Florida/Georgia Personal Injury & Workers Compensation

incarceration as a condition of probation. Section 948.01, Florida Statutes (1979), authorizes the trial

...The government relies on Florida law to inform its interpretation. Chapter 948 of the Florida Statutes, entitled “Probation and Community Control,” defines probation as “a form of community supervision requiring specified contacts with parole and probation officers.” Fla. Stat. § 948.001(5)....

...The same 8 statute defines community control as “a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads.” Fla. Stat. § 948.001(2)....

allowed by the trial court sub judice pursuant to Section 948.01(1) without an actual adjudication of guilt

...[10] when he committed this crime. Trotter had previously been convicted and sentenced for burglary and robbery. His sentence was community control which he was serving when he committed this homicide. Community control and probation are defined in section 948.001, Florida Statutes (1985): (1) "Community control" means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads....

...overcrowding while still providing a sufficient measure of public safety and assuring an element of punishment." Id. § 2(4) (emphasis added). Probation is the noncustodial alternative, while community control is the nonprison custodial alternative. § 948.001....

great public importance: DO THE PROVISIONS OF SECTION 948.01, FLORIDA STATUTES (1989), AUTHORIZE THE IMPOSITION

...overcrowding while still providing a sufficient measure of public safety and assuring an element of punishment." Id. § 2(4) (emphasis added). Probation is the noncustodial alternative, while community control is the nonprison custodial alternative. § 948.001....

...rime . . . and their status as chronic substance abusers." Id. at 24. As defined by statute, drug offender probation is "a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans." § 948.001(4), Fla....

...eed to comply with the requirements of drug offender probation—"a form of intensive supervision which emphasizes treatment of drug offenders in accordance with *237 individualized treatment plans administered by officers with restricted caseloads." § 948.001(4), Fla....

SENTENCE STAYED AND WITHHELD (AS PERMITTED BY § 948.01(4), FLA. STAT., F.S.A.), UPON REVOCATION OF THE

imposed under Florida's split sentencing statute, Section 948.01(4), Florida Statutes (1975), must be within

...We conclude *1066 that the modification order did not violate the double jeopardy clause. To begin with, probation is "a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03." § 948.001(2), Fla....

order of probation entered the same date. F.S. Section 948.01(1), F.S.A. The order of probation was for a

split sentence since, at the time of the crime, Section 948.01(4), Florida Statutes (1971), did not allow

sentencing options available at that time. In section 948.01(6),[[1]] the legislature empowers trial courts

...Community control is “a form of intensive, supervised custody in the community, . . . in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.” Fla. Stat. § 948.001....

to withhold adjudication and order probation. § 948.01, Fla. Stat. (1981). Moreover, where drug charges

jail split-sentence situation provided in F.S. Section 948.01(4), F.S.A., and in Florida the trial judge

F.3d 1297, 1298 (11th Cir. 2005). Under Florida Statute 948.01(2), the district court has the discretionary

probation, the trial court withheld imposing sentence. § 948.01(3), Fla. Stat. (1983). Probation does not constitute

In doing so the judge acted pursuant to F.S. Section 948.01, F.S.A. It is this order which is before us

appellant on probation pursuant to the authority of § 948.01(4), Fla. Stat., F.S.A., which reads as follows:

withholding adjudication pursuant to Florida Statute § 948.01. Orellanes’s lawyer in the state court proceeding

presently suffer the penalty imposed by law... ." § 948.01(3), Fla. Stat. (1975). The required findings under

persons 18 years of age and older." [4] Fla. Stat. § 948.01.

imposition of a sentence may be deferred. F.S. § 948.01(3), F.S.A., provides that "* * * if it appears

commission for the duration of such probation * *", § 948.01(3), Fla. Stat. 1957, F.S.A. So that there could

revoking probation. Instead, the court interpreted section 948.01(4), Florida Statutes,[7] which states that

calendar years. Notwithstanding the provisions of section 948.01, adjudication of guilt or imposition of sentence

to engage in a criminal course of conduct. See § 948.01(3), Fla. Stat. (1987). On the other hand, section

that because a trial court may, pursuant to section 948.01, Florida Statutes (1995), withhold an adjudication

presently suffer the penalty imposed by law." § 948.01(2), Fla. Stat. (1997). The "penalty" is generally

adjudicated guilty." Fla. R.Crim. P. 3.790(a); see also § 948.01(2) Fla. Stat. (2006). Thus, Peters contends that

withdrawn following conviction of a felony, Fla. Stat. § 948.01(1), F.S.A. allows a court to hear and determine

was pointed out that the authority granted by § 948.01(4) Fla. Stat., F.S.A. to add a period of probation

generally, Chapter 948, Florida Statutes 1951, F.S.A. § 948.01(3), because section 7 also provides that when

conduct to be punishable as a felony, and because § 948.01, Fla. Stat., allows this Court to withhold adjudication

...It is defined as "a form of intensive, supervised custody in the community," pursuant to which an offender's "freedom . . . is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced." § 948.001(2), Fla....

...icers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced." § 948.001(2), Fla....

...set forth in section 948.03, Florida Statutes (Supp.1994), which pertain to "probation" and "community control." He alleges that drug offender probation is separate and distinct from probation and community control since it is defined separately in section 948.001, Florida Statutes (1993), and, therefore, was required to be orally pronounced....

either unknown or unnoticed by the trial court, section 948.01(1), Florida Statutes (1951), prohibited the

...However, none of these cases interpreting section 948.06 involve terms of community control in excess of 2 years, but instead involve revocation of probation and resentencing to incarceration. There is clearly a distinction between probation and community control. Section 948.001(2), Florida Statutes (1991) defines community control as: "[A] form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted case-loads....

remanded. NOTES [1] Fla.R.Crim.P. 3.380(a). [2] § 948.01(4), Fla. Stat. (1979).

...side at a community residential drug punishment center." § 948.034(1)(a), Fla. Stat. (Supp.1998). "Placement of an offender at a community residential drug punishment center is subject to budgetary considerations and availability of bed space." Id. Section 948.001(6), Florida Statutes (Supp.1998), defines a "community residential drug punishment center" as a "residential drug punishment center designated by the Department of Corrections." The record in this case reflects that the probation and...

error even if not raised at the trial court.[2] Section 948.01, Florida Statutes (1973), which permits the

probation provided that the requirements of section 948.01(2), Florida Statutes (1997), are met. See also

...ach offense for which he is sentenced where he was under legal constraint at the time of the offense. AFFIRMED. DANIEL, C.J., and SHARP, J., concur. NOTES [1] § 812.13(2)(c) Florida Statutes (1987). [2] § 784.021(1)(b) Florida Statutes (1987). [3] § 948.001(1) Florida Statutes (1987).

