November 22, 2019
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Amendment
Bill No. 2284
Amendment No. 757721
CHAMBER ACTION
Senate House
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1Representative Kottkamp offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (17) is added to section 901.15,
6Florida Statutes, to read:
7     901.15  When arrest by officer without warrant is
8lawful.--A law enforcement officer may arrest a person without a
9A law enforcement officer may arrest a person without a warrant
10when:
11     (17)  The officer is making an arrest of a person on
12probation, community control, or parole pursuant to s. 948.06(1)
13or s. 947.22.
14     Section 2.  Subsection (2) of section 921.187, Florida
15Statutes, is amended, and paragraph (a) of subsection (1) of
16said section is reenacted for the purpose of incorporating the
17amendment to section 948.01, Florida Statutes, in a reference
18thereto, to read:
19     921.187  Disposition and sentencing; alternatives;
20restitution.--
21     (1)  The alternatives provided in this section for the
22disposition of criminal cases shall be used in a manner that
23will best serve the needs of society, punish criminal offenders,
24and provide the opportunity for rehabilitation.
25     (a)  If the offender does not receive a state prison
26sentence, the court may:
27     1.  Impose a split sentence whereby the offender is to be
28placed on probation upon completion of any specified period of
29such sentence, which period may include a term of years or less.
30     2.  Make any other disposition that is authorized by law.
31     3.  Place the offender on probation with or without an
32adjudication of guilt pursuant to s. 948.01.
33     4.  Impose a fine and probation pursuant to s. 948.011 when
34the offense is punishable by both a fine and imprisonment and
35probation is authorized.
36     5.  Place the offender into community control requiring
37intensive supervision and surveillance pursuant to chapter 948.
38     6.  Impose, as a condition of probation or community
39control, a period of treatment which shall be restricted to a
40county facility, a Department of Corrections probation and
41restitution center, a probation program drug punishment
42treatment community, or a community residential or
43nonresidential facility, excluding a community correctional
44center as defined in s. 944.026, which is owned and operated by
45any qualified public or private entity providing such services.
46Before admission to such a facility, the court shall obtain an
47individual assessment and recommendations on the appropriate
48treatment needs, which shall be considered by the court in
49ordering such placements. Placement in such a facility, except
50for a county residential probation facility, may not exceed 364
51days. Placement in a county residential probation facility may
52not exceed 3 years. Early termination of placement may be
53recommended to the court, when appropriate, by the center
54supervisor, the supervising probation officer, or the probation
55program manager.
56     7.  Sentence the offender pursuant to s. 922.051 to
57imprisonment in a county jail when a statute directs
58imprisonment in a state prison, if the offender's cumulative
59sentence, whether from the same circuit or from separate
60circuits, is not more than 364 days.
61     8.  Sentence the offender who is to be punished by
62imprisonment in a county jail to a jail in another county if
63there is no jail within the county suitable for such prisoner
64pursuant to s. 950.01.
65     9.  Require the offender to participate in a work-release
66or educational or technical training program pursuant to s.
67951.24 while serving a sentence in a county jail, if such a
68program is available.
69     10.  Require the offender to perform a specified public
70service pursuant to s. 775.091.
71     11.  Require the offender who violates chapter 893 or
72violates any law while under the influence of a controlled
73substance or alcohol to participate in a substance abuse
74program.
75     12.a.  Require the offender who violates any criminal
76provision of chapter 893 to pay an additional assessment in an
77amount up to the amount of any fine imposed, pursuant to ss.
78938.21 and 938.23.
79     b.  Require the offender who violates any provision of s.
80893.13 to pay an additional assessment in an amount of $100,
81pursuant to ss. 938.25 and 943.361.
82     13.  Impose a split sentence whereby the offender is to be
83placed in a county jail or county work camp upon the completion
84of any specified term of community supervision.
85     14.  Impose split probation whereby upon satisfactory
86completion of half the term of probation, the Department of
87Corrections may place the offender on administrative probation
88pursuant to s. 948.01 for the remainder of the term of
89supervision.
90     15.  Require residence in a state probation and restitution
91center or private drug treatment program for offenders on
92community control or offenders who have violated conditions of
93probation.
94     16.  Impose any other sanction which is provided within the
95community and approved as an intermediate sanction by the county
96public safety coordinating council as described in s. 951.26.
97     17.  Impose, as a condition of community control,
98probation, or probation following incarceration, a requirement
99that an offender who has not obtained a high school diploma or
100high school equivalency diploma or who lacks basic or functional
101literacy skills, upon acceptance by an adult education program,
102make a good faith effort toward completion of such basic or
103functional literacy skills or high school equivalency diploma,
104as defined in s. 1003.435, in accordance with the assessed adult
105general education needs of the individual offender.
106     (2)  Unless agreed to by the state attorney as part of a
107negotiated plea or sentence, an offender may not be placed on in
108community control or probation if:
109     (a)  Convicted of or adjudication is withheld for a
110disqualifying forcible felony as defined in s. 776.08; and
111     (b)  Previously convicted of or adjudication was withheld
112for a disqualifying forcible felony as defined in s. 776.08.
113
114Nothing in this subsection prohibits placement of certain
115inmates on community control pursuant to s. 947.1747. For
116purposes of this subsection, the term "disqualifying a forcible
117felony" means a forcible felony defined in s. 776.08, excluding
118burglary under s. 810.02(4) and aggravated assault committed
119without a deadly weapon under s. 784.021(1)(b) does not include
120manslaughter or burglary.
