Florida Statutes

Fla. Stat. § 948.06 (2025)

Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.—

(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any probation officer may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and return him or her to the court granting such probation or community control.

(b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control. In lieu of issuing a warrant for arrest, the committing trial court judge may issue a notice to appear if the probationer or offender in community control has never been convicted of committing, and is not currently alleged to have committed, a qualifying offense as defined in this section.

(c) If a probationer or offender on community control commits a technical violation, the probation officer shall determine whether the probationer or offender on community control is eligible for the alternative sanctioning program under subsection (9). If the probation officer determines that the probationer or offender on community control is eligible, the probation officer may proceed with the alternative sanctioning program in lieu of filing an affidavit of violation with the court. For purposes of this section, the term “technical violation” means an alleged violation of supervision that is not a new felony offense, misdemeanor offense, or criminal traffic offense.

(d) If a judge finds reasonable grounds to believe that a probationer or an offender has violated his or her probation or community control in a material respect by committing a new violation of law, the judge may issue a warrant for the arrest of the person.

(e)1. At a first appearance hearing for an offender who has been arrested for violating his or her probation or community control in a material respect by committing a new violation of law the court:

a. Shall inform the person of the violation.

b. May order the person to be taken before the court that granted the probation or community control if the person admits the violation.

2. If the probationer or offender does not admit the violation at the first appearance hearing, the court:

a. May commit the probationer or offender or may release the person with or without bail to await further hearing, notwithstanding s. 907.041, relating to pretrial detention and release; or

b. May order the probationer or offender to be brought before the court that granted the probation or community control.

3. In determining whether to require or set the amount of bail, and notwithstanding s. 907.041, relating to pretrial detention and release, the court may consider whether the probationer or offender is more likely than not to receive a prison sanction for the violation.

This paragraph does not apply to a probationer or offender on community control who is subject to the hearing requirements under subsection (4) or paragraph (8)(e).

(f) Any probation officer, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant. Any probation officer is authorized to serve such notice to appear.

(g) Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant for such violation, a warrantless arrest under this section, or a notice to appear under this section, the probationary period is tolled until the court enters a ruling on the violation. Notwithstanding the tolling of probation, the court shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period. The probation officer is permitted to continue to supervise any offender who remains available to the officer for supervision until the supervision expires pursuant to the order of probation or community control or until the court revokes or terminates the probation or community control, whichever comes first.

(h) The chief judge of each judicial circuit may direct the department to use a notification letter of a technical violation in appropriate cases in lieu of a violation report, affidavit, and warrant or a notice to appear when the alleged violation is not a new felony or misdemeanor offense. Such direction must be in writing and must specify the types of specific technical violations which are to be reported by a notification letter of a technical violation, any exceptions to those violations, and the required process for submission. At the direction of the chief judge, the department shall send the notification letter of a technical violation to the court.

(i) The court may allow the department to file an affidavit, notification letter, violation report, or other report under this section by facsimile or electronic submission.

(2)(a) The court, upon the probationer or offender being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program.

(b) If probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation or the offender into community control.

(c) If such violation of probation or community control is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation or community control violation.

(d) If such charge is not at that time admitted by the probationer or offender and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel.

(e) After such hearing, the court may revoke, modify, or continue the probation or community control or place the probationer into community control. If such probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer or offender on probation or into community control.

(f)1. Except as provided in subparagraph 3. or upon waiver by the probationer, the court shall modify or continue a probationary term upon finding a probationer in violation when all of the following apply:

a. The term of supervision is probation.

b. The probationer does not qualify as a violent felony offender of special concern, as defined in paragraph (8)(b).

c. The violation is a low-risk technical violation, as defined in paragraph (9)(b).

d. The court has not previously found the probationer in violation of his or her probation pursuant to a filed violation of probation affidavit during the current term of supervision. A probationer who has successfully completed sanctions through the alternative sanctioning program is eligible for mandatory modification or continuation of his or her probation.

2. Upon modifying probation under subparagraph 1., the court may include in the sentence a maximum of 90 days in county jail as a special condition of probation.

3. Notwithstanding s. 921.0024, if a probationer has less than 90 days of supervision remaining on his or her term of probation and meets the criteria for mandatory modification or continuation in subparagraph 1., the court may revoke probation and sentence the probationer to a maximum of 90 days in county jail.

4. For purposes of imposing a jail sentence under this paragraph only, the court may grant credit only for time served in the county jail since the probationer’s most recent arrest for the violation. However, the court may not order the probationer to a total term of incarceration greater than the maximum provided by s. 775.082.

(g) Notwithstanding s. 775.082, when a period of probation or community control has been tolled, upon revocation or modification of the probation or community control, the court may impose a sanction with a term that when combined with the amount of supervision served and tolled, exceeds the term permissible pursuant to s. 775.082 for a term up to the amount of the tolled period of supervision.

(h) If the court dismisses an affidavit alleging a violation of probation or community control, the offender’s probation or community control shall continue as previously imposed, and the offender shall receive credit for all tolled time against his or her term of probation or community control.

