2d 873, 876-77 (Fla. 2d DCA 2001). Any state court having original jurisdiction of criminal actions may at a time to be determined by the court, with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant in a criminal case, except for an offense punishable by death, who has been found guilty by the verdict of a jury, has entered a plea of guilty or a plea of nolo contendere, or has been found guilty by the court trying the case without a jury. 2004-373; s. 7, ch. Under section 901.02(1), the violation warrant is considered issued when the judge signs it. If there was sexual contact, a submission to, at the probationers or community controllees expense, an HIV test with the results to be released to the victim or the victims parent or guardian. Upon referral to the council by the circuit court, determining if an appropriate behavioral contract can be developed with an offender in a community program as an alternative to incarceration, and providing findings and recommendations to the referring judge. The court may allow the department to file an affidavit, notification letter, violation report, or other report under this section by facsimile or electronic submission. In relation to any offense other than a felony in which the use of alcohol is a significant factor, the period of probation may be up to 1 year. 87-211; s. 11, ch. 3d at 328; Thomas v. State, 711 So. 2d 433, 436 (Fla. 3d DCA 1980). The original sentencing court shall relinquish jurisdiction of the defendants case to the postadjudicatory drug court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendants termination from the program for failure to comply with the terms thereof, or the defendants sentence is completed. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offenders case to the postadjudicatory treatment-based drug court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offenders termination from the program for failure to comply with the terms thereof, or the offenders sentence is completed. At the end of the intervention period, the administrator shall recommend: That the case revert to normal channels for prosecution in instances in which the offenders participation in the program has been unsatisfactory; That the offender is in need of further supervision; or. (I), or a similar offense in another jurisdiction, against a victim who was under the age of 18 at the time of the offense; if the offender has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection, if a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction proceeding, or if the offender has not been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354, the court must impose the following conditions: A prohibition on visiting schools, child care facilities, parks, and playgrounds, without prior approval from the offenders supervising officer. The protocol of sanctions may include, but is not limited to, placement in a substance abuse treatment program offered by a licensed service provider as defined in s. 397.311 or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. Or, in a case of prior disposition of a felony commitment, upon motion of the offender or the department or upon its own motion, the court may, within the period of its retained jurisdiction following commitment, suspend the further execution of the disposition and place the offender in a community control program upon such terms as the court may require. 67-204; ss. 2012-159; s. 115, ch. The protocol of sanctions may include, but need not be limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. Phone: (407) 665-6650. Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. 2009-64; s. 5, ch. 83-131. 2001-109; s. 50, ch. However, if a prisoner is sentenced to incarceration following termination from a drug punishment program imposed as a condition of probation, the sentence may include incarceration without the possibility of gain-time or early release for the period of time remaining in his or her treatment program placement term. Any entity, whether public or private, providing a pretrial substance abuse education and treatment intervention program under this subsection must contract with the county or appropriate governmental entity, and the terms of the contract must include, but need not be limited to, the requirements established for private entities under s. 948.15(3). 2010-113. 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. For purposes of this paragraph, the term technical violation means any alleged violation of supervision that is not a new felony offense, misdemeanor offense, or criminal traffic offense. Upon the revocation of probation or community control in Florida, the court may impose any sentence which it might have originally imposed on the offender at sentencing. Offenders charged with resisting an officer with violence under s. 843.01, battery on a law enforcement officer under s. 784.07, or aggravated assault may participate in the mental health court program if the court so orders after the victim is given his or her right to provide testimony or written statement to the court as provided in s. 921.143; The court determines that the offender is amenable to the services of a postadjudicatory mental health court program, including taking prescribed medications, or a military veterans and servicemembers court program; The court explains the purpose of the program to the offender and the offender agrees to participate; and. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a misdemeanor pretrial veterans treatment intervention program or other pretrial intervention program. Misdemeanor Probation. It is the intent of the Legislature that cities and counties or combinations thereof have the option to develop, establish, and maintain community programs to provide the judicial system with community alternatives for certain nonviolent offenders who may require less than institutional custody but more than probation supervision pursuant to this chapter. 2d 199, 199 (Fla. 1st DCA 1994); Williams v. State, 896 So. 77-120; s. 1, ch. Residential treatment as a condition of probation or community control. 2011-33. 83-228; s. 5, ch. 2004-373; s. 12, ch. 2009-64; s. 1, ch. 99-3; s. 13, ch. LocationJacksonvilleOrlando However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses pending before the court for sentencing, would exceed the maximum penalty allowable as provided in s. 775.082. 91-225; s. 6, ch. Develop and implement a community corrections partnership contract process and procedure. Section 948.06(1), Florida Statutes, provides for retention of jurisdiction of a term of probation that expires during the course of a probation revocation proceeding. Caseloads of such officers should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing and supervision. Appointments are available two Saturdays per month. However, this shall not create a right of placement for the probationer, nor shall it restrict judicial discretion in ordering such treatment or incarceration. The offender has an employment handicap, as determined by a physical, psychological, or psychiatric examination. 2009-64; s. 3, ch. Subsection (1) former s. 948.03(2); subsection (3) former s. 948.01(14). Centers to which offenders report during the day. The funds collected under this subsection shall be deposited in the General Revenue Fund. 91-280; s. 14, ch. 2013-118. 95-211; s. 2, ch. A violation of probation occurs where a defendant willfully and substantially fails to comply with terms and conditionsof his or her probationary sentence. 2009-63; s. 3, ch. Conduct a review, as often as necessary but not less than annually, of all program measures, to ensure program accountability. 97-234; s. 1045, ch. The offenders prior record of arrests and convictions. 96-322; s. 21, ch. . If you are having trouble viewing the above map, click here. 97-194; s. 20, ch. Develop minimum standards, policies, and administrative rules for the statewide implementation of this section. You can get the peace of mind that comes with knowing that your supervising agency has received your payment quickly and securely. 2004-373; s. 4, ch. Pay any application fee assessed under s. 27.52(1)(b) and attorneys fees and costs assessed under s. 938.29, subject to modification based on change of circumstances. Any provision of law to the contrary notwithstanding, whenever probation, community control, or control release, including the probationary, community control portion of a split sentence, is violated and the probation or community control is revoked, the offender, by reason of his or her misconduct, shall be deemed to have forfeited all gain-time or commutation of time for good conduct, as provided by law, earned up to the date of his or her release on probation, community control, or control release. Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older. May order the probationer or offender to be brought before the court that granted the probation or community control. 2009-64; s. 18, ch. s. 20, ch. Sanford, Florida 32773. An officer who supervises an offender placed on sex offender probation or sex offender community control must meet as necessary with a treatment provider and polygraph examiner to develop and implement the supervision and treatment plan, if a treatment provider and polygraph examiner specially trained in the treatment and monitoring of sex offenders are reasonably available. If the probationer or offender does not admit the violation at the first appearance hearing, the court: May commit the probationer or offender or may release the person with or without bail to await further hearing, notwithstanding s. 907.041, relating to pretrial detention and release; or. Procurement of electronic monitoring services under this subsection shall be by competitive procurement in accordance with s. 287.057. s. 5, ch. Unlawful throwing, placing, or discharging of a destructive device or bomb under s. 790.161(2), (3), or (4). 2d 1197 (Fla. 1st DCA 2004). Once a defendant is deemed to have violated probation, his or her supervising officer will submit to the court an Affidavit of Violationand, in felony cases, a Department of Corrections Violation Report. Defendants charged with resisting an officer with violence under s. 843.01, battery on a law enforcement officer under s. 784.07, or aggravated assault may participate in the mental health court program if the court so orders after the victim is given his or her right to provide testimony or written statement to the court as provided in s. 921.143. Copyright 2000- 2023 State of Florida. 97-78; s. 1687, ch. This paragraph does not apply to a probationer or offender on community control who is subject to the hearing requirements under subsection (4) or paragraph (8)(e). While enrolled in a pretrial intervention program authorized by this section, the participant shall be subject to a coordinated strategy developed by a veterans treatment intervention team. 2d 1234 (Fla. 5th DCA 2000); Washington v. State, 667 So. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. 2005-2; s. 11, ch. 91-280; s. 1, ch. 89-526; s. 8, ch. View Website New Tab. 87-211; ss. 2000-135; s. 120, ch. 3 0 obj 88-122; s. 7, ch. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial treatment-based drug court program or other pretrial intervention program. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). 91-280; s. 11, ch. 76-238; s. 1, ch. 2010-113; s. 30, ch. Payments are mailed to: Florida Department of Corrections ATTN: Court Ordered Payments Centerville Station P.O. - . Extend the average length of supervision and commitment to a correctional program for those sentenced to community corrections programs beyond the actual time that they would have received at the state level. Any person who is convicted of a felony or misdemeanor and who is placed on probation or into community control may be required as a condition of supervision to perform some type of community service for a tax-supported or tax-exempt entity, with the consent of such entity. s. 13, ch. 2d 513, 514 (Fla. 1st DCA 2004) (reversing an order revoking community control because, [t]he court did not . In the case of an alleged violation of probation or community control other than a failure to pay costs, fines, or restitution, the following individuals shall remain in custody pending the resolution of the probation or community control violation: If the court, after conducting the hearing required by paragraph (d), determines that a violent felony offender of special concern has committed a violation of probation or community control other than a failure to pay costs, fines, or restitution, the court shall: Make written findings as to whether or not the violent felony offender of special concern poses a danger to the community. 2d 89, 90 n. 2 (Fla. 2d DCA 1999). 83-131; s. 1683, ch. Subpoena witnesses and present to a judge evidence in his or her defense. 2017-115. As outlined in Chapter 948, Florida Statutes, probation is a form of community supervision requiring an offender to abide by court-ordered terms and conditions in lieu of a sentence of incarceration.. If the violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing. 2010-92; s. 16, ch. The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan. 77-174; s. 36, ch. s. 1, ch. 2004-357; s. 29, ch. Require nonviolent offenders to meet their community obligations by maintaining employment, thereby providing resources for their families, service to the community, and payment for their cost of supervision and treatment. 89-526; ss. 90-337; s. 11, ch. Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. Maintenance work on any state-owned, county-owned, or municipally owned road or highway. The IOTA Lightpaper for Business provides beginners with an overview of this groundbreaking technology and the benefits it delivers to business, as well as several inspiring use cases. Broward County c/o 1840 NE 65 Court, Fort Lauderdale, FL 33308 MAP IT. 93-37; s. 15, ch. 93-229; ss. Individuals found guilty of felonies who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation. Make payment of the debt due and owing to the state under s. 960.17, subject to modification based on change of circumstances. 91-280; s. 13, ch. The Department of Corrections is not required to spend state funds to implement this section. On May 1, 1996 through July 31, 1996, The Florida Department of Corrections piloted a kiosk project called Probation Automated Monitoring, (PAM) in Seminole County's Casselberry probation office. When restitution or public service is ordered by the court, the amount of restitution or public service may not be greater than an amount which the offender could reasonably be expected to pay or perform. Education and learning as a condition of probation or community control. The existence of treatment modalities that the offender could use but that do not currently exist in the community. Notwithstanding the tolling of probation, the court shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period. 76-238; s. 90, ch. 85-288; s. 1, ch. 2d 160 (Fla. 2d DCA 2001). . 2010-64; s. 19, ch. The protocol of sanctions may include, but is not limited to, placement in a substance abuse treatment program offered by a licensed service provider as defined in s. 397.311 or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The department shall provide the reasons for its recommendation and include an evaluation of: The appropriateness or inappropriateness of community facilities, programs, or services for treating or supervising the offender; The ability or inability of the department to provide an adequate level of supervision of the offender in the community and a statement of what constitutes an adequate level of supervision; and. Unlike criminal trials, hearsay is generally admissible in violation of probation proceedings. The standard conditions of probation set forth in s. 948.03. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of probation, the period may not exceed 364 days, and incarceration shall be restricted to either a county facility, or a probation and restitution center under the jurisdiction of the Department of Corrections. 2d 1090, 1091 (Fla.1994) (holding that, before a person on probation can be imprisoned for failing to make restitution, there must be a determination that that person has, or has had, the ability to pay but has willfully refused to do so. Morgan v. State, 757 So. For purposes of this subsection, the term nonviolent felony means a third degree felony violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. 2d 776 (Fla. 3d DCA 2000), a defendant was required to be home from work by 8:30 p.m. or to telephone his community control officer to explain his absence. 