Criminal Rehabilitation

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A bill to be entitled 1
An act relating to criminal rehabilitation; amending 2
s. 921.002, F.S.; revising the legislative intent of 3
the Criminal Punishment Code; specifying that to 4
rehabilitate the offender to transition back to the 5
community successfully is one of the primary purposes 6
of sentencing; reducing the minimum sentence that must 7
be served by a defendant from 85 percent of the 8
sentence to 72 percent; amending s. 944.275, F.S.; 9
revising provisions concerning gain-time to provide 10
for outstanding deed gain-time, good behavior time, 11
and rehabilitation credits; providing requirements for 12
such gain-time and credits; providing for amounts to 13
be awarded; revising limits on the award of gain-time; 14
reducing the minimum sentence that must be served by a 15
defendant from 85 percent of the sentence to 72 16
percent; amending ss. 316.027, 316.1935, 381.004, 17
775.084, 775.0845, 775.0847, 775.0861, 775.0862, 18
775.087, 775.0875, 777.03, 777.04, 784.07, 794.011, 19
794.0115, 794.0116, 794.023, 810.145, 812.081, 20
817.568, 831.032, 843.22, 874.04, 944.281, 944.473, 21
944.70, 944.801, and 947.005, F.S.; conforming 22
provisions to changes made by the act; providing an 23
effective date. 24
25

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Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Subsection (1) of section 921.002, Florida 28
Statutes, is amended to read: 29
921.002 The Criminal Punishment Code.—The Criminal 30
Punishment Code shall apply to all felony offenses, except 31
capital felonies, committed on or after October 1, 1998. 32
(1) The provision of criminal penalties and of limitations 33
upon the application of such penalties is a matter of 34
predominantly substantive law and, as such, is a matter properly 35
addressed by the Legislature. The Legislature, in the exercise 36
of its authority and responsibility to establish sentencing 37
criteria, to provide for the imposition of criminal penalties, 38
and to make the best use of state prisons so that violent 39
criminal offenders are appropriately punished and rehabilitated 40
incarcerated, has determined that it is in the best interest of 41
the state to develop, implement, and revise a sentencing policy. 42
The Criminal Punishment Code embodies the principles that: 43
(a) Sentencing is neutral with respect to race, gender, 44
and social and economic status. 45
(b) The dual purposes primary purpose of sentencing in the 46
criminal justice system are is to punish the offender and 47
rehabilitate the offender to transition back to the community 48
successfully. Rehabilitation is a desired goal of the criminal 49
justice system but is subordinate to the goal of punishment. 50

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(c) The penalty imposed is commensurate with the severity 51
of the primary offense and the circumstances surrounding the 52
primary offense. 53
(d) The severity of the sentence increases with the length 54
and nature of the offender's prior record. 55
(e) The sentence imposed by the sentencing judge reflects 56
the length of actual time to be served, shortened only by the 57
application of outstanding deed incentive and meritorious gain-58
time, good behavior time, and rehabilitation credits as provided 59
by law, and may not be shortened if the defendant would 60
consequently serve less than 72 85 percent of his or her term of 61
imprisonment as provided in s. 944.275(4). The provisions of 62
Chapter 947, relating to parole, does shall not apply to persons 63
sentenced under the Criminal Punishment Code. 64
(f) Departures below the lowest permissible sentence 65
established by the code must be articulated in writing by the 66
trial court judge and made only when circumstances or factors 67
reasonably justify the mitigation of the sentence. The level of 68
proof necessary to establish facts that support a departure from 69
the lowest permissible sentence is a preponderance of the 70
evidence. 71
(g) The trial court judge may impose a sentence up to and 72
including the statutory maximum for any offense, including an 73
offense that is before the court due to a violation of probation 74
or community control. 75

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(h) A sentence may be appealed on the basis that it 76
departs from the Criminal Punishment Code only if the sentence 77
is below the lowest permissible sentence or as enumerated in s. 78
924.06(1). 79
(i) Use of incarcerative sanctions is prioritized toward 80
offenders convicted of serious offenses and certain offenders 81
who have long prior records, in order to maximize the finite 82
capacities of state and local correctional facilities. 83
Section 2. Section 944.275, Florida Statutes, is amended 84
to read: 85
944.275 Outstanding deed gain-time, good behavior time, 86
and rehabilitation credits.— 87
(1) The department is authorized to grant deductions from 88
sentences in the form of outstanding deed gain-time, good 89
behavior time, and rehabilitation credits in order to encourage 90
satisfactory prisoner behavior, to provide incentive for 91
prisoners to participate in productive activities, and to reward 92
prisoners who perform outstanding deeds or services. 93
(2)(a) The department shall establish for each prisoner 94
sentenced to a term of years a "maximum sentence expiration 95
date," which shall be the date when the sentence or combined 96
sentences imposed on a prisoner will expire. In establishing 97
this date, the department shall reduce the total time to be 98
served by any time lawfully credited. 99
(b) When a prisoner with an established maximum sentence 100

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expiration date is sentenced to an additional term or terms 101
without having been released from custody, the department shall 102
extend the maximum sentence expiration date by the length of 103
time imposed in the new sentence or sentences, less lawful 104
credits. 105
(c) When an escaped prisoner or a parole violator is 106
returned to the custody of the department, the maximum sentence 107
expiration date in effect when the escape occurred or the parole 108
was effective shall be extended by the amount of time the 109
prisoner was not in custody plus the time imposed in any new 110
sentence or sentences, but reduced by any lawful credits. 111
(3)(a) The department shall also establish for each 112
prisoner sentenced to a term of years a "tentative release date" 113
which shall be the date projected for the prisoner's release 114
from custody by virtue of outstanding deed gain-time, good 115
behavior time, or rehabilitation credits granted or forfeited as 116
described in this section. The initial tentative release date 117
shall be determined by deducting outstanding deed basic gain-118
time, good behavior time, or rehabilitation credits granted from 119
the maximum sentence expiration date. Outstanding deed Other 120
gain-time, good behavior time, and rehabilitation credits shall 121
be applied when granted or restored to make the tentative 122
release date proportionately earlier; and forfeitures of good 123
behavior time gain-time, when ordered, shall be applied to make 124
the tentative release date proportionately later. 125

