The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 528
INTRODUCER: Criminal Justice Committee and Senator Davis and others
SUBJECT: Custody and Supervision of Specified Offenders
DATE: April 19, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Fav/CS
2. Atchley Harkness ACJ Favorable
3. Parker Yeatman FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 528 amends s. 794.011, F.S., eliminating the possibility of basic gain-time for persons
convicted of committing or attempting, soliciting, or conspiring to commit a sexual battery on or
after July 1, 2023.
The bill amends s. 944.275, F.S., eliminating the possibility of incentive gain-time for persons
convicted of committing or attempting, soliciting, or conspiring to commit specified offenses on
or after July 1, 2023.
The bill amends s. 948.05, F.S., prohibiting a reduction in the term of supervision for
probationers or offenders in community control who are placed under supervision for committing
or attempting, soliciting or conspiring to commit a violation of any offense listed in the sexual
offender or sexual predator registration statutes, or who qualify as a violent felony offender of
special concern.
The bill amends s. 948.30, F.S., requiring a court to impose additional specified terms and
conditions of probation or community control in addition to all other conditions imposed for
offenders whose crime was committed on or after July 1, 2023, for attempting, soliciting, or
conspiring to commit certain sexual offenses.
Additionally, the bill amends s. 948.30, F.S., requiring a court to impose additional specified
terms and conditions of probation and community control for offenders who are placed on sex
BILL: CS/SB 528 Page 2
offender probation, if such offender’s crime was committed on or after July 1, 2023, for
attempting, soliciting, or conspiring to commit certain sexual offenses.
The bill also requires the court to impose electronic monitoring for an offender whose crime was
committed on or after July 1, 2023, for attempting, soliciting, or conspiring to commit certain
sexual offenses, and who is placed on probation or community control.
The bill also requires the court to impose a condition prohibiting an offender whose crime was
committed on or after July 1, 2023, and who is placed on probation or community control for
attempting, soliciting, or conspiring to commit certain sexual offenses, from viewing, accessing,
owning, or possessing any obscene pornographic or sexually stimulating material.
The bill is effective July 1, 2023.
II. Present Situation:
Gain-Time
Section 944.275, F.S., allows the Department of Corrections (DOC) to grant deductions from
sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to
provide incentive for prisoners to participate in productive activities, and to reward prisoners
who perform outstanding deeds or services. There are currently three types of gain-time
prisoners may earn: basic, incentive, and meritorious.1
Currently, inmates serving sentences for specified convictions committed on or after October 1,
2014, are ineligible to earn incentive gain-time, including inmates serving sentences for attempt
to commit, solicitation to commit, or conspiracy to commit one of these underlying offenses.
There are currently 791 inmates in DOC custody who are serving a sentence that includes an
attempt, conspiracy or solicitation to commit one of the underlying offenses outlined in
s. 944.275(4)(e), F.S., (777 inmates for attempt, 5 inmates for conspiracy and 9 inmates for
solicitation).2
As discussed below, the types of gain-time that a prisoner may earn, as well as the amount of
gain-time a prisoner may earn, varies according to the offense date. Gain-time earned by a
prisoner may also be forfeited for violations of state law or department rules.3
Incentive Gain-Time
The DOC may grant incentive gain-time for each month during which a prisoner works
diligently, participates in training, uses time constructively, or otherwise engages in positive
activities. The rate of incentive gain-time in effect on the date the prisoner committed the offense
that resulted in his or her incarceration is the prisoner’s rate of eligibility to earn incentive
gain-time throughout the period of incarceration and cannot be altered by a subsequent change in
1
Section 944.275, F.S.
2
Department of Corrections, 2023 Agency Legislative Bill Analysis for HB 537, at 2 (March 13, 2023) (on file with the
Senate Committee on Criminal Justice).
3
Section 944.275, F.S.
BILL: CS/SB 528 Page 3
the severity level of the offense for which the prisoner was sentenced. Section 944.275(4)(b),
F.S., specifies that:
For sentences imposed for offenses committed prior to January 1, 1994, up to 20 days per
month of incentive gain-time may be granted;
For sentences imposed for offenses committed on or after January 1, 1994, and before
October 1, 1995:
o Up to 25 days per month of incentive gain-time may be granted for offenses ranked in
offense severity levels 1 through 7 of the former sentencing guidelines;
o Up to 20 days per month of incentive gain-time may be granted for offenses ranked in
offense severity levels 8, 9, and 10 of the former sentencing guidelines; and
For sentences imposed for offenses committed after October 1, 1995, up to 10 days per
month of incentive gain-time may be granted.
