The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 948.03(1), (4)(a), (b) (2016) ("unreasonable risk of harm," "unreasonable risk of great bodily harm . . .
. . . Section 948.03(2), Florida Statutes (2018), provides that a trial court may rescind or modify the terms . . . defendant agreed to modification, but distinguishing modification under section 948.06 from section 948.03 . . . Because section 948.03(2) does not contain similar requirements, the court properly considered Petitioner's . . .
. . . This language tracks the language of section 948.03(1)(m), Florida Statutes (2015). . . . Additionally, although section 948.03(1)(m) only includes firearms and weapons in its prohibition of . . .
. . . Section 948.03(2), Florida Statutes, generally allows a trial court to rescind or modify the terms and . . .
. . . is replaced with "GENERAL CONDITIONS: [List the general conditions of probation pursuant to section 948.03 . . . Florida Statutes. (13) You shall submit to the taking of a digitized photograph as required by section 948.03 . . . GENERAL CONDITIONS: [List the general conditions of probation pursuant to section 948.03, Florida Statutes . . .
. . . . § 948.03(2)(b). See State v. . . . Kimberly B., 283 Wis.2d 731, 699 N.W.2d 641, 647 (2005) (recognizing that conviction under 948.03(2)( . . .
. . . requirement of maintaining a daily activity log is not statutorily authorized under sections 948.101 and 948.03 . . .
. . . Because I conclude that the trial court acted within the broad discretion provided by section 948.03, . . . .2d 734 (Fla.1993)—a misreading that unduly limits the discretion afforded to trial judges by section 948.03 . . . The statute provides that “[t]he court shall determine the terms and conditions of probation.” § 948.03 . . . conditions shall not prevent the court from adding thereto such other or others as it considers proper.” § 948.03 . . . Nothing in section 948.30 suggests that it in any way limits the authority granted by section 948.03. . . . statutory interpretation, especially the principle of in pari materia and the consideration of sections ,948.03 . . . Section 948.03(2) indicates that the enumeration of specific kinds of terms and conditions shall not . . . Only by reading sections 948.03, 948.039, and 948.30 in pari materia can we actually understand the question . . . See §§ 948.03(2), 948.039. . . . (citing §§ 948.03(2), 948.039, Fla. Stats. (2011)). . . . See §§ 948.03(2), 948.039, Fla. Stats. (2008). . . . Sections 948.03 and 948.039 describe the broad discretion given to trial courts to determine probation . . . See § 948.03(2), Fla. . . .
. . . also concluded that the condition is no more vague than the general condition contained in section 948.03 . . . Demott Section 948.03 provides a list of sixteen conditions of probation that are deemed a standard part . . . See § 948.03(1), Fla. Stat. (2015). . . . One of these-standard conditions, set forth in section 948.03(l)(k), states that the probationer shall . . . Demott does not challenge the validity of section 948.03(l)(k). . . .
. . . The court shall make the payment of restitution- a condition of probation in accordance'-with s. 948.03 . . . The court shall make the payment of restitution a condition of probation in accordance with s. 948.03 . . .
. . . Florida Statutes. (13) You shall submit to the taking of a digitized photograph as required by section 948.03 . . .
. . . Section 948.03(2), Florida Statutes (2014), permits a court, as a special condition of probation, to . . .
. . . departed from the essential requirements of law because it erroneously interpreted the language of section 948.03 . . .
. . . Section 948.03(2), Florida Statutes (2010), provides that if the court “imposes a period of incarceration . . . sentence imposing five years in state prison as a condition of probation is in violation of section 948.03 . . . (holding that á sentence of two years in state prison as a condition of probation violated section 948.03 . . . that “the sentence imposing forty-eight months in prison as a condition of probation violated section 948.03 . . .
. . . His order of probation largely tracked the language of section 948.03(1), Florida Statutes (2000). . . . the probationer to “[pjermit such supervisors to visit him or her at his or her home or elsewhere.” § 948.03 . . . Harrell points to the lack of an express warrantless search condition in section 948.03. . . . Furthermore, section 948.03(1)(b), which permits a supervisor to visit a probationer at his home, places . . .
. . . See § 948.03(l)(c), Florida Statutes (2012) (providing that a trial court may require a probationer to . . . interest in requiring Pulecio to “[w]ork faithfully at suitable employment insofar as may be possible,” § 948.03 . . .
. . . Section 948.03(l)(k), Florida Statutes (2012) provides, in pertinent part: 948.03. . . . In denying the motion, the trial court held that the condition was permissible because section 948.03 . . . unlawfully sold, dispensed, or used is valid as a more precise defining of conduct prohibited under section 948.03 . . . vague than the condition approved in Tomlinson or the condition specifically authorized by section 948.03 . . . Also, the defendant has not challenged the validity of section 948.03. . . .
. . . unlawful acts pursuant to section 847.0135(4)(a), which is not an enumerated offense under section 948.03 . . .
. . . . § 948.03. . . . (Plaintiff was not cited for violating § 948.03, but that is irrelevant under the Fourth Amendment. . . . Stat. § 948.03(2)(b), “Whoever intentionally causes bodily harm to a child is guilty of a Class H felony . . .
. . . the court must make the payment of restitution a condition of probation in accordance with section 948.03 . . .
. . . See, e.g., §§ 948.014, 948.03(l)(o), Fla. . . . Stat. (2011) (provide blood or other biological speei-mens); §§ 948.03(l)(f), 948.032, Fla. . . . See, e.g., § 948.03(2), Fla. . . .
. . . . § 948.03(1)(1) (2006) (general condition of probation prohibiting a probationer from possessing, carrying . . .
. . . . § 948.03(3)(b). He was sentenced to 2 ^ years’ imprisonment and 4/& years probation. . . .
. . . . § 948.03(5)(a)(7), Fla. Stat. (1998). . . .
. . . . §§ 948.21, 948.03(4), 948.04(2), 948.20 (West, Westlaw through 1996 legislation). . . .
. . . . §§ 948.21, 948.03(4), 948.04(2), 948.20 (West, Westlaw through 1996 legislation). . . .
. . . Section 948.30(1) was originally created as section 948.03(5), Florida Statutes (1995). . . .
. . . Section 948.03(2), Florida Statutes (2011), provides that if the court “imposes a period of incarceration . . . completed in a county facility, a probation or restitution center, or a community residential facility. § 948.03 . . . holding that sentence of forty-eight months in state prison as a condition of probation violated section 948.03 . . .
. . . In support, the defendant cites section 948.03(1)(a), Florida Statutes (2011), which provides, in pertinent . . .
. . . As part of the probation, the circuit court imposed a condition required by section 948.03(5)(a)7., Florida . . . computer programs, or computer services that are relevant to the offender’s deviant behavior 'pattern.” § 948.03 . . . The probation condition at issue arises from section 948.03(5)(a)7., Florida Statutes (2001). . . . . § 948.03(5)(a)7., Fla. Stat. (2001) (emphasis added). . . . the state can establish that the material is “relevant to the offender’s deviant behavior pattern.” § 948.03 . . .
. . . motion to modify conditions of probation, which the trial court is authorized to consider under section 948.03 . . .
. . . is also required to make payment of restitution a condition of probation in accordance with section 948.03 . . . condition of probation, unless it determines that clear and compelling reasons exist to the contrary.” § 948.03 . . . Further, under both sections 775.089(l)(b)l. and 948.03(l)(f), if the court “does not order restitution . . .
. . . . § 948.03, Fla. Stat. (2009). On Mr. . . .
. . . See § 948.03(5)(b)(5), Fla. . . .
. . . These fees used to be included as standard conditions under section 948.03(1), Florida Statutes (1996 . . .
. . . Section 948.03(2), Florida Statutes (2008), provides that if the trial court imposes a period of incarceration . . . Thus, the sentence imposing forty-eight months in prison as a condition of probation violated section 948.03 . . .
. . . specified contacts with parole and probation officers[ ] and other terms and conditions as provided in s. 948.03 . . . supervisors and permits a trial court to “rescind or modify at any time the terms and conditions” imposed. § 948.03 . . . (Supp. 1998 & 1999); 948.03(l)(a), (2), (5), Fla. Stat. (Supp. 1998 & 1999). . . .
. . . Specific references to sections 948.03 and 948.101, Florida Statutes, are included because these statutes . . . , Florida Statutes. (13) You shall submit to the taking of a digitized photograph as required by s. 948.03 . . .
. . . Under section 948.03(5), Florida Statutes (1993), the one-year term of incarceration is illegal as a . . .
. . . Section 948.03(2), Florida Statutes (2008), states that “if the court ... imposes a period of incarceration . . .
. . . The reporting requirement of probation provided for in section 948.03(l)(a), Florida Statutes (2006), . . .
. . . “[A] condition of probation which is statutorily authorized or mandated, see, e.g., section 948.03-.034 . . . Section 948.03(l)(b), Florida Statutes (2007), provides that a probationer shall “[pjermit such supervisors . . . The state asserts that the standard condition satisfies the spirit of section 948.03(l)(b) because a . . .
. . . Section 948.03(2), Florida Statutes (2004), provides that a trial court “may rescind or modify at any . . .
. . . Stat. (2009); § 948.03(l)(e), Fla. Stat. (2009). . . .
. . . . § 948.03(2)(b), kidnapping, id. § 940.31(l)(b), and seven counts of hostage-taking, id. § 940.305(1 . . .
. . . The affidavit of violation of probation tracked section 948.03(5)(a)(7), Florida Statutes (2003), which . . . Thus, section 948.03(5)(a)(7) does not prohibit a probationer from possessing any and all obscene, pornographic . . .
. . . Section 948.03(2) of the Florida Statutes (2007) provides: [I]f the court withholds adjudication of guilt . . .
. . . Because the appellant’s crime was committed on August 18, 1995, section 948.03, Florida Statutes (1995 . . . Section 948.03, Florida Statutes (1995), affords trial courts discretion to impose probation terms and . . . Stat. (2006); § 948.03, Fla. Stat. (1995). . . . the sentencing hearing did not conclusively show that it exercised its discretion pursuant to section 948.03 . . .
. . . specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03 . . .
. . . applied the rule of lenity and held that the qualifying language relating to “relevance” in section 948.03 . . .
. . . See § 948.03(2), Fla. Stat. (2007); see also State v. Springer, 965 So.2d 270 (Fla. 5th DCA 2007). . . .
. . . Special Condition” in the order under review, this condition, which was imposed pursuant to section 948.03 . . . Although section 948.03(6), Florida Statutes (2001) (currently section 948.03(2), Florida Statutes (2008 . . . However, neither Special Condition 2 nor the statute requiring its imposition, section 948.03(5)(a)2. . . . Section 948.03(5)(a)2., Florida Statutes (2001) (currently section 948.30(l)(b), Florida Statutes (2008 . . .
. . . As I will show, the Legislature intended section 948.03(5)(a)(7) to prohibit supervised sex offenders . . . In addition to this broad antipornography ban, the Legislature intended section 948.03(5)(a)(7) to prohibit . . . Indeed, the opposite is true: The Legislature amended section 948.03(5)(g) (postamendment 948.03(5) ( . . . 948.03(5)(a)(7)) to expand, rather than limit, the existing prohibition. . . . Kasischke disputes whether his possession of this videotape violated section 948.03(5)(a)(7). . . . The Plain Text of Section 948.03(5)(a)(7) The plain text of section 948.03(5)(a)(7) clearly conveys the . . . Cf. § 948.03(6), Fla. . . . From 1995 until 1996, section 948.03(5)(g) remained unchanged. . . . Cf. § 948.03(6), Fla. . . . .”); § 948.03(2), Fla. Stat. (2007) (substantially similar). . . . Section 948.03(5)(a), Florida Statutes (1999), requires that courts impose several conditions on sexual . . . computer programs, or computer services that are relevant to the offender’s deviant behavior pattern. § 948.03 . . . For the reasons explained below, we find section 948.03(5)(a)(7), Florida Statutes (1999), ambiguous. . . . , Laws of Florida, states in pertinent part: An act relating to sex offenders; ... amending section 948.03 . . . “relevant to the offender’s deviant behavior pattern” qualifies each of the prohibitions in section 948.03 . . .
. . . Stat. (2007) (previously codified at § 948.03(5)(a)(3), Fla. Stat. (2003)). . . . supervision may only be accomplished if the offender undertakes immediate treatment, as required by section 948.03 . . .
. . . held in Kiriazes that the trial court’s failure to impose a probation condition required by section 948.03 . . .
. . . probationer remains on a form of probation, and the standard conditions of probation set forth in section 948.03 . . . The standard conditions listed in section 948.03(1) include: (k)(l) Submit to random testing as directed . . . Under section 948.03(l)(k)(l), Phillips was required to submit to random drug tests. . . . Phillips violated section 948.03(l)(m) when he tested positive for marijuana and cocaine use. . . .
. . . Florida Statute 948.03(2) provides in pertinent part that “The Court may rescind or modify at any time . . . That language existed in § 948.03 at the time § 948.30 was promulgated. . . . As noted earlier, § 948.03(l)(b) contains the phrase “,as prescribed by the court.” . . . In Wes-ner, the Second District, reviewing section 948.03(5)(a)5., Florida Statutes (2000), held that . . . This section formerly appeared in section 948.03(6), Florida Statutes (2004). . . .
. . . Given the statutory requirements of both sections 775.089 and 948.03 that restitution be imposed absent . . .
. . . Section 948.30 formerly appeared as section 948.03(5), Florida Statutes (2004). . . .
. . . an order revoking his community control for violating a condition of community control under section 948.03 . . . Section 948.03(5)(a) requires courts to impose upon all probationers and community controllees, whose . . . See § 948.03(5)(a)(6), Fla. Stat. . . . The language of section 948.03(5)(a)(7), as currently written, is undeniably susceptible to multiple . . . In 1997, the legislature amended section 948.03(5)(a)(7) through the passage of Committee Substitute . . .
. . . Section 948.03(1), Florida Statutes (2005), sets forth standard terms and conditions of probation. . . . .” § 948.03(l)(e). . . .
. . . . § 948.03(2), Fla. Stat. (2006). In Clark v. . . .
. . . The court shall make the payment of restitution a condition of probation in accordance with s. 948.03 . . .
. . . conditions were not special conditions and were standard conditions under Florida Statutes sections 948.03 . . . other words, a condition of probation which is statutorily authorized or mandated, see, e.g., sections 948.03 . . . The general conditions enumerated in section 948.03 do not include the financial responsibility for drug . . .
. . . total sentence imposed (five years) was already at the statutory maximum for each offense, section 948.03 . . .
. . . The court shall make the payment of restitution a condition of probation in accordance with s. 948.03 . . .
. . . . § 948.03(l)(b), Fla. Stat. (2002). . The State has not addressed the issue of whether Ms. . . .
. . . random alcohol and drug testing, which is a general condition of probation authorized under section 948.03 . . .
. . . The statute referred to by the trial court, section 948.03, Florida Statutes (2000), provides: (1) The . . . See § 948.03(1). . . .
. . . submit to warrantless searches is valid even though it is not pronounced at sentencing, because section 948.03 . . . See § 948.03(1)(a)-(m), Fla. Stat. . See § 948.03(1)(o ), Fla. . . . Stat. .Section 948.03(1) provides that conditions specified in paragraphs 948.03(a)-(m) do not require . . . By implication, the condition set forth in 948.03(l)(o) requires oral pronouncement to be imposed. . . . . See § 948.03(5)(a)10, Fla. Stat. . . .
. . . that the testing requirement set forth in the first sentence of paragraph 12 is authorized by section 948.03 . . .
. . . year prison sentence, appellant waived his right to make various constitutional challenges to section 948.03 . . .
. . . hearing conducted less than sixty days after Ridley’s sentencing, but not on the authority of section 948.03 . . .
. . . The court shall make the payment of restitution a condition of probation in accordance with s. 948.03 . . .
. . . Condition 72 of the standard sexual offender conditions, section 948.03(5)(a)(6), Florida Statutes (1999 . . . of probation, a trial court still has the alternative of imposing its own additional conditions. § 948.03 . . .
. . . Stat. (2004) (previously codified at section 948.03(5)(a)(3), Florida Statutes (2003)). . . .
. . . to an'evaluation and attend certain sex offender counseling sessions under the authority of section 948.03 . . . Torres argues that section 948.03(4) does not provide statutory authority for the court to impose sex . . . Section 948.03(4), Florida Statutes (2002), provides: The court shall require a diagnosis and evaluation . . .
. . . Miller’s probation, as required by section 948.03(5)(a) and (b), Florida Statutes (2002), was erroneous . . . The State responded that because the requirements of section 948.03(5)(a) are mandatory when a defendant . . . Section 948.03(5)(a) indicates that for probationers who committed certain specified sex based crimes . . . In the present case, on the other hand, the requirements of section 948.03 are specifically engrafted . . . We note that section 948.03(5), which mandates the imposition of sex offender conditions of probation . . .
. . . . § 948.03(5)(a), Fla. Stat. (2003). . . .
. . . Case law recognizes that a trial court may, pursuant to section 948.03(6), Florida Statutes, at any time . . .
. . . amendments are in response to chapter 2001-50, section 6, at 321, Laws of Florida, which amended section 948.03 . . .
. . . . § 948.03. Lt. . . . Stat. § 948.03. . . . Stat. § 948.03. . . .
. . . The trial court based its conclusion on section 948.03, Florida Statutes (1987), which lists the general . . . conditions shall not prevent the court from adding thereto such other or others as it considers proper.” § 948.03 . . . In addition to its analysis of section 948.03, the trial court found that the condition imposing psychiatric . . . evaluation and mental health counseling on England was specifically authorized by section 948.03(6). . . . As a general condition of probation authorized by section 948.03, no oral statement of the condition . . .
. . . The court imposed as special conditions of probation the conditions set forth in section 948.03(5)(a) . . . Although the statutory language of section 948.03(5)(a), Florida Statutes (Supp.1998), requires the imposition . . . Indeed, section 948.03(4), Florida Statutes (1985), specifically authorizes the court to impose any conditions . . .
. . . at liberty without violating any law” is a standard condition of probation, authorized under section 948.03 . . . In Tory, we held that standard conditions of probation provided in section 948.03, or included in rule . . . 985.231(l)(a)l, Florida Statutes, and Florida Rule of Juvenile Procedure 8.947, and not by section 948.03 . . . Stat. § 948.03(1)(1993) and finding that there was no express statutory requirement, corresponding to . . .
. . . See § 948.03(1), Fla. Stat. (1999)(general conditions of probation), and Fla. R.Crim. . . . See § 948.03(1), Fla. Stat. . . .
. . . Compare this statute with section 948.03(1), Florida Statutes (2002), which specifically exempts from . . .
. . . pronounce this condition and it is not included in the list of standard probation conditions in section 948.03 . . .
. . . of incarceration followed by three years of supervised sex offender probation, pursuant to section 948.03 . . . was ordered to comply with the following conditions, which closely parrot the provisions of sections 948.03 . . . (5)(a)3. and 948.03(5)(b)4., Florida Statutes (2000): You will actively participate in and successfully . . . Stat. (2000). . §§ 948.03(5)(a)2. & 6., Fla. Stat. (2000). . § 948.03(5)(a)4., Fla. . . . . § 948.03(5)(a)8., Fla. Stat. (2000). . . .
. . . . § 948.03(1), Fla. Stat. (2002); e.g., Queen v. State, 832 So.2d 956 (Fla. 5th DCA 2002). . . .
. . . community by specially trained probation officers with low caseloads, as described in ss. 947.1405(7) and 948.03 . . .
. . . In addition to section 775.089(1), section 948.03(l)(e), Florida Statutes (1999), also imposes this requirement . . . . 948.03 Terms and conditions of probation or community control.— (e) Make reparation or restitution . . .
. . . See § 948.03(5), Fla. Stat. (2000). . . .
. . . erred by finding that he violated condition 10(e) of his probation, a condition required by section 948.03 . . .
. . . Concerning the alleged violations of condition 77 for failure to submit to electronic monitoring, section 948.03 . . .
. . . Florida Rule of Criminal Procedure 3.800(b)(2), that condition eighteen was permissible based on section 948.03 . . .
. . . See §§ 775.089(3)(a), (4), 948.03(1)(a), (e) Fla. Stat. (2000); see also White, 755 So.2d at 832. . . .
. . . See § 948.03(l)(k)(l), Fla. Stat. (2000); Diaz v. State, 691 So.2d 589 (Fla. 2d DCA 1997). . . .