Florida Statute Revised to Allow for Modification of Probation or Early Termination of Probation

Recently the Florida Legislature revised the statute dealing with probation. You may now be eligible to convert your probation to administrative probation or terminate your probation in its entirety.

To do so, a few conditions must exist. If you have not had any violations and your fines, court costs, restitution and all other obligations have been completed you can apply to your probation officer at any time to terminate your probation. No longer will you have to wait for the halfway mark or as in the First Judicial Circuit, the two-thirds mark.

Should your probation officer not want to terminate your probation you are not totally out of luck. If you have reached the halfway mark and all conditions have been satisfied and you have not had any violations and you are not a violent felony offender of special concern, you may apply to the Court for early termination if you have reached the halfway mark.

Call Glenn M. Swiatek, Criminal Defense Attorney, P.A. in Shalimar, Okaloosa County, Florida to discuss these changes to the probation statute. I service Escambia, Santa Rosa, Okaloosa and Walton Counties. I can speak to you on the phone or arrange an in office consultation to discuss a motion to terminate your probation. Contact me at 850-609-0940 or email me at [email protected].

A copy of the statute follows below:

§ 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.

Fla. Stat. § 948.04