Amendment

Bill No. 2284

Amendment No. 757721

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative 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,
6	Florida Statutes, to read:
7	901.15  When arrest by officer without warrant is
8	lawful.--A law enforcement officer may arrest a person without a
9	A law enforcement officer may arrest a person without a warrant
10	when:
11	(17)  The officer is making an arrest of a person on
12	probation, community control, or parole pursuant to s. 948.06(1)
13	or s. 947.22.
14	Section 2.  Subsection (2) of section 921.187, Florida
15	Statutes, is amended, and paragraph (a) of subsection (1) of
16	said section is reenacted for the purpose of incorporating the
17	amendment to section 948.01, Florida Statutes, in a reference
18	thereto, to read:
19	921.187  Disposition and sentencing; alternatives;
20	restitution.--
21	(1)  The alternatives provided in this section for the
22	disposition of criminal cases shall be used in a manner that
23	will best serve the needs of society, punish criminal offenders,
24	and provide the opportunity for rehabilitation.
25	(a)  If the offender does not receive a state prison
26	sentence, the court may:
27	1.  Impose a split sentence whereby the offender is to be
28	placed on probation upon completion of any specified period of
29	such 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
32	adjudication of guilt pursuant to s. 948.01.
33	4.  Impose a fine and probation pursuant to s. 948.011 when
34	the offense is punishable by both a fine and imprisonment and
35	probation is authorized.
36	5.  Place the offender into community control requiring
37	intensive supervision and surveillance pursuant to chapter 948.
38	6.  Impose, as a condition of probation or community
39	control, a period of treatment which shall be restricted to a
40	county facility, a Department of Corrections probation and
41	restitution center, a probation program drug punishment
42	treatment community, or a community residential or
43	nonresidential facility, excluding a community correctional
44	center as defined in s. 944.026, which is owned and operated by
45	any qualified public or private entity providing such services.
46	Before admission to such a facility, the court shall obtain an
47	individual assessment and recommendations on the appropriate
48	treatment needs, which shall be considered by the court in
49	ordering such placements. Placement in such a facility, except
50	for a county residential probation facility, may not exceed 364
51	days. Placement in a county residential probation facility may
52	not exceed 3 years. Early termination of placement may be
53	recommended to the court, when appropriate, by the center
54	supervisor, the supervising probation officer, or the probation
55	program manager.
56	7.  Sentence the offender pursuant to s. 922.051 to
57	imprisonment in a county jail when a statute directs
58	imprisonment in a state prison, if the offender's cumulative
59	sentence, whether from the same circuit or from separate
60	circuits, is not more than 364 days.
61	8.  Sentence the offender who is to be punished by
62	imprisonment in a county jail to a jail in another county if
63	there is no jail within the county suitable for such prisoner
64	pursuant to s. 950.01.
65	9.  Require the offender to participate in a work-release
66	or educational or technical training program pursuant to s.
67	951.24 while serving a sentence in a county jail, if such a
68	program is available.
69	10.  Require the offender to perform a specified public
70	service pursuant to s. 775.091.
71	11.  Require the offender who violates chapter 893 or
72	violates any law while under the influence of a controlled
73	substance or alcohol to participate in a substance abuse
74	program.
75	12.a.  Require the offender who violates any criminal
76	provision of chapter 893 to pay an additional assessment in an
77	amount up to the amount of any fine imposed, pursuant to ss.
78	938.21 and 938.23.
79	b.  Require the offender who violates any provision of s.
80	893.13 to pay an additional assessment in an amount of $100,
81	pursuant to ss. 938.25 and 943.361.
82	13.  Impose a split sentence whereby the offender is to be
83	placed in a county jail or county work camp upon the completion
84	of any specified term of community supervision.
85	14.  Impose split probation whereby upon satisfactory
86	completion of half the term of probation, the Department of
87	Corrections may place the offender on administrative probation
88	pursuant to s. 948.01 for the remainder of the term of
89	supervision.
90	15.  Require residence in a state probation and restitution
91	center or private drug treatment program for offenders on
92	community control or offenders who have violated conditions of
93	probation.
94	16.  Impose any other sanction which is provided within the
95	community and approved as an intermediate sanction by the county
96	public safety coordinating council as described in s. 951.26.
97	17.  Impose, as a condition of community control,
98	probation, or probation following incarceration, a requirement
99	that an offender who has not obtained a high school diploma or
100	high school equivalency diploma or who lacks basic or functional
101	literacy skills, upon acceptance by an adult education program,
102	make a good faith effort toward completion of such basic or
103	functional literacy skills or high school equivalency diploma,
104	as defined in s. 1003.435, in accordance with the assessed adult
105	general education needs of the individual offender.
106	(2)  Unless agreed to by the state attorney as part of a
107	negotiated plea or sentence, an offender may not be placed on in
108	community control or probation if:
109	(a)  Convicted of or adjudication is withheld for a
110	disqualifying forcible felony as defined in s. 776.08; and
111	(b)  Previously convicted of or adjudication was withheld
112	for a disqualifying forcible felony as defined in s. 776.08.
113
114	Nothing in this subsection prohibits placement of certain
115	inmates on community control pursuant to s. 947.1747. For
116	purposes of this subsection, the term "disqualifying a forcible
117	felony" means a forcible felony defined in s. 776.08, excluding
118	burglary under s. 810.02(4) and aggravated assault committed
119	without a deadly weapon under s. 784.021(1)(b) does not include
120	manslaughter or burglary.
