Other penalties—Probation for municipal ordinance violations

(a)

Any court having jurisdiction of municipal ordinance violations may at a time to be determined by the court, either with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant in a municipal ordinance violation case 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.

(b)

If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a continued course of conduct in violation of municipal ordinance(s) and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt; and, in either case, it shall stay and withhold the imposition of sentence upon such defendant and shall place the defendant upon probation.

(c)

The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. When a program of public service is ordered by the court, the duration of public service may not be longer than the sentence that could have been imposed if the offender had been committed for the offense. 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.

(d)

Whenever punishment by imprisonment is prescribed, the court, in its discretion, may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation upon completion of any specified period of such sentence. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation after serving such period as may be imposed by the court. The period of probation shall commence immediately upon the release of the defendant from incarceration.

(e)

Defendants placed on probation may be under supervision for a period up to but not to exceed six (6) months.

(f)

When court may impose fine and place on probation as to imprisonment.

When the law authorizes the placing of a defendant on probation, and when the defendant's offense is punishable by both fine and imprisonment, the trial court may, in its discretion, impose a fine upon him or her and place him or her on probation.

(g)

Terms and conditions of probation.

(1)

The court shall determine the terms and conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall:

a.

Report to the probation and parole supervisors as directed.

b.

Permit such supervisors to visit him or her at his or her home or elsewhere.

c.

Work faithfully at suitable employment insofar as may be possible.

d.

Remain within a specified place.

e.

Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. If the court does not order restitution, or orders restitution of only a portion of the damages, it shall state on the record in detail the reasons therefor.

f.

Not associate with persons engaged in criminal activities.

(2)

The above enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such others as it considers proper.

(h)

Condition of probation public service. Any person who is placed on probation may be required as a condition of supervision to perform some type of public service for a tax-supported or tax-exempt entity, with the consent of such entity. Such public service shall be performed at a time other than during such person's regular hours of employment.

(i)

Court to admonish or commend probationer. A court may at any time cause a probationer to appear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer from further supervision.

(j)

Violation of probation; revocation; modification; continuance; failure to pay restitution or cost of supervision.

(1)

Whenever within the period of probation there are reasonable grounds to believe that a probationer has violated his or her probation in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer any probation supervisor may arrest or request any county or municipal law enforcement officer to arrest such probationer without warrant wherever found and forthwith return him or her to the court granting such probation. Any committing magistrate may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control. Any parole or probation supervisor, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant. Upon the filing of an affidavit alleging a violation of probation and following issuance of a warrant under § 901.02, the probationary period is tolled until the court enters a ruling on the violation. Notwithstanding the tolling of probation as provided in this subsection, the court shall retain jurisdiction over the offender for any violation of the conditions of probation that is alleged to have occurred during the tolling period. The probation officer is permitted to continue to supervise any offender who remains available to the officer for supervision until the supervision expires pursuant to the order of probation or until the court revokes or terminates the probation, whichever comes first. The court, upon the probationer being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation. If probation is revoked, the court shall adjudge the probationer 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 on probation. If such violation of probation is not admitted by the probationer, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation. If such charge is not at that time admitted by the probationer and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer an opportunity to be fully heard on his or her behalf in person or by counsel. After such hearing, the court may revoke, modify, or continue the probation or community control or place the probationer into community control. If such probation is revoked, the court shall adjudge the probationer 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 on probation. If the court dismisses an affidavit alleging a violation of probation, the offender's probation shall continue as previously imposed, and the offender shall receive credit for all tolled time against his or her term of probation.

(2)

When the court imposes a subsequent term of supervision following a revocation of probation, it shall not provide credit for time served while on probation toward any subsequent term of probation. However, the court may not impose a subsequent term of probation which, when combined with any amount of time served on preceding terms of probation for offenses before the court for sentencing, would exceed the maximum penalty allowable under this section 1-6. No part of the time that the defendant is on probation shall be considered as any part of the time that he or she shall be sentenced to serve.

(3)

Notwithstanding any other provision of this section, a probationer who is arrested for violating his or her probation in a material respect may be taken before the court in the county or circuit in which the probationer was arrested. That court shall advise him or her of such charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court which granted the probation. If such violation is not admitted by the probationer, the court may commit him or her or release him or her with or without bail to await further hearing. The court, as soon as is practicable, shall give the probationer an opportunity to be fully heard on his or her behalf in person or by counsel. After such hearing, the court shall make findings of fact and forward the findings to the court which granted the probation and to the probationer or his or her attorney. The findings of fact by the hearing court are binding on the court which granted the probation. Upon the probationer being brought before it, the court which granted the probation may revoke, modify, or continue the probation.

(4)

In any hearing in which the failure of a probationer to pay restitution or the cost of supervision, as directed, is established by the city or state, if the probationer asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the city's or state's interests in punishment and deterrence may the court imprison a probationer who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.

(k)

Ordinance to be interpreted in harmony with Florida Statutes Chapter 948. The provisions of this section are to be applied in conformity with the decisions interpreting Florida Statutes Chapter 948.

(Ord. No. 2002-116, § 1, 5-30-02)