The DOC may grant, upon a recommendation of the education program manager, a one-time
award of 60 additional days of incentive gain-time to a prisoner who is otherwise eligible and
who successfully completes requirements for and is awarded a high school equivalency diploma
or vocational certificate. A prisoner may not receive more than 60 days for educational
attainment.4 The DOC may grant an additional six days of incentive gain-time if a prisoner
attends and actively participates in 150 hours of adult basic education to attain basic and
functional literacy.5
The DOC may not grant incentive gain-time for sentences imposed for the following offenses
committed on or after October 1, 2014:
Homicide occurring in the perpetration of or attempted perpetration of a sexual battery;
Kidnapping of a child under the age of 13, and in the course of committing the offense,
commits sexual battery against the child or lewd or lascivious battery, lewd or lascivious
molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;
False imprisonment of a child under the age of 13, and in the course of committing the
offense commits sexual battery against the child or lewd or lascivious battery, lewd or
lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;
Sexual battery;
Lewd or lascivious offenses upon or in the presence of persons less than 16 years of age;
Lewd or lascivious offenses upon or in the presence of an elderly person or disabled person;
or
Transmission of certain images over a computer to a person who is less than 16 years of age.6
Basic Gain-Time
The DOC grants basic gain-time at the rate of 10 days for each month of each sentence imposed
on a prisoner to encourage satisfactory behavior, subject to the following:
Portions of any sentences to be served concurrently are treated as a single sentence when
determining basic gain-time;
4
Section 944.275(4)(d), F.S.
5
Section 944.801(3)(i)5., F.S. “Active participation” means at a minimum, that the inmate is attentive, responsive,
cooperative, and completes assigned work.
6
Section 944.275(4)(e), F.S.
BILL: CS/SB 528 Page 4
Basic gain-time for a partial month is prorated on the basis of a 30-day month; and
When a prisoner receives a new maximum sentence expiration date because of additional
sentences imposed, basic gain-time is granted for the amount of time the maximum sentence
expiration date was extended.7
Basic gain-time is awarded as a lump sum upon receipt into the custody of the DOC. Basic gain-
time only applies to sentences imposed or offenses committed on or after July 1, 1978, and
before January 1, 1994.8
The DOC may not grant basic gain-time to prisoners who are convicted of committing a sexual
battery on or after October 1, 1992.9
Meritorious Gain-Time
The DOC may grant meritorious gain-time to a prisoner who performs some outstanding deed,
such as saving a life or assisting in recapturing an escaped prisoner, or who in some manner
performs an outstanding service that would merit the granting of additional deductions from the
term of his or her sentence. The grant of meritorious gain-time may be from 1 to 60 days.10
Limitations on Earning Gain-Time
For sentences imposed for offenses committed on or after October 1, 1995, a prisoner may not
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, prior to serving a minimum of 85 percent of the
sentence imposed. Credits awarded by the court for time physically incarcerated are credited
toward satisfaction of 85 percent of the sentence imposed. Except as provided by s. 944.275,
F.S., a prisoner 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 of the
sentence imposed.11 If a prisoner is found to have violated state law or department rules, gain-
time may be forfeited according to law.12
State prisoners sentenced to life imprisonment must be incarcerated for the rest of their natural
lives, unless granted pardon or clemency.13 Certain offenders are statutorily prohibited from
earning gain-time:
Prison releasee reoffenders must serve 100 percent of the court-imposed sentence and may
not earn gain-time to shorten the length of incarceration.14
7
Section 944.275(4)(a), F.S.
8
Section 944.275(6), F.S.
9
Section 794.011(7), F.S.
10
Section 944.275(4)(c), F.S.
11
Section 944.275(4)(f), F.S.
12
Sections 944.275(5) and 944.28, F.S.
13
Section 944.2755(4)(f), F.S.
