This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 6/6/2022
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 387 Probationary or Supervision Services for Misdemeanor Offenders
SPONSOR(S): Maney and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 752
FINAL HOUSE FLOOR ACTION: 118 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
HB 387 passed the House on March 9, 2022, as CS/CS/SB 752. The bill includes portions of CS/CS/HB 1037 and SB
1378.
Probation is a form of community supervision which requires a probationer to report to his or her probation officer as
directed and to comply with other terms and conditions, such as maintaining employment whenever possible. If the circuit
court places a defendant on probation for a felony, the Department of Corrections (DOC) must supervise the defendant.
Further, s. 948.01, F.S., prohibits a private entity from providing probationary or supervision services to felony or
misdemeanor offenders sentenced to probation or other supervision by the circuit court. As such, a private entity is
authorized to provide supervision services to a misdemeanor offender sentenced by the county court, but cannot provide
such services to a misdemeanor offender sentenced by the circuit court.
The bill amends ss. 948.01 and 948.15, F.S., to remove the prohibition on a private entity providing probationary or
supervision services to misdemeanor offenders sentenced by the circuit court. The bill authorizes a private entity to
provide probationary or supervision services to all misdemeanor offenders, regardless of whether the offender was
sentenced by the county court or the circuit court. The bill authorizes DOC to supervise misdemeanor offenders when
such supervision is ordered by the circuit court, and retains the current requirement for DOC to supervise felony
probationers sentenced by the circuit court. The bill also transfers the authority to approve a contract with a private entity
to provide supervision services for misdemeanor offenders from the county court judge or the administrative judge of the
county court to the chief judge of the circuit.
Section 948.05(2), F.S., requires DOC to implement a system of graduated incentives to promote compliance with the
terms of probation and prioritize the highest levels of supervision for probationers or offenders presenting the greatest risk
of recidivism. As part of the graduated incentives system, a probation officer may offer incentives to a compliant
probationer or offender in community control, such as reduced community service hours, recommending the court allow
the probationer to travel, or a curfew modification. However, probationers or offenders in community control are not
entitled to a reduction of supervision term under the graduated incentives system.
The bill authorizes a probationer to report remotely to his or her probation officer when approved by the probation
authority and not excluded by the sentencing court. The bill requires a probation entity that authorizes remote reporting to
adopt and publish remote probation reporting policies. The bill also amends s. 948.05, F.S., to require DOC to incentivize:
Educational achievement by awarding a 60 day reduction in supervision term to a probationer or offender in
community control who completes an educational advancement activity, which includes obtaining a high school
diploma, high school equivalency degree, an academic degree, or a vocational certificate during his or her term of
supervision; and
Workforce achievement by awarding a 30 day reduction in supervision term to a probationer or offender in
community control who maintains continuous and verifiable full-time employment, for at least 30 hours per week
for a six-month period, from which he or she earns a wage.
The bill may have an indeterminate impact on DOC and the private sector. The actual number of misdemeanor
probationers who will be diverted away from DOC supervision to a private supervision entity is unknown. Additionally, by
requiring specified reductions to supervision terms, the bill may result in probationers or offenders being under DOC
supervision for shorter terms.
The bill was approved by the Governor on June 3, 2022, ch. 2022-166, L.O.F., and will become effective on July 1, 2022.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Probation and Community Control
In Florida, if a court places a defendant on probation or into community control for a felony, the
Department of Corrections (DOC) must provide immediate supervision by a certified correctional
probation officer.
1
Probation is a form of community supervision which requires a probationer to have
specified contacts with his or her probation officer and to comply with other terms and conditions.
2
The
sentencing court determines any special terms and conditions of probation, which must be reasonably
related to the circumstances of the offense and may include requirements such as completing a
substance abuse treatment program or community service hours
3
or having no contact with a specified
victim. Additionally, a probationer is required to comply with several standard conditions of probation
which may include:
Reporting to the probation officer as directed.
Permitting the probation officer to visit the probationer at his or her home.
Working faithfully at suitable employment, when possible.
Residing at a specified place.
Living without violating the law.
Paying restitution to any aggrieved party for the damage or loss cause by a probationer’s
offense.
