October 30, 2020
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Senate Bill 2336

Senate Bill sb2336er

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  1                                 

  2         An act relating to probation and community

  3         control; amending s. 948.001, F.S.; deleting

  4         provisions authorizing the Department of

  5         Corrections to collect certain fees as a part

  6         of administrative probation; amending s.

  7         948.01, F.S.; correcting a cross-reference;

  8         transferring and renumbering provisions

  9         governing probation and community control as s.

10         948.10(10), F.S.; transferring and renumbering

11         provisions authorizing a split sentence of

12         probation or community control and imprisonment

13         as s. 948.012(1), F.S.; prohibiting a private

14         entity from providing probation or supervision

15         services to certain offenders; transferring and

16         renumbering provisions relating to violations

17         of community control as s. 948.10(9), F.S.;

18         transferring and renumbering provisions

19         restricting the placement of certain offenders

20         into community control as s. 948.10(2), F.S.;

21         transferring and renumbering provisions

22         authorizing split sentencing as s. 948.012(2)

23         and (3), F.S.; transferring and renumbering

24         provisions relating to drug offender probation

25         as s. 948.20, F.S.; transferring and

26         renumbering provisions governing community

27         control and criminal quarantine community

28         control as s. 948.101(3), F.S.; transferring

29         and renumbering provisions relating to

30         administration probation as s. 948.013, F.S.;

31         amending s. 948.011, F.S.; clarifying


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 1         circumstances under which the court may impose

 2         a fine or place an offender on probation or

 3         community control; amending s. 948.03, F.S.;

 4         conforming cross-references; providing for

 5         submission of blood or other biological

 6         specimens as a standard condition of probation;

 7         transferring and renumbering provisions

 8         relating to intensive supervision and

 9         surveillance as s. 948.101, F.S.; authorizing

10         the court to impose additional terms or

11         conditions of community control; providing

12         certain limitations; transferring and

13         renumbering provisions governing electronic

14         monitoring as s. 948.11(2), F.S.; amending s.

15         948.11, F.S.; transferring and renumbering

16         provisions governing the diagnosis, evaluation,

17         and treatment of certain sex offenders as s.

18         948.31, F.S.; transferring and renumbering

19         provisions governing additional terms and

20         conditions of probation or community control

21         for certain sex offenses as s. 948.30, F.S.;

22         clarifying a requirement for submitting blood

23         and other specimens; transferring and

24         renumbering provisions relating to residential

25         treatment as s. 948.035, F.S.; transferring and

26         renumbering provisions relating to work

27         programs as s. 948.036, F.S.; transferring and

28         renumbering provisions relating to education

29         and learning as a condition of probation or

30         community control as s. 948.037, F.S.;

31         transferring and renumbering provisions


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 1         relating to the submission of blood or other

 2         biological specimens as s. 948.014, F.S.;

 3         transferring and renumbering provisions

 4         relating to a batterers' intervention program

 5         as s. 948.038, F.S.; creating s. 948.039, F.S.;

 6         authorizing the court to impose special terms

 7         and conditions of probation or community

 8         control, including requiring the offender to

 9         attend an HIV/AIDS awareness program and pay

10         certain costs; amending s. 948.06, F.S.,

11         relating to procedures following an arrest of

12         an offender for a violation of probation or

13         community control; transferring and renumbering

14         provisions relating to the arrest of a person

15         for certain sex offenses as s. 948.32, F.S.;

16         amending s. 948.09, F.S.; requiring an offender

17         under addiction-recovery supervision to pay the

18         cost of supervision; amending s. 948.10, F.S.;

19         correcting a cross-reference; amending ss.

20         948.04, 440.02, 775.21, 812.0155, 921.0017,

21         921.187, 947.23, and 958.14, F.S.; revising

22         cross-references, to conform; reenacting ss.

23         944.4731(2)(b) and (7)(b), 948.01(8), and

24         948.06(5), F.S., relating to the

25         Addiction-Recovery Supervision Program, when

26         the court may place a defendant on probation or

27         into community control, and violations of

28         probation or community control, respectively,

29         for the purpose of incorporating the amendment

30         to s. 948.09, F.S., in references thereto;

31         reenacting s. 947.1747, F.S., relating to


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 1         community control as a special condition of

 2         parole, for the purpose of incorporating the

 3         amendment to s. 948.10, F.S., in a reference

 4         thereto; providing an effective date.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  Subsection (1) of section 948.001, Florida

 9  Statutes, is amended to read:

10         948.001  Definitions.--As used in this chapter, the

11  term:

12         (1)  "Administrative probation" means a form of

13  noncontact supervision in which an offender who presents a low

14  risk of harm to the community may, upon satisfactory

15  completion of half the term of probation, be transferred

16  placed by the Department of Corrections to on nonreporting

17  status until expiration of the term of supervision. The

18  department is authorized to collect an initial processing fee

19  of up to $50 for each probationer reduced to administrative

20  probation.  Such offender is exempt from further payment for

21  cost of supervision as required in s. 948.09.

22         Section 2.  Paragraph (c) of subsection (3) of section

23  948.01, Florida Statutes, is amended to read:

24         948.01  When court may place defendant on probation or

25  into community control.--

26         (3)  If, after considering the provisions of subsection

27  (2) and the offender's prior record or the seriousness of the

28  offense, it appears to the court in the case of a felony

29  disposition that probation is an unsuitable dispositional

30  alternative to imprisonment, the court may place the offender

31  in a community control program as provided in s. 948.10.  Or,


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 1  in a case of prior disposition of a felony commitment, upon

 2  motion of the offender or the department or upon its own

 3  motion, the court may, within the period of its retained

 4  jurisdiction following commitment, suspend the further

 5  execution of the disposition and place the offender in a

 6  community control program upon such terms as the court may

 7  require. The court may consult with a local offender advisory

 8  council pursuant to s. 948.90 with respect to the placement of

 9  an offender into community control. Not later than 3 working

10  days before the hearing on the motion, the department shall

11  forward to the court all relevant material on the offender's

12  progress while in custody.  If this sentencing alternative to

13  incarceration is utilized, the court shall:

14         (c)  Require the department to provide notifications

15  pursuant to s. 948.10(7) s. 948.10(6).

16         Section 3.  Present subsection (8) of section 948.10,

17  Florida Statutes, is redesignated as subsection (11) of

18  section 948.10, Florida Statutes, and present subsection (5)

19  of section 948.01, Florida Statutes, is transferred and

20  renumbered as subsection (10) of section 948.10, Florida

21  Statutes, to read:

22         948.10  Community control programs.--

23         (10)(5)  Upon completion of the sanctions imposed in

24  the community control plan before the expiration of the term

25  ordered by the court, the department may petition the court to

26  discharge the offender from community control supervision or

27  to return the offender to a program of regular probation

28  supervision. In considering the petition, the court should

29  recognize the limited staff resources committed to the

30  community control program, the purpose of the program, and the

31  


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 1  offender's successful compliance with the conditions set forth

 2  in the order of the court.

 3         Section 4.  Present subsection (6) of section 948.01,

 4  Florida Statutes, is transferred and renumbered as subsection

 5  (1) of section 948.012, Florida Statutes, to read:

 6         948.012  Split sentence of probation or community

 7  control and imprisonment.--

 8         (1)(6)  Whenever punishment by imprisonment for a

 9  misdemeanor or a felony, except for a capital felony, is

10  prescribed, the court, in its discretion, may, at the time of

11  sentencing, impose a split sentence whereby the defendant is

12  to be placed on probation or, with respect to any such felony,

13  into community control upon completion of any specified period

14  of such sentence which may include a term of years or less.

15  In such case, the court shall stay and withhold the imposition

16  of the remainder of sentence imposed upon the defendant and

17  direct that the defendant be placed upon probation or into

18  community control after serving such period as may be imposed

19  by the court.  The period of probation or community control

20  shall commence immediately upon the release of the defendant

21  from incarceration, whether by parole or gain-time allowances.

