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Florida Statute 948.10 - Full Text and Legal Analysis
Florida Statute 948.10 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
948.10 Community control programs; home confinement.—
(1) The Department of Corrections shall develop and administer a community control program. This program shall be rigidly structured and designed to accommodate offenders who, in the absence of such a program, would have been incarcerated in a jail or prison. The program shall focus on the provision of home confinement subject to an authorized level of limited freedom and special conditions that are commensurate with the seriousness of the crime. The program shall offer the courts and the Florida Commission on Offender Review an alternative, community-based method to punish an offender in lieu of incarceration and shall provide intensive supervision to closely monitor compliance with restrictions and special conditions, including, but not limited to, treatment or rehabilitative programs. The targeted population for this community control program includes:
(a) Probation violators charged with technical violations or new violations of law.
(b) Parole or conditional release violators charged with technical violations or new violations of law.
(c) Individuals found guilty of felonies who, due to their criminal backgrounds or the seriousness of the offenses, would not be placed on regular probation.
(2) Caseloads should be restricted to a maximum of 30 cases per officer in order to ensure an adequate level of staffing. Community control is an individualized program in which the offender is restricted to a residential treatment facility or a nursing facility or restricted to his or her approved residence subject to an authorized level of limited freedom.
(3) Procedures governing violations of community control are the same as those described in s. 948.06 with respect to probation.
(4) Upon completion of the sanctions imposed and before the expiration of the community control term ordered by the court, the department may petition the court to terminate early the supervision of the offender from community control supervision or to return the offender to a program of regular probation supervision for the remainder of the term. In considering the petition, the court should recognize the limited staff resources committed to the community control program, the purpose of the program, and the offender’s successful compliance with the conditions set forth in the order of the court.
History.—ss. 12, 13, 21, ch. 83-131; s. 77, ch. 85-62; s. 4, ch. 87-211; ss. 62, 69, ch. 88-122; s. 18, ch. 90-337; s. 15, ch. 91-225; ss. 1, 16, ch. 91-280; s. 14, ch. 93-227; s. 1690, ch. 97-102; s. 6, ch. 97-239; s. 6, ch. 2001-209; s. 3, ch. 2003-142; ss. 3, 6, 7, 30, ch. 2004-373; s. 7, ch. 2007-2; s. 6, ch. 2008-250; s. 51, ch. 2014-191; s. 11, ch. 2017-115; s. 136, ch. 2019-167.
Note.—Subsection (2) former s. 948.01(10); subsection (9) former s. 948.01(9); subsection (10) former s. 948.01(5).

F.S. 948.10 on Google Scholar

F.S. 948.10 on CourtListener

Amendments to 948.10


Annotations, Discussions, Cases:

Cases Citing Statute 948.10

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002).

Cited 13 times | Published | Florida 4th District Court of Appeal | 2002 WL 906172

...s. 893.13(2)(a) or (6)(a), the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt; and, in either case, it may stay and withhold the imposition of sentence and place the defendant on drug offender probation. § 948.10(13), Fla.Statute (2001)....
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Trotter v. State, 690 So. 2d 1234 (Fla. 1996).

Cited 12 times | Published | Supreme Court of Florida | 1996 WL 726878

...d under traditional rules of statutory construction to give the phrase a strict construction: As his fifth point, appellant asserts that it was error to consider his violation of community control as an aggravating factor in sentencing. We agree. Subsection 948.10(1), Florida statutes (1985), provides that community control is "an alternative, community-based method to punish an offender in lieu of incarceration." Moreover, we have held that violation of probation is not an aggravating circumsta...
...ear about our prior ruling, and nothing ambiguous about the term "imprisonment." We held that imprisonment does not include community control. In addition to the plain meaning of "imprisonment," a term that speaks for itself, our prior opinion cited section 948.10(1), Florida Statutes (1985), which expressly defines community control as an alternative to incarceration....
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Dietz v. State, 534 So. 2d 808 (Fla. 2d DCA 1988).

Cited 10 times | Published | Florida 2nd District Court of Appeal | 1988 WL 124794

...ion eleven. Dietz need not be present for this purpose. Although this decision will result in incarcerating a ninety-one year old man, we observe that community control was established by the legislature as an alternative to a state prison sentence. § 948.10, Fla....
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In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).

Cited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

...(Defendant) deprived (victim) of [his][her] [weapon] [radio] [means to defend [himself] [herself]] [means to summon assistance]. 2. At the time, (victim) was a [law enforcement officer] [correctional officer] [correctional probation officer]. Definitions. Give as applicable. § 948.10(1), Fla....
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Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984).

Cited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 673

...(4) The increased use of noncustodial alternatives and nonprison custodial alternatives can alleviate prison overcrowding while still providing a sufficient measure of public safety and assuring an element of punishment. Chapter 83-131, Section 2; see also Section 948.10(1), Florida Statutes (1983)....
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Mitchell v. State, 463 So. 2d 416 (Fla. 1st DCA 1985).

Cited 3 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 270

...nforced. Section 948.001(1), Florida Statutes (1983). Section 948.01(4) states that the court may place an offender in a community control program, if it appears to the court that probation is an unsuitable dispositional alternative to imprisonment. Section 948.10(1) states that community control "shall offer the courts and the Parole and Probation Commission an alternative, community-based method to punish an offender in lieu of incarceration......
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Woods v. State, 214 So. 3d 803 (Fla. 1st DCA 2017).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2017 WL 1438510, 2017 Fla. App. LEXIS 5665

terms and conditions as provided” by statute.); § 948.10, Fla. Stat. (2014) (Community control is "an alternative
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In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).

Published | Supreme Court of Florida | 2015 WL 5853925

government for purposes of this section.] § 948.10(10), Fla. Stat. *960 “Law enforcement
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Tavaris Jamal Evans v. State of Florida (Fla. Dist. Ct. App. 2020).

Published | District Court of Appeal of Florida

948.01(1)(a), (3), Fla. Stat. (2018); see also § 948.10(1), Fla. Stat. (2018) (“The Department of Corrections

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