121	Section 3.  Section 903.0473, Florida Statutes, is created
122	to read:
123	903.0473  Probation appearance bond.--As a condition of
124	probation, community control, or any other court-ordered
125	community supervision authorized under chapter 948, the court
126	may order the posting of a bond to secure the appearance of the
127	defendant at any subsequent court proceeding. The appearance
128	bond shall be filed by the bail agent with the sheriff who shall
129	provide a copy to the clerk of court. Upon 72 hours' notice by
130	the clerk, the bail agent shall produce to the court the person
131	on probation, community control, or other court-ordered
132	community supervision to the court. The bail agent shall
133	surrender to the sheriff the person on probation, community
134	control or other court-ordered community supervision upon notice
135	by the probation officer that the person has violated the terms
136	of probation, community control, or other court-ordered
137	community supervision. If the bail agent fails to produce the
138	defendant to the court at the time and place properly noticed,
139	the bond shall be estreated and forfeited according to the
140	procedures set forth in this chapter and chapter 648. The
141	defendant's failure to appear shall be the sole grounds for
142	forfeiture and estreature of the appearance bond. Where not
143	inconsistent with this subsection, this chapter and chapter 648
144	shall regulate the relationship between the bail agent and
145	probationer.
146	Section 4.  Subsection (2) of section 947.22, Florida
147	Statutes, is amended to read:
148	947.22  Authority to arrest parole violators with or
149	without warrant.--
150	(2)  Any parole and probation officer, when she or he has
151	reasonable ground to believe that a parolee, control releasee,
152	or conditional releasee has violated the terms and conditions of
153	her or his parole, control release, or conditional release in a
154	material respect, has the right to arrest, or to request any law
155	enforcement officer to arrest, the releasee or parolee without
156	warrant and bring her or him forthwith before one or more
157	commissioners or a duly authorized representative of the Parole
158	Commission or Control Release Authority; and proceedings shall
159	thereupon be had as provided herein when a warrant has been
160	issued by a member of the commission or authority or a duly
161	authorized representative of the commission or authority. Upon
162	request, local law enforcement officers may assist the probation
163	officer in making a warrantless arrest of a releasee or parolee,
164	taking a releasee or parolee into custody, and transporting a
165	releasee or parolee to the county jail.
166	Section 5.  Subsections (4) and (10) of section 948.01,
167	Florida Statutes, are amended, and subsection (9), paragraph (b)
168	of subsection (11), and paragraph (b) of subsection (13) of said
169	section are reenacted for the purpose of incorporating the
170	amendment to s. 948.06, Florida Statutes, in references thereto,
171	to read:
172	948.01  When court may place defendant on probation or into
173	community control.--
174	(4)  The sanctions imposed by order of the court shall be
175	commensurate with the seriousness of the offense. When community
176	control or a program of public service is ordered by the court,
177	the duration of community control supervision or public service
178	may not be longer than the sentence that could have been imposed
179	if the offender had been committed for the offense or a period
180	not to exceed 2 years, whichever is less. When restitution or
181	public service is ordered by the court, the amount of
182	restitution or public service may not be greater than an amount
183	which the offender could reasonably be expected to pay or
184	perform.
185	(9)  Procedures governing violations of community control
186	shall be the same as those described in s. 948.06 with respect
187	to probation.
188	(10)  Unless agreed to by the state attorney as part of a
189	negotiated plea or sentence, an offender may not be placed on in
190	community control or probation if:
191	(a)  Convicted of or has adjudication withheld for a
192	disqualifying forcible felony as defined in s. 776.08, and
193	(b)  Previously convicted of or had adjudication withheld
194	for a disqualifying forcible felony as defined in s. 776.08.
195
196	Nothing in this subsection prohibits placement of certain
197	inmates on community control pursuant to s. 947.1747. For the
198	purposes of this subsection, a "disqualifying forcible felony"
199	means a forcible felony defined in s. 776.08, excluding burglary
200	under s. 810.02(4) and aggravated assault committed without a
201	deadly weapon under s. 784.021(1)(b) does not include
202	manslaughter or burglary.
203	(11)  The court may also impose a split sentence whereby
204	the defendant is sentenced to a term of probation which may be
205	followed by a period of incarceration or, with respect to a
206	felony, into community control, as follows:
207	(b)  If the offender does not meet the terms and conditions
208	of probation or community control, the court may revoke, modify,
209	or continue the probation or community control as provided in s.
210	948.06. If the probation or community control is revoked, the
211	court may impose any sentence that it could have imposed at the
212	time the offender was placed on probation or community control.
213	The court may not provide credit for time served for any portion
214	of a probation or community control term toward a subsequent
215	term of probation or community control. However, the court may
216	not impose a subsequent term of probation or community control
217	which, when combined with any amount of time served on preceding
218	terms of probation or community control for offenses pending
219	before the court for sentencing, would exceed the maximum
220	penalty allowable as provided in s. 775.082. Such term of
221	incarceration shall be served under applicable law or county
222	ordinance governing service of sentences in state or county
223	jurisdiction. This paragraph does not prohibit any other
224	sanction provided by law.
225	(13)  If it appears to the court upon a hearing that the
226	defendant is a chronic substance abuser whose criminal conduct
227	is a violation of s. 893.13(2)(a) or (6)(a), the court may
228	either adjudge the defendant guilty or stay and withhold the
229	adjudication of guilt; and, in either case, it may stay and
230	withhold the imposition of sentence and place the defendant on
231	drug offender probation.
232	(b)  Offenders placed on drug offender probation are
233	subject to revocation of probation as provided in s. 948.06.
