Florida Statute 948.015 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

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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.

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Amendments to 948.015

Annotations, Discussions, Cases:

Cases Citing Statute 948.015

Total Results: 11 | Sort by: Relevance | Newest First

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Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997).

Cited 21 times | Published | Florida 5th District Court of Appeal | 25 Media L. Rep. (BNA) 2214

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

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Putnam Cnty. Humane Soc., Inc. v. Woodward, 740 So. 2d 1238 (Fla. 5th DCA 1999).

Cited 10 times | Published | Florida 5th District Court of Appeal | 1999 WL 650599

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

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DVS v. State, 632 So. 2d 221 (Fla. 5th DCA 1994).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1994 WL 46933

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

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Mem'l Hosp.-west Volusia v. News-journal, 927 So. 2d 961 (Fla. 5th DCA 2006).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 735965

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

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Alvin Davis v. State of Florida, 268 So. 3d 958 (Fla. 1st DCA 2019).

Cited 2 times | Published | Florida 1st District Court of Appeal

...length and nature of the offender’s prior record.”); see § 921.231(1)(m) (mandating that presentence investigation report include, among other things, explanation of the offender’s criminal record and offender’s explanation of prior offenses); § 948.015 (same PSI contents for non-state-prison sanctions)....

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Collins v. State, 626 So. 2d 991 (Fla. Dist. Ct. App. 1993).

Cited 1 times | Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 10656, 1993 WL 417571

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

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Amendments to the Florida Rules of Crim. Procedure, 886 So. 2d 197 (Fla. 2004).

Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

...It is simply offered as a list of examples. Finally, in order to provide additional guidance to the Florida Department of Corrections, the following committee note, which we have modified slightly for clarity, has been added to the rule: The amendment adds subdivision (b). Section 948.015, Florida Statutes, is by its own terms inapplicable to those cases described in this new subdivision....

...cifically listed in Muhammad v. State, 782 So.2d 343, 363 (Fla. 2001), a description of the status of all of the charges in the indictment as well as any other pending offenses; the defendant’s medical history; and those matters listed in sections 948.015(3)-(8) and (13), Florida Statutes....

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Moreno v. State, 675 So. 2d 1026 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 6707, 1996 WL 347021

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

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Tluczek v. State, 130 So. 3d 730 (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal | 2014 WL 185195, 2014 Fla. App. LEXIS 445

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

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D.V.S. v. State, 632 So. 2d 221 (Fla. 5th DCA 1994).

Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 1212

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

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Earnest Carl Daugthrey v. State of Florida (Fla. 1st DCA 2023).

Published | Florida 1st District Court of Appeal

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

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