Being prohibited from possessing, carrying, or owning a firearm or weapon, without the
probation officer’s consent.
Being prohibited from using intoxicants to excess or possessing any drugs or narcotics.
4
Community control is a form of intensive individualized supervision of an offender who remains in the
community, but whose freedom is restricted within the home, community, or noninstitutional residential
placement and includes specific sanctions and monitoring by probation officers with restricted
caseloads.
5
In addition to the standard conditions which apply to normal probationers, an offender on
community control must: be confined to an agreed-upon residence during any hours he or she is away
from work or public service activities; complete mandatory community services; and be supervised by
electronic monitoring.
6
Misdemeanor Probation Supervision
Defendants Sentenced by the County Court
County courts are trial courts that have original jurisdiction over all:
Misdemeanor cases not cognizable by the circuit courts;
Violations of municipal and county ordinances;
1
S. 948.01, F.S. A “correctional probation officer” is a person who is employed full time by the state whose primary responsibility is the
supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controlees within a DOC
institution or within the community. Additionally a correctional probation officer must meet the minimum qualifications for employment or
appointment as established in s. 943.13, F.S. See s. 943.10, F.S.
2
S. 948.001(8), F.S.
3
S. 948.031, F.S.
4
S. 948.03, F.S.
5
S. 948.001(3), F.S.
6
S. 948.101, F.S.
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Actions at law, except those within the exclusive jurisdiction of the circuit courts, in which the
matter in controversy does not exceed $30,000, exclusive of interest, costs, and attorney fees.
7
A defendant who is placed on probation after being found guilty of a misdemeanor may not be
sentenced to a term of supervision exceeding six months, unless otherwise ordered by the court.
8
Any
person sentenced to misdemeanor probation by the county court must pay no less than $40 per month,
as determined by the court, to the court approved public or private entity providing misdemeanor
supervision.
9
Section 948.15, F.S., authorizes a licensed substance abuse education and intervention program to
provide misdemeanor probation services to a defendant found guilty of a misdemeanor for possession
of a controlled substance or drug paraphernalia. Additionally, a private entity or public entity, including
such licensed substance abuse education and intervention programs, may provide probation services
to offenders sentenced by a county court, when such services are provided under the supervision of the
board of county commissioners or the court.
10
For example, the Salvation Army provides supervision
services including drug testing, job assistance, community service placement, and substance abuse
assistance and rehabilitation to misdemeanor probationers in multiple Florida counties.
11
Any private entity providing supervision services for misdemeanor probationers must contract with the
county in which the services will be provided.
12
In a county with a population of less than 70,000, the
county court judge, or in a county with more than one county court judge, the administrative judge of
the county court must approve the contract. The terms of the contract must include, but are not limited
to:
The extent of the services to be rendered by the entity providing supervision and rehabilitation.
Staff qualifications and criminal record checks of staff.
Staffing levels.
The number of face-to-face contacts with probationers.
Procedures for handling the collection of probationer fees and restitution.
Procedures for handling indigent probationers that ensure placement irrespective of ability to
pay.
Circumstances under which revocation of a probationer's supervision may be recommended.
Reporting and record keeping requirements.
Default and contract termination procedures.
Procedures that aid probationers with job assistance.
Procedures for accessing criminal history records of probationers.
13
The entity must report to the chief judge on a quarterly basis summarizing the number of probationers
supervised by the private entity, payment of the required contribution under supervision or
rehabilitation, and the number of probationers for whom supervision will be terminated. The entity must
open its records to inspection upon the request of the county, the court, the Auditor General, the Office
of Program Policy Analysis and Government Accountability, or any agent thereof.
A private entity that charges a fee for providing supervision services to probationers must register with
the board of county commissioners in the county in which the entity offers services. The entity must
provide specified information for each program it operates, including:
The length of time the program has been operating in the county.
7
S. 34.01(1), F.S. Under this section, the jurisdiction of the county court in civil actions depends on the amount in controversy and the
date upon which such action is filed.
