HB 2001

1	A bill to be entitled
2	An act relating to probation and community control;
3	amending s. 948.001, F.S.; revising provisions related to
4	administrative probation; amending s. 948.01, F.S.;
5	correcting a cross reference; transferring and renumbering
6	provisions governing probation and community control as s.
7	948.10(10), F.S.; transferring and renumbering provisions
8	authorizing a split sentence of probation or community
9	control and imprisonment as s. 948.012(1), F.S.; amending
10	s. 948.01, F.S.; prohibiting a private entity from
11	providing probation or supervision services to certain
12	offenders; transferring and renumbering provisions
13	relating to violations of community control as s.
14	948.10(9), F.S.; transferring and renumbering provisions
15	restricting the placement of certain offenders into
16	community control as s. 948.10(2), F.S.; transferring and
17	renumbering provisions authorizing split sentencing as s.
18	948.012(2) and (3), F.S.; deleting a cross reference, to
19	conform; transferring and renumbering provisions relating
20	to drug offender probation as s. 948.20, F.S.;
21	transferring and renumbering provisions governing
22	community control and criminal quarantine community
23	control as s. 948.101(3), F.S.; transferring and
24	renumbering provisions relating to administrative
25	probation as s. 948.013(2), F.S.; amending s. 948.011,
26	F.S.; clarifying circumstances under which the court may
27	impose a fine or place an offender on probation or
28	community control; amending s. 948.03, F.S., as amended by
29	ch. 2003-402, Laws of Florida; conforming cross
30	references; deleting references to community control;
31	providing for submission of blood or other biological
32	specimens as a standard condition of probation;
33	transferring and renumbering provisions relating to
34	intensive supervision and surveillance as s. 948.101(1)(a)
35	and (b), F.S.; authorizing the court to impose additional
36	terms or conditions of community control; providing
37	limitations; amending, transferring, and renumbering
38	provisions governing electronic monitoring as s. 948.11(1)
39	through (4), F.S.; requiring persons who are being
40	electronically monitored to pay a surcharge; transferring
41	and renumbering provisions governing the diagnosis,
42	evaluation, and treatment of certain sex offenders as s.
43	948.31, F.S.; transferring and renumbering provisions
44	governing additional terms and conditions of probation or
45	community control for certain sex offenses as s. 948.30,
46	F.S.; clarifying a requirement for submitting blood and
47	other specimens; transferring and renumbering provisions
48	relating to residential treatment as s. 948.035, F.S.;
49	deleting obsolete references; transferring and renumbering
50	provisions relating to work programs as s. 948.036, F.S.;
51	transferring and renumbering provisions relating to
52	education and learning as a condition of probation or
53	community control as s. 948.037, F.S.; transferring and
54	renumbering provisions relating to the submission of blood
55	specimens as s. 948.014, F.S.; providing for the
56	submission of other biological specimens; transferring and
57	renumbering provisions relating to a batterers'
58	intervention program as s. 948.038, F.S.; deleting an
59	obsolete reference; creating s. 948.039, F.S.; authorizing
60	the court to impose special terms and conditions of
61	probation or community control, including requiring the
62	offender to attend an HIV/AIDS awareness program and pay
63	certain costs; amending s. 948.06, F.S., relating to
64	procedures following an arrest of an offender for a
65	violation of probation or community control; transferring
66	and renumbering provisions relating to the arrest of
67	persons for certain sex offenses as s. 948.32, F.S.;
68	amending s. 948.09, F.S.; requiring an offender under
69	addiction-recovery supervision to pay the cost of
70	supervision; amending s. 948.10, F.S.; correcting a cross
71	reference; amending ss. 948.04, 440.02, 775.21, 812.0155,
72	921.0017, 921.187, 947.23, and 958.14, F.S.; revising
73	cross references, to conform; reenacting ss.
74	944.4731(2)(b) and (7)(b), 948.01(8), and 948.06(5), F.S.,
75	relating to the Addiction-Recovery Supervision Program,
76	when the court may place a defendant on probation or into
77	community control, and violations of probation or
78	community control, respectively, for the purpose of
79	incorporating the amendment to s. 948.09, F.S., in
80	references thereto; reenacting s. 947.1747, F.S., relating
81	to community control as a special condition of parole, for
82	the purpose of incorporating the amendment to s. 948.10,
83	F.S., in a reference thereto; providing an effective date.
84
85	Be It Enacted by the Legislature of the State of Florida:
86
87	Section 1.  Subsection (1) of section 948.001, Florida
88	Statutes, is amended to read:
89	948.001  Definitions.--As used in this chapter, the term:
90	(1)  "Administrative probation" means a form of noncontact
91	supervision in which an offender who presents a low risk of harm
92	to the community may, upon satisfactory completion of half the
93	term of probation, be transferred placed by the Department of
94	Corrections to on nonreporting status until expiration of the
95	term of supervision. The department is authorized to collect an
96	initial processing fee of up to $50 for each probationer reduced
97	to administrative probation.  Such offender is exempt from
98	further payment for cost of supervision as required in s.
99	948.09.
100	Section 2.  Paragraph (c) of subsection (3) of section
101	948.01, Florida Statutes, is amended, subsection (7) is
102	renumbered as subsection (5) and amended, and subsection (8) is
103	renumbered as subsection (6) of said section, to read:
104	948.01  When court may place defendant on probation or into
105	community control.--
106	(3)  If, after considering the provisions of subsection (2)
107	and the offender's prior record or the seriousness of the
108	offense, it appears to the court in the case of a felony
109	disposition that probation is an unsuitable dispositional
110	alternative to imprisonment, the court may place the offender in
111	a community control program as provided in s. 948.10. Or, in a
112	case of prior disposition of a felony commitment, upon motion of
113	the offender or the department or upon its own motion, the court
114	may, within the period of its retained jurisdiction following
115	commitment, suspend the further execution of the disposition and
116	place the offender in a community control program upon such
117	terms as the court may require. The court may consult with a
118	local offender advisory council pursuant to s. 948.90 with
119	respect to the placement of an offender into community control.
120	Not later than 3 working days before the hearing on the motion,
121	the department shall forward to the court all relevant material
122	on the offender's progress while in custody.  If this sentencing
123	alternative to incarceration is utilized, the court shall:
124	(c)  Require the department to provide notifications
125	pursuant to s. 948.10(7)(6).
126	(5)(7)  In no case shall The imposition of sentence may not
127	be suspended and the defendant thereupon placed on probation or
128	into community control unless the such defendant is placed under
129	the custody of the department or another public or private
130	entity. A private entity may not provide probationary or
131	supervision services to felony or misdemeanor offenders
132	sentenced or placed on probation or other supervision by the
133	circuit court.
134	(6)(8)  When the court, under any of the foregoing
135	subsections, places a defendant on probation or into community
136	control, it may specify that the defendant serve all or part of
137	the probationary or community control period in a community
138	residential or nonresidential facility under the jurisdiction of
139	the Department of Corrections or the Department of Children and
140	Family Services or any public or private entity providing such
141	services, and it shall require the payment prescribed in s.
142	948.09.
143	Section 3.  Subsection (8) of section 948.10, Florida
144	Statutes, is renumbered as subsection (11), and subsection (5)
145	of section 948.01, Florida Statutes, is transferred and
146	renumbered as subsection (10) of section 948.10, Florida
147	Statutes.
148	Section 4.  Subsection (12) of section 948.01, Florida
149	Statutes, is amended, transferred, and renumbered as subsection
150	(3) of section 948.012, Florida Statutes, and subsections (6)
151	and (11) of section 948.01, Florida Statutes, are transferred
152	and renumbered, respectively, as subsections (1) and (2) of
153	section 948.012, Florida Statutes, which is created to read:
154	948.012  Split sentence of probation or community control
155	and imprisonment.--
156	(1)(6)  Whenever punishment by imprisonment for a
157	misdemeanor or a felony, except for a capital felony, is
158	prescribed, the court, in its discretion, may, at the time of
159	sentencing, impose a split sentence whereby the defendant is to
160	be placed on probation or, with respect to any such felony, into
161	community control upon completion of any specified period of
162	such sentence which may include a term of years or less.  In
163	such case, the court shall stay and withhold the imposition of
164	the remainder of sentence imposed upon the defendant and direct
165	that the defendant be placed upon probation or into community
166	control after serving such period as may be imposed by the
167	court.  The period of probation or community control shall
168	commence immediately upon the release of the defendant from
169	incarceration, whether by parole or gain-time allowances.
