FL
Florida House Bill H1263

Florida 2023 Regular Session

Florida House Bill H1263 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to criminal sentencing; amending s. 2
1616 921.0024, F.S.; prohibiting points from being assessed 3
1717 for violations of community sanctions that are 4
1818 resolved under an alternative sanctioning program for 5
1919 purposes of calculations under the Criminal Punishment 6
2020 Code; amending s. 948.06, F.S.; providing for the 7
2121 resolution of low-risk violations of probation through 8
2222 an alternative sanctioning program in cert ain 9
2323 circumstances; correcting provisions concerning 10
2424 limiting prison sentences for first -time revocations 11
2525 for technical violations; providing for structured 12
2626 sentences when technical violations result in prison 13
2727 terms in certain circumstances; providing time periods 14
2828 for hearing and release of a probationer or offender 15
29-concerning alleged violations that are low -risk 16
30-violations; providing that an alternative sanctioning 17
31-program is the default method for the resolution of 18
32-certain low-risk violations; providing an effective 19
33-date. 20
29+concerning alleged violations that are criminal 16
30+traffic offenses or technical violations; providing 17
31+that an alternative sanctioning program is the default 18
32+method for the resolution of certain low -risk 19
33+violations; providing an effective date. 20
3434 21
3535 Be It Enacted by the Legislature of the State of Florida: 22
3636 23
3737 Section 1. Paragraph (b) of subsection (1) of section 24
3838 921.0024, Florida Statutes, is amended to read: 25
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4747 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
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5151 921.0024 Criminal Punishment Code; wo rksheet computations; 26
5252 scoresheets.— 27
5353 (1) 28
5454 (b) WORKSHEET KEY: 29
5555 Legal status points are assessed when any form of legal status 30
5656 existed at the time the offender committed an offense before the 31
5757 court for sentencing. Four (4) sentence points are assessed for 32
5858 an offender's legal status. 33
5959 34
6060 Community sanction violation points are assessed when a 35
6161 community sanction violation is before the court for sentencing. 36
6262 Six (6) sentence points are assessed for each community sanction 37
6363 violation and each successive community san ction violation, 38
6464 unless any of the following apply: 39
6565 1. If the community sanction violation includes a new 40
6666 felony conviction before the sentencing court, twelve (12) 41
6767 community sanction violation points are assessed for the 42
6868 violation, and for each successi ve community sanction violation 43
6969 involving a new felony conviction. 44
7070 2. If the community sanction violation is committed by a 45
7171 violent felony offender of special concern as defined in s. 46
7272 948.06: 47
7373 a. Twelve (12) community sanction violation points are 48
7474 assessed for the violation and for each successive violation of 49
7575 felony probation or community control where: 50
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8484 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
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8888 I. The violation does not include a new felony conviction; 51
8989 and 52
9090 II. The community sanction violation is not based solely 53
9191 on the probationer or offend er's failure to pay costs or fines 54
9292 or make restitution payments. 55
9393 b. Twenty-four (24) community sanction violation points 56
9494 are assessed for the violation and for each successive violation 57
9595 of felony probation or community control where the violation 58
9696 includes a new felony conviction. 59
9797 60
9898 Multiple counts of community sanction violations before the 61
9999 sentencing court shall not be a basis for multiplying the 62
100100 assessment of community sanction violation points. 63
101101 64
102-If the community sanction violation is resolved through the 65
103-alternative sanctioning pr ogram under s. 948.06(9), no points 66
104-are assessed. If a community sanction violation not resolved 67
105-through the alternative sanctioning program is before the court, 68
106-no points are assessed for prior violations that were resolved 69
107-through the alternative sanctio ning program. 70
108- 71
109-Prior serious felony points: If the offender has a primary 72
110-offense or any additional offense ranked in level 8, level 9, or 73
111-level 10, and one or more prior serious felonies, a single 74
112-assessment of thirty (30) points shall be added. For purpo ses of 75
102+Prior serious felony points: If the offender has a primary 65
103+offense or any additional offense ranked in level 8, level 9, or 66
104+level 10, and one or more prior serious felonies, a single 67
105+assessment of thirty (30) points shall be added. For purposes of 68
106+this section, a prior serious felony is an offense in the 69