...5th DCA 1998); Salzano v. State, 664 So.2d 23 (Fla. 2d DCA 1995); Melecio v. State, 662 So.2d 408 (Fla. 1st DCA 1995); Gibbs v. State, 609 So.2d 76 (Fla. 1st DCA 1992). [4] Palma; Jones; Edgerton; Salzano; Gibbs. [5] Gamble; Melecio. [6] Palma. [7] Section 948.001(7), Florida Statutes (2000), provides, in pertinent part, that the emphasis of sex offender probation is treatment of the sex offender: "Sex offender probation" or "sex offender community control" means a form of intensive supervision...

valid in the first instance. The basic statute, Section 948.01, Florida Statutes 1941, and F.S.A., empowers

...der probation" on counts 3-5, following his term of incarceration on count 2. Initially the court placed the defendant on straight probation, but in the final pronouncement, he added the words "drug offender." "Drug offender probation" is defined in 948.001(4) as "a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads....

given probation, which he successfully served. Section 948.01, Fla.Stat. The district court, after a hearing

exceed the term provided by general law."). Section 948.01(4), Florida Statutes (1993), provides, in relevant

whether adjudication of guilt is withheld. See § 948.01(2), Fla. Stat.; Fla. R.Crim. P. 3.790(a). Richardson

probation or community control as permitted by section 948.01(3), Florida Statutes, is the defendant a "convicted

notwithstanding the provision of Chapter 948.01 or Section 948.01 of the Florida Statutes. 948.01 is that section

must stay and withhold imposition of sentence. Section 948.01(3), Florida Statutes (1983). In this case,

pursuant to the true split sentence authorized by section 948.01(4), Florida Statutes (1979). A close reading

a defendant placed on probation pursuant to section 948.01(4), Florida Statutes (1973), who subsequently

...retroactively). Custodial restraint has served in aggravation in Florida since the "sentence of imprisonment" circumstance was created, and enactment of community control simply extended traditional custody to include "custody in the community." See § 948.001, Fla....

being in a possession of a firearm); Fla. Stat. § 948.01(3)(a) (specifically allows the Court to revoke

alternatives provided for in Section 948.01, Florida Statutes (1975). Section 948.01, Florida Statutes, provides

"weapon," see 790.001(13). [4] We note that section 948.01(13) of the Florida Statutes (1993) authorizes

presently suffer the penalty imposed by law... ." § 948.01(3), Fla. Stat. (1981). Until the PSI is completed

sentence and place the defendant upon probation. § 948.01(1), Fla. Stat. (1979). Under Chapter 958, the

appropriate restraints on the offender's liberty. § 948.01(4)(a), Fla. Stat. (1985). This program is, in

court erred in imposing unsupervised probation. Section 948.01(3), Florida Statutes (1975), authorizes the

originally authorizing probation in Florida (now in section 948.01(3), Florida Statutes), clearly shows that the

period of probation is not authorized by Fla. Stat. § 948.01(4), F.S.A. See Williams v. State, supra; Hutchins

imprisonment of more than one year. As is permitted by Section 948.01 of the Florida Statutes, adjudication of guilt

Singleton and Grace Marie Singleton." [2] F.S. Section 948.01, F.S.A. [3] This is permitted by Section 924

followed by probation and is thereby contrary to F.S. § 948.01(4). (3) The trial court erred in denying appellant

under a true split sentence as authorized by section 948.01(4), Florida Statutes (1979), cannot equal or

added to permit the judge to operate under section 948.01(3), Florida Statutes. The Florida law forming

sentences that may be imposed pursuant to Poore and section 948.01, Florida Statutes. The sentence does not violate

passed upon the question certified."). [3] Section 948.01(2), Florida Statutes (2004), which was in effect

offender is serving a "split sentence pursuant to section 948.01," the trial court shall only order credit for

prosecuted Chong in its courts. Pursuant to Florida Statute 948.01(3), the state court withheld adjudication

defendant presently suffer the penalty imposed by law. § 948.01(3), Fla. Stat. (1989). Probation is a matter of

...tion officers can constitute a crime, 8 U.S.C. Sec. 1325, the record does not establish that the [defendant's] presence in the United States is in itself criminal." 627 So.2d at 543. Additionally, as appellant points out, the definitional section of 948.001 provides: "`Administrative probation' means a form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be placed by the Department of Corrections on nonreporting status until expiration of the term of supervision." § 948.001(1), Fla.Stat....

...Section 948.01(12), Florida Statutes (1995), provides: "The court may also impose split probation whereby, upon satisfactory completion of half the term of probation, the Department of Corrections may place the offender *1096 on administrative probation as defined in s. 948.001 for the remainder of the term of supervision." The trial court placed appellant on administrative probation so that appellant would not have to be present to be supervised....

commence until he serves his prison sentence. See § 948.01(8), Fla. Stat. (1987). See also Van Tassel v.

authorized by section 948.01(4), Florida Statutes (1973) (codified as amended at section 948.01(8), Florida

2d 490 (Fla. 1974) and cases therein cited) F.S. 948.01(4) clearly provides that the granting of probation

incarceration, whether by parole or gain-time allowances. § 948.01(8), Fla. Stat. (1989). Glass's position is that

necessarily one who has been adjudicated guilty. Section 948.01, Florida Statutes, F.S.A., specifically provides:

old practice of deferring sentencing.[3]*1284 Section 948.01(3), Florida Statutes, specifically provides

[1] This distinction derives in part from section 948.01(3), Florida Statutes (1987) which provides

answering by our supreme court. NOTES [1] Section 948.01(8), Florida Statutes (1985) provides: (8)

defendant presently suffer the penalty imposed by law. § 948.01(3), Fla. Stat. (1987). Indeed, in Shead v. State

two year incarceration is without merit. See Section 948.01(4), Florida Statutes. Judgments and sentences

...e of treatment. For example, the very definition of sex offender probation provides that it is "a form of intensive supervision . . . which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan. " § 948.001(10), Fla....