14
Under s. 775.082(9), F.S., a defendant may be designated a “prison releasee offender” if within three years of being
released from incarceration commits or attempts to commit: treason, murder, manslaughter, sexual battery, carjacking, home-
invasion robbery, robbery, arson, kidnaping, aggravated assault with a deadly weapon, aggravated battery, aggravated
stalking, aircraft piracy, unlawful throwing, placing, or discharging of a destructive devise or bomb, any felony that involves
the use or threat of physical force or violence against an individual, armed burglary, burglary of a dwelling, or burglary of an
occupied structure, or any felony violation of ss. 790.07, 800.04, 827.03, 827.071, or 847.0135(5), F.S. A “prison releasee
BILL: CS/SB 528 Page 5
Certain prisoners convicted of offenses involving the fleeing or attempting to elude a law
enforcement officer are ineligible for statutory gain-time.15
Prisoners convicted of committing or attempting to commit certain felonies while possessing
or using a firearm or destructive device.16
Prisoners convicted of committing or attempting to commit certain felonies while possessing
or using a semiautomatic firearm and its high-capacity box magazine or a machine gun.17
Prisoners convicted of battery on a law enforcement officer, firefighter, emergency medical
providers, public transit employees or agents, or other specified officers while possessing a
firearm or semiautomatic firearm and its high-capacity box magazine.18
Prisoners convicted under the dangerous sexual felony offender statute.19
Forfeiture of Gain-Time
Florida law allows gain-time to be forfeited or withheld if a prisoner is found guilty of an
infraction of state law or department rules.20 A prisoner shall, without prior notice or hearing,
forfeit all earned gain-time upon:
Conviction for an escape committed before October 1, 2013;
Revocation of parole,21 conditional release,22 control release,23 or clemency;24
Revocation of conditional medical release,25 if the revocation was for any reason other than
improvement in medical condition; or
offender” also means any defendant who commits or attempts to commit one of the aforementioned offenses while serving a
prison sentence or on escape status from a correctional facility.
15
Section 316.1935(6), F.S.
16
Section 775.087(2)(b), F.S.
17
Section 775.087(3)(b), F.S.
18
Section 784.07(3), F.S.
19
Section 794.0115(7), F.S.
20
Section 944.275(5), F.S.
21
Parole is the release of a prisoner, prior to the expiration of the prisoner’s court-imposed sentence with a period of
supervision to be successfully completed by compliance with the conditions and terms of the release agreement ordered by
the Florida Commission on Offender Review. Parole is only available to prisoners whose crimes were committed prior to
October 1, 1983, with exceptions. See Florida Commission on Offender Review, Release Types: Parole, available at
https://www.fcor.state.fl.us/release-types.shtml (last visited March 14, 2023).
22
Section 947.1405, F.S., requires certain violent prisoners who have also served a prior felony commitment at a federal or
state correctional institution or who are habitual offenders, violent habitual offenders, violent career criminals, or court-
designated sexual offenders to be released under supervision subject to specified terms and conditions upon reaching the
tentative release date or provisional release date, as established by the DOC. See also Florida Commission on Offender
Review, Release Types: Post Release, available at https://www.fcor.state.fl.us/postrelease.shtml#conditionalRelease (last
visited March 14, 2023).
23
Control release is an administrative function to manage the state’s prison population within total capacity. The program,
administered by the Florida Commission on Offender Review, through the Control Release Authority, maintains the prison
population between 99 and 100 percent of its total capacity. Section 947.146, F.S.
24
Article IV, Section 8 of the Florida Constitution authorizes a process to provide the means through which convicted
individuals may be considered for relief from punishment and seek restoration of their civil rights. The clemency function is
an act of mercy that absolves an individual from all, or any part, of the punishment that the law imposes. The power to grant
clemency is vested in the Governor with the agreement of two cabinet members. The Governor also has the sole power to
deny clemency. Florida Commission on Offender Review, Clemency, available at
https://www.fcor.state.fl.us/clemencyOverview.shtml (last visited March 14, 2023).
25
Section 947.149, F.S., authorizes the Florida Commission on Offender Review to grant a conditional medical release of a
prisoner if, because of an existing medical or physical condition, the prisoner is determined by the department to be
permanently incapacitated or terminally ill and the prisoner does not constitute a danger to herself or himself or others.
BILL: CS/SB 528 Page 6
Revocation of provisional release supervision,26 or the revocation of probation27 or
community control28 if such supervision was imposed for a crime committed on or after
October 1, 1989.29
To declare a forfeiture, a written charge must be prepared, which specifies each instance of
misconduct and the approximate date of each instance.30 The prisoner must be given a copy of
the charge, along with a notice of hearing before a disciplinary committee. The prisoner must be
present at the hearing.31 During the hearing, the prisoner:
Will be read the charge, asked if he or she understands the charge, and explained the range of
penalties that could be imposed if there is a finding of guilt;
Will be aske