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F.S. 948.012 on Google Scholar

F.S. 948.012 on Casetext

Amendments to 948.012


The 2022 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
F.S. 948.012 Florida Statutes and Case Law
948.012 Split sentence of probation or community control and imprisonment.
(1) If punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence which may include a term of years or less. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court. Except as provided in s. 944.4731(2)(b) and subsection (6), the period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances.
(2) The court may also impose a split sentence whereby the defendant is sentenced to a term of probation which may be followed by a period of incarceration or, with respect to a felony, into community control, as follows:
(a) If the offender meets the terms and conditions of probation or community control, any term of incarceration may be modified by court order to eliminate the term of incarceration.
(b) If the offender does not meet the terms and conditions of probation or community control, the court may revoke, modify, or continue the probation or community control as provided in s. 948.06. If the probation or community control is revoked, the court may impose any sentence that it could have imposed at the time the offender was placed on probation or community control. The court may not provide credit for time served for any portion of a probation or community control term toward a subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses pending before the court for sentencing, would exceed the maximum penalty allowable as provided in s. 775.082. Such term of incarceration shall be served under applicable law or county ordinance governing service of sentences in state or county jurisdiction. This paragraph does not prohibit any other sanction provided by law.
(3) The court may also impose split probation whereby, upon satisfactory completion of half the term of probation, the Department of Corrections may place the offender on administrative probation for the remainder of the term of supervision.
(4) Effective for offenses committed on or after September 1, 2005, the court must impose a split sentence pursuant to subsection (1) for any person who is convicted of a life felony for lewd and lascivious molestation pursuant to s. 800.04(5)(b) if the court imposes a term of years in accordance with s. 775.082(3)(a)4.a.(II) rather than life imprisonment. The probation or community control portion of the split sentence imposed by the court for a defendant must extend for the duration of the defendant’s natural life and include a condition that he or she be electronically monitored.
(5)(a) Effective for offenses committed on or after October 1, 2014, if the court imposes a term of years in accordance with s. 775.082 which is less than the maximum sentence for the offense, the court must impose a split sentence pursuant to subsection (1) for any person who is convicted of a violation of:
1. Section 782.04(1)(a)2.c.;
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Section 794.011, excluding s. 794.011(10);
5. Section 800.04;
6. Section 825.1025; or
7. Section 847.0135(5).
(b) The probation or community control portion of the split sentence imposed by the court must extend for at least 2 years. However, if the term of years imposed by the court extends to within 2 years of the maximum sentence for the offense, the probation or community control portion of the split sentence must extend for the remainder of the maximum sentence.
(6) If a defendant who has been sentenced to a split sentence pursuant to subsection (1) is transferred to the custody of the Department of Children and Families pursuant to part V of chapter 394, the period of probation or community control is tolled until such person is no longer in the custody of the Department of Children and Families. This subsection applies to all sentences of probation or community control which begin on or after October 1, 2014, regardless of the date of the underlying offense.
History.s. 1, ch. 67-204; s. 12, ch. 74-112; s. 13, ch. 83-131; s. 14, ch. 85-288; s. 14, ch. 91-225; s. 1, ch. 91-280; s. 21, ch. 97-78; s. 121, ch. 99-3; ss. 4, 8, 9, ch. 2004-373; s. 14, ch. 2005-28; s. 115, ch. 2006-1; s. 6, ch. 2007-2; s. 2, ch. 2008-182; s. 14, ch. 2014-4; s. 22, ch. 2016-127; s. 3, ch. 2017-115; s. 135, ch. 2019-167.
Note.Former s. 948.01(6), (11), (12).

Statutes updated from Official Statutes on: August 29, 2022
F.S. 948.012 on Google Scholar

F.S. 948.012 on Casetext

Amendments to 948.012


Arrestable Offenses / Crimes under Fla. Stat. 948.012
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.012.


Civil Citations / Citable Offenses under S948.012
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 948.012.


Annotations, Discussions, Cases:

  1. The current version of section 948.012(1) contains minor amendments from the 2010 version, none of which are material to this case. See § 948.012, Fla. Stat. (2019) ("
    PAGE 245
  2. Fowler v. State

    225 So. 3d 1005 (Fla. Dist. Ct. App. 2017)
    We begin our analysis with the general proposition that a probationary period "is not a ‘sentence.’ " State v. Summers, 642 So.2d 742, 744 (Fla. 1994) (citing Villery v. Fla. Parole & Prob. Comm'n, 396 So.2d 1107 (Fla. 1980) )); see also Landeverde v. State, 769 So.2d 457, 462 (Fla. 4th DCA 2000). Furthermore, under the terms of section 948.01(2), Florida Statutes (2014), the trial court, "in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt. In either case, the court shall stay and withhold the imposition of sentence upon the defendant and shall place a felony defendant upon probation." The trial court also has the option provided in Section 948.012, Florida Statutes (2014), to impose a split sentence of probation or community control and imprisonment. As authorized by the legislature in section 948.012 :
    PAGE 1006
  3. Brown v. State

