January 28, 2021
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       Florida Senate - 2009                             CS for SB 2298
       
       
       
       By the Committee on Judiciary; and Senator Crist
       
       
       
       
       590-05215-09                                          20092298c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending s.
    3         775.21, F.S.; revising definitions; creating s.
    4         794.0701, F.S.; providing that if a person has been
    5         convicted of certain specified violations in which the
    6         victim of the offense was younger than 16 years of age
    7         and the person loiters or prowls within 300 feet of a
    8         place where children regularly congregate, he or she
    9         commits a misdemeanor of the first degree; providing a
   10         criminal penalty; defining terms; amending s. 940.061,
   11         F.S.; requiring the Department of Corrections to send
   12         the Parole Commission a monthly electronic list
   13         containing the names of inmates released from
   14         incarceration and offenders who have been terminated
   15         from supervision and who may be eligible for
   16         restoration of civil rights; repealing s. 944.293,
   17         F.S., relating to procedures for initiation of civil
   18         rights restoration; amending s. 944.35, F.S.; applying
   19         provisions prohibiting sexual misconduct to employees
   20         of private correctional facilities; providing
   21         penalties; creating s. 945.604, F.S.; defining the
   22         term “claim” for purposes of the State of Florida
   23         Correctional Medical Authority act; providing for
   24         filing and payment of medical claims for payment or
   25         underpayment; providing for filing and payment of
   26         claims for overpayment; providing for recovery of
   27         overpayment of claims; creating s. 945.6041, F.S.;
   28         providing definitions; providing limits on
   29         reimbursement for certain inmate medical expenses when
   30         there is no contract between the Department of
   31         Corrections or a private correctional facility and the
   32         health care provider or provider of emergency medical
   33         transportation services; amending s. 947.1405, F.S.;
   34         revising conditional release restrictions for certain
   35         offenders; providing that persons on supervision who
   36         are electronically monitored pay for the monitoring;
   37         providing exceptions; providing for disposition of
   38         funds collected; amending s. 948.001, F.S.; deleting
   39         the definition of the term “criminal quarantine
   40         community control”; amending s. 775.0877, F.S.;
   41         revising the penalty for criminal transmission of HIV;
   42         conforming provisions to changes made by the act;
   43         amending ss. 384.34, 796.08, and 921.187, F.S.;
   44         conforming provisions to changes made by the act;
   45         amending s. 948.01, F.S.; providing for development
   46         and distribution of uniform order of supervision
   47         forms; requiring use of such forms; amending s.
   48         948.03, F.S.; providing as a condition of probation,
   49         community control, or any other form of court-ordered
   50         supervision that an offender live without violating
   51         any law; providing that a conviction in a court of law
   52         is not necessary for a violation of law to constitute
   53         a violation of such a condition; eliminating a
   54         requirement that a probation officer consent to
   55         possession of a firearm by a probationer with court
   56         authorization; requiring that an offender on probation
   57         or community control submit to the taking of a
   58         digitized photograph; providing for display of such
   59         photographs on the department’s public website while
   60         the offender is on supervision; providing exceptions;
   61         amending s. 948.09, F.S.; revising language relating
   62         to payments by persons on supervision for the costs of
   63         electronic monitoring services; providing exemptions;
   64         conforming a cross-reference; amending s. 948.101,
   65         F.S.; deleting provisions relating to criminal
   66         quarantine community control; amending s. 948.11,
   67         F.S.; deleting provisions relating to criminal
   68         quarantine community control; deleting the requirement
   69         that for offenders being electronically monitored, the
   70         Department of Corrections develop specified procedures
   71         concerning offender’s noncompliance; deleting a
   72         provision allowing the Department of Corrections to
   73         contract for local law enforcement assistance with
   74         noncompliant offenders; revising language relating to
   75         payment for electronic monitoring to conform to
   76         changes made by the act; amending s. 948.30, F.S.;
   77         revising provisions relating to terms and conditions
   78         of probation or community control for certain sex
   79         offenses; revising restrictions for certain
   80         probationers or community controllees who committed
   81         sexual offenses against a minor younger than 16 years
   82         of age; amending s. 951.23, F.S.; eliminating the
   83         requirements for collection of certain information
   84         from the administrator of each county detention
   85         facility; correcting a cross-reference; amending s.
   86         958.045, F.S.; requiring a report to be submitted to
   87         the court concerning an offender’s performance while
   88         in youthful offender basic training within a specified
   89         period prior to the offender’s scheduled release;
   90         providing for specified court actions if the
   91         offender’s performance is satisfactory; amending s.
   92         960.292, F.S.; providing for retention of court
   93         jurisdiction over certain offenders for a specified
   94         period after release from incarceration or supervision
   95         for the sole purpose of entering civil restitution
   96         orders; amending s. 960.293, F.S.; providing that
   97         damages due from an offender for correctional costs be
   98         based upon the length of the sentence imposed by the
   99         court at the time of sentencing; amending s. 960.297,
  100         F.S.; providing a time period in which civil actions
  101         for the costs of incarceration may be initiated;
  102         providing an effective date.
  103  
  104  Be It Enacted by the Legislature of the State of Florida:
  105  
  106         Section 1. Paragraph (b) of subsection (10) of section
  107  775.21, Florida Statutes, is amended to read:
  108         775.21 The Florida Sexual Predators Act.—
  109         (10) PENALTIES.—
  110         (b) A sexual predator who has been convicted of or found to
  111  have committed, or has pled nolo contendere or guilty to,
  112  regardless of adjudication, any violation, or attempted
  113  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  114  the victim is a minor and the defendant is not the victim’s
  115  parent or guardian; s. 794.011(2), (3), (4), (5), or (8) s.
  116  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  117  796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0135(5); s.
  118  847.0145; or s. 985.701(1); or a violation of a similar law of
  119  another jurisdiction when the victim of the offense was a minor,
  120  and who works, whether for compensation or as a volunteer, at
  121  any business where children regularly congregate, school, child
  122  care facility day care center, park as defined in s. 794.0701,
  123  playground, or other place where children regularly congregate,
  124  commits a felony of the third degree, punishable as provided in
  125  s. 775.082, s. 775.083, or s. 775.084.
  126         Section 2. Section 794.0701, Florida Statutes, is created
  127  to read:
  128         794.0701Loitering or prowling by persons convicted of
  129  certain sex offenses.—
  130         (1)Any person who:
  131         (a)Has been convicted of a violation of s. 787.01, s.
