Florida Senate - 2017                                     SB 290
       
       
        
       By Senator Rouson
       
       19-00366-17                                            2017290__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending s.
    3         775.082, F.S.; requiring that a court sentence a
    4         defendant who is convicted of a primary offense of
    5         possession of a controlled substance committed on or
    6         after a specified date to a nonstate prison sanction
    7         under certain circumstances; defining the term
    8         “possession of a controlled substance”; authorizing a
    9         defendant to move the sentencing court to depart from
   10         a mandatory minimum prison sentence and a mandatory
   11         fine if the offense is committed on or after a
   12         specified date; authorizing the state attorney to file
   13         an objection to the motion; authorizing the sentencing
   14         court to grant the motion if the court finds that the
   15         defendant has demonstrated by a preponderance of the
   16         evidence that specified criteria are met; defining the
   17         term “coercion”; providing applicability; creating s.
   18         921.00215, F.S.; providing legislative findings;
   19         creating the Sentencing Commission within the Supreme
   20         Court; providing for commission membership and terms
   21         of office; providing that commission membership does
   22         not disqualify a member from holding any other public
   23         office or from being employed by a public entity;
   24         authorizing reimbursement for per diem and travel
   25         expenses; requiring the Office of the State Courts
   26         Administrator to act as staff for the commission;
   27         requiring the commission to meet annually or upon the
   28         call of the chair for specified purposes; requiring
   29         the Department of Corrections to perform specified
   30         duties upon request of the commission; requiring the
   31         commission to annually, by a specified date, make
   32         recommendations to the Governor, the justices of the
   33         Supreme Court, and the Legislature; amending s.
   34         921.00241, F.S.; revising the circumstances under
   35         which an offender may be sentenced to a nonstate
   36         prison sanction; authorizing a nonstate prison
   37         sanction under a prison diversion program for certain
   38         offenders who commit a nonviolent felony of the second
   39         degree on or after a specified date; amending s.
   40         921.0026, F.S.; revising the mitigating circumstances
   41         under which a departure from the lowest permissible
   42         sentence is reasonably justified; making technical
   43         changes; amending s. 948.01, F.S.; requiring a
   44         sentencing court to place certain defendants who
   45         commit an offense on or after a specified date into a
   46         postadjudicatory treatment-based drug court program,
   47         into residential drug treatment, or on drug offender
   48         probation; making technical changes; reenacting ss.
   49         775.08435(1)(b) and (c), 921.002(3), and 921.00265(1),
   50         F.S., relating to the prohibition on withholding
   51         adjudication in felony cases, the Criminal Punishment
   52         Code, and recommended and departure sentences,
   53         respectively, to incorporate the amendment made to s.
   54         921.0026, F.S., in references thereto; reenacting ss.
   55         394.47892(2) and (4)(a), 397.334(3)(a) and (5),
   56         910.035(5)(a), 921.187(1)(c), and 943.04352, F.S.,
   57         relating to mental health court programs, treatment
   58         based drug court programs, transfer for participation
   59         in a problem-solving court, offender probation with or
   60         without adjudication of guilt, and court placement of
   61         a defendant on misdemeanor probation, respectively, to
   62         incorporate the amendment made to s. 948.01, F.S., in
   63         references thereto; providing an effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Present subsection (11) of section 775.082,
   68  Florida Statutes, is redesignated as subsection (13), and a new
   69  subsection (11) and subsection (12) are added to that section,
   70  to read:
   71         775.082 Penalties; applicability of sentencing structures;
   72  mandatory minimum sentences for certain reoffenders previously
   73  released from prison.—
   74         (11) If a defendant is sentenced for a primary offense of
   75  possession of a controlled substance committed on or after
   76  October 1, 2017, and if the total sentence points pursuant to s.
   77  921.0024 are 60 points or fewer, the court must sentence the
   78  offender to a nonstate prison sanction. However, if the court
   79  makes written findings that a nonstate prison sanction could
   80  present a danger to the public, the court may sentence the
   81  offender to a state correctional facility pursuant to this
   82  section. As used in this subsection, the term “possession of a
   83  controlled substance” means possession of a controlled substance
   84  in violation of s. 893.13, but does not include possession with
   85  intent to sell, manufacture, or deliver a controlled substance
   86  or possession of a controlled substance in violation of s.
