Florida Statute 948.9 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

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F.S. 948.09

948.09 Payment for cost of supervision and other monetary obligations.—

(1)(a)1. Any person ordered by the court, the Department of Corrections, or the Florida Commission on Offender Review to be placed under supervision under this chapter, chapter 944, chapter 945, chapter 947, or chapter 958, or in a pretrial intervention program, must, as a condition of any placement, pay the department a total sum of money equal to the total month or portion of a month of supervision times the court-ordered amount, but not to exceed the actual per diem cost of the supervision. The department shall adopt rules by which an offender who pays in full and in advance of regular termination of supervision may receive a reduction in the amount due. The rules shall incorporate provisions by which the offender’s ability to pay is linked to an established written payment plan. Funds collected from felony offenders may be used to offset costs of the Department of Corrections associated with community supervision programs, subject to appropriation by the Legislature.

2. In addition to any other contribution or surcharge imposed by this section, each felony offender assessed under this paragraph shall pay a $2-per-month surcharge to the department. The surcharge shall be deemed to be paid only after the full amount of any monthly payment required by the established written payment plan has been collected by the department. These funds shall be used by the department to pay for correctional probation officers’ training and equipment, including radios, and firearms training, firearms, and attendant equipment necessary to train and equip officers who choose to carry a concealed firearm while on duty. This subparagraph does not limit the department’s authority to determine who shall be authorized to carry a concealed firearm while on duty, or limit the right of a correctional probation officer to carry a personal firearm approved by the department.

(b) Any person placed on misdemeanor probation by a county court must contribute not less than $40 per month, as decided by the sentencing court, to the court-approved public or private entity providing misdemeanor supervision.

(2) Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for electronic monitoring services at a rate that may not exceed the full cost of the monitoring service in addition to the cost of supervision as directed by the sentencing court. The funds collected under this subsection shall be deposited in the General Revenue Fund. The department may exempt a person from paying all or any part of the costs of the electronic monitoring service if it finds that any of the factors listed in subsection (3) exist.

(3) Any failure to pay contribution as required under this section may constitute a ground for the revocation of supervision by the court or by the Florida Commission on Offender Review, the revocation of control release by the Control Release Authority, or the removal from the pretrial intervention program by the state attorney. The Department of Corrections may exempt a person from the payment of all or any part of the contribution if it finds any of the following factors:

(a) The offender has diligently attempted, but has been unable, to obtain or maintain employment that provides him or her sufficient income to make such payments.

(b) The offender is a student in a school, college, university, or course of career training designed to fit the student for gainful employment. Certification of such student status shall be supplied to the offender’s probation officer by the educational institution in which the offender is enrolled.

(d) The offender’s age prevents him or her from obtaining employment.

(e) The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender.

(f) The offender has been transferred outside the state under an interstate compact adopted pursuant to chapter 949.

(4) As a condition of an interstate compact adopted pursuant to chapter 949, the department shall require each out-of-state probationer or parolee transferred to this state to contribute not less than $30 or more than the cost of supervision, certified by the Department of Corrections, per month to defray the cost incurred by this state as a result of providing supervision and rehabilitation during the period of supervision.

(5) In addition to any other required contributions, the department, at its discretion, may require offenders under any form of supervision to submit to and pay for urinalysis testing to identify drug usage as part of the rehabilitation program. Any failure to make such payment, or participate, may be considered a ground for revocation by the court, the Florida Commission on Offender Review, or the Control Release Authority, or for removal from the pretrial intervention program by the state attorney. The department may exempt a person from such payment if it determines that any of the factors specified in subsection (3) exist.

(6) The department shall establish a payment plan for all costs ordered by the courts for collection by the department and a priority order for payments, except that victim restitution payments authorized under s. 948.03(1)(f) take precedence over all other court-ordered payments. The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan.

History.—s. 18, ch. 74-112; s. 2, ch. 76-238; s. 1, ch. 77-321; s. 1, ch. 77-428; s. 1, ch. 78-368; s. 100, ch. 79-3; s. 1, ch. 84-337; s. 10, ch. 85-340; ss. 58, 73, ch. 88-122; s. 7, ch. 89-526; s. 6, ch. 90-337; s. 1, ch. 91-225; s. 7, ch. 91-280; s. 2, ch. 92-298; s. 4, ch. 94-265; s. 1, ch. 94-290; s. 41, ch. 95-283; s. 51, ch. 96-312; s. 1878, ch. 97-102; s. 8, ch. 98-388; s. 16, ch. 2001-242; s. 5, ch. 2004-251; s. 65, ch. 2004-357; s. 29, ch. 2004-373; s. 150, ch. 2005-2; s. 11, ch. 2009-63; s. 19, ch. 2010-64; s. 50, ch. 2014-191; s. 10, ch. 2017-115.

