STORAGE NAME: h1095b.JUB
DATE: 3/31/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1095
TITLE: Criminal Offender Substance Abuse Pilot
Program
SPONSOR(S): Koster
COMPANION BILL: SB 1140 (Gruters)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
17 Y, 0 N, As CS
Justice Budget
Judiciary
SUMMARY
Effect of the Bill:
The bill creates a Substance Abuse Pilot Program to be administered by the Hillsborough County Sheriff’s Office
from October 1, 2025, through September 30, 2027, for individuals convicted of a felony or first-degree
misdemeanor and required to abstain from alcohol or controlled substances as a condition of probation. Under the
bill, all eligible individuals have the same probability of being randomly assigned to the program, however, no more
than 150 people may participate at one time. A participant’s term of participation must be for the same length as
the term of probation for which he or she was sentenced, but may not exceed the expiration of the program. The bill
requires participants to submit to alcohol or drug testing at frequent, specified intervals and requires a participant
to be arrested and serve up to 24 hours in county jail for committing any program violation. The bill specifies that
participants are entitled to an attorney at any court hearing related to the program. Under the bill, participants
must pay all fees associated with participation in the program, but a court may reduce program fees for indigent
individuals. The bill requires the Attorney General to complete an evaluation of the program’s effectiveness and
submit a report containing specified information to the Governor and Legislature by November 30, 2028.
Fiscal or Economic Impact:
The bill appropriates the nonrecurring sum of $2,500,000 for fiscal year 2025-2026 from the Opioid Settlement
Trust Fund to the Hillsborough County Sheriff’s Office to administer the pilot program, which may have an
indeterminate positive impact on jail beds by requiring pilot program participants to serve specified jail sentences
for violating a condition of the program. The bill may have an indeterminate positive impact on the private sector
by requiring participants to pay fees associated with testing under the program, which may include fees to private
vendors for the use of alcohol and drug monitoring devices.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Substance Abuse Accountability Pilot Program
The bill creates a Substance Abuse Accountability Pilot Program in Hillsborough County from October 1, 2025,
through September 30, 2027. The program applies to individuals who are:
Convicted of a felony or first-degree misdemeanor;
Placed on probation; and
Required to abstain from alcohol or controlled substances as a condition of release. (Section 1)
Under the bill, all eligible individuals have the same probability of being randomly assigned to participate,
however, no more than 150 people may participate at any one time. Prior to entering any plea agreement that
includes a term of probation and any condition of compliance that would make a person eligible for the program, a
person must be informed of all terms and conditions of the program and explicitly advised that he or she may be
randomly assigned to the program. The person must acknowledge in writing that he or she understands such
terms and conditions and is entering a plea freely and voluntarily. (Section 1) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill requires that a participant’s term of participation in the program must be for the same length as the term
of probation for which he or she was sentenced, but may not exceed the expiration of the program. Upon successful
completion of half the term of participation, the court may place the person on administrative probation pursuant
to s. 948.013, F.S., for the remainder of the term of supervision, or may terminate the person’s probation. (Section
1)
Additionally, participants must attend an in-person judicial hearing at which a judge must explain program
conditions and sanctions for noncompliance. Participants are entitled to an attorney at any court hearing related to
the program, and the court must appoint a public defender for a participant who is eligible to be represented by a
public defender under s. 27.51, F.S. (Section 1)
The bill specifies that a court may not order participation in the program in lieu of mandatory placement of an
ignition interlock device as described in s. 316.193, F.S. (Section 1)
Design and Implementation
The Hillsborough County Sheriff must design and implement the program in consultation with the Chief Judge of
the 13
th Judicial Circuit, the State Attorney, and the Department of Corrections, and may also contract with a third
party for assistance. The sheriff must also manage participant supervision, but upon discharge from the program,
participants must be managed in accordance with current law for any remaining term of supervision. (Section 1)
The program must include a program coordinator whose duties include identifying and hiring personnel to ensure
efficient program administration, and the sheriff may make subgrants to any appropriate agency for hiring
program personnel. (Section 1)
Testing Requirements
The bill requires a participant who is ordered to abstain from alcohol to be tested twice per day by mobile breath
alcohol testing. Testing must be completed in person at the sheriff's office or an alternate location designated by
the sheriff's office, approximately 12 hours apart. If a court determines that in-person testing is unreasonably
burdensome to a participant, it may instead order the participant to wear a continuous monitoring device capable
of detecting and signaling the presence of alcohol. A court may reduce the frequency of testing for alcohol
consumption to once per day for a participant who has zero adjudicated program violations for 60 consecutive
days. (Section 1)
The bill requires a participant who is ordered to abstain from controlled substances to be tested randomly, at least
twice every 7 days, with no fewer than 60 hours between tests. Testing must be completed in person at the
sheriff's office or an alternate location designated by the sheriff's office, by a method determined by the sheriff. A
court may reduce the frequency of testing for controlled substances to once per week for a participant who has
zero adjudicated program violations for 6 consecutive months. (Section 1)
Violations
Under the bill, missed tests, failed tests, and alerts by a continuous monitoring device of a positive test result are
probable cause that a participant has violated the program. The following conditions apply when there is probable
cause that a program participant has committed a violation:
The participant must be arrested at the earliest opportunity and held in county jail until he or she is taken
for an appearance before a judge, which must occur no later than 24 hours after the participant's arrest.
