Florida Statutes
Fla. Stat. § 948.039 (2025)
Special terms and conditions of probation or community control imposed by court order.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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948.039 Special terms and conditions of probation or community control imposed by court order.—The court may determine any special terms and conditions of probation or community control. The terms and conditions should be reasonably related to the circumstances of the offense committed and appropriate for the offender. The court shall impose the special terms and conditions by oral pronouncement at sentencing and include the terms and conditions in the written sentencing order. Special terms and conditions may include, but are not limited to, requirements that the offender:
(1) Attend an HIV/AIDS awareness program consisting of a class of not less than 2 hours or more than 4 hours in length, if such a program is available in the county of the offender’s residence. The offender shall pay the cost of attending the program.
(2) Pay not more than $1 per month during the term of probation or community control to a nonprofit organization established for the sole purpose of supplementing the rehabilitative efforts of the Department of Corrections.
Notes of Decisions
Cited in 13
cases (7 in the last 5 years), 2011–2026 · leading case: Victor Villanueva v. State of Florida, 200 So. 3d 47 (Fla. 2016).
Victor Villanueva v. State of Florida, 200 So. 3d 47 (Fla. 2016). “”); § 948.039, Fla. Stat. (2008) (“The court may determine any special terms and conditions of probation or community control.”
Velez-Pizzini v. State, 58 So. 3d 278 (Fla. 5th DCA 2011). “1 Section 948.039, Florida Statutes (2009), mandates that trial courts impose special conditions of probation by oral pronouncement and written order.”
Villanueva v. State, 118 So. 3d 999 (Fla. 3d DCA 2013). “(2011) (“The enumeration of specific kinds of terms and conditions [for probation] shall not prevent the court from adding thereto such other or others as it considers proper.”
Lavender v. State, 203 So. 3d 969 (Fla. 2d DCA 2016). “§ 948.039, Fla. Stat. (2014).: Here, the requirement of maintaining a daily activity log is not statutorily authorized under sections 948.”
Ronald L. Thompson v. State of Florida, 239 So. 3d 1269 (Fla. 2d DCA 2018). “2d DCA 2016) (citing § 948.039, Fla. Stat. (2014)). See § 948.”
Victor Villanueva v. State of Florida (Fla. 2016). “”); § 948.039, Fla. Stat. (2008) (“The court may determine any special terms and conditions of probation or community control.”
Richard Caldwell v. State of Florida (Fla. 4th DCA 2022). “” § 948.039, Fla. Stat. (2019). “To impose a special condition of probation, there must be a reasonable nexus between the condition and the crime committed.”
Dale E. Folsom v. State of Florida (Fla. 1st DCA 2024). “” § 948.039, Fla. Stat. There is nothing in the law that prevented the trial court from including the terms and conditions of drug-offender probation as part of Folsom’s overall probation.”
Carissa Parker v. State of Florida (Fla. 1st DCA 2025). “Parker also challenges special conditions 20 and 22 as not “reasonably related to the circumstances of the offense committed and appropriate for the offender” as required by section 948.039, Florida Statutes. These challenges were raised in Parker’s rule 3.”
Carissa Parker v. State of Florida (Fla. 1st DCA 2024). “Special condition 22 requires Parker to “successfully complete parenting classes.”
Jean Claude Noel v. State of Florida (Fla. 4th DCA 2024). “§ 948.039, Fla. Stat. (2021); Metellus v.”
Donell Dowell v. State of Florida (Fla. 5th DCA 2025). “See § 948.039, Fla. Stat. (“The court shall impose the special terms and conditions by oral pronouncement at sentencing and include the terms and conditions in the written sentencing order.”
— 948.039(2) — 1 case
Velez-Pizzini v. State, 58 So. 3d 278 (Fla. 5th DCA 2011). “1 Section 948.039, Florida Statutes (2009), mandates that trial courts impose special conditions of probation by oral pronouncement and written order.”
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