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Florida Statute 948.09 | Lawyer Caselaw & Research
F.S. 948.09 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 948.09

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. 948.09
948.09 Payment for cost of supervision and other monetary obligations.
(1)(a)1. Any person ordered by the court, the Department of Corrections, or the Florida Commission on Offender Review to be placed under supervision under this chapter, chapter 944, chapter 945, chapter 947, or chapter 958, or in a pretrial intervention program, must, as a condition of any placement, pay the department a total sum of money equal to the total month or portion of a month of supervision times the court-ordered amount, but not to exceed the actual per diem cost of the supervision. The department shall adopt rules by which an offender who pays in full and in advance of regular termination of supervision may receive a reduction in the amount due. The rules shall incorporate provisions by which the offender’s ability to pay is linked to an established written payment plan. Funds collected from felony offenders may be used to offset costs of the Department of Corrections associated with community supervision programs, subject to appropriation by the Legislature.
2. In addition to any other contribution or surcharge imposed by this section, each felony offender assessed under this paragraph shall pay a $2-per-month surcharge to the department. The surcharge shall be deemed to be paid only after the full amount of any monthly payment required by the established written payment plan has been collected by the department. These funds shall be used by the department to pay for correctional probation officers’ training and equipment, including radios, and firearms training, firearms, and attendant equipment necessary to train and equip officers who choose to carry a concealed firearm while on duty. This subparagraph does not limit the department’s authority to determine who shall be authorized to carry a concealed firearm while on duty, or limit the right of a correctional probation officer to carry a personal firearm approved by the department.
(b) Any person placed on misdemeanor probation by a county court must contribute not less than $40 per month, as decided by the sentencing court, to the court-approved public or private entity providing misdemeanor supervision.
(2) Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for electronic monitoring services at a rate that may not exceed the full cost of the monitoring service in addition to the cost of supervision as directed by the sentencing court. The funds collected under this subsection shall be deposited in the General Revenue Fund. The department may exempt a person from paying all or any part of the costs of the electronic monitoring service if it finds that any of the factors listed in subsection (3) exist.
(3) Any failure to pay contribution as required under this section may constitute a ground for the revocation of supervision by the court or by the Florida Commission on Offender Review, the revocation of control release by the Control Release Authority, or the removal from the pretrial intervention program by the state attorney. The Department of Corrections may exempt a person from the payment of all or any part of the contribution if it finds any of the following factors:
(a) The offender has diligently attempted, but has been unable, to obtain or maintain employment that provides him or her sufficient income to make such payments.
(b) The offender is a student in a school, college, university, or course of career training designed to fit the student for gainful employment. Certification of such student status shall be supplied to the offender’s probation officer by the educational institution in which the offender is enrolled.
(c) The offender has an employment handicap, as determined by a physical, psychological, or psychiatric examination.
(d) The offender’s age prevents him or her from obtaining employment.
(e) The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender.
(f) The offender has been transferred outside the state under an interstate compact adopted pursuant to chapter 949.
(4) As a condition of an interstate compact adopted pursuant to chapter 949, the department shall require each out-of-state probationer or parolee transferred to this state to contribute not less than $30 or more than the cost of supervision, certified by the Department of Corrections, per month to defray the cost incurred by this state as a result of providing supervision and rehabilitation during the period of supervision.
(5) In addition to any other required contributions, the department, at its discretion, may require offenders under any form of supervision to submit to and pay for urinalysis testing to identify drug usage as part of the rehabilitation program. Any failure to make such payment, or participate, may be considered a ground for revocation by the court, the Florida Commission on Offender Review, or the Control Release Authority, or for removal from the pretrial intervention program by the state attorney. The department may exempt a person from such payment if it determines that any of the factors specified in subsection (3) exist.
(6) The department shall establish a payment plan for all costs ordered by the courts for collection by the department and a priority order for payments, except that victim restitution payments authorized under s. 948.03(1)(f) take precedence over all other court-ordered payments. The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan.
History.s. 18, ch. 74-112; s. 2, ch. 76-238; s. 1, ch. 77-321; s. 1, ch. 77-428; s. 1, ch. 78-368; s. 100, ch. 79-3; s. 1, ch. 84-337; s. 10, ch. 85-340; ss. 58, 73, ch. 88-122; s. 7, ch. 89-526; s. 6, ch. 90-337; s. 1, ch. 91-225; s. 7, ch. 91-280; s. 2, ch. 92-298; s. 4, ch. 94-265; s. 1, ch. 94-290; s. 41, ch. 95-283; s. 51, ch. 96-312; s. 1878, ch. 97-102; s. 8, ch. 98-388; s. 16, ch. 2001-242; s. 5, ch. 2004-251; s. 65, ch. 2004-357; s. 29, ch. 2004-373; s. 150, ch. 2005-2; s. 11, ch. 2009-63; s. 19, ch. 2010-64; s. 50, ch. 2014-191; s. 10, ch. 2017-115.
Note.Former s. 945.30.

