florida Statutes, as amended by section 12 of chapter 92-310, Laws of Florida, and s. 944.598, Florida Statutes, as amended by section 10 of chapter 92-47, Laws of Florida, are repealed.

Section 33.  The Division of Statutory Revision of the Joint Legislative Management Committee is directed to prepare for introduction during the 1994 Regular Session of the Legislature a reviser's bill to conform all cross references to s. 893.13, Florida Statutes, to the amendment to that section in section 23 of this act.

Section 34.  Section 944.405, Florida Statutes, is amended to read:

944.405  Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release.—

(1)  If there is reasonable justification to believe that an offender has escaped from the custody of the department of Corrections, or has absconded from a rehabilitative community reentry program, before the such offender has satisfied his or her sentence or combined sentences, or if it is determined an offender was released in error, or if it is subsequently determined the offender was statutorily ineligible for release, the secretary of the department or the secretary's his designated representative may issue a warrant for retaking the such offender into custody until he or she has served the remainder of the such sentence or combined sentences.

(2)  An offender who is arrested as provided in subsection (1) is ineligible for bond, bail, or release on his own recognizance.

(3)  A warrant issued under subsection (1) is in effect until the offender has been returned to the custody of the department, or until the sentence is deemed satisfied, whichever occurs first.

(4)  The issuance of a warrant pursuant to this section does not negate or interfere with the right to issuance of a warrant under any other provision of law.

Section 35.  Section 944.278, Florida Statutes, is created to read:

944.278  Cancellation of administrative gain-time and provisional credits.—All awards of administrative gain-time under s. 944.276 and provisional credits under s. 944.277 are hereby cancelled for all inmates serving a sentence or combined sentences in the custody of the department, or serving a state sentence in the custody of another jurisdiction. Release dates of all inmates with 1 or more days of such awards shall be extended by the length of time equal to the number of days of administrative gain-time and provisional credits which were cancelled. Inmates who are out of custody due to an escape or a release on bond, or whose post-release supervision is revoked on or after the effective date of this act, shall have all administrative gain-time and provisional credits cancelled when the inmate's release date is reestablished upon return to custody. Offenders who are under provisional release supervision as of the effective date of this section shall be subject to the terms and conditions established at the time of release until such offenders have been discharged from supervision. Offenders who have warrants outstanding based on violation of supervision as of the effective date of this section, or who violate terms of supervision subsequent to enactment of this section, shall be terminated from supervision and returned to custody. All provisional credits shall be canceled when an offender's tentative release date is reestablished.

Section 36.  Effective upon this act becoming a law, notwithstanding the provisions of sections 921.001, 921.187, 775.08, 944.02, and 951.23, Florida Statutes, or any other law to the contrary, a person whose presumptive sentence is 1 year and 1 day up to 22 months in a state correctional institution may be placed by the court into the custody of a local detention facility as a condition of probation or community control for a felony offense contained in Sentencing Guidelines categories five through nine contained in Florida Rules of Criminal Procedure 3.701 and 3.988, or such similar levels as may be set out in substantive legislation revising the sentencing guidelines, except for any such offense in those categories in which physical force was used, threatened, or attempted or violence was an element. The court may place such person for the duration of the presumptive sentence. The court may only place a person in a local detention facility pursuant to this section if there is a contractual agreement between the chief correctional officer of that county and the Department of Corrections. The agreement must provide for a per diem reimbursement for each person placed under this section, which is payable by the Department of Corrections for the duration of the offender's placement in the facility. This section does not limit the court's ability to place a person in a local detention facility for less than 1 year.

Section 37.  Effective upon this act becoming a law, section 33 of chapter 93-185, Laws of Florida, is hereby repealed.

Section 38.  It is the intent of the Legislature that the requirements for space in correctional facilities resulting from the revisions to the sentencing guidelines and the other provisions of this act in the first 5 fiscal years following this act becoming a law stand as the commitment of the state to appropriate the necessary funding to actually construct and operate the requisite, sited correctional facilities from general revenue, the Grants and Donations Trust Fund of the Department of Corrections, or any other revenue or funding source for said purposes.

Section 39.  When the population of the state correctional system reaches 99 percent of its lawful capacity, the Governor, pursuant to s. 252.36, Florida Statutes, shall use his emergency powers to reduce the capacity of the state correctional system as follows: The Governor shall inform any federal jurisdiction which has a concurrent or consecutive sentence or any active detainer placed on any prisoner in the state correctional system of his intention to transfer custody to that jurisdiction within 30 days. No prisoner shall be so transferred who is convicted of a capital felony in this state nor shall any transfer take place to any county or municipal jurisdiction within the state.

