Florida Statute 948.001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

View Entire Chapter

F.S. 948.001

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.

F.S. 948.001 on Google Scholar

F.S. 948.001 on Casetext

Amendments to 948.001

Arrestable Offenses / Crimes under Fla. Stat. 948.001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.001.

Annotations, Discussions, Cases:

Cases Citing Statute 948.001

Total Results: 20

State of Florida v. Hanberry

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-26T00:00:00-07:00

Snippet: .1935(6), provides in part, “Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication

ISLAAM v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-14T00:00:00-07:00

Snippet: (3) Notwithstanding the provisions of [section] 948.01, [Florida Statutes (2020),] with respect

Maxwell v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

Snippet: to the criminal charges filed against him. See § 948.01(1), Fla. Stat. (authorizing probation as an alternative

In Re: Amendments to Florida Rule of Criminal Procedure 3.670

Court: Fla. | Date Filed: 2024-01-25T00:00:00-08:00

Snippet: by the Committee. The amendments mirror section 948.01(2), Florida Statutes, to avoid confusion about

In Re: Amendments to Florida Rule of Criminal Procedure 3.790

Court: Fla. | Date Filed: 2022-09-22T00:53:00-07:00

Snippet: enactment of recent legislation amending section 948.01, Florida Statutes (2021) (When court may place… The Legislature recently amended section 948.01(1)(a) to authorize the Department of Corrections…Department to supervise the offender. Id. And section 948.01(5) was amended to remove the prohibition on private

STATE OF FLORIDA v. ROODY DHAITI

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: is no question that section 948.01(13), as well as the 3 Section 948.01(13), Florida Statutes (Supp.…defendant. Our supreme court has held that section 948.01(13) 3 is an alternative sentencing scheme independent…defendant on drug offender probation.” Section 948.01(13) was renumbered as section 948.20 in 2004 and…drug-related crimes. Indeed, in enacting section 948.01(13) and the sanction of drug offender probation…. Our supreme court also noted that section 948.01(13) applied only to nonviolent drug crimes whereas

DANIELLE ELIZABETH HITCHMAN v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-07-28T00:53:00-07:00

Snippet: regardless of whether adjudication is withheld, § 948.01(1), Fla. Stat., and the sentencing court is permitted

TAVARIS JAMAL EVANS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-29T00:53:00-07:00

Snippet: control.” § 948.06(8)(b)1., Fla. Stat. Sections 948.01(1) and (3), Florida Statutes (2018), make clear… than the DJJ, that provides the supervision. § 948.01(1)(a), (3), Fla. Stat. (2018); see also § 948.10

STATE OF FLORIDA v. EDWARD FIDDEMON

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-27T00:53:00-07:00

Snippet: violated section 948.012(1)’s predecessor, section 948.01(8), Florida Statutes (1989). Id. Specifically, …term and probation term, thereby violating section 948.01(8). Id. The supreme court found the defendant…supreme court framed the issue as whether section 948.01(8) “prohibits a separation between incarceration…court began its reasoning by encapsulating section 948.01(8)’s pertinent words and phrases as follows:

LISA KRAMER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-04-08T00:53:00-07:00

Snippet: part, that “[n]otwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication

MICHELLE A HOLLINGSWORTH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-04-01T00:53:00-07:00

Snippet: defendant is deemed unlikely to reoffend, see section 948.01(2), Florida Statutes (2018), or the trial court

ANTOINE ROBINSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-26T00:53:00-07:00

Snippet: imposition of probation or community control. See § 948.01(2), Fla. Stat. (2011) (if a court withholds adjudication…probation or community control as required by section 948.01(2) and rule 3.670. We presume that the Legislature…because such inaction would be illegal under section 948.01(2) and rule 3.670. As such, we conclude that a …probation or community control as required by section 948.01(2) and rule 3.670. We can find no cases which would

Cadet v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:00:00-07:00

Citation: 274 So. 3d 1178

Snippet: imposed by the Department of Corrections. See § 948.001, Fla. Stat (2008) ; State v. Nazario, 100 So. 3d

Cadet v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:00:00-07:00

Citation: 274 So. 3d 1178

Snippet: imposed by the Department of Corrections. See § 948.001, Fla. Stat (2008) ; State v. Nazario, 100 So. 3d

Michael John Triatik v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-28T00:53:00-07:00

Snippet: the welfare of society” appeared to require. § 948.01(2), Fla. Stat. (allowing a court to withhold sentencing

The Florida Bar v. Jacqueline Marie Kinsella

Court: Fla. | Date Filed: 2018-12-20T00:00:00-08:00

Citation: 260 So. 3d 1046

Snippet: presently suffer the penalty imposed by law." § 948.01(2), Fla. Stat. (2018). The dissenting opinion

TIMOTHY TURNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-19T00:00:00-08:00

Citation: 261 So. 3d 729

Snippet: quot;intensive, supervised custody." See § 948.001(2), Fla. Stat. (1998) (defining "community

Rodney Tyrone Lowe v. State of Florida

Court: Fla. | Date Filed: 2018-10-19T00:00:00-07:00

Citation: 259 So. 3d 23

Snippet: of "community control" under section 948.001(3), Florida Statutes (2011), is virtually identical

JOEL CANCHOLA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-07T00:53:00-07:00

Snippet: a defendant's probationary sentence. See § 948.01(1) ("Any state court having original jurisdiction

State v. Jene-Charles

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-08T00:53:00-07:00

Snippet: its discretion, withholds adjudication, section 948.01(2), Florida Statutes (2016), provides that “the