Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1794
Barcode 485184
CHAMBER ACTION
Senate House
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03/13/2007 08:15 PM .
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11 The Committee on Criminal Justice (Wise) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, lines 3-20, delete those lines
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17 and insert:
18 Section 2. Subsection (1) is amended, and paragraph
19 (i) is added to subsection (2) of section 948.06, Florida
20 Statutes, to read:
21 948.06 Violation of probation or community control;
22 revocation; modification; continuance; failure to pay
23 restitution or cost of supervision.--
24 (1)(a) Whenever within the period of probation or
25 community control there are reasonable grounds to believe that
26 a probationer or offender in community control has violated
27 his or her probation or community control in a material
28 respect, any law enforcement officer who is aware of the
29 probationary or community control status of the probationer or
30 offender in community control or any parole or probation
31 supervisor may arrest or request any county or municipal law
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1:38 PM 03/12/07 s1794.cj05.00e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1794
Barcode 485184
1 enforcement officer to arrest such probationer or offender
2 without warrant wherever found and forthwith return him or her
3 to the court granting such probation or community control.
4 (b) Any committing trial court judge may issue a
5 warrant, upon the facts being made known to him or her by
6 affidavit of one having knowledge of such facts, for the
7 arrest of the probationer or offender, returnable forthwith
8 before the court granting such probation or community control.
9 In lieu of issuing a warrant for arrest, the committing trial
10 court judge may issue a notice to appear if the probationer or
11 offender in community control has never been convicted of
12 committing a qualifying offense as defined in this section.
13 (c) Any parole or probation supervisor, any officer
14 authorized to serve criminal process, or any peace officer of
15 this state is authorized to serve and execute such warrant.
16 Any parole or probation supervisor is authorized to serve such
17 notice to appear.
18 (d) Upon the filing of an affidavit alleging a
19 violation of probation or community control and following
20 issuance of a warrant under s. 901.02, or a notice to appear,
21 the probationary period is tolled until the court enters a
22 ruling on the violation. Notwithstanding the tolling of
23 probation as provided in this subsection, the court shall
24 retain jurisdiction over the offender for any violation of the
25 conditions of probation or community control that is alleged
26 to have occurred during the tolling period. The probation
27 officer is permitted to continue to supervise any offender who
28 remains available to the officer for supervision until the
29 supervision expires pursuant to the order of probation or
30 community control or until the court revokes or terminates the
31 probation or community control, whichever comes first.
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1:38 PM 03/12/07 s1794.cj05.00e
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1794
Barcode 485184
1 (e) The chief judge of each judicial circuit may
2 direct the department to use a notification letter of a
3 technical violation in lieu of a violation report, affidavit,
4 and warrant when the alleged violation is not a new felony or
5 misdemeanor offense. Such direction must be in writing and
6 must specify the types of specific violations which are to be
7 reported by a notification letter of a technical violation,
8 any exceptions to those violations, and the required process
9 for submission. At the direction of the chief judge, the
10 department shall send the notification letter of a technical
11 violation to the court.
12 (2)
13 (h)1. For each case in which the offender admits to
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17 And the title is amended as follows:
18 On page 1, line 8, before the word "authorizing"
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20 insert:
21 authorizing the court to issue a notice to
22 appear for certain violators;
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