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Florida Statute 948.08 | Lawyer Caselaw & Research
F.S. 948.08 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
F.S. 948.08
948.08 Pretrial intervention program.
(1) The department shall supervise pretrial intervention programs for persons charged with a crime, before or after any information has been filed or an indictment has been returned in the circuit court. Such programs shall provide appropriate counseling, education, supervision, and medical and psychological treatment as available and when appropriate for the persons released to such programs.
(2) Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial intervention program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the initial appearance hearing of the offender. However, the defendant may not be released to the pretrial intervention program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion. The defendant or the defendant’s immediate family may not personally contact the victim or the victim’s immediate family to acquire the victim’s consent under this section.
(3) The criminal charges against an offender admitted to the program shall be continued without final disposition for a period of 90 days after the date the offender was released to the program, if the offender’s participation in the program is satisfactory, and for an additional 90 days upon the request of the program administrator and consent of the state attorney, if the offender’s participation in the program is satisfactory.
(4) Resumption of pending criminal proceedings shall be undertaken at any time if the program administrator or state attorney finds that the offender is not fulfilling his or her obligations under this plan or if the public interest so requires. The court may not appoint the public defender to represent an indigent offender released to the pretrial intervention program unless the offender’s release is revoked and the offender is subject to imprisonment if convicted.
(5) At the end of the intervention period, the administrator shall recommend:
(a) That the case revert to normal channels for prosecution in instances in which the offender’s participation in the program has been unsatisfactory;
(b) That the offender is in need of further supervision; or
(c) That dismissal of charges without prejudice shall be entered in instances in which prosecution is not deemed necessary.

The state attorney shall make the final determination as to whether the prosecution shall continue.

(6)(a) For purposes of this subsection, the term “nonviolent felony” means a third degree felony violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08.
(b) Notwithstanding any provision of this section, a person is eligible for voluntary admission into a pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period to be determined by the court, based on the clinical needs of the defendant, if he or she:
1. Is identified as having a substance abuse problem and is amenable to treatment.
2. Is charged with a nonviolent felony.
3. Is not also charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, or any other crime involving violence.
4. Has two or fewer felony convictions, provided that the prior convictions are for nonviolent felonies.
(c) Upon motion of either party or the court’s own motion, and with the agreement of the defendant, the court shall admit an eligible person into a pretrial substance abuse education and treatment intervention program, except:
1. If the state attorney believes that the facts and circumstances of the case suggest the defendant’s involvement in the dealing and selling of controlled substances, the court shall hold a preadmission hearing. If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in the dealing or selling of controlled substances, the court shall deny the defendant’s admission into a pretrial intervention program.
2. If the defendant has two or fewer prior felony convictions as provided in subparagraph (b)4., the court, in its discretion, may deny admission to such a program.
(d) While enrolled in a pretrial intervention program authorized by this subsection, the participant is subject to a coordinated strategy developed by a drug court team under s. 397.334(4). The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but is not limited to, placement in a substance abuse treatment program offered by a licensed service provider as defined in s. 397.311 or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial treatment-based drug court program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the treatment-based drug court program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under s. 943.0585.
(e) At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator pursuant to subsection (5) and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4), if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include substance abuse treatment programs offered by licensed service providers as defined in s. 397.311 or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program.
(f) Any entity, whether public or private, providing a pretrial substance abuse education and treatment intervention program under this subsection must contract with the county or appropriate governmental entity, and the terms of the contract must include, but need not be limited to, the requirements established for private entities under s. 948.15(3).
(7)(a) A person who is charged with a felony, other than a felony listed in s. 948.06(8)(c), and who is identified as a veteran or a servicemember, as defined in s. 394.47891(2)(d) or (c), respectively, and is otherwise qualified to participate in a veterans treatment court program under s. 394.47891 is eligible for admission into a veterans treatment court program pursuant to the requirements of s. 394.47891(4) and (8).
(b) While enrolled in a pretrial intervention program authorized by this subsection, the participant shall be subject to a coordinated strategy developed by a veterans’ treatment intervention team. The coordinated strategy should be modeled after the therapeutic jurisprudence principles and key components in s. 397.334(4), with treatment specific to the needs of servicemembers and veterans. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but need not be limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial veterans’ treatment intervention program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the pretrial veterans’ treatment intervention program, if otherwise eligible, may have his or her arrest record of the dismissed charges expunged under s. 943.0585.
(c) At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include treatment programs offered by licensed service providers or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program.
(8)(a) Notwithstanding any provision of this section, a defendant is eligible for voluntary admission into a pretrial mental health court program established pursuant to s. 394.47892 and approved by the chief judge of the circuit for a period to be determined by the court, based on the clinical needs of the defendant, upon motion of either party or the court’s own motion if:
1. The defendant is identified as having a mental illness; and
2. The defendant is charged with:
a. A nonviolent felony that includes a third degree felony violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08;
b. Resisting an officer with violence under s. 843.01, if the law enforcement officer and state attorney consent to the defendant’s participation;
c. Battery on a law enforcement officer under s. 784.07, if the law enforcement officer and state attorney consent to the defendant’s participation; or
d. Aggravated assault, if the victim and state attorney consent to the defendant’s participation.
(b) At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include a mental health program offered by a licensed service provider, as defined in s. 394.455, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program.
(9) The department may contract for the services and facilities necessary to operate pretrial intervention programs.
History.s. 6, ch. 74-112; s. 1, ch. 75-301; s. 24, ch. 77-120; s. 1, ch. 77-174; s. 36, ch. 79-3; s. 1, ch. 80-329; s. 9, ch. 91-225; s. 6, ch. 91-280; s. 1, ch. 93-229; ss. 1688, 1689, ch. 97-102; s. 13, ch. 97-107; s. 123, ch. 99-3; s. 1, ch. 99-152; s. 3, ch. 2001-48; s. 16, ch. 2001-110; s. 6, ch. 2002-297; s. 8, ch. 2006-97; s. 5, ch. 2009-64; s. 18, ch. 2012-159; s. 114, ch. 2013-15; s. 17, ch. 2016-127; s. 2, ch. 2019-61; s. 64, ch. 2019-167; s. 5, ch. 2021-240; s. 2, ch. 2023-191.
Note.Former s. 944.025.

