Florida Statutes

Fla. Stat. § 948.001 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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948.001 Definitions.—As used in this chapter, the term:

(1) “Administrative probation” means a form of no contact, nonreporting supervision. A court may order administrative probation, or the Department of Corrections may transfer an offender to administrative probation, as provided in s. 948.013.

(2) “Child care facility” has the same meaning as provided in s. 402.302.

(3) “Community control” means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.

(4) “Drug offender probation” means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing.

(5) “Mental health probation” means a form of specialized supervision that emphasizes mental health treatment and working with treatment providers to focus on underlying mental health disorders and compliance with a prescribed psychotropic medication regimen in accordance with individualized treatment plans. Mental health probation shall be supervised by officers with restricted caseloads who are sensitive to the unique needs of individuals with mental health disorders, and who will work in tandem with community mental health case managers assigned to the defendant. Caseloads of such officers should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing and supervision.

(6) “Park” has the same meaning as provided in s. 775.215.

(7) “Playground” has the same meaning as provided in s. 775.215.

(8) “Probation” means a form of community supervision requiring specified contacts with probation officers and other terms and conditions as provided in s. 948.03.

(9) “Qualified practitioner” means a social worker, mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490.

(10) “Risk assessment” means an assessment completed by a qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child.

(11) “Safety plan” means a written document prepared by the qualified practitioner, in collaboration with the sex offender, the child’s parent or legal guardian, and, when appropriate, the child which establishes clear roles and responsibilities for each individual involved in any contact between the child and the sex offender.

(12) “School” has the same meaning as provided in s. 775.215.

(13) “Sex offender probation” or “sex offender community control” means a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training. An officer who supervises an offender placed on sex offender probation or sex offender community control must meet as necessary with a treatment provider and polygraph examiner to develop and implement the supervision and treatment plan, if a treatment provider and polygraph examiner specially trained in the treatment and monitoring of sex offenders are reasonably available.

History.—s. 11, ch. 83-131; s. 13, ch. 91-225; s. 32, ch. 92-310; s. 3, ch. 93-59; s. 13, ch. 93-227; s. 80, ch. 95-211; s. 2, ch. 97-308; s. 1, ch. 2004-373; s. 3, ch. 2005-67; s. 8, ch. 2007-200; s. 9, ch. 2007-209; s. 17, ch. 2010-64; s. 11, ch. 2010-92; s. 9, ch. 2010-113; s. 14, ch. 2016-127; s. 30, ch. 2016-224; s. 1, ch. 2017-115; s. 59, ch. 2019-167.

Notes of Decisions

Cited in 52 cases (3 in the last 5 years), 1984–2026 · leading case: United States v. Wright, 607 F.3d 708 (11th Cir. 2010).

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United States v. Wright, 607 F.3d 708 (11th Cir. 2010). · cites it 4× “" Fla. Stat. § 948.001 (5). The same statute defines community control as "a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads.”

Rodney Tyrone Lowe v. State of Florida, 259 So. 3d 23 (Fla. 2018). · cites it 4× “A simple look at the relevant statutes reveals that the definition of “community control” under section 948.001(3), Florida Statutes (2011), is virtually identical to the definition of “community control program” in section 958.”

Lawson v. State, 969 So. 2d 222 (Fla. 2007). · cites it 4× “" § 948.001(4), Fla. Stat. (2005). This is mirrored in section 948.”

Michael Levandoski v. State of Florida, 245 So. 3d 643 (Fla. 2018). · cites it 8× “§ 948.001(13), Fla. Stat. (2010). A plain reading of the definition of “sex offender probation” would in no way indicate that Levandoski was required to follow the conditions within section 948.”

Trotter v. State, 576 So. 2d 691 (Fla. 1990). · cites it 3× “Community control and probation are defined in section 948.001, Florida Statutes (1985): (1) "Community control" means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads.”

State v. Meeks, 789 So. 2d 982 (Fla. 2001). · cites it 2× “Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.”

State v. Coleman, 44 So. 3d 1198 (Fla. 4th DCA 2010). · cites it 7× “§ 948.001(1), Fla. Stat. (2010). The order eliminating the reporting requirement from this defendant’s sex offender probation, though, cannot be justified as administrative probation.”

Lippman v. State, 633 So. 2d 1061 (Fla. 1994). · cites it 2× “" § 948.001(2), Fla. Stat. (1987). See generally Larson v.”

State v. Cregan, 908 So. 2d 387 (Fla. 2005). · cites it 2× “" § 948.001(2), Fla. Stat. (2003). Those sanctions can be quite strict, including "curfew, revocation or suspension of the drivers license, community service, deprivation of nonessential activities or privileges, or other appropriate restraints on the offenders liberty.”

