Can I Travel Out of Florida While on Probation?
Yes, you may travel out of Florida while on probation, but it is not a right. It is a privilege that requires getting formal, written permission from your probation officer (PO) or the court before you make any travel plans. Simply deciding to leave your approved judicial district without permission is a technical violation of your probation terms and carries consequences.
Under Fla. Stat. § 948.03, one of the standard conditions of probation is that you must “remain within a specified place.” Leaving this area, whether it’s your county or the state, without authorization breaks that condition. A violation, even a technical one, could lead to the full revocation of your probation and imprisonment. This is outlined in Fla. Stat. § 948.06, which gives the court the power to send you to jail or prison for the original sentence that was suspended.
There is a correct way to handle travel requests, but it demands a serious attention to detail. Leaving things to chance is a gamble with your freedom.
If you have any questions about your specific probation conditions or need to request permission to travel, call Stroleny Law at (305) 615-1285 to understand your options and ensure you are protecting your rights.
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Key Takeaways for Traveling on Probation in Florida
- You must get written permission before you travel. Verbal approval is not enough, and leaving your designated area without a formal travel permit is a violation that could lead to your arrest and probation revocation.
- The reason and documentation for your trip matter. Travel for significant life events or employment, backed by verifiable proof like invitations or employer letters, has a much higher chance of approval than a vacation.
- Moving to another state requires a formal transfer process. You cannot simply move; you must apply through the Interstate Compact (ICAOS) and wait for approval from both Florida and the receiving state, a process that takes several weeks or months.
What Happens If You Travel Without Permission? The Risks Are Real
You have a valid reason to travel, such as a family wedding, a job interview, or a medical appointment. But you are on probation, and the rules feel restrictive. The temptation to just go, thinking no one will find out, is strong. However, the consequences of traveling without authorization are severe and unravel all the progress you have made.
Immediate Arrest Warrant
The moment your probation officer discovers you’ve traveled without permission, they are likely to file a Violation of Probation (VOP) affidavit with the court. A judge will almost certainly sign a warrant for your arrest. In most VOP cases, there is no bond, which means you will be held in jail until your VOP hearing.
Probation Revocation
The most significant risk is having your probation completely revoked, which means the judge cancels your probation and has the power to impose the original sentence that was suspended. Simply put, you could be sent to jail or prison for the maximum term allowed for your original charge. All the time you successfully served on probation could be erased in an instant.
Loss of Trust and Stricter Conditions
Even if your probation isn’t fully revoked, a travel violation destroys any trust you have built with your PO and the court. If the judge decides to reinstate your probation, you will likely face much harsher conditions. This may include expensive GPS ankle monitoring, a more restrictive curfew, more frequent and random drug testing, or mandated classes and counseling sessions.
The Step-by-Step Process for Requesting Travel Permission
You have a wedding to attend in another state, a family member who needs your care, or a once-in-a-lifetime job opportunity across the country. How do you turn that possibility into a court-approved reality? The process depends entirely on where you want to go and for what reason.
1. Traveling Within Florida (But Outside Your County)
Many people are surprised to learn that even travel within the state is restricted. According to Florida Administrative Code 33-302.106, you cannot travel outside your county of residence without getting prior consent from your probation officer.
The Request:
- Give Advance Notice: Contact your PO at least two weeks before your planned travel dates. Do not wait until the last minute.
- Provide Full Details: You must be prepared to submit your request in writing with specific, verifiable information. This includes:
- Exact dates of your travel.
- The full address where you will be staying.
- Names and phone numbers of the people you will be with.
- A clear and honest reason for your travel.
- Get it in Writing: If your PO approves the request, insist on a written travel permit. A verbal “okay” is not enough to protect you. This written permit is your only proof that you had authorization to travel.
2. Traveling Outside of Florida (Domestic Travel)
Requesting to leave the state is a more involved process and will be examined more closely by your probation officer. The key here is providing a compelling reason and backing it up with proof.
The Request:
- Longer Advance Notice: You should notify your PO at least 30 days before your intended travel. For those on federal probation in the Southern District of Florida, travel is typically not permitted at all within the first 60 days of supervision.
- Strong Justification: The reason for your travel must be significant. Work-related obligations, major family events like a wedding or funeral, or a necessary medical procedure are more likely to be approved than a general vacation.
- Provide Verifiable Documentation: You must prove your reason.
- Work: A formal letter from your employer on company letterhead explaining the necessity of the trip.
- Family Event: A copy of a wedding invitation, a funeral notice, or a letter from a doctor regarding a family member’s serious illness.
- Medical: Appointment confirmations and correspondence from the out-of-state medical provider.
- The Travel Permit: As with in-state travel, you must receive a formal, signed travel permit before you leave. Carry this document with you at all times during your trip.
3. Requesting International Travel
This is, by far, the most difficult type of travel to get approved and is frequently denied. Leaving the country while on probation is a significant legal undertaking that requires more than just your PO’s permission.
- Requires Court Approval: In nearly every case, international travel must be approved by the judge who sentenced you. Your PO may support the request, but they cannot grant it on their own. The request must be made via a formal motion to the court.
- Extra-Long Advance Notice: You should begin this process at least 6-8 weeks before your planned trip. Federal courts require a minimum of six weeks’ notice for international travel requests.
- Exceptional Circumstances: Approval is almost exclusively granted for extraordinary and verifiable reasons, such as the terminal illness or death of an immediate family member abroad.
