Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 752
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2022           .                                

       Appropriations Subcommittee on Criminal and Civil Justice
       (Perry) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 45 and 46
    4  insert:
    5         Section 2. Paragraphs (a) and (d) of subsection (1) of
    6  section 948.03, Florida Statutes, are amended to read:
    7         948.03 Terms and conditions of probation.—
    8         (1) The court shall determine the terms and conditions of
    9  probation. Conditions specified in this section do not require
   10  oral pronouncement at the time of sentencing and may be
   11  considered standard conditions of probation. These conditions
   12  may include among them the following, that the probationer or
   13  offender in community control shall:
   14         (a) Report to the probation officer as directed. Such
   15  reporting requirements may be fulfilled through remote reporting
   16  if approved by the relevant probation officer, the relevant
   17  county probation authority or entity, or the Department of
   18  Corrections and if the court has not excluded the possibility of
   19  remote reporting by the defendant in his or her order of
   20  probation. The probation officer shall schedule meetings
   21  required as a condition of probation at times and locations that
   22  take into consideration and accommodate the work schedule,
   23  family caregiver obligations, and medical care of the
   24  probationer unless doing so would cause a threat to public
   25  safety. The Department of Corrections and county probation
   26  authorities or entities shall adopt and make available probation
   27  reporting policies that allow for remote reporting and consider
   28  the scheduling conflicts referenced in this paragraph.
   29         (d) Remain within a specified place.
   30         Section 3. Subsection (2) of section 948.05, Florida
   31  Statutes, is amended to read:
   32         948.05 Court to admonish or commend probationer or offender
   33  in community control; graduated incentives.—
   34         (2) The department shall implement a system of graduated
   35  incentives to promote compliance with the terms of supervision,
   36  encourage stable employment, and prioritize the highest levels
   37  of supervision for probationers or offenders presenting the
   38  greatest risk of recidivism.
   39         (a) As part of the graduated incentives system, the
   40  department may, without leave of court, offer the following
   41  incentives to a compliant probationer or offender in community
   42  control:
   43         1. Up to 25 percent reduction of required community service
   44  hours;
   45         2. Waiver of supervision fees;
   46         3. Reduction in frequency of reporting;
   47         4. Permission to report by mail or telephone; or
   48         5. Transfer of an eligible offender to administrative
   49  probation as authorized under s. 948.013.
   50         (b) The department may also incentivize positive behavior
   51  and compliance with recommendations to the court to modify the
   52  terms of supervision, including recommending:
   53         1. Permission to travel;
   54         2. Reduction of supervision type;
   55         3. Modification or cessation of curfew;
   56         4. Reduction or cessation of substance abuse testing; or
   57         5. Early termination of supervision.
   58         (c) The department shall, without leave of court,
   59  incentivize educational achievement by awarding a compliant
   60  probationer or offender in community control with a 60-day
   61  reduction of his or her term of supervision for each educational
   62  advancement activity he or she completes during the term of
   63  supervision. As used in this paragraph, the term “educational
   64  advancement activity” means a high school equivalency degree, an
   65  academic degree, or a vocational certificate.
   66         (d) A probationer or offender who commits a subsequent
   67  violation of probation may forfeit any previously earned
   68  probation incentive, as determined appropriate by his or her
   69  probation officer.
   70         Section 4. Subsection (6) of section 948.09, Florida
   71  Statutes, is amended to read:
   72         948.09 Payment for cost of supervision and other monetary
   73  obligations.—
   74         (6) The department shall establish a payment plan for all
   75  costs ordered by the courts for collection by the department and
   76  a priority order for payments, except that victim restitution
   77  payments authorized under s. 948.03(1)(e) s. 948.03(1)(f) take
   78  precedence over all other court-ordered payments. The department
   79  is not required to disburse cumulative amounts of less than $10
   80  to individual payees established on this payment plan.
   82  ================= T I T L E  A M E N D M E N T ================
   83  And the title is amended as follows:
   84         Delete line 8
   85  and insert:
   86         certain misdemeanor offenders; amending s. 948.03,
   87         F.S.; authorizing a probationer or offender in
   88         community control to report to a probation officer
   89         through remote reporting under specified
   90         circumstances; requiring a probation officer to take
   91         specified circumstances into consideration when
   92         scheduling meetings; requiring the Department of
   93         Corrections and county probation authorities or
   94         entities to adopt and make available certain probation
   95         reporting policies; deleting remaining within a
   96         specified place as a standard condition of probation;
   97         amending s. 948.05, F.S.; requiring the Department of
   98         Corrections to reduce a probationer’s or offender’s
   99         supervision term by a specified amount of time for
  100         completing an educational advancement activity;
  101         defining the term “educational advancement activity”;
  102         amending s. 948.09, F.S.; conforming a cross
  103         reference; amending s. 948.15,