Florida/Georgia Personal Injury & Workers Compensation

...n that promote rehabilitation. See, e.g., § 948.03(2), Fla. Stat. (2011) (“The enumeration of specific kinds of terms and conditions [for probation] shall not prevent the court from adding thereto such other or others as it considers proper.”); § 948.039, Fla....

appropriate for the offender” as required by section 948.039, Florida Statutes. Special condition 20 prohibits

...afforded by rule 3.800(b)(2)(B). Consequently, the order granting Lavender's motion is a nullity. See Williams v. State, 67 So. 3d 249, 250-51 (Fla. 2d DCA 2010). Special terms and conditions of probation must be imposed by oral pronouncement at sentencing. § 948.039, Fla....

...We next address Defendant’s argument that the county court erroneously imposed a mental health evaluation as a special condition of probation. A court is statutorily authorized to impose “special terms and conditions of probation or community control.” § 948.039, Fla. Stat. (2019). “To impose a special condition of probation, there must be a reasonable nexus between the condition and the crime committed.” Carone v. State, 975 So. 2d 553, 554 (Fla. 4th DCA 2008); see also § 948.039, Fla....

...2d 589, 592 (Fla. 1996) (citing Hart v. State, 651 So. 2d 112, 113 (Fla. 2d DCA 1995)), "[s]pecial terms and conditions of probation must be imposed by oral pronouncement at sentencing," Lavender v. State, 203 So. 3d 969, 971 (Fla. 2d DCA 2016) (citing § 948.039, Fla. Stat. (2014)). See § 948.039, Fla. Stat....

...Hart, 668 So. 2d 589, 592 (Fla. 1996). Special terms and conditions of probation must be imposed by oral pronouncement at sentencing before including such terms and conditions 4 in a written sentencing order. § 948.039, Fla....

...The district court also noted that reading the statute as limiting imposition of the condition to only the enumerated offenses is inconsistent with the broad discretion given trial courts to determine what conditions will promote a probationer’s rehabilitation. Id. (citing §§ 948.03(2), 948.039, Fla....

...The Third District assumed the imposed therapy referred to the sex offender therapy required to be imposed upon sex offenders in section 948.30. However, the trial judge could have instead been acting under one of the sections that grants broad discretion to trial courts to determine probation conditions. See §§ 948.03(2), 948.039, Fla....

...itions to be applied to probations for non-enumerated offenses, we must resolve this doubt against our supplying of any “omission” to address the issue. *53 Even using the doctrine of in pari mate-ria, the result is the same. Sections 948.03 and 948.039 describe the broad discretion given to trial courts to determine probation conditions. See § 948.03(2), Fla. Stat. (2008) (“The enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such other or others as it considers proper.”); § 948.039, Fla....

...the condition to only the enumerated offenses is inconsistent with the broad -4- discretion given trial courts to determine what conditions will promote a probationer’s rehabilitation. Id. (citing §§ 948.03(2), 948.039, Fla....

...referred to the sex offender therapy required to be imposed upon sex offenders in section 948.30. However, the trial judge could have instead been acting under one of the sections that grants broad discretion to trial courts to determine probation conditions. See §§ 948.03(2), 948.039, Fla....

...- 11 - enumerated offenses, we must resolve this doubt against our supplying of any “omission” to address the issue. Even using the doctrine of in pari materia, the result is the same. Sections 948.03 and 948.039 describe the broad discretion given to trial courts to determine probation conditions. See § 948.03(2), Fla. Stat. (2008) (“The enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such other or others as it considers proper.”); § 948.039, Fla....

...nd conditions of probation or community control for certain sex offenses.” Id. (emphasis added). Despite this assumption, the ambiguity of the trial court renders it not only possible, but likely, that the trial court actually acted pursuant to section 948.039, Florida Statutes, when it imposed MDSO therapy....

...That section provides: “The court may determine any special terms and conditions of probation or community control. The terms and conditions should be reasonably related to the - 24 - circumstances of the offense committed and appropriate for the offender. . . .” § 948.039, Fla. Stat. (2008).7 Thus, it is not clear whether the trial court imposed the disputed condition under section 948.30, the provision that mandates a lengthy list of conditions for certain sex offenders, or, as I suspect, section 948.039, which grants trial courts wide latitude to impose special conditions of probation....

...ith the majority in its conclusion that section 948.30 is ambiguous on this point. Thus, the majority’s reliance on principles of statutory interpretation, especially the principle of in pari materia and the consideration of sections 948.03 and 948.039, is appropriate here. Section 948.03(2) indicates that the enumeration of specific kinds of terms and 7....

...conditions shall not prevent the court from adding thereto such other or others as it may consider proper. This provision supports the conclusion that the provisions required by section 948.30 are not exclusive to the enumerated offenses in that statute. Moreover, section 948.039 appears to operate as a limitation on the scope of special conditions, but does so in a permissive manner: “The court may determine any special terms and conditions of probation or community control. The terms and conditions should be reasonably related to the circumstances of the offense committed and appropriate for the offender.” (Emphasis added). Only by reading sections 948.03, 948.039, and 948.30 in pari materia can we actually understand the question presented by this case: is the wide discretion statutorily granted to trial courts expansive enough to allow a court to impose a condition that is otherwise mandatorily im...

...Even if the jury convicted Villanueva of misdemeanor battery alone, rather than lewd and lascivious molestation, the trial judge heard all of the evidence presented to the jury, and the trial judge has a great deal of discretion in fashioning conditions of probation. See §§ 948.03(2), 948.039....

...We find no reversible error with respect to any issue affecting the convictions, and affirm them without further discussion. We agree with appellant, however, that the trial court erred in assessing “First Step Program” costs as a written (but not oral) special condition of probation. 1 Section 948.039, Florida Statutes (2009), mandates that trial courts impose special conditions of probation by oral pronouncement and written order....

...Such special conditions include requirements that the offender “[p]ay not more than $1 per month during the term of probation or community control to a nonprofit organization established for the sole purpose of supplementing the rehabilitative efforts of the Department of Corrections.” § 948.039(2), Fla....

...Stat. (2009). It appears that the First Step of the Fifth Judicial Circuit, Inc., is such a program. These fees used to be included as standard conditions under section 948.03(1), Florida Statutes (1996), but in 2004, were made special conditions under section 948.039, Florida Statutes....

appropriate for the offender” as required by section 948.039, Florida Statutes. These challenges were raised

...correction of “an inadvertent check mark” on the written sentence that contradicted the court’s oral pronouncement). We also note that the court imposed special conditions of probation at sentencing, but the record does not contain a written probation order. See § 948.039, Fla....

...2 that “enumeration . . . does not prevent the court from adding thereto such other or others as it considers proper.” Id. (2). Indeed, the trial court “may determine any special terms and conditions of probation or community control.” § 948.039, Fla....

...related to the circumstances of the offense committed and appropriate for the offender” or that the court failed to set them out as part of an “oral pronouncement at sentencing and include the terms and conditions in the written sentencing order.” § 948.039, Fla....