170	(2)(11)  The court may also impose a split sentence whereby
171	the defendant is sentenced to a term of probation which may be
172	followed by a period of incarceration or, with respect to a
173	felony, into community control, as follows:
174	(a)  If the offender meets the terms and conditions of
175	probation or community control, any term of incarceration may be
176	modified by court order to eliminate the term of incarceration.
177	(b)  If the offender does not meet the terms and conditions
178	of probation or community control, the court may revoke, modify,
179	or continue the probation or community control as provided in s.
180	948.06. If the probation or community control is revoked, the
181	court may impose any sentence that it could have imposed at the
182	time the offender was placed on probation or community control.
183	The court may not provide credit for time served for any portion
184	of a probation or community control term toward a subsequent
185	term of probation or community control. However, the court may
186	not impose a subsequent term of probation or community control
187	which, when combined with any amount of time served on preceding
188	terms of probation or community control for offenses pending
189	before the court for sentencing, would exceed the maximum
190	penalty allowable as provided in s. 775.082. Such term of
191	incarceration shall be served under applicable law or county
192	ordinance governing service of sentences in state or county
193	jurisdiction. This paragraph does not prohibit any other
194	sanction provided by law.
195	(3)(12)  The court may also impose split probation whereby,
196	upon satisfactory completion of half the term of probation, the
197	Department of Corrections may place the offender on
198	administrative probation as defined in s. 948.001 for the
199	remainder of the term of supervision.
200	Section 5.  Subsection (9) of section 948.10, Florida
201	Statutes, is renumbered as subsection (12), and subsection (9)
202	of section 948.01, Florida Statutes, is transferred and
203	renumbered as subsection (9) of section 948.10, Florida
204	Statutes.
205	Section 6.  Subsections (2) through (6) of section 948.10,
206	Florida Statutes, are renumbered as subsections (3) through (7),
207	respectively, subsection (7) of said section is renumbered as
208	subsection (8) and amended, and subsection (10) of section
209	948.01, Florida Statutes, is transferred and renumbered as
210	subsection (2) of section 948.10, Florida Statutes, to read:
211	948.10  Community control programs.--
212	(2)(10)  An offender may not be placed in community control
213	if:
214	(a)  Convicted of or adjudication withheld for a forcible
215	felony as defined in s. 776.08, and
216	(b)  Previously convicted of or adjudication withheld for a
217	forcible felony as defined in s. 776.08.
218
219	Nothing in this subsection prohibits placement of certain
220	inmates on community control pursuant to s. 947.1747.  For the
221	purposes of this subsection, a forcible felony does not include
222	manslaughter or burglary.
223	(8)(7)  If an offender is sentenced to community control by
224	the court and the offender is ineligible to be placed on
225	community control as provided in subsection (2) s. 948.01(10),
226	the department shall:
227	(a)  Review and verify whether an ineligible offender was
228	placed on community control.
229	(b)  Within 30 days after receipt of the order, notify the
230	sentencing judge, the state attorney, and the Attorney General
231	that the offender was ineligible for placement on community
232	control.
233	(c)  Provide a quarterly report to the chief judge and the
234	state attorney of each circuit citing the number of ineligible
235	offenders placed on community control within that circuit.
236	(d)  Provide an annual report to the Governor, the
237	President of the Senate, the Speaker of the House of
238	Representatives, and the Chief Justice of the Supreme Court on
239	the placement of ineligible offenders on community control in
240	order to assist in preparing judicial education programs or for
241	any other purpose.
242	Section 7.  Subsection (13) of section 948.01, Florida
243	Statutes, is amended, transferred, and renumbered as section
244	948.20, Florida Statutes, which is created to read:
245	948.20  Drug offender probation.--
246	(13)  If it appears to the court upon a hearing that the
247	defendant is a chronic substance abuser whose criminal conduct
248	is a violation of s. 893.13(2)(a) or (6)(a), the court may
249	either adjudge the defendant guilty or stay and withhold the
250	adjudication of guilt; and, in either case, it may stay and
251	withhold the imposition of sentence and place the defendant on
252	drug offender probation.
253	(1)(a)  The Department of Corrections shall develop and
254	administer a drug offender probation program which emphasizes a
255	combination of treatment and intensive community supervision
256	approaches and which includes provision for supervision of
257	offenders in accordance with a specific treatment plan. The
258	program may include the use of graduated sanctions consistent
259	with the conditions imposed by the court. Drug offender
260	probation status shall include surveillance and random drug
261	testing, and may include those measures normally associated with
262	community control, except that specific treatment conditions and
263	other treatment approaches necessary to monitor this population
264	may be ordered.
265	(2)(b)  Offenders placed on drug offender probation are
266	subject to revocation of probation as provided in s. 948.06.
267	Section 8.  Subsection (2) of section 948.03, Florida
268	Statutes, is amended, transferred, and redesignated as
269	paragraphs (a) and (b) of subsection (1) of section 948.101,
270	Florida Statutes, and subsection (14) of section 948.01, Florida
271	Statutes, is transferred and renumbered as subsection (3) of
272	section 948.101, Florida Statutes, which is created to read:
273	948.101  Terms and conditions of community control and
274	criminal quarantine community control.--
275	(1)  The court shall determine the terms and conditions of
276	community control. Conditions specified in this subsection do
277	not require oral pronouncement at the time of sentencing and may
278	be considered standard conditions of community control.
279	(2)(a)  The court shall require intensive supervision and
280	surveillance for an offender placed into community control,
281	which may include but is not limited to:
282	1.  Specified contact with the parole and probation
283	officer.
284	2.  Confinement to an agreed-upon residence during hours
285	away from employment and public service activities.
286	3.  Mandatory public service.
287	4.  Supervision by the Department of Corrections by means
288	of an electronic monitoring device or system.
289	5.  The standard conditions of probation set forth in s.
290	948.03.
291	(b)  For an offender placed on criminal quarantine
292	community control, the court shall require:
293	1.  Electronic monitoring 24 hours per day.
294	2.  Confinement to a designated residence during designated
295	hours.
296	(2)  The enumeration of specific kinds of terms and
297	conditions does not prevent the court from adding thereto any
298	other terms or conditions that the court considers proper.
299	However, the sentencing court may only impose a condition of
300	supervision allowing an offender convicted under s. 794.011, s.
301	800.04, s. 827.071, or s. 847.0145 to reside in another state if
302	the order stipulates that it is contingent upon the approval of
303	the receiving state's interstate compact authority. The court
304	may rescind or modify at any time the terms and conditions
305	theretofore imposed by it upon the offender in community
306	control. However, if the court withholds adjudication of guilt
307	or imposes a period of incarceration as a condition of community
308	control, the period may not exceed 364 days, and incarceration
309	shall be restricted to a county facility, a probation and
310	restitution center under the jurisdiction of the Department of
311	Corrections, a probation program drug punishment phase I secure
312	residential treatment institution, or a community residential
313	facility owned or operated by any entity providing such
314	services.
315	(3)(14)  The court may place a defendant who is being
316	sentenced for criminal transmission of HIV in violation of s.
