| 1 | A bill to be entitled |
| 2 | An act relating to a violation of probation or community |
| 3 | control; amending s. 948.06, F.S.; requiring a court, |
| 4 | under certain circumstances, to revoke an offender's |
| 5 | probation or community control, adjudicate the offender |
| 6 | guilty of the offense forming the basis of the probation |
| 7 | or community control, and impose a term of imprisonment |
| 8 | which the court might have imposed before placing the |
| 9 | offender on probation or in community control; amending s. |
| 10 | 921.0017, F.S.; conforming a cross reference; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Present subsections (3) through (7) of section |
| 16 | 948.06, Florida Statutes, are redesignated subsections (4) |
| 17 | through (8), respectively, and a new subsection (3) is added to |
| 18 | that section, to read: |
| 19 | 948.06 Violation of probation or community control; |
| 20 | revocation; modification; continuance; failure to pay |
| 21 | restitution or cost of supervision.-- |
| 22 | (3) For any probationer or offender on community control |
| 23 | or probation who: |
| 24 | (a) Is placed on probation or community control for a |
| 25 | first degree felony offense committed on or after July 1, 2005; |
| 26 | (b) Is found to have committed a violation of a condition |
| 27 | of probation or community control during the period of |
| 28 | supervision; and |
| 29 | (c) Has previously or concurrently been found to have |
| 30 | committed two or more violations of a condition of probation or |
| 31 | community control during the period of supervision; |
| 32 |
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| 33 | the court shall revoke the probationer or offender's probation |
| 34 | or community control; adjudicate the probationer or offender |
| 35 | guilty of the offense forming the basis of the probation or |
| 36 | community control, unless the probationer or offender has |
| 37 | previously been adjudicated guilty; and impose a term of |
| 38 | imprisonment that the court might have originally imposed before |
| 39 | placing the probationer on probation or the offender in |
| 40 | community control. |
| 41 | Section 2. Section 921.0017, Florida Statutes, is amended |
| 42 | to read: |
| 43 | 921.0017 Credit upon recommitment of offender serving |
| 44 | split sentence.--Effective for offenses committed on or after |
| 45 | January 1, 1994, if an offender's probation or community control |
| 46 | is revoked and the offender is serving a split sentence pursuant |
| 47 | to s. 948.012, upon recommitment to the Department of |
| 48 | Corrections, the court shall order credit for time served in |
| 49 | state prison or county jail only, without considering any type |
| 50 | of gain-time earned before release to supervision, or any type |
| 51 | of sentence reduction granted to avoid prison overcrowding, |
| 52 | including, but not limited to, any sentence reduction resulting |
| 53 | from administrative gain-time, provisional credits, or control |
| 54 | release. The court shall determine the amount of jail-time |
| 55 | credit to be awarded for time served between the date of arrest |
| 56 | as a violator and the date of recommitment, and shall direct the |
| 57 | Department of Corrections to compute and apply credit for all |
| 58 | other time served previously on the prior sentence for the |
| 59 | offense for which the offender is being recommitted. This |
| 60 | section does not affect or limit the department's authority to |
| 61 | forfeit gain-time under ss. 944.28(1) and 948.06(8)(7). |
| 62 | Section 3. This act shall take effect July 1, 2005. |