22         Section 5.  Subsection (7) of section 948.01, Florida

23  Statutes, is amended to read:

24         948.01  When court may place defendant on probation or

25  into community control.--

26         (7)  In no case shall The imposition of sentence may

27  not be suspended and the defendant thereupon placed on

28  probation or into community control unless the such defendant

29  is placed under the custody of the department or another

30  public or private entity. A private entity may not provide

31  probationary or supervision services to felony or misdemeanor


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 1  offenders sentenced or placed on probation or other

 2  supervision by the circuit court.

 3         Section 6.  Present subsection (9) of section 948.10,

 4  Florida Statutes, is redesignated as subsection (12) of

 5  section 948.10, Florida Statutes, and present subsection (9)

 6  of section 948.01, Florida Statutes, is transferred and

 7  renumbered as subsection (9) of section 948.10, Florida

 8  Statutes, to read:

 9         948.10  Community control programs.--

10         (9)  Procedures governing violations of community

11  control shall be the same as those described in s. 948.06 with

12  respect to probation.

13         Section 7.  Present subsections (2) through (7) of

14  section 948.10, Florida Statutes, are redesignated as

15  subsections (3) through (8), respectively, and present

16  subsection (10) of section 948.01, Florida Statutes, is

17  transferred and renumbered as subsection (2) of section

18  948.10, Florida Statutes, to read:

19         948.10  Community control programs.--

20         (2)(10)  An offender may not be placed in community

21  control if:

22         (a)  Convicted of or adjudication withheld for a

23  forcible felony as defined in s. 776.08, and

24         (b)  Previously convicted of or adjudication withheld

25  for a forcible felony as defined in s. 776.08.

26  

27  Nothing in this subsection prohibits placement of certain

28  inmates on community control pursuant to s. 947.1747.  For the

29  purposes of this subsection, a forcible felony does not

30  include manslaughter or burglary.

31  


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 1         Section 8.  Present subsection (11) of section 948.01,

 2  Florida Statutes, is transferred and renumbered as subsection

 3  (2) of section 948.012, Florida Statutes, to read:

 4         948.012  Split sentence of probation or community

 5  control and imprisonment.--

 6         (2)(11)  The court may also impose a split sentence

 7  whereby the defendant is sentenced to a term of probation

 8  which may be followed by a period of incarceration or, with

 9  respect to a felony, into community control, as follows:

10         (a)  If the offender meets the terms and conditions of

11  probation or community control, any term of incarceration may

12  be modified by court order to eliminate the term of

13  incarceration.

14         (b)  If the offender does not meet the terms and

15  conditions of probation or community control, the court may

16  revoke, modify, or continue the probation or community control

17  as provided in s. 948.06. If the probation or community

18  control is revoked, the court may impose any sentence that it

19  could have imposed at the time the offender was placed on

20  probation or community control. The court may not provide

21  credit for time served for any portion of a probation or

22  community control term toward a subsequent term of probation

23  or community control. However, the court may not impose a

24  subsequent term of probation or community control which, when

25  combined with any amount of time served on preceding terms of

26  probation or community control for offenses pending before the

27  court for sentencing, would exceed the maximum penalty

28  allowable as provided in s. 775.082. Such term of

29  incarceration shall be served under applicable law or county

30  ordinance governing service of sentences in state or county

31  


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 1  jurisdiction. This paragraph does not prohibit any other

 2  sanction provided by law.

 3         Section 9.  Present subsection (12) of section 948.01,

 4  Florida Statutes, is transferred and renumbered as subsection

 5  (3) of section 948.012, Florida Statutes, and amended to read:

 6         948.012  Split sentence of probation or community

 7  control and imprisonment.--

 8         (3)(12)  The court may also impose split probation

 9  whereby, upon satisfactory completion of half the term of

10  probation, the Department of Corrections may place the

11  offender on administrative probation as defined in s. 948.001

12  for the remainder of the term of supervision.

13         Section 10.  Present subsection (13) of section 948.01,

14  Florida Statutes, is transferred and renumbered as section

15  948.20, Florida Statutes, and amended to read:

16         948.20 (13)  Drug offender probation.--If it appears to

17  the court upon a hearing that the defendant is a chronic

18  substance abuser whose criminal conduct is a violation of s.

19  893.13(2)(a) or (6)(a), the court may either adjudge the

20  defendant guilty or stay and withhold the adjudication of

21  guilt; and, in either case, it may stay and withhold the

22  imposition of sentence and place the defendant on drug

23  offender probation.

24         (1)(a)  The Department of Corrections shall develop and

25  administer a drug offender probation program which emphasizes

26  a combination of treatment and intensive community supervision

27  approaches and which includes provision for supervision of

28  offenders in accordance with a specific treatment plan. The

29  program may include the use of graduated sanctions consistent

30  with the conditions imposed by the court. Drug offender

31  probation status shall include surveillance and random drug


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 1  testing, and may include those measures normally associated

 2  with community control, except that specific treatment

 3  conditions and other treatment approaches necessary to monitor

 4  this population may be ordered.

 5         (2)(b)  Offenders placed on drug offender probation are

 6  subject to revocation of probation as provided in s. 948.06.

 7         Section 11.  Present subsection (14) of section 948.01,

 8  Florida Statutes, is transferred and renumbered as subsection

 9  (3) of section 948.101, Florida Statutes, to read:

10         948.101  Terms and conditions of community control and

11  criminal quarantine community control.--

12         (3)(14)  The court may place a defendant who is being

13  sentenced for criminal transmission of HIV in violation of s.

14  775.0877 on criminal quarantine community control.  The

15  Department of Corrections shall develop and administer a

16  criminal quarantine community control program emphasizing

17  intensive supervision with 24-hour-per-day electronic

18  monitoring. Criminal quarantine community control status must

19  include surveillance and may include other measures normally

20  associated with community control, except that specific

21  conditions necessary to monitor this population may be

22  ordered.

23         Section 12.  Present subsection (15) of section 948.01,

24  Florida Statutes, is transferred and renumbered as subsection

25  (2) of 948.013, Florida Statutes, and amended to read:

26         948.013  Administrative probation.--

27         (1)  The Department of Corrections may establish

28  procedures for transferring an offender to administrative

29  probation. The department may collect an initial processing

30  fee of up to $50 for each probationer transferred to

31  


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 1  administrative probation. The offender is exempt from further

 2  payment for the cost of supervision as required in s. 948.09.

 3         (2)(15)  Effective for an offense committed on or after

 4  July 1, 1998, a person is ineligible for placement on

 5  administrative probation if the person is sentenced to or is

 6  serving a term of probation or community control, regardless

 7  of the conviction or adjudication, for committing, or

 8  attempting, conspiring, or soliciting to commit, any of the

 9  felony offenses described in s. 787.01 or s. 787.02, where the

10  victim is a minor and the defendant is not the victim's

11  parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.

12  825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.

13  847.0145.

14         Section 13.  Section 948.011, Florida Statutes, is

15  amended to read:

16         948.011  When court may impose fine and place on

17  probation or into community control as an alternative to

18  imprisonment.--When the law authorizes the placing of a

19  defendant on probation, and when the defendant's offense is

20  punishable by both fine and imprisonment, the trial court may,

21  in its discretion, impose a fine upon him or her and place him

22  or her on probation or into community control as an

23  alternative to imprisonment.

24         Section 14.  Subsection (1) of section 948.03, Florida

25  Statutes, as amended by section 136 of chapter 2003-402, Laws

26  of Florida, is amended to read:

27         948.03  Terms and conditions of probation or community

28  control.--

29         (1)  The court shall determine the terms and conditions

30  of probation or community control. Conditions specified in

31  this section paragraphs (a)-(m) do not require oral


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 1  pronouncement at the time of sentencing and may be considered

 2  standard conditions of probation. Conditions specified in

 3  paragraphs (a)-(m) and (2)(a) do not require oral

 4  pronouncement at sentencing and may be considered standard

 5  conditions of community control. These conditions may include

 6  among them the following, that the probationer or offender in

 7  community control shall:

 8         (a)  Report to the probation and parole supervisors as

 9  directed.

10         (b)  Permit such supervisors to visit him or her at his

11  or her home or elsewhere.

12         (c)  Work faithfully at suitable employment insofar as

13  may be possible.