317	775.0877 on criminal quarantine community control.  The
318	Department of Corrections shall develop and administer a
319	criminal quarantine community control program emphasizing
320	intensive supervision with 24-hour-per-day electronic
321	monitoring. Criminal quarantine community control status must
322	include surveillance and may include other measures normally
323	associated with community control, except that specific
324	conditions necessary to monitor this population may be ordered.
325	Section 9.  Subsection (15) of section 948.01, Florida
326	Statutes, is amended, transferred, and renumbered as subsection
327	(2) of section 948.013, Florida Statutes, which is created to
328	read:
329	948.013  Administrative probation.--
330	(1)  The Department of Corrections may establish procedures
331	for transferring an offender to administrative probation. The
332	department may collect an initial processing fee of up to $50
333	for each probationer transferred to administrative probation.
334	The offender is exempt from further payment for the cost of
335	supervision as required in s. 948.09.
336	(2)(15)  Effective for an offense committed on or after
337	July 1, 1998, a person is ineligible for placement on
338	administrative probation if the person is sentenced to or is
339	serving a term of probation or community control, regardless of
340	the conviction or adjudication, for committing, or attempting,
341	conspiring, or soliciting to commit, any of the felony offenses
342	described in s. 787.01 or s. 787.02, where the victim is a minor
343	and the defendant is not the victim's parent; s. 787.025;
344	chapter 794; s. 796.03; s. 800.04; s. 825.1025(2)(b); s.
345	827.071; s. 847.0133; s. 847.0135; or s. 847.0145.
346	Section 10.  Section 948.011, Florida Statutes, is amended
347	to read:
348	948.011  When court may impose fine and place on probation
349	or into community control as an alternative to
350	imprisonment.--When the law authorizes the placing of a
351	When the law authorizes the placing of a defendant on probation,
352	and when the defendant's offense is punishable by both fine and
353	imprisonment, the trial court may, in its discretion, impose a
354	fine upon him or her and place him or her on probation or into
355	community control as an alternative to imprisonment.
356	Section 11.  Subsection (1) of section 948.03, Florida
357	Statutes, as amended by section 136 of chapter 2003-402, Laws of
358	Florida, is amended, and subsection (6) of said section is
359	renumbered as subsection (2) and amended, to read:
360	948.03  Terms and conditions of probation or community
361	control.--
362	(1)  The court shall determine the terms and conditions of
363	probation or community control. Conditions specified in this
364	section paragraphs (a)-(m) do not require oral pronouncement at
365	the time of sentencing and may be considered standard conditions
366	of probation. Conditions specified in paragraphs (a)-(m) and
367	(2)(a) do not require oral pronouncement at sentencing and may
368	be considered standard conditions of community control. These
369	conditions may include among them the following, that the
370	probationer or offender in community control shall:
371	(a)  Report to the probation and parole supervisors as
372	directed.
373	(b)  Permit such supervisors to visit him or her at his or
374	her home or elsewhere.
375	(c)  Work faithfully at suitable employment insofar as may
376	be possible.
377	(d)  Remain within a specified place.
378	(e)  Make reparation or restitution to the aggrieved party
379	for the damage or loss caused by his or her offense in an amount
380	to be determined by the court.  The court shall make such
381	reparation or restitution a condition of probation, unless it
382	determines that clear and compelling reasons exist to the
383	contrary. If the court does not order restitution, or orders
384	restitution of only a portion of the damages, as provided in s.
385	775.089, it shall state on the record in detail the reasons
386	therefor.
387	(f)  Effective July 1, 1994, and applicable for offenses
388	committed on or after that date, make payment of the debt due
389	and owing to a county or municipal detention facility under s.
390	951.032 for medical care, treatment, hospitalization, or
391	transportation received by the felony probationer while in that
392	detention facility. The court, in determining whether to order
393	such repayment and the amount of such repayment, shall consider
394	the amount of the debt, whether there was any fault of the
395	institution for the medical expenses incurred, the financial
396	resources of the felony probationer, the present and potential
397	future financial needs and earning ability of the probationer,
398	and dependents, and other appropriate factors.
399	(g)  Support his or her legal dependents to the best of his
400	or her ability.
401	(h)  Make payment of the debt due and owing to the state
402	under s. 960.17, subject to modification based on change of
403	circumstances.
404	(i)  Pay any application fee assessed under s. 27.52(2)(a)
405	and attorney's fees and costs assessed under s. 938.29, subject
406	to modification based on change of circumstances.
407	(j)  Not associate with persons engaged in criminal
408	activities.
409	(k)1.  Submit to random testing as directed by the
410	correctional probation officer or the professional staff of the
411	treatment center where he or she is receiving treatment to
412	determine the presence or use of alcohol or controlled
413	substances.
414	2.  If the offense was a controlled substance violation and
415	the period of probation immediately follows a period of
416	incarceration in the state correction system, the conditions
417	shall include a requirement that the offender submit to random
418	substance abuse testing intermittently throughout the term of
419	supervision, upon the direction of the correctional probation
420	officer as defined in s. 943.10(3).
421	(l)  Be prohibited from possessing, carrying, or owning any
422	firearm unless authorized by the court and consented to by the
423	probation officer.
424	(m)  Be prohibited from using intoxicants to excess or
425	possessing any drugs or narcotics unless prescribed by a
426	physician. The probationer or community controllee shall not
427	knowingly visit places where intoxicants, drugs, or other
428	dangerous substances are unlawfully sold, dispensed, or used.
429	(n)  Submit to the drawing of blood or other biological
430	specimens as prescribed in ss. 948.014 and 943.325 and reimburse
431	the appropriate agency for the costs of drawing and transmitting
432	the blood or other biological specimens to the Department of Law
433	Enforcement.
434	(n)  Attend an HIV/AIDS awareness program consisting of a
435	class of not less than 2 hours or more than 4 hours in length,
436	the cost for which shall be paid by the offender, if such a
437	program is available in the county of the offender's residence.
438	(o)  Pay not more than $1 per month during the term of
439	probation or community control to a nonprofit organization
440	established for the sole purpose of supplementing the
441	rehabilitative efforts of the Department of Corrections.
442	(2)(6)  The enumeration of specific kinds of terms and
443	conditions shall not prevent the court from adding thereto such
444	other or others as it considers proper. However, the sentencing
445	court may only impose a condition of supervision allowing an
446	offender convicted of s. 794.011, s. 800.04, s. 827.071, or s.
447	847.0145, to reside in another state, if the order stipulates
448	that it is contingent upon the approval of the receiving state
449	interstate compact authority. The court may rescind or modify at
450	any time the terms and conditions theretofore imposed by it upon
451	the probationer or offender in community control.  However, if
452	the court withholds adjudication of guilt or imposes a period of
453	incarceration as a condition of probation or community control,
454	the period shall not exceed 364 days, and incarceration shall be
455	restricted to either a county facility, a probation and
456	restitution center under the jurisdiction of the Department of
457	Corrections, a probation program drug punishment phase I secure
458	residential treatment institution, or a community residential
459	facility owned or operated by any entity providing such
460	services.
461	Section 12.  Subsection (3) of section 948.03, Florida
462	Statutes, is amended, transferred, and renumbered as section
463	948.11, Florida Statutes, which is amended to read:
464	948.11  Electronic monitoring devices.--Pursuant to chapter
465	287, the department shall issue a request for proposal for
466	electronic monitoring devices to be utilized by the department
467	for purposes of electronic monitoring under this section or any
468	other section of law which authorizes electronic monitoring.
469	Electronic monitoring devices certified for use by the
470	department must be licensed by the FCC, must be capable of
471	maintaining full operation on a backup power source for 8 hours,
472	and must meet such other necessary and vital specifications as
473	may be set by the department for tamper-alert, efficient, and
474	economical usage. The provisions of this section do not apply to
475	passive devices.