...the trial judge to specify time parameters for completion at the time of sentencing."). We agree. Sex offender treatment, like drug treatment, focuses on "rehabilitation pursuant to an individualized treatment plan." Lawson, 969 So.2d at 232; see §§ 948.001(10), 948.30(1)(c), 948.31, Fla....

probation was illegal because it was prohibited by section 948.01(12), Florida Statutes (1989), which provided

pointed out that the authority granted by Fla. Stat. § 948.01(4), F.S.A. to add a period of probation to be

considerations. We agree. The contention that § 948.01 Fla. Stat. F.S.A. — When courts may place defendant

(Fla. 1st DCA 1990).[1] The issue is whether section 948.01(8), Florida Statutes (1989), which precludes

reverse split sentence is a legal sentence under section 948.01(11), Florida Statutes (1991). However, we cannot

imprisonment[2] to be followed by three years probation. See § 948.01(4), Fla. Stat. (1979).[3] Toombs contends that

from those alternatives is that authorized by § 948.01(4), F.S., enabling the court to sentence a defendant

when there has been an adjudication of guilt. See § 948.01(2), Fla. Stat. (1995). [2] We note that Florida

...offender statute-as was the case with Lowe and the previous robbery he committed in 1987-are instead put in a "community control program ." We disagree. A simple look at the relevant statutes reveals that the definition of "community control" under section 948.001(3), Florida Statutes (2011), is virtually identical to the definition of "community control program" in section 958.03(2), Florida Statutes (2011), of the Florida Youthful Offender Act....

adjudication of guilt has been entered against him. Section 948.01, Florida Statutes (1975), permits the court

defendant's motion for new trial. NOTES [1] See section 948.01, Fla. Stat. 1963, F.S.A., which permits the

adjudication of guilt was withheld pursuant to section 948.01(3), Florida Statutes. Clinger v. State, 533

impermissible gap in sentencing in violation of section 948.01(8), Florida Statutes (1989).[1]See Gill v.

face and would be deemed valid absent Green. Section 948.01(8), Florida Statutes (1983), provides: Whenever

guilty to burglary and was sentenced under Section 948.01(4), Florida Statutes (1975) to three years

the defendant on probation or community control. § 948.01(2) and (3), Fla. Stat. (1999). See also Raulerson

appellant was "sentenced" to probation when section 948.01(3), Florida Statutes (1983), provides that

terms of community control. We conclude that section 948.01(5), Florida Statutes (1987)[1] does not limit

reconcile two separate pieces of legislation. Section 948.01(4), Florida Statutes (1979), permitted the

conduct to be punishable as a felony, and because § 948.01, Fla. Stat., allows this Court to withhold adjudication

withholding or suspending sentencing contravened section 948.01(4), Florida Statutes (1941), and was "improper"

...State, 722 So.2d 950, 950 (Fla. 4th DCA 1998)). We begin our analysis by noting that pursuant to the plea agreement, Lawson specifically agreed to submit to the requirements of drug offender probation. The contours of drug offender probation are defined by section 948.001(4), Florida *489 Statutes (2005), as "a form of intensive supervision ....

involved. The appellee argues that since a purpose of § 948.01 Fla. Stat., F.S.A., is to enable a defendant to

, F.S.A., dealing with probation, provides in § 948.01(4) that probation can not be granted except under

...fender had been committed for the offense or a period not to exceed 2 years, whichever is less. We interpret the above provision as applying to both probation and community control, since both community control and probation involve supervision. See section 948.001(2) (probation means a form of community supervision); section 948.03(2) (the court shall require intensive supervision and surveillance for an offender placed into community control)....

(Fla. 5th DCA 1988) (Cowart, J., dissenting). Section 948.01(2), Florida Statutes (1993) still provides

interpretation of F.S. § 922.051 (1971) and F.S. § 948.01(4) (1971). The first of these statutes allows

was available under a predecessor statute (section 948.01(13), Florida Statutes (Supp.1998)), as an alternative

of 3 years. Notwithstanding the provisions of § 948.01, adjudication of guilt or imposition of sentence

certified as being of great public importance: Does Section 948.01(5), Florida Statutes (Supp. 1988) limit the

conditions of probation at any time pursuant to section 948.01(5), Florida Statutes (1991), "[a]bsent proof

grant probation and to set the terms thereof. Section 948.01(3), Florida Statutes (1979), provides that

community control. The issue before us is whether Section 948.01(5), Florida Statutes (1985), limits the duration

Ackerman on drug offender probation, pursuant to section 948.01(13), Florida Statutes. Ackerman pled guilty

...hall be added whenever the defendant, at the time of the offense before the court for sentencing, was on community control. Fla.R.Crim.P. 3.701(d)(6). The rule does not distinguish between the adult sanction known as community control, as defined in section 948.001, Florida Statutes (1987), and community control programs applicable to juveniles....

less severe than incarceration. See generally § 948.01, Florida Statutes (1985). Petitioner could have

688 So.2d 1008, 1009 (Fla. 1st DCA 1997); see § 948.01(4), Fla. Stat. (1991) ("When community control

Statutes section 948.20, formerly Florida Statutes section 948.01(13), addressing drug offender probation, does

contends that upon conviction of a felony, section 948.01(3) mandates a reporting probation. We agree

State, 823 So.2d 319, 320 (Fla. 2d DCA 2002). Section 948.01(13), which authorizes drug offender probation

on probation pursuant to the provisions of Section 948.01(3) of the Florida Statutes, which reads in

See §§ 921.187, 948.01, Fla. Stat. (1987). In section 948.01(6), the legislature empowers trial courts to

but once. This is why it is imperative, as section 948.01(8), Florida Statutes contemplates, that in

is authorized. See, e.g., Fla. Stat. § 948.01; United States v. Garcia, 727 F.2d

...* * * * * * (7) Impose a split sentence whereby the offender is to be placed on probation upon completion of any specified period of such sentence, which period may include a term of years or less. The Act further defined the terms "community control" and "probation" and are set forth in Section 948.001, Florida Statutes (1983)....

...will be required in accordance with Fla.R.Cr.P. 3.701(d)(11). See also committee note to Fla.R.Cr.P. 3.701(d)(12). Except as set forth herein, the state's motion for rehearing or clarification is denied. SHIVERS and WENTWORTH, JJ., concur. NOTES [1] 948.001 Definitions....

