Florida Statute 948.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

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F.S. 948.30

948.30 Additional terms and conditions of probation or community control for certain sex offenses.—Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section.

(1) Effective for probationers or community controllees whose crime was committed on or after October 1, 1995, and who are placed under supervision for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose crime was committed on or after July 1, 2021, and who are placed under supervision for a violation of s. 787.06(3)(b), (d), (f), or (g), or whose crime was committed on or after July 1, 2023, and who are placed under supervision for attempting, soliciting, or conspiring to commit a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794; s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145, the court must impose the following conditions in addition to all other standard and special conditions imposed:

(a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender’s employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions.

(b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, child care facility, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offender’s place of residence to the nearest boundary line of the school, child care facility, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. A probationer or community controllee who is subject to this paragraph may not be forced to relocate and does not violate his or her probation or community control if he or she is living in a residence that meets the requirements of this paragraph and a school, child care facility, park, playground, or other place where children regularly congregate is subsequently established within 1,000 feet of his or her residence.

(c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer’s or community controllee’s own expense. If a qualified practitioner is not available within a 50-mile radius of the probationer’s or community controllee’s residence, the offender shall participate in other appropriate therapy.

(d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, a qualified practitioner in the sexual offender treatment program, and the sentencing court.

(e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the court must review and consider the following:

1. A risk assessment completed by a qualified practitioner. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components:

a. The sex offender’s current legal status;

b. The sex offender’s history of adult charges with apparent sexual motivation;

c. The sex offender’s history of adult charges without apparent sexual motivation;

d. The sex offender’s history of juvenile charges, whenever available;

e. The sex offender’s offender treatment history, including consultations with the sex offender’s treating, or most recent treating, therapist;

f. The sex offender’s current mental status;

g. The sex offender’s mental health and substance abuse treatment history as provided by the Department of Corrections;

h. The sex offender’s personal, social, educational, and work history;

i. The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner;

j. A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement;

k. The child’s preference and relative comfort level with the proposed contact, when age appropriate;

l. The parent’s or legal guardian’s preference regarding the proposed contact; and

m. The qualified practitioner’s opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child.

The written report of the assessment must be given to the court;

2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved;

3. A written consent signed by the child’s parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offender’s present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact;

4. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child’s parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and

5. Evidence that the child’s parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender.

The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section.

(f) If the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, child care facilities, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls.

(g) Unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender’s deviant behavior pattern.

(h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until a qualified practitioner in the offender’s sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender’s accessing or using the Internet or other computer services.

(i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank.

(j) A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care.

(k) Submission to a warrantless search by the community control or probation officer of the probationer’s or community controllee’s person, residence, or vehicle.

(2) Effective for a probationer or community controllee whose crime was committed on or after October 1, 1997, and who is placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose crime was committed on or after July 1, 2021, and who is placed on community control or sex offender probation for a violation of s. 787.06(3)(b), (d), (f), or (g), or whose crime was committed on or after July 1, 2023, and who is placed on community control or sex offender probation for attempting, soliciting, or conspiring to commit a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794; s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control:

(a) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender’s denial mechanisms. A polygraph examination must be conducted by a polygrapher who is a member of a national or state polygraph association and who is certified as a postconviction sex offender polygrapher, where available, and shall be paid for by the probationer or community controllee. The results of the polygraph examination shall be provided to the probationer’s or community controllee’s probation officer and qualified practitioner and shall not be used as evidence in court to prove that a violation of community supervision has occurred.

(b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer.

(d) If there was sexual contact, a submission to, at the probationer’s or community controllee’s expense, an HIV test with the results to be released to the victim or the victim’s parent or guardian.

(e) Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections.

(3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who:

(a) Is placed on probation or community control for a violation of chapter 794; s. 800.04(4), (5), or (6); s. 827.071; or s. 847.0145, or is placed on probation or community control on or after July 1, 2023, for attempting, soliciting, or conspiring to commit a violation of chapter 794; s. 800.04(4), (5), or (6); s. 827.071; or s. 847.0145, and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older;

(b) Is designated a sexual predator pursuant to s. 775.21; or

(c) Has previously been convicted of a violation of chapter 794; s. 800.04(4), (5), or (6); s. 827.071; or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older,

the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision.

(4) In addition to all other conditions imposed, for a probationer or community controllee who is subject to supervision for a crime that was committed on or after May 26, 2010, and who has been convicted at any time of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a similar offense in another jurisdiction, against a victim who was under the age of 18 at the time of the offense; if the offender has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection, if a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction proceeding, or if the offender has not been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354, the court must impose the following conditions:

(a) A prohibition on visiting schools, child care facilities, parks, and playgrounds, without prior approval from the offender’s supervising officer. The court may also designate additional locations to protect a victim. The prohibition ordered under this paragraph does not prohibit the offender from visiting a school, child care facility, park, or playground for the sole purpose of attending a religious service as defined in s. 775.0861 or picking up or dropping off the offender’s children or grandchildren at a child care facility or school.

(b) A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on or preceding Easter; entertaining at children’s parties; or wearing a clown costume; without prior approval from the court.