107+offender's prior record that is ranked in level 8, level 9, or 70
108+level 10 under s. 921.0022 or s. 921.0023 and for which the 71
109+offender is serving a sentence of confinement, supervision, or 72
110+other sanction or fo r which the offender's date of release from 73
111+confinement, supervision, or other sanction, whichever is later, 74
112+is within 3 years before the date the primary offense or any 75
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121121 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
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125-this section, a prior serious felony is an offense in the 76
126-offender's prior record that is ranked in level 8, level 9, or 77
127-level 10 under s. 921.0022 or s. 921.0023 and for which the 78
128-offender is serving a sentence of confinement, supervision, or 79
129-other sanction or for which the offender's date of release from 80
130-confinement, supervision, or other sanction, whichever is later, 81
131-is within 3 years before the date the primary offense or any 82
132-additional offense was committed. 83
133- 84
134-Prior capital felony points: If the offender has one or more 85
135-prior capital felonies in the offender's criminal record, points 86
136-shall be added to the subtotal sentence points of the offender 87
137-equal to twice the number of points the offender receives for 88
138-the primary offense and any additional of fense. A prior capital 89
139-felony in the offender's criminal record is a previous capital 90
140-felony offense for which the offender has entered a plea of nolo 91
141-contendere or guilty or has been found guilty; or a felony in 92
142-another jurisdiction which is a capital fel ony in that 93
143-jurisdiction, or would be a capital felony if the offense were 94
144-committed in this state. 95
145- 96
146-Possession of a firearm, semiautomatic firearm, or machine gun: 97
147-If the offender is convicted of committing or attempting to 98
148-commit any felony other than th ose enumerated in s. 775.087(2) 99
149-while having in his or her possession: a firearm as defined in 100
125+additional offense was committed. 76
126+ 77
127+Prior capital felony points: If the offender has on e or more 78
128+prior capital felonies in the offender's criminal record, points 79
129+shall be added to the subtotal sentence points of the offender 80
130+equal to twice the number of points the offender receives for 81
131+the primary offense and any additional offense. A prior capital 82
132+felony in the offender's criminal record is a previous capital 83
133+felony offense for which the offender has entered a plea of nolo 84
134+contendere or guilty or has been found guilty; or a felony in 85
135+another jurisdiction which is a capital felony in that 86
136+jurisdiction, or would be a capital felony if the offense were 87
137+committed in this state. 88
138+ 89
139+Possession of a firearm, semiautomatic firearm, or machine gun: 90
140+If the offender is convicted of committing or attempting to 91
141+commit any felony other than those enumerated in s. 775.087(2) 92
142+while having in his or her possession: a firearm as defined in 93
143+s. 790.001(6), an additional eighteen (18) sentence points are 94
144+assessed; or if the offender is convicted of committing or 95
145+attempting to commit any felony other than those enume rated in 96
146+s. 775.087(3) while having in his or her possession a 97
147+semiautomatic firearm as defined in s. 775.087(3) or a machine 98
148+gun as defined in s. 790.001(9), an additional twenty -five (25) 99
149+sentence points are assessed. 100
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158158 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
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162-s. 790.001(6), an additional eighteen (18) sentence points are 101
163-assessed; or if the offender is convicted of committing or 102
164-attempting to commit any felony other t han those enumerated in 103
165-s. 775.087(3) while having in his or her possession a 104
166-semiautomatic firearm as defined in s. 775.087(3) or a machine 105
167-gun as defined in s. 790.001(9), an additional twenty -five (25) 106
168-sentence points are assessed. 107
169- 108
170-Sentencing multiplie rs: 109
171- 110
172-Drug trafficking: If the primary offense is drug trafficking 111
173-under s. 893.135, the subtotal sentence points are multiplied, 112
174-at the discretion of the court, for a level 7 or level 8 113
175-offense, by 1.5. The state attorney may move the sentencing 114
176-court to reduce or suspend the sentence of a person convicted of 115
177-a level 7 or level 8 offense, if the offender provides 116
178-substantial assistance as described in s. 893.135(4). 117
179- 118
180-Law enforcement protection: If the primary offense is a 119
181-violation of the Law Enforcement Pr otection Act under s. 120
182-775.0823(2), (3), or (4), the subtotal sentence points are 121
183-multiplied by 2.5. If the primary offense is a violation of s. 122
184-775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 123
