Florida/Georgia Personal Injury & Workers Compensation

allowed by the trial court sub judice pursuant to Section 948.01(1) without an actual adjudication of guilt

incarceration as a condition of probation. Section 948.01, Florida Statutes (1979), authorizes the trial

...[10] when he committed this crime. Trotter had previously been convicted and sentenced for burglary and robbery. His sentence was community control which he was serving when he committed this homicide. Community control and probation are defined in section 948.001, Florida Statutes (1985): (1) "Community control" means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads....

...overcrowding while still providing a sufficient measure of public safety and assuring an element of punishment." Id. § 2(4) (emphasis added). Probation is the noncustodial alternative, while community control is the nonprison custodial alternative. § 948.001....

...overcrowding while still providing a sufficient measure of public safety and assuring an element of punishment." Id. § 2(4) (emphasis added). Probation is the noncustodial alternative, while community control is the nonprison custodial alternative. § 948.001....

great public importance: DO THE PROVISIONS OF SECTION 948.01, FLORIDA STATUTES (1989), AUTHORIZE THE IMPOSITION

SENTENCE STAYED AND WITHHELD (AS PERMITTED BY § 948.01(4), FLA. STAT., F.S.A.), UPON REVOCATION OF THE

imposed under Florida's split sentencing statute, Section 948.01(4), Florida Statutes (1975), must be within

...The government relies on Florida law to inform its interpretation. Chapter 948 of the Florida Statutes, entitled “Probation and Community Control,” defines probation as “a form of community supervision requiring specified contacts with parole and probation officers.” Fla. Stat. § 948.001(5)....

...The same 8 statute defines community control as “a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads.” Fla. Stat. § 948.001(2)....

...We conclude *1066 that the modification order did not violate the double jeopardy clause. To begin with, probation is "a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s. 948.03." § 948.001(2), Fla....

...rime . . . and their status as chronic substance abusers." Id. at 24. As defined by statute, drug offender probation is "a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans." § 948.001(4), Fla....

...eed to comply with the requirements of drug offender probation—"a form of intensive supervision which emphasizes treatment of drug offenders in accordance with *237 individualized treatment plans administered by officers with restricted caseloads." § 948.001(4), Fla....

order of probation entered the same date. F.S. Section 948.01(1), F.S.A. The order of probation was for a

split sentence since, at the time of the crime, Section 948.01(4), Florida Statutes (1971), did not allow

F.3d 1297, 1298 (11th Cir. 2005). Under Florida Statute 948.01(2), the district court has the discretionary

sentencing options available at that time. In section 948.01(6),[[1]] the legislature empowers trial courts

...Community control is “a form of intensive, supervised custody in the community, . . . in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.” Fla. Stat. § 948.001....

revoking probation. Instead, the court interpreted section 948.01(4), Florida Statutes,[7] which states that

to withhold adjudication and order probation. § 948.01, Fla. Stat. (1981). Moreover, where drug charges

appellant on probation pursuant to the authority of § 948.01(4), Fla. Stat., F.S.A., which reads as follows:

presently suffer the penalty imposed by law... ." § 948.01(3), Fla. Stat. (1975). The required findings under

imposition of a sentence may be deferred. F.S. § 948.01(3), F.S.A., provides that "* * * if it appears

jail split-sentence situation provided in F.S. Section 948.01(4), F.S.A., and in Florida the trial judge

conduct to be punishable as a felony, and because § 948.01, Fla. Stat., allows this Court to withhold adjudication

that because a trial court may, pursuant to section 948.01, Florida Statutes (1995), withhold an adjudication

In doing so the judge acted pursuant to F.S. Section 948.01, F.S.A. It is this order which is before us

adjudicated guilty." Fla. R.Crim. P. 3.790(a); see also § 948.01(2) Fla. Stat. (2006). Thus, Peters contends that

persons 18 years of age and older." [4] Fla. Stat. § 948.01.

commission for the duration of such probation * *", § 948.01(3), Fla. Stat. 1957, F.S.A. So that there could

probation, the trial court withheld imposing sentence. § 948.01(3), Fla. Stat. (1983). Probation does not constitute

...It is defined as "a form of intensive, supervised custody in the community," pursuant to which an offender's "freedom . . . is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced." § 948.001(2), Fla....

