HB 387 2022
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hb0387-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
A bill to be entitled 1
An act relating to probationary or supervision 2
services for misdemeanor offenders; amending s. 3
948.01, F.S.; authorizing the Department of 4
Corrections to supervise certain misdemeanor 5
offenders; removing a prohibition on private entities 6
from providing probationary or supervision services to 7
certain misdemeanor offenders; amending s. 948.15, 8
F.S.; authorizing a private or public entity to 9
provide probation services and other specified 10
programming to misdemeanor offenders; revising who may 11
approve specified contracts; providing an effective 12
date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Paragraph (a) of sub section (1) and subsection 17
(5) of section 948.01, Florida Statutes, are amended to read: 18
948.01 When court may place defendant on probation or into 19
community control.— 20
(1) Any state court having original jurisdiction of 21
criminal actions may at a time t o be determined by the court, 22
with or without an adjudication of the guilt of the defendant, 23
hear and determine the question of the probation of a defendant 24
in a criminal case, except for an offense punishable by death, 25
HB 387 2022
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hb0387-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
who has been found guilty by the ver dict of a jury, has entered 26
a plea of guilty or a plea of nolo contendere, or has been found 27
guilty by the court trying the case without a jury. 28
(a) If the court places the defendant on probation or into 29
community control for a felony, the department sha ll provide 30
immediate supervision by an officer employed in compliance with 31
the minimum qualifications for officers as provided in s. 32
943.13. The department may provide supervision to misdemeanor 33
offenders sentenced or placed on probation by a circuit court , 34
when so ordered by the sentencing court. A private entity may 35
not provide probationary or supervision services to felony or 36
misdemeanor offenders sentenced or placed on probation or other 37
supervision by the circuit court . 38
(5) The imposition of sentence may not be suspended and 39
the defendant thereupon placed on probation or into community 40
control unless the defendant is placed under the custody of the 41
department or another public or private entity. A private entity 42
may not provide probationary or supervi sion services to felony 43
or misdemeanor offenders sentenced or placed on probation or 44
other supervision by the circuit court . 45
Section 2. Subsections (2) and (3) of section 948.15, 46
Florida Statutes, are amended to read: 47
948.15 Misdemeanor probation ser vices.— 48
(2) A private entity or public entity, including a 49
licensed substance abuse education and intervention program, 50
HB 387 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
under the supervision of the board of county commissioners or 51
the court may provide probation services and licensed substance 52
abuse education and treatment intervention programs for 53
misdemeanor offenders sentenced or placed on probation by the 54
county court. 55
(3) Any private entity, including a licensed substance 56
abuse education and intervention program, providing services for 57
the supervision of misdemeanor probationers must contract with 58
the county in which the services are to be rendered. The chief 59
In a county having a population of fewer than 70,000, the county 60
court judge, or the administrative judge of the county court in 61
a county that has more than one county court judge, must approve 62
the contract. Terms of the contract must state, but are not 63
limited to: 64
(a) The extent of the services to be rendered by the 65
entity providing supervision or rehabilitation. 66
(b) Staff qualifications and criminal record checks of 67
staff. 68
(c) Staffing levels. 69
(d) The number of face -to-face contacts with the offender. 70
(e) Procedures for handling the collection of all offender 71
fees and restitution. 72
(f) Procedures for handling indigent offenders which 73
ensure placement irrespective of ability to pay. 74
(g) Circumstances under which revocation of an offender's 75
HB 387 2022
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
probation may be recommended. 76
(h) Reporting and recordkeeping requirements. 77
(i) Default and contract termination procedures. 78
(j) Procedures that aid offenders with job assistance. 79
(k) Procedures for accessing criminal history records of 80
probationers. 81
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In addition, the entity shall supply the chief judge's office 83
with a quarterly report sum marizing the number of offenders 84
supervised by the private entity, payment of the required 85
contribution under supervision or rehabilitation, and the number 86
of offenders for whom supervision or rehabilitation will be 87
terminated. All records of the entity mu st be open to inspection 88
upon the request of the county, the court, the Auditor General, 89
the Office of Program Policy Analysis and Government 90
Accountability, or agents thereof. 91
Section 3. This act shall take effect July 1, 2022. 92