234	Section 6.  Effective July 1, 2004, subsection (1) of
235	section 948.03, Florida Statutes, as amended by section 136 of
236	chapter 2003-402, Laws of Florida, is amended to read:
237	948.03  Terms and conditions of probation or community
238	control.--
239	(1)  The court shall determine the terms and conditions of
240	probation or community control. Conditions specified in
241	paragraphs (a)-(o) (a)-(m) do not require oral pronouncement at
242	the time of sentencing and may be considered standard conditions
243	of probation. Conditions specified in paragraphs (a)-(o) (a)-(m)
244	and (2)(a) do not require oral pronouncement at sentencing and
245	may be considered standard conditions of community control.
246	These conditions may include among them the following, that the
247	probationer or offender in community control shall:
248	(a)  Report to the probation officer and parole supervisors
249	as directed. The offender shall provide a full, truthful, and
250	complete oral or written report each month. The report must
251	include, but need not be limited to, the offender's employment
252	status, monthly earnings, and financial ability. At the
253	discretion of the department, the reporting requirement may
254	include electronic monitoring.
255	(b)  Permit such officers supervisors to visit him or her
256	at his or her home or elsewhere.
257	(c)  Work faithfully at suitable employment insofar as may
258	be possible.
259	(d)  Remain within a specified place.
260	(e)  Make reparation or restitution to the aggrieved party
261	for the damage or loss caused by his or her offense in an amount
262	to be determined by the court. The court shall make such
263	reparation or restitution a condition of probation, unless it
264	determines that clear and compelling reasons exist to the
265	contrary. If the court does not order restitution, or orders
266	restitution of only a portion of the damages, as provided in s.
267	775.089, it shall state on the record in detail the reasons
268	therefor.
269	(f)  Effective July 1, 1994, and applicable for offenses
270	committed on or after that date, make payment of the debt due
271	and owing to a county or municipal detention facility under s.
272	951.032 for medical care, treatment, hospitalization, or
273	transportation received by the felony probationer while in that
274	detention facility. The court, in determining whether to order
275	such repayment and the amount of such repayment, shall consider
276	the amount of the debt, whether there was any fault of the
277	institution for the medical expenses incurred, the financial
278	resources of the felony probationer, the present and potential
279	future financial needs and earning ability of the probationer,
280	and dependents, and other appropriate factors.
281	(g)  Support his or her legal dependents to the best of his
282	or her ability.
283	(h)  Make payment of the debt due and owing to the state
284	under s. 960.17, subject to modification based on change of
285	circumstances.
286	(i)  Pay any application fee assessed under s. 27.52(2)(a)
287	and attorney's fees and costs assessed under s. 938.29, subject
288	to modification based on change of circumstances.
289	(j)  Not associate with persons engaged in criminal
290	activities.
291	(k)1.  Submit to random testing as directed by the
292	correctional probation officer or the professional staff of the
293	treatment center where he or she is receiving treatment to
294	determine the presence or use of alcohol or controlled
295	substances.
296	2.  If the offense was a controlled substance violation and
297	the period of probation immediately follows a period of
298	incarceration in the state correction system or if the offense
299	was a controlled substance violation and the offender has
300	previously served a term of imprisonment for an offense
301	involving a controlled substance, the conditions shall include a
302	requirement that the offender submit, no less than once every
303	calendar month, to random substance abuse testing intermittently
304	throughout the term of supervision, upon the direction of the
305	correctional probation officer as defined in s. 943.10(3).
306	(l)  Be prohibited from possessing, carrying, or owning any
307	firearm unless authorized by the court and consented to by the
308	probation officer.
309	(m)  Be prohibited from using intoxicants to excess or
310	using or possessing a controlled substance or drug any drugs or
311	narcotics unless prescribed by a physician. The probationer or
312	community controllee shall not knowingly visit places where
313	intoxicants, drugs, or other dangerous substances are unlawfully
314	sold, dispensed, or used.
315	(n)  Remain on supervision without violating the law.
316	(o)  For an offense involving a victim, not have contact
317	with the victim unless authorized to do so by the court. If the
318	court authorizes the defendant to have contact with the victim
319	over the objection of the victim or the state attorney, the
320	court shall state on the record the reasons therefor.
321	(p)(n)  Attend an HIV/AIDS awareness program consisting of
322	a class of not less than 2 hours or more than 4 hours in length,
323	the cost for which shall be paid by the offender, if such a
324	program is available in the county of the offender's residence.
325	(q)(o)  Pay not more than $1 per month during the term of
326	probation or community control to a nonprofit organization
327	established for the sole purpose of supplementing the
328	rehabilitative efforts of the Department of Corrections.
329	Section 7.  Section 948.032, Florida Statutes, is amended
330	to read:
331	948.032  Condition of probation; restitution.--If a
332	defendant is placed on probation, any restitution ordered under
333	s. 775.089 shall be a condition of the probation. The court may
334	revoke probation if the defendant fails to comply with the
335	order. In determining whether to revoke probation, the court
336	shall consider the defendant's employment status, earning
337	ability, and financial resources; the willfulness of the
338	defendant's failure to pay; and any other special circumstances
339	that may have a bearing on the defendant's ability to pay. As
340	provided in s. 948.06(5), it is the responsibility of the
341	defendant to prove his or her inability to pay court-ordered
342	restitution.
