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Florida Statute 948.06 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including 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 Casetext

Amendments to 948.06


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

S948.06 - PROB VIOLATION - - N: N



Annotations, Discussions, Cases:

Cases from cite.case.law:

DUNN, v. STATE, 275 So. 3d 830 (Fla. App. Ct. 2019)

. . . See § 948.06(8)(e)1., Fla. . . . a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06 . . .

NEGRON GIL DE RUBIO, DOC v. STATE, 272 So. 3d 811 (Fla. App. Ct. 2019)

. . . State, 56 So. 3d 65, 67 (Fla. 2d DCA 2011) (Altenbernd, J., concurring) (citing § 948.06(2)(e), Fla. . . .

S. OSBORNE, v. STATE, 272 So. 3d 794 (Fla. App. Ct. 2019)

. . . While section 948.06, Florida Statutes (2018), requires notice and a hearing before a court may modify . . . hearing, even though defendant agreed to modification, but distinguishing modification under section 948.06 . . . Thus, the notice and hearing requirements of section 948.06 are not applicable. . . .

STATE v. RINCON,, 273 So. 3d 1101 (Fla. App. Ct. 2019)

. . . The State maintains that the trial court neglected to abide by the procedural imperatives of section 948.06 . . . While section 948.06(2)(c) authorizes the trial court to dismiss a probation violation, section 948.06 . . . (8), by its express provisions, controls over section 948.06(2)(c). § 948.06(8)(a), Fla. . . . Section 948.06(8)(d) provides: The court shall not dismiss the probation or community control violation . . . The trial court did not follow the procedural requirements of section 948.06(8)(d) and (e). . . .

BYRA, DOC v. STATE, 268 So. 3d 207 (Fla. App. Ct. 2019)

. . . ." § 948.06(2)(b), Fla. Stat. (2017) (emphasis added). . . .

C. COBB, v. STATE, 266 So. 3d 1290 (Fla. App. Ct. 2019)

. . . See § 948.06(1)(f), Fla. Stat. (2014) ; Blackshear v. . . .

COOPER, v. STATE, 267 So. 3d 558 (Fla. App. Ct. 2019)

. . . SUBSTANTIVE VIOLATION AND IMPOSES A SENTENCE ABOVE THE YOUTHFUL OFFENDER CAP UNDER SECTIONS 958.14[ ] AND 948.06 . . . Answering this question in the affirmative, the court held that section 948.06(2)(b)"clearly provides . . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . . he or she was found guilty, whichever is less, with credit for time served while incarcerated."). § 948.06 . . .

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

. . . point, the trial court was free to impose any sentence which it might have originally imposed, see § 948.06 . . .

KEENE, v. STATE, 266 So. 3d 1264 (Fla. App. Ct. 2019)

. . . The court relied on language in section 948.06(1)(f), Florida Statutes, stating that a probationary period . . . We agree with Keene that the lower court erred in relying on the tolling provisions of section 948.06 . . . See § 948.06(2)(g), Fla. Stat. . . .

MOORE, v. STATE, 268 So. 3d 792 (Fla. App. Ct. 2019)

. . . Additionally, we stated: A trial court's finding under section 948.06(8)(e) as to whether a defendant . . . Section 948.06(8) defines a VFOSC, in part, as "a person who is on ... . . . ." § 948.06(8)(b) 1., Fla. Stat. (2009). . . . . § 948.06(8)(c) 2., Fla. Stat. (2009). . . . On resentencing the trial court shall comply with the provisions of section 948.06(8). . . .

L. THOMPSON, v. STATE, 265 So. 3d 700 (Fla. App. Ct. 2019)

. . . Section 948.06(8) provides: (b) For purposes of this section ... the term "violent felony offender of . . . community control or may place the probationer into community control as provided in this section. § 948.06 . . . However, it did not indicate that the court had considered any of the factors in section 948.06(8)(e) . . . On appeal, Whittaker argued the trial court failed to comply with section 948.06(8). Id. . . . another sentencing hearing to allow the court to make the necessary written findings under section 948.06 . . .

PADILLA- PADIAL, v. STATE, 263 So. 3d 249 (Fla. App. Ct. 2019)

. . . felony offender of special concern and his release posed a danger to the community pursuant to section 948.06 . . .

