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In the Circuit Court of Florida, Twelfth Judicial Circuit
in and for Sarasota, Manatee, Desoto Counties

Administrative Order 2024–10.3

(rescinds and supersedes Administrative Order 2017–10.3)

In Re:

Felony Alternative Sanctions Program

A substantial number of technical probation violations do not involve a new arrest or other serious violations. This Court previously entered Administrative Order 2017-10.3 to address administrative options for processing technical violations; that Administrative Order requires updating.

Arresting and incarcerating certain non-violent offenders for minor violations of probation or community control is both expensive and nonproductive.

There is research to support that recidivism may be reduced by utilizing collaborative efforts among the courts, probation, and law enforcement to hold the offender accountable and apply swift and certain sanctions for technical violations of probation or community control.

An administrative option for processing technical violations will have the potential to offer benefits including:

  • Reducing the court docket of probation and community control violation hearings;
  • Reducing the workload of prosecutors and defense attorneys involved with many technical violation hearings;
  • Reducing law enforcement resources required to serve violation warrants for certain technical violations;
  • Reducing jail population for offenders pending violation hearings; and
  • Offering the offender an alternative to a violation hearing in court, which will allow the offender to remain engaged in employment, school, treatment, etc. and allow the offender to take immediate responsibility for his/her actions and consequences of those actions.

In accordance with Article V, section 7, Florida Constitution, section 43.26, Florida Statutes, and pursuant to the authority vested in Rule 2.215, Florida Rules of General Practice and Judicial Administration, now, therefore, it is ordered:

  1. Felony Alternative Sanctions Program

    . There is created in Sarasota, Manatee and DeSoto Counties a program that shall be known as the Felony Alternative Sanctions Program.

  2. Eligibility

    . To be eligible for the program, offenders must have been placed on probation or community control under the supervision of the Department of Corrections by a judge in Sarasota, Manatee or DeSoto County, have stable community ties, and have a stable residence in Sarasota, Manatee or DeSoto County, Florida. Offenders who are eligible for the program include probation offenders, drug offenders, and community control supervision offenders. The program only applies to offenders who have committed certain technical violations addressed in the Felony Alternative Sanctions Program Violation/Sanction Matrix included in section (3) of this order. The threat an offender poses to public safety is the most important factor in determining eligibility. Offenders with a lengthy or violent criminal history, including Violent Felony Offenders of Special Concern (VFOSC), Violent Felony Offenders (VFO), and sex offenders, are not eligible to be in the program. Additionally, offenders who have new law violations, are absconders, or have violated a “no contact” condition of supervision are not eligible for the program. No offender who has three or more previous violations is eligible for the program.

  3. Qualifying Technical Violations and Approved Sanctions

    . The following matrix lists the specific technical violations that may be addressed through the Felony Alternative Sanctions Program process for offenders who were sentenced in Sarasota, Manatee or DeSoto County, Florida. Each technical violation includes a list of sanctions determined and approved by the court for the probation officer to select from when reporting these technical violations, based on the individual offender’s circumstances at the time of the violation.