121     Section 3.  Section 903.0473, Florida Statutes, is created
122to read:
123     903.0473  Probation appearance bond.--As a condition of
124probation, community control, or any other court-ordered
125community supervision authorized under chapter 948, the court
126may order the posting of a bond to secure the appearance of the
127defendant at any subsequent court proceeding. The appearance
128bond shall be filed by the bail agent with the sheriff who shall
129provide a copy to the clerk of court. Upon 72 hours' notice by
130the clerk, the bail agent shall produce to the court the person
131on probation, community control, or other court-ordered
132community supervision to the court. The bail agent shall
133surrender to the sheriff the person on probation, community
134control or other court-ordered community supervision upon notice
135by the probation officer that the person has violated the terms
136of probation, community control, or other court-ordered
137community supervision. If the bail agent fails to produce the
138defendant to the court at the time and place properly noticed,
139the bond shall be estreated and forfeited according to the
140procedures set forth in this chapter and chapter 648. The
141defendant's failure to appear shall be the sole grounds for
142forfeiture and estreature of the appearance bond. Where not
143inconsistent with this subsection, this chapter and chapter 648
144shall regulate the relationship between the bail agent and
145probationer.
146     Section 4.  Subsection (2) of section 947.22, Florida
147Statutes, is amended to read:
148     947.22  Authority to arrest parole violators with or
149without warrant.--
150     (2)  Any parole and probation officer, when she or he has
151reasonable ground to believe that a parolee, control releasee,
152or conditional releasee has violated the terms and conditions of
153her or his parole, control release, or conditional release in a
154material respect, has the right to arrest, or to request any law
155enforcement officer to arrest, the releasee or parolee without
156warrant and bring her or him forthwith before one or more
157commissioners or a duly authorized representative of the Parole
158Commission or Control Release Authority; and proceedings shall
159thereupon be had as provided herein when a warrant has been
160issued by a member of the commission or authority or a duly
161authorized representative of the commission or authority. Upon
162request, local law enforcement officers may assist the probation
163officer in making a warrantless arrest of a releasee or parolee,
164taking a releasee or parolee into custody, and transporting a
165releasee or parolee to the county jail.
166     Section 5.  Subsections (4) and (10) of section 948.01,
167Florida Statutes, are amended, and subsection (9), paragraph (b)
168of subsection (11), and paragraph (b) of subsection (13) of said
169section are reenacted for the purpose of incorporating the
170amendment to s. 948.06, Florida Statutes, in references thereto,
171to read:
172     948.01  When court may place defendant on probation or into
173community control.--
174     (4)  The sanctions imposed by order of the court shall be
175commensurate with the seriousness of the offense. When community
176control or a program of public service is ordered by the court,
177the duration of community control supervision or public service
178may not be longer than the sentence that could have been imposed
179if the offender had been committed for the offense or a period
180not to exceed 2 years, whichever is less. When restitution or
181public service is ordered by the court, the amount of
182restitution or public service may not be greater than an amount
183which the offender could reasonably be expected to pay or
184perform.
185     (9)  Procedures governing violations of community control
186shall be the same as those described in s. 948.06 with respect
187to probation.
188     (10)  Unless agreed to by the state attorney as part of a
189negotiated plea or sentence, an offender may not be placed on in
190community control or probation if:
191     (a)  Convicted of or has adjudication withheld for a
192disqualifying forcible felony as defined in s. 776.08, and
193     (b)  Previously convicted of or had adjudication withheld
194for a disqualifying forcible felony as defined in s. 776.08.
195
196Nothing in this subsection prohibits placement of certain
197inmates on community control pursuant to s. 947.1747. For the
198purposes of this subsection, a "disqualifying forcible felony"
199means a forcible felony defined in s. 776.08, excluding burglary
200under s. 810.02(4) and aggravated assault committed without a
201deadly weapon under s. 784.021(1)(b) does not include
202manslaughter or burglary.
203     (11)  The court may also impose a split sentence whereby
204the defendant is sentenced to a term of probation which may be
205followed by a period of incarceration or, with respect to a
206felony, into community control, as follows:
207     (b)  If the offender does not meet the terms and conditions
208of probation or community control, the court may revoke, modify,
209or continue the probation or community control as provided in s.
210948.06. If the probation or community control is revoked, the
211court may impose any sentence that it could have imposed at the
212time the offender was placed on probation or community control.
213The court may not provide credit for time served for any portion
214of a probation or community control term toward a subsequent
215term of probation or community control. However, the court may
216not impose a subsequent term of probation or community control
217which, when combined with any amount of time served on preceding
218terms of probation or community control for offenses pending
219before the court for sentencing, would exceed the maximum
220penalty allowable as provided in s. 775.082. Such term of
221incarceration shall be served under applicable law or county
222ordinance governing service of sentences in state or county
223jurisdiction. This paragraph does not prohibit any other
224sanction provided by law.
225     (13)  If it appears to the court upon a hearing that the
226defendant is a chronic substance abuser whose criminal conduct
227is a violation of s. 893.13(2)(a) or (6)(a), the court may
228either adjudge the defendant guilty or stay and withhold the
229adjudication of guilt; and, in either case, it may stay and
230withhold the imposition of sentence and place the defendant on
231drug offender probation.
232     (b)  Offenders placed on drug offender probation are
233subject to revocation of probation as provided in s. 948.06.
