January 28, 2021
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2009                                    SB 2298
       
       
       
       By Senator Crist
       
       
       
       
       12-01547-09                                           20092298__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Corrections;
    3         amending s. 940.061, F.S.; removing provisions that
    4         require the Department of Corrections to assist
    5         eligible inmates and offenders on community
    6         supervision to complete the application for the
    7         restoration of civil rights; requiring the Department
    8         of Corrections to send to the Parole Commission a
    9         monthly electronic list of those offenders who may be
   10         eligible for the restoration of their civil rights;
   11         amending s. 944.35, F.S.; providing that an employee
   12         of a private correctional facility commits a felony of
   13         the third degree if he or she engages in sexual
   14         misconduct with an inmate or an offender supervised by
   15         the department in the community; providing an
   16         exception; creating s. 945.604, F.S.; defining the
   17         term “claim” for institutional and noninstitutional
   18         purposes; specifying when a claim for payment or a
   19         claim for overpayment is considered submitted;
   20         describing procedures to follow when filing a claim
   21         for payment and when filing a claim for overpayment;
   22         providing that the filing procedures may not be
   23         waived; creating s. 945.6041, F.S.; defining the terms
   24         “emergency medical transportation services” and
   25         “health care provider”; providing a compensation limit
   26         if there is no contract between the department and a
   27         health care provider or an emergency medical
   28         transportation services provider and a medical service
   29         is provided to an inmate by a health care provider or
   30         an emergency medical transportation services provider;
   31         providing an exception for charges for medical
   32         services provided at a hospital operated by the
   33         department; amending s. 947.1405, F.S.; requiring any
   34         person who has been placed under supervision and is
   35         electronically monitored by the department to pay the
   36         department for the cost of the electronic monitoring
   37         service; requiring that funds collected from the
   38         person be deposited into the General Revenue Fund;
   39         authorizing the Department of Corrections to exempt a
   40         person from the payment of all or any part of the
   41         electronic monitoring service cost under certain
   42         circumstances; amending s. 948.01, F.S.; requiring the
   43         court to use the orders of supervision prepared by the
   44         Department of Corrections when placing a defendant on
   45         community supervision; amending s. 948.03, F.S.;
   46         requiring that a person placed on probation agree to
   47         live in the community without violating any law and to
   48         submit to having his or her digitized photograph taken
   49         by the department; providing that the offender’s
   50         photograph may be displayed on the public website of
   51         the department while the offender is on supervision;
   52         amending s. 948.09, F.S.; requiring a person to pay
   53         the department the cost of electronically monitoring
   54         the offender while the offender is placed on
   55         supervision; providing for a cost cap on the
   56         monitoring service; providing that the department may
   57         exempt a person from paying all or any part of the
   58         costs of the electronic monitoring service under
   59         certain circumstances; amending s. 948.101, F.S.;
   60         removing terms and conditions for criminal quarantine
   61         community control for a defendant who is being
   62         sentenced for criminal transmission of HIV; amending
   63         s. 948.11, F.S.; removing certain conditions related
   64         to electronic monitoring; amending s. 951.23, F.S.;
   65         removing requirements for the Department of
   66         Corrections to collect specified data; amending s.
   67         958.045, F.S.; requiring the Department of Corrections
   68         to submit a report to the court at least 30 days
   69         before a youthful offender is scheduled to complete
   70         the basic training program; requiring the court to
   71         modify the youthful offender’s sentence and place the
   72         offender on probation if the youthful offender has
   73         successfully completed the basic training program;
   74         amending s. 960.292, F.S.; requiring the court to
   75         retain continuing jurisdiction over a convicted
   76         offender for the duration of the sentence and up to 5
   77         years after the offender is released from
   78         incarceration or supervision for the sole purpose of
   79         entering a civil restitution lien order; amending s.