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(b) When an initial tentative release date is 126
reestablished because of additional sentences imposed before the 127
prisoner has completely served all prior sentences, any 128
outstanding deed gain-time, good behavior time, or 129
rehabilitation credits granted during service of a prior 130
sentence and not forfeited shall be applied. 131
(c) The tentative release date may not be later than the 132
maximum sentence expiration date. 133
(4)(a) As a means of encouraging satisfactory behavior and 134
developing character traits necessary for successful reentry, 135
the department shall grant good behavior time basic gain-time at 136
the rate of 10 days for each month of each sentence imposed on a 137
prisoner, subject to the following: 138
1. Portions of any sentences to be served concurrently 139
shall be treated as a single sentence when determining good 140
behavior time basic gain-time. 141
2. Good behavior time Basic gain-time for a partial month 142
shall be prorated on the basis of a 30-day month. 143
3. When a prisoner receives a new maximum sentence 144
expiration date because of additional sentences imposed, good 145
behavior time basic gain-time shall be granted for the amount of 146
time the maximum sentence expiration date was extended. 147
(b) For each month in which an inmate works diligently, 148
participates in training or education, uses time constructively, 149
or otherwise engages in positive activities, the department may 150

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grant rehabilitation credits incentive gain-time in accordance 151
with this paragraph. The rate of rehabilitation credits 152
incentive gain-time in effect on the date the inmate committed 153
the offense which resulted in his or her incarceration shall be 154
the inmate's rate of eligibility to earn rehabilitation credits 155
incentive gain-time throughout the period of incarceration and 156
shall not be altered by a subsequent change in the severity 157
level of the offense for which the inmate was sentenced. 158
1. For sentences imposed for offenses committed before 159
prior to January 1, 1994, and after October 1, 1995, up to 20 160
days of rehabilitation credits incentive gain-time may be 161
granted. If granted, such rehabilitation credits gain-time shall 162
be credited and applied monthly. 163
2. For sentences imposed for offenses committed on or 164
after January 1, 1994, and before October 1, 1995: 165
a. For offenses ranked in offense severity levels 1 166
through 7, under former s. 921.0012 or former s. 921.0013, up to 167
25 days of rehabilitation credits incentive gain-time may be 168
granted. If granted, such rehabilitation credits gain-time shall 169
be credited and applied monthly. 170
b. For offenses ranked in offense severity levels 8, 9, 171
and 10, under former s. 921.0012 or former s. 921.0013, up to 20 172
days of rehabilitation credits incentive gain-time may be 173
granted. If granted, such gain-time shall be credited and 174
applied monthly. 175

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3. For sentences imposed for offenses committed on or 176
after October 1, 1995, the department may grant up to 10 days 177
per month of incentive gain-time. 178
(c) An inmate who performs some outstanding deed, such as 179
saving a life or assisting in recapturing an escaped inmate, or 180
who in some manner performs an outstanding service that would 181
merit the granting of additional deductions from the term of his 182
or her sentence may be granted outstanding deed meritorious 183
gain-time of from 30 1 to 60 days per outstanding deed 184
performed. 185
(d) Notwithstanding the monthly maximum awards of 186
rehabilitation credits incentive gain-time under subparagraphs 187
(b)1. and, 2., and 3., the education program manager shall 188
recommend, and the Department of Corrections shall may grant 189
awards, a one-time award of 60 additional days of rehabilitation 190
credits for successful completion of each of the following: 191
incentive gain-time to an inmate who is otherwise eligible and 192
who successfully completes requirements for and is, or has been 193
during the current commitment, awarded a high school equivalency 194
diploma, college degree, or vocational certificate, drug 195
treatment program, mental health treatment program, life skills 196
program, behavioral modification program, reentry program, or 197
equivalent rehabilitative program. Additionally, the department 198
shall grant 5 additional days of rehabilitation credits for 199
successful completion of any other department-approved program, 200

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including inmate-developed programs, or a passing grade in each 201
online or in-person educational course. Rehabilitation credits 202
awarded under this paragraph shall be retroactive. Under no 203
circumstances may an inmate receive more than 60 days for 204
educational attainment pursuant to this section. 205
(e) Notwithstanding the monthly maximum awards of 206
rehabilitation credits under subparagraphs (b)1. and 2., the 207
department may grant 2 additional days per month of good 208
behavior time to prisoners serving sentences for violations of 209
ss. 893.13 and 893.135, and such days granted shall be 210
retroactive. 211
(f)1.(e)1. Notwithstanding subparagraph (b)1. (b)3., for 212
sentences imposed for offenses committed on or after October 1, 213
2014, and before July 1, 2023, the department may not grant 214
rehabilitation credits incentive gain-time if the offense is a 215
violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 216
787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 217
800.04; s. 825.1025; or s. 847.0135(5). 218
2. Notwithstanding subparagraph (b)1. (b)3., for sentences 219
imposed for offenses committed on or after July 1, 2023, the 220
department may not grant rehabilitation credits incentive gain-221
time if the offense is for committing or attempting, soliciting, 222
or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s. 223
787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 224
excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 225

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847.0135(5). 226
(g)1.(f) An inmate who is subject to this subsection 227
subparagraph (b)3. is not eligible to earn or receive 228
outstanding deed gain-time or good behavior time under paragraph 229
(a), paragraph (b), paragraph (c), or paragraph (d) or any other 230
type of gain-time in an amount that would cause a sentence to 231
expire, end, or terminate, or that would result in a prisoner's 232
release, before prior to serving a minimum of 85 percent of the 233
sentence imposed. For purposes of this paragraph, credits 234
awarded by the court for time physically incarcerated shall be 235
credited toward satisfaction of 85 percent of the sentence 236
imposed. 237
2. A prisoner who is subject to this subsection may not 238
accumulate rehabilitation credits as described in paragraph (d) 239
in an amount that would allow a sentence to expire, end, or 240
terminate, or that would result in a prisoner's release, before 241
serving a minimum of 72 percent of the sentence imposed. 242
3. Except as provided by this section, a prisoner may not 243
accumulate further gain-time awards at any point when the 244
tentative release date is the same as that date at which the 245
prisoner will have served 72 85 percent of the sentence imposed. 246
State prisoners sentenced to life imprisonment shall be 247
incarcerated for the rest of their natural lives, unless granted 248
pardon or clemency. 249
(5) When a prisoner is found guilty of an infraction of 250