STICKNEY, v. STATE, 263 So. 3d 67 (Fla. App. Ct. 2019)

. . . First, the trial court erred by failing to file written findings pursuant to section 948.06(8)(e)1., . . . See § 948.06(8)(e)1., Fla. Stat.; Barber v. State , 207 So.3d 379, 384 (Fla. 5th DCA 2016). . . . a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06 . . . Here, the trial court orally pronounced reasons consistent with one or more factors under section 948.06 . . . See § 948.06(8)(e)1., Fla. Stat.; Arnone , 204 So.3d at 557. . . .

HODGES, v. STATE, 262 So. 3d 842 (Fla. App. Ct. 2018)

. . . State , 197 So.3d 572 (Fla. 4th DCA 2016), in which the Fourth District explained: Section 948.06(1)( . . . recognizes that a probationer's absconsion from supervision during his probationary term, apart from section 948.06 . . . arrested on this warrant before his probation expired, his probation was tolled by operation of section 948.06 . . . Effective July 1, 2017, the legislature amended section 948.06(1)(f) to remove the requirement that the . . .

TURNER, v. STATE, 261 So. 3d 729 (Fla. App. Ct. 2018)

. . . See § 948.06(1). . . .

STATE v. WILLIAMS,, 260 So. 3d 472 (Fla. App. Ct. 2018)

. . . affidavit, arguing that it properly tolled Williams' probationary period pursuant to the version of section 948.06 . . . Mobley because it improperly interpreted section 901.02, Florida Statutes, as it is cited in section 948.06 . . . Instead, the State argues that Mobley did not apply because Mobley interpreted a version of section 948.06 . . .

POWERS, v. STATE, 260 So. 3d 318 (Fla. App. Ct. 2018)

. . . Specifically, Appellant points out that section 948.06(1)(f), Florida Statutes, which provides for tolling . . . The State agrees that the tolling provisions of section 948.06(1) are inapplicable to the 1999 grand . . . State , 126 So.3d 405, 408 (Fla. 2d DCA 2013) (holding that the tolling provisions of section 948.06( . . .

HERNANDEZ, v. STATE, 259 So. 3d 907 (Fla. App. Ct. 2018)

. . . See § 948.06(8), Fla. Stat. (2012). We reject the State's argument that Mr. . . . The State misreads the very terms of section 948.06(8). . . .

BROWN, v. STATE, 260 So. 3d 1101 (Fla. App. Ct. 2018)

. . . set forth statutory procedures that are analogous to probation revocation procedures under section 948.06 . . .

BENOIT, v. CITY OF LAKE CITY, FLORIDA, a L., 343 F. Supp. 3d 1219 (M.D. Fla. 2018)

. . . section 784.048(2) ; and (3) violating the terms of his probation in violation of Florida Statute section 948.06 . . . Lastly, Florida Statute section 948.06(1)(a) provides that whenever an officer has reasonable grounds . . . See id. § 948.06(1)(a). . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . or restitution is committed by a violent felony offender of special concern as defined in s . ection 948.06 . . . deems the unforfeited gain time previously awarded on the above case/count forfeited under section 948.06 . . .

PARKS, v. STATE, 256 So. 3d 969 (Fla. App. Ct. 2018)

. . . SUBSTANTIVE VIOLATION AND IMPOSES A SENTENCE ABOVE THE YOUTHFUL OFFENDER CAP UNDER SECTIONS 958.14 AND 948.06 . . .

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

. . . The trial court continued: "But the absconsion tolling doesn't ride under section 948.06. . . . It rides under the existing case law ... that was developed prior to [s]ection 948.06 being amended as . . . See § 948.06(1)(f). All three situations require the filing of a VOP affidavit. . . . See § 948.06(1)(f). . . . Compare § 948.06, Fla. . . .

SCOTT, v. STATE, 253 So. 3d 125 (Fla. App. Ct. 2018)

. . . See, e.g. , § 948.06(1)(a), Fla. . . .

EUSTACHE, v. STATE, 248 So. 3d 1097 (Fla. 2018)

. . . SUBSTANTIVE VIOLATION AND IMPOSES A SENTENCE ABOVE THE YOUTHFUL OFFENDER CAP UNDER SECTIONS 958.14 AND 948.06 . . . that a youthful offender who violates probation or community control is to be sentenced under section 948.06 . . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . . Section 948.06(2)(b) provides, If probation or community control is revoked, the court shall adjudge . . . Focusing on the plain language of section 948.06(2)(b), which applies to all violations of probation . . . Rule of Lenity First, I disagree with the majority's conclusion that sections 958.14 and 948.06, Florida . . . Although the majority's interpretation of sections 958.14 and 948.06, Florida Statutes (2017), is not . . . Thus, the meaning of "maximum sentence" in the context of sections 958.14 and 948.06 appears to be ambiguous . . .