14         (d)  Remain within a specified place.

15         (e)  Make reparation or restitution to the aggrieved

16  party for the damage or loss caused by his or her offense in

17  an amount to be determined by the court.  The court shall make

18  such reparation or restitution a condition of probation,

19  unless it determines that clear and compelling reasons exist

20  to the contrary. If the court does not order restitution, or

21  orders restitution of only a portion of the damages, as

22  provided in s. 775.089, it shall state on the record in detail

23  the reasons therefor.

24         (f)  Effective July 1, 1994, and applicable for

25  offenses committed on or after that date, make payment of the

26  debt due and owing to a county or municipal detention facility

27  under s. 951.032 for medical care, treatment, hospitalization,

28  or transportation received by the felony probationer while in

29  that detention facility. The court, in determining whether to

30  order such repayment and the amount of such repayment, shall

31  consider the amount of the debt, whether there was any fault


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 1  of the institution for the medical expenses incurred, the

 2  financial resources of the felony probationer, the present and

 3  potential future financial needs and earning ability of the

 4  probationer, and dependents, and other appropriate factors.

 5         (g)  Support his or her legal dependents to the best of

 6  his or her ability.

 7         (h)  Make payment of the debt due and owing to the

 8  state under s. 960.17, subject to modification based on change

 9  of circumstances.

10         (i)  Pay any application fee assessed under s.

11  27.52(2)(a) and attorney's fees and costs assessed under s.

12  938.29, subject to modification based on change of

13  circumstances.

14         (j)  Not associate with persons engaged in criminal

15  activities.

16         (k)1.  Submit to random testing as directed by the

17  correctional probation officer or the professional staff of

18  the treatment center where he or she is receiving treatment to

19  determine the presence or use of alcohol or controlled

20  substances.

21         2.  If the offense was a controlled substance violation

22  and the period of probation immediately follows a period of

23  incarceration in the state correction system, the conditions

24  shall include a requirement that the offender submit to random

25  substance abuse testing intermittently throughout the term of

26  supervision, upon the direction of the correctional probation

27  officer as defined in s. 943.10(3).

28         (l)  Be prohibited from possessing, carrying, or owning

29  any firearm unless authorized by the court and consented to by

30  the probation officer.

31  


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 1         (m)  Be prohibited from using intoxicants to excess or

 2  possessing any drugs or narcotics unless prescribed by a

 3  physician. The probationer or community controllee shall not

 4  knowingly visit places where intoxicants, drugs, or other

 5  dangerous substances are unlawfully sold, dispensed, or used.

 6         (n)  Submit to the drawing of blood or other biological

 7  specimens as prescribed in ss. 948.014 and 943.325, and

 8  reimburse the appropriate agency for the costs of drawing and

 9  transmitting the blood or other biological specimens to the

10  Department of Law Enforcement.

11         (n)  Attend an HIV/AIDS awareness program consisting of

12  a class of not less than 2 hours or more than 4 hours in

13  length, the cost for which shall be paid by the offender, if

14  such a program is available in the county of the offender's

15  residence.

16         (o)  Pay not more than $1 per month during the term of

17  probation or community control to a nonprofit organization

18  established for the sole purpose of supplementing the

19  rehabilitative efforts of the Department of Corrections.

20         Section 15.  Present subsection (2) of section 948.03,

21  Florida Statutes, is transferred and renumbered as subsection

22  (1) of section 948.101, Florida Statutes, and amended to read:

23         948.101  Terms and conditions of community control and

24  criminal quarantine community control.--

25         (1)  The court shall determine the terms and conditions

26  of community control. Conditions specified in this subsection

27  do not require oral pronouncement at the time of sentencing

28  and may be considered standard conditions of community

29  control.

30  

31  


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 1         (2)(a)  The court shall require intensive supervision

 2  and surveillance for an offender placed into community

 3  control, which may include but is not limited to:

 4         1.  Specified contact with the parole and probation

 5  officer.

 6         2.  Confinement to an agreed-upon residence during

 7  hours away from employment and public service activities.

 8         3.  Mandatory public service.

 9         4.  Supervision by the Department of Corrections by

10  means of an electronic monitoring device or system.

11         5.  The standard conditions of probation set forth in

12  s. 948.03(1) and (2).

13         (b)  For an offender placed on criminal quarantine

14  community control, the court shall require:

15         1.  Electronic monitoring 24 hours per day.

16         2.  Confinement to a designated residence during

17  designated hours.

18         (2)  The enumeration of specific kinds of terms and

19  conditions does not prevent the court from adding thereto any

20  other terms or conditions that the court considers proper.

21  However, the sentencing court may only impose a condition of

22  supervision allowing an offender convicted of s. 794.011, s.

23  800.04, s. 827.071, or s. 847.0145 to reside in another state

24  if the order stipulates that it is contingent upon the

25  approval of the receiving state interstate compact authority.

26  The court may rescind or modify at any time the terms and

27  conditions theretofore imposed by it upon the offender in

28  community control. However, if the court withholds

29  adjudication of guilt or imposes a period of incarceration as

30  a condition of community control, the period may not exceed

31  364 days, and incarceration shall be restricted to a county


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 1  facility, a probation and restitution center under the

 2  jurisdiction of the Department of Corrections, a probation

 3  program drug punishment phase I secure residential treatment

 4  institution, or a community residential facility owned or

 5  operated by any entity providing such services.

 6         Section 16.  Present subsection (3) of section 948.03,

 7  Florida Statutes, is transferred and renumbered as section

 8  948.11, Florida Statutes, and amended to read:

 9         948.11  Electronic monitoring devices.--Pursuant to

10  chapter 287, the department shall issue a request for proposal

11  for electronic monitoring devices to be utilized by the

12  department for purposes of electronic monitoring under this

13  section or any other section of law which authorizes

14  electronic monitoring. Electronic monitoring devices certified

15  for use by the department must be licensed by the FCC, must be

16  capable of maintaining full operation on a backup power source

17  for 8 hours, and must meet such other necessary and vital

18  specifications as may be set by the department for

19  tamper-alert, efficient, and economical usage.  The provisions

20  of this section do not apply to passive devices.

21         (1)(3)(a)1.  The Department of Corrections may, at its

22  discretion, electronically monitor an offender sentenced to

23  community control.

24         (b)2.  The Department of Corrections shall

25  electronically monitor an offender sentenced to criminal

26  quarantine community control 24 hours per day.

27         (2)(b)  Any offender placed on community control who

28  violates the terms and conditions of community control and is

29  restored to community control may be supervised by means of an

30  electronic monitoring device or system.

31  


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 1         (3)(c)  For those offenders being electronically

 2  monitored, the Department of Corrections shall develop

 3  procedures to determine, investigate, and report the

 4  offender's noncompliance with the terms and conditions of

 5  sentence 24 hours per day.  All reports of noncompliance shall

 6  be immediately investigated by a community control officer.

 7         (4)(d)  The Department of Corrections may contract with

 8  local law enforcement agencies to assist in the location and

 9  apprehension of offenders who are in noncompliance as reported

10  by the electronic monitoring system. This contract is intended

11  to provide the department a means for providing immediate

12  investigation of noncompliance reports, especially after

13  normal office hours.

14         (5)  Any person being electronically monitored by the

15  department as a result of placement on community control shall

16  be required to pay a surcharge as provided in s. 948.09(2).

17         Section 17.  Present subsection (4) of section 948.03,

18  Florida Statutes, is transferred and renumbered as section

19  948.31, Florida Statutes, and amended to read:

20         948.31 (4)  Diagnosis, evaluation, and treatment of

21  offenders placed on probation or community control for certain

22  sex offenses or child exploitation.-- The court shall require

23  a diagnosis and evaluation to determine the need of a

24  probationer or offender in community control for treatment.

25  If the court determines that a need therefor is established by

26  such diagnosis and evaluation process, the court shall require

27  outpatient counseling as a term or condition of probation or

28  community control for any person who was found guilty of any

29  of the following, or whose plea of guilty or nolo contendere

30  to any of the following was accepted by the court:

31  


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 1         (1)(a)  Lewd or lascivious battery, lewd or lascivious

 2  molestation, lewd or lascivious conduct, or lewd or lascivious

 3  exhibition, as defined in s. 800.04.

