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Florida Statute 948.01 | Lawyer Caselaw & Research
F.S. 948.01 Case Law from Google Scholar
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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. 948.01
948.01 When court may place defendant on probation or into community control.
(1) Any state court having original jurisdiction of criminal actions may at a time to be determined by the court, with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant in a criminal case, except for an offense punishable by death, who has been found guilty by the verdict of a jury, has entered a plea of guilty or a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.
(a) If the court places the defendant on probation or into community control for a felony, the department shall provide immediate supervision by an officer employed in compliance with the minimum qualifications for officers as provided in s. 943.13. The department may provide supervision to misdemeanor offenders sentenced or placed on probation by a circuit court when so ordered by the sentencing court. A private entity may not provide probationary or supervision services to felony offenders sentenced or placed on probation or other supervision.
(b) The department, in consultation with the Office of the State Courts Administrator, shall revise and make available to the courts uniform order of supervision forms by July 1 of each year or as necessary. The courts shall use the uniform order of supervision forms provided by the department for all persons placed on community supervision.
(2) If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt. In either case, the court shall stay and withhold the imposition of sentence upon the defendant and shall place a felony defendant upon probation. If the defendant is found guilty of a nonfelony offense as the result of a trial or entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, the court may place the defendant on probation. In addition to court costs and fees and notwithstanding any law to the contrary, the court may impose a fine authorized by law if the offender is a nonfelony offender who is not placed on probation. However, a defendant who is placed on probation for a misdemeanor may not be placed under the supervision of the department unless the circuit court was the court of original jurisdiction.
(3) If, after considering the provisions of subsection (2) and the offender’s prior record or the seriousness of the offense, it appears to the court in the case of a felony disposition that probation is an unsuitable dispositional alternative to imprisonment, the court may place the offender in a community control program as provided in s. 948.10. Or, in a case of prior disposition of a felony commitment, upon motion of the offender or the department or upon its own motion, the court may, within the period of its retained jurisdiction following commitment, suspend the further execution of the disposition and place the offender in a community control program upon such terms as the court may require. The court may consult with a local offender advisory council pursuant to s. 948.90 with respect to the placement of an offender into community control. Not later than 3 working days before the hearing on the motion, the department shall forward to the court all relevant material on the offender’s progress while in custody. If this sentencing alternative to incarceration is utilized, the court shall:
(a) Determine what community-based sanctions will be imposed in the community control plan. Community-based sanctions may include, but are not limited to, rehabilitative restitution in money or in kind, curfew, revocation or suspension of the driver license, community service, deprivation of nonessential activities or privileges, or other appropriate restraints on the offender’s liberty.
(b) After appropriate sanctions for the offense are determined, develop, approve, and order a plan of community control which contains rules, requirements, conditions, and programs that are designed to encourage noncriminal functional behavior and promote the rehabilitation of the offender and the protection of the community. If the offense was a controlled substance violation, the conditions shall include a requirement that the offender submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s. 943.10(3).
(4) The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. When community control or a program of public service is ordered by the court, the duration of community control supervision or public service may not be longer than the sentence that could have been imposed if the offender had been committed for the offense or a period not to exceed 2 years, whichever is less. When restitution or public service is ordered by the court, the amount of restitution or public service may not be greater than an amount which the offender could reasonably be expected to pay or perform.
(5) The imposition of sentence may not be suspended and the defendant thereupon placed on probation or into community control unless the defendant is placed under the custody of the department or another public or private entity. A private entity may not provide probationary or supervision services to felony offenders sentenced or placed on probation or other supervision.
(6) When the court, under any of the foregoing subsections, places a defendant on probation or into community control, it may specify that the defendant serve all or part of the probationary or community control period in a community residential or nonresidential facility under the jurisdiction of the Department of Corrections or the Department of Children and Families or any public or private entity providing such services, and it shall require the payment prescribed in s. 948.09.
(7)(a) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, the sentencing court may place the defendant into a postadjudicatory treatment-based drug court program if the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer, the offense is a nonviolent felony, the defendant is amenable to substance abuse treatment, and the defendant otherwise qualifies under s. 397.334(3). The satisfactory completion of the program shall be a condition of the defendant’s probation or community control. 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.
(b) The defendant must be fully advised of the purpose of the program, and the defendant must agree to enter the program. The original sentencing court shall relinquish jurisdiction of the defendant’s case to the postadjudicatory drug court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendant’s termination from the program for failure to comply with the terms thereof, or the defendant’s sentence is completed.
(8)(a) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2016, the sentencing court may place the defendant into a postadjudicatory mental health court program if the offense is a nonviolent felony, the defendant is amenable to mental health treatment, including taking prescribed medications, and the defendant is otherwise qualified under s. 394.47892(4). The satisfactory completion of the program must be a condition of the defendant’s probation or community control. 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. Defendants 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.
(b) The defendant must be fully advised of the purpose of the mental health court program, and the defendant must agree to enter the program. The original sentencing court shall relinquish jurisdiction of the defendant’s case to the postadjudicatory mental health court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendant’s termination from the program for failure to comply with the terms thereof, or the defendant’s sentence is completed.
(c) The Department of Corrections may establish designated and trained mental health probation officers to support individuals under supervision of the mental health court program.
History.s. 20, ch. 20519, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 59-130; s. 1, ch. 61-498; s. 1, ch. 65-453; s. 1, ch. 67-204; ss. 12, 13, ch. 74-112; s. 3, ch. 75-301; s. 3, ch. 76-238; s. 90, ch. 77-120; s. 1, ch. 77-174; s. 109, ch. 79-3; s. 13, ch. 83-131; s. 14, ch. 85-288; s. 1, ch. 86-106; s. 4, ch. 87-211; s. 69, ch. 88-122; s. 36, ch. 89-526; ss. 7, 16, ch. 90-337; ss. 2, 14, ch. 91-225; ss. 1, 15, ch. 91-280; s. 14, ch. 93-227; s. 17, ch. 96-322; s. 21, ch. 97-78; s. 1876, ch. 97-102; s. 6, ch. 97-239; s. 13, ch. 98-81; s. 121, ch. 99-3; s. 323, ch. 99-8; s. 3, ch. 2000-246; s. 4, ch. 2001-55; ss. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 40, ch. 2004-373; s. 5, ch. 2008-250; s. 6, ch. 2009-6; s. 10, ch. 2009-63; s. 3, ch. 2009-64; s. 3, ch. 2011-33; s. 331, ch. 2014-19; s. 15, ch. 2016-127; ss. 2, 19, ch. 2017-115; s. 14, ch. 2019-113; s. 1, ch. 2022-166.

