Florida Statute 948.10 | 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. 948.10

948.10 Community control programs; home confinement.—

(1) The Department of Corrections shall develop and administer a community control program. This program shall be rigidly structured and designed to accommodate offenders who, in the absence of such a program, would have been incarcerated in a jail or prison. The program shall focus on the provision of home confinement subject to an authorized level of limited freedom and special conditions that are commensurate with the seriousness of the crime. The program shall offer the courts and the Florida Commission on Offender Review an alternative, community-based method to punish an offender in lieu of incarceration and shall provide intensive supervision to closely monitor compliance with restrictions and special conditions, including, but not limited to, treatment or rehabilitative programs. The targeted population for this community control program includes:

(a) Probation violators charged with technical violations or new violations of law.

(b) Parole or conditional release violators charged with technical violations or new violations of law.

(c) Individuals found guilty of felonies who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation.

(2) Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. Community control is an individualized program in which the offender is restricted to a residential treatment facility or a nursing facility or restricted to his or her approved residence subject to an authorized level of limited freedom.

(3) Procedures governing violations of community control are the same as those described in s. 948.06 with respect to probation.

(4) Upon completion of the sanctions imposed and before the expiration of the community control term ordered by the court, the department may petition the court to terminate early the supervision of the offender from community control supervision or to return the offender to a program of regular probation supervision for the remainder of the term. In considering the petition, the court should recognize the limited staff resources committed to the community control program, the purpose of the program, and the offender’s successful compliance with the conditions set forth in the order of the court.

History.—ss. 12, 13, 21, ch. 83-131; s. 77, ch. 85-62; s. 4, ch. 87-211; ss. 62, 69, ch. 88-122; s. 18, ch. 90-337; s. 15, ch. 91-225; ss. 1, 16, ch. 91-280; s. 14, ch. 93-227; s. 1690, ch. 97-102; s. 6, ch. 97-239; s. 6, ch. 2001-209; s. 3, ch. 2003-142; ss. 3, 6, 7, 30, ch. 2004-373; s. 7, ch. 2007-2; s. 6, ch. 2008-250; s. 51, ch. 2014-191; s. 11, ch. 2017-115; s. 136, ch. 2019-167.

Note.—Subsection (2) former s. 948.01(10); subsection (9) former s. 948.01(9); subsection (10) former s. 948.01(5).

F.S. 948.10 on Google Scholar

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Amendments to 948.10

Arrestable Offenses / Crimes under Fla. Stat. 948.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.10.

Annotations, Discussions, Cases:

Cases Citing Statute 948.10

Total Results: 12

TAVARIS JAMAL EVANS v. STATE OF FLORIDA

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

Snippet: 948.01(1)(a), (3), Fla. Stat. (2018); see also § 948.10(1), Fla. Stat. (2018) (“The Department of Corrections

Woods v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-24

Citation: 214 So. 3d 803, 2017 WL 1438510, 2017 Fla. App. LEXIS 5665

Snippet: terms and conditions as provided” by statute.); § 948.10, Fla. Stat. (2014) (Community control is "an alternative

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Supreme Court of Florida | Date Filed: 2015-10-08

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: government for purposes of this section.] § 948.10(10), Fla. Stat. *960 “Law enforcement

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Supreme Court of Florida | Date Filed: 2013-12-05

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: officer]. Definitions. Give as applicable. § 948.10(1), Fla. Stat. “Law enforcement officer” means

Ellis v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-05-08

Citation: 816 So. 2d 759, 2002 WL 906172

Snippet: place the defendant on drug offender probation. § 948.10(13), Fla.Statute (2001). This provision appears

Trotter v. State

Court: Supreme Court of Florida | Date Filed: 1996-12-19

Citation: 690 So. 2d 1234, 1996 WL 726878

Snippet: aggravating factor in sentencing. We agree. Subsection 948.10(1), Florida statutes (1985), provides that community

Martin v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-04-12

Citation: 618 So. 2d 737, 1993 WL 105445

Snippet: in a community control program as provided in s. 948.10... . If this sentencing alternative to incarceration

Trotter v. State

Court: Supreme Court of Florida | Date Filed: 1990-12-20

Citation: 576 So. 2d 691, 1990 WL 252108

Snippet: aggravating factor in sentencing.[9] We agree. Subsection 948.10(1), Florida Statutes (1985), provides that community

Dietz v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-11-23

Citation: 534 So. 2d 808, 1988 WL 124794

Snippet: as an alternative to a state prison sentence. § 948.10, Fla. Stat. (1985). A defendant sentenced under

Mitchell v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-01-31

Citation: 463 So. 2d 416, 10 Fla. L. Weekly 270

Snippet: dispositional alternative to imprisonment. Section 948.10(1) states that community control "shall offer the

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-12-20

Citation: 464 So. 2d 1218, 10 Fla. L. Weekly 673

Snippet: punishment. Chapter 83-131, Section 2; see also Section 948.10(1), Florida Statutes (1983). The Act, among other

Louzon v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-12-13

Citation: 460 So. 2d 551

Snippet: classified as a "non-state prison sanction." See §§ 948.10(1), 948.001(1), Florida Statutes (1983); Fla.R