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Florida Statute 948.1 - Full Text and Legal Analysis
Florida Statute 948.01 | Lawyer Caselaw & Research
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The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
F.S. 948.01
948.01 When court may place defendant on probation or into community control.—
(1) Any state court having original jurisdiction of criminal actions may at a time to be determined by the court, with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant in a criminal case, except for an offense punishable by death, who has been found guilty by the verdict of a jury, has entered a plea of guilty or a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.
(a) If the court places the defendant on probation or into community control for a felony, the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s. 943.13. The department may provide supervision to misdemeanor offenders sentenced or placed on probation by a circuit court when so ordered by the sentencing court. A private entity may not provide probationary or supervision services to felony offenders sentenced or placed on probation or other supervision.
(b) The department, in consultation with the Office of the State Courts Administrator, shall revise and make available to the courts uniform order of supervision forms by July 1 of each year or as necessary. The courts shall use the uniform order of supervision forms provided by the department for all persons placed on community supervision.
(2) If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt. In either case, the court shall stay and withhold the imposition of sentence upon the defendant and shall place a felony defendant upon probation. If the defendant is found guilty of a nonfelony offense as the result of a trial or entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, the court may place the defendant on probation. In addition to court costs and fees and notwithstanding any law to the contrary, the court may impose a fine authorized by law if the offender is a nonfelony offender who is not placed on probation. However, a defendant who is placed on probation for a misdemeanor may not be placed under the supervision of the department unless the circuit court was the court of original jurisdiction.
(3) If, after considering the provisions of subsection (2) and the offender’s prior record or the seriousness of the offense, it appears to the court in the case of a felony disposition that probation is an unsuitable dispositional alternative to imprisonment, the court may place the offender in a community control program as provided in s. 948.10. Or, in a case of prior disposition of a felony commitment, upon motion of the offender or the department or upon its own motion, the court may, within the period of its retained jurisdiction following commitment, suspend the further execution of the disposition and place the offender in a community control program upon such terms as the court may require. The court may consult with a local offender advisory council pursuant to s. 948.90 with respect to the placement of an offender into community control. Not later than 3 working days before the hearing on the motion, the department shall forward to the court all relevant material on the offender’s progress while in custody. If this sentencing alternative to incarceration is utilized, the court shall:
(a) Determine what community-based sanctions will be imposed in the community control plan. Community-based sanctions may include, but are not limited to, rehabilitative restitution in money or in kind, curfew, revocation or suspension of the driver license, community service, deprivation of nonessential activities or privileges, or other appropriate restraints on the offender’s liberty.
(b) After appropriate sanctions for the offense are determined, develop, approve, and order a plan of community control which contains rules, requirements, conditions, and programs that are designed to encourage noncriminal functional behavior and promote the rehabilitation of the offender and the protection of the community. If the offense was a controlled substance violation, the conditions shall include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s. 943.10(3).
(4) The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. When community control or a program of public service is ordered by the court, the duration of community control supervision or public service may not be longer than the sentence that could have been imposed if the offender had been committed for the offense or a period not to exceed 2 years, whichever is less. When restitution or public service is ordered by the court, the amount of restitution or public service may not be greater than an amount which the offender could reasonably be expected to pay or perform.
(5) The imposition of sentence may not be suspended and the defendant thereupon placed on probation or into community control unless the defendant is placed under the custody of the department or another public or private entity. A private entity may not provide probationary or supervision services to felony offenders sentenced or placed on probation or other supervision.
(6) When the court, under any of the foregoing subsections, places a defendant on probation or into community control, it may specify that the defendant serve all or part of the probationary or community control period in a community residential or nonresidential facility under the jurisdiction of the Department of Corrections or the Department of Children and Families or any public or private entity providing such services, and it shall require the payment prescribed in s. 948.09.
(7)(a) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, the sentencing court may place the defendant into a postadjudicatory treatment-based drug court program if the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer, the offense is a nonviolent felony, the defendant is amenable to substance abuse treatment, and the defendant otherwise qualifies under s. 397.334(3). The satisfactory completion of the program shall be a condition of the defendant’s probation or community control. As used in this subsection, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08.
(b) The defendant must be fully advised of the purpose of the program, and the defendant must agree to enter the program. The original sentencing court shall relinquish jurisdiction of the defendant’s case to the postadjudicatory drug court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendant’s termination from the program for failure to comply with the terms thereof, or the defendant’s sentence is completed.
(8)(a) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2016, the sentencing court may place the defendant into a postadjudicatory mental health court program if the offense is a nonviolent felony, the defendant is amenable to mental health treatment, including taking prescribed medications, and the defendant is otherwise qualified under s. 394.47892(4). The satisfactory completion of the program must be a condition of the defendant’s probation or community control. As used in this subsection, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. Defendants charged with resisting an officer with violence under s. 843.01, battery on a law enforcement officer under s. 784.07, or aggravated assault may participate in the mental health court program if the court so orders after the victim is given his or her right to provide testimony or written statement to the court as provided in s. 921.143.
(b) The defendant must be fully advised of the purpose of the mental health court program, and the defendant must agree to enter the program. The original sentencing court shall relinquish jurisdiction of the defendant’s case to the postadjudicatory mental health court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendant’s termination from the program for failure to comply with the terms thereof, or the defendant’s sentence is completed.
(c) The Department of Corrections may establish designated and trained mental health probation officers to support individuals under supervision of the mental health court program.
History.—s. 20, ch. 20519, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 59-130; s. 1, ch. 61-498; s. 1, ch. 65-453; s. 1, ch. 67-204; ss. 12, 13, ch. 74-112; s. 3, ch. 75-301; s. 3, ch. 76-238; s. 90, ch. 77-120; s. 1, ch. 77-174; s. 109, ch. 79-3; s. 13, ch. 83-131; s. 14, ch. 85-288; s. 1, ch. 86-106; s. 4, ch. 87-211; s. 69, ch. 88-122; s. 36, ch. 89-526; ss. 7, 16, ch. 90-337; ss. 2, 14, ch. 91-225; ss. 1, 15, ch. 91-280; s. 14, ch. 93-227; s. 17, ch. 96-322; s. 21, ch. 97-78; s. 1876, ch. 97-102; s. 6, ch. 97-239; s. 13, ch. 98-81; s. 121, ch. 99-3; s. 323, ch. 99-8; s. 3, ch. 2000-246; s. 4, ch. 2001-55; ss. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 40, ch. 2004-373; s. 5, ch. 2008-250; s. 6, ch. 2009-6; s. 10, ch. 2009-63; s. 3, ch. 2009-64; s. 3, ch. 2011-33; s. 331, ch. 2014-19; s. 15, ch. 2016-127; ss. 2, 19, ch. 2017-115; s. 14, ch. 2019-113; s. 1, ch. 2022-166.

F.S. 948.01 on Google Scholar

F.S. 948.01 on CourtListener

Amendments to 948.01


Annotations, Discussions, Cases:

Cases Citing Statute 948.01

Total Results: 385

Villery v. Florida Parole & Probation Com'n

396 So. 2d 1107

Supreme Court of Florida | Filed: Apr 23, 1981 | Docket: 1732035

Cited 274 times | Published

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

United States v. Wright

607 F.3d 708, 2010 WL 2089257

Court of Appeals for the Eleventh Circuit | Filed: May 26, 2010 | Docket: 398329

Cited 204 times | Published

with parole and probation officers.” Fla. Stat. § 948.001(5). The same statute defines community control

Bernhardt v. State

288 So. 2d 490

Supreme Court of Florida | Filed: Jan 9, 1974 | Docket: 1270651

Cited 182 times | Published

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

Trotter v. State

576 So. 2d 691, 1990 WL 252108

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 1669806

Cited 109 times | Published

Community control and probation are defined in section 948.001, Florida Statutes (1985): (1) "Community control"

McKendry v. State

641 So. 2d 45, 1994 WL 192216

Supreme Court of Florida | Filed: May 19, 1994 | Docket: 1648652

Cited 90 times | Published

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

Zack v. State

753 So. 2d 9, 2000 WL 14472

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839

Cited 87 times | Published

control is the nonprison custodial alternative. § 948.001. A person under community control is in supervised

Lawson v. State

969 So. 2d 222, 2007 WL 3101817

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1726018

Cited 73 times | Published

accordance with individualized treatment plans." § 948.001(4), Fla. Stat. (2005). This is mirrored in section

State v. Jones

327 So. 2d 18

Supreme Court of Florida | Filed: Jan 14, 1976 | Docket: 1716252

Cited 66 times | Published

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

State v. Holmes

360 So. 2d 380

Supreme Court of Florida | Filed: Jul 13, 1978 | Docket: 1474242

Cited 51 times | Published

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

Lippman v. State

633 So. 2d 1061, 1994 WL 81822

Supreme Court of Florida | Filed: Mar 17, 1994 | Docket: 1707799

Cited 46 times | Published

terms and conditions as provided in s. 948.03." § 948.001(2), Fla. Stat. (1987). See generally Larson v

