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Florida Statute 948.04 | Lawyer Caselaw & Research
F.S. 948.04 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
F.S. 948.04
948.04 Period of probation; duty of probationer; early termination; conversion of term.
(1) Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No defendant placed on probation pursuant to s. 948.012(1) is subject to the probation limitations of this subsection. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control.
(2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.
(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.
(4) Except as provided in subsection (5), for defendants sentenced to probation on or after October 1, 2019, the court, upon motion by the probationer or the probation officer, shall either early terminate the probationer’s supervision or convert the supervisory term to administrative probation if all of the following requirements are met:
(a) The probationer has completed at least half of the term of probation to which he or she was sentenced.
(b) The probationer has successfully completed all other conditions of probation.
(c) The court has not found the probationer in violation of probation pursuant to a filed affidavit of violation of probation at any point during the current supervisory term.
(d) The parties did not specifically exclude the possibility of early termination or conversion to administrative probation as part of a negotiated sentence.
(e) The probationer does not qualify as a violent felony offender of special concern under s. 948.06(8)(b).
(5) Upon making written findings that continued reporting probation is necessary to protect the community or the interests of justice, the court may decline to early terminate the probationary term or convert the term to administrative probation for a probationer who is otherwise eligible under subsection (4).
(6) Subsections (4) and (5) do not apply to an offender on community control. If an offender on community control is subsequently placed on probation, he or she must complete half of the probationary term to which he or she was sentenced, without receiving credit for time served on community control, before being eligible for mandatory early termination or conversion to administrative probation under this section.
History.s. 24, ch. 20519, 1941; s. 5, ch. 21775, 1943; s. 10, ch. 74-112; s. 1, ch. 79-77; s. 18, ch. 83-131; s. 3, ch. 83-228; s. 5, ch. 91-280; s. 1, ch. 92-76; s. 5, ch. 93-59; s. 1686, ch. 97-102; s. 31, ch. 2004-373; s. 12, ch. 2010-113; s. 61, ch. 2019-167.

F.S. 948.04 on Google Scholar

F.S. 948.04 on Casetext

Amendments to 948.04


Arrestable Offenses / Crimes under Fla. Stat. 948.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HENNIG, v. G. PRUMMELL, Jr. Of, 198 So. 3d 17 (Fla. Dist. Ct. App. 2015)

. . . Section 948.04(2), states: “Upon the termination of the period of probation, the probationer shall be . . .

IBARRA, v. H. HOLDER, Jr., 736 F.3d 903 (10th Cir. 2013)

. . . . §§ 948.21, 948.03(4), 948.04(2), 948.20 (West, Westlaw through 1996 legislation). . . .

IBARRA, v. H. HOLDER, Jr., 721 F.3d 1157 (10th Cir. 2013)

. . . . §§ 948.21, 948.03(4), 948.04(2), 948.20 (West, Westlaw through 1996 legislation). . . .

STATE v. LaFAVE,, 113 So. 3d 31 (Fla. Dist. Ct. App. 2012)

. . . Department of Corrections (DOC) of its authority to recommend early termination pursuant to section 948.04 . . . LaFave argues that sections 948.04(3) and 948.05 specifically preclude “no early termination” provisions . . . demonstrates that the State’s inclusion of the “no early termination” provision did not violate sections 948.04 . . . unconstitutional because it did not divest DOC of its ability to recommend early termination pursuant to section 948.04 . . .

T. WRIGHT, v. STATE, 47 So. 3d 972 (Fla. Dist. Ct. App. 2010)

. . . .” § 948.04(2), Fla. Stat. (2009); see also Carroll v. . . .

GONZALEZ- RAMOS, v. STATE, 46 So. 3d 67 (Fla. Dist. Ct. App. 2010)

. . . .”); see also § 948.04(2), Fla. . . . State, 954 So.2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla. Stat. (2001); State v. . . .

F. SANDERS, v. STATE, 35 So. 3d 864 (Fla. 2010)

. . . See § 948.04(2), Fla. . . .

