948.03
Terms and conditions of probation.
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948.03 Terms and conditions of probation.—
(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall:
(a) Report to the probation officer as directed. Such reporting requirements may be fulfilled through remote reporting if approved by the relevant probation officer, the relevant county probation authority or entity, or the Department of Corrections and if the court has not excluded the possibility of remote reporting by the defendant in his or her order of probation. If the Department of Corrections or a county probation authority or entity elects to authorize remote reporting, it must adopt and make available remote probation reporting policies.
(b) Permit the probation officer to visit him or her at his or her home or elsewhere.
(c) Work faithfully at suitable employment insofar as may be possible.
(d) Remain within a specified place.
(e) Live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of probation, community control, or any other form of court-ordered supervision.
(f) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that clear and compelling reasons exist to the contrary. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, it shall state on the record in detail the reasons therefor.
(g) Effective July 1, 1994, and applicable for offenses committed on or after that date, make payment of the debt due and owing to a county or municipal detention facility under s. 951.032 for medical care, treatment, hospitalization, or transportation received by the felony probationer while in that detention facility. The court, in determining whether to order such repayment and the amount of the repayment, shall consider the amount of the debt, whether there was any fault of the institution for the medical expenses incurred, the financial resources of the felony probationer, the present and potential future financial needs and earning ability of the probationer, and dependents, and other appropriate factors.
(h) Support his or her legal dependents to the best of his or her ability.
(i) Make payment of the debt due and owing to the state under s. 960.17, subject to modification based on change of circumstances.
(j) Pay any application fee assessed under s. 27.52(1)(b) and attorney’s fees and costs assessed under s. 938.29, subject to modification based on change of circumstances.
(k) Not associate with persons engaged in criminal activities.
(l)1. Submit to random testing as directed by the probation officer or the professional staff of the treatment center where he or she is receiving treatment to determine the presence or use of alcohol or controlled substances.
2. If the offense was a controlled substance violation and the period of probation immediately follows a period of incarceration in the state correctional system, the conditions must include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the probation officer.
(m) Be prohibited from possessing, carrying, or owning any:
1. Firearm.
2. Weapon without first procuring the consent of the probation officer.
(n) Be prohibited from using intoxicants to excess or possessing any drugs or narcotics unless prescribed by a physician, an advanced practice registered nurse, or a physician assistant. The probationer or community controllee may not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.
(o) Submit to the drawing of blood or other biological specimens as prescribed in ss. 943.325 and 948.014, and reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement.
(p) Submit to the taking of a digitized photograph by the department as a part of the offender’s records. This photograph may be displayed on the department’s public website while the offender is under court-ordered supervision. However, the department may not display the photograph on the website if the offender is only on pretrial intervention supervision or if the offender’s identity is exempt from disclosure due to an exemption from the requirements of s. 119.07.
(2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto such other or others as it considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of probation, the period may not exceed 364 days, and incarceration shall be restricted to either a county facility, or a probation and restitution center under the jurisdiction of the Department of Corrections.
History.—s. 23, ch. 20519, 1941; s. 5, ch. 77-452; s. 1, ch. 81-198; s. 3, ch. 83-75; s. 16, ch. 83-131; s. 192, ch. 83-216; s. 3, ch. 83-256; s. 8, ch. 84-363; s. 15, ch. 85-288; s. 5, ch. 87-211; s. 11, ch. 88-96; ss. 70, 71, ch. 88-122; s. 37, ch. 89-526; s. 10, ch. 90-287; ss. 8, 17, ch. 90-337; s. 11, ch. 91-225; s. 4, ch. 91-280; s. 23, ch. 92-310; s. 10, ch. 93-37; s. 15, ch. 93-227; s. 1, ch. 94-294; s. 1, ch. 95-189; ss. 53, 59, ch. 95-283; s. 1, ch. 96-170; s. 4, ch. 96-232; s. 54, ch. 96-312; s. 6, ch. 96-409; s. 22, ch. 97-78; s. 1877, ch. 97-102; s. 11, ch. 97-107; s. 27, ch. 97-234; s. 44, ch. 97-271; s. 3, ch. 97-308; s. 14, ch. 98-81; s. 15, ch. 98-251; s. 122, ch. 99-3; s. 13, ch. 99-201; s. 3, ch. 2000-246; s. 6, ch. 2001-50; s. 1045, ch. 2002-387; s. 1, ch. 2003-18; s. 1, ch. 2003-63; s. 136, ch. 2003-402; ss. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, ch. 2004-373; s. 116, ch. 2006-1; s. 28, ch. 2008-172; s. 18, ch. 2010-64; s. 19, ch. 2016-224; s. 5, ch. 2017-115; s. 86, ch. 2018-106; s. 97, ch. 2018-110; s. 2, ch. 2022-166.