Martin v. State

243 So. 2d 189

District Court of Appeal of Florida | Filed: Jan 15, 1971 | Docket: 539988

Cited 34 times | Published

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

Dorfman v. State

351 So. 2d 954

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 1247042

Cited 33 times | Published

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

State v. Powell

703 So. 2d 444, 1997 WL 718233

Supreme Court of Florida | Filed: Nov 20, 1997 | Docket: 475847

Cited 32 times | Published

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

Trotter v. Secretary, Department of Corrections

535 F.3d 1286, 2008 U.S. App. LEXIS 15553, 21 Fla. L. Weekly Fed. C 935

Court of Appeals for the Eleventh Circuit | Filed: Jul 23, 2008 | Docket: 161224

Cited 31 times | Published

sanctions are imposed and enforced." Fla. Stat. § 948.001. The Supreme Court of Florida has characterized

Edwards v. State

422 So. 2d 84

District Court of Appeal of Florida | Filed: Nov 19, 1982 | Docket: 1739978

Cited 30 times | Published

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

Singletary v. State

290 So. 2d 116

District Court of Appeal of Florida | Filed: Mar 6, 1974 | Docket: 1510321

Cited 30 times | Published

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

United States v. Anton

546 F.3d 1355, 2008 WL 4742625

Court of Appeals for the Eleventh Circuit | Filed: Oct 30, 2008 | Docket: 399110

Cited 28 times | Published

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

Addison v. State

452 So. 2d 955

District Court of Appeal of Florida | Filed: Jul 6, 1984 | Docket: 474373

Cited 28 times | Published

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

United States v. Reinaldo Orellanes, A/K/A Reinaldo Orellana

809 F.2d 1526, 1987 U.S. App. LEXIS 2188

Court of Appeals for the Eleventh Circuit | Filed: Feb 17, 1987 | Docket: 46397

Cited 27 times | Published

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

Shead v. State

367 So. 2d 264

District Court of Appeal of Florida | Filed: Feb 13, 1979 | Docket: 1697830

Cited 27 times | Published

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

Williams v. State

280 So. 2d 518

District Court of Appeal of Florida | Filed: Jul 10, 1973 | Docket: 1687484

Cited 27 times | Published

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

Delaney v. State

190 So. 2d 578

Supreme Court of Florida | Filed: Sep 28, 1966 | Docket: 2462486

Cited 27 times | Published

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

Roberts v. State

335 So. 2d 285

Supreme Court of Florida | Filed: Jul 8, 1976 | Docket: 1306343

Cited 25 times | Published

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

Bateh v. State

101 So. 2d 869

District Court of Appeal of Florida | Filed: Apr 1, 1958 | Docket: 1326907

Cited 25 times | Published

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

Helton v. State

106 So. 2d 79

Supreme Court of Florida | Filed: Oct 29, 1958 | Docket: 1698461

Cited 23 times | Published

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

Franklin v. State

526 So. 2d 159, 1988 WL 54214

District Court of Appeal of Florida | Filed: May 24, 1988 | Docket: 1679911

Cited 21 times | Published

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

State v. Whitehead

472 So. 2d 730, 10 Fla. L. Weekly 354

Supreme Court of Florida | Filed: Jul 3, 1985 | Docket: 1793606

Cited 21 times | Published

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

Raulerson v. State

763 So. 2d 285, 2000 WL 963827

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 308353

Cited 20 times | Published

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

Williams v. State

581 So. 2d 144, 1991 WL 88740

Supreme Court of Florida | Filed: May 30, 1991 | Docket: 2517015

Cited 20 times | Published

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

Peters v. State

984 So. 2d 1227, 2008 WL 1901668

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 76966

Cited 19 times | Published

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

Landeverde v. State

769 So. 2d 457, 2000 WL 1505076

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1476304

Cited 19 times | Published

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

State v. Williams

237 So. 2d 69

District Court of Appeal of Florida | Filed: Jun 10, 1970 | Docket: 1370484

Cited 19 times | Published

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

State v. Cregan

908 So. 2d 387, 2005 WL 1576143

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1397407

Cited 18 times | Published

specific sanctions are imposed and enforced." § 948.001(2), Fla. Stat. (2003). Those sanctions can be

State v. Keirn

720 So. 2d 1085, 1998 WL 219729

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 308401

Cited 18 times | Published

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

Hutchins v. State

286 So. 2d 244

District Court of Appeal of Florida | Filed: Nov 6, 1973 | Docket: 1407989

Cited 18 times | Published

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

Marsh v. Garwood

65 So. 2d 15, 1953 Fla. LEXIS 1265

Supreme Court of Florida | Filed: May 8, 1953 | Docket: 1311058

Cited 18 times | Published

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

State v. Meeks

789 So. 2d 982, 2001 WL 776488

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1696254

Cited 17 times | Published

specific sanctions are imposed and enforced." § 948.001(2), Fla. Stat. (1995). Mindful of this definition

Tory v. State

686 So. 2d 689, 1996 WL 734615

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 1260446

Cited 17 times | Published

imposed were not orally pronounced; (3) that section 948.01(13)(a), Florida Statutes (1993), establishing

Jones v. State

813 So. 2d 22, 2002 WL 87377

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1438737

Cited 16 times | Published

4th DCA 1998), on the question of whether section 948.01(13), Florida Statutes (Supp.1998), which provides

Ogden v. State

605 So. 2d 155, 1992 WL 217079

District Court of Appeal of Florida | Filed: Sep 11, 1992 | Docket: 1702371

Cited 16 times | Published

years and eight months on community control. Section 948.01(4), Florida Statutes (1991) provides in pertinent

Bashlor v. State

586 So. 2d 488, 1991 WL 192037

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1742580

Cited 16 times | Published

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

Cunningham v. State

385 So. 2d 721

District Court of Appeal of Florida | Filed: Jul 1, 1980 | Docket: 1337881

Cited 16 times | Published

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

Solomon v. State

341 So. 2d 537

District Court of Appeal of Florida | Filed: Jan 12, 1977 | Docket: 1724128

Cited 16 times | Published

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

Woodson v. State

864 So. 2d 512, 2004 WL 40521

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1727526

Cited 15 times | Published

Gibbs. [5] Gamble; Melecio. [6] Palma. [7] Section 948.001(7), Florida Statutes (2000), provides, in pertinent

State v. McFadden

772 So. 2d 1209, 2000 WL 1675950

Supreme Court of Florida | Filed: Nov 9, 2000 | Docket: 1435119

Cited 15 times | Published

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

Walker v. State

546 So. 2d 764, 1989 WL 75724

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 2566231

Cited 15 times | Published

§ 784.021(1)(b) Florida Statutes (1987). [3] § 948.001(1) Florida Statutes (1987).

Ex Parte Bosso

41 So. 2d 322, 1949 Fla. LEXIS 750

Supreme Court of Florida | Filed: Jun 24, 1949 | Docket: 3275170

Cited 14 times | Published

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

Richardson v. State

884 So. 2d 950, 2003 WL 21697171

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1281858

Cited 13 times | Published

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

Ellis v. State

816 So. 2d 759, 2002 WL 906172

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1753477

Cited 13 times | Published

the definition section noted above and in section 948.01(13). The remainder of the chapter speaks in

State v. Williams

667 So. 2d 191, 1996 WL 26547

Supreme Court of Florida | Filed: Jan 25, 1996 | Docket: 156577

Cited 13 times | Published

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

State v. Williams

667 So. 2d 191, 1996 WL 26547

Supreme Court of Florida | Filed: Jan 25, 1996 | Docket: 156577

Cited 13 times | Published

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

United States v. Gustavo Garcia A/K/A "Popeye"

727 F.2d 1028, 1984 U.S. App. LEXIS 24424

Court of Appeals for the Eleventh Circuit | Filed: Mar 19, 1984 | Docket: 426729

Cited 13 times | Published

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

Trotter v. State

690 So. 2d 1234, 1996 WL 726878

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 1524706

Cited 12 times | Published

custody to include "custody in the community." See § 948.001, Fla. Stat. (1985). Use of community control as

