948.101

Terms and conditions of community control.

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948.101 Terms and conditions of community control.—

(1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. The court shall require intensive supervision and surveillance for an offender placed into community control, which may include, but is not limited to:

(a) Specified contact with the parole and probation officer.

(b) Confinement to an agreed-upon residence during hours away from employment and public service activities.

(d) Supervision by the Department of Corrections by means of an electronic monitoring device or system.

(e) The standard conditions of probation set forth in s. 948.03.

(2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, or a residential treatment facility owned or operated by any entity providing such services.

History.—s. 16, ch. 83-131; s. 5, ch. 87-211; s. 37, ch. 89-526; s. 4, ch. 91-280; ss. 14, 15, ch. 93-227; s. 17, ch. 96-322; ss. 11, 15, ch. 2004-373; s. 30, ch. 2008-172; s. 20, ch. 2010-64; s. 13, ch. 2010-113; s. 30, ch. 2016-224; s. 12, ch. 2017-115.

Note.—Subsection (1) former s. 948.03(2); subsection (3) former s. 948.01(14).

Notes of Decisions

Cited in 4 cases, 2006–2018 · leading case: In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

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In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT. (2018) fla · cites it 4× “(16) You shall submit to the taking of a digitized photograph as required by section 948.101, Florida Statutes. SPECIAL CONDITIONS ___ You must undergo a (drug/alcohol) evaluation, and if treatment is deemed necessary, you must successfully complete the treatment.”

Ashley v. State (2006) fladistctapp · cites it 2× “Indeed, as previously mentioned, standard conditions of community control supervision require that the defendant maintain a residence, that the defendant notify his or her probation officer of the address, and that the defendant remain at that location and allow supervisory…”

Lavender v. State (2016) fladistctapp “And while the requirement of submitting to electronic monitoring is a standard condition of probation that need not be orally pronounced, see § 948.101(l)(d), there is no statutory authority for requiring a probationer to pay for such monitoring.”

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report (2018) fla · cites it 4× “(16) You shall submit to the taking of a digitized photograph as required by section 948.101, Florida Statutes. SPECIAL CONDITIONS You must undergo a (drug/alcohol) evaluation, and if treatment is deemed necessary, you must successfully complete the treatment.”

— 948.101(a)(2) — 1 case

Ashley v. State (2006) fladistctapp “Indeed, as previously mentioned, standard conditions of community control supervision require that the defendant maintain a residence, that the defendant notify his or her probation officer of the address, and that the defendant remain at that location and allow supervisory…”

— 948.101(l)(d) — 1 case

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