...icers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced." § 948.001(2), Fla....

generally, Chapter 948, Florida Statutes 1951, F.S.A. § 948.01(3), because section 7 also provides that when

presently suffer the penalty imposed by law." § 948.01(2), Fla. Stat. (1997). The "penalty" is generally

to engage in a criminal course of conduct. See § 948.01(3), Fla. Stat. (1987). On the other hand, section

probation provided that the requirements of section 948.01(2), Florida Statutes (1997), are met. See also

calendar years. Notwithstanding the provisions of section 948.01, adjudication of guilt or imposition of sentence

remanded. NOTES [1] Fla.R.Crim.P. 3.380(a). [2] § 948.01(4), Fla. Stat. (1979).

...5th DCA 1998); Salzano v. State, 664 So.2d 23 (Fla. 2d DCA 1995); Melecio v. State, 662 So.2d 408 (Fla. 1st DCA 1995); Gibbs v. State, 609 So.2d 76 (Fla. 1st DCA 1992). [4] Palma; Jones; Edgerton; Salzano; Gibbs. [5] Gamble; Melecio. [6] Palma. [7] Section 948.001(7), Florida Statutes (2000), provides, in pertinent part, that the emphasis of sex offender probation is treatment of the sex offender: "Sex offender probation" or "sex offender community control" means a form of intensive supervision...

...However, none of these cases interpreting section 948.06 involve terms of community control in excess of 2 years, but instead involve revocation of probation and resentencing to incarceration. There is clearly a distinction between probation and community control. Section 948.001(2), Florida Statutes (1991) defines community control as: "[A] form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted case-loads....

whether adjudication of guilt is withheld. See § 948.01(2), Fla. Stat.; Fla. R.Crim. P. 3.790(a). Richardson

...side at a community residential drug punishment center." § 948.034(1)(a), Fla. Stat. (Supp.1998). "Placement of an offender at a community residential drug punishment center is subject to budgetary considerations and availability of bed space." Id. Section 948.001(6), Florida Statutes (Supp.1998), defines a "community residential drug punishment center" as a "residential drug punishment center designated by the Department of Corrections." The record in this case reflects that the probation and...

...set forth in section 948.03, Florida Statutes (Supp.1994), which pertain to "probation" and "community control." He alleges that drug offender probation is separate and distinct from probation and community control since it is defined separately in section 948.001, Florida Statutes (1993), and, therefore, was required to be orally pronounced....

either unknown or unnoticed by the trial court, section 948.01(1), Florida Statutes (1951), prohibited the

error even if not raised at the trial court.[2] Section 948.01, Florida Statutes (1973), which permits the

...retroactively). Custodial restraint has served in aggravation in Florida since the "sentence of imprisonment" circumstance was created, and enactment of community control simply extended traditional custody to include "custody in the community." See § 948.001, Fla....

"weapon," see 790.001(13). [4] We note that section 948.01(13) of the Florida Statutes (1993) authorizes

...der probation" on counts 3-5, following his term of incarceration on count 2. Initially the court placed the defendant on straight probation, but in the final pronouncement, he added the words "drug offender." "Drug offender probation" is defined in 948.001(4) as "a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads....

being in a possession of a firearm); Fla. Stat. § 948.01(3)(a) (specifically allows the Court to revoke

notwithstanding the provision of Chapter 948.01 or Section 948.01 of the Florida Statutes. 948.01 is that section

pursuant to the true split sentence authorized by section 948.01(4), Florida Statutes (1979). A close reading

was pointed out that the authority granted by § 948.01(4) Fla. Stat., F.S.A. to add a period of probation

exceed the term provided by general law."). Section 948.01(4), Florida Statutes (1993), provides, in relevant

imprisonment of more than one year. As is permitted by Section 948.01 of the Florida Statutes, adjudication of guilt

probation or community control as permitted by section 948.01(3), Florida Statutes, is the defendant a "convicted

incarceration, whether by parole or gain-time allowances. § 948.01(8), Fla. Stat. (1989). Glass's position is that