SMITH, v. STATE, 248 So. 3d 235 (Fla. App. Ct. 2018)

. . . hearing, the trial court found him to be a violent offender of special concern pursuant to section 948.06 . . . the judge must make written findings as to whether that individual poses a danger to the community. § 948.06 . . . in the mouth" while on probation, which was consistent with one or more factors listed under section 948.06 . . . See §§ 948.06(8)(e)(1)(a) ("The nature and circumstances of the violation and any new offenses charged . . . These findings were appropriately reduced to writing pursuant to section 948.06(8)(e)(1). . . .

THOMPSON, v. STATE, 250 So. 3d 132 (Fla. App. Ct. 2018)

. . . . § 948.06(5), Fla. Stat. (2015) ; Brown v. State , 221 So.3d 731, 733 (Fla. 1st DCA 2017). . . . S.Ct. 2064, 76 L.Ed.2d 221 (1983) ; Del Valle , 80 So.3d at 1005-06 (citing standard set forth in § 948.06 . . . of supervision despite sufficient bona fide efforts legally to acquire the resources to do so ." § 948.06 . . . originally imposed before placing the probationer or offender on probation or into community control." § 948.06 . . . sufficient bona fide efforts legally to acquire the resources " to satisfy her financial obligations. § 948.06 . . .

ESPINOZA- BRITO, v. STATE, 246 So. 3d 522 (Fla. App. Ct. 2018)

. . . Pursuant to section 948.06(2)(e), Florida Statutes (2016), "If ... probation or community control is . . .

PEATENLANE, v. STATE, 240 So. 3d 17 (Fla. App. Ct. 2018)

. . . Any other facts the court considers relevant. § 948.06(8)(e) 1., Fla. Stat. (2012). . . . ("VFOSC"). § 948.06(8)(a), Fla. Stat. (2012). . . . See § 948.06(8)(c) 12., Florida Statutes (2012). . . . ." § 948.06(8)(e) 1., Fla. Stat. (2012). . . . ." § 948.06(8)(e) 2.a., Fla. Stat. (2012). . . .

STATE v. BEERY,, 244 So. 3d 339 (Fla. App. Ct. 2018)

. . . Beery had absconded from probation, her probationary period had been tolled pursuant to section 948.06 . . . Section 948.06(1)(f), Florida Statutes (2012), provides, as relevant here, that "[u]pon the filing of . . . In Mobley, the Fourth District held that the text of "[s]ection 948.06(1)(f) is clear that a warrant . . . Mobley addressed the 2012 version of section 948.06. . . . Beery has not stated which version of section 948.06 she believes applies in this case. . . .

HARRINGTON, v. STATE, 238 So. 3d 294 (Fla. App. Ct. 2018)

. . . See § 948.06(2)(e), Fla. Stat. (2016). . . . originally imposed before placing the probationer or offender on probation or into community control." § 948.06 . . .

WETHERINGTON, v. STATE, 242 So. 3d 1061 (Fla. App. Ct. 2018)

. . . See § 948.06(8)(b)(1), (c)(3), Fla. Stat. (2015) ; Jeffers v. . . .

WELLS, v. STATE, 243 So. 3d 446 (Fla. App. Ct. 2018)

. . . the oral pronouncement that Appellant's release posed a danger to the community pursuant to section 948.06 . . . a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06 . . .

COOPER, v. STATE, 235 So. 3d 1034 (Fla. Dist. Ct. App. 2018)

. . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . . Section 958.14 dictates that violations are subject to the provisions of section 948.06, which provides . . . SUBSTANTIVE VIOLATION AND IMPOSES A SENTENCE ABOVE THE YOUTHFUL OFFENDER CAP UNDER SECTIONS 958.14 AND 948.06 . . . Section 948.06 does not, on its face, alter the sentence that the court “might have originally imposed . . . When read together, sections 958.04, 948.06, and 958.14 permit the trial court to sentence a youthful . . .

CHANEY, v. STATE, 233 So. 3d 1255 (Fla. Dist. Ct. App. 2017)

. . . See § 948.06, Fla. Stat, (2015). . . . See 948.06(8)(b)(l), Fla. Stat. (2015). . . .

