Florida Statute 948.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

View Entire Chapter

F.S. 948.05

948.05 Court to admonish or commend probationer or offender in community control; graduated incentives.—

(1) A court may at any time cause a probationer or offender in community control to appear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer or offender in community control from further supervision.

(2) The department shall implement a system of graduated incentives to promote compliance with the terms of supervision, encourage educational achievement and stable employment, and prioritize the highest levels of supervision for probationers or offenders presenting the greatest risk of recidivism.

(a) As part of the graduated incentives system, the department may, without leave of court, offer the following incentives to a compliant probationer or offender in community control:

1. Up to 25 percent reduction of required community service hours;

2. Waiver of supervision fees;

3. Reduction in frequency of reporting;

4. Permission to report by mail or telephone; or

5. Transfer of an eligible offender to administrative probation as authorized under s. 948.013.

(b) The department may also incentivize positive behavior and compliance with recommendations to the court to modify the terms of supervision, including recommending:

1. Permission to travel;

2. Reduction of supervision type;

3. Modification or cessation of curfew;

4. Reduction or cessation of substance abuse testing; or

5. Early termination of supervision.

(c) The department shall, without leave of court, incentivize educational achievement by awarding a compliant probationer or offender in community control with a 60-day reduction of his or her term of supervision for each educational advancement activity he or she completes during the term of supervision. As used in this paragraph, the term “educational advancement activity” means a high school equivalency degree, an academic degree, or a vocational certificate.

(d) The department shall, without leave of court, incentivize stable employment by awarding a compliant probationer or offender in community control a 30-day reduction of his or her term of supervision for each period of workforce achievement he or she completes during the term of supervision. As used in this paragraph, the term “workforce achievement” means continuous and verifiable full-time employment, for at least 30 hours per week for a 6-month period, for which the probationer or offender earns a wage. The department shall verify such employment through supporting documentation, which may include, but need not be limited to, any record, letter, pay stub, contract, or other department-approved method of verification.

(e) A probationer or offender in community control who commits a subsequent violation of probation may forfeit any previously earned probation incentive, as determined appropriate by his or her probation officer.

(f) A probationer or offender in community control who is placed under supervision for committing or attempting, soliciting, or conspiring to commit a violation of any felony offense described in s. 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a., or who qualifies as a violent felony offender of special concern under s. 948.06(8)(b) is not eligible for any reduction of his or her term of supervision under this section.

History.—s. 25, ch. 20519, 1941; s. 19, ch. 83-131; s. 62, ch. 2019-167; s. 3, ch. 2022-166; s. 3, ch. 2023-146; ss. 46, 76, ch. 2025-156.

F.S. 948.05 on Google Scholar

F.S. 948.05 on CourtListener

Amendments to 948.05

Annotations, Discussions, Cases:

Cases Citing Statute 948.05

Total Results: 22

Delaney v. State

190 So. 2d 578

Supreme Court of Florida | Filed: Sep 28, 1966 | Docket: 2462486

Cited 27 times | Published

interests of justice and the welfare of society (F.S. § 948.05, F.S.A.). (4) If the Appellant is charged with

Ziegler v. State

380 So. 2d 564

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1402865

Cited 13 times | Published

order denying his motion, filed pursuant to Section 948.05, Fla. Stat. (1977), for early termination of

Arriaga v. State

666 So. 2d 949, 1996 WL 1109

District Court of Appeal of Florida | Filed: Jan 3, 1996 | Docket: 1510843

Cited 8 times | Published

probationer. S. 948.05, Fla. Stat. (1991). Section 948.05 provides that a probationer may be brought

Baker v. State

619 So. 2d 411, 1993 WL 188013

District Court of Appeal of Florida | Filed: Jun 2, 1993 | Docket: 302064

Cited 8 times | Published

exercising its authority to discharge a probationer. § 948.05, Fla. Stat. (1991). Reversed and remanded for

Burgos v. State

765 So. 2d 967, 2000 WL 1258331

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 428596

Cited 4 times | Published

Since the authority conferred upon the court by Section 948.05[1] is entirely a matter of grace, we hold that