Clinger v. State

533 So. 2d 315, 1988 WL 118076

District Court of Appeal of Florida | Filed: Nov 10, 1988 | Docket: 1233265

Cited 12 times | Published

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

Van Tassel v. Coffman

486 So. 2d 528

Supreme Court of Florida | Filed: Feb 27, 1986 | Docket: 1407027

Cited 12 times | Published

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

Duggar v. State

446 So. 2d 222

District Court of Appeal of Florida | Filed: Mar 1, 1984 | Docket: 1780615

Cited 12 times | Published

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

Beech v. State

436 So. 2d 82

Supreme Court of Florida | Filed: Jul 28, 1983 | Docket: 1339319

Cited 12 times | Published

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

Thomas v. State

356 So. 2d 846

District Court of Appeal of Florida | Filed: Mar 14, 1978 | Docket: 1479135

Cited 12 times | Published

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

Bolware v. State

995 So. 2d 268, 33 Fla. L. Weekly Fed. S 645

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 2544788

Cited 11 times | Published

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

Vasquez v. State

663 So. 2d 1343, 1995 WL 621335

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1313601

Cited 11 times | Published

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

Rodriguez v. State

441 So. 2d 1129

District Court of Appeal of Florida | Filed: Nov 22, 1983 | Docket: 1699123

Cited 11 times | Published

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

Berezovsky v. State

350 So. 2d 80

Supreme Court of Florida | Filed: Sep 15, 1977 | Docket: 1757730

Cited 11 times | Published

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

Berezovsky v. State

350 So. 2d 80

Supreme Court of Florida | Filed: Sep 15, 1977 | Docket: 1757730

Cited 11 times | Published

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

State v. Kendrick

596 So. 2d 1153, 1992 WL 57165

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 1358715

Cited 10 times | Published

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

United States v. Thompson

756 F. Supp. 1492, 1991 U.S. Dist. LEXIS 2256, 1991 WL 23651

District Court, N.D. Florida | Filed: Feb 4, 1991 | Docket: 2136100

Cited 10 times | Published

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

Dietz v. State

534 So. 2d 808, 1988 WL 124794

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 1296071

Cited 10 times | Published

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

Lewis v. State

402 So. 2d 482

District Court of Appeal of Florida | Filed: Aug 5, 1981 | Docket: 1313538

Cited 10 times | Published

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

State v. Jogan

388 So. 2d 322

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 420028

Cited 10 times | Published

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

State v. Wilcox

351 So. 2d 89

District Court of Appeal of Florida | Filed: Nov 2, 1977 | Docket: 1246717

Cited 10 times | Published

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

Ivey v. State

308 So. 2d 565

District Court of Appeal of Florida | Filed: Feb 26, 1975 | Docket: 1251918

Cited 10 times | Published

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

Kohn v. State

289 So. 2d 48

District Court of Appeal of Florida | Filed: Jan 22, 1974 | Docket: 1694231

Cited 10 times | Published

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

Singleton v. State

183 So. 2d 245

District Court of Appeal of Florida | Filed: Feb 4, 1966 | Docket: 2483883

Cited 10 times | Published

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

Therrien v. State

914 So. 2d 942, 2005 WL 2779476

Supreme Court of Florida | Filed: Oct 27, 2005 | Docket: 1781223

Cited 9 times | Published

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

Gibson v. Florida Dept. of Corrections

885 So. 2d 376, 29 Fla. L. Weekly Supp. 626, 2004 Fla. LEXIS 1829, 2004 WL 2360131

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1685267

Cited 9 times | Published

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

Madrigal v. State

683 So. 2d 1093, 1996 WL 668423

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 1514982

Cited 9 times | Published

of the term of supervision." § 948.001(1), Fla.Stat. (1995). Section 948.01(12), Florida Statutes (1995)

Warrington v. State

660 So. 2d 385, 1995 WL 544148

District Court of Appeal of Florida | Filed: Sep 15, 1995 | Docket: 1636542

Cited 9 times | Published

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

Summers v. State

625 So. 2d 876, 1993 WL 383493

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 473985

Cited 9 times | Published

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

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

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

Glass v. State

574 So. 2d 1099, 1991 WL 16326

Supreme Court of Florida | Filed: Feb 7, 1991 | Docket: 1437325

Cited 9 times | Published

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

Johnson v. State

561 So. 2d 1254, 1990 WL 66200

District Court of Appeal of Florida | Filed: May 18, 1990 | Docket: 1480540

Cited 9 times | Published

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

Tyrone Oliver Chong v. Immigration and Naturalization Service

890 F.2d 284, 1989 U.S. App. LEXIS 18096, 1989 WL 142096

Court of Appeals for the Eleventh Circuit | Filed: Oct 2, 1989 | Docket: 2163108

Cited 9 times | Published

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

Griner v. State

523 So. 2d 789, 1988 WL 34670

District Court of Appeal of Florida | Filed: Apr 21, 1988 | Docket: 1517217

Cited 9 times | Published

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

Poore v. State

503 So. 2d 1282, 12 Fla. L. Weekly 450

District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1453615

Cited 9 times | Published

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

Smith v. State

484 So. 2d 581, 11 Fla. L. Weekly 81

Supreme Court of Florida | Filed: Mar 6, 1986 | Docket: 1702745

Cited 9 times | Published

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

Arnold v. State

356 So. 2d 862

District Court of Appeal of Florida | Filed: Mar 17, 1978 | Docket: 1479068

Cited 9 times | Published

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

Genung v. Nuckolls

292 So. 2d 587

Supreme Court of Florida | Filed: Feb 6, 1974 | Docket: 119999

Cited 9 times | Published

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

Adams v. State

979 So. 2d 921, 2008 WL 794662

Supreme Court of Florida | Filed: Mar 27, 2008 | Docket: 1407823

Cited 8 times | Published

accordance with an individualized treatment plan." § 948.001(10), Fla. Stat. (2007) (emphasis added); see also

Punta v. State

806 So. 2d 569, 2002 WL 81429

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1712918

Cited 8 times | Published

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

Horner v. State

617 So. 2d 311, 1993 WL 113511

Supreme Court of Florida | Filed: Apr 15, 1993 | Docket: 1512552

Cited 8 times | Published

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

Scott v. State

550 So. 2d 111, 1989 WL 112266

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 1718716

Cited 8 times | Published

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

Wayne v. State

513 So. 2d 689, 12 Fla. L. Weekly 2120

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 1295077

Cited 8 times | Published

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

Wayne v. State

513 So. 2d 689, 12 Fla. L. Weekly 2120

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 1295077

Cited 8 times | Published

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

Brenner v. State

337 So. 2d 1007

District Court of Appeal of Florida | Filed: Sep 14, 1976 | Docket: 1735183

Cited 8 times | Published

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

Cleveland v. State

287 So. 2d 347

District Court of Appeal of Florida | Filed: Dec 4, 1973 | Docket: 457601

Cited 8 times | Published

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

Mulkey v. Purdy

234 So. 2d 108

Supreme Court of Florida | Filed: Apr 8, 1970 | Docket: 1354270

Cited 8 times | Published

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

Rodney Tyrone Lowe v. State of Florida

259 So. 3d 23

Supreme Court of Florida | Filed: Oct 19, 2018 | Docket: 8065908

Cited 7 times | Published

the definition of "community control" under section 948.001(3), Florida Statutes (2011), is virtually identical

Montgomery v. State

821 So. 2d 464, 2002 WL 1625469

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1236529

Cited 7 times | Published

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

State v. Gloster

703 So. 2d 1174, 1997 WL 774761

District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 1703995

Cited 7 times | Published

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

Waite v. City of Fort Lauderdale

681 So. 2d 901, 1996 Fla. App. LEXIS 11110, 1996 WL 603787

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 1722208

Cited 7 times | Published

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

Disbrow v. State

642 So. 2d 740, 1994 WL 499344

Supreme Court of Florida | Filed: Sep 15, 1994 | Docket: 1529459

Cited 7 times | Published

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

Jackson v. State

615 So. 2d 850, 1993 WL 75787

District Court of Appeal of Florida | Filed: Mar 19, 1993 | Docket: 1185323

Cited 7 times | Published

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

Heuring v. State

559 So. 2d 207, 1990 WL 29520

Supreme Court of Florida | Filed: Mar 15, 1990 | Docket: 2527414

Cited 7 times | Published

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

Smith v. State

543 So. 2d 348, 1989 WL 48085

District Court of Appeal of Florida | Filed: May 11, 1989 | Docket: 110282

Cited 7 times | Published

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

Sanchez v. State

538 So. 2d 923, 1989 WL 6419

District Court of Appeal of Florida | Filed: Feb 2, 1989 | Docket: 472322

Cited 7 times | Published

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

Burrell v. State

483 So. 2d 479, 11 Fla. L. Weekly 442

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 2509251

Cited 7 times | Published

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

Boyett v. State

452 So. 2d 958

District Court of Appeal of Florida | Filed: Jul 11, 1984 | Docket: 474508

Cited 7 times | Published

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

Shieder v. State

430 So. 2d 537

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 445780

Cited 7 times | Published

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

Toombs v. State

404 So. 2d 766

District Court of Appeal of Florida | Filed: Sep 15, 1981 | Docket: 1782647

Cited 7 times | Published

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

Hutchinson v. State

360 So. 2d 1160

District Court of Appeal of Florida | Filed: Jul 26, 1978 | Docket: 77969

Cited 7 times | Published

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

Holland v. Florida Real Estate Comm.

