Florida Statute 397.705 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 397.705

Total Results: 12

State v. Crews

Court: District Court of Appeal of Florida | Date Filed: 2004-10-27

Citation: 884 So. 2d 1139, 2004 WL 2387080

Snippet: 397.12 was repealed and replaced with section 397.705, Florida Statutes (2002). Ch. 93-39, §§ 8, 49,

Jones v. State

Court: Supreme Court of Florida | Date Filed: 2002-01-24

Citation: 813 So. 2d 22, 2002 WL 87377

Snippet: indicates that the bill specifically amended sections 397.705 and 893.15, Florida Statutes "to prevent a judge

A.D.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-01-26

Citation: 777 So. 2d 1101, 2001 Fla. App. LEXIS 536

Snippet: (Fla.1996) (finding that the language in section 397.705 explic*1104itly authorizes the trial court to dismiss

ADW v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-01-26

Citation: 777 So. 2d 1101

Snippet: (Fla.1996) (finding that the language in section 397.705 explicitly *1104 authorizes the trial court to

State v. Cotton

Court: Supreme Court of Florida | Date Filed: 2000-06-15

Citation: 769 So. 2d 345, 2000 WL 766521

Snippet: 2d 1210, 1212 (Fla.1996)(holding that section 397.705, Florida Statutes, which allows a court with jurisdiction

State v. Williams

Court: District Court of Appeal of Florida | Date Filed: 1998-11-18

Citation: 759 So. 2d 1, 1998 Fla. App. LEXIS 14719, 1998 WL 796626

Snippet: we vacate and remand for resentenc-ing. Section 397.705(1), Florida Statutes (1997), the chapter referred

State v. R.B.

Court: District Court of Appeal of Florida | Date Filed: 1998-05-27

Citation: 711 So. 2d 222, 1998 Fla. App. LEXIS 5942

Snippet: the substance abuse program pursuant to section 397.705(1), Florida Statutes (1993).1 After appellee completed

State v. RB

Court: District Court of Appeal of Florida | Date Filed: 1998-05-27

Citation: 711 So. 2d 222, 1998 WL 263966

Snippet: the substance abuse program pursuant to section 397.705(1), Florida Statutes (1993).[1] After appellee

State v. Bazil

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 703 So. 2d 1151, 1997 Fla. App. LEXIS 13683, 1997 WL 756650

Snippet: and section 397.12 was repealed with section 397.705 enacted in its place. See § 893.13(l)(e), Fla.

State v. Dugan

Court: Supreme Court of Florida | Date Filed: 1996-09-05

Citation: 685 So. 2d 1210, 1996 WL 499249

Snippet: to be of great public importance: DOES CHAPTER 397.705, FLORIDA STATUTES, AUTHORIZE A TRIAL COURT TO DISMISS

State v. Dugan

Court: District Court of Appeal of Florida | Date Filed: 1995-12-06

Citation: 665 So. 2d 1064, 1995 WL 608509

Snippet: (Footnote omitted.) (Emphasis added.) Section 397.705(1), Florida Statutes (1993), which is part of the

State v. Francois

Court: District Court of Appeal of Florida | Date Filed: 1995-03-01

Citation: 650 So. 2d 1131, 1995 Fla. App. LEXIS 1943, 1995 WL 79900

Snippet: court still had the discretion, pursuant to § 397.705, Florida Statutes (1993),2 to impose a downward