The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

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F.S. 948.001

948.001 Definitions.—As used in this chapter, the term:

(1) “Administrative probation” means a form of no contact, nonreporting supervision. A court may order administrative probation, or the Department of Corrections may transfer an offender to administrative probation, as provided in s. 948.013.

(2) “Child care facility” has the same meaning as provided in s. 402.302.

(3) “Community control” means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.

(4) “Drug offender probation” means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing.

(5) “Mental health probation” means a form of specialized supervision that emphasizes mental health treatment and working with treatment providers to focus on underlying mental health disorders and compliance with a prescribed psychotropic medication regimen in accordance with individualized treatment plans. Mental health probation shall be supervised by officers with restricted caseloads who are sensitive to the unique needs of individuals with mental health disorders, and who will work in tandem with community mental health case managers assigned to the defendant. Caseloads of such officers should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing and supervision.

(6) “Park” has the same meaning as provided in s. 775.215.

(7) “Playground” has the same meaning as provided in s. 775.215.

(8) “Probation” means a form of community supervision requiring specified contacts with probation officers and other terms and conditions as provided in s. 948.03.

(9) “Qualified practitioner” means a social worker, mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490.

(10) “Risk assessment” means an assessment completed by a qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child.

(11) “Safety plan” means a written document prepared by the qualified practitioner, in collaboration with the sex offender, the child’s parent or legal guardian, and, when appropriate, the child which establishes clear roles and responsibilities for each individual involved in any contact between the child and the sex offender.

(12) “School” has the same meaning as provided in s. 775.215.

(13) “Sex offender probation” or “sex offender community control” means a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training. An officer who supervises an offender placed on sex offender probation or sex offender community control must meet as necessary with a treatment provider and polygraph examiner to develop and implement the supervision and treatment plan, if a treatment provider and polygraph examiner specially trained in the treatment and monitoring of sex offenders are reasonably available.

History.—s. 11, ch. 83-131; s. 13, ch. 91-225; s. 32, ch. 92-310; s. 3, ch. 93-59; s. 13, ch. 93-227; s. 80, ch. 95-211; s. 2, ch. 97-308; s. 1, ch. 2004-373; s. 3, ch. 2005-67; s. 8, ch. 2007-200; s. 9, ch. 2007-209; s. 17, ch. 2010-64; s. 11, ch. 2010-92; s. 9, ch. 2010-113; s. 14, ch. 2016-127; s. 30, ch. 2016-224; s. 1, ch. 2017-115; s. 59, ch. 2019-167.

F.S. 948.001 on Google Scholar

F.S. 948.001 on Casetext

Amendments to 948.001

Arrestable Offenses / Crimes under Fla. Stat. 948.001

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.001.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CADET, v. STATE, 274 So. 3d 1178 (Fla. App. Ct. 2019)

. . . See § 948.001, Fla. Stat (2008) ; State v. Nazario, 100 So. 3d 1246 (Fla. 4th DCA 2012). . . .

TURNER, v. STATE, 261 So. 3d 729 (Fla. App. Ct. 2018)

. . . See § 948.001(2), Fla. . . .

LOWE, v. STATE, 259 So. 3d 23 (Fla. 2018)

. . . simple look at the relevant statutes reveals that the definition of "community control" under section 948.001 . . .

LEVANDOSKI, v. STATE, 245 So. 3d 643 (Fla. 2018)

. . . . § 948.001(13), Fla. Stat. (2010). . . . Section 948.001(13), Florida Statutes (2010), defines "sex offender probation" as a form of intensive . . .

WOODS, v. STATE, 214 So. 3d 803 (Fla. Dist. Ct. App. 2017)

. . . See § 948.001(9), Fla. . . .

STAPLES, v. STATE, 202 So. 3d 28 (Fla. 2016)

. . . See §§ 948.30(1)(c), 948.001, Fla. Stat. (“Definitions”). . . .

DEMOTT, v. STATE, 194 So. 3d 335 (Fla. 2016)

. . . Section 948.001(8), Florida Statutes (2015), defines probation as “a form of community supervision requiring . . .

CALVIN, J. v. JEFFERSON COUNTY BOARD OF COMMISSIONERS,, 172 F. Supp. 3d 1292 (N.D. Fla. 2016)

. . . . § 948.001(3) (emphasis added). . . .

HARRELL, v. STATE, 162 So. 3d 1128 (Fla. Dist. Ct. App. 2015)

. . . See § 948.001(2), (5), Fla. Stat. (2000). . . .

FILMORE, v. STATE, 133 So. 3d 1188 (Fla. Dist. Ct. App. 2014)

. . . .” § 948.001(3), Fla. Stat. (2012); see also United States v. . . .