...ment is whether the defendant's conduct in failing to participate and complete the program was willful. The parameters of sexual offender probation are statutorily defined as a form of intensive supervision with an individualized treatment plan. See § 948.001(7), Fla....

order appealed was entered pursuant to F.S. Section 948.01, F.S.A., which provides as follows: "(1) Any

community control available for any one offense. § 948.01(5), Fla. Stat. (1989). Because the total term

and was given a five year split sentence, under § 948.01(4), Fla. Stat. (1975). The trial court ordered

in Holmes appears to be an interpretation of section 948.01(4), the same is true as to youthful offenders

...probation, drug offender, on this previous charge." The state contends that this statement at the time of sentencing placing defendant on drug offender probation also put him on constructive notice of the special conditions imposed. We do not agree. Section 948.001(4), Florida Statutes (1995), which defines drug offender probation, emphasizes "individualized treatment plans" and does not reference any special conditions of probation....

...Accordingly, we strike conditions I, II, and IV, and that portion of condition III requiring defendant to pay for the cost of random drug testing. WARNER and POLEN, JJ., concur. NOTES [1] We note that the Broward County form order of probation erroneously cites to "Chapter 948.001(3) F.S." for drug offender probation. This section now contains the statutory definition for Criminal Quarantine Community Control, although this was the correct citation for drug offender probation in the 1991 Florida Statutes, see § 948.001(3), Fla.Stat....

...re on time, “does not support the conclusion that the defendant willfully or deliberately missed the meeting”). Community control is “a form of intensive, supervised custody in the community, including surveillance on weekends and holidays.” § 948.001(3), Fla....

range is any nonstate prison sanction. See also § 948.01(4), Fla. Stat. (1991). However, Thompson did not

sentence as described in, and authorized by, section 948.01(8), Florida Statutes. Although the sentence

probation pursuant to section 948.01(13), Florida Statutes (1993). Section 948.01(13)(a) provides that

948.01" if a prison sentence is not imposed. Section 948.01, Florida Statutes (2006), provides that "the

control may be imposed only for felony offenses. § 948.01(4), (8), Fla. Stat. Despite defendant's failure

Florida Rule of Criminal Procedure 3.670 and section 948.01(2), Florida Statutes (1995). In a certified

probation in regard to one of the sentences. See § 948.01(8), Fla. Stat. (1987). Our conclusion is based

period of probation is not authorized by Fla. Stat. § 948.01(4), F.S.A. See Williams v. State, Fla.App. 1973

courts must "withhold the imposition of sentence." § 948.01(3), Fla. Stat. (1983). In addition, a sentence

number 84-3690CF. Pursuant to Florida Statute § 948.01,[2] the state court "withheld adjudication" and

presently suffer the penalty imposed by law." § 948.01(2), Fla. Stat. (2018). The dissenting opinion

...upreme Court. See State v. Green, 547 So.2d 925 (Fla. 1989). *1333 Nevertheless, we reject appellant's contention that he is entitled to credit the time spent in community control supervision against his new sentence. Community control is defined in section 948.001(1), Florida Statutes (1987), as — a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads....

again to engage in a criminal course of conduct. § 948.01(3), Fla. Stat. (1987). The first reason, therefore

probation. See State v. Mestas, infra. See also § 948.01(5), Fla. Stat. (1985).

288 So.2d 490 (Fla. 1974). We find nothing in Section 948.01, Florida Statutes (1979) which authorizes a

jail split-sentence procedure described in Section 948.01 (4), Florida Statutes. In the instant case

affirmance was based on the state's argument that section 948.01(3)(a), Florida Statutes, authorized suspension

sentence for any violation of this section. Section 948.01, Florida Statutes (2007), generally allows

...The trial judge denied the defendant's motion but modified the original sentence to two years' community control followed by one year of probation. This appeal followed. We agree with the defendant that community control is a more severe sanction than probation. Section 948.001, Florida Statutes (1983), defines community control and probation as follows: (1) "Community control" means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads....

Jones v. State, 813 So.2d 22, 25 (Fla.2002) ("Section 948.01(13) [providing for drug offender probation]

probation for eighteen months. See Fla. Stat. § 948.01(4), F.S.A.; Hutchins v. State, Fla.App. 3rd 1973

years or less. (emphasis added) In addition, section 948.01(4) was amended by chapter 83-131 and renumbered

following wording: "Notwithstanding the provisions of § 948.01, adjudication of guilt or IMPOSITION OF SENTENCE

...Under the applicable rule points shall be added whenever the defendant, at the time of the offense before the court for sentencing, was on community control. Fla.R.Crim.P. 3.701(d)(6). The rule does not distinguish between the adult sanction known as community control, as defined in section 948.001, Florida Statutes (1987), and community control programs applicable to juveniles....

So.2d 161, 164 (Fla.1988) (emphasis added). Section 948.01(6), Florida Statutes (1995), provides that

adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it was in Jenkins’ case

law for the commission of a criminal offense. Section 948.01(3), Florida Statutes, provides for probation

dispositions in this case were expressly pursuant to § 948.01(3) which provides in part that the trial court

sentence stayed and withheld (as permitted by § 948.01(4) Fla. Stat., F.S.A.), upon revocation of the

the character and background of an accused. Section 948.01(2) indicates that when requested by the court

probation provided that the requirements of section 948.01(2), Florida Statutes, are met")(emphasis added);

is unauthorized by the applicable statute, section 948.01(8), Florida Statutes (1983),[1] which provides

sentenced him to a split sentence pursuant to Section 948.01(4), Florida Statutes. The sentence imposed

...rs with restricted caseloads, and, further, defined as an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced. Section 948.001(1), Florida Statutes (1983)....

find that the sentence is illegal. See Fla. Stat. § 948.01(4), F.S.A. See also Williams v. State, Fla.App

except Section 948.05, already discussed, and Section 948.01 which latter section delineates when a court

sentences is not more than one year." F.S. Section 948.01(4), F.S.A., provides: "Whenever punishment

Ch. 89-526, §§ 6, 8, 52, Laws of Florida. [1] § 948.01(4), Fla. Stat. (1981). [2] Also included as violations

again to engage in a criminal course of conduct." § 948.01(2), Fla.Stat. (1993). Thus, obedience to the law

the prior felony or the prior withholding. Section 948.01(2), Florida Statutes (2008), provides that

contends his probation was revoked contrary to Section 948.01(4), F.S. and is therefore a nullity. Careful

and the defendant placed on probation under section 948.01(3) of the Florida Statutes. Under those circumstances

