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Florida Statute 948.05 | Lawyer Caselaw & Research
F.S. 948.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 948.05

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. 948.05
948.05 Court to admonish or commend probationer or offender in community control; graduated incentives.
(1) A court may at any time cause a probationer or offender in community control to appear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer or offender in community control from further supervision.
(2) The department shall implement a system of graduated incentives to promote compliance with the terms of supervision, encourage educational achievement and stable employment, and prioritize the highest levels of supervision for probationers or offenders presenting the greatest risk of recidivism.
(a) As part of the graduated incentives system, the department may, without leave of court, offer the following incentives to a compliant probationer or offender in community control:
1. Up to 25 percent reduction of required community service hours;
2. Waiver of supervision fees;
3. Reduction in frequency of reporting;
4. Permission to report by mail or telephone; or
5. Transfer of an eligible offender to administrative probation as authorized under s. 948.013.
(b) The department may also incentivize positive behavior and compliance with recommendations to the court to modify the terms of supervision, including recommending:
1. Permission to travel;
2. Reduction of supervision type;
3. Modification or cessation of curfew;
4. Reduction or cessation of substance abuse testing; or
5. Early termination of supervision.
(c) The department shall, without leave of court, incentivize educational achievement by awarding a compliant probationer or offender in community control with a 60-day reduction of his or her term of supervision for each educational advancement activity he or she completes during the term of supervision. As used in this paragraph, the term “educational advancement activity” means a high school equivalency degree, an academic degree, or a vocational certificate.
(d) The department shall, without leave of court, incentivize stable employment by awarding a compliant probationer or offender in community control a 30-day reduction of his or her term of supervision for each period of workforce achievement he or she completes during the term of supervision. As used in this paragraph, the term “workforce achievement” means continuous and verifiable full-time employment, for at least 30 hours per week for a 6-month period, for which the probationer or offender earns a wage. The department shall verify such employment through supporting documentation, which may include, but need not be limited to, any record, letter, pay stub, contract, or other department-approved method of verification.
(e) A probationer or offender in community control who commits a subsequent violation of probation may forfeit any previously earned probation incentive, as determined appropriate by his or her probation officer.
(f) A probationer or offender in community control who is placed under supervision for committing or attempting, soliciting, or conspiring to commit a violation of any felony offense described in s. 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a., or who qualifies as a violent felony offender of special concern under s. 948.06(8)(b) is not eligible for any reduction of his or her term of supervision under this section.
History.s. 25, ch. 20519, 1941; s. 19, ch. 83-131; s. 62, ch. 2019-167; s. 3, ch. 2022-166; s. 3, ch. 2023-146.

F.S. 948.05 on Google Scholar

F.S. 948.05 on Casetext

Amendments to 948.05


Arrestable Offenses / Crimes under Fla. Stat. 948.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STURGEON, v. STATE, 275 So. 3d 630 (Fla. App. Ct. 2019)

. . . special conditions of probation, the imposition of a no early termination provision violates section 948.05 . . .

O. P. a v. STATE, 234 So. 3d 853 (Fla. Dist. Ct. App. 2018)

. . . Compare § 948.05, Fla. Stat. . . .

JOHNSTON, v. STATE, 202 So. 3d 976 (Fla. Dist. Ct. App. 2016)

. . . 3d DCA 1980) (“Since the authority [to terminate probation early] conferred on the court by section 948.05 . . .

ENEA, v. STATE, 171 So. 3d 219 (Fla. Dist. Ct. App. 2015)

. . . We hold that a trial court maintains its discretion pursuant to section 948.05, Florida Statutes (2015 . . . but rather is seeking an early termination of his probation, which is expressly authorized by Section 948.05 . . . Section 948.05 provides: A court may at any time cause a probationer or offender in community control . . . “satisfied that its action will be for the best interests of justice and the welfare of society.” § 948.05 . . . State, 666 So.2d 949, 950 (Fla. 4th DCA 1996) (“[Section 948.05] requires the court to respond to the . . .

LAFAVE, v. STATE, 149 So. 3d 662 (Fla. 2014)

. . . s Motion At the hearing on LaFave’s Motion to Terminate Probation, LaFave argued that under section 948.05 . . .

L. AVILA, v. A. RICHARDSON,, 751 F.3d 534 (7th Cir. 2014)

. . . . §§ 948.025, 948.05, 948.12. He was sentenced to a total of 35 years in prison. . . .

