Florida Statutes

Fla. Stat. § 948.012 (2025)

Split sentence of probation or community control and imprisonment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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).

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 2008–2025 · leading case: State v. Grady, 831 S.E.2d 542 (N.C. 2019).

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State v. Grady, 831 S.E.2d 542 (N.C. 2019). · cites it 4× “Penal Code § 3004 (b) (West 2016); Fla. Stat. § 948.012 (4) (2016); Kan. Stat.”

Barber v. State, 207 So. 3d 379 (Fla. 5th DCA 2016). · cites it 2× “” § 948.012(2)(b), Fla. Stat. (2015). The trial court found that Barber was in violation of non-monetary conditions of his probation, revoked his probation, and imposed a guidelines sentence of imprisonment.”

Alexander Rose v. State of Rhode Island, 92 A.3d 903 (R.I. 2014). · cites it 2× “§ 53a-31(a) (West 2012) (specifying that when probation “is preceded by a sentence of imprisonment with execution suspended after a period of imprisonment set by the court, it commences on the day the defendant is released from such imprisonment”); Fla. Stat. Ann. § 948.012 (1)…”

State v. Robinson, 138 So. 3d 1225 (Fla. 1st DCA 2014). · cites it 2× “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.”

Thomas Benjamin Brown v. State of Florida, 264 So. 3d 1097 (Fla. 1st DCA 2019). · cites it 2× “2 The conclusion that probation starts as soon as a defendant is released to a civil commitment is further supported by section 948.012(6), Florida Statutes. In 2014, the subsection was amended to indicate probation or supervision was to be tolled while a defendant was civilly…”

King v. State, 990 So. 2d 1191 (Fla. 5th DCA 2008). · cites it 2× “[2] Specifically, the trial court observed at the conclusion of the violation of probation hearing that the defendant "has apparently a financial inability to comply with these terms of his probation.”

State of Florida v. Edward Fiddemon (Fla. 4th DCA 2020). · cites it 16× “See § 948.012, Fla. Stat. (2019) (“Whenever 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…”

Elbert v. State, 20 So. 3d 961 (Fla. 2d DCA 2009). “(1991) (subsequently renumbered as § 948.012(1), see ch. 2004-373, § 4, Laws of Fla.”

Waterman v. State, 46 So. 3d 154 (Fla. 2d DCA 2010). “See § 948.012(2) (b), Fla. Stat. (2008). Accordingly, when a trial court imposes the maximum sentence upon revocation of probation and properly awards credit for time served, the sentence is lawful because the defendant will never serve more than the statutory maximum.”

Hall (N.D. Fla. 2025). · cites it 8× “In 2014, the Florida Legislature added this provision to its probation statute, Fla. Stat. § 948.012 : (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…”

Billy Joe Fowler v. State of Florida, 225 So. 3d 1005 (Fla. 1st DCA 2017). · cites it 5× “” The trial court also has the option provided in Section 948.012, Florida Statutes (2014), to impose a split sentence of probation or community control and imprisonment.”

Michelle a Hollingsworth v. State of Florida (Fla. 4th DCA 2020). · cites it 2× “§ 948.012(1), Fla. Stat. (2018). In such event, the court will “stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation[.”

Show all 14 citing cases →

— 948.012(1) — 5 cases

State v. Robinson, 138 So. 3d 1225 (Fla. 1st DCA 2014). “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.”

King v. State, 990 So. 2d 1191 (Fla. 5th DCA 2008). “[2] Specifically, the trial court observed at the conclusion of the violation of probation hearing that the defendant "has apparently a financial inability to comply with these terms of his probation.”

State of Florida v. Edward Fiddemon (Fla. 4th DCA 2020). “See § 948.012, Fla. Stat. (2019) (“Whenever 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…”

Elbert v. State, 20 So. 3d 961 (Fla. 2d DCA 2009). “(1991) (subsequently renumbered as § 948.012(1), see ch. 2004-373, § 4, Laws of Fla.”

Michelle a Hollingsworth v. State of Florida (Fla. 4th DCA 2020). “§ 948.012(1), Fla. Stat. (2018). In such event, the court will “stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation[.”

— 948.012(2) — 1 case

— 948.012(2)(a) — 1 case

Billy Joe Fowler v. State of Florida, 225 So. 3d 1005 (Fla. 1st DCA 2017). “” The trial court also has the option provided in Section 948.012, Florida Statutes (2014), to impose a split sentence of probation or community control and imprisonment.”

— 948.012(2)(b) — 1 case

Barber v. State, 207 So. 3d 379 (Fla. 5th DCA 2016). “” § 948.012(2)(b), Fla. Stat. (2015). The trial court found that Barber was in violation of non-monetary conditions of his probation, revoked his probation, and imposed a guidelines sentence of imprisonment.”

— 948.012(6) — 3 cases

Thomas Benjamin Brown v. State of Florida, 264 So. 3d 1097 (Fla. 1st DCA 2019). “2 The conclusion that probation starts as soon as a defendant is released to a civil commitment is further supported by section 948.012(6), Florida Statutes. In 2014, the subsection was amended to indicate probation or supervision was to be tolled while a defendant was civilly…”

Hall (N.D. Fla. 2025). “In 2014, the Florida Legislature added this provision to its probation statute, Fla. Stat. § 948.012 : (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…”

Brown v. Sec'y, Florida Dep't of Corr. (Duval Cnty.) (M.D. Fla. 2022).

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