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the laws of this state or the rules of the department, good 251
behavior time not yet vested gain-time may be forfeited 252
according to law after due process. For purposes of this 253
subsection, good behavior time is deemed vested 2 years after 254
being granted. 255
(6)(a) Good behavior time Basic gain-time under this 256
section shall be computed on and applied to all sentences 257
imposed for offenses committed on or after July 1, 1978, and 258
before January 1, 1994. 259
(b) All outstanding deed incentive and meritorious gain-260
time, good behavior time, and rehabilitation credits are is 261
granted according to this section. 262
(c) All additional gain-time previously awarded under 263
former subsections (2) and (3) and all forfeitures ordered 264
before prior to the effective date of the act that created this 265
section shall remain in effect and be applied in establishing an 266
initial tentative release date. 267
(7) The department shall adopt rules to implement the 268
granting, forfeiture, restoration, and deletion of outstanding 269
deed gain-time, good behavior time, and rehabilitation credits. 270
Section 3. Paragraph (f) of subsection (2) of section 271
316.027, Florida Statutes, is amended to read: 272
316.027 Crash involving death or personal injuries.— 273
(2) 274
(f) For purposes of sentencing under chapter 921 and 275

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determining rehabilitation credit incentive gain-time 276
eligibility under chapter 944, an offense listed in this 277
subsection is ranked one level above the ranking specified in s. 278
921.0022 or s. 921.0023 for the offense committed if the victim 279
of the offense was a vulnerable road user. 280
Section 4. Subsection (6) of section 316.1935, Florida 281
Statutes, is amended to read: 282
316.1935 Fleeing or attempting to elude a law enforcement 283
officer; aggravated fleeing or eluding.— 284
(6) Notwithstanding s. 948.01, no court may suspend, 285
defer, or withhold adjudication of guilt or imposition of 286
sentence for any violation of this section. A person convicted 287
and sentenced to a mandatory minimum term of incarceration under 288
paragraph (3)(b) or paragraph (4)(b) is not eligible for 289
statutory gain-time or credits under s. 944.275 or any form of 290
discretionary early release, other than pardon or executive 291
clemency or conditional medical release under s. 947.149, before 292
prior to serving the mandatory minimum sentence. 293
Section 5. Paragraph (h) of subsection (2) of section 294
381.004, Florida Statutes, is amended to read: 295
381.004 HIV testing.— 296
(2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED 297
CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.— 298
(h) Paragraph (a) does not apply: 299
1. When testing for sexually transmissible diseases is 300

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required by state or federal law, or by rule, including the 301
following situations: 302
a. HIV testing pursuant to s. 796.08 of persons convicted 303
of prostitution or of procuring another to commit prostitution. 304
b. HIV testing of inmates pursuant to s. 945.355 before 305
their release from prison by reason of parole, accumulation of 306
gain-time or other credits, or expiration of sentence. 307
c. Testing for HIV by a medical examiner in accordance 308
with s. 406.11. 309
d. HIV testing of pregnant women pursuant to s. 384.31. 310
2. To those exceptions provided for blood, plasma, organs, 311
skin, semen, or other human tissue pursuant to s. 381.0041. 312
3. For the performance of an HIV-related test by licensed 313
medical personnel in bona fide medical emergencies if the test 314
results are necessary for medical diagnostic purposes to provide 315
appropriate emergency care or treatment to the person being 316
tested and the patient is unable to consent, as supported by 317
documentation in the medical record. Notification of test 318
results in accordance with paragraph (c) is required. 319
4. For the performance of an HIV-related test by licensed 320
medical personnel for medical diagnosis of acute illness where, 321
in the opinion of the attending physician, providing 322
notification would be detrimental to the patient, as supported 323
by documentation in the medical record, and the test results are 324
necessary for medical diagnostic purposes to provide appropriate 325

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care or treatment to the person being tested. Notification of 326
test results in accordance with paragraph (c) is required if it 327
would not be detrimental to the patient. This subparagraph does 328
not authorize the routine testing of patients for HIV infection 329
without notification. 330
5. If HIV testing is performed as part of an autopsy for 331
which consent was obtained pursuant to s. 872.04. 332
6. For the performance of an HIV test upon a defendant 333
pursuant to the victim's request in a prosecution for any type 334
of sexual battery where a blood sample is taken from the 335
defendant voluntarily, pursuant to court order for any purpose, 336
or pursuant to s. 775.0877, s. 951.27, or s. 960.003; however, 337
the results of an HIV test performed shall be disclosed solely 338
to the victim and the defendant, except as provided in ss. 339
775.0877, 951.27, and 960.003. 340
7. If an HIV test is mandated by court order. 341
8. For epidemiological research pursuant to s. 381.0031, 342
for research consistent with institutional review boards created 343
by 45 C.F.R. part 46, or for the performance of an HIV-related 344
test for the purpose of research, if the testing is performed in 345
a manner by which the identity of the test subject is not known 346
and may not be retrieved by the researcher. 347
9. If human tissue is collected lawfully without the 348
consent of the donor for corneal removal as authorized by s. 349
765.5185 or enucleation of the eyes as authorized by s. 765.519. 350

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10. For the performance of an HIV test upon an individual 351
who comes into contact with medical personnel in such a way that 352
a significant exposure has occurred during the course of 353
employment, within the scope of practice, or during the course 354
of providing emergency medical assistance to the individual. The 355
term "medical personnel" includes a licensed or certified health 356
care professional; an employee of a health care professional or 357
health care facility; employees of a laboratory licensed under 358
chapter 483; personnel of a blood bank or plasma center; a 359
medical student or other student who is receiving training as a 360
health care professional at a health care facility; and a 361
paramedic or emergency medical technician certified by the 362
department to perform life-support procedures under s. 401.23. 363
a. The occurrence of a significant exposure shall be 364
documented by medical personnel under the supervision of a 365
licensed physician and recorded only in the personnel record of 366
the medical personnel. 367
b. Costs of an HIV test shall be borne by the medical 368
personnel or the employer of the medical personnel. However, 369
costs of testing or treatment not directly related to the 370
initial HIV tests or costs of subsequent testing or treatment 371
may not be borne by the medical personnel or the employer of the 372
medical personnel. 373
c. In order to use the provisions of this subparagraph, 374
the medical personnel must be tested for HIV pursuant to this 375