185-are multiplied by 2.0. If the primary offense i s a violation of 124
186-s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 125
162+ 101
163+Sentencing multipliers: 102
164+ 103
165+Drug trafficking: If the primary offense is drug trafficking 104
166+under s. 893.135, the subtotal sentence points are multiplied, 105
167+at the discretion of the court, for a level 7 or level 8 106
168+offense, by 1.5. The state attorney may move the sentencing 107
169+court to reduce or suspen d the sentence of a person convicted of 108
170+a level 7 or level 8 offense, if the offender provides 109
171+substantial assistance as described in s. 893.135(4). 110
172+ 111
173+Law enforcement protection: If the primary offense is a 112
174+violation of the Law Enforcement Protection Act un der s. 113
175+775.0823(2), (3), or (4), the subtotal sentence points are 114
176+multiplied by 2.5. If the primary offense is a violation of s. 115
177+775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 116
178+are multiplied by 2.0. If the primary offense is a violation o f 117
179+s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 118
180+Protection Act under s. 775.0823(10) or (11), the subtotal 119
181+sentence points are multiplied by 1.5. 120
182+ 121
183+Grand theft of a motor vehicle: If the primary offense is grand 122
184+theft of the third degree involvi ng a motor vehicle and in the 123
185+offender's prior record, there are three or more grand thefts of 124
186+the third degree involving a motor vehicle, the subtotal 125
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195195 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
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199-Protection Act under s. 775.0823(10) or (11), the subtotal 126
200-sentence points are multiplied by 1.5. 127
201- 128
202-Grand theft of a motor vehicle: If the primary offense is grand 129
203-theft of the third degree involving a motor vehicle and in the 130
204-offender's prior record, there are three or more grand thefts of 131
205-the third degree involving a motor vehicle, the subtotal 132
206-sentence points are multiplied by 1.5. 133
207- 134
208-Offense related to a criminal gang: If the offend er is convicted 135
209-of the primary offense and committed that offense for the 136
210-purpose of benefiting, promoting, or furthering the interests of 137
211-a criminal gang as defined in s. 874.03, the subtotal sentence 138
212-points are multiplied by 1.5. If applying the multipli er results 139
213-in the lowest permissible sentence exceeding the statutory 140
214-maximum sentence for the primary offense under chapter 775, the 141
215-court may not apply the multiplier and must sentence the 142
216-defendant to the statutory maximum sentence. 143
217- 144
218-Domestic violence in the presence of a child: If the offender is 145
219-convicted of the primary offense and the primary offense is a 146
220-crime of domestic violence, as defined in s. 741.28, which was 147
221-committed in the presence of a child under 16 years of age who 148
222-is a family or househo ld member as defined in s. 741.28(3) with 149
223-the victim or perpetrator, the subtotal sentence points are 150
199+sentence points are multiplied by 1.5. 126
200+ 127
201+Offense related to a criminal gang: If the offender is convicted 128
202+of the primary offense and committed that offense for the 129
203+purpose of benefiting, promoting, or furthering the interests of 130
204+a criminal gang as defined in s. 874.03, the subtotal sentence 131
205+points are multiplied by 1.5. If applying the multiplier results 132
206+in the lowest permissible sentence exceeding the statutory 133
207+maximum sentence for the primary offense under chapter 775, the 134
208+court may not apply the multiplier and must sentence the 135
209+defendant to the statutory maximum sentence. 136
210+ 137
211+Domestic violence in the presence of a child: If the offender is 138
212+convicted of the primary offense and the primary offense is a 139
213+crime of domestic violence, as defined in s. 741.28, which was 140
214+committed in the presence of a child under 16 years of age who 141
215+is a family or household member as de fined in s. 741.28(3) with 142
216+the victim or perpetrator, the subtotal sentence points are 143
217+multiplied by 1.5. 144
218+ 145
219+Adult-on-minor sex offense: If the offender was 18 years of age 146
220+or older and the victim was younger than 18 years of age at the 147
221+time the offender co mmitted the primary offense, and if the 148
222+primary offense was an offense committed on or after October 1, 149
223+2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 150
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232232 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
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236-multiplied by 1.5. 151
237- 152
238-Adult-on-minor sex offense: If the offender was 18 years of age 153
239-or older and the victim was younger than 18 years of age at the 154
240-time the offender committed the primary offense, and if the 155