...offender statute-as was the case with Lowe and the previous robbery he committed in 1987-are instead put in a "community control program ." We disagree. A simple look at the relevant statutes reveals that the definition of "community control" under section 948.001(3), Florida Statutes (2011), is virtually identical to the definition of "community control program" in section 958.03(2), Florida Statutes (2011), of the Florida Youthful Offender Act....

presently suffer the penalty imposed by law... ." § 948.01(3), Fla. Stat. (1981). Until the PSI is completed

withdrawn following conviction of a felony, Fla. Stat. § 948.01(1), F.S.A. allows a court to hear and determine

originally authorizing probation in Florida (now in section 948.01(3), Florida Statutes), clearly shows that the

added to permit the judge to operate under section 948.01(3), Florida Statutes. The Florida law forming

a defendant placed on probation pursuant to section 948.01(4), Florida Statutes (1973), who subsequently

offender is serving a "split sentence pursuant to section 948.01," the trial court shall only order credit for

prosecuted Chong in its courts. Pursuant to Florida Statute 948.01(3), the state court withheld adjudication

defendant presently suffer the penalty imposed by law. § 948.01(3), Fla. Stat. (1989). Probation is a matter of

...tion officers can constitute a crime, 8 U.S.C. Sec. 1325, the record does not establish that the [defendant's] presence in the United States is in itself criminal." 627 So.2d at 543. Additionally, as appellant points out, the definitional section of 948.001 provides: "`Administrative probation' means a form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be placed by the Department of Corrections on nonreporting status until expiration of the term of supervision." § 948.001(1), Fla.Stat....

...Section 948.01(12), Florida Statutes (1995), provides: "The court may also impose split probation whereby, upon satisfactory completion of half the term of probation, the Department of Corrections may place the offender *1096 on administrative probation as defined in s. 948.001 for the remainder of the term of supervision." The trial court placed appellant on administrative probation so that appellant would not have to be present to be supervised....

(Fla. 1st DCA 1990).[1] The issue is whether section 948.01(8), Florida Statutes (1989), which precludes

passed upon the question certified."). [3] Section 948.01(2), Florida Statutes (2004), which was in effect

commence until he serves his prison sentence. See § 948.01(8), Fla. Stat. (1987). See also Van Tassel v.

...e of treatment. For example, the very definition of sex offender probation provides that it is "a form of intensive supervision . . . which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan. " § 948.001(10), Fla....

...the trial judge to specify time parameters for completion at the time of sentencing."). We agree. Sex offender treatment, like drug treatment, focuses on "rehabilitation pursuant to an individualized treatment plan." Lawson, 969 So.2d at 232; see §§ 948.001(10), 948.30(1)(c), 948.31, Fla....

probation was illegal because it was prohibited by section 948.01(12), Florida Statutes (1989), which provided

alternatives provided for in Section 948.01, Florida Statutes (1975). Section 948.01, Florida Statutes, provides

conduct to be punishable as a felony, and because § 948.01, Fla. Stat., allows this Court to withhold adjudication

sentences that may be imposed pursuant to Poore and section 948.01, Florida Statutes. The sentence does not violate

necessarily one who has been adjudicated guilty. Section 948.01, Florida Statutes, F.S.A., specifically provides:

under a true split sentence as authorized by section 948.01(4), Florida Statutes (1979), cannot equal or

must stay and withhold imposition of sentence. Section 948.01(3), Florida Statutes (1983). In this case,

imprisonment[2] to be followed by three years probation. See § 948.01(4), Fla. Stat. (1979).[3] Toombs contends that

the defendant on probation or community control. § 948.01(2) and (3), Fla. Stat. (1999). See also Raulerson

defendant presently suffer the penalty imposed by law. § 948.01(3), Fla. Stat. (1987). Indeed, in Shead v. State

authorized by section 948.01(4), Florida Statutes (1973) (codified as amended at section 948.01(8), Florida

[1] This distinction derives in part from section 948.01(3), Florida Statutes (1987) which provides

adjudication of guilt has been entered against him. Section 948.01, Florida Statutes (1975), permits the court

impermissible gap in sentencing in violation of section 948.01(8), Florida Statutes (1989).[1]See Gill v.

