Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 752
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/03/2022 02:40 PM       .                                

       Senator Perry moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 62 - 182
    4  and insert:
    5         Section 2. Paragraphs (a) of subsection (1) of section
    6  948.03, Florida Statutes, is 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, relevant county
   17  probation authority or entity, or the Department of Corrections
   18  and if the court has not excluded the possibility of remote
   19  reporting by the defendant in his or her order of probation. If
   20  the Department of Corrections or a county probation authority or
   21  entity elects to authorize remote reporting, it must adopt and
   22  make available remote probation reporting policies.
   23         Section 3. Subsection (2) of section 948.05, Florida
   24  Statutes, is amended to read:
   25         948.05 Court to admonish or commend probationer or offender
   26  in community control; graduated incentives.—
   27         (2) The department shall implement a system of graduated
   28  incentives to promote compliance with the terms of supervision,
   29  encourage educational achievement and stable employment, and
   30  prioritize the highest levels of supervision for probationers or
   31  offenders presenting the greatest risk of recidivism.
   32         (a) As part of the graduated incentives system, the
   33  department may, without leave of court, offer the following
   34  incentives to a compliant probationer or offender in community
   35  control:
   36         1. Up to 25 percent reduction of required community service
   37  hours;
   38         2. Waiver of supervision fees;
   39         3. Reduction in frequency of reporting;
   40         4. Permission to report by mail or telephone; or
   41         5. Transfer of an eligible offender to administrative
   42  probation as authorized under s. 948.013.
   43         (b) The department may also incentivize positive behavior
   44  and compliance with recommendations to the court to modify the
   45  terms of supervision, including recommending:
   46         1. Permission to travel;
   47         2. Reduction of supervision type;
   48         3. Modification or cessation of curfew;
   49         4. Reduction or cessation of substance abuse testing; or
   50         5. Early termination of supervision.
   51         (c)The department shall, without leave of court,
   52  incentivize educational achievement by awarding a compliant
   53  probationer or offender in community control with a 60-day
   54  reduction of his or her term of supervision for each educational
   55  advancement activity he or she completes during the term of
   56  supervision. As used in this paragraph, the term “educational
   57  advancement activity” means a high school equivalency degree, an
   58  academic degree, or a vocational certificate.
   59         (d)The department shall, without leave of court,
   60  incentivize stable employment by awarding a compliant
   61  probationer or offender in community control a 30-day reduction
   62  of his or her term of supervision for each period of workforce
   63  achievement he or she completes during the term of supervision.
   64  As used in this paragraph, the term “workforce achievement”
   65  means continuous and verifiable full-time employment, for at
   66  least 30 hours per week for a 6-month period, for which the
   67  probationer or offender earns a wage. The department shall
   68  verify such employment through supporting documentation, which
   69  may include, but need not be limited to, any record, letter, pay
   70  stub, contract, or other department-approved method of
   71  verification.
   72         (e)(c) A probationer or offender who commits a subsequent
   73  violation of probation may forfeit any previously earned
   74  probation incentive, as determined appropriate by his or her
   75  probation officer.
   76         Section 4. Subsections (2) and (3) of section 948.15,
   77  Florida Statutes, are amended to read:
   78         948.15 Misdemeanor probation services.—
   79         (2) A private entity or public entity, including a licensed
   80  substance abuse education and intervention program, under the
   81  supervision of the board of county commissioners or the court
   82  may provide probation services and licensed substance abuse
   83  education and treatment intervention programs for misdemeanor
   84  offenders sentenced or placed on probation by the county court.
   85         (3) Any private entity, including a licensed substance
   86  abuse education and intervention program, providing services for
   87  the supervision of misdemeanor probationers must contract with
   88  the county in which the services are to be rendered. The chief
   89  judge In a county having a population of fewer than 70,000, the
   90  county court judge, or the administrative judge of the county
   91  court in a county that has more than one county court judge,
   92  must approve the contract. Terms of the contract must state, but
   93  are not limited to:
   94         (a) The extent of the services to be rendered by the entity
   95  providing supervision or rehabilitation.
   96         (b) Staff qualifications and criminal record checks of
   97  staff.
   98         (c) Staffing levels.
   99         (d) The number of face-to-face contacts with the offender.
  100         (e) Procedures for handling the collection of all offender
  101  fees and restitution.
  102         (f) Procedures for handling indigent offenders which ensure
  103  placement irrespective of ability to pay.
  104         (g) Circumstances under which revocation of an offender’s
  105  probation may be recommended.
  106         (h) Reporting and recordkeeping requirements.
  107         (i) Default and contract termination procedures.
  108         (j) Procedures that aid offenders with job assistance.
  109         (k) Procedures for accessing criminal history records of
  110  probationers.
  112  In addition, the entity shall supply the chief judge’s office
  113  with a quarterly report summarizing the number of offenders
  114  supervised by the private entity, payment of the required
  115  contribution under supervision or rehabilitation, and the number
  116  of offenders for whom supervision or rehabilitation will be
  117  terminated. All records of the entity must be open to inspection
  118  upon the request of the county, the court, the Auditor General,
  119  the Office of Program Policy Analysis and Government
  120  Accountability, or agents thereof.
  122  ================= T I T L E  A M E N D M E N T ================
  123  And the title is amended as follows:
  124         Delete lines 12 - 28
  125  and insert:
  126         circumstances; requiring the department and county
  127         probation authorities or entities to adopt and make
  128         available remote probation reporting policies under
  129         certain circumstances; amending s. 948.05, F.S.;
  130         requiring the department to reduce a probationer’s or
  131         offender’s supervision term by a specified amount of
  132         time for completing an educational advancement
  133         activity; defining the term “educational advancement
  134         activity”; requiring the department to incentivize
  135         stable employment by reducing a probationer’s or
  136         offender’s term of supervision by a specified amount
  137         of time for each period of workforce achievement;
  138         defining the term “workforce achievement”; requiring
  139         the department to verify such employment; amending s.
  140         948.15, F.S.; authorizing a private or public entity
  141         to provide probation services and other specified
  142         programming to misdemeanor offenders; revising who
  143         must approve specified contracts; providing an
  144         effective