Florida Senate - 2025 SB 1140 By Senator Gruters 22-00452A-25 20251140__ 1 A bill to be entitled 2 An act relating to a criminal offender substance abuse 3 pilot program; creating s. 948.22, F.S.; creating a 4 substance abuse accountability pilot program in a 5 specified county; providing for eligibility for the 6 program; providing for design and implementation of 7 the program in the county; providing requirements for 8 the program; specifying personnel requirements; 9 authorizing subgrants for personnel needs; specifying 10 that program participation does not supersede ignition 11 interlock requirements; requiring program evaluation 12 by a specified date; requiring a report to certain 13 officials by a specified date; providing for repeal of 14 provisions; providing an appropriation; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 948.22, Florida Statutes, is created to 20 read: 21 948.22 Substance Abuse Accountability Pilot Program.— 22 (1) A Substance Abuse Accountability Pilot Program is 23 established in Hillsborough County from October 1, 2025, through 24 September 30, 2027. 25 (2) Among persons charged with or convicted of a felony or 26 first-degree misdemeanor and who are placed on probation, 27 community control, or any other community sanction, including 28 supervised pretrial release, for which abstention from alcohol 29 or controlled substances is a condition of compliance, a court 30 shall designate a subset identified as eligible for the program. 31 Among this eligible pool, individuals will be randomly assigned 32 to participate in the program. All persons deemed eligible shall 33 have the same probability of assignment to the program. No more 34 than 150 offenders may participate in the program at any one 35 time. 36 (3) The sheriff of the participating county, in 37 consultation with the chief judge of the judicial circuit, the 38 state attorney, and the Department of Corrections, shall design 39 and implement the program. The sheriff may contract with a third 40 party to assist with program design and implementation. However, 41 the program established under this section must include all of 42 the following elements: 43 (a) Notwithstanding any other law, the sheriff shall manage 44 the supervision of all participants during their participation 45 in the program. Upon discharge from the program, the 46 participants shall be managed in accordance with current law for 47 any remaining term of supervision. 48 (b) Participants shall attend an in-person judicial hearing 49 at which a judge shall explain to the participants all program 50 conditions and sanctions for noncompliance. 51 (c) A participant who is ordered to abstain from alcohol 52 shall be tested twice per day by mobile breath alcohol testing. 53 Testing shall be completed in person at the participating county 54 sheriff’s office or an alternate location designated by the 55 sheriff’s office, approximately 12 hours apart. However, if a 56 court determines that in-person testing is unreasonably 57 burdensome to a participant, the participant may instead be 58 ordered to wear a continuous monitoring device capable of 59 detecting and signaling the presence of alcohol. 60 (d) A participant who is ordered to abstain from controlled 61 substances shall be tested randomly, at least twice every 7 62 days, with no fewer than 60 hours between tests. Testing shall 63 be completed in person at the participating county sheriff’s 64 office or an alternate location designated by the sheriff’s 65 office, by a method determined by the sheriff. 66 (e) Missed tests, failed tests, and alerts by a continuous 67 monitoring device of a positive test result shall be probable 68 cause that a participant has violated the program. 69 (f) If there is probable cause that a participant has 70 violated the program, the participant shall be arrested at the 71 earliest opportunity and held in county jail until an appearance 72 before a judge no later than 24 hours after the participant’s 73 arrest. 74 (g) Upon a judicial finding that a participant has violated 75 the program, the participant shall serve 24 hours in county 76 jail, with credit for time served between the arrest of the 77 participant and the judicial finding of a violation. Penalties 78 under this paragraph may not be waived or modified. 79 (h) A participant who is arrested and held under this 80 section whose alleged violation is not adjudicated within 24 81 hours of the participant’s arrest must be released at the 82 earliest possible opportunity. Release of a participant under 83 this paragraph does not end the offender’s participation in the 84 program. 85 (i) A court may reduce the frequency of testing for alcohol 86 consumption to once per day for a participant who has zero 87 adjudicated program violations for 60 consecutive days. 88 (j) A court may reduce the frequency of testing for 89 controlled substances to once per week for a participant who has 90 zero adjudicated program violations for 6 consecutive months. 91 (k) Upon five adjudicated violations of program conditions, 92 a court may discharge the participant from the program and 93 sentence the offender as authorized by law. Nothing in this 94 paragraph shall preclude a court from modifying the conditions 95 of a participant’s supervision, including revocation of 96 supervision, upon any other violation of supervision conditions. 97 (l) Participants shall pay all fees associated with 98 participation in the program. However, a court may reduce 99 program fees for a participant who has been declared indigent. 100 (4) The program established under this section shall 101 include a program coordinator, whose duties shall include 102 identifying and hiring personnel to ensure efficient 103 administration of the program. The sheriff of the participating 104 county may make subgrants to any appropriate agency for hiring 105 personnel under this subsection. 106 (5) A court may not order participation in the program in 107 lieu of mandatory placement of an ignition interlock device as 108 described in s. 316.193. 109 (6) By June 30, 2028, the Attorney General shall complete 110 an evaluation of program effectiveness. The Attorney General 111 shall determine the metrics to be evaluated and may contract 112 with a third party to conduct any program evaluations. 113 (7) A report on the pilot program, including results of all 114 program evaluations, shall be delivered to the Governor, the 115 President of the Senate, and the Speaker of the House of 116 Representatives by November 30, 2028. 117 (8) This section is repealed November 30, 2028. 118 Section 2. For fiscal year 2025-2026, the nonrecurring sum 119 of $2.5 million to the sheriff in Hillsborough County shall be 120 appropriated from the Opioid Settlement Trust Fund. Funds 121 appropriated under this section may be used for any expenses 122 related to establishing and administering the program through 123 September 30, 2027, including personnel, equipment, training and 124 technical assistance, payments for jail space, data collection, 125 program evaluations, and program fees for indigent participants. 126 Section 3. This act shall take effect July 1, 2025.