Florida 2024 Regular Session

Florida House Bill H1495 Latest Draft

Bill / Introduced Version Filed 01/08/2024

                               
 
HB 1495  	2024 
 
 
 
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 V E	S 
 
 
 
A bill to be entitled 1 
An act relating to nonviolent drug offenders 2 
converting fines and fees into community service; 3 
creating s. 948.016, F.S.; defining the term 4 
"nonviolent"; specifying eligibility for certain 5 
nonviolent drug offenders to convert fines and fees 6 
into community service hours; specifying the 7 
conversion rate; providing requirements for the 8 
completion of community service hours; requiring the 9 
clerk of the court to c reate a form; requiring court 10 
notification and the provision of documents and 11 
information to nonviolent drug offenders; providing 12 
applicability; providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1.  Section 948.016, Florida Statutes, is created 17 
to read: 18 
 948.016  Nonviolent drug offender petition for converting 19 
fines and fees into community service hours; eligibility; 20 
requirements.— 21 
 (1)  DEFINITION.—As used in this section, the term 22 
"nonviolent" means w as not convicted of, or did not plead guilty 23 
or nolo contendere to, regardless of adjudication, any felony or 24 
the attempt to commit any felony listed in s. 775.084(1)(c)1. or 25     
 
HB 1495  	2024 
 
 
 
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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 
 
 
 
s. 948.06(8)(c). 26 
 (2)  ELIGIBILITY; CONVERSION RATE. — 27 
 (a)  An individual who: 28 
 1.  Successfully completed drug offender probation or a 29 
treatment program for one or more misdemeanor or third degree 30 
felony nonviolent drug offenses. 31 
 2.  Is enrolled in at least one: 32 
 a.  Peer support specialist training course at a 33 
postsecondary institut ion or career education institution; 34 
 b.  Continuing education course at a postsecondary 35 
institution or career education institution; or 36 
 c.  Other recognized continuing education course for a 37 
licensed occupation or profession. 38 
 3.  Has been sober or drug free for at least 1 year and has 39 
demonstrated that he or she has a good social support system 40 
such as, but not limited to, consistent participation in a 41 
twelve-step program. 42 
 4.  Submitted a letter of recommendation, 43 
 44 
may submit to the clerk of the court, along with supporting 45 
documentation, a petition to convert any fines or fees resulting 46 
from a conviction for such nonviolent drug offense to community 47 
service hours. Upon receipt of a completed petition, the clerk 48 
of the court must grant the petitio n. 49 
 (b)  The conversion is 1 community service hour for every 50     
 
HB 1495  	2024 
 
 
 
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 V E	S 
 
 
 
$15 owed by the individual. 51 
 (3)  REQUIREMENTS.—The community service hours must be 52 
completed within an addiction treatment facility or other 53 
similar facility that helps individuals who committe d drug 54 
offenses. 55 
 (4)  FORM.—The clerk of the court shall create a form, 56 
publish the form online, and provide a paper copy of the form 57 
upon request. 58 
 (5)  REQUIRED NOTIFICATION AND PROVISION OF DOCUMENTS AND 59 
INFORMATION.—A court shall notify each nonviolen t drug offender 60 
of the existence of the option for converting fines and fees 61 
into community service hours under this section and shall 62 
require the clerk of the court to provide to each nonviolent 63 
drug offender a written or electronic copy of this section a nd 64 
information and instructions on how to complete a petition. 65 
 (6)  APPLICABILITY.—This section does not apply to an 66 
individual who is convicted of, or pled guilty or nolo 67 
contendere to, regardless of adjudication, any of the following 68 
or the attempt to commit any of the following: 69 
 (a)  An offense that requires the individual to register as 70 
a sexual offender under s. 943.0435. 71 
 (b)  Any offense that is not nonviolent. 72 
 Section 2.  This act shall take effect July 1, 2024. 73