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section or provide the results of an HIV test taken within 6 376
months before the significant exposure if such test results are 377
negative. 378
d. A person who receives the results of an HIV test 379
pursuant to this subparagraph shall maintain the confidentiality 380
of the information received and of the persons tested. Such 381
confidential information is exempt from s. 119.07(1). 382
e. If the source of the exposure is not available and will 383
not voluntarily present himself or herself to a health facility 384
to be tested for HIV, the medical personnel or the employer of 385
such person acting on behalf of the employee may seek a court 386
order directing the source of the exposure to submit to HIV 387
testing. A sworn statement by a physician licensed under chapter 388
458 or chapter 459 that a significant exposure has occurred and 389
that, in the physician's medical judgment, testing is medically 390
necessary to determine the course of treatment constitutes 391
probable cause for the issuance of an order by the court. The 392
results of the test shall be released to the source of the 393
exposure and to the person who experienced the exposure. 394
11. For the performance of an HIV test upon an individual 395
who comes into contact with nonmedical personnel in such a way 396
that a significant exposure has occurred while the nonmedical 397
personnel provides emergency medical assistance during a medical 398
emergency. For the purposes of this subparagraph, a medical 399
emergency means an emergency medical condition outside of a 400

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hospital or health care facility that provides physician care. 401
The test may be performed only during the course of treatment 402
for the medical emergency. 403
a. The occurrence of a significant exposure shall be 404
documented by medical personnel under the supervision of a 405
licensed physician and recorded in the medical record of the 406
nonmedical personnel. 407
b. Costs of any HIV test shall be borne by the nonmedical 408
personnel or the employer of the nonmedical personnel. However, 409
costs of testing or treatment not directly related to the 410
initial HIV tests or costs of subsequent testing or treatment 411
may not be borne by the nonmedical personnel or the employer of 412
the nonmedical personnel. 413
c. In order to use the provisions of this subparagraph, 414
the nonmedical personnel shall be tested for HIV pursuant to 415
this section or shall provide the results of an HIV test taken 416
within 6 months before the significant exposure if such test 417
results are negative. 418
d. A person who receives the results of an HIV test 419
pursuant to this subparagraph shall maintain the confidentiality 420
of the information received and of the persons tested. Such 421
confidential information is exempt from s. 119.07(1). 422
e. If the source of the exposure is not available and will 423
not voluntarily present himself or herself to a health facility 424
to be tested for HIV, the nonmedical personnel or the employer 425

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of the nonmedical personnel acting on behalf of the employee may 426
seek a court order directing the source of the exposure to 427
submit to HIV testing. A sworn statement by a physician licensed 428
under chapter 458 or chapter 459 that a significant exposure has 429
occurred and that, in the physician's medical judgment, testing 430
is medically necessary to determine the course of treatment 431
constitutes probable cause for the issuance of an order by the 432
court. The results of the test shall be released to the source 433
of the exposure and to the person who experienced the exposure. 434
12. For the performance of an HIV test by the medical 435
examiner or attending physician upon an individual who expired 436
or could not be resuscitated while receiving emergency medical 437
assistance or care and who was the source of a significant 438
exposure to medical or nonmedical personnel providing such 439
assistance or care. 440
a. HIV testing may be conducted only after appropriate 441
medical personnel under the supervision of a licensed physician 442
documents in the medical record of the medical personnel or 443
nonmedical personnel that there has been a significant exposure 444
and that, in accordance with the written protocols based on the 445
National Centers for Disease Control and Prevention guidelines 446
on HIV postexposure prophylaxis and in the physician's medical 447
judgment, the information is medically necessary to determine 448
the course of treatment for the medical personnel or nonmedical 449
personnel. 450

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b. Costs of an HIV test performed under this subparagraph 451
may not be charged to the deceased or to the family of the 452
deceased person. 453
c. For this subparagraph to be applicable, the medical 454
personnel or nonmedical personnel must be tested for HIV under 455
this section or must provide the results of an HIV test taken 456
within 6 months before the significant exposure if such test 457
results are negative. 458
d. A person who receives the results of an HIV test 459
pursuant to this subparagraph shall comply with paragraph (e). 460
13. For the performance of an HIV-related test medically 461
indicated by licensed medical personnel for medical diagnosis of 462
a hospitalized infant as necessary to provide appropriate care 463
and treatment of the infant if, after a reasonable attempt, a 464
parent cannot be contacted to provide consent. The medical 465
records of the infant must reflect the reason consent of the 466
parent was not initially obtained. Test results shall be 467
provided to the parent when the parent is located. 468
14. For the performance of HIV testing conducted to 469
monitor the clinical progress of a patient previously diagnosed 470
to be HIV positive. 471
15. For the performance of repeated HIV testing conducted 472
to monitor possible conversion from a significant exposure. 473
Section 6. Paragraph (k) of subsection (4) of section 474
775.084, Florida Statutes, is amended to read: 475

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775.084 Violent career criminals; habitual felony 476
offenders and habitual violent felony offenders; three-time 477
violent felony offenders; definitions; procedure; enhanced 478
penalties or mandatory minimum prison terms.— 479
(4) 480
(k)1. A defendant sentenced under this section as a 481
habitual felony offender, a habitual violent felony offender, or 482
a violent career criminal is eligible for rehabilitation credits 483
gain-time granted by the Department of Corrections as provided 484
in s. 944.275(4)(b). 485
2. For an offense committed on or after October 1, 1995, a 486
defendant sentenced under this section as a violent career 487
criminal is not eligible for any form of discretionary early 488
release, other than pardon or executive clemency, or conditional 489
medical release granted pursuant to s. 947.149. 490
3. For an offense committed on or after July 1, 1999, a 491
defendant sentenced under this section as a three-time violent 492
felony offender shall be released only by expiration of sentence 493
and shall not be eligible for parole, control release, or any 494
form of early release. 495
Section 7. Paragraph (b) of subsection (1) and subsection 496
(2) of section 775.0845, Florida Statutes, are amended to read: 497
775.0845 Wearing mask while committing offense; 498
reclassification.—The felony or misdemeanor degree of any 499
criminal offense, other than a violation of ss. 876.12-876.15, 500

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shall be reclassified to the next higher degree as provided in 501
this section if, while committing the offense, the offender was 502
wearing a hood, mask, or other device that concealed his or her 503
identity. 504
(1) 505
(b) In the case of a misdemeanor of the first degree, the 506
offense is reclassified to a felony of the third degree. For 507
purposes of sentencing under chapter 921 and determining 508
rehabilitation credit incentive gain-time eligibility under 509
chapter 944, such offense is ranked in level 2 of the offense 510
severity ranking chart. 511
(2)(a) In the case of a felony of the third degree, the 512
offense is reclassified to a felony of the second degree. 513
(b) In the case of a felony of the second degree, the 514
offense is reclassified to a felony of the first degree. 515
516
For purposes of sentencing under chapter 921 and determining 517
rehabilitation credit incentive gain-time eligibility under 518
chapter 944, a felony offense that is reclassified under this 519
subsection is ranked one level above the ranking under former s. 520
921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the 521
offense committed. 522
Section 8. Section 775.0847, Florida Statutes, is amended 523
to read: 524
775.0847 Possession or promotion of certain images of 525

