2017-107. Submit to the drawing of blood or other biological specimens as prescribed in ss. 97-234; s. 44, ch. 93-227; s. 16, ch. 2016-127. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. While enrolled in a pretrial intervention program authorized by this subsection, the participant is subject to a coordinated strategy developed by a drug court team under s. 397.334(4). Aggravated stalking under s. 784.048(3), (4), (5), or (7). 2003-63; s. 18, ch. 78-368; s. 100, ch. 2d 413, 414 (Fla. 1st DCA 2006); Padelt v. State, 793 So. Notification of status as a violent felony offender of special concern. 2010-96; s. 4, ch. 2d 199, 199 (Fla. 1st DCA 1994); Williams v. State, 896 So. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. Submit to the taking of a digitized photograph by the department as a part of the offenders records. As used in this subsection, the term nonviolent felony means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. The county jail in the county where the arrested person is booked shall ensure that state and national criminal history information and all criminal justice information available in the Florida Crime Information Center and the National Crime Information Center, is provided to the court at the time of the first appearance. 2001-55; s. 10, ch. Any entity, whether public or private, providing a pretrial substance abuse education and treatment intervention program under this subsection must contract with the county or appropriate governmental entity, and the terms of the contract must include, but need not be limited to, the requirements established for private entities under s. 948.15(3). 97-78; s. 1687, ch. 6K. Any person who is convicted of a felony or misdemeanor and who is placed on probation or into community control may be required as a condition of supervision to perform some type of community service for a tax-supported or tax-exempt entity, with the consent of such entity. 2d 433, 436 (Fla. 3d DCA 1980). Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. 97-239; s. 13, ch. 2d 618, 619 n. 1 (Fla. 2d DCA 2000); Slingbaum v. State, 751 So. 92-298; s. 4, ch. In determining the average weekly wage, unless otherwise determined by a specific funding program, all remuneration received from the employer shall be considered a gratuity, and the offender shall not be entitled to any benefits otherwise payable under s. 440.15, regardless of whether the offender may be receiving wages and remuneration from other employment with another employer and regardless of his or her future wage-earning capacity. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4) or by the veterans treatment intervention team, if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment or return the charges to the criminal docket for prosecution. Where a defendant makes reasonable efforts to comply with a condition of probation, a violation cannot be deemed willful. Jacobsen v. State, 536 So. The imposition of sentence may not be suspended and the defendant thereupon placed on probation or into community control unless the defendant is placed under the custody of the department or another public or private entity. If the offense was a controlled substance violation and the period of probation immediately follows a period of incarceration in the state correctional system, the conditions must include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the probation officer. 67-204; s. 12, ch. If the court has found that a violent felony offender of special concern poses a danger to the community, the court shall revoke probation and shall sentence the offender up to the statutory maximum, or longer if permitted by law. Evidence that the childs parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender. 2d 789 (Fla. 4th DCA 1978)). The department shall make a written determination as to the reasons for its recommendation, and shall include an evaluation of the following factors: The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision for the offender. The court shall give preference to treatment programs for which the probationer or community controllee is eligible through the United States Department of Veterans Affairs or the Florida Department of Veterans Affairs. Whether a violation is willful and substantial must be decided on a case by case basis. 2012-106; s. 14, ch. Numerous Florida Appellate decisions demonstrate the technical requirements for proving a positive drug result in the context of a probation revocation proceeding: A trial may revoke probation based solely on the testimony of a probation officer regarding a positive drug result where the officer is certified by the State to administer such tests. 99-201; s. 3, ch. A specification of community-based intermediate sentencing options to be offered and the types and number of offenders to be included in each program. 2d 15 (Fla. 4th DCA 1980). The courts shall assist the departments dissemination of critical information by creating and maintaining an automated system to provide the information as specified in this subsection and by providing the necessary technology in the courtroom to deliver the information. Effective for an offense committed on or after July 1, 1998, and before October 1, 2017, a person is ineligible for placement on administrative probation if the person is sentenced to or is serving a term of probation or community control, regardless of the conviction or adjudication, for committing, or attempting, conspiring, or soliciting to commit, any of the felony offenses described in s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victims parent; s. 787.025; s. 787.06(3)(g); chapter 794; former s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s. 847.0145. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer. s. 11, ch. The Department of Corrections may contract with local law enforcement agencies to assist in the location and apprehension of offenders who are in noncompliance as reported by the electronic monitoring system. 2017-115. 2d 160 (Fla. 2d DCA 2001). Arson or attempted arson under s. 806.01(1). 87-226; s. 30, ch. 3, 6, 7, 30, ch. Florida is the 3rd most populous, the 22 nd most extensive, and the 8th most densely populated of the 50 states of the United States. Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. Hours of Operation: 7:00 am to 5:00 pm. A violation also cannot be based solely on a probation officers testimony regarding laboratory results. The offender is otherwise qualified to participate in a postadjudicatory mental health court program under s. 394.47892(4) or a military veterans and servicemembers court program under s. 394.47891. If the court places the defendant on probation or into community control for a felony, the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s. 943.13. A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. Broward County c/o 1840 NE 65 Court, Fort Lauderdale, FL 33308 MAP IT. Confinement to an agreed-upon residence during hours away from employment and public service activities. State v. Melton, 65 So. Upon such referral, the department shall make the following report in writing at a time specified by the court prior to sentencing. 