Florida Statute 948.015 | 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. 948.015

948.015 Presentence investigation reports.—The circuit court, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty and has a lowest permissible sentence under the Criminal Punishment Code of any nonstate prison sanction, may refer the case to the department for investigation or recommendation. Upon such referral, the department shall make the following report in writing at a time specified by the court prior to sentencing. The full report shall include:

(1) A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement, including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and any additional terms of agreement; and, at the offender’s discretion, his or her version and explanation of the criminal activity.

(2) The offender’s sentencing status, including whether the offender is a first offender, a habitual or violent offender, a youthful offender, or is currently on probation.

(3) The offender’s prior record of arrests and convictions.

(4) The offender’s educational background.

(5) The offender’s employment background, including any military record, present employment status, and occupational capabilities.

(6) The offender’s financial status, including total monthly income and estimated total debts.

(7) The social history of the offender, including his or her family relationships, marital status, interests, and activities.

(8) The residence history of the offender.

(9) The offender’s medical history and, as appropriate, a psychological or psychiatric evaluation.

(10) Information about the environments to which the offender might return or to which the offender could be sent should a sentence of nonincarceration or community supervision be imposed by the court, and consideration of the offender’s plan concerning employment supervision and treatment.

(11) Information about any resources available to assist the offender, such as:

(a) Treatment centers.

(b) Residential facilities.

(d) Special education programs.

(e) Services that may preclude or supplement commitment to the department.

(12) The views of the person preparing the report as to the offender’s motivations and ambitions and an assessment of the offender’s explanations for his or her criminal activity.

(13) An explanation of the offender’s criminal record, if any, including his or her version and explanation of any previous offenses.

(14) A statement regarding the extent of any victim’s loss or injury.

(15) A recommendation as to disposition by the court. The department shall make a written determination as to the reasons for its recommendation, and shall include an evaluation of the following factors:

(a) The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision for the offender.

(b) The ability or inability of the department to provide an adequate level of supervision for the offender in the community and a statement of what constitutes an adequate level of supervision.

(c) The existence of other treatment modalities which the offender could use but which do not exist at present in the community.

History.—s. 3, ch. 91-280; s. 1684, ch. 97-102; s. 33, ch. 97-194; s. 18, ch. 98-204; s. 64, ch. 2004-357.

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Amendments to 948.015

Arrestable Offenses / Crimes under Fla. Stat. 948.015

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.015.

Annotations, Discussions, Cases:

Cases Citing Statute 948.015

Total Results: 17

Earnest Carl Daugthrey v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2023-12-06

Snippet: maximum lawful sentence. This is incorrect. Section 948.15(1) provides the legal basis for his sentence. We

Alvin Davis v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-04-25

Citation: 268 So. 3d 958

Snippet: and offender’s explanation of prior offenses); § 948.015 (same PSI contents for non-state-prison sanctions)

ANTHONY CHAS PARR v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-23

Citation: 247 So. 3d 550

Snippet: sentence for the defendant. See §§ 921.231(1)(c); 948.015(3), Fla. Stat. (2016). Arrests and convictions

State v. Cotton

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 737, 2016 Fla. App. LEXIS 2859, 2016 WL 746359

Snippet: to six months, see §§ 775.082(4)(b), 948.15(1), Fla. Stat. (2013), the adverse impact of vice

Shawntavian Tucker v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-08-19

Citation: 174 So. 3d 485, 2015 Fla. App. LEXIS 12478

Snippet: probation or less. See §§ 322.34(2)(a), 948.15(1), Fla. Stat. (2012); Sloan v. State,

Tluczek v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-01-17

Citation: 130 So. 3d 730, 2014 WL 185195, 2014 Fla. App. LEXIS 445

Snippet: v. State, 484 So.2d 581 (Fla.1986)); see also § 948.15(1), Fla. Stat. (2011). However, there appear to

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2013-03-28

Citation: 124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Snippet: Fla. R.Crim. F. 3.712.-) -§-§-921.231(l)(i),-948.015(9), Fla, - Stat. (2) Any person-filingThe filer

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 68 So. 3d 228, 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473

Snippet: evaluations. Fla. R.Crim. P. 3.712; §§ 921.231(1)(i), 948.015(9), Fla. Stat. (2)-(4) [No change] (e)-(i) [No

MEMORIAL HOSP.-WEST VOLUSIA v. News-Journal

Court: District Court of Appeal of Florida | Date Filed: 2006-03-24

Citation: 927 So. 2d 961, 2006 WL 735965

Snippet: services for misdemeanants pursuant to section 948.15, Florida Statutes. This Court held that because

Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2004-10-07

Citation: 886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Snippet: rule: The amendment adds subdivision (b). Section 948.015, Florida Statutes, is by its own terms inapplicable

Darley v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-02-21

Citation: 751 So. 2d 737, 2000 Fla. App. LEXIS 1621, 2000 WL 196656

Snippet: and are therefore illegal. See §§ 775.082(4)(b) & 948.15(1), Fla. Stat. (1997). And see Smith v. State,

Putnam County Humane Soc., Inc. v. Woodward

Court: District Court of Appeal of Florida | Date Filed: 1999-08-27

Citation: 740 So. 2d 1238, 1999 WL 650599

Snippet: services for misdemeanants pursuant to section 948.15, Florida Statutes. The contract required the Salvation

Stanfield v. Salvation Army

Court: District Court of Appeal of Florida | Date Filed: 1997-06-13

Citation: 695 So. 2d 501, 25 Media L. Rep. (BNA) 2214

Snippet: services for misdemeanants pursuant to section 948.15, Florida Statutes.[2] The language of the contract

Moreno v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-06-26

Citation: 675 So. 2d 1026, 1996 Fla. App. LEXIS 6707, 1996 WL 347021

Snippet: alleged error in the defendant’s sentence, Section 948.15(1), Florida Statutes (1995), states that a defendant

D.V.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-02-18

Citation: 632 So. 2d 221, 1994 Fla. App. LEXIS 1212

Snippet: majority in this case, relying primarily on section 948.15 [adults can be placed on probation for six months

DVS v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-02-18

Citation: 632 So. 2d 221, 1994 WL 46933

Snippet: majority in this case, relying primarily on section 948.15 [adults can be placed on probation for six months

Collins v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-10-20

Citation: 626 So. 2d 991, 1993 Fla. App. LEXIS 10656, 1993 WL 417571

Snippet: is guilty of a first-degree misdemeanor. Section 948.15(1), Florida Statutes (1991), provides that a defendant