352 So. 2d 914, 1977 Fla. App. LEXIS 16665

District Court of Appeal of Florida | Filed: Nov 23, 1977 | Docket: 1682262

Cited 7 times | Published

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

Brown v. State

302 So. 2d 430

District Court of Appeal of Florida | Filed: Oct 31, 1974 | Docket: 1746616

Cited 7 times | Published

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

Hanson v. State

187 So. 2d 54

District Court of Appeal of Florida | Filed: May 17, 1966 | Docket: 1768748

Cited 7 times | Published

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

Lawson v. State

941 So. 2d 485, 2006 WL 3102274

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 431794

Cited 6 times | Published

of drug offender probation are defined by section 948.001(4), Florida *489 Statutes (2005), as "a form

State v. Roper

915 So. 2d 622, 2005 WL 1923121

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 1310786

Cited 6 times | Published

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

King v. State

648 So. 2d 183, 1994 WL 697953

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 1342877

Cited 6 times | Published

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

Bacon v. State

620 So. 2d 1084, 1993 WL 225631

District Court of Appeal of Florida | Filed: Jun 28, 1993 | Docket: 1388183

Cited 6 times | Published

commitment." Community control is defined in section 948.001(1), Florida Statutes (1989), as ... a form

Davis v. State

461 So. 2d 1003, 10 Fla. L. Weekly 34

District Court of Appeal of Florida | Filed: Dec 21, 1984 | Docket: 464329

Cited 6 times | Published

relating to community control and probation. Section 948.01(5), Florida Statutes (1983), provides in part:

Whitehead v. State

450 So. 2d 545

District Court of Appeal of Florida | Filed: Apr 24, 1984 | Docket: 1433312

Cited 6 times | Published

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

Lewis v. State

298 So. 2d 540

District Court of Appeal of Florida | Filed: Aug 9, 1974 | Docket: 1438958

Cited 6 times | Published

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

Purdy v. Mulkey

228 So. 2d 132

District Court of Appeal of Florida | Filed: Nov 12, 1969 | Docket: 540207

Cited 6 times | Published

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

Yates v. Buchanan

170 So. 2d 72

District Court of Appeal of Florida | Filed: Dec 22, 1964 | Docket: 157071

Cited 6 times | Published

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

Cole v. State

932 So. 2d 1123, 2006 WL 1627567

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1285650

Cited 5 times | Published

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

Woodson v. State

889 So. 2d 823, 2004 WL 2923221

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1742804

Cited 5 times | Published

supervision with an individualized treatment plan. See § 948.001(7), Fla. Stat. (2004). The critical component

Staley v. State

851 So. 2d 805, 2003 WL 21748913

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1691441

Cited 5 times | Published

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

State v. Ackerman

785 So. 2d 1229, 2001 WL 543222

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1510171

Cited 5 times | Published

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

Dupree v. State

708 So. 2d 968, 1998 WL 107309

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 1528226

Cited 5 times | Published

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

Casterline v. State

703 So. 2d 1071, 1997 WL 606498

District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 1349406

Cited 5 times | Published

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

State v. Powell

696 So. 2d 789, 1997 WL 43388

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 1326002

Cited 5 times | Published

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

Reilly v. Florida, Department of Corrections

847 F. Supp. 951, 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840

District Court, M.D. Florida | Filed: Mar 31, 1994 | Docket: 952282

Cited 5 times | Published

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

Crawford v. State

567 So. 2d 428, 1990 WL 141434

Supreme Court of Florida | Filed: Sep 20, 1990 | Docket: 1380957

Cited 5 times | Published

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

State v. Young

561 So. 2d 583, 1990 WL 68109

Supreme Court of Florida | Filed: May 17, 1990 | Docket: 1480931

Cited 5 times | Published

known as community control, as defined in section 948.001, Florida Statutes (1987), and community control

McKinley v. State

519 So. 2d 1154, 1988 WL 10831

District Court of Appeal of Florida | Filed: Feb 18, 1988 | Docket: 1332450

Cited 5 times | Published

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

Mick v. State

506 So. 2d 1121, 12 Fla. L. Weekly 1158

District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 2528540

Cited 5 times | Published

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

United States v. James Charles Cannon, in Re United States of America

778 F.2d 747, 1985 U.S. App. LEXIS 25437

Court of Appeals for the Eleventh Circuit | Filed: Dec 23, 1985 | Docket: 277690

Cited 5 times | Published

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

State v. McGraw

474 So. 2d 289, 10 Fla. L. Weekly 1676

District Court of Appeal of Florida | Filed: Jul 9, 1985 | Docket: 1749807

Cited 5 times | Published

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

Williams v. State

464 So. 2d 1218, 10 Fla. L. Weekly 673

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1661361

Cited 5 times | Published

control" and "probation" and are set forth in Section 948.001, Florida Statutes (1983).[1] *1220 The Act

Loveless v. Bryson

460 So. 2d 942

District Court of Appeal of Florida | Filed: Dec 7, 1984 | Docket: 1766125

Cited 5 times | Published

out that section 958.05(2) is consistent with section 948.01(8), which provides: Whenever punishment by

Dearth v. State

390 So. 2d 108

District Court of Appeal of Florida | Filed: Nov 5, 1980 | Docket: 1750225

Cited 5 times | Published

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

United States v. Hartsfield

387 F. Supp. 16, 1975 U.S. Dist. LEXIS 14174

District Court, M.D. Florida | Filed: Jan 24, 1975 | Docket: 1260517

Cited 5 times | Published

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

Warren v. State

174 So. 2d 429

District Court of Appeal of Florida | Filed: Apr 20, 1965 | Docket: 1407246

Cited 5 times | Published

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

The Florida Bar v. Jacqueline Marie Kinsella

260 So. 3d 1046

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439920

Cited 4 times | Published

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

Filmore v. State

133 So. 3d 1188, 2014 WL 941903, 2014 Fla. App. LEXIS 3494

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60238719

Cited 4 times | Published

including surveillance on weekends and holidays.” § 948.001(3), Fla. Stat. (2012); see also United States

State v. Tribble

984 So. 2d 639, 2008 WL 2436154

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1686120

Cited 4 times | Published

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

Childers v. DEPT. OF ENVIRON. PROTECTION

696 So. 2d 962, 1997 WL 402381

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1326018

Cited 4 times | Published

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

Mosley v. State

677 So. 2d 27, 1996 WL 347783

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1689917

Cited 4 times | Published

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

Dean v. State

669 So. 2d 1140, 1996 WL 123168

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 530103

Cited 4 times | Published

special conditions imposed. We do not agree. Section 948.001(4), Florida Statutes (1995), which defines

Williams v. State

653 So. 2d 407, 1995 WL 96826

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 551969

Cited 4 times | Published

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

United States v. Gispert

864 F. Supp. 1193, 1994 U.S. Dist. LEXIS 14186, 1994 WL 547455

District Court, S.D. Florida | Filed: Feb 17, 1994 | Docket: 1618559

Cited 4 times | Published

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

Martin v. State

618 So. 2d 737, 1993 WL 105445

District Court of Appeal of Florida | Filed: Apr 12, 1993 | Docket: 1720328

Cited 4 times | Published

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

Sipp v. State

604 So. 2d 576, 1992 WL 217075

District Court of Appeal of Florida | Filed: Sep 11, 1992 | Docket: 2566688

Cited 4 times | Published

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

Williams v. State

566 So. 2d 299, 1990 WL 115528

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 828198

Cited 4 times | Published

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

Washington v. State

564 So. 2d 563, 1990 WL 98483

District Court of Appeal of Florida | Filed: Jul 16, 1990 | Docket: 1689103

Cited 4 times | Published

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

Swain v. State

553 So. 2d 1331, 1989 WL 152149

District Court of Appeal of Florida | Filed: Dec 15, 1989 | Docket: 1675528

Cited 4 times | Published

sentence. Community control is defined in section 948.001(1), Florida Statutes (1987), as — a form of

Williams v. State

528 So. 2d 453, 1988 WL 66082

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 1368162

Cited 4 times | Published

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

Johnson v. State

511 So. 2d 748, 12 Fla. L. Weekly 2080

District Court of Appeal of Florida | Filed: Aug 27, 1987 | Docket: 1338166

Cited 4 times | Published

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

Young v. State

509 So. 2d 1339, 12 Fla. L. Weekly 1750

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1362076

Cited 4 times | Published

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

Pendergrass v. State

487 So. 2d 35

District Court of Appeal of Florida | Filed: May 7, 1986 | Docket: 1796616

Cited 4 times | Published

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

Brown v. State

463 So. 2d 1230, 10 Fla. L. Weekly 438

District Court of Appeal of Florida | Filed: Feb 18, 1985 | Docket: 1509689

Cited 4 times | Published

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

Freeman v. State

382 So. 2d 1307

District Court of Appeal of Florida | Filed: Apr 22, 1980 | Docket: 1255396

Cited 4 times | Published

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

Noble v. State

338 So. 2d 904

District Court of Appeal of Florida | Filed: Nov 2, 1976 | Docket: 59742

Cited 4 times | Published

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

State v. Griffith

331 So. 2d 313

Supreme Court of Florida | Filed: Apr 14, 1976 | Docket: 1287778

Cited 4 times | Published

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

Bryant v. State

290 So. 2d 122

District Court of Appeal of Florida | Filed: Feb 19, 1974 | Docket: 1429362

Cited 4 times | Published

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

Bryant v. State

290 So. 2d 122

District Court of Appeal of Florida | Filed: Feb 19, 1974 | Docket: 1429362

Cited 4 times | Published

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

United States v. Bobby Jenkins

822 F.3d 1213, 2016 U.S. App. LEXIS 8652, 2016 WL 2754018

Court of Appeals for the Eleventh Circuit | Filed: May 11, 2016 | Docket: 3063381