  132  787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145,
  133  regardless of whether adjudication has been withheld, in which
  134  the victim of the offense was younger than 16 years of age; and
  135         (b)Loiters or prowls as proscribed in s. 856.021 within
  136  300 feet of a place where children regularly congregate,
  137  including a school, designated public school bus stop, child
  138  care facility, playground, or park as defined in s. 794.0701,
  139  
  140  commits a misdemeanor of the first degree, punishable as
  141  provided in s. 775.082 or s. 775.083.
  142         (2)“Child care facility” has the same meaning as provided
  143  in s. 402.302.
  144         (3)“Park” means and includes all public and private
  145  property specifically designated as being used for park and
  146  recreational purposes and where children regularly congregate.
  147         (4)“School” has the same meaning as provided in s. 1003.01
  148  and includes a “private school” as defined in s. 1002.01, a
  149  “voluntary prekindergarten education program” as described in s.
  150  1002.53(3), a “public school” as described in s. 402.3025(1),
  151  the Florida School for the Deaf and the Blind, the Florida
  152  Virtual School as established in s. 1002.37, and a K-8 Virtual
  153  School as established in s. 1002.415, excluding facilities
  154  dedicated exclusively to the education of adults.
  155         Section 3. Section 940.061, Florida Statutes, is amended to
  156  read:
  157         940.061 Informing persons about executive clemency and
  158  restoration of civil rights.—The Department of Corrections shall
  159  inform and educate inmates and offenders on community
  160  supervision about the restoration of civil rights. The
  161  Department of Corrections shall send the Parole Commission a
  162  monthly electronic list containing the names of inmates released
  163  from incarceration and offenders who have been terminated from
  164  supervision and who may be eligible for restoration of civil
  165  rights and assist eligible inmates and offenders on community
  166  supervision with the completion of the application for the
  167  restoration of civil rights.
  168         Section 4. Section 944.293, Florida Statutes, is repealed.
  169         Section 5. Paragraph (b) of subsection (3) of section
  170  944.35, Florida Statutes, is amended to read:
  171         944.35 Authorized use of force; malicious battery and
  172  sexual misconduct prohibited; reporting required; penalties.—
  173         (3)
  174         (b)1. As used in this paragraph, the term “sexual
  175  misconduct” means the oral, anal, or vaginal penetration by, or
  176  union with, the sexual organ of another or the anal or vaginal
  177  penetration of another by any other object, but does not include
  178  an act done for a bona fide medical purpose or an internal
  179  search conducted in the lawful performance of the employee’s
  180  duty.
  181         2. Any employee of the department or any employee of a
  182  private correctional facility, as defined in s. 944.710, who
  183  engages in sexual misconduct with an inmate or an offender
  184  supervised by the department in the community, without
  185  committing the crime of sexual battery, commits a felony of the
  186  third degree, punishable as provided in s. 775.082, s. 775.083,
  187  or s. 775.084.
  188         3. The consent of the inmate or offender supervised by the
  189  department in the community to any act of sexual misconduct may
  190  not be raised as a defense to a prosecution under this
  191  paragraph.
  192         4. This paragraph does not apply to any employee of the
  193  department or any employee of a private correctional facility
  194  who is legally married to an inmate or an offender supervised by
  195  the department in the community, nor does it apply to any
  196  employee who has no knowledge, and would have no reason to
  197  believe, that the person with whom the employee has engaged in
  198  sexual misconduct is an inmate or an offender under community
  199  supervision of the department.
  200         Section 6. Section 945.604, Florida Statutes, is created to
  201  read:
  202         945.604Medical claims.—
  203         (1)DEFINITION OF “CLAIM.”As used in this section, for a
  204  noninstitutional health care provider the term “claim” means a
  205  paper or electronic billing instrument submitted to the
  206  department that consists of the HCFA 1500 data set, or its
  207  successor, that has all mandatory entries for a physician
  208  licensed under chapter 458, chapter 459, chapter 460, chapter
  209  461, or chapter 463 or a psychologist licensed under chapter 490
  210  or any appropriate billing instrument that has all mandatory
  211  entries for any other noninstitutional health care provider. For
  212  an institutional health care provider, the term “claim” means a
  213  paper or electronic billing instrument submitted to the
  214  department that consists of the UB-92 data set or its successor
  215  with entries stated as mandatory by the National Uniform Billing
  216  Committee.
  217         (2)SUBMISSION DATE.—Claims for payment or underpayment are
  218  considered submitted on the date the claim for payment is mailed
  219  or electronically transferred to the department by the health
  220  care provider. Claims for overpayment are considered submitted
  221  on the date the claim for overpayment is mailed or
  222  electronically transferred to the health care provider by the
  223  department.
  224         (3)CLAIMS FOR PAYMENT OR UNDERPAYMENT.
  225         (a)Claims for payment or underpayment must be submitted to
  226  the department within 6 months after the following have
  227  occurred:
  228         1.The discharge of the inmate for inpatient services
  229  rendered to the inmate or the date of service for outpatient
  230  services rendered to the inmate; and
  231         2.The health care provider has been furnished with the
  232  correct name and address of the department.
  233         (b)Claims for payment or underpayment must not duplicate a
  234  claim previously submitted unless it is determined the original
  235  claim was not received or is otherwise lost.
  236         (c)The department is not obligated to pay claims for
  237  payment or underpayment that were not submitted in accordance
  238  with paragraph (a).
  239         (4)CLAIMS FOR OVERPAYMENT.
  240         (a)If the department determines that it has made an
  241  overpayment to a health care provider for services rendered to
  242  an inmate, it must make a claim for such overpayment to the
  243  provider’s designated location. The department shall provide a
  244  written or electronic statement specifying the basis for
  245  overpayment. The department must identify the claim or claims,
  246  or overpayment claim portion thereof, for which a claim for
  247  overpayment is submitted.
  248         (b)The department must submit a claim for overpayment to a
  249  health care provider within 30 months after the department’s
  250  payment of the claim, except that claims for overpayment may be
  251  submitted beyond that time from providers convicted of fraud
  252  pursuant to s. 817.234.
  253         (c)Health care providers are not obligated to pay claims
  254  for overpayment that were not submitted in accordance with
  255  paragraph (b).
  256         (d)A health care provider must pay, deny, or contest the
  257  department’s claim for overpayment within 40 days after the
  258  receipt of the claim for overpayment.
  259         (e)A health care provider that denies or contests the
  260  department’s claim for overpayment or any portion of a claim
  261  shall notify the department, in writing, within 40 days after
  262  the provider receives the claim. The notice that the claim for
  263  overpayment is denied or contested must identify the contested
  264  portion of the claim and the specific reason for contesting or
  265  denying the claim and, if contested, must include a request for
  266  additional information.
