The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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The Florida Bar's Criminal Procedure Rules Committee (Committee) has filed a fast-track report proposing amendments to Florida Rule of Criminal Procedure 3.790 in response to the enactment of recent legislation amending section 948.01, Florida Statutes (2021) (When court may place defendant on probation or into community control). See ch. 2022-166, § 1, Laws of Fla. The proposal was unanimously approved by the Committee and The Florida Bar Board of Governors. The Legislature recently amended section 948.01(1)(a) to authorize the Department of Corrections to supervise misdemeanor offenders when the offender is placed on probation by a circuit court and the court orders the Department to supervise the offender. Id. And section 948.01(5) was amended to remove the prohibition on private entities providing supervision for misdemeanor offenders. Id.This court must strictly construe section 322.34(6), which does not authorize sentencing under section 775.084. See § 775.021(1) ("The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused."). To the extent that section 775.084(1)(a) may conflict with section 322.34(6) by excluding only felonies defined in section 893.13, Florida Statutes (2005), from those that qualify for habitual felony offender designation and sentencing, "a specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms." McKendry v. State , 641 So. 2d 45, 46 (Fla. 1994) (first citing Adams v. Culver , 111 So. 2d 665, 667 (Fla. 1959) ; and then citing State v. Billie, 497 So. 2d 889, 894 (Fla. 2d DCA 1986) ). The specific statute is "an exception to the general terms of the more comprehensive statute." 641 So. 2d at 46 ("[S]ection 790.221(2), which specifically addresses the criminal penalty for possession of a short-barreled shotgun, prevails over section 948.01[ , Florida… Our supreme court also noted that section 948.01(13) applied only to nonviolent drug crimes whereas the sentencing guidelines applied broadly to all felonies. Id. at 25. Because a specific statute controls over a general statute, the specific language of section 948.01(13) controlled over the more general sentencing guidelines. See id.Against this background, our legislature has vested county courts with original jurisdiction "[i]n all misdemeanor cases not cognizable by the circuit courts." § 34.01(1)(a), Fla. Stat. Further, by Florida Statute, "[a]ny state court having original jurisdiction of criminal actions" is authorized to place offenders on probation, regardless of whether adjudication is withheld, § 948.01(1), Fla. Stat., and the sentencing court is permitted to "determine the terms and conditions of probation." § 948.03(1), Fla. Stat.(1) Notwithstanding the provisions of s. 948.01 [related to probation], no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193 [related to DUI], for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.(1) Notwithstanding the provisions of s. 948.01, the court may not withhold adjudication of guilt upon the defendant for:Like fines and restitution, fees and costs are also linked to culpability. Florida imposes heftier costs on felony offenders than those convicted of misdemeanors or criminal traffic offenses, and it does not impose any fees and costs if a criminal case ends in an acquittal or a nolle prosequi . See id. §§ 938.05(1), 939.06(1). Florida imposes fees and costs only on those who are convicted of a crime or who have their adjudication of guilt withheld, a process that allows the court to suspend the imposition of sentence if it determines "that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law." Id. § 948.01( 2). But even felony defendants who have their adjudication of guilt withheld are subject to the punitive and rehabilitative powers of the sentencing court: they must complete a term of probation and may have to pay both fines and costs. See State v. Tribble , 984 So. 2d 639, 640–41 (Fla. Dist. Ct. App. 2008) ; Clinger v. State , 533 So. 2d 315, 316–17 (Fla. Dist. Ct. App. 1988). The punitive nature of fees and… The beginning point for statutory interpretation is the plain meaning of words chosen by the Legislature in enacting a statute. Jimenez v. State , 246 So. 3d 219, 227 (Fla. 2018). As quoted above, a VFOSC is "a person who is on ... [f]elony probation