 4         (2)(b)  Sexual battery, as defined in chapter 794,

 5  against a child.

 6         (3)(c)  Exploitation of a child as provided in s.

 7  450.151, or for prostitution.

 8  

 9  Such counseling shall be required to be obtained from a

10  community mental health center, a recognized social service

11  agency providing mental health services, or a private mental

12  health professional or through other professional counseling.

13  The plan for counseling for the individual shall be provided

14  to the court for review.

15         Section 18.  Present subsection (5) of section 948.03,

16  Florida Statutes, is transferred and renumbered as section

17  948.30, Florida Statutes, and amended to read:

18         948.30 (5)  Additional terms and conditions of

19  probation or community control for certain sex offenses.--

20  Conditions imposed pursuant to this section subsection, as

21  specified in paragraphs (a) and (b), do not require oral

22  pronouncement at the time of sentencing and shall be

23  considered standard conditions of probation or community

24  control for offenders specified in this section subsection.

25         (1)(a)  Effective for probationers or community

26  controllees whose crime was committed on or after October 1,

27  1995, and who are placed under supervision for violation of

28  chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court

29  must impose the following conditions in addition to all other

30  standard and special conditions imposed:

31  


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 1         (a)1.  A mandatory curfew from 10 p.m. to 6 a.m. The

 2  court may designate another 8-hour period if the offender's

 3  employment precludes the above specified time, and such

 4  alternative is recommended by the Department of Corrections.

 5  If the court determines that imposing a curfew would endanger

 6  the victim, the court may consider alternative sanctions.

 7         (b)2.  If the victim was under the age of 18, a

 8  prohibition on living within 1,000 feet of a school, day care

 9  center, park, playground, or other place where children

10  regularly congregate, as prescribed by the court. The

11  1,000-foot distance shall be measured in a straight line from

12  the offender's place of residence to the nearest boundary line

13  of the school, day care center, park, playground, or other

14  place where children congregate. The distance may not be

15  measured by a pedestrian route or automobile route.

16         (c)3.  Active participation in and successful

17  completion of a sex offender treatment program with therapists

18  specifically trained to treat sex offenders, at the

19  probationer's or community controllee's own expense. If a

20  specially trained therapist is not available within a 50-mile

21  radius of the probationer's or community controllee's

22  residence, the offender shall participate in other appropriate

23  therapy.

24         (d)4.  A prohibition on any contact with the victim,

25  directly or indirectly, including through a third person,

26  unless approved by the victim, the offender's therapist, and

27  the sentencing court.

28         (e)5.  If the victim was under the age of 18, a

29  prohibition, until successful completion of a sex offender

30  treatment program, on unsupervised contact with a child under

31  the age of 18, unless authorized by the sentencing court


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 1  without another adult present who is responsible for the

 2  child's welfare, has been advised of the crime, and is

 3  approved by the sentencing court.

 4         (f)6.  If the victim was under age 18, a prohibition on

 5  working for pay or as a volunteer at any school, day care

 6  center, park, playground, or other place where children

 7  regularly congregate.

 8         (g)7.  Unless otherwise indicated in the treatment plan

 9  provided by the sexual offender treatment program, a

10  prohibition on viewing, owning, or possessing any obscene,

11  pornographic, or sexually stimulating visual or auditory

12  material, including telephone, electronic media, computer

13  programs, or computer services that are relevant to the

14  offender's deviant behavior pattern.

15         (h)8.  A requirement that the probationer or community

16  controllee must submit a specimen two specimens of blood or

17  other approved biological specimen specimens to the Florida

18  Department of Law Enforcement to be registered with the DNA

19  data bank.

20         (i)9.  A requirement that the probationer or community

21  controllee make restitution to the victim, as ordered by the

22  court under s. 775.089, for all necessary medical and related

23  professional services relating to physical, psychiatric, and

24  psychological care.

25         (j)10.  Submission to a warrantless search by the

26  community control or probation officer of the probationer's or

27  community controllee's person, residence, or vehicle.

28         (2)(b)  Effective for a probationer or community

29  controllee whose crime was committed on or after October 1,

30  1997, and who is placed on sex offender probation for a

31  violation of chapter 794, s. 800.04, s. 827.071, or s.


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 1  847.0145, in addition to any other provision of this

 2  subsection, the court must impose the following conditions of

 3  probation or community control:

 4         (a)1.  As part of a treatment program, participation at

 5  least annually in polygraph examinations to obtain information

 6  necessary for risk management and treatment and to reduce the

 7  sex offender's denial mechanisms. A polygraph examination must

 8  be conducted by a polygrapher trained specifically in the use

 9  of the polygraph for the monitoring of sex offenders, where

10  available, and shall be paid for by the sex offender. The

11  results of the polygraph examination shall not be used as

12  evidence in court to prove that a violation of community

13  supervision has occurred.

14         (b)2.  Maintenance of a driving log and a prohibition

15  against driving a motor vehicle alone without the prior

16  approval of the supervising officer.

17         (c)3.  A prohibition against obtaining or using a post

18  office box without the prior approval of the supervising

19  officer.

20         (d)4.  If there was sexual contact, a submission to, at

21  the probationer's or community controllee's expense, an HIV

22  test with the results to be released to the victim or and/or

23  the victim's parent or guardian.

24         (e)5.  Electronic monitoring when deemed necessary by

25  the community control or probation officer and his or her

26  supervisor, and ordered by the court at the recommendation of

27  the Department of Corrections.

28         Section 19.  Subsection (6) of section 948.03, Florida

29  Statutes, is amended to read:

30         948.03  Terms and conditions of probation or community

31  control.--


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 1         (6)  The enumeration of specific kinds of terms and

 2  conditions shall not prevent the court from adding thereto

 3  such other or others as it considers proper. However, the

 4  sentencing court may only impose a condition of supervision

 5  allowing an offender convicted of s. 794.011, s. 800.04, s.

 6  827.071, or s. 847.0145, to reside in another state, if the

 7  order stipulates that it is contingent upon the approval of

 8  the receiving state interstate compact authority. The court

 9  may rescind or modify at any time the terms and conditions

10  theretofore imposed by it upon the probationer or offender in

11  community control.  However, if the court withholds

12  adjudication of guilt or imposes a period of incarceration as

13  a condition of probation or community control, the period

14  shall not exceed 364 days, and incarceration shall be

15  restricted to either a county facility, a probation and

16  restitution center under the jurisdiction of the Department of

17  Corrections, a probation program drug punishment phase I

18  secure residential treatment institution, or a community

19  residential facility owned or operated by any entity providing

20  such services.

21         Section 20.  Present subsection (7) of section 948.03,

22  Florida Statutes, is transferred and renumbered as section

23  948.035, Florida Statutes, and amended to read:

24         948.035 (7)(a)  Residential treatment as a condition of

25  probation or community control.--

26         (1)  If the court imposes a period of residential

27  treatment or incarceration as a condition of probation or

28  community control, the residential treatment or incarceration

29  shall be restricted to the following facilities:

30         (a)1.  A Department of Corrections probation and

31  restitution center;


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 1         (b)2.  A probation program drug punishment treatment

 2  community;

 3         (c)3.  A community residential facility which is owned

 4  and operated by any public or private entity, excluding a

 5  community correctional center as defined in s. 944.026; or

 6         (d)4.  A county-owned facility.

 7         (2)(b)  It is the intent of the Legislature that a

 8  county jail be used as the last available alternative for

 9  placement of an offender as a condition of probation.

10  However, this shall not create a right of placement for the

11  probationer, nor shall it restrict judicial discretion in

12  ordering such treatment or incarceration.