JUNK, v. STATE, 230 So. 3d 984 (Fla. Dist. Ct. App. 2017)

. . . See § 948.06(2)(e), Fla. . . .

SOUZA, v. STATE, 229 So. 3d 387 (Fla. Dist. Ct. App. 2017)

. . . Appellant challenges the facial constitutionality of Section 948.06(8)(e)2., Florida Statutes (2016), . . . Because she .qualified as a “violent felony offender of special concern,” section 948.06(8)(e)2., Florida . . . Although she did not-raise the issue in the trial court, on appeal appellant argues that Section 948.06 . . . A Section 948.06(8)(e)2, danger finding is not an element, for sentencing purposes. . . . Section 948.06(8)(e)l., Florida Statutes (2016), requires “written findings as to whether or not the . . .

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

. . . See § 948.06(2)(b) & (e), Fla. Stat. (2014); State v. . . .

BROWN, v. STATE, 225 So. 3d 399 (Fla. Dist. Ct. App. 2017)

. . . “Section 948.06(8)(e)1, Florida Statutes, requires that a trial court make written findings regarding . . . a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06 . . .

WHITTAKER, v. STATE, 223 So. 3d 270 (Fla. Dist. Ct. App. 2017)

. . . “[T]he written findings requirement of section 948.06(8)(e) is mandatory, not discretionary.” . . . purposes of our discussion, section 948.06(8) can be analyzed in two parts. . . . See § 948.06(8)(b)-(d), Fla. Stat. (2016); see also Fla. R. Crim. P. 3.790(b)(3)(A). . . . See § 948.06(8)(e), Fla. Stat. (2015); see also Fla. R. Crim. P. 3.790(b)(3)(B). . . . Appellant indisputably qualifies as a VFOSC under section 948.06(8)(b)-(c). . . .

GLENN, v. STATE, 219 So. 3d 1010 (Fla. Dist. Ct. App. 2017)

. . . not providing written reasons for its finding "that he poses a danger to the community under section 948.06 . . . Section 948.06(8)(e)l, Florida Statutes, requires that a trial court make written findings regarding . . .

SIMMONS, v. STATE, 219 So. 3d 843 (Fla. Dist. Ct. App. 2017)

. . . We note that it was-not necessary for the court to conduct a “danger hearing” pursuant to section 948.06 . . .

JACOBY, v. STATE, 215 So. 3d 168 (Fla. Dist. Ct. App. 2017)

. . . Summers, 642 So.2d 742, 744 (Fla. 1994); see also § 948.06(3), Fla. Stat. (2015). . . . Young, 697 So.2d at 77; see also § 948.06(2)(b); McCall v. . . . But section 948.06(7) provides for the forfeiture of gain time upon revocation of the probationary portion . . .

L. BARBER, v. STATE, 207 So.3d 379 (Fla. Dist. Ct. App. 2016)

. . . See § 948.06(8)(e)l., Fla. Stat. (2015). . . . (8)(b)2. and 948.06(8)(c)6. . . . For purposes of our discussion, section 948.06(8) can be analyzed in two parts. . . . See § 948.06(8)(b)-(d), Fla. Stat. (2015); see also Fla. R. Crim. P. 3.790(b)(3)(A). . . . See § 948.06(8)(e), Fla. Stat. (2015); see also Fla. R. Crim. P. 3.790(b)(3)(B). . . .

ARNONE, v. STATE, 204 So.3d 556 (Fla. Dist. Ct. App. 2016)

. . . See § 948.06(8)(e)l, Fla. . . . a court orally pronounces a reason, consistent with one or more of the factors listed under section 948.06 . . .

D PLUMMER, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 663 F. App'x 839 (11th Cir. 2016)

. . . "In 1990, the legislature effectively overruled Green when it enacted what is now section 948.06(6), . . .

WILLIAMS, v. STATE, 202 So. 3d 917 (Fla. Dist. Ct. App. 2016)

. . . .” § 948.06(1)(f), Fla. Stat. . . . The statute is very specific on the warrant required: “a warrant under s. 901.02.” § 948.06(1)(f) (emphasis . . . Section 948.06(1)© is clear that a warrant under section 901.02 is required in order for the probationary . . .