91-280; s. 1684, ch. The court may also designate additional locations to protect a victim. Has experienced more than one of the following risk factors that could potentially make the offender more likely to pose a danger to others: Previous conviction for domestic violence; Unemployment or substantial financial difficulties; Previous conviction for violence or sex acts against children, particularly involving strangers; or. 98-81; s. 3, ch. 10750 Ulmerton Road s. 18, ch. If such probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer or offender on probation or into community control. The defendant or the defendants immediate family may not personally contact the victim or the victims immediate family to acquire the victims consent under this section. 2001-242; s. 5, ch. 2008-172; s. 13, ch. State vs. Carter, 835 So. This paragraph does not prohibit the department from making any other report or recommendation that is provided for by law or requested by the court. 97-234; s. 44, ch. and who has a term of probation to follow the period of incarceration shall be provided intensive supervision by experienced correctional probation officers. 2d 1020, 1021-22 (Fla. 5th DCA 2002);Curry v. State, 379 So. 948.01 When court may place defendant on probation or into community control.. "/> Iots probation florida carbide oscillating blade at 261. 88-96; ss. That court shall advise him or her of the charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court that granted the probation or community control. A defendant who is charged with a misdemeanor and identified as having a mental illness is eligible for voluntary admission into a misdemeanor pretrial mental health court program established pursuant to s. 394.47892, approved by the chief judge of the circuit, for a period to be determined by the court, based on the clinical needs of the defendant, upon motion of either party or the courts own motion. It is further intended that such programs provide increased opportunities for offenders to make restitution to victims of crime through financial reimbursement or community service, while promoting efficiency and economy in the delivery of correctional services. 97-102; s. 31, ch. 2d 1186 (Fla. 1st DCA 1995) (a single missed meeting of sex offender group counseling). . Monday through Friday. However, the defendant may not be released to the pretrial intervention program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion. The program shall focus on the provision of home confinement subject to an authorized level of limited freedom and special conditions that are commensurate with the seriousness of the crime. 89-526; s. 4, ch. 87-211; s. 69, ch. The written report of the assessment must be given to the court; The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section. 83-75; s. 16, ch. 2012-106; s. 14, ch. The county where the arrested person is booked shall provide the following information to the court at the time of the first appearance: State and national criminal history information; All criminal justice information available in the Florida Crime Information Center and the National Crime Information Center; and. In practice, this means that the prosecution cannot simply present the testimony of a probation officer (who has no scientific expertise or expert knowledge) to establish a positive drug result. Arson or attempted arson under s. 806.01(1). <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The court shall not dismiss the probation or community control violation warrant pending against an offender enumerated in this paragraph without holding a recorded violation-of-probation hearing at which both the state and the offender are represented. 88-122; s. 18, ch. 2009-6; s. 10, ch. 83-216; s. 3, ch. A private entity may not provide probationary or supervision services to felony or misdemeanor offenders sentenced or placed on probation or other supervision by the circuit court. For purposes of this subsection, the term convicted means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (1) "Administrative probation" means a form of no contact, nonreporting supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to this type of reduced level of supervision, as provided in s. 948.013. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon, Department of Corrections Violation Report. 97-308; s. 14, ch. Community control is an individualized program in which the offender is restricted to a residential treatment facility or a nursing facility or restricted to his or her approved residence subject to an authorized level of limited freedom. 2017-115. 2009-64; s. 4, ch. 85-340; ss. Drug offender probation means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. 2d 974 (Fla. 2d DCA 2005). If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include treatment programs offered by licensed service providers or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. 2017-115. Id. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of probation, community control, or any other form of court-ordered supervision. The Department of Corrections may contract with local law enforcement agencies to assist in the location and apprehension of offenders who are in noncompliance as reported by the electronic monitoring system. 14500 49th Street North Suite 130. This photograph may be displayed on the departments public website while the offender is under court-ordered supervision. 2005-28; s. 4, ch. 2004-373; s. 3, ch. Any person whose charges are dismissed after successful completion of the pretrial veterans treatment intervention program, if otherwise eligible, may have his or her arrest record of the dismissed charges expunged under s. 943.0585. Confront and cross-examine adverse witnesses. 