F.S. 948.09 on Google Scholar

F.S. 948.09 on Casetext

Amendments to 948.09


Arrestable Offenses / Crimes under Fla. Stat. 948.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.09.



Annotations, Discussions, Cases:

Cases from cite.case.law:

THOMPSON, v. STATE, 250 So. 3d 132 (Fla. App. Ct. 2018)

. . . . § 948.09(3)(e), Fla. . . .

ESQUIVEL- QUINTANA, v. B. SESSIONS III,, 137 S. Ct. 1562 (U.S. 2017)

. . . . §§ 948.01(1), 948.09 (1993-1994) Where a state statute contains several different crimes that are described . . .

UNITED STATES v. GONZALEZ- MEDINA,, 757 F.3d 425 (5th Cir. 2014)

. . . . § 948.09 for having sexual intercourse with a child age sixteen or older does not qualify as a “sex . . . Stat. § 948.09. He pleaded no contest to the charge and was sentenced to sixty days in jail. . . . Stat. § 948.09 is not a “sex offense” under the categorical approach because it does not include a four-year . . . Stat. § 948.09 (“Whoever has sexual intercourse with a child who is not the defendant’s spouse and who . . . . § 948.09. . . .

UNITED STATES v. GOMEZ,, 757 F.3d 885 (9th Cir. 2014)

. . . . §§ 948.02(1), 948.02(2), 948.09. . . . . Ann. §§ 948.02(2), 948.09. . . . .

UNITED STATES v. RANGEL- CASTANEDA,, 709 F.3d 373 (4th Cir. 2013)

. . . . § 948.09. The general age of consent is seventeen in the remaining seven states. See Colo. . . .

SHACKER, v. STATE, 106 So. 3d 36 (Fla. Dist. Ct. App. 2013)

. . . toward cost of supervision, plus a 4% surcharge, unless otherwise exempted, in accordance with Section 948.09 . . .

PHILEMON, v. STATE, 82 So. 3d 200 (Fla. Dist. Ct. App. 2012)

. . . which the failure of a probationer ... to pay restitution or the cost of supervision as provided in s. 948.09 . . .

DEL VALLE, v. STATE, 80 So. 3d 999 (Fla. 2011)

. . . probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09 . . .

CHANDLER, v. STATE, 41 So. 3d 1107 (Fla. Dist. Ct. App. 2010)

. . . probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09 . . .

C. C. N. v. STATE, 1 So. 3d 1151 (Fla. Dist. Ct. App. 2009)

. . . was held without C.C.N.’s presence or waiver thereof, and restitution was ordered in the amount of $948.09 . . . The court ordered restitution in the amount of $948.09. . . .

