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
How the statute got here
The mandatory provision took effect October 1, 2019. As enacted, it said the court shall modify or continue probation when “any of the following applies” — which, read literally, would have qualified every probationer, since condition (a) is satisfied by the mere fact of being on probation.
The First and Fifth Districts applied the absurdity doctrine and read “any” as “all.” Owens v. State, 303 So. 3d 993, 997–98 (Fla. 1st DCA 2020); Kirk v. State, 303 So. 3d 604, 606 (Fla. 5th DCA 2020). Otherwise conditions (b) through (d) would be superfluous. The Legislature then ratified that reading, amending the text to “all of the following apply.” Ch. 2021-210, Laws of Fla. (HB 661), effective June 29, 2021. The current statute says “all.”
Older opinions quoting the “any” language are therefore quoting superseded text, not describing current law.