Florida Statute 948.4 - 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

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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.

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F.S. 948.04 on CourtListener

Amendments to 948.04

Annotations, Discussions, Cases:

Cases Citing Statute 948.04

Total Results: 67

MG v. State

556 So. 2d 820, 1990 WL 12008

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 1447488

Cited 103 times | Published

the maximum incarcerative penalty is 60 days. § 948.04, Fla. Stat. (1987). We agree with our sister courts

State v. Holmes

360 So. 2d 380

Supreme Court of Florida | Filed: Jul 13, 1978 | Docket: 1474242

Cited 51 times | Published

maximum in these words: Until 1974, Fla. Stat. § 948.04 specified that a term of probation could not extend

State v. Hall

641 So. 2d 403, 1994 WL 442255

Supreme Court of Florida | Filed: Aug 18, 1994 | Docket: 1151866

Cited 25 times | Published

97 So.2d at 632 (relying on 1957 version of section 948.04); Brooker v. State, 207 So.2d 478, 479 (Fla

Watts v. State

328 So. 2d 223

District Court of Appeal of Florida | Filed: Mar 10, 1976 | Docket: 1334594

Cited 24 times | Published

probation for six years. Until 1974, Fla. Stat. § 948.04 specified that a term of probation could not extend

State Ex Rel. Ard v. Shelby

97 So. 2d 631

District Court of Appeal of Florida | Filed: Oct 22, 1957 | Docket: 458337

Cited 24 times | Published

basis for revocation of probation. We agree. Section 948.04 F.S., F.S.A., provides that upon termination

Helton v. State

106 So. 2d 79

Supreme Court of Florida | Filed: Oct 29, 1958 | Docket: 1698461

Cited 23 times | Published

probation could not have exceeded seven years. § 948.04, Fla. Stat. 1941, F.S.A., as amended by Ch. 21775

Sanders v. State

35 So. 3d 864, 35 Fla. L. Weekly Supp. 219, 2010 Fla. LEXIS 645, 2010 WL 1609876

Supreme Court of Florida | Filed: Apr 22, 2010 | Docket: 456324

Cited 20 times | Published

completed his probation for those offenses. See § 948.04(2), Fla. Stat. (1999) ("Upon the termination of

Crain v. State

914 So. 2d 1015, 2005 WL 3076606

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1781519

Cited 14 times | Published

of no effect. I agree with this conclusion. Section 948.04(2), Florida Statutes (2005), provides that

Bouie v. State

360 So. 2d 1142

District Court of Appeal of Florida | Filed: Jul 21, 1978 | Docket: 1738632

Cited 13 times | Published

misdemeanor is six months. Section 775.082(4)(b) and Section 948.04(1), Florida Statutes (1977); Alderman v. State

Bouie v. State

360 So. 2d 1142

District Court of Appeal of Florida | Filed: Jul 21, 1978 | Docket: 1738632

Cited 13 times | Published

misdemeanor is six months. Section 775.082(4)(b) and Section 948.04(1), Florida Statutes (1977); Alderman v. State

Rodriguez v. State

441 So. 2d 1129

District Court of Appeal of Florida | Filed: Nov 22, 1983 | Docket: 1699123

Cited 11 times | Published

court is prohibited for several reasons. First, section 948.04(2), Florida Statutes (1981) states: (2) Upon

Pickman v. State

155 So. 2d 646

District Court of Appeal of Florida | Filed: Jul 9, 1963 | Docket: 473963

Cited 11 times | Published

1962. This point calls for an application of § 948.04, Fla. Stat., F.S.A. The section is as follows:

Purvis v. Lindsey Ex Rel. State

587 So. 2d 638, 1991 WL 205853

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1713685

Cited 10 times | Published

state's contention that the second sentence in section 948.04, Florida Statutes (1989), means that a second

Therrien v. State

914 So. 2d 942, 2005 WL 2779476

Supreme Court of Florida | Filed: Oct 27, 2005 | Docket: 1781223

Cited 9 times | Published

program." § 958.04(2)(a), Fla. Stat. (1995). [4] Section 948.04(3), Florida Statutes (2004), authorizes early

Smith v. State

484 So. 2d 581, 11 Fla. L. Weekly 81

Supreme Court of Florida | Filed: Mar 6, 1986 | Docket: 1702745

Cited 9 times | Published

(sixty days imprisonment); § 948.04 (six months probation). Section 948.04(1) provides that "[d]efendants

