Official text
Read the wording of section 948.06 as published by The Florida Senate.
What this section covers
Section 948.06 governs what happens when a person on probation or community control is alleged to have violated a condition of supervision.
How a violation case starts
- A probation officer or law enforcement officer may arrest the person without a warrant when there are reasonable grounds to believe a material violation has occurred.
- A judge may issue an arrest warrant based on a sworn affidavit of violation, or in some cases a notice to appear instead.
- Filing the affidavit and issuing the warrant pauses the running of the probation term until the court rules.
What the court may do
If the violation is admitted, or found after a hearing, the court may revoke, modify, or continue the supervision. On revocation the court may impose any sentence it could have imposed originally. The hearing is before a judge, without a jury.
Special provisions
- Low-risk technical violations. For certain technical violations, such as a missed appointment or a positive drug test, the statute provides an alternative sanctioning program and limits on revocation for eligible probationers.
- Violent felony offenders of special concern. People in this category are generally held without bail until the violation is resolved, and the court must make written findings about whether they pose a danger to the community.