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
What the judge must actually do
“Modify or continue” is not the same as reinstating probation untouched. Two things follow:
| § 948.06(2)(f)2. | On modifying probation, the court may add up to 90 days in county jail as a special condition of probation. |
| § 948.06(2)(f)3. | If fewer than 90 days of supervision remain, the court may instead revoke probation and impose up to 90 days in county jail — notwithstanding the scoresheet under § 921.0024. |
| § 948.06(2)(f)4. | For a jail sentence under this paragraph, credit is limited to time served since the most recent arrest for the violation, and the total may not exceed the § 775.082 maximum. |
So a qualifying probationer is protected from a prison sentence, not from jail.