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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 for pass -through of funds; 22
specifying the use of funds; providing an effective 23
date. 24
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
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Section 948.22, Florida Statutes, is created to 28
read: 29
948.22 Substance Abuse Accountability Pilot Program. — 30
(1) A Substance Abuse Accountability Pilot Program is 31
established in Hillsborough county from October 1, 2025 , through 32
September 30, 2027. 33
(2) Among persons convicted of a felony or first -degree 34
misdemeanor and who are placed on probation, for which 35
abstention from alcohol or controlled substances is a condition 36
of compliance, a court shall designate a subset i dentified as 37
eligible for the program. Among this eligible pool, individuals 38
will be randomly assigned to participate in the program. All 39
persons deemed eligible shall have the same probability of 40
assignment to the program and shall participate in the prog ram 41
if assigned. No more than 150 offenders may participate in the 42
program at any one time. 43
(a) Prior to entering any plea agreement that includes a 44
term of probation and any condition of compliance that would 45
make a person eligible for the program, the person must be 46
explicitly advised that he or she may be randomly assigned to 47
participate in the program. All terms and conditions of the 48
program shall be explained to the person, and the person shall 49
acknowledge in writing that he or she understands such t erms and 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
conditions and is entering a plea freely and voluntarily. 51
(3) The sheriff of the participating county, in 52
consultation with the chief judge of the judicial circuit, the 53
state attorney, and the Department of Corrections, shall design 54
and implement the program. The sheriff may contract with a third 55
party to assist with program design and implementation. However, 56
the program established under this section must include all of 57
the following elements: 58
(a) Notwithstanding any other law, the sheriff sh all 59
manage the supervision of all participants during their 60
participation in the program. Upon discharge from the program, 61
the participants shall be managed in accordance with current law 62
for any remaining term of supervision. 63
(b) Participants shall atte nd an in-person judicial 64
hearing at which a judge shall explain to the participants all 65
program conditions and sanctions for noncompliance. A 66
participant's term of participation in the program shall be for 67
the same length as the term of probation for which he or she was 68
sentenced, but may not exceed the expiration of the program. 69
Participants are entitled to an attorney at any court hearing 70
related to the program. A court shall appoint a public defender 71
for a participant who is eligible to be represented by a public 72
defender under s. 27.51. 73
(c) A participant who is ordered to abstain from alcohol 74
shall be tested twice per day by mobile breath alcohol testing. 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
Testing shall be completed in person at the participating county 76
sheriff's office or an alternate location designated by the 77
sheriff's office, approximately 12 hours apart. However, if a 78
court determines that in -person testing is unreasonably 79
burdensome to a participant, the participant may instead be 80
ordered to wear a continuous monitoring device cap able of 81
detecting and signaling the presence of alcohol. 82
(d) A participant who is ordered to abstain from 83
controlled substances shall be tested randomly, at least twice 84
every 7 days, with no fewer than 60 hours between tests. Testing 85
shall be completed i n person at the participating county 86
sheriff's office or an alternate location designated by the 87
sheriff's office, by a method determined by the sheriff. 88
(e) A missed test, failed test, or alert by a continuous 89
monitoring device of a positive test result shall be probable 90
cause that a participant has committed a violation of the 91
program. 92
(f) If there is probable cause that a participant has 93
committed a violation of the program, the participant shall be 94
arrested at the earliest opportunity and held in c ounty jail 95
until an appearance before a judge which must occur no later 96
than 24 hours after the participant's arrest. 97
(g) Upon a judicial finding that a participant has 98
committed a violation of the program, the participant shall be 99
ordered to serve 24 hours in county jail, with credit for time 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
served between his or her arrest and the judicial finding of a 101
violation. The court may not waive or modify any penalties 102
required under this paragraph. 103
(h) A participant who is arrested and held in custody 104
under this section whose alleged violation is not adjudicated 105
within 24 hours of his or her arrest must be released at the 106
earliest possible opportunity. Release of a participant under 107
this paragraph does not end the offender's participation in the 108
program. 109
(i) A court may reduce the frequency of testing for 110
alcohol consumption to once per day for a participant who has 111
zero adjudicated program violations for 60 consecutive days. 112
(j) A court may reduce the frequency of testing for 113
controlled substances to once per week for a participant who has 114
zero adjudicated program violations for 6 consecutive months. 115
(k) Upon successful completion of half the term of 116
participation, the court may place the person on administrative 117
probation pursuant to s. 948.013 for the remainder of the term 118
of supervision, or may terminate the person's probation. 119
(l) Upon five adjudicated violation s of program 120
conditions, a court may discharge the participant from the 121
program and sentence the offender as authorized by law. Nothing 122
in this paragraph shall preclude a court from modifying the 123
conditions of a participant's supervision, including revocat ion 124
of supervision, upon any other violation of supervision 125
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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
conditions. 126
(m) Participants shall pay all fees associated with 127
participation in the program. However, a court may reduce or 128
eliminate program fees for a participant who has been declared 129
indigent. 130
(4) The program established under this section shall 131
include a program coordinator, whose duties shall include 132
identifying and hiring personnel to ensure efficient 133
administration of the program. The sheriff of the participating 134
county may make subgr ants to any appropriate agency for hiring 135
personnel under this subsection. 136
(5) A court may not order participation in the program in 137
lieu of mandatory placement of an ignition interlock device as 138
described in s. 316.193. 139
(6) By June 30, 2028, the Atto rney General shall complete 140
an evaluation of the program's effectiveness. The Attorney 141
General shall determine the metrics to be evaluated and may 142
contract with a third party to conduct any program evaluations. 143
(7) A report on the pilot program, which mu st include the 144
number of program participants, the number of program 145
violations, and the number of successful program completions, 146
shall be delivered to the Governor, the President of the Senate, 147
and the Speaker of the House of Representatives by November 30, 148
2028. 149
(8) This section is repealed November 30, 2028. 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
Section 2. Subject to specific appropriation, the state 151
courts system shall pass -through any funds appropriated for the 152
pilot program to the entity responsible for program design and 153
implementation. Any funds awarded under this section must be 154
used for expenses related to establishing and administering the 155
program, including personnel, equipment, training and technical 156
assistance, payments for jail space, data collection, program 157
evaluations, and program fees for indigent participants. 158
Section 3. This act shall take effect July 1, 2025. 159