Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 1478
       
       
       
       
       
       
                                Ì184294?Î184294                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/28/2023 12:52 PM       .                                
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       Senator Simon moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 176 - 400
    4  and insert:
    5         Section 2. Paragraph (c) of subsection (1) and paragraphs
    6  (e) and (i) of subsection (9) of section 948.06, Florida
    7  Statutes, are amended to read:
    8         948.06 Violation of probation or community control;
    9  revocation; modification; continuance; failure to pay
   10  restitution or cost of supervision.—
   11         (1)
   12         (c) If a probationer or offender on community control
   13  commits a technical violation, the probation officer shall
   14  determine whether the probationer or offender on community
   15  control is eligible for the alternative sanctioning program
   16  under subsection (9). If the probation officer determines that
   17  the probationer or offender on community control is eligible,
   18  the probation officer may proceed with the alternative
   19  sanctioning program in lieu of filing an affidavit of violation
   20  with the court. If the probationer or offender on community
   21  control is eligible for the alternative sanctioning program and
   22  the violation is a low-risk violation as defined in paragraph
   23  (9)(b), the probation officer must proceed with the alternative
   24  sanctioning program in lieu of filing an affidavit of violation
   25  with the court unless directed by the court to submit or file an
   26  affidavit of violation pursuant to paragraph (9)(i). For
   27  purposes of this section, the term “technical violation” means
   28  an alleged violation of supervision that is not a new felony
   29  offense, misdemeanor offense, or criminal traffic offense.
   30         (9)
   31         (e) For a first or second low-risk violation, as defined in
   32  paragraph (b), within the current term of supervision, a
   33  probation officer shall may offer an eligible probationer one or
   34  more of the following as an alternative sanction:
   35         1. Up to 5 days in the county jail.
   36         2. Up to 50 additional community service hours.
   37         3. Counseling or treatment.
   38         4. Support group attendance.
   39         5. Drug testing.
   40         6. Loss of travel or other privileges.
   41         7. Curfew for up to 30 days.
   42         8. House arrest for up to 30 days.
   43         9.a. Any other sanction as determined by administrative
   44  order of the chief judge of the circuit.
   45         b. However, in no circumstance shall participation in an
   46  alternative sanctioning program convert a withheld adjudication
   47  to an adjudication of guilt.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete lines 10 - 23
   52  and insert:
   53         circumstances; correcting provisions concerning
   54         limiting prison sentences for first-time revocations
   55         for technical violations; revising the definition of
   56         the term “technical violation”; providing that an
   57         alternative sanction is the required method for
   58         resolving certain low-risk violations;