Florida’s house arrest rules fall under a sentence called community control, which keeps you confined to an approved residence during every hour you aren’t at work or performing court-ordered public service, enforced by electronic monitoring and unannounced visits from a supervising officer. The term cannot exceed two years or the prison sentence the judge could have imposed, whichever is shorter.1Justia Law. Florida Code 948.01 – When Court May Place Defendant on Probation or Into Community Control Breaking the rules can send you to prison for the full underlying sentence, with no credit for time already served on community control.
How Community Control Differs From Probation
Florida law defines community control as intensive supervised custody in the community, with surveillance on weekends and holidays and officer caseloads capped at 25 people. That small caseload is the point. Your officer has the time to show up at your door without warning and confirm you’re where you’re supposed to be. Standard probation officers carry far larger caseloads and far less direct oversight.
The program is built for people who would otherwise be heading to prison. A judge can order community control for any felony defendant when standard probation looks too lenient given the offense or the person’s record.1Justia Law. Florida Code 948.01 – When Court May Place Defendant on Probation or Into Community Control The only hard statutory exclusion is an offense punishable by death. There is no rule limiting community control to first-time or non-violent offenders.
Before placing someone on community control, the court weighs two questions: is the person unlikely to commit further crimes, and do justice and public welfare actually require imprisonment right now? If the answers point toward supervision instead of prison, the judge has discretion to order it.1Justia Law. Florida Code 948.01 – When Court May Place Defendant on Probation or Into Community Control The sanctions must also be proportional to the offense, so a low-level felony won’t carry the same restrictions as an aggravated one.
The Rules You Have to Live Under
Community control conditions come from two layers of statute working together: the specific terms in Section 948.101 and the standard probation conditions in Section 948.03 that automatically attach. Together they govern almost every part of daily life.
Home Confinement and Public Service
The core rule is confinement to the residence the court has approved during every hour you are not at work or performing court-ordered public service.2Florida Senate. Florida Code 948.101 – Terms and Conditions of Community Control You cannot leave to run errands, visit friends, or go anywhere else without specific authorization from your officer. Mandatory public service is standard. Regular contact with your community control officer, on a schedule the officer sets, is required.
The court may also add any further conditions it considers appropriate. If the judge imposes incarceration as part of the community control sentence, that jail time cannot exceed 364 days and must be served in a county facility, a probation and restitution center, or a residential treatment facility.2Florida Senate. Florida Code 948.101 – Terms and Conditions of Community Control Conditions can be modified or rescinded by the court at any point during the term.
Standard Conditions That Also Apply
Because community control pulls in the standard probation conditions, you also have to:
- Report to your officer as directed. Remote reporting is allowed if your officer approves it and the court has not excluded that option.
- Allow home visits by your officer at any time, without advance notice, at home or elsewhere.
- Hold suitable employment to the extent you reasonably can.
- Stay inside the geographic area the court has specified.
- Live without breaking any law. An arrest or credible evidence of illegal conduct can trigger a violation, with no new conviction required.
- Pay restitution to the victim unless the court finds compelling reasons otherwise.
- Avoid associating with people engaged in criminal activity.
- Submit to random drug and alcohol testing. If your offense involved controlled substances, testing is mandatory throughout the entire term.
Some offenses carry additional statutory conditions. Certain sex offenses, for example, require a curfew from 10 p.m. to 6 a.m. (adjustable for work), a no-contact order protecting the victim, and other tailored restrictions.3Online Sunshine. Florida Code 948.03 – Terms and Conditions of Probation or Community Control
Electronic Monitoring
Electronic monitoring is one of the conditions the court can impose, and in practice it is nearly universal on community control. The Department of Corrections manages the system. The device detects when you leave the approved area, and a central computer holds your authorized schedule. When the equipment registers movement out of range, it checks the time against the schedule, and any unauthorized absence generates an alert.
Tampering with or removing a monitoring device is treated as a serious violation. Legitimate technical glitches do happen, and your officer is responsible for distinguishing equipment failures from genuine violations, but the practical burden sits with you: report problems immediately rather than wait and hope the alert gets explained later.
What It Costs You
Community control is not free. Florida law requires a monthly supervision cost paid to the Department of Corrections, set by the court and capped at the actual daily cost of your supervision. Felony offenders also pay a $2 per month surcharge. If you cannot afford these payments, the court must consider alternatives to imprisonment, but you have to prove inability to pay by clear and convincing evidence.
Beyond supervision fees, financial obligations may include restitution, court costs, attorney fee assessments, and any fines the judge imposes. Falling behind on restitution or supervision costs can itself become grounds for a violation hearing, though the court is required to explore alternatives before incarcerating someone solely for failure to pay.4Justia Law. Florida Code 948.06 – Violation of Probation or Community Control, Revocation, Modification, Continuance
What Counts as a Violation and What the Judge Can Do
Violations are handled under the procedures that also govern probation violations, and the consequences can be severe. Any law enforcement officer or probation officer with reasonable grounds to believe you have violated a material condition can arrest you without a warrant and bring you before the sentencing court.4Justia Law. Florida Code 948.06 – Violation of Probation or Community Control, Revocation, Modification, Continuance The judge can also issue an arrest warrant based on an affidavit or, in less serious cases, a notice to appear.
The Hearing
Once you’re before the court, the judge informs you of the alleged violation. If you admit it, the court can immediately revoke, modify, or continue community control. If you deny it, you have the right to a full hearing where you can appear in person or with a lawyer.4Justia Law. Florida Code 948.06 – Violation of Probation or Community Control, Revocation, Modification, Continuance Between the initial appearance and the hearing, the court decides whether to hold you in custody or release you with or without bail.
Possible Outcomes
After the hearing, the judge can:
- Continue community control, either because the violation wasn’t serious enough to warrant changes or because the charge is dismissed.
- Modify conditions, tightening restrictions, adding requirements like treatment, or increasing monitoring.
- Revoke community control and impose any sentence that could have been ordered originally, up to the maximum prison term for the underlying offense.4Justia Law. Florida Code 948.06 – Violation of Probation or Community Control, Revocation, Modification, Continuance
One detail catches people off guard. Time served on community control does not count toward a later prison sentence. If you complete 18 months on community control and it then gets revoked, the judge can impose the full prison term as if those 18 months never happened.4Justia Law. Florida Code 948.06 – Violation of Probation or Community Control, Revocation, Modification, Continuance That reality makes compliance much more consequential than it may seem at sentencing.
Judges can also impose a split sentence that combines a jail term with community control. In one version you serve jail first and then move to community control; in another, you serve community control first with jail waiting at the end, which the court can eliminate if you complete the supervision successfully.5Florida Senate. Florida Code 948.012 – Split Sentence of Probation or Community Control and Imprisonment
How Long It Lasts, and Getting Off Early
Community control cannot run longer than two years or the prison sentence the court could have imposed, whichever is shorter.1Justia Law. Florida Code 948.01 – When Court May Place Defendant on Probation or Into Community Control For most third-degree felonies, which carry a five-year maximum, the cap is two years. For lower-level offenses where the maximum sentence is under two years, the term is capped at that shorter length.
Getting off early works differently than it does on probation. The mandatory early termination provision in Section 948.04 that requires courts to release compliant probationers after half the term does not apply to community control.6Online Sunshine. Florida Code 948.04 – Period of Probation, Community Control, or Other Court-Ordered Supervision, Early Termination Instead, if you complete all the sanctions in your community control plan before the term expires, the Department of Corrections can petition the court to discharge you or to step you down to regular probation. The court weighs your compliance record, program staffing needs, and the original purpose of the sentence when deciding.
If the court does transition you from community control to probation, the clock resets for early termination purposes. Time served on community control does not count toward the halfway mark that triggers mandatory early termination of the probation term.6Online Sunshine. Florida Code 948.04 – Period of Probation, Community Control, or Other Court-Ordered Supervision, Early Termination