Florida Senate - 2010                                    SB 1694
       
       
       
       By Senator Ring
       
       
       
       
       32-01783-10                                           20101694__
    1                        A bill to be entitled                      
    2         An act relating to the misdemeanor pretrial substance
    3         abuse education and treatment intervention program;
    4         amending s. 948.16, F.S.; including any misdemeanor
    5         criminal charge under ch. 893, F.S., as a qualifying
    6         offense for the voluntary admission of a defendant
    7         into the program; removing as a disqualifying
    8         criterion a defendant’s previous admission to the
    9         program; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (1) of section
   14  948.16, Florida Statutes, is amended to read:
   15         948.16 Misdemeanor pretrial substance abuse education and
   16  treatment intervention program.—
   17         (1)(a) A person who is charged with a misdemeanor for
   18  possession of a controlled substance, possession of or drug
   19  paraphernalia, or any other misdemeanor charge under chapter
   20  893, and who has not previously been convicted of a felony nor
   21  been admitted to a pretrial program, is eligible for voluntary
   22  admission into a misdemeanor pretrial substance abuse education
   23  and treatment intervention program, including a treatment-based
   24  drug court program established pursuant to s. 397.334, approved
   25  by the chief judge of the circuit, for a period based on the
   26  program requirements and the treatment plan for the offender,
   27  upon motion of either party or the court’s own motion, except,
   28  if the state attorney believes the facts and circumstances of
   29  the case suggest the defendant is involved in dealing and
   30  selling controlled substances, the court shall hold a
   31  preadmission hearing. If the state attorney establishes, by a
   32  preponderance of the evidence at such hearing, that the
   33  defendant was involved in dealing or selling controlled
   34  substances, the court shall deny the defendant’s admission into
   35  the pretrial intervention program.
   36         Section 2. This act shall take effect July 1, 2010.