Florida Senate - 2020                                    SB 7064
       
       
        
       By the Committee on Judiciary
       
       
       
       
       
       590-03975-20                                          20207064__
    1                        A bill to be entitled                      
    2         An act relating to probation violations; amending s.
    3         948.06, F.S.; requiring a court to modify or continue
    4         a probationary term upon finding that a probationer
    5         has met all specified conditions, rather than any of
    6         the conditions, after a violation of probation;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (f) of subsection (2) of section
   12  948.06, Florida Statutes, is amended to read:
   13         948.06 Violation of probation or community control;
   14  revocation; modification; continuance; failure to pay
   15  restitution or cost of supervision.—
   16         (2)
   17         (f)1. Except as provided in subparagraph 3. or upon waiver
   18  by the probationer, the court shall modify or continue a
   19  probationary term upon finding a probationer in violation when
   20  all any of the following apply applies:
   21         a. The term of supervision is probation.
   22         b. The probationer does not qualify as a violent felony
   23  offender of special concern, as defined in paragraph (8)(b).
   24         c. The violation is a low-risk technical violation, as
   25  defined in paragraph (9)(b).
   26         d. The court has not previously found the probationer in
   27  violation of his or her probation pursuant to a filed violation
   28  of probation affidavit during the current term of supervision. A
   29  probationer who has successfully completed sanctions through the
   30  alternative sanctioning program is eligible for mandatory
   31  modification or continuation of his or her probation.
   32         2. Upon modifying probation under subparagraph 1., the
   33  court may include in the sentence a maximum of 90 days in county
   34  jail as a special condition of probation.
   35         3. Notwithstanding s. 921.0024, if a probationer has less
   36  than 90 days of supervision remaining on his or her term of
   37  probation and meets the criteria for mandatory modification or
   38  continuation in subparagraph 1., the court may revoke probation
   39  and sentence the probationer to a maximum of 90 days in county
   40  jail.
   41         4. For purposes of imposing a jail sentence under this
   42  paragraph only, the court may grant credit only for time served
   43  in the county jail since the probationer’s most recent arrest
   44  for the violation. However, the court may not order the
   45  probationer to a total term of incarceration greater than the
   46  maximum provided by s. 775.082.
   47         Section 2. This act shall take effect upon becoming a law.