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child pornography; reclassification.— 526
(1) For purposes of this section: 527
(a) "Child" or "minor" means any person, whose identity is 528
known or unknown, younger than 18 years of age. 529
(b) "Child pornography" means: 530
1. Any image depicting a minor engaged in sexual conduct; 531
or 532
2. Any image that has been created, altered, adapted, or 533
modified by electronic, mechanical, or other means, to portray 534
an identifiable minor engaged in sexual conduct. 535
(c) "Female genitals" includes the labia minora, labia 536
majora, clitoris, vulva, hymen, and vagina. 537
(d) "Identifiable minor" means a person: 538
1. Who was a minor at the time the image was created, 539
altered, adapted, or modified, or whose image as a minor was 540
used in the creating, altering, adapting, or modifying of the 541
image; and 542
2. Who is recognizable as an actual person by the person's 543
face, likeness, or other distinguishing characteristic, such as 544
a unique birthmark, or other recognizable feature. 545
546
The term may not be construed to require proof of the actual 547
identity of the identifiable minor. 548
(e) "Sadomasochistic abuse" means flagellation or torture 549
by or upon a person or the condition of being fettered, bound, 550

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or otherwise physically restrained, for the purpose of deriving 551
sexual satisfaction, or satisfaction brought about as a result 552
of sadistic violence, from inflicting harm on another or 553
receiving such harm oneself. 554
(f) "Sexual battery" means oral, anal, or female genital 555
penetration by, or union with, the sexual organ of another or 556
the anal or female genital penetration of another by any other 557
object; however, sexual battery does not include an act done for 558
a bona fide medical purpose. 559
(g) "Sexual bestiality" means any sexual act, actual or 560
simulated, between a person and an animal involving the sex 561
organ of the one and the mouth, anus, or female genitals of the 562
other. 563
(h) "Sexual conduct" means actual or simulated sexual 564
intercourse, deviate sexual intercourse, sexual bestiality, 565
masturbation, or sadomasochistic abuse; actual or simulated lewd 566
exhibition of the genitals; actual physical contact with a 567
person's clothed or unclothed genitals, pubic area, buttocks, 568
or, if such person is a female, breast with the intent to arouse 569
or gratify the sexual desire of either party; or any act or 570
conduct which constitutes sexual battery or simulates that 571
sexual battery is being or will be committed. A mother's 572
breastfeeding of her baby does not under any circumstance 573
constitute "sexual conduct." 574
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, 575

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or s. 847.0138 shall be reclassified to the next higher degree 576
as provided in subsection (3) if: 577
(a) The offender possesses 10 or more images of any form 578
of child pornography regardless of content; and 579
(b) The content of at least one image contains one or more 580
of the following: 581
1. A child who is younger than the age of 5. 582
2. Sadomasochistic abuse involving a child. 583
3. Sexual battery involving a child. 584
4. Sexual bestiality involving a child. 585
5. Any motion picture, film, video, or computer-generated 586
motion picture, film, or video involving a child, regardless of 587
length and regardless of whether the motion picture, film, 588
video, or computer-generated motion picture, film, or video 589
contains sound. 590
(3)(a) In the case of a felony of the third degree, the 591
offense is reclassified to a felony of the second degree. 592
(b) In the case of a felony of the second degree, the 593
offense is reclassified to a felony of the first degree. 594
595
For purposes of sentencing under chapter 921 and determining 596
rehabilitation credit incentive gain-time eligibility under 597
chapter 944, a felony offense that is reclassified under this 598
section is ranked one level above the ranking under s. 921.0022 599
or s. 921.0023 of the offense committed. 600

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Section 9. Subsection (3) of section 775.0861, Florida 601
Statutes, is amended to read: 602
775.0861 Offenses against persons on the grounds of 603
religious institutions; reclassification.— 604
(3)(a) In the case of a misdemeanor of the second degree, 605
the offense is reclassified to a misdemeanor of the first 606
degree. 607
(b) In the case of a misdemeanor of the first degree, the 608
offense is reclassified to a felony of the third degree. For 609
purposes of sentencing under chapter 921, such offense is ranked 610
in level 2 of the offense severity ranking chart. 611
(c) In the case of a felony of the third degree, the 612
offense is reclassified to a felony of the second degree. 613
(d) In the case of a felony of the second degree, the 614
offense is reclassified to a felony of the first degree. 615
(e) In the case of a felony of the first degree, the 616
offense is reclassified to a life felony. 617
618
For purposes of sentencing under chapter 921 and determining 619
rehabilitation credit incentive gain-time eligibility under 620
chapter 944, a felony offense that is reclassified under this 621
subsection is ranked one level above the ranking under s. 622
921.0022 or s. 921.0023 of the offense committed. 623
Section 10. Subsection (3) of section 775.0862, Florida 624
Statutes, is amended to read: 625

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775.0862 Sexual offenses against students by authority 626
figures; reclassification.— 627
(3)(a) In the case of a felony of the third degree, the 628
offense is reclassified to a felony of the second degree. 629
(b) In the case of a felony of the second degree, the 630
offense is reclassified to a felony of the first degree. 631
(c) In the case of a felony of the first degree, the 632
offense is reclassified to a life felony. 633
634
For purposes of sentencing under chapter 921 and determining 635
rehabilitation credit incentive gain-time eligibility under 636
chapter 944, a felony offense that is reclassified under this 637
subsection is ranked one level above the ranking under s. 638
921.0022 or s. 921.0023 of the offense committed. 639
Section 11. Subsection (1), paragraph (b) of subsection 640
(2), and paragraph (b) of subsection (3) of section 775.087, 641
Florida Statutes, are amended to read: 642
775.087 Possession or use of weapon; aggravated battery; 643
felony reclassification; minimum sentence.— 644
(1) Unless otherwise provided by law, whenever a person is 645
charged with a felony, except a felony in which the use of a 646
weapon or firearm is an essential element, and during the 647
commission of such felony the defendant carries, displays, uses, 648
threatens to use, or attempts to use any weapon or firearm, or 649
during the commission of such felony the defendant commits an 650

