Florida 2019 Regular Session Status: In Committee

HB 963 — Probation Violations

Last action — Died in Judiciary Committee, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

288 added · 277 removed

288 line(s) added, 277 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 A bill to be entitled An act relating to probation violations;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 A bill to be entitled An act relating to probation violations;
requiring a court to modify or continue probation for a first-time, low-risk technical violation under certain circumstances;
limiting a court to a specified maximum sentence for a first-time, low-risk technical violation under certain circumstances;
authorizing the court to impose the recommended sanction or direct the department to submit a violation report, affidavit, and warrant to the court;
authorizing the court to Page 1 of 11 CODING:
specifying that a probationer's participation in the program is voluntary;
authorizing a probation officer to submit a Page 1 of 11 CODING:
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 violation report, affidavit, and warrant to the court in certain circumstances;
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 impose the recommended sanction or direct the department to submit a violation report, affidavit, and warrant to the court;
specifying that a probationer's participation in the program is voluntary;
authorizing a probation officer to submit a violation report, affidavit, and warrant to the court in certain circumstances;
failure to pay restitution or cost of supervision.— (1) (c) If a probationer or offender on community control commits a technical violation, the probation officer shall determine whether he or she is eligible for the alternative sanctioning program under subsection (9).
failure to pay restitution or cost of supervision.— (1) (c) If a probationer or offender on community control Page 2 of 11 CODING:
If the probationer or offender on community control is eligible, the probation officer may proceed with the alternative sanctioning program in lieu of Page 2 of 11 CODING:
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 filing an affidavit of violation with the court.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 commits a technical violation, the probation officer shall determine whether he or she is eligible for the alternative sanctioning program under subsection (9).
If the probationer or offender on community control is eligible, the probation officer may proceed with the alternative sanctioning program in lieu of filing an affidavit of violation with the court.
d.
The process for reporting technical violations through the alternative sanctioning program, including approved forms.
3.
If an offender is alleged to have committed a technical violation of supervision that is eligible for the program, the offender may:
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 a.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 d.
The process for reporting technical violations through the alternative sanctioning program, including approved forms.
3.
If an offender is alleged to have committed a technical violation of supervision that is eligible for the program, the offender may:
a.
If the offender admits to committing the technical violation and agrees with the probation officer's recommended sanction, the probation officer must, before imposing the sanction, submit the recommended sanction to the court as well as documentation reflecting the offender's admission to the technical violation and agreement with the recommended sanction.
If the offender admits to committing the technical violation and agrees with the probation officer's recommended Page 4 of 11 CODING:
5.
The court may impose the recommended sanction or may Page 4 of 11 CODING:
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 direct the department to submit a violation report, affidavit, and warrant to the court in accordance with this section.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 sanction, the probation officer must, before imposing the sanction, submit the recommended sanction to the court as well as documentation reflecting the offender's admission to the technical violation and agreement with the recommended sanction.
5.
The court may impose the recommended sanction or may direct the department to submit a violation report, affidavit, and warrant to the court in accordance with this section.
c.
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words underlined are additions.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 c.
A Page 5 of 11 CODING:
A probationer who has successfully completed sanctions through the alternative sanctioning program is eligible for mandatory modification or continuation of his or her probation.
Words stricken are deletions;
words underlined are additions.
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 probationer who has successfully completed sanctions through the alternative sanctioning program is eligible for mandatory modification or continuation of his or her probation.
(9)(a) For a first or second low-risk violation, as provided in paragraph (b), within the current term of supervision, a probation officer may offer an eligible probationer one or more of the following as an alternative sanction:
4.
For purposes of imposing a jail sentence under this paragraph only, the court may grant credit only for time served in the county jail since the probationer's most recent arrest for the violation.
However, the court may not order the probationer to a total term of incarceration greater than the statutory maximum provided by s.
775.082.
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(9)(a) For a first or second low-risk violation, as provided in paragraph (b), within the current term of Page 6 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 supervision, a probation officer may offer an eligible probationer one or more of the following as an alternative sanction:
Page 6 of 11 CODING:
9.
Words stricken are deletions;
words underlined are additions.
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 9.
Failure to meet a monthly quota on any required probation condition, including, but not limited to, making restitution payments, payment of court costs, and completing community service hours.
Failure to meet a monthly quota on any required probation condition, including, but not limited to, making Page 7 of 11 CODING:
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words underlined are additions.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 restitution payments, payment of court costs, and completing community service hours.
(c) For a first time moderate-risk violation, as provided in paragraph (d), within the current term of supervision, a probation officer, with supervisor approval, may offer an Page 7 of 11 CODING:
(c) For a first time moderate-risk violation, as provided in paragraph (d), within the current term of supervision, a probation officer, with supervisor approval, may offer an eligible probationer or offender on community control one or more of the following as an alternative sanction:
Words stricken are deletions;
words underlined are additions.
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 eligible probationer or offender on community control one or more of the following as an alternative sanction:
2.
Page 8 of 11 CODING:
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words underlined are additions.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 2.
The violation is a felony, misdemeanor, or criminal Page 8 of 11 CODING:
The violation is a felony, misdemeanor, or criminal traffic offense.
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words underlined are additions.
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 traffic offense.
(f) If a probationer or offender on community control is eligible for the alternative sanctioning program, he or she may:
Page 9 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 (f) If a probationer or offender on community control is eligible for the alternative sanctioning program, he or she may:
Page 9 of 11 CODING:
a.
Words stricken are deletions;
words underlined are additions.
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 a.
(g) If the probationer or offender on community control admits to committing the technical violation and agrees with the probation officer's recommended sanction, the probation officer must, before imposing the sanction, submit the recommended sanction to the court with documentation reflecting the probationer's admission to the technical violation and agreement with the recommended sanction.
(g) If the probationer or offender on community control admits to committing the technical violation and agrees with the probation officer's recommended sanction, the probation officer must, before imposing the sanction, submit the recommended sanction to the court with documentation reflecting the probationer's admission to the technical violation and agreement Page 10 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
hb0963-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 963 2019 with the recommended sanction.
(j) If a probationer or offender on community control waives or discontinues participation in the program or fails to successfully complete all alternative sanctions within 90 days Page 10 of 11 CODING:
(j) If a probationer or offender on community control waives or discontinues participation in the program or fails to successfully complete all alternative sanctions within 90 days of imposition or within the timeframe specified in the agreed upon sanction, the probation officer may submit a violation report, affidavit, and warrant to the court.
Words stricken are deletions;
words underlined are additions.
hb0963-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 963 2019 of imposition or within the timeframe specified in the agreed upon sanction, the probation officer may submit a violation report, affidavit, and warrant to the court.
hb0963-00
hb0963-01-c1
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Action History

