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Florida Statute 948.20 | Lawyer Caselaw & Research
F.S. 948.20 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 948.20

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
F.S. 948.20
948.20 Drug offender probation.
(1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, 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.
(2) The Department of Corrections shall develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan. The program may include the use of graduated sanctions consistent with the conditions imposed by the court. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered.
(3) Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06.
History.s. 14, ch. 91-225; s. 6, ch. 97-239; s. 4, ch. 2001-55; s. 10, ch. 2004-373; s. 7, ch. 2009-64; s. 5, ch. 2011-33; s. 137, ch. 2019-167.
Note.Former s. 948.01(13).

F.S. 948.20 on Google Scholar

F.S. 948.20 on Casetext

Amendments to 948.20


Arrestable Offenses / Crimes under Fla. Stat. 948.20
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.20.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TAYLOR, v. STATE, 227 So. 3d 1252 (Fla. Dist. Ct. App. 2017)

. . . Section 948.20(1), Florida Statutes (2014), sets forth the specific circumstances under which a defendant . . . See § 948.20(1), Fla. Stat. (2014). . . .

POWELL, v. STATE, 223 So. 3d 412 (Fla. Dist. Ct. App. 2017)

. . . there was insufficient evidence that Powell qualified as a “chronic substance abuser” under section 948.20 . . . 2007) ("[Battery on a law enforcement officer] is not a forcible felony under section 776.08.”); § 948.20 . . .

ROMANS, v. STATE, 221 So. 3d 647 (Fla. Dist. Ct. App. 2017)

. . . .” § 948.20(1), Fla. Stat. None of these conditions apply to the instant case. . . .

ORR, v. STATE, 206 So.3d 120 (Fla. Dist. Ct. App. 2016)

. . . Section 948.20(1), Florida Statutes (2014), provides when a trial court may place a defendant on drug . . . Moreover, Orr’s offense does not constitute a nonviolent felony as that term is defined in section 948.20 . . . The State contends that the language of section 948.20(1) applies only when the trial court imposes drug . . . This argument is not supported by Jones or the language in section 948.20, which authorizes the trial . . . special condition of ordinary probation; (2) as a condition of drug offender probation under section 948.20 . . .

PAIGE, v. STATE, 196 So. 3d 574 (Fla. Dist. Ct. App. 2016)

. . . See § 948.20 Fla. Stat. (2014); Green v. State, 178 So.3d 467 (Fla. 1st DCA 2015). . . .

INMON, v. STATE, 190 So. 3d 693 (Fla. Dist. Ct. App. 2016)

. . . Appellant’s history of substance abuse, which would qualify him for sentencing pursuant to section 948.20 . . .

GREEN, v. STATE, 178 So. 3d 467 (Fla. Dist. Ct. App. 2015)

. . . See § 948.20(1), Fla. Stat. (2014). . . .

C. SUTTON, v. STATE, 128 So. 3d 957 (Fla. Dist. Ct. App. 2013)

. . . offender probation because burglary and grand theft are not among the enumerated offenses under section 948.20 . . . Section 948.20 was amended in 2009. See Ch. 2009-64, § 7, at 583-84, Laws of Fla. . . . Because, section 948.20 specifically includes third-degree felonies under chapter 810 in its definition . . .

STATE v. WINBUSH,, 121 So. 3d 1165 (Fla. Dist. Ct. App. 2013)

. . . The drug offender statute reads, in relevant part, as follows: 948.20. . . . into a post adjudicatory treatment-based drug court program if the defendant otherwise qualifies. § 948.20 . . .

IBARRA, v. H. HOLDER, Jr., 736 F.3d 903 (10th Cir. 2013)

. . . . §§ 948.21, 948.03(4), 948.04(2), 948.20 (West, Westlaw through 1996 legislation). . . .

IBARRA, v. H. HOLDER, Jr., 721 F.3d 1157 (10th Cir. 2013)

. . . . §§ 948.21, 948.03(4), 948.04(2), 948.20 (West, Westlaw through 1996 legislation). . . .

McGRILL, v. STATE, 82 So. 3d 130 (Fla. Dist. Ct. App. 2012)

. . . (6)(a), Florida Statutes (2009), is not barred from obtaining an alternative sentence under section 948.20 . . . He pled no contest to the charges and filed a motion for an alternative sentence under section 948.20 . . . Prior to its amendment in 2009, section 948.20 made no mention of a defendant’s criminal score sheet: . . . Section 948.20(1), when constructed in the light most favorable to the accused, does not require that . . . requirement from 52 to 60. § 948.20(1), Fla. . . .

JACKSON, v. STATE, 47 So. 3d 378 (Fla. Dist. Ct. App. 2010)

. . . is not one of the enumerated offenses for which drug offender probation can be imposed under section 948.20 . . .

CARSON, v. STATE, 37 So. 3d 884 (Fla. Dist. Ct. App. 2010)

. . . condition of ordinary probation, as a condition of drug offender probation pursuant to sections 948.034 and 948.20 . . . sentence because he was not convicted of one of the enumerated chapter 893 offenses. §§ 948.034(1), 948.20 . . .

V. ROSS, v. STATE, 29 So. 3d 463 (Fla. Dist. Ct. App. 2010)

. . . He then sought the imposition of an alternative sentence pursuant to section 948.20, Florida Statutes . . . Ross’s multiple prior, non-drug felony convictions precluded the imposition of sentence under section 948.20 . . . sentence, this court held that Langdon does not control the imposition of sentence pursuant to section 948.20 . . . trial court’s denial of Ross’s motion for imposition of an alternative sentence pursuant to section 948.20 . . . Effective July 1, 2009, section 948.20 was amended. See Ch. 2009-64, § 7, at 583-84, Laws of Fla. . . .

MORRIS, v. STATE, 26 So. 3d 660 (Fla. Dist. Ct. App. 2010)

. . . Effective July 1, 2009, section 948.20, Fla. . . .

FORTNER, v. STATE, 23 So. 3d 1275 (Fla. Dist. Ct. App. 2010)

. . . Section 948.20, Florida Statutes (2006), authorizes drug offender probation for chronic drug abusers . . .

NELSON, v. STATE, 17 So. 3d 911 (Fla. Dist. Ct. App. 2009)

. . . accepted the plea, denied appellant’s motion for alternative sentencing under Florida Statutes section 948.20 . . . circuit court’s stated reason that appellant was “not eligible” for alternative sentencing under section 948.20 . . . a defendant with prior non-felony convictions is eligible for alternative sentencing under section 948.20 . . . court may reconsider appellant’s motion for alternative sentencing under the plain language of section 948.20 . . .

NELSON, v. STATE, 16 So. 3d 286 (Fla. Dist. Ct. App. 2009)

. . . defendant with prior non-drug felony convictions is eligible for an alternative sentence under section 948.20 . . . During the plea colloquy, the defendant moved for alternative sentencing under section 948.20, Florida . . . placed on drug offender probation are subject to revocation of probation as provided in s. 948.06. § 948.20 . . . Section 893.13 does not prohibit a court from considering an alternative sentence under section 948.20 . . . the circuit court shall reconsider the defendant’s motion for alternative sentencing under section 948.20 . . .

BEALS, v. STATE, 14 So. 3d 286 (Fla. Dist. Ct. App. 2009)

. . . .” § 948.20, Fla. Stat. (2004) (emphasis added). . . . special condition of ordinary probation; (2) as a condition of drug offender probation under section 948.20 . . .

HORNE, v. STATE, 6 So. 3d 99 (Fla. Dist. Ct. App. 2009)

. . . See § 948.20, Fla. Stat. (2005). . . . On the other hand, section 948.20 is plainly titled “Drug offender probation.” . . . pronouncement of “drug offender supervision” was imposition of those terms of probation as set forth in section 948.20 . . . convictions for possession of a controlled substance are eligible for drug offender probation under section 948.20 . . .

BENNER, v. STATE, 974 So. 2d 578 (Fla. Dist. Ct. App. 2008)

. . . not an offense contained within chapter 893, Florida Statutes, as required by sections 948.034 and 948.20 . . . the drug offender portions of Appellant’s probation were not imposed pursuant to sections 948.034 or 948.20 . . .

C. REDMOND, v. STATE, 970 So. 2d 915 (Fla. Dist. Ct. App. 2007)

. . . Section 948.20, Florida Statutes (2005), authorizes drug offender probation for violations of section . . .

LAWSON, v. STATE, 969 So. 2d 222 (Fla. 2007)

. . . special condition of ordinary probation; (2) as a condition of drug offender probation under section 948.20 . . . stay and withhold the imposition of sentence and place the defendant on drug offender probation.” § 948.20 . . . This is mirrored in section 948.20, which mandates that the Department of Corrections develop and administer . . . treatment conditions and other treatment approaches necessary to monitor this population may be ordered. § 948.20 . . . This Case In this case, Lawson was placed on drug offender probation pursuant to section 948.20, which . . .

LAWSON, v. STATE, 941 So. 2d 485 (Fla. Dist. Ct. App. 2006)

. . . See § 948.20(1), Fla. . . .

L. ANDERSON, v. STATE, 941 So. 2d 446 (Fla. Dist. Ct. App. 2006)

. . . probation in connection with count one, sale of cocaine, as such is contrary to Florida Statutes section 948.20 . . .

COLE, v. STATE, 932 So. 2d 1123 (Fla. Dist. Ct. App. 2006)

. . . were not special conditions and were standard conditions under Florida Statutes sections 948.03 and 948.20 . . . Additionally, Florida Statutes section 948.20, formerly Florida Statutes section 948.01(13), addressing . . . Section 948.20(1) provides only that: “Drug offender probation status shall include surveillance and . . .

STATE v. ROPER,, 915 So. 2d 622 (Fla. Dist. Ct. App. 2005)

. . . This appeal causes us to examine section 948.20, Florida Statutes (2004), concerning the imposition by . . . The trial judge read section 948.20 and the case of Jones v. . . . Section 948.20 reads in pertinent part: If it appears to the court upon a hearing that the defendant . . . violation of section 893.13(l)(a)(l), it appears that the trial court was not authorized to use section 948.20 . . . Section 948.20 does not provide a basis in the present case for sentencing below the minimum calculated . . .

STATE v. CREWS,, 884 So. 2d 1139 (Fla. Dist. Ct. App. 2004)

. . . Stat. (2002) (currently § 948.20, Fla. . . .

ADAMS, v. WAL- MART STORES, INC., 151 F.R.D. 610 (S.D. Miss. 1993)

. . . Powell 262 So.2d 645 (Miss.1972), (medical expenses $948.20—inadequate jury award $946.20); Gregory v . . .

SABIN, v. ISRAEL La, 554 F. Supp. 390 (E.D. Wis. 1983)

. . . was tried in Waupaca County for theft of the van and for operating it without the owner’s consent (§§ 948.20 . . .

F. FORD v. UNITED STATES F. HARLOW v. UNITED STATES, 276 F.2d 17 (Ct. Cl. 1960)

. . . Santos Company on July 15, 1947: (a) the claimant had erroneously included in the gross price of $258,-948.20 . . .

ACHILLE F. FORD v. THE UNITED STATES JEANNE F. HARLOW v. THE UNITED STATES, 149 Ct. Cl. 558 (Ct. Cl. 1960)

. . . capital gain was computed by each plaintiff in the income tax return as follows: Gross sales price_$258, 948.20 . . . capital gain was computed by each plaintiff in the income tax return as follows: Gross sales price_$258, 948.20 . . .