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aggravated battery, the felony for which the person is charged 651
shall be reclassified as follows: 652
(a) In the case of a felony of the first degree, to a life 653
felony. 654
(b) In the case of a felony of the second degree, to a 655
felony of the first degree. 656
(c) In the case of a felony of the third degree, to a 657
felony of the second degree. 658
659
For purposes of sentencing under chapter 921 and determining 660
rehabilitation credit incentive gain-time eligibility under 661
chapter 944, a felony offense which is reclassified under this 662
section is ranked one level above the ranking under s. 921.0022 663
or s. 921.0023 of the felony offense committed. 664
(2) 665
(b) Subparagraph (a)1., subparagraph (a)2., or 666
subparagraph (a)3. does not prevent a court from imposing a 667
longer sentence of incarceration as authorized by law in 668
addition to the minimum mandatory sentence, or from imposing a 669
sentence of death pursuant to other applicable law. Subparagraph 670
(a)1., subparagraph (a)2., or subparagraph (a)3. does not 671
authorize a court to impose a lesser sentence than otherwise 672
required by law. 673
674
Notwithstanding s. 948.01, adjudication of guilt or imposition 675

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of sentence shall not be suspended, deferred, or withheld, and 676
the defendant is not eligible for statutory gain-time or credits 677
under s. 944.275 or any form of discretionary early release, 678
other than pardon or executive clemency, or conditional medical 679
release under s. 947.149, before prior to serving the minimum 680
sentence. 681
(3) 682
(b) Subparagraph (a)1., subparagraph (a)2., or 683
subparagraph (a)3. does not prevent a court from imposing a 684
longer sentence of incarceration as authorized by law in 685
addition to the minimum mandatory sentence, or from imposing a 686
sentence of death pursuant to other applicable law. Subparagraph 687
(a)1., subparagraph (a)2., or subparagraph (a)3. does not 688
authorize a court to impose a lesser sentence than otherwise 689
required by law. 690
Notwithstanding s. 948.01, adjudication of guilt or imposition 691
of sentence shall not be suspended, deferred, or withheld, and 692
the defendant is not eligible for statutory gain-time or credits 693
under s. 944.275 or any form of discretionary early release, 694
other than pardon or executive clemency, or conditional medical 695
release under s. 947.149, prior to serving the minimum sentence. 696
Section 12. Subsection (2) of section 775.0875, Florida 697
Statutes, is amended to read: 698
775.0875 Unlawful taking, possession, or use of law 699
enforcement officer's firearm; crime reclassification; 700

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penalties.— 701
(2) If a person violates subsection (1) and commits any 702
other crime involving the firearm taken from the law enforcement 703
officer, such crime shall be reclassified as follows: 704
(a)1. In the case of a felony of the first degree, to a 705
life felony. 706
2. In the case of a felony of the second degree, to a 707
felony of the first degree. 708
3. In the case of a felony of the third degree, to a 709
felony of the second degree. 710
711
For purposes of sentencing under chapter 921 and determining 712
rehabilitation credit incentive gain-time eligibility under 713
chapter 944, a felony offense that is reclassified under this 714
paragraph is ranked one level above the ranking under s. 715
921.0022 or s. 921.0023 of the felony offense committed. 716
(b) In the case of a misdemeanor, to a felony of the third 717
degree. For purposes of sentencing under chapter 921 and 718
determining rehabilitation credit incentive gain-time 719
eligibility under chapter 944, such offense is ranked in level 2 720
of the offense severity ranking chart. 721
Section 13. Subsection (3) of section 777.03, Florida 722
Statutes, is amended to read: 723
777.03 Accessory after the fact.— 724
(3) Except as otherwise provided in s. 921.0022, for 725

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purposes of sentencing under chapter 921 and determining 726
rehabilitation credit incentive gain-time eligibility under 727
chapter 944, the offense of accessory after the fact is ranked 728
two levels below the ranking under s. 921.0022 or s. 921.0023 of 729
the felony offense committed. 730
Section 14. Paragraph (a) of subsection (4) of section 731
777.04, Florida Statutes, is amended to read: 732
777.04 Attempts, solicitation, and conspiracy.— 733
(4)(a) Except as otherwise provided in ss. 104.091(2), 734
379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, 735
the offense of criminal attempt, criminal solicitation, or 736
criminal conspiracy is ranked for purposes of sentencing under 737
chapter 921 and determining rehabilitation credit incentive 738
gain-time eligibility under chapter 944 one level below the 739
ranking under s. 921.0022 or s. 921.0023 of the offense 740
attempted, solicited, or conspired to. If the criminal attempt, 741
criminal solicitation, or criminal conspiracy is of an offense 742
ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, 743
such offense is a misdemeanor of the first degree, punishable as 744
provided in s. 775.082 or s. 775.083. 745
Section 15. Subsection (3) of section 784.07, Florida 746
Statutes, is amended to read: 747
784.07 Assault or battery of law enforcement officers and 748
other specified personnel; reclassification of offenses; minimum 749
sentences.— 750

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(3) Any person who is convicted of a battery under 751
paragraph (2)(b) and, during the commission of the offense, such 752
person possessed: 753
(a) A "firearm" or "destructive device" as those terms are 754
defined in s. 790.001, shall be sentenced to a minimum term of 755
imprisonment of 3 years. 756
(b) A semiautomatic firearm and its high-capacity 757
detachable box magazine, as defined in s. 775.087(3), or a 758
machine gun as defined in s. 790.001, shall be sentenced to a 759
minimum term of imprisonment of 8 years. 760
761
Notwithstanding s. 948.01, adjudication of guilt or imposition 762
of sentence shall not be suspended, deferred, or withheld, and 763
the defendant is not eligible for statutory gain-time or credits 764
under s. 944.275 or any form of discretionary early release, 765
other than pardon or executive clemency, or conditional medical 766
release under s. 947.149, before prior to serving the minimum 767
sentence. 768
Section 16. Paragraphs (a) and (b) of subsection (7) of 769
section 794.011, Florida Statutes, are amended to read: 770
794.011 Sexual battery.— 771
(7)(a) A person who is convicted of committing a sexual 772
battery on or after October 1, 1992, is not eligible for basic 773
gain-time or credits under s. 944.275. 774
(b) Notwithstanding paragraph (a), for sentences imposed 775