Note.—Former s. 945.30.

F.S. 948.09 on Google Scholar

F.S. 948.09 on CourtListener

Amendments to 948.09

Annotations, Discussions, Cases:

Cases Citing Statute 948.09

Total Results: 40

State v. Williams

712 So. 2d 762, 1998 WL 285248

Supreme Court of Florida | Filed: Jun 4, 1998 | Docket: 1472101

Cited 35 times | Published

OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE

Nieves v. State

678 So. 2d 468, 1996 WL 464157

District Court of Appeal of Florida | Filed: Aug 16, 1996 | Docket: 1737036

Cited 8 times | Published

the Department of Corrections, pursuant to section 948.09, Florida Statutes (1995), need not be orally

Haygood v. State

687 So. 2d 318, 1997 WL 30923

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1718521

Cited 7 times | Published

(Fla. 4th DCA 1996). The state argues that section 948.09(7), Florida Statutes (1995), permits courts

Griffis v. State

848 So. 2d 422, 2003 WL 21501907

District Court of Appeal of Florida | Filed: Jul 2, 2003 | Docket: 1309450

Cited 6 times | Published

plus a $2.00 monthly surcharge pursuant to section 948.09(1)(a)2., Florida Statutes (1999). The affidavit

Williams v. State

700 So. 2d 750, 1997 WL 614560

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 1373114

Cited 4 times | Published

in this case has pointed out, however, that section 948.09(6), Florida Statutes (1995), provides that

Martin v. State

618 So. 2d 737, 1993 WL 105445

District Court of Appeal of Florida | Filed: Apr 12, 1993 | Docket: 1720328

Cited 4 times | Published

is to be effected. Under the provisions of section 948.09(1), Florida Statutes (1991), the trial court

Shacker v. State

106 So. 3d 36, 2013 WL 332134, 2013 Fla. App. LEXIS 1212

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60228185

Cited 3 times | Published

unless otherwise exempted, in accordance with Section 948.09, Florida Statutes, and as grounds for belief

Blanchette v. State

620 So. 2d 258, 1993 WL 225639

District Court of Appeal of Florida | Filed: Jun 28, 1993 | Docket: 1722867

Cited 3 times | Published

cocaine and sale of cocaine. We observed that section 948.09(1), Florida Statutes (1991), authorizes the

Erin Vontez Thompson v. State of Florida

250 So. 3d 132

District Court of Appeal of Florida | Filed: May 17, 2018 | Docket: 6742536

Cited 2 times | Published

her responsibilities to her three dependents. § 948.09(3)(e), Fla. Stat. (2018) (Department may exempt

Porchia v. State

705 So. 2d 1050, 1998 WL 56427

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 1555001

Cited 2 times | Published

reimposed. Justice. The state has pointed out that section 948.09(6), Florida Statutes (1995) appears to contain

Smith v. State

702 So. 2d 1305, 1997 WL 716800

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 460207

Cited 2 times | Published

v. State, 700 So.2d 750 (Fla. 2d DCA 1997), section 948.09(6), Florida Statutes (1995), provides that

Lamont Rum Fortson v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117375

Published

imposition of costs for supervision is governed by section 948.09(1)(a)1., which provides: Any

Nikeira Martinez Avila v. State of Florida

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962147

Published

supervision cost under section 948.09(1)(a)1., Florida Statutes (2023). Section 948.09(1)(a)1. pertinently

ANTONIOUS WHITE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2024 | Docket: 69042410

Published

requires him to pay costs of supervision. See id. § 948.09(1)(a)1. (requiring payment of costs of supervision

Michael Anthony Arcamone v. The State of Florida

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913259

Published

supervision fee in excess of Florida Statutes section 948.09(1)(b)’s forty-dollar fee without any accompanying

Kenneth A. Frank v. State of Florida

District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886330

Published

Monthly costs of supervision are authorized by section 948.09, Florida Statutes (2022), which provides in

DEVASSE THOMPSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2024 | Docket: 68562341

Published

agree that Thompson’s position is well taken. See § 948.09(1)(a)(1), Fla. Stat. (2022) (“Any person ordered

Zandia Michele Mobley v. State of Florida

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68465994

Published

supervision in excess of the amount authorized by section 948.09(1)(b), Florida Statutes (2022), and when it

SHERRI LAVICTOIRE MARQUIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335822

Published

Paying $50 Per Month for Cost of Supervision Section 948.09(1)(b), Florida Statutes (2020), provides: “Any

JEFFREY ALLEN SIKICH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 27, 2022 | Docket: 63266921