234     Section 6.  Effective July 1, 2004, subsection (1) of
235section 948.03, Florida Statutes, as amended by section 136 of
236chapter 2003-402, Laws of Florida, is amended to read:
237     948.03  Terms and conditions of probation or community
238control.--
239     (1)  The court shall determine the terms and conditions of
240probation or community control. Conditions specified in
241paragraphs (a)-(o) (a)-(m) do not require oral pronouncement at
242the time of sentencing and may be considered standard conditions
243of probation. Conditions specified in paragraphs (a)-(o) (a)-(m)
244and (2)(a) do not require oral pronouncement at sentencing and
245may be considered standard conditions of community control.
246These conditions may include among them the following, that the
247probationer or offender in community control shall:
248     (a)  Report to the probation officer and parole supervisors
249as directed. The offender shall provide a full, truthful, and
250complete oral or written report each month. The report must
251include, but need not be limited to, the offender's employment
252status, monthly earnings, and financial ability. At the
253discretion of the department, the reporting requirement may
254include electronic monitoring.
255     (b)  Permit such officers supervisors to visit him or her
256at his or her home or elsewhere.
257     (c)  Work faithfully at suitable employment insofar as may
258be possible.
259     (d)  Remain within a specified place.
260     (e)  Make reparation or restitution to the aggrieved party
261for the damage or loss caused by his or her offense in an amount
262to be determined by the court. The court shall make such
263reparation or restitution a condition of probation, unless it
264determines that clear and compelling reasons exist to the
265contrary. If the court does not order restitution, or orders
266restitution of only a portion of the damages, as provided in s.
267775.089, it shall state on the record in detail the reasons
268therefor.
269     (f)  Effective July 1, 1994, and applicable for offenses
270committed on or after that date, make payment of the debt due
271and owing to a county or municipal detention facility under s.
272951.032 for medical care, treatment, hospitalization, or
273transportation received by the felony probationer while in that
274detention facility. The court, in determining whether to order
275such repayment and the amount of such repayment, shall consider
276the amount of the debt, whether there was any fault of the
277institution for the medical expenses incurred, the financial
278resources of the felony probationer, the present and potential
279future financial needs and earning ability of the probationer,
280and dependents, and other appropriate factors.
281     (g)  Support his or her legal dependents to the best of his
282or her ability.
283     (h)  Make payment of the debt due and owing to the state
284under s. 960.17, subject to modification based on change of
285circumstances.
286     (i)  Pay any application fee assessed under s. 27.52(2)(a)
287and attorney's fees and costs assessed under s. 938.29, subject
288to modification based on change of circumstances.
289     (j)  Not associate with persons engaged in criminal
290activities.
291     (k)1.  Submit to random testing as directed by the
292correctional probation officer or the professional staff of the
293treatment center where he or she is receiving treatment to
294determine the presence or use of alcohol or controlled
295substances.
296     2.  If the offense was a controlled substance violation and
297the period of probation immediately follows a period of
298incarceration in the state correction system or if the offense
299was a controlled substance violation and the offender has
300previously served a term of imprisonment for an offense
301involving a controlled substance, the conditions shall include a
302requirement that the offender submit, no less than once every
303calendar month, to random substance abuse testing intermittently
304throughout the term of supervision, upon the direction of the
305correctional probation officer as defined in s. 943.10(3).
306     (l)  Be prohibited from possessing, carrying, or owning any
307firearm unless authorized by the court and consented to by the
308probation officer.
309     (m)  Be prohibited from using intoxicants to excess or
310using or possessing a controlled substance or drug any drugs or
311narcotics unless prescribed by a physician. The probationer or
312community controllee shall not knowingly visit places where
313intoxicants, drugs, or other dangerous substances are unlawfully
314sold, dispensed, or used.
315     (n)  Remain on supervision without violating the law.
316     (o)  For an offense involving a victim, not have contact
317with the victim unless authorized to do so by the court. If the
318court authorizes the defendant to have contact with the victim
319over the objection of the victim or the state attorney, the
320court shall state on the record the reasons therefor.
321     (p)(n)  Attend an HIV/AIDS awareness program consisting of
322a class of not less than 2 hours or more than 4 hours in length,
323the cost for which shall be paid by the offender, if such a
324program is available in the county of the offender's residence.
325     (q)(o)  Pay not more than $1 per month during the term of
326probation or community control to a nonprofit organization
327established for the sole purpose of supplementing the
328rehabilitative efforts of the Department of Corrections.
329     Section 7.  Section 948.032, Florida Statutes, is amended
330to read:
331     948.032  Condition of probation; restitution.--If a
332defendant is placed on probation, any restitution ordered under
333s. 775.089 shall be a condition of the probation. The court may
334revoke probation if the defendant fails to comply with the
335order. In determining whether to revoke probation, the court
336shall consider the defendant's employment status, earning
337ability, and financial resources; the willfulness of the
338defendant's failure to pay; and any other special circumstances
339that may have a bearing on the defendant's ability to pay. As
340provided in s. 948.06(5), it is the responsibility of the
341defendant to prove his or her inability to pay court-ordered
342restitution.