BROWN, Sr. v. A. McNEIL,, 591 F. Supp. 2d 1245 (M.D. Fla. 2008)

. . . statutory conditions of Conditional Release in that he did willfully fail to comply with Florida Statutes 948.09 . . . The hearing officer further found Petitioner “did willfully fail to comply with Florida Statute 948.09 . . . found guilty of violating Condition 7 ... in that he did willfully fail to comply with Florida Statute 948.09 . . . Stat. § 948.09 ("Any person ... placed on ... conditional release supervision ... must, as a condition . . .

UNITED STATES v. LOPEZ- DeLEON,, 513 F.3d 472 (5th Cir. 2008)

. . . . § 948.09. . . . .

UNITED STATES v. RODRIGUEZ- GUZMAN,, 506 F.3d 738 (9th Cir. 2007)

. . . . § 948.09. . . . .

V. FELTON, v. B. LINCOLN, PCCF PCCF PCCF, PCCF,, 429 F. Supp. 2d 226 (D. Mass. 2006)

. . . disapproval of non-privileged correspondence with notice to the inmate or sender of the material. 103 C.M.R. 948.09 . . .

PARRISH, v. STATE, 898 So. 2d 1074 (Fla. Dist. Ct. App. 2005)

. . . sentence of paragraph 12, requiring Parrish to pay the costs of such testing, is authorized by section 948.09 . . .

M. OSTA, v. STATE, 880 So. 2d 804 (Fla. Dist. Ct. App. 2004)

. . . probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09 . . .

GRIFFIS, v. STATE, 848 So. 2d 422 (Fla. Dist. Ct. App. 2003)

. . . the cost of supervision unless otherwise waived, plus a $2.00 monthly surcharge pursuant to section 948.09 . . .

R. GOVE, v. FLORIDA PAROLE COMMISSION,, 816 So. 2d 1150 (Fla. Dist. Ct. App. 2002)

. . . subject to specified terms and conditions, including payment of the cost of supervision pursuant to s. 948.09 . . .

GRAY, v. STATE, 791 So. 2d 560 (Fla. Dist. Ct. App. 2001)

. . . . § 948.09(l)(a)l (1999). . . . Section 948.09(l)(a)l provides: Any person ordered by the court, the Department of Corrections, or the . . .

BEUL, v. ASSE INTERNATIONAL, INC., 233 F.3d 441 (7th Cir. 2000)

. . . . § 948.09, killed himself, leaving a note expressing fear of jail. . . .

HOPE CLINIC, v. E. RYAN, K. s D. v. E. M., 195 F.3d 857 (7th Cir. 1999)

. . . performed was the result of a sexual assault in violation of § 940.225, 944.06, 948.02, 948.025, 948.06 or 948.09 . . .

EDWARDS, Jr. v. STATE, 728 So. 2d 736 (Fla. 1999)

. . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

STATE v. PORCHIA,, 716 So. 2d 766 (Fla. 1998)

. . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

EDWARDS, Jr. v. STATE, 780 So. 2d 86 (Fla. Dist. Ct. App. 1998)

. . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

STATE v. WILLIAMS,, 712 So. 2d 762 (Fla. 1998)

. . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . . The State, however, argued that none of these precedent eases addressed section 948.09(6), Florida Statutes . . . However, the State argues that section 948.09(6), Florida Statutes (1995), provides a statutory basis . . . While section 948.09(6), Florida Statutes (1995), is limited to “urinalysis testing,” the trial court . . . Section 948.09(6), Florida Statutes (1995), provides in relevant part: In addition to any other required . . .

STATE v. L. SMITH,, 710 So. 2d 980 (Fla. 1998)

. . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

HERNANDEZ, v. STATE, 708 So. 2d 1003 (Fla. Dist. Ct. App. 1998)

. . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

PORCHIA, v. STATE, 705 So. 2d 1050 (Fla. Dist. Ct. App. 1998)

. . . The state has pointed out that section 948.09(6), Florida Statutes (1995) appears to contain the requirement . . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

L. SMITH, v. STATE, 702 So. 2d 1305 (Fla. Dist. Ct. App. 1997)

. . . State, 700 So.2d 750 (Fla. 2d DCA 1997), section 948.09(6), Florida Statutes (1995), provides that a . . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

HUFF, v. STATE, 700 So. 2d 787 (Fla. Dist. Ct. App. 1997)

. . . The State in this case has pointed out, however, that section 948.09(6), Florida Statutes (1995), provides . . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

WILLIAMS, v. STATE, 700 So. 2d 750 (Fla. Dist. Ct. App. 1997)

. . . The State in this ease has pointed out, however, that section 948.09(6), Florida Statutes (1995), provides . . . DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09 . . .