343	Section 8.  Effective July 1, 2004, and applicable to
344	offenses committed on or after that date, section 948.06,
345	Florida Statutes, is amended to read:
346	948.06  Violation of probation or community control;
347	revocation; modification; continuance; failure to pay
348	restitution or cost of supervision.--
349	(1)(a)  Whenever within the period of probation or
350	community control there are reasonable grounds to believe that a
351	probationer or offender on in community control has violated his
352	or her probation or community control in a material respect, any
353	law enforcement officer who is aware of the probationary or
354	community control status of the probationer or offender in
355	community control or any parole or probation supervisor may
356	arrest or request any county or municipal law enforcement
357	officer to arrest such probationer or offender without warrant
358	wherever found and forthwith return him or her to the court
359	granting such probation or community control. Upon request,
360	local law enforcement officers may assist the probation officer
361	in making a warrantless arrest of a probationer or community
362	controllee, taking a probationer or community controllee into
363	custody, and transporting a probationer or community controllee
364	to the county jail. Any committing magistrate may issue a
365	warrant, upon the facts being made known to him or her by
366	affidavit of one having knowledge of such facts, for the arrest
367	of the probationer or offender, returnable forthwith before the
368	court granting such probation or community control. Any parole
369	or probation supervisor, any officer authorized to serve
370	criminal process, or any peace officer of this state is
371	authorized to serve and execute such warrant.
372	(b)  Upon the filing of an affidavit alleging a violation
373	of probation or community control and following issuance of a
374	warrant under s. 901.02 or upon warrantless arrest, the
375	probationary period is tolled until the court enters a ruling on
376	the violation. Notwithstanding the tolling of probation as
377	provided in this subsection, the court shall retain jurisdiction
378	over the offender for any violation of the conditions of
379	probation or community control that is alleged to have occurred
380	during the tolling period. The probation officer is permitted to
381	continue to supervise any offender who remains available to the
382	officer for supervision until the supervision expires pursuant
383	to the order of probation or community control or until the
384	court revokes or terminates the probation or community control,
385	whichever comes first.
386	(2)  The court, upon the probationer or offender being
387	brought before it, shall advise him or her of such charge of
388	violation. and,
389	(a)  If such violation of probation or community control
390	charge is admitted to be true, the court may forthwith revoke,
391	modify, or continue the probation or community control or place
392	the probationer into a community control program. If probation
393	or community control is revoked, the court shall adjudge the
394	probationer or offender guilty of the offense charged and proven
395	or admitted, unless he or she has previously been adjudged
396	guilty, and impose any sentence which it might have originally
397	imposed before placing the probationer on probation or the
398	offender into community control.
399	(b)  If such violation of probation or community control is
400	not admitted by the probationer or offender, the court may
401	commit him or her or release him or her with or without bail to
402	await further hearing, except that a defendant who is on
403	probation or community control for a high-risk felony, as
404	defined in subsection (10), must be held without bail for an
405	alleged violation that involves a nonmonetary condition of
406	supervision or it may dismiss the charge of probation or
407	community control violation. If such charge is not at that time
408	admitted by the probationer or offender and if it is not
409	dismissed, The court, as soon as may be practicable, shall give
410	the probationer or offender an opportunity to be fully heard on
411	his or her behalf in person or by counsel. The state shall be
412	represented by the state attorney at such hearing and shall be
413	given an opportunity to be heard and to present evidence. After
414	such hearing, the court may revoke, modify, or continue the
415	probation or community control or place the probationer into
416	community control. If such probation or community control is
417	revoked, the court shall adjudge the probationer or offender
418	guilty of the offense charged and proven or admitted, unless he
419	or she has previously been adjudged guilty, and impose any
420	sentence which it might have originally imposed before placing
421	the probationer or offender on probation or into community
422	control.
423	(c)  Notwithstanding s. 775.082, when a period of probation
424	or community control has been tolled, upon revocation or
425	modification of the probation or community control, the court
426	may impose a sanction with a term that when combined with the
427	amount of supervision served and tolled, exceeds the term
428	permissible pursuant to s. 775.082 for a term up to the amount
429	of the tolled period supervision.
430	(d)  If the court dismisses an affidavit alleging a
431	violation of probation or community control, the offender's
432	probation or community control shall continue as previously
433	imposed, and the offender shall receive credit for all tolled
434	time against his or her term of probation or community control.
435	(e)  For any violation in which the court indicates it will
436	consider a downward departure sentence below the lowest
437	permissible sentence of the Criminal Punishment Code, the
438	department shall provide to the court a list of programs and
439	services available for the court to include in the defendant's
440	defendant's sentence on the violation. The list from the
441	department must include, but need not be limited to, evaluation
442	and treatment programs, residential treatment facilities,
443	educational or vocational training programs, substance abuse
444	testing, electronic monitoring, and community resources that
445	would assist the offender in successful completion of his or her
446	period of community supervision.
447	(3)(2)(a)  When any state or local law enforcement agency
448	investigates or arrests a person for committing, or attempting,
449	soliciting, or conspiring to commit, a violation of s. 787.025,
450	chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
451	847.0135, or s. 847.0145, the law enforcement agency shall
452	contact the Department of Corrections to verify whether the
453	person under investigation or under arrest is on probation,
454	community control, parole, conditional release, or control
455	release.
456	(b)  If the law enforcement agency finds that the person
457	under investigation or under arrest is on probation, community
458	control, parole, conditional release, or control release, the
459	law enforcement agency shall immediately notify the person's
460	probation officer or release supervisor of the investigation or
461	the arrest.
462	(4)(3)  When the court imposes a subsequent term of
463	supervision following a revocation of probation or community
464	control, it shall not provide credit for time served while on
465	probation or community control toward any subsequent term of
466	probation or community control. However, the court may not
467	impose a subsequent term of probation or community control
468	which, when combined with any amount of time served on preceding
469	terms of probation or community control for offenses before the
470	court for sentencing, would exceed the maximum penalty allowable
471	as provided by s. 775.082. No part of the time that the
472	defendant is on probation or in community control shall be
473	considered as any part of the time that he or she shall be
474	sentenced to serve.
