Florida Senate - 2022                                     SB 752
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-00980-22                                             2022752__
    1                        A bill to be entitled                      
    2         An act relating to probationary or supervision
    3         services for misdemeanor offenders; amending s.
    4         948.01, F.S.; deleting a prohibition on private
    5         entities providing probationary or supervision
    6         services to certain misdemeanor offenders; providing
    7         an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (1) and subsection
   12  (5) of section 948.01, Florida Statutes, are amended to read:
   13         948.01 When court may place defendant on probation or into
   14  community control.—
   15         (1) Any state court having original jurisdiction of
   16  criminal actions may at a time to be determined by the court,
   17  with or without an adjudication of the guilt of the defendant,
   18  hear and determine the question of the probation of a defendant
   19  in a criminal case, except for an offense punishable by death,
   20  who has been found guilty by the verdict of a jury, has entered
   21  a plea of guilty or a plea of nolo contendere, or has been found
   22  guilty by the court trying the case without a jury.
   23         (a) If the court places the defendant on probation or into
   24  community control for a felony, the department shall provide
   25  immediate supervision by an officer employed in compliance with
   26  the minimum qualifications for officers as provided in s.
   27  943.13. A private entity may not provide probationary or
   28  supervision services to felony or misdemeanor offenders
   29  sentenced or placed on probation or other supervision by the
   30  circuit court.
   31         (5) The imposition of sentence may not be suspended and the
   32  defendant thereupon placed on probation or into community
   33  control unless the defendant is placed under the custody of the
   34  department or another public or private entity. A private entity
   35  may not provide probationary or supervision services to felony
   36  or misdemeanor offenders sentenced or placed on probation or
   37  other supervision by the circuit court.
   38         Section 2. This act shall take effect July 1, 2022.