Felony Alternative Sanctions Program
Violation / Sanction Matrix

Violation Approved List of Sanctions
Condition (1): Reported late; failed to report as instructed. (The ASP will not be offered to any offender who has failed to report in excess of 30 days).
  1. Report Weekly for 30 days.
  2. Report Weekly for 60 days.
  3. Curfew from 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  4. 10 hours additional public service work within 60 days.
  5. Thinking For a Change- Cognitive Behavioral Program.
  6. Attend F.A.C.E. I.T. within 60 days.
Condition (3): Failed to report changes in residence or employment without first procuring the officer’s consent (or notifying immediately if evicted from residence or laid off from job)
  1. Twice a month reporting for 90 days.
  2. Curfew from 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  3. Electronic monitoring for 30 days.
  4. Electronic monitoring for 60 days.
  5. Electronic monitoring for 90 days.
  6. Referral to Employment Specialist and turn in weekly job logs.
  7. Thinking For a Change- Cognitive Behavioral Program.
  8. Attend F.A.C.E.I.T. within 60 days.
  9. Community Control for 30 days.
  10. Community Control for 60 days.
  11. Community Control for 90 days.
Condition (3): Failed to request permission prior to leaving the county
  1. Curfew from 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  2. Electronic monitoring for 30 days.
  3. Electronic monitoring for 60 days.
  4. Electronic monitoring for 90 days.
  5. 25 hours additional public service work within 90 days.
Condition (6): Found to be associating with person(s) engaged in criminal activity
  1. Curfew from 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  2. Thinking For a Change- Cognitive Behavioral Program.
  3. Attend F.A.C.E. I.T. within 60 days.
  4. Weekly drug testing for 90 days.
  5. Weekly reporting for 30 days.
  6. 25 hours additional public service work within 90 days.
Condition (7): Positive drug test for non-prescribed drugs (first occurrence)
  1. Drug evaluation and successfully complete treatment determined necessary up to and including residential.
  2. Curfew from 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  3. Weekly drug testing for 30 days.
  4. Weekly drug testing for 60 days.
  5. Weekly drug testing for 90 days.
  6. 30 support group meetings in 30 days with support logs.
Condition (7): Positive drug test for non-prescribed drugs (second occurrence)
  1. Drug evaluation and successfully complete treatment determined necessary up to and including residential.
  2. Curfew from 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  3. 90 support group meetings in 90 days with support logs.
  4. Bi -weekly drug testing for 30 days.
  5. Bi - weekly drug testing for 60 days.
  6. Bi- weekly drug testing for 90 days.
Condition (8): Failure to maintain employment
  1. Referral to Employment Specialist and turn in weekly job logs.
  2. Weekly reporting with job search logs until employed.
  3. Daily reporting with job search logs until employed.
Condition (10): Failure to pay restitution or court costs
  1. Referral to Employment Specialist and turn in weekly job search logs.
  2. If unemployed – daily job search, report weekly until employed.
  3. If receiving income pay monetary obligations in arrears within 90 days.
Special Condition (1): Failure to attend treatment evaluation or treatment session as scheduled
  1. Curfew from 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  2. Weekly drug testing until evaluation is complete.
  3. Attend 3 support groups per week until evaluation is completed and submit logs.
  4. Community Control until evaluation is complete.
Special Condition (8): Failure to complete community service hours as instructed
  1. Submit completed community service work hours weekly until in compliance.
  2. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work/community service purposes).
  3. Buy out community service hours at the rate of $15 per hour.
  4. Community Control for 30 days.
Special Condition (9): Failure to remain at residence during curfew period
  1. Modify curfew to 8 PM to 6 AM for 90 days (can be modified by probation officer for treatment/work purposes).
  2. Electronic monitoring for 30 days.
  3. Electronic monitoring for 60 days.
  4. Electronic monitoring for 90 days.
  5. Community Control for 30 days.
  6. Community Control for 60 days.
  7. Community Control for 90 days.
  8. Thinking For a Change- Cognitive Behavioral Program.
Community Control Condition (16): Failure to maintain approved schedule – unapproved absence from required location (negligence in getting home late, stopping at store on way home without permission)
  1. Electronic monitoring for 30 days.
  2. Electronic monitoring for 60 days.
  3. Electronic monitoring for 90 days.
  4. Report twice weekly for 60 days.
  5. 25 hours of public service work within 60 days.
  6. 50 hours of public service work within 90 days.
  7. Thinking For a Change- Cognitive Behavioral Program.
  8. Attend F.A.C.E. I.T. within 60 days.

  1. Felony Alternative Sanctions Program Process

    1. The probation or community control officer shall inform offenders who have committed violations enumerated in section 3 that they may participate in the Felony Alternative Sanctions Program for administrative disposition of the violation. No offender is required to participate in the Felony Alternative Sanctions Program and may opt for a formal violation of probation or community control proceeding in Circuit Court.
    2. If the offender admits the violation, agrees to accept the administrative sanction(s) recommended by the probation officer, and agrees to waive his/her formal violation hearing to modify his/her sentence, the probation officer will prepare an “Alternative Sanctions Program Technical Violation Notification”, which will provide details of the circumstances of the technical violation that occurred and the probation officer’s recommended sanction, based on the sanctions listed in the approved matrix. If the offender agrees to participate in the Alternative Sanctions Program, he/she will sign the second section of this form titled “Alternative Sanctions Program Waiver of Formal VOP/VOCC Hearing, Admission of Violation, and Acceptance of Sanctions”, which will be submitted to the Court once the probation officer signs and dates the form.
    3. The judge shall review the “Alternative Sanctions Program Technical Violation Notification” and waiver form submitted and, if the judge agrees that the technical violation should be addressed via the Felony Alternative Sanctions Program and agrees with the recommended sanction, the judge will sign the “Order - Alternative Sanctions Program”. If the judge does not agree with the particular sanction recommended by the officer or does not agree that the technical violation should be addressed via the Felony Alternative Sanctions Program, the judge shall reflect further instructions on the order.
    4. Upon court approval the probation officer will instruct the offender on the sanction imposed by the court and instruct the offender to take actions necessary to ensure the sanction is executed immediately. Failure to complete the imposed sanction as instructed will result in a violation report, affidavit and warrant being submitted to the court.

  2. Administration

    . The Felony Alternative Sanctions Program shall be administered by the Sarasota, Manatee, and DeSoto County Circuit Court and the Florida Department of Corrections.

  3. Superseding Order

    . This Administrative Order rescinds and supersedes Administrative Order 2017-10.3.

  4. Effective Date

    . This order shall take effect immediately upon signature.

Done and ordered in Bradenton, Manatee County, Florida, this 5th day of April, 2024.

Diana L. Moreland
Chief Judge

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