VIDAURRE, v. STATE, 8 So. 3d 1206 (Fla. Dist. Ct. App. 2009)

. . . State, 954 So.2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla. Stat. (2001); State v. . . .

MURPHY, v. STATE, 976 So. 2d 1242 (Fla. Dist. Ct. App. 2008)

. . . See § 948.04(3), Fla. Stat. (2005); Swedish v. . . .

JONES, v. STATE, 954 So. 2d 675 (Fla. Dist. Ct. App. 2007)

. . . .” § 948.04(2), Fla. Stat. (2005); State v. Hall, 641 So.2d 403, 404 (Fla.1994). . . .

RIVERA, v. STATE, 939 So. 2d 116 (Fla. Dist. Ct. App. 2006)

. . . Cochran, 140 So.2d 300, 301 (Fla.1962)); see also § 948.04(2), Fla. . . .

CRAIN, v. STATE, 914 So. 2d 1015 (Fla. Dist. Ct. App. 2005)

. . . Section 948.04(2), Florida Statutes (2005), provides that a probationer is entitled to be released from . . .

THERRIEN, v. STATE, 914 So. 2d 942 (Fla. 2005)

. . . Section 948.04(3), Florida Statutes (2004), authorizes early termination of probation if the offender . . .

HEPBURN, v. STATE, 780 So. 2d 326 (Fla. Dist. Ct. App. 2001)

. . . See §§ 948.04-.05, Fla. Stat. (1993); see generally Arriaga v. . . .

HEBB, v. STATE, 714 So. 2d 639 (Fla. Dist. Ct. App. 1998)

. . . Section 948.04(2), Fla. . . .

KRUG, v. STATE, 689 So. 2d 391 (Fla. Dist. Ct. App. 1997)

. . . conducting a thorough evidentiary hearing, the trial court concluded that under the provisions of Section 948.04 . . .

ARRIAGA, v. STATE, 666 So. 2d 949 (Fla. Dist. Ct. App. 1996)

. . . S. 948.04(3), Fla.Stat. (1991). . . . probationer; nor may the trial judge deprive the Department of Corrections of its authority under § 948.04 . . .

JONES, IV, v. STATE, 666 So. 2d 191 (Fla. Dist. Ct. App. 1995)

. . . . § 948.04(3), Fla.Stat. (1998). This is impermissible, and, as stated in Baker v. . . .

STATE v. HALL,, 641 So. 2d 403 (Fla. 1994)

. . . The pertinent language contained in sections 948.04(2) and 948.06(1), Florida Statutes (1991), is substantially . . . See Shelby, 97 So.2d at 632 (relying on 1957 version of section 948.04); Brooker v. . . . Section 948.04(2) provides: Upon the termination of the period of probation, the probationer shall be . . . Although there have been various amendments to sections 948.-06(1) and 948.04(2) throughout the years . . . (rewrote section 948.04(2)); ch. 89-526, § 38, Laws of Fla. . . .

STATE v. J. FITZGERALD,, 640 So. 2d 214 (Fla. Dist. Ct. App. 1994)

. . . This rule is based on the language in section 948.04(2) that “[u]pon the termination of the period of . . .

UNITED STATES v. GISPERT,, 864 F. Supp. 1193 (S.D. Fla. 1994)

. . . . § 948.04. . . . Florida Statute § 948.04 provides in pertinent part: (2) Upon the termination of the period of probation . . .

SUMMERS, v. STATE, 625 So. 2d 876 (Fla. Dist. Ct. App. 1993)

. . . See sections 948.04 and 948.06(1), Florida Statutes, in which clear distinctions are drawn between the . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . See sections 948.04 and 948.06(1), Florida Statutes, in which clear distinctions are drawn between the . . .

G. PURVIS, v. R. LINDSEY, STATE, 587 So. 2d 638 (Fla. Dist. Ct. App. 1991)

. . . We reject the state’s contention that the second sentence in section 948.04, Florida Statutes (1989), . . .

M. G. A v. STATE, 556 So. 2d 820 (Fla. Dist. Ct. App. 1990)

. . . . § 948.04, Fla.Stat. (1987). . . .