The participant must serve 24 hours in county jail upon a judicial finding that a participant has violated the
program, with credit for time served between the participant’s arrest and the judicial finding.
A participant must be released at the earliest possible opportunity if his or her alleged violation is not
adjudicated within 24 hours of arrest, but such release does not end the offender's participation in the
program.
Upon five adjudicated violations of program conditions, a court may discharge the participant from the
program and sentence the offender as authorized by law. A court is not precluded from modifying the
conditions of a participant's supervision, including revocation of supervision, upon any other violation of
supervision conditions. (Section 1) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Costs and Evaluation
The bill requires participants to pay all fees associated with participation in the program, but authorizes a court to
reduce or eliminate program fees for indigent participants. (Section 1)
By June 30, 2028, the bill requires the Attorney General to complete an evaluation of the program’s effectiveness
and authorizes him or her to contract with a third party to conduct any program evaluations. A report on the pilot
program must include the number of program participants, the number of program violations, and the number of
successful program completions, and be delivered to the Governor, the President of the Senate, and the Speaker of
the House of Representatives by November 30, 2028. (Section 1)
Appropriation
For fiscal year 2025-2026, the bill appropriates the nonrecurring sum of $2,500,000 to the sheriff in Hillsborough
County from the Opioid Settlement Trust Fund. The bill authorizes appropriated funds to be used for any expenses
related to establishing and administering the program through September 30, 2027, including personnel,
equipment, training and technical assistance, payments for jail space, data collection, program evaluations, and
program fees for indigent participants. (Section 2)
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill appropriates the nonrecurring sum of $2,500,000 for fiscal year 2025-2026 from the Opioid Settlement
Trust Fund to the Hillsborough County Sheriff’s Office to administer the pilot program.
LOCAL GOVERNMENT:
The bill may have an indeterminate positive impact on jail beds by requiring pilot program participants to serve
specified jail sentences for violating a condition of the program. The impact of jail admissions under the pilot
program is indeterminate due to the unknown number of participants and their current length of sentence where
violations may apply. The bill authorizes appropriated funds to be used, in part, for jail space.
PRIVATE SECTOR:
The bill may have an indeterminate positive impact on the private sector by requiring participants to pay fees
associated with testing under the program, which may include fees to private vendors for the use of alcohol and
drug monitoring devices.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Supervision
Pretrial Release
Section 907.041, F.S., provides a presumption in favor of release on nonmonetary conditions for any person who is
granted pretrial release, unless such person is charged with a dangerous crime as defined in s. 907.041(5), F.S. A
person shall be released on monetary conditions if such conditions are necessary to:
Assure the presence of the person at trial or at other proceedings;
Protect the community from risk of physical harm to persons;
Assure the presence of the accused at trial; or
Assure the integrity of the judicial process.
1
1
S. 907.041(3)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Additionally, s. 903.047(a), F.S., specifies that a defendant must refrain from criminal activity of any kind as a
condition of pretrial release, regardless of whether such release is by surety bail bond, recognizance bond, or some
other form. Under s. 903.0471, F.S., a court may, on its own motion, revoke pretrial release and order pretrial
detention if it finds probable cause to believe that the defendant committed a new crime while on pretrial release
or violated any other condition of pretrial release in a material respect.