withholding adjudication pursuant to Florida Statute § 948.01. Orellanes’s lawyer in the state court proceeding

sentence and place the defendant upon probation. § 948.01(1), Fla. Stat. (1979). Under Chapter 958, the

appropriate restraints on the offender's liberty. § 948.01(4)(a), Fla. Stat. (1985). This program is, in

court erred in imposing unsupervised probation. Section 948.01(3), Florida Statutes (1975), authorizes the

followed by probation and is thereby contrary to F.S. § 948.01(4). (3) The trial court erred in denying appellant

reverse split sentence is a legal sentence under section 948.01(11), Florida Statutes (1991). However, we cannot

face and would be deemed valid absent Green. Section 948.01(8), Florida Statutes (1983), provides: Whenever

considerations. We agree. The contention that § 948.01 Fla. Stat. F.S.A. — When courts may place defendant

...State, 722 So.2d 950, 950 (Fla. 4th DCA 1998)). We begin our analysis by noting that pursuant to the plea agreement, Lawson specifically agreed to submit to the requirements of drug offender probation. The contours of drug offender probation are defined by section 948.001(4), Florida *489 Statutes (2005), as "a form of intensive supervision ....

certified as being of great public importance: Does Section 948.01(5), Florida Statutes (Supp. 1988) limit the

valid in the first instance. The basic statute, Section 948.01, Florida Statutes 1941, and F.S.A., empowers

2d 490 (Fla. 1974) and cases therein cited) F.S. 948.01(4) clearly provides that the granting of probation

from those alternatives is that authorized by § 948.01(4), F.S., enabling the court to sentence a defendant

when there has been an adjudication of guilt. See § 948.01(2), Fla. Stat. (1995). [2] We note that Florida

Statutes section 948.20, formerly Florida Statutes section 948.01(13), addressing drug offender probation, does

See §§ 921.187, 948.01, Fla. Stat. (1987). In section 948.01(6), the legislature empowers trial courts to

given probation, which he successfully served. Section 948.01, Fla.Stat. The district court, after a hearing

old practice of deferring sentencing.[3]*1284 Section 948.01(3), Florida Statutes, specifically provides

...re on time, “does not support the conclusion that the defendant willfully or deliberately missed the meeting”). Community control is “a form of intensive, supervised custody in the community, including surveillance on weekends and holidays.” § 948.001(3), Fla....

presently suffer the penalty imposed by law." § 948.01(2), Fla. Stat. (2018). The dissenting opinion

...fender had been committed for the offense or a period not to exceed 2 years, whichever is less. We interpret the above provision as applying to both probation and community control, since both community control and probation involve supervision. See section 948.001(2) (probation means a form of community supervision); section 948.03(2) (the court shall require intensive supervision and surveillance for an offender placed into community control)....

was available under a predecessor statute (section 948.01(13), Florida Statutes (Supp.1998)), as an alternative

of 3 years. Notwithstanding the provisions of § 948.01, adjudication of guilt or imposition of sentence

guilt be withheld pursuant to Florida Statutes § 948.01(3). Defendant argues that: (1) the withholding

less severe than incarceration. See generally § 948.01, Florida Statutes (1985). Petitioner could have

688 So.2d 1008, 1009 (Fla. 1st DCA 1997); see § 948.01(4), Fla. Stat. (1991) ("When community control

contends that upon conviction of a felony, section 948.01(3) mandates a reporting probation. We agree

on probation pursuant to the provisions of Section 948.01(3) of the Florida Statutes, which reads in

order appealed was entered pursuant to F.S. Section 948.01, F.S.A., which provides as follows: "(1) Any

...ach offense for which he is sentenced where he was under legal constraint at the time of the offense. AFFIRMED. DANIEL, C.J., and SHARP, J., concur. NOTES [1] § 812.13(2)(c) Florida Statutes (1987). [2] § 784.021(1)(b) Florida Statutes (1987). [3] § 948.001(1) Florida Statutes (1987).

defendant's motion for new trial. NOTES [1] See section 948.01, Fla. Stat. 1963, F.S.A., which permits the

appellant was "sentenced" to probation when section 948.01(3), Florida Statutes (1983), provides that

reconcile two separate pieces of legislation. Section 948.01(4), Florida Statutes (1979), permitted the

period of probation is not authorized by Fla. Stat. § 948.01(4), F.S.A. See Williams v. State, supra; Hutchins