Adams v. State, 979 So. 2d 921 (Fla. 2008). · cites it 3× “" § 948.001(10), Fla. Stat. (2007) (emphasis added); see also § 948.”

Woodson v. State, 864 So. 2d 512 (Fla. 5th DCA 2004). · cites it 2× “001(7), Florida Statutes (2000), provides, in pertinent part, that the emphasis of sex offender probation is treatment of the sex offender: "Sex offender probation" or "sex offender community control" means a form of intensive supervision, with or without electronic monitoring,…”

Jones v. State, 813 So. 2d 22 (Fla. 2002). · cites it 2× “Section 948.001(6), Florida Statutes (Supp.”

Show all 52 citing cases →

— 948.001(1) — 9 cases

State v. Nazario, 100 So. 3d 1246 (Fla. 4th DCA 2012).

Madrigal v. State, 683 So. 2d 1093 (Fla. 4th DCA 1996).

State v. Coleman, 44 So. 3d 1198 (Fla. 4th DCA 2010). “§ 948.001(1), Fla. Stat. (2010). The order eliminating the reporting requirement from this defendant’s sex offender probation, though, cannot be justified as administrative probation.”

Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989).

Bacon v. State, 620 So. 2d 1084 (Fla. 1st DCA 1993).

— 948.001(10) — 1 case

Adams v. State, 979 So. 2d 921 (Fla. 2008). “" § 948.001(10), Fla. Stat. (2007) (emphasis added); see also § 948.”

— 948.001(13) — 2 cases

Michael Levandoski v. State of Florida, 245 So. 3d 643 (Fla. 2018). “§ 948.001(13), Fla. Stat. (2010). A plain reading of the definition of “sex offender probation” would in no way indicate that Levandoski was required to follow the conditions within section 948.”

— 948.001(2) — 8 cases

State v. Meeks, 789 So. 2d 982 (Fla. 2001). “Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.”

Lippman v. State, 633 So. 2d 1061 (Fla. 1994). “" § 948.001(2), Fla. Stat. (1987). See generally Larson v.”

State v. Cregan, 908 So. 2d 387 (Fla. 2005). “" § 948.001(2), Fla. Stat. (2003). Those sanctions can be quite strict, including "curfew, revocation or suspension of the drivers license, community service, deprivation of nonessential activities or privileges, or other appropriate restraints on the offenders liberty.”

Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992).

Timothy Turner v. State of Florida, 261 So. 3d 729 (Fla. 2d DCA 2018).

— 948.001(3) — 5 cases

Rodney Tyrone Lowe v. State of Florida, 259 So. 3d 23 (Fla. 2018). “A simple look at the relevant statutes reveals that the definition of “community control” under section 948.001(3), Florida Statutes (2011), is virtually identical to the definition of “community control program” in section 958.”

Filmore v. State, 133 So. 3d 1188 (Fla. 2d DCA 2014).

Dean v. State, 669 So. 2d 1140 (Fla. 4th DCA 1996).

Calvin v. Jefferson Cnty. Bd. of Commissioners, 172 F. Supp. 3d 1292 (N.D. Fla. 2016).

Brittany Nichole Rossi v. State of Florida (Fla. 3d DCA 2025).

— 948.001(4) — 4 cases

Lawson v. State, 969 So. 2d 222 (Fla. 2007). “" § 948.001(4), Fla. Stat. (2005). This is mirrored in section 948.”

Beals v. State, 14 So. 3d 286 (Fla. 4th DCA 2009).

Lawson v. State, 941 So. 2d 485 (Fla. 5th DCA 2006).

Dean v. State, 669 So. 2d 1140 (Fla. 4th DCA 1996).

— 948.001(5) — 2 cases

Harris v. State, 879 So. 2d 1223 (Fla. 1st DCA 2002).

State v. Luxenburg, 13 So. 3d 137 (Fla. 2d DCA 2009).

— 948.001(6) — 2 cases

Jones v. State, 813 So. 2d 22 (Fla. 2002). “Section 948.001(6), Florida Statutes (Supp.”

State v. Williams, 759 So. 2d 1 (Fla. 4th DCA 1998).

— 948.001(7) — 2 cases

Woodson v. State, 864 So. 2d 512 (Fla. 5th DCA 2004). “001(7), Florida Statutes (2000), provides, in pertinent part, that the emphasis of sex offender probation is treatment of the sex offender: "Sex offender probation" or "sex offender community control" means a form of intensive supervision, with or without electronic monitoring,…”

Woodson v. State, 889 So. 2d 823 (Fla. 2004).

— 948.001(8) — 2 cases

Justin Randolph Demott v. State of Florida, 194 So. 3d 335 (Fla. 2016).

— 948.001(9) — 1 case

Woods v. State, 214 So. 3d 803 (Fla. 1st DCA 2017).

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