or community control." § 948.06(8)(b) 1., Fla. Stat. Sections 948.01(1) and (3), Florida Statutes (2018), make clear that "[a]ny state court having original jurisdiction of criminal actions" may "place[ ] the defendant on probation or into community control for a felony," and it is the DOC, rather than the DJJ, that provides the supervision. § 948.01(1)(a), (3), Fla. Stat. (2018) ; see also § 948.10(1), Fla. Stat. (2018) ("The Department of Corrections shall develop and administer a community control program."). More significantly, section 949.01, Florida Statutes (2018), makes clear that the DOC and DJJ operate in different realms. § 949.01, Fla. Stat. (2018) ("Nothing in chapters 947–949 shall be construed to change or modify the law respecting parole and probation as administered by a circuit court exercising juvenile jurisdiction.").The defendant appealed, arguing her sentence violated section 948.012(1) ’s predecessor, section 948.01(8), Florida Statutes (1989). Id. Specifically, the defendant argued the trial court's imposition of the second case's probation term created a time gap between the first case's prison term and probation term, thereby violating section 948.01(8). Id.Finally, we address Kramer's argument that the trial court erred in sentencing her immediately after the return of verdict rather than continuing the sentencing hearing. In declining to continue sentencing, the trial court relied on section 316.656(1), Florida Statutes (2017), which provides, in pertinent part, that "[n]otwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.". . . ." § 948.01(2), Fla. Stat. (2018). . . .
. . . See § 948.01(1) ("Any state court having original jurisdiction of criminal actions may ... hear and determine . . .
. . . When a court, in its discretion, withholds adjudication, section 948.01(2), Florida Statutes (2016), . . .
. . . Section 948.01(2), Florida Statutes, further provides that "the court ... may either adjudge the defendant . . .
. . . Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated . . . Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated . . . provisional release credits during any portion of his sentence. ] Notwithstanding the provisions of s. 948.01 . . .
. . . State, 769 So.2d 457, 462 (Fla. 4th DCA 2000), Furthermore, under the terms of section 948.01(2), Florida . . . welfare of society do not require that the defendant presently suffer the penalty ‘imposed by law.” § 948.01 . . . Certainly, the trial court had the discretion to adjudicate Appellant guilty, .as section 948.01(2) permits . . .
. . . . §§ 948.01(1), 948.09 (1993-1994) Where a state statute contains several different crimes that are described . . .
. . . Stat. 948.01(5) (2015) (Wisconsin); Wy. Stat. Ann. § 6-2-301(a)(vi) (2010) (Wyoming). . . .
. . . serving the mandatory minimum sentence imposed pursuant to the 10-20-Life statute: Notwithstanding s. 948.01 . . .
. . . State, 541 So.2d 1140, 1141 (Fla.1989) (quoting § 948.01(3), Fla. Stat. (1985)). . . .
. . . However, in Gazda, adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it . . . See § 948.01(2), Fla. Stat. (2008). . . . Section 948.01, titled “When court may place defendant on probation or into community control,” states . . . not likely again to engage in a criminal course of conduct.’ ” McFadden, 772 So.2d at 1216 (quoting § 948.01 . . . Similar language occurs in the current version of the statute.- See § 948.01(2), Fla. Stat. (2015). . . .
. . . The State appealed'this as an illegal sentence, contending section 948.01(3), Florida Statutes (-1983 . . . At that time, section -948.01(3) provided in pertinent part: If it appears to the court ... that the . . .
. . . However, in Gazda, adjudication was not withheld pursuant to section 948.01, Florida Statutes, as it . . . See § 948.01(2), Fla. Stat. (2008). . . . Section 948.01, titled “When court may place defendant on probation or into community control,” states . . . likely again to engage in ;a criminal course of conduct.’ ” McFadden, 772 So.2d at 1216 (quoting § 948.01 . . . See § 948.01(2), Fla. Stat. (2015), . . .
. . . Stat. 948.01(1), and the government introduced a certified copy of the docket sheet from a Florida court . . . Stat. 948.01(2). We AFFIRM Barham’s convictions and sentence. . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .
. . . . § 948.01(1). . See Nijhawan v. . . .