  267         (f)All contested claims for overpayment must be paid or
  268  denied within 120 days after receipt of the claim. Failure to
  269  pay or deny the claim for overpayment within 140 days after
  270  receipt creates an uncontestable obligation to pay the claim.
  271         (g)The department may not reduce payment to the health
  272  care provider for other services unless the provider agrees to
  273  the reduction or fails to respond to the department’s claim for
  274  overpayment as required by this subsection.
  275         (5)NONWAIVER OF PROVISIONS.—The provisions of this section
  276  may not be waived, voided, or nullified by contract.
  277         Section 7. Section 945.6041, Florida Statutes, is created
  278  to read:
  279         945.6041Inmate medical services.—
  280         (1)As used in this section, the term:
  281         (a)“Emergency medical transportation services” includes,
  282  but is not limited to, services rendered by ambulances,
  283  emergency medical services vehicles, and air ambulances as those
  284  terms are defined in s. 401.23.
  285         (b)“Health care provider” has the same meaning as provided
  286  in s. 766.105.
  287         (2)(a)If no contract for the provision of inmate medical
  288  services exists between the department and a health care
  289  provider or between a private correctional facility, as defined
  290  in s. 944.710, and a health care provider, compensation for such
  291  services may not exceed 110 percent of the Medicare allowable
  292  rate.
  293         (b)Notwithstanding paragraph (a), if no contract for the
  294  provision of inmate medical services exists between the
  295  department and a health care provider or between a private
  296  correctional facility, as defined in s. 944.710, and a health
  297  care provider that reported to the Agency for Health Care
  298  Administration, through hospital-audited financial data, a
  299  negative operating margin for the previous year, compensation
  300  for such services may not exceed 125 percent of the Medicare
  301  allowable rate.
  302         (3)If no contract for emergency medical transportation
  303  services exists between the department and an entity that
  304  provides emergency medical transportation services or between a
  305  private correctional facility, as defined in s. 944.710, and an
  306  entity that provides emergency medical transportation services,
  307  compensation for such services may not exceed 110 percent of the
  308  Medicare allowable rate.
  309         (4)This section is not applicable to charges for medical
  310  services provided at any hospital operated by the department.
  311         Section 8. Paragraphs (a) and (b) of subsection (7) of
  312  section 947.1405, Florida Statutes, are amended to read:
  313         947.1405 Conditional release program.—
  314         (7)(a) Any inmate who is convicted of a crime committed on
  315  or after October 1, 1995, or who has been previously convicted
  316  of a crime committed on or after October 1, 1995, in violation
  317  of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
  318  847.0145, and is subject to conditional release supervision,
  319  shall have, in addition to any other conditions imposed, the
  320  following special conditions imposed by the commission:
  321         1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
  322  may designate another 8-hour period if the offender’s employment
  323  precludes the above specified time, and such alternative is
  324  recommended by the Department of Corrections. If the commission
  325  determines that imposing a curfew would endanger the victim, the
  326  commission may consider alternative sanctions.
  327         2.a. If the victim was under the age of 18, a prohibition
  328  on living within 1,000 feet of a school, child care facility day
  329  care center, park as defined in s. 794.0701, playground,
  330  designated public school bus stop, or other place where children
  331  regularly congregate. A releasee who is subject to this
  332  subparagraph may not relocate to a residence that is within
  333  1,000 feet of a public school bus stop.
  334         b. Beginning October 1, 2004, the commission or the
  335  department may not approve a residence that is located within
  336  1,000 feet of a school, child care facility day care center,
  337  park as defined in s. 794.0701, playground, designated school
  338  bus stop, or other place where children regularly congregate for
  339  any releasee who is subject to this subparagraph. On October 1,
  340  2004, the department shall notify each affected school district
  341  of the location of the residence of a releasee 30 days prior to
  342  release and thereafter, if the releasee relocates to a new
  343  residence, shall notify any affected school district of the
  344  residence of the releasee within 30 days after relocation. If,
  345  on October 1, 2004, any public school bus stop is located within
  346  1,000 feet of the existing residence of such releasee, the
  347  district school board shall relocate that school bus stop.
  348  Beginning October 1, 2004, a district school board may not
  349  establish or relocate a public school bus stop within 1,000 feet
  350  of the residence of a releasee who is subject to this
  351  subparagraph. The failure of the district school board to comply
  352  with this subparagraph shall not result in a violation of
  353  conditional release supervision.
  354         3. Active participation in and successful completion of a
  355  sex offender treatment program with qualified practitioners
  356  specifically trained to treat sex offenders, at the releasee’s
  357  own expense. If a qualified practitioner is not available within
  358  a 50-mile radius of the releasee’s residence, the offender shall
  359  participate in other appropriate therapy.
  360         4. A prohibition on any contact with the victim, directly
  361  or indirectly, including through a third person, unless approved
  362  by the victim, the offender’s therapist, and the sentencing
  363  court.
  364         5. If the victim was under the age of 18, a prohibition
  365  against contact with children under the age of 18 without review
  366  and approval by the commission. The commission may approve
  367  supervised contact with a child under the age of 18 if the
  368  approval is based upon a recommendation for contact issued by a
  369  qualified practitioner who is basing the recommendation on a
  370  risk assessment. Further, the sex offender must be currently
  371  enrolled in or have successfully completed a sex offender
  372  therapy program. The commission may not grant supervised contact
  373  with a child if the contact is not recommended by a qualified
  374  practitioner and may deny supervised contact with a child at any
  375  time. When considering whether to approve supervised contact
  376  with a child, the commission must review and consider the
  377  following:
  378         a. A risk assessment completed by a qualified practitioner.
  379  The qualified practitioner must prepare a written report that
  380  must include the findings of the assessment and address each of
  381  the following components:
  382         (I) The sex offender’s current legal status;
  383         (II) The sex offender’s history of adult charges with
  384  apparent sexual motivation;
  385         (III) The sex offender’s history of adult charges without
  386  apparent sexual motivation;
  387         (IV) The sex offender’s history of juvenile charges,
  388  whenever available;
  389         (V) The sex offender’s offender treatment history,
  390  including a consultation from the sex offender’s treating, or
  391  most recent treating, therapist;
  392         (VI) The sex offender’s current mental status;
  393         (VII) The sex offender’s mental health and substance abuse
  394  history as provided by the Department of Corrections;
  395         (VIII) The sex offender’s personal, social, educational,
  396  and work history;
  397         (IX) The results of current psychological testing of the
  398  sex offender if determined necessary by the qualified
  399  practitioner;
  400         (X) A description of the proposed contact, including the
  401  location, frequency, duration, and supervisory arrangement;
  402         (XI) The child’s preference and relative comfort level with
  403  the proposed contact, when age-appropriate;
  404         (XII) The parent’s or legal guardian’s preference regarding
  405  the proposed contact; and
  406         (XIII) The qualified practitioner’s opinion, along with the
  407  basis for that opinion, as to whether the proposed contact would
  408  likely pose significant risk of emotional or physical harm to
  409  the child.
