The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . State, 56 So. 3d 65, 67 (Fla. 2d DCA 2011) (Altenbernd, J., concurring) (citing § 948.06(2)(e), Fla. . . .
. . . 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. . . .
. . . 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). . . .
. . . ." § 948.06(2)(b), Fla. Stat. (2017) (emphasis added). . . .
. . . See § 948.06(1)(f), Fla. Stat. (2014) ; Blackshear v. . . .
. . . 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 . . .
. . . point, the trial court was free to impose any sentence which it might have originally imposed, see § 948.06 . . .
. . . 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. . . .
. . . 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). . . .
. . . 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 . . .
. . . felony offender of special concern and his release posed a danger to the community pursuant to section 948.06 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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( . . .
. . . 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). . . .
. . . set forth statutory procedures that are analogous to probation revocation procedures under section 948.06 . . .
. . . 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). . . .
. . . 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 . . .
. . . SUBSTANTIVE VIOLATION AND IMPOSES A SENTENCE ABOVE THE YOUTHFUL OFFENDER CAP UNDER SECTIONS 958.14 AND 948.06 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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). . . .
. . . . § 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 . . .
. . . Pursuant to section 948.06(2)(e), Florida Statutes (2016), "If ... probation or community control is . . .
. . . 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). . . .
. . . 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. . . .
. . . See § 948.06(2)(e), Fla. Stat. (2016). . . . originally imposed before placing the probationer or offender on probation or into community control." § 948.06 . . .
. . . See § 948.06(8)(b)(1), (c)(3), Fla. Stat. (2015) ; Jeffers v. . . .
. . . 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 . . .
. . . 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 . . .
. . . See § 948.06, Fla. Stat, (2015). . . . See 948.06(8)(b)(l), Fla. Stat. (2015). . . .
. . . 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 . . .
. . . See § 948.06(2)(b) & (e), Fla. Stat. (2014); State v. . . .
. . . “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 . . .
. . . “[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). . . .
. . . 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 . . .
. . . We note that it was-not necessary for the court to conduct a “danger hearing” pursuant to section 948.06 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . "In 1990, the legislature effectively overruled Green when it enacted what is now section 948.06(6), . . .
. . . .” § 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 . . .
. . . 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 . . .
. . . See § 948.06(2)(e), Fla. Stat. (2010) (emphasis added). . . .
. . . 901.02 OF THE FLORIDA STATUTES FOR THE PURPOSE OF TOLLING A PROBATIONARY PERIOD PURSUANT TO SECTION 948.06 . . .
. . . 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 . . .
. . . 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 . . .
. . . laws prohibiting the possession of firearms in violation of terms of probation contrary to section 948.06 . . .
. . . Section 948.06(2), Florida Statutes (2014), provides the trial court with the authority and discretion . . .
. . . 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 . . .
. . . the terms of a community control program shall subject the youthful .offender to the provisions of s. 948.06 . . .
. . . deems the unforfeited gain time previously awarded on the above case/count forfeited under section 948.06 . . .
. . . See § 948.06(2)(b), (e), Fla. Stat. (2006); see also Savage v. . . .
. . . failing to hold a danger hearing and in failing to make the required written findings under section 948.06 . . .
. . . Bell, 854 So.2d 686, 689-90 (Fla. 5th DCA 2003) (citing -, section 948.06(1), Florida Statutes, which . . .
. . . 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 . . .
. . . the sentencing order contains a finding that Appellant was a danger to the community under section 948.06 . . .
. . . .’ § 948.06(5), Fla. Stat. (2004)”). Del Valle v. . . .
. . . 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 . . .
. . . See § 948.06(8)(e), Florida Statutes (2013). . . .
. . . . § 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. . . .
. . . Georgia, 461 U.S. 660, 672, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), and § 948.06(4), Fla. . . .
. . . of a community control program shall subject the youthful offender to the provision[ ] of [section 948.06 . . . (1) ].”); § 948.06(1), Fla. . . .
. . . However, the trial court failed to make the required written finding pursuant to section 948.06(8)(e) . . .
. . . . § 948.06, Fla. Stat. (2012); Clark v. State, 579 So.2d 109 (Fla.1991). . . .
. . . court erred in withholding adjudication of guilt based on the clear and unambiguous language of section 948.06 . . .
. . . case numbers 10-445, 11-174, and 11-388 referenced the adult violation of probation statute, section 948.06 . . .
. . . the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06 . . .
. . . 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 . . .
. . . 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 . . .
. . . He contends that, based upon his reading of sections 948.06(1) and 901.02, Florida Statutes (2008), a . . .
. . . 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 . . .
. . . 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). . . .
. . . State, 71 So.3d 202, 204 (Fla. 5th DCA 2011) (citing § 948.06, Fla. Stat. (2010)). . . .
. . . 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 . . .
. . . See § 948.06(8)(d), Fla. Stat. (2009). . . . See § 948.06(8)(d)(l), (b)(2), (c)(2). . . .
. . . 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 . . .
. . . 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 . . .
. . . Further, the scoresheet must be corrected to delete the twelve points assessed under section 948.06(8 . . .
. . . . § 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 . . .
. . . with specific procedures for enhancing terms of a previously imposed probation pursuant to section 948.06 . . .
. . . Fifth District held that, unlike the statutory provisions governing adult probation, especially section 948.06 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . erred by sentencing appellee to a sentence below the minimum mandatory in contravention of 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 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 . . .