This article summarizes the law of sentencing pertaining to early termination of probation or community control in Florida state courts.
Hon. William H. Burgess, III, B.C.S.
July 10, 2024
Early termination of supervision is a tool used to encourage good behavior and faithful compliance with the terms of probation or community control. There is, however, no statutory or constitutional prohibition precluding a trial court from requiring a defendant to complete a full term of probation or community control.
Motion for Early Termination
When presented with a motion for early termination of probation or community control, the court is required to afford the movant procedural due process. At a minimum, the court must consider the motion and exercise its discretion in granting or denying the motion. In a case where the parties have entered into a plea agreement that sets forth a specific length of supervision, the court cannot avoid the issue by concluding that it lacks authority to consider the motion.1
