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The 2025 Florida Statutes
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F.S. 397.705397.705 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 397.705
Total Results: 11
769 So. 2d 345, 2000 WL 766521
Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 1476653
Cited 87 times | Published
685 So.2d 1210, 1212 (Fla.1996)(holding that section 397.705, Florida Statutes, which allows a court with
685 So. 2d 1210, 1996 WL 499249
Supreme Court of Florida | Filed: Sep 5, 1996 | Docket: 1735202
Cited 25 times | Published
prescribed by law." § 893.15, Fla. Stat. (1993). Section 397.705(1), Florida Statutes (1993), allows a court
777 So. 2d 1101
District Court of Appeal of Florida | Filed: Jan 26, 2001 | Docket: 462288
Cited 8 times | Published
1210 (Fla.1996) (finding that the language in section 397.705 explicitly *1104 authorizes the trial court
665 So. 2d 1064, 1995 WL 608509
District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1352002
Cited 2 times | Published
offense. (Footnote omitted.) (Emphasis added.)
Section 397.705(1), Florida Statutes (1993), which is part
884 So. 2d 1139, 2004 WL 2387080
District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988
Cited 1 times | Published
section 397.12 was repealed and replaced with section 397.705, Florida Statutes (2002). Ch. 93-39, §§ 8,
777 So. 2d 1101, 2001 Fla. App. LEXIS 536
District Court of Appeal of Florida | Filed: Jan 26, 2001 | Docket: 64803620
Published
1210 (Fla.1996) (finding that the language in section 397.705 explic*1104itly authorizes the trial court
759 So. 2d 1, 1998 Fla. App. LEXIS 14719, 1998 WL 796626
District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 64797634
Published
appeal, we vacate and remand for resentenc-ing.
Section 397.705(1), Florida Statutes (1997), the chapter referred
711 So. 2d 222, 1998 WL 263966
District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1337855
Published
complete the substance abuse program pursuant to section 397.705(1), Florida Statutes (1993).[1]
After appellee
711 So. 2d 222, 1998 Fla. App. LEXIS 5942
District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64781085
Published
complete the substance abuse program pursuant to section 397.705(1), Florida Statutes (1993).1
After appellee
703 So. 2d 1151, 1997 Fla. App. LEXIS 13683, 1997 WL 756650
District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64777916
Published
renumbered, and section 397.12 was repealed with section 397.705 enacted in its place. See § 893.13(l)(e), Fla
650 So. 2d 1131, 1995 Fla. App. LEXIS 1943, 1995 WL 79900
District Court of Appeal of Florida | Filed: Mar 1, 1995 | Docket: 64754459
Published
trial court still had the discretion, pursuant to § 397.705, Florida Statutes (1993),2 to impose a downward