Probation, Community Control, and Conditional Release
A court may sentence an offender to probation or community control in lieu of, or in addition to, incarceration.
2
Probation is a form of community supervision requiring specified contacts with a probation officer and other terms
and conditions,
3 including, but not limited to, a person:
Submitting to random testing as directed by his or her probation officer or the professional staff of the
treatment center where he or she is receiving treatment to determine the presence or use of alcohol or
controlled substances;
Being prohibited from using intoxicants to excess or possessing any drugs or narcotics unless prescribed
by a physician, an advanced practice registered nurse, or a physician assistant; and
Remaining away from places where intoxicants, drugs, or other dangerous substances are unlawfully sold,
dispensed, or used.
4
Community control is a more intensive form of supervision involving an individualized program that restricts an
offender’s movement within the community, home, or residential placement.
5 Several standard conditions of
probation or community control apply automatically, including requirements to report to a probation officer as
directed and to live without violating any law.
6 The court may also impose special conditions of probation or
community control as it considers proper.
7 Following incarceration, offenders who qualify under Florida’s
“Conditional Release Program Act” may be released under supervision subject to specified terms and conditions
determined by the Florida Commission on Offender Review (FCOR).
8
Violation of Probation
Generally, upon a finding that an offender violated probation or community control, the court may revoke, modify,
or continue supervision.
9 If the court chooses to revoke supervision, it may impose any sentence that was
permissible at the offender’s initial sentencing.
10 The offender is entitled to an attorney at a probation revocation
hearing, unless there has been an informed waiver.
11
Upon revocation of supervision for a felony offense, the court is bound by the sentencing guidelines under the
Criminal Punishment Code (CPC).
12 The sentencing guidelines provide a formula for computation of the lowest
permissible prison sentence, based on a number of factors such as the offender’s current and prior offenses. If an
offender’s probation is revoked and the court sentences the offender under the sentencing guidelines, the violation
of probation and any successive violations that an offender has committed are factored into the sentencing formula
as a “community sanction violation.”
13 The court must make written findings, contemporaneous with sentencing
for the revocation of supervision, to justify a downward departure and sentence an offender to less than the lowest
permissible sentence.
14
2
S. 948.01, F.S.
3
S. 948.001(8), F.S.
4
S. 948.03(1), F.S.
5
S. 948.001(3), F.S.
6
S. 948.03(1), F.S.
7
S. 948.03(2), F.S.
8
FCOR is authorized under s. 8(c), Art. IV of the State Constitution and responsible for granting and revoking parole and
investigating applications for clemency as directed by the Governor and Cabinet. S. 20.32, F.S.
9
S. 948.06(2)(b), F.S.
10
Id.
11
State v. Hicks, 478 So. 2d 22, 23 (Fla. 1985).
12
S. 921.0022, F.S.
13
S. 921.0024, F.S.
14
State v. Roman, 634 So. 2d 291 (Fla. 1st DCA 1994). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Alternative Sanctioning Program
Under s. 948.06(9), F.S., each judicial circuit must establish an alternative sanctioning program (ASP), and the chief
judge may, by administrative order, define additional sanctions or eligibility criteria and specify the process for
reporting technical violations through the ASP. Any sanctions recommended for imposition through an ASP must
be submitted to the court by the probation officer for approval before imposition.
15
The participation of a probationer or an offender on community control in an ASP is voluntary, and such
participant may waive or discontinue participation in the program at any time before the court imposes a
recommended sanction.
16
A probationer or offender on community control who commits a technical violation that is eligible for an ASP may:
Waive participation in the program, in which case the probation officer may submit a violation report,
affidavit, and warrant to the court; or
Elect to participate in the program after receiving written notice of an alleged technical violation and
disclosure of the evidence against him or her, and admit the technical violation, agree to comply with the
probation officer's recommended sanction if subsequently ordered by the court, and agree to waive the
right to:
o Be represented by legal counsel.
o Require the state to prove his or her guilt before a neutral and detached hearing body.
o Subpoena witnesses and present to a judge evidence in his or her defense.
o Confront and cross-examine adverse witnesses.
o Receive a written statement from a judge as to the evidence relied on and the reasons for the
sanction imposed.
