Florida Statute 948.012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

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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 Casetext

Amendments to 948.012

Arrestable Offenses / Crimes under Fla. Stat. 948.012

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.012.

Annotations, Discussions, Cases:

Cases Citing Statute 948.012

Total Results: 16

Maxwell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

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

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-06-02

Snippet: person’s natural life, as provided in s. 948.012(4). § 775.082(3)(a)4.a., Fla. Stat. (2016). Citing

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-02-17

Snippet: person’s natural life, as provided in s. 948.012(4). § 775.082(3)(a)4.a., Fla. Stat. (2016). Citing

STATE OF FLORIDA v. EDWARD FIDDEMON

Court: District Court of Appeal of Florida | Date Filed: 2020-05-27

Snippet: review an alleged sentencing error under section 948.012(1), Florida Statutes (2010), our review is de novo

MICHELLE A HOLLINGSWORTH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-04-01

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

Thomas Benjamin Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-02-15

Citation: 264 So. 3d 1097

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

Billy Joe Fowler v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-09-13

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

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

Barber v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-30

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

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

Kerr v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-11-20

Citation: 182 So. 3d 673, 2015 Fla. App. LEXIS 17419, 2015 WL 7302505

Snippet: .the person’s natural life, as provided in s. 948.012(4).” § 775.082(3)(a)4.,. Fla. Stat. Although the

Kemar Rochester v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-06-05

Citation: 140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Snippet: of the person’s natural life, as provided in s. 948.012(4). b. For a life felony committed on or after

State v. Robinson

Court: District Court of Appeal of Florida | Date Filed: 2014-06-03

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

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

Rochester v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-08

Citation: 95 So. 3d 407, 2012 WL 3192726, 2012 Fla. App. LEXIS 13202

Snippet: of the person’s natural life, as provided in s. 948.012(4). § 775.082(3)(a)4., Fla. Stat. (emphasis added)

Waterman v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-22

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

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

Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-06-11

Citation: 36 So. 3d 188, 2010 Fla. App. LEXIS 8247, 2010 WL 2330419

Snippet: of the person's natural life, as provided in s. 948.012(4). The State concedes, and we agree, that Montgomery's

Elbert v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-14

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

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

King v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-19

Citation: 990 So. 2d 1191, 2008 WL 4265182

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