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

. . . Such offender is exempt from further payment for cost of supervision as required in s. 948.09.” . . .

FELIX, v. STATE, 709 So. 2d 547 (Fla. Dist. Ct. App. 1997)

. . . oral pronouncement was necessary; the defendant was put on notice of those requirements by section 948.09 . . .

L. JOHNSON, v. STATE, 696 So. 2d 831 (Fla. Dist. Ct. App. 1997)

. . . See §§ 948.03(l)(k), 948.09(6), Fla. Stat. (1995); Kopecki v. . . .

HAYGOOD, v. STATE, 687 So. 2d 318 (Fla. Dist. Ct. App. 1997)

. . . The state argues that section 948.09(7), Florida Statutes (1995), permits courts to delegate to the Department . . . The statute reads: 948.09 Payment for cost of supervision and rehabilitation (7) The department shall . . .

NIEVES, v. STATE, 678 So. 2d 468 (Fla. Dist. Ct. App. 1996)

. . . statutorily mandated $2.00 per month surcharge to the Department of Corrections, pursuant to section 948.09 . . .

CAMPBELL, v. STATE, 661 So. 2d 122 (Fla. Dist. Ct. App. 1995)

. . . Appellant may perform community service in lieu of paying the costs of supervision required by section 948.09 . . . It is also clear from the face of section 948.09(3) that any authority to exempt an individual from paying . . .

KIONKA, v. STATE, 660 So. 2d 419 (Fla. Dist. Ct. App. 1995)

. . . It is also clear from the face of section 948.09(3), Florida Statutes (1994), that any authority to exempt . . .

JOHNSON, v. STATE, 660 So. 2d 794 (Fla. Dist. Ct. App. 1995)

. . . Appellant may perform community service in lieu of paying the costs of supervision required by section 948.09 . . . It is also clear from the face of section 948.09(3) that any authority to exempt an individual from paying . . .

KLIMEK v. HORACE MANN INSURANCE CO., 14 F.3d 185 (2d Cir. 1994)

. . . Also, if the total damages do not exceed the $246,-948.09 paid in the settlements, Horace Mann would . . .

M. DYKES, v. STATE, 623 So. 2d 827 (Fla. Dist. Ct. App. 1993)

. . . because the defendant did not “expressly agree to pay any more than the assessment allowed by section 948.09 . . .

BLANCHETTE, v. STATE, 620 So. 2d 258 (Fla. Dist. Ct. App. 1993)

. . . We observed that section 948.09(1), Florida Statutes (1991), authorizes the trial court to require a . . . shall be funded by the state, to be effected in part by the assessments authorized pursuant to section 948.09 . . . This intent is evident when section 948.51 is read in pari materia with the section 948.09(1) provision . . . Rather, section 948.09(1), limiting such assessment to no less than $40 and no more than $50 per month . . . hours plus fee, but he did not expressly agree to pay any more than the assessment allowed by section 948.09 . . .

MARTIN, v. STATE, 618 So. 2d 737 (Fla. Dist. Ct. App. 1993)

. . . Section 948.09(1) provides in part: (1) Any person under ... felony probation, ... shall be required . . . shall be funded by the state, to be effected in part by the assessments authorized pursuant to section 948.09 . . . This intent is evident when section 948.51 is read in pari materia with the section 948.09(1) provision . . . Rather, section 948.09(1), limiting such assessment to no less than $40 and no more than $50 per month . . .