   80         906.293, F.S.; providing a methodology for determining
   81         damages owed to the state by a convicted offender;
   82         amending s. 906.297, F.S.; providing that the state
   83         may initiate a civil action to collect costs at any
   84         time during the offender’s incarceration and up to 5
   85         years after the offender is released from
   86         incarceration or supervision; repealing ss. 944.293
   87         and 948.001(3), F.S., relating to the restoration of
   88         the civil rights of a convicted felon and criminal
   89         quarantine community control, respectively; amending
   90         s. 948.09, F.S.; conforming a cross-reference;
   91         reenacting s. 921.0021(7)(c), F.S., relating to
   92         definitions related to the severity ranking chart, to
   93         incorporate the amendment made to s. 944.35, F.S., in
   94         a reference thereto; providing an effective date.
   95  
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. Section 940.061, Florida Statutes, is amended to
   99  read:
  100         940.061 Informing persons about executive clemency and
  101  restoration of civil rights.—The Department of Corrections shall
  102  inform and educate inmates and offenders on community
  103  supervision about the restoration of civil rights and assist
  104  eligible inmates and offenders on community supervision with the
  105  completion of the application for the restoration of civil
  106  rights. The Department of Corrections shall send to the Parole
  107  Commission each month an electronic list of those who may be
  108  eligible for restoration of civil rights, including the names of
  109  inmates released from incarceration and offenders who have
  110  completed supervision.
  111         Section 2. Paragraph (b) of subsection (3) of section
  112  944.35, Florida Statutes, is amended to read:
  113         944.35 Authorized use of force; malicious battery and
  114  sexual misconduct prohibited; reporting required; penalties.—
  115         (3)
  116         (b)1. As used in this paragraph, the term “sexual
  117  misconduct” means the oral, anal, or vaginal penetration by, or
  118  union with, the sexual organ of another or the anal or vaginal
  119  penetration of another by any other object, but does not include
  120  an act done for a bona fide medical purpose or an internal
  121  search conducted in the lawful performance of the employee's
  122  duty.
  123         2. Any employee of the department or employee of a private
  124  correctional facility, as defined in s. 944.710, who engages in
  125  sexual misconduct with an inmate or an offender supervised by
  126  the department in the community, without committing the crime of
  127  sexual battery, commits a felony of the third degree, punishable
  128  as provided in s. 775.082, s. 775.083, or s. 775.084.
  129         3. The consent of the inmate or offender supervised by the
  130  department in the community to any act of sexual misconduct may
  131  not be raised as a defense to a prosecution under this
  132  paragraph.
  133         4. This paragraph does not apply to any employee of the
  134  department or any employee of a private correctional facility
  135  who is legally married to an inmate or an offender supervised by
  136  the department in the community, nor does it apply to any
  137  employee who has no knowledge, and would have no reason to
  138  believe, that the person with whom the employee has engaged in
  139  sexual misconduct is an inmate or an offender under community
  140  supervision of the department.
  141         Section 3. Section 945.604, Florida Statutes, is created to
  142  read:
  143         945.604Medical claims.—
  144         (1) As used in this section, the term:
  145         (a)“Claim” means, for a noninstitutional provider, a paper
  146  or electronic billing instrument submitted to the department
  147  that consists of the HCFA 1500 data set, or its successor, which
  148  has all mandatory entries for a physician licensed under chapter
  149  458, chapter 459, chapter 460, chapter 461, or chapter 463, or
  150  psychologists licensed under chapter 490 or any appropriate
  151  billing instrument that has all mandatory entries for any other
  152  noninstitutional provider.
  153         (b)“Claim” means, for an institutional provider, a paper
  154  or electronic billing instrument submitted to the department
  155  which consists of the UB-92 data set or its successor that has
  156  entries stated as mandatory by the National Uniform Billing
  157  Committee.
  158         (2)(a)A claim for payment or underpayment is considered
  159  submitted on the date the claim for payment is mailed or
  160  electronically transferred to the department by the provider.
  161         (b)A claim for overpayment is considered submitted on the
  162  date the claim for overpayment is mailed or electronically
  163  transferred to the provider by the department.