13         (3)(c)  Prior to admission to such a facility or

14  treatment community, the court shall obtain an individual

15  assessment and recommendation on the appropriate treatment

16  needs pursuant to chapter 953 or the Community Control

17  Implementation Manual which shall be considered by the court

18  in ordering such placements. Placement in such a facility or

19  center, or in the phase I secure residential phase of a

20  probation program drug punishment treatment community, shall

21  not exceed 364 days. Early completion of an offender's

22  placement shall be recommended to the court, when appropriate,

23  by the facility or center supervisor, by the supervising

24  probation officer, or by the program manager. However, with

25  respect to the placement of a probationer pursuant to chapter

26  953, such placement shall not be completed until satisfactory

27  completion of the drug punishment program.  Termination for

28  cause from such a program shall be pursuant to s. 953.25(4).

29  The Department of Corrections is authorized to contract with

30  appropriate agencies for provision of services.

31  


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 1         Section 21.  Present subsection (8) of section 948.03,

 2  Florida Statutes, is transferred and renumbered as section

 3  948.036, Florida Statutes, and amended to read:

 4         948.036 (8)(a)  Work programs as a condition of

 5  probation, community control, or other court-ordered community

 6  supervision.--

 7         (1)  Whenever an offender is required by the court to

 8  participate in any work program under the provisions of this

 9  chapter, enters into the pretrial intervention program

10  pursuant to s. 948.08, or volunteers to work in a supervised

11  work program conducted by a specified state, county,

12  municipal, or community service organization or to work for

13  the victim, either as an alternative to monetary restitution

14  or as a part of the rehabilitative or community control

15  program, the offender shall be considered an employee of the

16  state for the purposes of chapter 440.

17         (2)(b)  In determining the average weekly wage, unless

18  otherwise determined by a specific funding program, all

19  remuneration received from the employer shall be considered a

20  gratuity, and the offender shall not be entitled to any

21  benefits otherwise payable under s. 440.15, regardless of

22  whether the offender may be receiving wages and remuneration

23  from other employment with another employer and regardless of

24  his or her future wage-earning capacity. The provisions of

25  this section subsection do not apply to any person performing

26  labor under a sentence of a court to perform community

27  services as provided in s. 316.193.

28         Section 22.  Present subsection (9) of section 948.03,

29  Florida Statutes, is transferred and renumbered as section

30  948.037, Florida Statutes, and amended to read:

31  


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 1         948.037 (9)(a)  Education and learning as a condition

 2  of probation or community control.--

 3         (1)  As a condition of community control, probation, or

 4  probation following incarceration, the court shall require an

 5  offender who has not obtained a high school diploma or high

 6  school equivalency diploma or who lacks basic or functional

 7  literacy skills, upon acceptance by an adult education

 8  program, to make a good faith effort toward completion of such

 9  basic or functional literacy skills or high school equivalency

10  diploma, as defined in s. 1003.435, in accordance with the

11  assessed adult general education needs of the individual

12  offender.  The court shall not revoke community control,

13  probation, or probation following incarceration because of the

14  offender's inability to achieve such skills or diploma but may

15  revoke community control, probation, or probation following

16  incarceration if the offender fails to make a good faith

17  effort to achieve such skills or diploma.  The court may grant

18  early termination of community control, probation, or

19  probation following incarceration upon the offender's

20  successful completion of the approved program.  As used in

21  this subsection, "good faith effort" means the offender is

22  enrolled in a program of instruction and is attending and

23  making satisfactory progress toward completion of the

24  requirements.

25         (2)(b)  A juvenile on community control who is a public

26  school student must attend a public adult education program or

27  a dropout prevention program, pursuant to s. 1003.53, which

28  includes a second chance school or an alternative to

29  expulsion, if the school district where the juvenile is

30  enrolled offers such programs, unless the principal of the

31  


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 1  school determines that special circumstances warrant

 2  continuation in the regular educational school program.

 3         (3)(c)  If a juvenile on community control attends a

 4  regular educational school program because a public adult

 5  education program or dropout prevention program, which

 6  includes a second chance school or an alternative to

 7  expulsion, is not available in the school district, the

 8  identity of the juvenile on community control, the nature of

 9  the felony offense committed by the juvenile, and the

10  conditions of community control must be made known to each of

11  the student's teachers.

12         Section 23.  Present subsection (10) of section 948.03,

13  Florida Statutes, is transferred and renumbered as subsections

14  (1) and (2) of section 948.014, Florida Statutes, and amended

15  to read:

16         948.014 (10)  Requirement to submit to drawing of blood

17  or other biological specimens.--

18         (1)  As a condition of probation, community control, or

19  any other court-ordered community supervision, the court shall

20  order persons convicted of offenses specified in s. 943.325 to

21  submit to the drawing of the blood or other biological

22  specimens as prescribed in that section as a condition of the

23  probation, community control, or other court-ordered community

24  supervision.

25         (2)  For the purposes of this section subsection,

26  conviction shall include a finding of guilty, or entry of a

27  plea of nolo contendere or guilty, regardless of adjudication,

28  or, in the case of a juvenile, the finding of delinquency.

29         Section 24.  Present subsection (11) of section 948.03,

30  Florida Statutes, is transferred and renumbered as subsection

31  (3) of section 948.014, Florida Statutes, and amended to read:


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 1         948.014  Requirement to submit to drawing of blood or

 2  other biological specimens.--

 3         (3)(11)  Any order issued pursuant to this section

 4  subsection (10) shall also require the convicted person to

 5  reimburse the appropriate agency for the costs of drawing and

 6  transmitting the blood or other biological specimens to the

 7  Florida Department of Law Enforcement.

 8         Section 25.  Present subsection (12) of section 948.03,

 9  Florida Statutes, is transferred and renumbered as section

10  948.038, Florida Statutes, and amended to read:

11         948.038 (12)  Batterers' intervention program as a

12  condition of probation, community control, or other

13  court-ordered community supervision.--As a condition of

14  probation, community control, or any other court-ordered

15  community supervision, the court shall order a person

16  convicted of an offense of domestic violence, as defined in s.

17  741.28, to attend and successfully complete a batterers'

18  intervention program unless the court determines that the

19  person does not qualify for the batterers' intervention

20  program pursuant to s. 741.325. Effective July 1, 2002, The

21  batterers' intervention program must be a program certified

22  under s. 741.32 and the offender must pay the cost of

23  attending the program.

24         Section 26.  Section 948.039, Florida Statutes, is

25  created to read:

26         948.039  Special terms and conditions of probation or

27  community control imposed by court order.--The court may

28  determine any special terms and conditions of probation or

29  community control. The terms and conditions should be

30  reasonably related to the circumstances of the offense

31  committed and appropriate for the offender. The court shall


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 1  impose the special terms and conditions by oral pronouncement

 2  at sentencing and include the terms and conditions in the

 3  written sentencing order. Special terms and conditions may

 4  include, but are not limited to, requirements that the

 5  offender:

 6         (1)  Attend an HIV/AIDS awareness program consisting of

 7  a class of not less than 2 hours or more than 4 hours in

 8  length, if such a program is available in the county of the

 9  offender's residence. The offender shall pay the cost of

10  attending the program.

11         (2)  Pay not more than $1 per month during the term of

12  probation or community control to a nonprofit organization

13  established for the sole purpose of supplementing the

14  rehabilitative efforts of the Department of Corrections.

15         Section 27.  Subsection (1) of section 948.06, Florida

16  Statutes, is amended to read:

17         948.06  Violation of probation or community control;

18  revocation; modification; continuance; failure to pay

19  restitution or cost of supervision.--

20         (1)(a)  Whenever within the period of probation or

21  community control there are reasonable grounds to believe that

22  a probationer or offender in community control has violated

23  his or her probation or community control in a material

24  respect, any law enforcement officer who is aware of the

25  probationary or community control status of the probationer or

26  offender in community control or any parole or probation

27  supervisor may arrest or request any county or municipal law

28  enforcement officer to arrest such probationer or offender

29  without warrant wherever found and forthwith return him or her

30  to the court granting such probation or community control.

31  


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 1         (b)  Any committing magistrate may issue a warrant,

 2  upon the facts being made known to him or her by affidavit of

 3  one having knowledge of such facts, for the arrest of the

 4  probationer or offender, returnable forthwith before the court

 5  granting such probation or community control.

