Florida Statutes
Chapter 948 - Probation and Community Control
948.09 - Payment for Cost of Supervision and Other Monetary Obligations.




(1)(a)1. Any person ordered by the court, the Department of Corrections, or the Florida Commission on Offender Review to be placed under supervision under this chapter, chapter 944, chapter 945, chapter 947, or chapter 958, or in a pretrial intervention program, must, as a condition of any placement, pay the department a total sum of money equal to the total month or portion of a month of supervision times the court-ordered amount, but not to exceed the actual per diem cost of the supervision. The department shall adopt rules by which an offender who pays in full and in advance of regular termination of supervision may receive a reduction in the amount due. The rules shall incorporate provisions by which the offender’s ability to pay is linked to an established written payment plan. Funds collected from felony offenders may be used to offset costs of the Department of Corrections associated with community supervision programs, subject to appropriation by the Legislature.
2. In addition to any other contribution or surcharge imposed by this section, each felony offender assessed under this paragraph shall pay a $2-per-month surcharge to the department. The surcharge shall be deemed to be paid only after the full amount of any monthly payment required by the established written payment plan has been collected by the department. These funds shall be used by the department to pay for correctional probation officers’ training and equipment, including radios, and firearms training, firearms, and attendant equipment necessary to train and equip officers who choose to carry a concealed firearm while on duty. This subparagraph does not limit the department’s authority to determine who shall be authorized to carry a concealed firearm while on duty, or limit the right of a correctional probation officer to carry a personal firearm approved by the department.

(b) Any person placed on misdemeanor probation by a county court must contribute not less than $40 per month, as decided by the sentencing court, to the court-approved public or private entity providing misdemeanor supervision.

(2) Any person being electronically monitored by the department as a result of being placed on supervision shall pay the department for electronic monitoring services at a rate that may not exceed the full cost of the monitoring service in addition to the cost of supervision as directed by the sentencing court. The funds collected under this subsection shall be deposited in the General Revenue Fund. The department may exempt a person from paying all or any part of the costs of the electronic monitoring service if it finds that any of the factors listed in subsection (3) exist.
(3) Any failure to pay contribution as required under this section may constitute a ground for the revocation of supervision by the court or by the Florida Commission on Offender Review, the revocation of control release by the Control Release Authority, or the removal from the pretrial intervention program by the state attorney. The Department of Corrections may exempt a person from the payment of all or any part of the contribution if it finds any of the following factors:
(a) The offender has diligently attempted, but has been unable, to obtain or maintain employment that provides him or her sufficient income to make such payments.
(b) The offender is a student in a school, college, university, or course of career training designed to fit the student for gainful employment. Certification of such student status shall be supplied to the offender’s probation officer by the educational institution in which the offender is enrolled.
(c) The offender has an employment handicap, as determined by a physical, psychological, or psychiatric examination.
(d) The offender’s age prevents him or her from obtaining employment.
(e) The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender.
(f) The offender has been transferred outside the state under an interstate compact adopted pursuant to chapter 949.

(4) As a condition of an interstate compact adopted pursuant to chapter 949, the department shall require each out-of-state probationer or parolee transferred to this state to contribute not less than $30 or more than the cost of supervision, certified by the Department of Corrections, per month to defray the cost incurred by this state as a result of providing supervision and rehabilitation during the period of supervision.
(5) In addition to any other required contributions, the department, at its discretion, may require offenders under any form of supervision to submit to and pay for urinalysis testing to identify drug usage as part of the rehabilitation program. Any failure to make such payment, or participate, may be considered a ground for revocation by the court, the Florida Commission on Offender Review, or the Control Release Authority, or for removal from the pretrial intervention program by the state attorney. The department may exempt a person from such payment if it determines that any of the factors specified in subsection (3) exist.
(6) The department shall establish a payment plan for all costs ordered by the courts for collection by the department and a priority order for payments, except that victim restitution payments authorized under s. 948.03(1)(f) take precedence over all other court-ordered payments. The department is not required to disburse cumulative amounts of less than $10 to individual payees established on this payment plan.
History.—s. 18, ch. 74-112; s. 2, ch. 76-238; s. 1, ch. 77-321; s. 1, ch. 77-428; s. 1, ch. 78-368; s. 100, ch. 79-3; s. 1, ch. 84-337; s. 10, ch. 85-340; ss. 58, 73, ch. 88-122; s. 7, ch. 89-526; s. 6, ch. 90-337; s. 1, ch. 91-225; s. 7, ch. 91-280; s. 2, ch. 92-298; s. 4, ch. 94-265; s. 1, ch. 94-290; s. 41, ch. 95-283; s. 51, ch. 96-312; s. 1878, ch. 97-102; s. 8, ch. 98-388; s. 16, ch. 2001-242; s. 5, ch. 2004-251; s. 65, ch. 2004-357; s. 29, ch. 2004-373; s. 150, ch. 2005-2; s. 11, ch. 2009-63; s. 19, ch. 2010-64; s. 50, ch. 2014-191; s. 10, ch. 2017-115.
Note.—Former s. 945.30.