(i)1. For each case in which the offender admits to committing a violation or is found to have committed a violation, the department shall provide the court with a recommendation as to disposition by the court. The department shall provide the reasons for its recommendation and include an evaluation of:

a. The appropriateness or inappropriateness of community facilities, programs, or services for treating or supervising the offender;

b. The ability or inability of the department to provide an adequate level of supervision of the offender in the community and a statement of what constitutes an adequate level of supervision; and

c. The existence of treatment modalities that the offender could use but that do not currently exist in the community.

2. The report must also include a summary of the offender’s prior supervision history, including the offender’s prior participation in treatment, educational, and vocational programs, and any other actions by or circumstances concerning the offender which are relevant.

3. The court may specify whether the recommendation or report must be oral or written and may waive the requirement for a report in an individual case or a class of cases. This paragraph does not prohibit the department from making any other report or recommendation that is provided for by law or requested by the court.

(j)1. Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, the court may order the defendant to successfully complete a postadjudicatory treatment-based drug court program if:

a. The court finds or the offender admits that the offender has violated his or her community control or probation;

b. The offender’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer after including points for the violation;

c. The underlying offense is a nonviolent felony. As used in this subsection, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08;

d. The court determines that the offender is amenable to the services of a postadjudicatory treatment-based drug court program;

e. The court has explained the purpose of the program to the offender and the offender has agreed to participate; and

f. The offender is otherwise qualified to participate in the program under the provisions of s. 397.334(3).

2. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offender’s case to the postadjudicatory treatment-based drug court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offender’s termination from the program for failure to comply with the terms thereof, or the offender’s sentence is completed.

(k)1. Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2016, the court may order the offender to successfully complete a postadjudicatory mental health court program under s. 394.47892 or a veterans treatment court program under s. 394.47891 if:

a. The court finds or the offender admits that the offender has violated his or her community control or probation;

b. The underlying offense is a nonviolent felony. As used in this subsection, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. Offenders charged with resisting an officer with violence under s. 843.01, battery on a law enforcement officer under s. 784.07, or aggravated assault may participate in the mental health court program if the court so orders after the victim is given his or her right to provide testimony or written statement to the court as provided in s. 921.143;

c. The court determines that the offender is amenable to the services of a postadjudicatory mental health court program, including taking prescribed medications, or a veterans treatment court program;

d. The court explains the purpose of the program to the offender and the offender agrees to participate; and

e. The offender is otherwise qualified to participate in a postadjudicatory mental health court program under s. 394.47892(4) or a veterans treatment court program under s. 394.47891.

2. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offender’s case to the postadjudicatory mental health court program or the veterans treatment court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offender’s termination from the program for failure to comply with the terms thereof, or the offender’s sentence is completed.

(3) When the court imposes a subsequent term of supervision following a revocation of probation or community control, it shall not provide credit for time served while on probation or community control toward any subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses before the court for sentencing, would exceed the maximum penalty allowable as provided by s. 775.082. No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve.

(4) Notwithstanding any other provision of this section, a felony probationer or an offender in community control who is arrested for violating his or her probation or community control in a material respect may be taken before the court in the county or circuit in which the probationer or offender was arrested. That court shall advise him or her of the charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court that granted the probation or community control. If the violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing. However, if the probationer or offender is under supervision for any criminal offense proscribed in chapter 794, s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a registered sexual predator or a registered sexual offender, or is under supervision for a criminal offense for which he or she would meet the registration criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the effective date of those sections, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the offender’s or probationer’s release, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender’s or probationer’s past and present conduct, including convictions of crimes; any record of arrests without conviction for crimes involving violence or sexual crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender’s or probationer’s family ties, length of residence in the community, employment history, and mental condition; his or her history and conduct during the probation or community control supervision from which the violation arises and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant. The court, as soon as is practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel. After the hearing, the court shall make findings of fact and forward the findings to the court that granted the probation or community control and to the probationer or offender or his or her attorney. The findings of fact by the hearing court are binding on the court that granted the probation or community control. Upon the probationer or offender being brought before it, the court that granted the probation or community control may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section. However, the probationer or offender shall not be released and shall not be admitted to bail, but shall be brought before the court that granted the probation or community control if any violation of felony probation or community control other than a failure to pay costs or fines or make restitution payments is alleged to have been committed by:

(a) A violent felony offender of special concern, as defined in this section;

(b) A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in this section; or

(c) A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense as defined in this section on or after the effective date of this act.

(5) In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the state’s interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.

(6) Any parolee in a community control program who has allegedly violated the terms and conditions of such placement is subject to the provisions of ss. 947.22 and 947.23.

(7) Any provision of law to the contrary notwithstanding, whenever probation, community control, or control release, including the probationary, community control portion of a split sentence, is violated and the probation or community control is revoked, the offender, by reason of his or her misconduct, shall be deemed to have forfeited all gain-time or commutation of time for good conduct, as provided by law, earned up to the date of his or her release on probation, community control, or control release. This subsection does not deprive the prisoner of his or her right to gain-time or commutation of time for good conduct, as provided by law, from the date on which the prisoner is returned to prison. However, if a prisoner is sentenced to incarceration following termination from a drug punishment program imposed as a condition of probation, the sentence may include incarceration without the possibility of gain-time or early release for the period of time remaining in his or her treatment program placement term.

