Florida Statute 948.20 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

View Entire Chapter

F.S. 948.20

948.20 Drug offender probation.—

(1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08.

(2) The Department of Corrections shall develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan. The program may include the use of graduated sanctions consistent with the conditions imposed by the court. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered.

(3) Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06.

History.—s. 14, ch. 91-225; s. 6, ch. 97-239; s. 4, ch. 2001-55; s. 10, ch. 2004-373; s. 7, ch. 2009-64; s. 5, ch. 2011-33; s. 137, ch. 2019-167.

Note.—Former s. 948.01(13).

F.S. 948.20 on Google Scholar

F.S. 948.20 on CourtListener

Amendments to 948.20

Annotations, Discussions, Cases:

Cases Citing Statute 948.20

Total Results: 35

Lawson v. State

969 So. 2d 222, 2007 WL 3101817

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1726018

Cited 73 times | Published

condition of drug offender probation under section 948.20, Florida Statutes (2005); or (3) as part of

Lawson v. State

941 So. 2d 485, 2006 WL 3102274

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 431794

Cited 6 times | Published

primary component of drug offender probation. See § 948.20(1), Fla. Stat. (2005) ("The Department of Corrections

State v. Roper

915 So. 2d 622, 2005 WL 1923121

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 1310786

Cited 6 times | Published

MONACO, J. This appeal causes us to examine section 948.20, Florida Statutes (2004), concerning the imposition

Nelson v. State

16 So. 3d 286, 2009 Fla. App. LEXIS 12526, 2009 WL 2601784

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1126006

Cited 5 times | Published

eligible for an alternative sentence under section 948.20, Florida Statutes (2008). We answer yes, and

Cole v. State

932 So. 2d 1123, 2006 WL 1627567

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1285650

Cited 5 times | Published

Rule 3.986(e). Additionally, Florida Statutes section 948.20, formerly Florida Statutes section 948.01(13)

Horne v. State

6 So. 3d 99, 2009 Fla. App. LEXIS 2905, 2009 WL 839034

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1665961

Cited 4 times | Published

enumerated in the drug offender probation statute. See § 948.20, Fla. Stat. (2005). In denying the claim, the

Anderson v. State

941 So. 2d 446, 2006 WL 3018027

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 15169

Cited 4 times | Published

cocaine, as such is contrary to Florida Statutes section 948.20. See State v. Roper, 915 So.2d 622 (Fla. 5th

Fortner v. State

23 So. 3d 1275, 2010 Fla. App. LEXIS 5, 2010 WL 21176

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 60281980

Cited 3 times | Published

State, 933 So.2d 26, 27-28 (Fla. 2d DCA 2006). Section 948.20, Florida Statutes (2006), authorizes drug offender

Redmond v. State

970 So. 2d 915, 2007 WL 4547368

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 628458

Cited 3 times | Published

for the offense of the delivery of cocaine. Section 948.20, Florida Statutes (2005), authorizes drug offender

Terry P. Powell v. State

223 So. 3d 412, 2017 WL 2888698, 2017 Fla. App. LEXIS 9712

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6119605

Cited 2 times | Published

qualified as a “chronic substance abuser” under section 948.20, Florida Statutes (2015); and second, that

State v. Winbush

121 So. 3d 1165, 2013 WL 5288110, 2013 Fla. App. LEXIS 14937

District Court of Appeal of Florida | Filed: Sep 20, 2013 | Docket: 60234362

Cited 2 times | Published

program if the defendant otherwise qualifies. § 948.20, Fla. Stat. (2011). Because he scored more than

Beals v. State

14 So. 3d 286, 2009 Fla. App. LEXIS 10723, 2009 WL 2382385

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 2549943

Cited 2 times | Published

is a violation of s. 893.13(2)(a) or (6)(a)." § 948.20, Fla. Stat. (2004) (emphasis added). Section 938

Jason D. Taylor v. State

227 So. 3d 1252, 2017 WL 3896926

District Court of Appeal of Florida | Filed: Sep 7, 2017 | Docket: 6153666

Cited 1 times | Published

Appellant on drug offender probation. 2 Section 948.20(1), Florida Statutes (2014), sets forth the