F.S. 948.01 on Google Scholar

F.S. 948.01 on Casetext

Amendments to 948.01


Arrestable Offenses / Crimes under Fla. Stat. 948.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TRIATIK, v. STATE, 267 So. 3d 535 (Fla. App. Ct. 2019)

. . . . § 948.01(2), Fla. Stat. . . .

FLORIDA BAR, v. KINSELLA,, 260 So. 3d 1046 (Fla. 2018)

. . . ." § 948.01(2), Fla. Stat. (2018). . . .

CANCHOLA, v. STATE, 255 So. 3d 442 (Fla. App. Ct. 2018)

. . . See § 948.01(1) ("Any state court having original jurisdiction of criminal actions may ... hear and determine . . .

STATE v. JENE- CHARLES,, 253 So. 3d 109 (Fla. App. Ct. 2018)

. . . When a court, in its discretion, withholds adjudication, section 948.01(2), Florida Statutes (2016), . . .

STATE v. RIVERA,, 249 So. 3d 1314 (Fla. App. Ct. 2018)

. . . Section 948.01(2), Florida Statutes, further provides that "the court ... may either adjudge the defendant . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated . . . Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated . . . provisional release credits during any portion of his sentence. ] Notwithstanding the provisions of s. 948.01 . . .

FOWLER, v. STATE, 225 So. 3d 1005 (Fla. Dist. Ct. App. 2017)

. . . State, 769 So.2d 457, 462 (Fla. 4th DCA 2000), Furthermore, under the terms of section 948.01(2), Florida . . . welfare of society do not require that the defendant presently suffer the penalty ‘imposed by law.” § 948.01 . . . Certainly, the trial court had the discretion to adjudicate Appellant guilty, .as section 948.01(2) permits . . .