(8)(a) In addition to complying with the provisions of subsections (1)-(7), this subsection provides further requirements regarding a probationer or offender in community control who is a violent felony offender of special concern. The provisions of this subsection shall control over any conflicting provisions in subsections (1)-(7). For purposes of this subsection, the term “convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(b) For purposes of this section and ss. 903.0351, 948.064, and 921.0024, the term “violent felony offender of special concern” means a person who is on:

1. Felony probation or community control related to the commission of a qualifying offense committed on or after the effective date of this act;

2. Felony probation or community control for any offense committed on or after the effective date of this act, and has previously been convicted of a qualifying offense;

3. Felony probation or community control for any offense committed on or after the effective date of this act, and is found to have violated that probation or community control by committing a qualifying offense;

4. Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b) and has committed a qualifying offense on or after the effective date of this act;

5. Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. 775.084(1)(c) and has committed a qualifying offense on or after the effective date of this act; or

6. Felony probation or community control and has previously been found by a court to be a sexual predator under s. 775.21 and has committed a qualifying offense on or after the effective date of this act.

1. Kidnapping or attempted kidnapping under s. 787.01, false imprisonment of a child under the age of 13 under s. 787.02(3), or luring or enticing a child under s. 787.025(2)(b) or (c).

2. Murder or attempted murder under s. 782.04, attempted felony murder under s. 782.051, or manslaughter under s. 782.07.

3. Aggravated battery or attempted aggravated battery under s. 784.045.

4. Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c).

5. Lewd or lascivious battery or attempted lewd or lascivious battery under s. 800.04(4), lewd or lascivious molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious conduct under s. 800.04(6)(b), lewd or lascivious exhibition under s. 800.04(7)(b), or lewd or lascivious exhibition on computer under s. 847.0135(5)(b).

6. Robbery or attempted robbery under s. 812.13, carjacking or attempted carjacking under s. 812.133, or home invasion robbery or attempted home invasion robbery under s. 812.135.

7. Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under s. 825.1025.

8. Sexual performance by a child or attempted sexual performance by a child under s. 827.071.

9. Computer pornography under s. 847.0135(2) or (3), transmission of child pornography under s. 847.0137, or selling or buying of minors under s. 847.0145.

10. Poisoning food or water under s. 859.01.

11. Abuse of a dead human body under s. 872.06.

12. Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony under s. 810.02(2) or (3).

13. Arson or attempted arson under s. 806.01(1).

14. Aggravated assault under s. 784.021.

15. Aggravated stalking under s. 784.048(3), (4), (5), or (7).

16. Aircraft piracy under s. 860.16.

17. Unlawful throwing, placing, or discharging of a destructive device or bomb under s. 790.161(2), (3), or (4).

18. Treason under s. 876.32.

19. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.

(d) In the case of an alleged violation of probation or community control other than a failure to pay costs, fines, or restitution, the following individuals shall remain in custody pending the resolution of the probation or community control violation:

1. A violent felony offender of special concern, as defined in this section;

2. A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in this section; or

3. A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense as defined in this section on or after the effective date of this act.

The court shall not dismiss the probation or community control violation warrant pending against an offender enumerated in this paragraph without holding a recorded violation-of-probation hearing at which both the state and the offender are represented.

(e) If the court, after conducting the hearing required by paragraph (d), determines that a violent felony offender of special concern has committed a violation of probation or community control other than a failure to pay costs, fines, or restitution, the court shall:

1. Make written findings as to whether or not the violent felony offender of special concern poses a danger to the community. In determining the danger to the community posed by the offender’s release, the court shall base its findings on one or more of the following:

a. The nature and circumstances of the violation and any new offenses charged.

b. The offender’s present conduct, including criminal convictions.

c. The offender’s amenability to nonincarcerative sanctions based on his or her history and conduct during the probation or community control supervision from which the violation hearing arises and any other previous supervisions, including disciplinary records of previous incarcerations.

d. The weight of the evidence against the offender.

e. Any other facts the court considers relevant.

2. Decide whether to revoke the probation or community control.

a. If the court has found that a violent felony offender of special concern poses a danger to the community, the court shall revoke probation and shall sentence the offender up to the statutory maximum, or longer if permitted by law.

b. If the court has found that a violent felony offender of special concern does not pose a danger to the community, the court may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section.

(9)(a) Each judicial circuit shall establish an alternative sanctioning program as provided in this subsection. The chief judge of each judicial circuit may, by administrative order, define additional sanctions or eligibility criteria and specify the process for reporting technical violations through the alternative sanctioning program. Any sanctions recommended for imposition through an alternative sanctions program must be submitted to the court by the probation officer for approval before imposing the sanction.

(b) As used in this subsection, the term “low-risk violation,” when committed by a probationer, means any of the following:

1. A positive drug or alcohol test result.

2. Failure to report to the probation office.

3. Failure to report a change in address or other required information.

4. Failure to attend a required class, treatment or counseling session, or meeting.

5. Failure to submit to a drug or alcohol test.

6. A violation of curfew.

7. Failure to meet a monthly quota on any required probation condition, including, but not limited to, making restitution payments, paying court costs, or completing community service hours.

