HB 1037 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 V E S
A bill to be entitled 1
An act relating to terms and conditions of probation; 2
amending s. 948.03, F.S.; authorizing remote reporting 3
to probation officers in certain circumstances; 4
deleting an order to remain in a specified place as a 5
standard condition of probation; specifying that 6
noncriminal moving violations are not considered 7
probation violations; revising what may be considered 8
association with persons engaged in criminal 9
activities; providing requirements in order for a 10
court to add additional terms and conditions of 11
probation; creating s. 948.051, F.S.; providing 12
definitions; providing for the award of probation 13
credits by the Department of Corrections; specifying 14
circumstances in which such credits may be awarded; 15
providing for periodic accountings of such credits; 16
providing for rulemaking; requiring a report; amending 17
ss. 948.04 and 948.09, F.S.; conforming provisions to 18
changes made by the act; providing an effective date. 19
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Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Paragraphs (e) through (p) of subsection (1) of 23
section 948.03, Florida Statutes, are redesignated as paragraphs 24
(d) through (o), respectively, and present paragraphs (a), (d), 25
HB 1037 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 V E S
(e), and (k) of that subsection and subsection (2) are amended 26
to read: 27
948.03 Terms and conditions of probation. — 28
(1) The court shall determine the terms and conditions of 29
probation. Conditions specified in this section do not require 30
oral pronouncement at the time of sentencing and may be 31
considered standard conditions of probation. These conditions 32
may include among them the following, that the probationer or 33
offender in community control shall: 34
(a) Report to the probation officer as directed. Such 35
reporting requirements may be fulfilled through remote reporting 36
if approved by the relevant probation officer, relevant county 37
probation authority or entity, or the Department of Corrections. 38
The probation officer shall schedule meetings required as a 39
condition of probation at times and locations that take into 40
consideration and accommodate the work schedule, family 41
caregiver obligations, and medical care of the probationer 42
unless doing so would cause a threat to public safety. The 43
Department of Correction s and county probation authorities or 44
entities shall promulgate and make available probation reporting 45
policies that allow for remote reporting and consider the 46
scheduling conflicts referenced in this paragraph. 47
(d) Remain within a specified place. 48
(d)(e) Live without violating any law , except that a 49
noncriminal moving violation is not a violation of the law for 50
HB 1037 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 V E S
the purposes of this paragraph . A conviction in a court of law 51
is not necessary for such a violation of law to constitute a 52
violation of probation, community control, or any other form of 53
court-ordered supervision. 54
(j)(k) Not knowingly associate with persons engaged in 55
criminal activities, except that a violation of this prohibition 56
cannot be based solely on the fact that a person has a crimina l 57
record. 58
(2) The enumeration of specific kinds of terms and 59
conditions does not prevent the court from adding thereto such 60
other or others as it considers proper , to the extent that such 61
conditions involve only such deprivations of liberty or property 62
as are reasonably necessary to protect the public from the 63
probationer's conduct in the underlying conviction or violation 64
and the court states on the record the purpose of each condition 65
in protecting the public from the probationer's conduct in the 66
underlying conviction or violation . However, the sentencing 67
court may only impose a condition of supervision allowing an 68
offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 69
847.0135(5), or s. 847.0145 to reside in another state if the 70
order stipulates that it is contingent upon the approval of the 71
receiving state interstate compact authority. The court may 72
rescind or modify at any time the terms and conditions 73
theretofore imposed by it upon the probationer. However, if the 74
court withholds adjudication of guilt or imposes a period of 75
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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 V E S
incarceration as a condition of probation, the period may not 76
exceed 364 days, and incarceration shall be restricted to either 77
a county facility, or a probation and restitution center under 78
the jurisdiction of the Department of Corrections. 79
Section 2. Section 948.051, Florida Statutes, is created 80
to read: 81
948.051 Probation credits. — 82
(1) As used in this section, the term: 83
(a) "Compliance" means the absence of a violation report 84
submitted by a probation officer during a c alendar month, a 85
technical violation notification letter filed during a calendar 86
month, an alternative sanction imposed under s. 948.06 during a 87
calendar month, a motion to revoke or motion to suspend 88
probation filed in a calendar month, or a determination of the 89
probationer's guilt of a probation violation or criminal 90
offense, whether by trial, hearing, or plea. 91
(b) "Department" means the Department of Corrections. 92
(c) "Life skills program" means a program approved by the 93
department which is designed to reduce recidivism by addressing, 94
at a minimum, education, job skills, interpersonal skills, 95
stress and anger management, or personal development. 96
(2) The department may grant deductions from terms of 97
probation in the form of probation credits to encou rage 98
satisfactory behavior on probation, to provide a meaningful 99
incentive for probationers to participate in and complete 100
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recidivism-reducing activities and programs, and to reward 101
probationers who perform outstanding deeds or services. Credits 102
shall be awarded in accordance with the following terms: 103
(a) A probationer shall be eligible to earn probation 104
credits to reduce his or her term of probation during each full 105
calendar month in which the probationer is in compliance with 106
the terms of his or her pro bation. 107
(b) As a means of encouraging satisfactory behavior and 108
successful reentry, the department shall grant a probationer a 109
probation credit for good behavior which shall reduce a 110
probationer's term of probation by 10 days for each calendar 111
month of compliance with the terms of his or her probation. 112
1. A probation credit for good behavior for a partial 113
month shall be prorated on the basis of a 30 -day month. 114
2. A probationer may not earn a probation credit for good 115
behavior on the last full calendar month of his or her 116
