Florida/Georgia Personal Injury & Workers Compensation

...In contrast, there is no such limitation on the period of community control or probation that an adult may receive. An adult may be placed on probation for six months as sanctions for the commission of a second degree misdemeanor, even though the maximum incarcerative penalty is 60 days. § 948.04, Fla....

...ation and probation in excess of the maximum period provided by statute for the offense charged is overruled. In Watts, the court gave the reasoning for holding the combined periods within the statutory maximum in these words: Until 1974, Fla. Stat. § 948.04 specified that a term of probation could not extend more than two years beyond the maximum permissible sentence....

...However, it asks us to create an exception that would allow consideration of untimely filed charges contained in an amended affidavit of probation violation when the newly charged violations occur at or near the end of the probationary term. We decline to do so. The pertinent language contained in sections 948.04(2) and 948.06(1), Florida Statutes (1991), is substantially the same as the statutory language upon which the jurisdictional rule was first based. See Shelby, 97 So.2d at 632 (relying on 1957 version of section 948.04); Brooker v. State, 207 So.2d 478, 479 (Fla. 3d DCA 1968) (relying on 1967 version of both provisions). Section 948.04(2) provides: Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed....

...s to believe that a condition of probation has been violated in a material way. This Court agreed that these provisions are jurisdictional in Carroll v. Cochran, 140 So.2d at 301. Although there have been various amendments to sections 948.06(1) and 948.04(2) throughout the years, [2] there has been no legislative response to our opinion in Carroll or to the subsequent district court opinions holding that a court lacks jurisdiction to consider new allegations contained in an untimely amended affidavit....

...violation of probation within a reasonable period of time after the probationary period has ended. McDONALD, Senior Justice, concurs. NOTES [1] Art. V. § 3(b)(4), Fla. Const. [2] See, e.g., ch. 74-112, § 10; ch. 91-280, § 5, Laws of Fla. (rewrote section 948.04(2)); ch....

...bation, and imposed sentence for the crime of which probationer stood convicted. Petitioner insists that an affidavit of violation filed after the expiration of the probationary period is incompetent as a basis for revocation of probation. We agree. Section 948.04 F.S., F.S.A., provides that upon termination of the period of probation "the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed." It is clear that upon expirat...

...SCHEB, Judge. Appellant was convicted of aggravated assault resulting from an occurrence on September 29, 1974. Although the maximum permissible sentence for the crime is five years [1] appellant was placed on probation for six years. Until 1974, Fla. Stat. § 948.04 specified that a term of probation could not extend more than two years beyond the maximum permissible sentence....

...Accordingly, the judgment is affirmed, but we remand for the trial court to impose a new term of probation consistent with this opinion. McNULTY, C.J., and HOBSON, J., concur. NOTES [1] See Fla. Stat. §§ 784.04 and 775.082(4)(d) (1973). [2] Fla. Stat. § 948.04, as amended, provides that a defendant found guilty of a misdemeanor may be placed on probation for six months....

...Here, the maximum sentence that could have been imposed against petitioner was five years. If the trial judge had performed his duty to place the petitioner under probation at the time he suspended the imposition of sentence, the period of probation could not have exceeded seven years. § 948.04, Fla....

...tional offenses. The Second District accurately concluded that the third-degree felonies were not pending before the trial court for sentencing during the 2006 sentencing proceeding because Sanders had completed his probation for those offenses. See § 948.04(2), Fla....

...The majority implicitly concludes that, because the amended affidavit was filed too late to invoke the statutory tolling provisions of section 948.06(1) (2005), Florida Statutes, the amended affidavit was of no effect. I agree with this conclusion. Section 948.04(2), Florida Statutes (2005), provides that a probationer is entitled to be released from probation upon expiration of his or her term....

...robationary period allowable for a second degree misdemeanor violation. Appellant's contention has merit. The longest permissible period of probation allowable for the violation of a second degree misdemeanor is six months. Section 775.082(4)(b) and Section 948.04(1), Florida Statutes (1977); Alderman v....

...g preparation of the PSI and, at a later time, impose another sentence even though he has completed the *1133 probation and no grounds exist for revocation. In my opinion, the procedure employed by the court is prohibited for several reasons. First, section 948.04(2), Florida Statutes (1981) states: (2) Upon the termination of the period of probation, the probationer shall be released from probation and shall not be liable to sentence for a crime for which probation was allowed....