8
S. 948.15(1), F.S.
9
S. 948.09(1)(b), F.S.
10
S. 948.15(2), F.S.
11
Such misdemeanor probation services are provided in Citrus, Dixie, Duval, Gilchrist, Highlands, and Marion counties. The Salvation
Army, Correctional Services, https://salvationarmyflorida.org/correctional-services/ (last visited Mar. 21, 2022).
12
S. 948.15(3), F.S.
13
Id.
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A list of the staff and a summary of their qualifications.
A summary of the types of services that are offered under the program.
The fees the entity charges for court-ordered services and any procedures for indigent
probationers.
14
A private entity, including a licensed substance abuse education and intervention program, providing
misdemeanor supervision services must comply with all other applicable provisions of law.
15
Defendants Sentenced by the Circuit Court
A circuit court is a trial court that has exclusive original jurisdiction over:
All actions at law not cognizable by the county courts;
Proceedings relating to settling estates of decedents and minors, granting testamentary letters,
guardianship, involuntary hospitalization, the determination of incompetency, and other
jurisdiction usually pertaining to probate courts;
All cases in equity including all cases relating to juveniles except traffic offenses as provided in
chapters 316 and 985;
All felonies and all misdemeanors arising out of the same circumstances as a felony which is
also charged;
All cases involving the legality of any tax assessment or toll or denial of refund, except as
provided in s. 72.011, F.S.;
Ejectment actions; and
All actions involving the title and boundaries of real property.
16
Generally, felony offenses are adjudicated by the circuit court and misdemeanor offenses are
adjudicated by the county court. However, circuit courts routinely adjudicate misdemeanor charges
when:
A misdemeanor charge arises out of the same circumstances as a felony; or
A felony charge is reduced or dismissed in circuit court and the court retains jurisdiction over the
remaining misdemeanor charge.
If the circuit court places a defendant on probation for a felony, DOC must supervise the defendant.
17
A
defendant who is placed on probation for a misdemeanor may not be placed under DOC's supervision
unless the circuit court was the court of original jurisdiction.
18
DOC currently supervises more than
164,000 offenders on probation or in community control throughout Florida.
19
Any person placed on probation under ch. 948, F.S., must pay DOC supervision fees equal to the total
month or portion of a month of supervision times the court-ordered amount, but such amount cannot
exceed the actual per diem cost of supervision.
20
DOC must consider an offender's ability to pay in
establishing a written pay plan. Any funds collected from felony probationers may be used by DOC to
offset the costs associated with community supervision programs.
21
Subsections 948.01(1) and (5), F.S., prohibit a private entity from providing probationary or supervision
services to felony or misdemeanor offenders sentenced to probation or other supervision by the circuit
court. As such, a private entity is authorized to provide supervision services to a misdemeanor offender
14
S. 948.15(4), F.S.
15
S. 948.15(5), F.S.
16
S. 26.012(2), F.S.
17
S. 948.01(1)(a), F.S.
18
S. 948.01(2), F.S.
19
Florida Department of Corrections, Probation Services, http://www.dc.state.fl.us/cc/index.html (last visited Mar. 21, 2022).
20
S. 948.09(1)(a)1., F.S.
21
Id. Additionally, a felony probationer must pay a $2-per-month surcharge to be used by DOC to pay for correctional probation officers'
training and equipment, including radios, and firearms training, firearms, and similar equipment. S. 948.09(1)(a)2., F.S.
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sentenced by the county court but cannot provide such services to a misdemeanor offender sentenced
by the circuit court.
Effect of the Bill – Misdemeanor Probation Supervision
The bill amends ss. 948.01 and 948.15, F.S., to remove the prohibition on a private entity providing
probationary or supervision services to misdemeanor offenders sentenced by the circuit court. As such,
the bill authorizes a private entity to provide probationary or supervision services to all misdemeanor
offenders, regardless of whether the offender was sentenced by the county court or the circuit court.
The bill gives any court the ability to order a misdemeanor offender to be supervised by a private entity,
but does not require a court to order such supervision. The bill authorizes DOC to supervise
misdemeanor offenders when such supervision is ordered by the circuit court. A felony probationer
sentenced by the circuit court must continue to be supervised by DOC.
