Florida Statute 948.04 | 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. 948.04

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.

F.S. 948.04 on Google Scholar

F.S. 948.04 on Casetext

Amendments to 948.04

Arrestable Offenses / Crimes under Fla. Stat. 948.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.04.

Annotations, Discussions, Cases:

Cases Citing Statute 948.04

Total Results: 20

LORENZO KEANDRE SMITH vs STATE OF FLORIDA

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

Snippet: probation have been instituted in the interim. See § 948.04(2), Fla. Stat. (2020) (“Upon the termination of

LORENZO KEANDRE SMITH vs STATE OF FLORIDA

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

Snippet: probation have been instituted in the interim. See § 948.04(2), Fla. Stat. (2020) (“Upon the termination of

Melody Michelle Bailey v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-07

Snippet: court did not have jurisdiction to act on it. See § 948.04(2), Fla. Stat. (2020) (once the term of probation

Hennig v. William G. Prummel, Jr., Sheriff of Charlotte County

Court: District Court of Appeal of Florida | Date Filed: 2015-07-24

Citation: 198 So. 3d 17, 2015 Fla. App. LEXIS 11191, 2015 WL 4497724

Snippet: to serve and execute such warrant. Section 948.04(2), states: “Upon the termination of the period

Philip Morris USA, Inc. v. Tina Russo, etc.

Court: Supreme Court of Florida | Date Filed: 2015-04-02

Citation: 175 So. 3d 681, 40 Fla. L. Weekly Supp. 186, 2015 Fla. LEXIS 622, 2015 WL 1472282

Snippet: of limitations issue. Id. at 939, 948. 4 PM USA and R.J. Reynolds cross-appealed

State v. LaFave

Court: District Court of Appeal of Florida | Date Filed: 2012-08-15

Citation: 113 So. 3d 31, 2012 WL 3326347, 2012 Fla. App. LEXIS 13573

Snippet: recommend early termination pursuant to section 948.04(3) and such provisions prevent future courts from

Wright v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-12-01

Citation: 47 So. 3d 972, 2010 Fla. App. LEXIS 18300, 2010 WL 4861737

Snippet: the offense for which probation was allowed." § 948.04(2), Fla. Stat. (2009); see also Carroll v. Cochran

Gonzalez-Ramos v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-15

Citation: 46 So. 3d 67, 2010 WL 2131639

Snippet: taken to revoke or modify probation.”); see also § 948.04(2), Fla. Stat. (2007) (“Upon the termination of

Sanders v. State

Court: Supreme Court of Florida | Date Filed: 2010-04-22

Citation: 35 So. 3d 864, 35 Fla. L. Weekly Supp. 219, 2010 Fla. LEXIS 645, 2010 WL 1609876

Snippet: completed his probation for those offenses. See § 948.04(2), Fla. Stat. (1999) ("Upon the termination of

Vidaurre v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-04-29

Citation: 8 So. 3d 1206, 2009 Fla. App. LEXIS 3817, 2009 WL 1139281

Snippet: So.2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla. Stat. (2001); State v. Wimberly, 574 So

Murphy v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-03-28

Citation: 976 So. 2d 1242, 2008 Fla. App. LEXIS 4372, 2008 WL 818873

Snippet: early termination of Mr. Murphy’s probation.1 See § 948.04(3), Fla. Stat. (2005); Swedish v. State, 724 So

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-04-11

Citation: 954 So. 2d 675, 2007 WL 1062590

Snippet: the offense for which probation was allowed." § 948.04(2), Fla. Stat. (2005); State v. Hall, 641 So.2d

Crain v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-11-18

Citation: 914 So. 2d 1015, 2005 WL 3076606

Snippet: no effect. I agree with this conclusion. Section 948.04(2), Florida Statutes (2005), provides that a probationer

Therrien v. State

Court: Supreme Court of Florida | Date Filed: 2005-10-27

Citation: 914 So. 2d 942, 2005 WL 2779476

Snippet: § 958.04(2)(a), Fla. Stat. (1995). [4] Section 948.04(3), Florida Statutes (2004), authorizes early termination

Hepburn v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-03-28

Citation: 780 So. 2d 326, 2001 WL 293145

Snippet: fulfilled it will then terminate the probation. See §§ 948.04-.05, Fla. Stat. (1993); see generally Arriaga v

Hebb v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-07-29

Citation: 714 So. 2d 639, 1998 WL 422285

Snippet: this issue for the first time on appeal. Section 948.04(2), Fla. Stat. (1995) provides in part "Upon the

Krug v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-02-26

Citation: 689 So. 2d 391, 1997 Fla. App. LEXIS 1706, 1997 WL 80349

Snippet: concluded that under the provisions of Section 948.04, Florida Statutes, it did not have jurisdiction

Arriaga v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-01-03

Citation: 666 So. 2d 949, 1996 WL 1109

Snippet: to recommend early termination of probation. S. 948.04(3), Fla. Stat. (1991). Moreover, a trial judge

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-12-20

Citation: 666 So. 2d 191, 1995 WL 749677

Snippet: to recommend early termination of probation. § 948.04(3), Fla. Stat. (1993). This is impermissible, and

State v. Hall

Court: Supreme Court of Florida | Date Filed: 1994-08-18

Citation: 641 So. 2d 403, 1994 WL 442255

Snippet: so. The pertinent language contained in sections 948.04(2) and 948.06(1), Florida Statutes (1991), is substantially