| 9 | 9 | | Page 1 of 7 |
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| 10 | 10 | | 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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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to criminal offender substance abuse 2 |
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| 16 | 16 | | pilot program; creating s. 948.22, F.S.; creating a 3 |
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| 17 | 17 | | substance abuse accountability pilot program in a 4 |
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| 18 | 18 | | specified county; providing for eligibility for the 5 |
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| 19 | 19 | | program; specifying that eligible participants shall 6 |
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| 20 | 20 | | be advised of the program before entering a plea; 7 |
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| 21 | 21 | | providing for design and implementation of the program 8 |
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| 22 | 22 | | in the county; specifying how long a person ma y 9 |
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| 23 | 23 | | participate in the program; providing that 10 |
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| 24 | 24 | | participants are entitled to an attorney at any court 11 |
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| 25 | 25 | | hearing related to the program; providing requirements 12 |
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| 26 | 26 | | for the program; authorizing a court to terminate 13 |
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| 27 | | - | probation and participation in the program or place a 14 |
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| 28 | | - | person on administrative probation under specified 15 |
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| 29 | | - | circumstances related to the program; specifying 16 |
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| 30 | | - | personnel requirements; authorizing subgrants for 17 |
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| 31 | | - | personnel needs; specifying that program participation 18 |
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| 32 | | - | does not supersede ignition interlock requirement s; 19 |
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| 33 | | - | requiring program evaluation by a specified date; 20 |
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| 34 | | - | requiring a report to certain officials by a specified 21 |
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| 35 | | - | date; providing for repeal of provisions; providing 22 |
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| 36 | | - | for pass-through of funds; specifying the use of 23 |
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| 37 | | - | funds; providing an effective date. 24 |
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| 27 | + | probation or place a person on administrative 14 |
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| 28 | + | probation under specified circumstances related to the 15 |
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| 29 | + | program; specifying personnel requirements; 16 |
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| 30 | + | authorizing subgrants for personnel needs; specifying 17 |
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| 31 | + | that program participation does not supersede ignition 18 |
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| 32 | + | interlock requirements; requiring program evaluation 19 |
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| 33 | + | by a specified date; requiring a report to certain 20 |
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| 34 | + | officials by a specified date; providing for repeal of 21 |
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| 35 | + | provisions; providing for pass -through of funds; 22 |
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| 36 | + | specifying the use of funds; providing an effective 23 |
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| 37 | + | date. 24 |
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| 46 | 46 | | Page 2 of 7 |
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| 47 | 47 | | 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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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | Be It Enacted by the Legislature of the State of Florida: 26 |
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| 52 | 52 | | 27 |
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| 53 | 53 | | Section 1. Section 948.22, Florida Statutes, is created to 28 |
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| 54 | 54 | | read: 29 |
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| 55 | 55 | | 948.22 Substance Abuse Accountability Pilot Program. — 30 |
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| 56 | 56 | | (1) A Substance Abuse Accountability Pilot Program is 31 |
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| 57 | 57 | | established in Hillsborough county from October 1, 2025 , through 32 |
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| 58 | 58 | | September 30, 2027. 33 |
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| 59 | 59 | | (2) Among persons convicted of a felony or first -degree 34 |
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| 60 | 60 | | misdemeanor and who are placed on probation, for which 35 |
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| 61 | 61 | | abstention from alcohol or controlled substances is a condition 36 |
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| 62 | 62 | | of compliance, a court shall designate a subset i dentified as 37 |
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| 63 | 63 | | eligible for the program. Among this eligible pool, individuals 38 |
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| 64 | 64 | | will be randomly assigned to participate in the program. All 39 |
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| 65 | 65 | | persons deemed eligible shall have the same probability of 40 |
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| 66 | 66 | | assignment to the program and shall participate in the prog ram 41 |
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| 67 | 67 | | if assigned. No more than 150 offenders may participate in the 42 |
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| 68 | 68 | | program at any one time. 43 |
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| 69 | 69 | | (a) Prior to entering any plea agreement that includes a 44 |
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| 70 | 70 | | term of probation and any condition of compliance that would 45 |
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| 71 | 71 | | make a person eligible for the program, the person must be 46 |
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| 72 | 72 | | explicitly advised that he or she may be randomly assigned to 47 |
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| 73 | 73 | | participate in the program. All terms and conditions of the 48 |
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| 74 | 74 | | program shall be explained to the person, and the person shall 49 |
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| 75 | 75 | | acknowledge in writing that he or she understands such t erms and 50 |
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| 76 | 76 | | |
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| 83 | 83 | | Page 3 of 7 |
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| 84 | 84 | | 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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| 86 | 86 | | |
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| 87 | 87 | | |