ESQUIVEL- QUINTANA, v. B. SESSIONS III,, 137 S. Ct. 1562 (U.S. 2017)

. . . . §§ 948.01(1), 948.09 (1993-1994) Where a state statute contains several different crimes that are described . . .

MAY, v. L. RYAN,, 245 F. Supp. 3d 1145 (D. Ariz. 2017)

. . . Stat. 948.01(5) (2015) (Wisconsin); Wy. Stat. Ann. § 6-2-301(a)(vi) (2010) (Wyoming). . . .

HATTEN, v. STATE, 203 So. 3d 142 (Fla. 2016)

. . . serving the mandatory minimum sentence imposed pursuant to the 10-20-Life statute: Notwithstanding s. 948.01 . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . State, 541 So.2d 1140, 1141 (Fla.1989) (quoting § 948.01(3), Fla. Stat. (1985)). . . .

UNITED STATES v. CLARKE,, 822 F.3d 1213 (11th Cir. 2016)

. . . However, in Gazda, adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it . . . See § 948.01(2), Fla. Stat. (2008). . . . Section 948.01, titled “When court may place defendant on probation or into community control,” states . . . not likely again to engage in a criminal course of conduct.’ ” McFadden, 772 So.2d at 1216 (quoting § 948.01 . . . Similar language occurs in the current version of the statute.- See § 948.01(2), Fla. Stat. (2015). . . .

STATE v. RICHARD,, 197 So. 3d 1097 (Fla. Dist. Ct. App. 2016)

. . . The State appealed'this as an illegal sentence, contending section 948.01(3), Florida Statutes (-1983 . . . At that time, section -948.01(3) provided in pertinent part: If it appears to the court ... that the . . .

CLARKE, v. UNITED STATES, 184 So. 3d 1107 (Fla. 2016)

. . . However, in Gazda, adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it . . . See § 948.01(2), Fla. Stat. (2008). . . . Section 948.01, titled “When court may place defendant on probation or into community control,” states . . . likely again to engage in ;a criminal course of conduct.’ ” McFadden, 772 So.2d at 1216 (quoting § 948.01 . . . See § 948.01(2), Fla. Stat. (2015), . . .

UNITED STATES v. O. BARHAM,, 632 F. App'x 606 (11th Cir. 2016)

. . . Stat. 948.01(1), and the government introduced a certified copy of the docket sheet from a Florida court . . . Stat. 948.01(2). We AFFIRM Barham’s convictions and sentence. . . .

STATE v. KELLY,, 147 So. 3d 1061 (Fla. Dist. Ct. App. 2014)

. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .

UNITED STATES v. GONZALEZ- MEDINA,, 757 F.3d 425 (5th Cir. 2014)

. . . . § 948.01(1). . See Nijhawan v. . . .

NEALY, v. STATE, 141 So. 3d 693 (Fla. Dist. Ct. App. 2014)

. . . See § 948.01(4), Florida Statutes (2008) (stating that community control can be for a period of no more . . .

STATE v. ROBINSON,, 138 So. 3d 1225 (Fla. Dist. Ct. App. 2014)

. . . offender is to be placed on probation upon completion of any specified period of such sentence”); § 948.01 . . .

STATE v. KELLY,, 138 So. 3d 1169 (Fla. Dist. Ct. App. 2014)

. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .

STATE v. HENDERSON,, 108 So. 3d 1137 (Fla. Dist. Ct. App. 2013)

. . . community control or probation because the DUI statute allows for alternative sentencing under section 948.01 . . . She points out that other statutes specifically prevent the trial court from using section 948.01 to . . . She is correct that the DUI statute does not appear to prohibit alternative sentencing under section 948.01 . . .

R. STEFFES, v. POLLARD,, 663 F.3d 276 (7th Cir. 2011)

. . . . § 948.01(6) (emphasis added). . . . Stat. § 948.01(6); see also Wis. Stat. § 940.225(5)(c). . . . Stat. § 948.01(6) and Wis. . . .

W. MOUNTFORD, v. K. SHINSEKI,, 24 Vet. App. 443 (Vet. App. 2011)

. . . . § 948.01. . . . Stat. § 810.02 (1994). (2) Under Florida Statutes ... section 948.01, probation may not be imposed without . . .

UNITED STATES v. CORTES, a. k. a. a. k. a., 427 F. App'x 803 (11th Cir. 2011)

. . . . § 948.01(2). . . . .