  410  
  411  The written report of the assessment must be given to the
  412  commission.
  413         b. A recommendation made as a part of the risk-assessment
  414  report as to whether supervised contact with the child should be
  415  approved;
  416         c. A written consent signed by the child’s parent or legal
  417  guardian, if the parent or legal guardian is not the sex
  418  offender, agreeing to the sex offender having supervised contact
  419  with the child after receiving full disclosure of the sex
  420  offender’s present legal status, past criminal history, and the
  421  results of the risk assessment. The commission may not approve
  422  contact with the child if the parent or legal guardian refuses
  423  to give written consent for supervised contact;
  424         d. A safety plan prepared by the qualified practitioner,
  425  who provides treatment to the offender, in collaboration with
  426  the sex offender, the child’s parent or legal guardian, and the
  427  child, when age appropriate, which details the acceptable
  428  conditions of contact between the sex offender and the child.
  429  The safety plan must be reviewed and approved by the Department
  430  of Corrections before being submitted to the commission; and
  431         e. Evidence that the child’s parent or legal guardian, if
  432  the parent or legal guardian is not the sex offender,
  433  understands the need for and agrees to the safety plan and has
  434  agreed to provide, or to designate another adult to provide,
  435  constant supervision any time the child is in contact with the
  436  offender.
  437  
  438  The commission may not appoint a person to conduct a risk
  439  assessment and may not accept a risk assessment from a person
  440  who has not demonstrated to the commission that he or she has
  441  met the requirements of a qualified practitioner as defined in
  442  this section.
  443         6. If the victim was under age 18, a prohibition on working
  444  for pay or as a volunteer at any school, child care facility day
  445  care center, park as defined in s. 794.0701, playground, or
  446  other place where children regularly congregate, as prescribed
  447  by the commission.
  448         7. Unless otherwise indicated in the treatment plan
  449  provided by the sexual offender treatment program, a prohibition
  450  on viewing, owning, or possessing any obscene, pornographic, or
  451  sexually stimulating visual or auditory material, including
  452  telephone, electronic media, computer programs, or computer
  453  services that are relevant to the offender’s deviant behavior
  454  pattern.
  455         8. Effective for a releasee whose crime is committed on or
  456  after July 1, 2005, a prohibition on accessing the Internet or
  457  other computer services until the offender’s sex offender
  458  treatment program, after a risk assessment is completed,
  459  approves and implements a safety plan for the offender’s
  460  accessing or using the Internet or other computer services.
  461         9. A requirement that the releasee must submit two
  462  specimens of blood to the Florida Department of Law Enforcement
  463  to be registered with the DNA database.
  464         10. A requirement that the releasee make restitution to the
  465  victim, as determined by the sentencing court or the commission,
  466  for all necessary medical and related professional services
  467  relating to physical, psychiatric, and psychological care.
  468         11. Submission to a warrantless search by the community
  469  control or probation officer of the probationer’s or community
  470  controllee’s person, residence, or vehicle.
  471         (b) For a releasee whose crime was committed on or after
  472  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  473  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  474  conditional release supervision, in addition to any other
  475  provision of this subsection, the commission shall impose the
  476  following additional conditions of conditional release
  477  supervision:
  478         1. As part of a treatment program, participation in a
  479  minimum of one annual polygraph examination to obtain
  480  information necessary for risk management and treatment and to
  481  reduce the sex offender’s denial mechanisms. The polygraph
  482  examination must be conducted by a polygrapher trained
  483  specifically in the use of the polygraph for the monitoring of
  484  sex offenders, where available, and at the expense of the sex
  485  offender. The results of the polygraph examination shall not be
  486  used as evidence in a hearing to prove that a violation of
  487  supervision has occurred.
  488         2. Maintenance of a driving log and a prohibition against
  489  driving a motor vehicle alone without the prior approval of the
  490  supervising officer.
  491         3. A prohibition against obtaining or using a post office
  492  box without the prior approval of the supervising officer.
  493         4. If there was sexual contact, a submission to, at the
  494  probationer’s or community controllee’s expense, an HIV test
  495  with the results to be released to the victim or the victim’s
  496  parent or guardian.
  497         5. Electronic monitoring of any form when ordered by the
  498  commission. Any person being electronically monitored by the
  499  department as a result of placement on supervision shall be
  500  required to pay the department for electronic monitoring
  501  services at a rate that may not exceed the full cost of the
  502  monitoring service. Funds collected pursuant to this
  503  subparagraph shall be deposited in the General Revenue Fund. The
  504  department may exempt a person from the payment of all or any
  505  part of the electronic monitoring service if it finds that
  506  factors exist as provided in s. 948.09(3).
  507         Section 9. Subsections (4) through (10) of section 948.001,
  508  Florida Statutes, are renumbered as subsections (3) through (9),
  509  respectively, and subsection (3) of that section is amended to
  510  read:
  511         948.001 Definitions.—As used in this chapter, the term:
  512         (3)“Criminal quarantine community control” means intensive
  513  supervision, by officers with restricted caseloads, with a
  514  condition of 24-hour-per-day electronic monitoring, and a
  515  condition of confinement to a designated residence during
  516  designated hours.
