CS/CS/CS/HB 1095 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1095-03-c3
Page 1 of 7
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 and participation in the program or place a 14
person on administrative probation under specified 15
circumstances related to the program; specifying 16
personnel requirements; authorizing subgrants for 17
personnel needs; specifying that program participation 18
does not supersede ignition interlock requirement s; 19
requiring program evaluation by a specified date; 20
requiring a report to certain officials by a specified 21
date; providing for repeal of provisions; providing 22
for pass-through of funds; specifying the use of 23
funds; providing an effective date. 24
25
CS/CS/CS/HB 1095 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1095-03-c3
Page 2 of 7
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 Hillsbo rough 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 identified 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 program 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 terms and 50
CS/CS/CS/HB 1095 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1095-03-c3
Page 3 of 7
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 Corre ctions, 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 shall 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 supervisi on. 63
(b) Participants shall attend an in -person judicial 64
hearing at which a judge shall explain to the participants all 65
program conditions and sanctions for noncompliance. Except as 66
provided in paragraph (k), a participant's term of participation 67
in the program shall be for the same length as the term of 68
probation for which he or she was sentenced, but may not exceed 69
the expiration of the program. Participants are entitled to an 70
attorney at any court hearing related to the program. A court 71
shall appoint a public defender for a participant who is 72
eligible to be represented by a public 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
CS/CS/CS/HB 1095 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1095-03-c3
Page 4 of 7
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 i n 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 particip ant may instead be 80
ordered to wear a continuous monitoring device capable 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 in 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. However, the presence of a federally approved 92
medication lawfully prescribed to a participant for the 93
treatment of a substance use disorder shall not constitute a 94
failed test or positive test result for purposes of establishing 95
probable cause under this paragraph. 96
(f) If there is probable cause that a participant has 97
committed a violation of the program , the participant shall be 98
arrested at the earliest opportunity and held in county jail 99
until an appearance before a judge which must occur no later 100
CS/CS/CS/HB 1095 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1095-03-c3
Page 5 of 7
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
than 24 hours after the participant's arrest. 101
(g) Upon a judicial finding that a participant has 102
committed a violation of the program, the participant shall be 103
ordered to serve 24 hours in county jail, with credit for time 104
served between his or her arrest and the judicial finding of a 105
violation. The court may not waive or modify any penalties 106
required under this paragraph. 107
(h) A participant who is arrested and held in custody 108
under this section whose alleged violation is not adjudicated 109
within 24 hours of his or her arrest must be released at the 110
earliest possible opportunity. Release of a participan t under 111
this paragraph does not end the offender's participation in the 112
program. 113
(i) A court may reduce the frequency of testing for 114
alcohol consumption to once per day for a participant who has 115
zero adjudicated program violations for 60 consecutive day s. 116
(j) A court may reduce the frequency of testing for 117
controlled substances to once per week for a participant who has 118
zero adjudicated program violations for 6 consecutive months. 119
(k) Upon successful completion of half the term of 120
participation, the court may place the person on administrative 121
probation pursuant to s. 948.013 for the remainder of the term 122
of supervision, or may terminate the person's probation and 123
participation in the program. 124
(l) Upon five adjudicated violations of program 125
CS/CS/CS/HB 1095 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1095-03-c3
Page 6 of 7
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, a court may discharge the participant from the 126
program and sentence the offender as authorized by law. Nothing 127
in this paragraph shall preclude a court from modifying the 128
conditions of a participant's supervision, including revocation 129
of supervision, upon any other violation of supervision 130
conditions. 131
(m) Participants shall pay all fees associated with 132
participation in the program. However, a court may reduce or 133
eliminate program fees for a participant who has been declared 134
indigent. 135
(4) The program established under this section shall 136
include a program coordinator, whose duties shall include 137
identifying and hiring personnel to ensure efficient 138
administration of the program. The sheriff of the participating 139
county may make subgrants to any appropria te agency for hiring 140
personnel under this subsection. 141
(5) A court may not order participation in the program in 142
lieu of mandatory placement of an ignition interlock device as 143
described in s. 316.193. 144
(6) By June 30, 2028, the Attorney General shall co mplete 145
an evaluation of the program's effectiveness. The Attorney 146
General shall determine the metrics to be evaluated and may 147
contract with a third party to conduct any program evaluations. 148
(7) A report on the pilot program, which must include the 149
number of program participants, the number of program 150
CS/CS/CS/HB 1095 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1095-03-c3
Page 7 of 7
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
violations, and the number of successful program completions, 151
shall be delivered to the Governor, the President of the Senate, 152
and the Speaker of the House of Representatives by November 30, 153
2028. 154
(8) This section is repealed November 30, 2028. 155
Section 2. Subject to specific appropriation, the state 156
courts system shall pass -through any funds appropriated for the 157
pilot program to the entity responsible for program design and 158
implementation. Any funds awar ded under this section must be 159
used for expenses related to establishing and administering the 160
program, including personnel, equipment, training and technical 161
assistance, payments for jail space, data collection, program 162
evaluations, and program fees for i ndigent participants. 163
Section 3. This act shall take effect July 1, 2025. 164