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for offenses committed on or after July 1, 2023, a person who is 776
convicted of committing or attempting, soliciting, or conspiring 777
to commit a sexual battery in violation of this section is not 778
eligible for basic gain-time or credits under s. 944.275. 779
Section 17. Subsection (7) of section 794.0115, Florida 780
Statutes, is amended to read: 781
794.0115 Dangerous sexual felony offender; mandatory 782
sentencing.— 783
(7) A defendant sentenced to a mandatory minimum term of 784
imprisonment under this section is not eligible for statutory 785
gain-time or credits under s. 944.275 or any form of 786
discretionary early release, other than pardon or executive 787
clemency, or conditional medical release under s. 947.149, 788
before serving the minimum sentence. 789
Section 18. Subsection (3) of section 794.0116, Florida 790
Statutes, is amended to read: 791
794.0116 Sexual offenses by persons previously convicted 792
of sexual offenses.— 793
(3) A defendant sentenced to a mandatory minimum term of 794
imprisonment under this section is not eligible for statutory 795
gain-time or credits under s. 944.275 or any form of 796
discretionary early release, other than pardon or executive 797
clemency, or conditional medical release under s. 947.149, 798
before serving the minimum sentence. 799
Section 19. Subsection (2) of section 794.023, Florida 800

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Statutes, is amended to read: 801
794.023 Sexual battery by multiple perpetrators; 802
reclassification of offenses.— 803
(2) A violation of s. 794.011 shall be reclassified as 804
provided in this subsection if it is charged and proven by the 805
prosecution that, during the same criminal transaction or 806
episode, more than one person committed an act of sexual battery 807
on the same victim. 808
(a) A felony of the second degree is reclassified to a 809
felony of the first degree. 810
(b) A felony of the first degree is reclassified to a life 811
felony. 812
813
This subsection does not apply to life felonies or capital 814
felonies. For purposes of sentencing under chapter 921 and 815
determining rehabilitation credit incentive gain-time 816
eligibility under chapter 944, a felony offense that is 817
reclassified under this subsection is ranked one level above the 818
ranking under s. 921.0022 or s. 921.0023 of the offense 819
committed. 820
Section 20. Subsection (7) of section 810.145, Florida 821
Statutes, is amended to read: 822
810.145 Digital voyeurism.— 823
(7)(a) A person who violates this section and who has 824
previously been convicted of or adjudicated delinquent for any 825

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violation of this section commits a felony of the second degree, 826
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 827
(b) If a person who is 19 years or age or older commits a 828
violation of this section and is a family or household member of 829
the victim or holds a position of authority or trust with the 830
victim, the court shall reclassify the felony to the next higher 831
degree as follows: 832
1. A felony of the third degree is reclassified as a 833
felony of the second degree. 834
2. A felony of the second degree is reclassified as a 835
felony of the first degree. 836
837
For purposes of sentencing under chapter 921 and rehabilitation 838
credit incentive gain-time eligibility under chapter 944, a 839
felony that is reclassified under this subsection is ranked one 840
level above the ranking under s. 921.0022 of the felony offense 841
committed. 842
Section 21. Subsection (4) of section 812.081, Florida 843
Statutes, is amended to read: 844
812.081 Theft of or trafficking in trade secrets; 845
definitions; penalties; providing to foreign entities; 846
restitution.— 847
(4) Whenever a person is charged with a violation of this 848
section which was committed with the intent to benefit a foreign 849
government, a foreign agent, or a foreign instrumentality, the 850

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offense for which the person is charged shall be reclassified as 851
follows: 852
(a) In the case of theft of a trade secret, from a felony 853
of the third degree to a felony of the second degree. 854
(b) In the case of trafficking in trade secrets, from a 855
felony of the second degree to a felony of the first degree. 856
857
For purposes of sentencing under chapter 921 and determining 858
rehabilitation credit incentive gain-time eligibility under 859
chapter 944, a felony offense that is reclassified under this 860
subsection is ranked one level above the ranking under s. 861
921.0022 of the offense committed. 862
Section 22. Subsection (5) of section 817.568, Florida 863
Statutes, is amended to read: 864
817.568 Criminal use of personal identification 865
information.— 866
(5) If an offense prohibited under this section was 867
facilitated or furthered by the use of a public record, as 868
defined in s. 119.011, the offense is reclassified to the next 869
higher degree as follows: 870
(a) A misdemeanor of the first degree is reclassified as a 871
felony of the third degree. 872
(b) A felony of the third degree is reclassified as a 873
felony of the second degree. 874
(c) A felony of the second degree is reclassified as a 875

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felony of the first degree. 876
877
For purposes of sentencing under chapter 921 and rehabilitation 878
credit incentive gain-time eligibility under chapter 944, a 879
felony offense that is reclassified under this subsection is 880
ranked one level above the ranking under s. 921.0022 of the 881
felony offense committed, and a misdemeanor offense that is 882
reclassified under this subsection is ranked in level 2 of the 883
offense severity ranking chart in s. 921.0022. 884
Section 23. Paragraph (b) of subsection (3) of section 885
831.032, Florida Statutes, is amended to read: 886
831.032 Offenses involving forging or counterfeiting 887
private labels.— 888
(3) 889
(b) For any person who, having previously been convicted 890
for an offense under this section, is subsequently convicted for 891
another offense under this section, such subsequent offense 892
shall be reclassified as follows: 893
1. In the case of a felony of the second degree, to a 894
felony of the first degree. 895
2. In the case of a felony of the third degree, to a 896
felony of the second degree. 897
3. In the case of a misdemeanor of the first degree, to a 898
felony of the third degree. For purposes of sentencing under 899
chapter 921 and determining rehabilitation credit incentive 900

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gain-time eligibility under chapter 944, such offense is ranked 901
in level 4 of the offense severity ranking chart. 902
903
For purposes of sentencing under chapter 921 and determining 904
rehabilitation credit incentive gain-time eligibility under 905
chapter 944, a felony offense that is reclassified under this 906
paragraph is ranked one level above the ranking under s. 907
921.0022 or s. 921.0023 of the felony offense committed. 908
Section 24. Subsection (2) of section 843.22, Florida 909
Statutes, is amended to read: 910
843.22 Traveling across county lines with intent to commit 911
a burglary.— 912
(2) If a person who commits a burglary travels any 913
distance with the intent to commit the burglary in a county in 914
this state other than the person's county of residence, the 915
degree of the burglary shall be reclassified to the next higher 916
degree. For purposes of sentencing under chapter 921 and 917
determining rehabilitation credit incentive gain-time 918
eligibility under chapter 944, a burglary that is reclassified 919
under this section is ranked one level above the ranking 920
specified in s. 921.0022 or s. 921.0023 for the burglary 921
committed. 922
Section 25. Paragraph (b) of subsection (1) and subsection 923
(2) of section 874.04, Florida Statutes, are amended to read: 924
874.04 Gang-related offenses; enhanced penalties.—Upon a 925

