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: Fla. Dist. Ct. App. | Date Filed: 2022-10-03T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2022-10-03T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2022-09-07T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-07-24T00:00:00-07:00

Citation: 198 So. 3d 17

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: Fla. | Date Filed: 2015-04-02T00:00:00-07:00

Citation: 175 So. 3d 681

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

State v. LaFave

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-15T00:00:00-07:00

Citation: 113 So. 3d 31

Snippet: recommend early termination pursuant to section 948.04(3) and such provisions prevent future courts from…negotiated plea agreement. LaFave argues that sections 948.04(3) and 948.05 specifically preclude “no early termination…termination” provision did not violate sections 948.04(3) and 948.05. Rather, the right to seek early …recommend early termination pursuant to section 948.04(3). In fact, in this case, DOC expressly recommended

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-01T00:00:00-08:00

Citation: 47 So. 3d 972

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

Gonzalez-Ramos v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-15T00:00:00-07:00

Citation: 46 So. 3d 67

Snippet: revoke or modify probation."); see also § 948.04(2), Fla. Stat. (2007) ("Upon the termination… So.2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla. Stat. (2001); State v. Wimberly, 574 So

Sanders v. State

Court: Fla. | Date Filed: 2010-04-22T00:00:00-07:00

Citation: 35 So. 3d 864

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

Vidaurre v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-29T00:00:00-07:00

Citation: 8 So. 3d 1206

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: Fla. Dist. Ct. App. | Date Filed: 2008-03-28T00:00:00-07:00

Citation: 976 So. 2d 1242

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: Fla. Dist. Ct. App. | Date Filed: 2007-04-11T00:53:00-07:00

Citation: 954 So. 2d 675

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

Crain v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-18T00:00:00-08:00

Citation: 914 So. 2d 1015

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

Therrien v. State

Court: Fla. | Date Filed: 2005-10-27T00:53:00-07:00

Citation: 914 So. 2d 942

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

Hepburn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-27T23:53:00-08:00

Citation: 780 So. 2d 326

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

Hebb v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-29T00:53:00-07:00

Citation: 714 So. 2d 639

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

Krug v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-26T00:00:00-08:00

Citation: 689 So. 2d 391

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

Arriaga v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-01-02T23:53:00-08:00

Citation: 666 So. 2d 949

Snippet: to recommend early termination of probation. S. 948.04(3), Fla. Stat. (1991). Moreover, a trial judge …Department of Corrections of its authority under § 948.04(3), Florida Statutes (1991), to recommend remission

Jones v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-12-20T00:00:00-08:00

Citation: 666 So. 2d 191

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

State v. Hall

Court: Fla. | Date Filed: 1994-08-18T00:00:00-07:00

Citation: 641 So. 2d 403

Snippet: so. The pertinent language contained in sections 948.04(2) and 948.06(1), Florida Statutes (1991), is substantially…So.2d at 632 (relying on 1957 version of section 948.04); Brooker v. State, 207 So.2d 478, 479 (Fla. 3d…relying on 1967 version of both provisions). Section 948.04(2) provides: Upon the termination of the period…been various amendments to sections 948.06(1) and 948.04(2) throughout the years,[2] there has been no legislative… ch. 91-280, § 5, Laws of Fla. (rewrote section 948.04(2)); ch. 89-526, § 38, Laws of Fla. (amended and