Jones v. State

666 So. 2d 191, 1995 WL 749677

District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 1510949

Cited 3 times | Published

exercising its authority to discharge a probationer. § 948.05, Fla. Stat. (1991)." Thus, probation condition

State v. Beardsley

464 So. 2d 188, 10 Fla. L. Weekly 310

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 1661237

Cited 3 times | Published

after expiration of the sentence. Likewise, Section 948.05 gives the trial judge the power to prematurely

Roy v. State

207 So. 2d 52

District Court of Appeal of Florida | Filed: Feb 16, 1968 | Docket: 1514229

Cited 3 times | Published

the trial Judge. Such is not the case under F.S. § 948.05, F.S.A. and we did not so intend to infer. Of

Johnston v. State

202 So. 3d 976, 2016 Fla. App. LEXIS 16711

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 60257337

Cited 2 times | Published

probation early] conferred on the court by section 948.05 is entirely a matter of grace, we hold that

Debra LaFave v. State of Florida

149 So. 3d 662, 39 Fla. L. Weekly Supp. 640, 2014 Fla. LEXIS 3067, 2014 WL 5285860

Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1451897

Cited 1 times | Published

Terminate Probation, LaFave argued that under section 948.05, Florida Statutes (2011), the trial court has

State v. LaFave

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

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60231532

Cited 1 times | Published

miscarriage of justice. Her position is that section 948.05, Florida Statutes (2003), allowed the circuit

Parson v. State of Florida

District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690157

Published

has met certain criteria (emphasis supplied)); § 948.05, Fla. Stat. (2016) (authorizing, but not requiring

DELSA VELAZQUEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 4, 2019 | Docket: 16544007

Published

of probation is not an appealable order. Section 948.05, Florida Statutes (2018), grants a trial court

MICHAEL SCOTT STURGEON v. STATE OF FLORIDA

275 So. 3d 630

District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909112

Published

of a no early termination provision violates section 948.05, Florida Statutes. See, e.g., Arriaga v. State

O.P. v. State

District Court of Appeal of Florida | Filed: Jan 8, 2018 | Docket: 6262721

Published

trial court to terminate probation early. Compare § 948.05, Fla. Stat. (“A court . . . when satisfied that

Enea v. State

171 So. 3d 219, 2015 Fla. App. LEXIS 11800, 2015 WL 4660075

District Court of Appeal of Florida | Filed: Aug 7, 2015 | Docket: 60249693

Published

court maintains its discretion pursuant to section 948.05, Florida Statutes (2015), to grant a motion

Murphy v. State

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

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 64854188

Published

discretion to discharge Mr. Murphy in the future. See § 948.05, Fla. Stat. (1991); Baker, 619 So.2d at 412. The

Berchin v. State

938 So. 2d 659, 2006 Fla. App. LEXIS 16909, 2006 WL 2872481

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847090

Published

terminate probation at any time pursuant to section 948.05, Florida Statutes). A trial court has authority

State v. M.R.T.

848 So. 2d 467, 2003 Fla. App. LEXIS 10132, 2003 WL 21512621

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823802

Published

court to terminate probation is a matter of grace. § 948.05, Fla. Stat. (2002). Thus, the court’s decision

State v. Gunderson

667 So. 2d 1005, 1996 Fla. App. LEXIS 1375, 1996 WL 61334

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 64762236

Published

trial court acted within its discretion under Section 948.05, Florida Statutes (1995), in converting a portion

Green v. State

638 So. 2d 1006, 1994 WL 261437

District Court of Appeal of Florida | Filed: Jun 15, 1994 | Docket: 2513332

Published

of probation by the court at any time, and section 948.05 does authorize the court to discharge a probationer

Ago

Florida Attorney General Reports | Filed: Oct 26, 1983 | Docket: 3259007

Published

discharge the offender from further supervision. Section 948.05, F.S., as amended by s 19, Ch. 83-131. Finally