8. Leaving the county without permission.

9. Failure to report a change in employment.

10. Associating with a person engaged in criminal activity.

11. Any other violation as determined by administrative order of the chief judge of the circuit.

1. A violation identified in paragraph (b), when committed by an offender on community control.

2. Failure to remain at an approved residence by an offender on community control.

3. A third violation identified in paragraph (b) by a probationer within the current term of supervision.

4. Any other violation as determined by administrative order of the chief judge of the circuit.

(d) A probationer or offender on community control is not eligible for an alternative sanction if:

1. He or she is a violent felony offender of special concern as defined in paragraph (8)(b);

2. The violation is a felony, misdemeanor, or criminal traffic offense;

3. The violation is absconding;

4. The violation is of a stay-away order or no-contact order;

5. The violation is not identified as low-risk or moderate-risk under this subsection or by administrative order;

6. He or she has a prior moderate-risk level violation during the current term of supervision;

7. He or she has three prior low-risk level violations during the same term of supervision;

8. The term of supervision is scheduled to terminate in less than 90 days; or

9. The terms of the sentence prohibit alternative sanctioning.

(e) For a first or second low-risk violation, as defined in paragraph (b), within the current term of supervision, a probation officer may offer an eligible probationer one or more of the following as an alternative sanction:

1. Up to 5 days in the county jail.

2. Up to 50 additional community service hours.

3. Counseling or treatment.

4. Support group attendance.

5. Drug testing.

6. Loss of travel or other privileges.

7. Curfew for up to 30 days.

8. House arrest for up to 30 days.

9.a. Any other sanction as determined by administrative order of the chief judge of the circuit.

b. However, in no circumstance shall participation in an alternative sanctioning program convert a withheld adjudication to an adjudication of guilt.

(f) For a first moderate-risk violation, as defined in paragraph (c), within the current term of supervision, a probation officer, with a supervisor’s approval, may offer an eligible probationer or offender on community control one or more of the following as an alternative sanction:

1. Up to 21 days in the county jail.

2. Curfew for up to 90 days.

3. House arrest for up to 90 days.

4. Electronic monitoring for up to 90 days.

5. Residential treatment for up to 90 days.

6. Any other sanction available for a low-risk violation.

7.a. Any other sanction as determined by administrative order of the chief judge of the circuit.

b. However, in no circumstance shall participation in an alternative sanctioning program convert a withheld adjudication to an adjudication of guilt.

(g) The participation of a probationer or an offender on community control in the program is voluntary. The probationer or offender on community control may waive or discontinue participation in the program at any time before the court imposes a recommended sanction.

(h)1. If a probationer or offender on community control is eligible for the alternative sanctioning program under this subsection, he or she may:

a. Waive participation in the program, in which case the probation officer may submit a violation report, affidavit, and warrant to the court; or

b. Elect to participate in the program after receiving written notice of an alleged technical violation and disclosure of the evidence against him or her, and admit the technical violation, agree to comply with the probation officer’s recommended sanction if subsequently ordered by the court, and agree to waive the right to:

(I) Be represented by legal counsel.

(II) Require the state to prove his or her guilt before a neutral and detached hearing body.

(III) Subpoena witnesses and present to a judge evidence in his or her defense.

(IV) Confront and cross-examine adverse witnesses.

(V) Receive a written statement from a judge as to the evidence relied on and the reasons for the sanction imposed.

2. If the probationer or offender on community control admits to committing the technical violation and agrees with the probation officer’s recommended sanction, the probation officer must, before imposing the sanction, submit the recommended sanction to the court with documentation reflecting the probationer’s admission to the technical violation and agreement with the recommended sanction.

(i) The court may impose the recommended sanction or direct the department to submit a violation report, affidavit, and warrant to the court.

(j) If a probationer or offender on community control waives or discontinues participation in the program or fails to successfully complete all alternative sanctions within 90 days after imposition or within the timeframe specified in the agreed-upon sanction, the probation officer may submit a violation report, affidavit, and warrant to the court. A prior admission by the probationer or offender on community control to a technical violation may not be used as evidence in subsequent proceedings.

History.—s. 26, ch. 20519, 1941; s. 2, ch. 59-130; s. 2, ch. 61-498; s. 1, ch. 69-71; s. 20, ch. 83-131; ss. 2, 3, ch. 84-337; ss. 8, 9, 38, 48, ch. 89-526; s. 13, ch. 89-531; s. 11, ch. 90-287; s. 2, ch. 91-225; s. 8, ch. 91-280; s. 23, ch. 97-78; s. 1687, ch. 97-102; s. 5, ch. 97-239; s. 13, ch. 97-299; s. 3, ch. 2000-246; s. 1, ch. 2001-109; s. 50, ch. 2004-11; ss. 27, 28, 41, ch. 2004-373; s. 13, ch. 2005-28; s. 3, ch. 2007-2; s. 5, ch. 2007-210; s. 29, ch. 2008-172; s. 4, ch. 2009-64; s. 4, ch. 2011-33; s. 2, ch. 2011-38; s. 56, ch. 2016-24; s. 1, ch. 2016-100; s. 22, ch. 2016-104; s. 16, ch. 2016-127; s. 29, ch. 2017-37; s. 14, ch. 2017-107; s. 9, ch. 2017-115; ss. 63, 92, ch. 2019-167; s. 26, ch. 2021-156; s. 1, ch. 2021-210; s. 4, ch. 2021-240; ss. 47, 77, 93, ch. 2025-156.

