Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1140
       
       
       
       
       
       
                                Ì267094=Î267094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2025           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Gruters) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 65 - 91
    4  and insert:
    5  conditions and sanctions for noncompliance. Except as provided
    6  in paragraph (k), a participant’s term of participation in the
    7  program shall be for the same length as the term of probation
    8  for which he or she was sentenced, but may not exceed the
    9  expiration of the program. Participants are entitled to an
   10  attorney at any court hearing related to the program. A court
   11  shall appoint a public defender for a participant who is
   12  eligible to be represented by a public defender under s. 27.51.
   13         (c) A participant who is ordered to abstain from alcohol
   14  shall be tested twice per day by mobile breath alcohol testing.
   15  Testing shall be completed in person at the participating county
   16  sheriff’s office or an alternate location designated by the
   17  sheriff’s office, approximately 12 hours apart. However, if a
   18  court determines that in-person testing is unreasonably
   19  burdensome to a participant, the participant may instead be
   20  ordered to wear a continuous monitoring device capable of
   21  detecting and signaling the presence of alcohol.
   22         (d) A participant who is ordered to abstain from controlled
   23  substances shall be tested randomly, at least twice every 7
   24  days, with no fewer than 60 hours between tests. Testing shall
   25  be completed in person at the participating county sheriff’s
   26  office or an alternate location designated by the sheriff’s
   27  office, by a method determined by the sheriff.
   28         (e) A missed test, failed test, or alert by a continuous
   29  monitoring device of a positive test result shall be probable
   30  cause that a participant has committed a violation of the
   31  program. However, the presence of a federally approved
   32  medication lawfully prescribed to a participant for the
   33  treatment of a substance use disorder shall not constitute a
   34  failed test or positive test result for purposes of establishing
   35  probable cause under this paragraph.