  164         (3)(a)A claim for payment or underpayment must be
  165  submitted to the department within 6 months after:
  166         1. Discharge of the offender from the inpatient service or
  167  the date of service for the outpatient service to the offender;
  168  and
  169         2. The provider has been furnished with the correct name
  170  and address of the department.
  171         (b)The department is not obligated to pay a claim for
  172  payment or underpayment which was not submitted in accordance
  173  with paragraph (a).
  174         (cA claim for payment or underpayment must not duplicate
  175  a claim previously submitted unless it is determined the
  176  original claim for payment or underpayment was not received or
  177  is otherwise lost.
  178         (4)(a)If the department determines that it has made an
  179  overpayment to a provider for services rendered to an inmate, it
  180  must deliver its claim for the overpayment to the location
  181  officially designated by the provider. The department shall
  182  provide a written or electronic statement specifying the basis
  183  for the alleged overpayment. The department must identify the
  184  claim or claims for which the claim for overpayment is
  185  submitted.
  186         (b)The department must submit a claim for overpayment to a
  187  provider within 30 months after the department pays the claim.
  188  However, the department may submit a claim for overpayment after
  189  30 months if the provider to whom the claim is sent was
  190  convicted of fraud under s. 817.234.
  191         (c)A provider is not obligated to pay an alleged claim for
  192  overpayment if the claim for overpayment was not submitted in
  193  accordance with paragraph (b).
  194         (d)A provider must pay, deny, or contest the department’s
  195  claim for overpayment within 40 days after receiving the claim
  196  for overpayment.
  197         (e) A provider that denies or contests the claim for
  198  overpayment, or any portion of a claim, shall notify the
  199  department, in writing, within 40 days after the provider
  200  receives the claim for overpayment. The notice sent by the
  201  provider shall identify any contested portion of the claim and
  202  specify each reason the provider has for contesting or denying
  203  the claim for overpayment.
  204         (f)All contested claims for overpayment must be paid or
  205  denied within 120 days after the provider receives the claim for
  206  overpayment. Failure to pay or deny the claim for overpayment
  207  within 140 days after receiving the claim creates an
  208  uncontestable obligation to pay the claim.
  209         (g)The department may not reduce payment to a provider for
  210  other services rendered to the department unless the provider
  211  agrees to the reduction or fails to respond to the claim for
  212  overpayment as required by this subsection.
  213         (5) This section may not be waived, voided, or nullified by
  214  contract.
  215         Section 4. Section 945.6041, Florida Statutes, is created
  216  to read:
  217         945.6041Inmate medical services.—
  218         (1)As used in this section, the term:
  219         (a)“Emergency medical transportation services” include,
  220  but are not limited to, services rendered by an ambulance
  221  service, emergency medical services vehicle, or air ambulance
  222  service as those terms are defined in s. 401.23.
  223         (b)“Health care provider” has the same meaning as in s.
  224  766.105.
  225         (2)(a)If there is not a contract to provide inmate medical
  226  services between the department and a health care provider, the
  227  department shall compensate the health care provider for such
  228  services at no more than 110 percent of the Medicare allowable
  229  rate for the service rendered.
  230         (b)Notwithstanding paragraph (a), if there is not a
  231  contract to provide inmate medical services between the
  232  department and a health care provider that reported a negative
  233  operating margin for the previous year to the Agency for Health
  234  Care Administration, through hospital audited financial data,
  235  the department shall compensate the provider for such services
  236  at no more than 125 percent of the Medicare allowable rate for
  237  the service rendered.
  238         (3)If there is not a contract between the department and
  239  an emergency medical transportation service provider, the
  240  department shall compensate the emergency medical transportation
  241  service provider for such services at no more than 110 percent
  242  of the Medicare allowable rate for the service rendered.
  243         (4)This section does not apply to charges for medical
  244  services provided at a hospital operated by the department.