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| 88 | 88 | | conditions and is entering a plea freely and voluntarily. 51 |
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| 89 | 89 | | (3) The sheriff of the participating county, in 52 |
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| 90 | 90 | | consultation with the chief judge of the judicial circuit, the 53 |
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| 91 | 91 | | state attorney, and the Department of Corrections, shall design 54 |
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| 92 | 92 | | and implement the program. The sheriff may contract with a third 55 |
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| 93 | 93 | | party to assist with program design and implementation. However, 56 |
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| 94 | 94 | | the program established under this section must include all of 57 |
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| 95 | 95 | | the following elements: 58 |
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| 96 | 96 | | (a) Notwithstanding any other law, the sheriff sh all 59 |
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| 97 | 97 | | manage the supervision of all participants during their 60 |
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| 98 | 98 | | participation in the program. Upon discharge from the program, 61 |
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| 99 | 99 | | the participants shall be managed in accordance with current law 62 |
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| 100 | 100 | | for any remaining term of supervision. 63 |
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| 101 | 101 | | (b) Participants shall atte nd an in-person judicial 64 |
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| 102 | 102 | | hearing at which a judge shall explain to the participants all 65 |
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| 103 | | - | program conditions and sanctions for noncompliance. Except as 66 |
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| 104 | | - | provided in paragraph (k), a participant's term of participation 67 |
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| 105 | | - | in the program shall be for the same length as the term of 68 |
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| 106 | | - | probation for which he or she was sentenced, but may not exceed 69 |
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| 107 | | - | the expiration of the program. Participants are entitled to an 70 |
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| 108 | | - | attorney at any court hearing related to the program. A court 71 |
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| 109 | | - | shall appoint a public defender for a participant who is 72 |
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| 110 | | - | eligible to be represented by a public defender under s. 27.51. 73 |
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| 103 | + | program conditions and sanctions for noncompliance. A 66 |
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| 104 | + | participant's term of participation in the program shall be for 67 |
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| 105 | + | the same length as the term of probation for which he or she was 68 |
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| 106 | + | sentenced, but may not exceed the expiration of the program. 69 |
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| 107 | + | Participants are entitled to an attorney at any court hearing 70 |
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| 108 | + | related to the program. A court shall appoint a public defender 71 |
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| 109 | + | for a participant who is eligible to be represented by a public 72 |
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| 110 | + | defender under s. 27.51. 73 |
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| 120 | 120 | | Page 4 of 7 |
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| 121 | 121 | | 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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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | Testing shall be completed in person at the participating county 76 |
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| 126 | 126 | | sheriff's office or an alternate location designated by the 77 |
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| 127 | 127 | | sheriff's office, approximately 12 hours apart. However, if a 78 |
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| 128 | 128 | | court determines that in -person testing is unreasonably 79 |
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| 129 | 129 | | burdensome to a participant, the participant may instead be 80 |
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| 130 | 130 | | ordered to wear a continuous monitoring device cap able of 81 |
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| 131 | 131 | | detecting and signaling the presence of alcohol. 82 |
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| 132 | 132 | | (d) A participant who is ordered to abstain from 83 |
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| 133 | 133 | | controlled substances shall be tested randomly, at least twice 84 |
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| 134 | 134 | | every 7 days, with no fewer than 60 hours between tests. Testing 85 |
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| 135 | 135 | | shall be completed i n person at the participating county 86 |
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| 136 | 136 | | sheriff's office or an alternate location designated by the 87 |
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| 137 | 137 | | sheriff's office, by a method determined by the sheriff. 88 |
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| 138 | 138 | | (e) A missed test, failed test, or alert by a continuous 89 |
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| 139 | 139 | | monitoring device of a positive test result shall be probable 90 |
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| 140 | 140 | | cause that a participant has committed a violation of the 91 |
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| 141 | | - | program. However, the presence of a federally approved 92 |
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| 142 | | - | medication lawfully prescribed to a participant for the 93 |
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| 143 | | - | treatment of a substance use disorder shall not constitute a 94 |
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| 144 | | - | failed test or positive test result for purposes of establishing 95 |
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| 145 | | - | probable cause under this paragraph. 96 |
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| 146 | | - | (f) If there is probable cause that a participant has 97 |
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| 147 | | - | committed a violation of the program , the participant shall be 98 |
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| 148 | | - | arrested at the earliest opportunity and held in county jail 99 |
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| 149 | | - | until an appearance before a judge which must occur no later 100 |
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| 141 | + | program. 92 |
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| 142 | + | (f) If there is probable cause that a participant has 93 |
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| 143 | + | committed a violation of the program, the participant shall be 94 |
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| 144 | + | arrested at the earliest opportunity and held in c ounty jail 95 |
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| 145 | + | until an appearance before a judge which must occur no later 96 |