F.S. 948.08 on Google Scholar

F.S. 948.08 on Casetext

Amendments to 948.08


Arrestable Offenses / Crimes under Fla. Stat. 948.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BYRD, v. STATE, 272 So. 3d 1289 (Fla. App. Ct. 2019)

. . . . § 948.08(6)(a), Fla. Stat. (2019) (specifying two exceptions not applicable here). . . . degree drug purchase/possession offense under Chapter 893 in accordance with the criteria of Section 948.08 . . . The administrative order, however, conflicts with section 948.08(6)(a), Florida Statutes, which extends . . . 444 (Fla. 4th DCA 2019) (quashing a circuit court administrative order that conflicted with section 948.08 . . .

GINCLEY, v. STATE, 267 So. 3d 444 (Fla. App. Ct. 2019)

. . . Section 948.08, Florida Statutes, establishes various pretrial intervention programs within the State . . . crimes, (2) have no prior felony convictions, and (3) not be charged with a crime involving violence. § 948.08 . . . . 4th DCA 1995) ("[T]he chief judge has exceeded his authority under both rule 2.050(b) and section 948.08 . . . Further, while section 948.08 provides for the establishment of a drug court program upon approval by . . . Feb. 15, 2017) to the extent that it conflicts with section 948.08(6). . . .

STATE v. FRANK,, 260 So. 3d 460 (Fla. App. Ct. 2018)

. . . objects to Frank's court-ordered placement in the program without its consent and argues that section 948.08 . . . Frank motioned the trial court for entry into a PTI program pursuant to section 948.08(6)(a). . . . Section 948.08(2), Florida Statutes (2018), provides that PTI is available to "[a]ny first offender . . . . Thus, entry into a PTI program under section 948.08(2) requires the State's consent. . . . Entry into a PTI program pursuant to section 948.08(6)(a) requires participation in a substance abuse . . .

UNITED STATES v. WEARING,, 865 F.3d 553 (7th Cir. 2017)

. . . . §§ 948.02, 948.08. . . .

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

. . . . § 948.08(5) (2013), and the Florida Supreme Court has recognized that admission to the PTI program . . . Stat. § 948.08(2). . . . Stat. § 948.08(5)(a)-(c). . . . Stat. § 948.08(2). . . . . § 948.08(2), who are then supervised by probation officers. Although. . . .

HARRIS, v. RYAN,, 147 So. 3d 1100 (Fla. Dist. Ct. App. 2014)

. . . See § 948.08(l)-(2), Fla. Stat. (2013). . . . Section 948.08 provides as follows: 948.08 Pretrial intervention program (1) The department shall supervise . . .