The bill revises the current contracting process to transfer the authority to approve a contract with a
private entity to provide supervision services for misdemeanor offenders from the county court judge or
the administrative judge of the county court to the chief judge of the circuit.
Remote Reporting and Probation Credits
Education and Learning as a Condition of Probation or Community Control
Section 948.037, F.S., authorizes a court to require an offender who has not obtained a high school
diploma or a high school equivalency diploma or who lacks basic or functional literacy skills, to make a
good faith effort toward attaining literacy skills or a high school equivalency diploma as a condition of
probation or community control upon acceptance by an adult education program.
22
A court may not
revoke probation or community control because of an offender’s inability to achieve literacy skills or a
diploma, but may revoke probation or community control if the offender fails to make a good faith effort
towards achieving such skills or diploma.
23
A court may grant a probationer or offender in community
control early termination of supervision upon his or her successful completion of an approved program.
Reduction or Termination of Term of Probation or Community Control
Generally, once a probationer completes the period of probation, he or she is released from probation
and the court no longer retains jurisdiction to sentence the offender for the offense for which probation
was allowed. However, if a probationer has performed satisfactorily, has not been found in violation of
any terms or conditions of supervision, and has met all financial conditions imposed by the court,
including fines, court costs, and restitution, his or her probation officer may recommend early
termination of probation to the court at any time before the scheduled termination date.
24
Under s. 948.06(4), F.S., upon the probationer’s motion,
25
the court shall order early termination of
supervision or convert the supervisory term to administrative probation
26
if all of the following conditions
are met:
The probationer has completed at least half of the term of probation to which he or she was
sentenced.
The probationer has successfully completed all other conditions of probation.
22
S. 948.037, F.S.
23
Id. “Good faith effort” means the offender is enrolled in a program of instruction and is attending and making satisfactory progress
toward completion of the requirements.
24
S. 948.04, F.S.
25
This provision only applies to a defendant sentenced on or after October 1, 2019. See s. 948.04(4), F.S.
26
“Administrative probation” is a form of no contact, nonreporting supervision. A court may order administrative probation, or DOC may
transfer an offender to administrative probation under specified circumstances. S. 948.001(1), F.S.
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The court has not found the probationer in violation of probation pursuant to a filed violation of
probation affidavit at any point during the current supervisory term.
The parties did not specifically exclude the possibility of early termination or conversion to
administrative probation as part of a negotiated sentence.
The probationer does not qualify as a violent felony offender of special concern under
s. 948.06(8)(b), F.S.
27
However, a court may decline to early terminate the probationary term or convert the term to
administrative probation if it makes written findings that continued reporting probation is necessary to
protect the community or the interest of justice.
28
Additionally, an offender on community control is not
eligible to motion for mandatory early termination or conversion to administrative probation under
s. 948.04, F.S.
29
Graduated Incentives
Section 948.05(2), F.S., requires DOC to implement a system of graduated incentives to promote
compliance with the terms of supervision and prioritize the highest levels of supervision for probationers
or offenders presenting the greatest risk of recidivism. As part of the graduated incentives system, the
department may offer, without leave of the court, the following incentives to a compliant probationer or
offender in community control:
Up to 25 percent reduction of required community service hours;
Waiver of supervision fees;
Reduction in frequency of reporting;
Permission to report by mail or telephone; or
Transfer of an eligible offender to administration probation as authorized under s. 948.013,
F.S.
30
The department may also incentivize positive behavior and compliance by recommending to the court
to modify a probationer’s terms of supervision, which may include recommending:
Permission to travel;
Reduction of supervision type;
Modification or cessation of curfew;
Reduction or cessation of substance abuse testing; or
Early termination of supervision.
31
A probationer or offender in community control may forfeit any previously earned probation incentive if
he or she commits a subsequent violation of probation.
32
Graduated incentives are currently offered at
the discretion of the probation officer or court and a probationer or offender in community control is not
entitled to any such graduated incentive.
Gain Time Award for Inmates
Section 944.275, F.S., authorizes DOC to grant deductions from prison sentences in the form of gain-
time to encourage satisfactory behavior and to provide incentives for inmates to participate in
productive activities. Specifically, s. 944.275(4), F.S., authorizes DOC to award an inmate:
A one-time award of 60 days of incentive gain time for completing a high school equivalency
diploma or vocational certificate.