EUSTACHE, v. STATE, 199 So. 3d 484 (Fla. Dist. Ct. App. 2016)

. . . youthful offender upon revocation of probation or community control supervision is governed by sections 948.06 . . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . . In turn, section 948.06 provides, in part: If probation or community control is revoked, the court shall . . . Stat. (2005) (emphasis added); see also § 948.06(2)(e), Fla. Stat. (2005). . . . was originally sentenced, regardless of the defendant’s youthful offender designation, under section 948.06 . . . Thus, the meaning of “maximum sentence” in the context of sections 958.14 and 948.06 appears to be ambiguous . . . Thus, I construe sections 948.06 and 958.14 to grant the trial court the discretion to impose a sentence . . .

DEMOTT, v. STATE, 194 So. 3d 335 (Fla. 2016)

. . . . § 948.06(2)(a) & (e), Fla. Stat. (2015). . . .

BUTLER, DOC v. STATE, 195 So. 3d 1147 (Fla. Dist. Ct. App. 2016)

. . . See § 948.06(2)(e), Fla. Stat. (2010) (emphasis added). . . .

MOBLEY, v. STATE, 192 So. 3d 622 (Fla. Dist. Ct. App. 2016)

. . . 901.02 OF THE FLORIDA STATUTES FOR THE PURPOSE OF TOLLING A PROBATIONARY PERIOD PURSUANT TO SECTION 948.06 . . .

MOBLEY, v. STATE, 197 So. 3d 572 (Fla. Dist. Ct. App. 2016)

. . . The State argues that, in this case, the tolling provisions of section 948.06(l)(f), Florida Statutes . . . this section, the probationary period is tolled until the court enters a ruling on the violation.” § 948.06 . . . The statute is very specific on the warrant required: “a warrant under s.901.02.” § 948.06(l)(f) (emphasis . . . Section 948.06(l)(f) is clear that a warrant under section 901.02 is required in order for the probationary . . .

J. ESCOBAR, v. STATE, 189 So. 3d 1029 (Fla. Dist. Ct. App. 2016)

. . . The court then considered whether the defendant was a danger to the community, as required by section 948.06 . . . articulated the court’s finding that the defendant was a danger to the community, pursuant to section 948.06 . . . hearing on May 19, 2014, and found the defendant posed a danger to the community as required by. section 948.06 . . . May 19th; and (2) finding the defendant to be a danger to the community, a requirement under section 948.06 . . .

CASTILLO, v. UNITED STATES, 816 F.3d 1300 (11th Cir. 2016)

. . . laws prohibiting the possession of firearms in violation of terms of probation contrary to section 948.06 . . .

KNIGHT, v. STATE, 187 So. 3d 307 (Fla. Dist. Ct. App. 2016)

. . . Section 948.06(2), Florida Statutes (2014), provides the trial court with the authority and discretion . . .

WILLIAMSON, v. STATE, 180 So. 3d 1224 (Fla. Dist. Ct. App. 2015)

. . . Appellant Brian Williamson was found in violation of probation, and the trial court, pursuant to section 948.06 . . . court incorrectly relied on a qualifying offense — aggravated assault — he committed before section 948.06 . . . Under section 948.06(8)(b), Florida Statutes (2014), a violent felony offender of special concern is . . . See § 948.06(8)(c)14., Fla. Stat. (2014). . . . was not on felony probation for any offense committed on or after the 2007 effective date of section 948.06 . . .

FLAGG, v. STATE, 179 So. 3d 394 (Fla. Dist. Ct. App. 2015)

. . . the terms of a community control program shall subject the youthful .offender to the provisions of s. 948.06 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . deems the unforfeited gain time previously awarded on the above case/count forfeited under section 948.06 . . .

MILLER, v. STATE, 177 So. 3d 95 (Fla. Dist. Ct. App. 2015)

. . . See § 948.06(2)(b), (e), Fla. Stat. (2006); see also Savage v. . . .

STATE v. GOMEZ,, 177 So. 3d 311 (Fla. Dist. Ct. App. 2015)

. . . failing to hold a danger hearing and in failing to make the required written findings under section 948.06 . . .

STATE v. FOLKES,, 190 So. 3d 118 (Fla. Dist. Ct. App. 2015)

. . . Bell, 854 So.2d 686, 689-90 (Fla. 5th DCA 2003) (citing -, section 948.06(1), Florida Statutes, which . . .

HENNIG, v. G. PRUMMELL, Jr. Of, 198 So. 3d 17 (Fla. Dist. Ct. App. 2015)

. . . the court [were] set in motion for revocation or modification of the probation pursuant to Section 948.06 . . . We explained that section 948.06(2)(a), Florida Statutes (2007), provides only three dispositional alternatives . . . Section 948.06(1), Florida Statutes (1995), states: Whenever within the period of probation or community . . . His term of probation was revoked, and section 948.06(1) authorized the trial court to “impose any sentence . . .