KEATING, v. STATE, 110 So. 3d 538 (Fla. Dist. Ct. App. 2013)

. . . See § 948.08(6), Fla. Stat. (2012). Section 948.08(6)(a)2 provides: 2. . . .

STATE v. Ta PUGH,, 42 So. 3d 343 (Fla. Dist. Ct. App. 2010)

. . . objects to Pugh entering the pretrial intervention program without its consent and asserts that section 948.08 . . . Section 948.08(2) provides that any first-time offender or any person previously convicted of not more . . . could only place Pugh in the program if she were charged with one of the offenses enumerated in section 948.08 . . .

STATE v. I. ESPINOZA,, 42 So. 3d 895 (Fla. Dist. Ct. App. 2010)

. . . to Espinoza’s court-ordered placement into the program without its consent and contends that section 948.08 . . . Section 948.08(2) provides that any first-time offender or any person previously convicted of not more . . . only place Espinoza in the program if she were charged with one of the offenses enumerated in section 948.08 . . .

COX, v. STATE, 35 So. 3d 47 (Fla. Dist. Ct. App. 2010)

. . . See § 948.08(2), Fla. Stat. . . .

WALKER, v. Al LAMBERTI,, 29 So. 3d 1172 (Fla. Dist. Ct. App. 2010)

. . . See § 948.08(6)(a), Fla. Stat. (2009); see also § 397.334, Fla. Stat. (2009). . . . See § 948.08(6)(c), Fla. Stat. (2009). . . . . § 948.08(6)(a), Fla. Stat. (2009). . . . Ch. 2006-97, § 8, Laws of Fla.; § 948.08(6)(b), Fla. Stat. (2006). . . . See § 948.08(6)(b), Fla. Stat. (2009). . . .

STATE v. SIMONS,, 22 So. 3d 734 (Fla. Dist. Ct. App. 2009)

. . . It is governed by section 948.08, Florida Statutes (2007), which gives the state complete discretion . . . The question thus becomes whether the state had the statutory authority under section 948.08 to withdraw . . . Section 948.08 grants the state broad discretion to withdraw an offer of PTI under almost any circumstances . . . Under section 948.08(4), the state alone has the discretion to decide if the “public interest” warrants . . . The majority skirts the authority of section 948.08 — indeed it does not even mention the statute — by . . .

STATE v. LEUKEL,, 979 So. 2d 292 (Fla. Dist. Ct. App. 2008)

. . . The State objects to the court-ordered diversion into the drug court program and asserts that section 948.08 . . . On the other hand, section 948.08(6)(a) allows defendants charged with certain crimes to be placed in . . . See § 948.08(6)(c). . . . Section 948.08(6)(a) does not support that interpretation. . . . Section 948.08(6)(a) is clear and definite in its meaning. . . .

STATE v. CASTRO,, 965 So. 2d 216 (Fla. Dist. Ct. App. 2007)

. . . Section 948.08, Florida Statutes (2006), concerning conditions of a defendant’s probation, also imposes . . .

STATE v. J. M. a, 956 So. 2d 1238 (Fla. Dist. Ct. App. 2007)

. . . It appears that the trial court may have failed to grasp the distinction between section 948.08(1-5), . . . Florida Statutes (2006), which authorizes pretrial intervention in general, and section 948.08(6), which . . . The intervention program applicable here, which does not involve substance abuse, provides in section 948.08 . . . Section 948.08(6), which is limited to pretrial intervention for substance abuse, does not contain the . . .

BATISTA, v. STATE, 951 So. 2d 1008 (Fla. Dist. Ct. App. 2007)

. . . Section 948.08, Florida Statutes, allows certain first offenders or persons convicted of not more than . . . state attorney the right to make a final determination as to whether the prosecution will continue. § 948.08 . . . There, the court recognized that the statute, section 948.08, explicitly recognizes the state’s right . . .

V. FELTON, v. B. LINCOLN, PCCF PCCF PCCF, PCCF,, 429 F. Supp. 2d 226 (D. Mass. 2006)

. . . necessary for security or safety reasons, and the reading of mail “shall be properly recorded.” 103 C.M.R. 948.08 . . .