33
27
S. 948.04(4), F.S.
28
S. 948.04(5), F.S.
29
S. 948.04(6), F.S.
30
S. 948.05(2)(a), F.S.
31
S. 948.05(2)(b), F.S.
32
S. 948.05(2)(c), F.S.
33
S. 944.275(4)(d), F.S.
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Up to 10 days per month of incentive gain time for working diligently, participating in training,
using time constructively, or otherwise engaging in positive activities.
34
Probationers or offenders in community control are not entitled to a similar reduction of supervision
term under the graduated incentives system.
Effect of the Bill – Remote Reporting and Probation Credits
The bill amends s. 948.05, F.S., to require DOC to implement the graduated incentives system for
probationers and offenders in community control in a manner that encourages educational achievement
and stable employment in addition to promoting compliance with terms of supervision and prioritizing
the highest level of supervision for probationers and offenders presenting the greatest risk of
recidivism. Under the bill, the department must incentivize:
Educational achievement by awarding a 60-day reduction in the term of supervision for a
probationer or offender in community control who completes an educational advancement
activity during his or her term of supervision.
Workforce achievement by awarding a 30-day reduction in the term of supervision for a
probationer or offender in community control for each period of workforce achievement he or
she completes during his or her term of supervision.
Under the bill, “educational advancement activity” means obtaining a high school diploma, a high
school equivalency diploma, an academic degree, or a vocational certificate. The bill requires a
probationer or offender in community control to be given a 60-day reduction in supervision for each
educational advancement activity he or she completes and the award of such a reduction does not
require court approval.
The bill defines “workforce achievement” as continuous and verifiable full-time employment, for at least
30 hours per week for a six-month period, from which the probationer or offender in community control
earns a wage. Under the bill, a probation officer must verify employment through supporting
documentation which may include any record, letter, pay stub, contract, or any other method approved
by the probation officer. The bill requires a probationer or offender in community control to be given a
30-day reduction in supervision for each period of workforce achievement he or she completes and the
award of such a reduction does not require court approval.
A probationer or offender in community control who commits a subsequent violation of probation may
forfeit any supervision term reduction awarded for completing an educational advancement activity or
period of workforce achievement, at the discretion of his or her probation officer.
The bill amends s. 948.03, F.S., to authorize a probationer or offender in community control to fulfill the
standard reporting requirements of probation by remotely reporting to his or her probation officer if
approved by the relevant probation officer, county probation authority or entity, or DOC, and if the court
has not excluded remote reporting in his or her order of probation. If the probation entity or authority
authorizes remote reporting, it must adopt and publish remote probation reporting policies.
The effective date of this bill is July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
34
S. 933.275(4)(b), F.S. Inmates sentenced for an offense committed on or after October 1, 1995 are eligible to earn up to 10 days of
incentive gain time per month. However, an inmate may not be awarded any amount of gain time that would result in him or her serving
less than 85 percent of the sentence imposed. See s. 944.275(4)(f), F.S.
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None.
2. Expenditures:
The bill may have an indeterminate impact on DOC. The bill authorizes, but does not require, a
private entity to provide probation services to misdemeanor offenders sentenced by the circuit
court. As such, the actual number of probationers who will be diverted away from DOC supervision
is unknown.
The bill requires the supervision term of a probationer or offender in community control to be
reduced for completing educational advancement activities or periods of workforce achievement,
which may result in probationers or offenders in community control being under department
supervision for shorter terms.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate impact on the private sector. The bill authorizes, but does not
require a private entity to provide probation services to misdemeanor offenders sentenced by the circuit
court. Therefore, the bill may result in an increased number of probationers being supervised by a
private entity, but the number of probationers that may actually be diverted is unknown.
Further, for probationers or offenders in community control who have their term of supervision reduced
for completing educational advancement activities or periods of workforce achievement, the bill may
reduce the amount of supervision and other related fees owed to DOC.
D. FISCAL COMMENTS:
None.