343     Section 8.  Effective July 1, 2004, and applicable to
344offenses committed on or after that date, section 948.06,
345Florida Statutes, is amended to read:
346     948.06  Violation of probation or community control;
347revocation; modification; continuance; failure to pay
348restitution or cost of supervision.--
349     (1)(a)  Whenever within the period of probation or
350community control there are reasonable grounds to believe that a
351probationer or offender on in community control has violated his
352or her probation or community control in a material respect, any
353law enforcement officer who is aware of the probationary or
354community control status of the probationer or offender in
355community control or any parole or probation supervisor may
356arrest or request any county or municipal law enforcement
357officer to arrest such probationer or offender without warrant
358wherever found and forthwith return him or her to the court
359granting such probation or community control. Upon request,
360local law enforcement officers may assist the probation officer
361in making a warrantless arrest of a probationer or community
362controllee, taking a probationer or community controllee into
363custody, and transporting a probationer or community controllee
364to the county jail. Any committing magistrate may issue a
365warrant, upon the facts being made known to him or her by
366affidavit of one having knowledge of such facts, for the arrest
367of the probationer or offender, returnable forthwith before the
368court granting such probation or community control. Any parole
369or probation supervisor, any officer authorized to serve
370criminal process, or any peace officer of this state is
371authorized to serve and execute such warrant.
372     (b)  Upon the filing of an affidavit alleging a violation
373of probation or community control and following issuance of a
374warrant under s. 901.02 or upon warrantless arrest, the
375probationary period is tolled until the court enters a ruling on
376the violation. Notwithstanding the tolling of probation as
377provided in this subsection, the court shall retain jurisdiction
378over the offender for any violation of the conditions of
379probation or community control that is alleged to have occurred
380during the tolling period. The probation officer is permitted to
381continue to supervise any offender who remains available to the
382officer for supervision until the supervision expires pursuant
383to the order of probation or community control or until the
384court revokes or terminates the probation or community control,
385whichever comes first.
386     (2)  The court, upon the probationer or offender being
387brought before it, shall advise him or her of such charge of
388violation. and,
389     (a)  If such violation of probation or community control
390charge is admitted to be true, the court may forthwith revoke,
391modify, or continue the probation or community control or place
392the probationer into a community control program. If probation
393or community control is revoked, the court shall adjudge the
394probationer or offender guilty of the offense charged and proven
395or admitted, unless he or she has previously been adjudged
396guilty, and impose any sentence which it might have originally
397imposed before placing the probationer on probation or the
398offender into community control.
399     (b)  If such violation of probation or community control is
400not admitted by the probationer or offender, the court may
401commit him or her or release him or her with or without bail to
402await further hearing, except that a defendant who is on
403probation or community control for a high-risk felony, as
404defined in subsection (10), must be held without bail for an
405alleged violation that involves a nonmonetary condition of
406supervision or it may dismiss the charge of probation or
407community control violation. If such charge is not at that time
408admitted by the probationer or offender and if it is not
409dismissed, The court, as soon as may be practicable, shall give
410the probationer or offender an opportunity to be fully heard on
411his or her behalf in person or by counsel. The state shall be
412represented by the state attorney at such hearing and shall be
413given an opportunity to be heard and to present evidence. After
414such hearing, the court may revoke, modify, or continue the
415probation or community control or place the probationer into
416community control. If such probation or community control is
417revoked, the court shall adjudge the probationer or offender
418guilty of the offense charged and proven or admitted, unless he
419or she has previously been adjudged guilty, and impose any
420sentence which it might have originally imposed before placing
421the probationer or offender on probation or into community
422control.
423     (c)  Notwithstanding s. 775.082, when a period of probation
424or community control has been tolled, upon revocation or
425modification of the probation or community control, the court
426may impose a sanction with a term that when combined with the
427amount of supervision served and tolled, exceeds the term
428permissible pursuant to s. 775.082 for a term up to the amount
429of the tolled period supervision.
430     (d)  If the court dismisses an affidavit alleging a
431violation of probation or community control, the offender's
432probation or community control shall continue as previously
433imposed, and the offender shall receive credit for all tolled
434time against his or her term of probation or community control.
435     (e)  For any violation in which the court indicates it will
436consider a downward departure sentence below the lowest
437permissible sentence of the Criminal Punishment Code, the
438department shall provide to the court a list of programs and
439services available for the court to include in the defendant's
440defendant's sentence on the violation. The list from the
441department must include, but need not be limited to, evaluation
442and treatment programs, residential treatment facilities,
443educational or vocational training programs, substance abuse
444testing, electronic monitoring, and community resources that
445would assist the offender in successful completion of his or her
446period of community supervision.
447     (3)(2)(a)  When any state or local law enforcement agency
448investigates or arrests a person for committing, or attempting,
449soliciting, or conspiring to commit, a violation of s. 787.025,
450chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
451847.0135, or s. 847.0145, the law enforcement agency shall
452contact the Department of Corrections to verify whether the
453person under investigation or under arrest is on probation,
454community control, parole, conditional release, or control
455release.
456     (b)  If the law enforcement agency finds that the person
457under investigation or under arrest is on probation, community
458control, parole, conditional release, or control release, the
459law enforcement agency shall immediately notify the person's
460probation officer or release supervisor of the investigation or
461the arrest.
462     (4)(3)  When the court imposes a subsequent term of
463supervision following a revocation of probation or community
464control, it shall not provide credit for time served while on
465probation or community control toward any subsequent term of
466probation or community control. However, the court may not
467impose a subsequent term of probation or community control
468which, when combined with any amount of time served on preceding
469terms of probation or community control for offenses before the
470court for sentencing, would exceed the maximum penalty allowable
471as provided by s. 775.082. No part of the time that the
472defendant is on probation or in community control shall be
473considered as any part of the time that he or she shall be
474sentenced to serve.