  245         Section 5. Paragraph (b) of subsection (7) of section
  246  947.1405, Florida Statutes, is amended to read:
  247         947.1405 Conditional release program.—
  248         (7)
  249         (b) For a releasee whose crime was committed on or after
  250  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  251  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  252  conditional release supervision, in addition to any other
  253  provision of this subsection, the commission shall impose the
  254  following additional conditions of conditional release
  255  supervision:
  256         1. As part of a treatment program, participation in a
  257  minimum of one annual polygraph examination to obtain
  258  information necessary for risk management and treatment and to
  259  reduce the sex offender's denial mechanisms. The polygraph
  260  examination must be conducted by a polygrapher trained
  261  specifically in the use of the polygraph for the monitoring of
  262  sex offenders, where available, and at the expense of the sex
  263  offender. The results of the polygraph examination shall not be
  264  used as evidence in a hearing to prove that a violation of
  265  supervision has occurred.
  266         2. Maintenance of a driving log and a prohibition against
  267  driving a motor vehicle alone without the prior approval of the
  268  supervising officer.
  269         3. A prohibition against obtaining or using a post office
  270  box without the prior approval of the supervising officer.
  271         4. If there was sexual contact, a submission to, at the
  272  probationer's or community controllee's expense, an HIV test
  273  with the results to be released to the victim or the victim's
  274  parent or guardian.
  275         5. Electronic monitoring of any form when ordered by the
  276  commission. Any person who has been placed under supervision and
  277  is electronically monitored by the department shall pay the
  278  department for the cost of the electronic monitoring service at
  279  a rate that may not exceed the full cost of the monitoring
  280  service. Funds collected under this subparagraph shall be
  281  deposited into the General Revenue Fund. The department may
  282  exempt a person from the payment of all or any part of the
  283  electronic monitoring service cost if the department finds that
  284  any of the factors listed in s. 948.09(3) exist.
  285         Section 6. Subsection (1) of section 948.01, Florida
  286  Statutes, is amended to read:
  287         948.01 When court may place defendant on probation or into
  288  community control.—
  289         (1)(a) Any court of the state having original jurisdiction
  290  of criminal actions may at a time to be determined by the court,
  291  either with or without an adjudication of the guilt of the
  292  defendant, hear and determine the question of the probation of a
  293  defendant in a criminal case, except for an offense punishable
  294  by death, who has been found guilty by the verdict of a jury,
  295  has entered a plea of guilty or a plea of nolo contendere, or
  296  has been found guilty by the court trying the case without a
  297  jury. If the court places the defendant on probation or into
  298  community control for a felony, the department shall provide
  299  immediate supervision by an officer employed in compliance with
  300  the minimum qualifications for officers as provided in s.
  301  943.13. In no circumstances shall a private entity provide
  302  probationary or supervision services to felony or misdemeanor
  303  offenders sentenced or placed on probation or other supervision
  304  by the circuit court.
  305         (b)The court shall use the orders of supervision prepared
  306  by the Department of Corrections when placing a defendant on
  307  community supervision.
  308         Section 7. Subsection (1) of section 948.03, Florida
  309  Statutes, is amended to read:
  310         948.03 Terms and conditions of probation.—
  311         (1) The court shall determine the terms and conditions of
  312  probation. Conditions specified in this section do not require
  313  oral pronouncement at the time of sentencing and may be
  314  considered standard conditions of probation. These conditions
  315  may include among them the following, that the probationer or
  316  offender in community control shall:
  317         (a) Report to the probation and parole supervisors as
  318  directed.
  319         (b) Permit such supervisors to visit him or her at his or
  320  her home or elsewhere.
  321         (c) Work faithfully at suitable employment insofar as may
  322  be possible.
  323         (d) Remain within a specified place.
  324         (e) Live without violating any law. A conviction in a court
  325  of law is not necessary to constitute a violation of probation,
  326  community control, or any other form of court-ordered
  327  supervision.
  328         (f)(e) Make reparation or restitution to the aggrieved
  329  party for the damage or loss caused by his or her offense in an
  330  amount to be determined by the court. The court shall make such
  331  reparation or restitution a condition of probation, unless it
  332  determines that clear and compelling reasons exist to the
  333  contrary. If the court does not order restitution, or orders
  334  restitution of only a portion of the damages, as provided in s.
