(1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08.
(2) The Department of Corrections shall develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan. The program may include the use of graduated sanctions consistent with the conditions imposed by the court. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered.
(3) Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06.
History.—s. 14, ch. 91-225; s. 6, ch. 97-239; s. 4, ch. 2001-55; s. 10, ch. 2004-373; s. 7, ch. 2009-64; s. 5, ch. 2011-33; s. 137, ch. 2019-167.
Note.—Former s. 948.01(13).
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.