   87  893.135.
   88         (12)(a) A person who is convicted of an offense committed
   89  on or after October 1, 2017, which requires that a mandatory
   90  minimum prison sentence be imposed may move the sentencing court
   91  to depart from the mandatory minimum prison sentence and, if
   92  applicable, the mandatory fine. The state attorney may file an
   93  objection to the motion.
   94         (b) The court may grant the motion if the court finds that
   95  the defendant has demonstrated by a preponderance of the
   96  evidence that all of the following criteria are met:
   97         1.The defendant has not previously received a departure
   98  under this subsection and has not been previously convicted of
   99  the same offense for which the defendant requests a departure
  100  under this subsection;
  101         2.The offense is not a forcible felony as defined in s.
  102  776.08 or a misdemeanor that involves the use or threat of
  103  physical force or violence against another person. However,
  104  burglary of an unoccupied structure or conveyance is not
  105  considered a forcible felony for purposes of this subparagraph;
  106         3.The offense does not involve physical injury to another
  107  person or coercion of another person; and
  108         4.The offense does not involve a victim who is a minor or
  109  the use of a minor in the commission of the offense.
  110         (c)As used in this subsection, the term “coercion” means:
  111         1.Using or threatening to use physical force or violence
  112  against another person; or
  113         2. Restraining or confining or threatening to restrain or
  114  confine another person without lawful authority and against the
  115  other person’s will.
  116         (d)This subsection does not apply to sentencing pursuant
  117  to subsection (9), s. 775.0837, s. 775.084, or s. 794.0115.
  118         Section 2. Section 921.00215, Florida Statutes, is created
  119  to read:
  120         921.00215Sentencing Commission; recommendations regarding
  121  offense severity level rankings for noncapital felonies.—
  122         (1)The Legislature, in the exercise of its authority to
  123  determine appropriate offense severity level rankings for
  124  noncapital felony offenses sentenced under the Criminal
  125  Punishment Code, finds that it is in the best interest of the
  126  state to create a Sentencing Commission for the purpose of
  127  providing advice and recommendations to the Governor, the
  128  Supreme Court, and the Legislature regarding the appropriate
  129  offense severity level rankings for noncapital felonies.
  130         (2)(a)The Sentencing Commission is created exclusively as
  131  an advisory body within the Supreme Court.
  132         (b)The commission consists of the following 17 members:
  133         1. Two members of the Senate, one of whom is a member of
  134  the majority party appointed by the President of the Senate and
  135  one of whom is a member of the minority party appointed by the
  136  Minority Leader of the Senate;
  137         2. Two members of the House of Representatives, one of whom
  138  is a member of the majority party appointed by the Speaker of
  139  the House of Representatives and one of whom is a member of the
  140  minority party appointed by the Minority Leader of the House of
  141  Representatives;
  142         3. The Chief Justice of the Supreme Court, or a member of
  143  the Supreme Court designated by the Chief Justice, who shall
  144  serve as chair of the commission;
  145         4. Five members appointed by the Chief Justice of the
  146  Supreme Court, three of whom are circuit court judges, one of
  147  whom is a county court judge, and one of whom is a
  148  representative of the victim advocacy profession;
  149         5. The Attorney General or his or her designee;
  150         6. The Secretary of Corrections or his or her designee; and
  151         7. Five members appointed by the Governor, one of whom is a
  152  state attorney recommended by the Florida Prosecuting Attorneys
  153  Association, one of whom is a public defender recommended by the
  154  Public Defenders Association, one of whom is a private attorney
  155  recommended by the president of The Florida Bar, and two of whom
  156  are representatives of the general public.
  157  
  158  The membership of the commission must reflect the geographic and
  159  ethnic diversity of the state.
  160         (c)The commission members appointed by the Governor and
  161  the legislative appointees serve 2-year terms. The members
  162  appointed by the Chief Justice of the Supreme Court serve at his
  163  or her pleasure. The terms of the Attorney General or his or her
  164  designee, the Secretary of Corrections or his or her designee,
  165  and the Chief Justice of the Supreme Court or his or her
  166  designee continue as long as the Attorney General, the Secretary
  167  of Corrections, and the Chief Justice of the Supreme Court serve
  168  in their respective positions.