  335  775.089, it shall state on the record in detail the reasons
  336  therefor.
  337         (g)(f) Effective July 1, 1994, and applicable for offenses
  338  committed on or after that date, make payment of the debt due
  339  and owing to a county or municipal detention facility under s.
  340  951.032 for medical care, treatment, hospitalization, or
  341  transportation received by the felony probationer while in that
  342  detention facility. The court, in determining whether to order
  343  the such repayment and the amount of the such repayment, shall
  344  consider the amount of the debt, whether there was any fault of
  345  the institution for the medical expenses incurred, the financial
  346  resources of the felony probationer, the present and potential
  347  future financial needs and earning ability of the probationer,
  348  and dependents, and other appropriate factors.
  349         (h)(g) Support his or her legal dependents to the best of
  350  his or her ability.
  351         (i)(h) Make payment of the debt due and owing to the state
  352  under s. 960.17, subject to modification based on change of
  353  circumstances.
  354         (j)(i) Pay any application fee assessed under s.
  355  27.52(1)(b) and attorney's fees and costs assessed under s.
  356  938.29, subject to modification based on change of
  357  circumstances.
  358         (k)(j) Not associate with persons engaged in criminal
  359  activities.
  360         (l)(k)1. Submit to random testing as directed by the
  361  correctional probation officer or the professional staff of the
  362  treatment center where he or she is receiving treatment to
  363  determine the presence or use of alcohol or controlled
  364  substances.
  365         2. If the offense was a controlled substance violation and
  366  the period of probation immediately follows a period of
  367  incarceration in the state correction system, the conditions
  368  shall include a requirement that the offender submit to random
  369  substance abuse testing intermittently throughout the term of
  370  supervision, upon the direction of the correctional probation
  371  officer as defined in s. 943.10(3).
  372         (m)(l) Be prohibited from possessing, carrying, or owning
  373  any firearm unless authorized by the court and consented to by
  374  the probation officer.
  375         (n)(m) Be prohibited from using intoxicants to excess or
  376  possessing any drugs or narcotics unless prescribed by a
  377  physician. The probationer or community controllee may shall not
  378  knowingly visit places where intoxicants, drugs, or other
  379  dangerous substances are unlawfully sold, dispensed, or used.
  380         (o)(n) Submit to the drawing of blood or other biological
  381  specimens as prescribed in ss. 943.325 and 948.014, and
  382  reimburse the appropriate agency for the costs of drawing and
  383  transmitting the blood or other biological specimens to the
  384  Department of Law Enforcement.
  385         (p)Submit to the taking of a digitized photograph by the
  386  department as a part of the offender’s records. The photograph
  387  may be displayed on the public website of the department while
  388  the offender is on supervision, with the exception of offenders
  389  on pretrial intervention supervision or who would otherwise be
  390  exempt from public-records requirements.
  391         Section 8. Subsection (2) of section 948.09, Florida
  392  Statutes, is amended to read:
  393         948.09 Payment for cost of supervision and rehabilitation.—
  394         (2) Any person being electronically monitored by the
  395  department as a result of being placed placement on supervision
  396  community control shall be required to pay the department for
  397  electronic monitoring services at a rate as a surcharge an
  398  amount that may not exceed the full cost of the monitoring
  399  service in addition to the cost of supervision fee as directed
  400  by the sentencing court. The funds collected under this
  401  subsection surcharge shall be deposited in the General Revenue
  402  Fund. The department may exempt a person from paying all or any
  403  part of the costs of the electronic monitoring service if it
  404  finds that any of the factors listed in subsection (3) exist.
  405         Section 9. Section 948.101, Florida Statutes, is amended to
  406  read:
  407         948.101 Terms and conditions of community control and
  408  criminal quarantine community control.—
  409         (1) The court shall determine the terms and conditions of
  410  community control. Conditions specified in this subsection do
  411  not require oral pronouncement at the time of sentencing and may
  412  be considered standard conditions of community control.