Notes of Decisions
Cited in 414
cases (13 in the last 5 years), 1952–2026 · leading case: Kasischke v. State
Kasischke v. State (2008)
“; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; revising a provision that prohibits a sex offender from viewing, owning or possessing certain materials; prohibiting a sex offender from possessing…”
Victor Villanueva v. State of Florida (2016)
“Because I conclude that the trial court acted within the broad discretion provided by section 948.03, Florida Statutes (2011), for trial courts to impose conditions of probation, I would approve the decision of the Third District on review.”
Woodson v. State (2004)
“[2] The record contains an exhibit, signed by Woodson, specifically listing these conditions and all of the sex offender conditions required under section 948.03. This exhibit also contains a signature, apparently affixed by a clerk or other court personnel, indicating that…”
State v. Jones (1976)
“Section 948.03, Florida Statutes (1973), prescribes the terms and conditions of probation and specifically authorizes the trial court to add such other conditions as it considers proper.”
Fresneda v. State (1977)
“" In disposing of the motion to correct illegal sentence, the trial court passed on the constitutionality of Section 948.03, Florida Statutes (1975). Accordingly, we have jurisdiction.”
Del Valle v. State (2011)
“The court is also required to make payment of restitution a condition of probation in accordance with section 948.03, Florida Statutes (2011). That section, entitled "Terms and conditions of probation," states that the trial court "shall" make "restitution a condition of…”
Reyes v. State (1995)
“Reyes' written probation order because that condition is statutorily mandated, § 948.03(1)(i), Fla. Stat. (1991), and is reasonably related to his rehabilitation.”
Bentley v. State (1982)
“Section 948.03, Florida Statutes, does not require that the trial judge specify his reasons for imposing conditions of probation, but a cautious trial judge may see fit to do so in the event an appellate court undertakes to review for substance and reasonableness.”
Villery v. Florida Parole & Probation Com'n (1981)
“Section 948.03(1), Florida Statutes (1979), lists the terms and conditions of probation which may be imposed on a defendant.”
Lippman v. State (1994)
“Section 948.03, Florida Statutes (1987), confers broad authority on the trial court to "determine the terms and conditions of probation.”
Nank v. State (1994)
“, § 948.03, Fla. Stat. (1991). [4] The court also noted in Biller, however, that the requirements of Rodriquez are not applicable to the "many general conditions imposed upon most, if not all, probationers which are broadly directed toward supervision and rehabilitation.”
Kiriazes v. State (2001)
“Although oral pronouncement of the probation conditions specified by section 948.03(5) [1] for sex offenders is not required, in the instant case the conditions were neither imposed orally at sentencing nor in the written order of probation.”
— 948.03(1) — 52 cases
Victor Villanueva v. State of Florida (2016)
“Because I conclude that the trial court acted within the broad discretion provided by section 948.03, Florida Statutes (2011), for trial courts to impose conditions of probation, I would approve the decision of the Third District on review.”
Villery v. Florida Parole & Probation Com'n (1981)
“Section 948.03(1), Florida Statutes (1979), lists the terms and conditions of probation which may be imposed on a defendant.”