 6         (c)  Any parole or probation supervisor, any officer

 7  authorized to serve criminal process, or any peace officer of

 8  this state is authorized to serve and execute such warrant.

 9         (d)  Upon the filing of an affidavit alleging a

10  violation of probation or community control and following

11  issuance of a warrant under s. 901.02, the probationary period

12  is tolled until the court enters a ruling on the violation.

13  Notwithstanding the tolling of probation as provided in this

14  subsection, the court shall retain jurisdiction over the

15  offender for any violation of the conditions of probation or

16  community control that is alleged to have occurred during the

17  tolling period. The probation officer is permitted to continue

18  to supervise any offender who remains available to the officer

19  for supervision until the supervision expires pursuant to the

20  order of probation or community control or until the court

21  revokes or terminates the probation or community control,

22  whichever comes first.

23         (2)(a)  The court, upon the probationer or offender

24  being brought before it, shall advise him or her of such

25  charge of violation and, if such charge is admitted to be

26  true, may forthwith revoke, modify, or continue the probation

27  or community control or place the probationer into a community

28  control program.

29         (b)  If probation or community control is revoked, the

30  court shall adjudge the probationer or offender guilty of the

31  offense charged and proven or admitted, unless he or she has


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 1  previously been adjudged guilty, and impose any sentence which

 2  it might have originally imposed before placing the

 3  probationer on probation or the offender into community

 4  control.

 5         (c)  If such violation of probation or community

 6  control is not admitted by the probationer or offender, the

 7  court may commit him or her or release him or her with or

 8  without bail to await further hearing, or it may dismiss the

 9  charge of probation or community control violation.

10         (d)  If such charge is not at that time admitted by the

11  probationer or offender and if it is not dismissed, the court,

12  as soon as may be practicable, shall give the probationer or

13  offender an opportunity to be fully heard on his or her behalf

14  in person or by counsel.

15         (e)  After such hearing, the court may revoke, modify,

16  or continue the probation or community control or place the

17  probationer into community control. If such probation or

18  community control is revoked, the court shall adjudge the

19  probationer or offender guilty of the offense charged and

20  proven or admitted, unless he or she has previously been

21  adjudged guilty, and impose any sentence which it might have

22  originally imposed before placing the probationer or offender

23  on probation or into community control.

24         (f)  Notwithstanding s. 775.082, when a period of

25  probation or community control has been tolled, upon

26  revocation or modification of the probation or community

27  control, the court may impose a sanction with a term that when

28  combined with the amount of supervision served and tolled,

29  exceeds the term permissible pursuant to s. 775.082 for a term

30  up to the amount of the tolled period of supervision.

31  


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 1         (g)  If the court dismisses an affidavit alleging a

 2  violation of probation or community control, the offender's

 3  probation or community control shall continue as previously

 4  imposed, and the offender shall receive credit for all tolled

 5  time against his or her term of probation or community

 6  control.

 7         Section 28.  Present subsection (2) of section 948.06,

 8  Florida Statutes, is transferred and renumbered as section

 9  948.32, Florida Statutes, and amended to read:

10         948.32 (2)(a)  Requirements of law enforcement agency

11  upon arrest of persons for certain sex offenses.--

12         (1)  When any state or local law enforcement agency

13  investigates or arrests a person for committing, or

14  attempting, soliciting, or conspiring to commit, a violation

15  of  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071,

16  s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement

17  agency shall contact the Department of Corrections to verify

18  whether the person under investigation or under arrest is on

19  probation, community control, parole, conditional release, or

20  control release.

21         (2)(b)  If the law enforcement agency finds that the

22  person under investigation or under arrest is on probation,

23  community control, parole, conditional release, or control

24  release, the law enforcement agency shall immediately notify

25  the person's probation officer or release supervisor of the

26  investigation or the arrest.

27         Section 29.  Subsections (1) and (7) of section 948.09,

28  Florida Statutes, are amended to read:

29         948.09  Payment for cost of supervision and

30  rehabilitation.--

31  


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 1         (1)(a)1.  Any person ordered by the court, the

 2  Department of Corrections, or the parole commission to be

 3  placed on probation, drug offender probation, community

 4  control, parole, control release, provisional release

 5  supervision, addiction-recovery supervision, or conditional

 6  release supervision under chapter 944, chapter 945, chapter

 7  947, chapter 948, or chapter 958, or in a pretrial

 8  intervention program, must, as a condition of any placement,

 9  pay the department a total sum of money equal to the total

10  month or portion of a month of supervision times the

11  court-ordered amount, but not to exceed the actual per diem

12  cost of the supervision. The department shall adopt rules by

13  which an offender who pays in full and in advance of regular

14  termination of supervision may receive a reduction in the

15  amount due. The rules shall incorporate provisions by which

16  the offender's ability to pay is linked to an established

17  written payment plan. Funds collected from felony offenders

18  may be used to offset costs of the Department of Corrections

19  associated with community supervision programs, subject to

20  appropriation by the Legislature.

21         2.  In addition to any other contribution or surcharge

22  imposed by this section, each felony offender assessed under

23  this paragraph shall pay a $2-per-month surcharge to the

24  department. The surcharge shall be deemed to be paid only

25  after the full amount of any monthly payment required by the

26  established written payment plan has been collected by the

27  department. These funds shall be used by the department to pay

28  for correctional probation officers' training and equipment,

29  including radios, and firearms training, firearms, and

30  attendant equipment necessary to train and equip officers who

31  choose to carry a concealed firearm while on duty. Nothing in


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 1  this subparagraph shall be construed to limit the department's

 2  authority to determine who shall be authorized to carry a

 3  concealed firearm while on duty, or to limit the right of a

 4  correctional probation officer to carry a personal firearm

 5  approved by the department.

 6         (b)  Any person placed on misdemeanor probation by a

 7  county court must contribute not less than $40 per month, as

 8  decided by the sentencing court, to the court-approved public

 9  or private entity providing misdemeanor supervision.

10         (7)  The department shall establish a payment plan for

11  all costs ordered by the courts for collection by the

12  department and a priority order for payments, except that

13  victim restitution payments authorized under s. 948.03(5) s.

14  948.03(1)(e) take precedence over all other court-ordered

15  payments. The department is not required to disburse

16  cumulative amounts of less than $10 to individual payees

17  established on this payment plan.

18         Section 30.  Subsection (7) of section 948.10, Florida

19  Statutes, is amended to read:

20         948.10  Community control programs.--

21         (7)  If an offender is sentenced to community control

22  by the court and the offender is ineligible to be placed on

23  community control as provided in s. 948.10(2) s. 948.01(10),

24  the department shall:

25         (a)  Review and verify whether an ineligible offender

26  was placed on community control.

27         (b)  Within 30 days after receipt of the order, notify

28  the sentencing judge, the state attorney, and the Attorney

29  General that the offender was ineligible for placement on

30  community control.

31  


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 1         (c)  Provide a quarterly report to the chief judge and

 2  the state attorney of each circuit citing the number of

 3  ineligible offenders placed on community control within that

 4  circuit.

 5         (d)  Provide an annual report to the Governor, the

 6  President of the Senate, the Speaker of the House of

 7  Representatives, and the Chief Justice of the Supreme Court on

 8  the placement of ineligible offenders on community control in

 9  order to assist in preparing judicial education programs or

10  for any other purpose.

11         Section 31.  Subsection (1) of section 948.04, Florida

12  Statutes, is amended to read:

13         948.04  Period of probation; duty of probationer; early

14  termination.--

15         (1)  Defendants found guilty of felonies who are placed

16  on probation shall be under supervision not to exceed 2 years

17  unless otherwise specified by the court. No defendant placed

18  on probation pursuant to s. 948.012(1) s. 948.01(6) or s.

19  948.034 is subject to the probation limitations of this

20  subsection. A defendant who is placed on probation or

21  community control for a violation of chapter 794 or chapter

22  827 is subject to the maximum level of supervision provided by

23  the supervising agency, and that supervision shall continue

24  through the full term of the court-imposed probation or

25  community control.