  413         (1)(a) The court shall require intensive supervision and
  414  surveillance for an offender placed into community control,
  415  which may include but is not limited to:
  416         (a)1. Specified contact with the parole and probation
  417  officer.
  418         (b)2. Confinement to an agreed-upon residence during hours
  419  away from employment and public service activities.
  420         (c)3. Mandatory public service.
  421         (d)4. Supervision by the Department of Corrections by means
  422  of an electronic monitoring device or system.
  423         (e)5. The standard conditions of probation set forth in s.
  424  948.03 or s. 948.30.
  425         (b)For an offender placed on criminal quarantine community
  426  control, the court shall require:
  427         1.Electronic monitoring 24 hours per day.
  428         2.Confinement to a designated residence during designated
  429  hours.
  430         (2) The enumeration of specific kinds of terms and
  431  conditions does not prevent the court from adding thereto any
  432  other terms or conditions that the court considers proper.
  433  However, the sentencing court may only impose a condition of
  434  supervision allowing an offender convicted of s. 794.011, s.
  435  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
  436  another state if the order stipulates that it is contingent upon
  437  the approval of the receiving state interstate compact
  438  authority. The court may rescind or modify at any time the terms
  439  and conditions theretofore imposed by it upon the offender in
  440  community control. However, if the court withholds adjudication
  441  of guilt or imposes a period of incarceration as a condition of
  442  community control, the period may not exceed 364 days, and
  443  incarceration shall be restricted to a county facility, a
  444  probation and restitution center under the jurisdiction of the
  445  Department of Corrections, a probation program drug punishment
  446  phase I secure residential treatment institution, or a community
  447  residential facility owned or operated by any entity providing
  448  such services.
  449         (3)The court may place a defendant who is being sentenced
  450  for criminal transmission of HIV in violation of s. 775.0877 on
  451  criminal quarantine community control. The Department of
  452  Corrections shall develop and administer a criminal quarantine
  453  community control program emphasizing intensive supervision with
  454  24-hour-per-day electronic monitoring. Criminal quarantine
  455  community control status must include surveillance and may
  456  include other measures normally associated with community
  457  control, except that specific conditions necessary to monitor
  458  this population may be ordered.
  459         Section 10. Section 948.11, Florida Statutes, is amended to
  460  read:
  461         948.11 Electronic monitoring devices.—
  462         (1)(a) The Department of Corrections may, at its
  463  discretion, electronically monitor an offender sentenced to
  464  community control.
  465         (b)The Department of Corrections shall electronically
  466  monitor an offender sentenced to criminal quarantine community
  467  control 24 hours per day.
  468         (2)Any offender placed on community control who violates
  469  the terms and conditions of community control and is restored to
  470  community control may be supervised by means of an electronic
  471  monitoring device or system.
  472         (3)For those offenders being electronically monitored, the
  473  Department of Corrections shall develop procedures to determine,
  474  investigate, and report the offender's noncompliance with the
  475  terms and conditions of sentence 24 hours per day. All reports
  476  of noncompliance shall be immediately investigated by a
  477  community control officer.
  478         (4)The Department of Corrections may contract with local
  479  law enforcement agencies to assist in the location and
  480  apprehension of offenders who are in noncompliance as reported
  481  by the electronic monitoring system. This contract is intended
  482  to provide the department a means for providing immediate
  483  investigation of noncompliance reports, especially after normal
  484  office hours.
  485         (2)(5) Any person being electronically monitored by the
  486  department as a result of being placed placement on supervision
  487  community control shall be required to pay the department for
  488  the electronic monitoring services a surcharge as provided in s.
  489  948.09(2).
  490         (3)(6) For probationers, community controllees, or
  491  conditional releasees who have current or prior convictions for
  492  violent or sexual offenses, the department, in carrying out a
  493  court or commission order to electronically monitor an offender,
  494  must use a system that actively monitors and identifies the
  495  offender's location and timely reports or records the offender's
  496  presence near or within a crime scene or in a prohibited area or
  497  the offender's departure from specified geographic limitations.
