(1) Whenever an offender is required by the court to participate in any work program under the provisions of this chapter, enters into the pretrial intervention program pursuant to s. 948.08, or volunteers to work in a supervised work program conducted by a specified state, county, municipal, or community service organization or to work for the victim, either as an alternative to monetary restitution or as a part of the rehabilitative or community control program, the offender shall be considered an employee of the state for the purposes of chapter 440.
(2) In determining the average weekly wage, unless otherwise determined by a specific funding program, all remuneration received from the employer shall be considered a gratuity, and the offender shall not be entitled to any benefits otherwise payable under s. 440.15, regardless of whether the offender may be receiving wages and remuneration from other employment with another employer and regardless of his or her future wage-earning capacity. The provisions of this section do not apply to any person performing labor under a sentence of a court to perform community services as provided in s. 316.193.
History.—s. 70, ch. 88-122; s. 37, ch. 89-526; s. 8, ch. 90-337; s. 4, ch. 91-280; s. 1877, ch. 97-102; s. 21, ch. 2004-373; s. 141, ch. 2019-167.
Note.—Former s. 948.03(8).
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 948 - Probation and Community Control
948.01 - When Court May Place Defendant on Probation or Into Community Control.
948.012 - Split Sentence of Probation or Community Control and Imprisonment.
948.013 - Administrative Probation.
948.014 - Requirement to Submit to Drawing of Blood or Other Biological Specimens.
948.015 - Presentence Investigation Reports.
948.03 - Terms and Conditions of Probation.
948.031 - Condition of Probation or Community Control; Community Service.
948.032 - Condition of Probation; Restitution.
948.033 - Condition of Probation or Community Control; Criminal Gang.
948.035 - Residential Treatment as a Condition of Probation or Community Control.
948.037 - Education and Learning as a Condition of Probation or Community Control.
948.039 - Special Terms and Conditions of Probation or Community Control Imposed by Court Order.
948.04 - Period of Probation; Duty of Probationer; Early Termination; Conversion of Term.
948.064 - Notification of Status as a Violent Felony Offender of Special Concern.
948.08 - Pretrial Intervention Program.
948.081 - Community Court Programs.
948.09 - Payment for Cost of Supervision and Other Monetary Obligations.
948.10 - Community Control Programs; Home Confinement.
948.101 - Terms and Conditions of Community Control.
948.11 - Electronic Monitoring Devices.
948.12 - Intensive Supervision for Postprison Release of Violent Offenders.
948.15 - Misdemeanor Probation Services.
948.20 - Drug Offender Probation.
948.21 - Condition of Probation or Community Control; Military Servicemembers and Veterans.
948.30 - Additional Terms and Conditions of Probation or Community Control for Certain Sex Offenses.
948.32 - Requirements of Law Enforcement Agency Upon Arrest of Persons for Certain Sex Offenses.
948.51 - Community Corrections Assistance to Counties or County Consortiums.