...135 (1934); Smith v. Brown, 135 Fla. 830, 185 So. 732 (1938); State v. Schaag, Fla.App. 1959, 115 So.2d 783. Evans, 225 So.2d at 549-50. See also Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983). The statutory authority of the court is further limited by section 948.04, Florida Statutes (1981), which provides that upon termination of the period of probation, the court is required to release the probationer without subjecting him to sentence for the crime for which he received probation....

...3d DCA 1977). If no grounds for revocation exist, the court lacks jurisdiction to impose a second sentence. Upon termination of the probation, the probationer must be released and "shall not be liable to sentence for the crime for which probation was allowed." § 948.04, Fla....

...ran for a period of one year, that it therefore expired at Midnight on April 2, 1962. It will be noted from the facts given that the order extending probation in these three cases was entered on April 18, 1962. This point calls for an application of § 948.04, Fla. Stat., F.S.A. The section is as follows: "948.04 Period of probation; duty of probationer The period of probation shall not extend more than two years beyond the maximum term for which the defendant might have been sentenced; provided, however, that if, during the period of probation of any...

...or modify probation." Clark v. State, 402 So.2d 43 (Fla. 4th DCA 1981). See also Davidson v. State, 506 So.2d 43 (Fla. 2d DCA 1987); McPherson v. State, 530 So.2d 1095 (Fla. 1st DCA 1988). We reject the state's contention that the second sentence in section 948.04, Florida Statutes (1989), means that a second degree misdemeanant can be placed on probation for one year....

...rs to have been sentenced provides that "[i]n lieu of other criminal penalties authorized by law ... [t]he court may place a youthful offender under supervision on probation or in a community control program." § 958.04(2)(a), Fla. Stat. (1995). [4] Section 948.04(3), Florida Statutes (2004), authorizes early termination of probation if the offender has not violated any terms of probation and has met all financial sanctions....

...t of the legislature. Accordingly, the decision of the lower court is approved. It is so ordered. BOYD, C.J., and ADKINS and SHAW, JJ., concur. OVERTON and McDONALD, JJ., dissent. NOTES [1] 775.082(4)(b), Fla. Stat. (1983) (sixty days imprisonment); § 948.04 (six months probation). Section 948.04(1) provides that "[d]efendants found guilty of misdemeanors who are placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court." While we have not examined the effect of the "otherwise specified" language, the district courts have....

...anors. The trial judge had withheld adjudication of guilt pursuant to section 948.01(3) and imposed a one-year probationary period. The district court observed that "probation cannot normally be extended beyond the maximum permissible sentence, [but section 948.04] does permit the court to place a defendant on probation for six months in a misdemeanor case." Id....

...See also Holloway v. State, 393 So.2d 1185 (Fla. 2d DCA 1981); Corraliza v. State, 391 So.2d 330 (Fla. 3d DCA 1980) review denied, 399 So.2d 1141 (Fla. 1981); cf. McNulty v. State, 339 So.2d 1155 (Fla. 1st DCA 1976) (finding that the open-ended provision of 948.04(1) does not authorize probation for misdemeanors for an unlimited time)....

...As a special condition of probation, the trial court provided that the defendant could not be considered for early termination of probation. This condition must be stricken because a trial judge is not authorized to divest the Department of Corrections of its authority to recommend early termination of probation. § 948.04(3), Fla....

...2d DCA 1993), was faced with a similar condition and addressed the improprieties of such a stipulation: The condition must be stricken because a trial judge is not authorized to divest the Department of Corrections of its authority to recommend early termination of probation. S. 948.04(3), Fla....

...ld not recommend an early termination. The second district held that a trial judge does not have the power to prevent a future court from discharging a probationer; nor may the trial judge deprive the Department of Corrections of its authority under § 948.04(3), Florida Statutes (1991), to recommend remission....

...of probation. It merely sets forth eight specific terms and conditions of probation which the court may include in its order of probation, and authorizes the court to modify the terms and conditions at any time within the probation period. Although Section 948.04, Florida Statutes (1973), authorized the court to extend the period of probation, this provision was deleted by the 1974 legislature....

...ntence Oates to a term of incarceration. As such, the court erred in failing to adjudicate Oates guilty. Even if, as Oates argues, the incarceration was ordered as a term or condition of probation, the incarceration exceeded the term allowed by law. Section 948.04(2)(b), Florida Statutes (1991) provides that any incarceration ordered as a condition of probation or community control shall not exceed 364 days....

...ne 1986. On 7 June 1984, five years and six days after Blackburn was originally placed on probation, an affidavit of violation was again filed. As a result, his probation was revoked and he was sentenced to six months in the county jail. Until 1974, Section 948.04, Florida Statutes (period of probation) provided that a term of probation could not extend more than two years beyond the maximum permissible sentence....

...On this appeal therefrom the question for determination is whether the trial court, after the end of the specified period of probation, could entertain a proceeding or application for revocation of probation for a violation which occurred during the term of the probation. Section 948.04 of Chapter 948, Fla....

...There, in an opinion by the late Chief Judge Sturgis, speaking for the first district court of appeal, it was said: "Petitioner insists that an affidavit of violation filed after the expiration of the probationary period is incompetent as a basis for revocation of probation. We agree. Section 948.04 F.S., F.S.A., provides that upon termination of the period of probation "the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed.' It is clear that upon expirat...

...Stat., F.S.A., which provides that when a defendant is found guilty or pleads guilty, the trial court, in exercise of its discretion within the range of certain standards set out there, may withhold the adjudication of guilt and place the defendant on probation, and by § 948.04 provides that upon termination of the period of probation, the defendant shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed....

...Also, the statute provides that probation, *74 when allowed, be granted prior to sentencing (§ 948.01(3)), and it is provided, again with exceptions not pertinent here, that the period of probation may not extend more than two years beyond the maximum sentence applicable. § 948.04. Where probation thus exceeds the sentence, on termination of probation the sentence may not be imposed. § 948.04....

...Section 948.03(2)(c), Florida Statutes (1983). The placement of an offender on probation or into community control therefore is limited to a maximum of two years, unless an exception to this general provision exists. Such an exception is provided in section 948.04(1), Florida Statutes, for probation....

...The maximum term of imprisonment for a second-degree misdemeanor is sixty days. Section 775.082(4)(b), Florida Statutes (1975). And while probation cannot normally be extended beyond the maximum permissible sentence, the statute does permit the court to place a defendant on probation for six months in a misdemeanor case. Section 948.04, Florida Statutes (1975); Watts v....

...period of 17 years. Appellant contends that the term of probation was improper. We agree. In Watts v. State, Fla.App.2nd, 1976, 328 So.2d 223, in an opinion authored by Judge Scheb, this court held that the elimination of the provision in Fla. Stat. § 948.04 [1] , that probation could not extend more than two years beyond the maximum possible sentence, limited the power of the courts to impose a period of probation beyond the maximum permissible sentence except where expressly provided by law....

...Stat. (1979)] constitutes fundamental error because it exceeds the maximum probationary term for a second degree misdemeanor which is six months. Rose v. State, 369 So.2d 1025 (Fla. 3d DCA 1979); Alderman v. State, 356 So.2d 928 (Fla.2d DCA 1978); § 948.04(1), Fla....

...ver the probationer unless, prior to that time, the appropriate steps were taken to revoke or modify the probation." Davis v. State, 623 So.2d 579, 580 (Fla. 3d DCA 1993); Purvis v. Lindsey, 587 So.2d 638, 639 (Fla. 4th DCA 1991); see also Fla.Stat. § 948.04....

...ion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt; and, in either case, it shall stay and withhold the imposition of sentence upon such defendant and shall place him upon probation. [3] Florida Statute § 948.04 provides in pertinent part: (2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed....

...te courts, and in the aware portions of the Bar and public. [2] A defendant placed on probation within the context of a true split sentence pursuant to section 948.01(8), Florida Statutes, is not subject to the probation time limitations provided in section 948.04(1), Florida Statutes....

...The trial court revoked its prior order of probation in Case No. 96-483 and sentenced Appellant to 39.3 months in prison. Because it was fundamental error to revoke the defendant's probation in this case, the defendant can raise this issue for the first time on appeal. Section 948.04(2), Fla....

...that a defendant may not be placed on probation for a period of time exceeding the possible maximum period of incarceration. State v. Holmes, 360 So.2d 380 (Fla. 1978). The state points out that even though the general rule is as stated above, under section 948.04, Florida Statutes (1983), an adult may be placed on probation for six months for a second degree misdemeanor....

...In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant, and direct that the defendant be placed upon probation after serving such period as may be imposed by the court." (emphasis added.) F.S. Section 948.04, F.S.A., provides that the period of probation ordered by the court shall not exceed more than two years beyond the maximum term for which the defendant might have been sentenced....

...Sex Offender Program must participate [hand written]." Although the intention of this condition may have been to proscribe termination before completion of a sex offender program, it appears calculated to divest the Department of Corrections of its authority to recommend early termination of probation. § 948.04(3), Fla....

...5th DCA 2007) ("Once a term of probation expires, a court lacks jurisdiction to entertain an application for a revocation of probation based upon a violation that occurred during the probation period unless, during the term of probation, appropriate steps were taken to revoke or modify probation."); see also § 948.04(2), Fla....

...In holding that the trial court lacked jurisdiction to hear the violation, the court explained: "A violation of probation must be set in motion prior to the termination of the period of probation." Jones v. State, 954 So.2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla....

...*963 Finally, this case must be remanded to the trial court for the imposition of new terms of probation for Counts IV, V and VI. Appellant was convicted of the misdemeanors of DUI-property damage (Counts IV and V) and of leaving the scene of an accident involving property damage (Count VI). Section 948.04(1), Florida Statutes (1987) provides: Defendants found guilty of misdemeanors who are placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court....

...398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970). Appellant's third point urges that the sentence is excessive because the court found the appellant guilty of a misdemeanor in the second degree for which the maximum sentence is sixty days in prison. Fla. Stat. § 948.04, F.S.A., provides that a trial court may place a defendant on probation for two years beyond the maximum term provided for the offense by statute; therefore, two years plus sixty days is the maximum period for probation on this offense....

...The VOP charge was not committed or filed until March 2009. By statute it is settled that "upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed." § 948.04(2), Fla....

...4th DCA 2001) (citing Hebb v. State, 714 So.2d 639, 639-40 (Fla. 4th DCA 1998)). "Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed." § 948.04(2), Fla....

...viction and 30 months probation on the latter conviction. The appellant contends, and the State concedes, that the maximum probation that could have been imposed was two years beyond the maximum term for which appellant might have been sentenced. (F.S. 948.04)....

...Any parole or probation supervisor, any officer authorized to serve criminal -5-  process, or any peace officer of this state is authorized to serve and execute such warrant. Section 948.04(2), states: "Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed." The jurisdictional limitations within thes...

...LaFave contends that this court’s case law specifically prohibits the use of “no early termination” provisions in plea bargains because such provisions divest the Department of Corrections (DOC) of its authority to recommend early termination pursuant to section 948.04(3) and such provisions prevent future courts from exercising discretion to discharge defendants pursuant to section 948.05....

...1243 ; Baker, 619 So.2d at 412 ; Arriaga, 666 So.2d at 949 . Jones, 666 So.2d at 192 , however, is silent on the issue. 3 iii. LaFave is bound by the “no early termination” provision of her negotiated plea agreement. LaFave argues that sections 948.04(3) and 948.05 specifically preclude “no early termination” provisions from being binding, citing Clark v....

...ms. Thus, a defendant cannot later collaterally attack his own negotiated sentence. Id. at 887 . Applying Carson to the facts of this case demonstrates that the State’s inclusion of the “no early termination” provision did not violate sections 948.04(3) and 948.05....

...The “no early termination” provision does not violate the doctrine of separation of powers. The “no early termination” provision is not unconstitutional because it did not divest DOC of its ability to recommend early termination pursuant to section 948.04(3)....

...nd was sentenced to three concurrent terms of imprisonment for eighty-four months. "A violation of probation must be set in motion prior to the termination of the period of probation." Jones v. State, 954 So.2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla....

...robation has occurred, the court is justified in revoking probation. Ivey v. State, 308 So.2d 565 (Fla.App.2d, 1975). The sentence imposed by the court is correct. The offense for which Adams was sentenced occurred on 11 February 1974. On that date, Section 948.04, Florida Statutes, 1973, was in effect, and it permitted a period of probation to extend for up to two years beyond the maximum term for which a defendant might be sentenced....

...The same is true of the misdemeanor, transferring a motor vehicle without delivery of a certificate of title thereto, of which appellant was also found guilty. We turn now to appellant's contention that the trial court lacked authority to place him on probation for a period of five years. Appellant argues that § 948.04(1), Florida Statutes 1975, as amended by Chapter 74-112, Laws of Florida, fails to establish a maximum time period for probation, but that it should be construed as limited to the maximum time period of sentence for each particular offense....

...ida, does not have any applicability to appellant. Appellant's criminal acts occurred in 1973, at which time the applicable law barred probation for "more than two years beyond the maximum term for which the defendant might have been sentenced ...," § 948.04, Florida Statutes 1973....

...light of this provision, sentencing must be governed by the law applicable at the time of the criminal event. Castle v. State, Fla., 330 So.2d 10, opinion filed March 17, 1976. Appellant's aggregate probation time is within the permissible limits of Section 948.04, Florida Statutes 1973....

...probationary period beyond the original probationary period, Appellant’s twelve-month probationary period expired prior to the filing of the May 2021, affidavit of violation of probation. As such, the trial court did not have jurisdiction to act on it. See § 948.04(2), Fla....

...1992))). It is established law that when a defendant has been placed on probation, the sentencing court loses jurisdiction over the defendant once the probationary period expires unless proceedings to modify or revoke probation have been instituted in the interim. See § 948.04(2), Fla....

...1992))). It is established law that when a defendant has been placed on probation, the sentencing court loses jurisdiction over the defendant once the probationary period expires unless proceedings to modify or revoke probation have been instituted in the interim. See § 948.04(2), Fla....

probation encompasses forty-four pages. . Section 948.04, Florida Statutes, F.S.A.

...When a person has been convicted of a misdemeanor of the second degree, the sentence may be by a definite term of imprisonment not to exceed sixty days. 7 Generally, probation cannot be extended beyond the maximum permissible sentence for an offense, unless expressly provided by law. 8 Section 948.04 (1), F.S., in pertinent part, provides: Defendants found guilty of misdemeanors who are placed on probation shall be under supervision not to exceed 6 months unless otherwise specified by the court. The Supreme Court of Florida, in Smith v. State, 9 has determined that s. 948.04 , F.S., allows a court to place a defendant who has been convicted of a second-degree misdemeanor on probation for six months, even though the maximum term of imprisonment is sixty days....

...entence deviates from oral pronouncement). The trial court may not impose a special condition of probation that purports to divest the Department of Corrections (DOC) of its authority to recommend early termination of Mr. Murphy’s probation. 1 See § 948.04(3), Fla....

further sentence for that case. See Fla.Stat. § 948.04, F.S.A. See also Carroll v. Cochran, Fla.1962

...porting probation is necessary to protect the community as well as for the interests of justice. Parson’s probation having been imposed in 2016, he had no post-imposition right of action seeking to shorten the supervision period. See § 948.04(3), Fla....

...also Johnston v. State, 202 So. 3d 976, 976 (Fla. 1st DCA 2016) (highlighting the trial court’s “unbridled discretion to decide whether or not to terminate a defendant’s probation early”); but cf. ch. 2019-167, § 61, Laws of Fla. (amending section 948.04(4) and (5), Florida Statutes, to require, for probation imposed after October 1, 2019, early termination or conversion to administrative probation if certain criteria are met, unless the court finds “that continued reporting probation is necessary to protect the community or the interests of justice”)....

...ave been set in motion for revocation or modification of probation. Gardner v. State, 412 So.2d 10 (Fla. 2nd DCA 1981); Kimble v. *216 State, 396 So.2d 815 (Fla. 4th DCA 1981). The maximum probationary period for criminal trespass is six months, see Section 948.04, Florida Statutes (1981), and since that period had expired long before the date on which the affidavit of violation of probation was filed in this case, we hold that the trial court was without jurisdiction to consider a violation of the criminal trespass probationary period....

...that a defendant may not be placed on probation for a period of time exceeding the possible maximum period of incarceration. State v. Holmes, 360 So.2d 380 (Fla.1978). The state points out that even though the general rule is as stated above, under section 948.04, Florida Statutes (1983), an adult may be placed on probation for six months for a second degree misdemeanor....

...his adjudication to a withhold if he completed his probation without any problems. We reject this argument because the trial court terminated probation on January 31, 2017, ordering “that proceedings on this case be terminated pursuant to Section 948.04, Florida Statutes.” “It is established law that when a defendant has been placed on probation, the sentencing court loses jurisdiction over the defendant once the probationary period expires unless proceedings to modify or revoke probation have been instituted in the interim.” Smith v....

...At the hearing, evidence was introduced to establish that the appellant had been a model probationer and that he deserved to have his probation terminated. After conducting a thorough evidentiary hearing, the trial court concluded that under the provisions of Section 948.04, Florida Statutes, it did not have jurisdiction to terminate a probationary period imposed for a violation of Florida Statute, Chapter 794....

the maximum incarcerative penalty is 60 days. § 948.04, Fla.Stat. (1987). We agree with our sister courts

which the maximum probationary term is six months. § 948.04(1); Alderman v. State, 356 So.2d 928 (Fla. 2d

...In denying appellant’s motion, the trial court found that a defendant placed on probation pursuant to Florida Statute 948.01(1) is not subject to the pro *1156 bation limitations of Florida Statute 948.-04(1). Prior to July 1, 1974, Florida Statute 948.04 specified that a term of probation could not extend more than two years beyond the maximum permissible sentence....

...nt, a trial court could not impose probation beyond the maximum permissible sentence. This view reaffirmed in Magnin v. State, 334 So.2d 638 (2 Fla. App.1976). The state, in urging this court to reject the rationale of Watts, supra, argues that Sec. 948.04(1) removes the maximum limitation of probation by providing that: “Defendants found guilty of misdemeanors who are placed on probation shall be under supervision not to exceed six months unless otherwise specified by the court....

...��offenders on parole, probation, or community control; in custody serving a sentence; escapees; fugitives ... who have failed to appear for a criminal judicial proceeding ... and offenders in pretrial intervention or diversion programs” (e.s.). 1 Section 948.04(2), Florida Statutes, provides that “[djuring the period of probation, the probationer shall perform the terms and conditions of his probation,” and “[u]pon the termination of the period of probation, the *737 probationer shall b...

...In this case, the outstanding VOP warrant is evidence that appellant’s term of probation had not terminated successfully or legally until, following appellant’s arrest on the battery charge, the state withdrew its affidavit of VOP and the court’s order terminated appellant’s probation. Since under section 948.04(2) appellant had not met the conditions of his probation, and was still under that constraint at the time of his arrest on the battery charge, thirty points for his legal status were correctly scored on the guidelines scoresheet under the applicable provisions of the rule....

...be construed as an order placing appellant on probation, then the period for which probation could be ordered had expired by November 28, 1966. The maximum sentence that the appellant could have received at the time of his conviction was five years. Section 948.04, Fla.Stat....

...In his view, probation should have ended 76 days early, in mid- February 2024. Analysis If Medley were correct about how jail credit applies, the trial court would have lost jurisdiction by the time the State filed the violation charges. See § 948.04(2), Fla....

and as is exempted by the last sentence in section 948.04(1), Florida Statutes, from the probation time

...f jurisdiction. A motion to revoke probation must be filed during the probationary term in order for the court to have jurisdiction to revoke that probation. Rodriguez v. State, 511 So.2d 444 (Fla. 2d DCA 1987). This rule is based on the language in section 948.04(2) that “[u]pon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed.” This deferred prosecution agreement, however, is not comparable to probation....

been sentenced as a youthful offender un*48der section 948.04, Florida Statutes (1979), following his conviction

...Rose argues that on May 9, 1975 he pled guilty to Counts I and II contained in information # 75-1320; and that Count II, possession of a habit forming drug without a prescription, is a misdemeanor of the second degree. 1 The maximum authorized probationary term for a misdemeanor of the second degree is six months. See Section 948.04, Florida Statutes (1975) and Alderman v....

...We held in Heatherly v. State, Fla.App., 343 So.2d 54 , Opinion filed February 25, 1977, citing several cases from other District Courts of Appeal, that the combined period of a split sentence of jail time and probation can not, since the amendment of Section 948.04, Florida Statutes (1974), exceed the maximum time provided in the statute for incarceration....