Florida Statutes

Fla. Stat. § 948.04 (2025)

Period of probation; duty of probationer; early termination; conversion of term.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, 441 So. 2d 1129 (Fla. 3d DCA 1983).

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Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 1983). · cites it 6× “" § 948.04, Fla. Stat. (1981). No basis for finding a violation of Rodriguez's probation appears.”

Gonzalez-Ramos v. State, 46 So. 3d 67 (Fla. 5th DCA 2010). · cites it 8× “However, the State utilizes the tolling provisions in section 948.”

Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976). · cites it 4× “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, 360 So. 2d 380 (Fla. 1978). · cites it 2× “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, 641 So. 2d 403 (Fla. 1994). · cites it 3× “2d at 632 (relying on 1957 version of section 948.04); Brooker v. State, 207 So.”

Sanders v. State, 35 So. 3d 864 (Fla. 2010). · cites it 2× “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, 914 So. 2d 1015 (Fla. 5th DCA 2005). · cites it 2× “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, 914 So. 2d 942 (Fla. 2005). · cites it 2× “[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 & Prob. Com'n, 396 So. 2d 1107 (Fla. 1981). “See §§ 948.04-.06, Fla. Stat. (1979). We agree with the District Court of Appeal, Third District, in McGowan v.”

Smith v. State, 484 So. 2d 581 (Fla. 1986). · cites it 3× “(1983) (sixty days imprisonment); § 948.04 (six months probation). Section 948.”

Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA 1978). · cites it 2× “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, 587 So. 2d 638 (Fla. 4th DCA 1991). · cites it 2× “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.”

Show all 68 citing cases →

— 948.04(1) — 9 cases

Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA 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, 461 So. 2d 1003 (Fla. 1st DCA 1984).

Hankey v. State, 529 So. 2d 736 (Fla. 5th DCA 1988).

Smith v. State, 484 So. 2d 581 (Fla. 1986). “(1983) (sixty days imprisonment); § 948.04 (six months probation). Section 948.”

Tollefson v. State, 525 So. 2d 957 (Fla. 1st DCA 1988).

— 948.04(2) — 17 cases

Gonzalez-Ramos v. State, 46 So. 3d 67 (Fla. 5th DCA 2010). “However, the State utilizes the tolling provisions in section 948.”

Sanders v. State, 35 So. 3d 864 (Fla. 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, 914 So. 2d 1015 (Fla. 5th DCA 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, 641 So. 2d 403 (Fla. 1994). “2d at 632 (relying on 1957 version of section 948.04); Brooker v. State, 207 So.”

Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 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, 610 So. 2d 522 (Fla. 2d DCA 1992).

— 948.04(3) — 7 cases

Therrien v. State, 914 So. 2d 942 (Fla. 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, 619 So. 2d 411 (Fla. 2d DCA 1993).

Murphy v. State, 976 So. 2d 1242 (Fla. 2d DCA 2008).

Jones v. State, 666 So. 2d 191 (Fla. 2d DCA 1995).

Arriaga v. State, 666 So. 2d 949 (Fla. 4th DCA 1996).

— 948.04(4) — 1 case

Parson v. State of Florida (Fla. 1st DCA 2025).

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