Singleton and Grace Marie Singleton." [2] F.S. Section 948.01, F.S.A. [3] This is permitted by Section 924

in Holmes appears to be an interpretation of section 948.01(4), the same is true as to youthful offenders

again to engage in a criminal course of conduct. § 948.01(3), Fla. Stat. (1987). The first reason, therefore

answering by our supreme court. NOTES [1] Section 948.01(8), Florida Statutes (1985) provides: (8)

conditions of probation at any time pursuant to section 948.01(5), Florida Statutes (1991), "[a]bsent proof

grant probation and to set the terms thereof. Section 948.01(3), Florida Statutes (1979), provides that

State, 823 So.2d 319, 320 (Fla. 2d DCA 2002). Section 948.01(13), which authorizes drug offender probation

but once. This is why it is imperative, as section 948.01(8), Florida Statutes contemplates, that in

is authorized. See, e.g., Fla. Stat. § 948.01; United States v. Garcia, 727 F.2d

involved. The appellee argues that since a purpose of § 948.01 Fla. Stat., F.S.A., is to enable a defendant to

interpretation of F.S. § 922.051 (1971) and F.S. § 948.01(4) (1971). The first of these statutes allows

control may be imposed only for felony offenses. § 948.01(4), (8), Fla. Stat. Despite defendant's failure

affirmance was based on the state's argument that section 948.01(3)(a), Florida Statutes, authorized suspension

two year incarceration is without merit. See Section 948.01(4), Florida Statutes. Judgments and sentences

pointed out that the authority granted by Fla. Stat. § 948.01(4), F.S.A. to add a period of probation to be

...probation, drug offender, on this previous charge." The state contends that this statement at the time of sentencing placing defendant on drug offender probation also put him on constructive notice of the special conditions imposed. We do not agree. Section 948.001(4), Florida Statutes (1995), which defines drug offender probation, emphasizes "individualized treatment plans" and does not reference any special conditions of probation....

...Accordingly, we strike conditions I, II, and IV, and that portion of condition III requiring defendant to pay for the cost of random drug testing. WARNER and POLEN, JJ., concur. NOTES [1] We note that the Broward County form order of probation erroneously cites to "Chapter 948.001(3) F.S." for drug offender probation. This section now contains the statutory definition for Criminal Quarantine Community Control, although this was the correct citation for drug offender probation in the 1991 Florida Statutes, see § 948.001(3), Fla.Stat....

range is any nonstate prison sanction. See also § 948.01(4), Fla. Stat. (1991). However, Thompson did not

sentence as described in, and authorized by, section 948.01(8), Florida Statutes. Although the sentence

probation pursuant to section 948.01(13), Florida Statutes (1993). Section 948.01(13)(a) provides that

...upreme Court. See State v. Green, 547 So.2d 925 (Fla. 1989). *1333 Nevertheless, we reject appellant's contention that he is entitled to credit the time spent in community control supervision against his new sentence. Community control is defined in section 948.001(1), Florida Statutes (1987), as — a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads....

jail split-sentence procedure described in Section 948.01 (4), Florida Statutes. In the instant case

community control. The issue before us is whether Section 948.01(5), Florida Statutes (1985), limits the duration

Ackerman on drug offender probation, pursuant to section 948.01(13), Florida Statutes. Ackerman pled guilty

...ment is whether the defendant's conduct in failing to participate and complete the program was willful. The parameters of sexual offender probation are statutorily defined as a form of intensive supervision with an individualized treatment plan. See § 948.001(7), Fla....

is unauthorized by the applicable statute, section 948.01(8), Florida Statutes (1983),[1] which provides

adjudication of guilt was withheld pursuant to section 948.01(3), Florida Statutes. Clinger v. State, 533

guilty to burglary and was sentenced under Section 948.01(4), Florida Statutes (1975) to three years

terms of community control. We conclude that section 948.01(5), Florida Statutes (1987)[1] does not limit

withholding or suspending sentencing contravened section 948.01(4), Florida Statutes (1941), and was "improper"