475	(5)(4)  Notwithstanding any other provision of this
476	section, a probationer or an offender in community control who
477	is arrested for violating his or her probation or community
478	control in a material respect may be taken before the court in
479	the county or circuit in which the probationer or offender was
480	arrested. That court shall advise him or her of such charge of a
481	violation and, if such charge is admitted, shall cause him or
482	her to be brought before the court which granted the probation
483	or community control.
484	(a)  If such violation is not admitted by the probationer
485	or offender, the court may commit him or her or release him or
486	her with or without bail to await further hearing. The court, as
487	soon as is practicable, shall give the probationer or offender
488	an opportunity to be fully heard on his or her behalf in person
489	or by counsel.
490	(b)  After such hearing, the court shall make findings of
491	fact and forward the findings to the court which granted the
492	probation or community control and to the probationer or
493	offender or his or her attorney. The findings of fact by the
494	hearing court are binding on the court which granted the
495	probation or community control. Upon the probationer or offender
496	being brought before it, the court which granted the probation
497	or community control may revoke, modify, or continue the
498	probation or community control or may place the probationer into
499	community control as provided in this section.
500	(6)(5)  Whenever the department submits a violation report
501	to the court involving allegations of failure to pay court-
502	ordered obligations, the department shall include a statement by
503	the probationer or offender on community control concerning his
504	or her ability to pay such obligations. In any hearing in which
505	the failure of a probationer or offender in community control to
506	pay restitution or the cost of supervision as provided in s.
507	948.09, as directed, is established by the state, if the
508	probationer or offender asserts his or her inability to pay
509	restitution or the cost of supervision, it is incumbent upon the
510	probationer or offender to prove by clear and convincing
511	evidence that he or she does not have the present resources
512	available to pay restitution or the cost of supervision despite
513	sufficient bona fide efforts legally to acquire the resources to
514	do so. If the probationer or offender cannot pay restitution or
515	the cost of supervision despite sufficient bona fide efforts,
516	the court shall consider alternate measures of punishment other
517	than imprisonment. Only if alternate measures are not adequate
518	to meet the state's interests in punishment and deterrence may
519	the court imprison a probationer or offender in community
520	control who has demonstrated sufficient bona fide efforts to pay
521	restitution or the cost of supervision.
522	(7)(6)  Any parolee in a community control program who has
523	allegedly violated the terms and conditions of such placement is
524	subject to the provisions of ss. 947.22 and 947.23.
525	(8)(7)  Any provision of law to the contrary
526	notwithstanding, whenever probation, community control, or
527	control release, including the probationary, community control
528	portion of a split sentence, is violated and the probation or
529	community control is revoked, the offender, by reason of his or
530	her misconduct, shall be deemed to have forfeited all gain-time
531	or commutation of time for good conduct, as provided by law,
532	earned up to the date of his or her release on probation,
533	community control, or control release. This subsection does not
534	deprive the prisoner of his or her right to gain-time or
535	commutation of time for good conduct, as provided by law, from
536	the date on which the prisoner is returned to prison. However,
537	if a prisoner is sentenced to incarceration following
538	termination from a drug punishment program imposed as a
539	condition of probation, the sentence may include incarceration
540	without the possibility of gain-time or early release for the
541	period of time remaining in his or her treatment program
542	placement term.
543	(9)(a)  The court shall conduct a danger to the community
544	hearing as provided in paragraph (b) to determine whether the
545	defendant poses a risk of physical harm to persons if:
546	1.  The defendant is on probation or community control for
547	a high-risk felony; or
548	2.  The defendant is on probation or community control for
549	any felony and has been adjudged to be in violation of
550	nonmonetary conditions of probation or community control for the
551	current felony and has been previously convicted of, or had
552	adjudication of guilt withheld for, a high-risk felony, a
553	forcible felony as defined in s. 776.08, or any violation of s.
554	800.04.
555	(b)  In a danger to the community hearing, the court may
556	conclude that a defendant poses a risk of physical harm to
557	persons based on factors, including, but not limited to:
558	1.  The defendant's sentence for the felony included court-
559	ordered treatment for abuse of illegal controlled substances and
560	the present violation was committed for the purpose of acquiring
561	controlled substances.
562	2.  The defendant has two prior nonmonetary violations of
563	the current supervision and has:
564	a.  Committed a new felony offense, excluding felony
565	violations of chapters 815, 817, 818, 823, 831, 832, 837, 838,
566	839, 849, and 896; or
567	b.  Committed a new misdemeanor offense involving the use
568	or threatened use of force or violence.
569	3.  The defendant has three prior nonmonetary violations of
570	the current supervision.
571	4.  The defendant is in violation of a condition of
572	supervision involving contacting a victim against the victim's
573	will or involving contacting a minor in violation of s.
574	948.03(5), if the felony was committed against a minor.
575
576	At the conclusion of the danger to the community hearing, the
577	court shall state its finding as to whether the defendant poses
578	a risk of physical harm to persons. A finding that the defendant
579	poses a risk of physical harm to persons must be established by
580	a preponderance of the evidence. If the court finds that the
581	defendant does not pose a risk of physical harm to persons, the
582	court shall state its reasons for such finding on the record.
583	(10)  For purposes of this chapter, the term "high-risk
584	felony" means lewd or lascivious battery as defined in s.
585	800.04, an act of terrorism as defined in s. 775.30, or any
586	forcible felony defined in s. 776.08, excluding burglary under
587	s. 810.02(4) and aggravated assault committed without a deadly
588	weapon under s. 784.021(1)(b).
589	(11)  The state attorney shall represent the state in all
590	hearings described in this chapter regarding persons on
591	probation or community control. The state shall be given the
592	opportunity to be heard and to present evidence to establish the
593	defendant's violation and the facts or circumstances which
594	support a finding that a defendant poses a threat of physical
595	harm to persons.