241-primary offense was an offense committed on or after October 1, 156
242-2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 157
243-violation involved a victim who was a minor and, in the course 158
244-of committing that violation, the defendant committed a sexual 159
245-battery under chapter 794 or a lewd act under s. 800.04 or s. 160
246-847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 161
247-787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 162
248-800.04; or s. 847.0135(5), the subtotal sentence points are 163
249-multiplied by 2.0. If applying the multiplier results in the 164
250-lowest permissible sentence exceeding the statutory maximum 165
251-sentence for the primary offense under chapter 775, the court 166
252-may not apply the multiplier an d must sentence the defendant to 167
253-the statutory maximum sentence. 168
254- Section 2. Paragraph (c) of subsection (1), paragraph (f) 169
255-of subsection (2), subsection (4), and paragraphs (c), (d), (e), 170
256-and (i) of subsection (9) of section 948.06, Florida Statutes, 171
257-are amended to read: 172
258- 948.06 Violation of probation or community control; 173
259-revocation; modification; continuance; failure to pay 174
260-restitution or cost of supervision. — 175
236+violation involved a victim who was a minor and, in the course 151
237+of committing that viola tion, the defendant committed a sexual 152
238+battery under chapter 794 or a lewd act under s. 800.04 or s. 153
239+847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 154
240+787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 155
241+800.04; or s. 847.0135(5), the su btotal sentence points are 156
242+multiplied by 2.0. If applying the multiplier results in the 157
243+lowest permissible sentence exceeding the statutory maximum 158
244+sentence for the primary offense under chapter 775, the court 159
245+may not apply the multiplier and must sentence the defendant to 160
246+the statutory maximum sentence. 161
247+ 3. If the community sanction violation is resolved through 162
248+the alternative sanctioning program under s. 948.06(9), no 163
249+points are assessed. If a community sanction violation not 164
250+resolved through the altern ative sanctioning program is before 165
251+the court, no points are assessed for prior violations that were 166
252+resolved through the alternative sanctioning program. 167
253+ Section 2. Paragraph (c) of subsection (1), paragraph (f) 168
254+of subsection (2), subsection (4), and paragraphs (c), (d), (e), 169
255+and (i) of subsection (9) of section 948.06, Florida Statutes, 170
256+are amended to read: 171
257+ 948.06 Violation of probation or community control; 172
258+revocation; modification; continuance; failure to pay 173
259+restitution or cost of supervision. — 174
260+ (1) 175
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269269 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
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273- (1) 176
274- (c) If a probationer or offender on community control 177
275-commits a technical violation, the probation officer shall 178
276-determine whether the probationer or offender on community 179
277-control is eligible for the alternative sanctioning program 180
278-under subsection (9). If the probation officer determines that 181
279-the probationer or offender on community cont rol is eligible, 182
280-the probation officer may proceed with the alternative 183
281-sanctioning program in lieu of filing an affidavit of violation 184
282-with the court. If the probationer or offender on community 185
283-control is eligible for the alternative sanctioning program and 186
284-the violation is a low -risk violation, as defined in paragraph 187
285-(9)(b), the probation officer shall proceed with the alternative 188
286-sanctioning program in lieu of filing an affidavit of violation 189
287-with the court unless directed by the court to submit or fil e an 190
288-affidavit of violation pursuant to paragraph (9)(i). For 191
289-purposes of this section, the term "technical violation" means 192
290-an alleged violation of supervision that is not a new felony 193
291-offense, a misdemeanor violation of chapter 784, a misdemeanor 194
292-crime of domestic violence, as defined in s. 741.28, or a 195
293-misdemeanor under s. 316.193, s. 741.29, s. 741.31, s. 784.046, 196
294-s. 784.047, s. 784.048, s. 784.0487, s. 784.049, or s. 787.025 197
295-misdemeanor offense, or criminal traffic offense other than a 198
296-misdemeanor violation of s. 322.34. 199
297- (2) 200
273+ (c) If a probationer or offender on community control 176
274+commits a technical violation, the probation officer shall 177
275+determine whether the probationer or offender on community 178
276+control is eligible for the alternative sanctioning program 179
277+under subsection (9). If the probation officer determines that 180
278+the probationer or offender on community control is eligible, 181
279+the probation officer may proceed with the alternative 182