Section 40.  Chapter 957, Florida Statutes, consisting of sections 957.01, 957.02, 957.03, 957.04, 957.05, 957.06, 957.07, 957.08, 957.09, 957.11, and 957.12, is created to read:

CHAPTER 957

CORRECTIONAL PRIVATIZATION COMMISSION

957.01  Short title.—This chapter may be cited as the “Correctional Privatization Commission Act.”

957.02  Definitions.—As used in this chapter:

(1)  “Commission” means the Correctional Privatization Commission.

(2)  “Department” means the Department of Corrections.

957.03  Correctional Privatization Commission.—

(1)  COMMISSION.—The Correctional Privatization Commission is created for the purpose of entering into contracts with contractors for the designing, financing, acquiring, leasing, constructing, and operating of private correctional facilities. For administrative purposes, the commission is created within the Department of Management Services.

(2)  MEMBERS; QUALIFICATIONS.—The commission shall consist of five members appointed by the Governor, none of whom may be an employee of the Department of Corrections, one of whom must be a minority person as defined in s. 288.703(3), and four of whom must be employed by the private sector. A commissioner may not have been an employee or a contract vendor of or a consultant to the department, or an employee or a contract vendor of or a consultant to a bidder, for 2 years prior to appointment to the commission and may not become an employee or a contract vendor of or a consultant to the department, or an employee or a contract vendor of or a consultant to a bidder, for 2 years following the termination of the appointment to the commission.

(3)  TERMS, ORGANIZATION, AND MEETINGS.—

(a)  The term of office for a member of the commission is 4 years.

(b)  A vacancy shall be filled in the same manner as the original appointment and shall be for the remainder of the unexpired term only.

(c)  The Governor shall appoint from among the members a chair and a vice chair for terms of 2 years each.

(d)  Members of the commission shall serve without compensation but are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061.

(e)  The commission may employ an executive director and such staff as is necessary, within the limits of legislative appropriation. The commission may retain such consultants as it deems necessary to accomplish its mission. Neither the executive director nor any consultant retained by the commission may have been an employee or a contract vendor of or a consultant to the department, or an employee or a contract vendor of or a consultant to a bidder, for 2 years prior to employment with the commission and may not become an employee or a contract vendor of or a consultant to the department, or an employee or a contract vendor of or a consultant to a bidder, for 2 years following termination of employment with the commission.

(f)  The commission shall meet upon the call of the chair or a majority of the members of the commission. A majority of the members of the commission constitutes a quorum.

(g)  In accordance with all provisions of law, the commission may lease such office space as is necessary, within the limits of legislative appropriation.

(4)  DUTIES.—

(a)  The commission shall enter into a contract or contracts with one contractor per facility for the designing, acquiring, financing, leasing, constructing, and operating of that facility. The commission shall not enter into any contract to design, acquire, finance, lease, construct, or operate more than two private correctional facilities without specific legislative authorization.

(b)  In its request for proposals, the commission shall invite innovation and shall not require use of prototype designs of state correctional facilities specified or designed by or for the department. The commission shall not require the use of any prototype design that specially advantages any contractor.

(c)  The commission must report to the Speaker of the House of Representatives and the President of the Senate by December 1 each year on the status and effectiveness of the facilities under its management. Each report must also include a comparison of recidivism rates for inmates of private correctional facilities to the recidivism rates for inmates of comparable facilities managed by the department.

957.04  Contract requirements.—

(1)  A contract entered into under this chapter for the operation of private correctional facilities shall:

(a)  Be negotiated with the firm found most qualified. However, a contract for private correctional services may not be entered into by the commission unless the commission determines that the contractor has demonstrated that it has:

1.  The qualifications, experience, and management personnel necessary to carry out the terms of the contract.

2.  The ability to expedite the siting, design, and construction of correctional facilities.

3.  The ability to comply with applicable laws, court orders, and national correctional standards.

(b)  Indemnify the state and the department, including their officials and agents, against any and all liability, including, but not limited to, civil rights liability. Proof of satisfactory insurance is required in an amount to be determined by the commission, following consultation with the Division of Risk Management of the Department of Insurance. Not less than 30 days prior to the release of each request for proposals by the commission, the commission shall request the written recommendation of the division regarding indemnification of the state and the department under this paragraph. Within 15 days after such request, the division shall provide a written recommendation to the commission regarding the amount and manner of such indemnification. The commission shall adopt the division's recommendation unless, based on substantial competent evidence, the commission determines a different amount and manner of indemnification is sufficient.

(c)  Require that the contractor seek, obtain, and maintain accreditation by the American Correctional Association for the facility under that contract. Compliance with amendments to the accreditation standards of the association is required upon the approval of such amendments by the commission.

