Florida Statute 948.15 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

View Entire Chapter

F.S. 948.015

948.015 Presentence investigation reports.—The circuit court, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty and has a lowest permissible sentence under the Criminal Punishment Code of any nonstate prison sanction, may refer the case to the department for investigation or recommendation. Upon such referral, the department shall make the following report in writing at a time specified by the court prior to sentencing. The full report shall include:

(1) A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement, including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and any additional terms of agreement; and, at the offender’s discretion, his or her version and explanation of the criminal activity.

(2) The offender’s sentencing status, including whether the offender is a first offender, a habitual or violent offender, a youthful offender, or is currently on probation.

(3) The offender’s prior record of arrests and convictions.

(4) The offender’s educational background.

(5) The offender’s employment background, including any military record, present employment status, and occupational capabilities.

(6) The offender’s financial status, including total monthly income and estimated total debts.

(7) The social history of the offender, including his or her family relationships, marital status, interests, and activities.

(8) The residence history of the offender.

(9) The offender’s medical history and, as appropriate, a psychological or psychiatric evaluation.

(10) Information about the environments to which the offender might return or to which the offender could be sent should a sentence of nonincarceration or community supervision be imposed by the court, and consideration of the offender’s plan concerning employment supervision and treatment.

(11) Information about any resources available to assist the offender, such as:

(a) Treatment centers.

(b) Residential facilities.

(d) Special education programs.

(e) Services that may preclude or supplement commitment to the department.

(12) The views of the person preparing the report as to the offender’s motivations and ambitions and an assessment of the offender’s explanations for his or her criminal activity.

(13) An explanation of the offender’s criminal record, if any, including his or her version and explanation of any previous offenses.

(14) A statement regarding the extent of any victim’s loss or injury.

(15) A recommendation as to disposition by the court. The department shall make a written determination as to the reasons for its recommendation, and shall include an evaluation of the following factors:

(a) The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision for the offender.

(b) The ability or inability of the department to provide an adequate level of supervision for the offender in the community and a statement of what constitutes an adequate level of supervision.

(c) The existence of other treatment modalities which the offender could use but which do not exist at present in the community.

History.—s. 3, ch. 91-280; s. 1684, ch. 97-102; s. 33, ch. 97-194; s. 18, ch. 98-204; s. 64, ch. 2004-357.

F.S. 948.015 on Google Scholar

F.S. 948.015 on CourtListener

Amendments to 948.015

Annotations, Discussions, Cases:

Cases Citing Statute 948.015

Total Results: 11

Stanfield v. Salvation Army

695 So. 2d 501, 25 Media L. Rep. (BNA) 2214

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1522082

Cited 21 times | Published

probationary services for misdemeanants pursuant to section 948.15, Florida Statutes.[2] The language of the contract

Putnam County Humane Soc., Inc. v. Woodward

740 So. 2d 1238, 1999 WL 650599

District Court of Appeal of Florida | Filed: Aug 27, 1999 | Docket: 1746324

Cited 10 times | Published

probationary services for misdemeanants pursuant to section 948.15, Florida Statutes. The contract required the

DVS v. State

632 So. 2d 221, 1994 WL 46933

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 1514072

Cited 4 times | Published

majority in this case, relying primarily on section 948.15 [adults can be placed on probation for six

Alvin Davis v. State of Florida

268 So. 3d 958

District Court of Appeal of Florida | Filed: Apr 25, 2019 | Docket: 14995758

Cited 2 times | Published

and offender’s explanation of prior offenses); § 948.015 (same PSI contents for non-state-prison sanctions)

MEMORIAL HOSP.-WEST VOLUSIA v. News-Journal

927 So. 2d 961, 2006 WL 735965

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1765809

Cited 2 times | Published

probationary services for misdemeanants pursuant to section 948.15, Florida Statutes. This Court held that because

Collins v. State

626 So. 2d 991, 1993 Fla. App. LEXIS 10656, 1993 WL 417571

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 64744043

Cited 1 times | Published

it is guilty of a first-degree misdemeanor. Section 948.15(1), Florida Statutes (1991), provides that

Earnest Carl Daugthrey v. State of Florida

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065655

Published

maximum lawful sentence. This is incorrect. Section 948.15(1) provides the legal basis for his sentence

Tluczek v. State

130 So. 3d 730, 2014 WL 185195, 2014 Fla. App. LEXIS 445

District Court of Appeal of Florida | Filed: Jan 17, 2014 | Docket: 60237862

Published

v. State, 484 So.2d 581 (Fla.1986)); see also § 948.15(1), Fla. Stat. (2011). However, there appear to

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

rule: The amendment adds subdivision (b). Section 948.015, Florida Statutes, is by its own terms inapplicable

Moreno v. State

675 So. 2d 1026, 1996 Fla. App. LEXIS 6707, 1996 WL 347021

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64765527

Published

alleged error in the defendant’s sentence, Section 948.15(1), Florida Statutes (1995), states that a

D.V.S. v. State

632 So. 2d 221, 1994 Fla. App. LEXIS 1212

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 64746481

Published

majority in this case, relying primarily on section 948.15 [adults can be placed on probation for six