Arriaga v. State

666 So. 2d 949, 1996 WL 1109

District Court of Appeal of Florida | Filed: Jan 3, 1996 | Docket: 1510843

Cited 8 times | Published

Department of Corrections of its authority under § 948.04(3), Florida Statutes (1991), to recommend remission

Baker v. State

619 So. 2d 411, 1993 WL 188013

District Court of Appeal of Florida | Filed: Jun 2, 1993 | Docket: 302064

Cited 8 times | Published

authority to recommend early termination of probation. § 948.04(3), Fla. Stat. (1991). Moreover, a trial judge

State v. Oates

610 So. 2d 522, 1992 WL 361315

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1413669

Cited 7 times | Published

incarceration exceeded the term allowed by law. Section 948.04(2)(b), Florida Statutes (1991) provides that

Blackburn v. State

468 So. 2d 517, 10 Fla. L. Weekly 1182

District Court of Appeal of Florida | Filed: May 13, 1985 | Docket: 1725424

Cited 7 times | Published

six months in the county jail. Until 1974, Section 948.04, Florida Statutes (period of probation) provided

Patrick v. State

336 So. 2d 1253

District Court of Appeal of Florida | Filed: Sep 17, 1976 | Docket: 2564814

Cited 7 times | Published

time within the probation period. Although Section 948.04, Florida Statutes (1973), authorized the court

Brooker v. State

207 So. 2d 478

District Court of Appeal of Florida | Filed: Feb 27, 1968 | Docket: 463276

Cited 7 times | Published

occurred during the term of the probation. Section 948.04 of Chapter 948, Fla. Stat., F.S.A., relating

Davis v. State

461 So. 2d 1003, 10 Fla. L. Weekly 34

District Court of Appeal of Florida | Filed: Dec 21, 1984 | Docket: 464329

Cited 6 times | Published

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

Purdy v. Mulkey

228 So. 2d 132

District Court of Appeal of Florida | Filed: Nov 12, 1969 | Docket: 540207

Cited 6 times | Published

guilt and place the defendant on probation, and by § 948.04 provides that upon termination of the period of

Yates v. Buchanan

170 So. 2d 72

District Court of Appeal of Florida | Filed: Dec 22, 1964 | Docket: 157071

Cited 6 times | Published

years beyond the maximum sentence applicable. § 948.04. Where probation thus exceeds the sentence, on

Corraliza v. State

391 So. 2d 330

District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 2588682

Cited 5 times | Published

Alderman v. State, 356 So.2d 928 (Fla.2d DCA 1978); § 948.04(1), Fla. Stat. (1979). The trial court may upon

Alderman v. State

356 So. 2d 928

District Court of Appeal of Florida | Filed: Mar 29, 1978 | Docket: 1478906

Cited 5 times | Published

probation for six months in a misdemeanor case. Section 948.04, Florida Statutes (1975); Watts v. State, 328

Magnin v. State

334 So. 2d 638

District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 2575939

Cited 5 times | Published

the elimination of the provision in Fla. Stat. § 948.04[1], that probation could not extend more than

United States v. Gispert

864 F. Supp. 1193, 1994 U.S. Dist. LEXIS 14186, 1994 WL 547455

District Court, S.D. Florida | Filed: Feb 17, 1994 | Docket: 1618559

Cited 4 times | Published

638, 639 (Fla. 4th DCA 1991); see also Fla.Stat. § 948.04.[3] *1197 For example, in the instant case, the

Hebb v. State

714 So. 2d 639, 1998 WL 422285

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 461655

Cited 3 times | Published

raise this issue for the first time on appeal. Section 948.04(2), Fla. Stat. (1995) provides in part "Upon

Jones v. State

666 So. 2d 191, 1995 WL 749677

District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 1510949

Cited 3 times | Published

authority to recommend early termination of probation. § 948.04(3), Fla. Stat. (1993). This is impermissible,

Hankey v. State

529 So. 2d 736, 1988 WL 66085

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 432289

Cited 3 times | Published

the probation time limitations provided in section 948.04(1), Florida Statutes. [3] See Franklin v.

