A probation violation in Florida occurs when an individual fails to comply with any of the specific terms and conditions set by the court as part of their probation supervision. This can lead to serious consequences, including arrest and potential revocation of probation, which may result in serving the original sentence in jail or prison. 

Types of Violations

There are two main types of probation violations:

• Substantive Violations: These occur when a probationer is charged with a new criminal offense while under supervision.

• Technical Violations: These are failures to follow specific rules of probation that are not necessarily new crimes. Common technical violations include:

  • Failing a drug or alcohol test.

  • Failing to report to a probation officer as scheduled.

  • Failing to pay fines, restitution, or court costs.

  • Failing to complete required community service hours.

  • Changing residence without the probation officer's permission.

  • Possessing a firearm or dangerous weapon (unless specifically permitted).

  • Leaving the county or state without permission.

  • Associating with individuals engaged in criminal activity. 

The Violation Process

1. Arrest: A probation officer will usually file an Affidavit of Violation of Probation (VOP), and the court will issue a warrant for the probationer's arrest.

2. No Bond: VOP warrants typically do not allow for a bond, meaning the individual usually remains in custody until a hearing.

3. VOP Hearing: Unlike a new criminal trial, a VOP hearing has a lower standard of proof. The judge only needs to find that the violation occurred based on a "preponderance of the evidence," rather than "beyond a reasonable doubt."

4. Sentencing: If a violation is proven, the judge can impose sanctions ranging from reinstating probation with stricter conditions to revoking the probation entirely and imposing the original sentence. The judge has significant discretion in determining the penalty. 

Potential Consequences

• Reinstatement of Probation: The probation is continued, possibly with added conditions like a residential treatment program or stricter reporting.

• Modification of Terms: The court may impose tougher conditions, such as electronic monitoring (ankle monitor) or increased community service.

• Revocation of Probation: The judge terminates probation and imposes a new sentence, which can include the full original period of incarceration that was initially withheld. For some VOPs in Florida, certain sanctions are mandatory. 

Individuals facing VOP charges can obtain information about their supervision status by contacting their specific probation officer or accessing information via the Florida Department of Corrections (FDC) Offender Information Search portal.