The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/CS/SB 752
INTRODUCER: Appropriations Committee (Recommended by Appropriations Subcommitte on Criminal
and Civil Justice); Criminal Justice Committee; and Senator Gainer and others
SUBJECT: Probationary or Supervision Services for Misdemeanor Offenders
DATE: March 2, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Siples Jones CJ Fav/CS
2. Atchley Harkness ACJ Recommend: Fav/CS
3. Atchley Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 752 removes a statutory prohibition on a private entity providing probationary or
supervision services to misdemeanor offenders who are sentenced by a circuit court. Under
current law, a private or a public entity may only provide probation services to offenders
sentenced by a county court.
Currently, the Department of Corrections (DOC) must supervise felony and misdemeanor
offenders who are sentenced to or placed on probation or other supervision by a circuit court.
The bill authorizes the DOC to supervise misdemeanor offenders when such supervision is
ordered by the circuit court, but retains the requirement that the DOC supervise felony offenders.
The bill transfers the authority to approve a contract with a private entity to provide supervision
services for misdemeanor offenders from the county court judge or administrative judge to the
chief judge of the circuit.
The bill authorizes probationers or offenders in community control to fulfill the reporting
requirements of their terms and conditions of probation by reporting to their probation office
remotely if approved by the relevant probation officer, county probation authority or entity, or
the DOC and if the court has not excluded remote reporting in his or her order of probation. The
bill requires the probation officer to schedule meetings required as a condition of probation at
BILL: CS/CS/SB 752 Page 2
times and locations that accommodate work schedules, family caregiving obligations, and
medical care of the probationer, unless it poses a threat to public safety.
The bill requires the DOC to implement the graduated incentives system in a manner that
encourages stable employment in addition to promoting compliance with terms of supervision
and prioritizing the highest level of supervision for probationers and offenders presenting the
greatest risk of recidivism. The DOC must incentivize educational achievement by awarding a 60
day reduction in the term of supervision for a probationer or offender in community control who
completes an educational advancement activity, such as obtaining a high school diploma, a high
school equivalency degree, an academic degree, or a vocational certificate, during his or her term
of supervision. A probationer or offender in community control who commits a subsequent
violation of probation may forfeit any reduction awarded for completing an educational
advancement activity, at the discretion of his or her probation officer.
The bill will have an indeterminate fiscal impact on the DOC. See Section V. Fiscal Impact
Statement.
The bill is effective July 1, 2022.
II. Present Situation:
Court Jurisdiction
Florida has a two-tiered trial court system that consists of circuit courts and county courts. The
state Constitution requires a circuit court to be established in each judicial circuit established by
the Legislature, of which there are twenty.1
Circuit courts have exclusive original jurisdiction over:
 All actions at law not cognizable by the county courts;
 Proceedings related to settling estates of decedents and minors, granting testamentary letters,
guardianship, involuntary hospitalization, the determination of incompetency, and other
jurisdiction usually pertaining to probate courts;
 All cases in equity including cases related to juveniles, except traffic offenses as provided in
chs. 316 and 985, F.S.;
 All felonies and all misdemeanors arising out of the same circumstances as a felony which is
also charged;
 All cases involving the legality of any tax assessment or toll or denial of refund, except as
provided in s. 72.011, F.S.;
 Ejectment actions; and
 All actions involving the title and boundaries of real property.2
1
Art. V, ss. 1 and 5, FLA. CONST. A list of judicial circuits can be found at https://www.flcourts.org/Florida-Courts/Trial-
Courts-Circuit (last visited February 17, 2022).
2
Section 26.012(2), F.S.
BILL: CS/CS/SB 752 Page 3
The state Constitution also establishes a county court in each county.3 County courts have
original jurisdiction over:
 Misdemeanor cases not cognizable by the circuit courts;
 Violations of municipal and county ordinances; and
 Actions at law, except those within the exclusive jurisdiction of the circuit courts, in which
the matter in controversy does not exceed $30,000, exclusive of interest, costs, and attorney
fees.4
Generally, felony offenses are adjudicated by the circuit court and misdemeanor offenses are
adjudicated by the county court. However, circuit courts routinely adjudicate misdemeanor
charges when:
 A misdemeanor charge arises out of the same circumstances as a felony; or
 A felony charge is reduced or dismissed in circuit court and the court retains jurisdiction over
the remaining misdemeanor charge.
Probation and Community Control
Probation is a form of community supervision requiring specified contacts with probation
officers and compliance with certain terms and conditions.5 The court determines the terms and
conditions of probation.6 Section 948.03, F.S., provides standard conditions of probation;
however, a court may sentence an offender to special terms and conditions at the time of
sentencing, such as substance abuse treatment. Additionally, a probationer is required to comply
with several standard conditions of probation which may include:
 Reporting to the probation officer as directed.
 Permitting the probation officer to visit the probationer at his or her home.
 Working faithfully at suitable employment, when possible.
 Residing at a specified place.
 Living without violating the law.
 Paying restitution to any aggrieved party for the damage or loss caused by a probationer’s
offense.
 Being prohibited from possessing, carrying, or owning a firearm or weapon, without the
probation officer’s consent.
 Being prohibited from using intoxicants to excess or possessing any drugs or narcotics.7
Community control is a form of intensive individualized supervision of an offender who remains
in the community, but whose freedom is restricted within the home, community, or
noninstitutional residential placement and includes specific sanctions and monitoring by
probation officers with restricted caseloads.8 In addition to the standard conditions which apply
3
Art. V, s. 6, FLA. CONST.
4
Section 34.01(1), F.S. The jurisdictional limit for civil actions was $15,000 prior to January 1, 2020, at which time the
jurisdictional limit was raised to $30,000. The jurisdictional limit is scheduled to rise to $50,000 on January 1, 2023. The law
provides a process by which the jurisdictional limit is to be reviewed and adjusted every 10 years beginning July 1, 2030;
however it may not be lower than $50,000.
5
Section 948.01(8), F.S.
6
Section 948.03, F.S.
7
Section 948.03, F.S.
8
Section 948.001(3), F.S.
BILL: CS/CS/SB 752 Page 4
to normal probationers, an offender on community control must: be confined to an agreed-upon
residence during any hours he or she is away from work or public service activities; complete
mandatory community services; and be supervised by electronic monitoring.9
Education and Learning as a Condition of Probation or Community Control
Section 948.037, F.S., authorizes a court to require an offender who has not obtained a high
school diploma or a high school equivalency diploma or who lacks basic or functional literacy
skills, to make a good faith effort toward attaining literacy skills or a high school equivalency
diploma as a condition of probation or community control.10 A court may not revoke probation
or community control because of an offender’s inability to achieve literacy skills or a diploma,
but may revoke probation or community control if the offender fails to make a good faith effort
towards achieving such skills or diploma.11 A court may grant a probationer or offender in
community control early termination of supervision upon his or her successful completion of an
approved program.
Reduction or Termination of Term of Probation or Community Control
Generally, once a probationer completes the period of probation, he or she is released from
probation and the court no longer retains jurisdiction to sentence the offender for the offense for
which probation was allowed. However, if a probationer has performed satisfactorily, has not
been found in violation of any terms or conditions of supervision, and has met all financial
conditions imposed by the court, including fines, court costs, and restitution, his or her probation
officer may recommend early termination of probation to the court at any time before the
scheduled termination date.12
Early Termination or Conversion to Administrative Probation
Under s. 948.06(4), F.S., upon the probationer’s motion,13 the court shall order early termination
of supervision or convert the supervisory term to administrative probation14 if all of the
following conditions are met:
 The probationer has completed at least half of the term of probation to which he or she was
sentenced.
 The probationer has successfully completed all other conditions of probation.
 The court has not found the probationer in violation of probation pursuant to a filed violation
of probation affidavit at any point during the current supervisory term.
 The parties did not specifically exclude the possibility of early termination or conversion to
administrative probation as part of a negotiated sentence.
 The probationer does not qualify as a violent felony offender of special concern under
s. 948.06(8)(b), F.S.15
9
Section 948.101, F.S.
10
Section 948.037, F.S.
11
Id. “Good faith effort” means the offender is enrolled in a program of instruction and is attending and making satisfactory
progress toward completion of the requirements.
12
Section 948.04, F.S.
13
This provision only applies to a defendant sentenced on or after October 1, 2019. See s. 948.04(4), F.S.
14
“Administrative probation” is a form of no contact, nonreporting supervision. A court may order administrative probation,
or the DOC may transfer an offender to administrative probation under specified circumstances. Section 948.001(1), F.S.
15
Section 948.04(4), F.S.
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However, a court may decline to early terminate the probationary term or convert the term to
administrative probation if it makes written findings that continued reporting probation is
necessary to protect the community or the interest of justice.16 Additionally, an offender on
community control is not eligible to motion for mandatory early termination or conversion to
administrative probation under s. 948.04, F.S.17
Graduated Incentives
Section 948.05(2), F.S., requires the DOC to implement a system of graduated incentives to
promote compliance with the terms of supervision and prioritize the highest levels of supervision
for probationers or offenders presenting the greatest risk of recidivism. As part of the graduated
incentives system, the department may offer, without leave of the court, the following incentives
to a compliant probationer or offender in community control:
 Up to 25 percent reduction of required community service hours;
 Waiver of supervision fees;
 Reduction in frequency of reporting;
 Permission to report by mail or telephone; or
 Transfer of an eligible offender to administration probation as authorized under s. 948.013,
F.S.18
The DOC may also incentivize positive behavior and compliance by recommending to the court
to modify a probationer’s terms of supervision, which may include recommending:
 Permission to travel;
 Reduction of supervision type;
 Modification or cessation of curfew;
 Reduction or cessation of substance abuse testing; or
 Early termination of supervision.19
A probationer or offender in community control may forfeit any previously earned probation
incentive if he or she commits a subsequent violation of probation.20 Graduated incentives are
currently offered at the discretion of the probation officer or court and a probationer or offender
in community control is not entitled to any such graduated incentive.
Educational Attainment Gain Time Award for Inmates
Section 944.275, F.S., authorizes the DOC to grant deductions from prison sentences in the form
of gain time to encourage satisfactory behavior and to provide incentives for inmates to
participate in productive activities. Specifically, s. 944.275(4)(d), F.S., authorizes the DOC to
award an inmate who completes a high school equivalency diploma or vocational certificate a
one-time award of 60 days of incentive gain time.21
16
Section 948.04(5), F.S.
17
Section 948.04(6), F.S.
18
Section 948.05(2)(a), F.S.
19
Section 948.05(2)(b), F.S.
20
Section 948.05(2)(c), F.S.
21
Section 944.275(4)(d), F.S.
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Probationers or offenders in community control are not entitled to a similar reduction of
supervision term under the graduated incentives system or any other statutory authority.
Sentence of Probation
County Court Probation
A defendant who is placed on probation after being found guilty of a misdemeanor may not be
sentenced to a term of supervision exceeding six months, unless otherwise ordered by the court.22
Any person sentenced to misdemeanor probation by the county court must pay at least $40 per
month, as determined by the court, to the court approved public or private entity providing
misdemeanor supervision.23
A private entity or public entity, including licensed substance abuse education and intervention
programs, may provide probation services to offenders sentenced by a county court, when such
services are provided under the supervision of the board of county commissioners or the court.24
For example, the Salvation Army provides supervision services including drug testing, job
assistance, community service placement, and substance abuse assistance and rehabilitation to
misdemeanor probationers in multiple Florida counties.25 Professional Probation Services and its
affiliated company, Judicial Correction Services, provide services in a number of Florida
counties.26
Any private entity providing supervision services for misdemeanor probationers must contract
with the county in which the services will be provided.27 In a county with a population of less
than 70,000, the county court judge, or in a county with more than one county court judge, the
administrative judge of the county court must approve the contract. The terms of the contract
must include, but are not limited to:
 The extent of the services to be rendered by the entity providing supervision and
rehabilitation.
 Staff qualifications and criminal record checks of staff.
 Staffing levels.
 The number of face-to-face contacts with probationers.
 Procedures for handling the collection of probationer fees and restitution.
 Procedures for handling indigent probationers that ensure placement irrespective of ability to