596	Section 9.  Section 948.062, Florida Statutes, is created
597	to read:
598	948.062  Reviewing and reporting serious offenses committed
599	by offenders placed on community supervision.--
600	(1)  The department shall review the circumstances related
601	to offenders placed on community supervision who have been
602	arrested while on supervision for the following serious
603	offenses:
604	(a)  Any murder as provided in s. 782.04;
605	(b)  Any sexual battery as provided in s. 794.011 or s.
606	794.023; or
607	(c)  Any lewd and lascivious battery or lewd and lascivious
608	molestation as provided in s. 800.04(4) or s. 800.04(5);
609
610	The department's review shall document whether the supervision
611	of the offender met enumerated rules, policies, and procedures
612	and whether supervision practices were followed.
613	Section 10.  Subsection (2) of section 948.09, Florida
614	Statutes, is amended to read:
615	948.09  Payment for cost of supervision and
616	rehabilitation.--
617	(2)  Any person being electronically monitored by the
618	department as a result of placement on community control shall
619	be required to pay as a surcharge an amount that may not exceed
620	the full cost of the monitoring service in addition to the cost
621	of supervision fee as directed by the sentencing court. The
622	department is authorized to contract with a private entity to
623	provide the services necessary to implement or to facilitate any
624	provision of this chapter. The department is authorized to
625	contract with a private entity for the collection and
626	disposition of the surcharge. Such contract may allow for
627	reasonable costs to the contractor associated with the
628	collection of the surcharge. The surcharge may shall be
629	deposited in the Operating Trust Fund to be used by the
630	department for purchasing and maintaining electronic monitoring
631	devices.
632	Section 11.  Subsections (7) and (9) of section 948.10,
633	Florida Statutes, are amended to read:
634	948.10  Community control programs.--
635	(7)  If an offender is placed on sentenced to community
636	control or probation by the court and the offender is ineligible
637	for to be placed on community control or probation as provided
638	in s. 948.01(10), the department shall:
639	(a)  Review and verify whether an ineligible offender was
640	placed on community control or probation.
641	(b)  Within 30 days after receipt of the order, notify the
642	sentencing judge, the state attorney, and the Attorney General
643	that the offender was ineligible for placement on community
644	control or probation.
645	(c)  Provide a quarterly report to the chief judge and the
646	state attorney of each circuit citing the number of ineligible
647	offenders placed on community control or probation within that
648	circuit.
649	(d)  Provide an annual report to the Governor, the
650	President of the Senate, the Speaker of the House of
651	Representatives, and the Chief Justice of the Supreme Court on
652	the placement of ineligible offenders on community control or
653	probation in order to assist in preparing judicial education
654	programs or for any other purpose.
655	(9)  In its annual report to the Governor, the President of
656	the Senate, and the Speaker of the House of Representatives
657	under s. 20.315(5), the department shall include a detailed
658	analysis of the community control and probation programs program
659	and the department's specific efforts to protect the public from
660	offenders placed on community control or probation. The analysis
661	must include, but need not be limited to, specific information
662	on the department's ability to meet minimum officer-to-offender
663	contact standards, the number and types of crimes committed by
664	offenders on community control and probation, and the level of
665	community supervision provided.
666	Section 12.  Section 958.14, Florida Statutes, is amended
667	to read:
668	958.14  Violation of probation or community control
669	program.--A violation or alleged violation of probation or the
670	terms of a community control program shall subject the youthful
671	offender to the provisions of s. 948.06(1) and (2). However, no
672	youthful offender shall be committed to the custody of the
673	department for a substantive violation for a period longer than
674	the maximum sentence for the offense for which he or she was
675	found guilty, with credit for time served while incarcerated, or
676	for a technical or nonsubstantive violation for a period longer
677	than 6 years or for a period longer than the maximum sentence
678	for the offense for which he or she was found guilty, whichever
679	is less, with credit for time served while incarcerated.
680	Section 13.  Section 921.0017, Florida Statutes, is amended
681	to read:
682	921.0017  Credit upon recommitment of offender serving
683	split sentence.--Effective for offenses committed on or after
684	January 1, 1994, if an offender's probation or community control
685	is revoked and the offender is serving a split sentence pursuant
686	to s. 948.01, upon recommitment to the Department of
687	Corrections, the court shall order credit for time served in
688	state prison or county jail only, without considering any type
689	of gain-time earned before release to supervision, or any type
690	of sentence reduction granted to avoid prison overcrowding,
691	including, but not limited to, any sentence reduction resulting
692	from administrative gain-time, provisional credits, or control
693	release. The court shall determine the amount of jail-time
694	credit to be awarded for time served between the date of arrest
695	as a violator and the date of recommitment, and shall direct the
696	Department of Corrections to compute and apply credit for all
697	other time served previously on the prior sentence for the
698	offense for which the offender is being recommitted. This
699	section does not affect or limit the department's authority to
700	forfeit gain-time under ss. 944.28(1) and 948.06(8)(7).
701	Section 14.  For the purpose of incorporating the amendment
702	to section 901.15, Florida Statutes, in a reference thereto,
703	subsection (2) of section 570.073, Florida Statutes, is
704	reenacted to read:
705	570.073  Department of Agriculture and Consumer Services,
706	law enforcement officers.--
707	(2)  Each law enforcement officer shall meet the
708	qualifications of law enforcement officers under s. 943.13 and
709	shall be certified as a law enforcement officer by the
710	Department of Law Enforcement under the provisions of chapter
711	943. Upon certification, each law enforcement officer is subject
712	to and shall have the same arrest and other authority provided
713	for law enforcement officers generally in chapter 901 and shall
714	have statewide jurisdiction. Each officer shall also have arrest
715	authority as provided for state law enforcement officers in s.