475     (5)(4)  Notwithstanding any other provision of this
476section, a probationer or an offender in community control who
477is arrested for violating his or her probation or community
478control in a material respect may be taken before the court in
479the county or circuit in which the probationer or offender was
480arrested. That court shall advise him or her of such charge of a
481violation and, if such charge is admitted, shall cause him or
482her to be brought before the court which granted the probation
483or community control.
484     (a)  If such violation is not admitted by the probationer
485or offender, the court may commit him or her or release him or
486her with or without bail to await further hearing. The court, as
487soon as is practicable, shall give the probationer or offender
488an opportunity to be fully heard on his or her behalf in person
489or by counsel.
490     (b)  After such hearing, the court shall make findings of
491fact and forward the findings to the court which granted the
492probation or community control and to the probationer or
493offender or his or her attorney. The findings of fact by the
494hearing court are binding on the court which granted the
495probation or community control. Upon the probationer or offender
496being brought before it, the court which granted the probation
497or community control may revoke, modify, or continue the
498probation or community control or may place the probationer into
499community control as provided in this section.
500     (6)(5)  Whenever the department submits a violation report
501to the court involving allegations of failure to pay court-
502ordered obligations, the department shall include a statement by
503the probationer or offender on community control concerning his
504or her ability to pay such obligations. In any hearing in which
505the failure of a probationer or offender in community control to
506pay restitution or the cost of supervision as provided in s.
507948.09, as directed, is established by the state, if the
508probationer or offender asserts his or her inability to pay
509restitution or the cost of supervision, it is incumbent upon the
510probationer or offender to prove by clear and convincing
511evidence that he or she does not have the present resources
512available to pay restitution or the cost of supervision despite
513sufficient bona fide efforts legally to acquire the resources to
514do so. If the probationer or offender cannot pay restitution or
515the cost of supervision despite sufficient bona fide efforts,
516the court shall consider alternate measures of punishment other
517than imprisonment. Only if alternate measures are not adequate
518to meet the state's interests in punishment and deterrence may
519the court imprison a probationer or offender in community
520control who has demonstrated sufficient bona fide efforts to pay
521restitution or the cost of supervision.
522     (7)(6)  Any parolee in a community control program who has
523allegedly violated the terms and conditions of such placement is
524subject to the provisions of ss. 947.22 and 947.23.
525     (8)(7)  Any provision of law to the contrary
526notwithstanding, whenever probation, community control, or
527control release, including the probationary, community control
528portion of a split sentence, is violated and the probation or
529community control is revoked, the offender, by reason of his or
530her misconduct, shall be deemed to have forfeited all gain-time
531or commutation of time for good conduct, as provided by law,
532earned up to the date of his or her release on probation,
533community control, or control release. This subsection does not
534deprive the prisoner of his or her right to gain-time or
535commutation of time for good conduct, as provided by law, from
536the date on which the prisoner is returned to prison. However,
537if a prisoner is sentenced to incarceration following
538termination from a drug punishment program imposed as a
539condition of probation, the sentence may include incarceration
540without the possibility of gain-time or early release for the
541period of time remaining in his or her treatment program
542placement term.
543     (9)(a)  The court shall conduct a danger to the community
544hearing as provided in paragraph (b) to determine whether the
545defendant poses a risk of physical harm to persons if:
546     1.  The defendant is on probation or community control for
547a high-risk felony; or
548     2.  The defendant is on probation or community control for
549any felony and has been adjudged to be in violation of
550nonmonetary conditions of probation or community control for the
551current felony and has been previously convicted of, or had
552adjudication of guilt withheld for, a high-risk felony, a
553forcible felony as defined in s. 776.08, or any violation of s.
554800.04.
555     (b)  In a danger to the community hearing, the court may
556conclude that a defendant poses a risk of physical harm to
557persons based on factors, including, but not limited to:
558     1.  The defendant's sentence for the felony included court-
559ordered treatment for abuse of illegal controlled substances and
560the present violation was committed for the purpose of acquiring
561controlled substances.
562     2.  The defendant has two prior nonmonetary violations of
563the current supervision and has:
564     a.  Committed a new felony offense, excluding felony
565violations of chapters 815, 817, 818, 823, 831, 832, 837, 838,
566839, 849, and 896; or
567     b.  Committed a new misdemeanor offense involving the use
568or threatened use of force or violence.
569     3.  The defendant has three prior nonmonetary violations of
570the current supervision.
571     4.  The defendant is in violation of a condition of
572supervision involving contacting a victim against the victim's
573will or involving contacting a minor in violation of s.
574948.03(5), if the felony was committed against a minor.
575
576At the conclusion of the danger to the community hearing, the
577court shall state its finding as to whether the defendant poses
578a risk of physical harm to persons. A finding that the defendant
579poses a risk of physical harm to persons must be established by
580a preponderance of the evidence. If the court finds that the
581defendant does not pose a risk of physical harm to persons, the
582court shall state its reasons for such finding on the record.
583     (10)  For purposes of this chapter, the term "high-risk
584felony" means lewd or lascivious battery as defined in s.
585800.04, an act of terrorism as defined in s. 775.30, or any
586forcible felony defined in s. 776.08, excluding burglary under
587s. 810.02(4) and aggravated assault committed without a deadly
588weapon under s. 784.021(1)(b).
589     (11)  The state attorney shall represent the state in all
590hearings described in this chapter regarding persons on
591probation or community control. The state shall be given the
592opportunity to be heard and to present evidence to establish the
593defendant's violation and the facts or circumstances which
594support a finding that a defendant poses a threat of physical
595harm to persons.
