Different Types of Probation in Florida

Standard Probation

Probation is a form of community supervision used as an alternative to incarceration.  Every one who is placed on probation must adhere to the standard condition of probation. The terms and conditions of probation are found under Section 948.03 of the Florida Statues. Depending on your charges or the county you are in the courts can determine the specific terms and conditions you must follow on top of the basic standards of probation. The standards conditions of probation under Florida law are as follows:

  • Report to the probation supervisor as directed by the court
  • Allow the probation officer to visit the probationer’s home, place of employment, or other places
  • Remain gainfully employed in a suitable job
  • Stay within a specific area, such as within county or state limits
  • Do not break any new laws
  • Make restitution to any parties who were harmed by the crime
  • Financially support one’s dependents
  • Do not associate with any people who are engaged in criminal activities
  • Willingly submit to random drug and/or alcohol testing
  • Do not possess, own, or carry any firearms
  • Do not use any controlled substances unless they were lawfully prescribed by a doctor

Administrative Probation

Administrative probation is very similar to standard probation. The main difference is they go unsupervised. The only way to violate administrative probation is to be arrested or charged with a new crime.

Drug Offender Probation

Drug offender probation is found to be more strict than standard probation. Drug offender probation can be recommended with charges that are related to a controlled substance (possession, sale, intent to sell, etc.) It can also be recommended in cases such as theft, dealing in stolen property, and other crimes where there is an indication the underlying cause for the crime is a drug addiction.

Sex Offender probation

The most serious sexually motivated crimes can result in lengthy prison sentences followed by a long term of probation. More serious charges include sexual battery, lewd and lascivious molestation or charges for possession of child pornography. Conditions of sex offender probation can include:

  • A mandatory curfew from 10 p.m. to 6 a.m.
  • The defendant shall not live within 1,000 feet of a school, daycare center, park, play ground, or other place where children regularly congregate
  • Enroll in a sex offender treatment program
  • No contact with the victim
  • No contact with a child under the age of 18 unless approved by the court
  • No working or volunteering with children at any school, day care center, pet store, library, zoo, or other place where children regularly congregate
  • Do not view, own or posses any obscene, pornographic, or sexual stimulating visual or auditory material
  • No access to the internet or other computer service until a sex offender treatment program completes a risk assessment and approves and implements a safety plan for the offender
  • Provide a DNA sample to the Florida Department of Law Enforcement to be registered with the DNA data bank
  • Make restitution to the victim for all necessary medical and related professional services relating to physical, psychiatric, and psychological care
  • Submit to polygraph examinations
  • Driving log and travel restrictions
  • No post office box without prior approval
  • Submit for HIV testing
  • Submit to mandatory electronic monitoring
  • Pay court cost, fines, and other expenses
  • Submit to psychological or mental health assessment
  • Submit to random drug testing
  • Perform Community service

Community Control

Community control, also known as house arrest,  is a more restrictive form of supervision than regular probation and is subject to very close supervision by a probation office. Additional sanctions may include:

  • GPS monitoring
  • Curfews
  • inability to leave a residence without prior permission

Standard Probation

Probation is a form of community supervision used as an alternative to incarceration.  Every one who is placed on probation must adhere to the standard condition of probation. The terms and conditions of probation are found under Section 948.03 of the Florida Statues. Depending on your charges or the county you are in the courts can determine the specific terms and conditions you must follow on top of the basic standards of probation. The standards conditions of probation under Florida law are as follows:

  • Report to the probation supervisor as directed by the court
  • Allow the probation officer to visit the probationer’s home, place of employment, or other places
  • Remain gainfully employed in a suitable job
  • Stay within a specific area, such as within county or state limits
  • Do not break any new laws
  • Make restitution to any parties who were harmed by the crime
  • Financially support one’s dependents
  • Do not associate with any people who are engaged in criminal activities
  • Willingly submit to random drug and/or alcohol testing
  • Do not possess, own, or carry any firearms
  • Do not use any controlled substances unless they were lawfully prescribed by a doctor

Administrative Probation

Administrative probation is very similar to standard probation. The main difference is they go unsupervised. The only way to violate administrative probation is to be arrested or charged with a new crime.

Drug Offender Probation

Drug offender probation is found to be more strict than standard probation. Drug offender probation can be recommended with charges that are related to a controlled substance (possession, sale, intent to sell, etc.) It can also be recommended in cases such as theft, dealing in stolen property, and other crimes where there is an indication the underlying cause for the crime is a drug addiction.

Sex Offender probation

The most serious sexually motivated crimes can result in lengthy prison sentences followed by a long term of probation. More serious charges include sexual battery, lewd and lascivious molestation or charges for possession of child pornography. Conditions of sex offender probation can include:

  • A mandatory curfew from 10 p.m. to 6 a.m.
  • The defendant shall not live within 1,000 feet of a school, daycare center, park, play ground, or other place where children regularly congregate
  • Enroll in a sex offender treatment program
  • No contact with the victim
  • No contact with a child under the age of 18 unless approved by the court
  • No working or volunteering with children at any school, day care center, pet store, library, zoo, or other place where children regularly congregate
  • Do not view, own or posses any obscene, pornographic, or sexual stimulating visual or auditory material
  • No access to the internet or other computer service until a sex offender treatment program completes a risk assessment and approves and implements a safety plan for the offender
  • Provide a DNA sample to the Florida Department of Law Enforcement to be registered with the DNA data bank
  • Make restitution to the victim for all necessary medical and related professional services relating to physical, psychiatric, and psychological care
  • Submit to polygraph examinations
  • Driving log and travel restrictions
  • No post office box without prior approval
  • Submit for HIV testing
  • Submit to mandatory electronic monitoring
  • Pay court cost, fines, and other expenses
  • Submit to psychological or mental health assessment
  • Submit to random drug testing
  • Perform Community service

Community Control

Community control, also known as house arrest,  is a more restrictive form of supervision than regular probation and is subject to very close supervision by a probation office. Additional sanctions may include:

  • GPS monitoring
  • Curfews
  • inability to leave a residence without prior permission