Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1794
                        Barcode 345438
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       03/20/2007 05:43 PM         .                    
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11  The Committee on Criminal Justice (Wise) recommended the
12  following amendment to amendment (485184):
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14         Senate Amendment (with title amendment) 
15         On page 2, line 9 through
16            page 3, line 13, delete those lines
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18  and insert:  In lieu of issuing a warrant for arrest, the
19  committing trial court judge may issue a notice to appear if
20  the offender on probation or community control has no current
21  or prior conviction or alleged violation for a qualifying
22  offense as defined in this section.
23         (c)  Any parole or probation supervisor, any officer
24  authorized to serve criminal process, or any peace officer of
25  this state is authorized to serve and execute such warrant.
26         (d)  Upon the filing of an affidavit alleging a
27  violation of probation or community control and following
28  issuance of a warrant under s. 901.02, a notice to appear, or
29  a warrantless arrest under s. 948.06, the probationary period
30  is tolled until the court enters a ruling on the violation.
31  Notwithstanding the tolling of probation as provided in this
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    12:54 PM   03/19/07                            s1794c-cj05-t04

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1794 Barcode 345438 1 subsection, the court shall retain jurisdiction over the 2 offender for any violation of the conditions of probation or 3 community control that is alleged to have occurred during the 4 tolling period. The probation officer is permitted to continue 5 to supervise any offender who remains available to the officer 6 for supervision until the supervision expires pursuant to the 7 order of probation or community control or until the court 8 revokes or terminates the probation or community control, 9 whichever comes first. 10 (e) The chief judge of each judicial circuit shall 11 direct the department to use a notification letter of a 12 technical violation in appropriate cases in lieu of a 13 violation report, affidavit, and warrant when the alleged 14 violation is not a new felony or misdemeanor offense. Such 15 direction must be in writing and must specify the types of 16 specific violations which are to be reported by a notification 17 letter of a technical violation, any exceptions to those 18 violations, and the required process for submission. At the 19 direction of the chief judge, the department shall send the 20 notification letter of a technical violation to the court. 21 (f) The court may allow the department to file an 22 affidavit, notification letter, violation report, or other 23 report under this section by fax or electronic submission. 24 (2) 25 (h)1. For each case in which the offender admits to 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 3, lines 21 and 22, delete those lines 31 2 12:54 PM 03/19/07 s1794c-cj05-t04
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1794 Barcode 345438 1 and insert: 2 authorizing the court to issue a notice to 3 appear for certain violators; authorizing the 4 court to allow the submission of certain 5 documents electronically or by fax; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 12:54 PM 03/19/07 s1794c-cj05-t04