MULLIN, v. JENNE, J. V., 890 So. 2d 543 (Fla. Dist. Ct. App. 2005)

. . . pled not guilty and “opted” into the drug court pretrial intervention program, pursuant to section 948.08 . . . See § 948.08(6), Fla. Stat. (1994). . . . Section 948.08(6) provides two alternatives when the defendant fails to successfully complete the pretrial . . . Rather, pursuant to section 948.08(6), the court continued the defendant in education and treatment — . . .

S. K. S. K. R. K. v. STATE, 881 So. 2d 1209 (Fla. Dist. Ct. App. 2004)

. . . mandatory counseling should have been required and that the terms of the agreement violated section 948.08 . . . have been set aside because the state attorney did not obtain R.K.’s consent as required by section 948.08 . . . Section 948.08(1) states that the Department shall supervise pretrial intervention programs for persons . . . The trial court was correct in holding that the provision of section 948.08(2) were inapplicable since . . . Section 948.08(2) of the Florida Statutes provides: 948.08. . . .

SWARTSEL, v. PUBLIX SUPER MARKETS, INC., 882 So. 2d 449 (Fla. Dist. Ct. App. 2004)

. . . .] § 948.08(2)-(5), Fla. Stat. (2003). . See Fla. R. Civ. . . .

DIAZ, v. STATE, 884 So. 2d 299 (Fla. Dist. Ct. App. 2004)

. . . The pretrial intervention program is governed by section 948.08, Florida Statutes (2003). . . . available to the trial court for failure to abide by the conditions of PTI are contained in section 948.08 . . .

A. LLOYD, v. STATE, 876 So. 2d 1227 (Fla. Dist. Ct. App. 2004)

. . . trial court erred in denying his motion for admission into drug court because it misconstrued section 948.08 . . . is, to put it succinctly, that the defendant would be eligible to enter the PTI program under F.S. 948.08 . . . even without the State’s consent, because he is charged with offenses that are PTI eligible under F.S. 948.08 . . . SHAHOOD and TAYLOR, JJ., concur. . § 948.08(6)(a), Fla. . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RIGHT TO TREATMENT AND REHABILITATION, 818 So. 2d 491 (Fla. 2002)

. . . See §§ 397.334, 948.08(6)(a), Fla. Stat. (2001). . . . See §§ 397.12, 397.334(c)-(d), 948.08, Fla. Stat. (2000). . . . .

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

. . . See, e.g., §§ 948.08, 948.16, Fla. Stat. (2001). . . .

JOHNSON, v. STATE, 796 So. 2d 1227 (Fla. Dist. Ct. App. 2001)

. . . appellant might have been eligible to participate in pretrial intervention as authorized by section 948.08 . . .

DOYLE, v. STATE, 783 So. 2d 295 (Fla. Dist. Ct. App. 2001)

. . . Section 948.08(2), Florida Statutes, specifically requires consultation with counsel prior to placement . . .

KING, v. NELSON,, 746 So. 2d 1217 (Fla. Dist. Ct. App. 1999)

. . . a motion to allow each defendant entry into the pretrial intervention program, pursuant to section 948.08 . . . Gullett distinguished the drug pretrial intervention program of section 948.08(6)(a) and (b) from the . . . See § 948.08(2) and (5), Fla. Stat. Compare Cleveland v. . . . State, 417 So.2d 653 (Fla.1982) (with regard to the general pretrial intervention program of section 948.08 . . . The difficulty in this case is that pursuant to section 948.08(6)(a), as a prerequisite there must be . . .

GARDNER, v. STATE, 709 So. 2d 612 (Fla. Dist. Ct. App. 1998)

. . . Section 948.08, Florida Statutes (1997), provides: Pretrial intervention program.— (6)(a) Notwithstanding . . .

VIRGO, v. STATE, 675 So. 2d 994 (Fla. Dist. Ct. App. 1996)

. . . defendant may be subjected at the option of the state to pretrial intervention pursuant to section 948.08 . . .

DEAN, v. STATE, 669 So. 2d 1140 (Fla. Dist. Ct. App. 1996)

. . . controlled substances are unlawfully sold, which has been interpreted as a clarification of section 948.08 . . .

BROCK, v. STATE, 667 So. 2d 1014 (Fla. Dist. Ct. App. 1996)

. . . We affirm as to this issue, on the authority of section 948.08(1)(k)(1), Florida Statutes (Supp.1994) . . .