Romans v. State

221 So. 3d 647, 2017 WL 2350302, 2017 Fla. App. LEXIS 7822

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60268322

Cited 1 times | Published

controlled substances], or other nonviolent felony.” § 948.20(1), Fla. Stat. None of these conditions apply

Sutton v. State

128 So. 3d 957, 2013 WL 6925443, 2013 Fla. App. LEXIS 20509

District Court of Appeal of Florida | Filed: Dec 27, 2013 | Docket: 60237242

Cited 1 times | Published

enumerated offenses under section 948.20, Florida Statutes (2010). We disagree. Section 948.20 was amended in 2009

Jackson v. State

47 So. 3d 378, 2010 Fla. App. LEXIS 17187, 2010 WL 4536899

District Court of Appeal of Florida | Filed: Nov 12, 2010 | Docket: 2586877

Cited 1 times | Published

drug offender probation can be imposed under section 948.20, Florida Statutes (2007). Therefore, we grant

Morris v. State

26 So. 3d 660, 2010 Fla. App. LEXIS 530, 2010 WL 289201

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 1638726

Cited 1 times | Published

concur. NOTES [1] Effective July 1, 2009, section 948.20, Fla. Stat., the drug offender probation statute

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

See § 948.01(13), Fla. Stat. (2002) (currently § 948.20, Fla. Stat. (2004), permitting trial court to

Dale E. Folsom v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422848

Published

was illegal because it was not authorized by section 948.20, Florida Statutes (2021), for an offense as

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Supreme Court of Florida | Filed: Nov 22, 2023 | Docket: 68029139

Published

and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538863

Published

and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538863

Published

and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 16, 2022 | Docket: 63389130

Published

and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 16, 2022 | Docket: 63389130

Published

and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Mar 24, 2022 | Docket: 63183508

Published

and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place

STATE OF FLORIDA v. ROODY DHAITI

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677198

Published

defendant on drug offender probation, pursuant to section 948.20(1), Florida Statutes (2019), because the defendant

Orr v. State

206 So. 3d 120, 2016 Fla. App. LEXIS 17997

District Court of Appeal of Florida | Filed: Dec 7, 2016 | Docket: 4550696

Published

reverse and remand for further proceedings. Section 948.20(1), Florida Statutes (2014), provides when

Mister D. Paige v. State

196 So. 3d 574, 2016 WL 4069645

District Court of Appeal of Florida | Filed: Jul 29, 2016 | Docket: 4117373

Published

receive drug offender probation. See § 948.20 Fla. Stat. (2014); Green v. State,

Leland Inmon v. State

190 So. 3d 693, 2016 WL 2760018, 2016 Fla. App. LEXIS 7301

District Court of Appeal of Florida | Filed: May 13, 2016 | Docket: 3065885

Published

qualify him for sentencing pursuant to section 948.20, Florida Statutes (2013). We affirm the trial

Malik Green v. State of Florida

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991534

Published

receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse

Green v. State

178 So. 3d 467, 2015 Fla. App. LEXIS 15318, 2015 WL 6016832

District Court of Appeal of Florida | Filed: Oct 15, 2015 | Docket: 60251474

Published

receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse

In Re: Amendments to Florida Rule of Criminal Procedure 3.992 – Criminal Punishment Code Scoresheets

147 So. 3d 515, 2014 WL 4360978

Supreme Court of Florida | Filed: Sep 4, 2014 | Docket: 1167681

Published

and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the

McGrill v. State

82 So. 3d 130, 2012 Fla. App. LEXIS 1780, 2012 WL 385647

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60306090

Published

from obtaining an alternative sentence under section 948.20(1), Florida Statutes (2009), if his Criminal

Ross v. State

29 So. 3d 463, 2010 Fla. App. LEXIS 3368, 2010 WL 934062

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 385584

Published

*464 of an alternative sentence pursuant to section 948.20, Florida Statutes (2007),[1] authorizing the

Nelson v. State

17 So. 3d 911, 2009 Fla. App. LEXIS 14526, 2009 WL 3109919

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1442939

Published

alternative sentencing under Florida Statutes section 948.20 (drug offender probation) and sentenced appellant