  169         (d)Commission membership does not disqualify a member from
  170  holding any other public office or from being employed by a
  171  public entity. The Legislature finds and declares that the
  172  commission serves a state, county, and municipal purpose and
  173  that service on the commission is consistent with a member’s
  174  principal service in a public office or in public employment.
  175         (e)Members of the commission serve without compensation
  176  but are entitled to be reimbursed for per diem and travel
  177  expenses as provided in s. 112.061.
  178         (f)The Office of the State Courts Administrator shall act
  179  as staff for the commission and, except as otherwise provided in
  180  paragraph (3)(b), shall provide all necessary data collection,
  181  analysis, and research and support services.
  182         (3)(a)The commission shall meet annually or at the call of
  183  the chair to:
  184         1. Review the offense severity level ranking assigned to
  185  noncapital felony offenses under s. 921.0022 or s. 921.0023.
  186         2. Recommend the inclusion of any noncapital felony
  187  offense, including a newly created noncapital felony offense, on
  188  the offense severity ranking chart provided in s. 921.0022 and
  189  recommend the appropriate offense severity level ranking to
  190  assign to each offense that the commission recommends for
  191  inclusion.
  192         3. Recommend the removal of any noncapital felony offense
  193  ranked on the offense severity ranking chart provided in s.
  194  921.0022 and rank such noncapital felony offense pursuant to s.
  195  921.0023.
  196         4. Recommend a revision to the level of any noncapital
  197  felony offense ranked on the offense severity ranking chart
  198  provided in s. 921.0022 and recommend the appropriate offense
  199  severity level ranking to assign to each offense that the
  200  commission recommends be revised.
  201         (b)Upon the request of the commission, the Department of
  202  Corrections shall provide an estimate of the prison bed impact
  203  of any change to an offense severity level ranking which the
  204  commission is considering and shall provide technical assistance
  205  to the commission for the purpose of assisting it in reviewing
  206  the offense severity level rankings and in preparing its
  207  recommendations pursuant to paragraph (c).
  208         (c)The commission shall make recommendations no later than
  209  October 1 of each year to the Governor, the justices of the
  210  Supreme Court, the President of the Senate, the Speaker of the
  211  House of Representatives, and the chairs of the relevant
  212  legislative committees of both houses on appropriate offense
  213  severity level rankings for noncapital felonies. The basis for
  214  each recommendation must be identified and explained, and each
  215  recommendation must include an estimate of the associated prison
  216  bed impact.
  217         Section 3. Section 921.00241, Florida Statutes, is amended
  218  to read:
  219         921.00241 Prison diversion program.—
  220         (1) Notwithstanding s. 921.0024 and effective for offenses
  221  committed on or after July 1, 2009, a court may divert from the
  222  state correctional system an offender who would otherwise be
  223  sentenced to a state facility by sentencing the offender to a
  224  nonstate prison sanction as provided in subsection (4) (2). An
  225  offender may be sentenced to a nonstate prison sanction if the
  226  offender’s primary offense is a felony of the third degree and
  227  the offender meets all of the following criteria in subsection
  228  (3).:
  229         (2) Notwithstanding s. 921.0024 and effective for offenses
  230  committed on or after October 1, 2017, a court may divert from
  231  the state correctional system an offender who would otherwise be
  232  sentenced to a state facility by sentencing the offender to a
  233  nonstate prison sanction as provided in subsection (4). An
  234  offender may be sentenced to a nonstate prison sanction if the
  235  offender’s primary offense is a felony of the second degree and
  236  the offender meets all of the criteria in subsection (3).
  237         (3) The court shall consider the following criteria for a
  238  nonstate prison sanction:
  239         (a) The offender’s primary offense is a felony of the third
  240  degree.
  241         (a)(b) The offender’s total sentence points score, as
  242  provided in s. 921.0024, is not more than 48 points, or the
  243  offender’s total sentence points score is 54 points and 6 of
  244  those points are for a violation of probation, community
  245  control, or other community supervision, and do not involve a
  246  new violation of law.
  247         (b)(c) The offender has not been convicted or previously
  248  convicted of a forcible felony as defined in s. 776.08, but
  249  excluding any third degree felony violation under chapter 810.