2014-4; s. 60, ch. Default and contract termination procedures. Clearwater, FL 33762 727-464-8100 Hours of Operation: 7:00 am to 5:00 pm Monday through Friday Appointments are available two Saturdays per month. A person who is charged with a nonviolent, nontraffic-related misdemeanor and identified as having a substance abuse problem or who is charged with a misdemeanor for possession of a controlled substance or drug paraphernalia under chapter 893, prostitution under s. 796.07, possession of alcohol while under 21 years of age under s. 562.111, or possession of a controlled substance without a valid prescription under s. 499.03, and who has not previously been convicted of a felony, is eligible for voluntary admission into a misdemeanor pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period based on the program requirements and the treatment plan for the offender, upon motion of either party or the courts own motion, except, if the state attorney believes the facts and circumstances of the case suggest the defendant is involved in dealing and selling controlled substances, the court shall hold a preadmission hearing. Extend the average length of supervision and commitment to a correctional program for those sentenced to community corrections programs beyond the actual time that they would have received at the state level. Mental health probation shall be supervised by officers with restricted caseloads who are sensitive to the unique needs of individuals with mental health disorders, and who will work in tandem with community mental health case managers assigned to the defendant. The original sentencing court shall relinquish jurisdiction of the defendants case to the postadjudicatory drug court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendants termination from the program for failure to comply with the terms thereof, or the defendants sentence is completed. The court may not appoint the public defender to represent an indigent offender released to the pretrial intervention program unless the offenders release is revoked and the offender is subject to imprisonment if convicted. 79-3; s. 1, ch. 2004-373; s. 7, ch. (1) "Administrative probation" means a form of no contact, nonreporting supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to this type of reduced level of supervision, as provided in s. 948.013. 2017-115. 91-225; s. 6, ch. 20519, 1941; s. 19, ch. 2016-15; s. 13, ch. 2017-37; s. 14, ch. Upon the probationer or offender being brought before it, the court that granted the probation or community control may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section. 2006-1; s. 28, ch. In Florida, probation is considered a privilege, not a right, and, as outlined by the Supreme Court, does not constitute a punitive sentence. 2006-1; s. 14, ch. The court may also impose a split sentence whereby the defendant is sentenced to a term of probation which may be followed by a period of incarceration or, with respect to a felony, into community control, as follows: If the offender meets the terms and conditions of probation or community control, any term of incarceration may be modified by court order to eliminate the term of incarceration. Upon the request of the chief judge of the circuit, the Department of Corrections shall establish a community service program for a county, which program may include, but is not limited to, any of the following types of community service: Maintenance work on any property or building owned or leased by any state, county, or municipality or any nonprofit organization or agency. 2004-373; s. 150, ch. Phone: (321) 610-9305. 53, 59, ch. The terms of the contract shall include, but not be limited to, the requirements established for private entities under s. 948.15(3). 2d 296, 298 (Fla. 3d DCA 1980); Watson v. State, 388 So. This subparagraph does not limit the departments authority to determine who shall be authorized to carry a concealed firearm while on duty, or limit the right of a correctional probation officer to carry a personal firearm approved by the department. A private entity may not provide probationary or supervision services to felony or misdemeanor offenders sentenced or placed on probation or other supervision by the circuit court. The protocol of sanctions may include, but need not be limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. Statutes, Video Broadcast Such direction must be in writing and must specify the types of specific technical violations which are to be reported by a notification letter of a technical violation, any exceptions to those violations, and the required process for submission. If such charge is not at that time admitted by the probationer or offender and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel. }); $(document).ready(function() { 97-239; s. 4, ch. P.O. endobj However, the department may not display the photograph on the website if the offender is only on pretrial intervention supervision or if the offenders identity is exempt from disclosure due to an exemption from the requirements of s. 119.07. This paragraph does not prohibit the department from making any other report or recommendation that is provided for by law or requested by the court. At a first appearance hearing for an offender who has been arrested for violating his or her probation or community control in a material respect by committing a new violation of law the court: Shall inform the person of the violation. s. 20, ch. 85-288; s. 14, ch. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program. LocationJacksonvilleOrlando Definition of Probation. 1688, 1689, ch. In Bertoloti v. State, 831 So. 83-131; s. 1683, ch. Upon the award of community corrections assistance funds, the department shall disburse one-third of the funds for provision of the services described above and shall thereafter disburse the remaining funds on a quarterly basis. 2001-48; s. 16, ch. $(document).ready(function() { This map is updated regularly by a third party, and displays many events happening in the Country in relation to the protests and riots. Subpoena witnesses and present to a judge evidence in his or her defense. s. 1, ch. Often, the defendant will be placed on a no bond status, which, in the absence of an intervening motion, will require him or her to remain in jail until bond can be requested. Inept or negligent conduct by a defendant cannot, by itself, support the willfulness prong required to make a finding of violation of probation. A probationer or community controllee who is subject to this paragraph may not be forced to relocate and does not violate his or her probation or community control if he or she is living in a residence that meets the requirements of this paragraph and a school, child care facility, park, playground, or other place where children regularly congregate is subsequently established within 1,000 feet of his or her residence. s. 26, ch. 2017-37; s. 15, ch. 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