26         Section 32.  Paragraph (c) of subsection (17) of

27  section 440.02, Florida Statutes, is amended to read:

28         440.02  Definitions.--When used in this chapter, unless

29  the context clearly requires otherwise, the following terms

30  shall have the following meanings:

31         (17)


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 1         (c)  "Employment" does not include service performed by

 2  or as:

 3         1.  Domestic servants in private homes.

 4         2.  Agricultural labor performed on a farm in the

 5  employ of a bona fide farmer, or association of farmers, that

 6  employs 5 or fewer regular employees and that employs fewer

 7  than 12 other employees at one time for seasonal agricultural

 8  labor that is completed in less than 30 days, provided such

 9  seasonal employment does not exceed 45 days in the same

10  calendar year. The term "farm" includes stock, dairy, poultry,

11  fruit, fur-bearing animals, fish, and truck farms, ranches,

12  nurseries, and orchards. The term "agricultural labor"

13  includes field foremen, timekeepers, checkers, and other farm

14  labor supervisory personnel.

15         3.  Professional athletes, such as professional boxers,

16  wrestlers, baseball, football, basketball, hockey, polo,

17  tennis, jai alai, and similar players, and motorsports teams

18  competing in a motor racing event as defined in s. 549.08.

19         4.  Labor under a sentence of a court to perform

20  community services as provided in s. 316.193.

21         5.  State prisoners or county inmates, except those

22  performing services for private employers or those enumerated

23  in s. 948.036(1) s. 948.03(8)(a).

24         Section 33.  Paragraph (b) of subsection (3) of section

25  775.21, Florida Statutes, is amended to read:

26         775.21  The Florida Sexual Predators Act; definitions;

27  legislative findings, purpose, and intent; criteria;

28  designation; registration; community and public notification;

29  immunity; penalties.--

30         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

31  INTENT.--


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 1         (b)  The high level of threat that a sexual predator

 2  presents to the public safety, and the long-term effects

 3  suffered by victims of sex offenses, provide the state with

 4  sufficient justification to implement a strategy that

 5  includes:

 6         1.  Incarcerating sexual predators and maintaining

 7  adequate facilities to ensure that decisions to release sexual

 8  predators into the community are not made on the basis of

 9  inadequate space.

10         2.  Providing for specialized supervision of sexual

11  predators who are in the community by specially trained

12  probation officers with low caseloads, as described in ss.

13  947.1405(7) and 948.30 948.03(5). The sexual predator is

14  subject to specified terms and conditions implemented at

15  sentencing or at the time of release from incarceration, with

16  a requirement that those who are financially able must pay all

17  or part of the costs of supervision.

18         3.  Requiring the registration of sexual predators,

19  with a requirement that complete and accurate information be

20  maintained and accessible for use by law enforcement

21  authorities, communities, and the public.

22         4.  Providing for community and public notification

23  concerning the presence of sexual predators.

24         5.  Prohibiting sexual predators from working with

25  children, either for compensation or as a volunteer.

26         Section 34.  Paragraph (b) of subsection (2) of section

27  812.0155, Florida Statutes, is amended to read:

28         812.0155  Suspension of driver's license following an

29  adjudication of guilt for theft.--

30         (2)  The court may revoke, suspend, or withhold

31  issuance of a driver's license of a person less than 18 years


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 1  of age who violates s. 812.014 or s. 812.015 as an alternative

 2  to sentencing the person to:

 3         (b)  Probation as defined in s. 985.03, commitment to

 4  the Department of Juvenile Justice, probation as defined in

 5  chapter 948 s. 948.01, community control, or incarceration, if

 6  the person is convicted as an adult of such violation and has

 7  not previously been convicted of or adjudicated delinquent for

 8  any criminal offense, regardless of whether adjudication was

 9  withheld.

10         Section 35.  Section 921.0017, Florida Statutes, is

11  amended to read:

12         921.0017  Credit upon recommitment of offender serving

13  split sentence.--Effective for offenses committed on or after

14  January 1, 1994, if an offender's probation or community

15  control is revoked and the offender is serving a split

16  sentence pursuant to s. 948.012 s. 948.01, upon recommitment

17  to the Department of Corrections, the court shall order credit

18  for time served in state prison or county jail only, without

19  considering any type of gain-time earned before release to

20  supervision, or any type of sentence reduction granted to

21  avoid prison overcrowding, including, but not limited to, any

22  sentence reduction resulting from administrative gain-time,

23  provisional credits, or control release. The court shall

24  determine the amount of jail-time credit to be awarded for

25  time served between the date of arrest as a violator and the

26  date of recommitment, and shall direct the Department of

27  Corrections to compute and apply credit for all other time

28  served previously on the prior sentence for the offense for

29  which the offender is being recommitted. This section does not

30  affect or limit the department's authority to forfeit

31  gain-time under ss. 944.28(1) and 948.06(7).


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 1         Section 36.  Paragraph (a) of subsection (1) of section

 2  921.187, Florida Statutes, is amended to read:

 3         921.187  Disposition and sentencing; alternatives;

 4  restitution.--

 5         (1)  The alternatives provided in this section for the

 6  disposition of criminal cases shall be used in a manner that

 7  will best serve the needs of society, punish criminal

 8  offenders, and provide the opportunity for rehabilitation.

 9         (a)  If the offender does not receive a state prison

10  sentence, the court may:

11         1.  Impose a split sentence whereby the offender is to

12  be placed on probation upon completion of any specified period

13  of such sentence, which period may include a term of years or

14  less.

15         2.  Make any other disposition that is authorized by

16  law.

17         3.  Place the offender on probation with or without an

18  adjudication of guilt pursuant to s. 948.01.

19         4.  Impose a fine and probation pursuant to s. 948.011

20  when the offense is punishable by both a fine and imprisonment

21  and probation is authorized.

22         5.  Place the offender into community control requiring

23  intensive supervision and surveillance pursuant to chapter

24  948.

25         6.  Impose, as a condition of probation or community

26  control, a period of treatment which shall be restricted to a

27  county facility, a Department of Corrections probation and

28  restitution center, a probation program drug punishment

29  treatment community, or a community residential or

30  nonresidential facility, excluding a community correctional

31  center as defined in s. 944.026, which is owned and operated


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 1  by any qualified public or private entity providing such

 2  services. Before admission to such a facility, the court shall

 3  obtain an individual assessment and recommendations on the

 4  appropriate treatment needs, which shall be considered by the

 5  court in ordering such placements. Placement in such a

 6  facility, except for a county residential probation facility,

 7  may not exceed 364 days. Placement in a county residential

 8  probation facility may not exceed 3 years. Early termination

 9  of placement may be recommended to the court, when

10  appropriate, by the center supervisor, the supervising

11  probation officer, or the probation program manager.

12         7.  Sentence the offender pursuant to s. 922.051 to

13  imprisonment in a county jail when a statute directs

14  imprisonment in a state prison, if the offender's cumulative

15  sentence, whether from the same circuit or from separate

16  circuits, is not more than 364 days.

17         8.  Sentence the offender who is to be punished by

18  imprisonment in a county jail to a jail in another county if

19  there is no jail within the county suitable for such prisoner

20  pursuant to s. 950.01.

21         9.  Require the offender to participate in a

22  work-release or educational or technical training program

23  pursuant to s. 951.24 while serving a sentence in a county

24  jail, if such a program is available.

25         10.  Require the offender to perform a specified public

26  service pursuant to s. 775.091.

27         11.  Require the offender who violates chapter 893 or

28  violates any law while under the influence of a controlled

29  substance or alcohol to participate in a substance abuse

30  program.

31  


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 1         12.a.  Require the offender who violates any criminal

 2  provision of chapter 893 to pay an additional assessment in an

 3  amount up to the amount of any fine imposed, pursuant to ss.

 4  938.21 and 938.23.

 5         b.  Require the offender who violates any provision of

 6  s. 893.13 to pay an additional assessment in an amount of

 7  $100, pursuant to ss. 938.25 and 943.361.

 8         13.  Impose a split sentence whereby the offender is to

 9  be placed in a county jail or county work camp upon the

10  completion of any specified term of community supervision.

