Senate Bill sb0472

    Florida Senate - 2002                                   SB 472

    By Senator Miller





    21-113C-02

  1                      A bill to be entitled

  2         An act relating to drug offenders; requiring

  3         that the court place certain first-time,

  4         nonviolent offenders convicted of possessing

  5         cannabis or other controlled substances into

  6         drug-offender probation; providing that the

  7         court may place a nonviolent offender into

  8         drug-offender probation or sentence the

  9         offender to a term of incarceration following a

10         second conviction of such drug possession;

11         providing for revocation of probation and

12         imposition of sentence if the offender violates

13         the terms and conditions of drug-offender

14         probation; providing an 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.  Certain nonviolent drug offenders sentenced

19  to drug-offender probation.--

20         (1)(a)  If a nonviolent offender is convicted a first

21  time of possessing cannabis or possessing not more than 10

22  grams of any other controlled substance specified in section

23  893.03, Florida Statutes, the court shall place the offender

24  on drug-offender probation as provided in section 948.01,

25  Florida Statutes. The period of probation shall be determined

26  by the court, with the advice of the treatment facility.

27         (b)  If a nonviolent offender is convicted a second

28  time of possessing cannabis or possessing not more than 10

29  grams of any other controlled substance specified in section

30  893.03, Florida Statutes, the court may place the offender on

31  drug-offender probation as provided in section 948.01, Florida

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    Florida Senate - 2002                                   SB 472
    21-113C-02




  1  Statutes, or the court may sentence the offender to a term of

  2  incarceration as otherwise provided by law.

  3         (2)  An offender placed on drug-offender probation is

  4  subject to revocation of probation, as provided in section

  5  948.06, Florida Statutes, and the court may impose any

  6  sentence that it could have imposed at the time the offender

  7  was placed on drug-offender probation.

  8         Section 2.  This act shall take effect July 1, 2002.

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11                          SENATE SUMMARY

12    Requires that the court place a nonviolent offender into
      drug-offender probation if the offender is convicted a
13    first time of possessing cannabis or not more than 10
      grams of any other controlled substance. If a nonviolent
14    offender is convicted of such drug possession a second
      time, authorizes the court to place the offender in
15    drug-offender probation or sentence the offender to a
      term of incarceration. Provides for revocation of
16    probation and imposition of sentence if the offender
      violates the terms and conditions of drug-offender
17    probation.

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