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23 verbatim mandatory provisions from 17-40-b.
Eighteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• JAIL – FARM TIME - ALTERNATIVE TO INCARCERATION PROGRAM (ATIP) _______________________________________________________________________________________ This Administrative Order sets forth the procedure for acceptance into the Alternative To Incarceration Program (ATIP), which shall include individuals sentenced to work duty at the Sheriff’s Farm located at 2955 Pluckebaum Road, Cocoa, Florida 32926, or other locations as determined by the Sheriff or the Sheriff’s designee, as a part of being sentenced to the Brevard County Jail. • Judicial Determination of Eligibility The sentencing order imposing such incarceration or an amendment thereto shall reflect a determination as to the defendant’s eligibility for inclusion in the ATIP (e.g. “ATIP Eligible,” “Not ATIP Eligible,” or “ATIP Eligible After X Days”) or impose work duty at the Sheriff’s Farm. • The defendant’s eligibility for inclusion in the ATIP shall be governed by that determination. • In determining whether a defendant shall be deemed eligible for inclusion in the ATIP or to spend certain days at the Sheriff’s Farm, the Court, in its discretion, may consider whether the defendant’s early release from custody poses a danger of injury or damage to the person or property of another and may consider all other factors relative to benefits and detriments of the defendant’s incarceration or service on the Sheriff’s farm or elsewhere. • Sheriff’s Assessment Upon receipt of an order imposing such incarceration and determining that the defendant is eligible for inclusion in the ATIP, the Sheriff’s Jail Commander or his/her designee shall promptly assess whether: 1. • There exists a substantial likelihood that the defendant shall appear and perform assigned tasks at the Sheriff’s Farm or such other location at which work is to be performed in connection with the ATIP. • If the Sheriff’s Jail Commander or his/her designee determines that the defendant does not meet any of the foregoing criteria, such defendant shall be excluded from the ATIP. • Medical Evaluation Upon assessing that the defendant qualifies for inclusion in the ATIP in accordance with the foregoing criteria, the Sheriff shall expedite the defendant’s medical evaluation. • The Sheriff shall be entitled to rely on the information provided by the defendant to the Sheriff or his/her employees or agents relative to the defendant’s medical history and treatment, as well as with respect to the defendant’s training, work experience and familiarization with various tools and equipment. • The Sheriff’s Jail Commander or his/her designee may exclude from ATIP any defendant whose medical evaluation does not conclusively demonstrate that such defendant is capable of performing the types of work that may be assigned to the defendant without significant health risk to the defendant or others , Notwithstanding the foregoing, the Sheriff and the Sheriff’s employees and agents shall not be liable to the defendant for the evaluation performed pursuant to this provision and the defendant shall sign a release in the form attached to this order if such defendant wishes to be sentenced to the ATIP. • Medical Coverage Although the Sheriff has obtained a group-type accident insurance policy to provide some insurance benefits to defendants who are sentenced to the ATIP, neither the Sheriff nor the Brevard County Board of County Commissioners shall have any obligation to provide accident or medical insurance coverage or medical care and services to such defendants. • Each defendant shall be responsible for the costs of medical care resulting from injuries incurred in performing work in connection with the ATIP to the extent not covered by medical insurance policies. • No person shall be compelled to enter into the ATIP against his or her will. • In addition, a defendant who is sentenced to the ATIP may be required to perform work at locations other than the Sheriff’s Farm under the supervision of employees or agents of the Brevard County Board of County Commissioners. Effect on Probation If the defendant is sentenced to incarceration as a condition of probation and released into the ATIP, appearance at the Sheriff’s Farm and completion of the assigned tasks at the Sheriff’s Farm or elsewhere shall constitute a condition of the defendant’s probation. • Acceptance into the ATIP shall not constitute a modification of the defendant’s sentence or probation. • The defendant shall report to his or her probation officer within 24 hours of release (excluding weekends and holidays) that he or she has been released into the ATIP. • Failure to Appear and Perform In the event that a person accepted into the ATIP or otherwise ordered to report to the Sheriff’s Farm for work duty fails to appear and perform the assigned tasks at the Sheriff’s Farm or elsewhere, the Sheriff’s Jail Commander or his/her designee shall promptly notify the sentencing judge who may issue a bench warrant for the defendant’s arrest and detention in the Brevard County Jail for the balance of his or her sentence. • In the event that the defendant is on probation, the Sheriff’s Jail Commander or his/her designee shall promptly notify the defendant’s probation officer, if any, who may submit an affidavit of violation of probation for issuance of a warrant for violation of probation. • Protection from Liability The Sheriff of Brevard County and any and all sheriff’s deputies, corrections officers, employees and agents, including, without limitation, the Sheriff’s Jail Commander or his/her designee, shall be afforded protection from liability for damages arising from the fulfillment their duty pursuant to this Administrative Order, including, but not limited to supervising defendants who are performing work under the ATIP, to the extent provided by law. • In addition, the Brevard County Board of County Commissioners and its employees and agents shall be afforded protection from liability for damages arising from the fulfillment of their duty pursuant to this Administrative Order, including, but not limited to supervising defendants who are performing work under the ATIP, to the extent provided by law. • Moreover, as a condition of participating in the ATIP, the defendant shall sign a release in the form attached to this order if such defendant wishes to be sentenced to the ATIP. • This Release shall be binding upon my assigns, successors, personal representatives, executors, administrators and heirs. • This Release shall be governed by the laws of the State of Florida and any action brought to interpret or enforce this Release shall be brought exclusively in the appropriate state court situated in Brevard County, Florida.
JAIL – FARM TIME - ALTERNATIVE TO INCARCERATION PROGRAM (ATIP) _______________________________________________________________________________________ This Administrative Order sets forth the procedure for acceptance into the Alternative To Incarceration Program (ATIP), which shall include individuals sentenced to work duty at the Sheriff’s Farm located at 2955 Pluckebaum Road, Cocoa, Florida 32926, or other locations as determined by the Sheriff or the Sheriff’s designee, as a part of being sentenced to the Brevard County Jail.
Reviewer note: Document sha256: f8b7702c1a473b46b16cf852a5108e348e3f45b9dba74a04f2800871d59573d1 (170184 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it. | Scope corrected 2026-08-03: the 18th numbers county-specific orders with -b (Brevard) and -s (Seminole); unsuffixed orders are circuit-wide. This rule was bulk-tagged to one county at harvest; the court's own numbering convention now controls. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. [moved from the text 2026-09-14]
4 verbatim requirements on hearings.
2 verbatim requirements on hearing time in LAUREN N. PEFFER's division.