  250         (c)(d) The offender’s primary offense does not require a
  251  minimum mandatory sentence.
  252         (4)(2) If the court elects to impose a sentence as provided
  253  in this section, the court shall sentence the offender to a term
  254  of probation, community control, or community supervision with
  255  mandatory participation in a prison diversion program of the
  256  Department of Corrections if such program is funded and exists
  257  in the judicial circuit in which the offender is sentenced. The
  258  prison diversion program shall be designed to meet the unique
  259  needs of each judicial circuit and of the offender population of
  260  that circuit. The program may require residential,
  261  nonresidential, or day-reporting requirements; substance abuse
  262  treatment; employment; restitution; academic or vocational
  263  opportunities; or community service work.
  264         (5)(3) The court that sentences a defendant to a nonstate
  265  prison sanction pursuant to subsection (4) (2) shall make
  266  written findings that the defendant meets the criteria in
  267  subsection (1) or subsection (2); and the sentencing order must
  268  indicate that the offender was sentenced to the prison diversion
  269  program pursuant to subsection (4) (2). The court may order the
  270  offender to pay all or a portion of the costs related to the
  271  prison diversion program if the court determines that the
  272  offender has the ability to pay.
  273         Section 4. Section 921.0026, Florida Statutes, is amended
  274  to read:
  275         921.0026 Mitigating circumstances.—This section applies to
  276  any felony offense, except any capital felony, committed on or
  277  after October 1, 1998.
  278         (1) A downward departure from the lowest permissible
  279  sentence, as calculated according to the total sentence points
  280  pursuant to s. 921.0024, is prohibited unless there are
  281  circumstances or factors that reasonably justify the downward
  282  departure. Mitigating factors to be considered include, but are
  283  not limited to, those listed in subsection (2). The imposition
  284  of a sentence below the lowest permissible sentence is subject
  285  to appellate review under chapter 924, but the extent of
  286  downward departure is not subject to appellate review.
  287         (2) Mitigating circumstances under which a departure from
  288  the lowest permissible sentence is reasonably justified include,
  289  but are not limited to:
  290         (a) The departure results from a legitimate, uncoerced plea
  291  bargain.
  292         (b) The defendant was an accomplice to the offense and was
  293  a relatively minor participant in the criminal conduct.
  294         (c) The capacity of the defendant to appreciate the
  295  criminal nature of the conduct or to conform that conduct to the
  296  requirements of law was substantially impaired.
  297         (d) For an offense committed on or after October 1, 1998,
  298  but before October 1, 2017, the defendant requires specialized
  299  treatment for a mental disorder that is unrelated to substance
  300  abuse or addiction or for a physical disability, and the
  301  defendant is amenable to treatment.
  302         (e) For an offense committed on or after October 1, 2017,
  303  the defendant requires specialized treatment for an addiction, a
  304  mental disorder, or a physical disability, and the defendant is
  305  amenable to treatment.
  306         (f)(e) The need for payment of restitution to the victim
  307  outweighs the need for a prison sentence.
  308         (g)(f) The victim was an initiator, willing participant,
  309  aggressor, or provoker of the incident.
  310         (h)(g) The defendant acted under extreme duress or under
  311  the domination of another person.
  312         (i)(h) Before the identity of the defendant was determined,
  313  the victim was substantially compensated.
  314         (j)(i) The defendant cooperated with the state to resolve
  315  the current offense or any other offense.
  316         (k)(j) The offense was committed in an unsophisticated
  317  manner and was an isolated incident for which the defendant has
  318  shown remorse.
  319         (l)(k) At the time of the offense the defendant was too
  320  young to appreciate the consequences of the offense.
  321         (m)(l) The defendant is to be sentenced as a youthful
  322  offender.
