If you’re dealing with the Florida criminal justice system, you’ve probably heard the terms parole and probation—and maybe even used them interchangeably. But they’re not the same thing, and understanding the difference could affect your rights, your options, and your freedom.
Parole is not granted to offenders who committed crimes after specific legislative changes in 1983, thereby narrowing the pool of eligible inmates significantly to those whose offenses occurred before that date.
This guide from the law office of Mike G Law breaks down parole vs. probation in Florida: what each term means, how they’re applied, who qualifies, what the consequences are for violations, and why it matters if you’re facing criminal charges or have a loved one doing time.
What Is Probation in Florida?
Probation is a form of community supervision ordered by the court, usually as part of a sentence. Probation rules in Florida are outlined in Chapter 948 of the Florida Statutes, which detail the legal framework and conditions for probation rules. It allows individuals to stay in the community instead of serving time in jail or prison, as long as they follow specific court-ordered conditions.
How Probation Works
If a judge believes someone doesn’t need to be incarcerated, they may sentence that person to probation, which is a form of court-ordered supervision that allows individuals to stay in the community instead of serving time in jail or prison. This could follow a guilty plea, a conviction, or as part of a plea deal. Probation is typically supervised by the Florida Department of Corrections through a probation officer assigned to your case.
Common Conditions of Probation
- Reporting regularly to a probation officer
- Attending counseling or treatment programs
- Submitting to drug testing
- Paying fines or restitution
- Performing community service
- Obeying all laws
- Maintaining employment
These conditions are typically part of supervised probation, which involves regular monitoring by a probation officer to ensure compliance with court conditions. The conditions, which may include random drug testing, vary based on the crime and the judge’s discretion. Failure to meet these conditions can lead to a violation of probation (VOP), which is taken seriously in Florida.
What Happens if You Violate Probation?
If you’re accused of probation violations, the court can issue a warrant for your arrest. You could face:
- Revocation of probation
- A jail or prison sentence
- Harsher probation terms
Unlike a new criminal charge, the burden of proof in a VOP hearing is much lower than “beyond a reasonable doubt”. This makes a strong legal defense critical from an experienced criminal defense and probation violation attorney like Mike G Law.
What Is Parole in Florida?
Parole is the early release of a prison inmate before the full sentence has been served. Florida’s parole system is governed by Florida Statutes Chapter 947, which places authority over parole decisions in the hands of the Florida Commission on Offender Review (FCOR).
Florida is unique: parole has been largely eliminated for most inmates sentenced for crimes committed on or after October 1, 1983. This is due to the state’s implementation of “truth-in-sentencing” laws and the elimination of parole for most offenders. While parole is not generally available with few exceptions, Florida does have mechanisms for early release, such as gain time for good behavior and compassionate release for certain medical conditions.
Conditions of Parole
Parole is a form of conditional early release, where individuals must meet specific criteria and adhere to conditions to avoid returning to prison. Violation of parole terms can send you back to prison to finish the rest of your sentence.
In the rare cases of granted parole, individuals must:
- Report to a parole officer regularly
- Comply with restrictions like curfews or movement limits
- Avoid contact with victims in certain cases
- Remain arrest-free
Parole vs. Probation in Florida: The Key Differences
While both probation and parole allow individuals to live outside a prison or jail, they have different requirements and conditions under Florida law. Here’s how they differ in practice under Florida law.
1. When It’s Granted
- Probation is given instead of prison sentences, usually at sentencing.
- Parole is granted after a person has served part of their prison sentence.
2. Who Grants It
- Probation is decided by courts during sentencing, where a judge evaluates the defendant’s background and the nature of the offense.
- Parole is granted (rarely) by the Florida Commission on Offender Review.
3. Eligibility
- Probation is available to many non-violent and first-time offenders, but it depends on the criminal case and sentencing guidelines. Individuals must refrain from criminal activity to maintain eligibility for probation or parole.
4. Supervision
- Probation is supervised by probation officers under the Department of Corrections.
- Parole is supervised by parole officers, with conditions enforced by the Parole Commission.
5. Legal Implications for Violations
- Probation violation can lead to immediate arrest and sentencing up to the maximum for the original crime. Violating the conditions of probation or parole can lead to serious consequences, including potential revocation and additional legal proceedings.
- Parole violation can result in being sent back to prison to finish the original sentence.
Real-World Case Examples in Florida
Michael Lohan: Probation Violation Leads to Jail Time
In 2022, Michael Lohan (father of actress Lindsay Lohan) received probation for patient brokering charges in Florida. But after a new arrest in Texas in 2025, he violated the terms of his probation. The court sentenced him to serve nine months in jail.
His case is a reminder: probation in Florida isn’t a free pass. A misstep—even in another state—can land you behind bars, resulting in additional prison time.
Lionel Tate: Parole Ineligibility Due to Sentencing Date
Lionel Tate was sentenced to life without parole in 2001 for a crime he committed at age 13. His case drew national attention and later led to a reduction in his sentence. But due to when the crime occurred and changes in Florida law, he still wasn’t eligible for parole under current statutes.
Lionel Tate’s case highlights how sentencing dates directly affect parole options in Florida. Additionally, his case highlights the limitations of conditional release under current Florida statutes.
Get a Free Case Evaluation from Tampa Criminal Defense Attorney Mike G Law
Whether you’re facing a probation violation, hoping to modify your terms, or need guidance on a complicated case involving old parole statutes, experience matters. Legal representation is crucial in avoiding further criminal activity and ensuring compliance with probation or parole conditions.
Mike G Law is a Tampa criminal defense attorney who brings decades of experience, including work as a former Assistant State Attorney. He understands how prosecutors think and how to build a strong, strategic defense.
If you’re navigating the criminal justice system in Florida—especially in Tampa or the surrounding areas—you don’t have to face it alone. Mike G Law is ready to help you fight aggressively for your rights.
Call Mike G Law today for a free consultation.
FAQs About Parole and Probation in Florida
Can probation be modified or ended early?
Potentially. In many cases, Mike G might be able to file a motion to modify the terms of probation or seek early termination if you’ve complied with all conditions. Judges may approve this if you demonstrate rehabilitation and pose no further threat.
Administrative probation has fewer restrictions and oversight compared to supervised probation, making it a potential option for early termination.
Is parole still an option in Florida?
Only in rare cases. If you were convicted before October 1, 1983, and meet strict criteria, you may be eligible. Parole is a form of restricted release, available only to a small fraction of inmates convicted. For everyone else, parole is not available due to Florida’s sentencing reforms.
What happens if I violate probation or parole?
You may be arrested immediately. For probation, the court could reinstate, modify, or revoke it entirely and potentially send you to jail or prison. For parole, you’ll likely be returned to prison to serve out your sentence.
What’s the difference between community control and probation?
Community control (also called house arrest) is a stricter form of supervision than probation. Offenders are monitored very closely, often confined to their homes with limited permission to leave and an ankle monitor. It’s used for more serious offenses when the court doesn’t want to impose incarceration but still needs strict oversight. Community control involves specific rules, such as regular meetings with supervisors and maintaining stable employment.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney to discuss the specifics of your case.