Arrestable Offenses under F.S. 948.06

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§948.06PROB VIOLATIONN

Notes of Decisions

Cited in 695 cases (63 in the last 5 years), 1952–2026 · leading case: Del Valle v. State, 80 So. 3d 999 (Fla. 2011).

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Del Valle v. State, 80 So. 3d 999 (Fla. 2011). · cites it 94× “Section 948.06, Florida Statutes, the statute at issue in this case, governs probation revocation proceedings.”

Kenneth Whittaker v. State of Florida, 223 So. 3d 270 (Fla. 4th DCA 2017). · cites it 30× “On appeal, appellant first argues that the trial court failed to comply with the statutory procedure governing a violation of probation by a violent felony offender of special concern (“VFOSC”), as the trial court did not make the “danger” finding using the statutorily…”

State v. Cregan, 908 So. 2d 387 (Fla. 2005). · cites it 21× “5 ("The term `sentence' in section 948.06 refers to incarceration. It does not refer to probation.”

Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005). · cites it 23× “NOTES [1] Citation is made to the 2003 version of section 948.06, Florida Statutes, because at the time the warrant was signed in early 2004, the changes to section 948.”

Shenfeld v. State, 44 So. 3d 96 (Fla. 2010). · cites it 22× “When Shenfeld was placed on probation, section 948.06(1), Florida Statutes (2001), provided that “[u]pon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s.”

State v. Jones, 327 So. 2d 18 (Fla. 1976). · cites it 11× “01(4), Florida Statutes (1973), who subsequently violates that probation may be sentenced to imprisonment by the trial judge for the same period of years as the court could have originally imposed in accordance with Section 948.06, Florida Statutes (1973), without the necessity…”

Robin Eustache v. State of Florida, 248 So. 3d 1097 (Fla. 2018). · cites it 10× “14, part of the Act, the Legislature provides that a youthful offender who violates probation or community control is to be sentenced under section 948.06, a separate provision of general law applicable to adult CPC sentences.”

Poore v. State, 531 So. 2d 161 (Fla. 1988). · cites it 7× “Provided there is a relevant new fact not previously considered, the trial court constitutionally is permitted to impose a greater sentence, as authorized by section 948.06. The question thus becomes what facts were considered by the trial court at the original sentencing.”

Shenfeld v. State, 14 So. 3d 1021 (Fla. 4th DCA 2009). · cites it 17× “State, the First District held that retroactive application of the 2001 amendments to section 948.06, Florida Statutes, which provided for the tolling of the probationary period, violated ex post [acto because the amended affidavits of violation of probation would have been…”

Mobley v. State, 197 So. 3d 572 (Fla. 4th DCA 2016). · cites it 6× “” § 948.06(l)(f), Fla. Stat. In a situation where there is no warrantless arrest or notice to appear, as is true in this case, “[b]oth the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period.”

Barber v. State, 207 So. 3d 379 (Fla. 5th DCA 2016). · cites it 20× “We are confronted in this appeal with the statutory intricacies of revocation of probation proceedings involving an individual, Marcus Leon Barber, who qualifies as a violent felony offender of special concern under section 948.06, Florida Statutes (2015). This statute requires…”

Young v. State, 697 So. 2d 75 (Fla. 1997). · cites it 11× “We have held that section 948.06 is applicable when a defendant violates a probationary split sentence.”

Show all 695 citing cases →

— 948.06(1) — 227 cases

Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005). “NOTES [1] Citation is made to the 2003 version of section 948.06, Florida Statutes, because at the time the warrant was signed in early 2004, the changes to section 948.”

Shenfeld v. State, 44 So. 3d 96 (Fla. 2010). “When Shenfeld was placed on probation, section 948.06(1), Florida Statutes (2001), provided that “[u]pon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s.”

Poore v. State, 531 So. 2d 161 (Fla. 1988). “Provided there is a relevant new fact not previously considered, the trial court constitutionally is permitted to impose a greater sentence, as authorized by section 948.06. The question thus becomes what facts were considered by the trial court at the original sentencing.”

King v. State, 681 So. 2d 1136 (Fla. 1996).

Yegge v. State, 186 So. 3d 553 (Fla. 2d DCA 2015).

— 948.06(1)(a) — 6 cases

Lawson v. State, 969 So. 2d 222 (Fla. 2007).

Benoit v. City of Lake City, 343 F. Supp. 3d 1219 (M.D. Fla. 2018).

Battles v. State, 919 So. 2d 621 (Fla. 1st DCA 2006).

Sharrard v. State, 998 So. 2d 1188 (Fla. 4th DCA 2009).

Alfred James Scott v. State of Florida, 253 So. 3d 125 (Fla. 1st DCA 2018).

— 948.06(1)(b) — 3 cases

Smartmays v. State, 901 So. 2d 278 (Fla. 5th DCA 2005).

Martinez v. State, 965 So. 2d 1244 (Fla. 2d DCA 2007).

Edwin Segovia v. State of Florida (Fla. 3d DCA 2025).

— 948.06(1)(d) — 9 cases

Gonzalez-Ramos v. State, 46 So. 3d 67 (Fla. 5th DCA 2010).

