Florida Statutes

Fla. Stat. § 948.10 (2025)

Community control programs; home confinement.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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).

Notes of Decisions

Cited in 11 cases, 1984–2020 · leading case: Trotter v. State, 576 So. 2d 691 (Fla. 1990).

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Trotter v. State, 576 So. 2d 691 (Fla. 1990). · cites it 2× “When the entire Burse colloquy is considered, we conclude that the trial judge did not abuse his discretion in removing Burse for cause.”

Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002). · cites it 2× “§ 948.10(13), Fla.Statute (2001). This provision appears to restrict its use to violations of section 893.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). · cites it 2× “] § 948.10(10), Fla. Stat. *960 “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary…”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). · cites it 2× “§ 948.10(1), Fla. Stat. “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility…”

Trotter v. State, 690 So. 2d 1234 (Fla. 1996). · cites it 3× “" We held that imprisonment does not include community control.”

Dietz v. State, 534 So. 2d 808 (Fla. 2d DCA 1988). · cites it 2× “§ 948.10, Fla. Stat. (1985). A defendant sentenced under this program may suffer sanctions which can include, among others, curfew, deprivation of nonessential activities or privileges, and other appropriate restraints on the offender's liberty.”

Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984). · cites it 2× “Chapter 83-131, Section 2; see also Section 948.10(1), Florida Statutes (1983).”

Woods v. State, 214 So. 3d 803 (Fla. 1st DCA 2017). · cites it 2× “); § 948.10, Fla. Stat. (2014) (Community control is "an alternative, community-based method to punish an offender in lieu of incarceration.”

Mitchell v. State, 463 So. 2d 416 (Fla. 1st DCA 1985). “Section 948.10(1) states that community control "shall offer the courts and the Parole and Probation Commission an alternative, community-based method to punish an offender in lieu of incarceration.”

Louzon v. State, 460 So. 2d 551 (Fla. 5th DCA 1984). “" See §§ 948.10(1), 948.001(1), Florida Statutes (1983); Fla.”

Tavaris Jamal Evans v. State of Florida (Fla. 4th DCA 2020). · cites it 2× “(2018); see also § 948.10(1), Fla. Stat. (2018) (“The Department of Corrections shall develop and administer a community control program.”

— 948.10(1) — 7 cases

Trotter v. State, 576 So. 2d 691 (Fla. 1990). “When the entire Burse colloquy is considered, we conclude that the trial judge did not abuse his discretion in removing Burse for cause.”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “§ 948.10(1), Fla. Stat. “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility…”

Trotter v. State, 690 So. 2d 1234 (Fla. 1996). “" We held that imprisonment does not include community control.”

Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984). “Chapter 83-131, Section 2; see also Section 948.10(1), Florida Statutes (1983).”

— 948.10(10) — 1 case

In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “] § 948.10(10), Fla. Stat. *960 “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary…”

— 948.10(13) — 1 case

Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002). “§ 948.10(13), Fla.Statute (2001). This provision appears to restrict its use to violations of section 893.”

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