716	901.15. Such officers have full law enforcement powers granted
717	to other peace officers of this state, including the authority
718	to make arrests, carry firearms, serve court process, and seize
719	contraband and the proceeds of illegal activities.
720	Section 15.  For the purpose of incorporating the amendment
721	to section 921.187, Florida Statutes, in a reference thereto,
722	subsection (5) of section 372.921, Florida Statutes, is
723	reenacted to read:
724	372.921  Exhibition or sale of wildlife.--
725	(5)  In instances where wildlife is seized or taken into
726	custody by the commission, said owner or possessor of such
727	wildlife shall be responsible for payment of all expenses
728	relative to the capture, transport, boarding, veterinary care,
729	or other costs associated with or incurred due to seizure or
730	custody of wildlife. Such expenses shall be paid by said owner
731	or possessor upon any conviction or finding of guilt of a
732	criminal or noncriminal violation, regardless of adjudication or
733	plea entered, of any provision of chapter 828 or this chapter,
734	or rule of the commission or if such violation is disposed of
735	under s. 921.187. Failure to pay such expense may be grounds for
736	revocation or denial of permits to such individual to possess
737	wildlife.
738	Section 16.  For the purpose of incorporating the amendment
739	to section 921.187, Florida Statutes, in a reference thereto,
740	subsection (4) of section 372.922, Florida Statutes, is
741	reenacted to read:
742	372.922  Personal possession of wildlife.--
743	(4)  In instances where wildlife is seized or taken into
744	custody by the commission, said owner or possessor of such
745	wildlife shall be responsible for payment of all expenses
746	relative to the capture, transport, boarding, veterinary care,
747	or other costs associated with or incurred due to seizure or
748	custody of wildlife. Such expenses shall be paid by said owner
749	or possessor upon any conviction or finding of guilt of a
750	criminal or noncriminal violation, regardless of adjudication or
751	plea entered, of any provision of chapter 828 or this chapter,
752	or rule of the commission or if such violation is disposed of
753	under s. 921.187. Failure to pay such expense may be grounds for
754	revocation or denial of permits to such individual to possess
755	wildlife.
756	Section 17.  For the purpose of incorporating the amendment
757	to section 948.03, Florida Statutes, in a reference thereto,
758	paragraph (a) of subsection (1) of section 775.089, Florida
759	Statutes, is reenacted to read:
760	775.089  Restitution.--
761	(1)(a)  In addition to any punishment, the court shall
762	order the defendant to make restitution to the victim for:
763	1.  Damage or loss caused directly or indirectly by the
764	defendant's offense; and
765	2.  Damage or loss related to the defendant's criminal
766	episode,
767
768	unless it finds clear and compelling reasons not to order such
769	restitution. Restitution may be monetary or nonmonetary
770	restitution. The court shall make the payment of restitution a
771	condition of probation in accordance with s. 948.03. An order
772	requiring the defendant to make restitution to a victim does not
773	remove or diminish the requirement that the court order payment
774	to the Crimes Compensation Trust Fund pursuant to chapter 960.
775	Payment of an award by the Crimes Compensation Trust Fund shall
776	create an order of restitution to the Crimes Compensation Trust
777	Fund, unless specifically waived in accordance with subparagraph
778	(b)1.
779	Section 18.  For the purpose of incorporating the amendment
780	to section 948.03, Florida Statutes, in a reference thereto,
781	subsection (5) of section 948.001, Florida Statutes, is
782	reenacted to read:
783	948.001  Definitions.--As used in this chapter, the term:
784	(5)  "Probation" means a form of community supervision
785	requiring specified contacts with parole and probation officers
786	and other terms and conditions as provided in s. 948.03.
787	Section 19.  For the purpose of incorporating the amendment
788	to section 948.03, Florida Statutes, in a reference thereto,
789	subsection (4) of section 958.03, Florida Statutes, is reenacted
790	to read:
791	958.03  Definitions.--As used in this act:
792	(4)  "Probation" means a form of community supervision
793	requiring specified contacts with parole and probation officers
794	and other terms and conditions as provided in s. 948.03.
795	Section 20.  For the purpose of incorporating the amendment
796	to section 948.03, Florida Statutes, in references thereto,
797	subsection (6) of section 947.23, Florida Statutes, is reenacted
798	to read:
799	947.23  Action of commission upon arrest of parolee.--
800	(6)  Within a reasonable time after the hearing, the
801	commissioner, commissioners, or duly authorized representative
802	of the commission who conducted the hearing shall make findings
803	of fact in regard to the alleged parole violation.
804	(a)  If the hearing was conducted by three or more
805	commissioners, a majority of them shall enter an order
806	determining whether the charges of parole violation have been
807	sustained, based on the findings of fact made by them. By such
808	order they shall revoke the parole and return the parolee to
809	prison to serve the sentence theretofore imposed upon her or
810	him, reinstate the original order of parole, order the placement
811	of the parolee into a community control program as set forth in
812	s. 948.03, or enter such other order as is proper.
813	(b)  If the hearing was conducted by one or two
814	commissioners or a duly authorized representative of the
815	commission, at least two commissioners shall enter an order
816	determining whether or not the charges of parole violation have
817	been sustained, based on the findings of fact made by the
818	commissioner, commissioners, or duly authorized representative
819	of the commission. The commissioners, by such order, shall
820	revoke the parole and return the parolee to prison to serve the
821	sentence theretofore imposed upon her or him, reinstate the
822	original order of parole, order the placement of the parolee
823	into a community control program as set forth in s. 948.03, or
824	enter such other order as is proper.
