With decades of experience in practicing law in front of local judges, first as prosecutors and then as criminal defense lawyers, our skilled attorneys know the ins and outs of the probationary periods as they are imposed on individuals who have committed various violations of the Florida State Statutes. As such, we know that the various types of probationary requirements that can be imposed on offenders can include various work programs, dealt with in s. 948.036 of the Florida State Statutes, which governs the classification of an individual engaged in a work program as part of probation, the wages to be paid to said person, etc.
The statute holds that whenever an offender is required by the court to participate in any type of work program under the provisions of s. 948.036, enters into the pretrial diversion program discussed in s. 948.08, or volunteers to work in a supervised work program conducted by a specific state, county, municipal or community service organization or to work for the victim of the crime that the offender has committed, said offender is to be considered an employee of the state for the purposes of chapter 440, which deals with worker’s compensation. This classification of offender as an employee of the state shall be valid whether the work program is entered into as an alternative to monetary restitution or as a part of the rehabilitative or community control program.
As our Palm Beach and Broward County criminal defense attorneys also know, in determining the average weekly wage, unless otherwise determined by a specified funding program, all remuneration received from the employer shall be considered a gratuity, and the offender shall not be entitled to any benefits otherwise payable under s. 440.15 (the subsection that handles compensation for disability), regardless of whether or not the offender may be receiving wages and remuneration from other employment with another employer regardless or his or her future wage-earning capacity. However, the provisions laid out in this statute, s. 948.036, do not apply to people performing labor under a sentence of a court to perform community services as provided in s. 316.193, the statute dealing with penalties for driving under the influence.
We know that the rules and particularities regulating the period of probation, community control or other court-ordered community service programs can be complicated, and that’s why we are here to help. If you’ve been arrested for or charged with a crime in Palm Beach, Broward or Miami-Dade County, contact us to schedule a free consultation.