STAMPER, v. STATE, 528 So. 2d 1323 (Fla. Dist. Ct. App. 1988)

. . . authorized in section 948.01(8), Florida Statutes, and as is exempted by the last sentence in section 948.04 . . . 775.082, Florida Statutes, and that the maximum lawful period of probation is provided for in section 948.04 . . . on imprisonment provided in section 775.082; the time constraints on probation provided in section 948.04 . . . section 775.082, Florida Statutes, or the statutory time limitations on probation contained in section 948.04 . . .

HANKEY, v. STATE, 529 So. 2d 736 (Fla. Dist. Ct. App. 1988)

. . . section 948.01(8), Florida Statutes, is not subject to the probation time limitations provided in section 948.04 . . .

TOLLEFSON, v. STATE, 525 So. 2d 957 (Fla. Dist. Ct. App. 1988)

. . . Section 948.04(1), Florida Statutes (1987) provides: Defendants found guilty of misdemeanors who are . . .

SHAKTMAN, J. v. STATE, 529 So. 2d 711 (Fla. Dist. Ct. App. 1988)

. . . State, 391 So.2d 330 (Fla. 3d DCA 1980), rev. denied, 399 So.2d 1141 (Fla.1981); §§ 775.082(4)(b), 948.04 . . .

OLIVER, v. STATE, 517 So. 2d 735 (Fla. Dist. Ct. App. 1987)

. . . Section 948.04(2), Florida Statutes, provides that “[djuring the period of probation, the probationer . . . Since under section 948.04(2) appellant had not met the conditions of his probation, and was still under . . .

L. FORTUNE, v. STATE, 513 So. 2d 762 (Fla. Dist. Ct. App. 1987)

. . . . §§ 806.13(b)1., 948.04(1), Fla.Stat. (1985); Smith v. . . .

SMITH, v. STATE, 484 So. 2d 581 (Fla. 1986)

. . . OVERTON and McDONALD, JJ., dissent. . 775.082(4)(b), Fla.Stat. (1983) (sixty days imprisonment); § 948.04 . . . Section 948.04(1) provides that "[d]efendants found guilty of misdemeanors who are placed on probation . . . observed that "probation cannot normally be extended beyond the maximum permissible sentence, [but section 948.04 . . . State, 339 So.2d 1155 (Fla. 1st DCA 1976) (finding that the open-ended provision of 948.04(1) does not . . .

BLACKBURN, v. STATE, 468 So. 2d 517 (Fla. Dist. Ct. App. 1985)

. . . Until 1974, Section 948.04, Florida Statutes (period of probation) provided that a term of probation . . .

J. D. B. a v. STATE, 463 So. 2d 486 (Fla. Dist. Ct. App. 1985)

. . . The state points out that even though the general rule is as stated above, under section 948.04, Florida . . .

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

. . . Such an exception is provided in section 948.04(1), Florida Statutes, for probation. . . .

SMITH, v. STATE, 448 So. 2d 20 (Fla. Dist. Ct. App. 1984)

. . . .-01(4) and 948.04(2) [now 948.01(8) and 948.03(4), respectively], which equals or exceeds one year is . . .

A. SHANKWEILER a k a R. v. STATE, 427 So. 2d 215 (Fla. Dist. Ct. App. 1983)

. . . The maximum probationary period for criminal trespass is six months, see Section 948.04, Florida Statutes . . .

RODRIGUEZ, v. STATE, 441 So. 2d 1129 (Fla. Dist. Ct. App. 1983)

. . . The statutory authority of the court is further limited by section 948.04, Florida Statutes (1981), which . . . be released and “shall not be liable to sentence for the crime for which probation was allowed.” § 948.04 . . . First, section 948.04(2), Florida Statutes (1981) states: (2) Upon the termination of the period of probation . . .

L. SMITH, v. STATE, 412 So. 2d 47 (Fla. Dist. Ct. App. 1982)

. . . Apj>ellant contends that he should have been sentenced as a youthful offender under section 948.04, Florida . . .