Structure Florida Statutes

Florida Statutes

Title XLVII - Criminal Procedure and Corrections

Chapter 948 - Probation and Community Control

948.001 - Definitions.

948.01 - When Court May Place Defendant on Probation or Into Community Control.

948.011 - When Court May Impose Fine and Place on Probation or Into Community Control as an Alternative to Imprisonment.

948.012 - Split Sentence of Probation or Community Control and Imprisonment.

948.013 - Administrative Probation.

948.014 - Requirement to Submit to Drawing of Blood or Other Biological Specimens.

948.015 - Presentence Investigation Reports.

948.03 - Terms and Conditions of Probation.

948.031 - Condition of Probation or Community Control; Community Service.

948.032 - Condition of Probation; Restitution.

948.033 - Condition of Probation or Community Control; Criminal Gang.

948.035 - Residential Treatment as a Condition of Probation or Community Control.

948.036 - Work Programs as a Condition of Probation, Community Control, or Other Court-Ordered Community Supervision.

948.037 - Education and Learning as a Condition of Probation or Community Control.

948.038 - Batterers’ Intervention Program as a Condition of Probation, Community Control, or Other Court-Ordered Community Supervision.

948.039 - Special Terms and Conditions of Probation or Community Control Imposed by Court Order.

948.04 - Period of Probation; Duty of Probationer; Early Termination; Conversion of Term.

948.041 - Notification of Outstanding Terms of Sentence Upon Termination of Probation or Community Control.

948.05 - Court to Admonish or Commend Probationer or Offender in Community Control; Graduated Incentives.

948.06 - Violation of Probation or Community Control; Revocation; Modification; Continuance; Failure to Pay Restitution or Cost of Supervision.

948.061 - Identifying, Assessing, and Monitoring High-Risk Sex Offenders on Community Supervision; Providing Cumulative Criminal and Supervision Histories on the Internet.

948.062 - Reviewing and Reporting Serious Offenses Committed by Offenders Placed on Probation or Community Control.

948.063 - Violations of Probation or Community Control by Designated Sexual Offenders and Sexual Predators.

948.064 - Notification of Status as a Violent Felony Offender of Special Concern.

948.08 - Pretrial Intervention Program.

948.081 - Community Court Programs.

948.09 - Payment for Cost of Supervision and Other Monetary Obligations.

948.10 - Community Control Programs; Home Confinement.

948.101 - Terms and Conditions of Community Control.

948.11 - Electronic Monitoring Devices.

948.12 - Intensive Supervision for Postprison Release of Violent Offenders.

948.15 - Misdemeanor Probation Services.

948.16 - Misdemeanor Pretrial Substance Abuse Education and Treatment Intervention Program; Misdemeanor Pretrial Veterans’ Treatment Intervention Program; Misdemeanor Pretrial Mental Health Court Program.

948.20 - Drug Offender Probation.

948.21 - Condition of Probation or Community Control; Military Servicemembers and Veterans.

948.30 - Additional Terms and Conditions of Probation or Community Control for Certain Sex Offenses.

948.31 - Evaluation and Treatment of Sexual Predators and Offenders on Probation or Community Control.

948.32 - Requirements of Law Enforcement Agency Upon Arrest of Persons for Certain Sex Offenses.

948.51 - Community Corrections Assistance to Counties or County Consortiums.

948.90 - Local Offender Advisory Councils.