948.04
Period of probation; duty of probationer; early termination; conversion of term.
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948.04 Period of probation; duty of probationer; early termination; conversion of term.—
(1) Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No defendant placed on probation pursuant to s. 948.012(1) is subject to the probation limitations of this subsection. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control.
(2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.
(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.
(4) Except as provided in subsection (5), for defendants sentenced to probation on or after October 1, 2019, the court, upon motion by the probationer or the probation officer, shall either early terminate the probationer’s supervision or convert the supervisory term to administrative probation if all of the following requirements are met:
(a) The probationer has completed at least half of the term of probation to which he or she was sentenced.
(b) The probationer has successfully completed all other conditions of probation.
(c) The court has not found the probationer in violation of probation pursuant to a filed affidavit of violation of probation at any point during the current supervisory term.
(d) The parties did not specifically exclude the possibility of early termination or conversion to administrative probation as part of a negotiated sentence.
(e) The probationer does not qualify as a violent felony offender of special concern under s. 948.06(8)(b).
(5) Upon making written findings that continued reporting probation is necessary to protect the community or the interests of justice, the court may decline to early terminate the probationary term or convert the term to administrative probation for a probationer who is otherwise eligible under subsection (4).
(6) Subsections (4) and (5) do not apply to an offender on community control. If an offender on community control is subsequently placed on probation, he or she must complete half of the probationary term to which he or she was sentenced, without receiving credit for time served on community control, before being eligible for mandatory early termination or conversion to administrative probation under this section.
History.—s. 24, ch. 20519, 1941; s. 5, ch. 21775, 1943; s. 10, ch. 74-112; s. 1, ch. 79-77; s. 18, ch. 83-131; s. 3, ch. 83-228; s. 5, ch. 91-280; s. 1, ch. 92-76; s. 5, ch. 93-59; s. 1686, ch. 97-102; s. 31, ch. 2004-373; s. 12, ch. 2010-113; s. 61, ch. 2019-167.
Notes of Decisions
Cited in 68
cases (6 in the last 5 years), 1957–2025 · leading case: Rodriguez v. State
Rodriguez v. State (1983)
“" § 948.04, Fla. Stat. (1981). No basis for finding a violation of Rodriguez's probation appears.”
Gonzalez-Ramos v. State (2010)
“However, the State utilizes the tolling provisions in section 948.”
Watts v. State (1976)
“Until 1974, Fla. Stat. § 948.04 specified that a term of probation could not extend more than two years beyond the maximum permissible sentence.”
State v. Holmes (1978)
“In Watts , the court gave the reasoning for holding the combined periods within the statutory maximum in these words: Until 1974, Fla. Stat. § 948.04 specified that a term of probation could not extend more than two years beyond the maximum permissible sentence.”
State v. Hall (1994)
“2d at 632 (relying on 1957 version of section 948.04); Brooker v. State, 207 So.”
Sanders v. State (2010)
“See § 948.04(2), Fla. Stat. (1999) (“Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed.”
Crain v. State (2005)
“Section 948.04(2), Florida Statutes (2005), provides that a probationer is entitled to be released from probation upon expiration of his or her term.”
Therrien v. State (2005)
“[4] Section 948.04(3), Florida Statutes (2004), authorizes early termination of probation if the offender has not violated any terms of probation and has met all financial sanctions.”
Villery v. Florida Parole & Probation Com'n (1981)
“See §§ 948.04-.06, Fla. Stat. (1979). We agree with the District Court of Appeal, Third District, in McGowan v.”
Smith v. State (1986)
“(1983) (sixty days imprisonment); § 948.04 (six months probation). Section 948.”
Bouie v. State (1978)
“A timely notice of appeal was filed and now, for the first time in this sequence of events, appellant attacks his original probation as illegal since it exceeded the maximum probationary period allowable for a second degree misdemeanor violation.”
Purvis v. Lindsey Ex Rel. State (1991)
“We reject the state's contention that the second sentence in section 948.04, Florida Statutes (1989), means that a second degree misdemeanant can be placed on probation for one year.”
— 948.04(1) — 9 cases
Bouie v. State (1978)
“A timely notice of appeal was filed and now, for the first time in this sequence of events, appellant attacks his original probation as illegal since it exceeded the maximum probationary period allowable for a second degree misdemeanor violation.”
Davis v. State (1984)
Hankey v. State (1988)
Smith v. State (1986)
“(1983) (sixty days imprisonment); § 948.04 (six months probation). Section 948.”
Tollefson v. State (1988)
— 948.04(2) — 17 cases
Gonzalez-Ramos v. State (2010)
“However, the State utilizes the tolling provisions in section 948.”
Sanders v. State (2010)
“See § 948.04(2), Fla. Stat. (1999) (“Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed.”
Crain v. State (2005)
“Section 948.04(2), Florida Statutes (2005), provides that a probationer is entitled to be released from probation upon expiration of his or her term.”
State v. Hall (1994)
“2d at 632 (relying on 1957 version of section 948.04); Brooker v. State, 207 So.”
Rodriguez v. State (1983)
“" § 948.04, Fla. Stat. (1981). No basis for finding a violation of Rodriguez's probation appears.”
— 948.04(2)(b) — 1 case
State v. Oates (1992)
— 948.04(3) — 7 cases
Therrien v. State (2005)
“[4] Section 948.04(3), Florida Statutes (2004), authorizes early termination of probation if the offender has not violated any terms of probation and has met all financial sanctions.”
Baker v. State (1993)
Murphy v. State (2008)
Jones v. State (1995)
Arriaga v. State (1996)
— 948.04(4) — 1 case
Parson v. State of Florida (2025)
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