Reflects Florida Statutes current through the 2026 session and reported decisions through 2025. § 948.06 was amended in 2026 (ch. 2026-18, ch. 2026-20), but only to rename “child pornography” to “child sexual abuse material” in the list of qualifying offenses — the mandatory-reinstatement provision discussed here is unchanged. Every statute cite links to the official text on Online Sunshine, which opens in a new window.
Florida law does contain a provision that strips a judge of discretion and requires reinstatement of probation after a violation. It is § 948.06(2)(f)1., Fla. Stat. But it is considerably narrower than “a first technical violation,” and most of the litigation under it turns on that gap.
← First Probation Violation in Florida
If the probationer is a VFOSC — § 948.06(8)
Condition (b) above excludes anyone who qualifies as a violent felony offender of special concern. That exclusion matters twice over: it removes the mandatory-reinstatement protection entirely, and it replaces it with a markedly harsher set of rules. VFOSC is not a sentencing enhancement — it is a designation that applies when a person on felony probation or community control violates that supervision, and it changes how the violation must be handled.
Who qualifies — § 948.06(8)(b). A person on felony probation or community control who: is supervised for a qualifying offense; has a prior conviction for one; violates by committing one; or has already been found to be a habitual violent felony offender, a three-time violent felony offender, or a sexual predator and then commits a qualifying offense.
The qualifying offenses — § 948.06(8)(c). This list is its own. It does not track the § 775.084 enhancement lists — see Florida Minimum Mandatory Sentences for those:
- Kidnapping or attempted kidnapping (§ 787.01); false imprisonment of a child under 13 (§ 787.02(3)); luring or enticing a child (§ 787.025(2)(b) or (c))
- Murder or attempted murder (§ 782.04); attempted felony murder (§ 782.051); manslaughter (§ 782.07)
- Aggravated battery or attempted aggravated battery (§ 784.045)
- Sexual battery or attempted sexual battery (§ 794.011(2), (3), (4), or (8)(b) or (c))
- Lewd or lascivious battery (§ 800.04(4)); molestation (§ 800.04(5)(b) or (c)2.); conduct (§ 800.04(6)(b)); exhibition (§ 800.04(7)(b)); exhibition on computer (§ 847.0135(5)(b))
- Robbery (§ 812.13); carjacking (§ 812.133); home invasion robbery (§ 812.135) — or attempts
- Lewd or lascivious offense upon or in the presence of an elderly or disabled person (§ 825.1025)
- Sexual performance by a child (§ 827.071)
- Computer pornography (§ 847.0135(2) or (3)); transmission of child sexual abuse material (§ 847.0137); selling or buying of minors (§ 847.0145)
- Poisoning food or water (§ 859.01)
- Abuse of a dead human body (§ 872.06)
- Any first- or second-degree felony burglary or attempted burglary (§ 810.02(2) or (3))
- Arson or attempted arson (§ 806.01(1))
- Aggravated assault (§ 784.021)
- Aggravated stalking (§ 784.048(3), (4), (5), or (7))
- Aircraft piracy (§ 860.16)
- Unlawful throwing, placing, or discharging of a destructive device or bomb (§ 790.161(2), (3), or (4))
- Treason (§ 876.32)
- Any offense committed in another jurisdiction which would be one of the above if committed in Florida
Effect — § 948.06(8)(d)–(g). On a violation of probation, the court must make written findings as to whether the offender poses a danger to the community. If the court finds the offender is a danger, it must revoke probation and may impose any sentence it could have originally imposed. A VFOSC is also generally held without bail pending the violation hearing.