JDB v. State

463 So. 2d 486, 10 Fla. L. Weekly 366

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 448961

Cited 3 times | Published

the general rule is as stated above, under section 948.04, Florida Statutes (1983), an adult may be placed

Waters v. State

290 So. 2d 503

District Court of Appeal of Florida | Filed: Feb 28, 1974 | Docket: 450765

Cited 3 times | Published

imposed by the court." (emphasis added.) F.S. Section 948.04, F.S.A., provides that the period of probation

Wright v. State

47 So. 3d 972, 2010 Fla. App. LEXIS 18300, 2010 WL 4861737

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2397001

Cited 2 times | Published

the offense for which probation was allowed." § 948.04(2), Fla. Stat. (2009); see also Carroll v. Cochran

Gonzalez-Ramos v. State

46 So. 3d 67, 2010 WL 2131639

District Court of Appeal of Florida | Filed: Oct 15, 2010 | Docket: 2402265

Cited 2 times | Published

taken to revoke or modify probation.”); see also § 948.04(2), Fla. Stat. (2007) (“Upon the termination of

Jones v. State

954 So. 2d 675, 2007 WL 1062590

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 1652159

Cited 2 times | Published

the offense for which probation was allowed." § 948.04(2), Fla. Stat. (2005); State v. Hall, 641 So.2d

Tollefson v. State

525 So. 2d 957, 1988 WL 47238

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 1710677

Cited 2 times | Published

accident involving property damage (Count VI). Section 948.04(1), Florida Statutes (1987) provides: Defendants

Weldon v. State

287 So. 2d 133

District Court of Appeal of Florida | Filed: Dec 21, 1973 | Docket: 1652999

Cited 2 times | Published

maximum sentence is sixty days in prison. Fla. Stat. § 948.04, F.S.A., provides that a trial court may place

Hennig v. William G. Prummel, Jr., Sheriff of Charlotte County

198 So. 3d 17, 2015 Fla. App. LEXIS 11191, 2015 WL 4497724

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 2679090

Cited 1 times | Published

authorized to serve and execute such warrant. Section 948.04(2), states: “Upon the termination of the period

State v. LaFave

113 So. 3d 31, 2012 WL 3326347, 2012 Fla. App. LEXIS 13573

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60231532

Cited 1 times | Published

to recommend early termination pursuant to section 948.04(3) and such provisions prevent future courts

Vidaurre v. State

8 So. 3d 1206, 2009 Fla. App. LEXIS 3817, 2009 WL 1139281

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1654287

Cited 1 times | Published

954 So.2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla. Stat. (2001); State v. Wimberly, 574

Adams v. State

330 So. 2d 505

District Court of Appeal of Florida | Filed: Apr 23, 1976 | Docket: 1774438

Cited 1 times | Published

occurred on 11 February 1974. On that date, Section 948.04, Florida Statutes, 1973, was in effect, and

Helmig v. State

330 So. 2d 246

District Court of Appeal of Florida | Filed: Apr 13, 1976 | Docket: 1798106

Cited 1 times | Published

a period of five years. Appellant argues that § 948.04(1), Florida Statutes 1975, as amended by Chapter

McBride v. State

311 So. 2d 752

District Court of Appeal of Florida | Filed: May 2, 1975 | Docket: 1431950

Cited 1 times | Published

which appellant might have been sentenced. (F.S. 948.04). The maximum sentence for simple assault, a

Medley v. State of Florida

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038921

Published

time the State filed the violation charges. See § 948.04(2), Fla. Stat.; State v. Hall, 641 So. 2d 403

Parson v. State of Florida

District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690157

Published

seeking to shorten the supervision period. See § 948.04(3), Fla. Stat. (2016) (authorizing “the Department

The State of Florida v. Libardo Piedrahita

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674150

Published

proceedings on this case be terminated pursuant to Section 948.04, Florida Statutes.” “It is established law

LORENZO KEANDRE SMITH vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 3, 2022 | Docket: 66777665

Published

probation have been instituted in the interim. See § 948.04(2), Fla. Stat. (2020) (“Upon the termination

LORENZO KEANDRE SMITH vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 3, 2022 | Docket: 68035124

Published

probation have been instituted in the interim. See § 948.04(2), Fla. Stat. (2020) (“Upon the termination

Melody Michelle Bailey v. State of Florida

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64972323

Published

court did not have jurisdiction to act on it. See § 948.04(2), Fla. Stat. (2020) (once the term of probation

