The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

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F.S. 397.705

397.705 Referral of substance abuse impaired offenders to service providers.—

(1) AUTHORITY TO REFER.—If any offender, including but not limited to any minor, is charged with or convicted of a crime, the court or criminal justice authority with jurisdiction over that offender may require the offender to receive services from a service provider licensed under this chapter. If referred by the court, the referral shall be in addition to final adjudication, imposition of penalty or sentence, or other action. The court may consult with or seek the assistance of a service provider concerning such a referral. Assignment to a service provider is contingent upon availability of space, budgetary considerations, and manageability of the offender.

(2) REFERRAL AND TREATMENT.—

(a) An order referring an offender under subsection (1) must be in writing and must be signed by the referral source. The order must specify the name of the offender, the name and address of the service provider to which the offender is referred, the date of the referral, the duration of the offender’s sentence, and all conditions stipulated by the referral source. The total amount of time the offender is required to receive treatment may not exceed the maximum length of sentence possible for the offense with which the offender is charged or convicted. A copy of the order must be delivered to the service provider.

(b) The director may refuse to admit any offender referred to the service provider under subsection (1). The director’s refusal to admit the offender must be communicated immediately and in writing within 72 hours to the referral source, stating the basis for such refusal.

(c) The director may, after consulting with the referral source, discharge any offender referred to the service provider under subsection (1) when, in the judgment of the director, the offender is beyond the safe management capabilities of the service provider. The director must orally communicate a decision to discharge an offender to the offender and to the referral source, immediately, and must communicate the decision in writing within 72 hours thereafter, stating the basis for the determination that the offender is beyond the safe management capabilities of the facility.

(d) When an offender successfully completes treatment or when the time period during which the offender is required to receive treatment expires, the director shall communicate such fact to the referral source.

History.—s. 8, ch. 93-39; s. 38, ch. 97-194.

F.S. 397.705 on Google Scholar

F.S. 397.705 on Casetext

Amendments to 397.705

Arrestable Offenses / Crimes under Fla. Stat. 397.705

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 397.705.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. CREWS,, 884 So. 2d 1139 (Fla. Dist. Ct. App. 2004)

. . . Further, section 397.12 was repealed and replaced with section 397.705, Florida Statutes (2002). . . . Section 397.705 no longer permits referral to treatment “in lieu of ... final adjudication, imposition . . . Instead, section 397.705(1) how requires “the referral shall be in addition to final adjudication, imposition . . . That case addressed the 1993 version of section 397.705, which still permitted a referral “instead of . . . The current version of section 397.705 no longer contains the phrase "instead of.” . . .

JONES, v. STATE, 813 So. 2d 22 (Fla. 2002)

. . . The majority's footnote 1 includes as an example of two statutes amended by chapter 97-194, sections 397.705 . . . In contrast, the legislative analysis indicates that the bill specifically amended sections 397.705 and . . .

A. D. W. v. STATE, 777 So. 2d 1101 (Fla. Dist. Ct. App. 2001)

. . . Dugan, 685 So.2d 1210 (Fla.1996) (finding that the language in section 397.705 explicitly authorizes . . .

STATE v. COTTON, v., 769 So. 2d 345 (Fla. 2000)

. . . Dugan, 685 So.2d 1210, 1212 (Fla.1996)(holding that section 397.705, Florida Statutes, which allows a . . .

UNITED STATES v. AMSTER,, 193 F.3d 779 (3d Cir. 1999)

. . . Ch. 397.705(1) (1993) (amended 1997), which at that time provided, If any offender ... is charged with . . . Dugan, 685 So.2d 1210, 1213 (Fla.1996) (“[Section 397.705(1) ] gives the trial court the discretion to . . .

STATE v. WILLIAMS,, 759 So. 2d 1 (Fla. Dist. Ct. App. 1998)

. . . Section 397.705(1), Florida Statutes (1997), the chapter referred to by the judge at the sentencing hearing . . .

STATE v. R. B. a, 711 So. 2d 222 (Fla. Dist. Ct. App. 1998)

. . . At the hearing on the motion, the state opposed dismissal arguing that section 397.705(1) does not apply . . . The trial court granted the motion to dismiss based on section 397.705(1), Florida Statutes and State . . . 1), Florida Statutes and Dugan because section 397.705(1) does not apply to juveniles. . . . Dugan did not address whether section 397.705(1) applies to juveniles. . . . Unlike the statute in Department of H.R.S., section 397.705(1) expressly refers to “minors.” . . .

STATE v. BAZIL,, 703 So. 2d 1151 (Fla. Dist. Ct. App. 1997)

. . . 1993, section 893.13(l)(e) was amended and renumbered, and section 397.12 was repealed with section 397.705 . . . Section 397.705, Florida Statutes (1995), provides that if “any offender ... is charged with or convicted . . . instead of or in addition to final adjudication, imposition of penalty or sentence, or other action.” § 397.705 . . . However, section 397.705 does not explicitly refer to chapter 893. . . .

STATE v. DUGAN, 685 So. 2d 1210 (Fla. 1996)

. . . decision certifying the following question certified to be of great public importance: DOES CHAPTER 397.705 . . . The district court turned to two statutes: sections 893.15 and 397.705(1), Florida Statutes (1993). . . . Section 397.705(1), Florida Statutes (1993), allows a court with jurisdiction over a substance-abuse . . . First, since section 397.705, Florida Statutes (1993), allows an offender to seek treatment after only . . . Additionally, the results are the same under section 397.705(1), Florida Statutes (1993). . . .

STATE v. DUGAN, 665 So. 2d 1064 (Fla. Dist. Ct. App. 1995)

. . . Section 397.705(1), Florida Statutes (1993), which is part of the chapter entitled “Substance Abuse Services . . . court to order participation in a treatment program “in lieu of, any penalty or probation” and section 397.705 . . . Moreover, section 397.705(1) authorizes the court to require people who are only “charged” with a crime . . . for certification and certify the following question as one of great public importance: DOES CHAPTER 397.705 . . .

STATE v. FRANCOIS,, 650 So. 2d 1131 (Fla. Dist. Ct. App. 1995)

. . . 1991) was repealed effective October 1, 1993, the trial court still had the discretion, pursuant to § 397.705 . . . In Ch. 93-39, Laws of Florida, the Florida Legislature simultaneously enacted § 397.705, Florida Statutes . . .