476	(1)(3)(a)1.  The Department of Corrections may, at its
477	discretion, electronically monitor an offender sentenced to
478	community control.
479	(b)2.  The Department of Corrections shall electronically
480	monitor an offender sentenced to criminal quarantine community
481	control 24 hours per day.
482	(2)(b)  Any offender placed on community control who
483	violates the terms and conditions of community control and is
484	restored to community control may be supervised by means of an
485	electronic monitoring device or system.
486	(3)(c)  For those offenders being electronically monitored,
487	the Department of Corrections shall develop procedures to
488	determine, investigate, and report the offender's noncompliance
489	with the terms and conditions of sentence 24 hours per day.  All
490	reports of noncompliance shall be immediately investigated by a
491	community control officer.
492	(4)(d)  The Department of Corrections may contract with
493	local law enforcement agencies to assist in the location and
494	apprehension of offenders who are in noncompliance as reported
495	by the electronic monitoring system. This contract is intended
496	to provide the department a means for providing immediate
497	investigation of noncompliance reports, especially after normal
498	office hours.
499	(5)  Any person being electronically monitored by the
500	department as a result of placement on community control shall
501	be required to pay a surcharge as provided in s. 948.09(2).
502	Section 13.  Subsection (4) of section 948.03, Florida
503	Statutes, is amended, transferred, and renumbered as section
504	948.31, Florida Statutes, which is created to read:
505	948.31  Diagnosis, evaluation, and treatment of offenders
506	placed on probation or community control for certain sex
507	offenses or child exploitation.--
508	(4)  The court shall require a diagnosis and evaluation to
509	determine the need of a probationer or offender in community
510	control for treatment.  If the court determines that a need
511	therefor is established by such diagnosis and evaluation
512	process, the court shall require outpatient counseling as a term
513	or condition of probation or community control for any person
514	who was found guilty of any of the following, or whose plea of
515	guilty or nolo contendere to any of the following was accepted
516	by the court:
517	(1)(a)  Lewd or lascivious battery, lewd or lascivious
518	molestation, lewd or lascivious conduct, or lewd or lascivious
519	exhibition, as defined in s. 800.04.
520	(2)(b)  Sexual battery, as defined in chapter 794, against
521	a child.
522	(3)(c)  Exploitation of a child as provided in s. 450.151,
523	or for prostitution.
524
525	Such counseling shall be required to be obtained from a
526	community mental health center, a recognized social service
527	agency providing mental health services, or a private mental
528	health professional or through other professional counseling.
529	The plan for counseling for the individual shall be provided to
530	the court for review.
531	Section 14.  Subsection (5) of section 948.03, Florida
532	Statutes, is amended, transferred, and renumbered as section
533	948.30, Florida Statutes, which is created to read:
534	948.30  Additional terms and conditions of probation or
535	community control for certain sex offenses.--
536	(5)  Conditions imposed pursuant to this section
537	subsection, as specified in paragraphs (a) and (b), do not
538	require oral pronouncement at the time of sentencing and shall
539	be considered standard conditions of probation or community
540	control for offenders specified in this section subsection.
541	(1)(a)  Effective for probationers or community controllees
542	whose crime was committed on or after October 1, 1995, and who
543	are placed under supervision for violation of chapter 794, s.
544	800.04, s. 827.071, or s. 847.0145, the court must impose the
545	following conditions in addition to all other standard and
546	special conditions imposed:
547	(a)1.  A mandatory curfew from 10 p.m. to 6 a.m. The court
548	may designate another 8-hour period if the offender's employment
549	precludes the above specified time, and such alternative is
550	recommended by the Department of Corrections. If the court
551	determines that imposing a curfew would endanger the victim, the
552	court may consider alternative sanctions.
553	(b)2.  If the victim was under the age of 18, a prohibition
554	on living within 1,000 feet of a school, day care center, park,
555	playground, or other place where children regularly congregate,
556	as prescribed by the court. The 1,000-foot distance shall be
557	measured in a straight line from the offender's place of
558	residence to the nearest boundary line of the school, day care
559	center, park, playground, or other place where children
560	congregate. The distance may not be measured by a pedestrian
561	route or automobile route.
562	(c)3.  Active participation in and successful completion of
563	a sex offender treatment program with therapists specifically
564	trained to treat sex offenders, at the probationer's or
565	community controllee's own expense. If a specially trained
566	therapist is not available within a 50-mile radius of the
567	probationer's or community controllee's residence, the offender
568	shall participate in other appropriate therapy.
569	(d)4.  A prohibition on any contact with the victim,
570	directly or indirectly, including through a third person, unless
571	approved by the victim, the offender's therapist, and the
572	sentencing court.
573	(e)5.  If the victim was under the age of 18, a
574	prohibition, until successful completion of a sex offender
575	treatment program, on unsupervised contact with a child under
576	the age of 18, unless authorized by the sentencing court without
577	another adult present who is responsible for the child's
578	welfare, has been advised of the crime, and is approved by the
579	sentencing court.
580	(f)6.  If the victim was under age 18, a prohibition on
581	working for pay or as a volunteer at any school, day care
582	center, park, playground, or other place where children
583	regularly congregate.
584	(g)7.  Unless otherwise indicated in the treatment plan
585	provided by the sexual offender treatment program, a prohibition
586	on viewing, owning, or possessing any obscene, pornographic, or
587	sexually stimulating visual or auditory material, including
588	telephone, electronic media, computer programs, or computer
589	services that are relevant to the offender's deviant behavior
590	pattern.
591	(h)8.  A requirement that the probationer or community
592	controllee must submit a specimen two specimens of blood or
593	other approved biological specimen specimens to the Florida
594	Department of Law Enforcement to be registered with the DNA data
595	bank.
596	(i)9.  A requirement that the probationer or community
597	controllee make restitution to the victim, as ordered by the
598	court under s. 775.089, for all necessary medical and related
599	professional services relating to physical, psychiatric, and
600	psychological care.
601	(j)10.  Submission to a warrantless search by the community
602	control or probation officer of the probationer's or community
603	controllee's person, residence, or vehicle.
604	(2)(b)  Effective for a probationer or community controllee
605	whose crime was committed on or after October 1, 1997, and who
606	is placed on sex offender probation for a violation of chapter
607	794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any
608	other provision of this subsection, the court must impose the
609	following conditions of probation or community control:
610	(a)1.  As part of a treatment program, participation at
611	least annually in polygraph examinations to obtain information
612	necessary for risk management and treatment and to reduce the
613	sex offender's denial mechanisms. A polygraph examination must
614	be conducted by a polygrapher trained specifically in the use of
615	the polygraph for the monitoring of sex offenders, where
616	available, and shall be paid for by the sex offender. The
617	results of the polygraph examination shall not be used as
618	evidence in court to prove that a violation of community
619	supervision has occurred.
620	(b)2.  Maintenance of a driving log and a prohibition
621	against driving a motor vehicle alone without the prior approval
622	of the supervising officer.
623	(c)3.  A prohibition against obtaining or using a post
624	office box without the prior approval of the supervising
625	officer.
626	(d)4.  If there was sexual contact, a submission to, at the
627	probationer's or community controllee's expense, an HIV test
628	with the results to be released to the victim or and/or the
629	victim's parent or guardian.
630	(e)5.  Electronic monitoring when deemed necessary by the
631	community control or probation officer and his or her
632	supervisor, and ordered by the court at the recommendation of
633	the Department of Corrections.
634	Section 15.  Subsection (7) of section 948.03, Florida
635	Statutes, is amended, transferred, and renumbered as section
636	948.035, Florida Statutes, which is created to read:
637	948.035  Residential treatment as a condition of probation
638	or community control.--
639	(1)(7)(a)  If the court imposes a period of residential
640	treatment or incarceration as a condition of probation or
641	community control, the residential treatment or incarceration
642	shall be restricted to the following facilities:
643	(a)1.  A Department of Corrections probation and
644	restitution center;
645	(b)2.  A probation program drug punishment treatment
646	community;
647	(c)3.  A community residential facility which is owned and
648	operated by any public or private entity, excluding a community
649	correctional center as defined in s. 944.026; or
650	(d)4.  A county-owned facility.