  517         Section 10. Section 775.0877, Florida Statutes, is amended
  518  to read:
  519         775.0877 Criminal transmission of HIV; procedures;
  520  penalties.—
  521         (1) In any case in which a person has been convicted of or
  522  has pled nolo contendere or guilty to, regardless of whether
  523  adjudication is withheld, any of the following offenses, or the
  524  attempt thereof, which offense or attempted offense involves the
  525  transmission of body fluids from one person to another:
  526         (a) Section 794.011, relating to sexual battery,
  527         (b) Section 826.04, relating to incest,
  528         (c) Section 800.04(1), (2), and (3), relating to lewd,
  529  lascivious, or indecent assault or act upon any person less than
  530  16 years of age,
  531         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  532  relating to assault,
  533         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  534  relating to aggravated assault,
  535         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  536  relating to battery,
  537         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  538  relating to aggravated battery,
  539         (h) Section 827.03(1), relating to child abuse,
  540         (i) Section 827.03(2), relating to aggravated child abuse,
  541         (j) Section 825.102(1), relating to abuse of an elderly
  542  person or disabled adult,
  543         (k) Section 825.102(2), relating to aggravated abuse of an
  544  elderly person or disabled adult,
  545         (l) Section 827.071, relating to sexual performance by
  546  person less than 18 years of age,
  547         (m) Sections 796.03, 796.07, and 796.08, relating to
  548  prostitution, or
  549         (n) Section 381.0041(11)(b), relating to donation of blood,
  550  plasma, organs, skin, or other human tissue,
  551  
  552  the court shall order the offender to undergo HIV testing, to be
  553  performed under the direction of the Department of Health in
  554  accordance with s. 381.004, unless the offender has undergone
  555  HIV testing voluntarily or pursuant to procedures established in
  556  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  557  rule providing for HIV testing of criminal offenders or inmates,
  558  subsequent to her or his arrest for an offense enumerated in
  559  paragraphs (a)-(n) for which she or he was convicted or to which
  560  she or he pled nolo contendere or guilty. The results of an HIV
  561  test performed on an offender pursuant to this subsection are
  562  not admissible in any criminal proceeding arising out of the
  563  alleged offense.
  564         (2) The results of the HIV test must be disclosed under the
  565  direction of the Department of Health, to the offender who has
  566  been convicted of or pled nolo contendere or guilty to an
  567  offense specified in subsection (1), the public health agency of
  568  the county in which the conviction occurred and, if different,
  569  the county of residence of the offender, and, upon request
  570  pursuant to s. 960.003, to the victim or the victim’s legal
  571  guardian, or the parent or legal guardian of the victim if the
  572  victim is a minor.
  573         (3) An offender who has undergone HIV testing pursuant to
  574  subsection (1), and to whom positive test results have been
  575  disclosed pursuant to subsection (2), who commits a second or
  576  subsequent offense enumerated in paragraphs (1)(a)-(n), commits
  577  criminal transmission of HIV, a felony of the third degree,
  578  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
  579  subsection (7). A person may be convicted and sentenced
  580  separately for a violation of this subsection and for the
  581  underlying crime enumerated in paragraphs (1)(a)-(n).
  582         (4) An offender may challenge the positive results of an
  583  HIV test performed pursuant to this section and may introduce
  584  results of a backup test performed at her or his own expense.
  585         (5) Nothing in this section requires that an HIV infection
  586  have occurred in order for an offender to have committed
  587  criminal transmission of HIV.
  588         (6) For an alleged violation of any offense enumerated in
  589  paragraphs (1)(a)-(n) for which the consent of the victim may be
  590  raised as a defense in a criminal prosecution, it is an
  591  affirmative defense to a charge of violating this section that
  592  the person exposed knew that the offender was infected with HIV,
  593  knew that the action being taken could result in transmission of
  594  the HIV infection, and consented to the action voluntarily with
  595  that knowledge.
  596         (7)In addition to any other penalty provided by law for an
  597  offense enumerated in paragraphs (1)(a)-(n), the court may
  598  require an offender convicted of criminal transmission of HIV to
  599  serve a term of criminal quarantine community control, as
  600  described in s. 948.001.
  601         Section 11. Subsection (5) of section 384.34, Florida
  602  Statutes, is amended to read:
  603         384.34 Penalties.—
  604         (5) Any person who violates the provisions of s. 384.24(2)
  605  commits a felony of the third degree, punishable as provided in
  606  s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
  607  person who commits multiple violations of the provisions of s.
  608  384.24(2) commits a felony of the first degree, punishable as
  609  provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
  610  775.0877(7).
  611         Section 12. Subsection (5) of section 796.08, Florida
  612  Statutes, is amended to read:
  613         796.08 Screening for HIV and sexually transmissible
  614  diseases; providing penalties.—
  615         (5) A person who:
  616         (a) Commits or offers to commit prostitution; or
  617         (b) Procures another for prostitution by engaging in sexual
  618  activity in a manner likely to transmit the human
  619  immunodeficiency virus,
  620  
  621  and who, prior to the commission of such crime, had tested
  622  positive for human immunodeficiency virus and knew or had been
  623  informed that he or she had tested positive for human
  624  immunodeficiency virus and could possibly communicate such
  625  disease to another person through sexual activity commits
  626  criminal transmission of HIV, a felony of the third degree,
  627  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  628  or s. 775.0877(7). A person may be convicted and sentenced
  629  separately for a violation of this subsection and for the
  630  underlying crime of prostitution or procurement of prostitution.
  631         Section 13. Subsections (2) and (3) of section 921.187,
  632  Florida Statutes, are amended to read:
  633         921.187 Disposition and sentencing; alternatives;
  634  restitution.—
  635         (2)In addition to any other penalty provided by law for an
  636  offense enumerated in s. 775.0877(1)(a)-(n), if the offender is
  637  convicted of criminal transmission of HIV pursuant to s.
  638  775.0877, the court may sentence the offender to criminal
  639  quarantine community control as described in s. 948.001.
  640         (2)(3) The court shall require an offender to make
  641  restitution under s. 775.089, unless the court finds clear and
  642  compelling reasons not to order such restitution. If the court
  643  does not order restitution, or orders restitution of only a
  644  portion of the damages, as provided in s. 775.089, the court
  645  shall state the reasons on the record in detail. An order
  646  requiring an offender to make restitution to a victim under s.
  647  775.089 does not remove or diminish the requirement that the
  648  court order payment to the Crimes Compensation Trust Fund under
  649  chapter 960.
  650         Section 14. Subsection (1) of section 948.01, Florida
  651  Statutes, is amended to read:
  652         948.01 When court may place defendant on probation or into
  653  community control.—
  654         (1)(a) Any court of the state having original jurisdiction
  655  of criminal actions may at a time to be determined by the court,
  656  either with or without an adjudication of the guilt of the
  657  defendant, hear and determine the question of the probation of a
  658  defendant in a criminal case, except for an offense punishable
  659  by death, who has been found guilty by the verdict of a jury,
  660  has entered a plea of guilty or a plea of nolo contendere, or
  661  has been found guilty by the court trying the case without a
  662  jury. If the court places the defendant on probation or into
  663  community control for a felony, the department shall provide
  664  immediate supervision by an officer employed in compliance with
  665  the minimum qualifications for officers as provided in s.