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finding by the factfinder that the defendant committed the 926
charged offense for the purpose of benefiting, promoting, or 927
furthering the interests of a criminal gang, the penalty for any 928
felony or misdemeanor, or any delinquent act or violation of law 929
which would be a felony or misdemeanor if committed by an adult, 930
may be enhanced. Penalty enhancement affects the applicable 931
statutory maximum penalty only. Each of the findings required as 932
a basis for such sentence shall be found beyond a reasonable 933
doubt. The enhancement will be as follows: 934
(1) 935
(b) A misdemeanor of the first degree may be punished as 936
if it were a felony of the third degree. For purposes of 937
sentencing under chapter 921 and determining rehabilitation 938
credit incentive gain-time eligibility under chapter 944, such 939
offense is ranked in level 1 of the offense severity ranking 940
chart. The criminal gang multiplier in s. 921.0024 does not 941
apply to misdemeanors enhanced under this paragraph. 942
(2)(a) A felony of the third degree may be punished as if 943
it were a felony of the second degree. 944
(b) A felony of the second degree may be punished as if it 945
were a felony of the first degree. 946
(c) A felony of the first degree may be punished as if it 947
were a life felony. 948
949
For purposes of sentencing under chapter 921 and determining 950

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rehabilitation credit incentive gain-time eligibility under 951
chapter 944, such felony offense is ranked as provided in s. 952
921.0022 or s. 921.0023, and without regard to the penalty 953
enhancement in this subsection. 954
Section 26. Section 944.281, Florida Statutes, is amended 955
to read: 956
944.281 Ineligibility to earn rehabilitation credits gain-957
time due to disciplinary action.—The department may declare that 958
a prisoner who commits a violation of any law of the state or 959
rule or regulation of the department or institution on or after 960
January 1, 1996, and who is found guilty pursuant to s. 961
944.28(2), shall not be eligible to earn rehabilitation credits 962
incentive gain-time for up to 6 months following the month in 963
which the violation occurred. The department shall adopt rules 964
to administer the provisions of this section. 965
Section 27. Subsection (1) of section 944.473, Florida 966
Statutes, is amended to read: 967
944.473 Inmate substance abuse testing program.— 968
(1) RULES AND PROCEDURES.—The department shall establish 969
programs for random and reasonable suspicion drug and alcohol 970
testing by urinalysis or other noninvasive procedure for inmates 971
to effectively identify those inmates abusing drugs, alcohol, or 972
both. The department shall also adopt rules relating to fair, 973
economical, and accurate operations and procedures of a random 974
inmate substance abuse testing program and a reasonable 975

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suspicion substance abuse testing program by urinalysis or other 976
noninvasive procedure which enumerate penalties for positive 977
test results, including but not limited to the forfeiture of 978
rehabilitation credits both basic and incentive gain-time, and 979
which do not limit the number of times an inmate may be tested 980
in any one fiscal or calendar year. 981
Section 28. Paragraph (b) of subsection (1) of section 982
944.70, Florida Statutes, is amended to read: 983
944.70 Conditions for release from incarceration.— 984
(1) 985
(b) A person who is convicted of a crime committed on or 986
after January 1, 1994, may be released from incarceration only: 987
1. Upon expiration of the person's sentence; 988
2. Upon expiration of the person's sentence as reduced by 989
accumulated outstanding deed meritorious or rehabilitation 990
credit incentive gain-time; 991
3. As directed by an executive order granting clemency; 992
4. Upon placement in a conditional release program 993
pursuant to s. 947.1405 or a conditional medical release program 994
pursuant to s. 947.149; or 995
5. Upon the granting of control release, including 996
emergency control release, pursuant to s. 947.146. 997
Section 29. Paragraphs (i) and (j) of subsection (3) of 998
section 944.801, Florida Statutes, are amended to read: 999
944.801 Education for state prisoners.— 1000

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(3) The responsibilities of the Correctional Education 1001
Program shall be to: 1002
(i) Ensure that every inmate who has 2 years or more 1003
remaining to serve on his or her sentence at the time that he or 1004
she is received at an institution and who lacks basic and 1005
functional literacy skills as defined in s. 1004.02 attends not 1006
fewer than 150 hours of sequential instruction in a correctional 1007
adult basic education program. The basic and functional literacy 1008
level of an inmate shall be determined by the average composite 1009
test score obtained on a test approved for this purpose by the 1010
State Board of Education. 1011
1. Upon completion of the 150 hours of instruction, the 1012
inmate shall be retested and, if a composite test score of 1013
functional literacy is not attained, the department is 1014
authorized to require the inmate to remain in the instructional 1015
program. 1016
2. Highest priority of inmate participation shall be 1017
focused on youthful offenders and those inmates nearing release 1018
from the correctional system. 1019
3. An inmate shall be required to attend the 150 hours of 1020
adult basic education instruction unless such inmate: 1021
a. Is serving a life sentence or is under sentence of 1022
death. 1023
b. Is specifically exempted for security or health 1024
reasons. 1025

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c. Is housed at a community correctional center, road 1026
prison, work camp, or vocational center. 1027
d. Attains a functional literacy level after attendance in 1028
fewer than 150 hours of adult basic education instruction. 1029
e. Is unable to enter such instruction because of 1030
insufficient facilities, staff, or classroom capacity. 1031
4. The Department of Corrections shall provide classes to 1032
accommodate those inmates assigned to correctional or public 1033
work programs after normal working hours. The department shall 1034
develop a plan to provide academic and vocational classes on a 1035
more frequent basis and at times that accommodate the increasing 1036
number of inmates with work assignments, to the extent that 1037
resources permit. 1038
5. If an inmate attends and actively participates in the 1039
150 hours of instruction, the Department of Corrections may 1040
grant a one-time award of up to 6 additional days of 1041
rehabilitation credit incentive gain-time, which must be 1042
credited and applied as provided by law. Active participation 1043
means, at a minimum, that the inmate is attentive, responsive, 1044
cooperative, and completes assigned work. 1045
(j) Recommend the award of additional rehabilitation 1046
credit incentive gain-time for inmates who receive a high school 1047
equivalency diploma or a vocational certificate. 1048
Section 30. Subsection (15) of section 947.005, Florida 1049
Statutes, is amended to read: 1050

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947.005 Definitions.—As used in this chapter, unless the 1051
context clearly indicates otherwise: 1052
(15) "Tentative release date" means the date projected for 1053
the prisoner's release from custody by virtue of gain-time and 1054
credits granted or forfeited pursuant to s. 944.275(3)(a). 1055
Section 31. This act shall take effect July 1, 2026. 1056