B. WHITE, v. STATE, 410 So. 2d 588 (Fla. Dist. Ct. App. 1982)

. . . State, 355 So.2d 492 (Fla.3d DCA 1978); §§ 948.04(2) and 948.06(2), Fla. Stat. (1977). . . .

CLARK, v. STATE, 402 So. 2d 43 (Fla. Dist. Ct. App. 1981)

. . . See Sections 948.06(1), 948.04(2), Florida Statutes (1979). . . .

HOLLOWAY, v. STATE, 393 So. 2d 1185 (Fla. Dist. Ct. App. 1981)

. . . . § 948.04(1); Alderman v. State, 356 So.2d 928 (Fla. 2d DCA 1978). . . .

CORRALIZA, v. STATE, 391 So. 2d 330 (Fla. Dist. Ct. App. 1980)

. . . State, 356 So.2d 928 (Fla. 2d DCA 1978); § 948.04(1), Fla.Stat. (1979). . . .

ROSE, v. STATE, 369 So. 2d 1025 (Fla. Dist. Ct. App. 1979)

. . . See Section 948.04, Florida Statutes (1975) and Alderman v. . . .

BOUIE, v. STATE, 360 So. 2d 1142 (Fla. Dist. Ct. App. 1978)

. . . Section 775.082(4)(b) and Section 948.04(1), Florida Statutes (1977); Alderman v. . . .

STATE v. W. HOLMES, 360 So. 2d 380 (Fla. 1978)

. . . . § 948.04 specified that a term of probation could not extend more than two years beyond the maximum . . .

D. ALDERMAN, v. STATE, 356 So. 2d 928 (Fla. Dist. Ct. App. 1978)

. . . Section 948.04, Florida Statutes (1975); Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976). . . .

J. WRIGHT, v. STATE, 345 So. 2d 782 (Fla. Dist. Ct. App. 1977)

. . . combined period of a split sentence of jail time and probation can not, since the amendment of Section 948.04 . . .

McNULTY, v. STATE, 339 So. 2d 1155 (Fla. Dist. Ct. App. 1976)

. . . Prior to July 1, 1974, Florida Statute 948.04 specified that a term of probation could not extend more . . . The state, in urging this court to reject the rationale of Watts, supra, argues that Sec. 948.04(1) removes . . .

PATRICK, v. STATE, 336 So. 2d 1253 (Fla. Dist. Ct. App. 1976)

. . . Although Section 948.04, Florida Statutes (1973), authorized the court to extend the period of probation . . .

MAGNIN, v. STATE, 334 So. 2d 638 (Fla. Dist. Ct. App. 1976)

. . . . § 948.04, that probation could not extend more than two years beyond the maximum possible sentence, . . .

ADAMS, v. STATE, 330 So. 2d 505 (Fla. Dist. Ct. App. 1976)

. . . On that date, Section 948.04, Florida Statutes, 1973, was in effect, and it permitted a period of probation . . .

HELMIG, v. STATE, 330 So. 2d 246 (Fla. Dist. Ct. App. 1976)

. . . Appellant argues that § 948.04(1), Florida Statutes 1975, as amended by Chapter 74-112, Laws of Florida . . . than two years beyond the maximum term for which the defendant might have been sentenced . . . ,” § 948.04 . . . Appellant’s aggregate probation time is within the permissible limits of Section 948.04, Florida Statutes . . .

F. WATTS, v. STATE, 328 So. 2d 223 (Fla. Dist. Ct. App. 1976)

. . . . § 948.04 specified that a term of probation could not extend more than two years beyond the maximum . . . Fla.Stat. § 948.04, as amended, provides that a defendant found guilty of a misdemeanor may be placed . . .

MOORE v. STATE, 324 So. 2d 690 (Fla. Dist. Ct. App. 1976)

. . . Secs. 810.06, 775.082, F.S. 1973, 948.04, F.S.1973 (1974 Supp.), as amended by § 10, ch. 74 — 112, Fla.Laws . . .

