Florida Statute 948.05 | 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. 948.05

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.

F.S. 948.05 on Google Scholar

F.S. 948.05 on Casetext

Amendments to 948.05

Arrestable Offenses / Crimes under Fla. Stat. 948.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.05.

Annotations, Discussions, Cases:

Cases Citing Statute 948.05

Total Results: 20

DELSA VELAZQUEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-12-04

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

MICHAEL SCOTT STURGEON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-10

Citation: 275 So. 3d 630

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

O.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-01-08

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

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2016-11-23

Citation: 204 So. 3d 944, 41 Fla. L. Weekly Supp. 561, 2016 Fla. LEXIS 2554

Snippet: question-and-answer format: [[Image here]] *948 5. Was your sentence the result of a trial or plea

Johnston v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-09

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

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

Enea v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-08-07

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

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

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: the fraud statute of repose. Id. at 948. 5 PM USA and R.J. Reynolds then sought review

Debra LaFave v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-10-16

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

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

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

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

Berchin v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-10-11

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

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

State v. M.R.T.

Court: District Court of Appeal of Florida | Date Filed: 2003-07-03

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

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

Burgos v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-09-06

Citation: 765 So. 2d 967, 2000 WL 1258331

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

State v. Gunderson

Court: District Court of Appeal of Florida | Date Filed: 1996-02-14

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

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

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

Jones v. State

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

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

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

Green v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-06-15

Citation: 638 So. 2d 1006, 1994 WL 261437

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

Baker v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-06-02

Citation: 619 So. 2d 411, 1993 WL 188013

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

State v. Beardsley

Court: District Court of Appeal of Florida | Date Filed: 1985-02-06

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-10-26

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