Bill Summary – FastDemocracy

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           HB 1215                                                                                               2021
                                       A bill to be entitled
              An act relating to revising penalties for nonviolent
              offenses; amending s. 893.13, F.S.; conforming a
              provision to changes made by the act; creating s.
              893.131, F.S.; providing for civil citations for
              possession of small amounts of cannabis and cannabis
              paraphernalia offenses in certain circumstances;
              providing for civil fines; providing for community
              service in lieu of civil fines; limiting the number of
                 civil citations that a person may receive; providing
                 that a person who contests the violation waives a
                 specified civil penalty and may receive a larger
                 penalty upon a finding of a violation; providing for
                 entry of default judgment in cases of noncompliance;
                 amending s. 893.147, F.S.; conforming a provision to
                 changes made by the act; amending s. 921.002, F.S.;
                 revising a principle of the Criminal Punishment Code
                 relating to a prisoner's required minimum term of
                 imprisonment; amending s. 944.275, F.S.; revising the
                 incentive gain-time that the Department of Corrections
                 may grant a prisoner; providing exceptions; providing
                 an effective date.
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       Be It Enacted by the Legislature of the State of Florida:
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        HB 1215                                                                                               2021
              Section 1.       Paragraph (b) of subsection (6) of section
    893.13, Florida Statutes, is amended to read:
              893.13      Prohibited acts; penalties.—
              (6)
              (b)     If the offense is the possession of 20 grams or less
    of cannabis, as defined in this chapter, the person commits a
    misdemeanor of the first degree, punishable as provided in s.
    775.082 or s. 775.083, or the person may be issued a civil
    citation under s. 893.131. As used in this subsection, the term
    "cannabis" does not include the resin extracted from the plants
    of the genus Cannabis, or any compound manufacture, salt,
    derivative, mixture, or preparation of such resin.
              Section 2.       Section 893.131, Florida Statutes, is created
    to read:
              893.131     Cannabis offenses; civil citations.—
              (1)     The following misdemeanor violations are declared
    civil infractions, and a person committing such a violation may
    be issued a civil citation, at the discretion of a law
    enforcement officer, provided that such violation is not charged
    in conjunction with any criminal charge:
              (a)     Possession, by a person 18 years of age or older, of
    cannabis in an amount of 20 grams or less, as provided in s.
    893.13(6)(b).
              (b)     Possession, by a person 18 years of age or older, of
    drug paraphernalia, as defined in s. 893.145, used in connection
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        HB 1215                                                                                               2021
    with the consumption of cannabis.
              (2)(a)      A person who is issued a civil citation pursuant to
    this section shall be subject to a civil fine of $100 plus court
    costs.
              (b)     In lieu of paying the civil fine under paragraph (a),
    a person who is issued a civil citation pursuant to this section
    may elect to participate in 10 hours of community service at a
    community service agency. The community service agency
    supervising the person shall record the number of hours of
    community service completed and the date on which the community
    service hours were completed. The community service agency shall
    submit the data to the clerk of the court on the letterhead of
    the community service agency, which must also bear the notarized
    signature of the person designated to represent the community
    service agency.
              (c)     A person may not receive more than two civil citations
    pursuant to this section.
              (d)     The county court shall have jurisdiction over all
    violations of this section.
              (e)     The clerk of the court shall accept designated fines
    and issue receipts therefor, and accept proof of satisfactory
    completion of community service.
              (f)     A person issued a civil citation pursuant to
    subsection (1) shall comply with all directives on such
    citation.
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         HB 1215                                                                                               2021
               (g)     A person who fails to make payment as provided on the
     civil citation, and fails to satisfactorily complete community
     service within the period specified on such citation, shall be
     deemed to have waived his or her right to pay the civil penalty
     as set forth on such citation.
               (h)     A person who elects to appear before the court to
     contest the civil citation shall be deemed to have waived his or
     her right to pay the civil penalty. The court, after conducting
     a hearing, shall determine whether a violation has occurred and
     may impose a civil penalty not to exceed $500 plus court costs.
               (i)     If a person fails to pay the civil penalty and fails
     to satisfactorily complete community service, or fails to appear
     in court to contest the civil citation, he or she shall be
     deemed to have waived his or her right to contest such citation;
     and in such case, a default judgment may be entered and the
     judge shall impose a civil fine at that time. If the civil fine
     is paid, the case shall be disposed of. If the civil fine is not
     paid, and no proof of satisfactory completion of community
     service is provided, default judgment shall be entered up to the
     maximum civil penalty of $500 plus court costs.
               Section 3.       Subsection (1) of section 893.147, Florida
     Statutes, is amended to read:
               893.147     Use, possession, manufacture, delivery,
     transportation, advertisement, or retail sale of drug
    paraphernalia, specified machines, and materials.—
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         HB 1215                                                                                               2021
              (1)     USE OR POSSESSION OF DRUG PARAPHERNALIA.—It is
    unlawful for any person to use, or to possess with intent to
    use, drug paraphernalia:
              (a)     To plant, propagate, cultivate, grow, harvest,
    manufacture, compound, convert, produce, process, prepare, test,
    analyze, pack, repack, store, contain, or conceal a controlled
    substance in violation of this chapter; or
              (b)     To inject, ingest, inhale, or otherwise introduce into
    the human body a controlled substance in violation of this
    chapter.
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    A Any person who violates this subsection commits is guilty of a
    misdemeanor of the first degree, punishable as provided in s.