Baroulette v. McCray, 904 So. 2d 575 (Fla. 3d DCA 2005).

Stapler v. State, 939 So. 2d 1092 (Fla. 5th DCA 2006).

Battles v. State, 919 So. 2d 621 (Fla. 1st DCA 2006).

Martinez v. State, 965 So. 2d 1244 (Fla. 2d DCA 2007).

— 948.06(1)(e) — 1 case

Jermaine Clarington v. State (Fla. 3d DCA 2020).

— 948.06(1)(f) — 12 cases

Williams v. State, 202 So. 3d 917 (Fla. 4th DCA 2016).

Joel Canchola v. State of Florida, 255 So. 3d 442 (Fla. 2d DCA 2018).

Hodges v. State, 262 So. 3d 842 (Fla. 1st DCA 2018).

State of Florida v. Destiney Lee Beery, 244 So. 3d 339 (Fla. 2d DCA 2018).

John Powers v. State of Florida, 260 So. 3d 318 (Fla. 4th DCA 2018).

— 948.06(1)(g) — 3 cases

Scott v. State, 937 So. 2d 746 (Fla. 4th DCA 2006).

Barton Hill v. The State of Florida (Fla. 3d DCA 2021).

Jeannette Nealy v. State of Florida (Fla. 6th DCA 2024).

— 948.06(1)(h) — 1 case

Rashad Milanes v. State of Florida (Fla. 4th DCA 2020).

— 948.06(2) — 34 cases

State v. Jones, 327 So. 2d 18 (Fla. 1976). “01(4), Florida Statutes (1973), who subsequently violates that probation may be sentenced to imprisonment by the trial judge for the same period of years as the court could have originally imposed in accordance with Section 948.06, Florida Statutes (1973), without the necessity…”

Young v. State, 697 So. 2d 75 (Fla. 1997). “We have held that section 948.06 is applicable when a defendant violates a probationary split sentence.”

Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992).

Toomajan v. State, 785 So. 2d 1275 (Fla. 5th DCA 2001).

State v. Cregan, 908 So. 2d 387 (Fla. 2005). “5 ("The term `sentence' in section 948.06 refers to incarceration. It does not refer to probation.”

— 948.06(2)(a) — 11 cases

State v. Watson, 909 So. 2d 942 (Fla. 5th DCA 2005).

State v. Daniels, 33 So. 3d 749 (Fla. 2d DCA 2010).

Hennig v. William G. Prummel, Jr., Sheriff of Charlotte Cnty., 198 So. 3d 17 (Fla. 2d DCA 2015).

Justin Randolph Demott v. State of Florida, 194 So. 3d 335 (Fla. 2016).

Washington v. State, 82 So. 3d 828 (Fla. 4th DCA 2011).

— 948.06(2)(b) — 32 cases

Robin Eustache v. State of Florida, 248 So. 3d 1097 (Fla. 2018). “14, part of the Act, the Legislature provides that a youthful offender who violates probation or community control is to be sentenced under section 948.06, a separate provision of general law applicable to adult CPC sentences.”

Peters v. State, 984 So. 2d 1227 (Fla. 2008).

State v. Valera, 75 So. 3d 330 (Fla. 4th DCA 2011).

State v. Currilly, 126 So. 3d 1244 (Fla. 1st DCA 2013).

Tasker v. State, 48 So. 3d 798 (Fla. 2010).

— 948.06(2)(c) — 3 cases

Woods v. State, 987 So. 2d 669 (Fla. 2d DCA 2007).

State v. Rincon, 273 So. 3d 1101 (Fla. 3d DCA 2019).

State of Florida v. Brady (Fla. 2d DCA 2026).

— 948.06(2)(d) — 6 cases

Thompson v. State, 994 So. 2d 468 (Fla. 3d DCA 2008).

Balsinger v. State, 974 So. 2d 592 (Fla. 2d DCA 2008).

State v. Kern, 996 So. 2d 263 (Fla. 2d DCA 2008).

Jermaine Clarington v. State (Fla. 3d DCA 2021).

Maxwell v. State of Florida (Fla. 1st DCA 2024).

— 948.06(2)(e) — 22 cases

Brian Harrington v. State of Florida, 238 So. 3d 294 (Fla. 4th DCA 2018).

Goldwire v. State, 73 So. 3d 844 (Fla. 4th DCA 2011).

Butler v. State, 195 So. 3d 1147 (Fla. 2d DCA 2016).

Adan Espinoza-brito v. State of Florida, 246 So. 3d 522 (Fla. 2d DCA 2018).

Eustache v. State, 199 So. 3d 484 (Fla. 4th DCA 2016).

— 948.06(2)(f) — 11 cases

Steven Kenneth Kaiser v. State of Florida (Fla. 4th DCA 2021).

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

Cubero v. State, 65 So. 3d 642 (Fla. 2d DCA 2011).

Allan J. Radi v. State of Florida (Fla. 5th DCA 2024).

Ventura Brown v. State of Florida (Fla. 1st DCA 2020).

— 948.06(2)(f)(1) — 1 case

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

— 948.06(2)(g) — 4 cases

Stambaugh v. State, 891 So. 2d 1136 (Fla. 4th DCA 2005).