  323         (n)(m)For an offense committed on or after October 1,
  324  1998, but before October 1, 2017, the defendant’s offense is a
  325  nonviolent felony, the defendant’s Criminal Punishment Code
  326  scoresheet total sentence points under s. 921.0024 are 60 points
  327  or fewer, and the court determines that the defendant is
  328  amenable to the services of a postadjudicatory treatment-based
  329  drug court program and is otherwise qualified to participate in
  330  the program as part of the sentence. Except as provided in this
  331  paragraph, the defendant’s substance abuse or addiction,
  332  including intoxication at the time of the offense, is not a
  333  mitigating factor for an offense committed on or after October
  334  1, 1998, but before October 1, 2017, and does not, under any
  335  circumstance, justify a downward departure from the permissible
  336  sentencing range For purposes of this paragraph, the term
  337  “nonviolent felony” has the same meaning as provided in s.
  338  948.08(6).
  339         (o) For an offense committed on or after October 1, 2017,
  340  the defendant’s offense is a nonviolent felony, and the
  341  defendant’s Criminal Punishment Code scoresheet total sentence
  342  points under s. 921.0024 are 60 points or fewer.
  343         (p)(n) The defendant was making a good faith effort to
  344  obtain or provide medical assistance for an individual
  345  experiencing a drug-related overdose.
  346         (3) As used in subsection (2), the term “nonviolent felony”
  347  has the same meaning as provided in s. 948.08 Except as provided
  348  in paragraph (2)(m), the defendant’s substance abuse or
  349  addiction, including intoxication at the time of the offense, is
  350  not a mitigating factor under subsection (2) and does not, under
  351  any circumstances, justify a downward departure from the
  352  permissible sentencing range.
  353         Section 5. Subsection (7) of section 948.01, Florida
  354  Statutes, is amended to read:
  355         948.01 When court may place defendant on probation or into
  356  community control.—
  357         (7)(a) Notwithstanding s. 921.0024 and effective for
  358  offenses committed on or after July 1, 2009, the sentencing
  359  court may place the defendant into a postadjudicatory treatment
  360  based drug court program if the defendant’s Criminal Punishment
  361  Code scoresheet total sentence points under s. 921.0024 are 60
  362  points or fewer, the offense is a nonviolent felony, the
  363  defendant is amenable to substance abuse treatment, and the
  364  defendant otherwise qualifies under s. 397.334(3). The
  365  satisfactory completion of the program shall be a condition of
  366  the defendant’s probation or community control. As used in this
  367  subsection, the term “nonviolent felony” means a third degree
  368  felony violation under chapter 810 or any other felony offense
  369  that is not a forcible felony as defined in s. 776.08.
  370         (b) Notwithstanding s. 921.0024 and effective for offenses
  371  committed on or after October 1, 2017, the sentencing court must
  372  place the defendant into a postadjudicatory treatment-based drug
  373  court program, into residential drug treatment, or on drug
  374  offender probation if the defendant’s Criminal Punishment Code
  375  scoresheet total sentence points under s. 921.0024 are 60 points
  376  or fewer, the offense is a nonviolent felony, the defendant is
  377  amenable to substance abuse treatment, the defendant’s criminal
  378  behavior is related to substance abuse or addiction, and the
  379  defendant otherwise qualifies under s. 397.334(3). The
  380  satisfactory completion of the program must be a condition of
  381  the defendant’s probation or community control.
  382         (c)(b)In order to be placed in a postadjudicatory
  383  treatment-based drug court program under paragraph (a) or
  384  paragraph (b), the defendant must be fully advised of the
  385  purpose of the program, and the defendant must agree to enter
  386  the program. The original sentencing court shall relinquish
  387  jurisdiction of the defendant’s case to the postadjudicatory
  388  drug court program until the defendant is no longer active in
  389  the program, the case is returned to the sentencing court due to
  390  the defendant’s termination from the program for failure to
  391  comply with the terms thereof, or the defendant’s sentence is
  392  completed.
  393         (d) As used in this subsection, the term “nonviolent
  394  felony” means a third degree felony violation under chapter 810
  395  or any other felony offense that is not a forcible felony as
  396  defined in s. 776.08.
  397         Section 6. For the purpose of incorporating the amendment
  398  made by this act to section 921.0026, Florida Statutes, in
  399  references thereto, paragraphs (b) and (c) of subsection (1) of
  400  section 775.08435, Florida Statutes, are reenacted to read:
  401         775.08435 Prohibition on withholding adjudication in felony
  402  cases.—
  403         (1) Notwithstanding the provisions of s. 948.01, the court
  404  may not withhold adjudication of guilt upon the defendant for:
  405         (b) A second degree felony offense unless:
  406         1. The state attorney requests in writing that adjudication
  407  be withheld; or
  408         2. The court makes written findings that the withholding of
  409  adjudication is reasonably justified based on circumstances or
  410  factors in accordance with those set forth in s. 921.0026.