KHAN, v. STATE, 165 So. 3d 855 (Fla. Dist. Ct. App. 2015)

. . . the sentencing order contains a finding that Appellant was a danger to the community under section 948.06 . . .

MILES, v. WEINGRAD, M. D., 164 So. 3d 1208 (Fla. 2015)

. . . .’ § 948.06(5), Fla. Stat. (2004)”). Del Valle v. . . .

YEGGE, v. STATE, 186 So. 3d 553 (Fla. Dist. Ct. App. 2015)

. . . the terms of a community control program shall subject the youthful offender to the provisions-of s. 948.06 . . . Subsection 948.06(1), Florida Statutes (1983), provided that, if community control is revoked because . . . the terms of a community control program shall subject the youthful offender to the provisions of s: 948.06 . . . amendments to section 958.14 that changes this conclusion or authorizes thé limitless application of section 948.06 . . . substantive violation' of supervision youthful offenders are to be resentenced only pursuant to section 948.06 . . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . . probation shall subject the youthful offender to sentencing under the general violation statute, section 948.06 . . . originally imposed before placing the probationer on probation or the offender into community control.” § 948.06 . . .

BELL, v. STATE, 150 So. 3d 1214 (Fla. Dist. Ct. App. 2014)

. . . See § 948.06(8)(e), Florida Statutes (2013). . . .

VILLALVA, v. U. S. ATTORNEY GENERAL,, 591 F. App'x 732 (11th Cir. 2014)

. . . . § 948.06 to argue that, when probation is revoked, the offender is punished for different conduct — . . . Stat. § 948.06(2)(b))); see also Lambert v. . . .

NELSON, v. STATE, 148 So. 3d 173 (Fla. Dist. Ct. App. 2014)

. . . See § 948.06(3), Fla. . . .

JACKSON, v. STATE, 147 So. 3d 1076 (Fla. Dist. Ct. App. 2014)

. . . See § 948.06(2)(e), Fla. . . .

WILLIS, v. STATE, 141 So. 3d 611 (Fla. Dist. Ct. App. 2014)

. . . Georgia, 461 U.S. 660, 672, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), and § 948.06(4), Fla. . . .

VIERA, v. STATE, 138 So. 3d 550 (Fla. Dist. Ct. App. 2014)

. . . See § 948.06(2)(e), Fla. . . .

A. SHULTZ, v. STATE, 136 So. 3d 1232 (Fla. Dist. Ct. App. 2014)

. . . of a community control program shall subject the youthful offender to the provision[ ] of [section 948.06 . . . (1) ].”); § 948.06(1), Fla. . . .

SINGH, v. STATE, 135 So. 3d 1136 (Fla. Dist. Ct. App. 2014)

. . . However, the trial court failed to make the required written finding pursuant to section 948.06(8)(e) . . .

L. POTTS, v. STATE, 133 So. 3d 602 (Fla. Dist. Ct. App. 2014)

. . . . § 948.06, Fla. Stat. (2012); Clark v. State, 579 So.2d 109 (Fla.1991). . . .

STATE v. COUNTRYMAN,, 132 So. 3d 922 (Fla. Dist. Ct. App. 2014)

. . . court erred in withholding adjudication of guilt based on the clear and unambiguous language of section 948.06 . . .

A. M. R. a v. STATE, 134 So. 3d 502 (Fla. Dist. Ct. App. 2014)

. . . case numbers 10-445, 11-174, and 11-388 referenced the adult violation of probation statute, section 948.06 . . .

WEST, v. STATE, 129 So. 3d 1155 (Fla. Dist. Ct. App. 2014)

. . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . .

STATE v. CURRILLY,, 126 So. 3d 1244 (Fla. Dist. Ct. App. 2013)

. . . court erred in withholding adjudication of guilt based on the clear and unambiguous language of section 948.06 . . . withhold adjudication of guilt after a revocation of probation, nor did the State ever mention section 948.06 . . . Section 948.06(2)(b) provides: If probation or community control is revoked, the court shall adjudge . . .