  666  943.13. In no circumstances shall a private entity provide
  667  probationary or supervision services to felony or misdemeanor
  668  offenders sentenced or placed on probation or other supervision
  669  by the circuit court.
  670         (b)The department, in consultation with the Office of the
  671  State Courts Administrator, shall develop and disseminate to the
  672  courts uniform order of supervision forms by July 1 of each
  673  year, or as necessary. Courts shall use the uniform order of
  674  supervision forms provided by the department for all persons
  675  placed on community supervision.
  676         Section 15. Subsection (1) of section 948.03, Florida
  677  Statutes, is amended to read:
  678         948.03 Terms and conditions of probation.—
  679         (1) The court shall determine the terms and conditions of
  680  probation. Conditions specified in this section do not require
  681  oral pronouncement at the time of sentencing and may be
  682  considered standard conditions of probation. These conditions
  683  may include among them the following, that the probationer or
  684  offender in community control shall:
  685         (a) Report to the probation and parole supervisors as
  686  directed.
  687         (b) Permit such supervisors to visit him or her at his or
  688  her home or elsewhere.
  689         (c) Work faithfully at suitable employment insofar as may
  690  be possible.
  691         (d) Remain within a specified place.
  692         (e)Live without violating any law. A conviction in a court
  693  of law shall not be necessary for such a violation of law to
  694  constitute a violation of probation, community control, or any
  695  other form of court-ordered supervision.
  696         (f)(e) Make reparation or restitution to the aggrieved
  697  party for the damage or loss caused by his or her offense in an
  698  amount to be determined by the court. The court shall make such
  699  reparation or restitution a condition of probation, unless it
  700  determines that clear and compelling reasons exist to the
  701  contrary. If the court does not order restitution, or orders
  702  restitution of only a portion of the damages, as provided in s.
  703  775.089, it shall state on the record in detail the reasons
  704  therefor.
  705         (g)(f) Effective July 1, 1994, and applicable for offenses
  706  committed on or after that date, make payment of the debt due
  707  and owing to a county or municipal detention facility under s.
  708  951.032 for medical care, treatment, hospitalization, or
  709  transportation received by the felony probationer while in that
  710  detention facility. The court, in determining whether to order
  711  such repayment and the amount of such repayment, shall consider
  712  the amount of the debt, whether there was any fault of the
  713  institution for the medical expenses incurred, the financial
  714  resources of the felony probationer, the present and potential
  715  future financial needs and earning ability of the probationer,
  716  and dependents, and other appropriate factors.
  717         (h)(g) Support his or her legal dependents to the best of
  718  his or her ability.
  719         (i)(h) Make payment of the debt due and owing to the state
  720  under s. 960.17, subject to modification based on change of
  721  circumstances.
  722         (j)(i) Pay any application fee assessed under s.
  723  27.52(1)(b) and attorney’s fees and costs assessed under s.
  724  938.29, subject to modification based on change of
  725  circumstances.
  726         (k)(j) Not associate with persons engaged in criminal
  727  activities.
  728         (l)(k)1. Submit to random testing as directed by the
  729  correctional probation officer or the professional staff of the
  730  treatment center where he or she is receiving treatment to
  731  determine the presence or use of alcohol or controlled
  732  substances.
  733         2. If the offense was a controlled substance violation and
  734  the period of probation immediately follows a period of
  735  incarceration in the state correction system, the conditions
  736  shall include a requirement that the offender submit to random
  737  substance abuse testing intermittently throughout the term of
  738  supervision, upon the direction of the correctional probation
  739  officer as defined in s. 943.10(3).
  740         (m)(l) Be prohibited from possessing, carrying, or owning
  741  any firearm unless authorized by the court and consented to by
  742  the probation officer.
  743         (n)(m) Be prohibited from using intoxicants to excess or
  744  possessing any drugs or narcotics unless prescribed by a
  745  physician. The probationer or community controllee shall not
  746  knowingly visit places where intoxicants, drugs, or other
  747  dangerous substances are unlawfully sold, dispensed, or used.
  748         (o)(n) Submit to the drawing of blood or other biological
  749  specimens as prescribed in ss. 943.325 and 948.014, and
  750  reimburse the appropriate agency for the costs of drawing and
  751  transmitting the blood or other biological specimens to the
  752  Department of Law Enforcement.
  753         (p)Submit to the taking of a digitized photograph by the
  754  department as a part of the offender’s records. This photograph
  755  may be displayed on the department’s public website while the
  756  offender is on a form of court-ordered supervision, with the
  757  exception of offenders on pretrial intervention supervision, or
  758  who would otherwise be exempt from public records due to
  759  provisions in s. 119.07.
  760         Section 16. Subsections (2) and (7) of section 948.09,
  761  Florida Statutes, are amended to read:
  762         948.09 Payment for cost of supervision and rehabilitation.—
  763         (2) Any person being electronically monitored by the
  764  department as a result of placement on supervision community
  765  control shall be required to pay the department for electronic
  766  monitoring services at a rate as a surcharge an amount that may
  767  not exceed the full cost of the monitoring service in addition
  768  to the cost of supervision fee as directed by the sentencing
  769  court. Funds collected pursuant to this subsection The surcharge
  770  shall be deposited in the General Revenue Fund. The department
  771  may exempt a person from the payment of all or any part of the
  772  electronic monitoring service if it finds that factors exist as
  773  provided in subsection (3).
  774         (7) The department shall establish a payment plan for all
  775  costs ordered by the courts for collection by the department and
  776  a priority order for payments, except that victim restitution
  777  payments authorized under s. 948.03(1)(f)(e) take precedence
  778  over all other court-ordered payments. The department is not
  779  required to disburse cumulative amounts of less than $10 to
  780  individual payees established on this payment plan.
  781         Section 17. Section 948.101, Florida Statutes, is amended
  782  to read:
  783         948.101 Terms and conditions of community control and
  784  criminal quarantine community control.—
  785         (1) The court shall determine the terms and conditions of
  786  community control. Conditions specified in this subsection do
  787  not require oral pronouncement at the time of sentencing and may
  788  be considered standard conditions of community control.
  789         (a) The court shall require intensive supervision and
  790  surveillance for an offender placed into community control,
  791  which may include but is not limited to:
  792         (a)1. Specified contact with the parole and probation
  793  officer.
  794         (b)2. Confinement to an agreed-upon residence during hours
  795  away from employment and public service activities.
  796         (c)3. Mandatory public service.
  797         (d)4. Supervision by the Department of Corrections by means
  798  of an electronic monitoring device or system.