17
Additionally, if the probationer or offender on community control admits to committing the technical violation and
agrees with the probation officer's recommended sanction, the probation officer must, before imposing the
sanction, submit the recommended sanction to the court with documentation reflecting the probationer's
admission to the technical violation and agreement with the recommended sanction.
The court may impose the recommended sanction or direct the department to submit a violation report, affidavit,
and warrant to the court.
18 If a probationer or offender on community control waives or discontinues participation
in the program or fails to successfully complete all alternative sanctions within 90 days after imposition or within
the timeframe specified in the agreed-upon sanction, the probation officer may submit a violation report, affidavit,
and warrant to the court. A prior admission by the probationer or offender on community control to a technical
violation may not be used as evidence in subsequent proceedings.
19
Violations under an ASP are classified as “low” or “moderate.” In relevant part, a “low-risk” violation includes:
A positive drug or alcohol test result.
Failure to report to the probation office.
Failure to report a change in address or other required information.
Failure to attend a required class, treatment or counseling session, or meeting.
Failure to submit to a drug or alcohol test.
A violation of curfew.
Failure to meet a monthly quota on any required probation condition, including, but not limited to, making
restitution payments, paying court costs, or completing community service hours.
Leaving the county without permission.
Failure to report a change in employment.
Associating with a person engaged in criminal activity.
15
S. 948.06(9)(a), F.S.
16
S. 948.06(9)(g), F.S.
17
S. 948.06(9)(h), F.S.
18
S. 948.06(9)(i), F.S.
19
S. 948.06(9)(j), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Any other violation as determined by administrative order of the chief judge of the circuit.
20
For a first or second “low-risk” violation within the current term of supervision, a probation officer may, in part,
offer an eligible probationer one or more of the following as an alternative sanction:
Up to 5 days in the county jail;
Up to 50 additional community service hours;
Counseling or treatment;
Support group attendance;
Drug testing;
Loss of travel or other privileges;
Curfew for up to 30 days; or
House arrest for up to 30 days.
21
Administrative Probation
Under s. 948.013, F.S., the Department of Corrections (DOC) may transfer an offender to administrative probation
if he or she presents a low risk of harm to the community and has satisfactorily completed at least half of his or her
probation term. DOC may establish procedures for transferring an offender to administrative probation, but
specified offenders are ineligible for placement on administrative probation, including individuals who were
sentenced to or serving a term of probation or community control for:
Kidnapping or false imprisonment under s. 787.01, F.S. or s. 787.02, F.S., where the victim is a minor and
the defendant is not the victim's parent;
Luring or enticing a child under s. 787.025, F.S.;
Human trafficking under s. 787.06(3)(g), F.S.;
Sexual battery under chapter 794, F.S.;
Former s. 796.03, F.S.;
Lewd or lascivious conduct against a person under 16 years of age, under s. 800.04, F.S.;
Lewd or lascivious conduct against an elderly or disabled person under s. 825.1025(2)(b), F.S.;
Sexual performance by a child or child pornography under s. 827.071, F.S.;
Obscenity under s. 847.0133, F.S.;
Online solicitation of a minor, traveling to meet a minor, or prohibited computer usage under s. 847.0135,
F.S.;
Buying or selling minors under s. 847.0145, F.S.;
Offenses related to sexual predator and sexual offender status under s. 775.21(4)(a)1.a. or b., F.S. or s.
943.0435(1)(h)1.a., F.S.
20
S. 948.06(9)(b), F.S.
21
s. 948.06(9)(e), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 17 Y, 0 N, As CS 3/26/2025 Hall Butcher
THE CHANGES ADOPTED BY THE
COMMITTEE:
Limited eligible participants for the pilot program to individuals who are
placed on probation, rather than also pretrial release or community
control.
Required a person to be explicitly advised of the program’s terms and
conditions before entering into a plea agreement that could lead to
selection for the program.
Specified that a person’s term of participation in the program must be for
the same length as the term of probation for which he or she was
sentenced, but may not exceed the expiration of the program.
Specified that participants are entitled to an attorney at any court hearing
related to the program.
Authorized a court to place a participant on administrative probation, or
terminate probation altogether, if the person successfully completes half of
his or her term of participation.
Made technical changes.
Justice Budget Subcommittee Keith Saag
Judiciary Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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