  498  Procurement of electronic monitoring services under this
  499  subsection shall be by competitive procurement in accordance
  500  with invitation to bid as defined in s. 287.057.
  501         (4)(7) A person who intentionally alters, tampers with,
  502  damages, or destroys any electronic monitoring equipment
  503  pursuant to court or commission order, unless the such person is
  504  the owner of the equipment, or an agent of the owner, performing
  505  ordinary maintenance and repairs, commits a felony of the third
  506  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  507  775.084.
  508         Section 11. Subsection (2) of section 951.23, Florida
  509  Statutes, is amended to read:
  510         951.23 County and municipal detention facilities;
  511  definitions; administration; standards and requirements.—
  512         (2) COLLECTION OF INFORMATION.—In conjunction with the
  513  administrators of county detention facilities, the Department of
  514  Corrections shall develop an instrument for the collection of
  515  information from the administrator of each county detention
  516  facility. Whenever possible, the information shall be
  517  transmitted by the administrator to the Department of
  518  Corrections electronically or in a computer readable format. The
  519  information shall be provided on a monthly basis and shall
  520  include, but is not limited to, the following:
  521         (a) The number of persons housed per day who are:
  522         1. Felons sentenced to cumulative sentences of
  523  incarceration of 364 days or less.
  524         2. Felons sentenced to cumulative sentences of
  525  incarceration of 365 days or more.
  526         3. Sentenced misdemeanants.
  527         4. Awaiting trial on at least one felony charge.
  528         5. Awaiting trial on misdemeanor charges only.
  529         6. Convicted felons and misdemeanants who are awaiting
  530  sentencing.
  531         7. Juveniles.
  532         8. State parole violators.
  533         9. State inmates who were transferred from a state
  534  correctional facility, as defined in s. 944.02, to the county
  535  detention facility.
  536         (b)The number of persons housed per day, admitted per
  537  month, and housed on the last day of the month, by age, race,
  538  sex, country of citizenship, country of birth, and immigration
  539  status classified as one of the following:
  540         1.Permanent legal resident of the United States.
  541         2.Legal visitor.
  542         3.Undocumented or illegal alien.
  543         4.Unknown status.
  544         (b)(c) The number of persons housed per day:
  545         1. Pursuant to part I of chapter 394, “The Florida Mental
  546  Health Act.”
  547         2. Pursuant to chapter 397, “Substance Abuse Services.”
  548         (d)The cost per day for housing a person in the county
  549  detention facility.
  550         (e)The number of persons admitted per month, and the
  551  number of persons housed on the last day of the month, by age,
  552  race, and sex, who are:
  553         1.Felons sentenced to cumulative sentences of
  554  incarceration of 364 days or less.
  555         2.Felons sentenced to cumulative sentences of
  556  incarceration of 365 days or more.
  557         3.Sentenced misdemeanants.
  558         4.Awaiting trial on at least one felony charge.
  559         5.Awaiting trial on misdemeanor charges only.
  560         6.Convicted felons and misdemeanants who are awaiting
  561  sentencing.
  562         7.Juveniles.
  563         8.State parole violators.
  564         9.State inmates who were transferred from a state
  565  correctional facility, as defined in s. 944.02, to the county
  566  detention facility.
  567         (f)The number of persons admitted per month, by age, race,
  568  and sex:
  569         1.Pursuant to part I of chapter 394, “The Florida Mental
  570  Health Act.”
  571         2.Pursuant to chapter 397, “Substance Abuse Services.”