280+sanctioning program in lieu of filing an affidavit of violation 183
281+with the court. If the probationer or offender on community 184
282+control is eligible for the alternative sanctioning program and 185
283+the violation is a low -risk violation, as defined in paragraph 186
284+(9)(b), the probation officer shall proceed with the alternative 187
285+sanctioning program in lieu of fil ing an affidavit of violation 188
286+with the court unless directed by the court to submit or file an 189
287+affidavit of violation pursuant to paragraph (9)(i). For 190
288+purposes of this section, the term "technical violation" means 191
289+an alleged violation of supervision that is not a new felony 192
290+offense, a misdemeanor violation of chapter 784, a misdemeanor 193
291+crime of domestic violence, as defined in s. 741.28, or a 194
292+misdemeanor under s. 316.193, s. 741.29, s. 741.31, s. 784.046, 195
293+s. 784.047, s. 784.048, s. 784.0487, s. 784.049, or s. 787.025 196
294+misdemeanor offense, or criminal traffic offense other than a 197
295+misdemeanor violation of s. 322.34 . 198
296+ (2) 199
297+ (f)1. Except as provided in subparagraph 4. 3. or upon 200
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306306 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
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310- (f)1. Except as provided in subparagraph 4. 3. or upon 201
311-waiver by the probationer, the court shall modify or continue a 202
312-probationary term upon finding a probationer in violation when 203
313-all of the following apply: 204
314- a. The term of supervision is probation. 205
315- b. The probationer does not qualify as a violent felony 206
316-offender of special concern, as defined in paragraph (8)(b). 207
317- c. The violation is a low -risk technical violation, as 208
318-defined in paragraph (9)(b). 209
319- d. The court has not , on two or more separate occasions, 210
320-previously found the probationer in violation of his or her 211
321-probation pursuant to a filed violation of probation affidavit 212
322-during the current term of supervision. A probationer who has 213
323-successfully completed sanctions thro ugh the alternative 214
324-sanctioning program is eligible for mandatory modification or 215
325-continuation of his or her probation. 216
326- 2. Upon modifying probation under subparagraph 1., the 217
327-court may include in the sentence a maximum of 90 days in county 218
328-jail as a special condition of probation. If the court has 219
329-previously found the probationer in violation of his or her 220
330-probation and modified probation with up to 90 days in county 221
331-jail as a special condition of probation it may, upon 222
332-modification of probation under sub paragraph 1., include in the 223
333-sentence a maximum of 120 days in county jail as a special 224
334-condition of probation. 225
310+waiver by the probationer, the court shall modify or continue a 201
311+probationary term up on finding a probationer in violation when 202
312+all of the following apply: 203
313+ a. The term of supervision is probation. 204
314+ b. The probationer does not qualify as a violent felony 205
315+offender of special concern, as defined in paragraph (8)(b). 206
316+ c. The violation is a low-risk technical violation, as 207
317+defined in paragraph (9)(b). 208
318+ d. The court has not , on two or more separate occasions, 209
319+previously found the probationer in violation of his or her 210
320+probation pursuant to a filed violation of probation affidavit 211
321+during the current term of supervision. A probationer who has 212
322+successfully completed sanctions through the alternative 213
323+sanctioning program is eligible for mandatory modification or 214
324+continuation of his or her probation. 215
325+ 2. Upon modifying probation under subparagraph 1., the 216
326+court may include in the sentence a maximum of 90 days in county 217
327+jail as a special condition of probation. If the court has 218
328+previously found the probationer in violation of his or her 219
329+probation and modified probation with up to 90 days in county 220
330+jail as a special condition of probation it may, upon 221
331+modification of probation under subparagraph 1., include in the 222
332+sentence a maximum of 120 days in county jail as a special 223
333+condition of probation. 224
334+ 3.2. Upon modifying probation under subparagraph 1., t he 225
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343343 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
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347- 3.2. Upon modifying probation under subparagraph 1., the 226
348-court may include in the sentence a maximum of 90 days in county 227
349-jail as a special co ndition of probation. 228
350- 4.3. Notwithstanding s. 921.0024, if a probationer meets 229
351-the criteria for mandatory modification in subparagraph 1. but 230
352-has less time on supervision remaining than the number of days 231
353-in jail authorized in subparagraph 2. than 90 days of 232
354-supervision remaining on his or her term of probation and meets 233