596     Section 9.  Section 948.062, Florida Statutes, is created
597to read:
598     948.062  Reviewing and reporting serious offenses committed
599by offenders placed on community supervision.--
600     (1)  The department shall review the circumstances related
601to offenders placed on community supervision who have been
602arrested while on supervision for the following serious
603offenses:
604     (a)  Any murder as provided in s. 782.04;
605     (b)  Any sexual battery as provided in s. 794.011 or s.
606794.023; or
607     (c)  Any lewd and lascivious battery or lewd and lascivious
608molestation as provided in s. 800.04(4) or s. 800.04(5);
609
610The department's review shall document whether the supervision
611of the offender met enumerated rules, policies, and procedures
612and whether supervision practices were followed.
613     Section 10.  Subsection (2) of section 948.09, Florida
614Statutes, is amended to read:
615     948.09  Payment for cost of supervision and
616rehabilitation.--
617     (2)  Any person being electronically monitored by the
618department as a result of placement on community control shall
619be required to pay as a surcharge an amount that may not exceed
620the full cost of the monitoring service in addition to the cost
621of supervision fee as directed by the sentencing court. The
622department is authorized to contract with a private entity to
623provide the services necessary to implement or to facilitate any
624provision of this chapter. The department is authorized to
625contract with a private entity for the collection and
626disposition of the surcharge. Such contract may allow for
627reasonable costs to the contractor associated with the
628collection of the surcharge. The surcharge may shall be
629deposited in the Operating Trust Fund to be used by the
630department for purchasing and maintaining electronic monitoring
631devices.
632     Section 11.  Subsections (7) and (9) of section 948.10,
633Florida Statutes, are amended to read:
634     948.10  Community control programs.--
635     (7)  If an offender is placed on sentenced to community
636control or probation by the court and the offender is ineligible
637for to be placed on community control or probation as provided
638in s. 948.01(10), the department shall:
639     (a)  Review and verify whether an ineligible offender was
640placed on community control or probation.
641     (b)  Within 30 days after receipt of the order, notify the
642sentencing judge, the state attorney, and the Attorney General
643that the offender was ineligible for placement on community
644control or probation.
645     (c)  Provide a quarterly report to the chief judge and the
646state attorney of each circuit citing the number of ineligible
647offenders placed on community control or probation within that
648circuit.
649     (d)  Provide an annual report to the Governor, the
650President of the Senate, the Speaker of the House of
651Representatives, and the Chief Justice of the Supreme Court on
652the placement of ineligible offenders on community control or
653probation in order to assist in preparing judicial education
654programs or for any other purpose.
655     (9)  In its annual report to the Governor, the President of
656the Senate, and the Speaker of the House of Representatives
657under s. 20.315(5), the department shall include a detailed
658analysis of the community control and probation programs program
659and the department's specific efforts to protect the public from
660offenders placed on community control or probation. The analysis
661must include, but need not be limited to, specific information
662on the department's ability to meet minimum officer-to-offender
663contact standards, the number and types of crimes committed by
664offenders on community control and probation, and the level of
665community supervision provided.
666     Section 12.  Section 958.14, Florida Statutes, is amended
667to read:
668     958.14  Violation of probation or community control
669program.--A violation or alleged violation of probation or the
670terms of a community control program shall subject the youthful
671offender to the provisions of s. 948.06(1) and (2). However, no
672youthful offender shall be committed to the custody of the
673department for a substantive violation for a period longer than
674the maximum sentence for the offense for which he or she was
675found guilty, with credit for time served while incarcerated, or
676for a technical or nonsubstantive violation for a period longer
677than 6 years or for a period longer than the maximum sentence
678for the offense for which he or she was found guilty, whichever
679is less, with credit for time served while incarcerated.
680     Section 13.  Section 921.0017, Florida Statutes, is amended
681to read:
682     921.0017  Credit upon recommitment of offender serving
683split sentence.--Effective for offenses committed on or after
684January 1, 1994, if an offender's probation or community control
685is revoked and the offender is serving a split sentence pursuant
686to s. 948.01, upon recommitment to the Department of
687Corrections, the court shall order credit for time served in
688state prison or county jail only, without considering any type
689of gain-time earned before release to supervision, or any type
690of sentence reduction granted to avoid prison overcrowding,
691including, but not limited to, any sentence reduction resulting
692from administrative gain-time, provisional credits, or control
693release. The court shall determine the amount of jail-time
694credit to be awarded for time served between the date of arrest
695as a violator and the date of recommitment, and shall direct the
696Department of Corrections to compute and apply credit for all
697other time served previously on the prior sentence for the
698offense for which the offender is being recommitted. This
699section does not affect or limit the department's authority to
700forfeit gain-time under ss. 944.28(1) and 948.06(8)(7).
701     Section 14.  For the purpose of incorporating the amendment
702to section 901.15, Florida Statutes, in a reference thereto,
703subsection (2) of section 570.073, Florida Statutes, is
704reenacted to read:
705     570.073  Department of Agriculture and Consumer Services,
706law enforcement officers.--
707     (2)  Each law enforcement officer shall meet the
708qualifications of law enforcement officers under s. 943.13 and
709shall be certified as a law enforcement officer by the
710Department of Law Enforcement under the provisions of chapter
711943. Upon certification, each law enforcement officer is subject
712to and shall have the same arrest and other authority provided
713for law enforcement officers generally in chapter 901 and shall
714have statewide jurisdiction. Each officer shall also have arrest
715authority as provided for state law enforcement officers in s.