651	(2)(b)  It is the intent of the Legislature that a county
652	jail be used as the last available alternative for placement of
653	an offender as a condition of probation.  However, this shall
654	not create a right of placement for the probationer, nor shall
655	it restrict judicial discretion in ordering such treatment or
656	incarceration.
657	(3)(c)  Prior to admission to such a facility or treatment
658	community, the court shall obtain an individual assessment and
659	recommendation on the appropriate treatment needs pursuant to
660	chapter 953 or the Community Control Implementation Manual which
661	shall be considered by the court in ordering such placements.
662	Placement in such a facility or center, or in the phase I secure
663	residential phase of a probation program drug punishment
664	treatment community, shall not exceed 364 days. Early completion
665	of an offender's placement shall be recommended to the court,
666	when appropriate, by the facility or center supervisor, by the
667	supervising probation officer, or by the program manager.
668	However, with respect to the placement of a probationer pursuant
669	to chapter 953, such placement shall not be completed until
670	satisfactory completion of the drug punishment program.
671	Termination for cause from such a program shall be pursuant to
672	s. 953.25(4). The Department of Corrections is authorized to
673	contract with appropriate agencies for provision of services.
674	Section 16.  Subsection (8) of section 948.03, Florida
675	Statutes, is amended, transferred, and renumbered as section
676	948.036, Florida Statutes, which is created to read:
677	948.036  Work programs as a condition of probation,
678	community control, or other court-ordered community
679	supervision.--
680	(1)(8)(a)  Whenever an offender is required by the court to
681	participate in any work program under the provisions of this
682	chapter, enters into the pretrial intervention program pursuant
683	to s. 948.08, or volunteers to work in a supervised work program
684	conducted by a specified state, county, municipal, or community
685	service organization or to work for the victim, either as an
686	alternative to monetary restitution or as a part of the
687	rehabilitative or community control program, the offender shall
688	be considered an employee of the state for the purposes of
689	chapter 440.
690	(2)(b)  In determining the average weekly wage, unless
691	otherwise determined by a specific funding program, all
692	remuneration received from the employer shall be considered a
693	gratuity, and the offender shall not be entitled to any benefits
694	otherwise payable under s. 440.15, regardless of whether the
695	offender may be receiving wages and remuneration from other
696	employment with another employer and regardless of his or her
697	future wage-earning capacity. The provisions of this section
698	subsection do not apply to any person performing labor under a
699	sentence of a court to perform community services as provided in
700	s. 316.193.
701	Section 17.  Subsection (9) of section 948.03, Florida
702	Statutes, is amended, transferred, and renumbered as section
703	948.037, Florida Statutes, which is created to read:
704	948.037  Education and learning as a condition of probation
705	or community control.--
706	(1)(9)(a)  As a condition of community control, probation,
707	or probation following incarceration, the court shall require an
708	offender who has not obtained a high school diploma or high
709	school equivalency diploma or who lacks basic or functional
710	literacy skills, upon acceptance by an adult education program,
711	to make a good faith effort toward completion of such basic or
712	functional literacy skills or high school equivalency diploma,
713	as defined in s. 1003.435, in accordance with the assessed adult
714	general education needs of the individual offender.  The court
715	shall not revoke community control, probation, or probation
716	following incarceration because of the offender's inability to
717	achieve such skills or diploma but may revoke community control,
718	probation, or probation following incarceration if the offender
719	fails to make a good faith effort to achieve such skills or
720	diploma.  The court may grant early termination of community
721	control, probation, or probation following incarceration upon
722	the offender's successful completion of the approved program.
723	As used in this subsection, "good faith effort" means the
724	offender is enrolled in a program of instruction and is
725	attending and making satisfactory progress toward completion of
726	the requirements.
727	(2)(b)  A juvenile on community control who is a public
728	school student must attend a public adult education program or a
729	dropout prevention program, pursuant to s. 1003.53, which
730	includes a second chance school or an alternative to expulsion,
731	if the school district where the juvenile is enrolled offers
732	such programs, unless the principal of the school determines
733	that special circumstances warrant continuation in the regular
734	educational school program.
735	(3)(c)  If a juvenile on community control attends a
736	regular educational school program because a public adult
737	education program or dropout prevention program, which includes
738	a second chance school or an alternative to expulsion, is not
739	available in the school district, the identity of the juvenile
740	on community control, the nature of the felony offense committed
741	by the juvenile, and the conditions of community control must be
742	made known to each of the student's teachers.
743	Section 18.  Subsections (10) and subsection (11) of
744	section 948.03, Florida Statutes, are amended, transferred, and
745	renumbered as subsections (1) and (2) and subsection (3),
746	respectively, of section 948.014, Florida Statutes, which is
747	created to read:
748	948.014  Requirement to submit to drawing of blood or other
749	biological specimens.--
750	(1)(10)  As a condition of probation, community control, or
751	any other court-ordered community supervision, the court shall
752	order persons convicted of offenses specified in s. 943.325 to
753	submit to the drawing of the blood or other biological specimens
754	as prescribed in that section as a condition of the probation,
755	community control, or other court-ordered community supervision.
756	(2)  For the purposes of this section subsection,
757	conviction shall include a finding of guilty, or entry of a plea
758	of nolo contendere or guilty, regardless of adjudication, or, in
759	the case of a juvenile, the finding of delinquency.
760	(3)(11)  Any order issued pursuant to this section
761	subsection (10) shall also require the convicted person to
762	reimburse the appropriate agency for the costs of drawing and
763	transmitting the blood or other biological specimens to the
764	Florida Department of Law Enforcement.
765	Section 19.  Subsection (12) of section 948.03, Florida
766	Statutes, is amended, transferred, and renumbered as section
767	948.038, Florida Statutes, which is created to read:
768	948.038  Batterers' intervention program as a condition of
769	probation, community control, or other court-ordered community
770	supervision.--
771	(12)  As a condition of probation, community control, or
772	any other court-ordered community supervision, the court shall
773	order a person convicted of an offense of domestic violence, as
774	defined in s. 741.28, to attend and successfully complete a
775	batterers' intervention program unless the court determines that
776	the person does not qualify for the batterers' intervention
777	program pursuant to s. 741.325. Effective July 1, 2002, The
778	batterers' intervention program must be a program certified
779	under s. 741.32 and the offender must pay the cost of attending
780	the program.
781	Section 20.  Section 948.039, Florida Statutes, is created
782	to read:
783	948.039  Special terms and conditions of probation or
784	community control imposed by court order.--The court may impose
785	any special terms and conditions of probation or community
786	control. The terms and conditions should be reasonably related
787	to the circumstances of the offense committed and appropriate
788	for the offender. The court shall impose the special terms and
789	conditions by oral pronouncement at sentencing and include the
790	terms and conditions in the written sentencing order. Special
791	terms and conditions may include, but are not limited to,
792	requirements that the offender:
793	(1)  Attend an HIV/AIDS awareness program consisting of a
794	class of not less than 2 hours or more than 4 hours in length,
795	if such a program is available in the county of the offender's
796	residence. The offender shall pay the cost of attending the
797	program.
798	(2)  Pay not more than $1 per month during the term of
799	probation or community control to a nonprofit organization
800	established for the sole purpose of supplementing the
801	rehabilitative efforts of the Department of Corrections.