825	(c)  If the disposition after the revocation hearing is to
826	place the parolee into a community control program, the
827	commission shall be guided by the procedures and requirements
828	provided in chapter 948 which apply to the courts regarding the
829	development and implementation of community control.
830
831	However, any decision to revoke parole shall be based on a
832	violation of a term or condition specifically enumerated in the
833	parole release order. In a case in which parole is revoked, the
834	majority of the commission or the two commissioners shall make a
835	written statement of the evidence relied on and the reasons for
836	revoking parole.
837	Section 21.  Except as otherwise provided, this act shall
838	take 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
844	An act relating to probation and community control;
845	amending s. 901.15, F.S.; authorizing law enforcement
846	officers to make warrantless arrests of certain
847	probationers, community controllees, and parolees;
848	amending s. 921.187, F.S.; limiting the circumstances in
849	which certain offenders may be placed on community control
850	or probation; defining the term "disqualifying forcible
851	felony;" creating s. 903.0473, F.S.; authorizing the court
852	to order an appearance bond as a condition of an
853	offender's probation, community control, or other
854	community supervision; requiring the appearance of the
855	offender pursuant to the conditions of the bond, subject
856	to notice; providing for the surrender of the offender in
857	certain circumstances; providing for estreature and
858	forfeiture of the bond in circumstances involving the
859	offender's failure to appear; amending s. 947.22, F.S.;
860	authorizing local law enforcement officers to provide
861	certain assistance to probation officers; amending s.
862	948.01, F.S.; deleting a 2-year limitation on the duration
863	of community control or public service; limiting the
864	circumstances in which certain offenders may be placed on
865	community control or probation; defining the term
866	"disqualifying forcible felony;" amending s. 948.03, F.S.;
867	deleting a reference to parole supervisors; revising the
868	standard conditions of probation and community control
869	that do not require oral pronouncement; requiring
870	probationers and community controllees to report monthly
871	to the probation officer; requiring probationers and
872	community controllees to account for specified
873	information; authorizing the Department of Corrections to
874	include electronic monitoring as a condition of the
875	monthly report; requiring certain probationers and
876	community controllees to submit to random, monthly
877	substance abuse testing; prohibiting probationers and
878	community controllees from using or possessing controlled
879	substance or drugs without a prescription; providing that
880	the standard conditions of probation and community control
881	include a requirement to remain on such supervision
882	without violating the law and to not have contact with any
883	victim of the offense unless authorized by the court;
884	amending s. 948.032, F.S.; providing that it is the
885	defendant's responsibility to prove inability to pay
886	court-ordered restitution; amending s. 948.06, F.S.;
887	authorizing local law enforcement officers to provide
888	certain assistance to probation officers; providing for
889	the tolling of the period of probation pursuant to
890	warrantless arrest; requiring that high-risk felony
891	probationers or community controllees be held without bail
892	for alleged violations of nonmonetary conditions of
893	supervision; requiring the Department of Corrections to
894	provide the court with a list of available programs and
895	services when the court indicates it may consider a
896	downward departure sentence under the Criminal Punishment
897	Code; specifying contents of reports alleging violations
898	involving court-ordered obligations; providing for the
899	court to conduct "danger to the community hearings" in
900	certain circumstances; specifying circumstances that may
901	indicate a defendant poses a risk of physical harm to
902	persons; providing that a finding that defendant poses a
903	risk of physical harm to persons must be established by a
904	preponderance of the evidence; providing that the court
905	must provide its reasons on the record for finding that a
906	defendant does not pose a risk of physical harm to
907	persons; providing a definition for the term, "high-risk
908	felony;" providing for representation and participation by
909	the state in proceedings under ch. 948, F.S.; providing
910	applicability; creating s. 948.062, F.S.; providing for
911	the Department of Corrections to review the circumstances
912	surrounding specified offenses occurring while certain
913	offenders are under supervision of the department;
914	amending s. 948.09, F.S.; authorizing the Department of
915	Corrections to contract with private entities in certain
916	circumstances involving probation and community control;
917	amending s. 948.10, F.S.; providing for the department to
918	review an offender's eligibility for probation in certain
919	circumstances; providing for reports concerning such
920	eligibility; amending ss. 958.14 and 921.0017, F.S.;
921	revising cross references, to conform; reenacting s.
922	570.073(2), F.S., relating to the arrest powers of law
923	enforcement officers employed by the Department of
924	Agriculture and Consumer Services, for the purpose of
925	incorporating the amendment to s. 901.15, F.S., in a
926	reference thereto; reenacting ss. 372.921(5) and
927	372.922(4), F.S., relating to certain dispositions of
928	offenses involving the exhibition or sale of wildlife and
929	certain dispositions of offenses involving the personal
930	possession of wildlife, respectively, for the purpose of
931	incorporating the amendment to s. 921.187, F.S., in
932	references thereto; reenacting s. 921.187(1)(a), F.S.,
933	relating to sentencing alternatives, for the purpose of
934	incorporating the amendment to s. 948.01, F.S., in a
935	reference thereto; reenacting ss. 775.089(1)(a),
936	948.001(5), 958.03(4), and 947.23(6), F.S., relating to
937	restitution, the definition of the term "probation" for
938	purposes of ch. 948, F.S., the definition of the term
939	"probation" for purposes of the Florida Youthful Offender
940	Act, and actions upon arrest of parolees, respectively,
941	for the purpose of incorporating the amendment to s.
942	948.03, F.S., in references thereto; reenacting s.
943	948.01(9), (11)(b), and (13)(b), F.S., relating to
944	procedures governing violations, revocations,
945	modifications, and continuations of community control, for
946	the purpose of incorporating the amendment to s. 948.06,
947	F.S., in references thereto; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.