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

. . . Her position is that section 948.05, Florida Statutes (2003), allowed the circuit court to terminate . . . Section 948.05 provides that [a] court may at any time cause a probationer or offender in community control . . . But while section 948.05 generally provides circuit courts with that authority, a key factor in this . . . LaFave argues that sections 948.04(3) and 948.05 specifically preclude “no early termination” provisions . . . the State’s inclusion of the “no early termination” provision did not violate sections 948.04(3) and 948.05 . . .

E. SUSSMAN, v. JENKINS,, 636 F.3d 329 (7th Cir. 2011)

. . . (b) If the defendant is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.095 . . .

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

. . . See § 948.05, Fla. Stat. (1991); Baker, 619 So.2d at 412. The State concedes error. . . .

BERCHIN, v. STATE, 938 So. 2d 659 (Fla. Dist. Ct. App. 2006)

. . . court has discretion to exercise jurisdiction and terminate probation at any time pursuant to section 948.05 . . .

UNITED STATES v. WACHOWIAK, Jr., 412 F. Supp. 2d 958 (E.D. Wis. 2006)

. . . . § 948.05(lm), punishable by imprisonment of up to twelve years and six months, Wis. . . .

STATE v. M. R. T. A, 848 So. 2d 467 (Fla. Dist. Ct. App. 2003)

. . . . § 948.05, Fla. Stat. (2002). Thus, the court’s decision is not appealable. Burgos v. . . .

BURGOS, v. STATE, 765 So. 2d 967 (Fla. Dist. Ct. App. 2000)

. . . third district dismissed the appeal and stated Since the authority conferred upon the court by Section 948.05 . . . Section 948.05(1999), provides: Court to admonish or commend probationer or offender in community control . . .

STATE v. GUNDERSON,, 667 So. 2d 1005 (Fla. Dist. Ct. App. 1996)

. . . We deny the petition because the trial court acted within its discretion under Section 948.05, Florida . . .

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

. . . S. 948.05, Fla.Stat. (1991). . . . Section 948.05 provides that a probationer may be brought before the court at any time to be “admonished . . .

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

. . . . § 948.05, Fla.Stat. (1991).” Thus, probation condition 33 must be stricken. . . .

GREEN, v. STATE, 638 So. 2d 1006 (Fla. Dist. Ct. App. 1994)

. . . rescission and modification of the terms and conditions of probation by the court at any time, and section 948.05 . . .

BAKER, v. STATE, 619 So. 2d 411 (Fla. Dist. Ct. App. 1993)

. . . . § 948.05, Fla.Stat. (1991). Reversed and remanded for correction of sentence and probation order. . . .

PYGATT v. PAINTERS LOCAL NO. INTERNATIONAL BROTHERHOOD OF PAINTERS ALLIED TRADES T., 763 F. Supp. 1301 (D.N.J. 1991)

. . . the full amount ordered (over $43,000) in damages to and on behalf of Pygatt with the exception of $948.05 . . . , 1988, the Third Circuit granted the Board’s petition and ordered the Union to remit the disputed $948.05 . . .

H. KUCHAREK La d b a d b a d b a II v. J. HANAWAY,, 714 F. Supp. 1499 (E.D. Wis. 1989)

. . . . § 948.05, entitled “Sexual Exploitation of a Child”, enacted in the same legislative session as the . . .

STATE v. BEARDSLEY,, 464 So. 2d 188 (Fla. Dist. Ct. App. 1985)

. . . Likewise, Section 948.05 gives the trial judge the power to prematurely terminate probation, but does . . . However, her response to the petition filed herein cites no authority except Section 948.05, already . . .

ZIEGLER, v. STATE, 380 So. 2d 564 (Fla. Dist. Ct. App. 1980)

. . . The defendant has appealed an order denying his motion, filed pursuant to Section 948.05, Fla.Stat. ( . . . Since the authority conferred upon the court by Section 948.05 is entirely a matter of grace, we hold . . .

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

. . . . § 948.05, F.S.A. and we did not so intend to infer. . . . Sec. 948.05, F.S.A. The order revoking Roy’s probation is Affirmed. LILES, C. . . .

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

. . . . § 948.05, F.S.A.). (4) If the Appellant is charged with violating his probation in a material respect . . .