355-the criteria for mandatory modification or continuation in 234
356-subparagraph 1., the court may revoke probation and sentence the 235
357-probationer to a maximum of 90 or 120 days in county jail as 236
358-provided in subparagraph 2 . 237
359- 5.4. For purposes of imposing a jail sentence under this 238
360-paragraph only, the court may grant credit only for time served 239
361-in the county jail since the probationer's most recent arrest 240
362-for the violation. However, the court may not order the 241
363-probationer to a total term of incarceration greater than the 242
364-maximum provided by s. 775.082. 243
365- (4) Notwithstanding any other provision of this section, a 244
366-felony probationer or an offender in community control who is 245
367-arrested for violating his o r her probation or community control 246
368-in a material respect may be taken before the court in the 247
369-county or circuit in which the probationer or offender was 248
370-arrested. That court shall advise him or her of the charge of a 249
371-violation and, if such charge is admi tted, shall cause him or 250
347+court may include in the sentence a maximum of 90 days in county 226
348+jail as a special condition of probation. 227
349+ 4.3. Notwithstanding s. 921.0024, if a probationer meets 228
350+the criteria for mandatory modification in subparagraph 1. but 229
351+has less time on supervision remaining than the number of days 230
352+in jail authorized in subparagraph 2. than 90 days of 231
353+supervision remaining on his or her term of probation and meets 232
354+the criteria for mandatory modification or continuation in 233
355+subparagraph 1., the court may revoke pr obation and sentence the 234
356+probationer to a maximum of 90 or 120 days in county jail as 235
357+provided in subparagraph 2 . 236
358+ 5.4. For purposes of imposing a jail sentence under this 237
359+paragraph only, the court may grant credit only for time served 238
360+in the county jail since the probationer's most recent arrest 239
361+for the violation. However, the court may not order the 240
362+probationer to a total term of incarceration greater than the 241
363+maximum provided by s. 775.082. 242
364+ (4) Notwithstanding any other provision of this section, a 243
365+felony probationer or an offender in community control who is 244
366+arrested for violating his or her probation or community control 245
367+in a material respect may be taken before the court in the 246
368+county or circuit in which the probationer or offender was 247
369+arrested. That court shall advise him or her of the charge of a 248
370+violation and, if such charge is admitted, shall cause him or 249
371+her to be brought before the court that granted the probation or 250
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380380 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
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384-her to be brought before the court that granted the probation or 251
385-community control. If the violation is not admitted by the 252
386-probationer or offender, the court may commit him or her or 253
387-release him or her with or without bail to awai t further 254
388-hearing. However, if the probationer or offender is under 255
389-supervision for any criminal offense proscribed in chapter 794, 256
390-s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 257
391-registered sexual predator or a registered sexual offender, or 258
392-is under supervision for a criminal offense for which he or she 259
393-would meet the registration criteria in s. 775.21, s. 943.0435, 260
394-or s. 944.607 but for the effective date of those sections, the 261
395-court must make a finding that the probationer or offender is 262
396-not a danger to the public prior to release with or without 263
397-bail. In determining the danger posed by the offender's or 264
398-probationer's release, the court may consider the nature and 265
399-circumstances of the violation and any new offenses charged; the 266
400-offender's or probationer's past and present conduct, including 267
401-convictions of crimes; any record of arrests without conviction 268
402-for crimes involving violence or sexual crimes; any other 269
403-evidence of allegations of unlawful sexual conduct or the use of 270
404-violence by the offender or probationer; the offender's or 271
405-probationer's family ties, length of residence in the community, 272
406-employment history, and mental condition; his or her history and 273
407-conduct during the probation or community control supervision 274
408-from which the violation arises and any other previous 275
384+community control. If the violation is not admitted by the 251
385+probationer or offender, the court may commit him or her or 252
386+release him or her with or without bail to await further 253
387+hearing. However, if the probationer or offender is under 254
388+supervision for any criminal offense proscribed in chapter 794, 255
389+s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 256
