(1)  "Administrative probation" means a form of non-contact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be placed by the Department of Corrections on non-reporting status until expiration of the term of supervision. The department is authorized to collect an initial processing fee of up to $50 for each probationer reduced to administrative probation. Such offender is exempt from further payment for cost of supervision as required in s. 948.09.

(2)  "Community control" means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or non-institutional residential placement and specific sanctions are imposed and enforced.

(3)  "Criminal quarantine community control" means intensive supervision, by officers with restricted caseloads, with a condition of 24-hour-per-day electronic monitoring, and a condition of confinement to a designated residence during designated hours.

(4)  "Drug offender probation" means a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads. Caseloads should be restricted to a maximum of 50 cases per officer in order to ensure an adequate level of staffing.

(5)  "Probation" means a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03.

(6)  "Community residential drug punishment center" means a residential drug punishment center designated by the Department of Corrections. The Department of Corrections shall adopt rules as necessary to define and operate such a center.

(7)  "Sex offender probation" or "sex offender community control" means a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training. An officer who supervises an offender placed on sex offender probation or sex offender community control must meet as necessary with a treatment provider and polygraph examiner to develop and implement the supervision and treatment plan, if a treatment provider and polygraph examiner specially trained in the treatment and monitoring of sex offenders are reasonably available.

Violations of Probation

The term "probation" is used to indicate any type of supervision listed above.  For purposes of this website we will just use the word "probation" to refer to all the forms of supervision.  There is not much difference between a first violation of probation in Florida and violating probation  a second time.  You can violate general conditions of probation (technical violations), special conditions of probation (technical violations), or you can violate by being accused of committing a new crime (substantive violation).  Technical violations are numerous and are often for:

Not filing a monthly report (absconding).

Moving from residence without notifying your supervision officer.

Use of intoxicants in excess (as evidenced by a positive or "dirty" urinalysis).

Committing some illegal behavior (as evidenced by a dirty urinalysis).

Substantive violations of probation are those that involve a new criminal offense being charged against you.  This is typically listed as a condition 5 violation.  Any new offense committed will result in a violation.

Often times there are defenses to violations of probation.  The first thing you must remember is to never admit to a violation.  Admitting that you have violated your probation usually eliminates most defenses you may have had.

The most important thing to remember is, even if you believe you will be violated, always report to your supervision officer as scheduled.  Being afraid that you would be violated is not a defense to not reporting.  If you have been arrested you must truthfully fill out your monthly report.  Failing to report and/or lying on your monthly report (Blue Form) are sure ways to being found in violation of your probation.

SPECIAL CONDITIONS OF PROBATION AND COMMUNITY CONTROL

Special conditions are those things that the judge requires a probationer to do while on probation other than the general conditions.  This includes paying fines or court costs, community service, counseling, classes, etc.  These conditions must be specifically told to the person put on probation and can be found on the paperwork given to you at court that orders you to probation or community control.

Bond Hearings for Violations of Probation

The biggest myth is that the first urinalysis does not count.  This is completely wrong.  It is sometimes true that a probation officer will refer a probationer who has tested positive to drug counseling without violating him or her - but this is only due to the good nature of the judge and probation officer.  Many judges require probation officers to violate people for all dirty urines.  Moreover, drug testing is a GENERAL CONDITION of probation.  This means it does not have to be specifically ordered by the Judge for the probation officer to test you.

The biggest mistake that a person on probation or community control makes is failing to report to his or her probation officer or community control officer each month.  This is the one violation that will most often put a person in jail or prison.  There is absolutely no excuse for failing to report to your probation or community control officer and there is a corresponding lack of defense.  Fear of being arrested is no excuse either. 

Falsifying a monthly report is also a quick way to be found in violation and sentenced to incarceration.  If you falsify a monthly report it will be only a matter of time before you are violated.  Advice: Always fill out monthly reports honestly.  Yes, it may require your PO to violate you but it builds your character before the judge.