Florida Statutes
Fla. Stat. § 948.15 (2025)
Misdemeanor probation services.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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948.15 Misdemeanor probation services.—
(1) A defendant found guilty of a misdemeanor who is placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court. Probation supervision services for a defendant found guilty of a misdemeanor for possession of a controlled substance or drug paraphernalia under chapter 893 may be provided by a licensed substance abuse education and intervention program, which may provide substance abuse education and intervention as well as any other terms and conditions of probation. In relation to any offense other than a felony in which the use of alcohol; a controlled substance, as defined in s. 893.02; a controlled substance analog, as defined in s. 893.0356; or a chemical substance described in s. 877.111(1) is a significant factor, the period of probation may be up to 1 year.
(2) A private entity or public entity, including a licensed substance abuse education and intervention program, under the supervision of the board of county commissioners or the court may provide probation services and licensed substance abuse education and treatment intervention programs for misdemeanor offenders sentenced or placed on probation.
(3) Any private entity, including a licensed substance abuse education and intervention program, providing services for the supervision of misdemeanor probationers must contract with the county in which the services are to be rendered. The chief judge must approve the contract. Terms of the contract must state, but are not limited to:
(a) The extent of the services to be rendered by the entity providing supervision or rehabilitation.
(b) Staff qualifications and criminal record checks of staff.
(c) Staffing levels.
(d) The number of face-to-face contacts with the offender.
(e) Procedures for handling the collection of all offender fees and restitution.
(f) Procedures for handling indigent offenders which ensure placement irrespective of ability to pay.
(g) Circumstances under which revocation of an offender’s probation may be recommended.
(h) Reporting and recordkeeping requirements.
(i) Default and contract termination procedures.
(j) Procedures that aid offenders with job assistance.
(k) Procedures for accessing criminal history records of probationers.
In addition, the entity shall supply the chief judge’s office with a quarterly report summarizing the number of offenders supervised by the private entity, payment of the required contribution under supervision or rehabilitation, and the number of offenders for whom supervision or rehabilitation will be terminated. All records of the entity must be open to inspection upon the request of the county, the court, the Auditor General, the Office of Program Policy Analysis and Government Accountability, or agents thereof.
(4) A private entity that provides court-ordered services to offenders and that charges a fee for such services must register with the board of county commissioners in the county in which the services are offered. The entity shall provide the following information for each program it operates:
(a) The length of time the program has been operating in the county.
(b) A list of the staff and a summary of their qualifications.
(c) A summary of the types of services that are offered under the program.
(d) The fees the entity charges for court-ordered services and its procedures, if any, for handling indigent offenders.
(5) The private entity, including a licensed substance abuse education and intervention program, providing misdemeanor supervision services must also comply with all other applicable provisions of law.
History.—s. 10, ch. 91-280; s. 11, ch. 93-61; s. 42, ch. 95-283; s. 134, ch. 2001-266; s. 19, ch. 2005-28; s. 1, ch. 2012-106; s. 14, ch. 2017-115; s. 4, ch. 2022-166; s. 1, ch. 2025-70.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1993–2023 · leading case: Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997).
Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997). “…of county commissioners or the court may provide probation services for offenders sentenced by the county court. § 948.15, Fla. Stat. (1995).”
Putnam Cnty. Humane Soc., Inc. v. Woodward, 740 So. 2d 1238 (Fla. 5th DCA 1999). “In Stanfield , the Salvation Army contracted with Marion County to provide probationary services for misdemeanants pursuant to section 948.15, Florida Statutes. The contract required the Salvation Army to perform all of Marion County's misdemeanant probation functions which…”
Collins v. State, 626 So. 2d 991 (Fla. 1st DCA 1993). “Section 948.15(1), Florida Statutes (1991), provides that a defendant found guilty of a misdemeanor shall be subject to supervision for not more than six months, unless otherwise specified by the court, or unless the use of alcohol is a significant factor in the offense (then…”
D.V.S. v. State, 632 So. 2d 221 (Fla. 5th DCA 1994). “I concur with the majority in this case, relying primarily on section 948.15 [adults can be placed on probation for six months for this type of crime].”
Mem'l Hosp.-west Volusia v. News-journal, 927 So. 2d 961 (Fla. 5th DCA 2006). “" In Stanfield , the Salvation Army contracted with Marion County to provide probationary services for misdemeanants pursuant to section 948.15, Florida Statutes. This Court held that because the Salvation Army contract provided for the "complete assumption of a governmental…”
Tluczek v. State, 130 So. 3d 730 (Fla. 2d DCA 2014). “1986)); see also § 948.15(1), Fla. Stat. (2011). However, there appear to be exceptions to these general rules.”
DVS v. State, 632 So. 2d 221 (Fla. 5th DCA 1994). “I concur with the majority in this case, relying primarily on section 948.15 [adults can be placed on probation for six months for this type of crime].”
Earnest Carl Daugthrey v. State of Florida (Fla. 1st DCA 2023). “Section 948.15(1) provides the legal basis for his sentence.”
Moreno v. State, 675 So. 2d 1026 (Fla. 3d DCA 1996). “Regarding the alleged error in the defendant’s sentence, Section 948.15(1), Florida Statutes (1995), states that a defendant convicted of a second degree misdemeanor may receive up to a six month probationary period.”
— 948.15(1) — 4 cases
Collins v. State, 626 So. 2d 991 (Fla. 1st DCA 1993). “Section 948.15(1), Florida Statutes (1991), provides that a defendant found guilty of a misdemeanor shall be subject to supervision for not more than six months, unless otherwise specified by the court, or unless the use of alcohol is a significant factor in the offense (then…”
Tluczek v. State, 130 So. 3d 730 (Fla. 2d DCA 2014). “1986)); see also § 948.15(1), Fla. Stat. (2011). However, there appear to be exceptions to these general rules.”
Earnest Carl Daugthrey v. State of Florida (Fla. 1st DCA 2023). “Section 948.15(1) provides the legal basis for his sentence.”
Moreno v. State, 675 So. 2d 1026 (Fla. 3d DCA 1996). “Regarding the alleged error in the defendant’s sentence, Section 948.15(1), Florida Statutes (1995), states that a defendant convicted of a second degree misdemeanor may receive up to a six month probationary period.”
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