390+registered sexual predator or a registered sexual offender, or 257
391+is under supervision for a criminal offense for which he or she 258
392+would meet the registration criteria in s. 775.21, s. 943.0435, 259
393+or s. 944.607 but for the effective date of those sections, the 260
394+court must make a finding that the probationer or offender is 261
395+not a danger to the public prior to release with or without 262
396+bail. In determining the danger posed by the offender's or 263
397+probationer's release, the court may consider the na ture and 264
398+circumstances of the violation and any new offenses charged; the 265
399+offender's or probationer's past and present conduct, including 266
400+convictions of crimes; any record of arrests without conviction 267
401+for crimes involving violence or sexual crimes; any ot her 268
402+evidence of allegations of unlawful sexual conduct or the use of 269
403+violence by the offender or probationer; the offender's or 270
404+probationer's family ties, length of residence in the community, 271
405+employment history, and mental condition; his or her history an d 272
406+conduct during the probation or community control supervision 273
407+from which the violation arises and any other previous 274
408+supervisions, including disciplinary records of previous 275
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417417 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
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421-supervisions, including disciplinary records of previous 276
422-incarcerations; the likelihood that the offender or probationer 277
423-will engage again in a criminal course of conduct; the weight of 278
424-the evidence against the offender or pr obationer; and any other 279
425-facts the court considers relevant. The court, as soon as is 280
426-practicable, shall give the probationer or offender an 281
427-opportunity to be fully heard on his or her behalf in person or 282
428-by counsel. If the alleged violation is a low -risk violation, as 283
429-defined in paragraph (9)(b), the court shall, within 20 days 284
430-after arrest, give the probationer or offender an opportunity to 285
431-be fully heard on his or her behalf in person or by counsel. If 286
432-no hearing is held within 20 days after arrest, the court shall 287
433-release the probationer or offender without bail. The court may 288
434-impose nonmonetary conditions of release. After the hearing, the 289
435-court shall make findings of fact and forward the findings to 290
436-the court that granted the probation or community con trol and to 291
437-the probationer or offender or his or her attorney. The findings 292
438-of fact by the hearing court are binding on the court that 293
439-granted the probation or community control. Upon the probationer 294
440-or offender being brought before it, the court that gra nted the 295
421+incarcerations; the likelihood that the offender or probationer 276
422+will engage again in a criminal course of conduct; the weight of 277
423+the evidence against the offender or probationer; and any other 278
424+facts the court considers relevant. The court, as soon as is 279
425+practicable, shall give the probationer or offender an 280
426+opportunity to be fully hea rd on his or her behalf in person or 281
427+by counsel. If the alleged violation is a criminal traffic 282
428+offense or a low-risk violation, as defined in paragraph (9)(b), 283
429+the court shall, within 20 days after arrest, give the 284
430+probationer or offender an opportunity t o be fully heard on his 285
431+or her behalf in person or by counsel. If no hearing is held 286
432+within 20 days after arrest, the court shall release the 287
433+probationer or offender without bail. The court may impose 288
434+nonmonetary conditions of release. After the hearing, t he court 289
435+shall make findings of fact and forward the findings to the 290
436+court that granted the probation or community control and to the 291
437+probationer or offender or his or her attorney. The findings of 292
438+fact by the hearing court are binding on the court that gr anted 293
439+the probation or community control. Upon the probationer or 294
440+offender being brought before it, the court that granted the 295
441441 probation or community control may revoke, modify, or continue 296
442442 the probation or community control or may place the probationer 297
443443 into community control as provided in this section. However, the 298
444444 probationer or offender shall not be released and shall not be 299
445445 admitted to bail, but shall be brought before the court that 300
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454454 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
455455
456456
457457
458458 granted the probation or community control if any violation of 301
459459 felony probation or community control other than a failure to 302
460460 pay costs or fines or make restitution payments is alleged to 303
461461 have been committed by: 304
462462 (a) A violent felony offender of special concern, as 305
