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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 criminal offender substance abuse 2
pilot program; creating s. 948.22, F.S.; creating a 3
substance abuse accountability pilot program in a 4
specified county; providing for eligibility for the 5
program; specifying that eligible participants shall 6
be advised of the program before entering a plea; 7
providing for design and implementation of the program 8
in the county; specifying how long a person ma y 9
participate in the program; providing that 10
participants are entitled to an attorney at any court 11
hearing related to the program; providing requirements 12
for the program; authorizing a court to terminate 13
probation or place a person on administrative 14
probation under specified circumstances related to the 15
program; specifying personnel requirements; 16
authorizing subgrants for personnel needs; specifying 17
that program participation does not supersede ignition 18
interlock requirements; requiring program evaluation 19
by a specified date; requiring a report to certain 20
officials by a specified date; providing for repeal of 21
provisions; providing an appropriation; providing an 22
effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
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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
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Section 1. Section 948.22, Florida Statutes, is created to 27
read: 28
948.22 Substance Abuse Accountability Pilot Program. — 29
(1) A Substance Abuse Accountability Pilot Program is 30
established in Hillsborough county from October 1, 2025, through 31
September 30, 2027. 32
(2) Among persons convicted of a felony or first -degree 33
misdemeanor and who are placed on probation, for which 34
abstention from alcohol or controlled substances is a condition 35
of compliance, a court shall designate a subset identified as 36
eligible for the program. Among this eligible pool, individuals 37
will be randomly assigned to participate in the program. All 38
persons deemed eligible shall have the same probability of 39
assignment to the program and shall participate in the program 40
if assigned. No more than 150 offe nders may participate in the 41
program at any one time. 42
(a) Prior to entering any plea agreement that includes a 43
term of probation and any condition of compliance that would 44
make a person eligible for the program, the person must be 45
explicitly advised that he or she may be randomly assigned to 46
participate in the program. All terms and conditions of the 47
program shall be explained to the person, and the person shall 48
acknowledge in writing that he or she understands such terms and 49
conditions and is entering a plea freely and voluntarily. 50
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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
(3) The sheriff of the participating county, in 51
consultation with the chief judge of the judicial circuit, the 52
state attorney, and the Department of Corrections, shall design 53
and implement the program. The sheriff may contrac t with a third 54
party to assist with program design and implementation. However, 55
the program established under this section must include all of 56
the following elements: 57
(a) Notwithstanding any other law, the sheriff shall 58
manage the supervision of all part icipants during their 59
participation in the program. Upon discharge from the program, 60
the participants shall be managed in accordance with current law 61
for any remaining term of supervision. 62
(b) Participants shall attend an in -person judicial 63
hearing at which a judge shall explain to the participants all 64
program conditions and sanctions for noncompliance. A 65
participant's term of participation in the program shall be for 66
the same length as the term of probation for which he or she was 67
sentenced, but may not exceed the expiration of the program. 68
Participants are entitled to an attorney at any court hearing 69
related to the program. A court shall appoint a public defender 70
for a participant who is eligible to be represented by a public 71
defender under s. 27.51. 72
(c) A participant who is ordered to abstain from alcohol 73
shall be tested twice per day by mobile breath alcohol testing. 74
Testing shall be completed in person at the participating county 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
sheriff's office or an alternate location designated by the 76
sheriff's office, approximately 12 hours apart. However, if a 77
court determines that in -person testing is unreasonably 78
burdensome to a participant, the participant may instead be 79
ordered to wear a continuous monitoring device capable of 80
detecting and signaling the pr esence of alcohol. 81
(d) A participant who is ordered to abstain from 82
controlled substances shall be tested randomly, at least twice 83
every 7 days, with no fewer than 60 hours between tests. Testing 84
shall be completed in person at the participating county 85
sheriff's office or an alternate location designated by the 86
sheriff's office, by a method determined by the sheriff. 87
(e) A missed test, failed test, or alert by a continuous 88
monitoring device of a positive test result shall be probable 89
cause that a participant has committed a violation of the 90
program. 91
(f) If there is probable cause that a participant has 92
committed a violation of the program, the participant shall be 93
arrested at the earliest opportunity and held in county jail 94
until an appearance before a judge which must occur no later 95
than 24 hours after the participant's arrest. 96
(g) Upon a judicial finding that a participant has 97
committed a violation of the program, the participant shall be 98
ordered to serve 24 hours in county jail, with credit for time 99
served between his or her arrest and the judicial finding of a 100
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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
violation. The court may not waive or modify any penalties 101
required under this paragraph. 102
(h) A participant who is arrested and held in custody 103
under this section whose alleged violation is not adjudicated 104
within 24 hours of his or her arrest must be released at the 105
earliest possible opportunity. Release of a participant under 106
this paragraph does not end the offender's participation in the 107
program. 108
(i) A court may reduce the frequency of testing for 109
alcohol consumption to once per day for a participant who has 110
zero adjudicated program violations for 60 consecutive days. 111
(j) A court may reduce the frequency of testing for 112
controlled substances to once per week for a participant who has 113
zero adjudicated program violations for 6 consecutive months. 114
(k) Upon successful completion of half the term of 115
participation, the court may place the person on administrative 116
probation pursuant to s. 948.013 for the remainder of the term 117
of supervision, or may terminate the person's probation. 118
(l) Upon five adjudicated violation s of program 119
conditions, a court may discharge the participant from the 120
program and sentence the offender as authorized by law. Nothing 121
in this paragraph shall preclude a court from modifying the 122
conditions of a participant's supervision, including revocat ion 123
of supervision, upon any other violation of supervision 124
conditions. 125
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(m) Participants shall pay all fees associated with 126
participation in the program. However, a court may reduce or 127
eliminate program fees for a participant who has been declared 128
indigent. 129
(4) The program established under this section shall 130
include a program coordinator, whose duties shall include 131
identifying and hiring personnel to ensure efficient 132
administration of the program. The sheriff of the participating 133
county may make subgr ants to any appropriate agency for hiring 134
personnel under this subsection. 135
(5) A court may not order participation in the program in 136
lieu of mandatory placement of an ignition interlock device as 137
described in s. 316.193. 138
(6) By June 30, 2028, the Atto rney General shall complete 139
an evaluation of the program's effectiveness. The Attorney 140
General shall determine the metrics to be evaluated and may 141
contract with a third party to conduct any program evaluations. 142
(7) A report on the pilot program, which mu st include the 143
number of program participants, the number of program 144
violations, and the number of successful program completions, 145
shall be delivered to the Governor, the President of the Senate, 146
and the Speaker of the House of Representatives by November 30, 147
2028. 148
(8) This section is repealed November 30, 2028. 149
Section 2. For fiscal year 2025 -2026, the nonrecurring sum 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
of $2,500,000 to the sheriff in Hillsborough County shall be 151
appropriated from the Opioid Settlement Trust Fund. Funds 152
appropriated under this section may be used for any expenses 153
related to establishing and administering the program through 154
September 30, 2027, including personnel, equipment, training and 155
technical assistance, payments for jail space, data collection, 156
program evaluations, and program fees for indigent participants. 157
Section 3. This act shall take effect July 1, 2025. 158