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. 948.101

948.101 Terms and conditions of community control.—

(1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. The court shall require intensive supervision and surveillance for an offender placed into community control, which may include, but is not limited to:

(a) Specified contact with the parole and probation officer.

(b) Confinement to an agreed-upon residence during hours away from employment and public service activities.

(d) Supervision by the Department of Corrections by means of an electronic monitoring device or system.

(e) The standard conditions of probation set forth in s. 948.03.

(2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, or a residential treatment facility owned or operated by any entity providing such services.

History.—s. 16, ch. 83-131; s. 5, ch. 87-211; s. 37, ch. 89-526; s. 4, ch. 91-280; ss. 14, 15, ch. 93-227; s. 17, ch. 96-322; ss. 11, 15, ch. 2004-373; s. 30, ch. 2008-172; s. 20, ch. 2010-64; s. 13, ch. 2010-113; s. 30, ch. 2016-224; s. 12, ch. 2017-115.

Note.—Subsection (1) former s. 948.03(2); subsection (3) former s. 948.01(14).

F.S. 948.101 on Google Scholar

F.S. 948.101 on Casetext

Amendments to 948.101

Arrestable Offenses / Crimes under Fla. Stat. 948.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.101.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . Florida Statutes. (16) You shall submit to the taking of a digitized photograph as required by section 948.101 . . . GENERAL CONDITIONS: [List the general conditions of community control pursuant to section 948.101, Florida . . .

LAVENDER, v. STATE, 203 So. 3d 969 (Fla. Dist. Ct. App. 2016)

. . . Here, the requirement of maintaining a daily activity log is not statutorily authorized under sections 948.101 . . . electronic monitoring is a standard condition of probation that need not be orally pronounced, see § 948.101 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . Florida Statutes. (16) You shall submit to the taking of a digitized photograph as required by Srection 948.101 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

. . . Specific references to sections 948.03 and 948.101, Florida Statutes, are included because these statutes . . . , Florida Statutes. (16) You shall submit to the taking of a digitized photograph as required by s. 948.101 . . .

ASHLEY, v. STATE, 925 So. 2d 1117 (Fla. Dist. Ct. App. 2006)

. . . See § 948.101(a)(2), Fla. Stat. (2004); see also Fisher v. . . .