Published

impose only a $40 monthly supervision charge. See § 948.09(1)(b), Fla. Stat. (2021) (“Any person placed on

JACQUELINE RIVERA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198515

Published

L. Weekly D445 (Fla. 4th DCA Feb. 16, 2022); § 948.09(1)(b), Fla. Stat. (2020). We further find

SAMUEL JOSHUA PARIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008458

Published

impose only a $40 monthly supervision charge. See § 948.09(1)(b), Fla. Stat. (2019) (“Any person placed on

MICHAEL DAVID SANDOVAL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008462

Published

sentencing. The State agrees and so do we. Section 948.09(1)(b), Florida Statutes (2020), provides that

MARK METELLUS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 13, 2021 | Docket: 29102121

Published

afforded to the Department of Corrections in section 948.09(6), Florida Statutes (1995), is insufficient

MARK METELLUS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 18, 2020 | Docket: 18642920

Published

afforded to the Department of Corrections in section 948.09(6), Florida Statutes (1995), is insufficient

SHAREE DIXON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 14, 2020 | Docket: 18534801

Published

both a $2 surcharge and a 4% surcharge under section 948.09, Florida Statutes (2016), while the statute

Brown v. McNeil

591 F. Supp. 2d 1245, 2008 U.S. Dist. LEXIS 39210, 2008 WL 2073910

District Court, M.D. Florida | Filed: May 14, 2008 | Docket: 2286502

Published

Petitioner "did willfully fail to comply with Florida Statute 948.09 formerly 945.30 and as of February 11,

Parrish v. State

898 So. 2d 1074, 2005 Fla. App. LEXIS 3692, 2005 WL 636880

District Court of Appeal of Florida | Filed: Mar 21, 2005 | Docket: 64837443

Published

the costs of such testing, is authorized by section 948.09(6), Florida Statutes. We agree with appellant

Gray v. State

791 So. 2d 560, 2001 WL 871385

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1228892

Published

imposed by the Parole Commission. See Fla. Stat. § 948.09(1)(a)1 (1999).[2] The statute also proscribes

Edwards v. State

728 So. 2d 736, 24 Fla. L. Weekly Supp. 102, 1999 Fla. LEXIS 258, 1999 WL 92239

Supreme Court of Florida | Filed: Feb 25, 1999 | Docket: 64786905

Published

OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE

State v. Porchia

716 So. 2d 766, 23 Fla. L. Weekly Supp. 423, 1998 Fla. LEXIS 1475, 1998 WL 608231

Supreme Court of Florida | Filed: Aug 20, 1998 | Docket: 64782445

Published

OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE

Edwards v. State

780 So. 2d 86, 1998 Fla. App. LEXIS 6564, 1998 WL 299350

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 64804303

Published

OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE

State v. Smith

710 So. 2d 980, 23 Fla. L. Weekly Supp. 295, 1998 Fla. LEXIS 1036, 1998 WL 286287

Supreme Court of Florida | Filed: Jun 4, 1998 | Docket: 64780957

Published

OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE

Hernandez v. State

708 So. 2d 1003, 1998 Fla. App. LEXIS 2959, 1998 WL 135242

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 64780031

Published

OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE

Huff v. State

700 So. 2d 787, 1997 Fla. App. LEXIS 11976, 1997 WL 655939

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64776331

Published

in this case has pointed out, however, that section 948.09(6), Florida Statutes (1995), provides that

Felix v. State

709 So. 2d 547, 1997 Fla. App. LEXIS 6541, 22 Fla. L. Weekly Fed. D 1458

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 64780218

Published

was put on notice of those requirements by section 948.09, Florida Statutes (1995), section 958.04, Florida

Campbell v. State

661 So. 2d 122, 1995 Fla. App. LEXIS 10492, 1995 WL 581690

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 64759183

Published

paying the costs of supervision required by section 948.09, Florida Statutes (1994). See Royster v. State

Johnson v. State

660 So. 2d 794, 1995 Fla. App. LEXIS 9920, 1995 WL 553025

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 64758890

Published

paying the costs of supervision required by section 948.09, Florida Statutes (1994). See Royster v. State

Kionka v. State

660 So. 2d 419, 1995 Fla. App. LEXIS 9921, 1995 WL 553015

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 64758684

Published

DCA 1995). It is also clear from the face of section 948.09(3), Florida Statutes (1994), that any authority

Dykes v. State

623 So. 2d 827, 1993 Fla. App. LEXIS 8976, 1993 WL 347786

District Court of Appeal of Florida | Filed: Sep 3, 1993 | Docket: 64698542

Published

pay any more than the assessment allowed by section 948.09(1)[, Florida Statutes (1991)].” 620 So.2d at