. . . See § 948.01(4), Florida Statutes (2008) (stating that community control can be for a period of no more . . .
. . . offender is to be placed on probation upon completion of any specified period of such sentence”); § 948.01 . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .
. . . community control or probation because the DUI statute allows for alternative sentencing under section 948.01 . . . She points out that other statutes specifically prevent the trial court from using section 948.01 to . . . She is correct that the DUI statute does not appear to prohibit alternative sentencing under section 948.01 . . .
. . . . § 948.01(6) (emphasis added). . . . Stat. § 948.01(6); see also Wis. Stat. § 940.225(5)(c). . . . Stat. § 948.01(6) and Wis. . . .
. . . . § 948.01. . . . Stat. § 810.02 (1994). (2) Under Florida Statutes ... section 948.01, probation may not be imposed without . . .
. . . . § 948.01(2). . . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .
. . . Stat. (1997 & 1999); 948.01(15), Fla. Stat. (Supp. 1998 & 1999); 948.03(l)(a), (2), (5), Fla. Stat. . . .
. . . including "sexual assault of a child”), 948.02 (defining "sexual assault” to include "sexual contact”), 948.01 . . .
. . . violation of subsection (1), subsection (2), subsection (3), or subsection (4). (6) Notwithstanding s. 948.01 . . .
. . . . § 948.01(3)(b). . . .
. . . State, 779 So.2d 492, 493-94 (Fla. 2d DCA 2000); see also § 948.01(6), Fla. . . .
. . . court may “[pjlace the offender on probation with or without an adjudication of guilt pursuant to s. 948.01 . . . Section 948.01, Florida Statutes (2006), provides that “the court ... may either adjudge the defendant . . .
. . . See § 948.01(2), Fla. Stat. (2007). . . . Section 948.01(1) explains that “[i]f the court places the defendant on probation or into community control . . .
. . . . §§ 948.01, .09; Tenn.Code Ann. §§ 39-13-501,-506. . . . .
. . . Section 948.01(2), Florida Statutes (2008), provides that a trial court can place a defendant on probation . . . charge if the defendant has received a prior withholding: (1) Notwithstanding the provisions of s. 948.01 . . .
. . . Stat. ch. 948.01(2). We review questions of statutory interpretation de novo. United States v. . . . Under Florida Statute 948.01(2), the district court has the discretionary authority to withhold the adjudication . . . Anton’s restoration of rights argument was based upon his erroneous interpretation of Florida Statute 948.01 . . .
. . . . § 948.01(3)(a) (specifically allows the Court to revoke or suspend a driver’s license as part of a . . .
. . . adjudication, notwithstanding the language of section 316.1935(6), which provides: Notwithstanding s. 948.01 . . . Section 948.01, Florida Statutes (2007), generally allows a court to place a defendant on probation or . . . shotgun, section 790.221, Florida Statutes (1989), and the general sentencing statute found at section 948.01 . . .
. . . . §§ 948.12(1), 948.01(7). . . .
. . . court may “[pjlace the offender on probation with or without an adjudication of guilt pursuant to s. 948.01 . . . Section 948.01, Florida Statutes (2006), provides that “the court ... may either adjudge the defendant . . . Section 948.01(2) was formerly subsection 948.01(3). Ch. 91-280, § 1, at 2587, Laws of Fla. . . .
. . . See § 948.01, Fla. Stat. (2007); and State v. Sylvio, 846 So.2d 1271 (Fla. 4th DCA 2003). . . .
. . . P. 3.790(a); see also § 948.01(2) Fla. Stat. (2006). . . . a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.” § 948.01 . . . See § 948.01(1), Fla. Stat. (2003); see also Fla. R.Crim. . . .
. . . Section 784.08(3) provides: Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition . . . Section 948.01, Florida Statutes (2005), is the statute that generally sets forth the sentencing options . . . adjudication of youthful offenders, section 784.08(3) would have begun: “Notwithstanding the provisions of ss. 948.01 . . .