Pupo-Diaz v. State, 966 So. 2d 1010 (Fla. 2d DCA 2007).

Keene v. State, 266 So. 3d 1264 (Fla. 5th DCA 2019).

— 948.06(3) — 22 cases

State v. Cregan, 908 So. 2d 387 (Fla. 2005). “5 ("The term `sentence' in section 948.06 refers to incarceration. It does not refer to probation.”

Van Wagner v. State, 677 So. 2d 314 (Fla. 1st DCA 1996).

Comer v. State, 909 So. 2d 460 (Fla. 4th DCA 2005).

Garcia v. State, 701 So. 2d 607 (Fla. 2d DCA 1997).

Robinson v. State, 850 So. 2d 658 (Fla. 1st DCA 2003).

— 948.06(4) — 22 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “Section 948.06, Florida Statutes, the statute at issue in this case, governs probation revocation proceedings.”

Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985).

Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993).

Clark v. State, 510 So. 2d 1202 (Fla. 2d DCA 1987).

Guardado v. State, 562 So. 2d 696 (Fla. 3d DCA 1990).

— 948.06(5) — 24 cases

Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “Section 948.06, Florida Statutes, the statute at issue in this case, governs probation revocation proceedings.”

Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006).

Odom v. State, 15 So. 3d 672 (Fla. 1st DCA 2009).

Martin v. State, 937 So. 2d 714 (Fla. 1st DCA 2006).

Erin Vontez Thompson v. State of Florida, 250 So. 3d 132 (Fla. 1st DCA 2018).

— 948.06(6) — 53 cases

Gibson v. Florida Dept. of Corr., 885 So. 2d 376 (Fla. 2004).

Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994).

State v. Akins, 69 So. 3d 261 (Fla. 2011).

State v. Lancaster, 731 So. 2d 1227 (Fla. 1998).

Tribue v. State, 682 So. 2d 196 (Fla. 3d DCA 1996).

— 948.06(6)(a) — 1 case

State v. Leukel, 979 So. 2d 292 (Fla. 5th DCA 2008).

— 948.06(67) — 1 case

In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009).

— 948.06(7) — 10 cases

Gibson v. Florida Dept. of Corr., 885 So. 2d 376 (Fla. 2004).

Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004).

Eldridge v. Moore, 760 So. 2d 888 (Fla. 2000).

Morris v. State, 978 So. 2d 259 (Fla. 5th DCA 2008).

In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).

— 948.06(8) — 28 cases

Kenneth Whittaker v. State of Florida, 223 So. 3d 270 (Fla. 4th DCA 2017). “On appeal, appellant first argues that the trial court failed to comply with the statutory procedure governing a violation of probation by a violent felony offender of special concern (“VFOSC”), as the trial court did not make the “danger” finding using the statutorily…”

State v. Rincon, 273 So. 3d 1101 (Fla. 3d DCA 2019).

Terry Moore v. State of Florida, 268 So. 3d 792 (Fla. 4th DCA 2019).

Bailey v. State, 136 So. 3d 617 (Fla. 2d DCA 2013).

Cherington v. State, 24 So. 3d 658 (Fla. 2d DCA 2009).

— 948.06(8)(a) — 4 cases

Teias Peatenlane v. State of Florida, 240 So. 3d 17 (Fla. 4th DCA 2018).

The State of Florida v. Ventura Gutierrez (Fla. 3d DCA 2022).

State of Florida v. Jonathan Gomez (Fla. 4th DCA 2015).

Leon Denard Quinn v. State of Florida (Fla. 4th DCA 2020).

— 948.06(8)(b) — 20 cases

Cherington v. State, 24 So. 3d 658 (Fla. 2d DCA 2009).

Barber v. State, 207 So. 3d 379 (Fla. 5th DCA 2016). “We are confronted in this appeal with the statutory intricacies of revocation of probation proceedings involving an individual, Marcus Leon Barber, who qualifies as a violent felony offender of special concern under section 948.06, Florida Statutes (2015). This statute requires…”

State v. Rincon, 273 So. 3d 1101 (Fla. 3d DCA 2019).

Terry Moore v. State of Florida, 268 So. 3d 792 (Fla. 4th DCA 2019).

— 948.06(8)(b)(1) — 3 cases

Timothy Wetherington v. State of Florida (Fla. 2d DCA 2018).

Wetherington v. State, 242 So. 3d 1061 (Fla. 2d DCA 2018).

The State of Florida v. Antwan McKinney (Fla. 3d DCA 2025).

— 948.06(8)(b)(2) — 2 cases

Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010).

Robert Sanders Mc Cray v. State of Florida (Fla. 2d DCA 2019).

— 948.06(8)(b)(l) — 1 case

Jeffers v. State, 106 So. 3d 37 (Fla. 2d DCA 2013).

— 948.06(8)(c) — 17 cases

Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010).

Bailey v. State, 136 So. 3d 617 (Fla. 2d DCA 2013).

Terry Moore v. State of Florida, 268 So. 3d 792 (Fla. 4th DCA 2019).

State v. Martinez, 103 So. 3d 1013 (Fla. 3d DCA 2012).

— 948.06(8)(c)(12) — 1 case

Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010).

— 948.06(8)(c)(15) — 1 case

Michelle a Hollingsworth v. State of Florida (Fla. 4th DCA 2020).

