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Florida Statute 948.6 - Full Text and Legal Analysis
Florida Statute 948.06 | 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
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F.S. 948.06
948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.—
(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any probation officer may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and return him or her to the court granting such probation or community control.
(b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control. In lieu of issuing a warrant for arrest, the committing trial court judge may issue a notice to appear if the probationer or offender in community control has never been convicted of committing, and is not currently alleged to have committed, a qualifying offense as defined in this section.
(c) If a probationer or offender on community control commits a technical violation, the probation officer shall determine whether the probationer or offender on community control is eligible for the alternative sanctioning program under subsection (9). If the probation officer determines that the probationer or offender on community control is eligible, the probation officer may proceed with the alternative sanctioning program in lieu of filing an affidavit of violation with the court. For purposes of this section, the term “technical violation” means an alleged violation of supervision that is not a new felony offense, misdemeanor offense, or criminal traffic offense.
(d) If a judge finds reasonable grounds to believe that a probationer or an offender has violated his or her probation or community control in a material respect by committing a new violation of law, the judge may issue a warrant for the arrest of the person.
(e)1. At a first appearance hearing for an offender who has been arrested for violating his or her probation or community control in a material respect by committing a new violation of law the court:
a. Shall inform the person of the violation.
b. May order the person to be taken before the court that granted the probation or community control if the person admits the violation.
2. If the probationer or offender does not admit the violation at the first appearance hearing, the court:
a. May commit the probationer or offender or may release the person with or without bail to await further hearing, notwithstanding s. 907.041, relating to pretrial detention and release; or
b. May order the probationer or offender to be brought before the court that granted the probation or community control.
3. In determining whether to require or set the amount of bail, and notwithstanding s. 907.041, relating to pretrial detention and release, the court may consider whether the probationer or offender is more likely than not to receive a prison sanction for the violation.

This paragraph does not apply to a probationer or offender on community control who is subject to the hearing requirements under subsection (4) or paragraph (8)(e).

(f) Any probation officer, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant. Any probation officer is authorized to serve such notice to appear.
(g) Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant for such violation, a warrantless arrest under this section, or a notice to appear under this section, the probationary period is tolled until the court enters a ruling on the violation. Notwithstanding the tolling of probation, the court shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period. The probation officer is permitted to continue to supervise any offender who remains available to the officer for supervision until the supervision expires pursuant to the order of probation or community control or until the court revokes or terminates the probation or community control, whichever comes first.
(h) The chief judge of each judicial circuit may direct the department to use a notification letter of a technical violation in appropriate cases in lieu of a violation report, affidavit, and warrant or a notice to appear when the alleged violation is not a new felony or misdemeanor offense. Such direction must be in writing and must specify the types of specific technical violations which are to be reported by a notification letter of a technical violation, any exceptions to those violations, and the required process for submission. At the direction of the chief judge, the department shall send the notification letter of a technical violation to the court.
(i) The court may allow the department to file an affidavit, notification letter, violation report, or other report under this section by facsimile or electronic submission.
(2)(a) The court, upon the probationer or offender being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program.
(b) If probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation or the offender into community control.
(c) If such violation of probation or community control is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation or community control violation.
(d) If such charge is not at that time admitted by the probationer or offender and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel.
(e) After such hearing, the court may revoke, modify, or continue the probation or community control or place the probationer into community control. If such probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer or offender on probation or into community control.
(f)1. Except as provided in subparagraph 3. or upon waiver by the probationer, the court shall modify or continue a probationary term upon finding a probationer in violation when all of the following apply:
a. The term of supervision is probation.
b. The probationer does not qualify as a violent felony offender of special concern, as defined in paragraph (8)(b).
c. The violation is a low-risk technical violation, as defined in paragraph (9)(b).
d. The court has not previously found the probationer in violation of his or her probation pursuant to a filed violation of probation affidavit during the current term of supervision. A probationer who has successfully completed sanctions through the alternative sanctioning program is eligible for mandatory modification or continuation of his or her probation.
2. Upon modifying probation under subparagraph 1., the court may include in the sentence a maximum of 90 days in county jail as a special condition of probation.
3. Notwithstanding s. 921.0024, if a probationer has less than 90 days of supervision remaining on his or her term of probation and meets the criteria for mandatory modification or continuation in subparagraph 1., the court may revoke probation and sentence the probationer to a maximum of 90 days in county jail.
4. For purposes of imposing a jail sentence under this paragraph only, the court may grant credit only for time served in the county jail since the probationer’s most recent arrest for the violation. However, the court may not order the probationer to a total term of incarceration greater than the maximum provided by s. 775.082.
(g) Notwithstanding s. 775.082, when a period of probation or community control has been tolled, upon revocation or modification of the probation or community control, the court may impose a sanction with a term that when combined with the amount of supervision served and tolled, exceeds the term permissible pursuant to s. 775.082 for a term up to the amount of the tolled period of supervision.
(h) If the court dismisses an affidavit alleging a violation of probation or community control, the offender’s probation or community control shall continue as previously imposed, and the offender shall receive credit for all tolled time against his or her term of probation or community control.
(i)1. For each case in which the offender admits to committing a violation or is found to have committed a violation, the department shall provide the court with a recommendation as to disposition by the court. The department shall provide the reasons for its recommendation and include an evaluation of:
a. The appropriateness or inappropriateness of community facilities, programs, or services for treating or supervising the offender;
b. The ability or inability of the department to provide an adequate level of supervision of the offender in the community and a statement of what constitutes an adequate level of supervision; and
c. The existence of treatment modalities that the offender could use but that do not currently exist in the community.
2. The report must also include a summary of the offender’s prior supervision history, including the offender’s prior participation in treatment, educational, and vocational programs, and any other actions by or circumstances concerning the offender which are relevant.
3. The court may specify whether the recommendation or report must be oral or written and may waive the requirement for a report in an individual case or a class of cases. This paragraph does not prohibit the department from making any other report or recommendation that is provided for by law or requested by the court.
(j)1. Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, the court may order the defendant to successfully complete a postadjudicatory treatment-based drug court program if:
a. The court finds or the offender admits that the offender has violated his or her community control or probation;
b. The offender’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer after including points for the violation;
c. The underlying offense is a nonviolent felony. 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;
d. The court determines that the offender is amenable to the services of a postadjudicatory treatment-based drug court program;
e. The court has explained the purpose of the program to the offender and the offender has agreed to participate; and
f. The offender is otherwise qualified to participate in the program under the provisions of s. 397.334(3).
2. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offender’s case to the postadjudicatory treatment-based drug court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offender’s termination from the program for failure to comply with the terms thereof, or the offender’s sentence is completed.
(k)1. Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2016, the court may order the offender to successfully complete a postadjudicatory mental health court program under s. 394.47892 or a veterans treatment court program under s. 394.47891 if:
a. The court finds or the offender admits that the offender has violated his or her community control or probation;
b. The underlying offense is a nonviolent felony. 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. Offenders 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;
c. The court determines that the offender is amenable to the services of a postadjudicatory mental health court program, including taking prescribed medications, or a veterans treatment court program;
d. The court explains the purpose of the program to the offender and the offender agrees to participate; and
e. The offender is otherwise qualified to participate in a postadjudicatory mental health court program under s. 394.47892(4) or a veterans treatment court program under s. 394.47891.
2. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offender’s case to the postadjudicatory mental health court program or the veterans treatment court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offender’s termination from the program for failure to comply with the terms thereof, or the offender’s sentence is completed.
(3) When the court imposes a subsequent term of supervision following a revocation of probation or community control, it shall not provide credit for time served while on probation or community control toward any subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses before the court for sentencing, would exceed the maximum penalty allowable as provided by s. 775.082. No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve.
(4) Notwithstanding any other provision of this section, a felony probationer or an offender in community control who is arrested for violating his or her probation or community control in a material respect may be taken before the court in the county or circuit in which the probationer or offender was arrested. That court shall advise him or her of the charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court that granted the probation or community control. If the violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing. However, if the probationer or offender is under supervision for any criminal offense proscribed in chapter 794, s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a registered sexual predator or a registered sexual offender, or is under supervision for a criminal offense for which he or she would meet the registration criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the effective date of those sections, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the offender’s or probationer’s release, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender’s or probationer’s past and present conduct, including convictions of crimes; any record of arrests without conviction for crimes involving violence or sexual crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender’s or probationer’s family ties, length of residence in the community, employment history, and mental condition; his or her history and conduct during the probation or community control supervision from which the violation arises and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant. The court, as soon as is practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel. After the hearing, the court shall make findings of fact and forward the findings to the court that granted the probation or community control and to the probationer or offender or his or her attorney. The findings of fact by the hearing court are binding on the court that granted the probation or community control. Upon the probationer or offender being brought before it, the court that granted the probation or community control may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section. However, the probationer or offender shall not be released and shall not be admitted to bail, but shall be brought before the court that granted the probation or community control if any violation of felony probation or community control other than a failure to pay costs or fines or make restitution payments is alleged to have been committed by:
(a) A violent felony offender of special concern, as defined in this section;
(b) A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in this section; or
(c) A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense as defined in this section on or after the effective date of this act.
(5) In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the state’s interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.
(6) Any parolee in a community control program who has allegedly violated the terms and conditions of such placement is subject to the provisions of ss. 947.22 and 947.23.
(7) Any provision of law to the contrary notwithstanding, whenever probation, community control, or control release, including the probationary, community control portion of a split sentence, is violated and the probation or community control is revoked, the offender, by reason of his or her misconduct, shall be deemed to have forfeited all gain-time or commutation of time for good conduct, as provided by law, earned up to the date of his or her release on probation, community control, or control release. This subsection does not deprive the prisoner of his or her right to gain-time or commutation of time for good conduct, as provided by law, from the date on which the prisoner is returned to prison. However, if a prisoner is sentenced to incarceration following termination from a drug punishment program imposed as a condition of probation, the sentence may include incarceration without the possibility of gain-time or early release for the period of time remaining in his or her treatment program placement term.
(8)(a) In addition to complying with the provisions of subsections (1)-(7), this subsection provides further requirements regarding a probationer or offender in community control who is a violent felony offender of special concern. The provisions of this subsection shall control over any conflicting provisions in subsections (1)-(7). For purposes of this subsection, the term “convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(b) For purposes of this section and ss. 903.0351, 948.064, and 921.0024, the term “violent felony offender of special concern” means a person who is on:
1. Felony probation or community control related to the commission of a qualifying offense committed on or after the effective date of this act;
2. Felony probation or community control for any offense committed on or after the effective date of this act, and has previously been convicted of a qualifying offense;
3. Felony probation or community control for any offense committed on or after the effective date of this act, and is found to have violated that probation or community control by committing a qualifying offense;
4. Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b) and has committed a qualifying offense on or after the effective date of this act;
5. Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. 775.084(1)(c) and has committed a qualifying offense on or after the effective date of this act; or
6. Felony probation or community control and has previously been found by a court to be a sexual predator under s. 775.21 and has committed a qualifying offense on or after the effective date of this act.
(c) For purposes of this section, the term “qualifying offense” means any of the following:
1. Kidnapping or attempted kidnapping under s. 787.01, false imprisonment of a child under the age of 13 under s. 787.02(3), or luring or enticing a child under s. 787.025(2)(b) or (c).
2. Murder or attempted murder under s. 782.04, attempted felony murder under s. 782.051, or manslaughter under s. 782.07.
3. Aggravated battery or attempted aggravated battery under s. 784.045.
4. Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c).
5. Lewd or lascivious battery or attempted lewd or lascivious battery under s. 800.04(4), lewd or lascivious molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious conduct under s. 800.04(6)(b), lewd or lascivious exhibition under s. 800.04(7)(b), or lewd or lascivious exhibition on computer under s. 847.0135(5)(b).
6. Robbery or attempted robbery under s. 812.13, carjacking or attempted carjacking under s. 812.133, or home invasion robbery or attempted home invasion robbery under s. 812.135.
7. Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under s. 825.1025.
8. Sexual performance by a child or attempted sexual performance by a child under s. 827.071.
9. Computer pornography under s. 847.0135(2) or (3), transmission of child pornography under s. 847.0137, or selling or buying of minors under s. 847.0145.
10. Poisoning food or water under s. 859.01.
11. Abuse of a dead human body under s. 872.06.
12. Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony under s. 810.02(2) or (3).
13. Arson or attempted arson under s. 806.01(1).
14. Aggravated assault under s. 784.021.
15. Aggravated stalking under s. 784.048(3), (4), (5), or (7).
16. Aircraft piracy under s. 860.16.
17. Unlawful throwing, placing, or discharging of a destructive device or bomb under s. 790.161(2), (3), or (4).
18. Treason under s. 876.32.
19. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.
(d) In the case of an alleged violation of probation or community control other than a failure to pay costs, fines, or restitution, the following individuals shall remain in custody pending the resolution of the probation or community control violation:
1. A violent felony offender of special concern, as defined in this section;
2. A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in this section; or
3. A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s. 775.084(1)(b), a three-time violent felony offender as defined in s. 775.084(1)(c), or a sexual predator under s. 775.21, and who is arrested for committing a qualifying offense as defined in this section on or after the effective date of this act.

The court shall not dismiss the probation or community control violation warrant pending against an offender enumerated in this paragraph without holding a recorded violation-of-probation hearing at which both the state and the offender are represented.

(e) If the court, after conducting the hearing required by paragraph (d), determines that a violent felony offender of special concern has committed a violation of probation or community control other than a failure to pay costs, fines, or restitution, the court shall:
1. Make written findings as to whether or not the violent felony offender of special concern poses a danger to the community. In determining the danger to the community posed by the offender’s release, the court shall base its findings on one or more of the following:
a. The nature and circumstances of the violation and any new offenses charged.
b. The offender’s present conduct, including criminal convictions.
c. The offender’s amenability to nonincarcerative sanctions based on his or her history and conduct during the probation or community control supervision from which the violation hearing arises and any other previous supervisions, including disciplinary records of previous incarcerations.
d. The weight of the evidence against the offender.
e. Any other facts the court considers relevant.
2. Decide whether to revoke the probation or community control.
a. If the court has found that a violent felony offender of special concern poses a danger to the community, the court shall revoke probation and shall sentence the offender up to the statutory maximum, or longer if permitted by law.
b. If the court has found that a violent felony offender of special concern does not pose a danger to the community, the court may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section.
(9)(a) Each judicial circuit shall establish an alternative sanctioning program as provided in this subsection. The chief judge of each judicial circuit may, by administrative order, define additional sanctions or eligibility criteria and specify the process for reporting technical violations through the alternative sanctioning program. Any sanctions recommended for imposition through an alternative sanctions program must be submitted to the court by the probation officer for approval before imposing the sanction.
(b) As used in this subsection, the term “low-risk violation,” when committed by a probationer, means any of the following:
1. A positive drug or alcohol test result.
2. Failure to report to the probation office.
3. Failure to report a change in address or other required information.
4. Failure to attend a required class, treatment or counseling session, or meeting.
5. Failure to submit to a drug or alcohol test.
6. A violation of curfew.
7. Failure to meet a monthly quota on any required probation condition, including, but not limited to, making restitution payments, paying court costs, or completing community service hours.
8. Leaving the county without permission.
9. Failure to report a change in employment.
10. Associating with a person engaged in criminal activity.
11. Any other violation as determined by administrative order of the chief judge of the circuit.
(c) As used in this subsection, the term “moderate-risk violation” means any of the following:
1. A violation identified in paragraph (b), when committed by an offender on community control.
2. Failure to remain at an approved residence by an offender on community control.
3. A third violation identified in paragraph (b) by a probationer within the current term of supervision.
4. Any other violation as determined by administrative order of the chief judge of the circuit.
(d) A probationer or offender on community control is not eligible for an alternative sanction if:
1. He or she is a violent felony offender of special concern as defined in paragraph (8)(b);
2. The violation is a felony, misdemeanor, or criminal traffic offense;
3. The violation is absconding;
4. The violation is of a stay-away order or no-contact order;
5. The violation is not identified as low-risk or moderate-risk under this subsection or by administrative order;
6. He or she has a prior moderate-risk level violation during the current term of supervision;
7. He or she has three prior low-risk level violations during the same term of supervision;
8. The term of supervision is scheduled to terminate in less than 90 days; or
9. The terms of the sentence prohibit alternative sanctioning.
(e) For a first or second low-risk violation, as defined in paragraph (b), within the current term of supervision, a probation officer may offer an eligible probationer one or more of the following as an alternative sanction:
1. Up to 5 days in the county jail.
2. Up to 50 additional community service hours.
3. Counseling or treatment.
4. Support group attendance.
5. Drug testing.
6. Loss of travel or other privileges.
7. Curfew for up to 30 days.
8. House arrest for up to 30 days.
9.a. Any other sanction as determined by administrative order of the chief judge of the circuit.
b. However, in no circumstance shall participation in an alternative sanctioning program convert a withheld adjudication to an adjudication of guilt.
(f) For a first moderate-risk violation, as defined in paragraph (c), within the current term of supervision, a probation officer, with a supervisor’s approval, may offer an eligible probationer or offender on community control one or more of the following as an alternative sanction:
1. Up to 21 days in the county jail.
2. Curfew for up to 90 days.
3. House arrest for up to 90 days.
4. Electronic monitoring for up to 90 days.
5. Residential treatment for up to 90 days.
6. Any other sanction available for a low-risk violation.
7.a. Any other sanction as determined by administrative order of the chief judge of the circuit.
b. However, in no circumstance shall participation in an alternative sanctioning program convert a withheld adjudication to an adjudication of guilt.
(g) The participation of a probationer or an offender on community control in the program is voluntary. The probationer or offender on community control may waive or discontinue participation in the program at any time before the court imposes a recommended sanction.
(h)1. If a probationer or offender on community control is eligible for the alternative sanctioning program under this subsection, he or she may:
a. Waive participation in the program, in which case the probation officer may submit a violation report, affidavit, and warrant to the court; or
b. Elect to participate in the program after receiving written notice of an alleged technical violation and disclosure of the evidence against him or her, and admit the technical violation, agree to comply with the probation officer’s recommended sanction if subsequently ordered by the court, and agree to waive the right to:
(I) Be represented by legal counsel.
(II) Require the state to prove his or her guilt before a neutral and detached hearing body.
(III) Subpoena witnesses and present to a judge evidence in his or her defense.
(IV) Confront and cross-examine adverse witnesses.
(V) Receive a written statement from a judge as to the evidence relied on and the reasons for the sanction imposed.
2. If the probationer or offender on community control admits to committing the technical violation and agrees with the probation officer’s recommended sanction, the probation officer must, before imposing the sanction, submit the recommended sanction to the court with documentation reflecting the probationer’s admission to the technical violation and agreement with the recommended sanction.
(i) The court may impose the recommended sanction or direct the department to submit a violation report, affidavit, and warrant to the court.
(j) If a probationer or offender on community control waives or discontinues participation in the program or fails to successfully complete all alternative sanctions within 90 days after imposition or within the timeframe specified in the agreed-upon sanction, the probation officer may submit a violation report, affidavit, and warrant to the court. A prior admission by the probationer or offender on community control to a technical violation may not be used as evidence in subsequent proceedings.
History.—s. 26, ch. 20519, 1941; s. 2, ch. 59-130; s. 2, ch. 61-498; s. 1, ch. 69-71; s. 20, ch. 83-131; ss. 2, 3, ch. 84-337; ss. 8, 9, 38, 48, ch. 89-526; s. 13, ch. 89-531; s. 11, ch. 90-287; s. 2, ch. 91-225; s. 8, ch. 91-280; s. 23, ch. 97-78; s. 1687, ch. 97-102; s. 5, ch. 97-239; s. 13, ch. 97-299; s. 3, ch. 2000-246; s. 1, ch. 2001-109; s. 50, ch. 2004-11; ss. 27, 28, 41, ch. 2004-373; s. 13, ch. 2005-28; s. 3, ch. 2007-2; s. 5, ch. 2007-210; s. 29, ch. 2008-172; s. 4, ch. 2009-64; s. 4, ch. 2011-33; s. 2, ch. 2011-38; s. 56, ch. 2016-24; s. 1, ch. 2016-100; s. 22, ch. 2016-104; s. 16, ch. 2016-127; s. 29, ch. 2017-37; s. 14, ch. 2017-107; s. 9, ch. 2017-115; ss. 63, 92, ch. 2019-167; s. 26, ch. 2021-156; s. 1, ch. 2021-210; s. 4, ch. 2021-240.

F.S. 948.06 on Google Scholar

F.S. 948.06 on CourtListener

Amendments to 948.06


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 948.06
Level: Degree
Misdemeanor/Felony: First/Second/Third

S948.06 - PROB VIOLATION - - N: N

Cases Citing Statute 948.06

Total Results: 692

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

imposed before placing the defendant on probation. § 948.06(1), Fla. Stat. (1979). Once a sentence is imposed

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

release subject to revocation. See Fla. Stat. § 948.06. Florida law lumps together “probation, community

Bernhardt v. State

288 So. 2d 490

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

Cited 182 times | Published

shall be given a hearing pursuant to § 947.23 or § 948.06. The hearing shall be held within ten days from

Poore v. State

531 So. 2d 161, 1988 WL 97920

Supreme Court of Florida | Filed: Sep 22, 1988 | Docket: 1528564

Cited 139 times | Published

from dicta in Poore and Wayne suggesting that section 948.06(1), Florida Statutes (1987),[2] violated double

Lawson v. State

969 So. 2d 222, 2007 WL 3101817

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

Cited 73 times | Published

but also in the Florida Statutes. See, e.g., § 948.06(1)(a), Fla. Stat. (2005) (setting forth the process

Grubbs v. State

373 So. 2d 905

Supreme Court of Florida | Filed: Jul 26, 1979 | Docket: 1772394

Cited 72 times | Published

believe the probationer has violated his probation. § 948.06, Fla. Stat. (1977). It would be impossible to

State v. Jones

327 So. 2d 18

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

Cited 66 times | Published

COULD HAVE ORIGINALLY IMPOSED (AS PERMITTED BY § 948.06 FLA. STAT., F.S.A. WHEN SENTENCE HAS BEEN WITHHELD

State Ex Rel. Roberts v. Cochran

140 So. 2d 597

Supreme Court of Florida | Filed: Jan 24, 1962 | Docket: 1522674

Cited 57 times | Published

at liberty without violating any law." Under Section 948.06 a Florida probationer is entitled to a notice

King v. State

681 So. 2d 1136, 1996 WL 606773

Supreme Court of Florida | Filed: Oct 24, 1996 | Docket: 1722245

Cited 56 times | Published

sentence at the original sentencing. Based upon section 948.06(1), Florida Statutes (1989),[3] and the fact

Lippman v. State

633 So. 2d 1061, 1994 WL 81822

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

Cited 46 times | Published

sentencing hearing violated double jeopardy). Section 948.06, Florida Statutes (1987), "provides the sole

State v. Summers

642 So. 2d 742

Supreme Court of Florida | Filed: Sep 22, 1994 | Docket: 549674

Cited 45 times | Published

term after revocation of probation. Likewise, section 948.06, Florida Statutes (1987),[2] cannot be read

Van Wagner v. State

677 So. 2d 314, 1996 WL 168613

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1132107

Cited 41 times | Published

violates "his probation... in a material respect." § 948.06(3), Fla.Stat.(1995). While it has been said that

Del Valle v. State

80 So. 3d 999, 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783

Supreme Court of Florida | Filed: Dec 15, 2011 | Docket: 1935006

Cited 33 times | Published

The majority holds that the requirement of section 948.06(5), Florida Statutes (2011), that a defendant

Roberts v. State

644 So. 2d 81, 1994 WL 556906

Supreme Court of Florida | Filed: Oct 13, 1994 | Docket: 1248886

Cited 33 times | Published

Roberts after revocation of his probation from section 948.06, Florida Statutes (1991), and the Sentencing

Waters v. State

662 So. 2d 332, 1995 WL 511413

Supreme Court of Florida | Filed: Aug 31, 1995 | Docket: 1683527

Cited 31 times | Published

Summers and Roundtree and also is in harmony with section 948.06(1), (2), Florida Statutes (1993).[1] Accordingly

Clark v. State

579 So. 2d 109, 1991 WL 66663

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1432796

Cited 30 times | Published

before the filing of an affidavit pursuant to section 948.06, Florida Statutes (1987), alleging a violation

Singletary v. State

290 So. 2d 116

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

Cited 30 times | Published

a probation revocation hearing. First, F.S. Section 948.06, F.S.A., authorizes any probation supervisor

Delaney v. State

190 So. 2d 578

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

Cited 27 times | Published

adjudge the Appellant guilty and sentence him. (F.S. § 948.06, F.S.A.) It is true the statutes authorize trial

Savage v. State

120 So. 3d 619, 2013 WL 4610009, 2013 Fla. App. LEXIS 13979

District Court of Appeal of Florida | Filed: Aug 30, 2013 | Docket: 60234165

Cited 26 times | Published

whether to revoke, modify, or continue it. See § 948.06(2)(a, e), Fla. Stat. (2011); Nadzo v. State, 24

State v. Hall

641 So. 2d 403, 1994 WL 442255

Supreme Court of Florida | Filed: Aug 18, 1994 | Docket: 1151866

Cited 25 times | Published

or modification of the probation pursuant to Section 948.06, F.S. Carroll v. Cochran, 140 So.2d 300, 301

Odom v. State

15 So. 3d 672, 2009 Fla. App. LEXIS 8750, 2009 WL 1782987

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1660427

Cited 24 times | Published

with the terms and conditions set forth in section 948.06, Florida Statutes (2005), the following are

MacK v. State

823 So. 2d 746, 2002 WL 1430378

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1512731

Cited 24 times | Published

is not a sentence, King is inapposite, and section 948.06(1), Florida Statutes (1989), controls. This

McNeely v. State

186 So. 2d 520

District Court of Appeal of Florida | Filed: May 11, 1966 | Docket: 1526551

Cited 24 times | Published

requires us to consider the construction of Florida Statute 948.06(1), F.S.A., which provides as follows:

State Ex Rel. Ard v. Shelby

97 So. 2d 631

District Court of Appeal of Florida | Filed: Oct 22, 1957 | Docket: 458337

Cited 24 times | Published

or modification of the probation pursuant to Section 948.06, F.S., F.S.A. It follows that the affidavits

Young v. State

697 So. 2d 75, 1997 WL 401177

Supreme Court of Florida | Filed: Jun 16, 1997 | Docket: 1776635

Cited 22 times | Published

found that pursuant to section 948.06(1), Florida Statutes (1993),[3] section 948.06(2), Florida Statutes

Clem v. State

462 So. 2d 1134

District Court of Appeal of Florida | Filed: Aug 29, 1984 | Docket: 1509978

Cited 22 times | Published

pursuant to section 958.14, which incorporates section 948.06(1), to revoke the community control and pronounce

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

in dictum in Poore, the court stated that section 948.06(1), Florida Statutes (1987), which allows a

Carroll v. Cochran

140 So. 2d 300

Supreme Court of Florida | Filed: Apr 25, 1962 | Docket: 1522690

Cited 21 times | Published

or modification of the probation pursuant to Section 948.06, F.S., F.S.A. * * *" (Emphasis added.) It is

Sanders v. State

35 So. 3d 864, 35 Fla. L. Weekly Supp. 219, 2010 Fla. LEXIS 645, 2010 WL 1609876

Supreme Court of Florida | Filed: Apr 22, 2010 | Docket: 456324

Cited 20 times | Published

Second District explained that pursuant to section 948.06, Florida Statutes (1999), the trial court did

Raulerson v. State

763 So. 2d 285, 2000 WL 963827

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

Cited 20 times | Published

be adjudicated guilty of the charged offense. § 948.06(1), Fla. Stat. (1995). Applying the foregoing

Williams v. State

581 So. 2d 144, 1991 WL 88740

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

Cited 20 times | Published

01(3), Fla. Stat. (1987). On the other hand, section 948.06(1), Florida Statutes (1987), provides that

Peters v. State

984 So. 2d 1227, 2008 WL 1901668

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

Cited 19 times | Published

defendant on probation or into community control. § 948.06(1), Fla. Stat. (2003);[7]see also Fla. R.Crim

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

probation or the offender into community control." § 948.06(1), Fla. Stat. (1997). This is so even when a

State v. Watts

558 So. 2d 994, 1990 WL 29523

Supreme Court of Florida | Filed: Mar 15, 1990 | Docket: 1726285

Cited 19 times | Published

was free to resentence the defendants under section 948.06(1) to any sentence that the court might have

State v. Cregan

908 So. 2d 387, 2005 WL 1576143

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

Cited 18 times | Published

control. Id. We upheld that decision, noting that section 948.06(2), Florida Statutes (1993), provided that

Cozza v. State

756 So. 2d 272, 2000 WL 560996

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 471103

Cited 18 times | Published

offender on probation or into community control." § 948.06(1), Fla. Stat. (1995). The court then is to grant

Donley v. State

557 So. 2d 943, 1990 WL 21422

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 1512309

Cited 18 times | Published

admitted, the court may revoke the probation. § 948.06(1), Fla. Stat. (1987). A probation revocation

State v. Meeks

789 So. 2d 982, 2001 WL 776488

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

Cited 17 times | Published

control, other than to note, by reference to section 948.06(1), that upon revocation of community control

Gay v. Singletary

700 So. 2d 1220, 1997 WL 656234

Supreme Court of Florida | Filed: Oct 23, 1997 | Docket: 1373706

Cited 17 times | Published

supervision. See ch. 97-78, § 21, Laws of Fla. (amending § 948.06, Fla. Stat. (1995)). [6] Section 947.146 provides

Franklin v. State

226 So. 2d 461

District Court of Appeal of Florida | Filed: Sep 17, 1969 | Docket: 449702

Cited 17 times | Published

justify revocation of probation under Fla. Stat. § 948.06(1), 1967, F.S.A., which reads in part as follows:

Bowles v. Singletary

698 So. 2d 1201, 1997 WL 348105

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 434485

Cited 16 times | Published

(1989). As amended by chapter 89-526, section 8, section 948.06(6) provided, in pertinent part: Any provision

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

that section 948.06(1), Florida Statutes (1991) authorizes the sentence imposed. Section 948.06(1) provides

State v. McFadden

772 So. 2d 1209, 2000 WL 1675950

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

Cited 15 times | Published

adjudicated guilty of the charged offense. See § 948.06(1), Fla. Stat. (1997).

Garcia v. State

701 So. 2d 607, 1997 WL 677991

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 1439777

Cited 15 times | Published

his or her probation "in a material respect." § 948.06(3), Fla. Stat. (1995). A violation triggering

Jess v. State

384 So. 2d 328

District Court of Appeal of Florida | Filed: Jun 3, 1980 | Docket: 1678589

Cited 15 times | Published

v. State, 351 So.2d 1053 (Fla. 4th DCA 1977); § 948.06(1), Fla. Stat. (1979). The allegation that the

State Ex Rel. Lee v. Coker

80 So. 2d 462

Supreme Court of Florida | Filed: May 18, 1955 | Docket: 1440725

Cited 15 times | Published

during said period. The governing statute is Section 948.06, Florida Statutes, F.S.A., as follows: "Whenever

State v. Akins

69 So. 3d 261, 36 Fla. L. Weekly Supp. 215, 2011 Fla. LEXIS 1245, 2011 WL 2061070

Supreme Court of Florida | Filed: May 26, 2011 | Docket: 60302592

Cited 14 times | Published

1988), superseded by statute on other grounds, § 948.06(6), Fla. Stat. (1989). In the case at bar, Akins

Crain v. State

914 So. 2d 1015, 2005 WL 3076606

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1781519

Cited 14 times | Published

warrant for violation of probation pursuant to section 948.06(1), Florida Statutes (2002), must be sworn

Lacey v. State

831 So. 2d 1267, 2002 WL 31828714

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 1387676

Cited 14 times | Published

probation in alternatives (3), (4) and (5), section 948.06(1) and Pearce permit the sentencing judge to

United States v. Michael J. Drayton

113 F.3d 1191, 1997 U.S. App. LEXIS 12448, 1997 WL 251335

Court of Appeals for the Eleventh Circuit | Filed: May 30, 1997 | Docket: 409744

Cited 14 times | Published

500 So.2d 721 (Fla.2d D.C.A.1987); Fla. Stat. § 948.06(1). The Government correctly argues in its

Brooks v. State

478 So. 2d 1052, 10 Fla. L. Weekly 541

Supreme Court of Florida | Filed: Oct 3, 1985 | Docket: 1741707

Cited 14 times | Published

control and sentence him in accordance with section 948.06(1), Florida Statutes? We have jurisdiction

Carpenter v. State

355 So. 2d 492

District Court of Appeal of Florida | Filed: Feb 28, 1978 | Docket: 1360602

Cited 14 times | Published

or modification of the probation pursuant to Section 948.06, Florida Statutes (1975). Carroll v. Cochran

Fulcher v. State

875 So. 2d 647, 2004 WL 444480

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1684052

Cited 13 times | Published

had earned during his prior incarceration. See § 948.06(7), Fla. Stat. (2001). The defendant had earned

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

probation requires adjudication of guilt. See § 948.06(1), Fla. Stat. (2002). This does not render subsection

Eldridge v. Moore

760 So. 2d 888, 2000 WL 373762

Supreme Court of Florida | Filed: Apr 13, 2000 | Docket: 1324727

Cited 12 times | Published

the inmate is returned to prison. See generally § 948.06, Fla. Stat. (1999). The Department, however, continues

Forbes v. Singletary

684 So. 2d 173, 1996 WL 627533

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 1740956

Cited 12 times | Published

bearing on this subject which remain in effect. Section 948.06(6), Florida Statutes (1989), provided that

Bradley v. State

631 So. 2d 1096, 1994 WL 37925

Supreme Court of Florida | Filed: Feb 10, 1994 | Docket: 1748404

Cited 12 times | Published

89-531, Laws of Florida, added subsection (6) to section 948.06, Florida Statutes (1987), to read as follows:

Beech v. State

436 So. 2d 82

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

Cited 12 times | Published

before placing the defendant on probation. See § 948.06, Fla. Stat. (1979). 396 So.2d at 1111-12. By placing

Goldwire v. State

73 So. 3d 844, 2011 Fla. App. LEXIS 17375, 2011 WL 5169982

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 2536998

Cited 11 times | Published

incarcerated. § 958.14, Fla. Stat. (2010). Section 948.06 states, in regards to violations of probation

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

sentencing hearing violated double jeopardy). Section 948.06, Florida Statutes (1987), "provides the sole

Green v. State

620 So. 2d 1126, 1993 WL 242660

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 1388179

Cited 11 times | Published

monetary conditions of probation are set forth in section 948.06(4), Florida Statutes (1991), which provides

State v. Stafford

593 So. 2d 496, 1992 WL 10611

Supreme Court of Florida | Filed: Jan 23, 1992 | Docket: 446626

Cited 11 times | Published

the only one authorized by Florida statutes. See § 948.06, Fla. Stat. (1987). The majority's hypothetical

Bass v. State

473 So. 2d 1367, 10 Fla. L. Weekly 1923

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 1510508

Cited 11 times | Published

State, 365 So.2d 1067 (Fla. 2d DCA 1979). Section 948.06(4), Florida Statute (Supp. 1984),[1] which

Miller v. State

420 So. 2d 631

District Court of Appeal of Florida | Filed: Sep 17, 1982 | Docket: 1306742

Cited 11 times | Published

State, 290 So.2d 116 (Fla. 4th DCA 1974); see also § 948.06, Fla. Stat. (1981). Yet, where the revocation

Weinshenker v. State

223 So. 2d 561

District Court of Appeal of Florida | Filed: Feb 25, 1969 | Docket: 462828

Cited 11 times | Published

requirements for such a hearing are set forth in § 948.06, Fla. Stat., F.S.A. An examination of the statute

Barber v. State

207 So. 3d 379, 2016 Fla. App. LEXIS 19232

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631331

Cited 10 times | Published

violent felony offender of special concern under section 948.06, Florida Statutes (2015). This statute requires

Reynaldo Castillo v. United States

816 F.3d 1300, 2016 U.S. App. LEXIS 4684, 2016 WL 1014220

Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 2016 | Docket: 3044461

Cited 10 times | Published

violation of terms of probation contrary to section 948.06.” They also stated the details of Kurtz’s search

State v. Valera

75 So. 3d 330, 2011 Fla. App. LEXIS 17366, 36 Fla. L. Weekly Fed. D 2390

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 60303690

Cited 10 times | Published

below the minimum mandatory in contravention of section 948.06(2)(b), Florida Statutes. That statute provides:

Shepard v. State

939 So. 2d 311, 2006 WL 2956497

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1237318

Cited 10 times | Published

substantial or willful. The trial court cited section 948.06(5), Florida Statutes, for the rule that in

Stambaugh v. State

891 So. 2d 1136, 2005 WL 156730

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1704473

Cited 10 times | Published

`until the court enters a ruling on the violation.' § 948.06(1), Fla. Stat. (2002)." Id.; see also State v

State v. Bell

854 So. 2d 686, 2003 WL 21672826

District Court of Appeal of Florida | Filed: Jul 18, 2003 | Docket: 1459817

Cited 10 times | Published

range permitted by the sentencing guidelines." Section 948.06(1), Florida Statutes (2002), states, in pertinent

Jacobsen v. State

536 So. 2d 373, 1988 WL 139105

District Court of Appeal of Florida | Filed: Dec 30, 1988 | Docket: 1759892

Cited 10 times | Published

J., and THREADGILL, J., concur. NOTES [1] Section 948.06, Florida Statutes (1984) does not envision

Watson v. State

528 So. 2d 101, 1988 WL 70559

District Court of Appeal of Florida | Filed: Jul 8, 1988 | Docket: 1717281

Cited 10 times | Published

offender to the provisions of s. 948.06(1). Section 948.06, Fla. Stat., the statute referred to in both

Lewis v. State

402 So. 2d 482

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

Cited 10 times | Published

before placing the defendant on probation. See § 948.06, Fla. Stat. (1979). In modifying probation or

Ivey v. State

308 So. 2d 565

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

Cited 10 times | Published

jail as a condition of his probation. Fla. Stat. § 948.06(2) provides: "No part of the time that the defendant

Mobley v. State

197 So. 3d 572, 2016 Fla. App. LEXIS 5606, 2016 WL 1445595

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 60256264

Cited 9 times | Published

that, in this case, the tolling provisions of section 948.06(l)(f), Florida Statutes (2012), were effectuated

Woods v. State

987 So. 2d 669, 2007 WL 2535257

District Court of Appeal of Florida | Filed: Sep 7, 2007 | Docket: 1723769

Cited 9 times | Published

bail or other conditions is not automatic. Section 948.06(2)(c), Florida Statutes (2006), and rule 3

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

time of the offenses in this case. The other, section 948.06(6), Florida Statutes (1993), provided: Any

Merkt v. State

764 So. 2d 865, 2000 WL 1140459

District Court of Appeal of Florida | Filed: Aug 9, 2000 | Docket: 1516394

Cited 9 times | Published

offender on probation or into community control. See § 948.06(1), Fla. Sta. (1987). Accordingly, the trial court

Waldon v. State

670 So. 2d 1155, 1996 WL 148160

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 1671384

Cited 9 times | Published

community control without notice and hearing. Section 948.06, Florida Statutes (1987), provides the sole

Vezina v. State

644 So. 2d 602, 1994 WL 603150

District Court of Appeal of Florida | Filed: Nov 7, 1994 | Docket: 1672241

Cited 9 times | Published

exercise its discretion to change the sentence. § 948.06, Fla. Stat. REVERSING order and REMANDING for

Vezina v. State

644 So. 2d 602, 1994 WL 603150

District Court of Appeal of Florida | Filed: Nov 7, 1994 | Docket: 1672241

Cited 9 times | Published

exercise its discretion to change the sentence. § 948.06, Fla. Stat. REVERSING order and REMANDING for

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

sanction was unlawful. It based its reasoning on section 948.06(1), Florida Statutes (1989), also the controlling

Snead v. State

616 So. 2d 964, 1993 WL 102061

Supreme Court of Florida | Filed: Apr 8, 1993 | Docket: 1366899

Cited 9 times | Published

impose a sentence within the statutory limit. Id.; § 948.06(1), Fla. Stat. (1989). Subsection 948.06(1), Florida

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

probation. (c) Contains the procedural aspects of section 948.06(1), Florida Statutes. 1972 Amendment. (a) of

Rock v. State

584 So. 2d 1110, 1991 WL 163067

District Court of Appeal of Florida | Filed: Aug 21, 1991 | Docket: 1515237

Cited 9 times | Published

condition imposed contrary to the dictates of Section 948.06, Florida Statutes (1987), in finding a violation

State v. Schafer

583 So. 2d 374, 1991 WL 120801

District Court of Appeal of Florida | Filed: Jul 10, 1991 | Docket: 1684101

Cited 9 times | Published

State, 420 So.2d 380 (Fla. 3d DCA 1982). 4. That F.S. 948.06 authorizes modification of terms and conditions

Dixon v. State

546 So. 2d 1194, 1989 WL 89734

District Court of Appeal of Florida | Filed: Aug 8, 1989 | Docket: 1442341

Cited 9 times | Published

probation or community control pursuant to section 948.06(1), Florida Statutes. However, in 1985 the

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

has violated a condition of his probation, section 948.06(1), Florida Statutes, provides that the court

Morgan v. State

491 So. 2d 326, 11 Fla. L. Weekly 1549

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 1383144

Cited 9 times | Published

defendant to prove such financial inability. Section 948.06(4), Florida Statutes; Bass v. State, 473 So

Crosby v. State

487 So. 2d 416, 11 Fla. L. Weekly 1038

District Court of Appeal of Florida | Filed: Apr 30, 1986 | Docket: 1796934

Cited 9 times | Published

that, upon revocation of community control, section 948.06, Florida Statutes, authorized the entry of

State v. Segarra

388 So. 2d 1017

Supreme Court of Florida | Filed: Sep 4, 1980 | Docket: 419789

Cited 9 times | Published

district court of appeal affirmed and referred to section 948.06(1), Florida Statutes (1975), which provides

Genung v. Nuckolls

292 So. 2d 587

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

Cited 9 times | Published

appellee's probation for good cause pursuant to F.S. Section 948.06, F.S.A., provided the minimum due process safeguards

Blacker v. State

49 So. 3d 785, 2010 Fla. App. LEXIS 15807, 2010 WL 4103159

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296852

Cited 8 times | Published

incarcerated. § 958.14, Fla. Stat. (2003).3 Section 948.06(1), Florida Statutes (2003), sets out the manner

Cherington v. State

24 So. 3d 658, 2009 Fla. App. LEXIS 19300, 2009 WL 4723312

District Court of Appeal of Florida | Filed: Dec 11, 2009 | Docket: 1151897

Cited 8 times | Published

. . 14. Aggravated assault under s. 784.021. § 948.06(8)(b), (c), Fla. Stat. (2008) (emphasis added)

Sepulveda v. State

909 So. 2d 568, 2005 WL 2105219

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1663221

Cited 8 times | Published

Thus the motion was timely filed. Analysis Section 948.06(1), Florida Statutes (2003), provides for retention

Jackson v. State

881 So. 2d 666, 2004 WL 1906099

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1748859

Cited 8 times | Published

violation. This requirement is set forth in section 948.06(1), Florida Statutes (2002), which states:

Crews v. State

779 So. 2d 492, 2000 WL 1781412

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 1521094

Cited 8 times | Published

of Fla. See also ch. 89-531, § 13 (codified at § 948.06(6), Fla. Stat. (1989)). As a result, a defendant

State v. Lancaster

731 So. 2d 1227, 1998 WL 892627

Supreme Court of Florida | Filed: Dec 24, 1998 | Docket: 1272520

Cited 8 times | Published

prior to ... his release." (Emphasis added.)[4] Section 948.06(6) states that "whenever probation ... is revoked

Meader v. State

665 So. 2d 344, 1995 WL 757902

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 1352020

Cited 8 times | Published

a result of the violation. Id. In addition, section 948.06(2), Florida Statutes (1993) provides that "[n]o

Clark v. State

510 So. 2d 1202, 12 Fla. L. Weekly 2014

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 1592311

Cited 8 times | Published

3, Laws of Florida. It is codified in *1204 section 948.06(4), Florida Statutes (1985), and provides:

Glosson v. Solomon

490 So. 2d 94, 11 Fla. L. Weekly 506

District Court of Appeal of Florida | Filed: Feb 21, 1986 | Docket: 1489252

Cited 8 times | Published

probation violation charge[3] is in derogation of Section 948.06(1), Florida Statutes (1985), which permits

Segarra v. State

360 So. 2d 79

District Court of Appeal of Florida | Filed: May 30, 1978 | Docket: 1738770

Cited 8 times | Published

this case on the body of law emanating from Section 948.06, Florida Statutes (1975), which provides in

Jacoby v. State

215 So. 3d 168, 2017 WL 1202396, 2017 Fla. App. LEXIS 4374

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4667151

Cited 7 times | Published

Summers, 642 So.2d 742, 744 (Fla. 1994); see also § 948.06(3), Fla. Stat. (2015). But “when a probationer

Singh v. State

135 So. 3d 1136, 2014 WL 1393039, 2014 Fla. App. LEXIS 5325

District Court of Appeal of Florida | Filed: Apr 11, 2014 | Docket: 60239438

Cited 7 times | Published

make the required written finding pursuant to section 948.06(8)(e)l., Florida Statutes (2012), as to whether

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

awarded on the above case/count forfeited under section 948.06(67). ____ The Court allows unforfeited gain

Scott v. State

937 So. 2d 746, 2006 WL 2547099

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 459660

Cited 7 times | Published

The court granted the motion and, pursuant to section 948.06(1)(g), Florida Statutes (2005), continued Scott

Blackwelder v. State

902 So. 2d 905, 2005 WL 1281193

District Court of Appeal of Florida | Filed: Jun 1, 2005 | Docket: 1674978

Cited 7 times | Published

WALLACE, JJ., Concur. NOTES [1] The State cites section 948.06(5), Florida Statutes (2004), McQuitter v. State

Frye v. State

885 So. 2d 419, 2004 WL 2330839

District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1685287

Cited 7 times | Published

probation in 2000. Effective July 1, 2001, section 948.06(1), Florida Statutes, was amended to provide

Osta v. State

880 So. 2d 804, 2004 WL 1799738

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1689197

Cited 7 times | Published

State met that burden and, therefore, affirm. Section 948.06(5) of the Florida Statutes provides as follows:

Yashus v. State

745 So. 2d 504, 1999 WL 1063031

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 799457

Cited 7 times | Published

sentence on a subsequent violation of probation." Section 948.06(1), Florida Statutes (1997), provides that

Henderson v. State

720 So. 2d 1121, 1998 WL 746140

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 1719052

Cited 7 times | Published

See Young v. State, 697 So.2d 75 (Fla.1997); § 948.06(3), Fla. Stat. (1997). Second Violation of Community

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

placed on probation. Fla. R.Crim. P. 3.670. Section 948.06(1), Florida Statutes (1995), addresses the

Echols v. State

660 So. 2d 782, 1995 WL 552361

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1637073

Cited 7 times | Published

offender on probation or into community control. See § 948.06(1), Fla. Stat. (1987). Accordingly, the trial

State v. Lámar

659 So. 2d 262, 1995 WL 500387

Supreme Court of Florida | Filed: Aug 24, 1995 | Docket: 1747960

Cited 7 times | Published

Justice Kogan's dissenting opinion reasoned that section 948.06, Florida Statutes (1987), requires that when

Gardner v. State

656 So. 2d 933, 1995 WL 258911

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 1283724

Cited 7 times | Published

youthful offender is subject to the provisions of section 948.06(1) when he or she violates probation or community

Reeves v. State

605 So. 2d 562, 1992 WL 235301

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 1343577

Cited 7 times | Published

youthful offender to the general provisions of section 948.06(1) beyond the normal six-year cap for such

Thomas v. State

605 So. 2d 1286, 1992 WL 222173

District Court of Appeal of Florida | Filed: Sep 10, 1992 | Docket: 2571256

Cited 7 times | Published

early release from state prison, pursuant to section 948.06(6), Florida Statutes (Supp. 1990). However

Johnson v. State

574 So. 2d 222, 1991 WL 6004

District Court of Appeal of Florida | Filed: Jan 24, 1991 | Docket: 1437311

Cited 7 times | Published

This concept and language was lifted from section 948.06(1) which originally related to the court's

State v. Blackman

488 So. 2d 644, 11 Fla. L. Weekly 1160

District Court of Appeal of Florida | Filed: May 14, 1986 | Docket: 2378414

Cited 7 times | Published

options available to the trial court under section 948.06, Florida Statutes (1985). While Florida Rule

Boyett v. State

452 So. 2d 958

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

Cited 7 times | Published

state's position also gains some support from section 948.06(1), Florida Statutes (1983), which provides

Toombs v. State

404 So. 2d 766

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

Cited 7 times | Published

credited against any prison sentence imposed, § 948.06, Fla. Stat. (1975); State v. Holmes, supra, or

Williams v. Wainwright

493 F. Supp. 153, 1980 U.S. Dist. LEXIS 14041

District Court, S.D. Florida | Filed: Jul 28, 1980 | Docket: 1122019

Cited 7 times | Published

revocation of his probation is set forth in Fla.Stat. § 948.06(1): *154 The court, upon the probationer being

Sims v. State

369 So. 2d 431

District Court of Appeal of Florida | Filed: Apr 4, 1979 | Docket: 2588734

Cited 7 times | Published

While we agree with the trial court that under Section 948.06, Florida Statutes *432 (1977), a defendant

Watkins v. State

368 So. 2d 363

District Court of Appeal of Florida | Filed: Jan 31, 1979 | Docket: 1723269

Cited 7 times | Published

probation be revoked only for material violations. § 948.06(1), Fla. Stat. (1977). We see no need to require

Patrick v. State

336 So. 2d 1253

District Court of Appeal of Florida | Filed: Sep 17, 1976 | Docket: 2564814

Cited 7 times | Published

provision was deleted by the 1974 legislature. Section 948.06, Florida Statutes (1975), is the only authority

Anderson v. State

287 So. 2d 322

District Court of Appeal of Florida | Filed: Dec 20, 1973 | Docket: 1170479

Cited 7 times | Published

evidence upon which the revocation was predicated. Section 948.06, Florida Statutes Annotated, provides as follows:

Borges v. State

249 So. 2d 513

District Court of Appeal of Florida | Filed: Jun 22, 1971 | Docket: 1398677

Cited 7 times | Published

Phillips v. State, Fla.App. 1964, 165 So.2d 246; § 948.06, Fla. Stat., F.S.A.], and the mere fact that subsequent

Brooker v. State

207 So. 2d 478

District Court of Appeal of Florida | Filed: Feb 27, 1968 | Docket: 463276

Cited 7 times | Published

probation." Regarding revocation of probation, § 948.06(1), Fla. Stat., F.S.A., provides: "Whenever within

Caston v. State

58 So. 2d 694, 1952 Fla. LEXIS 1201

Supreme Court of Florida | Filed: Mar 7, 1952 | Docket: 1453844

Cited 7 times | Published

Brill v. State, 159 Fla. 682, 32 So.2d 607. Section 948.06(1), F.S.A., provides: "Whenever within the

Shenfeld v. State

14 So. 3d 1021, 2009 Fla. App. LEXIS 5441, 2009 WL 1393506

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 2562409

Cited 6 times | Published

First, whether the retroactive application of section 948.06(1)(d) Florida Statutes (2007) violates the

Comer v. State

909 So. 2d 460, 2005 WL 2016250

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 1199741

Cited 6 times | Published

community control." Cregan, 908 So.2d at 391. See § 948.06(3), Fla. Stat. (2003) (prohibiting the crediting

Smartmays v. State

901 So. 2d 278, 2005 WL 991691

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666368

Cited 6 times | Published

666 (Fla. 5th DCA 2004), this Court held that section 948.06(1)(b), Florida Statutes, requires that an affidavit

Howard v. State

883 So. 2d 879, 2004 WL 2173670

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 1718099

Cited 6 times | Published

"until the court enters a ruling on the violation." § 948.06(1), Fla. Stat. (2002). A violation of probation

Cella v. State

831 So. 2d 716, 2002 WL 31431560

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 1723014

Cited 6 times | Published

adjudicated guilty of the charged offense. See § 948.06(1), Fla. Stat. (2001). Moreover, Florida courts

Toomajan v. State

785 So. 2d 1275, 2001 WL 627602

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 450151

Cited 6 times | Published

See Young v. State, 697 So.2d 75 (Fla.1997) (section 948.06(2), Florida Statutes, prohibits court from

Mearns v. State

779 So. 2d 282, 1998 WL 1157190

District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 420144

Cited 6 times | Published

the denial of the motion to withdraw pleas. See § 948.06(1), Fla. Stat. (1987); Williams v. State, 629

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

impose a sentence within the statutory limit. Id.; § 948.06(1), Fla. Stat. (1989). Subsection 948.06(1), Florida

Schiffer v. State

617 So. 2d 357, 1993 WL 113342

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1512579

Cited 6 times | Published

convicted occurred prior to the effective date of section 948.06(6), Florida Statutes, he is entitled to credit

Harrington v. State

609 So. 2d 712, 1992 WL 353164

District Court of Appeal of Florida | Filed: Dec 2, 1992 | Docket: 289533

Cited 6 times | Published

February of 1989, prior to the effective date of section 948.06(6), Florida Statutes, applied by the trial

Ferguson v. State

594 So. 2d 864, 1992 WL 41469

District Court of Appeal of Florida | Filed: Mar 6, 1992 | Docket: 1485513

Cited 6 times | Published

Neither party addresses the applicability of section 948.06(6) which provides that whenever probation is

Carter v. State

516 So. 2d 331, 1987 WL 2635

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 1100409

Cited 6 times | Published

agreement to extend it is a nullity. We agree. Section 948.06, Fla. Stat. provides the sole means by which

Carter v. State

516 So. 2d 331, 1987 WL 2635

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 1100409

Cited 6 times | Published

agreement to extend it is a nullity. We agree. Section 948.06, Fla. Stat. provides the sole means by which

Watson v. State

497 So. 2d 1294, 11 Fla. L. Weekly 2369

District Court of Appeal of Florida | Filed: Nov 14, 1986 | Docket: 100333

Cited 6 times | Published

arrest warrant for violation of probation. See section 948.06, Fla. Stat.; cf. McNeill v. State, 287 So.2d

Brooks v. State

461 So. 2d 995

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 1048457

Cited 6 times | Published

CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES? SMITH, ZEHMER and BARFIELD

State v. Jones

425 So. 2d 178

District Court of Appeal of Florida | Filed: Jan 14, 1983 | Docket: 1182540

Cited 6 times | Published

probation even if the charge is admitted or proved. Section 948.06, Florida Statutes.

Mulder v. State

356 So. 2d 870

District Court of Appeal of Florida | Filed: Mar 21, 1978 | Docket: 2568802

Cited 6 times | Published

before placing the probationer on probation." Section 948.06(1), Florida Statutes (1975). Appellant contends

Scott v. State

326 So. 2d 165

Supreme Court of Florida | Filed: Jan 15, 1976 | Docket: 1434075

Cited 6 times | Published

opinion, this standard is not superseded by Section 948.06, Florida Statutes, which, upon breach of probation

Arnone v. State

204 So. 3d 556, 2016 Fla. App. LEXIS 17122

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 63630628

Cited 5 times | Published

defendant posed a danger to the community. See § 948.06(8)(e)l, Fla. Stat. (2011) (“If the court, after

Williams v. State

202 So. 3d 917, 2016 Fla. App. LEXIS 15184

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 60257311

Cited 5 times | Published

until the court enters a ruling on the violation.” § 948.06(1)(f), Fla. Stat. In a situation where there is

Tasker v. State

48 So. 3d 798, 35 Fla. L. Weekly Supp. 658, 2010 Fla. LEXIS 1936, 2010 WL 4483514

Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 60296624

Cited 5 times | Published

State, 35 So.3d 864, 869 (Fla.2010); see also § 948.06(2)(b), Fla. Stat. (“If probation or community

Alcantara v. State

39 So. 3d 535, 2010 Fla. App. LEXIS 10462, 2010 WL 2787540

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 2409293

Cited 5 times | Published

entering as the "qualifying offense" under section 948.06(8)(c), Florida Statutes (2008). Because the

Valle v. State

994 So. 2d 425, 2008 WL 4664270

District Court of Appeal of Florida | Filed: Oct 23, 2008 | Docket: 2535494

Cited 5 times | Published

efforts legally to acquire the resources to do so.' § 948.06(5), Fla. Stat. (2004)").

Balsinger v. State

974 So. 2d 592, 2008 WL 465545

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1717955

Cited 5 times | Published

a guilty or nolo contendere plea; however, section 948.06(2), Florida Statutes (2006), requires that

Jones v. State

964 So. 2d 167, 2007 WL 1789256

District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 1259665

Cited 5 times | Published

affidavit and arrest warrant requirements of section 948.06(1), Florida Statutes (2003), to toll the probationary

Martin v. State

937 So. 2d 714, 2006 WL 2433182

District Court of Appeal of Florida | Filed: Aug 24, 2006 | Docket: 1513172

Cited 5 times | Published

either court costs or the "cost of supervision." § 948.06(5), Fla. Stat. (2001). Instead, the learned trial

Adekunle v. State

916 So. 2d 950, 2005 WL 3299767

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1187372

Cited 5 times | Published

before placing the probationer on probation." § 948.06(1), Fla. Stat. (1997) (emphasis added). The 1998

Baroulette v. McCray

904 So. 2d 575, 2005 WL 1398541

District Court of Appeal of Florida | Filed: Jun 14, 2005 | Docket: 1364817

Cited 5 times | Published

in motion" a revocation of probation). See also § 948.06(1)(d), Fla. Stat. (2004)("Upon filing of an affidavit

Norman v. State

900 So. 2d 702, 2005 WL 924293

District Court of Appeal of Florida | Filed: Apr 22, 2005 | Docket: 463188

Cited 5 times | Published

entitled to a hearing "as soon as practicable." See § 948.06(4), Fla. Stat. (2004). In this case, the State

Woods v. State

879 So. 2d 651, 2004 WL 1485848

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 463727

Cited 5 times | Published

violating the proscription against double jeopardy. § 948.06(1), Fla. Stat (2002); Lippman v. State, 633 So

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

786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). Section 948.06, Florida Statutes (2001), implements these

Robinson v. State

850 So. 2d 658, 28 Fla. L. Weekly Fed. D 1742

District Court of Appeal of Florida | Filed: Jul 28, 2003 | Docket: 1783565

Cited 5 times | Published

post-revocation sentence of incarceration. See § 948.06(3), Fla. Stat. (2001); Young v. State, 697 So

Troncoso v. State

825 So. 2d 494, 2002 WL 2008110

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 2533086

Cited 5 times | Published

before placing the defendant on probation. See § 948.06(1) Fla. Stat. (1983). Here, the trial court was

Griffin v. State

783 So. 2d 337, 2001 WL 427390

District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 1675774

Cited 5 times | Published

five years probation, and seek counseling. Section 948.06(1), Florida Statutes (1999) provides in part

Singletary v. Whittaker

739 So. 2d 1183, 1999 WL 518728

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 1688749

Cited 5 times | Published

this case has been eliminated by revisions to section 948.06(6). The current statutes provide that gain

Singletary v. Whittaker

739 So. 2d 1183, 1999 WL 518728

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 1688749

Cited 5 times | Published

this case has been eliminated by revisions to section 948.06(6). The current statutes provide that gain

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

imposed" before placing Dupree on community control. § 948.06(1), Fla. Stat. (1991). Instead of appealing those

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

supreme court found support in its decision from section 948.06, Florida Statutes (1987), which provides the

Boyd v. State

699 So. 2d 295, 1997 WL 570460

District Court of Appeal of Florida | Filed: Sep 16, 1997 | Docket: 1321561

Cited 5 times | Published

or modification of the probation pursuant to Section 948.06, F.S." At the time Ard was written, "the processes

Boyd v. State

699 So. 2d 295, 1997 WL 570460

District Court of Appeal of Florida | Filed: Sep 16, 1997 | Docket: 1321561

Cited 5 times | Published

or modification of the probation pursuant to Section 948.06, F.S." At the time Ard was written, "the processes

Allen v. State

662 So. 2d 380, 1995 WL 637509

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 1683540

Cited 5 times | Published

L.Ed.2d 274 (1969), Judge Grimes explained: Section 948.06, Florida Statutes, F.S.A., states that at a

Smith v. State

659 So. 2d 1222, 1995 WL 497333

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 2362794

Cited 5 times | Published

Harrington v. State, 609 So.2d 712 (Fla. 4th DCA 1992); § 948.06(6), Fla. Stat. (1989); Ch. 89-531, Laws of Florida

Johnson v. State

641 So. 2d 970, 1994 WL 478545

District Court of Appeal of Florida | Filed: Sep 9, 1994 | Docket: 1152645

Cited 5 times | Published

[2] For cases prior to the effective date of section 948.06(6), Florida Statutes (1989), there appear to

Green v. State

636 So. 2d 830, 1994 WL 169341

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 1715386

Cited 5 times | Published

with section 944.28(1); it is consistent with section 948.06(6); it is consistent with the statewide sentencing

Hewett v. State

613 So. 2d 1305, 1993 WL 25104

Supreme Court of Florida | Filed: Feb 4, 1993 | Docket: 1511351

Cited 5 times | Published

to pay restitution or the cost of supervision. § 948.06(4), Fla. Stat. (1991). The statutory language

Holcombe v. State

553 So. 2d 1337, 1989 WL 152162

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 1259317

Cited 5 times | Published

his probation officer in lieu of compliance with § 948.06, Fla. Stat. He further argues the trial court

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

probation, place him in community control. See Section 948.06. The state contends that the subject disposition

Loveless v. Bryson

460 So. 2d 942

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

Cited 5 times | Published

now appears to us that a recent amendment to section 948.06 explicitly controls the present case and distinguishes

Wainwright v. Evans

403 So. 2d 1123

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 1250906

Cited 5 times | Published

given a hearing pursuant to section 947.23 or section 948.06 within ten days. Section 949.10, however, is

Green v. State

392 So. 2d 333

District Court of Appeal of Florida | Filed: Jan 9, 1981 | Docket: 1268875

Cited 5 times | Published

sentence which would have been originally authorized. § 948.06(1), Fla. Stat. (1979). Accordingly, we hold that

Washington v. State

284 So. 2d 236

District Court of Appeal of Florida | Filed: Oct 26, 1973 | Docket: 1727881

Cited 5 times | Published

involving the revocation of probation. We disagree. Section 948.06, Florida Statutes, F.S.A., states that at a

Williams v. State

4 So. 3d 728, 2009 Fla. App. LEXIS 3621, 2009 WL 482288

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 293929

Cited 4 times | Published

PALMER, C.J. and EVANDER, J., concur. NOTES [1] Section 948.06(1)(a), Florida Statutes, authorizes any law

Hudson v. State

989 So. 2d 725, 2008 WL 3978700

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 1665464

Cited 4 times | Published

972 So.2d 1017 (Fla. 4th DCA 2008). Under section 948.06(2)(b), Florida Statutes (2003), revocation

Hudson v. State

989 So. 2d 725, 2008 WL 3978700

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 1665464

Cited 4 times | Published

972 So.2d 1017 (Fla. 4th DCA 2008). Under section 948.06(2)(b), Florida Statutes (2003), revocation

Harper v. State

955 So. 2d 617, 2007 WL 1223456

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 1659348

Cited 4 times | Published

403 (Fla.1994). Since that decision, however, section 948.06, Florida Statutes, has been amended to include

Petscher v. State

936 So. 2d 639, 2006 WL 1708324

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 1161501

Cited 4 times | Published

time that he or she shall be sentenced to serve. § 948.06(3), F.S.2005. Appellant is not entitled to credit

Jean-Gilles v. State

921 So. 2d 860, 2006 WL 546644

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1658427

Cited 4 times | Published

requires the filing of an affidavit and a warrant. Section 948.06, Florida Statutes (2003), reads as follows:

Felton v. State

919 So. 2d 557, 2005 WL 3555579

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 1678636

Cited 4 times | Published

"involves a failure to comport with a provision of section 948.06(1), Florida Statutes [(2004)]. Such non-compliance

Larimore v. State

917 So. 2d 354, 2005 WL 3543920

District Court of Appeal of Florida | Filed: Dec 29, 2005 | Docket: 448342

Cited 4 times | Published

custody was lawful because it was authorized by section 948.06(1), Florida Statutes (1999), and Florida Rule

Gilbert v. State

913 So. 2d 84, 2005 WL 2654520

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1698273

Cited 4 times | Published

proceed to a revocation hearing pursuant to section 948.06(2), Florida Statutes (2003). Affirmed in part

Chapman v. State

910 So. 2d 940, 2005 WL 2319009

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 133079

Cited 4 times | Published

execute the arrest warrant against him based on section 948.06(1), Florida Statutes, which states that any

State v. Watson

909 So. 2d 942, 2005 WL 1923389

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 1199192

Cited 4 times | Published

modify Watson's probation pursuant *944 to section 948.06(2)(a), Florida Statutes (2005), which provides

Mundorff v. State

890 So. 2d 1234, 2005 WL 94507

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 1289854

Cited 4 times | Published

failing to comply with the requirements of section 948.06 (2001), Florida Statutes, when it previously

Gearhart v. State

885 So. 2d 415, 2004 WL 2315112

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 1685212

Cited 4 times | Published

advised of the charge following the procedures of section 948.06, Florida Statutes. 579 So.2d at 110-11. In

Cowart v. State

860 So. 2d 1041, 2003 WL 22867623

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 454773

Cited 4 times | Published

probationer into a community control program." § 948.06(1), Fla. Stat. (2002); Griffin v. State, 783 So

Harris v. State

854 So. 2d 703, 2003 WL 21920388

District Court of Appeal of Florida | Filed: Aug 13, 2003 | Docket: 1747439

Cited 4 times | Published

until the court enters a ruling on the violation." § 948.06(1), Fla. Stat. (2001); ch.2001-109, § 1, Laws

Saunders v. State

837 So. 2d 433, 2002 WL 31126909

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 2564585

Cited 4 times | Published

been arrested for the violation of probation. See § 948.06(4), Fla. Stat. (2001) (providing that a probationer

Pagnotti v. State

821 So. 2d 466, 2002 WL 1625474

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1657199

Cited 4 times | Published

769 So.2d 457, 463 (Fla. 4th DCA 2000) (quoting § 948.06(1), Fla. Stat. (1997)). There is no question that

Harris v. State

773 So. 2d 627, 2000 WL 1816711

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1687703

Cited 4 times | Published

probation." The court concluded that while section 948.06(1), allows a trial court to "impose any sentence

Yashus v. State

796 So. 2d 540, 1999 WL 33435975

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1249415

Cited 4 times | Published

sentence on a subsequent violation of probation." Section 948.06(1), Florida Statutes (1997), provides that

McGraw v. State

700 So. 2d 183, 1997 WL 640730

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 2578672

Cited 4 times | Published

or modification of the probation pursuant to section 948.06, Florida Statutes (1995). See Carroll v. Cochran

Routenberg v. State

677 So. 2d 1325, 1996 WL 430841

District Court of Appeal of Florida | Filed: Aug 2, 1996 | Docket: 1690106

Cited 4 times | Published

Williams v. State, 581 So.2d 144 (Fla.1991); § 948.06(1), Fla. Stat. (1995). Factors relating to violation

Delancey v. State

653 So. 2d 1062, 1995 WL 170002

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 552042

Cited 4 times | Published

Fifth District Court explained in Lippman: Section 948.06, Florida Statutes (1987), "provides the sole

State v. Zlockower

650 So. 2d 692, 1995 WL 68743

District Court of Appeal of Florida | Filed: Feb 22, 1995 | Docket: 1703252

Cited 4 times | Published

denied, 519 So.2d 988 (Fla. 1987). Additionally, section 948.06(1), Fla. Stat. (1991) authorizes a trial court

Massie v. State

635 So. 2d 110, 1994 WL 122948

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 308799

Cited 4 times | Published

defend based on his financial inability to pay. See § 948.06(4), Fla. Stat. (1991). Reversed and remanded.

Jones v. State

633 So. 2d 482, 1994 WL 51095

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 1708073

Cited 4 times | Published

earned up to the date of his release on probation. § 948.06(6), Fla. Stat. (1989); Ch. 89-531, §§ 13 and 20

State v. Hogan

611 So. 2d 78, 1992 WL 385497

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 317988

Cited 4 times | Published

denied, 519 So.2d 988 (Fla. 1987). Additionally, section 948.06(1), Fla. Stat. (1991) authorizes a trial court

Perez v. State

599 So. 2d 1385, 1992 WL 123502

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 1484001

Cited 4 times | Published

and it is hereby revoked in accordance with Section 948.06 Florida Statutes, and the said defendant is

State v. Harrison

589 So. 2d 317, 1991 WL 188313

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1730829

Cited 4 times | Published

contemporaneous written reasons. We disagree and affirm. Section 948.06(1), Florida Statutes, relating to violation

State v. Harrison

589 So. 2d 317, 1991 WL 188313

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1730829

Cited 4 times | Published

contemporaneous written reasons. We disagree and affirm. Section 948.06(1), Florida Statutes, relating to violation

Goley v. State

584 So. 2d 139, 1991 WL 148345

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1515188

Cited 4 times | Published

material respect so as to support revocation under section 948.06, Florida Statutes (1989). Where the greater

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

for the first time. Therefore, pursuant to section 948.06(1), Florida Statutes (1989), upon revoking

Carter v. State

552 So. 2d 203, 1989 WL 67443

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1201182

Cited 4 times | Published

violation of probation under this alternative, "section 948.06(1) and Pearce [North Carolina v. Pearce, 395

Quincutti v. State

540 So. 2d 900, 1989 WL 27908

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 2588027

Cited 4 times | Published

Poore v. State, 531 So.2d 161, 164 (Fla. 1988); § 948.06(1), (2), Fla. Stat. (1987). Since it is agreed

Chaitman v. State

495 So. 2d 1231, 11 Fla. L. Weekly 2205

District Court of Appeal of Florida | Filed: Oct 16, 1986 | Docket: 1168805

Cited 4 times | Published

grounds, State v. Holmes, 360 So.2d 380 (Fla. 1978); § 948.06(2), Fla. Stat.(1985).

Harris v. State

495 So. 2d 243, 11 Fla. L. Weekly 2058

District Court of Appeal of Florida | Filed: Sep 26, 1986 | Docket: 2555886

Cited 4 times | Published

affidavit of probation violation and warrant. See § 948.06(1), Fla. Stat. (1985); Butler v. State, 450 So

Pendergrass v. State

487 So. 2d 35

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

Cited 4 times | Published

youthful offenders subject to the terms of section 948.06(1), Florida Statutes (1983). As a youthful

Johnson v. State

482 So. 2d 398, 10 Fla. L. Weekly 2579

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 1769216

Cited 4 times | Published

control and sentence him in accordance with section 948.06(1), Florida Statutes? In Clem it was the position

Lane v. State

470 So. 2d 30, 10 Fla. L. Weekly 1171

District Court of Appeal of Florida | Filed: May 9, 1985 | Docket: 1262090

Cited 4 times | Published

of Florida, effective October 1, 1983, amended § 948.06(1), Fla. Stat. to encompass community control

Jones v. State

336 So. 2d 1172

Supreme Court of Florida | Filed: Aug 25, 1976 | Docket: 1378610

Cited 4 times | Published

as a condition of probation, authorized by Section 948.06, Florida Statutes. See State v. Jones, 327

State v. Griffith

331 So. 2d 313

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

Cited 4 times | Published

a probation revocation hearing. First, F.S. Section 948.06, F.S.A., authorizes any probation supervisor

Benoit v. City of Lake City

343 F. Supp. 3d 1219

District Court, M.D. Florida | Filed: Oct 16, 2018 | Docket: 64321385

Cited 3 times | Published

his probation in violation of Florida Statute section 948.06.9 See Arrest Report; Benoit Dep. at 29, 40

Escobar v. State

189 So. 3d 1029, 2016 WL 1445593, 2016 Fla. App. LEXIS 5609

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 60254387

Cited 3 times | Published

was a danger to the community, as required by section 948.06(8)(e)l, Florida Statutes (2014). The trial

Davel K. Knight v. State

187 So. 3d 307

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045481

Cited 3 times | Published

trial court’s order revoking probation. Section 948.06(2), Florida Statutes (2014), provides the trial

A.M.R. v. State

134 So. 3d 502, 2014 WL 537562, 2014 Fla. App. LEXIS 1839

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60239252

Cited 3 times | Published

referenced the adult violation of probation statute, section 948.06, Florida Statutes (2011), instead of the juvenile

Bailey v. State

136 So. 3d 617, 2013 Fla. App. LEXIS 14802, 2013 WL 5226610

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60240042

Cited 3 times | Published

designation does not satisfy the requirements of section 948.06(8)(e), Florida Statutes (2010), and that this

Martin v. State

87 So. 3d 813, 2012 WL 1557325, 2012 Fla. App. LEXIS 7007

District Court of Appeal of Florida | Filed: May 4, 2012 | Docket: 60308052

Cited 3 times | Published

special concern, he poses a danger to the community. § 948.06(8)(e), Fla. Stat. (2010). However, the trial court

Shenfeld v. State

44 So. 3d 96, 35 Fla. L. Weekly Supp. 479, 2010 Fla. LEXIS 1456, 2010 WL 3431710

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 60295728

Cited 3 times | Published

1023. When Shenfeld was placed on probation, section 948.06(1), Florida Statutes (2001), provided that

United States v. Franklin

721 F. Supp. 2d 1229, 2010 U.S. Dist. LEXIS 61981, 2010 WL 2540114

District Court, M.D. Florida | Filed: Jun 22, 2010 | Docket: 2405500

Cited 3 times | Published

amended the relevant probation statute, FLA. STAT. § 948.06, to specifically provide for tolling of probationary

Sanders v. State

16 So. 3d 232, 2009 Fla. App. LEXIS 11570, 2009 WL 2514170

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1640821

Cited 3 times | Published

affidavit of violation of probation. Pursuant to section 948.06, Florida Statutes (1999), the trial court only

Defense Control USA, Inc. v. Atlantis Consultants Ltd.

4 So. 3d 694, 2009 Fla. App. LEXIS 1268, 2009 WL 383626

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 2553425

Cited 3 times | Published

official. Certain Florida statutes, for example section 948.06, Florida Statutes (2008), specifically require

State v. Leukel

979 So. 2d 292, 2008 WL 536645

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1408156

Cited 3 times | Published

education and treatment program described in section 948.06(6)(a) could become operational in that county

Peraza v. Bradshaw

966 So. 2d 504, 2007 WL 3025021

District Court of Appeal of Florida | Filed: Oct 18, 2007 | Docket: 1679421

Cited 3 times | Published

further hearing before the sentencing court. See § 948.06(4), Fla. Stat. (2006) (where probationer is arrested

Martinez v. State

965 So. 2d 1244, 2007 WL 2850080

District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 447405

Cited 3 times | Published

court that granted the term of probation. See § 948.06(1)(b), Fla. Stat. (2005). The term of probation

Battles v. State

919 So. 2d 621, 2006 WL 141068

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1678726

Cited 3 times | Published

over a probationer for the term of probation. See § 948.06(1)(a), Fla. Stat. (2004). Appellant's probation

Gonzales v. State

909 So. 2d 960, 2005 WL 2087883

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 350639

Cited 3 times | Published

efforts legally to acquire the resources to do so." § 948.06(5), Fla. Stat. (2004); see Guardado v. State,

McNeil v. State

908 So. 2d 556, 2005 WL 1875532

District Court of Appeal of Florida | Filed: Aug 10, 2005 | Docket: 1724867

Cited 3 times | Published

funds to pay the costs involved. Pursuant to section 948.06(5), Florida Statutes (2003), once a probationer

Rodriguez v. State

899 So. 2d 471, 2005 WL 826932

District Court of Appeal of Florida | Filed: Apr 11, 2005 | Docket: 756153

Cited 3 times | Published

of probation.[2] Fla. R.Crim. P. 3.790(a),(b); § 948.06, Fla. Stat. (2004). Florida Rule of Criminal Procedure

Harris v. State

893 So. 2d 669, 2005 WL 372043

District Court of Appeal of Florida | Filed: Feb 17, 2005 | Docket: 2565590

Cited 3 times | Published

amended affidavit and report were timely under section 948.06(1)(d), Florida Statutes, as amended in 2001

Williams v. State

889 So. 2d 969

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1488695

Cited 3 times | Published

sentence which it could have originally imposed. See § 948.06(2)(b), Fla. Stat.; Fettler v. State, 885 So.2d

Tur v. State

797 So. 2d 4, 2001 WL 20773

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 1359837

Cited 3 times | Published

463 So.2d 1139, 1140 (Fla.1985). Pursuant to section 948.06(1), Fla. Stat. (1999), upon a revocation of

Johnston v. State

768 So. 2d 504, 2000 WL 1224867

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1525589

Cited 3 times | Published

conduct a search of a probationer's person. Section 948.06, Florida Statutes (1997), authorizes a probation

Meeks v. State

754 So. 2d 101, 2000 WL 266310

District Court of Appeal of Florida | Filed: Mar 13, 2000 | Docket: 1523479

Cited 3 times | Published

the youthful offender to the provisions of section 948.06(1). However, no youthful offender shall be

Lewis v. Moore

753 So. 2d 1242, 2000 WL 185433

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 2518001

Cited 3 times | Published

provides for the forfeiture of "all gain-time." Section 948.06(6), Florida Statutes (1999), provides similar

Diller v. State

711 So. 2d 54, 1998 WL 135136

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1337177

Cited 3 times | Published

viable alternative to incarceration. Although section 948.06(4), Florida Statutes (1995) refers to a violation

Brown v. State

697 So. 2d 928, 1997 WL 422570

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 1777247

Cited 3 times | Published

believe the probationer has violated his probation. § 948.06, Fla. Stat. (1977). It would be impossible to

Goines v. State

691 So. 2d 593, 1997 WL 178909

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 2548230

Cited 3 times | Published

the violations had been willful. We affirm. Section 948.06(1), Florida Statutes (1995), provides that

Young v. State

678 So. 2d 427, 1996 WL 426156

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 1736927

Cited 3 times | Published

v. Summers, 642 So.2d 742 (Fla.1994). See also § 948.06(1), Fla. Stat. (1993) (upon revocation of probation

Russell v. State

676 So. 2d 1026, 1996 WL 346919

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1692937

Cited 3 times | Published

the time that he shall be sentenced to serve." § 948.06(2), Fla. Stat., quoted in Waters v. State, 662

Marchessault v. State

659 So. 2d 1315, 1995 WL 521099

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 789959

Cited 3 times | Published

date of entry of the valid order of revocation. § 948.06(2), Fla. Stat. (1993); see State v. Summers, 642

Gonzales v. State

658 So. 2d 1091, 1995 WL 407450

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 479223

Cited 3 times | Published

entire ten year period under Florida Statutes Section 948.06(2), the new sentence is illegal because it

Phillips v. State

651 So. 2d 203, 1995 WL 74478

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 1518150

Cited 3 times | Published

exceed the statutory maximum. Summers held that § 948.06(2), Florida Statutes, which provides that "No

Therrien v. State

637 So. 2d 288, 1994 WL 151314

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 1521500

Cited 3 times | Published

to prove that she has paid all that she can. § 948.06, Fla. Stat. (1993); Morgan v. State, 491 So.2d

Thomas v. State

635 So. 2d 1009, 1994 WL 141204

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1705457

Cited 3 times | Published

alternative methods of punishment to incarceration. See § 948.06(4), Fla. Stat. (if a probationer proves that he

Webb v. State

630 So. 2d 674, 1994 WL 11553

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 1519541

Cited 3 times | Published

correct his sentence. In his motion, he argued section 948.06(6), Florida Statutes (1989), which authorizes

Williams v. State

629 So. 2d 174, 1993 WL 424204

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 1263701

Cited 3 times | Published

probation. This the court was entitled to do under section 948.06(1), Florida Statutes (1991), which provides

Wilcox v. State

625 So. 2d 920, 1993 WL 408223

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1517580

Cited 3 times | Published

sentence pursuant to the original plea agreement. See § 948.06(1), Fla. Stat. (1987). See also State v. Johnson

McQuitter v. State

622 So. 2d 590, 1993 WL 299503

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 547046

Cited 3 times | Published

evidence that he or she lacked the ability to pay. § 948.06(4), Fla. Stat.(1989); Morgan v. State, 491 So

Moultrie v. State

618 So. 2d 789, 1993 WL 169180

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 2587572

Cited 3 times | Published

overruled Green, when it enacted what is now section 948.06(6), Florida Statutes. Ch. 89-526, § 8, at 2664

Smith v. State

613 So. 2d 603, 1993 WL 33347

District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 89438

Cited 3 times | Published

(Fla. 1989). Green applies, notwithstanding section 948.06(6), Florida Statutes, (Ch. 89-526, § 8, Laws

Bell v. State

610 So. 2d 737, 1993 WL 5319

District Court of Appeal of Florida | Filed: Jan 13, 1993 | Docket: 197313

Cited 3 times | Published

J., and SCHOONOVER, J., concur. NOTES [1] Section 948.06(6), Florida Statutes (Supp. 1990), has been

Teasley v. State

610 So. 2d 26, 1992 WL 361273

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1413985

Cited 3 times | Published

originally (five years' prison in this case), § 948.06(1), Fla. Stat. (1983); however, the trial court

Nix v. State

604 So. 2d 920, 1992 WL 217186

District Court of Appeal of Florida | Filed: Sep 8, 1992 | Docket: 1289688

Cited 3 times | Published

pay court-ordered restitution. As provided in Section 948.06(4), Florida Statutes (1989), if the state establishes

State v. Woodland

602 So. 2d 554, 1992 WL 55247

District Court of Appeal of Florida | Filed: Mar 25, 1992 | Docket: 1694143

Cited 3 times | Published

permissible punishment for violation of probation, section 948.06, Florida Statutes (1989), gives any indication

Stewart v. State

586 So. 2d 449, 1991 WL 185192

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 1487949

Cited 3 times | Published

of this contention, we dismiss the appeal. Section 948.06(1), Florida Statutes provides, in part: The

Marsh v. State

559 So. 2d 411, 1990 WL 41221

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 2589672

Cited 3 times | Published

agreement to extend it is a nullity. We agree. Section 948.06, Florida Statutes (1987), provides the sole

Ford v. State

553 So. 2d 1340, 1989 WL 152165

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 2571085

Cited 3 times | Published

his probation officer in lieu of complying with § 948.06, Fla. Stat. We agree and reverse. *1341 The facts

Word v. State

533 So. 2d 893, 1988 WL 117613

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 1232716

Cited 3 times | Published

State, 473 So.2d 1367 (Fla. 1st DCA 1985); *894 § 948.06(4), Fla. Stat. (1985). Applying that principle

Bennington v. Thornton

370 So. 2d 856

District Court of Appeal of Florida | Filed: May 10, 1979 | Docket: 2575317

Cited 3 times | Published

arrested pursuant to a warrant, the provisions of Section 948.06, Fla. Stat. (1977), apply. Under this section

Simmons v. State

305 So. 2d 178

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

Cited 3 times | Published

hearing to which he was entitled. It further held Section 948.06, F.S. presupposes two procedural prerequisites

Jones v. State

297 So. 2d 93

District Court of Appeal of Florida | Filed: Jul 3, 1974 | Docket: 1510391

Cited 3 times | Published

J., and McNULTY, J., concur. NOTES [1] See Section 948.06(1), Florida Statutes, F.S.A. [2] See Mitchum

Jones v. State

296 So. 2d 519

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

Cited 3 times | Published

could have originally imposed (as permitted by § 948.06 Fla. Stat., F.S.A. when sentence has been withheld

Waters v. State

290 So. 2d 503

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

Cited 3 times | Published

the defendant might have been sentenced. F.S. Section 948.06, F.S.A., provides that upon revocation of probation

Robin Eustache v. State of Florida

248 So. 3d 1097

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417582

Cited 2 times | Published

community control is to be sentenced under section 948.06, a separate provision of general law applicable

Erin Vontez Thompson v. State of Florida

250 So. 3d 132

District Court of Appeal of Florida | Filed: May 17, 2018 | Docket: 6742536

Cited 2 times | Published

willfulness, by a preponderance of the evidence. § 948.06(5), Fla. Stat. (2015); Brown v. State, 221 So

Bell v. State

150 So. 3d 1214, 2014 Fla. App. LEXIS 18533, 2014 WL 5877829

District Court of Appeal of Florida | Filed: Nov 14, 2014 | Docket: 60244179

Cited 2 times | Published

that Bell posed a danger to the community. See § 948.06(8)(e), Florida Statutes (2013). However, its written

Bell v. State

150 So. 3d 1214, 2014 Fla. App. LEXIS 18533, 2014 WL 5877829

District Court of Appeal of Florida | Filed: Nov 14, 2014 | Docket: 60244179

Cited 2 times | Published

that Bell posed a danger to the community. See § 948.06(8)(e), Florida Statutes (2013). However, its written

Shultz v. State

136 So. 3d 1232, 2014 Fla. App. LEXIS 5506, 2014 WL 1468091

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239943

Cited 2 times | Published

youthful offender to the provision[ ] of [section 948.06(1) ].”); § 948.06(1), Fla. Stat. (1981) (“If such probation

State v. Currilly

126 So. 3d 1244, 2013 WL 6050849, 2013 Fla. App. LEXIS 18224

District Court of Appeal of Florida | Filed: Nov 15, 2013 | Docket: 60236279

Cited 2 times | Published

based on the clear and unambiguous language of section 948.06(2)(b), Florida Statutes (2011).2 However, we

Zaborowski v. State

126 So. 3d 405, 2013 WL 5927282, 2013 Fla. App. LEXIS 17643

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60236435

Cited 2 times | Published

affidavit of violation because the version of section 948.06 in effect at that time did not include language

Landry v. State

61 So. 3d 1160, 2011 Fla. App. LEXIS 5361, 2011 WL 1431533

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 2361705

Cited 2 times | Published

any sentence it could have originally imposed. § 948.06(2)(b), Fla. Stat. (2009); see Franklin v. State

Jackson v. State

56 So. 3d 65, 2011 Fla. App. LEXIS 2285, 2011 WL 923961

District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 60298618

Cited 2 times | Published

defendant] has previously been adjudged guilty.” See § 948.06(2)(e), Fla. Stat. (2010) (emphasis added). Thus

Gonzalez-Ramos v. State

46 So. 3d 67, 2010 WL 2131639

District Court of Appeal of Florida | Filed: Oct 15, 2010 | Docket: 2402265

Cited 2 times | Published

the State utilizes the tolling provisions in section 948.06(1), Florida Statutes, to contend that the two

State v. Daniels

33 So. 3d 749, 2010 Fla. App. LEXIS 4682, 2010 WL 1404402

District Court of Appeal of Florida | Filed: Apr 9, 2010 | Docket: 239002

Cited 2 times | Published

affidavit. Analysis Initially, we observe that section 948.06(2)(a), Florida Statutes (2007), provides three

NADZO v. State

24 So. 3d 690, 2009 Fla. App. LEXIS 19768, 2009 WL 4877713

District Court of Appeal of Florida | Filed: Dec 18, 2009 | Docket: 1648580

Cited 2 times | Published

So.2d 1041, 1042 (Fla. 5th DCA 2003) (quoting § 948.06(1), Fla. Stat. (2002)). Furthermore, upon revocation

Badger v. State

23 So. 3d 813, 2009 Fla. App. LEXIS 18458, 2009 WL 4282925

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 60282069

Cited 2 times | Published

(Fla. 2d DCA 1997). The legislature amended section 948.06(l)(d) to toll a term of community control or

Chase v. State

977 So. 2d 708, 2008 WL 762620

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1529646

Cited 2 times | Published

community control, the trial court relied on section 948.06, Florida Statutes (1997), which provides in

Burkhart v. State

974 So. 2d 1203, 2008 WL 482298

District Court of Appeal of Florida | Filed: Feb 25, 2008 | Docket: 1717800

Cited 2 times | Published

Justice v. State, 674 So.2d 123, 126 (Fla.1996). Section 948.06 sets forth the proper procedure for enhancing

In Re Amendments to Fl. Rule of Cirm. Proce. 3.992

972 So. 2d 862, 2008 WL 90048

Supreme Court of Florida | Filed: Jan 10, 2008 | Docket: 2565920

Cited 2 times | Published

felony offender of special concern as defined in section 948.06, Florida Statutes. [2] The modifications are

Burrell v. State

993 So. 2d 998, 2007 WL 3317518

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 904145

Cited 2 times | Published

imposed on Burrell, even without the Act. See § 948.06(1), Fla. Stat. (2002); Hill v. State, 927 So.2d

Pupo-Diaz v. State

966 So. 2d 1010, 2007 WL 2963742

District Court of Appeal of Florida | Filed: Oct 12, 2007 | Docket: 2538592

Cited 2 times | Published

and/or tolled against his term of probation. See § 948.06(2)(g), (2006). Because this will mean that Pupo-Diaz's

Stapler v. State

939 So. 2d 1092, 2006 WL 2570848

District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 1237566

Cited 2 times | Published

which would have otherwise ended the next day. See § 948.06(1)(d), Fla. Stat. (2005) (stating that upon filing

Broughton v. State

929 So. 2d 1130, 2006 WL 1473730

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 1727001

Cited 2 times | Published

it might have originally imposed upon him. See § 948.06(1); Poore, 531 So.2d at 164. Affirmed. SALCINES

Eddie v. State

933 So. 2d 570, 2006 WL 1374016

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 1308801

Cited 2 times | Published

of the charge, following the procedures of section 948.06, Florida Statutes (1993). Clark v. State, 579

Carrier v. State

925 So. 2d 386, 2006 WL 708666

District Court of Appeal of Florida | Filed: Mar 22, 2006 | Docket: 1516985

Cited 2 times | Published

community control." Cregan, 908 So.2d at 391; see § 948.06(3), Fla. Stat. (2003). "This prohibition applies

Ruiz v. State

908 So. 2d 508, 2005 WL 1412102

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 1724870

Cited 2 times | Published

"verified" document is not the legal equivalent of a section 948.06(1) "affidavit," because, although it is an

Bonner v. State

866 So. 2d 163, 2004 WL 314484

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1273944

Cited 2 times | Published

Florida Rule of Criminal Procedure 3.790(b) and section 948.06(1), Florida Statutes[1] contemplate that a

McCarthy v. Jenne

861 So. 2d 99, 2003 WL 22956390

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 108226

Cited 2 times | Published

is not a guaranteed constitutional right. See § 948.06(1), Fla. Stat. (2002) (stating that if the probationer

Hannah v. State

814 So. 2d 1129, 2002 WL 506861

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 805014

Cited 2 times | Published

may "revoke, modify, or continue the probation." § 948.06(1), Fla. Stat. (2000). Griffin merely reaffirms

Langbaum v. State

799 So. 2d 391, 2001 WL 1416976

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 1278144

Cited 2 times | Published

repealed the provision and replaced it with section 948.06, which now merely provides that upon an arrest

Trent v. State

770 So. 2d 1272, 2000 WL 1700940

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1778854

Cited 2 times | Published

placing Appellant on probation. See Fla. Stat. § 948.06(1)(1999). The sentence may not, when combined

Diaz v. State

737 So. 2d 1203, 1999 WL 518823

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 2574877

Cited 2 times | Published

by counsel, or both." This rule is based on section 948.06(1) and (4), Florida Statutes, which contains

Jett v. State

722 So. 2d 211, 1998 WL 316558

District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 1241632

Cited 2 times | Published

or modification of the probation pursuant to Section 948.06, F.S. Carroll v. Cochran, 140 So.2d 300,

Martin v. State

691 So. 2d 1204, 1997 WL 194744

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1423424

Cited 2 times | Published

charged and proven pursuant to the procedures in section 948.06, Florida Statutes (1995). Clark v. State, 579

Tribue v. State

682 So. 2d 196, 1996 WL 604495

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 1276142

Cited 2 times | Published

Florida, was codified at section 948.06(6), Florida Statutes (Supp. 1990). Section 948.06(6) gives the trial

Schotsch v. State

670 So. 2d 127, 1996 WL 106379

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1246081

Cited 2 times | Published

subsequent violation of probation proceeding. See § 948.06(4), Fla.Stat. (1993); Massie v. State, 635 So

Soca v. State

656 So. 2d 536, 1995 WL 335713

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1683811

Cited 2 times | Published

authorizes a warrantless arrest of a probationer (section 948.06) also supports a warrantless search of a probationer

Darden v. State

641 So. 2d 431, 1994 WL 397609

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 2539163

Cited 2 times | Published

subject a youthful offender to the provisions of section 948.06(1), Florida Statutes, beyond the six-year cap

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

case to prevent an unfair result. I analyze section 948.06, Florida Statutes (1993) in order to attempt

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

denied, 519 So.2d 988 (Fla. 1987). Additionally, section 948.06(1), Fla. Stat. (1991) authorizes a trial court

Bradley v. State

616 So. 2d 1156, 1993 Fla. App. LEXIS 4227, 18 Fla. L. Weekly Fed. D 1016

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1726683

Cited 2 times | Published

was revoked was extended to the trial court. Section 948.06(6), Fla. Stat. (1989).[4] Effective September

Cason v. State

604 So. 2d 928, 1992 WL 222169

District Court of Appeal of Florida | Filed: Sep 15, 1992 | Docket: 1289802

Cited 2 times | Published

trying this alleged violation is provided for in section 948.06, Florida Statutes (1991), rather than by indirect

Russo v. State

603 So. 2d 1353, 1992 WL 193993

District Court of Appeal of Florida | Filed: Aug 17, 1992 | Docket: 1475671

Cited 2 times | Published

community control without notice and hearing. Section 948.06, Florida Statutes (1987), provides the sole

Rodriguez v. State

464 So. 2d 638, 10 Fla. L. Weekly 562

District Court of Appeal of Florida | Filed: Mar 5, 1985 | Docket: 2576123

Cited 2 times | Published

originally found guilty and placed on probation. § 948.06(1), Fla. Stat. (1984) ("If probation ... is revoked

Rodriguez v. State

464 So. 2d 638, 10 Fla. L. Weekly 562

District Court of Appeal of Florida | Filed: Mar 5, 1985 | Docket: 2576123

Cited 2 times | Published

originally found guilty and placed on probation. § 948.06(1), Fla. Stat. (1984) ("If probation ... is revoked

Hart v. State

463 So. 2d 491, 10 Fla. L. Weekly 372

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 1157039

Cited 2 times | Published

contention that the sentence was excessive. Section 948.06, Florida Statutes (1983), provides that upon

Moore v. State

463 So. 2d 406, 10 Fla. L. Weekly 302

District Court of Appeal of Florida | Filed: Jan 29, 1985 | Docket: 448899

Cited 2 times | Published

to the provisions of section 948.06(1), Florida Statutes (1983). Section 948.06(1) deals with violations

Ivey v. State

327 So. 2d 219

Supreme Court of Florida | Filed: Feb 11, 1976 | Docket: 1655025

Cited 2 times | Published

jail sentence imposed. The District Court held Section 948.06(2), Florida Statutes (1973), to be controlling

Reynolds v. State

293 So. 2d 743

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

Cited 2 times | Published

particularly in Hutchins is inconsistent with Section 948.06(1)[2] which provides that upon a violation

Crossin v. State

244 So. 2d 142

District Court of Appeal of Florida | Filed: Feb 17, 1971 | Docket: 1531005

Cited 2 times | Published

under which suspension of sentence was granted. Section 948.06(1) simply provides for an informal hearing

State v. Rincon

273 So. 3d 1101

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034036

Cited 1 times | Published

neglected to abide by the procedural imperatives of section 948.06(8) of the Florida Statutes. We agree, reverse

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

sentence which it might have originally imposed, see § 948.06(2)(e), including imposing consecutive sentences

Hodges v. State

262 So. 3d 842

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702066

Cited 1 times | Published

2016), in which the Fourth District explained: Section 948.06(1)(f) is clear that a warrant under section

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

revoke, modify, or continue community control. See § 948.06(1). This decision is, itself, a separate process

State of Florida v. Flem Williams

260 So. 3d 472

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346648

Cited 1 times | Published

probationary period pursuant to the version of section 948.06, Florida Statutes in effect at the time of

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

awarded on the above case/count forfeited under section 948.06(7), Florida Statutes. ___ The Court allows

ADAN ESPINOZA-BRITO v. STATE OF FLORIDA

246 So. 3d 522

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6525133

Cited 1 times | Published

entered a new, superfluous judgment. Pursuant to section 948.06(2)(e), Florida Statutes (2016), "If .

Oscar Glenn v. State of Florida

219 So. 3d 1010, 2017 WL 2492046, 2017 Fla. App. LEXIS 8549

District Court of Appeal of Florida | Filed: Jun 9, 2017 | Docket: 6071337

Cited 1 times | Published

"that he poses a danger to the community under section 948.06(8)(e), Florida Statutes. The trial court orally

Eustache v. State

199 So. 3d 484, 2016 Fla. App. LEXIS 13209, 2016 WL 4540552

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 60256611

Cited 1 times | Published

06.” § 958.14, Fla. Stat. (2005).1 In turn, section 948.06 provides, in part: If probation or 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

which is a more intensive form of supervision. § 948.06(2)(a) & (e), Fla. Stat. (2015). “Trial courts

Butler v. State

195 So. 3d 1147, 2016 Fla. App. LEXIS 9540, 2016 WL 3421558

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081291

Cited 1 times | Published

previously been adjudged guilty.” See § 948.06(2)(e), Fla. Stat. (2010) (emphasis added). Thus

State of Florida v. Walford Folkes

190 So. 3d 118, 2015 Fla. App. LEXIS 13799

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808043

Cited 1 times | Published

686, 689-90 (Fla. 5th DCA 2003) (citing -, section 948.06(1), Florida Statutes, which speaks in terms

Hennig v. William G. Prummel, Jr., Sheriff of Charlotte County

198 So. 3d 17, 2015 Fla. App. LEXIS 11191, 2015 WL 4497724

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 2679090

Cited 1 times | Published

or modification of the probation pursuant to Section 948.06, F.S.” Carroll v. Cochran, 140 So

Kimberly Ann Miles v. Daniel Weingrad, M.D.

164 So. 3d 1208, 40 Fla. L. Weekly Supp. 279, 2015 Fla. LEXIS 1121, 2015 WL 2401261

Supreme Court of Florida | Filed: May 21, 2015 | Docket: 2658770

Cited 1 times | Published

efforts legally to acquire the resources to do so.’ § 948.06(5), Fla. Stat. (2004)”). Del Valle v. State, 994

Willis v. State

141 So. 3d 611, 2014 WL 2197627, 2014 Fla. App. LEXIS 8091

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241964

Cited 1 times | Published

672, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), and § 948.06(4), Fla. Stat. (1985)). At appellant’s revocation

State v. Countryman

132 So. 3d 922, 2014 WL 594358, 2014 Fla. App. LEXIS 2093

District Court of Appeal of Florida | Filed: Feb 17, 2014 | Docket: 60238584

Cited 1 times | Published

based on the clear and unambiguous language of section 948.06(2)(b) & (e), Florida Statutes (2012). Unlike

Jeffers v. State

106 So. 3d 37, 2013 Fla. App. LEXIS 1547, 2013 WL 376054

District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228188

Cited 1 times | Published

his probation. After a hearing pursuant to section 948.06(8)(d), Florida Statutes (2010), the court designated

State v. Martinez

103 So. 3d 1013, 2012 Fla. App. LEXIS 21989, 2012 WL 6682018

District Court of Appeal of Florida | Filed: Dec 26, 2012 | Docket: 60226838

Cited 1 times | Published

qualifying offense under the Anti-Murder Act, § 948.06(8)(c)3., Fla. Stat. (2009),1 and he was also found

Jones v. State

96 So. 3d 1122, 2012 WL 3870400, 2012 Fla. App. LEXIS 14989

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60311447

Cited 1 times | Published

to delete the twelve points assessed under section 948.06(8), Florida Statutes (2011). The trial court

Chadwick v. State

118 So. 3d 827, 2012 Fla. App. LEXIS 14132, 2012 WL 3629039

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60233434

Cited 1 times | Published

until the court enters a ruling on the violation. § 948.06(1)®, Fla. Stat. (2011). A prior version of this

State v. LaFave

113 So. 3d 31, 2012 WL 3326347, 2012 Fla. App. LEXIS 13573

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60231532

Cited 1 times | Published

a previously imposed probation pursuant to section 948.06. These are not our facts. Moreover, LaFave

T.L.H. v. State

93 So. 3d 396, 2012 WL 2470130, 2012 Fla. App. LEXIS 10587

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310569

Cited 1 times | Published

provisions governing adult probation, especially section 948.06(l)(d), Florida Statutes (2009), there is no

T.L.H. v. State

93 So. 3d 396, 2012 WL 2470130, 2012 Fla. App. LEXIS 10587

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310569

Cited 1 times | Published

provisions governing adult probation, especially section 948.06(l)(d), Florida Statutes (2009), there is no

J.H. v. State

71 So. 3d 202, 2011 Fla. App. LEXIS 15427

District Court of Appeal of Florida | Filed: Sep 30, 2011 | Docket: 60302919

Cited 1 times | Published

determination that the probationer violated probation. § 948.06, Fla. Stat. (2010); Burkhart v. State, 974 So

Cubero v. State

65 So. 3d 642, 2011 Fla. App. LEXIS 11606, 2011 WL 3112065

District Court of Appeal of Florida | Filed: Jul 27, 2011 | Docket: 60301762

Cited 1 times | Published

filing of the second affidavit of violation. See § 948.06(l)(d), Fla. Stat. (2009). This second modification

Butler v. State

93 So. 3d 328, 2011 WL 8183044

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60310543

Cited 1 times | Published

underlying offense upon revocation of probation, § 948.06(1), Fla. Stat. (2002), there is still only one

K.L.T. v. State

65 So. 3d 102, 2011 Fla. App. LEXIS 9881, 2011 WL 2493700

District Court of Appeal of Florida | Filed: Jun 24, 2011 | Docket: 60301607

Cited 1 times | Published

probation, unlike in adult cases. See Fla. Stat. § 948.06(d)(2009). This, coupled with Florida Juvenile

Lindsay v. State

54 So. 3d 638, 2011 Fla. App. LEXIS 2519, 2011 WL 680410

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 1132114

Cited 1 times | Published

his probation or to adjudicate him guilty. See § 948.06(2)(e), Fla. Stat. (2009) ("If such probation or

Franklin v. State

54 So. 3d 622, 2011 Fla. App. LEXIS 2214, 36 Fla. L. Weekly Fed. D 397

District Court of Appeal of Florida | Filed: Feb 22, 2011 | Docket: 60298355

Cited 1 times | Published

he absconded from supervision. Rather, under section 948.06(1), Florida Statutes (2002), “[u]pon the filing

In Re CN

51 So. 3d 1224, 2011 WL 116872

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 2406658

Cited 1 times | Published

form of additional punishment for the offender. § 948.06, Fla. Stat. (2008). In contrast, the purposes

V.M.S. v. State

43 So. 3d 938, 2010 Fla. App. LEXIS 13629

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 60295523

Cited 1 times | Published

sentence.” Id. at 1063-64. The court pointed to section 948.06, Florida Statutes (1987), which “ ‘provides

Ferrera v. State

39 So. 3d 1281, 2010 Fla. App. LEXIS 10801, 2010 WL 2867100

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1656380

Cited 1 times | Published

willful and substantial violation of probation. § 948.06(2)(e), Fla. Stat. (2007); Woods v. State, 879

Palmer v. State

37 So. 3d 977, 2010 Fla. App. LEXIS 9110, 2010 WL 2509465

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1417336

Cited 1 times | Published

court's application of the 2001 amendment to section 948.06(1), Florida Statutes was retroactive in violation

Hubard v. State

17 So. 3d 1274, 2009 Fla. App. LEXIS 14256, 2009 WL 3049002

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1140567

Cited 1 times | Published

prostitution-related counts as additional offenses. See § 948.06(1), Fla. Stat. (2001) ("If probation... is revoked

Collier v. State

16 So. 3d 340, 2009 Fla. App. LEXIS 13751, 2009 WL 2951917

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 966364

Cited 1 times | Published

affidavit of violation of probation was filed. Section 948.06(1)(d), Fla. Stat. (2007) provides in pertinent

Herrera v. State

16 So. 3d 902, 2009 Fla. App. LEXIS 10356, 2009 WL 2243860

District Court of Appeal of Florida | Filed: Jul 29, 2009 | Docket: 366627

Cited 1 times | Published

a sentence of incarceration. Specifically, section 948.06(2) provides that no part of the time a defendant

J.D.D. v. State

12 So. 3d 820, 2009 Fla. App. LEXIS 6965, 2009 WL 1425216

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 60233833

Cited 1 times | Published

determining the probationee violated probation. See § 948.06, Fla. Stat. (2007); see also Burkhart v. State

Finney v. State

9 So. 3d 741, 2009 Fla. App. LEXIS 3514, 2009 WL 1097927

District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 60309077

Cited 1 times | Published

2d at 629. As the court acknowledged in Tur, section 948.06(1), Florida Statutes (1999), limits a court’s

State v. Kern

996 So. 2d 263, 2008 WL 5352934

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 130478

Cited 1 times | Published

to discharge Mr. Kern from his probation. See § 948.06(2)(d), Fla. Stat. (2006); State v. Harrison, 589

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

awarded on the above case/count forfeited under section 948.06(6). ____ The Court allows unforfeited gain

Walton v. State

989 So. 2d 729, 2008 WL 4057659

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 264273

Cited 1 times | Published

prison sentence imposed following revocation. § 948.06(3), Fla. Stat. (providing: "No part of the time

NORTHCOTT v. State

979 So. 2d 406, 2008 WL 1838335

District Court of Appeal of Florida | Filed: Apr 22, 2008 | Docket: 747941

Cited 1 times | Published

Beach, for Appellee. PER CURIAM. AFFIRMED. See § 948.06(1), Fla. Stat. (1998). PLEUS, ORFINGER and EVANDER

In Re Amendments to Cr. Pro.-Rule 3.704 and 3.992

957 So. 2d 1160, 2007 WL 1147076

Supreme Court of Florida | Filed: Apr 19, 2007 | Docket: 1678930

Cited 1 times | Published

felony offender of special concern as defined in section 948.06, Florida Statutes (2006). Specifically, twelve

TM v. Dobuler

959 So. 2d 279, 2007 WL 397423

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 42771

Cited 1 times | Published

trying the alleged violation was provided for in section 948.06, Florida Statutes (1991) [violation of probation

Hill v. State

927 So. 2d 1047, 2006 WL 1235916

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1765707

Cited 1 times | Published

779 So.2d 282, 283 (Fla. 2d DCA 1998); see also § 948.06(2)(b), Fla. Stat. (2004) (providing, upon revocation

Acres v. State

925 So. 2d 435, 2006 WL 889163

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 133178

Cited 1 times | Published

827.03(1) and (3)(c), Fla. Stat. (2005). [2] § 948.06(2)(e), Fla. Stat. (2005); Poore v. State, 531

Mikell v. State

903 So. 2d 1054, 2005 WL 1457737

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 1257839

Cited 1 times | Published

probation following violation as authorized by section 948.06(1), Florida Statutes (2002). Attached to the

Sampson v. State

903 So. 2d 1055, 2005 WL 1457681

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 1257883

Cited 1 times | Published

declare the error to be fundamental. NOTES [1] See § 948.06(1), Fla. Stat. (2002). [2] In an unsuccessful

Perez v. State

884 So. 2d 306, 2004 WL 1856840

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1683000

Cited 1 times | Published

probation by extending it for one year. Pursuant to section 948.06, Florida Statutes (2000), the trial court may

Drymon v. State

878 So. 2d 438, 2004 WL 1562549

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 760725

Cited 1 times | Published

Tillman v. State, 693 So.2d 626 (Fla. 2d DCA 1997); § 948.06(6), Fla. Stat. (1997). Respondent has not shown

Ward v. State

865 So. 2d 669, 2004 WL 330876

District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1231151

Cited 1 times | Published

sentences thereunder. My first reason is based on section 948.06(1),[1] authoritatively construed in Poore v

Lopez v. State

832 So. 2d 934, 2002 WL 31870380

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1143432

Cited 1 times | Published

probationary term. The defendant is incorrect. See § 948.06(1), Fla. Stat. (1999); Troncoso v. State, 825

Windom v. State

835 So. 2d 1174, 2002 WL 31840846

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 1643081

Cited 1 times | Published

youthful offender to the general provisions of section 948.06(1) beyond the normal six-year cap for such

Shiflett v. State

779 So. 2d 461, 2000 WL 1580432

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 439654

Cited 1 times | Published

accused an opportunity to be fully heard. See § 948.06, Fla. Stat. (1999). The court may sentence the

Sims v. State

688 So. 2d 337, 1996 WL 691405

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1508318

Cited 1 times | Published

originally served on probation is not credited. § 948.06(2), Fla.Stat. (1995); Waters v. State, 662 So

Sims v. State

688 So. 2d 337, 1996 WL 691405

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1508318

Cited 1 times | Published

originally served on probation is not credited. § 948.06(2), Fla.Stat. (1995); Waters v. State, 662 So

Francois v. State

676 So. 2d 1041, 1996 WL 365788

District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 1318197

Cited 1 times | Published

probation and impose any sentence allowed by law. § 948.06(1), Fla. Stat. Prior to the decision of Summers

Roff v. State

644 So. 2d 166, 1994 WL 583748

District Court of Appeal of Florida | Filed: Oct 26, 1994 | Docket: 1248922

Cited 1 times | Published

(Fla. 4th DCA 1992), have been superseded by section 948.06(6), Florida Statutes (1989). Chapter 89-531

Gilbert v. State

629 So. 2d 303, 1993 WL 533790

District Court of Appeal of Florida | Filed: Dec 22, 1993 | Docket: 1677490

Cited 1 times | Published

was committed before the effective date of section 948.06(6), Florida Statutes (Supp. 1990), which was

Anderson v. State

624 So. 2d 362, 1993 WL 366880

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 407852

Cited 1 times | Published

imposed before placing Anderson on probation. § 948.06, Fla. Stat. (1991). Probation cannot be revoked

Jackson v. State

619 So. 2d 431, 1993 WL 186584

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 1214742

Cited 1 times | Published

that the legislature's subsequent amendment to section 948.06, Florida Statutes (Supp. 1990), gave the trial

Snead v. State

598 So. 2d 316, 1992 WL 106957

District Court of Appeal of Florida | Filed: May 22, 1992 | Docket: 1472687

Cited 1 times | Published

So.2d at 164. This is consistent *318 with section 948.06(1), Florida Statutes (1989) which provides:

Green v. State

450 So. 2d 509

District Court of Appeal of Florida | Filed: Jan 17, 1984 | Docket: 1729065

Cited 1 times | Published

Delaney v. State, 190 So.2d 578 (Fla. 1966); Section 948.06(1), Florida Statutes (1981), and although the

Smith v. State

377 So. 2d 250

District Court of Appeal of Florida | Filed: Dec 4, 1979 | Docket: 1521673

Cited 1 times | Published

donate one hundred hours to the Salvation Army. Section 948.06, Florida Statutes (1977) is the only authority

Baker v. State

319 So. 2d 628, 1975 Fla. App. LEXIS 15357

District Court of Appeal of Florida | Filed: Sep 10, 1975 | Docket: 64549428

Cited 1 times | Published

Probation is a matter of grace, not right. Section 948.06(1), Florida Statutes, provides that the trial

Bowen v. State

229 So. 2d 272, 1969 Fla. App. LEXIS 6469

District Court of Appeal of Florida | Filed: Nov 19, 1969 | Docket: 64512446

Cited 1 times | Published

under which suspension of sentence was granted. Section 948.06(1) simply provides for an informal hearing

Garmany v. State of Florida

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962784

Published

probation revoked and replaced with a prison sentence. § 948.06(2)(f)1., Fla. Stat. Ty Christopher Garmany argues

Fernard George Ramcald, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70739440

Published

determining that a violation had occurred. See § 948.06(2)(e), Fla. Stat. The trial court acted arbitrarily

Aribu v. State of Florida

District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70689371

Published

sentence him up to the statutory maximum. See § 948.06(8)(e)(2)(a), Fla. Stat. (2022). But in making

Parson v. State of Florida

District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690157

Published

probation, in the event of noncompliance. See § 948.06(2), Fla. Stat. (permitting a court to revoke,

Abelado Cervantes v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69898824

Published

based on one or more of the factors listed in section 948.06(8)(e)(1)(a)-(e), Fla. Stat. (2024)); Rowan

Amazulu Transport, Inc., and Peter Stuart Welch, Jr. v. Gary Dinkins

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737438

Published

legislature does it all the time. See, e.g., § 948.06(8)(e)1., Fla. Stat. (2024) (“If the court, after

The State of Florida v. Antwan McKinney

District Court of Appeal of Florida | Filed: Mar 12, 2025 | Docket: 69728620

Published

poses a danger to the community is mandated by section 948.06(8), Florida Statutes, a provision originally

Christopher Van Hatcher v. the State of Florida

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674162

Published

for the conduct constituting the violation.”); § 948.06(2)(b), Fla. Stat. Here, the record establishes

Earnest Hill v. State of Florida

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674145

Published

before placing the probationer on probation.” § 948.06(2)(b), Fla. Stat. But because the State did not

Glaubius v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2025 | Docket: 69514564

Published

felony offender of special concern" under section 948.06(8)(c), Florida Statutes (2021). Although we

Watson v. State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2024 | Docket: 69485908

Published

not qualify for sentencing pursuant to section 948.06(2)(f) because that provision of the law

Walter Morris Hart v. State of Florida

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69420033

Published

offender of special concern (“VFOSC”) under section 948.06(8)(e), Florida Statutes (2022). Appellant filed

Kelly v. State of Florida

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419278

Published

Kelly, pro se. PER CURIAM. Affirmed. See § 948.06(3), Fla. Stat. (2003) ("No part of the time

Lloyd K Norman v. State of Florida

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419587

Published

posed a danger to the community, as required by section 948.06(8)(e), Florida Statutes, but rejecting the

Mikel Shawn King v. State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378567

Published

poses a danger to the community, as required by section 948.06(8)(e), Florida Statutes (2023).

Allan J. Radi v. State of Florida

District Court of Appeal of Florida | Filed: Oct 8, 2024 | Docket: 69234599

Published

modify or continue Appellant’s probation under section 948.06(2)(f), Florida Statutes (2023). Contrary to

ANTONIOUS WHITE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2024 | Docket: 69042410

Published

paperwork reflects a redundant adjudication. See § 948.06(2)(e), Fla. Stat. (2021) (“If such probation

Marc Booker v. State of Florida

District Court of Appeal of Florida | Filed: Aug 30, 2024 | Docket: 69116148

Published

violent offender of special concern pursuant to section 948.06(8)(e), Florida Statutes. Below, Appellant filed

Deymus Ramos Gonzalez v. The State of Florida

District Court of Appeal of Florida | Filed: Aug 28, 2024 | Docket: 69101634

Published

written statutory findings necessary under section 948.06(8)(e), Florida Statutes (2021). Gonzalez

Randall Mackenzie Brock v. State of Florida

District Court of Appeal of Florida | Filed: Aug 23, 2024 | Docket: 69074226

Published

Brock’s sentence of thirty-six months in prison. See § 948.06(8)(e), Fla. Stat. (2023); see also Barber v. State

Harris v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 68234669

Published

court after improperly revoking his probation. Section 948.06(2)(f)1., Florida Statutes, requires (except

JACKSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 69050029

Published

felony offender of special concern pursuant to section 948.06(8)(b)1,1 Florida Statutes (2020), and that

Leon Bernard Camel v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848308

Published

resentencing on the original offense.”); see also § 948.06(2)(b), Fla. Stat. (stating that if probation is

JEANNETTE NEALY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68836783

Published

probation and the issuance of a warrant thereon. See § 948.06(1)(g), Fla. Stat. (2019); Sepulveda v. State,

GLEN LORENZO LAWRENCE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 68430708

Published

may not have understood its discretion under section 948.06(2)(a) and (b), Florida Statutes (2023), to

Maxwell v. State of Florida

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

Published

VOP. The principal statute governing VOPs, section 948.06, Florida Statutes, does not refer to such a

Raymond Lillard, III v. State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313535

Published

poses a danger to the community as required by section 948.06(8)(e), Florida Statutes (2008). Lillard concedes

Juan Henriquez, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68132108

Published

to make the required written findings under section 948.06(8)(e), Florida Statutes (2018), that Defendant

Alejandro Borges v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149068

Published

when it failed to make a written finding under section 948.06(8)(e), Florida Statutes (2022), that he was

Powell v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68132269

Published

special concern poses a danger to the community. § 948.06(8)(e), Fla. Stat. Such findings are absent here

Powell v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68132269

Published

special concern poses a danger to the community. § 948.06(8)(e), Fla. Stat. Such findings are absent here

Juan Henriquez, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68132108

Published

(1) make the required written findings under section 948.06(8)(e), Florida Statutes (2018), that Defendant

HERMAN BLOUNT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67765046

Published

probation, first hold a hearing pursuant to section 948.06(8)(e), to determine and make written

JUSTIN AUGUST MEYER v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718510

Published

probation the jurisdiction to enforce its order. See § 948.06(1)(a), Fla. Stat. (2019) (“Whenever within the

DARRELL MORRIS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 65420656

Published

failed to make written findings, as required by section 948.06(8)(e), Florida Statutes (2022), as to whether

DARRELL MORRIS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 65420656

Published

statutory requirements under the VFOSC statute—section 948.06(8)(e)—by failing to make written findings as

KEENEY DIAZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 67482053

Published

substantial. We find this argument meritless. Section 948.06(2)(a), Florida Statutes, sets forth a trial

SHAYEON SWAIN v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270637

Published

without making the written findings required by section 948.06(8)(e), Florida Statutes (2022), which provides:

CHARLES W. RANDOLPH, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757264

Published

remains unchallenged and was not withdrawn. Section 948.06(2), Florida Statutes (2021), which guides VOP

JAVARIS DE'SHON ALLEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879541

Published

erred in entering the duplicative judgment. See § 948.06(2)(b), Fla. Stat. (2021) (“If probation … is revoked

John Michael Armstrong, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346487

Published

pleading to one. See Fla. R. Crim. P. 3.790(b)(1); § 948.06(2)(a), (c), (d), Fla. Stat. Moreover, the

Melody Michelle Bailey v. State of Florida

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64972323

Published

, 268 So. 3d 856, 859 (Fla. 1st DCA 2019). Section 948.06, Florida Statutes (2020), states in relevant

ANTOINE FREEMAN v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 20, 2022 | Docket: 63654665

Published

135, 137 (Fla. 1st DCA 2020) (“The statute [section 948.06(2)(f)1.c.] thus limits the probationers eligible

SHERRI LAVICTOIRE MARQUIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335822

Published

standard probation conditions. Id. Significantly, section 948.06, Florida Statutes (2020), which governs probation

THE STATE OF FLORIDA v. VENTURA GUTIERREZ

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008210

Published

violent felony offender of special concern. See § 948.06(8)(a), Fla. Stat. (2019) (providing: “For purposes

D.L., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858364

Published

curfew. The state’s argument lacks merit. Section 948.06(2)(f)1.c., Florida Statutes (2020), provides

MAURICE LINDSEY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627029

Published

compute and apply credit” for prior prison credit); § 948.06(2)(b), Fla. Stat. (upon violation of probation

STEVEN KENNETH KAISER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 11, 2021 | Docket: 60123701

Published

continuing his probation in accordance with section 948.06(2)(f)1.c., Florida Statutes (2019). We affirm

BARTON HILL v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073791

Published

regard to the guidelines.”) (citations omitted); § 948.06(1)(g), Fla. Stat. (“Upon the filing of an affidavit

CHRISTAL E. SCOFIELD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 21, 2021 | Docket: 59840438

Published

revoking her probation. Scofield relies on section 948.06(2)(b), Florida Statutes (2020): (b)

JERMAINE CLARINGTON v. State

District Court of Appeal of Florida | Filed: Jan 13, 2021 | Docket: 29102441

Published

is a fundamental due process right.”). 3 See § 948.06(2)(d), Fla. Stat. (2019) (“If such charge is not

RALPH JAIME GARCIA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726927

Published

sentencing provisions of the VFOSC statute. See § 948.06(8)(e)1., 2.a., Fla. Stat. (2011) (stating that

JERMAINE CLARINGTON v. State

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18707239

Published

hearing on an alleged violation of probation (see § 948.06(1)(e)2., Fla. Stat. (2019)). 10 Compare

LEON DENARD QUINN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 18, 2020 | Docket: 18642922

Published

basis for the probation revocation. • Section 948.06, Florida Statutes In his second issue,

Jeff Mitchell Bell Jr v. State of Florida

District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435269

Published

1st DCA Aug. 25, 2020) (holding that whether section 948.06(2) applies to a defendant who committed an

Ventura Brown v. State of Florida

District Court of Appeal of Florida | Filed: Sep 10, 2020 | Docket: 18425530

Published

1st DCA Aug. 25, 2020) (holding that whether section 948.06(2) applies to a defendant who committed an

TAVARIS JAMAL EVANS v. STATE OF FLORIDA

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

Published

de novo. Robinson, 205 So. 3d at 590. Section 948.06(8)(b), Florida Statutes (2018), defines a “violent

RASHAD MILANES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 3, 2020 | Docket: 17218381

Published

letter of a technical violation in the record. See § 948.06(1)(h), Fla. Stat. (2019). It is a matter of sheer

JONATHAN D. BORRERO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089282

Published

felony offender of special concern pursuant to section 948.06(8)(c), Florida Statutes (2017). After appellant

MICHELLE A HOLLINGSWORTH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033713

Published

sentence, the trial court found pursuant to section 948.06(8)(c)(15), Florida Statutes (2018), that she

ROBERT SANDERS MC CRAY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280848

Published

written VFOSC statutory findings necessary under section 948.06(8)(e), Florida Statutes (2014).

OCIE DEMITRIUS DAVIS, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928477

Published

Davis presented a danger to the community under section 948.06, Florida Statutes (2017), because the court

Dunn v. State

275 So. 3d 830

District Court of Appeal of Florida | Filed: Jul 12, 2019 | Docket: 64719907

Published

concern, would pose a danger to the community. See § 948.06(8)(e)1., Fla. Stat. (2018) ("If the court, after

Dunn v. State

275 So. 3d 830

District Court of Appeal of Florida | Filed: Jul 12, 2019 | Docket: 64719906

Published

concern, would pose a danger to the community. See § 948.06(8)(e)1., Fla. Stat. (2018) ("If the court, after

MICHAEL REED v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897431

Published

Felony Offender of Special Concern (“VFOSC”). § 948.06(8)(c), Fla. Stat. (2017). Accordingly, the trial

ROBERT SIMEONE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762829

Published

he was not charged with a felony listed in section 948.06(8)(c); he is a veteran receiving service-related

JOSE NEGRON GIL DE RUBIO v. STATE OF FLORIDA

272 So. 3d 811

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 15091689

Published

DCA 2011) (Altenbernd, J., concurring) (citing § 948.06(2)(e), Fla. Stat. (2010)), no specific authority

Osborne v. State

272 So. 3d 794

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64715380

Published

time during the probationary period. While section 948.06, Florida Statutes (2018), requires notice and

Osborne v. State

272 So. 3d 794

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64715379

Published

time during the probationary period. While section 948.06, Florida Statutes (2018), requires notice and

PETER THOMAS BYRA v. STATE OF FLORIDA

268 So. 3d 207

District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909085

Published

has previously been adjudged guilty. . . ." § 948.06(2)(b), Fla. Stat. (2017) (emphasis added). Here

Cobb v. State

266 So. 3d 1290

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64708608

Published

writ of certiorari is denied on the merits. See § 948.06(1)(f), Fla. Stat. (2014) ; Blackshear v. State

Larry C. Cobb v. State of Florida

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865378

Published

writ of certiorari is denied on the merits. See § 948.06(1)(f), Fla. Stat. (2014); Blackshear v. State

Cobb v. State

266 So. 3d 1290

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64708607

Published

writ of certiorari is denied on the merits. See § 948.06(1)(f), Fla. Stat. (2014) ; Blackshear v. State

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709241

Published

question in the affirmative, the court held that section 948.06(2)(b)"clearly provides for the imposition of

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709242

Published

question in the affirmative, the court held that section 948.06(2)(b)"clearly provides for the imposition of

Keene v. State

266 So. 3d 1264

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 64708572

Published

dismissed. The court relied on language in section 948.06(1)(f), Florida Statutes, stating that a probationary

Keene v. State

266 So. 3d 1264

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 64708573

Published

dismissed. The court relied on language in section 948.06(1)(f), Florida Statutes, stating that a probationary

TERRY MOORE v. STATE OF FLORIDA

268 So. 3d 792

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693179

Published

did not conduct a danger hearing pursuant to section 948.06(8), Florida Statutes (2009), or make any written

TERRY MOORE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14696351

Published

did not conduct a danger hearing pursuant to section 948.06(8), Florida Statutes (2009), or make any written

ANTONIO L. THOMPSON v. STATE OF FLORIDA

265 So. 3d 700

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572896

Published

to comply with the statutory requirements of section 948.06(8), Florida Statutes (2015). He further argues

Padilla-Padial v. State

263 So. 3d 249

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64702793

Published

posed a danger to the community pursuant to section 948.06(8)(e), Florida Statutes (2016). See Wells v

Padilla-Padial v. State

263 So. 3d 249

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64702794

Published

posed a danger to the community pursuant to section 948.06(8)(e), Florida Statutes (2016). See Wells v

GREGORY STICKNEY v. STATE OF FLORIDA

263 So. 3d 67

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485201

Published

failing to file written findings pursuant to section 948.06(8)(e)1., Florida Statutes (2017), to support

Hodges v. State

262 So. 3d 842

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702067

Published

2016), in which the Fourth District explained: Section 948.06(1)(f) is clear that a warrant under section

Curtis Wayne Hodges v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455146

Published

in which the Fourth District explained: Section 948.06(1)(f) is clear that a warrant under section

JOHN POWERS v. STATE OF FLORIDA

260 So. 3d 318

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338760

Published

case. Specifically, Appellant points out that section 948.06(1)(f), Florida Statutes, which provides for

ALONSO KAOSAYAN HERNANDEZ v. STATE OF FLORIDA

259 So. 3d 907

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 8158548

Published

applies to a person who is on probation. See § 948.06(8), Fla. Stat. (2012). We reject

Brown v. State

260 So. 3d 1101

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074516

Published

analogous to probation revocation procedures under section 948.06 of the Florida Statutes, we see no sound basis

State of Florida v. Flem Williams

District Court of Appeal of Florida | Filed: Oct 15, 2018 | Docket: 8030096

Published

probationary period pursuant to the version of section 948.06, Florida Statutes in effect at the time of

JOEL CANCHOLA v. STATE OF FLORIDA

255 So. 3d 442

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

Published

of subject matter jurisdiction, relying on section 948.06(1)(f), Florida Statutes (2015), and Mobley

Alfred James Scott v. State of Florida

253 So. 3d 125

District Court of Appeal of Florida | Filed: Aug 10, 2018 | Docket: 7638669

Published

material one, under the circumstances. See, e.g., § 948.06(1)(a), Fla. Stat. (2018) (requiring “reasonable

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

the above case/count forfeited under section 948.06(7), Florida Statutes. The Court allows

JIMEAL SMITH v. STATE OF FLORIDA

248 So. 3d 235

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862853

Published

violent offender of special concern pursuant to section 948.06(8)(b), Florida Statutes (2016). Thereafter

JIMEAL SMITH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354249

Published

violent offender of special concern pursuant to section 948.06(8)(b), Florida Statutes (2016). Thereafter

TEIAS PEATENLANE v. STATE OF FLORIDA

240 So. 3d 17

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333491

Published

to the community under the factors listed in section 948.06(8)(e)1., Florida Statutes (2012). On the

STATE OF FLORIDA v. DESTINEY LEE BEERY

244 So. 3d 339

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333477

Published

probationary period had been tolled pursuant to section 948.06(1)(f), Florida Statutes. The trial court agreed

Wetherington v. State

242 So. 3d 1061

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 64677937

Published

PER CURIAM. Affirmed. See § 948.06(8)(b)(1), (c)(3), Fla. Stat. (2015) ; Jeffers v. State, 106 So. 3d

TIMOTHY WETHERINGTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311494

Published

Judge. PER CURIAM. Affirmed. See § 948.06(8)(b)(1), (c)(3), Fla. Stat. (2015); Jeffers v

Sean Wells v. State

243 So. 3d 446

District Court of Appeal of Florida | Filed: Jan 22, 2018 | Docket: 6300785

Published

posed a danger to the community pursuant to section 948.06(8)(e), Florida Statutes (2016). On

Demetrius C. Cooper v. State

235 So. 3d 1034

District Court of Appeal of Florida | Filed: Jan 12, 2018 | Docket: 6262725

Published

violations are subject to the provisions of section 948.06, which provides, in relevant part: If

Junk v. State

230 So. 3d 984

District Court of Appeal of Florida | Filed: Nov 30, 2017 | Docket: 60283763

Published

eleven-month, thirty-day sentence on these facts. See § 948.06(2)(e), Fla. Stat. (2015) (allowing trial court

KATHERINE JANE SOUZA v. STATE OF FLORIDA

229 So. 3d 387

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171809

Published

challenges the facial constitutionality of Section 948.06(8)(e)2., Florida Statutes (2016), as violative

KATHERINE JANE SOUZA v. STATE OF FLORIDA

229 So. 3d 387

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171809

Published

challenges the facial constitutionality of Section 948.06(8)(e)2., Florida Statutes (2016), as violative

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

discretion to withhold adjudication of . guilt. See § 948.06(2)(b) & (e), Fla. Stat. (2014); State v. Countryman

Timothy Brown v. State

225 So. 3d 399, 2017 WL 3642020, 2017 Fla. App. LEXIS 12109

District Court of Appeal of Florida | Filed: Aug 25, 2017 | Docket: 6146712

Published

violent felony offender of special concern. “Section 948.06(8)(e)1, Florida Statutes, requires that a trial

KENNETH WHITTAKER v. STATE OF FLORIDA

223 So. 3d 270, 2017 WL 2858904, 2017 Fla. App. LEXIS 9641

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085988

Published

and make the necessary written findings under section 948.06(8)(e), Florida Statutes (2015); (2) strike

Simmons v. State

219 So. 3d 843, 2017 WL 1927736, 2017 Fla. App. LEXIS 6562

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 60266942

Published

court to conduct a “danger hearing” pursuant to section 948.06(8)(d), Florida Statutes (2016) because appellant

Milton Mobley v. State of Florida

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071390

Published

TOLLING A PROBATIONARY PERIOD PURSUANT TO SECTION 948.06(1)(f)? STEVENSON, GROSS and FORST, JJ., concur

Mobley v. State

192 So. 3d 622, 2016 WL 3011684, 2016 Fla. App. LEXIS 7968

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60255372

Published

OF TOLLING A PROBATIONARY PERIOD PURSUANT TO SECTION 948.06(1)(f)? STEVENSON, GROSS and FORST, JJ., concur

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

above case/count forfeited under section 948.06(7), Florida Statutes. . The Court allows

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

above case/count forfeited under section 948.06(7), Florida Statutes. . The Court allows

Williamson v. State

180 So. 3d 1224, 2015 Fla. App. LEXIS 19090, 2015 WL 9598283

District Court of Appeal of Florida | Filed: Dec 21, 2015 | Docket: 60252301

Published

probation, and the trial court, pursuant to section 948.06(8), Florida Statutes, designated him a violent

Brian Williamson v. State of Florida

District Court of Appeal of Florida | Filed: Nov 8, 2015 | Docket: 3011064

Published

probation, and the trial court, pursuant to section 948.06(8), Florida Statutes, designated him a violent

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

awarded on the above case/count forfeited under section 948.06(71, Florida Statutes. _ The Court allows

Miller v. State

177 So. 3d 95, 2015 Fla. App. LEXIS 15347, 2015 WL 6087195

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 2986200

Published

Miller was initially sentenced. See § 948.06(2)(b), (e), Fla. Stat. (2006); see also

State of Florida v. Jonathan Gomez

177 So. 3d 311, 2015 Fla. App. LEXIS 14924, 2015 WL 5837692

District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865046

Published

to make the required written findings under section 948.06(8), Florida Statutes (2013). The defendant

State of Florida v. Jonathan Gomez

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679187

Published

to make the required written findings under section 948.06(8), Florida Statutes (2013). We agree and reverse

Khan v. State

165 So. 3d 855, 2015 Fla. App. LEXIS 8917, 2015 WL 3631643

District Court of Appeal of Florida | Filed: Jun 12, 2015 | Docket: 60248245

Published

Appellant was a danger to the community under section 948.06(8)(e)2.a., Florida Statutes (2013). However

Yegge v. State

186 So. 3d 553, 2015 Fla. App. LEXIS 5441, 2015 WL 1650293

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2649586

Published

sentencing under the general violation statute, section 948.06, which states that on revocation of probation

Christopher Nelson v. State of Florida

148 So. 3d 173

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1421767

Published

was a condition of his probation. See § 948.06(3), Fla. Stat. (2010) (“No part of the time that

Jackson v. State

147 So. 3d 1076, 2014 Fla. App. LEXIS 14972, 2014 WL 4724567

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 60243068

Published

PER CURIAM. Affirmed. See § 948.06(2)(e), Fla. Stat. (2014) (providing that when a court revokes a defendant’s

Viera v. State

138 So. 3d 550, 2014 WL 1722328, 2014 Fla. App. LEXIS 6271

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240715

Published

PER CURIAM. Affirmed. See § 948.06(2)(e), Fla. Stat. (2011) (providing that when a court revokes a defendant’s

Potts v. State

133 So. 3d 602, 2014 WL 854103, 2014 Fla. App. LEXIS 3414

District Court of Appeal of Florida | Filed: Feb 28, 2014 | Docket: 60238838

Published

hearing regarding the added condition of probation. § 948.06, Fla. Stat. (2012); Clark v. State, 579 So.2d

Garcia-Medina v. State

135 So. 3d 1119, 2013 WL 5225351, 2013 Fla. App. LEXIS 14808

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60239405

Published

court did not follow the procedures required by section 948.06, Florida Statutes (2010), before it purported

T.J.J. v. State

121 So. 3d 635, 2013 WL 4821677, 2013 Fla. App. LEXIS 14457

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60234473

Published

71 So.3d 202, 204 (Fla. 5th DCA 2011) (citing § 948.06, Fla. Stat. (2010)). The state concedes this argument

Daniels v. State

114 So. 3d 1108, 2013 WL 2661710, 2013 Fla. App. LEXIS 9428

District Court of Appeal of Florida | Filed: Jun 14, 2013 | Docket: 60231757

Published

whether Daniels posed a danger to the community. See § 948.06(8)(d), Fla. Stat. (2009). The hearing was required

Johnson v. State

126 So. 3d 1129, 2012 WL 2012147, 2012 Fla. App. LEXIS 9012

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60236192

Published

and (2) whether the burden-shifting scheme of section 948.06(5), Florida Statutes (2011),[5] which places

Brooks v. State

114 So. 3d 965, 2012 WL 874547, 2012 Fla. App. LEXIS 4209

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 60232022

Published

Del Valle v. State, 80 So.3d 999 (Fla.2011). Section 948.06, Florida Statutes (2009), places the burden

Philemon v. State

82 So. 3d 200, 2012 Fla. App. LEXIS 4121, 2012 WL 832666

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306116

Published

to pay restitution and supervision costs. See § 948.06(5), Fla. Stat. (2010) (“In any hearing in which

In re Amendments to Florida Rule of Criminal Procedure 3.130

84 So. 3d 254, 37 Fla. L. Weekly Supp. 160, 2012 WL 739122, 2012 Fla. LEXIS 486

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60306687

Published

proposals are in response to recent amendments to section 948.06(l)(d), Florida Statutes (2010), see ch.2011-38

Siplen v. State

75 So. 3d 805, 2011 Fla. App. LEXIS 19201, 2011 WL 6003406

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60303938

Published

and identified as a third degree felony under section 948.06(1), Florida Statutes. Consecutive five-year

JH v. State

71 So. 3d 202, 2011 WL 4716330

District Court of Appeal of Florida | Filed: Sep 30, 2011 | Docket: 2357733

Published

determination that the probationer violated probation. § 948.06, Fla. Stat. (2010); Burkhart v. State, 974 So

Palmer v. State

67 So. 3d 1178, 2011 Fla. App. LEXIS 12957, 2011 WL 3586220

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2564357

Published

spent on community control is without merit. See § 948.06(3), Fla. Stat. (2003); State v. Cregan, 908 So

Johnson v. State

68 So. 3d 341, 2011 Fla. App. LEXIS 12737, 2011 WL 3558204

District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2552637

Published

testify regarding his ability to do so. While section 948.06(5), Florida Statutes (2007), provides that

Rentz v. State

64 So. 3d 755, 2011 Fla. App. LEXIS 10384, 2011 WL 2581768

District Court of Appeal of Florida | Filed: Jul 1, 2011 | Docket: 60301575

Published

*756impose non-prison sanctions pursuant to section 948.06(5), Florida Statutes (2010). REVERSED AND REMANDED

Washington v. State

82 So. 3d 828, 2011 WL 1261139

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 1934484

Published

reinstate probation as the defendant requested. See § 948.06(2)(a), Fla. Stat. (2009) (when a defendant admits

Washington v. State

82 So. 3d 828, 2011 Fla. App. LEXIS 4772

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60306266

Published

reinstate probation as the defendant requested. See § 948.06(2)(a), Fla. Stat. (2009) (when a defendant admits

Green v. State

57 So. 3d 252, 2011 Fla. App. LEXIS 3481, 2011 WL 890851

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60298978

Published

in accordance with the 1992-1994 version of section 948.06, Florida Statutes, was insufficient to toll

J.M. v. Gargett

53 So. 3d 1245, 2011 Fla. App. LEXIS 2267, 2011 WL 637296

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 60298052

Published

of an affidavit of violation of probation. See § 948.06(l)(d), Fla. Stat. (2010). It is not initiated

Lee v. State

54 So. 3d 573, 2011 Fla. App. LEXIS 1434, 2011 WL 362235

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298329

Published

So.2d at 273 (quoting § 948.06(1), Fla. Stat. (1995), now codified at § 948.06(2)(b), Fla. Stat. (2009))

Lambe v. State

53 So. 3d 1137, 2011 Fla. App. LEXIS 1053, 2011 WL 309425

District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 60298000

Published

placing the probationer or offender on probation.” § 948.06(2)(e), Fla. Stat. (1989). The departure must be

M.N. v. Department of Children & Family Services

51 So. 3d 1224

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 60297519

Published

form of additional punishment for the offender. § 948.06, Fla. Stat. (2008). In contrast, the purposes

Lee v. State

51 So. 3d 1182, 2010 Fla. App. LEXIS 19816, 2010 WL 5348731

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 2570525

Published

amendment to the "tolling" statute, Fla. Stat. § 948.06(1)(d), pursuant to which the trial court retained

Sweitzer v. State

46 So. 3d 1132, 2010 Fla. App. LEXIS 16528, 2010 WL 4273196

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60296131

Published

from being credited towards a prison sentence. § 948.06(3), Fla. Stat. (2008) (“No part of the time that

VMS v. State

43 So. 3d 938, 2010 WL 3564713

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 1927865

Published

sentence." Id. at 1063-64. The court pointed to section 948.06, Florida Statutes (1987), which "`provides

Crum v. State

42 So. 3d 964, 2010 Fla. App. LEXIS 13379, 2010 WL 3488796

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 2577736

Published

expired on December 18, 2007). We have construed § 948.06(1) to require filing of the papers and issuance

Scott v. State

36 So. 3d 800, 2010 WL 2160297

District Court of Appeal of Florida | Filed: May 25, 2010 | Docket: 377153

Published

Beach, for Appellee. PER CURIAM. AFFIRMED. See § 948.06(8), Fla. Stat. (2007); Fla. R.Crim. P. 3.790(b)(3)

Scott v. State

36 So. 3d 800, 2010 Fla. App. LEXIS 8046

District Court of Appeal of Florida | Filed: May 25, 2010 | Docket: 60294481

Published

PER CURIAM. AFFIRMED. See § 948.06(8), Fla. Stat. (2007); Fla. R.Crim. P. 3.790(b)(3). MONACO, C.J.

Velez v. State

25 So. 3d 1248, 2010 Fla. App. LEXIS 268, 2010 WL 173562

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 60287491

Published

the length of his sentence is without merit. See § 948.06(2)(e), Fla. Stat. (2008). The defendant’s remaining

Cox v. State

28 So. 3d 913, 2010 Fla. App. LEXIS 504

District Court of Appeal of Florida | Filed: Jan 19, 2010 | Docket: 60288836

Published

PER CURIAM. AFFIRMED. See § 948.06(2)(b), Fla. Stat. (2009). LAWSON, EVANDER and COHEN, JJ., concur

SANANTONIO v. State

17 So. 3d 857, 2009 WL 2762712

District Court of Appeal of Florida | Filed: Sep 2, 2009 | Docket: 1442604

Published

SHEPHERD, and CORTIÑAS, JJ. PER CURIAM. Affirmed. See § 948.06(5), Fla. Stat. (2007).

Sanantonio v. State

17 So. 3d 857, 2009 Fla. App. LEXIS 12804

District Court of Appeal of Florida | Filed: Sep 2, 2009 | Docket: 60249250

Published

PER CURIAM. Affirmed. See § 948.06(5), Fla. Stat. (2007).

Tatman v. State

32 So. 3d 73, 2009 Fla. App. LEXIS 10127, 2009 WL 2194510

District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 1662676

Published

964 So.2d at 171 (Orfinger, J., concurring). Section 948.06(1), Florida Statutes (1997), states in pertinent

Woodson v. State

9 So. 3d 716, 2009 Fla. App. LEXIS 3433, 2009 WL 1066286

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1410505

Published

974 So.2d 592, 593 (Fla. 2d DCA 2008). Under section 948.06(2)(a), Florida Statutes (2007), the trial court

Perez v. State

8 So. 3d 1152, 2009 Fla. App. LEXIS 2847, 2009 WL 873559

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 364702

Published

TORPY and EVANDER, JJ., concur. NOTES [1] Section 948.06(1)(a), Florida Statutes, authorizes any law

Sharrard v. State

998 So. 2d 1188, 2009 WL 18709

District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 1701701

Published

pointed out suggestions. The judge found that section 948.06, Florida Statutes, which provides that probation

Thompson v. State

994 So. 2d 468, 2008 WL 4791009

District Court of Appeal of Florida | Filed: Nov 5, 2008 | Docket: 1217936

Published

he could have received for the 1994 crimes. See § 948.06(2)(b), Fla. Stat. (2006). Thompson's appeal followed

Hill v. State

987 So. 2d 826, 2008 WL 3539967

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 1390969

Published

finding her insane was contrary to the intent of section 948.06, Florida Statutes (2001). In a written order

Brown v. McNeil

591 F. Supp. 2d 1245, 2008 U.S. Dist. LEXIS 39210, 2008 WL 2073910

District Court, M.D. Florida | Filed: May 14, 2008 | Docket: 2286502

Published

respect." (emphasis added). See also, Fla. Stat. § 948.06(1)(a) (requiring revocation of probation be supported

Northcott v. State

979 So. 2d 406, 2008 Fla. App. LEXIS 6225

District Court of Appeal of Florida | Filed: Apr 22, 2008 | Docket: 64854613

Published

PER CURIAM. AFFIRMED. See § 948.06(1), Fla. Stat. (1998). PLEUS, ORFINGER and EVANDER, JJ., concur.

Burton v. State

969 So. 2d 1184, 2007 Fla. App. LEXIS 19214, 2007 WL 4245540

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 64853358

Published

before the probationary term had expired. See § 948.06(1)(d) (filing of warrant alleging violation of

In re Amendments to Florida Rule of Criminal Procedure 3.790

959 So. 2d 1187, 32 Fla. L. Weekly Supp. 423, 2007 Fla. LEXIS 1192, 2007 WL 1932238

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 64851468

Published

related categories of offender, as set forth in section 948.06(8), Florida Statutes, the defendant shall be

Connor v. State

944 So. 2d 488, 2006 Fla. App. LEXIS 20577, 2006 WL 3524290

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 64848248

Published

probationer on probation.” § 948.06(2)(b), Fla. Stat. (2005); see also § 948.06(2)(e), Fla. Stat. (2005);

Weinstein v. State

935 So. 2d 565, 2006 Fla. App. LEXIS 11526, 2006 WL 1896309

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64846090

Published

or modification of the probation pursuant to Section 948.06, F.S. Therefore, if the revocation process

Billias v. State

924 So. 2d 917, 2006 Fla. App. LEXIS 4225, 2006 WL 733974

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 64843261

Published

These sentences were clearly erroneous. Under section 948.06(3), Florida Statutes (2003): When the court

Spencer v. State

922 So. 2d 282, 2006 Fla. App. LEXIS 1637, 2006 WL 304564

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 64842584

Published

or community control. Cregan, 908 So.2d at 390; § 948.06(3), Fla. Stat. (2003). Here, after adjudicating

Smith v. State

917 So. 2d 409, 2006 WL 26169

District Court of Appeal of Florida | Filed: Jan 6, 2006 | Docket: 2539081

Published

did not meet the "affidavit" requirement of section 948.06(1), Florida Statutes. Jackson v. State, 881

Rivera v. State

913 So. 2d 738, 2005 Fla. App. LEXIS 17193, 2005 WL 2863017

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64840779

Published

the days served while on community control. See § 948.06(3), Fla. Stat. (2004); State v. Cregan, 908 So

Owens v. State

911 So. 2d 181, 2005 Fla. App. LEXIS 14291, 2005 WL 2179788

District Court of Appeal of Florida | Filed: Sep 8, 2005 | Docket: 64840417

Published

incarcerated on an unrelated charge and absconded, § 948.06(1), Fla. Stat. (2001), an evidentiary hearing

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

1997, the legislature substantially amended section 948.06, Florida Statutes. See Ch. 97-299, § 13, at

Mabrey v. Florida Parole Commission

891 So. 2d 1164, 2005 Fla. App. LEXIS 658, 2005 WL 176486

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 64835667

Published

follows: Although a plain reading of the statute [section 948.06(5), Florida Statutes (2002)] appears to place

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

section 1, at 911, Laws of Florida, which amended section 948.06, Florida Statutes, to allow a term of probation

Carrigan v. State

873 So. 2d 605, 2004 WL 1175280

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1732960

Published

after a violation of probation derives from section 948.06(1), Florida Statutes, which provides in relevant

Johnson v. State

864 So. 2d 1256, 2004 Fla. App. LEXIS 779, 2004 WL 177059

District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 64827866

Published

enactment of the Criminal Punishment Code.1 Section 948.06(1), Florida Statutes (1997) states that if

Seitz v. State

867 So. 2d 421, 2004 Fla. App. LEXIS 175, 2004 WL 57378

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 64828599

Published

been set in motion. Seitz further argues that section 948.06, Florida Statutes requires that probation violations

State v. Brown

855 So. 2d 270, 2003 Fla. App. LEXIS 14901, 2003 WL 22259217

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64825271

Published

offender sentence upon the violation of probation. § 948.06(1), Fla. Stat., (2002); See Mearns v. State, 779

Rollman v. State

855 So. 2d 239, 2003 Fla. App. LEXIS 14536, 2003 WL 22213581

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 64825251

Published

placing the probationer ... on probation....” § 948.06(1), Fla. Stat. (1995). The court then is to grant

Langley v. State

839 So. 2d 826, 2003 Fla. App. LEXIS 2585, 2003 WL 728777

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 64821219

Published

the meaning of section 948.06.1 Summers, 642 So.2d at 744. Accordingly, section 948.06 does not apply

State v. Casner

825 So. 2d 993, 2002 Fla. App. LEXIS 9656, 27 Fla. L. Weekly Fed. D 1576

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 64817372

Published

modify, or continue it in the court’s discretion. § 948.06(1), Fla. Stat. (2001); Brown v. State, 455 So

Mosley v. State

820 So. 2d 395, 2002 Fla. App. LEXIS 7619, 2002 WL 1071921

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 64816220

Published

guilty twice of the same crime. Additionally, section 948.06(1), Florida Statutes, and Florida Rule of Criminal

Dirico v. State

806 So. 2d 581, 2002 Fla. App. LEXIS 746, 2002 WL 112964

District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 64812225

Published

failure to pay restitution and court costs. Section 948.06(5), Florida Statutes (2000), contemplates that

Crawford v. State

785 So. 2d 666, 2001 Fla. App. LEXIS 6173, 2001 WL 484559

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 64805466

Published

the court costs and restitution amount. *667See § 948.06(5), Fla. Stat. (2000); Word v. State, 533 So.2d

Martin v. Wilkin

784 So. 2d 526, 2001 Fla. App. LEXIS 5551, 2001 WL 417674

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 64805205

Published

Martin’s petition, it would still fail under section 948.06, Florida Statutes (1999). Even though Martin

Kinsler v. State

783 So. 2d 300, 2001 Fla. App. LEXIS 3492, 2001 WL 273864

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 64804963

Published

and revocation of said probation); *301and section 948.06(1), Fla.Stat. (2000) (“If such probation or

Powell v. State

774 So. 2d 869, 2000 Fla. App. LEXIS 17448, 2000 WL 1880145

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64802784

Published

the sentence. The general rule as provided in section 948.06(1), Florida Statutes, should apply: When a

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

awarded on the above case/count forfeited under section 948.06(6). _The Court allows unforfeited gain time

Laird v. State

762 So. 2d 541, 2000 Fla. App. LEXIS 6776, 2000 WL 707175

District Court of Appeal of Florida | Filed: Jun 2, 2000 | Docket: 64798687

Published

J. We affirm the order revoking probation. See § 948.06(5), Fla. Stat. (1997) (“if the *542probationer

Gomez v. State

755 So. 2d 196, 2000 Fla. App. LEXIS 4555, 2000 WL 390334

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 64796625

Published

1990), review denied, 576 So.2d 287 (Fla.1990); § 948.06(5), Fla. Stat. (1999).

Nelson v. State

753 So. 2d 673, 2000 Fla. App. LEXIS 2571, 2000 WL 263133

District Court of Appeal of Florida | Filed: Mar 10, 2000 | Docket: 64795945

Published

time previously served in prison, pursuant to section 948.06(7), Florida Statutes (1997), appellant would

Widmer v. State

747 So. 2d 409, 1999 Fla. App. LEXIS 15145, 1999 WL 1036519

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 64793282

Published

could not be forfeited until newly enacted Section 948.06(6), Florida Statutes, became effective on September

Blankenbaker v. State

744 So. 2d 573, 1999 Fla. App. LEXIS 15040, 1999 WL 1024028

District Court of Appeal of Florida | Filed: Nov 12, 1999 | Docket: 64792094

Published

for a violation of probation. Additionally, section 948.06(1), Florida Statutes (1997), provides that

Spencer v. State

739 So. 2d 1247, 1999 Fla. App. LEXIS 11037, 1999 WL 618188

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 64790510

Published

[Spencer] on probation or into community control.” § 948.06(1), Fla. Stat. (1997). Spencer undisputedly failed

Hill v. State

739 So. 2d 634, 1999 Fla. App. LEXIS 9118, 1999 WL 454515

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 64790280

Published

opinion to explain its rationale for doing so. Section 948.06(1), Fla. Stat. (1997), provides that a warrant

Hanna v. State

738 So. 2d 355, 1999 Fla. App. LEXIS 6438, 1999 WL 312284

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 64789752

Published

placing the probationer ... on probation.... ” § 948.06(1), Fla. Stat. (1997) (emphasis added). Upon violation

Carter v. State

710 So. 2d 695, 1998 Fla. App. LEXIS 4780, 1998 WL 210792

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 64780860

Published

the order of revocation must be reversed. See § 948.06, Fla. Stat. (1995); Carlyle v. State, 599 So.2d

Pressey v. State

710 So. 2d 688, 1998 Fla. App. LEXIS 4760, 1998 WL 204871

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 64780859

Published

(55) months Department of Corrections. 5. Fla. Stat. 948.06 alows a trial court to modify or continue

State v. Moore

702 So. 2d 604, 1997 WL 777944

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1513266

Published

absent valid reasons for downward departure; section 948.06(3) also gave trial court discretion to continue

State v. Hester

695 So. 2d 1315, 1997 Fla. App. LEXIS 7567, 1997 WL 362839

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 64774568

Published

state that the relief accorded Hester violated section 948.06(2), Florida Statutes (1995). That statute provides

Robinson v. State

694 So. 2d 882, 1997 Fla. App. LEXIS 6530, 1997 WL 314816

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 64774103

Published

the appellant is not entitled to such credit. § 948.06, Fla. Stat. (1993); Bruggeman v. State, 681 So

Baisch v. State

688 So. 2d 415, 1997 Fla. App. LEXIS 1025, 1997 WL 61019

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 64771235

Published

portion of his original sentence. See Fla. Stat. § 948.06 (1995); Sheppard v. State, 661 So.2d 386, 387

Speed v. State

686 So. 2d 748, 1997 Fla. App. LEXIS 102, 22 Fla. L. Weekly Fed. D 171

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 64770440

Published

otherwise available under Green, pursuant to section 948.06(6), Florida Statutes (1989) and section 944

Hunt v. State

685 So. 2d 964, 1996 Fla. App. LEXIS 13380, 1996 WL 734826

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 64770175

Published

defense counsel to seek review in this court. Section 948.06(3), Florida Statutes (1991), provides that

Storey v. State

684 So. 2d 888, 1996 Fla. App. LEXIS 13216, 1996 WL 728648

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769703

Published

Summers, 642 So.2d at 743 (emphasis ours). Section 948.06(2) provides that no part of probation or community

Bruggeman v. State

681 So. 2d 822, 1996 WL 582600

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 1722307

Published

credit is specifically prohibited by statute. Section 948.06(1), Florida Statutes (1991), provides that

Porter v. State

675 So. 2d 234, 1996 Fla. App. LEXIS 6418, 1996 WL 332339

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 64765267

Published

section 921.0017, Florida Statutes (1995), and section 948.06(6), Florida Statutes (1995), do not apply to

Davis v. State

680 So. 2d 527, 1996 Fla. App. LEXIS 6221, 1996 WL 316181

District Court of Appeal of Florida | Filed: Jun 13, 1996 | Docket: 64767871

Published

those offenders who violate probation. In fact, section 948.06(1), Florida Statutes (1991), provides that

Ago

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

Published

State, 651 So.2d 223 (Fla. 4th DCA 1995). 6 Section 948.06(1), Fla. Stat. (1995). 7 See, s. 948.034(1)(a)

Vaughn v. State

671 So. 2d 299, 1996 WL 170187

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1248359

Published

Meader v. State, 665 So.2d 344 (Fla. 4th DCA 1995); § 948.06(2), Fla.Stat. (1993). We affirm in part, reverse

Gardner v. State

670 So. 2d 1185, 1996 Fla. App. LEXIS 3364, 1996 WL 154224

District Court of Appeal of Florida | Filed: Apr 4, 1996 | Docket: 64763540

Published

with gain time against his subsequent sentence. § 948.06(6), Fla.Stat. (1989); see generally Tripp v. State

Turner v. State

670 So. 2d 1031, 1996 Fla. App. LEXIS 1761, 1996 WL 86773

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 64763466

Published

in which he complains that the operation of section 948.06(6), Florida Statutes (1989), deprives him of

Ronan v. State

666 So. 2d 205, 1995 Fla. App. LEXIS 13196, 1995 WL 755567

District Court of Appeal of Florida | Filed: Dec 22, 1995 | Docket: 64761310

Published

proceeding based on his financial inability to pay. See § 948.06(4), Fla.Stat. (1993); Massie, 635 So.2d at 111

Waters v. State

664 So. 2d 319, 1995 Fla. App. LEXIS 12635, 1995 WL 723553

District Court of Appeal of Florida | Filed: Dec 8, 1995 | Docket: 64760632

Published

previously served and to impose any legal sentence. § 948.06(1), Fla.Stat.; Eanes v. State, 662 So.2d 334 (Fla

Sheppard v. State

661 So. 2d 386, 1995 Fla. App. LEXIS 10652, 1995 WL 597437

District Court of Appeal of Florida | Filed: Oct 12, 1995 | Docket: 64759244

Published

DCA 1994). The state agrees the amendment to section 948.06, Florida Statutes, which permits forfeiture

State v. Lamar

659 So. 2d 262, 20 Fla. L. Weekly Supp. 431, 1995 Fla. LEXIS 1389

Supreme Court of Florida | Filed: Aug 24, 1995 | Docket: 64758290

Published

Justice Kogan's dissenting opinion reasoned that section 948.06, Florida Statutes (1987), requires that when

Eidson v. State

667 So. 2d 247, 1995 Fla. App. LEXIS 8847, 1995 WL 497015

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64761928

Published

earned.”); ch. 89-531, §§ 13, 19, Laws of Fla.; § 948.06(6), Fla.Stat. (1989). We thus remand for consistent

Curry v. State

659 So. 2d 462, 1995 Fla. App. LEXIS 8714, 1995 WL 490637

District Court of Appeal of Florida | Filed: Aug 18, 1995 | Docket: 64758366

Published

was the effective date of the amendment to section 948.06, Florida Statutes (1993) which allows forfeiture

Malone v. State

655 So. 2d 1324, 1995 Fla. App. LEXIS 6394, 1995 WL 353636

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 64756730

Published

adjudge the offender guilty of the offense charged. § 948.06(1), Fla.Stat. (1993). Accordingly, we affirm but

Clark v. State

656 So. 2d 252, 1995 Fla. App. LEXIS 6385, 1995 WL 353429

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 64757149

Published

credit for gain-time to be awarded to appellant. Section 948.06(6), Florida Statutes (1989), provides in pertinent

Behr v. State

650 So. 2d 1140, 1995 Fla. App. LEXIS 2571, 1995 WL 107058

District Court of Appeal of Florida | Filed: Mar 15, 1995 | Docket: 64754475

Published

Hewett v. State, 613 So.2d 1305, 1307 (Fla.1993); § 948.06(4), Fla.Stat. (1993). Accordingly we reverse the

Duby v. State

651 So. 2d 800, 1995 Fla. App. LEXIS 2296, 1995 WL 93827

District Court of Appeal of Florida | Filed: Mar 9, 1995 | Docket: 64754875

Published

prior to imposition of further sanctions. See § 948.06, Fla.Stat. (1991) (affording probationer an opportunity

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

before placing the probationer ... on probation-” § 948.06(1), Fla.Stat. (1989); see State v. Watts, 558

Bowens v. State

645 So. 2d 18, 1994 Fla. App. LEXIS 9384, 1994 WL 531282

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 64752139

Published

the defendant’s jail credit time. Generally, section 948.06(6), Florida Statutes (1991) gives the trial

Gant v. State

642 So. 2d 84, 1994 Fla. App. LEXIS 8640, 1994 WL 478539

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 64750632

Published

State v. Green has since been overruled by section 948.06(6), Florida Statutes (1989), Green continues

Glenn v. State

639 So. 2d 1036, 1994 Fla. App. LEXIS 6630, 1994 WL 321707

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 64749697

Published

forfeit gain time. Bradley, 631 So.2d at 1097; § 948.06(6), Florida Statutes. Appellant maintains that

Smith v. State

637 So. 2d 84, 1994 Fla. App. LEXIS 5088, 1994 WL 220677

District Court of Appeal of Florida | Filed: May 27, 1994 | Docket: 64748413

Published

resentencing on the second count was improper. § 948.06(1), Fla.Stat. (1991); Harris v. State, 495 So

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

youthful offender treatment, citing section 948.06(1)). Section 948.06(1), Florida Statutes (1991) expressly

Combest v. State

636 So. 2d 548, 1994 Fla. App. LEXIS 4173, 1994 WL 162843

District Court of Appeal of Florida | Filed: May 4, 1994 | Docket: 64748227

Published

PER CURIAM. Affirmed on authority of section 948.06(6), Florida Statutes (Supp.1990). GUNTHER, POLEN

Baker v. State

635 So. 2d 994, 1994 Fla. App. LEXIS 3551, 1994 WL 133531

District Court of Appeal of Florida | Filed: Apr 19, 1994 | Docket: 64747903

Published

While the legislature’s subsequent amendment to section 948.06, Florida Statutes, gave the trial court discretion

Waters v. State

633 So. 2d 1202, 1994 Fla. App. LEXIS 3041, 1994 WL 101080

District Court of Appeal of Florida | Filed: Mar 30, 1994 | Docket: 64747057

Published

PER CURIAM. AFFIRMED. § 948.06(1), Fla.Stat.' (1991). JOANOS and BARFIELD, JJ., and WENTWORTH, Senior

Brown v. State

632 So. 2d 699, 1994 Fla. App. LEXIS 1655, 1994 WL 59356

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 64746584

Published

925 (Fla.1989)). Prior to the enactment of section 948.06(6), Florida Statutes (1989), when a split sentence

Brown v. State

632 So. 2d 699, 1994 Fla. App. LEXIS 1655, 1994 WL 59356

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 64746584

Published

925 (Fla.1989)). Prior to the enactment of section 948.06(6), Florida Statutes (1989), when a split sentence

Tuck v. State

632 So. 2d 663, 1994 Fla. App. LEXIS 1228, 1994 WL 46917

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 64746570

Published

imposed with the addition of a one-cell bump-up. § 948.06, Fla.Stat. (1991); Fla. R.Crim.P. 3.701(d)14.

Burnett v. State

627 So. 2d 1355, 1993 Fla. App. LEXIS 13189, 1993 WL 540165

District Court of Appeal of Florida | Filed: Dec 30, 1993 | Docket: 64744735

Published

probation or offender into community control.” § 948.06(1), Fla.Stat. (1989). The court also has the option

Tindle v. State

627 So. 2d 1354, 1993 Fla. App. LEXIS 13186, 1993 WL 540161

District Court of Appeal of Florida | Filed: Dec 30, 1993 | Docket: 64744732

Published

(Fla.1993) and remanded for resentencing. See section 948.06(1), Florida Statutes (1989) and Rule 3.701(d)(14)

Tindle v. State

627 So. 2d 1354, 1993 Fla. App. LEXIS 13186, 1993 WL 540161

District Court of Appeal of Florida | Filed: Dec 30, 1993 | Docket: 64744732

Published

(Fla.1993) and remanded for resentencing. See section 948.06(1), Florida Statutes (1989) and Rule 3.701(d)(14)

Simms v. State

627 So. 2d 1189, 1993 Fla. App. LEXIS 11755, 1993 WL 482480

District Court of Appeal of Florida | Filed: Nov 24, 1993 | Docket: 64744638

Published

547 So.2d 925 (Fla.1989). We are aware that section 948.06(6), Florida Statutes (Supp.1990) was enacted

Ahrenholz v. State

627 So. 2d 55, 1993 Fla. App. LEXIS 11620, 1993 WL 477631

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 64744252

Published

condition of probation. Because the procedures of section 948.-06, Florida Statutes (1991), were not followed

Jenkins v. State

626 So. 2d 270, 1993 Fla. App. LEXIS 10970, 1993 WL 435888

District Court of Appeal of Florida | Filed: Oct 29, 1993 | Docket: 64743896

Published

credit for previous jail time actually served.. § 948.06(6), Fla.Stat. (1991). Affirmed in part, and remanded

Alvarez v. State

626 So. 2d 265, 1993 Fla. App. LEXIS 10660, 1993 WL 424203

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 64743893

Published

time due to the violation of probation under section 948.06(6), Florida Statutes (1989). The question then

Black v. State

623 So. 2d 641, 1993 Fla. App. LEXIS 9517, 1993 WL 365672

District Court of Appeal of Florida | Filed: Sep 21, 1993 | Docket: 64698493

Published

earned up to the date of his release on probation. § 948.06(6), Fla.Stat. (1989).

Gordon v. State

622 So. 2d 1024, 1993 Fla. App. LEXIS 7082, 1993 WL 242656

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64698231

Published

credited for time actually spent in jail citing section 948.06(6), Florida Statutes (Supp.1990). This argument

Carter v. State

616 So. 2d 199, 1993 Fla. App. LEXIS 4232, 1993 WL 114673

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695301

Published

resentenc-ing. FRANK, A.C.J., and BLUE, J., concur. . Section 948.06(6), Florida Statutes (1989) permits the trial

Stevenson v. State

614 So. 2d 10, 1993 Fla. App. LEXIS 1652, 1993 WL 32451

District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 64694392

Published

actual time served.” The state concedes that section 948.06(6), Florida Statutes (1989), is not applicable

Priest v. State

603 So. 2d 141, 1992 Fla. App. LEXIS 8949, 1992 WL 197865

District Court of Appeal of Florida | Filed: Aug 19, 1992 | Docket: 64669241

Published

spent on probation. We reject this contention. § 948.06(2), Fla. Stat. (1991) (no part of the time that

Williams v. State

602 So. 2d 643, 1992 Fla. App. LEXIS 7475, 1992 WL 157437

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64668999

Published

exist at the time of the initial sentencing. Section 948.06(1), Florida Statute (Supp. 1990), provides

Wilson v. State

592 So. 2d 1233, 1992 Fla. App. LEXIS 589, 1992 WL 13830

District Court of Appeal of Florida | Filed: Jan 31, 1992 | Docket: 64664858

Published

1991), the supreme court observed that, under section 948.06(1), Florida Statutes (1987), when sentencing

Steiner v. State

591 So. 2d 1070, 1991 WL 279434

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

Published

original probation was imposed. Williams relied on section 948.06(1), which provides that upon revocation, the

Hewett v. State

588 So. 2d 635, 1991 Fla. App. LEXIS 10291, 1991 WL 206838

District Court of Appeal of Florida | Filed: Oct 17, 1991 | Docket: 64662783

Published

probation following proper notice and hearing. Section 948.06, Florida Statutes, was amended in 1984 by the

Bennett v. State

584 So. 2d 206, 1991 Fla. App. LEXIS 8078, 1991 WL 158158

District Court of Appeal of Florida | Filed: Aug 16, 1991 | Docket: 64660869

Published

the charge in accordance with the procedures of § 948.06, Fla.Stat. Under Clark, absent proof of a violation

Daniels v. State

581 So. 2d 970, 1991 WL 105615

District Court of Appeal of Florida | Filed: Jun 20, 1991 | Docket: 1283894

Published

before placing the probationer on probation" (Section 948.06(1), Florida Statutes) and the prison sentence

Costello v. State

567 So. 2d 1032, 1990 Fla. App. LEXIS 7749, 1990 WL 149756

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653583

Published

burden on the state to establish it pursuant to section 948.06(4), Florida Statutes (1989) ], all the evidence

Costello v. State

567 So. 2d 1032, 1990 Fla. App. LEXIS 7749, 1990 WL 149756

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653583

Published

burden on the state to establish it pursuant to section 948.06(4), Florida Statutes (1989) ], all the evidence

Arnette v. State

566 So. 2d 1369, 1990 Fla. App. LEXIS 7131, 1990 WL 134767

District Court of Appeal of Florida | Filed: Sep 20, 1990 | Docket: 64653137

Published

be subject “to the provisions of section 948.06(1).” Section 948.06(1), Florida Statutes, was part of

Pimentel v. State

560 So. 2d 1387, 1990 Fla. App. LEXIS 3228, 1990 WL 60900

District Court of Appeal of Florida | Filed: May 11, 1990 | Docket: 64650378

Published

not charged by affida*1388vit and warrant. See § 948.06(1), Fla.Stat. (1987); Harris v. State, 495 So

Clark v. State

559 So. 2d 1272, 1990 Fla. App. LEXIS 2655, 1990 WL 48577

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 64649775

Published

hearing with the defendant present pursuant to section 948.06, Florida Statutes (1987). On November 10, 1986

Dover v. State

558 So. 2d 101, 1990 Fla. App. LEXIS 1284, 1990 WL 19940

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 64648757

Published

and Waiver” form in lieu of compliance with Section 948.06 Florida Statutes; (2) that the court erred

Drayton v. State

549 So. 2d 698, 14 Fla. L. Weekly 2013, 1989 Fla. App. LEXIS 4802, 1989 WL 99691

District Court of Appeal of Florida | Filed: Aug 30, 1989 | Docket: 64645254

Published

suspended portion of the original sentence. Section 948.06(1) would not apply in this latter instance

Ramey v. State

546 So. 2d 1156, 14 Fla. L. Weekly 1779, 1989 Fla. App. LEXIS 4240, 1989 WL 82149

District Court of Appeal of Florida | Filed: Jul 27, 1989 | Docket: 64643938

Published

penalty for third degree felonies. We disagree. Section 948.06(1), Florida Statutes (1987) authorizes the

Yepes v. Tobin

531 So. 2d 1067, 13 Fla. L. Weekly 2346, 1988 Fla. App. LEXIS 4591, 1988 WL 107028

District Court of Appeal of Florida | Filed: Oct 17, 1988 | Docket: 64637408

Published

refusing to exercise any discretion, violates section 948.06(1), Florida Statutes (1987). We direct the

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

control, be resen-tenced in accordance with section 948.06(1), Florida Statutes, without reference to

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

control” (quoted from the last sentence of section 948.06(1), Florida Statutes) as the trial court can

Rojas v. State

506 So. 2d 1158, 12 Fla. L. Weekly 1219, 1987 Fla. App. LEXIS 8214

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 64627025

Published

community control are treated identically, see § 948.06, Fla.Stat. (1985), there appears to be no reason

Isgette v. State

494 So. 2d 534, 11 Fla. L. Weekly 2079, 1986 Fla. App. LEXIS 9909

District Court of Appeal of Florida | Filed: Oct 1, 1986 | Docket: 64621831

Published

originally found guilty and placed on probation. § 948.-06(1), Fla.Stat. (1984) (“If probation ... is revoked

Isgette v. State

494 So. 2d 534, 11 Fla. L. Weekly 2079, 1986 Fla. App. LEXIS 9909

District Court of Appeal of Florida | Filed: Oct 1, 1986 | Docket: 64621831

Published

originally found guilty and placed on probation. § 948.-06(1), Fla.Stat. (1984) (“If probation ... is revoked

Butterfield v. State

488 So. 2d 920, 11 Fla. L. Weekly 1200, 1986 Fla. App. LEXIS 8033

District Court of Appeal of Florida | Filed: May 27, 1986 | Docket: 64619515

Published

alternative methods of punishment were available. § 948.06(4), Fla.Stat. (1985); Bearden v. Georgia, 461

Shamburger v. State

484 So. 2d 1365, 11 Fla. L. Weekly 650, 1986 Fla. App. LEXIS 6913

District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 64618039

Published

appellant was unable to make such payment. Under Section 948.-06(4), Florida Statutes (1984 Supp.), it was incumbent

Swift v. State

473 So. 2d 818, 10 Fla. L. Weekly 1916, 1985 Fla. App. LEXIS 15189

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 64613520

Published

circuit court pursuant to the 1983 amendment to section 948.06, Florida Statutes. See Crosby v. State, 462

State v. Dunn

473 So. 2d 15, 10 Fla. L. Weekly 1767, 1985 Fla. App. LEXIS 14395

District Court of Appeal of Florida | Filed: Jul 19, 1985 | Docket: 64613296

Published

1983, the effective date of an amendment to section 948.-06(1), Florida Statutes. The amendement provided

State v. Pittman

477 So. 2d 1013, 1985 Fla. App. LEXIS 14397, 10 Fla. L. Weekly 1768

District Court of Appeal of Florida | Filed: Jul 19, 1985 | Docket: 64615174

Published

1983, the effective date of an amendment to section 948.-06(1), Florida Statutes. The amendment provided

State v. Lycans

473 So. 2d 16, 10 Fla. L. Weekly 1768, 1985 Fla. App. LEXIS 14396

District Court of Appeal of Florida | Filed: Jul 19, 1985 | Docket: 64613297

Published

1983, the effective date of an amendment to section 948.-06(1), Florida Statutes. The amendment provided

State v. Roberts

473 So. 2d 13, 10 Fla. L. Weekly 1767, 1985 Fla. App. LEXIS 14392

District Court of Appeal of Florida | Filed: Jul 19, 1985 | Docket: 64613295

Published

1983, the effective date of an amendment to section 948.-06(1), Florida Statutes. The amendment provided

Hill v. State

469 So. 2d 945, 10 Fla. L. Weekly 1342, 1985 Fla. App. LEXIS 14308

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 64612280

Published

not the Parole and Probation Commission. See § 948.06(1), Fla.Stat. (1983); Bradley v. State, 462 So

Roberts v. State

468 So. 2d 1122, 10 Fla. L. Weekly 1276, 1985 Fla. App. LEXIS 14042

District Court of Appeal of Florida | Filed: May 22, 1985 | Docket: 64611994

Published

CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES? We again certify those

Honaker v. State

467 So. 2d 841, 10 Fla. L. Weekly 1092, 1985 Fla. App. LEXIS 13753

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 64611519

Published

CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES? We again certify those

Fisher v. State

464 So. 2d 239, 1985 Fla. App. LEXIS 12573, 10 Fla. L. Weekly 548

District Court of Appeal of Florida | Filed: Mar 1, 1985 | Docket: 64610183

Published

the *240effective date of an amendment to section 948.06(1), Florida Statutes (1988), which is controlling

Bradley v. State

462 So. 2d 24

District Court of Appeal of Florida | Filed: Jan 17, 1985 | Docket: 1509993

Published

release shall be subject to the provisions of section 948.06(1) — which explicitly authorizes the court

State v. Justice

451 So. 2d 1056, 1984 Fla. App. LEXIS 13785

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 64605548

Published

probation even if the charge is admitted or proved. Section 948.06, Florida Statutes. Id. at 179. As footnote

Hooper v. State

452 So. 2d 611

District Court of Appeal of Florida | Filed: Jun 4, 1984 | Docket: 380445

Published

were reached, Florida already had in place section 948.06(1), Florida Statutes (1969), which provided

Smith v. State

448 So. 2d 20, 1984 Fla. App. LEXIS 12269

District Court of Appeal of Florida | Filed: Mar 19, 1984 | Docket: 64604040

Published

objection to this order must be addressed. Section 948.06, Florida Statutes (1983), provides that, on

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

the order of the Board. Appellant argues that section 948.06, Fla.Stat. (1981),1 and the case law interpreting

Stearns v. State

412 So. 2d 969, 1982 Fla. App. LEXIS 19846

District Court of Appeal of Florida | Filed: Apr 21, 1982 | Docket: 64589379

Published

the clerk one week earlier on June 19, 1981. Section 948.06, Florida Statutes (1979) mandates that a judgment

Lachle v. State

412 So. 2d 931, 1982 Fla. App. LEXIS 19781

District Court of Appeal of Florida | Filed: Apr 15, 1982 | Docket: 64589351

Published

occur before the order of probation was imposed. § 948.-06(1), Fla.Stat. (1981); O’Steen v. State, 261 So

Calloway v. State

409 So. 2d 1142, 1982 Fla. App. LEXIS 19139

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 64587964

Published

revocation proceeding were not met in this case. § 948.-06, Fla.Stat. Also, compare Gagnon v. Scarpelli,

Watts v. State

409 So. 2d 222, 1982 Fla. App. LEXIS 19161

District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 64587505

Published

the right to be represented by his own attorney. § 948.06, Fla.Stat. (1979). We accordingly reverse and

Frederick v. State

405 So. 2d 1344, 1981 Fla. App. LEXIS 21523

District Court of Appeal of Florida | Filed: Nov 3, 1981 | Docket: 64586180

Published

extension of the defendant’s probation, see Section 948.06, Florida Statutes (1979); Smith v. State, 377

Hudgins v. Wainwright

530 F. Supp. 944, 1981 U.S. Dist. LEXIS 17074

District Court, S.D. Florida | Filed: Oct 23, 1981 | Docket: 66157486

Published

his probation. (R. 35). Furthermore, Fla.Stat. § 948.06 provides that following the revocation of probation

Draper v. State

403 So. 2d 615, 1981 Fla. App. LEXIS 21112

District Court of Appeal of Florida | Filed: Sep 16, 1981 | Docket: 64585045

Published

given and the materiality of alleged violations. § 948.06(1), Fla.Stat. (1979); Watkins v. State, 368 So

Bilyou v. State

381 So. 2d 756, 1980 Fla. App. LEXIS 15853

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 64575177

Published

State, 356 So.2d 870 (Fla. 4th DCA 1978). Section 948.06(1), Florida Statutes (1979) provides, in part:

Pugh v. State

379 So. 2d 398, 1980 Fla. App. LEXIS 15453

District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 64574094

Published

870 (Fla. 4th DCA 1978), this court, citing Section 948.06(1), Florida Statutes (1975), held that upon

Townsend v. State

378 So. 2d 1313, 1980 Fla. App. LEXIS 15608

District Court of Appeal of Florida | Filed: Jan 15, 1980 | Docket: 64573810

Published

and that such an extension is unauthorized by section 948.06(1), Florida Statutes (1977). We find the probationary

Dupree v. State

379 So. 2d 136, 1979 Fla. App. LEXIS 21029

District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64574001

Published

State, 350 So.2d 1114 (Fla. 2d DCA 1977); Section 948.06, Florida Statutes (1977).

Curry v. State

362 So. 2d 36, 1978 Fla. App. LEXIS 16567

District Court of Appeal of Florida | Filed: Jul 18, 1978 | Docket: 64565873

Published

261 So.2d 208 (Fla. 1st DCA 1972). See also Section 948.06(1), Florida Statutes (1977). In view of the

Johnson v. State

353 So. 2d 937, 1978 Fla. App. LEXIS 22405

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 64562129

Published

PER CURIAM. Affirmed. See: Section 948.06(1), Florida Statutes (1973).

Johnson v. State

353 So. 2d 937, 1978 Fla. App. LEXIS 22405

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 64562129

Published

PER CURIAM. Affirmed. See: Section 948.06(1), Florida Statutes (1973).

Stoney v. State

353 So. 2d 605, 1977 Fla. App. LEXIS 22649

District Court of Appeal of Florida | Filed: Dec 13, 1977 | Docket: 64562018

Published

PER CURIAM. Affirmed on the authority of Section 948.06, Florida Statutes. See also State v. Jones,

Hendrick v. State

347 So. 2d 803, 1977 Fla. App. LEXIS 15892

District Court of Appeal of Florida | Filed: Jun 29, 1977 | Docket: 64559367

Published

probation he was released on bail as provided by Section 948.06(1), Florida Statutes (1975). We therefore construe

Hopson v. State

339 So. 2d 1152, 1976 Fla. App. LEXIS 15685

District Court of Appeal of Florida | Filed: Dec 3, 1976 | Docket: 64556134

Published

or modification of the probation pursuant to Section 948.06, Florida Statutes (1963). Carroll v. Cochran

Pitchford v. State of Florida

339 So. 2d 1143, 1976 Fla. App. LEXIS 16019

District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 64556132

Published

reverse the order of revocation here under review. § 948.06, Fla.Stat., provides the procedure to be afforded

DiCaprio v. Polk

335 So. 2d 857, 1976 Fla. App. LEXIS 13958

District Court of Appeal of Florida | Filed: Jul 30, 1976 | Docket: 64554619

Published

shall be given a hearing pursuant to § 947.23 or § 948.06. The hearing shall be held within ten days from

Scott v. State

305 So. 2d 289, 1974 Fla. App. LEXIS 7452

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 64543516

Published

respects I concur in the opinion and judgment. By § 948.06 Fla.Stat., F.S.A., upon revocation of the probation

McClellan v. State

294 So. 2d 719, 1974 Fla. App. LEXIS 7308

District Court of Appeal of Florida | Filed: May 23, 1974 | Docket: 64539008

Published

PER CURIAM. Affirmed. See Section 948.06, Florida Statutes, F.S.A. and Morrissey v. Brewer, 408 U.S

Washington v. State

284 So. 2d 236, 1973 Fla. App. LEXIS 6477

District Court of Appeal of Florida | Filed: Oct 26, 1973 | Docket: 64535015

Published

involving the revocation of probation. We disagree. Section 948.06, Florida Statutes, F. S.A., states that at

Ruiter v. Wainwright

249 So. 2d 67, 1971 Fla. App. LEXIS 6341

District Court of Appeal of Florida | Filed: May 6, 1971 | Docket: 64520866

Published

See Fla.Stat. §§ 947.21-23 (1969) F.S.A. Cf. § 948.06. He relies on Mempa v. Rhay, 1967, 389 U.S. 128

Gardner v. State

219 So. 2d 100, 1969 Fla. App. LEXIS 6151

District Court of Appeal of Florida | Filed: Feb 4, 1969 | Docket: 64508504

Published

Florida, Fla.App.1963, 154 So.2d 695; and Fla.Stat. § 948.06, F.S.A. We considered appellant’s last point for

O'Brien v. State

151 So. 2d 452, 1963 Fla. App. LEXIS 3541

District Court of Appeal of Florida | Filed: Apr 2, 1963 | Docket: 60210875

Published

probation and to impose sentence is statutory. See § 948.06, Fla.Stat., F.S.A. The record fails to disclose

Paul v. State

73 So. 2d 677, 1954 Fla. LEXIS 1560

Supreme Court of Florida | Filed: Jun 29, 1954 | Docket: 64485724

Published

26, Chapter 20519, Laws of Florida 1941 [F.S.A. § 948.06], and “It is further ordered and adjudged that