  799         (e)5. The standard conditions of probation set forth in s.
  800  948.03 or s. 948.30.
  801         (b)For an offender placed on criminal quarantine community
  802  control, the court shall require:
  803         1.Electronic monitoring 24 hours per day.
  804         2.Confinement to a designated residence during designated
  805  hours.
  806         (2) The enumeration of specific kinds of terms and
  807  conditions does not prevent the court from adding thereto any
  808  other terms or conditions that the court considers proper.
  809  However, the sentencing court may only impose a condition of
  810  supervision allowing an offender convicted of s. 794.011, s.
  811  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
  812  another state if the order stipulates that it is contingent upon
  813  the approval of the receiving state interstate compact
  814  authority. The court may rescind or modify at any time the terms
  815  and conditions theretofore imposed by it upon the offender in
  816  community control. However, if the court withholds adjudication
  817  of guilt or imposes a period of incarceration as a condition of
  818  community control, the period may not exceed 364 days, and
  819  incarceration shall be restricted to a county facility, a
  820  probation and restitution center under the jurisdiction of the
  821  Department of Corrections, a probation program drug punishment
  822  phase I secure residential treatment institution, or a community
  823  residential facility owned or operated by any entity providing
  824  such services.
  825         (3)The court may place a defendant who is being sentenced
  826  for criminal transmission of HIV in violation of s. 775.0877 on
  827  criminal quarantine community control. The Department of
  828  Corrections shall develop and administer a criminal quarantine
  829  community control program emphasizing intensive supervision with
  830  24-hour-per-day electronic monitoring. Criminal quarantine
  831  community control status must include surveillance and may
  832  include other measures normally associated with community
  833  control, except that specific conditions necessary to monitor
  834  this population may be ordered.
  835         Section 18. Section 948.11, Florida Statutes, is amended to
  836  read:
  837         948.11 Electronic monitoring devices.—
  838         (1)(a) The Department of Corrections may, at its
  839  discretion, electronically monitor an offender sentenced to
  840  community control.
  841         (b)The Department of Corrections shall electronically
  842  monitor an offender sentenced to criminal quarantine community
  843  control 24 hours per day.
  844         (2)Any offender placed on community control who violates
  845  the terms and conditions of community control and is restored to
  846  community control may be supervised by means of an electronic
  847  monitoring device or system.
  848         (3)For those offenders being electronically monitored, the
  849  Department of Corrections shall develop procedures to determine,
  850  investigate, and report the offender’s noncompliance with the
  851  terms and conditions of sentence 24 hours per day. All reports
  852  of noncompliance shall be immediately investigated by a
  853  community control officer.
  854         (4)The Department of Corrections may contract with local
  855  law enforcement agencies to assist in the location and
  856  apprehension of offenders who are in noncompliance as reported
  857  by the electronic monitoring system. This contract is intended
  858  to provide the department a means for providing immediate
  859  investigation of noncompliance reports, especially after normal
  860  office hours.
  861         (2)(5) Any person being electronically monitored by the
  862  department as a result of placement on supervision community
  863  control shall be required to pay the department for electronic
  864  monitoring services a surcharge as provided in s. 948.09(2).
  865         (3)(6) For probationers, community controllees, or
  866  conditional releasees who have current or prior convictions for
  867  violent or sexual offenses, the department, in carrying out a
  868  court or commission order to electronically monitor an offender,
  869  must use a system that actively monitors and identifies the
  870  offender’s location and timely reports or records the offender’s
  871  presence near or within a crime scene or in a prohibited area or
  872  the offender’s departure from specified geographic limitations.
  873  Procurement of electronic monitoring services under this
  874  subsection shall be by competitive procurement in accordance
  875  with invitation to bid as defined in s. 287.057.
  876         (4)(7) A person who intentionally alters, tampers with,
  877  damages, or destroys any electronic monitoring equipment
  878  pursuant to court or commission order, unless such person is the
  879  owner of the equipment, or an agent of the owner, performing
  880  ordinary maintenance and repairs, commits a felony of the third
  881  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  882  775.084.
  883         Section 19. Paragraph (b) of subsection (1) and subsection
  884  (3) of section 948.30, Florida Statutes, are amended to read:
  885         948.30 Additional terms and conditions of probation or
  886  community control for certain sex offenses.—Conditions imposed
  887  pursuant to this section do not require oral pronouncement at
  888  the time of sentencing and shall be considered standard
  889  conditions of probation or community control for offenders
  890  specified in this section.
  891         (1) Effective for probationers or community controllees
  892  whose crime was committed on or after October 1, 1995, and who
  893  are placed under supervision for violation of chapter 794, s.
  894  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
  895  must impose the following conditions in addition to all other
  896  standard and special conditions imposed:
  897         (b) If the victim was under the age of 18, a prohibition on
  898  living within 1,000 feet of a school, child care facility day
  899  care center, park as defined in s. 794.0701, playground, or
  900  other place where children regularly congregate, as prescribed
  901  by the court. The 1,000-foot distance shall be measured in a
  902  straight line from the offender’s place of residence to the
  903  nearest boundary line of the school, child care facility day
  904  care center, park as defined in s. 794.0701, playground, or
  905  other place where children regularly congregate. The distance
  906  may not be measured by a pedestrian route or automobile route.
  907         (3) Effective for a probationer or community controllee
  908  whose crime was committed on or after September 1, 2005, and
  909  who:
  910         (a) Is placed on probation or community control for a
  911  violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
  912  or s. 847.0145 and the unlawful sexual activity involved a
  913  victim younger than 16 15 years of age or younger and the
  914  offender is 18 years of age or older;
  915         (b) Is designated a sexual predator pursuant to s. 775.21;
  916  or
  917         (c) Has previously been convicted of a violation of chapter
  918  794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and
  919  the unlawful sexual activity involved a victim younger than 16
  920  15 years of age or younger and the offender is 18 years of age
  921  or older,
  922  
  923  the court must order, in addition to any other provision of this
  924  section, mandatory electronic monitoring as a condition of the
  925  probation or community control supervision.
  926         Section 20. Subsection (2) and paragraph (e) of subsection
  927  (9) of section 951.23, Florida Statutes, are amended to read:
  928         951.23 County and municipal detention facilities;
  929  definitions; administration; standards and requirements.—
  930         (2) COLLECTION OF INFORMATION.—In conjunction with the
  931  administrators of county detention facilities, the Department of
  932  Corrections shall develop an instrument for the collection of
  933  information from the administrator of each county detention
  934  facility. Whenever possible, the information shall be
  935  transmitted by the administrator to the Department of
  936  Corrections electronically or in a computer readable format. The
  937  information shall be provided on a monthly basis and shall
  938  include, but is not limited to, the following:
  939         (a) The number of persons housed per day who are:
  940         1. Felons sentenced to cumulative sentences of
  941  incarceration of 364 days or less.