STATE v. NAZARIO,, 100 So. 3d 1246 (Fla. Dist. Ct. App. 2012)

. . . Section 948.001(1), Florida Statutes (2011), defines “administrative probation” as “a form of noncontact . . . order immediately placing the defendant on administrative probation effectively negated: (1) section 948.001 . . .

STATE v. COLEMAN,, 44 So. 3d 1198 (Fla. Dist. Ct. App. 2010)

. . . .” § 948.001(8), Fla. Stat. (2010). . . . treatment plan administered by an officer who has a restricted caseload and specialized training.” § 948.001 . . . for "administrative probation,” which does contemplate "nonre-porting'’ status for a probationer. § 948.001 . . . See §§ 948.001(1), (5), (10), Fla. Stat. (1997 & 1999); 948.01(15), Fla. Stat. . . .

UNITED STATES v. WRIGHT,, 607 F.3d 708 (11th Cir. 2010)

. . . . § 948.001(5). . . . Stat. § 948.001(2). . . .

BEALS, v. STATE, 14 So. 3d 286 (Fla. Dist. Ct. App. 2009)

. . . .” § 948.001(4), Fla. Stat. (2004) (emphasis added). . . .

STATE v. LUXENBURG,, 13 So. 3d 137 (Fla. Dist. Ct. App. 2009)

. . . Section 948.001(5) defines probation as “a form of community supervision requiring specified contacts . . .

TROTTER, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 535 F.3d 1286 (11th Cir. 2008)

. . . . § 948.001. . . .

KASISCHKE, v. STATE, 991 So. 2d 803 (Fla. 2008)

. . . prohibiting such offender from obtaining or using a post office box without prior approval; amending s. 948.001 . . .

ADAMS, v. STATE, 979 So. 2d 921 (Fla. 2008)

. . . .” § 948.001(10), Fla. Stat. (2007) (emphasis added); see also § 948.31, Fla. . . . Lawson, 969 So.2d at 232; see §§ 948.001(10), 948.30(1)(c), 948.31, Fla. Stat. (2007). . . .

A. PHILLIPS, v. STATE, 971 So. 2d 255 (Fla. Dist. Ct. App. 2008)

. . . See 948.001(1), Fla. Stat. (2004); State v. Giorgetti, 868 So.2d 512, 513-14 (Fla.2004). . . .

LAWSON, v. STATE, 969 So. 2d 222 (Fla. 2007)

. . . .” § 948.001(4), Fla. Stat. (2005). . . . accordance with individualized treatment plans administered by officers with restricted caseloads.” § 948.001 . . .

LAWSON, v. STATE, 941 So. 2d 485 (Fla. Dist. Ct. App. 2006)

. . . The contours of drug offender probation are defined by section 948.001(4), Florida Statutes (2005), as . . .

STATE v. E. CREGAN,, 908 So. 2d 387 (Fla. 2005)

. . . .” § 948.001(2), Fla. Stat. (2003). . . .

WOODSON, v. STATE, 889 So. 2d 823 (Fla. 2004)

. . . See § 948.001(7), Fla. Stat. (2004). . . .

WOODSON, v. STATE, 864 So. 2d 512 (Fla. Dist. Ct. App. 2004)

. . . Section 948.001(7), Florida Statutes (2000), provides, in pertinent part, that the emphasis of sex offender . . .

ELLIS, v. STATE, 816 So. 2d 759 (Fla. Dist. Ct. App. 2002)

. . . “Drug offender probation” is defined in 948.001(4) as “a form of intensive supervision which emphasizes . . .

HARRIS, v. STATE, 879 So. 2d 1223 (Fla. Dist. Ct. App. 2002)

. . . Section 948.001(5), Florida Statutes (1995), defines probation as “a form of community supervision requiring . . .

JONES, v. STATE, 813 So. 2d 22 (Fla. 2002)

. . . Section 948.001(6), Florida Statutes (Supp.1998), defines a "community residential drug punishment center . . .

STATE v. MEEKS,, 789 So. 2d 982 (Fla. 2001)

. . . .” § 948.001(2), Fla. Stat. (1995). . . .

JOHNSON, v. STATE, 765 So. 2d 914 (Fla. Dist. Ct. App. 2000)

. . . The court noted that subsection 948.001(1), Florida Statutes (1989), defined community control as: a . . .

ZACK, III, v. STATE, 753 So. 2d 9 (Fla. 2000)

. . . . § 948.001. A person under community control is in supervised custody; one on probation is not. . . .

STATE v. WILLIAMS,, 759 So. 2d 1 (Fla. Dist. Ct. App. 1998)

. . . Turning Point Bridge, is not a designated “community drug punishment center,” as defined by section 948.001 . . .