(5) Effective for a probationer or community controllee whose crime was committed on or after October 1, 2014, and who is placed on probation or community control for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose crime was committed on or after July 1, 2023, and who is placed on probation or community control for attempting, soliciting, or conspiring to commit a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to all other conditions imposed, the court must impose a condition prohibiting the probationer or community controllee from viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program. Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs, and computer services.

History.—s. 59, ch. 95-283; s. 6, ch. 96-409; s. 3, ch. 97-308; s. 14, ch. 98-81; s. 13, ch. 99-201; s. 3, ch. 2000-246; s. 1, ch. 2003-18; s. 1, ch. 2003-63; s. 18, ch. 2004-373; s. 151, ch. 2005-2; s. 20, ch. 2005-28; s. 4, ch. 2005-67; s. 31, ch. 2008-172; ss. 12, 18, ch. 2010-92; s. 15, ch. 2014-4; s. 60, ch. 2016-24; s. 13, ch. 2016-104; s. 4, ch. 2021-189; s. 4, ch. 2023-146.

Note.—Former s. 948.03(5).

F.S. 948.30 on Google Scholar

F.S. 948.30 on Casetext

Amendments to 948.30

Arrestable Offenses / Crimes under Fla. Stat. 948.30

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.30.

Annotations, Discussions, Cases:

Cases Citing Statute 948.30

Total Results: 20

ROBERT TROTTMAN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-08T00:53:00-07:00

Snippet: the sexual battery occurred in 1991 and section 948.30, Florida Statutes, the statute which sets forth

ROBERT A. MALDONADO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-21T00:53:00-07:00

Snippet: electronic monitoring under the 2006 version of section 948.30(2)(e), Florida Statutes (effective Jan. 1, 2006…Compare § 948.03(5)(b)5., Fla. Stat. (1999), with § 948.30(2)(e), Fla. Stat. (effective Jan. 1, 2006). …child, a GPS monitor was required under section 948.30(3)(a), Florida Statutes (effective Jan. 1, 2006…recommendation of the Department of Corrections.” § 948.30(2)(e), Fla. Stat.; see also Blue v. State, 73 So…monitoring as a condition of the probation. . . .” § 948.30(3)(a), Fla. Stat. Maldonado’s underlying crimes

QUINTON DEWAYNE ALFORD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-24T00:53:00-07:00

Snippet: Special condition 27 is authorized by section 948.30(1)(h), Florida Statutes (2016), except that the… 1Alford filed a motion to declare section 948.30(1), Florida Statutes (2016), unconstitutional,

ANDREW QUIJANO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-08T00:53:00-07:00

Snippet: background is helpful to understand why. Section 948.30, Florida Statutes, has long required that a trial…statutorily required treatment plan. See, e.g., § 948.30(1)(g), Fla. Stat. (2013). Prior to 2014, the sole…See ch. 2014-4, § 15, Laws of Fla.; see also § 948.30(5), Fla. Stat. (2014). Thus, an individual …possession of any pornographic material. See § 948.30(5). The 2014 amendment did not, however, eliminate…to the defendant's deviant behavior. See § 948.30(1)(g). The offenses underlying Mr

STATE OF FLORIDA v. CHRISTOPHER WALK

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-20T00:53:00-07:00

Snippet: Because the trial court failed to comply with section 948.30(e), Florida Statutes, it lacked the authority to…contact with a child under the age of eighteen. See § 948.30(1)(e), Fla. Stat. (2015) (for probationers who …2d 270, 272–73 (Fla. 5th DCA 2007). Section 948.30(1)(e) provides: (e) If the victim was under…court to either comply with the dictates of section 948.30 or reinstate the condition. GROSS and MAY, JJ.

Sam Casseus v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-03T23:53:00-08:00

Snippet: facts are straightforward and undisputed. Section 948.30, Florida Statutes (2014), sets forth a list of …oral pronouncement at the time of sentencing. § 948.30, Fla. Stat. Relevant to this case, the trial court…electronic monitoring as a condition of probation. § 948.30(3), Fla. Stat. The parties agree that Casseus was… monitoring as a condition of probation under § 948.30 is not punishment and, therefore, Casseus is not

Jonathan Taplin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-27T00:53:00-07:00

Snippet: electronic monitoring was mandatory pursuant to section 948.30(3)(c), Florida Statutes (2017), which reads: …Laws of Fla. A plain reading of section 948.30 compels us to conclude that the age restriction…older”—applies to all the crimes listed in section 948.30(3)(c), not just section 847.0145 as the trial court… 797, 797–98 (Fla. 3d DCA 2007) (“Under section 948.30, Florida Statutes (2006), the trial court is required…monitoring could later be applied under section 948.30(2)(e), Florida Statutes, but only when deemed necessary

CARLOS MANUEL MARTINEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: probation pursuant to section 948.30, Florida Statutes (2011). Section 948.30 requires the trial court to…offenses in this case are not enumerated in section 948.30 and the conditions are therefore permissive, rather

DAVID JOHN JONES v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-13T00:53:00-07:00

