Florida Statute 948.03 | 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. 948.03

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.

(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.

F.S. 948.03 on Google Scholar

F.S. 948.03 on Casetext

Amendments to 948.03

Arrestable Offenses / Crimes under Fla. Stat. 948.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.03.

Annotations, Discussions, Cases:

Cases Citing Statute 948.03

Total Results: 20

Jean Claude Noel v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-20

Snippet: oral pronouncement at the time of sentencing.” § 948.03(1), Fla. Stat. (2021); State v. Hart, 668 So. 2d

Dale E. Folsom v. State of Florida

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

Snippet: followed by a period of probation”). Section 948.03(1), Florida Statutes, gives the trial court the

ROBERDD DOUCHARD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-22

Snippet: section 948.03(1)(m), Florida Statutes (1995), included the word “knowingly.” See § 948.03(1)(n),

LORENZO KEANDRE SMITH vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-10-03

Snippet: probation, which arrangement is authorized by section 948.03(2), Florida Statutes (2020) (stating that “[t]he

LORENZO KEANDRE SMITH vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-10-03

Snippet: probation, which arrangement is authorized by section 948.03(2), Florida Statutes (2020) (stating that “[t]he

SHERRI LAVICTOIRE MARQUIS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-05-25

Snippet: conditions because they are not authorized by section 948.03, Florida Statutes (2020), or Florida Rule of Criminal

TYRONE G. JENKINS, JR. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-01-05

Snippet: is not a general condition of probation. See § 948.03, Fla. Stat. (2020).

DANIELLE ELIZABETH HITCHMAN v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-07-28

Snippet: “determine the terms and conditions of probation.” § 948.03(1), Fla. Stat. In the instant case, Hitchman

MARK METELLUS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-01-13

Snippet: condition of probation authorized by either section 948.03, Florida Statutes (2017) or Florida Rule of Criminal

MARK METELLUS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-11-18

Snippet: condition of probation authorized by either section 948.03, Florida Statutes (2017) or Florida Rule of Criminal

DONALD E. WILSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-22

Snippet: He instead filed his motion pursuant to section 948.03(2), Florida Statutes (2017), which states that

ROBERT A. MALDONADO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-21

Snippet: the relevant subsection did not change. Compare § 948.03(5)(b)5., Fla. Stat. (1999), with § 948.30(2)(e)

Osborne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-03

Citation: 272 So. 3d 794

Snippet: motions without an evidentiary hearing. Section 948.03(2), Florida Statutes (2018), provides that a trial

Osborne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-03

Citation: 272 So. 3d 794

Snippet: motions without an evidentiary hearing. Section 948.03(2), Florida Statutes (2018), provides that a trial

JEREMY LIVINGSTONE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-12

Citation: 268 So. 3d 252

Snippet: " This language tracks the language of section 948.03(1)(m), Florida Statutes (2015). Although chapter

STATE OF FLORIDA v. CHRISTOPHER WALK

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 267 So. 3d 437

Snippet: removed that condition of probation. Section 948.03(2), Florida Statutes, generally allows a trial

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-04

Citation: 265 So. 3d 494

Snippet: general conditions of probation pursuant to section 948.03, Florida Statutes.]" and "SPECIAL CONDITIONS: [List

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-07-19

Snippet: -7- 948.03, Florida Statutes.]” and “SPECIAL CONDITIONS: [List

Lavender v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-04

Citation: 203 So. 3d 969, 2016 Fla. App. LEXIS 16437

Snippet: statutorily authorized under sections 948.101 and 948.03, and thus it was required to be orally pronounced

Victor Villanueva v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Snippet: a probationer’s rehabilitation. Id. (citing §§ 948.03(2), 948.039, Fla. Stats. (2011)). Accordingly