  572         Section 12. Paragraph (c) of subsection (5) of section
  573  958.045, Florida Statutes, is amended to read:
  574         958.045 Youthful offender basic training program.—
  575         (5)
  576         (c) The portion of the sentence served prior to placement
  577  in the basic training program may not be counted toward program
  578  completion. The department shall submit a report to the court at
  579  least 30 days before the youthful offender is scheduled to
  580  complete the basic training program. The report must describe
  581  the offender’s performance in the basic training program. If the
  582  youthful offender’s performance has been satisfactory, the court
  583  shall issue an order modifying the sentence imposed and place
  584  the offender on probation subject to the offender successfully
  585  completing the remainder of the basic training program. Upon the
  586  offender's completion of the basic training program, the
  587  department shall submit a report to the court that describes the
  588  offender's performance. If the offender's performance has been
  589  satisfactory, the court shall issue an order modifying the
  590  sentence imposed and placing the offender on probation. The term
  591  of probation may include placement in a community residential
  592  program. If the offender violates the conditions of probation,
  593  the court may revoke probation and impose any sentence that it
  594  might have originally imposed.
  595         Section 13. Subsection (2) of section 960.292, Florida
  596  Statutes, is amended to read:
  597         960.292 Enforcement of the civil restitution lien through
  598  civil restitution lien order.—The civil restitution lien shall
  599  be made enforceable by means of a civil restitution lien order.
  600         (2) Upon motion by the state, upon petition of the local
  601  subdivision, crime victim, or aggrieved party, or on its own
  602  motion, the court in which the convicted offender is convicted
  603  shall enter civil restitution lien orders in favor of crime
  604  victims, the state, its local subdivisions, and other aggrieved
  605  parties. The court shall retain continuing jurisdiction over the
  606  convicted offender for the sole purpose of entering civil
  607  restitution lien orders for the duration of the sentence and up
  608  to 5 years after the offender is released from incarceration or
  609  supervision, whichever occurs later.
  610         Section 14. Paragraph (b) of subsection (2) of section
  611  960.293, Florida Statutes, is amended to read:
  612         960.293 Determination of damages and losses.—
  613         (2) Upon conviction, a convicted offender is liable to the
  614  state and its local subdivisions for damages and losses for
  615  incarceration costs and other correctional costs.
  616         (b) If the conviction is for an offense other than a
  617  capital or life felony, a liquidated damage amount of $50 per
  618  day of the convicted offender's sentence shall be assessed
  619  against the convicted offender and in favor of the state or its
  620  local subdivisions. Damages shall be based upon the length of
  621  the sentence imposed by the court at the time of sentencing.
  622         Section 15. Subsection (3) is added to section 960.297,
  623  Florida Statutes, to read:
  624         960.297 Authorization for governmental right of restitution
  625  for costs of incarceration.—
  626         (3)Civil actions authorized by this section may be
  627  initiated at any time during the offender’s incarceration and up
  628  to 5 years after the offender is released from incarceration or
  629  supervision, whichever occurs later.
  630         Section 16. Section 944.293 and subsection (3) of section
  631  948.001, Florida Statutes, are repealed.
  632         Section 17. Subsection (7) of section 948.09, Florida
  633  Statutes, is amended to read:
  634         948.09 Payment for cost of supervision and rehabilitation.—
  635         (7) The department shall establish a payment plan for all
  636  costs ordered by the courts for collection by the department and
  637  a priority order for payments, except that victim restitution
  638  payments authorized under s. 948.03(1)(f) s. 948.03(1)(e) take
  639  precedence over all other court-ordered payments. The department
  640  is not required to disburse cumulative amounts of less than $10
  641  to individual payees established on this payment plan.
  642         Section 18. For the purpose of incorporating the amendment
  643  made by this act to section 944.35, Florida Statutes, in a
  644  reference thereto, paragraph (c) of subsection (7) of section
  645  921.0021, Florida Statutes, is reenacted to read:
  646         921.0021 Definitions.—As used in this chapter, for any
  647  felony offense, except any capital felony, committed on or after
  648  October 1, 1998, the term:
  649         (7)
  650         (c) The sentence points provided under s. 921.0024 for
  651  sexual contact or sexual penetration may not be assessed for a
  652  violation of s. 944.35(3)(b)2.
  653         Section 19. This act shall take effect October 1, 2009.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2021 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader