Florida Statutes

Fla. Stat. § 948.20 (2025)

Drug offender probation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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).

Notes of Decisions

Cited in 28 cases (2 in the last 5 years), 2004–2024 · leading case: Lawson v. State, 969 So. 2d 222 (Fla. 2007).

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Lawson v. State, 969 So. 2d 222 (Fla. 2007). · cites it 8× “" Within this chapter, the Legislature created a specific scheme to address defendants who are "chronic substance abusers," by authorizing trial courts to "stay and withhold the imposition of sentence and place the defendant on drug offender probation.”

Nelson v. State, 16 So. 3d 286 (Fla. 4th DCA 2009). · cites it 14× “*288 § 948.20, Fla. Stat (2008). 1 The defendant expressed that, if the circuit court denied the motion, the defendant would reserve the right to appeal that denial.”

McGrill v. State, 82 So. 3d 130 (Fla. 2d DCA 2012). · cites it 17× “§ 948.20, Fla. Stat. (2004). The statute was amended so courts could, at their discretion, place certain non-violent felony offenders into post-adjudicatory treatment-based drug court programs.”

Terry P. Powell v. State, 223 So. 3d 412 (Fla. 5th DCA 2017). · cites it 4× “He raises two issues on appeal: first, that the trial court improperly imposed drug offender probation on Count III, as there was insufficient evidence that Powell qualified as a “chronic substance abuser” under section 948.20, Florida Statutes (2015); and second, that his…”

State v. Roper, 915 So. 2d 622 (Fla. 5th DCA 2005). · cites it 6× “This appeal causes us to examine section 948.20, Florida Statutes (2004), concerning the imposition by the trial court of a placement for drug offender probation for crimes involving the delivery of a controlled substance and possession of a controlled substance with intent to…”

Horne v. State, 6 So. 3d 99 (Fla. 2d DCA 2009). · cites it 5× “See § 948.20, Fla. Stat. (2005). In denying the claim, the postconviction court relied upon section 948.”

Beals v. State, 14 So. 3d 286 (Fla. 4th DCA 2009). · cites it 4× “” § 948.20, Fla. Stat. (2004) (emphasis added).”

Lawson v. State, 941 So. 2d 485 (Fla. 5th DCA 2006). · cites it 2× “See § 948.20(1), Fla. Stat. (2005) ("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…”

Cole v. State, 932 So. 2d 1123 (Fla. 4th DCA 2006). · cites it 2× “Additionally, Florida Statutes section 948.20, formerly Florida Statutes section 948.”

Sutton v. State, 128 So. 3d 957 (Fla. 2d DCA 2013). · cites it 4× “Sutton also argues that the trial court erred in placing him on drug offender probation because burglary and grand theft are not among the enumerated offenses under section 948.20, Florida Statutes (2010). We disagree.”

Jason D. Taylor v. State, 227 So. 3d 1252 (Fla. 5th DCA 2017). · cites it 4× “See § 948.20(1), Fla. Stat. (2014). Appellant scored 181 sentencing points on his scoresheet and was therefore ineligible to receive drug offender probation.”

State v. Crews, 884 So. 2d 1139 (Fla. 2d DCA 2004). · cites it 2× “(2002) (currently § 948.20, Fla. Stat. (2004), permitting trial court to "stay and withhold the imposition of sentence" of a chronic substance abuser who violates section 893.”

Show all 28 citing cases →

— 948.20(1) — 12 cases

Lawson v. State, 969 So. 2d 222 (Fla. 2007). “" Within this chapter, the Legislature created a specific scheme to address defendants who are "chronic substance abusers," by authorizing trial courts to "stay and withhold the imposition of sentence and place the defendant on drug offender probation.”

McGrill v. State, 82 So. 3d 130 (Fla. 2d DCA 2012). “§ 948.20, Fla. Stat. (2004). The statute was amended so courts could, at their discretion, place certain non-violent felony offenders into post-adjudicatory treatment-based drug court programs.”

Terry P. Powell v. State, 223 So. 3d 412 (Fla. 5th DCA 2017). “He raises two issues on appeal: first, that the trial court improperly imposed drug offender probation on Count III, as there was insufficient evidence that Powell qualified as a “chronic substance abuser” under section 948.20, Florida Statutes (2015); and second, that his…”

Lawson v. State, 941 So. 2d 485 (Fla. 5th DCA 2006). “See § 948.20(1), Fla. Stat. (2005) ("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…”

Jason D. Taylor v. State, 227 So. 3d 1252 (Fla. 5th DCA 2017). “See § 948.20(1), Fla. Stat. (2014). Appellant scored 181 sentencing points on his scoresheet and was therefore ineligible to receive drug offender probation.”

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