802	Section 21.  Subsection (1) of section 948.06, Florida
803	Statutes, is amended, and for the purpose of incorporating the
804	amendment to section 948.09, Florida Statutes, in a reference
805	thereto, subsection (5) of said section is reenacted, to read:
806	948.06  Violation of probation or community control;
807	revocation; modification; continuance; failure to pay
808	restitution or cost of supervision.--
809	(1)(a)  Whenever within the period of probation or
810	community control there are reasonable grounds to believe that a
811	probationer or offender in community control has violated his or
812	her probation or community control in a material respect, any
813	law enforcement officer who is aware of the probationary or
814	community control status of the probationer or offender in
815	community control or any parole or probation supervisor may
816	arrest or request any county or municipal law enforcement
817	officer to arrest such probationer or offender without warrant
818	wherever found and forthwith return him or her to the court
819	granting such probation or community control.
820	(b)  Any committing magistrate may issue a warrant, upon
821	the facts being made known to him or her by affidavit of one
822	having knowledge of such facts, for the arrest of the
823	probationer or offender, returnable forthwith before the court
824	granting such probation or community control.
825	(c)  Any parole or probation supervisor, any officer
826	authorized to serve criminal process, or any peace officer of
827	this state is authorized to serve and execute such warrant.
828	(d)  Upon the filing of an affidavit alleging a violation
829	of probation or community control and following issuance of a
830	warrant under s. 901.02, the probationary period is tolled until
831	the court enters a ruling on the violation. Notwithstanding the
832	tolling of probation as provided in this section subsection, the
833	court shall retain jurisdiction over the offender for any
834	violation of the conditions of probation or community control
835	that is alleged to have occurred during the tolling period. The
836	probation officer is permitted to continue to supervise any
837	offender who remains available to the officer for supervision
838	until the supervision expires pursuant to the order of probation
839	or community control or until the court revokes or terminates
840	the probation or community control, whichever comes first.
841	(2)(a)  The court, upon the probationer or offender being
842	brought before it, shall advise him or her of such charge of
843	violation and, if such charge is admitted to be true, may
844	forthwith revoke, modify, or continue the probation or community
845	control or place the probationer into a community control
846	program.
847	(b)  If probation or community control is revoked, the
848	court shall adjudge the probationer or offender guilty of the
849	offense charged and proven or admitted, unless he or she has
850	previously been adjudged guilty, and impose any sentence which
851	it might have originally imposed before placing the probationer
852	on probation or the offender into community control.
853	(c)  If such violation of probation or community control is
854	not admitted by the probationer or offender, the court may
855	commit him or her or release him or her with or without bail to
856	await further hearing, or it may dismiss the charge of probation
857	or community control violation.
858	(d)  If such charge is not at that time admitted by the
859	probationer or offender and if it is not dismissed, the court,
860	as soon as may be practicable, shall give the probationer or
861	offender an opportunity to be fully heard on his or her behalf
862	in person or by counsel.
863	(e)  After such hearing, the court may revoke, modify, or
864	continue the probation or community control or place the
865	probationer into community control. If such probation or
866	community control is revoked, the court shall adjudge the
867	probationer or offender guilty of the offense charged and proven
868	or admitted, unless he or she has previously been adjudged
869	guilty, and impose any sentence which it might have originally
870	imposed before placing the probationer or offender on probation
871	or into community control.
872	(f)  Notwithstanding s. 775.082, when a period of probation
873	or community control has been tolled, upon revocation or
874	modification of the probation or community control, the court
875	may impose a sanction with a term that when combined with the
876	amount of supervision served and tolled, exceeds the term
877	permissible pursuant to s. 775.082 for a term up to the amount
878	of the tolled period of supervision.
879	(g)  If the court dismisses an affidavit alleging a
880	violation of probation or community control, the offender's
881	probation or community control shall continue as previously
882	imposed, and the offender shall receive credit for all tolled
883	time against his or her term of probation or community control.
884	(5)  In any hearing in which the failure of a probationer
885	or offender in community control to pay restitution or the cost
886	of supervision as provided in s. 948.09, as directed, is
887	established by the state, if the probationer or offender asserts
888	his or her inability to pay restitution or the cost of
889	supervision, it is incumbent upon the probationer or offender to
890	prove by clear and convincing evidence that he or she does not
891	have the present resources available to pay restitution or the
892	cost of supervision despite sufficient bona fide efforts legally
893	to acquire the resources to do so. If the probationer or
894	offender cannot pay restitution or the cost of supervision
895	despite sufficient bona fide efforts, the court shall consider
896	alternate measures of punishment other than imprisonment. Only
897	if alternate measures are not adequate to meet the state's
898	interests in punishment and deterrence may the court imprison a
899	probationer or offender in community control who has
900	demonstrated sufficient bona fide efforts to pay restitution or
901	the cost of supervision.
902	Section 22.  Subsection (2) of section 948.06, Florida
903	Statutes, is amended, transferred, and renumbered as section
904	948.32, Florida Statutes, which is created to read:
905	948.32  Requirements of law enforcement agency upon arrest
906	of persons for certain sex offenses.--
907	(1)(2)(a)  When any state or local law enforcement agency
908	investigates or arrests a person for committing, or attempting,
909	soliciting, or conspiring to commit, a violation of  s. 787.025,
910	chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
911	847.0135, or s. 847.0145, the law enforcement agency shall
912	contact the Department of Corrections to verify whether the
913	person under investigation or under arrest is on probation,
914	community control, parole, conditional release, or control
915	release.
916	(2)(b)  If the law enforcement agency finds that the person
917	under investigation or under arrest is on probation, community
918	control, parole, conditional release, or control release, the
919	law enforcement agency shall immediately notify the person's
920	probation officer or release supervisor of the investigation or
921	the arrest.
922	Section 23.  Subsection (1) of section 948.09, Florida
923	Statutes, is amended to read:
924	948.09  Payment for cost of supervision and
925	rehabilitation.--
926	(1)(a)1.  Any person ordered by the court, the Department
927	of Corrections, or the parole commission to be placed on
928	probation, drug offender probation, community control, parole,
929	control release, provisional release supervision, addiction-
930	recovery supervision, or conditional release supervision under
931	chapter 944, chapter 945, chapter 947, chapter 948, or chapter
932	958, or in a pretrial intervention program, must, as a condition
933	of any placement, pay the department a total sum of money equal
934	to the total month or portion of a month of supervision times
935	the court-ordered amount, but not to exceed the actual per diem
936	cost of the supervision. The department shall adopt rules by
937	which an offender who pays in full and in advance of regular
938	termination of supervision may receive a reduction in the amount
939	due. The rules shall incorporate provisions by which the
940	offender's ability to pay is linked to an established written
941	payment plan. Funds collected from felony offenders may be used
942	to offset costs of the Department of Corrections associated with
943	community supervision programs, subject to appropriation by the
944	Legislature.
945	2.  In addition to any other contribution or surcharge
946	imposed by this section, each felony offender assessed under
947	this paragraph shall pay a $2-per-month surcharge to the
948	department. The surcharge shall be deemed to be paid only after
949	the full amount of any monthly payment required by the
950	established written payment plan has been collected by the
951	department. These funds shall be used by the department to pay
952	for correctional probation officers' training and equipment,
953	including radios, and firearms training, firearms, and attendant
954	equipment necessary to train and equip officers who choose to
955	carry a concealed firearm while on duty. Nothing in this
956	subparagraph shall be construed to limit the department's
957	authority to determine who shall be authorized to carry a
958	concealed firearm while on duty, or to limit the right of a
959	correctional probation officer to carry a personal firearm
960	approved by the department.
961	(b)  Any person placed on misdemeanor probation by a county
962	court must contribute not less than $40 per month, as decided by
963	the sentencing court, to the court-approved public or private
964	entity providing misdemeanor supervision.