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| 146 | + | than 24 hours after the participant's arrest. 97 |
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| 147 | + | (g) Upon a judicial finding that a participant has 98 |
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| 148 | + | committed a violation of the program, the participant shall be 99 |
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| 149 | + | ordered to serve 24 hours in county jail, with credit for time 100 |
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| 162 | | - | than 24 hours after the participant's arrest. 101 |
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| 163 | | - | (g) Upon a judicial finding that a participant has 102 |
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| 164 | | - | committed a violation of the program, the participant shall be 103 |
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| 165 | | - | ordered to serve 24 hours in county jail, with credit for time 104 |
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| 166 | | - | served between his or her arrest and the judicial finding of a 105 |
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| 167 | | - | violation. The court may not waive or modify any penalties 106 |
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| 168 | | - | required under this paragraph. 107 |
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| 169 | | - | (h) A participant who is arrested and held in custody 108 |
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| 170 | | - | under this section whose alleged violation is not adjudicated 109 |
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| 171 | | - | within 24 hours of his or her arrest must be released at the 110 |
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| 172 | | - | earliest possible opportunity. Release of a participan t under 111 |
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| 173 | | - | this paragraph does not end the offender's participation in the 112 |
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| 174 | | - | program. 113 |
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| 175 | | - | (i) A court may reduce the frequency of testing for 114 |
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| 176 | | - | alcohol consumption to once per day for a participant who has 115 |
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| 177 | | - | zero adjudicated program violations for 60 consecutive day s. 116 |
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| 178 | | - | (j) A court may reduce the frequency of testing for 117 |
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| 179 | | - | controlled substances to once per week for a participant who has 118 |
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| 180 | | - | zero adjudicated program violations for 6 consecutive months. 119 |
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| 181 | | - | (k) Upon successful completion of half the term of 120 |
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| 182 | | - | participation, the court may place the person on administrative 121 |
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| 183 | | - | probation pursuant to s. 948.013 for the remainder of the term 122 |
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| 184 | | - | of supervision, or may terminate the person's probation and 123 |
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| 185 | | - | participation in the program. 124 |
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| 186 | | - | (l) Upon five adjudicated violations of program 125 |
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| 162 | + | served between his or her arrest and the judicial finding of a 101 |
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| 163 | + | violation. The court may not waive or modify any penalties 102 |
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| 164 | + | required under this paragraph. 103 |
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| 165 | + | (h) A participant who is arrested and held in custody 104 |
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| 166 | + | under this section whose alleged violation is not adjudicated 105 |
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| 167 | + | within 24 hours of his or her arrest must be released at the 106 |
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| 168 | + | earliest possible opportunity. Release of a participant under 107 |
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| 169 | + | this paragraph does not end the offender's participation in the 108 |
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| 170 | + | program. 109 |
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| 171 | + | (i) A court may reduce the frequency of testing for 110 |
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| 172 | + | alcohol consumption to once per day for a participant who has 111 |
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| 173 | + | zero adjudicated program violations for 60 consecutive days. 112 |
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| 174 | + | (j) A court may reduce the frequency of testing for 113 |
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| 175 | + | controlled substances to once per week for a participant who has 114 |
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| 176 | + | zero adjudicated program violations for 6 consecutive months. 115 |
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| 177 | + | (k) Upon successful completion of half the term of 116 |
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| 178 | + | participation, the court may place the person on administrative 117 |
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| 179 | + | probation pursuant to s. 948.013 for the remainder of the term 118 |
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| 180 | + | of supervision, or may terminate the person's probation. 119 |
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| 181 | + | (l) Upon five adjudicated violation s of program 120 |
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| 182 | + | conditions, a court may discharge the participant from the 121 |
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| 183 | + | program and sentence the offender as authorized by law. Nothing 122 |
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| 184 | + | in this paragraph shall preclude a court from modifying the 123 |
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| 185 | + | conditions of a participant's supervision, including revocat ion 124 |
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| 186 | + | of supervision, upon any other violation of supervision 125 |
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| 199 | | - | conditions, a court may discharge the participant from the 126 |
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| 200 | | - | program and sentence the offender as authorized by law. Nothing 127 |
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| 201 | | - | in this paragraph shall preclude a court from modifying the 128 |
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| 202 | | - | conditions of a participant's supervision, including revocation 129 |
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| 203 | | - | of supervision, upon any other violation of supervision 130 |
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| 204 | | - | conditions. 131 |
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| 205 | | - | (m) Participants shall pay all fees associated with 132 |
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| 206 | | - | participation in the program. However, a court may reduce or 133 |
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| 207 | | - | eliminate program fees for a participant who has been declared 134 |