Murphy v. State

976 So. 2d 1242, 2008 Fla. App. LEXIS 4372, 2008 WL 818873

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 64854188

Published

early termination of Mr. Murphy’s probation.1 See § 948.04(3), Fla. Stat. (2005); Swedish v. State, 724 So

Krug v. State

689 So. 2d 391, 1997 Fla. App. LEXIS 1706, 1997 WL 80349

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771642

Published

court concluded that under the provisions of Section 948.04, Florida Statutes, it did not have jurisdiction

State v. Fitzgerald

640 So. 2d 214, 1994 Fla. App. LEXIS 7646, 1994 WL 397615

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 64749919

Published

1987). This rule is based on the language in section 948.04(2) that “[u]pon the termination of the period

M.G. v. State

556 So. 2d 820, 1990 Fla. App. LEXIS 860

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 64648082

Published

the maximum incarcerative penalty is 60 days. § 948.04, Fla.Stat. (1987). We agree with our sister courts

Stamper v. State

528 So. 2d 1323, 13 Fla. L. Weekly 1839, 1988 Fla. App. LEXIS 3489, 1988 WL 79821

District Court of Appeal of Florida | Filed: Aug 4, 1988 | Docket: 64636239

Published

and as is exempted by the last sentence in section 948.04(1), Florida Statutes, from the probation time

Ago

Florida Attorney General Reports | Filed: May 19, 1988 | Docket: 3257425

Published

offense, unless expressly provided by law.8 Section 948.04(1), F.S., in pertinent part, provides:

Oliver v. State

517 So. 2d 735, 13 Fla. L. Weekly 58, 1987 Fla. App. LEXIS 11733, 1987 WL 3184

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631774

Published

intervention or diversion programs” (e.s.).1 Section 948.04(2), Florida Statutes, provides that “[djuring

J.D.B. v. State

463 So. 2d 486, 10 Fla. L. Weekly 366, 1985 Fla. App. LEXIS 14106

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 64609885

Published

the general rule is as stated above, under section 948.04, Florida Statutes (1983), an adult may be placed

Shankweiler v. State

427 So. 2d 215, 1983 Fla. App. LEXIS 19113

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595253

Published

period for criminal trespass is six months, see Section 948.04, Florida Statutes (1981), and since that period

Smith v. State

412 So. 2d 47, 1982 Fla. App. LEXIS 19701

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64589050

Published

been sentenced as a youthful offender un*48der section 948.04, Florida Statutes (1979), following his conviction

Holloway v. State

393 So. 2d 1185, 1981 Fla. App. LEXIS 18676

District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 64580393

Published

which the maximum probationary term is six months. § 948.04(1); Alderman v. State, 356 So.2d 928 (Fla. 2d

Rose v. State

369 So. 2d 1025, 1979 Fla. App. LEXIS 14837

District Court of Appeal of Florida | Filed: Apr 24, 1979 | Docket: 64569714

Published

misdemeanor of the second degree is six months. See Section 948.04, Florida Statutes (1975) and Alderman v. State

Wright v. State

345 So. 2d 782, 1977 Fla. App. LEXIS 15467

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 64558445

Published

and probation can not, since the amendment of Section 948.04, Florida Statutes (1974), exceed the maximum

McNulty v. State

339 So. 2d 1155, 1976 Fla. App. LEXIS 16024

District Court of Appeal of Florida | Filed: Dec 8, 1976 | Docket: 64556136

Published

limitations of Florida Statute 948.-04(1). Prior to July 1, 1974, Florida Statute 948.04 specified that

Farhat v. State

293 So. 2d 723, 1974 Fla. App. LEXIS 7640

District Court of Appeal of Florida | Filed: May 7, 1974 | Docket: 64538659

Published

probation encompasses forty-four pages. . Section 948.04, Florida Statutes, F.S.A.

Streeter v. State

211 So. 2d 32, 1968 Fla. App. LEXIS 5404

District Court of Appeal of Florida | Filed: Jun 4, 1968 | Docket: 64505573

Published

further sentence for that case. See Fla.Stat. § 948.04, F.S.A. See also Carroll v. Cochran, Fla.1962

Coleman v. State

205 So. 2d 5, 1967 Fla. App. LEXIS 4183

District Court of Appeal of Florida | Filed: Dec 15, 1967 | Docket: 64503379

Published

the time of his conviction was five years. Section 948.04, Fla.Stat. (1965), F.S.A. limits the period