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Florida Statute 948.012 - Full Text and Legal Analysis
Florida Statute 948.012 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
F.S. 948.012
948.012 Split sentence of probation or community control and imprisonment.
(1) If punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence which may include a term of years or less. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court. Except as provided in s. 944.4731(2)(b) and subsection (6), the period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances.
(2) The court may also impose a split sentence whereby the defendant is sentenced to a term of probation which may be followed by a period of incarceration or, with respect to a felony, into community control, as follows:
(a) If the offender meets the terms and conditions of probation or community control, any term of incarceration may be modified by court order to eliminate the term of incarceration.
(b) If the offender does not meet the terms and conditions of probation or community control, the court may revoke, modify, or continue the probation or community control as provided in s. 948.06. If the probation or community control is revoked, the court may impose any sentence that it could have imposed at the time the offender was placed on probation or community control. The court may not provide credit for time served for any portion of a probation or community control term toward a subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses pending before the court for sentencing, would exceed the maximum penalty allowable as provided in s. 775.082. Such term of incarceration shall be served under applicable law or county ordinance governing service of sentences in state or county jurisdiction. This paragraph does not prohibit any other sanction provided by law.
(3) The court may also impose split probation whereby, upon satisfactory completion of half the term of probation, the Department of Corrections may place the offender on administrative probation for the remainder of the term of supervision.
(4) Effective for offenses committed on or after September 1, 2005, the court must impose a split sentence pursuant to subsection (1) for any person who is convicted of a life felony for lewd and lascivious molestation pursuant to s. 800.04(5)(b) if the court imposes a term of years in accordance with s. 775.082(3)(a)4.a.(II) rather than life imprisonment. The probation or community control portion of the split sentence imposed by the court for a defendant must extend for the duration of the defendant’s natural life and include a condition that he or she be electronically monitored.
(5)(a) Effective for offenses committed on or after October 1, 2014, if the court imposes a term of years in accordance with s. 775.082 which is less than the maximum sentence for the offense, the court must impose a split sentence pursuant to subsection (1) for any person who is convicted of a violation of:
1. Section 782.04(1)(a)2.c.;
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Section 794.011, excluding s. 794.011(10);
5. Section 800.04;
6. Section 825.1025; or
7. Section 847.0135(5).
(b) The probation or community control portion of the split sentence imposed by the court must extend for at least 2 years. However, if the term of years imposed by the court extends to within 2 years of the maximum sentence for the offense, the probation or community control portion of the split sentence must extend for the remainder of the maximum sentence.
(6) If a defendant who has been sentenced to a split sentence pursuant to subsection (1) is transferred to the custody of the Department of Children and Families pursuant to part V of chapter 394, the period of probation or community control is tolled until such person is no longer in the custody of the Department of Children and Families. This subsection applies to all sentences of probation or community control which begin on or after October 1, 2014, regardless of the date of the underlying offense.
History.s. 1, ch. 67-204; s. 12, ch. 74-112; s. 13, ch. 83-131; s. 14, ch. 85-288; s. 14, ch. 91-225; s. 1, ch. 91-280; s. 21, ch. 97-78; s. 121, ch. 99-3; ss. 4, 8, 9, ch. 2004-373; s. 14, ch. 2005-28; s. 115, ch. 2006-1; s. 6, ch. 2007-2; s. 2, ch. 2008-182; s. 14, ch. 2014-4; s. 22, ch. 2016-127; s. 3, ch. 2017-115; s. 135, ch. 2019-167.
Note.Former s. 948.01(6), (11), (12).

F.S. 948.012 on Google Scholar

F.S. 948.012 on CourtListener

Amendments to 948.012


Annotations, Discussions, Cases:

Cases Citing Statute 948.012

Total Results: 10

Barber v. State

207 So. 3d 379, 2016 Fla. App. LEXIS 19232

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631331

Cited 10 times | Published

was placed on probation or community control.” § 948.012(2)(b), Fla. Stat. (2015). The trial court found

Elbert v. State

20 So. 3d 961, 2009 Fla. App. LEXIS 15522, 2009 WL 3270834

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1640211

Cited 1 times | Published

Fla. Stat. (1991) (subsequently renumbered as § 948.012(1), see ch. 2004-373, § 4, Laws of Fla.). All

Maxwell v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422842

Published

impose probationary split sentences”); but cf. § 948.012, Fla. Stat. He sought way back to withdraw that

STATE OF FLORIDA v. EDWARD FIDDEMON

District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195206

Published

to review an alleged sentencing error under section 948.012(1), Florida Statutes (2010), our review is

MICHELLE A HOLLINGSWORTH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033713

Published

sentence of incarceration followed by probation. § 948.012(1), Fla. Stat. (2018). In such event, the court

Thomas Benjamin Brown v. State of Florida

264 So. 3d 1097

District Court of Appeal of Florida | Filed: Feb 15, 2019 | Docket: 14554407

Published

a civil commitment is further supported by section 948.012(6), Florida Statutes. In 2014, the subsection

Billy Joe Fowler v. State of Florida

225 So. 3d 1005, 2017 WL 4018419, 2017 Fla. App. LEXIS 13044

District Court of Appeal of Florida | Filed: Sep 13, 2017 | Docket: 6158993

Published

trial court also has the option provided in Section 948.012, Florida Statutes (2014), to impose a split

State v. Robinson

138 So. 3d 1225, 2014 WL 2500638, 2014 Fla. App. LEXIS 8387

District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60240546

Published

such period as may be imposed by the court.” § 948.012(1), Fla. Stat. (2011). See also Helton v. State

Waterman v. State

46 So. 3d 154, 2010 Fla. App. LEXIS 15903, 2010 WL 4140287

District Court of Appeal of Florida | Filed: Oct 22, 2010 | Docket: 1928014

Published

probation while still imposing a lawful sentence. See § 948.012(2)(b), Fla. Stat. (2008). Accordingly, when a

King v. State

990 So. 2d 1191, 2008 WL 4265182

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1291946

Published

[3] This provision is currently found at section 948.012(1), Florida Statutes (2008). [4] In Martin