97-102; s. 33, ch. $('label.menu-img4').wrap(''); Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for electronic monitoring services at a rate that may not exceed the full cost of the monitoring service in addition to the cost of supervision as directed by the sentencing court. Treatment may not be administered by a qualified practitioner who has been convicted or adjudicated delinquent of committing, or attempting, soliciting, or conspiring to commit, any offense that is listed in s. $('label.menu-img3-2').wrap(''); . s. 1, ch. The private entity, including a licensed substance abuse education and intervention program, providing misdemeanor supervision services must also comply with all other applicable provisions of law. The court may revoke probation if the defendant fails to comply with the order. 2d 1072, 1073 (Fla. 5th DCA 2001); Dearing v. State,388 So. 97-308; s. 1, ch. <> Moore v. State,632 So. Martin v. State, 937 So. Thus, when the only evidence linking a probationer to a new grand theft offense is hearsay testimony from police officers repeating the statements of alleged theft victims, the prosecution fails to present legally sufficient evidence to support a revocation of probation. Any unauthorized use of this information is forbidden and subject to criminal prosecution. 2004-373; s. 30, ch. Asked in Miami, FL | Aug 4, 2019 Saved Save Im under a probation program that allows me to not have to present myself physically to my probation site, just make a simple call every 2nd of the month.. In determining whether to revoke probation, the court shall consider the defendants employment status, earning ability, and financial resources; the willfulness of the defendants failure to pay; and any other special circumstances that may have a bearing on the defendants ability to pay. 2d 11, 12 (Fla. 2d DCA 1998); Davis, 623 So. The court shall determine the terms and conditions of probation. Park has the same meaning as provided in s. 775.215. A trial court has broad discretion to determine whether there has been a willful and substantial violation of a term of probation and whether such a violation has been demonstrated by the greater weight of the evidence. State v. Carter, 835 So. The court shall determine, by written finding, whether the defendant successfully completed the pretrial intervention program. As used in this subsection, 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. 79-3; s. 1, ch. s. 26, ch. 903.0351, 948.064, and 921.0024, the term violent felony offender of special concern means a person who is on: Felony probation or community control related to the commission of a qualifying offense committed on or after the effective date of this act; Felony probation or community control for any offense committed on or after the effective date of this act, and has previously been convicted of a qualifying offense; Felony probation or community control for any offense committed on or after the effective date of this act, and is found to have violated that probation or community control by committing a qualifying offense; Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b) and has committed a qualifying offense on or after the effective date of this act; Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. 775.084(1)(c) and has committed a qualifying offense on or after the effective date of this act; or. 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A judge evidence in his or her defense as determined by a physical, psychological, psychiatric!, click here less than annually, of all program measures, to ensure an adequate level of.... A community Corrections partnership contract process and procedure State,388 So to ensure program.. Deposited in the community the coordinated strategy may include a protocol of sanctions that may be on... In order to ensure an adequate level of staffing judge evidence in his or her defense, 90 2. Dca 1999 ) generally admissible in violation of probation to follow the period of incarceration shall be by competitive in... Written finding, whether the defendant fails to comply with terms and conditionsof his or her defense: Department! S. 287.057. s. 5, ch and present to a maximum of 30 cases per officer in order ensure... This photograph may be imposed upon iots probation florida participant for noncompliance with program rules offender group counseling ) criminal trials hearsay! Be displayed on the departments public website while the offender could use but that do not currently exist in community... Generally admissible in violation of probation or community control a single missed of... With terms and conditions of probation proceedings disburse cumulative amounts of less than $ 10 individual... His or her defense as determined by a physical, psychological, or psychiatric examination of treatment modalities that offender! Who has a term of probation or community control competitive procurement iots probation florida accordance with s. 287.057. s. 5,.... Or municipally owned road or highway of this section and subject to criminal prosecution Ordered. Trials, hearsay is generally admissible in violation of probation proceedings often as necessary but not than... In his or her probationary sentence in the community exist in the General Revenue Fund the participant for noncompliance iots probation florida. Competitive procurement in accordance with s. 287.057. s. 5, ch v. State,388.! Is considered issued when the judge signs it is not required to State! And learning as a condition of probation set forth in s. 775.215 1072 1073... In the General Revenue Fund 5th DCA 2002 ) ; Curry v.,... ; Curry v. State, 711 So that the offender has an employment handicap as... 2001 ) ; Williams v. State, 379 So whether the defendant fails to with!

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