(d)  Require that the proposed facilities and the management plans for the inmates meet applicable American Correctional Association standards and the requirements of all applicable court orders and state law.

(e)  Establish operations standards for correctional facilities subject to the contract. The commission may waive any rule, policy, or procedure of the department related to the operations standards of correctional facilities that are inconsistent with the mission of the commission to establish cost-effective, privately operated correctional facilities.

(f)  Require the contractor to be responsible for a range of dental, medical, and psychological services; diet; education; and work programs at least equal to those provided by the department in comparable facilities. The work and education programs must be designed to reduce recidivism.

(g)  Require the selection and appointment of a full-time contract monitor. The contract monitor shall be appointed and supervised by the commission. The contractor is required to reimburse the commission for the salary and expenses of the contract monitor. It is the obligation of the contractor to provide suitable office space for the contract monitor at the correctional facility. The contract monitor shall have unlimited access to the correctional facility.

(h)  Be for a period of 3 years and may be renewed for successive 2-year periods thereafter. However, the state is not obligated for any payments to the contractor beyond current annual appropriations.

(2)  Each contract entered into for the design and construction of a private correctional facility must include:

(a)  Notwithstanding any provision of chapter 255 to the contrary, a specific provision authorizing the use of tax-exempt financing through the issuance of tax-exempt bonds, certificates of participation, lease-purchase agreements, or other tax-exempt financing methods. Pursuant to s. 255.25, approval is hereby provided for the lease-purchase of up to two private correctional facilities.

(b)  A specific provision requiring the design and construction of the proposed facilities to meet the applicable standards of the American Correctional Association and the requirements of all applicable court orders and state law.

(c)  A specific provision requiring the contractor, and not the commission, to obtain the financing required to design and construct the private correctional facility built under this chapter.

(d)  A specific provision stating that the state is not obligated for any payments that exceed the amount of the current annual appropriation.

(3)  Each contract for the designing, financing, acquiring, leasing, constructing, and operating of a private correctional facility shall be subject to ss. 255.2502 and 255.2503.

(4)  A contract entered into under this chapter does not accord third-party beneficiary status to any inmate or to any member of the general public.

(5)  Each contract entered into by the commission must include substantial minority participation unless demonstrated by evidence, after a good faith effort, as impractical and must also include any other requirements the commission considers necessary and appropriate for carrying out the purposes of this chapter.

957.05  Requirements for contractors operating private correctional facilities.—

(1)  Each contractor entering into a contract under this chapter is liable in tort with respect to the care and custody of inmates under its supervision and for any breach of contract. Sovereign immunity may not be raised by a contractor, or the insurer of that contractor on the contractor's behalf, as a defense in any action arising out of the performance of any contract entered into under this chapter or as a defense in tort, or any other application, with respect to the care and custody of inmates under the contractor's supervision and for any breach of contract.

(2)(a)  The training requirements, including inservice training requirements, for employees of a contractor that assumes the responsibility for the operation and maintenance of a private correctional facility must meet or exceed the requirements for similar employees of the department or the training requirements mandated for accreditation by the American Correctional Association, whichever of those requirements are the more demanding. All employee training expenses are the responsibility of the contractor.

(b)  Employees of a contractor who are responsible for the supervision of inmates shall have the same legal authority to rely on nondeadly and deadly force as do similar employees of the department.

957.06  Powers and duties not delegable to contractor.—A contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to the contractor to:

(1)  Classify inmates or place inmates in less restrictive or more restrictive custody.

(2)  Transfer an inmate, although the contractor may request in writing that the department either transfer the inmate or provide in writing to the commission valid reasons for the failure to do so. The commission shall formulate guidelines for the transfer of inmates between public and private correctional facilities for disciplinary reasons.

(3)  Formulate rules of inmate behavior, violations of which may subject inmates to sanctions, except to the extent that those rules are accepted by the commission.

(4)  Take any disciplinary action against an inmate.

(5)  Grant, deny, or revoke sentence credits.

(6)  Recommend that the Parole Commission either deny or grant parole; however, the contractor may submit to the Parole Commission written reports that have been prepared in the ordinary course of business and shall respond to any written requests for information received from the Parole Commission.

(7)  Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates.

(8)  Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the commission.

(9)  Determine inmate eligibility for any form of conditional, temporary, or permanent release from a correctional facility.