  1. Died in Judiciary Committee, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167)

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Judiciary Committee

  4. Favorable by Justice Appropriations Subcommittee; YEAS 9 NAYS 0

  5. On Committee agenda-- Justice Appropriations Subcommittee, 03/26/19, 3:30 pm, Morris Hall

  6. CS by Criminal Justice Subcommittee read 1st time

  7. Now in Justice Appropriations Subcommittee

  8. Pending review of CS under Rule 7.18(c)

  9. CS by Criminal Justice Subcommittee; YEAS 13 NAYS 0

  10. Introduced

  11. On Committee agenda-- Criminal Justice Subcommittee, 03/05/19, 1:30 pm, Sumner Hall

  12. Referred to Criminal Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee

  13. Filed

Sponsors

  • Criminal Justice Subcommittee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Criminal Justice Subcommittee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (Justice Appropriations Subcommittee)

Passed 9 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Republican 2002
Democrat 1000
Total 9003
% of votes cast 75%0%0%25%
How each member voted (12)
Member Party Vote
Byrd — Yea
Payne — Yea
Pritchett — Yea
Renner — Yea
Beltran — Not Voting
Fernandez-Barquin — Yea
Slosberg — Yea
Gottlieb, Michael "Mike" Democrat Yea
DiCeglie, Nick Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Stark, Paula A. Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Favorable With Committee Substitute (Criminal Justice Subcommittee)

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12000
Republican 0001
Democrat 1000
Total 13001
% of votes cast 93%0%0%7%
How each member voted (14)
Member Party Vote
Donalds — Yea
Eagle — Yea
Santiago — Yea
Fitzenhagen — Yea
Grant, J. — Yea
Grieco — Yea
Hattersley — Yea
Roach — Yea
Robinson — Yea
Webb — Yea
Bush — Yea
Fernandez-Barquin — Yea
Gottlieb, Michael "Mike" Democrat Yea
McClain, Stan Republican Not Voting

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 963?
HB 963 is sponsored by Criminal Justice Subcommittee.
What is the current status of HB 963?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 963?
Track HB 963 free on One Click Politics — get push/email alerts when it moves.

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