716901.15. Such officers have full law enforcement powers granted
717to other peace officers of this state, including the authority
718to make arrests, carry firearms, serve court process, and seize
719contraband and the proceeds of illegal activities.
720     Section 15.  For the purpose of incorporating the amendment
721to section 921.187, Florida Statutes, in a reference thereto,
722subsection (5) of section 372.921, Florida Statutes, is
723reenacted to read:
724     372.921  Exhibition or sale of wildlife.--
725     (5)  In instances where wildlife is seized or taken into
726custody by the commission, said owner or possessor of such
727wildlife shall be responsible for payment of all expenses
728relative to the capture, transport, boarding, veterinary care,
729or other costs associated with or incurred due to seizure or
730custody of wildlife. Such expenses shall be paid by said owner
731or possessor upon any conviction or finding of guilt of a
732criminal or noncriminal violation, regardless of adjudication or
733plea entered, of any provision of chapter 828 or this chapter,
734or rule of the commission or if such violation is disposed of
735under s. 921.187. Failure to pay such expense may be grounds for
736revocation or denial of permits to such individual to possess
737wildlife.
738     Section 16.  For the purpose of incorporating the amendment
739to section 921.187, Florida Statutes, in a reference thereto,
740subsection (4) of section 372.922, Florida Statutes, is
741reenacted to read:
742     372.922  Personal possession of wildlife.--
743     (4)  In instances where wildlife is seized or taken into
744custody by the commission, said owner or possessor of such
745wildlife shall be responsible for payment of all expenses
746relative to the capture, transport, boarding, veterinary care,
747or other costs associated with or incurred due to seizure or
748custody of wildlife. Such expenses shall be paid by said owner
749or possessor upon any conviction or finding of guilt of a
750criminal or noncriminal violation, regardless of adjudication or
751plea entered, of any provision of chapter 828 or this chapter,
752or rule of the commission or if such violation is disposed of
753under s. 921.187. Failure to pay such expense may be grounds for
754revocation or denial of permits to such individual to possess
755wildlife.
756     Section 17.  For the purpose of incorporating the amendment
757to section 948.03, Florida Statutes, in a reference thereto,
758paragraph (a) of subsection (1) of section 775.089, Florida
759Statutes, is reenacted to read:
760     775.089  Restitution.--
761     (1)(a)  In addition to any punishment, the court shall
762order the defendant to make restitution to the victim for:
763     1.  Damage or loss caused directly or indirectly by the
764defendant's offense; and
765     2.  Damage or loss related to the defendant's criminal
766episode,
767
768unless it finds clear and compelling reasons not to order such
769restitution. Restitution may be monetary or nonmonetary
770restitution. The court shall make the payment of restitution a
771condition of probation in accordance with s. 948.03. An order
772requiring the defendant to make restitution to a victim does not
773remove or diminish the requirement that the court order payment
774to the Crimes Compensation Trust Fund pursuant to chapter 960.
775Payment of an award by the Crimes Compensation Trust Fund shall
776create an order of restitution to the Crimes Compensation Trust
777Fund, unless specifically waived in accordance with subparagraph
778(b)1.
779     Section 18.  For the purpose of incorporating the amendment
780to section 948.03, Florida Statutes, in a reference thereto,
781subsection (5) of section 948.001, Florida Statutes, is
782reenacted to read:
783     948.001  Definitions.--As used in this chapter, the term:
784     (5)  "Probation" means a form of community supervision
785requiring specified contacts with parole and probation officers
786and other terms and conditions as provided in s. 948.03.
787     Section 19.  For the purpose of incorporating the amendment
788to section 948.03, Florida Statutes, in a reference thereto,
789subsection (4) of section 958.03, Florida Statutes, is reenacted
790to read:
791     958.03  Definitions.--As used in this act:
792     (4)  "Probation" means a form of community supervision
793requiring specified contacts with parole and probation officers
794and other terms and conditions as provided in s. 948.03.
795     Section 20.  For the purpose of incorporating the amendment
796to section 948.03, Florida Statutes, in references thereto,
797subsection (6) of section 947.23, Florida Statutes, is reenacted
798to read:
799     947.23  Action of commission upon arrest of parolee.--
800     (6)  Within a reasonable time after the hearing, the
801commissioner, commissioners, or duly authorized representative
802of the commission who conducted the hearing shall make findings
803of fact in regard to the alleged parole violation.
804     (a)  If the hearing was conducted by three or more
805commissioners, a majority of them shall enter an order
806determining whether the charges of parole violation have been
807sustained, based on the findings of fact made by them. By such
808order they shall revoke the parole and return the parolee to
809prison to serve the sentence theretofore imposed upon her or
810him, reinstate the original order of parole, order the placement
811of the parolee into a community control program as set forth in
812s. 948.03, or enter such other order as is proper.
813     (b)  If the hearing was conducted by one or two
814commissioners or a duly authorized representative of the
815commission, at least two commissioners shall enter an order
816determining whether or not the charges of parole violation have
817been sustained, based on the findings of fact made by the
818commissioner, commissioners, or duly authorized representative
819of the commission. The commissioners, by such order, shall
820revoke the parole and return the parolee to prison to serve the
821sentence theretofore imposed upon her or him, reinstate the
822original order of parole, order the placement of the parolee
823into a community control program as set forth in s. 948.03, or
824enter such other order as is proper.
825     (c)  If the disposition after the revocation hearing is to
826place the parolee into a community control program, the
827commission shall be guided by the procedures and requirements
828provided in chapter 948 which apply to the courts regarding the
829development and implementation of community control.