— 948.06(8)(c)(19) — 1 case

Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010).

— 948.06(8)(c)(5) — 1 case

Jeffers v. State, 106 So. 3d 37 (Fla. 2d DCA 2013).

— 948.06(8)(d) — 8 cases

State v. Rincon, 273 So. 3d 1101 (Fla. 3d DCA 2019).

Jeffers v. State, 106 So. 3d 37 (Fla. 2d DCA 2013).

Daniels v. State, 114 So. 3d 1108 (Fla. 2d DCA 2013).

Jackson v. State of Florida (Fla. 2d DCA 2024).

Simmons v. State, 219 So. 3d 843 (Fla. 4th DCA 2017).

— 948.06(8)(d)(l) — 1 case

Daniels v. State, 114 So. 3d 1108 (Fla. 2d DCA 2013).

— 948.06(8)(e) — 57 cases

Arnone v. State, 204 So. 3d 556 (Fla. 4th DCA 2016).

Katherine Jane Souza v. State of Florida, 229 So. 3d 387 (Fla. 4th DCA 2017).

Bailey v. State, 136 So. 3d 617 (Fla. 2d DCA 2013).

— 948.06(8)(e)(1) — 6 cases

Robert Sanders Mc Cray v. State of Florida (Fla. 2d DCA 2019).

Deymus Ramos Gonzalez v. The State of Florida (Fla. 3d DCA 2024).

Jimeal Smith v. State of Florida, 248 So. 3d 235 (Fla. 4th DCA 2018).

Jimeal Smith v. State of Florida (Fla. 4th DCA 2018).

Jackson v. State of Florida (Fla. 2d DCA 2024).

— 948.06(8)(e)(1)(a) — 3 cases

Jimeal Smith v. State of Florida (Fla. 4th DCA 2018).

Jimeal Smith v. State of Florida, 248 So. 3d 235 (Fla. 4th DCA 2018).

Robert Sanders Mc Cray v. State of Florida (Fla. 2d DCA 2019).

— 948.06(8)(e)(1)(c) — 1 case

Robert Sanders Mc Cray v. State of Florida (Fla. 2d DCA 2019).

— 948.06(8)(e)(2)(a) — 2 cases

Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010).

Aribu v. State of Florida (Fla. 2d DCA 2025).

— 948.06(8)(e)(2)(b) — 2 cases

Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010).

Aribu v. State of Florida (Fla. 2d DCA 2025).

— 948.06(8)(e)(l) — 1 case

Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010).

— 948.06(8)(e)(l)(c) — 1 case

Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012).

— 948.06(9)(b) — 5 cases

Steven Kenneth Kaiser v. State of Florida (Fla. 4th DCA 2021).

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

D.l., a Child v. State of Florida (Fla. 4th DCA 2021).

Sherri Lavictoire Marquis v. State of Florida (Fla. 4th DCA 2022).

Harris v. State of Florida (Fla. 1st DCA 2024).

— 948.06(9)(d) — 2 cases

Steven Kenneth Kaiser v. State of Florida (Fla. 4th DCA 2021).

Keeney Diaz v. The State of Florida (Fla. 3d DCA 2023).

— 948.06(b) — 1 case

Maxwell v. State of Florida (Fla. 1st DCA 2024).

— 948.06(e)(2) — 1 case

Darrell Morris v. The State of Florida (Fla. 3d DCA 2023).

— 948.06(l)(a) — 4 cases

Williams v. State, 4 So. 3d 728 (Fla. 5th DCA 2009).

Parsons v. State, 16 So. 3d 317 (Fla. 2d DCA 2009).

Perez v. State, 8 So. 3d 1152 (Fla. 5th DCA 2009).

Brown v. McNeil, 591 F. Supp. 2d 1245 (M.D. Fla. 2008).

— 948.06(l)(b) — 1 case

Garcia-Medina v. State, 135 So. 3d 1119 (Fla. 2d DCA 2013).

— 948.06(l)(d) — 9 cases

Shenfeld v. State, 14 So. 3d 1021 (Fla. 4th DCA 2009). “State, the First District held that retroactive application of the 2001 amendments to section 948.06, Florida Statutes, which provided for the tolling of the probationary period, violated ex post [acto because the amended affidavits of violation of probation would have been…”

Gonzalez-Ramos v. State, 46 So. 3d 67 (Fla. 5th DCA 2010).

Badger v. State, 23 So. 3d 813 (Fla. 2d DCA 2009).

T.L.H. v. State, 93 So. 3d 396 (Fla. 2d DCA 2012).

— 948.06(l)(e) — 1 case

Garcia-Medina v. State, 135 So. 3d 1119 (Fla. 2d DCA 2013).

— 948.06(l)(f) — 1 case

Mobley v. State, 197 So. 3d 572 (Fla. 4th DCA 2016). “” § 948.06(l)(f), Fla. Stat. In a situation where there is no warrantless arrest or notice to appear, as is true in this case, “[b]oth the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period.”

— 948.06(l)(g) — 1 case

Garcia-Medina v. State, 135 So. 3d 1119 (Fla. 2d DCA 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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Fla. Stat. § 948.06 (2025)

Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.

Arrestable Offenses under F.S. 948.06