ZABOROWSKI, v. STATE, 126 So. 3d 405 (Fla. Dist. Ct. App. 2013)

. . . See § 948.06(1), Fla. Stat. (1993). . . . (1), in effect in 1992 when Za-borowski was originally sentenced to probation and that section 948.06 . . . State, 44 So.3d 96 (Fla.2010), to assert that amendments to section 948.06(1) are procedural in nature . . . In that case, Shenfeld’s original probation began under a version of section 948.06(1) that contained . . . PRIOR TO THE ENACTMENT OF THE EXPRESS TOLLING LANGUAGE OF SECTION 948.06(1), FLORIDA STATUTES, IN 2001 . . .

HOLLEY, v. STATE, 128 So. 3d 111 (Fla. Dist. Ct. App. 2013)

. . . He contends that, based upon his reading of sections 948.06(1) and 901.02, Florida Statutes (2008), a . . .

BAILEY, a k a R. v. STATE, 136 So. 3d 617 (Fla. Dist. Ct. App. 2013)

. . . trial court’s written order imposing this designation does not satisfy the requirements of section 948.06 . . . Section 948.06(8) imposes additional requirements on the trial court when a probationer before it on . . . under s. 775.21 and has committed a qualifying offense on or after the effective date of this act. § 948.06 . . . community control or may place the probationer into community control as provided in this section. § 948.06 . . . We are not convinced that, given the intricacies of section 948.06(8), the use of such a pre-printed . . .

GARCIA- MEDINA, v. STATE, 135 So. 3d 1119 (Fla. Dist. Ct. App. 2013)

. . . Section 948.06, Florida Statutes (1987), “provides the sole means by which the court may place additional . . . Id. at 110-11; § 948.06(1), Fla. Stat. (1987). . . . Section 948.06(l)(b) requires that the Department of Corrections file an affidavit of violation and serve . . . Section 948.06 was substantially revised in 2011. See Ch.2011-38, § 2, at 511-12, Laws of Fla. . . . This provision now appears in section 948.06(l)(g), Florida Statutes (2012). . . .

T. J. J. a v. STATE, 121 So. 3d 635 (Fla. Dist. Ct. App. 2013)

. . . State, 71 So.3d 202, 204 (Fla. 5th DCA 2011) (citing § 948.06, Fla. Stat. (2010)). . . .

SAVAGE, v. STATE, 120 So. 3d 619 (Fla. Dist. Ct. App. 2013)

. . . See § 948.06(2)(a, e), Fla. Stat. (2011); Nadzo v. . . . If the trial court revokes probation, it may impose any sentence it might initially have imposed. § 948.06 . . .

D. DANIELS, v. STATE, 114 So. 3d 1108 (Fla. Dist. Ct. App. 2013)

. . . See § 948.06(8)(d), Fla. Stat. (2009). . . . See § 948.06(8)(d)(l), (b)(2), (c)(2). . . .

L. JEFFERS, v. STATE Of, 106 So. 3d 37 (Fla. Dist. Ct. App. 2013)

. . . After a hearing pursuant to section 948.06(8)(d), Florida Statutes (2010), the court designated Jeffers . . . as a violent offender of special concern because he committed the qualifying offense before section 948.06 . . . In Cherington, this court stated in dicta that section 948.06(8) became effective on October 1, 2007. . . . However, as the State correctly argues in its brief, it is clear that section 948.06(8) became effective . . . Lewd and lascivious battery in violation of section 800.04 is a qualifying offense under section 948.06 . . .

STATE v. MARTINEZ,, 103 So. 3d 1013 (Fla. Dist. Ct. App. 2012)

. . . Because aggravated battery is a qualifying offense under the Anti-Murder Act, § 948.06(8)(c)3., Fla. . . . he was also found to be— again, without present dispute — an unreasonable danger to the community, § 948.06 . . . violent felony offender of special concern,” the court was called upon to sentence him under section 948.06 . . . Section 948.06(8)(c)3. provides that "[a]g-gravated battery or attempted aggravated battery under s.784.045 . . . judge relied on the fact that the Criminal Punishment Code was not specifically referenced in section 948.06 . . .

JONES, v. STATE, 96 So. 3d 1122 (Fla. Dist. Ct. App. 2012)

. . . Further, the scoresheet must be corrected to delete the twelve points assessed under section 948.06(8 . . .

CHADWICK, v. STATE, 118 So. 3d 827 (Fla. Dist. Ct. App. 2012)

. . . . § 948.06(1)®, Fla. Stat. (2011). . . . error in Smartmays involved noncompliance with a provision of the pre-amendment version of section 948.06 . . . problem was that the VOP affidavit, although verified, did not meet the formal requisites of section 948.06 . . .