563 (Fla. 1st DCA 1990). We recognize that section 948.01(8), Florida Statutes (1989), requires a period

Salvation Army or some other public or private entity. § 948.01(5), Fla. Stat. (1981). This sentencing vagary

to two years community control in each case. Section 948.01(5), Florida Statutes (Supp. 1990). There is

...e probation while confined under the Ryce Act to the custody of the Department of Children and Family Services (DCFS). [1] *1236 Appellant's sentence provided that he would be placed on probation "under supervision of the Department of Corrections." Section 948.001(5), Florida Statutes (1995), defines probation as "a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s....

pointed out that the authority granted by Fla. Stat. § 948.01(4), 24 F.S.A., to add a period of probation to

obligated to impose some form of probation. See § 948.01, Fla. Stat. (2007); and State v. Sylvio, 846 So

"sentence." This conclusion is supported by section 948.01(2) which distinguishes between probation and

placed on probation... ." (Emphasis added.) But see § 948.01(3), Fla. Stat. (1985) (when court places defendant

guilt be withheld pursuant to Florida Statutes § 948.01(3). Defendant argues that: (1) the withholding

hearings. However, in light of the constraints of section 948.01(4), Florida Statutes (1993), we must remand

and the defendant placed on probation under section 948.01(3), Florida Statutes. The statute clearly recognizes

placing him on drug offender probation. Under section 948.01(13), Florida Statutes (1993), a defendant who

sentence was in violation of Florida Statutes, Section 948.01(4), effective July 1, 1974, Laws of Florida

pronounced and should be stricken, and that section 948.01(13)(a), Florida Statutes (1993), establishing

imprisonment and part probation) is pursuant to § 948.01(4), Fla. Stat. 1975, which states as follows:

sentencing, McKendry's counsel maintained that section 948.01, Florida Statutes (1989), concerning the trial

PRECLUDE THE IMPOSITION OF COMMUNITY CONTROL UNDER SECTION 948.01, WHERE THE GUIDELINES SCORESHEET PERMITS ANY

incarceration followed by a period of probation, section 948.01(8), Florida Statutes (1987), the combined periods

950, 951. Specifically, the Court referred to section 948.01(2), Florida Statutes, which provides that when

control may be imposed only for a felony offense. § 948.01(4), (8), Fla. Stat. (1985). Accordingly, the trial

...e to the facts of this case. "Drug offender probation" is defined as "a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads." § 948.001(4), Fla....

alternative non-incarcerative forms of penance. See § 948.001(9), Fla. Stat. (2016) (" 'Probation' means a form

probation, was clearly in violation of Fla. Stat. § 948.01(4), F.S.A.[1] The state in this case, however

...he very definition of sex offender probation. We agree. “Probation” is defined as “a form of community supervision requiring specified contacts with parole and probation officers[ 1 ] and other terms and conditions as provided in s. 948.03.” § 948.001(8), Fla....

...upervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training.” § 948.001(13), Fla....

...ffender probation. We thus reverse the order appealed. Reversed and Remanded. STEVENSON, TAYLOR and DAMOORGIAN, JJ., concur. . Chapter 948 provides for "administrative probation,” which does contemplate "nonre-porting'’ status for a probationer. § 948.001(1), Fla....

...ation of section 800.04. See § 948.013(2), Fla. Stat. (2010). . The language of the relevant provisions of chapter 948 addressed in this opinion were identical at the time of the commission of the defendant’s crimes in late 1998/early 1999. See §§ 948.001(1), (5), (10), Fla....

DCA 1997).[2] Finally, Mr. Crews argues that section 948.01, Florida Statutes (2002), authorized the trial

So.2d 492, 493-94 (Fla. 2d DCA 2000); see also § 948.01(6), Fla. Stat. (1991) (subsequently renumbered

...“Probation is a creature of statute; thus, in imposing a probationary sentence, courts are limited to the authority given them by the relevant statutes.” State v. Coleman, 44 So.3d 1198, 1200 (Fla. 4th DCA 2010) (citation and internal quotations omitted). Section 948.001(1), Florida Statutes (2011), defines “administrative probation” as “a form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term, of pr...

...These conditions may include among them the following, that the probationer ... shall: (a) Report to the probation and parole supervisors as directed. We disagree with the defendant. The circuit court’s order immediately placing the defendant on administrative probation effectively negated: (1) section 948.001(1)’s requirement that the offender satisfactorily complete half the term of probation before being considered for administrative probation; and (2) the Department of Corrections’ procedures for transferring an offender to administrative probation as established under section 948.013(1)....

control on those misdemeanor charges. Pursuant to section 948.01(4), Florida Statutes, community control may

State, 541 So.2d 1140, 1141 (Fla.1989) (quoting § 948.01(3), Fla. Stat. (1985)). Senger acknowledges that

appealed'this as an illegal sentence, contending section 948.01(3), Florida Statutes (-1983), mandates reporting

and the welfare of society” appeared to require. § 948.01(2), Fla. Stat. (allowing a court to withhold sentencing

...with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, ornoninsti-tutional residential placement and specific sanctions are imposed and enforced.” Id. § 948.001(3) (emphasis added)....

statute allows for alternative sentencing under section 948.01 Florida Statutes. She points out that other

sentence as that imposed at bar is authorized by section 948.01(8). Accordingly, we certify the following question

split sentence as authorized and described in section 948.01(8), Florida Statutes.[1] The *419 underlying

...the special condition at issue in Demott. -3-  Probation, Generally The Florida Statutes governing probation are set forth in chapter 948, entitled “Probation and Community Control.” Section 948.001(8), Florida Statutes (2015), defines probation as “a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s....

again to engage in a criminal course of conduct." § 948.01(2), Fla. Stat. (1993). Thus, obedience to the

948.01" if a prison sentence is not imposed. Section 948.01, Florida Statutes (2006), provides that "the

3.790 is an adaptation of those portions of F.S. 948.01(1), (2) and (3) that pertain to the procedural

adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it was in Jenkins’ case

...Turner must recognize, Norvil and all of the other cases upon which he relies involved the trial court's improper sentencing considerations following a trial or a guilty plea on the main offense; they did not implicate a controlee's conduct during a term of "intensive, supervised custody." See § 948.001(2), Fla....