ROSENBERG BAIL BONDS, v. ORANGE COUNTY,, 663 So. 2d 1389 (Fla. Dist. Ct. App. 1995)

. . . Pretrial intervention programs are provided for in Chapter 948, Probation and Community Control: 948.08 . . .

HEWLETT, v. STATE Y., 661 So. 2d 112 (Fla. Dist. Ct. App. 1995)

. . . The drug court was created by administrative order, pursuant to the authority granted by section 948.08 . . . More importantly, we find part of the administrative order under review to conflict with section 948.08 . . . Consequently, Hewlett is precluded from receiving the benefit from section 948.08(6)(c)2, which requires . . . Section 948.08(6)(c)l allows the court to order the defendant to continue in education and treatment . . . Sept. 27, 1994) to the extent that it conflicts with section 948.08(6). . . .

DELANCEY, v. STATE, 653 So. 2d 1062 (Fla. Dist. Ct. App. 1995)

. . . See § 948.08(7), Fla.Stat. (Supp.1990). It also shows that appellant adhered to Dr. . . .

STATE v. GULLETT,, 652 So. 2d 1265 (Fla. Dist. Ct. App. 1995)

. . . for the pretrial substance abuse education and treatment intervention program as provided in section 948.08 . . . by the state that the defendant was involved in the dealing or selling of controlled substances. § 948.08 . . . We reject the state’s argument that we should declare section 948.08(6)(a)-(c) to be an unconstitutional . . . See § 948.08(2) and (5). . . . In contrast, section 948.08(6) concerning the drug pretrial intervention program does not make the state . . .

STATE v. CODY,, 650 So. 2d 1030 (Fla. Dist. Ct. App. 1995)

. . . The State seeks reversal of the trial court’s dismissal of a prosecution pursuant to section 948.08(6 . . .

STATE v. UPSHAW,, 648 So. 2d 851 (Fla. Dist. Ct. App. 1995)

. . . The plea bargain was tracked and monitored under the auspices of the court and section 948.08(6), Florida . . . The relevant parts of section 948.08(6) state: (a) Notwithstanding any provision of this section, a person . . . Here, the State offered Upshaw the section 948.08 “drug court” program. . . . At the same time, it acquiesced to dismissal upon Upshaw’s successful completion of the program. § 948.08 . . . does, it could diseretionarily drop or reduce Upshaw’s charges to place Upshaw entirely within section 948.08 . . .

STATE v. RUBEL,, 647 So. 2d 995 (Fla. Dist. Ct. App. 1994)

. . . This proceeding implicates the purpose and application of section 948.08(4), Florida Statutes (1991), . . . See § 948.08(5), Fla.Stat. (1991). . . .

THE FLORIDA BAR RE AMENDMENTS TO RULES REGULATING THE FLORIDA BAR, 644 So. 2d 282 (Fla. 1994)

. . . See § 948.08, Fla.Stat. (1993). . . .

STATE v. J. FITZGERALD,, 640 So. 2d 214 (Fla. Dist. Ct. App. 1994)

. . . See § 948.08(6)(b), Fla.Stat. (1993). . . . second-degree felony and is not an offense for which statutory pretrial intervention is authorized. § 948.08 . . . Cf. § 948.08(5), Fla.Stat. (1993) (providing that at end of intervention period, "The state attorney . . .

O FARRILL, v. B. ROTHENBERG,, 635 So. 2d 1075 (Fla. Dist. Ct. App. 1994)

. . . . § 948.08(2), Fla.Stat. (1993) (emphasis added). . . . there necessarily was no “judge who presided at the initial appearance hearing of the offender.” § 948.08 . . . should be deemed to be the “judge who presided at the initial appearance hearing of the offender,” § 948.08 . . .

STATE v. TURNER,, 636 So. 2d 815 (Fla. Dist. Ct. App. 1994)

. . . because of his prior multiple felony convictions, the state objected and notwithstanding that section 948.08 . . . he state attorney shall make the final determination as to whether the prosecution shall continue. § 948.08 . . . under review and remand for reinstatement of the information and for further consistent proceedings. . 948.08 . . . completes it, Turner would not be eligible even under this scheme because of his prior felonies. § 948.08 . . . suggestion that the state may not rely upon the waiver of speedy trial rights which, under section 948.08 . . .

ROWLAND, v. STATE, 548 So. 2d 812 (Fla. Dist. Ct. App. 1989)

. . . Appellant misreads section 948.08(6), which applies solely to probationers or offenders in community . . .