948.01" if a prison sentence is not imposed. Section 948.01, Florida Statutes (2006), provides that "the

Florida Rule of Criminal Procedure 3.670 and section 948.01(2), Florida Statutes (1995). In a certified

probation in regard to one of the sentences. See § 948.01(8), Fla. Stat. (1987). Our conclusion is based

period of probation is not authorized by Fla. Stat. § 948.01(4), F.S.A. See Williams v. State, Fla.App. 1973

courts must "withhold the imposition of sentence." § 948.01(3), Fla. Stat. (1983). In addition, a sentence

number 84-3690CF. Pursuant to Florida Statute § 948.01,[2] the state court "withheld adjudication" and

probation. See State v. Mestas, infra. See also § 948.01(5), Fla. Stat. (1985).

288 So.2d 490 (Fla. 1974). We find nothing in Section 948.01, Florida Statutes (1979) which authorizes a

sentence for any violation of this section. Section 948.01, Florida Statutes (2007), generally allows

law for the commission of a criminal offense. Section 948.01(3), Florida Statutes, provides for probation

except Section 948.05, already discussed, and Section 948.01 which latter section delineates when a court

Ch. 89-526, §§ 6, 8, 52, Laws of Florida. [1] § 948.01(4), Fla. Stat. (1981). [2] Also included as violations

and the defendant placed on probation under section 948.01(3) of the Florida Statutes. Under those circumstances

563 (Fla. 1st DCA 1990). We recognize that section 948.01(8), Florida Statutes (1989), requires a period

, F.S.A., dealing with probation, provides in § 948.01(4) that probation can not be granted except under

(Fla. 5th DCA 1988) (Cowart, J., dissenting). Section 948.01(2), Florida Statutes (1993) still provides

placed on probation... ." (Emphasis added.) But see § 948.01(3), Fla. Stat. (1985) (when court places defendant

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

...e to the facts of this case. "Drug offender probation" is defined as "a form of intensive supervision which emphasizes treatment of drug offenders in accordance with individualized treatment plans administered by officers with restricted caseloads." § 948.001(4), Fla....

alternative non-incarcerative forms of penance. See § 948.001(9), Fla. Stat. (2016) (" 'Probation' means a form

...hall be added whenever the defendant, at the time of the offense before the court for sentencing, was on community control. Fla.R.Crim.P. 3.701(d)(6). The rule does not distinguish between the adult sanction known as community control, as defined in section 948.001, Florida Statutes (1987), and community control programs applicable to juveniles....

...The trial judge denied the defendant's motion but modified the original sentence to two years' community control followed by one year of probation. This appeal followed. We agree with the defendant that community control is a more severe sanction than probation. Section 948.001, Florida Statutes (1983), defines community control and probation as follows: (1) "Community control" means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads....

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

...Under the applicable rule points shall be added whenever the defendant, at the time of the offense before the court for sentencing, was on community control. Fla.R.Crim.P. 3.701(d)(6). The rule does not distinguish between the adult sanction known as community control, as defined in section 948.001, Florida Statutes (1987), and community control programs applicable to juveniles....

dispositions in this case were expressly pursuant to § 948.01(3) which provides in part that the trial court

sentence stayed and withheld (as permitted by § 948.01(4) Fla. Stat., F.S.A.), upon revocation of the

probation provided that the requirements of section 948.01(2), Florida Statutes, are met")(emphasis added);

sentenced him to a split sentence pursuant to Section 948.01(4), Florida Statutes. The sentence imposed

...rs with restricted caseloads, and, further, defined as an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced. Section 948.001(1), Florida Statutes (1983)....

again to engage in a criminal course of conduct." § 948.01(2), Fla.Stat. (1993). Thus, obedience to the law

the prior felony or the prior withholding. Section 948.01(2), Florida Statutes (2008), provides that

to two years community control in each case. Section 948.01(5), Florida Statutes (Supp. 1990). There is

sentencing, McKendry's counsel maintained that section 948.01, Florida Statutes (1989), concerning the trial

PRECLUDE THE IMPOSITION OF COMMUNITY CONTROL UNDER SECTION 948.01, WHERE THE GUIDELINES SCORESHEET PERMITS ANY

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

community control available for any one offense. § 948.01(5), Fla. Stat. (1989). Because the total term

and was given a five year split sentence, under § 948.01(4), Fla. Stat. (1975). The trial court ordered

...* * * * * * (7) Impose a split sentence whereby the offender is to be placed on probation upon completion of any specified period of such sentence, which period may include a term of years or less. The Act further defined the terms "community control" and "probation" and are set forth in Section 948.001, Florida Statutes (1983)....

...will be required in accordance with Fla.R.Cr.P. 3.701(d)(11). See also committee note to Fla.R.Cr.P. 3.701(d)(12). Except as set forth herein, the state's motion for rehearing or clarification is denied. SHIVERS and WENTWORTH, JJ., concur. NOTES [1] 948.001 Definitions....

...Turner must recognize, Norvil and all of the other cases upon which he relies involved the trial court's improper sentencing considerations following a trial or a guilty plea on the main offense; they did not implicate a controlee's conduct during a term of "intensive, supervised custody." See § 948.001(2), Fla....

...e probation while confined under the Ryce Act to the custody of the Department of Children and Family Services (DCFS). [1] *1236 Appellant's sentence provided that he would be placed on probation "under supervision of the Department of Corrections." Section 948.001(5), Florida Statutes (1995), defines probation as "a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s....

hearings. However, in light of the constraints of section 948.01(4), Florida Statutes (1993), we must remand

sentence was in violation of Florida Statutes, Section 948.01(4), effective July 1, 1974, Laws of Florida

pronounced and should be stricken, and that section 948.01(13)(a), Florida Statutes (1993), establishing

probation, was clearly in violation of Fla. Stat. § 948.01(4), F.S.A.[1] The state in this case, however

probation for eighteen months. See Fla. Stat. § 948.01(4), F.S.A.; Hutchins v. State, Fla.App. 3rd 1973

years or less. (emphasis added) In addition, section 948.01(4) was amended by chapter 83-131 and renumbered

following wording: "Notwithstanding the provisions of § 948.01, adjudication of guilt or IMPOSITION OF SENTENCE

So.2d 161, 164 (Fla.1988) (emphasis added). Section 948.01(6), Florida Statutes (1995), provides that

the character and background of an accused. Section 948.01(2) indicates that when requested by the court

find that the sentence is illegal. See Fla. Stat. § 948.01(4), F.S.A. See also Williams v. State, Fla.App

sentences is not more than one year." F.S. Section 948.01(4), F.S.A., provides: "Whenever punishment

contends his probation was revoked contrary to Section 948.01(4), F.S. and is therefore a nullity. Careful

...he very definition of sex offender probation. We agree. “Probation” is defined as “a form of community supervision requiring specified contacts with parole and probation officers[ 1 ] and other terms and conditions as provided in s. 948.03.” § 948.001(8), Fla....

...upervision, with or without electronic monitoring, which emphasizes treatment and supervision of a sex offender in accordance with an individualized treatment plan administered by an officer who has a restricted caseload and specialized training.” § 948.001(13), Fla....

...ffender probation. We thus reverse the order appealed. Reversed and Remanded. STEVENSON, TAYLOR and DAMOORGIAN, JJ., concur. . Chapter 948 provides for "administrative probation,” which does contemplate "nonre-porting'’ status for a probationer. § 948.001(1), Fla....

...ation of section 800.04. See § 948.013(2), Fla. Stat. (2010). . The language of the relevant provisions of chapter 948 addressed in this opinion were identical at the time of the commission of the defendant’s crimes in late 1998/early 1999. See §§ 948.001(1), (5), (10), Fla....

statute allows for alternative sentencing under section 948.01 Florida Statutes. She points out that other

sentence as that imposed at bar is authorized by section 948.01(8). Accordingly, we certify the following question

...the special condition at issue in Demott. -3-  Probation, Generally The Florida Statutes governing probation are set forth in chapter 948, entitled “Probation and Community Control.” Section 948.001(8), Florida Statutes (2015), defines probation as “a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions as provided in s....

presently suffer the penalty imposed by law.” Id. § 948.01(2). But even felony defendants who have their