MENDENHALL, v. STATE, 48 So. 3d 740 (Fla. 2010)

. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .

STATE v. COLEMAN,, 44 So. 3d 1198 (Fla. Dist. Ct. App. 2010)

. . . Stat. (1997 & 1999); 948.01(15), Fla. Stat. (Supp. 1998 & 1999); 948.03(l)(a), (2), (5), Fla. Stat. . . .

NORRIS, v. MORGAN,, 622 F.3d 1276 (9th Cir. 2010)

. . . including "sexual assault of a child”), 948.02 (defining "sexual assault” to include "sexual contact”), 948.01 . . .

M. A. R. v. STATE, 67 So. 3d 232 (Fla. Dist. Ct. App. 2010)

. . . violation of subsection (1), subsection (2), subsection (3), or subsection (4). (6) Notwithstanding s. 948.01 . . .

UNITED STATES v. WRIGHT,, 607 F.3d 708 (11th Cir. 2010)

. . . . § 948.01(3)(b). . . .

H. ELBERT, Jr. v. STATE, 20 So. 3d 961 (Fla. Dist. Ct. App. 2009)

. . . State, 779 So.2d 492, 493-94 (Fla. 2d DCA 2000); see also § 948.01(6), Fla. . . .

STATE v. MESSINA,, 13 So. 3d 153 (Fla. Dist. Ct. App. 2009)

. . . court may “[pjlace the offender on probation with or without an adjudication of guilt pursuant to s. 948.01 . . . Section 948.01, Florida Statutes (2006), provides that “the court ... may either adjudge the defendant . . .

STATE v. LUXENBURG,, 13 So. 3d 137 (Fla. Dist. Ct. App. 2009)

. . . See § 948.01(2), Fla. Stat. (2007). . . . Section 948.01(1) explains that “[i]f the court places the defendant on probation or into community control . . .

UNITED STATES v. MUNOZ- ORTENZA, Mu, 563 F.3d 112 (5th Cir. 2009)

. . . . §§ 948.01, .09; Tenn.Code Ann. §§ 39-13-501,-506. . . . .

STATE v. BARFIELD,, 995 So. 2d 1138 (Fla. Dist. Ct. App. 2008)

. . . Section 948.01(2), Florida Statutes (2008), provides that a trial court can place a defendant on probation . . . charge if the defendant has received a prior withholding: (1) Notwithstanding the provisions of s. 948.01 . . .

UNITED STATES v. A. ANTON,, 546 F.3d 1355 (11th Cir. 2008)

. . . Stat. ch. 948.01(2). We review questions of statutory interpretation de novo. United States v. . . . Under Florida Statute 948.01(2), the district court has the discretionary authority to withhold the adjudication . . . Anton’s restoration of rights argument was based upon his erroneous interpretation of Florida Statute 948.01 . . .

KING, v. STATE, 990 So. 2d 1191 (Fla. Dist. Ct. App. 2008)

. . . . § 948.01(6), Fla. . . .

BOLWARE, v. STATE, 995 So. 2d 268 (Fla. 2008)

. . . . § 948.01(3)(a) (specifically allows the Court to revoke or suspend a driver’s license as part of a . . .

STATE v. SCRIBER,, 991 So. 2d 969 (Fla. Dist. Ct. App. 2008)

. . . adjudication, notwithstanding the language of section 316.1935(6), which provides: Notwithstanding s. 948.01 . . . Section 948.01, Florida Statutes (2007), generally allows a court to place a defendant on probation or . . . shotgun, section 790.221, Florida Statutes (1989), and the general sentencing statute found at section 948.01 . . .

UNITED STATES v. R. GRIESBACH,, 540 F.3d 654 (7th Cir. 2008)

. . . . §§ 948.12(1), 948.01(7). . . .

STATE v. TRIBBLE,, 984 So. 2d 639 (Fla. Dist. Ct. App. 2008)

. . . court may “[pjlace the offender on probation with or without an adjudication of guilt pursuant to s. 948.01 . . . Section 948.01, Florida Statutes (2006), provides that “the court ... may either adjudge the defendant . . . Section 948.01(2) was formerly subsection 948.01(3). Ch. 91-280, § 1, at 2587, Laws of Fla. . . .