11         14.  Impose split probation whereby upon satisfactory

12  completion of half the term of probation, the Department of

13  Corrections may place the offender on administrative probation

14  pursuant to s. 948.013 s. 948.01 for the remainder of the term

15  of supervision.

16         15.  Require residence in a state probation and

17  restitution center or private drug treatment program for

18  offenders on community control or offenders who have violated

19  conditions of probation.

20         16.  Impose any other sanction which is provided within

21  the community and approved as an intermediate sanction by the

22  county public safety coordinating council as described in s.

23  951.26.

24         17.  Impose, as a condition of community control,

25  probation, or probation following incarceration, a requirement

26  that an offender who has not obtained a high school diploma or

27  high school equivalency diploma or who lacks basic or

28  functional literacy skills, upon acceptance by an adult

29  education program, make a good faith effort toward completion

30  of such basic or functional literacy skills or high school

31  equivalency diploma, as defined in s. 1003.435, in accordance


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 1  with the assessed adult general education needs of the

 2  individual offender.

 3         Section 37.  Subsection (6) of section 947.23, Florida

 4  Statutes, is amended to read:

 5         947.23  Action of commission upon arrest of parolee.--

 6         (6)  Within a reasonable time after the hearing, the

 7  commissioner, commissioners, or duly authorized representative

 8  of the commission who conducted the hearing shall make

 9  findings of fact in regard to the alleged parole violation.

10         (a)  If the hearing was conducted by three or more

11  commissioners, a majority of them shall enter an order

12  determining whether the charges of parole violation have been

13  sustained, based on the findings of fact made by them. By such

14  order they shall revoke the parole and return the parolee to

15  prison to serve the sentence theretofore imposed upon her or

16  him, reinstate the original order of parole, order the

17  placement of the parolee into a community control program as

18  set forth in s. 948.101 s. 948.03, or enter such other order

19  as is proper.

20         (b)  If the hearing was conducted by one or two

21  commissioners or a duly authorized representative of the

22  commission, at least two commissioners shall enter an order

23  determining whether or not the charges of parole violation

24  have been sustained, based on the findings of fact made by the

25  commissioner, commissioners, or duly authorized representative

26  of the commission. The commissioners, by such order, shall

27  revoke the parole and return the parolee to prison to serve

28  the sentence theretofore imposed upon her or him, reinstate

29  the original order of parole, order the placement of the

30  parolee into a community control program as set forth in s.

31  948.101 s. 948.03, or enter such other order as is proper.


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 1         (c)  If the disposition after the revocation hearing is

 2  to place the parolee into a community control program, the

 3  commission shall be guided by the procedures and requirements

 4  provided in chapter 948 which apply to the courts regarding

 5  the development and implementation of community control.

 6  

 7  However, any decision to revoke parole shall be based on a

 8  violation of a term or condition specifically enumerated in

 9  the parole release order. In a case in which parole is

10  revoked, the majority of the commission or the two

11  commissioners shall make a written statement of the evidence

12  relied on and the reasons for revoking parole.

13         Section 38.  Section 958.14, Florida Statutes, is

14  amended to read:

15         958.14  Violation of probation or community control

16  program.--A violation or alleged violation of probation or the

17  terms of a community control program shall subject the

18  youthful offender to the provisions of s. 948.06 s. 948.06(1).

19  However, no youthful offender shall be committed to the

20  custody of the department for a substantive violation for a

21  period longer than the maximum sentence for the offense for

22  which he or she was found guilty, with credit for time served

23  while incarcerated, or for a technical or nonsubstantive

24  violation for a period longer than 6 years or for a period

25  longer than the maximum sentence for the offense for which he

26  or she was found guilty, whichever is less, with credit for

27  time served while incarcerated.

28         Section 39.  For the purpose of incorporating the

29  amendment to section 948.09, Florida Statutes, in references

30  thereto, paragraph (b) of subsection (2) and paragraph (b) of

31  


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 1  subsection (7) of section 944.4731, Florida Statutes, are

 2  reenacted to read:

 3         944.4731  Addiction-Recovery Supervision Program.--

 4         (2)

 5         (b)  An offender released under addiction-recovery

 6  supervision shall be subject to specified terms and

 7  conditions, including payment of the costs of supervision

 8  under s. 948.09 and any other court-ordered payments, such as

 9  child support and restitution. If an offender has received a

10  term of probation or community control to be served after

11  release from incarceration, the period of probation or

12  community control may not be substituted for

13  addiction-recovery supervision and shall follow the term of

14  addiction-recovery supervision. A panel of not fewer than two

15  parole commissioners shall establish the terms and conditions

16  of supervision, and the terms and conditions must be included

17  in the supervision order. In setting the terms and conditions

18  of supervision, the parole commission shall weigh heavily the

19  program requirements, including, but not limited to, work at

20  paid employment while participating in treatment and traveling

21  restrictions. The commission shall also determine whether an

22  offender violates the terms and conditions of supervision and

23  whether a violation warrants revocation of addiction-recovery

24  supervision pursuant to s. 947.141. The parole commission

25  shall review the offender's record for the purpose of

26  establishing the terms and conditions of supervision. The

27  parole commission may impose any special conditions it

28  considers warranted from its review of the record. The length

29  of supervision may not exceed the maximum penalty imposed by

30  the court.

31  


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 1         (7)  While participating in a substance abuse

 2  transition housing program, an offender shall:

 3         (b)  Pay fees to defray program costs, costs of

 4  supervision required under s. 948.09, and any restitution or

 5  obligations for child support.

 6         Section 40.  For the purpose of incorporating the

 7  amendment to section 948.09, Florida Statutes, in a reference

 8  thereto, subsection (8) of section 948.01, Florida Statutes,

 9  is reenacted to read:

10         948.01  When court may place defendant on probation or

11  into community control.--

12         (8)  When the court, under any of the foregoing

13  subsections, places a defendant on probation or into community

14  control, it may specify that the defendant serve all or part

15  of the probationary or community control period in a community

16  residential or nonresidential facility under the jurisdiction

17  of the Department of Corrections or the Department of Children

18  and Family Services or any public or private entity providing

19  such services, and it shall require the payment prescribed in

20  s. 948.09.

21         Section 41.  For the purpose of incorporating the

22  amendment to section 948.09, Florida Statutes, in a reference

23  thereto, subsection (5) of section 948.06, Florida Statutes,

24  is reenacted to read:

25         948.06  Violation of probation or community control;

26  revocation; modification; continuance; failure to pay

27  restitution or cost of supervision.--

28         (5)  In any hearing in which the failure of a

29  probationer or offender in community control to pay

30  restitution or the cost of supervision as provided in s.

31  948.09, as directed, is established by the state, if the


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 1  probationer or offender asserts his or her inability to pay

 2  restitution or the cost of supervision, it is incumbent upon

 3  the probationer or offender to prove by clear and convincing

 4  evidence that he or she does not have the present resources

 5  available to pay restitution or the cost of supervision

 6  despite sufficient bona fide efforts legally to acquire the

 7  resources to do so. If the probationer or offender cannot pay

 8  restitution or the cost of supervision despite sufficient bona

 9  fide efforts, the court shall consider alternate measures of

10  punishment other than imprisonment. Only if alternate measures

11  are not adequate to meet the state's interests in punishment

12  and deterrence may the court imprison a probationer or

13  offender in community control who has demonstrated sufficient

14  bona fide efforts to pay restitution or the cost of

15  supervision.

16         Section 42.  For the purpose of incorporating the

17  amendment to section 948.10, Florida Statutes, in a reference

18  thereto, section 947.1747, Florida Statutes, is reenacted to

19  read:

20         947.1747  Community control as a special condition of

21  parole.--Upon the establishment of an effective parole release

22  date as provided for in ss. 947.1745 and 947.1746, the

23  commission may, as a special condition of parole, require an

24  inmate to be placed in the community control program of the

25  Department of Corrections as described in s. 948.10 for a

26  period not exceeding 6 months. In every case in which the

27  commission decides to place an inmate on community control as

28  a special condition of parole, the commission shall provide a

29  written explanation of the reasons for its decision.

30         Section 43.  This act shall take effect July 1, 2004.

31  


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