- Logistical Hurdles: Even if the court grants you permission, many countries will deny entry to individuals who have a criminal record, particularly a felony conviction.
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Moving to Another State? Understanding the Interstate Compact (ICAOS)
A short trip for a specific event is one thing; permanently relocating to another state is another matter entirely. You cannot simply move and inform your probation officer after the fact. Doing so is considered absconding and will trigger a warrant for your arrest. The entire process is governed by a formal agreement called the Interstate Compact for Adult Offender Supervision (ICAOS).
ICAOS is an agreement between all 50 states that establishes the rules for transferring probation supervision across state lines.
Who is Eligible?
- You generally must have more than 90 days of supervision remaining.
- You must have a valid reason for the transfer that the receiving state is willing to accept. This typically means you have family residing there who will support you, or you have a confirmed job offer.
- You must be in substantial compliance with your current probation terms in Florida. Any recent violations will likely disqualify you.
The Transfer Process:
- Initiate the Request with Your PO: The process always starts in Florida. You must formally request a transfer through your PO, who will provide you with the necessary application packet.
- Investigation by Both States: Your PO will investigate your proposed relocation plan. If Florida approves it, they will send a formal transfer request to the receiving state. The receiving state then conducts its own independent investigation to determine if they will accept you for supervision.
- You Must Wait in Florida: This is the most important part of the process. You cannot move until you have received official written approval from both Florida and the receiving state. This process takes several weeks or even a few months.
- Approval Is Not Guaranteed: The receiving state has the right to deny your transfer request. They will assess your criminal history, your proposed living situation, and whether you meet their criteria for supervision. If you need to transfer your probation, having a probation violation attorney assist with the application helps ensure it is complete and compelling.
What Factors Does a Probation Officer or Judge Consider for Travel?
When you submit a travel request, your probation officer and, if necessary, a judge evaluate it as a measure of your progress and trustworthiness. They are ultimately assessing risk: the risk of you failing to return, committing a new offense, or otherwise violating your probation.
They will be looking closely at these key areas:
- Your Compliance History: This is the single most important factor. Have you been a model probationer? Have you paid all your court-ordered fines and restitution on time? Have you attended every single meeting with your PO? Have you passed all of your drug tests? A perfect or near-perfect record of compliance is your best argument.
- The Nature of Your Offense: The underlying crime for which you are on probation matters. A request from someone on probation for a non-violent offense or a misdemeanor will be viewed more favorably than a request from someone convicted of a serious, violent felony.
- The Reason for Travel: As we mentioned previously, the “why” is a significant factor. Is your trip for a verifiable and important life event, or is it for a frivolous reason? A request to attend your sibling’s graduation will carry much more weight than a request to go to a music festival.
- Your Destination: Where you plan to go is also part of the risk assessment. Traveling to a neighboring state to care for a sick parent is viewed very differently than a proposed trip to Las Vegas or a country known as a hub for drug trafficking.
- Your Proposed Itinerary: A clear, detailed, and verifiable plan shows that you are responsible and taking the request seriously. A vague request to “be out of town for a few days next month” will almost certainly be denied. You need to provide exact dates, addresses, and contact information.
Don’t Let a Simple Travel Mistake Cost You Your Freedom
You do not have to guess what the rules are or risk your freedom on a misunderstanding. The process for requesting travel is clearly defined by law, but it is strict and leaves no room for error. A poorly prepared request, a last-minute trip, or a decision to leave without authorization undoes all the hard work and progress you have made on supervision.
At Stroleny Law, we help clients present clear, documented, and persuasive travel requests to their probation officers and to the court. Our role is to make sure your request is taken seriously and has the best possible chance of being approved, allowing you to handle your life’s obligations without jeopardizing your liberty.
If you are on probation in Florida and need to travel, do not take a chance. Let us review the specifics of your probation order and guide you through the correct legal process. Call Stroleny Law today at (305) 615-1285 for a consultation.
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Frequently Asked Questions About Florida Probation Travel
Can I go on a cruise while on probation?
This is extremely unlikely to be approved. As soon as a cruise ship enters international waters (even if it departs from and returns to Miami), you have legally left the country. This requires court approval for international travel, which, as noted, is very rarely granted except in the most extraordinary circumstances.
What about “unsupervised” or “administrative” probation?
Even if you are on a less intensive form of supervision, the condition to remain within your judicial district almost always still applies. Never assume you are permitted to travel just because you don’t have to report to a PO in person. The specific written order of your probation is the controlling document. You must check the exact terms of your sentence before making any plans.
What if I have a true family emergency and no time to get permission?
The strictly legal answer is that you still need permission before you leave. In a true life-or-death emergency, your very first step should be to call your probation officer and your attorney immediately. Explain the situation and provide whatever proof you have. There might be a way to get emergency verbal permission, but leaving without making any contact is considered absconding and will result in a warrant.
Does having a lawyer help me get travel permission?
If your travel request is complicated, such as needing to move to another state through ICAOS, or if it requires a formal motion to be filed with the court, an attorney’s help is invaluable. A lawyer ensures your request is framed in the most persuasive way possible, helps you gather all the necessary supporting documentation, and advocates on your behalf directly with the prosecutor and the judge if your PO is unwilling or unable to grant permission on their own.
Do these rules apply to both felony and misdemeanor probation?
Yes. While the conditions and intensity of felony probation are generally much stricter than for a misdemeanor, the core rule is the same: you cannot leave the specified jurisdiction without getting permission first. The primary difference will be the level of scrutiny your request receives and the likelihood of approval.