Snippet: offender probation is mandatory under section 948.30(1), Florida Statutes (2012). Special conditions…an offense that is not enumerated under section 948.30(1), the component conditions of sex offender probation…imposing a condition found exclusively within section 948.30. Id. at S259-260. In our case, Jones

Michael Levandoski v. State of Florida

Court: Fla. | Date Filed: 2018-06-07T00:00:00-07:00

Citation: 245 So. 3d 643

Snippet: section 948.30 apply to violations of section 847.0135(3) and (4). Additionally, section 948.30(4) applies…section 948.30, would have no reason to believe that the conditions listed within section 948.30 actually…requirements of section 948.30, some of which may not even apply to him. See, e.g. , § 948.30(2)(d), Fla. Stat…offender probation" does not reference section 948.30 : "Sex offender probation" or "sex…required to follow the conditions within section 948.30. Second, there is no statute titled "Sex offender

SAMEH SALIB SOLIMAN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-13T23:53:00-08:00

Snippet: were statutorily mandatory for count three. See § 948.30, Fla. Stat. (2013). On September

Gary D. Nero v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-05T00:00:00-07:00

Citation: 216 So. 3d 780, 2017 WL 1788016, 2017 Fla. App. LEXIS 6366

Snippet: any of the enumerated felonies listed in section 948.30, Florida Statutes (2012). The postconviction

Levandoski v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-19T00:00:00-07:00

Citation: 217 So. 3d 215, 2017 WL 1401463, 2017 Fla. App. LEXIS 5363

Snippet: had been imposed mandatorily pursuant to section 948.30” in a situation where they were not mandatory. …pursuant to statute in certain instances. See § 948.30, Fla. Stat. (2010). However, sex offender probation

Warren Staples v. State of Florida

Court: Fla. | Date Filed: 2016-10-06T00:00:00-07:00

Citation: 202 So. 3d 28, 41 Fla. L. Weekly Supp. 422, 2016 Fla. LEXIS 2244

Snippet: I dissent. Sex offender probation under section 948.30(l)(c), Florida Statutes (2011), requires “[ajctive

Victor Villanueva v. State of Florida

Court: Fla. | Date Filed: 2016-07-07T00:53:00-07:00

Snippet: probation and section 948.30 imposes sex offender therapy as a standard condition. See § 948.30, Fla. Stat. (…section 948.30(1) as a condition to probation only to the enumerated felonies of section 948.30(1), which…section 948.30 is inherently ambiguous. The Third District correctly noted that section 948.30 does…sex offender therapy imposed pursuant to section 948.30(1)(c), Florida Statutes (2008). Id. at 1000 n.1…” Id. at 1003. The court explained that section 948.30 “contains no language that prohibits these conditions

Victor Villanueva v. State of Florida

Court: Fla. | Date Filed: 2016-07-07T00:00:00-07:00

Citation: 200 So. 3d 47, 41 Fla. L. Weekly Supp. 319, 2016 Fla. LEXIS 1428

Snippet: section 948.30(1) as a condition to probation only to the enumerated felonies • of section 948.30(1), which…probation of “sex offender treatment” under section 948.30(1), Florida Statutes (2008), when the defendant… defendant of a sex offense outlined in section 948.30(1), the trial court did not have the authority …the probationary conditions set forth in section 948.30(1) for an offense that is not enumerated in-the… that the probationary conditions under section 948,30(1) can be imposed only if the defendant is convicted

Senger v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-27T00:00:00-07:00

Citation: 200 So. 3d 137, 2016 Fla. App. LEXIS 8060, 2016 WL 3030829

Snippet: “Special Conditions for Sex Offenders per E.S. 948.30” in which he agreed to specific conditions of sex…imposition of sex offender probation pursuant to section 948.30, Florida Statutes, is improper because his conviction… not one of the enumerated crimes under section 948.30. In Arias v. State, 65 So.3d 104, 105 (Fla. 5th…offender conditions of probation pursuant to section 948.30 because the crime committed by Mr. Arias was not

Ramon D. Senger v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-23T00:53:00-07:00

Snippet: “Special Conditions for Sex Offenders per F.S. 948.30” in which he agreed to specific conditions of sex… of sex offender probation pursuant to section 948.30, Florida Statutes, is improper because his conviction…not one of the enumerated crimes under section 948.30. In Arias v. State, 65 So. 3d 104, 105 (Fla. 5th…offender conditions of probation pursuant to section 948.30 because the crime committed by Mr. Arias was not

Brandon Stapler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 190 So. 3d 162, 2016 WL 1385927, 2016 Fla. App. LEXIS 5425

Snippet: with all the standard conditions” under section 948.30, Florida Statutes (2012).. The trial court apparently…standard sex-offender conditions under section ⅛ 948.30(1). The trial court then reimposed several of the…conditions, even for crimes not listed in section 948.30(1), when the conditions are reasonably related

Dorsey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-04T00:00:00-07:00

Citation: 169 So. 3d 1286, 2015 Fla. App. LEXIS 11654, 2015 WL 4622738

Snippet: service was not an enumerated offense under section 948.30, Florida Statutes (2012). The trial court granted