    264 So. 3d 1097 (Fla. Dist. Ct. App. 2019)   Cited 1 times
    The conclusion that probation starts as soon as a defendant is released to a civil commitment is further supported by section 948.012(6), Florida Statutes. In 2014, the subsection was amended to indicate probation or supervision was to be tolled while a defendant was civilly committed. That section is effective for defendants whose "sentences of probation or community control begin[s] on or after October 1, 2014." § 947-012(6), Fla. Stat. (2014). Here, Brown began his probation in 2009. Thus, prior to 2014, defendants were on probation as soon as they were released to civil commitment under the jurisdiction of the Department of Children and Families. Accordingly, the trial court had jurisdiction to revoke his probation.
    PAGE 1099
  4. Peters v. State

    310 So. 3d 1133 (Fla. Dist. Ct. App. 2021)
    In 1994, Mr. Peters entered pleas to three crimes he committed in 1993. The trial court sentenced Mr. Peters as an habitual felony offender to concurrent terms of thirty years' imprisonment. The last ten years of each term was suspended upon Mr. Peters' successful completion of ten years' probation. Due to earned gain time, the Department of Corrections (DOC) released Mr. Peters to conditional release in 2007. See § 947.1405(2)(a), Fla. Stat. (2007). Mr. Peters' terms of probation commenced upon release and ran simultaneously with his conditional release. § 948.012(1), Fla. Stat. (2007) ("The period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances."). Mr. Peters violated his probation. In 2012, the trial court sentenced him to concurrent terms of eight years' imprisonment.
    PAGE 1134
  5. Barber v. State

    207 So. 3d 379 (Fla. Dist. Ct. App. 2016)   Cited 14 times
    Barber contends that noncompliance with the written findings requirement necessitates vacating his prison sentence and reinstatement of his probation. The State argues that the lack of written findings is inconsequential and of no importance because the sentence imposed is a legal sentence with or without a finding of dangerousness. Therefore, the State argues, nothing further needs to be done, remand to the trial court is not necessary, and affirmance of the designation and sentence is appropriate. This argument is founded on the provision of the statute that states if the court decides to revoke probation, it "may impose any sentence that it could have imposed at the time the offender was placed on probation or community control." § 948.012( 2)(b), Fla. Stat. (2015). The trial court found that Barber was in violation of non-monetary conditions of his probation, revoked his probation, and imposed a guidelines sentence of imprisonment. The sentence imposed would be a proper sentence if Barber was found to be a danger to the community because he received a guidelines prison sentence and he was not placed back on probation. Barber's sentence would also be proper if he was…
    PAGE 384
  6. State v. Robinson

    138 So. 3d 1225 (Fla. Dist. Ct. App. 2014)   Cited 1 times
    “Whenever punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court, in its discretion, may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence which may include a term of years or less. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court.” § 948.012(1), Fla. Stat. (2011). See also Helton v. State, 106 So.2d 79, 80 (Fla.1958) (holding that “the power to suspend the imposition of sentence upon a convicted criminal can be exercised by a trial judge only as an incident to probation under the provisions of Ch. 948”); State v. Galazz, 2 So.3d 1083, 1084 (Fla. 3d DCA 2009).
    PAGE 1226
  7. Kerr v. State

    182 So. 3d 673 (Fla. Dist. Ct. App. 2015)
    Lewd or lascivious molestation on a child less than 12 years of age is a life felony, punishable as provided in section 775.082(3)(a)4., Florida Statutes (2006). This section permits sentences of either “[a] term of imprisonment for life” or “[a] split sentence that is a term of at least 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person's natural life, as provided in s. 948.012(4).” § 775.082(3)(a)4., Fla. Stat. Although the trial court had discretion to sentence Appellant to life, it could not also impose the 25–year minimum mandatory. See Hernandez v. State, 162 So.3d 130, 131 (Fla. 4th DCA 2014) (“Instead of imposing one of the permissible sentences under the statute, the trial court imposed both. This was error.”). Therefore, we reverse and remand to correct the sentence, affirming Appellant's judgment and sentence in all other respects.
  8. Montgomery v. State

    36 So. 3d 188 (Fla. Dist. Ct. App. 2010)   Cited 2 times
    (II) A split sentence that is a term of not less than 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person's natural life, as provided in s. 948.012(4).
  9. Hollingsworth v. State

    293 So. 3d 1049 (Fla. Dist. Ct. App. 2020)   Cited 2 times
    When a defendant is convicted of a criminal offense, either as a result of a plea or jury verdict, the Criminal Punishment Code, section 921.001, Florida Statutes (2018), et seq., governs the sentence. However, a trial court may place a defendant on probation if the defendant is deemed unlikely to reoffend, see section 948.01(2), Florida Statutes (2018), or the trial court may provide for a split sentence of incarceration followed by probation. § 948.012(1), Fla. Stat. (2018). In such event, the court will "stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation[.]"
    PAGE 1052
  10. Davenport v. State

    316 So. 3d 432 (Fla. Dist. Ct. App. 2021)
    b. A split sentence that is a term of not less than 25 years imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person's natural life, as provided in s. 948.012(4).
    PAGE 433