  411  
  412  Notwithstanding any provision of this section, no adjudication
  413  of guilt shall be withheld for a second degree felony offense if
  414  the defendant has a prior withholding of adjudication for a
  415  felony that did not arise from the same transaction as the
  416  current felony offense.
  417         (c) A third degree felony offense if the defendant has a
  418  prior withholding of adjudication for a felony offense that did
  419  not arise from the same transaction as the current felony
  420  offense unless:
  421         1. The state attorney requests in writing that adjudication
  422  be withheld; or
  423         2. The court makes written findings that the withholding of
  424  adjudication is reasonably justified based on circumstances or
  425  factors in accordance with those set forth in s. 921.0026.
  426  
  427  Notwithstanding any provision of this section, no adjudication
  428  of guilt shall be withheld for a third degree felony offense if
  429  the defendant has two or more prior withholdings of adjudication
  430  for a felony that did not arise from the same transaction as the
  431  current felony offense.
  432         Section 7. For the purpose of incorporating the amendment
  433  made by this act to section 921.0026, Florida Statutes, in a
  434  reference thereto, subsection (3) of section 921.002, Florida
  435  Statutes, is reenacted to read:
  436         921.002 The Criminal Punishment Code.—The Criminal
  437  Punishment Code shall apply to all felony offenses, except
  438  capital felonies, committed on or after October 1, 1998.
  439         (3) A court may impose a departure below the lowest
  440  permissible sentence based upon circumstances or factors that
  441  reasonably justify the mitigation of the sentence in accordance
  442  with s. 921.0026. The level of proof necessary to establish
  443  facts supporting the mitigation of a sentence is a preponderance
  444  of the evidence. When multiple reasons exist to support the
  445  mitigation, the mitigation shall be upheld when at least one
  446  circumstance or factor justifies the mitigation regardless of
  447  the presence of other circumstances or factors found not to
  448  justify mitigation. Any sentence imposed below the lowest
  449  permissible sentence must be explained in writing by the trial
  450  court judge.
  451         Section 8. For the purpose of incorporating the amendment
  452  made by this act to section 921.0026, Florida Statutes, in a
  453  reference thereto, subsection (1) of section 921.00265, Florida
  454  Statutes, is reenacted to read:
  455         921.00265 Recommended sentences; departure sentences;
  456  mandatory minimum sentences.—This section applies to any felony
  457  offense, except any capital felony, committed on or after
  458  October 1, 1998.
  459         (1) The lowest permissible sentence provided by
  460  calculations from the total sentence points pursuant to s.
  461  921.0024(2) is assumed to be the lowest appropriate sentence for
  462  the offender being sentenced. A departure sentence is prohibited
  463  unless there are mitigating circumstances or factors present as
  464  provided in s. 921.0026 which reasonably justify a departure.
  465         Section 9. For the purpose of incorporating the amendment
  466  made by this act to section 948.01, Florida Statutes, in
  467  references thereto, subsection (2) and paragraph (a) of
  468  subsection (4) of section 394.47892, Florida Statutes, are
  469  reenacted to read:
  470         394.47892 Mental health court programs.—
  471         (2) Mental health court programs may include pretrial
  472  intervention programs as provided in ss. 948.08, 948.16, and
  473  985.345, postadjudicatory mental health court programs as
  474  provided in ss. 948.01 and 948.06, and review of the status of
  475  compliance or noncompliance of sentenced defendants through a
  476  mental health court program.
  477         (4)(a) Entry into a postadjudicatory mental health court
  478  program as a condition of probation or community control
  479  pursuant to s. 948.01 or s. 948.06 must be based upon the
  480  sentencing court’s assessment of the defendant’s criminal
  481  history, mental health screening outcome, amenability to the
  482  services of the program, and total sentence points; the
  483  recommendation of the state attorney and the victim, if any; and
  484  the defendant’s agreement to enter the program.