sentences. First, the legislature by enacting Section 948.01(4), Florida Statutes (1979) appears to have

a defendant's probationary sentence. See § 948.01(1) ("Any state court having original jurisdiction

shall not be suspended, deferred, or withheld. Section 948.01, Florida Statutes (2005), is the statute that

release of the defendant from incarceration.” § 948.-01(8), Fla.Stat. (1987); Horner v. State, 597 So

years’ drug offender probation pursuant to section 948.01(13), Florida *41Statutes (Supp.1998), without

State, 779 So.2d 492 (Fla. 2d DCA 2000); see also § 948.01, Fla. Stat. (2002). AFFIRMED. SAWAYA, C.J., and

the enactment of recent legislation amending section 948.01, Florida Statutes (2021) (When court may place

I is a true split sentence as described in section 948.01(8), Florida Statutes. Not only does the 15

provides: Notwithstanding the provisions of section 948.01, no court shall suspend, defer, or withhold

pronounced prior to the July 1, 1974, amendment of Section 948.01(4), Florida Statutes.4 In arguing to this court

the defendant is released from incarceration. § 948.01(6), Fla. Stat. (2001) ("The period of probation

prison to be followed by a period of probation. Section 948.01 F.S.;1 RCrP 3.790. In the case sub judice,

Procedure. The state contends, and we agree, that section 948.01(4), Florida Statutes (1979), specifically authorizes

incarceration followed by a period of probation. See Section 948.01(4), Florida Statutes (1977); State v. Jones

DCA 2000), Furthermore, under the terms of section 948.01(2), Florida Statutes (2014), the trial court

presently suffer the penalty imposed by law.” Id. § 948.01(2). But even felony defendants who have their

presently suffer the penalty imposed by law.” Id. § 948.01(2). But even felony defendants who have their

illegal sentence because it is in violation of section 948.01(8), Florida Statutes (1983), under the rationale

organization agreeing to supervise him or her. Section 948.01(1), F.S., as amended by s. 7, Ch. 90-337, Laws

between true split sentences imposed pursuant to § 948.01(4), Fla.Stat. and incarceration as a condition

defendant. Our supreme court has held that section 948.01(13) 3 is an alternative sentencing scheme independent

of ordering imprisonment or incarceration. Section 948.01(4), F.S., as amended by s 13, Ch. 83-131, provides

the terms and conditions of your probation. (Section 948.01(13) Florida Statutes).[1] *967 The issue is

...Laws Ch. 2018-105, § 2, codified at Fla. Stat. § 943.0435(9)(b) (2018). Community control is “intensive, super- vised custody in the community” that includes a term of electronic monitoring ranging from six months to two years. Id.; see Fla. Stat. § 948.001(3), (13). B. The plaintiffs alleged the following facts in their second amended complaint, which we accept as true....

withheld and have been placed on probation. See § 948.01(2), Fla. Stat. (1999).1 Therefore, the Court approves

461 So.2d 1003 (Fla. 1st DCA 1984). However, section 948.01(5) of the Florida Statutes (1989) states, in

authority to sentence him to a split sentence under Section 948.01(4), Florida Statutes, as amended effective

adjudication of guilt at sentencing, as does section 948.01(2), Florida Statutes (1995). If adjudication

Howland v. State, 420 So.2d 918 (Fla. 1st DCA 1982); § 948.01, Fla.Stat. (1989). Affirmed.

involves neither a “true split sentence” under section 948.01(8), Florida Statutes, nor a “probationary split

accepted his initial plea was precluded, under section 948.01(10), Florida Statutes (1991), from placing

BARK-ETT, JJ., concur. We further note that section 948.01(3), Florida Statutes, has been amended to delete

because the decision is based upon a reading of section 948.01(4), Florida Statutes (1981).4 This statute

community control is excessive by one year. See § 948.01(5), Fla.Stat. (1985). The net result is that the

sentence was withheld, pursuant to the authority of § 948.01 (3), Fla.Stat., F.S.A. We reverse. The evidence

...ped by the Department of Corrections, and that the probation is not proper under section 948.034(2)(b) because the program to which appellee was ordered, Turning Point Bridge, is not a designated “community drug punishment center,” as defined by section 948.001(6), Florida Statutes (1997)....

withhold adjudication of guilty, pursuant to section 948.01(2), Florida Statutes (1997), unless a withholding

sentence the court could have imposed was two years. § 948.01(4), Fla.Stat. (1991); Sipp v. State, 604 So.2d

added to permit the judge to operate under section 948.01(3), Florida Statutes. The Florida law forming

control can only be imposed for felony offenses. Section 948.01(3), Fla. Stat. (1991); See Thompson v. State

belief that he is no longer on probation.1 Section 948.01(3), Florida Statutes (1981), provides in relevant

confinement as a condition of probation. F.S. § 948.01(4) F.S.A. provides that the Court may impose a

...Although trial courts have broad discretion in fashioning the terms and conditions of probation, we agree with the Fifth District that this type of house arrest can only be imposed as a condition of community control. Coleman v. State, 564 So.2d 1238 (Fla. 5th DCA 1990). See §§ 948.001, 948.-03(2)(b), Fla.Stat....

. prior to July 1, 1974, the provisions of Section 948.01(4), Florida Statutes (1973), granted specific

“sentence.” This conclusion is supported by section 948.01(2) which distinguishes between probation and

91-225, which added subsections 11 and 12 to section 948.01, was not approved until May 29, 1991. That

the trial court was not authorized under Florida Statute 948.01(4) to place the appellant on probation

violated section 948.012(1)’s predecessor, section 948.01(8), Florida Statutes (1989). Id. Specifically

suspended portion of incarceration”); see also § 948.01(11), Fla. Stat. (1997). After the trial court

State, 541 So. 2d 1140, 1141 (Fla. 1989) (quoting § 948.01(3), Fla. Stat. (1985)). Senger acknowledges that

on the date of the offense. Question Three Section 948.01, Florida Statutes, provides that a court having

Appellant was placed on unsupervised probation. Section 948.01(3), Florida Statutes (1977) provides that a

