Category: Sentencing · Statute: F.S. 948.012 · Source: Florida Legislature
Understanding Split Sentence in Florida
Under Florida Statute Section 948.012, a split sentence is a specific sentencing structure where a judge orders a defendant to serve a designated term of confinement in either a county jail or a state prison, immediately followed by a specified period of probation or community control. This hybrid approach allows the court to impose immediate punitive confinement while ensuring the defendant remains under state supervision upon release to assist with rehabilitation and monitor compliance. If the defendant violates any condition of their probation after completing the incarceration phase, the court can revoke the probation and sentence them to additional prison time up to the statutory maximum for the original offense.
Florida courts utilize two primary types of split sentences: a "true" split sentence and a "probationary" split sentence. In a true split sentence, the judge sentences the defendant to a total prison term but suspends a portion of it in favor of probation; if probation is violated, the defendant is sent back to serve the exact suspended portion. In a probationary split sentence, the judge sentences the defendant to a term of incarceration followed by a period of probation, without pre-determining the exact suspended prison term. If a violation occurs under this model, the judge retains the discretion to resentence the defendant to any lawful term up to the maximum penalty allowed by Florida law, minus credit for time already served.
How Split Sentences Affect Bail and Pretrial Release
The prospect of a split sentence heavily influences pretrial negotiations and bail considerations. When a defendant is arrested while already serving the probation portion of a split sentence, they face a Violation of Probation (VOP) charge. Under Florida law, defendants arrested for a VOP have no constitutional right to bail. Consequently, judges frequently issue "no bond" warrants for these individuals, keeping them detained until the revocation hearing, as the court views a violation of a split sentence as a direct breach of a prior judicial leniency agreement.