    775.082 or s. 775.083, or, for violations involving cannabis
    paraphernalia, a person who violates this subsection may be
    issued a civil citation under s. 893.131.
              Section 4.       Paragraph (e) of subsection (1) of section
    921.002, Florida Statutes, is amended to read:
              921.002     The Criminal Punishment Code.—The Criminal
    Punishment Code shall apply to all felony offenses, except
    capital felonies, committed on or after October 1, 1998.
              (1)     The provision of criminal penalties and of limitations
    upon the application of such penalties is a matter of
    predominantly substantive law and, as such, is a matter properly
    addressed by the Legislature. The Legislature, in the exercise
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         HB 1215                                                                                               2021
    of its authority and responsibility to establish sentencing
    criteria, to provide for the imposition of criminal penalties,
    and to make the best use of state prisons so that violent
    criminal offenders are appropriately incarcerated, has
    determined that it is in the best interest of the state to
    develop, implement, and revise a sentencing policy. The Criminal
    Punishment Code embodies the principles that:
              (e)     The sentence imposed by the sentencing judge reflects
    the length of actual time to be served, shortened only by the
    application of incentive and meritorious gain-time as provided
    by law, and may not be shortened if the defendant would
    consequently serve less than 75 percent of his or her term of
    imprisonment as provided in s. 944.275(4)(b)3.a. or less than 85
    percent of his or her term of imprisonment as provided in s.
    944.275(4) or s. 944.275(4)(b)3.b. The provisions of chapter
    947, relating to parole, shall not apply to persons sentenced
    under the Criminal Punishment Code.
              Section 5.       Paragraphs (b) and (f) of subsection (4) of
    section 944.275, Florida Statutes, are amended to read:
              944.275     Gain-time.—
              (4)
              (b)     For each month in which an inmate works diligently,
    participates in training, uses time constructively, or otherwise
    engages in positive activities, the department may grant
    incentive gain-time in accordance with this paragraph. The rate
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         HB 1215                                                                                               2021
    of incentive gain-time in effect on the date the inmate
    committed the offense that which resulted in his or her
    incarceration shall be the inmate's rate of eligibility to earn
    incentive gain-time throughout the period of incarceration and
    may shall not be altered by a subsequent change in the severity
    level of the offense for which the inmate was sentenced.
              1.      For sentences imposed for offenses committed before
    prior to January 1, 1994, up to 20 days of incentive gain-time
    may be granted. If granted, such gain-time shall be credited and
    applied monthly.
              2.      For sentences imposed for offenses committed on or
    after January 1, 1994, and before October 1, 1995:
              a.      For offenses ranked in offense severity levels 1
    through 7, under former s. 921.0012 or former s. 921.0013, up to
    25 days of incentive gain-time may be granted. If granted, such
    gain-time shall be credited and applied monthly.
              b.      For offenses ranked in offense severity levels 8, 9,
    and 10, under former s. 921.0012 or former s. 921.0013, up to 20
    days of incentive gain-time may be granted. If granted, such
    gain-time shall be credited and applied monthly.
              3.      For sentences imposed for offenses, regardless of the
    date committed, the department may grant up to 20 days per month
    of incentive gain-time, except that:
              a.      If the offense is a nonviolent felony, as defined in s.
    948.08(6)(a), the prisoner is not eligible to earn any type of
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         HB 1215                                                                                               2021
    gain-time in an amount that would cause a sentence to expire,
    end, or terminate, or that would result in a prisoner's release,
    before he or she serves a minimum of 75 percent of the sentence
    imposed. For purposes of this sub-subparagraph, credits awarded
    by the court for time physically incarcerated must be credited
    toward satisfaction of 75 percent of the sentence imposed. A
    prisoner who is granted incentive gain-time pursuant to this
    sub-subparagraph may not accumulate further gain-time awards at
    any point when the tentative release date is the same as that
    date at which the prisoner will have served 75 percent of the
    sentence imposed. State prisoners sentenced to life imprisonment
    must be incarcerated for the rest of their natural lives, unless
    granted pardon or clemency.
              b.      If the offense is not a nonviolent felony, as defined
    in s. 948.08(6)(a), the prisoner is not eligible to earn any
    type of gain-time in an amount that would cause a sentence to
    expire, end, or terminate, or that would result in a prisoner's
    release, before he or she serves a minimum of 85 percent of the
    sentence imposed. For purposes of this sub-subparagraph, credits
    awarded by the court for time physically incarcerated must be
    credited toward satisfaction of 85 percent of the sentence
    imposed. A prisoner who is granted incentive gain-time pursuant
    to this sub-subparagraph may not accumulate further gain-time
    awards at any point when the tentative release date is the same
    as that date at which the prisoner will have served 85 percent
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         HB 1215                                                                                               2021
    of the sentence imposed. State prisoners sentenced to life
    imprisonment must be incarcerated for the rest of their natural
    lives, unless granted pardon or clemency For sentences imposed
    for offenses committed on or after October 1, 1995, the
    department may grant up to 10 days per month of incentive gain-
    time.
              (f)     An inmate who is subject to subparagraph (b)3. is not
    eligible to earn or receive gain-time under paragraph (a),
    paragraph (b), paragraph (c), or paragraph (d) or any other type
    of gain-time in an amount that would cause a sentence to expire,
    end, or terminate, or that would result in a prisoner's release,
    before prior to serving a minimum of 85 percent of the sentence
    imposed. For purposes of this paragraph, credits awarded by the
    court for time physically incarcerated shall be credited t