1973, 280 So.2d 518, in which it was held that § 948.01(4) Fla.Stat., F.S.A. did not make provision for

and 10 years probation. He contends that (a) section 948.01(8), Florida Statutes (1985), prohibits the

State, 302 So.2d 430 (Fla. 4th DCA 1974). Section 948.01(3), Florida Statutes (1979), clearly states

a sentence of community control is two years. § 948.01(4), Fla.Stat., (1995). Thus, McGehee is entitled

sentencing is authorized by statute in Florida.1 § 948.01(4), Florida Statutes (1979); State v. Holmes,

did not “apply to ‘split’ sentences under Section 948.01(4) such as the one imposed on [Cronce].” We

given a true split sentence as authorized by section 948.01(4), Florida Statutes (1981), committing him

shall be provided for in the sentence.” Under Section 948.01(3), Florida Statutes (1975), the trial court

contained in Chapter 948, Florida Statutes (1977). Section 948.01(4) provides: “Whenever punishment by imprisonment

The Florida Supreme Court has also held that section 948.01(6), Florida Statutes (1995), requires the inearcerative

time that he shall be sentenced to serve. . Section 948.01(1) provides: (1) Any court of the state having

misdemeanor, and remand for resentencing. See § 948.01, Fla. Stat. (1998); Carlin v. State, 626 So.2d

...Levandoski did not file a rule 3.800(b) motion or raise a due process claim on direct appeal. This claim was first raised in a postconviction motion to strike which was ultimately treated as a rule 3.800(a) motion. See Levandoski , 217 So.3d at 218 . Section 948.001(13), Florida Statutes (2010), defines "sex offender probation" as a form of intensive supervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualize...

affirm appellee’s downward sentence pursuant to section 948.01(13), Florida Statutes (1997). However, we remand

sentences entered pursuant to s.948.01(4), F. S. Section 948.01(4) authorizes the imposition of a sentence

...Luxenburg on a seven-day term of “court-supervised” probation, which was to terminate once Mr. Luxen-burg paid his court costs. Probation is a sanction authorized upon a court’s entry of an adjudication of guilt or a withhold of adjudication. See § 948.01(2), Fla. Stat. (2007). Section 948.001(5) defines probation as “a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s....

splitting of sentence is permissible under Fla.Stat., § 948.01(4), F.S.A.

gain time or for any other reason. Pursuant to section 948.01, Florida Statutes, the duration of community

classic true “split sentence”2 authorized by section 948.01(8), Florida Statutes,3 with a “prescribed”

completion of any specified period of such sentence”); § 948.01(5), Fla. Stat. (2011) (“The imposition of sentence

of twelve years which was split, pursuant to section 948.01(4), Florida Statutes (1979), into a two-year

since the trial court had authority under F.S. Section 948.01, F.S.A., to have withheld an adjudication of

imposition of probation or community control. See § 948.01(2), Fla. Stat. (2011) (if a court withholds adjudication

placed on ‘drug offender’ probation, pursuant to section 948.01(13)(a).”). 9 The Circuit Court of the Eleventh

time of the alleged violation in May 2012. See § 948.01(4), Florida Statutes (2008) (stating that community

split sentence alternative provided for in section 948.01(4), Florida Statutes, prohibits incarceration

its construction of split sentencing under section 948.01(4), Florida Statutes, and incarceration as

again to engage in a criminal course of conduct.” § 948.01(2), Fla. Stat. (1993). Thus, obedience to the

credit for the time served on community control. Section 948.01(4), Florida Statutes (2004) provides for a

sentence as described in and authorized by section 948.01(8), Florida Statutes. As contemplated by that

(3) Notwithstanding the provisions of [section] 948.01, [Florida Statutes (2020),] with respect

...nce should be reversed, and he should be allowed to withdraw his original 2008 plea. We disagree. Administrative probation is non-reporting probation. By law, this is a type of probation that can only be imposed by the Department of Corrections. See § 948.001, Fla....

...nce should be reversed, and he should be allowed to withdraw his original 2008 plea. We disagree. Administrative probation is non-reporting probation. By law, this is a type of probation that can only be imposed by the Department of Corrections. See § 948.001, Fla....

imposed as part of a split sentence pursuant to section 948.-01(4), Florida Statutes (1979) is invalid. Accordingly

withheld when a defendant is placed on probation. See § 948.01(3), Fla.Stat. (1983). Consequently, Florida’s

withheld when a defendant is placed on probation. See § 948.01(3), Fla. Stat. (1983). Consequently, Florida’s

withheld when a defendant is placed on probation. See § 948.01(3), Fla. Stat. (1983). Consequently, Florida’s

withheld when a defendant is placed on probation. See § 948.01(3), Fla. Stat. (1983). Consequently, Florida’s

rather than the DJJ, that provides the supervision. § 948.01(1)(a), (3), Fla. Stat. (2018); see also § 948

wife, the victim of the aggravated battery. Section 948.01(7), Florida Statutes, provides that “[i]n no

regardless of whether adjudication is withheld, § 948.01(1), Fla. Stat., and the sentencing court is permitted

proceedings. In McKendry, the supreme court held that section 948.01, Florida Statues (1989), which grants trial

split sentence since, at the time of the crime, Section 948.01(4), Florida Statutes (1971), did not allow

for placing Lopez on probation is found in Section 948.01(3), Florida Statutes (1983), which gives the

the court does not impose a prison sentence. Section 948.01(2), Florida Statutes, further provides that

...Roberts v. Cochran, 140 So. 2d 597, 599 (Fla. 1962). After hearing from several witnesses and assessing their credibility, the trial court found that Appellant Brittany Nichole Rossi willfully violated her community control. 2 See generally § 948.001(3), Fla....

