Senate Bill 0800

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                   SB 800

    By Senator Brown-Waite





    10-173A-00

  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         948.09, F.S.; providing for a portion of the

  4         amount paid by a released offender to cover the

  5         costs of his or her supervision to be deposited

  6         into the County Reimbursement for Supervision

  7         Violations Trust Fund; providing for the trust

  8         fund to be administered by the Department of

  9         Corrections; providing for counties to be

10         reimbursed from moneys in the trust fund for

11         the costs of incarcerating offenders who are in

12         violation of the terms and conditions of

13         release or supervision; providing a contingent

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (1) of section 948.09, Florida

19  Statutes, is amended to read:

20         948.09  Payment for cost of supervision and

21  rehabilitation.--

22         (1)(a)1.  Any person ordered by the court, the

23  Department of Corrections, or the parole commission to be

24  placed on probation, drug offender probation, community

25  control, parole, control release, provisional release

26  supervision, or conditional release supervision under chapter

27  944, chapter 945, chapter 947, chapter 948, or chapter 958, or

28  in a pretrial intervention program, must, as a condition of

29  any placement, pay the department a total sum of money equal

30  to the total month or portion of a month of supervision times

31  the court-ordered amount, but not to exceed the actual per

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    Florida Senate - 2000                                   SB 800
    10-173A-00




  1  diem cost of the supervision. The department shall adopt rules

  2  by which an offender who pays in full and in advance of

  3  regular termination of supervision may receive a reduction in

  4  the amount due. The rules shall incorporate provisions by

  5  which the offender's ability to pay is linked to an

  6  established written payment plan. Funds collected from felony

  7  offenders may be used to offset costs of the Department of

  8  Corrections associated with community supervision programs,

  9  subject to appropriation by the Legislature.

10         2.  The department shall deduct $5 from the amount

11  collected from each offender under this paragraph each month.

12  This $5-per-month deduction shall be deposited into the County

13  Reimbursement for Supervision Violations Trust Fund and shall

14  be used to reimburse a county for the cost of incarcerating an

15  offender who violates the terms and conditions of his or her

16  release or supervision. The department shall administer the

17  trust fund and distribute moneys, of up to $15 per day, from

18  the trust fund to a county upon receipt by the department of

19  written documentation showing the amount expended by the

20  county for such purpose. The department shall develop a

21  uniform affidavit that provides the documentation necessary

22  for a county to apply for reimbursement from the trust fund as

23  provided in this subparagraph.

24         3.2.  In addition to any other contribution or

25  surcharge imposed by this section, each felony offender

26  assessed under this paragraph shall pay a $2-per-month

27  surcharge to the department. The surcharge shall be deemed to

28  be paid only after the full amount of any monthly payment

29  required by the established written payment plan has been

30  collected by the department. These funds shall be used by the

31  department to pay for correctional probation officers'

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    Florida Senate - 2000                                   SB 800
    10-173A-00




  1  training and equipment, including radios, and firearms

  2  training, firearms, and attendant equipment necessary to train

  3  and equip officers who choose to carry a concealed firearm

  4  while on duty. Nothing in this subparagraph shall be construed

  5  to limit the department's authority to determine who shall be

  6  authorized to carry a concealed firearm while on duty, or to

  7  limit the right of a correctional probation officer to carry a

  8  personal firearm approved by the department.

  9         (b)  Any person placed on misdemeanor probation by a

10  county court must contribute not less than $40 per month, as

11  decided by the sentencing court, to the court-approved public

12  or private entity providing misdemeanor supervision.

13         Section 2.  This act shall take effect July 1, 2000,

14  but it shall not take effect unless it is enacted by at least

15  a three-fifths vote of the membership of each house of the

16  Legislature.

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19                          SENATE SUMMARY

20    Creates the County Reimbursement for Supervision
      Violations Trust Fund within the Department of
21    Corrections. Requires that the department deduct $5 each
      month from the amount paid by released offenders who
22    remain under department supervision. Requires that the
      $5-per-month amount be deposited into the trust fund.
23    Requires that the department reimburse counties up to $15
      per day from the trust fund for the costs of
24    incarcerating offenders following a violation of the
      terms and conditions of release or supervision.
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