Florida Statute 948.09 | 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. 948.09

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 Casetext

Amendments to 948.09

Arrestable Offenses / Crimes under Fla. Stat. 948.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.09.

Annotations, Discussions, Cases:

Cases Citing Statute 948.09

Total Results: 20

ANTONIOUS WHITE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-08-30

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-03

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-06-26

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

DEVASSE THOMPSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-05-24

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-04-24

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

ROBERDD DOUCHARD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-22

Snippet: of probation. As the State concedes, subsection 948.09(1)(b), Florida Statutes (2022), permits the imposition

SHERRI LAVICTOIRE MARQUIS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-05-25

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

JEFFREY ALLEN SIKICH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-04-27

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2022-03-30

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

MICHAEL DAVID SANDOVAL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-02-16

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

SAMUEL JOSHUA PARIS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-02-16

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

MARK METELLUS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-01-13

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

MARK METELLUS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-11-18

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

SHAREE DIXON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-10-14

Snippet: section 948.09, Florida Statutes (2016), while the statute solely authorizes the former. See § 948.09(1)(a)2

TAVARIS JAMAL EVANS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-07-29

Snippet: of the cost of supervision pursuant to s. 948.09. § 947.1405(2), Fla. Stat. (emphases added). Everyday

Erin Vontez Thompson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-05-17

Citation: 250 So. 3d 132

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

Shacker v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-01-30

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

Snippet: otherwise exempted, in accordance with Section 948.09, Florida Statutes, and as grounds for belief that

Philemon v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-03-14

Citation: 82 So. 3d 200, 2012 Fla. App. LEXIS 4121, 2012 WL 832666

Snippet: restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the

Del Valle v. State

Court: Supreme Court of Florida | Date Filed: 2011-12-15

Citation: 80 So. 3d 999, 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783

Snippet: restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the

Chandler v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-18

Citation: 41 So. 3d 1107, 2010 Fla. App. LEXIS 12196, 2010 WL 3239160

Snippet: restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the