Florida Rule of Criminal Procedure 3.670 and section 948.01(2), Florida Statutes (1995). In a certified

probation in regard to one of the sentences. See § 948.01(8), Fla.Stat. (1987). Our conclusion is based

effectively repealed split sentences under section 948.01(4), Florida Statutes, it should be noted that

argument regarding the constitutionality of section 948.01(13)(a), Florida Statutes. First, appellee concedes

As charged in the information, pursuant to section 948.01(6), Yates had been committed to the Department

proposed by the Committee. The amendments mirror section 948.01(2), Florida Statutes, to avoid confusion about

exceed the term provided by general law.”). Section 948.01(4), Florida Statutes (1993), provides, in relevant

subsection notwithstanding the provisions of section 948.01. Therefore, because of Sanchez, the trial court’s

appellant challenges the constitutionality of section 948.01(13)(a), Florida Statutes (1993). Appellant

not apply to a split sentence entered under Section 948.01(4), Florida Statutes (Supp.1974). He contends

appellant. Specifically, appellant contends that section 948.01(13)(a), Florida Statutes (1993), is unconstitutional

CARROLL, DONALD K., and RAWLS, JJ., concur. . F.S. § 948.01, F.S.A. . Morgan v. State (Fla.App.1962), 142

neither section 921.187, Florida Statutes, nor section 948.01 expressly prohibit a sentence of community

and DOWNEY, JJ., concur. . Amending Fla.Stat. § 948.01(4) (1973).

control. The appellant argues that although section 948.01(8), Florida Statutes (1985), authorizes a split

is a “nullity and is void”. The language of F.S. 948.-01(4) makes it clear that “ . . . in order to impose

it was not a suspended sentence pursuant to Section 948.01, Florida Statutes (1975), since it was not

...We conclude that the modification order did not violate the double jeopardy clause. To begin with, probation is “a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03.” § 948.001(2), Fla....

Id., quoting (with added emphasis) Fla. Stat. § 948.01(6). At the time of Petitioner Doss's offense and

This was contrary to the authority granted by § 948.01(4) F. S. In Williams v. State, Fla.App.3rd 1973

challenged. .§ 775.082(3)(d), Fla.Stat. (1989). . § 948.01(7), Fla.Stat. (1989). . In so ruling we reject

commenced. The state relies on language in section 948.01(6), Florida Statutes, which relates to parole

two years probation was contrary to Fla.Stat. § 948.01(4) (1973). Consequently, the cause is hereby remanded

community control is an authorized sanction under section 948.01(3), Florida Statutes (1993).5 Additionally

appellee’s sentence was improper pursuant to section 948.01(10), Florida Statutes (1991), which provides:

community control. The state concedes that section 948.01(5), Florida Statutes (Supp.1986), limits the

defendant placed on probation pursuant to Florida Statute 948.01(1) is not subject to the pro*1156bation

appellant placed on probation for seven years. Section 948.01, Florida Statutes 1941, and F.S.A. *167Evidently

trial courts by the probation code, F.S.1969, section 948.01, et seq., F.S.A., there are occasions when

v. Payne, 404 So.2d 1055, 1057-58 (Fla.1981); § 948.01(3), Fla.Stat. (1989). Further, as the First District

Crawford v. State, 567 So.2d 428 (Fla. 1990); § 948.01(4), Fla. Stat. (1991). AFFIRMED IN PART; REVERSED

not limited to the guideline sentence. See section 948.01(1), Florida Statutes (1988); Addison v. State

under a true split sentence as authorized by section 948.01(4), Florida Statutes (1979), cannot equal or

alternative to the imposition of sentences. See § 948.01(3), (4), Fla. Stat. (1979); Villery v. Florida

(Fla. 5th DCA 1988) (Cowart, J., dissenting). Section 948.01(2), Florida Statutes (1993) still provides

was void as contrary to Florida Statutes, Section 948.-01. We do not agree and hold that the case of

in its discretion, withholds adjudication, section 948.01(2), Florida Statutes (2016), provides that

13(2)(a) or (6)(a), Florida Statutes (2001); and section 948.01(13), Florida Statutes (2001), does not authorize

immediately on his release from incarceration. § 948.01, Fla. Stat. (1995). There is nothing in the record

split sentence as defined and authorized in section 948.01(8), Florida Statutes, and as is exempted by

case is a true split sentence as described in section 948.01(8), Florida Statutes. Not only does the 15

This is a true split sentence as described in section 948.01(8), Florida Statutes, and the issue is whether

prior approval in writing from your officer. Section 948.01(5), Florida Statutes (1988) provides that a

PER CURIAM. AFFIRMED. Section 948.01, Florida Statutes (2000). PETERSON, THOMPSON and MONACO, JJ., concur

...State, 674 So.2d 123 (Fla.1996). AFFIRMED in part; REVERSED in part; and REMANDED. DAUKSCH, COBB and ANTOON, JJ., concur. . We do, however, lake this opportunity to clarify the issue of the existence, vel non of statutory authority for the cost provision in condition 12. Section 948.001(1), Florida Statutes (1995) dealing with probation and community control does provide that the Department of Corrections "is authorized to collect an initial processing fee of up to $50.00 for each probationer reduced to administrative probation....

...Appellant seeks review of the trial court’s order denying her rule 3.800(a) motion to correct illegal sentence. We find merit in appellant’s contentions. Accordingly, we reverse and remand with directions to vacate that portion of appellant’s five-year term of community control which exceeds two years. See § 948.001, Fla.Stat....

added to permit' the judge to operate under section 948.01(3), Florida Statutes. The Florida law forming

we remand for sentencing within the guidelines. § 948.01(11), Fla.Stat. (1991); Bell v. State, 651 So.2d

indefinite and uncertain, is not authorized by Section 948.01, Florida Stat*363utes (1987). We agree and

question as one of great public importance: Does Section 948.01(5), Florida Statutes (Supp.1988) limit the

the trial judge pursuant to the provisions of Section 948.01, Florida Statutes, F.S.A., withheld an adjudication

community control available for any one offense. § 948.01(5), Fla.Stat. (1989).' Because the total term

...chapter 948, Florida Statutes, under which a defendant placed on probation is subject to “supervision” and a defendant placed on community control is subject to “intensive, supervised custody” by a Department of Corrections probation officer. See § 948.001(2), (5), Fla. Stat....

a defendant on probation, as authorized by section 948.01(3), Florida Statutes, the probationer is entitled

years probation, is not authorized by Fla. Stat. § 948.01(4), F.S.A.; and therefore, the sentence for appellant

principles of that opinion to split sentences under section 948.01(4), Florida Statutes (1979). The order entered

sentencing Stone to community control pursuant to section 948.01(10), Florida Statutes (1991). State v. Burgos

means any term that is within the general law. See § 948.01(8), Fla.Stat. (1983); see also Davis. . §§ 810

to the criminal charges filed against him. See § 948.01(1), Fla. Stat. (authorizing probation as an alternative

defendant is deemed unlikely to reoffend, see section 948.01(2), Florida Statutes (2018), or the trial court