STATE v. LaFAVE,, 113 So. 3d 31 (Fla. Dist. Ct. App. 2012)

. . . with specific procedures for enhancing terms of a previously imposed probation pursuant to section 948.06 . . .

T. L. H. v. STATE, 93 So. 3d 396 (Fla. Dist. Ct. App. 2012)

. . . Fifth District held that, unlike the statutory provisions governing adult probation, especially section 948.06 . . .

V. JOHNSON, v. STATE, 126 So. 3d 1129 (Fla. Dist. Ct. App. 2012)

. . . determine whether the failure to pay was willful; and (2) whether the burden-shifting scheme of section 948.06 . . . constitutional to place the burden on the probationer to prove inability to pay, the aspect of section 948.06 . . . We further consider that the Legislature has not amended section 948.06(5) with respect to placing the . . . In light of the supreme court’s recent interpretation of section 948.06(5), it is clear that the trial . . . As noted by the court, the 2008 version of section 948.06(5) at issue in Del Valle, and the case at bar . . .

MARTIN, v. STATE, 87 So. 3d 813 (Fla. Dist. Ct. App. 2012)

. . . . § 948.06(8)(e), Fla. Stat. (2010). . . . However, the trial court orally pronounced a reason that is consistent with section 948.06(8)(e)(l)(c . . .

BROOKS, v. STATE, 114 So. 3d 965 (Fla. Dist. Ct. App. 2012)

. . . Section 948.06, Florida Statutes (2009), places the burden on the non-paying probationer to prove inability . . . determine whether the failure to pay was willful; and (2) whether the burden-shifting scheme of section 948.06 . . . constitutional to place the burden on the probationer to prove inability to pay, the aspect of section 948.06 . . .

PHILEMON, v. STATE, 82 So. 3d 200 (Fla. Dist. Ct. App. 2012)

. . . See § 948.06(5), Fla. . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE, 84 So. 3d 254 (Fla. 2012)

. . . The proposals are in response to recent amendments to section 948.06(l)(d), Florida Statutes (2010), . . . Under section 948.06(l)(d)l.a., as amended, a defendant who is arrested for violating his or her probation . . . In addition, sections 948.06(l)(d)2. and 3., as amended, identify factors the court may consider at the . . .

DEL VALLE, v. STATE, 80 So. 3d 999 (Fla. 2011)

. . . central issue presented by this case, in which the petitioner challenges the constitutionality of section 948.06 . . . the clear meaning of the statutory text, the majority invokes the avoidance canon and treats section 948.06 . . . Our decision in Stephens does not address the enforcement or constitutionality of section 948.06(5). . . . The majority states that section 948.06(5)’s burden-shifting scheme “is constitutionally permissible, . . . It does violence to section 948.06(5), and it does violence to the avoidance canon. . . . The majority holds that the requirement of section 948.06(5), Florida Statutes (2011), that a defendant . . . The majority has failed to demonstrate that section 948.06(5) is unconstitutional, and has incorrectly . . . See id. § 948.06(5). . . . State, 902 So.2d 905, 907 n. 1 (Fla. 2d DCA 2005) (“[S]eetion 948.06(5), despite its plain language, . . . Section 948.06(5), however, expresses with indisputable clarity the Legislature’s intent to shift the . . . determine whether the failure to pay was willful; and (2) whether the burden-shifting scheme of section 948.06 . . . This provision in the statute was added in 1984 as section 948.06(4). . . . scheme of section 948.06(5). . . . The problem with section 948.06(5) is not what is in the statute, but rather what is not. . . . Section 948.06(4), Florida Statutes (1989), is identical to the current section 948.06(5) for purposes . . .

SIPLEN, v. STATE, 75 So. 3d 805 (Fla. Dist. Ct. App. 2011)

. . . entitled “On Site Violation of Probation Felony,” and identified as a third degree felony under section 948.06 . . . Section 948.06(1) deals with the power of law enforcement to arrest a probationer without a warrant if . . .

STATE v. VALERA,, 75 So. 3d 330 (Fla. Dist. Ct. App. 2011)

. . . erred by sentencing appellee to a sentence below the minimum mandatory in contravention of section 948.06 . . .

GOLDWIRE, v. STATE, 73 So. 3d 844 (Fla. Dist. Ct. App. 2011)

. . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . . Section 948.06 states, in regards to violations of probation, that “the court may revoke, modify, or . . . continue the probation or community control or place the probationer into community control.” § 948.06 . . .