Bentley v. State (1982)
“Section 948.03, Florida Statutes, does not require that the trial judge specify his reasons for imposing conditions of probation, but a cautious trial judge may see fit to do so in the event an appellate court undertakes to review for substance and reasonableness.”
Jones v. State (2004)
State v. Green (1996)
— 948.03(1)(Z) — 1 case
Williams v. State (1996)
— 948.03(1)(a) — 6 cases
Davis v. State (1985)
State v. Nazario (2012)
Vasquez v. State (1995)
Fernandez v. State (1996)
Jackson v. State (2005)
— 948.03(1)(a)(m) — 1 case
Russman v. State (2004)
— 948.03(1)(b) — 5 cases
State v. Yule (2005)
State v. Springer (2007)
Brown v. State (1997)
Soca v. State (1995)
— 948.03(1)(c) — 10 cases
Watkins v. State (1979)
Vezina v. State (1994)
Burke v. State (1994)
State v. Green (1996)
Washington v. State (1996)
— 948.03(1)(e) — 31 cases
State v. Hawthorne (1991)
Kirby v. State (2003)
Grice v. State (1988)
Spivey v. State (1988)
Chatman v. State (1978)
— 948.03(1)(f) — 4 cases
Del Valle v. State (2011)
“The court is also required to make payment of restitution a condition of probation in accordance with section 948.03, Florida Statutes (2011). That section, entitled "Terms and conditions of probation," states that the trial court "shall" make "restitution a condition of…”
Kirkland v. State (1996)
Ward v. State (1987)
— 948.03(1)(g) — 14 cases
Fresneda v. State (1977)
“" In disposing of the motion to correct illegal sentence, the trial court passed on the constitutionality of Section 948.03, Florida Statutes (1975). Accordingly, we have jurisdiction.”
Ballance v. State (1984)
Bass v. State (1985)
DiOrio v. State (1978)
Barlow v. State (1980)
— 948.03(1)(i) — 10 cases
Reyes v. State (1995)
“Reyes' written probation order because that condition is statutorily mandated, § 948.03(1)(i), Fla. Stat. (1991), and is reasonably related to his rehabilitation.”
Nank v. State (1994)
“, § 948.03, Fla. Stat. (1991). [4] The court also noted in Biller, however, that the requirements of Rodriquez are not applicable to the "many general conditions imposed upon most, if not all, probationers which are broadly directed toward supervision and rehabilitation.”
Tomlinson v. State (1994)
Emond v. State (1995)
Zeigler v. State (1994)
— 948.03(1)(j) — 23 cases
Hayes v. State (1991)
Nank v. State (1994)
“, § 948.03, Fla. Stat. (1991). [4] The court also noted in Biller, however, that the requirements of Rodriquez are not applicable to the "many general conditions imposed upon most, if not all, probationers which are broadly directed toward supervision and rehabilitation.”
Luby v. State (1995)
Tillman v. State (1992)
Brock v. State (1997)
— 948.03(1)(j)(1) — 1 case
Vasquez v. State (1995)
— 948.03(1)(k) — 10 cases
Fernandez v. State (1996)
Gilchrist v. State (1996)
Jackson v. State (1997)
Brock v. State (1997)
McDaniels v. State (1996)
— 948.03(1)(k)(1) — 4 cases
Brock v. State (1996)
Jones v. State (2003)
Lunn v. State (1996)
Frey v. State (1996)
— 948.03(1)(l) — 3 cases
— 948.03(1)(m) — 4 cases
Johnson v. State (1997)
— 948.03(1)(n) — 4 cases
McRae v. State (1996)
— 948.03(1)(o) — 2 cases
— 948.03(10) — 1 case
Taylor v. State (2002)
— 948.03(10)(m) — 1 case
Nelson v. State (1996)
— 948.03(2) — 35 cases
Victor Villanueva v. State of Florida (2016)
“Because I conclude that the trial court acted within the broad discretion provided by section 948.03, Florida Statutes (2011), for trial courts to impose conditions of probation, I would approve the decision of the Third District on review.”
Kasischke v. State (2008)
“; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; revising a provision that prohibits a sex offender from viewing, owning or possessing certain materials; prohibiting a sex offender from possessing…”
Villery v. Florida Parole & Probation Com'n (1981)
“Section 948.03(1), Florida Statutes (1979), lists the terms and conditions of probation which may be imposed on a defendant.”
Bentley v. State (1982)
“Section 948.03, Florida Statutes, does not require that the trial judge specify his reasons for imposing conditions of probation, but a cautious trial judge may see fit to do so in the event an appellate court undertakes to review for substance and reasonableness.”
Lewis v. State (1981)
— 948.03(2)(a)(4) — 1 case
Brooks v. State (1995)
— 948.03(2)(b) — 1 case
Alexander v. State (1992)
— 948.03(2)(c) — 1 case
Davis v. State (1984)
— 948.03(3) — 8 cases
Chaney v. State (1984)
Myers v. State (1983)
Purvis v. State (1983)
Young v. State (1983)
— 948.03(3)(a)(1) — 1 case
Anthony v. State (2003)
— 948.03(4) — 10 cases
Harris v. State (2002)
State v. Torres (2004)
Smith v. State (1986)
Goldschmitt v. State (1986)
Williams v. State (2004)
— 948.03(5) — 47 cases
Reyes v. State (1995)
“Reyes' written probation order because that condition is statutorily mandated, § 948.03(1)(i), Fla. Stat. (1991), and is reasonably related to his rehabilitation.”
Woodson v. State (2004)
“[2] The record contains an exhibit, signed by Woodson, specifically listing these conditions and all of the sex offender conditions required under section 948.03. This exhibit also contains a signature, apparently affixed by a clerk or other court personnel, indicating that…”
Kasischke v. State (2008)
“; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; revising a provision that prohibits a sex offender from viewing, owning or possessing certain materials; prohibiting a sex offender from possessing…”
Kiriazes v. State (2001)
“Although oral pronouncement of the probation conditions specified by section 948.03(5) [1] for sex offenders is not required, in the instant case the conditions were neither imposed orally at sentencing nor in the written order of probation.”
Perez v. State (2002)
— 948.03(5)(a) — 23 cases
Kasischke v. State (2008)
“; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; revising a provision that prohibits a sex offender from viewing, owning or possessing certain materials; prohibiting a sex offender from possessing…”
Woodson v. State (2004)
“[2] The record contains an exhibit, signed by Woodson, specifically listing these conditions and all of the sex offender conditions required under section 948.03. This exhibit also contains a signature, apparently affixed by a clerk or other court personnel, indicating that…”
Bauer v. State (2012)
Kiriazes v. State (2001)
“Although oral pronouncement of the probation conditions specified by section 948.03(5) [1] for sex offenders is not required, in the instant case the conditions were neither imposed orally at sentencing nor in the written order of probation.”
— 948.03(5)(a)(10) — 1 case
Johnston v. State (2000)
— 948.03(5)(a)(3) — 2 cases
Adams v. State (2008)
Woodson v. State (2004)
— 948.03(5)(a)(5) — 2 cases
Wesner v. State (2003)
Enea v. State (2015)
— 948.03(5)(a)(6) — 1 case
Hicks v. State (2004)
— 948.03(5)(a)(7) — 7 cases
Kasischke v. State (2008)
“; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; revising a provision that prohibits a sex offender from viewing, owning or possessing certain materials; prohibiting a sex offender from possessing…”
Kasischke v. State (2006)
Sellers v. State (2009)
Ertley v. State (2001)
Taylor v. State (2002)
— 948.03(5)(a)(b) — 1 case
Boutwell v. State (2001)
— 948.03(5)(b) — 8 cases
Kline v. State (1987)
Woodson v. State (2004)
“[2] The record contains an exhibit, signed by Woodson, specifically listing these conditions and all of the sex offender conditions required under section 948.03. This exhibit also contains a signature, apparently affixed by a clerk or other court personnel, indicating that…”
Kiriazes v. State (2001)
“Although oral pronouncement of the probation conditions specified by section 948.03(5) [1] for sex offenders is not required, in the instant case the conditions were neither imposed orally at sentencing nor in the written order of probation.”