WATT, v. STATE, 323 So. 2d 621 (Fla. Dist. Ct. App. 1975)

. . . Sec. 948.04, F.S.1973. . . .

McBRIDE, Sr. v. STATE, 311 So. 2d 752 (Fla. Dist. Ct. App. 1975)

. . . (F.S. 948.04). The maximum sentence for simple assault, a second degree misdemeanor, is 60 days. . . .

J. FARHAT, v. STATE, 293 So. 2d 723 (Fla. Dist. Ct. App. 1974)

. . . Section 948.04, Florida Statutes, F.S.A. . . .

O. WATERS, v. STATE, 290 So. 2d 503 (Fla. Dist. Ct. App. 1974)

. . . Section 948.04, F.S.A., provides that the period of probation ordered by the court shall not exceed more . . .

T. WELDON, v. STATE, 287 So. 2d 133 (Fla. Dist. Ct. App. 1973)

. . . . § 948.04, F.S.A., provides that a trial court may place a defendant on probation for two years beyond . . .

CLAY, v. L. WAINWRIGHT,, 470 F.2d 478 (5th Cir. 1972)

. . . Record in and for Manatee County having lost jurisdiction over petitioner as to probation (see F.S. 948.04 . . . F.S.A. § 948.04. In its so-called reply brief, the State cites the Florida case of Carroll v. . . .

STREETER, v. STATE, 211 So. 2d 32 (Fla. Dist. Ct. App. 1968)

. . . . § 948.04, F.S.A. See also Carroll v. Cochran, Fla.1962, 140 So.2d 300. . . .

BROOKER, v. STATE, 207 So. 2d 478 (Fla. Dist. Ct. App. 1968)

. . . Section 948.04 of Chapter 948, Fla.Stat., F.S.A., relating to probation, provides: “Upon the termination . . . Section 948.04 F.S., F.S.A., provides that upon termination of the period of probation ‘the probationer . . .

ROY, v. STATE, 207 So. 2d 52 (Fla. Dist. Ct. App. 1967)

. . . Sec. 948.04 F.S.A., which provides that upon termination of the period of probation, “the probationer . . .

COLEMAN, v. STATE, 205 So. 2d 5 (Fla. Dist. Ct. App. 1967)

. . . Section 948.04, Fla.Stat. (1965), F.S.A. limits the period of probation to maximum sentence, plus two . . .

In FLORIDA RULES OF CRIMINAL PROCEDURE, 196 So. 2d 124 (Fla. 1967)

. . . (See 948.04 & 948.06(1) in which clear distinctions are drawn between the period of a sentence and the . . .

DELANEY, v. STATE, 190 So. 2d 578 (Fla. 1966)

. . . . §§ 948.04, 948.06 and 800.01, F.S.A.). (3) The Circuit Court may at any time cause the Appellant to . . .

YATES, v. T. A. BUCHANAN,, 170 So. 2d 72 (Fla. Dist. Ct. App. 1964)

. . . . § 948.04. . . . . § 948.04. . . .

PICKMAN, v. STATE, 155 So. 2d 646 (Fla. Dist. Ct. App. 1963)

. . . This point calls for an application of § 948.04, Fla. Stat., F.S.A. . . . The section is as follows: “948.04 Period of probation; duty of probationer The period of probation shall . . .

CARROLL, v. H. G. COCHRAN, Jr., 140 So. 2d 300 (Fla. 1962)

. . . The court was authorized to do this by- the provisions of Sec. 948.04, F.S.A. . . . Under Sec. 948.04 F.S.A. it is provided that upon the termination of his period of probation, a probationer . . .

C. H. HELTON, v. STATE R. O., 106 So. 2d 79 (Fla. 1958)

. . . . § 948.04, Fla.Stat.1941, F.S.A., as amended by Ch. 21775, Laws of 1943. . . .

STATE ARD, v. SHELBY,, 97 So. 2d 631 (Fla. Dist. Ct. App. 1957)

. . . Section 948.04 F.S., F.S.A., provides that upon termination of the period of ’probation “the probationer . . .