  485         Section 10. For the purpose of incorporating the amendment
  486  made by this act to section 948.01, Florida Statutes, in
  487  references thereto, paragraph (a) of subsection (3) and
  488  subsection (5) of section 397.334, Florida Statutes, are
  489  reenacted to read:
  490         397.334 Treatment-based drug court programs.—
  491         (3)(a) Entry into any postadjudicatory treatment-based drug
  492  court program as a condition of probation or community control
  493  pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
  494  upon the sentencing court’s assessment of the defendant’s
  495  criminal history, substance abuse screening outcome, amenability
  496  to the services of the program, total sentence points, the
  497  recommendation of the state attorney and the victim, if any, and
  498  the defendant’s agreement to enter the program.
  499         (5) Treatment-based drug court programs may include
  500  pretrial intervention programs as provided in ss. 948.08,
  501  948.16, and 985.345, treatment-based drug court programs
  502  authorized in chapter 39, postadjudicatory programs as provided
  503  in ss. 948.01, 948.06, and 948.20, and review of the status of
  504  compliance or noncompliance of sentenced offenders through a
  505  treatment-based drug court program. While enrolled in a
  506  treatment-based drug court program, the participant is subject
  507  to a coordinated strategy developed by a drug court team under
  508  subsection (4). The coordinated strategy may include a protocol
  509  of sanctions that may be imposed upon the participant for
  510  noncompliance with program rules. The protocol of sanctions may
  511  include, but is not limited to, placement in a substance abuse
  512  treatment program offered by a licensed service provider as
  513  defined in s. 397.311 or in a jail-based treatment program or
  514  serving a period of secure detention under chapter 985 if a
  515  child or a period of incarceration within the time limits
  516  established for contempt of court if an adult. The coordinated
  517  strategy must be provided in writing to the participant before
  518  the participant agrees to enter into a treatment-based drug
  519  court program.
  520         Section 11. For the purpose of incorporating the amendment
  521  made by this act to section 948.01, Florida Statutes, in a
  522  reference thereto, paragraph (a) of subsection (5) of section
  523  910.035, Florida Statutes, is reenacted to read:
  524         910.035 Transfer from county for plea, sentence, or
  525  participation in a problem-solving court.—
  526         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  527         (a) For purposes of this subsection, the term “problem
  528  solving court” means a drug court pursuant to s. 948.01, s.
  529  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
  530  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
  531  s. 948.16, or s. 948.21; a mental health court program pursuant
  532  to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16;
  533  or a delinquency pretrial intervention court program pursuant to
  534  s. 985.345.
  535         Section 12. For the purpose of incorporating the amendment
  536  made by this act to section 948.01, Florida Statutes, in a
  537  reference thereto, paragraph (c) of subsection (1) of section
  538  921.187, Florida Statutes, is reenacted to read:
  539         921.187 Disposition and sentencing; alternatives;
  540  restitution.—
  541         (1) The alternatives provided in this section for the
  542  disposition of criminal cases shall be used in a manner that
  543  will best serve the needs of society, punish criminal offenders,
  544  and provide the opportunity for rehabilitation. If the offender
  545  does not receive a state prison sentence, the court may:
  546         (c) Place the offender on probation with or without an
  547  adjudication of guilt pursuant to s. 948.01.
  548         Section 13. For the purpose of incorporating the amendment
  549  made by this act to section 948.01, Florida Statutes, in a
  550  reference thereto, section 943.04352, Florida Statutes, is
  551  reenacted to read:
  552         943.04352 Search of registration information regarding
  553  sexual predators and sexual offenders required when placement on
  554  misdemeanor probation.—When the court places a defendant on
  555  misdemeanor probation pursuant to ss. 948.01 and 948.15, the
  556  public or private entity providing probation services must
  557  conduct a search of the probationer’s name or other identifying
  558  information against the registration information regarding
  559  sexual predators and sexual offenders maintained by the
  560  Department of Law Enforcement under s. 943.043. The probation
  561  services provider may conduct the search using the Internet site
  562  maintained by the Department of Law Enforcement. Also, a
  563  national search must be conducted through the Dru Sjodin
  564  National Sex Offender Public Website maintained by the United
  565  States Department of Justice.
  566         Section 14. This act shall take effect October 1, 2017.