Cited 3 times | Published

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

State v. Barfield

995 So. 2d 1138, 2008 WL 5100547

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1286378

Cited 3 times | Published

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

State v. Scriber

991 So. 2d 969, 2008 WL 4224287

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725174

Cited 3 times | Published

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

Buswell v. State

855 So. 2d 687, 2003 WL 22238999

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 2542420

Cited 3 times | Published

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

State v. Sylvio

846 So. 2d 1271, 2003 WL 21347195

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1301633

Cited 3 times | Published

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

Chupka v. State

775 So. 2d 315, 2000 WL 571387

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 1366699

Cited 3 times | Published

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

State v. Green

667 So. 2d 959, 21 Fla. L. Weekly Fed. D 459

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 454595

Cited 3 times | Published

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

Proffitt v. UNEMPLOYMENT APPEALS COM'N

658 So. 2d 185, 1995 Fla. App. LEXIS 8202, 1995 WL 457071

District Court of Appeal of Florida | Filed: Aug 4, 1995 | Docket: 439458

Cited 3 times | Published

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

Horner v. State

597 So. 2d 920, 1992 WL 81074

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1704775

Cited 3 times | Published

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

Johnson v. State

557 So. 2d 203, 1990 WL 15385

District Court of Appeal of Florida | Filed: Feb 22, 1990 | Docket: 457021

Cited 3 times | Published

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

Butler v. State

543 So. 2d 432, 1989 WL 52147

District Court of Appeal of Florida | Filed: May 19, 1989 | Docket: 1729790

Cited 3 times | Published

known as community control, as defined in section 948.001, Florida Statutes (1987), and community control

Hankey v. State

529 So. 2d 736, 1988 WL 66085

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 432289

Cited 3 times | Published

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

Easton v. State

472 So. 2d 1369, 10 Fla. L. Weekly 1836

District Court of Appeal of Florida | Filed: Jul 30, 1985 | Docket: 1793341

Cited 3 times | Published

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

State v. Beardsley

464 So. 2d 188, 10 Fla. L. Weekly 310

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 1661237

Cited 3 times | Published

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

Mitchell v. State

463 So. 2d 416, 10 Fla. L. Weekly 270

District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 394780

Cited 3 times | Published

imposed and enforced. Section 948.001(1), Florida Statutes (1983). Section 948.01(4) states that the court

Brown v. State

460 So. 2d 427

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1765897

Cited 3 times | Published

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

Stranigan v. State

457 So. 2d 546

District Court of Appeal of Florida | Filed: Oct 5, 1984 | Docket: 426400

Cited 3 times | Published

is a more severe sanction than probation. Section 948.001, Florida Statutes (1983), defines community

Chaney v. State

452 So. 2d 1148

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 474534

Cited 3 times | Published

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

Cigelski v. State

453 So. 2d 840

District Court of Appeal of Florida | Filed: Jun 19, 1984 | Docket: 1651171

Cited 3 times | Published

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

Brown v. State

358 So. 2d 92

District Court of Appeal of Florida | Filed: May 2, 1978 | Docket: 1690841

Cited 3 times | Published

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

Simmons v. State

305 So. 2d 178

Supreme Court of Florida | Filed: Dec 11, 1974 | Docket: 1512315

Cited 3 times | Published

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

Jones v. State

296 So. 2d 519

District Court of Appeal of Florida | Filed: Jun 18, 1974 | Docket: 1616435

Cited 3 times | Published

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

Waters v. State

290 So. 2d 503

District Court of Appeal of Florida | Filed: Feb 28, 1974 | Docket: 450765

Cited 3 times | Published

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

Harris v. State

288 So. 2d 552

District Court of Appeal of Florida | Filed: Jan 15, 1974 | Docket: 2548777

Cited 3 times | Published

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

Metchik v. State

286 So. 2d 269

District Court of Appeal of Florida | Filed: Nov 20, 1973 | Docket: 1407858

Cited 3 times | Published

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

Morgan v. State

142 So. 2d 308

District Court of Appeal of Florida | Filed: Jun 13, 1962 | Docket: 463446

Cited 3 times | Published

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

Woods v. State

214 So. 3d 803, 2017 WL 1438510, 2017 Fla. App. LEXIS 5665

District Court of Appeal of Florida | Filed: Apr 24, 2017 | Docket: 60264262

Cited 2 times | Published

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

Beals v. State

14 So. 3d 286, 2009 Fla. App. LEXIS 10723, 2009 WL 2382385

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 2549943

Cited 2 times | Published

administered by officers with restricted caseloads." § 948.001(4), Fla. Stat. (2004) (emphasis added). A court

State v. Manos

983 So. 2d 58, 2008 WL 1958917

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 2538971

Cited 2 times | Published

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

State v. Del Castillo

890 So. 2d 376, 2004 WL 2955012

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 2552660

Cited 2 times | Published

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

Harris v. State

879 So. 2d 1223, 2002 WL 731699

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 463814

Cited 2 times | Published

supervision of the Department of Corrections." Section 948.001(5), Florida Statutes (1995), defines probation

Welborn v. State

687 So. 2d 35, 1997 WL 12934

District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 1718683

Cited 2 times | Published

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

Ringling v. State

678 So. 2d 1339, 1996 WL 416120

District Court of Appeal of Florida | Filed: Jul 26, 1996 | Docket: 1737009

Cited 2 times | Published

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

Straughan v. State

636 So. 2d 845, 1994 WL 169963

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 1361390

Cited 2 times | Published

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

State v. Glover

634 So. 2d 247, 1994 WL 94308

District Court of Appeal of Florida | Filed: Mar 25, 1994 | Docket: 1737683

Cited 2 times | Published

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

Mills v. State

623 So. 2d 840, 1993 WL 341116

District Court of Appeal of Florida | Filed: Sep 10, 1993 | Docket: 1658481

Cited 2 times | Published

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

State v. McKendry

614 So. 2d 1158, 1993 WL 36289

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 1509872

Cited 2 times | Published

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

State v. Robertson

614 So. 2d 1155, 1993 WL 36288

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 449301

Cited 2 times | Published

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

Williams v. State

556 So. 2d 799, 1990 WL 11133

District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 542957

Cited 2 times | Published

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

United States v. Robert Grinkiewicz

873 F.2d 253, 1989 U.S. App. LEXIS 6654, 1989 WL 42392

Court of Appeals for the Eleventh Circuit | Filed: May 17, 1989 | Docket: 177271

Cited 2 times | Published

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

DeLeon v. State

536 So. 2d 305, 1988 WL 133893

District Court of Appeal of Florida | Filed: Dec 16, 1988 | Docket: 1754372

Cited 2 times | Published

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

Carr v. State

528 So. 2d 406, 1988 WL 54429

District Court of Appeal of Florida | Filed: Jun 2, 1988 | Docket: 1717332

Cited 2 times | Published

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

Phillips v. State

455 So. 2d 656

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 1692604

Cited 2 times | Published

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

Wright v. State

342 So. 2d 565

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 1521309

Cited 2 times | Published

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

Hults v. State

307 So. 2d 489

District Court of Appeal of Florida | Filed: Jan 31, 1975 | Docket: 1699732

Cited 2 times | Published

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

Durham v. State

304 So. 2d 146

District Court of Appeal of Florida | Filed: Nov 5, 1974 | Docket: 1437597

Cited 2 times | Published

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

Reynolds v. State

293 So. 2d 743

District Court of Appeal of Florida | Filed: Apr 16, 1974 | Docket: 1622727

Cited 2 times | Published

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

Michael John Triatik v. State of Florida

267 So. 3d 535

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819616

Cited 1 times | Published

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

TIMOTHY TURNER v. STATE OF FLORIDA

261 So. 3d 729

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431873

Cited 1 times | Published

"intensive, supervised custody." See § 948.001(2), Fla. Stat. (1998) (defining "community

Justin Randolph Demott v. State of Florida

194 So. 3d 335, 41 Fla. L. Weekly Supp. 304, 2016 Fla. LEXIS 1317, 2016 WL 3444016

Supreme Court of Florida | Filed: Jun 23, 2016 | Docket: 3081760

Cited 1 times | Published

entitled “Probation and Community Control.” Section 948.001(8), Florida Statutes (2015), defines probation

Senger v. State

200 So. 3d 137, 2016 Fla. App. LEXIS 8060, 2016 WL 3030829

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60294185

Cited 1 times | Published

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

Calvin v. Jefferson County Board of Commissioners

172 F. Supp. 3d 1292, 2016 WL 1122884, 2016 U.S. Dist. LEXIS 36121

District Court, N.D. Florida | Filed: Mar 19, 2016 | Docket: 64307770

Cited 1 times | Published

specific sanctions are imposed and enforced.” Id. § 948.001(3) (emphasis added). Numerous other sources similarly

State v. Richard

197 So. 3d 1097, 2016 Fla. App. LEXIS 3557, 2016 WL 889172

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042866

Cited 1 times | Published

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

Joseph Peter Clarke v. United States

184 So. 3d 1107, 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277, 2016 WL 533898

Supreme Court of Florida | Filed: Feb 11, 2016 | Docket: 3035598

Cited 1 times | Published

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

State v. Henderson

108 So. 3d 1137, 2013 WL 1007312, 2013 Fla. App. LEXIS 4198

District Court of Appeal of Florida | Filed: Mar 15, 2013 | Docket: 60228993

Cited 1 times | Published

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

State v. Nazario

100 So. 3d 1246, 2012 Fla. App. LEXIS 19730, 2012 WL 5500440

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60225599

Cited 1 times | Published

(citation and internal quotations omitted). Section 948.001(1), Florida Statutes (2011), defines “administrative

State v. Coleman

44 So. 3d 1198, 2010 Fla. App. LEXIS 14478, 2010 WL 3766763

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 60295549

Cited 1 times | Published

terms and conditions as provided in s. 948.03.” § 948.001(8), Fla. Stat. (2010).2 Chapter 948 provides that

Elbert v. State

20 So. 3d 961, 2009 Fla. App. LEXIS 15522, 2009 WL 3270834

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1640211

Cited 1 times | Published

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

State v. Messina

13 So. 3d 153, 2009 Fla. App. LEXIS 7293, 2009 WL 1606028

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 374046

Cited 1 times | Published

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

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

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

DPB v. State

877 So. 2d 770, 2004 WL 1393381

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1285384

Cited 1 times | Published

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

York v. State

599 So. 2d 199, 1992 WL 92449

District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 793056

Cited 1 times | Published

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

Heuring v. State

539 So. 2d 590, 1989 WL 19561

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 452722

Cited 1 times | Published

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

McKee v. State

528 So. 2d 417, 1988 WL 57433

District Court of Appeal of Florida | Filed: Jun 9, 1988 | Docket: 1367785

Cited 1 times | Published

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

Brod v. State

418 So. 2d 363

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 1289227

Cited 1 times | Published

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

Brittany Nichole Rossi v. State of Florida

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808526

Published

violated her community control. 2 See generally § 948.001(3), Fla. Stat. (2019). While there may have been

Catherine Capozzi v. the State of Florida

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630892

Published

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

ISLAAM v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 14, 2024 | Docket: 68855842

Published

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

Maxwell v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422842

Published

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

In Re: Amendments to Florida Rule of Criminal Procedure 3.670

Supreme Court of Florida | Filed: Jan 25, 2024 | Docket: 68192096

Published

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

Jane Doe v. Richard L. Swearingen

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2022 | Docket: 65597053

Published

six months to two years. Id.; see Fla. Stat. § 948.001(3), (13). B.

In Re: Amendments to Florida Rule of Criminal Procedure 3.790

Supreme Court of Florida | Filed: Sep 22, 2022 | Docket: 65367531

Published

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

STATE OF FLORIDA v. ROODY DHAITI

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677198

Published

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

DANIELLE ELIZABETH HITCHMAN v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 28, 2021 | Docket: 60088924

Published

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

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246

Published

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

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265

Published

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

TAVARIS JAMAL EVANS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 29, 2020 | Docket: 17391433

Published

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

STATE OF FLORIDA v. EDWARD FIDDEMON

District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195206

Published

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

ANTOINE ROBINSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835859

Published

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

Cadet v. State

274 So. 3d 1178

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64718920

Published

imposed by the Department of Corrections. See § 948.001, Fla. Stat (2008) ; State v. Nazario, 100 So.

Cadet v. State

274 So. 3d 1178

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64718921

Published

imposed by the Department of Corrections. See § 948.001, Fla. Stat (2008) ; State v. Nazario, 100 So.

JOEL CANCHOLA v. STATE OF FLORIDA

255 So. 3d 442

District Court of Appeal of Florida | Filed: Sep 7, 2018 | Docket: 7821267

Published

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

State v. Jene-Charles

253 So. 3d 109

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619133

Published

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

State v. Bryant S. Rivera

249 So. 3d 1314

District Court of Appeal of Florida | Filed: Jul 2, 2018 | Docket: 7427982

Published

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

Michael Levandoski v. State of Florida

245 So. 3d 643

Supreme Court of Florida | Filed: Jun 7, 2018 | Docket: 7080075

Published

has been used to refer to any 8. Section 948.001(13), Florida Statutes (2010), defines “sex

Billy Joe Fowler v. State of Florida

225 So. 3d 1005, 2017 WL 4018419, 2017 Fla. App. LEXIS 13044

District Court of Appeal of Florida | Filed: Sep 13, 2017 | Docket: 6158993

Published

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

Ramon D. Senger v. State

200 So. 3d 137

District Court of Appeal of Florida | Filed: May 23, 2016 | Docket: 3069654

Published

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

Jesse Cleveland Harrell v. State of Florida

162 So. 3d 1128, 2015 Fla. App. LEXIS 5849

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679382

Published

Corrections probation officer. See § 948.001(2), (5), Fla. Stat. (2000). One codified condition

Nealy v. State

141 So. 3d 693, 2014 Fla. App. LEXIS 9579, 2014 WL 2875010

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242015

Published

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

State v. Robinson

138 So. 3d 1225, 2014 WL 2500638, 2014 Fla. App. LEXIS 8387

District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60240546

Published

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

State v. Luxenburg

13 So. 3d 137, 2009 Fla. App. LEXIS 7441, 2009 WL 1563442

District Court of Appeal of Florida | Filed: Jun 5, 2009 | Docket: 60237587

Published

withhold of adjudication. See § 948.01(2), Fla. Stat. (2007). Section 948.001(5) defines probation as “a

King v. State

990 So. 2d 1191, 2008 WL 4265182

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1291946

Published

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

State v. Blackburn

965 So. 2d 231, 2007 WL 2481016

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1509088

Published

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

Haynes v. State

962 So. 2d 384, 2007 WL 2254585

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1196151

Published

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

Bebout v. State

904 So. 2d 613, 2005 Fla. App. LEXIS 9690, 2005 WL 1458638

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 64839069

Published

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

Morales v. State

901 So. 2d 1032, 2005 Fla. App. LEXIS 8018, 2005 WL 1249224

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838136

Published

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

In re Amendments to the Florida Rules of Criminal Procedure

900 So. 2d 528, 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837890

Published

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

Doss v. Crosby

357 F. Supp. 2d 1334, 2005 U.S. Dist. LEXIS 6584, 2005 WL 170705

District Court, N.D. Florida | Filed: Feb 21, 2005 | Docket: 2200538

Published

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

Catron v. State

885 So. 2d 910, 2004 Fla. App. LEXIS 14100, 2004 WL 2112777

District Court of Appeal of Florida | Filed: Sep 24, 2004 | Docket: 64833882

Published

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

D.P.B. v. State

877 So. 2d 770, 2004 Fla. App. LEXIS 8741

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 64831834

Published

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

Wilson v. State

853 So. 2d 514, 2003 Fla. App. LEXIS 12882, 2003 WL 22110387

District Court of Appeal of Florida | Filed: Aug 19, 2003 | Docket: 64824722

Published

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

Amendment to Florida Rule of Criminal Procedure 3.850

779 So. 2d 1290, 25 Fla. L. Weekly Supp. 906, 2000 Fla. LEXIS 2271, 2000 WL 1535283

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 64804300

Published

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

State v. Jones

772 So. 2d 40, 2000 Fla. App. LEXIS 12299, 2000 WL 1395927

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 64801945

Published

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

State v. Moss

758 So. 2d 1275, 2000 Fla. App. LEXIS 6874, 2000 WL 726523

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64797617

Published

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

Vicaria v. State

743 So. 2d 644, 1999 Fla. App. LEXIS 15153, 1999 WL 1038443

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 64791772

Published

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

Amendments to Florida Rules of Criminal Procedure 3.670 & 3.700(b)

760 So. 2d 67, 24 Fla. L. Weekly Supp. 527, 1999 Fla. LEXIS 1988, 1999 WL 1029286

Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 64797895

Published

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

State v. Williams

759 So. 2d 1, 1998 Fla. App. LEXIS 14719, 1998 WL 796626

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 64797634

Published

treatment options for certain drug offenders. Section 948.01(13), Florida Statutes (1997), authorizes “drug

McMillan v. State

701 So. 2d 1214, 1997 Fla. App. LEXIS 13301, 1997 WL 731794

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 64777005

Published

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

Harris v. State

698 So. 2d 343, 1997 Fla. App. LEXIS 9305, 1997 WL 465202

District Court of Appeal of Florida | Filed: Aug 15, 1997 | Docket: 64775458

Published

authority for the cost provision in condition 12. Section 948.001(1), Florida Statutes (1995) dealing with probation

State v. Morrow

700 So. 2d 391, 1997 Fla. App. LEXIS 8621, 1997 WL 423414

District Court of Appeal of Florida | Filed: Jul 29, 1997 | Docket: 64776166

Published

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

Childers v. Department of Environmental Protection

696 So. 2d 962, 1997 Fla. App. LEXIS 8173, 1997 WL 402381

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 64774873

Published

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

Hatton v. State

689 So. 2d 1195, 1997 Fla. App. LEXIS 2326, 1997 WL 106967

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771808

Published

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

McGehee v. State

688 So. 2d 1008, 1997 Fla. App. LEXIS 1810, 1997 WL 90782

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771514

Published

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

State v. Simmons

687 So. 2d 827, 22 Fla. L. Weekly Supp. 64, 1997 Fla. LEXIS 19, 1997 WL 57204

Supreme Court of Florida | Filed: Feb 13, 1997 | Docket: 64771046

Published

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

Bunn v. State

687 So. 2d 879, 1997 Fla. App. LEXIS 200, 1997 WL 20717

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 64771062

Published

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

McNally v. State

685 So. 2d 98, 1997 Fla. App. LEXIS 74, 1997 WL 5160

District Court of Appeal of Florida | Filed: Jan 8, 1997 | Docket: 64769922

Published

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

Chambers v. State

685 So. 2d 91, 1997 Fla. App. LEXIS 49, 1997 WL 1576

District Court of Appeal of Florida | Filed: Jan 2, 1997 | Docket: 64769920

Published

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

Williams v. State

681 So. 2d 817, 1996 Fla. App. LEXIS 10459, 1996 WL 582582

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768438

Published

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

Reatz v. State

677 So. 2d 963, 1996 Fla. App. LEXIS 8244, 1996 WL 441347

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766488

Published

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

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Florida Attorney General Reports | Filed: May 23, 1996 | Docket: 3257821

Published

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

Cooper v. State

672 So. 2d 638, 1996 Fla. App. LEXIS 4376

District Court of Appeal of Florida | Filed: Apr 26, 1996 | Docket: 64764084

Published

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

Beagling v. State

667 So. 2d 1019, 1996 Fla. App. LEXIS 1366, 1996 WL 64813

District Court of Appeal of Florida | Filed: Feb 16, 1996 | Docket: 64762250

Published

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

State v. Williams

667 So. 2d 191, 21 Fla. L. Weekly Supp. 42, 1996 Fla. LEXIS 29

Supreme Court of Florida | Filed: Jan 25, 1996 | Docket: 64761907

Published

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

State v. Millett

658 So. 2d 651, 1995 Fla. App. LEXIS 7999, 1995 WL 443961

District Court of Appeal of Florida | Filed: Jul 28, 1995 | Docket: 64758040

Published

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

State v. Williams

652 So. 2d 517, 1995 Fla. App. LEXIS 3515, 1995 WL 150255

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755170

Published

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

Lloyd v. State

650 So. 2d 235, 1995 Fla. App. LEXIS 1973, 1995 WL 79885

District Court of Appeal of Florida | Filed: Mar 1, 1995 | Docket: 64754219

Published

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

King v. State

648 So. 2d 183, 1994 Fla. App. LEXIS 13196

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 64753229

Published

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

Straughan v. State

636 So. 2d 845, 1994 Fla. App. LEXIS 4323

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 64748304

Published

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

Spear v. State

632 So. 2d 201, 1994 Fla. App. LEXIS 977, 1994 WL 43403

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 64746477

Published

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

Carlin v. State

626 So. 2d 316, 1993 Fla. App. LEXIS 11407, 1993 WL 461934

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 64743926

Published

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

State v. Carder

625 So. 2d 966, 1993 WL 424199

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 1517553

Published

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

State v. Stone

617 So. 2d 355, 1993 Fla. App. LEXIS 4143, 1993 WL 113315

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695777

Published

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

State v. Burgos

613 So. 2d 588, 1993 Fla. App. LEXIS 1642, 1993 WL 30598

District Court of Appeal of Florida | Filed: Feb 10, 1993 | Docket: 64694000

Published

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

Poulsen v. State

610 So. 2d 710, 1992 WL 379836

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 1164521

Published

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

Gasiorowski v. State

610 So. 2d 67, 1992 Fla. App. LEXIS 12713, 1992 WL 361301

District Court of Appeal of Florida | Filed: Dec 9, 1992 | Docket: 64692730

Published

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

Goss v. State

608 So. 2d 541, 1992 Fla. App. LEXIS 11643, 1992 WL 335896

District Court of Appeal of Florida | Filed: Nov 17, 1992 | Docket: 64692034

Published

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

Walker v. State

604 So. 2d 913, 1992 Fla. App. LEXIS 9426, 1992 WL 217177

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 64669575

Published

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

Alexander v. State

602 So. 2d 697, 1992 Fla. App. LEXIS 9067, 1992 WL 191279

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669027

Published

community control which exceeds two years. See § 948.001, Fla.Stat. (1987); § 948.03(2)(b), Fla.Stat. (1987);

Bozeman v. State

598 So. 2d 213, 1992 Fla. App. LEXIS 4984, 1992 WL 93573

District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 64667127

Published

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

Lippman v. State

595 So. 2d 190, 1992 Fla. App. LEXIS 1746, 1992 WL 32799

District Court of Appeal of Florida | Filed: Feb 25, 1992 | Docket: 64665836

Published

terms and conditions as provided in s. 948.03.” § 948.001(2), Fla. Stat. (1987). See generally Larson v

Steiner v. State

591 So. 2d 1070, 1991 WL 279434

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 64664430

Published

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

Rodriguez v. State

588 So. 2d 1031, 1991 Fla. App. LEXIS 11047, 1991 WL 225490

District Court of Appeal of Florida | Filed: Nov 5, 1991 | Docket: 64662895

Published

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

Yourn v. State

579 So. 2d 309, 1991 Fla. App. LEXIS 4337, 1991 WL 74815

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 64658627

Published

(1987). As such, it cannot exceed two years. § 948.01(5), Florida Statutes (1987). Accordingly, the

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Florida Attorney General Reports | Filed: Oct 4, 1990 | Docket: 3255788

Published

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

Coleman v. State

564 So. 2d 1238, 1990 Fla. App. LEXIS 5685, 1990 WL 108832

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 64652023

Published

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

Washington v. State

564 So. 2d 563, 1990 Fla. App. LEXIS 5111

District Court of Appeal of Florida | Filed: Jul 16, 1990 | Docket: 64651857

Published

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

Fisher v. State

559 So. 2d 362, 1990 Fla. App. LEXIS 2242, 1990 WL 37484

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 64649513

Published

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

Crawford v. State

558 So. 2d 1100, 1990 Fla. App. LEXIS 2341, 1990 WL 39888

District Court of Appeal of Florida | Filed: Apr 4, 1990 | Docket: 64649183

Published

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

Ray v. State

556 So. 2d 495, 1990 Fla. App. LEXIS 709, 1990 WL 7637

District Court of Appeal of Florida | Filed: Feb 6, 1990 | Docket: 64647990

Published

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

Charatz v. State

555 So. 2d 1303, 1990 Fla. App. LEXIS 441, 1990 WL 4101

District Court of Appeal of Florida | Filed: Jan 24, 1990 | Docket: 64647722

Published

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

Moore v. State

553 So. 2d 771, 14 Fla. L. Weekly 2922, 1989 Fla. App. LEXIS 7072, 1989 WL 152163

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 64646961

Published

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

O'Brien v. State

532 So. 2d 1351, 13 Fla. L. Weekly 2445, 1988 Fla. App. LEXIS 4805, 1988 WL 115229

District Court of Appeal of Florida | Filed: Nov 3, 1988 | Docket: 64638127

Published

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

Lewis v. State

532 So. 2d 1340, 13 Fla. L. Weekly 2428, 1988 Fla. App. LEXIS 4791, 1988 WL 114602

District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 64638121

Published

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

Soard v. State

531 So. 2d 248, 13 Fla. L. Weekly 2182, 1988 Fla. App. LEXIS 4144, 1988 WL 96455

District Court of Appeal of Florida | Filed: Sep 22, 1988 | Docket: 64636996

Published

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

Moreno v. State

532 So. 2d 15, 13 Fla. L. Weekly 1984, 1988 Fla. App. LEXIS 3757, 1988 WL 86868

District Court of Appeal of Florida | Filed: Aug 25, 1988 | Docket: 64637458

Published

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

Jackson v. State

529 So. 2d 1277, 13 Fla. L. Weekly 1986, 1988 Fla. App. LEXIS 3755, 1988 WL 87083

District Court of Appeal of Florida | Filed: Aug 25, 1988 | Docket: 64636508

Published

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

Stamper v. State

528 So. 2d 1323, 13 Fla. L. Weekly 1839, 1988 Fla. App. LEXIS 3489, 1988 WL 79821

District Court of Appeal of Florida | Filed: Aug 4, 1988 | Docket: 64636239

Published

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

Lloyd v. State

528 So. 2d 1219, 13 Fla. L. Weekly 1552, 1988 Fla. App. LEXIS 2778, 1988 WL 66080

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 64636204

Published

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

Gulker v. State

528 So. 2d 434, 13 Fla. L. Weekly 1420, 1988 Fla. App. LEXIS 2563, 1988 WL 61875

District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 64636016

Published

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

Falzone v. State

527 So. 2d 837, 13 Fla. L. Weekly 1175, 1988 Fla. App. LEXIS 1928, 1988 WL 45884

District Court of Appeal of Florida | Filed: May 13, 1988 | Docket: 64635726

Published

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

Carroll v. State

523 So. 2d 787, 13 Fla. L. Weekly 985, 1988 Fla. App. LEXIS 1575, 1988 WL 34667

District Court of Appeal of Florida | Filed: Apr 21, 1988 | Docket: 64634221

Published

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

Welch v. State

519 So. 2d 1090, 13 Fla. L. Weekly 382, 1988 Fla. App. LEXIS 419, 1988 WL 7061

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 64632633

Published

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

Lopez v. State

509 So. 2d 1334, 12 Fla. L. Weekly 1762, 1987 Fla. App. LEXIS 9478

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 64628446

Published

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

Bland v. State

507 So. 2d 1224, 12 Fla. L. Weekly 1407, 1987 Fla. App. LEXIS 8576

District Court of Appeal of Florida | Filed: Jun 4, 1987 | Docket: 64627497

Published

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

McGraw v. State

498 So. 2d 911, 11 Fla. L. Weekly 609, 1986 Fla. LEXIS 2870

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 64623635

Published

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

Fisher v. State

493 So. 2d 554, 11 Fla. L. Weekly 1945, 1986 Fla. App. LEXIS 9626

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 64621348

Published

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

State v. McGraw

487 So. 2d 359, 11 Fla. L. Weekly 885, 1986 Fla. App. LEXIS 7303

District Court of Appeal of Florida | Filed: Apr 15, 1986 | Docket: 64618842

Published

cross-appeal, held that “upon conviction of a felony, section 948.01(3) mandates a reporting probation.” Consequently

Bowker v. State

466 So. 2d 1246, 10 Fla. L. Weekly 931, 1985 Fla. App. LEXIS 13301

District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 64611196

Published

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

State v. Stankovitch

456 So. 2d 546, 9 Fla. L. Weekly 2037, 1984 Fla. App. LEXIS 15053

District Court of Appeal of Florida | Filed: Sep 21, 1984 | Docket: 64607019

Published

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

Jensen v. State

453 So. 2d 120, 1984 Fla. App. LEXIS 13844

District Court of Appeal of Florida | Filed: Jul 5, 1984 | Docket: 64606018

Published

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

Williams v. State

452 So. 2d 618, 1984 Fla. App. LEXIS 13860

District Court of Appeal of Florida | Filed: Jul 5, 1984 | Docket: 64605770

Published

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

Harden v. State

452 So. 2d 1034, 1984 Fla. App. LEXIS 13861

District Court of Appeal of Florida | Filed: Jul 5, 1984 | Docket: 64605915

Published

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

Battie v. State

452 So. 2d 1033, 1984 Fla. App. LEXIS 13854

District Court of Appeal of Florida | Filed: Jul 5, 1984 | Docket: 64605914

Published

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

Hiers v. State

440 So. 2d 71, 1983 Fla. App. LEXIS 24174

District Court of Appeal of Florida | Filed: Nov 10, 1983 | Docket: 64600509

Published

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

Ago

Florida Attorney General Reports | Filed: Oct 26, 1983 | Docket: 3259007

Published

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

Guest v. Department of Professional Regulation, Board of Medical Examiners

429 So. 2d 1225, 1983 Fla. App. LEXIS 18828

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 64596454

Published

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

Winkle v. State

422 So. 2d 984, 1982 Fla. App. LEXIS 21704

District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 64593740

Published

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

Cronce v. State

411 So. 2d 345

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 64588664

Published

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

Medina v. State

411 So. 2d 323, 1982 Fla. App. LEXIS 19554

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 64588654

Published

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

Noles v. State

407 So. 2d 370, 1981 Fla. App. LEXIS 21915

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 64586798

Published

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

Noyola v. State

407 So. 2d 353, 1981 Fla. App. LEXIS 21907

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 64586787

Published

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

Flynn v. State

413 So. 2d 36, 1981 Fla. App. LEXIS 21446

District Court of Appeal of Florida | Filed: Oct 30, 1981 | Docket: 64589562

Published

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

Meyers v. State

400 So. 2d 195, 1981 Fla. App. LEXIS 20438

District Court of Appeal of Florida | Filed: Jul 1, 1981 | Docket: 64583456

Published

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

Cline v. State

399 So. 2d 1115, 1981 Fla. App. LEXIS 20374

District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 64583354

Published

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

Lauxman v. State

402 So. 2d 432, 1981 Fla. App. LEXIS 20373

District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 64584642

Published

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

Smith v. State

399 So. 2d 498, 1981 Fla. App. LEXIS 20139

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 64583055

Published

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

Alexander v. State

399 So. 2d 424, 1981 Fla. App. LEXIS 20085

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64583022

Published

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

Lynn v. State

398 So. 2d 977, 1981 Fla. App. LEXIS 19751

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 64582824

Published

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

Roberts v. State

400 So. 2d 475, 1981 Fla. App. LEXIS 19253

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 64583572

Published

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

Hollingsworth v. State

394 So. 2d 580, 1981 Fla. App. LEXIS 18857

District Court of Appeal of Florida | Filed: Mar 4, 1981 | Docket: 64580655

Published

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

Phillips v. State

394 So. 2d 233, 1981 Fla. App. LEXIS 19526

District Court of Appeal of Florida | Filed: Feb 27, 1981 | Docket: 64580488

Published

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

Yates v. State

392 So. 2d 1020, 1981 Fla. App. LEXIS 18756

District Court of Appeal of Florida | Filed: Jan 28, 1981 | Docket: 64579846

Published

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

Williams v. State

392 So. 2d 600, 1981 Fla. App. LEXIS 20454

District Court of Appeal of Florida | Filed: Jan 20, 1981 | Docket: 64579644

Published

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

Wilcher v. State

388 So. 2d 320, 1980 Fla. App. LEXIS 17182

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578181

Published

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

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Florida Attorney General Reports | Filed: Jun 7, 1979 | Docket: 3258278

Published

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

Hardy v. State

370 So. 2d 822, 1979 Fla. App. LEXIS 14533

District Court of Appeal of Florida | Filed: May 2, 1979 | Docket: 64570101

Published

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

Vihinen v. State

368 So. 2d 626, 1979 Fla. App. LEXIS 14255

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 64569074

Published

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

Hicks v. State

362 So. 2d 173

District Court of Appeal of Florida | Filed: Sep 15, 1978 | Docket: 64565917

Published

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

Bracey v. State

356 So. 2d 72

District Court of Appeal of Florida | Filed: Mar 16, 1978 | Docket: 64563328

Published

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

Wilcox v. State

349 So. 2d 851, 1977 Fla. App. LEXIS 16596

District Court of Appeal of Florida | Filed: Sep 20, 1977 | Docket: 64560097

Published

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

Dorfman v. State

351 So. 2d 954, 1977 Fla. LEXIS 3980

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 64561198

Published

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

McNulty v. State

339 So. 2d 1155, 1976 Fla. App. LEXIS 16024

District Court of Appeal of Florida | Filed: Dec 8, 1976 | Docket: 64556136

Published

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

Bush v. State

338 So. 2d 255, 1976 Fla. App. LEXIS 15620

District Court of Appeal of Florida | Filed: Oct 15, 1976 | Docket: 64555430

Published

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

Williams v. State

332 So. 2d 33, 1976 Fla. App. LEXIS 14341

District Court of Appeal of Florida | Filed: May 7, 1976 | Docket: 64553638

Published

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

Adkins v. State

330 So. 2d 809, 1976 Fla. App. LEXIS 15093

District Court of Appeal of Florida | Filed: May 5, 1976 | Docket: 64553451

Published

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

Wildie v. State

326 So. 2d 198, 1976 Fla. App. LEXIS 14274

District Court of Appeal of Florida | Filed: Feb 6, 1976 | Docket: 64552261

Published

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

Lennard v. State

308 So. 2d 579, 1975 Fla. App. LEXIS 14544

District Court of Appeal of Florida | Filed: Feb 28, 1975 | Docket: 64544644

Published

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

Woodruff v. State

309 So. 2d 55, 1975 Fla. App. LEXIS 14335

District Court of Appeal of Florida | Filed: Feb 19, 1975 | Docket: 64544777

Published

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

Harrell v. State

308 So. 2d 51

District Court of Appeal of Florida | Filed: Feb 14, 1975 | Docket: 64544392

Published

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

Suggs v. State

304 So. 2d 463, 1974 Fla. App. LEXIS 7512

District Court of Appeal of Florida | Filed: Dec 11, 1974 | Docket: 64543095

Published

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

Craft v. State

300 So. 2d 307, 1974 Fla. App. LEXIS 8696

District Court of Appeal of Florida | Filed: Sep 18, 1974 | Docket: 64541252

Published

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

Reino v. State

295 So. 2d 123

District Court of Appeal of Florida | Filed: May 14, 1974 | Docket: 64539194

Published

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

Harden v. State

293 So. 2d 741, 1974 Fla. App. LEXIS 7650

District Court of Appeal of Florida | Filed: Apr 16, 1974 | Docket: 64538665

Published

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

Alleman v. State

279 So. 2d 382, 1973 Fla. App. LEXIS 8011

District Court of Appeal of Florida | Filed: Jun 5, 1973 | Docket: 64532959

Published

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

Sanders v. State

268 So. 2d 553, 1972 Fla. App. LEXIS 6037

District Court of Appeal of Florida | Filed: Nov 10, 1972 | Docket: 64528540

Published

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

State v. Dull

249 So. 2d 758, 1971 Fla. App. LEXIS 6448

District Court of Appeal of Florida | Filed: Jun 29, 1971 | Docket: 64521113

Published

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

Johnson v. State

242 So. 2d 876, 1971 Fla. App. LEXIS 5510

District Court of Appeal of Florida | Filed: Jan 19, 1971 | Docket: 64518288

Published

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

Gazda v. State

244 So. 2d 454, 1970 Fla. App. LEXIS 6581

District Court of Appeal of Florida | Filed: Dec 30, 1970 | Docket: 64518934

Published

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

Berzin v. State

215 So. 2d 897, 1968 Fla. App. LEXIS 4884

District Court of Appeal of Florida | Filed: Nov 19, 1968 | Docket: 64507389

Published

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

Varnom v. State

198 So. 2d 64, 1967 Fla. App. LEXIS 4734

District Court of Appeal of Florida | Filed: Apr 27, 1967 | Docket: 64500694

Published

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

Ard v. State

91 So. 2d 166

Supreme Court of Florida | Filed: Dec 5, 1956 | Docket: 64488599

Published

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

Ard v. State

91 So. 2d 166

Supreme Court of Florida | Filed: Dec 5, 1956 | Docket: 64488599

Published

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