965	Section 24.  Subsection (1) of section 948.04, Florida
966	Statutes, is amended to read:
967	948.04  Period of probation; duty of probationer; early
968	termination.--
969	(1)  Defendants found guilty of felonies who are placed on
970	probation shall be under supervision not to exceed 2 years
971	unless otherwise specified by the court. No defendant placed on
972	probation pursuant to s. 948.012(1) 948.01(6) or s. 948.034 is
973	subject to the probation limitations of this subsection. A
974	defendant who is placed on probation or community control for a
975	violation of chapter 794 or chapter 827 is subject to the
976	maximum level of supervision provided by the supervising agency,
977	and that supervision shall continue through the full term of the
978	court-imposed probation or community control.
979	Section 25.  Paragraph (c) of subsection (17) of section
980	440.02, Florida Statutes, is amended to read:
981	440.02  Definitions.--When used in this chapter, unless the
982	context clearly requires otherwise, the following terms shall
983	have the following meanings:
984	(17)
985	(c)  "Employment" does not include service performed by or
986	as:
987	1.  Domestic servants in private homes.
988	2.  Agricultural labor performed on a farm in the employ of
989	a bona fide farmer, or association of farmers, that employs 5 or
990	fewer regular employees and that employs fewer than 12 other
991	employees at one time for seasonal agricultural labor that is
992	completed in less than 30 days, provided such seasonal
993	employment does not exceed 45 days in the same calendar year.
994	The term "farm" includes stock, dairy, poultry, fruit, fur-
995	bearing animals, fish, and truck farms, ranches, nurseries, and
996	orchards. The term "agricultural labor" includes field foremen,
997	timekeepers, checkers, and other farm labor supervisory
998	personnel.
999	3.  Professional athletes, such as professional boxers,
1000	wrestlers, baseball, football, basketball, hockey, polo, tennis,
1001	jai alai, and similar players, and motorsports teams competing
1002	in a motor racing event as defined in s. 549.08.
1003	4.  Labor under a sentence of a court to perform community
1004	services as provided in s. 316.193.
1005	5.  State prisoners or county inmates, except those
1006	performing services for private employers or those enumerated in
1007	s. 948.036(1) 948.03(8)(a).
1008	Section 26.  Paragraph (b) of subsection (3) of section
1009	775.21, Florida Statutes, is amended to read:
1010	775.21  The Florida Sexual Predators Act; definitions;
1011	legislative findings, purpose, and intent; criteria;
1012	designation; registration; community and public notification;
1013	immunity; penalties.--
1014	(3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
1015	INTENT.--
1016	(b)  The high level of threat that a sexual predator
1017	presents to the public safety, and the long-term effects
1018	suffered by victims of sex offenses, provide the state with
1019	sufficient justification to implement a strategy that includes:
1020	1.  Incarcerating sexual predators and maintaining adequate
1021	facilities to ensure that decisions to release sexual predators
1022	into the community are not made on the basis of inadequate
1023	space.
1024	2.  Providing for specialized supervision of sexual
1025	predators who are in the community by specially trained
1026	probation officers with low caseloads, as described in ss.
1027	947.1405(7) and 948.30 948.03(5). The sexual predator is subject
1028	to specified terms and conditions implemented at sentencing or
1029	at the time of release from incarceration, with a requirement
1030	that those who are financially able must pay all or part of the
1031	costs of supervision.
1032	3.  Requiring the registration of sexual predators, with a
1033	requirement that complete and accurate information be maintained
1034	and accessible for use by law enforcement authorities,
1035	communities, and the public.
1036	4.  Providing for community and public notification
1037	concerning the presence of sexual predators.
1038	5.  Prohibiting sexual predators from working with
1039	children, either for compensation or as a volunteer.
1040	Section 27.  Paragraph (b) of subsection (2) of section
1041	812.0155, Florida Statutes, is amended to read:
1042	812.0155  Suspension of driver's license following an
1043	adjudication of guilt for theft.--
1044	(2)  The court may revoke, suspend, or withhold issuance of
1045	a driver's license of a person less than 18 years of age who
1046	violates s. 812.014 or s. 812.015 as an alternative to
1047	sentencing the person to:
1048	(b)  Probation as defined in s. 985.03, commitment to the
1049	Department of Juvenile Justice, probation as defined in chapter
1050	948 s. 948.01, community control, or incarceration, if the
1051	person is convicted as an adult of such violation and has not
1052	previously been convicted of or adjudicated delinquent for any
1053	criminal offense, regardless of whether adjudication was
1054	withheld.
1055	Section 28.  Section 921.0017, Florida Statutes, is amended
1056	to read:
1057	921.0017  Credit upon recommitment of offender serving
1058	split sentence.--Effective for offenses committed on or after
1059	January 1, 1994, if an offender's probation or community control
1060	is revoked and the offender is serving a split sentence pursuant
1061	to s. 948.012 948.01, upon recommitment to the Department of
1062	Corrections, the court shall order credit for time served in
1063	state prison or county jail only, without considering any type
1064	of gain-time earned before release to supervision, or any type
1065	of sentence reduction granted to avoid prison overcrowding,
1066	including, but not limited to, any sentence reduction resulting
1067	from administrative gain-time, provisional credits, or control
1068	release. The court shall determine the amount of jail-time
1069	credit to be awarded for time served between the date of arrest
1070	as a violator and the date of recommitment, and shall direct the
1071	Department of Corrections to compute and apply credit for all
1072	other time served previously on the prior sentence for the
1073	offense for which the offender is being recommitted. This
1074	section does not affect or limit the department's authority to
1075	forfeit gain-time under ss. 944.28(1) and 948.06(7).
1076	Section 29.  Paragraph (a) of subsection (1) of section
1077	921.187, Florida Statutes, is amended to read:
1078	921.187  Disposition and sentencing; alternatives;
1079	restitution.--
1080	(1)  The alternatives provided in this section for the
1081	disposition of criminal cases shall be used in a manner that
1082	will best serve the needs of society, punish criminal offenders,
1083	and provide the opportunity for rehabilitation.
1084	(a)  If the offender does not receive a state prison
1085	sentence, the court may:
1086	1.  Impose a split sentence whereby the offender is to be
1087	placed on probation upon completion of any specified period of
1088	such sentence, which period may include a term of years or less.
1089	2.  Make any other disposition that is authorized by law.
1090	3.  Place the offender on probation with or without an
1091	adjudication of guilt pursuant to s. 948.01.
1092	4.  Impose a fine and probation pursuant to s. 948.011 when
1093	the offense is punishable by both a fine and imprisonment and
1094	probation is authorized.
1095	5.  Place the offender into community control requiring
1096	intensive supervision and surveillance pursuant to chapter 948.
1097	6.  Impose, as a condition of probation or community
1098	control, a period of treatment which shall be restricted to a
1099	county facility, a Department of Corrections probation and
1100	restitution center, a probation program drug punishment
1101	treatment community, or a community residential or
1102	nonresidential facility, excluding a community correctional
1103	center as defined in s. 944.026, which is owned and operated by
1104	any qualified public or private entity providing such services.
1105	Before admission to such a facility, the court shall obtain an
1106	individual assessment and recommendations on the appropriate
1107	treatment needs, which shall be considered by the court in
1108	ordering such placements. Placement in such a facility, except
1109	for a county residential probation facility, may not exceed 364
1110	days. Placement in a county residential probation facility may
1111	not exceed 3 years. Early termination of placement may be
1112	recommended to the court, when appropriate, by the center
1113	supervisor, the supervising probation officer, or the probation
1114	program manager.
1115	7.  Sentence the offender pursuant to s. 922.051 to
1116	imprisonment in a county jail when a statute directs
1117	imprisonment in a state prison, if the offender's cumulative
1118	sentence, whether from the same circuit or from separate
1119	circuits, is not more than 364 days.
1120	8.  Sentence the offender who is to be punished by
1121	imprisonment in a county jail to a jail in another county if
1122	there is no jail within the county suitable for such prisoner
1123	pursuant to s. 950.01.