  942         2. Felons sentenced to cumulative sentences of
  943  incarceration of 365 days or more.
  944         3. Sentenced misdemeanants.
  945         4. Awaiting trial on at least one felony charge.
  946         5. Awaiting trial on misdemeanor charges only.
  947         6. Convicted felons and misdemeanants who are awaiting
  948  sentencing.
  949         7. Juveniles.
  950         8. State parole violators.
  951         9. State inmates who were transferred from a state
  952  correctional facility, as defined in s. 944.02, to the county
  953  detention facility.
  954         (b)The number of persons housed per day, admitted per
  955  month, and housed on the last day of the month, by age, race,
  956  sex, country of citizenship, country of birth, and immigration
  957  status classified as one of the following:
  958         1.Permanent legal resident of the United States.
  959         2.Legal visitor.
  960         3.Undocumented or illegal alien.
  961         4.Unknown status.
  962         (b)(c) The number of persons housed per day:
  963         1. Pursuant to part I of chapter 394, “The Florida Mental
  964  Health Act.”
  965         2. Pursuant to chapter 397, “Substance Abuse Services.”
  966         (d)The cost per day for housing a person in the county
  967  detention facility.
  968         (e)The number of persons admitted per month, and the
  969  number of persons housed on the last day of the month, by age,
  970  race, and sex, who are:
  971         1.Felons sentenced to cumulative sentences of
  972  incarceration of 364 days or less.
  973         2.Felons sentenced to cumulative sentences of
  974  incarceration of 365 days or more.
  975         3.Sentenced misdemeanants.
  976         4.Awaiting trial on at least one felony charge.
  977         5.Awaiting trial on misdemeanor charges only.
  978         6.Convicted felons and misdemeanants who are awaiting
  979  sentencing.
  980         7.Juveniles.
  981         8.State parole violators.
  982         9.State inmates who were transferred from a state
  983  correctional facility, as defined in s. 944.02, to the county
  984  detention facility.
  985         (f)The number of persons admitted per month, by age, race,
  986  and sex:
  987         1.Pursuant to part I of chapter 394, “The Florida Mental
  988  Health Act.”
  989         2.Pursuant to chapter 397, “Substance Abuse Services.”
  990         (9) INMATE COMMISSARY AND WELFARE FUND.—
  991         (e) The officer in charge shall be responsible for an audit
  992  of the fiscal management of the commissary by a disinterested
  993  party on an annual basis, which shall include certification of
  994  compliance with the pricing requirements of paragraph (1)(b)
  995  above. Appropriate transaction records and stock inventory shall
  996  be kept current.
  997         Section 21. Paragraph (c) of subsection (5) of section
  998  958.045, Florida Statutes, is amended to read:
  999         958.045 Youthful offender basic training program.—
 1000         (5)
 1001         (c) The portion of the sentence served prior to placement
 1002  in the basic training program may not be counted toward program
 1003  completion. Within 30 days before to the scheduled completion of
 1004  the basic training program, the department shall submit a report
 1005  to the court that describes the offender’s performance. If the
 1006  offender’s performance has been satisfactory, the court shall
 1007  issue an order modifying the sentence imposed and placing the
 1008  offender on probation effective upon the offender’s successful
 1009  completion of the remainder of the program. Upon the offender’s
 1010  completion of the basic training program, the department shall
 1011  submit a report to the court that describes the offender’s
 1012  performance. If the offender’s performance has been
 1013  satisfactory, the court shall issue an order modifying the
 1014  sentence imposed and placing the offender on probation. The term
 1015  of probation may include placement in a community residential
 1016  program. If the offender violates the conditions of probation,
 1017  the court may revoke probation and impose any sentence that it
 1018  might have originally imposed.
 1019         Section 22. Subsection (2) of section 960.292, Florida
 1020  Statutes, is amended to read:
 1021         960.292 Enforcement of the civil restitution lien through
 1022  civil restitution lien order.—The civil restitution lien shall
 1023  be made enforceable by means of a civil restitution lien order.
 1024         (2) Upon motion by the state, upon petition of the local
 1025  subdivision, crime victim, or aggrieved party, or on its own
 1026  motion, the court in which the convicted offender is convicted
 1027  shall enter civil restitution lien orders in favor of crime
 1028  victims, the state, its local subdivisions, and other aggrieved
 1029  parties. The court shall retain continuing jurisdiction over the
 1030  convicted offender for the sole purpose of entering civil
 1031  restitution lien orders for the duration of the sentence and up
 1032  to 5 years from release from incarceration or supervision,
 1033  whichever occurs later.
 1034         Section 23. Paragraph (b) of subsection (2) of section
 1035  960.293, Florida Statutes, is amended to read:
 1036         960.293 Determination of damages and losses.—
 1037         (2) Upon conviction, a convicted offender is liable to the
 1038  state and its local subdivisions for damages and losses for
 1039  incarceration costs and other correctional costs.
 1040         (b) If the conviction is for an offense other than a
 1041  capital or life felony, a liquidated damage amount of $50 per
 1042  day of the convicted offender’s sentence shall be assessed
 1043  against the convicted offender and in favor of the state or its
 1044  local subdivisions. Damages shall be based upon the length of
 1045  the sentence imposed by the court at the time of sentencing.
 1046         Section 24. Section 960.297, Florida Statutes, is amended
 1047  to read:
 1048         960.297 Authorization for governmental right of restitution
 1049  for costs of incarceration.—
 1050         (1) The state and its local subdivisions, in a separate
 1051  civil action or as counterclaim in any civil action, may seek
 1052  recovery of the damages and losses set forth in s. 960.293.
 1053         (2) For those convicted offenders convicted before July 1,
 1054  1994, the state and its local subdivisions, in a separate civil
 1055  action or as a counterclaim in any civil action, may seek
 1056  recovery of the damages and losses set forth in s. 960.293, for
 1057  the convicted offender’s remaining sentence after July 1, 1994.
 1058         (3)Civil actions authorized by the section may be
 1059  commenced anytime during the offender’s incarceration and up to
 1060  5 years after the date of the offender’s release from
 1061  incarceration or supervision, whichever occurs later.
 1062         Section 25. This act shall take effect July 1, 2009.

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