HARRIS, Jr. v. STATE, 698 So. 2d 343 (Fla. Dist. Ct. App. 1997)

. . . Section 948.001(1), Florida Statutes (1995) dealing with probation and community control does provide . . .

D. TORY, v. STATE, 686 So. 2d 689 (Fla. Dist. Ct. App. 1996)

. . . separate and distinct from probation and community control since it is defined separately in section 948.001 . . .

TROTTER, v. STATE, 690 So. 2d 1234 (Fla. 1996)

. . . See § 948.001, Fla. Stat. (1985). . . .

o MADRIGAL, v. STATE, 683 So. 2d 1093 (Fla. Dist. Ct. App. 1996)

. . . Additionally, as appellant points out, the definitional section of 948.001 provides: “ ‘Administrative . . . the Department of Corrections on nonre-porting status until expiration of the term of supervision.” § 948.001 . . . , the Department of Corrections may place the offender on administrative probation as defined in s. 948.001 . . .

DEAN, v. STATE, 669 So. 2d 1140 (Fla. Dist. Ct. App. 1996)

. . . Section 948.001(4), Florida Statutes (1995), which defines drug offender probation, emphasizes “individualized . . . We note that the Broward County form order of probation erroneously cites to "Chapter 948.001(3) F.S. . . . although this was the correct citation for drug offender probation in the 1991 Florida Statutes, see § 948.001 . . .

LIPPMAN, v. STATE, 633 So. 2d 1061 (Fla. 1994)

. . . .” § 948.001(2), Fla.Stat. (1987). See generally Larson v. . . .

BACON a k a a k a v. STATE, 620 So. 2d 1084 (Fla. Dist. Ct. App. 1993)

. . . Community control is defined in section 948.001(1), Florida Statutes (1989), as ... a form of intensive . . .

ALEXANDER, v. STATE, 602 So. 2d 697 (Fla. Dist. Ct. App. 1992)

. . . See § 948.001, Fla.Stat. (1987); § 948.03(2)(b), Fla.Stat. (1987); Yourn v. . . .

LIPPMAN, v. STATE, 595 So. 2d 190 (Fla. Dist. Ct. App. 1992)

. . . .” § 948.001(2), Fla. Stat. (1987). See generally Larson v. . . .

YOURN, v. STATE, 579 So. 2d 309 (Fla. Dist. Ct. App. 1991)

. . . See §§ 948.001, 948.-03(2)(b), Fla.Stat. (1987). . . .

TROTTER, v. STATE, 576 So. 2d 691 (Fla. 1990)

. . . Community control and probation are defined in section 948.001, Florida Statutes (1985): (1) “Community . . . is the noncustodial alternative, while community control is the nonprison custodial alternative. § 948.001 . . .

STATE v. YOUNG,, 561 So. 2d 583 (Fla. 1990)

. . . rule does not distinguish between the adult sanction known as community control, as defined in section 948.001 . . .

SWAIN, Jr. v. STATE, 553 So. 2d 1331 (Fla. Dist. Ct. App. 1989)

. . . Community control is defined in section 948.001(1), Florida Statutes (1987), as— a form of intensive, . . .

WALKER, v. STATE, 546 So. 2d 764 (Fla. Dist. Ct. App. 1989)

. . . .§ 948.001(1) Florida Statutes (1987). . . .

A. BUTLER, v. STATE, 543 So. 2d 432 (Fla. Dist. Ct. App. 1989)

. . . rule does not distinguish between the adult sanction known as community control, as defined in section 948.001 . . .

MITCHELL, v. STATE, 463 So. 2d 416 (Fla. Dist. Ct. App. 1985)

. . . Section 948.001(1), Florida Statutes (1983). . . .

DAVIS, v. STATE, 461 So. 2d 1003 (Fla. Dist. Ct. App. 1984)

. . . See section 948.001(2) (probation means a form of community supervision); section 948.03(2) (the court . . .

WILLIAMS, v. STATE, 464 So. 2d 1218 (Fla. Dist. Ct. App. 1984)

. . . The Act further defined the terms “community control” and “probation” and are set forth in Section 948.001 . . . SHIVERS and WENTWORTH, JJ., concur. . 948.001 Definitions. . . .

LOUZON, v. STATE, 460 So. 2d 551 (Fla. Dist. Ct. App. 1984)

. . . See §§ 948.10(1), 948.001(1), Florida Statutes (1983); Fla.R.Crim.P. 3.701d.l3 and committee note (d) . . .

W. STRANIGAN, v. STATE, 457 So. 2d 546 (Fla. Dist. Ct. App. 1984)

. . . Section 948.001, Florida Statutes (1983), defines community control and probation as follows: (1) “Community . . .