830
831However, any decision to revoke parole shall be based on a
832violation of a term or condition specifically enumerated in the
833parole release order. In a case in which parole is revoked, the
834majority of the commission or the two commissioners shall make a
835written statement of the evidence relied on and the reasons for
836revoking parole.
837     Section 21.  Except as otherwise provided, this act shall
838take effect upon becoming a law.
839
840
841================= T I T L E  A M E N D M E N T =================
842     Remove the entire title and insert:
843
A bill to be entitled
844An act relating to probation and community control;
845amending s. 901.15, F.S.; authorizing law enforcement
846officers to make warrantless arrests of certain
847probationers, community controllees, and parolees;
848amending s. 921.187, F.S.; limiting the circumstances in
849which certain offenders may be placed on community control
850or probation; defining the term "disqualifying forcible
851felony;" creating s. 903.0473, F.S.; authorizing the court
852to order an appearance bond as a condition of an
853offender's probation, community control, or other
854community supervision; requiring the appearance of the
855offender pursuant to the conditions of the bond, subject
856to notice; providing for the surrender of the offender in
857certain circumstances; providing for estreature and
858forfeiture of the bond in circumstances involving the
859offender's failure to appear; amending s. 947.22, F.S.;
860authorizing local law enforcement officers to provide
861certain assistance to probation officers; amending s.
862948.01, F.S.; deleting a 2-year limitation on the duration
863of community control or public service; limiting the
864circumstances in which certain offenders may be placed on
865community control or probation; defining the term
866"disqualifying forcible felony;" amending s. 948.03, F.S.;
867deleting a reference to parole supervisors; revising the
868standard conditions of probation and community control
869that do not require oral pronouncement; requiring
870probationers and community controllees to report monthly
871to the probation officer; requiring probationers and
872community controllees to account for specified
873information; authorizing the Department of Corrections to
874include electronic monitoring as a condition of the
875monthly report; requiring certain probationers and
876community controllees to submit to random, monthly
877substance abuse testing; prohibiting probationers and
878community controllees from using or possessing controlled
879substance or drugs without a prescription; providing that
880the standard conditions of probation and community control
881include a requirement to remain on such supervision
882without violating the law and to not have contact with any
883victim of the offense unless authorized by the court;
884amending s. 948.032, F.S.; providing that it is the
885defendant's responsibility to prove inability to pay
886court-ordered restitution; amending s. 948.06, F.S.;
887authorizing local law enforcement officers to provide
888certain assistance to probation officers; providing for
889the tolling of the period of probation pursuant to
890warrantless arrest; requiring that high-risk felony
891probationers or community controllees be held without bail
892for alleged violations of nonmonetary conditions of
893supervision; requiring the Department of Corrections to
894provide the court with a list of available programs and
895services when the court indicates it may consider a
896downward departure sentence under the Criminal Punishment
897Code; specifying contents of reports alleging violations
898involving court-ordered obligations; providing for the
899court to conduct "danger to the community hearings" in
900certain circumstances; specifying circumstances that may
901indicate a defendant poses a risk of physical harm to
902persons; providing that a finding that defendant poses a
903risk of physical harm to persons must be established by a
904preponderance of the evidence; providing that the court
905must provide its reasons on the record for finding that a
906defendant does not pose a risk of physical harm to
907persons; providing a definition for the term, "high-risk
908felony;" providing for representation and participation by
909the state in proceedings under ch. 948, F.S.; providing
910applicability; creating s. 948.062, F.S.; providing for
911the Department of Corrections to review the circumstances
912surrounding specified offenses occurring while certain
913offenders are under supervision of the department;
914amending s. 948.09, F.S.; authorizing the Department of
915Corrections to contract with private entities in certain
916circumstances involving probation and community control;
917amending s. 948.10, F.S.; providing for the department to
918review an offender's eligibility for probation in certain
919circumstances; providing for reports concerning such
920eligibility; amending ss. 958.14 and 921.0017, F.S.;
921revising cross references, to conform; reenacting s.
922570.073(2), F.S., relating to the arrest powers of law
923enforcement officers employed by the Department of
924Agriculture and Consumer Services, for the purpose of
925incorporating the amendment to s. 901.15, F.S., in a
926reference thereto; reenacting ss. 372.921(5) and
927372.922(4), F.S., relating to certain dispositions of
928offenses involving the exhibition or sale of wildlife and
929certain dispositions of offenses involving the personal
930possession of wildlife, respectively, for the purpose of
931incorporating the amendment to s. 921.187, F.S., in
932references thereto; reenacting s. 921.187(1)(a), F.S.,
933relating to sentencing alternatives, for the purpose of
934incorporating the amendment to s. 948.01, F.S., in a
935reference thereto; reenacting ss. 775.089(1)(a),
936948.001(5), 958.03(4), and 947.23(6), F.S., relating to
937restitution, the definition of the term "probation" for
938purposes of ch. 948, F.S., the definition of the term
939"probation" for purposes of the Florida Youthful Offender
940Act, and actions upon arrest of parolees, respectively,
941for the purpose of incorporating the amendment to s.
942948.03, F.S., in references thereto; reenacting s.
943948.01(9), (11)(b), and (13)(b), F.S., relating to
944procedures governing violations, revocations,
945modifications, and continuations of community control, for
946the purpose of incorporating the amendment to s. 948.06,
947F.S., in references thereto; providing effective dates.


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