957.07  Cost saving requirements.—The commission may not enter into a contract or series of contracts for the designing, financing, acquiring, leasing, constructing, and operating of a private correctional facility unless the commission determines that the contract or series contracts in total for the facility will result in a cost savings to the state of at least 7 percent over the public provision of a similar facility. Such cost savings as determined by the commission must be based upon the actual costs associated with the construction and operation of similar facilities or services as certified to the commission by the Auditor General. In certifying the actual costs for the determination of the cost savings required by this section, the Auditor General shall calculate all of the cost components that determine the inmate per diem in correctional facilities of a substantially similar size and type that are operated by the department, including all administrative costs associated with central administration. Services that are provided to the department by other governmental agencies at no direct cost to the department shall be assigned an equivalent cost and included in the per diem. Reasonable projections of payments of any kind to the state or any political subdivision thereof for which the private entity would be liable because of its status as private rather than a public entity, including, but not limited to, corporate income and sales tax payments, shall be included as cost savings in all such determinations. In addition, the costs associated with the appointment and activities of each contract monitor shall be included in such determination. The Auditor General shall provide a report detailing the state cost to design, finance, acquire, lease, construct, and operate a facility similar to the private correctional facility on a per diem basis. This report shall be provided to the commission in sufficient time that it may be included in the request for proposals.

957.08  Capacity requirements.—The department shall transfer and assign prisoners, at a rate to be determined by the commission, to each private correctional facility opened pursuant to this chapter in an amount not less than 90 percent or more than 100 percent of the capacity of the facility pursuant to the contract with the commission. The prisoners transferred by the department shall represent a cross section of the general inmate population, based on the grade of custody or the offense of conviction, at the most comparable facility operated by the department.

957.09  Applicability of chapter to other provisions of law.—

(1)(a)  Any offense that, if committed at a state correctional facility, would be a crime shall be a crime if committed by or with regard to inmates at private correctional facilities operated pursuant to a contract entered into under this chapter.

(b)  All laws relating to commutation of sentences, release and parole eligibility, and the award of sentence credits shall apply to inmates incarcerated in a private correctional facility operated pursuant to a contract entered into under this chapter.

(2)  The provisions of this chapter are supplemental to the provisions of ss. 944.105 and 944.710-944.719. However, in any conflict between a provision of this chapter and a provision of such other sections, the provision of this chapter shall prevail.

(3)  The provisions of law governing the participation of minority business enterprises are applicable to this chapter.

957.11  Evaluation of costs and benefits of contracts.—The Auditor General shall develop and implement an evaluation of the costs and benefits of each contract entered into under this chapter. This evaluation must include a comparison of the costs and benefits of constructing and operating prisons by the state versus by private contractors. The Auditor General shall also evaluate the performance of the private contractor at the end of the term of each management contract and make recommendations to the Speaker of the House of Representatives and the President of the Senate on whether to continue the contract.

957.12  Prohibition on contact.—A bidder or potential bidder is not permitted to have any contact with any member or employee of or consultant to the commission from the time a request for proposals for a private correctional facility is issued until the time a contract for such facility is awarded, except if such contact is in writing or in a meeting for which notice was provided in the Florida Administrative Weekly.

Section 41.  In order to expedite the resolution of the current prison overcrowding crisis, the Correctional Privatization Commission shall expedite the contracting process for the first two private correctional facilities in fiscal year 1993-1994. These first two facilities shall be designed to have a minimum capacity of 750 beds each and to house medium-security inmates. All buildings of the facilities must be of durable permanent construction, and all building materials used must be in accordance with uniform building code requirements. The commission shall issue a request for proposals no later than October 1, 1993; bids shall be due to the commission no later than December 1, 1993; and contracts shall be awarded by the commission no later than December 15, 1993, and must be executed no later than January 1, 1994. The contracts shall stipulate that the facilities must be operating and ready to accept and house state prisoners no later than March 1, 1995. The dates established pursuant to this section shall be tolled during the pendency of any bid protest proceeding filed pursuant to any proceedings under chapter 120, Florida Statutes, including any appeal. At the conclusion of any bid protest or appeal thereof, the commission shall establish a schedule to replace the schedule established in this section. Such schedule shall allow the same number of days for each event under this section as is provided pursuant to this section and shall resume from the time at which any bid protest and any appeal thereof was filed.

Section 42.  Not later than 45 days after this act becomes a law, the Governor shall appoint the initial members of the Correctional Privatization Commission created by this act, and the first meeting of the commission shall occur not later than 10 days after those appointments are made.

Section 43.  Amendments to sections of the Florida Statutes enacted by this act shall not operate to repeal or otherwise negate amendments to the same sections which may have been enacted at the 1993 Regular Session of the Florida Legislature and which are not indicated herein, and full effect shall be given to each, if that is possible. If provisions of this act are in direct conflict with amendments enacted at the 1993 Regular Session of the Legislature, the provisions of this act shall control.

Section 44.  Except as otherwise provided herein, this act shall take effect upon becoming a law.

Approved by the Governor June 17, 1993.

Filed in Office Secretary of State June 17, 1993.