STATE v. MANOS,, 983 So. 2d 58 (Fla. Dist. Ct. App. 2008)

. . . See § 948.01, Fla. Stat. (2007); and State v. Sylvio, 846 So.2d 1271 (Fla. 4th DCA 2003). . . .

PETERS, v. STATE, 984 So. 2d 1227 (Fla. 2008)

. . . P. 3.790(a); see also § 948.01(2) Fla. Stat. (2006). . . . a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.” § 948.01 . . . See § 948.01(1), Fla. Stat. (2003); see also Fla. R.Crim. . . .

STATE v. BLACKBURN,, 965 So. 2d 231 (Fla. Dist. Ct. App. 2007)

. . . Section 784.08(3) provides: Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition . . . Section 948.01, Florida Statutes (2005), is the statute that generally sets forth the sentencing options . . . adjudication of youthful offenders, section 784.08(3) would have begun: “Notwithstanding the provisions of ss. 948.01 . . .

HAYNES, v. STATE, 962 So. 2d 384 (Fla. Dist. Ct. App. 2007)

. . . chronic drug abusers who violate sections 893.13(2)(a) or (6)(a), Florida Statutes (2001); and section 948.01 . . .

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

. . . .” § 948.01(2), Fla. Stat. (2006); Landeverde v. State, 769 So.2d 457, 462 (Fla. 4th DCA 2000). . . .

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

. . . Additionally, Florida Statutes section 948.20, formerly Florida Statutes section 948.01(13), addressing . . .

RIVERA, v. STATE, 939 So. 2d 116 (Fla. Dist. Ct. App. 2006)

. . . See also § 948.01(4), Fla. . . . it should be made clear that it is a condition of probation in conformity with section 948.031”); § 948.01 . . .

THERRIEN, v. STATE, 914 So. 2d 942 (Fla. 2005)

. . . Section 948.01(2), Florida Statutes (2004), which was in effect when these crimes were committed, authorizes . . .

J. KAUFMAN, v. R. McCAUGHTRY,, 419 F.3d 678 (7th Cir. 2005)

. . . . § 948.01(4). But Kaufman is bound by the settlement agreement, see In re VMS Sec. . . .

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

. . . substance abusers who commit non-violent drug crimes was available under a predecessor statute (section 948.01 . . .

STATE v. E. CREGAN,, 908 So. 2d 387 (Fla. 2005)

. . . .” § 948.01(3)(a), Fla. Stat. (2003). . . .

BEBOUT, v. STATE, 904 So. 2d 613 (Fla. Dist. Ct. App. 2005)

. . . Section 948.01(4), Florida Statutes (2004) provides for a two-year ceiling on a community control sentence . . . State, 651 So.2d 1288 (Fla. 3d DCA 1995), which apply section 948.01(4) to hold that even after a revocation . . . In sum, the two-year limitation of section 948.01(4) does not apply when community control has been revoked . . . As grounds, he argued that under section 948.01(4), 'Florida Statutes (2004), the maximum period of community . . . Section 948.01(4), Florida Statutes (2004) provides that the duration of a community control sentence . . .

MORALES, v. STATE, 901 So. 2d 1032 (Fla. Dist. Ct. App. 2005)

. . . community control and probation is shorter than the suspended portion of incarceration”); see also § 948.01 . . .

RODRIGUEZ, v. STATE, 899 So. 2d 471 (Fla. Dist. Ct. App. 2005)

. . . Sections 948.01, 948.06(1), Florida Statutes (2004), allows the court, upon finding a violation of probation . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE- CONFORM RULES TO LEGISLATION, 900 So. 2d 528 (Fla. 2005)

. . . Last sentence was added to permit' the judge to operate under section 948.01(3), Florida Statutes. . . .

DOSS, v. V. CROSBY, Jr., 357 F. Supp. 2d 1334 (N.D. Fla. 2005)

. . . . § 948.01(6). . . . . § 948.01(8) (1989). The same statutory language applies here, and Johnson controls. . . .

STATE v. D. DEL CASTILLO,, 890 So. 2d 376 (Fla. Dist. Ct. App. 2004)

. . . Specifically, the Court referred to section 948.01(2), Florida Statutes, which provides that when a defendant . . .

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

. . . Crews argues that section 948.01, Florida Statutes (2002), authorized the trial court to withhold the . . . Section 948.01 provides: (1) Any court of the state having original jurisdiction of criminal actions . . . Since the supreme court decided McKendry in 1994, the legislature has not amended section 948.01. . . . (amending § 948.01, effective July 1, 1985); ch. 89-524, § 1, at 2651, Laws of Fla. . . . See § 948.01(13), Fla. Stat. (2002) (currently § 948.20, Fla. . . .

B. GIBSON, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 885 So. 2d 376 (Fla. 2004)

. . . that upon revocation of probation when an offender is serving a “split sentence pursuant to section 948.01 . . . Section 948.01(6) provides, in full: Whenever punishment by imprisonment for a misdemeanor or a felony . . . Section 948.01(11) provides, in pertinent part: The court may also impose a split sentence whereby the . . . Section 948.01(6) defines what this Court has described as a “true split sentence.” See Poore v. . . . State, 617 So.2d 311 (Fla.1993), we stated that the provision now found in section 948.01(6) defines . . .

E. CATRON, v. STATE, 885 So. 2d 910 (Fla. Dist. Ct. App. 2004)

. . . State, 779 So.2d 492 (Fla. 2d DCA 2000); see also § 948.01, Fla. Stat. (2002). AFFIRMED. . . .

SLOAN, v. STATE, 884 So. 2d 378 (Fla. Dist. Ct. App. 2004)

. . . section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s. 948.01 . . .

D. P. B. a v. STATE, 877 So. 2d 770 (Fla. Dist. Ct. App. 2004)

. . . .” § 948.01(2), Fla. Stat. (1993). . . .

ELOZAR, v. STATE, 872 So. 2d 934 (Fla. Dist. Ct. App. 2004)

. . . Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not . . .

BUSWELL, v. STATE, 855 So. 2d 687 (Fla. Dist. Ct. App. 2003)

. . . State, 813 So.2d 22, 25 (Fla.2002) (“Section 948.01(13) [providing for drug offender probation] ... applies . . .

I. WILSON, v. STATE, 853 So. 2d 514 (Fla. Dist. Ct. App. 2003)

. . . Section 948.01, Florida Statutes (2000). PETERSON, THOMPSON and MONACO, JJ., concur. . . .

STALEY, v. STATE, 851 So. 2d 805 (Fla. Dist. Ct. App. 2003)

. . . Section 948.01(13), which authorizes drug offender probation, specifically states that such probation . . .

RICHARDSON, v. STATE, 884 So. 2d 950 (Fla. Dist. Ct. App. 2003)

. . . See § 948.01(2), Fla. Stat.; Fla. R.Crim. P. 3.790(a). . . . See § 948.01(2), Fla. Stat. (2002); State v. Summers, 642 So.2d 742, 744 (Fla.1994); Villery v. . . .

STATE v. SYLVIO,, 846 So. 2d 1271 (Fla. Dist. Ct. App. 2003)

. . . guilty has been rendered and place the defendant on probation provided that the requirements of section 948.01 . . .

MONTGOMERY, v. STATE, 821 So. 2d 464 (Fla. Dist. Ct. App. 2002)

. . . . § 948.01(2) and (3), Fla. Stat. (1999). See also Raulerson v. . . .

ELLIS, v. STATE, 816 So. 2d 759 (Fla. Dist. Ct. App. 2002)

. . . probation” appears in only two places in chapter 948, the definition section noted above and in section 948.01 . . . Section 948.01(13), Florida Statutes (2001) specifically provides: If it appears to the court upon a . . . Thus, while a sentence under 948.01(13) or 948.034 may be restricted to violations of chapter 893.13, . . .

HARRIS, v. STATE, 879 So. 2d 1223 (Fla. Dist. Ct. App. 2002)

. . . Subsection 948.03(7) does permit residential treatment, and section 948.01(8), Florida Statutes (1995 . . .

SAINZ, v. STATE, 811 So. 2d 683 (Fla. Dist. Ct. App. 2002)

. . . Summers, 642 So.2d 742, 744 (Fla.1994); Bateh, 110 So.2d at 10; Helton, 106 So.2d at 81; §§ 948.01(11 . . .

JONES, v. STATE, 813 So. 2d 22 (Fla. 2002)

. . . that section 948.01(13) not be exempt from the guidelines. . . . See § 948.01(13), Fla. Stat. . . . See § 948.01(13), Florida Statutes (2000). . . . of sentence and place the defendant on drug offender probation.” § 948.01(13), Fla. . . . In contrast, sections 948.01(13) and 948.034 are sentencing options. . . . . I respectfully dissent as I conclude that section 948.01(13), Florida Statutes (Supp. 1998), does not . . . The Legislature did not do so in adopting section 948.01(13). . . . See § 948.01(13), Fla. Stat. . . . Section 948.01(11) provided in pertinent part: “The court may also impose ... which may be followed_” . . . However, such an exemption is not mentioned in section 948.01(11) or any place else in section 948.01 . . .

PUNTA, v. STATE, 806 So. 2d 569 (Fla. Dist. Ct. App. 2002)

. . . sentence of community control followed by probation was illegal because it was prohibited by section 948.01 . . .

W. MOORE, v. STEPHENS, Jr., 804 So. 2d 575 (Fla. Dist. Ct. App. 2002)

. . . probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.01 . . .

SAINZ, v. STATE, 811 So. 2d 674 (Fla. Dist. Ct. App. 2001)

. . . Summers, 642 So.2d 742, 744 (Fla.1994); Bateh, 110 So.2d at 10; Helton, 106 So.2d at 81; §§ 948.01(11 . . .

STATE v. ACKERMAN,, 785 So. 2d 1229 (Fla. Dist. Ct. App. 2001)

. . . order -withholding adjudication and placing Ackerman on drug offender probation, pursuant to section 948.01 . . . The assistant state attorney responded, “I think the Court can consider' — under 948.01, if the Court . . . The state first objected to Ack-erman being unlawfully sentenced under section 948.01(13) six weeks after . . . It also found, as to the state’s notice of the motion for sentencing under section 948.01(13), “that . . . It also observed that the state either agreed or acquiesced that the court could consider section 948.01 . . .

STATE v. McFADDEN,, 772 So. 2d 1209 (Fla. 2000)

. . . guilty has been rendered and place the defendant on probation provided that the requirements of section 948.01 . . . adjudicated guilty, the court still has the discretion to withhold adjudication pursuant to section 948.01 . . . court has found that “the defendant is not likely again to engage in a criminal course of conduct.” § 948.01 . . . The statutory authority for rule 3.670 is found in section 948.01(2), Florida Statutes (1997), which . . .

AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE, 779 So. 2d 1290 (Fla. 2000)

. . . See § 948.01(2), Fla. Stat. (1999). . . . See § 948.01(2), Fla. Stat. (1999); Fla. R.Crim. . . . withhold the imposition of sentence upon such defendant and shall place the defendant upon probation. § 948.01 . . .

LANDEVERDE, v. STATE, 769 So. 2d 457 (Fla. Dist. Ct. App. 2000)

. . . .” § 948.01(2), Fla. Stat. (1997). . . . and withhold the imposition of sentence regardless of whether adjudication of guilt is withheld. § 948.01 . . .

STATE v. JONES,, 772 So. 2d 40 (Fla. Dist. Ct. App. 2000)

. . . court erred when it sentenced Alethia Jones to two years’ drug offender probation pursuant to section 948.01 . . . The trial court concluded that it had the discretion under section 948.01(13) to order drug offender . . . The statute which is applicable in the present case, section 948.01(13), does not contain such a provision . . . 740, 741 (Fla.1994), the supreme court, in dicta, discussed the fact that sentencing under section 948.01 . . . The Williams opinion specifically held that the drug treatment options pursuant to section 948.01(13) . . .

RAULERSON, v. STATE v. v. v. v. Jr. v. v. v. E. v. v. v. v., 763 So. 2d 285 (Fla. 2000)

. . . More specifically, the defendants asserted that because a trial court may, pursuant to section 948.01 . . . (c) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . 'The First District analyzed section 948.01(2), Florida Statutes, which authorizes a court to withhold . . . Gloster, 703 So.2d 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(1)(a)3; Fla. . . .

STATE v. MOSS,, 758 So. 2d 1275 (Fla. Dist. Ct. App. 2000)

. . . We affirm appellee’s downward sentence pursuant to section 948.01(13), Florida Statutes (1997). . . .

CHUPKA, v. STATE, 775 So. 2d 315 (Fla. Dist. Ct. App. 2000)

. . . Section 948.01(6), Florida Statutes (1995), provides that a trial court may, in its discretion, impose . . . We conclude that section 948.01(6) would also support a split sentence where the period of supervision . . .

MOORE, v. STATE, 755 So. 2d 806 (Fla. Dist. Ct. App. 2000)

. . . probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.01 . . .

STATE v. A. HADDAD,, 750 So. 2d 139 (Fla. Dist. Ct. App. 2000)

. . . This statutory provision goes on to state that “[n]ot-withstanding s. 948.01, adjudication of guilt or . . .

GRANT, v. STATE, 745 So. 2d 519 (Fla. Dist. Ct. App. 1999)

. . . Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141, 948.06, 948.01 . . .

C. VICARIA, v. STATE, 743 So. 2d 644 (Fla. Dist. Ct. App. 1999)

. . . discretion, adjudge a defendant guilty, or stay and withhold adjudication of guilty, pursuant to section 948.01 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND b, 760 So. 2d 67 (Fla. 1999)

. . . Last sentence was added to permit the judge to operate under section 948.01(3), Florida Statutes. . . .

XIONG, v. IMMIGRATION AND NATURALIZATION SERVICE,, 173 F.3d 601 (7th Cir. 1999)

. . . . § 948.01(5). . . . Stat. § 948.01(6). . . .

STATE v. LANCASTER,, 731 So. 2d 1227 (Fla. 1998)

. . . conditional release as described in chapter 947, probation or community control as described in s. 948.01 . . .

STATE v. WILLIAMS,, 759 So. 2d 1 (Fla. Dist. Ct. App. 1998)

. . . Section 948.01(13), Florida Statutes (1997), authorizes “drug offender probation” for chronic substance . . . Sentences under sections 948.034 and 948.01(13) are not technically “departures” since they are imposed . . . The terms of “drug offender probation,” pursuant to section 948.01(13)(a), require the court to place . . . Violation of probation imposed under either section 948.01(13) or 948.034 may lead to a sentence under . . . See §§ 948.034(0(0 & 948.01 (13)(b). . . .

YOUNG, v. STATE, 719 So. 2d 1010 (Fla. Dist. Ct. App. 1998)

. . . Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141, 948.06, 948.01 . . .

L. SWEENEY, v. SMITH,, 9 F. Supp. 2d 1023 (E.D. Wis. 1998)

. . . . § 948.01(5)(a)-(b). . . . Stat. § 948.01(5) explicitly describe, in graphic detail, the conduct required for each act. . . .

STATE v. KEIRN,, 720 So. 2d 1085 (Fla. Dist. Ct. App. 1998)

. . . (e) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . Gloster, 703 So.2d 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(l)(a)3; Fla. . . .

D. DUPREE, v. STATE, 708 So. 2d 968 (Fla. Dist. Ct. App. 1998)

. . . State, 688 So.2d 1008, 1009 (Fla. 1st DCA 1997); see § 948.01(4), Fla. . . .

STATE v. GLOSTER,, 703 So. 2d 1174 (Fla. Dist. Ct. App. 1997)

. . . (c) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . Section 948.01(2), Florida Statutes (Supp.1996), is the source of the power to withhold adjudication . . .

E. McMILLAN, v. STATE, 701 So. 2d 1214 (Fla. Dist. Ct. App. 1997)

. . . postconviction relief, arguing that the court which accepted his initial plea was precluded, under section 948.01 . . .

STATE v. POWELL, III,, 703 So. 2d 444 (Fla. 1997)

. . . In section 948.01(6),[] the legislature empowers trial courts to impose a split sentence “whereby the . . . Because the conditional suspended sentence does not appear to violate section 948.01(6) and is compatible . . . with the sentencing policy announced in 948.01(11), we conclude that it is an authorized sentence. . . . Section 948.01(6), Florida Statutes (1995), states in pertinent part: (6) Whenever punishment by imprisonment . . . Section 948.01(11), Florida Statutes (1995), states: (11) The court may also impose a split sentence . . .

L. TUCKER, v. STATE, 701 So. 2d 398 (Fla. Dist. Ct. App. 1997)

. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .