Florida Senate - 2010                                     SB 300
       
       
       
       By Senator Bennett
       
       
       
       
       21-00388-10                                            2010300__
    1                        A bill to be entitled                      
    2         An act relating to pretrial proceedings; providing a
    3         short title; amending s. 948.06, F.S.; providing that
    4         at the first appearance of a probationer or an
    5         offender on community control arrested for a new
    6         offense for which the court finds the existence of
    7         probable cause, the court may order pretrial detention
    8         or pretrial release of the person with or without bail
    9         to await further hearing to determine the outcome of a
   10         violation hearing; providing for dismissal if no
   11         affidavit alleging a violation of probation or
   12         community control is filed within a specified period;
   13         exempting persons subject to hearings under specified
   14         provisions; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. This act may be cited as the “Officer Andrew
   19  Widman Act.”
   20         Section 2. Paragraphs (c) through (f) of subsection (1) of
   21  section 948.06, Florida Statutes, are redesignated as paragraphs
   22  (d) through (g), respectively, and a new paragraph (c) is added
   23  to that subsection to read:
   24         948.06 Violation of probation or community control;
   25  revocation; modification; continuance; failure to pay
   26  restitution or cost of supervision.—
   27         (1)
   28         (c) Notwithstanding s. 907.041, at the first appearance of
   29  a probationer or an offender on community control arrested for a
   30  new offense for which the court finds the existence of probable
   31  cause, the court may order pretrial detention or pretrial
   32  release of the person with or without bail to await further
   33  hearing to determine the outcome of a violation hearing. If no
   34  affidavit alleging a violation of probation or community control
   35  is filed with the court within 10 days after arrest for the new
   36  offense, the order regarding pretrial detention or pretrial
   37  release on the uncharged violation of probation or community
   38  control shall be dismissed. This paragraph does not apply to a
   39  probationer or community controllee subject to a hearing on his
   40  or her danger to the community required under subsection (4) or
   41  paragraph (8)(e).
   42         Section 3. This act shall take effect October 1, 2010.