Florida law imposes additional procedures and restrictions on certain people who are serving felony probation or community control and who meet the statutory definition of a Violent Felony Offender of Special Concern, commonly abbreviated as VFOSC.
The designation can be especially important when the person is accused of violating probation or community control. Florida law can restrict pretrial release while the alleged violation is pending and requires the court to address whether the offender poses a danger to the community.
This article explains the Florida VFOSC law, the offenses and circumstances that can lead to the designation, what can happen after an alleged probation violation, and why the designation can make a significant difference in a criminal case.
What Is a Violent Felony Offender of Special Concern?
A VFOSC is not simply anyone who has been convicted of a violent felony. Florida Statutes § 948.06(8) establishes a specific statutory definition that applies to certain people who are on felony probation or community control.
Depending on the circumstances, a person may qualify as a VFOSC if the person is on felony probation or community control because of a qualifying offense, has previously been convicted of a qualifying offense, is found to have violated supervision by committing a qualifying offense, or falls within certain statutory categories involving habitual violent felony offender, three-time violent felony offender, or sexual predator status.
The statute also defines “convicted” for purposes of the VFOSC provisions to include a determination of guilt following a trial or a plea of guilty or nolo contendere, regardless of whether adjudication was withheld.
What Offenses Qualify Under Florida’s VFOSC Law?
Florida Statutes § 948.06(8)(c) contains a specific list of qualifying offenses. The list includes certain offenses involving kidnapping and children, murder and attempted murder, manslaughter, aggravated battery, certain sexual battery offenses, certain lewd or lascivious offenses, robbery and attempted robbery, carjacking, home-invasion robbery, certain child-exploitation offenses, poisoning food or water, abuse of a dead human body, certain burglary offenses, arson, aggravated assault, aggravated stalking, aircraft piracy, certain offenses involving destructive devices or bombs, treason, and specified comparable offenses committed in another jurisdiction.
The exact statutory subsection matters. An offense that is commonly described as a “violent felony” does not necessarily qualify under the VFOSC definition. Whether the statute applies requires examination of the actual offense, subsection, date of the offense, prior record, and supervision status.
Why Does VFOSC Status Matter?
VFOSC status becomes particularly important when a person is accused of violating felony probation or community control.
Florida Statutes § 903.0351 generally prohibits bail or other pretrial release before resolution of the probation-violation or community-control-violation hearing for a person who qualifies as a VFOSC. The statute contains an exception when the alleged violation is based solely on failure to pay costs or fines or make restitution payments.
This is a major distinction from an ordinary probation violation. A person should not assume that a traditional bond hearing will operate the same way when the statutory VFOSC provisions apply.
Can a VFOSC Get Bond on a Probation Violation?
Generally, Florida law does not permit pretrial release for a VFOSC while an applicable felony probation or community-control violation is pending.
Section 903.0351 also addresses certain other people who are on felony probation or community control and are arrested for a qualifying offense, including people with certain prior habitual violent felony offender, three-time violent felony offender, or sexual predator classifications.
The statutory exception for a violation based solely on failure to pay costs, fines, or restitution is important. The precise basis for the alleged violation therefore matters.
What Happens at a VFOSC Violation Hearing?
When the special VFOSC provisions apply, the court must conduct the applicable violation-of-probation or community-control process. The offender is entitled to be heard and to have counsel.
The court must make findings concerning whether the offender poses a danger to the community. The statutory framework requires the court to consider relevant circumstances, including the nature and circumstances of the alleged violation, new offenses, the offender’s conduct and criminal history, conduct while on probation or community control, conduct during previous supervision, disciplinary records from incarceration, amenability to nonincarcerative sanctions, the weight of the evidence, and other relevant facts.
The danger-to-the-community determination can therefore become a central issue in the disposition of a VFOSC violation.
What If the Court Finds That a VFOSC Is a Danger to the Community?
Under § 948.06(8), if the court finds that a VFOSC poses a danger to the community, the statute provides that the court shall revoke probation and sentence the offender up to the statutory maximum, or longer when otherwise permitted by law.
This does not mean that every person who has VFOSC status automatically receives the maximum sentence. The statutory process requires the court to address the alleged violation and make the required findings.
What If the Court Finds That the Offender Is Not a Danger to the Community?
If the court determines that the offender does not pose a danger to the community, the statute provides the court with several possible dispositions. Depending on the circumstances and applicable law, the court may revoke, modify, or continue probation; revoke, modify, or continue community control; or place the probationer into community control.
Consequently, VFOSC status does not mean that incarceration is automatically required in every case. The facts surrounding the alleged violation and the court’s statutory findings can be critical.
Does the VFOSC Law Apply to Technical Violations?
Florida’s probation statutes contain alternative sanctioning provisions for certain low-risk and moderate-risk technical violations. However, the statutory provisions for mandatory modification or continuation of probation for certain low-risk technical violations expressly exclude probationers who qualify as violent felony offenders of special concern.
That means VFOSC status can matter even when the alleged violation is not a new violent felony.
Does Being a VFOSC Mean the Person Is Guilty of a New Crime?
No. A VFOSC designation and an allegation of a probation violation are not the same thing as a conviction for a new criminal offense.
A person accused of violating probation or community control has the right to contest the alleged violation through the applicable court process. The special VFOSC statutes establish additional procedures and consequences; they do not eliminate the need for the State to establish an alleged violation under the applicable legal standard.
How Is VFOSC Status Identified?
Florida law also contains procedures intended to make VFOSC information available to courts at first appearance and subsequent hearings. Section 948.064 requires the Department of Corrections to maintain identification information concerning VFOSCs under community supervision and requires specified criminal-history and criminal-justice information to be provided to the court at first appearance in applicable cases.
The State Attorney is also required to advise the court at critical stages of the judicial process when the statutory VFOSC or related categories apply.
How Can VFOSC Status Affect Sentencing?
VFOSC status can also affect Florida’s Criminal Punishment Code scoring. Section 921.0024 provides special community-sanction-violation points for a VFOSC. For specified violations that do not include a new felony conviction and are not based solely on failure to pay costs, fines, or restitution, 12 community-sanction-violation points are assessed. When the violation includes a new felony conviction, 24 points are assessed.
Because sentencing scores can affect the applicable sentencing range, the VFOSC classification can have consequences beyond the immediate probation-violation hearing.
What Issues Should a Defense Attorney Examine?
A VFOSC case can require careful review of the underlying conviction, supervision order, prior record, alleged violation, and statutory dates. Issues may include:
- Whether the person actually meets the statutory definition of a VFOSC;
- Whether the underlying or alleged new offense is one of the statute’s qualifying offenses;
- Whether the dates of the relevant offenses satisfy the statutory requirements;
- Whether the State has established the alleged probation or community-control violation;
- Whether the evidence supporting the alleged violation is sufficient and reliable;
- Whether the statutory danger-to-the-community factors support a finding of danger;
- Whether the person is amenable to nonincarcerative sanctions;
- The person’s history and conduct while on supervision;
- Whether the alleged violation is based solely on failure to pay costs, fines, or restitution; and
- What disposition may be available if the court does not find the person to be a danger to the community.
These questions are highly dependent on the facts of the individual case.
What Should You Do After a VFOSC Probation Violation Arrest?
If you or a family member has been arrested for an alleged probation or community-control violation and may qualify as a VFOSC, several issues should be addressed promptly:
- Determine whether VFOSC status actually applies. Review the underlying conviction, prior convictions, supervision status, and the specific offense involved.
- Identify the exact alleged violation. The legal consequences can depend on whether the allegation involves a new qualifying offense, another supervision violation, or solely an unpaid financial obligation.
- Review the evidence supporting the violation. The defense should examine the violation report, warrant, new criminal allegations, witness information, and other available evidence.
- Prepare for the violation hearing. The court’s required findings concerning danger to the community can be an important part of the case.
- Consider the available dispositions. If the court does not find the offender to be a danger to the community, Florida law provides several potential alternatives to revocation depending on the circumstances.
VFOSC Cases in Sarasota County
If you or a family member is on felony probation or community control in Sarasota County and has been arrested for an alleged violation, it is important to determine quickly whether the Violent Felony Offender of Special Concern provisions apply.
The designation can affect the person’s ability to obtain pretrial release while the violation is pending, the procedures followed by the court, the findings the court must make, and potentially the sentencing consequences.
For information about probation violations generally, see our Florida probation violation defense page. You can also learn more about Florida felony charges and our Sarasota criminal defense attorney services.
Frequently Asked Questions About VFOSC in Florida
What does VFOSC stand for?
VFOSC stands for Violent Felony Offender of Special Concern. It is a statutory classification under Florida’s probation and community-control laws.
Can a VFOSC be released while a probation violation is pending?
Generally, no. Section 903.0351 restricts bail and other forms of pretrial release for a VFOSC before resolution of the applicable probation-violation or community-control-violation hearing. The statute contains an exception for a violation based solely on failure to pay costs, fines, or restitution.
Does every violent felony make someone a VFOSC?
No. Florida law establishes a specific definition and a specific list of qualifying offenses. The actual offense and statutory subsection must be examined.
Can a VFOSC probation violation result in prison?
Yes. If the court finds that a VFOSC poses a danger to the community, § 948.06 provides for revocation of probation and sentencing up to the statutory maximum, or longer when otherwise permitted by law.
Is a person automatically sentenced to prison because of VFOSC status?
No. The court must follow the applicable violation process and make the required findings. If the court does not find the offender to be a danger to the community, the statute provides other potential dispositions.
Where is Florida’s VFOSC law found?
The primary VFOSC provisions are found in Florida Statutes § 948.06(8). Related provisions concerning restrictions on pretrial release are found in § 903.0351, notification is addressed in § 948.064, and sentencing-score consequences are addressed in § 921.0024.
Contact a Sarasota Criminal Defense Attorney
A probation violation involving a Violent Felony Offender of Special Concern can present substantially different issues from an ordinary probation violation.
If you or someone you care about has been arrested for an alleged probation or community-control violation in Sarasota County, an attorney can review the underlying conviction, supervision order, alleged violation, criminal history, and applicable statutes to determine how the VFOSC provisions may apply.
Attorney Jeffrey A. Haynes represents clients facing criminal charges and probation violations in Sarasota and throughout Florida.
This article provides general information about Florida law and is not legal advice. Florida statutes and case law can change, and the law applicable to a particular case depends on its facts.