1124	9.  Require the offender to participate in a work-release
1125	or educational or technical training program pursuant to s.
1126	951.24 while serving a sentence in a county jail, if such a
1127	program is available.
1128	10.  Require the offender to perform a specified public
1129	service pursuant to s. 775.091.
1130	11.  Require the offender who violates chapter 893 or
1131	violates any law while under the influence of a controlled
1132	substance or alcohol to participate in a substance abuse
1133	program.
1134	12.a.  Require the offender who violates any criminal
1135	provision of chapter 893 to pay an additional assessment in an
1136	amount up to the amount of any fine imposed, pursuant to ss.
1137	938.21 and 938.23.
1138	b.  Require the offender who violates any provision of s.
1139	893.13 to pay an additional assessment in an amount of $100,
1140	pursuant to ss. 938.25 and 943.361.
1141	13.  Impose a split sentence whereby the offender is to be
1142	placed in a county jail or county work camp upon the completion
1143	of any specified term of community supervision.
1144	14.  Impose split probation whereby upon satisfactory
1145	completion of half the term of probation, the Department of
1146	Corrections may place the offender on administrative probation
1147	pursuant to s. 948.013 948.01 for the remainder of the term of
1148	supervision.
1149	15.  Require residence in a state probation and restitution
1150	center or private drug treatment program for offenders on
1151	community control or offenders who have violated conditions of
1152	probation.
1153	16.  Impose any other sanction which is provided within the
1154	community and approved as an intermediate sanction by the county
1155	public safety coordinating council as described in s. 951.26.
1156	17.  Impose, as a condition of community control,
1157	probation, or probation following incarceration, a requirement
1158	that an offender who has not obtained a high school diploma or
1159	high school equivalency diploma or who lacks basic or functional
1160	literacy skills, upon acceptance by an adult education program,
1161	make a good faith effort toward completion of such basic or
1162	functional literacy skills or high school equivalency diploma,
1163	as defined in s. 1003.435, in accordance with the assessed adult
1164	general education needs of the individual offender.
1165	Section 30.  Subsection (6) of section 947.23, Florida
1166	Statutes, is amended to read:
1167	947.23  Action of commission upon arrest of parolee.--
1168	(6)  Within a reasonable time after the hearing, the
1169	commissioner, commissioners, or duly authorized representative
1170	of the commission who conducted the hearing shall make findings
1171	of fact in regard to the alleged parole violation.
1172	(a)  If the hearing was conducted by three or more
1173	commissioners, a majority of them shall enter an order
1174	determining whether the charges of parole violation have been
1175	sustained, based on the findings of fact made by them. By such
1176	order they shall revoke the parole and return the parolee to
1177	prison to serve the sentence theretofore imposed upon her or
1178	him, reinstate the original order of parole, order the placement
1179	of the parolee into a community control program as set forth in
1180	s. 948.10, subject to the terms and conditions specified under
1181	s. 948.101, 948.03, or enter such other order as is proper.
1182	(b)  If the hearing was conducted by one or two
1183	commissioners or a duly authorized representative of the
1184	commission, at least two commissioners shall enter an order
1185	determining whether or not the charges of parole violation have
1186	been sustained, based on the findings of fact made by the
1187	commissioner, commissioners, or duly authorized representative
1188	of the commission. The commissioners, by such order, shall
1189	revoke the parole and return the parolee to prison to serve the
1190	sentence theretofore imposed upon her or him, reinstate the
1191	original order of parole, order the placement of the parolee
1192	into a community control program as set forth in s. 948.10,
1193	subject to the terms and conditions specified under s. 948.101,
1194	948.03, or enter such other order as is proper.
1195	(c)  If the disposition after the revocation hearing is to
1196	place the parolee into a community control program, the
1197	commission shall be guided by the procedures and requirements
1198	provided in chapter 948 which apply to the courts regarding the
1199	development and implementation of community control.
1200
1201	However, any decision to revoke parole shall be based on a
1202	violation of a term or condition specifically enumerated in the
1203	parole release order. In a case in which parole is revoked, the
1204	majority of the commission or the two commissioners shall make a
1205	written statement of the evidence relied on and the reasons for
1206	revoking parole.
1207	Section 31.  Section 958.14, Florida Statutes, is amended
1208	to read:
1209	958.14  Violation of probation or community control
1210	program.--A violation or alleged violation of probation or the
1211	terms of a community control program shall subject the youthful
1212	offender to the provisions of s. 948.06(1). However, no youthful
1213	offender shall be committed to the custody of the department for
1214	a substantive violation for a period longer than the maximum
1215	sentence for the offense for which he or she was found guilty,
1216	with credit for time served while incarcerated, or for a
1217	technical or nonsubstantive violation for a period longer than 6
1218	years or for a period longer than the maximum sentence for the
1219	offense for which he or she was found guilty, whichever is less,
1220	with credit for time served while incarcerated.
1221	Section 32.  For the purpose of incorporating the amendment
1222	to section 948.09, Florida Statutes, in references thereto,
1223	paragraph (b) of subsection (2) and paragraph(b) of subsection
1224	(7) of section 944.4731, Florida Statutes, are reenacted to
1225	read:
1226	944.4731  Addiction-Recovery Supervision Program.--
1227	(2)
1228	(b)  An offender released under addiction-recovery
1229	supervision shall be subject to specified terms and conditions,
1230	including payment of the costs of supervision under s. 948.09
1231	and any other court-ordered payments, such as child support and
1232	restitution. If an offender has received a term of probation or
1233	community control to be served after release from incarceration,
1234	the period of probation or community control may not be
1235	substituted for addiction-recovery supervision and shall follow
1236	the term of addiction-recovery supervision. A panel of not fewer
1237	than two parole commissioners shall establish the terms and
1238	conditions of supervision, and the terms and conditions must be
1239	included in the supervision order. In setting the terms and
1240	conditions of supervision, the parole commission shall weigh
1241	heavily the program requirements, including, but not limited to,
1242	work at paid employment while participating in treatment and
1243	traveling restrictions. The commission shall also determine
1244	whether an offender violates the terms and conditions of
1245	supervision and whether a violation warrants revocation of
1246	addiction-recovery supervision pursuant to s. 947.141. The
1247	parole commission shall review the offender's record for the
1248	purpose of establishing the terms and conditions of supervision.
1249	The parole commission may impose any special conditions it
1250	considers warranted from its review of the record. The length of
1251	supervision may not exceed the maximum penalty imposed by the
1252	court.
1253	(7)  While participating in a substance abuse transition
1254	housing program, an offender shall:
1255	(b)  Pay fees to defray program costs, costs of supervision
1256	required under s. 948.09, and any restitution or obligations for
1257	child support.
1258	Section 33.  For the purpose of incorporating the amendment
1259	to section 948.10, Florida Statutes, in a reference thereto,
1260	section 947.1747, Florida Statutes, is reenacted to read:
1261	947.1747  Community control as a special condition of
1262	parole.--Upon the establishment of an effective parole release
1263	date as provided for in ss. 947.1745 and 947.1746, the
1264	commission may, as a special condition of parole, require an
1265	inmate to be placed in the community control program of the
1266	Department of Corrections as described in s. 948.10 for a period
1267	not exceeding 6 months. In every case in which the commission
1268	decides to place an inmate on community control as a special
1269	condition of parole, the commission shall provide a written
1270	explanation of the reasons for its decision.
1271	Section 34.  In the event that any amendment made by the
1272	provisions of this act conflicts with any substantive amendment
1273	made to this chapter by other legislative enactments passed in
1274	the 2004 Regular Session, the provisions of this act shall be
1275	subordinate to other enactments, regardless of the order of
1276	passage. It is the intent of the Legislature that this act
1277	effect no substantive changes to the law.
1278	Section 35.  This act shall take effect July 1, 2004.

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