463463 defined in this section; 306
464464 (b) A person who is on felony pr obation or community 307
465465 control for any offense committed on or after the effective date 308
466466 of this act and who is arrested for a qualifying offense as 309
467467 defined in this section; or 310
468468 (c) A person who is on felony probation or community 311
469469 control and has previously been found by a court to be a 312
470470 habitual violent felony offender as defined in s. 775.084(1)(b), 313
471471 a three-time violent felony offender as defined in s. 314
472472 775.084(1)(c), or a sexual predator under s. 775.21, and who is 315
473473 arrested for committing a qualifying offens e as defined in this 316
474474 section on or after the effective date of this act. 317
475475 (9) 318
476476 (c) As used in this subsection, the term "moderate -risk 319
477477 violation" means any of the following: 320
478478 1. A violation identified in paragraph (b), when committed 321
479479 by an offender on co mmunity control. 322
480480 2. Failure to remain at an approved residence by an 323
481481 offender on community control. 324
482482 3. A third violation identified in paragraph (b) by a 325
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491491 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
492492
493493
494494
495495 probationer within the current term of supervision. 326
496496 4. A new misdemeanor offense that is not a mi sdemeanor 327
497497 violation of chapter 784, a misdemeanor crime of domestic 328
498498 violence, as defined in s. 741.28, or a misdemeanor under s. 329
499499 316.193, s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 330
500500 784.048, s. 784.0487, s. 784.049, or s. 787.025. 331
501501 5.4. Any other violation as determined by administrative 332
502502 order of the chief judge of the circuit. 333
503503 (d) A probationer or offender on community control is not 334
504504 eligible for an alternative sanction if: 335
505505 1. He or she is a violent felony offender of special 336
506506 concern as defined i n paragraph (8)(b); 337
507507 2. The violation is a felony, a misdemeanor violation of 338
508508 chapter 784, a misdemeanor crime of domestic violence, as 339
509509 defined in s. 741.28, or a misdemeanor under s. 316.193, s. 340
510510 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, s. 341
511511 784.0487, s. 784.049, or s. 787.025 misdemeanor, or criminal 342
512512 traffic offense other than a misdemeanor violation of s. 322.34 ; 343
513513 3. The violation is absconding; 344
514514 4. The violation is of a stay -away order or no-contact 345
515515 order; 346
516516 5. The violation is not identif ied as low-risk or 347
517517 moderate-risk under this subsection or by administrative order; 348
518518 6. He or she has a prior moderate -risk level violation 349
519519 during the current term of supervision; 350
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528528 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
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532532 7. He or she has three prior low -risk level violations 351
533533 during the same term of supervision; 352
534534 8. The term of supervision is scheduled to terminate in 353
535535 less than 90 days; or 354
536536 9. The terms of the sentence prohibit alternative 355
537537 sanctioning. 356
538538 (e) For a first or second low -risk violation, as defined 357
539539 in paragraph (b), within the current term of supervision, a 358
540540 probation officer shall may offer an eligible probationer one or 359
541541 more of the following as an alternative sanction: 360
542542 1. Up to 5 days in th e county jail. 361
543543 2. Up to 50 additional community service hours. 362
544544 3. Counseling or treatment. 363
545545 4. Support group attendance. 364
546546 5. Drug testing. 365
547547 6. Loss of travel or other privileges. 366
548548 7. Curfew for up to 30 days. 367
549549 8. House arrest for up to 30 days. 368
550550 9.a. Any other sanction as determined by administrative 369
551551 order of the chief judge of the circuit. 370
552552 b. However, in no circumstance shall participation in an 371
553553 alternative sanctioning program convert a withheld adjudication 372
554554 to an adjudication of guilt. 373
555555 (i) If the violation is a low -risk violation under 374
556556 paragraph (b), the court shall impose the recommended sanction 375
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565565 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
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567567
568568
569569 unless it records a finding of specific, identified risk to 376
570570 public safety, in which case it may direct the department to 377
571571 submit a violation report, affidavit, and warrant to the court. 378
572572 In all other cases, the court may impose the recommended 379
573573 sanction or direct the department to submit a violation report, 380
574574 affidavit, and warrant to the court. 381
575575 Section 3. This act shall take effect October 1, 2023. 382