probation. 117
3. If earned, probation credits for good behavior shall be 118
credited and applied by the probationer's probation officer at 119
least quarterly. 120
(c)1. As a means of encouraging employment and public 121
safety and well-being, the department shall grant a probation 122
credit for rehabilitation which shall reduce a probationer's 123
term of probation by 60 days for each completion of a 124
recidivism-reducing activity, including the following: 125
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a. A high school equivalency diploma. 126
b. An academic degree, vocational course, or certificate. 127
c. Validated substance abuse or mental health treatment 128
not required as a condition of supervision. 129
d. Life skills programs and other recidivism -reducing 130
programs and activities approved by the court or the relevant 131
office of supervision. 132
2. If earned, probation credits for rehabilitation shall 133
be credited and applied by the probationer's probation officer 134
at least quarterly. 135
3. Probation credits for rehabilitation awarded for 136
completing a recidivism -reducing activity under this paragraph 137
are retroactive. 138
(d) The department may grant additional probation credits 139
for rehabilitation of up to 20 days for each month in which a 140
probationer works diligently, participates in training or 141
education, uses time constructively, or otherwise engages in 142
positive activities. If earned, probation credits for 143
rehabilitation shall be credited and applied by the 144
probationer's probation officer at least quarterly. 145
(e) To encourage outstanding deeds or service to the 146
community, the department may award a probationer probation 147
credits for meritorious actions under the terms and in the 148
amount applicable to inmates as provided in s. 944.275(4)(c). 149
Probation credits awarded under this paragraph may be applied 150
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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 V E S
retroactively. If earned, probation credits shall be credited 151
and applied by the probationer's probation officer at least 152
quarterly. 153
(f) A probationer shall not earn any probation credits for 154
a calendar month in which a sustained violation occurred, he or 155
she absconded from probation, or he or she is incarcerated on a 156
conviction or a sustained violation. 157
(g) The calculation of probation credits begins on the 158
probationer's first day of probation or on July 1, 2022, if the 159
probationer began a term of probation before J une 1, 2022. 160
(h) When a probationer is subject to more than one period 161
of community supervision, the reductions authorized in this 162
section shall be applied to each period of supervision to which 163
the probationer is subject. 164
(i) Any probation credits for good behavior earned under 165
this section may be rescinded if the court revokes a term of 166
probation and imposes a term of incarceration. 167
(j) Once the combination of time served on probation and 168
accrued probation credits satisfy the total term of probation 169
imposed, the court shall order the supervision terminated, so 170
long as the probationer has not been found to have willfully 171
failed to pay any restitution amount. 172
(3) At least quarterly and before consideration of early 173
termination of supervision under s. 948.04(4), the probationer's 174
probation officer shall calculate and provide the probationer in 175
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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 V E S
writing, by electronic communication or at a scheduled check -in, 176
with an account of his or her earned probation credits by type 177
of credits earned under subsectio n (2) and the length of the 178
remaining term. If the probationer disagrees with the probation 179
officer's calculation of his or her credits, the probationer may 180
ask for court review of his or her probation credits before any 181
consideration of early termination of supervision under s. 182
948.04(4) and within 3 months before the probation termination 183
date established by the court under s. 948.04. 184
(4) The department shall adopt rules to implement the 185
granting, forfeiture, restoration, and deletion of probation 186
credits for good behavior, probation credits for rehabilitation, 187
and probation credits for meritorious actions. These rules must 188
include procedures for informing each probationer at the 189
commencement of his or her probation term of his or her 190
eligibility to earn such credits and the processes by which he 191
or she can earn each type of credit. 192
(5) The department shall collect information and report 193
annually to the Governor, the President of the Senate, and the 194
Speaker of the House of Representatives, and make the report 195
publicly available, no later than December 1st each year. The 196
report must include the number of probationers under the 197
supervision of the department who have earned credits under this 198
section during that year, the average amount of credits earned 199
per probationer during that year, the total number of 200
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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 V E S
supervision days reduced due to the awarding of credits under 201
this section, and the number of probationers terminated from 202
supervision early that year. 203
Section 3. Paragraph (a) of subsection (4) of se ction 204
948.04, Florida Statutes, is amended to read: 205
948.04 Period of probation; duty of probationer; early 206
termination; conversion of term. — 207
(4) Except as provided in subsection (5), for defendants 208
sentenced to probation on or after October 1, 2019, th e court, 209
upon motion by the probationer or the probation officer, shall 210
either early terminate the probationer's supervision or convert 211
the supervisory term to administrative probation if all of the 212
following requirements are met: 213
(a) The probationer has completed at least half of the 214
term of probation to which he or she was sentenced , accounting 215
for the application of any credits earned under s. 948.051 . 216
Section 4. Subsection (6) of section 948.09, Florida 217
Statutes, is amended to read: 218
948.09 Payment for cost of supervision and other monetary 219
obligations.— 220
(6) The department shall establish a payment plan for all 221
costs ordered by the courts for collection by the department and 222
a priority order for payments, except that victim restitution 223
payments authorized under s. 948.03(1)(e) s. 948.03(1)(f) take 224
precedence over all other court -ordered payments. The department 225
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is not required to disburse cumulative amounts of less than $10 226
to individual payees established on this payment plan. 227
Section 5. This act shall take effect July 1, 2022. 228