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Governor DeSantis vetoes bill that would have limited penalties for offenders who violate probation a second time

File photo: Courtesy Office of Governor Ron DeSantis

Staff report

TALLAHASSEE, Fla. — Today, Governor Ron DeSantis vetoed the following bill:

CS/CS/HB 1241 – Probation and Community Control Violations

The bill follows a 2019 bill that modified how courts address probation violations. Specifically, if an offender commits a technical violation (a violation of the conditions of probation that is not a new felony, misdemeanor, or criminal traffic offense, the court must modify, rather than revoke, probation, and there is a 90-day jail cap for specified probations who commit a low-risk technical violation.

CS/CS/HB 1241 would have extended those provisions to a second probation violation: it would have required a court a modify, rather than revoke, probation for a second technical violation and would limit the jail sentence to 90 days for a first low-risk violation and 120 days for a second low-risk violation.

In vetoing the bill, DeSantis wrote that this “effectively provides an extra, undue pass for probationers
who were provided the opportunity to satisfy the terms of their probation through an
alternative sanction program, and have already demonstrated that they are incapable of fulfilling their responsibility after a first violation.”

To view the veto letter, click here.

  • I don’t like DeS but agree with him on this. What’s the point of rules if parolees don’t have to follow them?

    • Well I like DeSantis and think he’s one of the best Gov’s we’ve ever had and I think this new law on parolees is just another example of his common sense and will to protect the people of Florida.

  • It seems kind of bizarre that Rep. Snyder (R) would have sponsored a bill like this in the first place.

  • Sure, why wouldn’t we want to send more people to jail for ” low-risk technical violation(s)”. We only rank #3 in the US for prisoners and we want to be #1 for Ron’s next presidential campaign. It has the secondary result of getting probationers to jail house finishing school where their record, new skills, and new friends will probably land them soon.

    Win-win!

    • Keep in mind that there was an original crime, and the offender got a lesser sentence in exchange for promising to follow the release conditions. It’s a chance to show that they can reform and remain in society. Once they show – twice! – that they can’t follow those conditions, it makes sense to impose a stricter sentence. Jail time would be for the original crime, not for the technical violation.

      • Paula, it’s not at all clear – or even logical – that a “low risk technical violation” indicates anything about ones ability to “reform and remain in society”. I’ve spent a total of 1 night in jail over my many years – I think that means I can be classified as law abiding – and yet somehow forget appointments or am late to them, have been home an hour later than I told my wife I would be, etc. Remember, it’s not like we have excess available capacity in our prisons or that they are inexpensive to run, or most importantly that they are run inside not by the punctual goody two shoes but often by the worst, most violent criminals in our society, and that the “original crime” might have been weed or child support.

        Until those here who’s solution to everything is arresting somebody, also offer up their house for the overflow, can we think twice about leading the world in imprisonment as a desired goal?

    • Jazzman-
      “We only rank #3 in the US for prisoners…”

      We also rank number three in the US for population. Imagine that!

      • On a per capita basis the US ranks 5th in the world among countries for people in prison we rank and Florida’s per capita rate is higher than the US. We’d be #3 among countries. Among states we are #15, but remember our older population means that number is misleading.

        • What?…What an illogical paragraph! So Florida would be third in the world but fifteenth in the country? And now you want to age-adjust the data too? And you want to conflate totals with per capita?

          • Sorry you can’t keep up Slice. Everything I posted is factual for 2022 and not that hard to understand for most. Well, maybe you and j.

  • So if you get a technical because you’re low on money because you might have got injured at work or been sick and out for a couple days, you’re screwed.

    Way to go Ron.

  • So check this out, Someone breaks the law and gets on probation. The County then, suggests to the defendant “all the services” both the state and the county has to offer. 😜
    (including food stamps, etc)
    SO, I read Des’s Laws like this.
    AND ITS FINALLY HAPPENING 🙏
    It either comes down to the TANF/Food Stamps route, in which one will be made to be employed, or Parolees and Criminal Probationers, and those folks will be made work too.
    I like ole Desi’. 💪

    • Yeah, that’s not how it works mate lol not sure where you heard that stupidity.

  • Being put on probation by the courts especially in Alach ut a County is more like a gift. It’s simple. You call probation when required, you show up for apts when told, you drug test when you are told, you do not consume alcohol or drugs when required, you do not possess any weapons, you pay your fines, you keep a job. Seems simple enough and if you really care about improving you follow the rules. If you do not back to prison you go. Probation is part of your punishment for breaking the law. Maybe instead of building homeless shelters and feel good places we should build bigger prisons. Jazzman, you and you’re concrete finishers could use the work.

    This not following the rules is not limited to probation. Everyday we have rules to follow. If its laws, workplace rules, home rules, school rules. When you break the rules there should be consequences.

    • “Everyday we have rules to follow. If its laws, workplace rules, home rules, school rules. When you break the rules there should be consequences.”

      Really!? Does that include traffic rules, reporting cash transactions, obtaining permits for any work on your house, trespassing on public or private lands, not properly disposing of batteries, or having 2 beers before heading home?

      I think all of those would fall under “low risk technical violation”, and if so, I’m a one man crime wave and there should be an all points bulletin out for my arrest, and probably for many of you also. Yeah, each could have serious consequences just starting with speeding, but we almost all violate them without consequence every day. Why pretend we live under this standard of “consequences”, when we don’t?

      • PS Some are fond of misrepresenting the “real world”, the place where supposed slackers like “those who teach”, students, etc could never make it. Yeah, right!

        Like our friends and colleagues don’t cover our a.s every day for shortcomings and we them, where it is rare someone is called out for failure or where there are clear winners and losers, like ironically there are in classrooms where they give grades, including F’s. The only places with clear winners and losers in the “real world” are courtrooms and sports pavilions. Otherwise, in most cases you really have to suck to be fired – you’re more likely to just go sideways or down to what you can handle, and even more so when you were hired in a family business.

        So, let’s keep it real and acknowledge there is no “real world” of tigers and cutthroats, except in a very few endeavors, it’s always been that way, and 1/2 our progress is based on just “showing up”.

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