Lane v. State (2000)
C.C.M. v. State (2001)
— 948.03(5)(b)(5) — 1 case
Witchard v. State (2011)
— 948.03(5)(g) — 1 case
Kasischke v. State (2008)
“; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; revising a provision that prohibits a sex offender from viewing, owning or possessing certain materials; prohibiting a sex offender from possessing…”
— 948.03(6) — 20 cases
Kasischke v. State (2008)
“; requiring a curfew between specified hours; providing alternatives; revising requirements for treatment for sex offenders; revising a provision that prohibits a sex offender from viewing, owning or possessing certain materials; prohibiting a sex offender from possessing…”
Rowland v. State (1989)
State v. Springer (2007)
Singleton v. State (1991)
Gearhart v. State (2004)
— 948.03(7) — 18 cases
Clinger v. State (1988)
Lippman v. State (1994)
“Section 948.03, Florida Statutes (1987), confers broad authority on the trial court to "determine the terms and conditions of probation.”
Clark v. State (1991)
Delancey v. State (1995)
Jordan v. State (1992)
— 948.03(7)(a) — 1 case
Gatlin v. State (1999)
— 948.03(7)(c) — 1 case
Nelson v. State (1996)
— 948.03(8) — 6 cases
Gladfelter v. State (1993)
Small v. State (1991)
Williams v. State (1990)
Rosa v. State (1992)
Smith v. State (1990)
— 948.03(j) — 1 case
Wilson v. State (2003)
— 948.03(k) — 1 case
Torres v. State (1998)
— 948.03(l) — 1 case
Spry v. State (2000)
— 948.03(l)(a) — 3 cases
State v. Coleman (2010)
Gaal v. State (1992)
Davis v. State (2010)
— 948.03(l)(b) — 2 cases
Newton v. State (2010)
— 948.03(l)(c) — 5 cases
Pulecio v. State (2015)
Washington v. State (1996)
Hawkins v. State (1996)
Weekfall v. State (1996)
Woodruff v. State (1995)
— 948.03(l)(e) — 9 cases
Thomas v. State (1985)
K.M.C. v. State (1986)
State v. Ford (2010)
Pardes v. State (1997)
Waller v. State (1989)
— 948.03(l)(f) — 3 cases
Del Valle v. State (2011)
“The court is also required to make payment of restitution a condition of probation in accordance with section 948.03, Florida Statutes (2011). That section, entitled "Terms and conditions of probation," states that the trial court "shall" make "restitution a condition of…”
Villanueva v. State (2013)
Vernon v. State (1993)
— 948.03(l)(g) — 4 cases
J.S.H. v. State (1984)
Jones v. State (1983)
Stokes v. State (1979)
Maples v. State (1981)
— 948.03(l)(h) — 1 case
Martin v. State (1996)
— 948.03(l)(i) — 7 cases
Waters v. State (1988)
Heathcoe v. State (1995)
Dexter v. State (1995)
Johnson v. State (1995)
— 948.03(l)(j) — 5 cases
Swinton v. State (1996)
Holmes v. State (1996)
Shell v. State (1996)
Forsythe v. State (1992)
Joly v. State (1997)
— 948.03(l)(k) — 8 cases
Maddox v. State (2000)
Sanford v. State (1996)
Pardes v. State (1997)
Demott v. State (2015)
— 948.03(l)(k)(l) — 1 case
Phillips v. State (2008)
— 948.03(l)(m) — 2 cases
Knite v. State (2012)
Phillips v. State (2008)
— 948.03(l)(o) — 1 case
Burch v. State (2002)
— 948.03(n) — 1 case
O'CONNELL v. State (1999)
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