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| 208 | | - | indigent. 135 |
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| 209 | | - | (4) The program established under this section shall 136 |
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| 210 | | - | include a program coordinator, whose duties shall include 137 |
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| 211 | | - | identifying and hiring personnel to ensure efficient 138 |
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| 212 | | - | administration of the program. The sheriff of the participating 139 |
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| 213 | | - | county may make subgrants to any appropria te agency for hiring 140 |
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| 214 | | - | personnel under this subsection. 141 |
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| 215 | | - | (5) A court may not order participation in the program in 142 |
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| 216 | | - | lieu of mandatory placement of an ignition interlock device as 143 |
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| 217 | | - | described in s. 316.193. 144 |
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| 218 | | - | (6) By June 30, 2028, the Attorney General shall co mplete 145 |
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| 219 | | - | an evaluation of the program's effectiveness. The Attorney 146 |
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| 220 | | - | General shall determine the metrics to be evaluated and may 147 |
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| 221 | | - | contract with a third party to conduct any program evaluations. 148 |
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| 222 | | - | (7) A report on the pilot program, which must include the 149 |
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| 223 | | - | number of program participants, the number of program 150 |
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| 199 | + | conditions. 126 |
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| 200 | + | (m) Participants shall pay all fees associated with 127 |
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| 201 | + | participation in the program. However, a court may reduce or 128 |
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| 202 | + | eliminate program fees for a participant who has been declared 129 |
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| 203 | + | indigent. 130 |
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| 204 | + | (4) The program established under this section shall 131 |
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| 205 | + | include a program coordinator, whose duties shall include 132 |
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| 206 | + | identifying and hiring personnel to ensure efficient 133 |
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| 207 | + | administration of the program. The sheriff of the participating 134 |
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| 208 | + | county may make subgr ants to any appropriate agency for hiring 135 |
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| 209 | + | personnel under this subsection. 136 |
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| 210 | + | (5) A court may not order participation in the program in 137 |
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| 211 | + | lieu of mandatory placement of an ignition interlock device as 138 |
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| 212 | + | described in s. 316.193. 139 |
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| 213 | + | (6) By June 30, 2028, the Atto rney General shall complete 140 |
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| 214 | + | an evaluation of the program's effectiveness. The Attorney 141 |
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| 215 | + | General shall determine the metrics to be evaluated and may 142 |
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| 216 | + | contract with a third party to conduct any program evaluations. 143 |
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| 217 | + | (7) A report on the pilot program, which mu st include the 144 |
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| 218 | + | number of program participants, the number of program 145 |
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| 219 | + | violations, and the number of successful program completions, 146 |
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| 220 | + | shall be delivered to the Governor, the President of the Senate, 147 |
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| 221 | + | and the Speaker of the House of Representatives by November 30, 148 |
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| 222 | + | 2028. 149 |
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| 223 | + | (8) This section is repealed November 30, 2028. 150 |
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| 236 | | - | violations, and the number of successful program completions, 151 |
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| 237 | | - | shall be delivered to the Governor, the President of the Senate, 152 |
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| 238 | | - | and the Speaker of the House of Representatives by November 30, 153 |
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| 239 | | - | 2028. 154 |
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| 240 | | - | (8) This section is repealed November 30, 2028. 155 |
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| 241 | | - | Section 2. Subject to specific appropriation, the state 156 |
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| 242 | | - | courts system shall pass -through any funds appropriated for the 157 |
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| 243 | | - | pilot program to the entity responsible for program design and 158 |
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| 244 | | - | implementation. Any funds awar ded under this section must be 159 |
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| 245 | | - | used for expenses related to establishing and administering the 160 |
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| 246 | | - | program, including personnel, equipment, training and technical 161 |
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| 247 | | - | assistance, payments for jail space, data collection, program 162 |
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| 248 | | - | evaluations, and program fees for i ndigent participants. 163 |
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| 249 | | - | Section 3. This act shall take effect July 1, 2025. 164 |
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| 236 | + | Section 2. Subject to specific appropriation, the state 151 |
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| 237 | + | courts system shall pass -through any funds appropriated for the 152 |
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| 238 | + | pilot program to the entity responsible for program design and 153 |
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| 239 | + | implementation. Any funds awarded under this section must be 154 |
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| 240 | + | used for expenses related to establishing and administering the 155 |
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| 241 | + | program, including personnel, equipment, training and technical 156 |
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| 242 | + | assistance, payments for jail space, data collection, program 157 |
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| 243 | + | evaluations, and program fees for indigent participants. 158 |
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| 244 | + | Section 3. This act shall take effect July 1, 2025. 159 |
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