. . . chronic drug abusers who violate sections 893.13(2)(a) or (6)(a), Florida Statutes (2001); and section 948.01 . . .
. . . .” § 948.01(2), Fla. Stat. (2006); Landeverde v. State, 769 So.2d 457, 462 (Fla. 4th DCA 2000). . . .
. . . Additionally, Florida Statutes section 948.20, formerly Florida Statutes section 948.01(13), addressing . . .
. . . See also § 948.01(4), Fla. . . . it should be made clear that it is a condition of probation in conformity with section 948.031”); § 948.01 . . .
. . . Section 948.01(2), Florida Statutes (2004), which was in effect when these crimes were committed, authorizes . . .
. . . . § 948.01(4). But Kaufman is bound by the settlement agreement, see In re VMS Sec. . . .
. . . substance abusers who commit non-violent drug crimes was available under a predecessor statute (section 948.01 . . .
. . . Section 948.01(4), Florida Statutes (2004) provides for a two-year ceiling on a community control sentence . . . State, 651 So.2d 1288 (Fla. 3d DCA 1995), which apply section 948.01(4) to hold that even after a revocation . . . In sum, the two-year limitation of section 948.01(4) does not apply when community control has been revoked . . . As grounds, he argued that under section 948.01(4), 'Florida Statutes (2004), the maximum period of community . . . Section 948.01(4), Florida Statutes (2004) provides that the duration of a community control sentence . . .
. . . community control and probation is shorter than the suspended portion of incarceration”); see also § 948.01 . . .
. . . Sections 948.01, 948.06(1), Florida Statutes (2004), allows the court, upon finding a violation of probation . . .
. . . Last sentence was added to permit' the judge to operate under section 948.01(3), Florida Statutes. . . .
. . . . § 948.01(6). . . . . § 948.01(8) (1989). The same statutory language applies here, and Johnson controls. . . .
. . . Specifically, the Court referred to section 948.01(2), Florida Statutes, which provides that when a defendant . . .
. . . Crews argues that section 948.01, Florida Statutes (2002), authorized the trial court to withhold the . . . Section 948.01 provides: (1) Any court of the state having original jurisdiction of criminal actions . . . Since the supreme court decided McKendry in 1994, the legislature has not amended section 948.01. . . . (amending § 948.01, effective July 1, 1985); ch. 89-524, § 1, at 2651, Laws of Fla. . . . See § 948.01(13), Fla. Stat. (2002) (currently § 948.20, Fla. . . .
. . . that upon revocation of probation when an offender is serving a “split sentence pursuant to section 948.01 . . . Section 948.01(6) provides, in full: Whenever punishment by imprisonment for a misdemeanor or a felony . . . Section 948.01(11) provides, in pertinent part: The court may also impose a split sentence whereby the . . . Section 948.01(6) defines what this Court has described as a “true split sentence.” See Poore v. . . . State, 617 So.2d 311 (Fla.1993), we stated that the provision now found in section 948.01(6) defines . . .
. . . State, 779 So.2d 492 (Fla. 2d DCA 2000); see also § 948.01, Fla. Stat. (2002). AFFIRMED. . . .
. . . section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s. 948.01 . . .
. . . .” § 948.01(2), Fla. Stat. (1993). . . .
. . . Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not . . .
. . . State, 813 So.2d 22, 25 (Fla.2002) (“Section 948.01(13) [providing for drug offender probation] ... applies . . .
. . . Section 948.01, Florida Statutes (2000). PETERSON, THOMPSON and MONACO, JJ., concur. . . .
. . . Section 948.01(13), which authorizes drug offender probation, specifically states that such probation . . .
. . . See § 948.01(2), Fla. Stat.; Fla. R.Crim. P. 3.790(a). . . . See § 948.01(2), Fla. Stat. (2002); State v. Summers, 642 So.2d 742, 744 (Fla.1994); Villery v. . . .
. . . guilty has been rendered and place the defendant on probation provided that the requirements of section 948.01 . . .
. . . . § 948.01(2) and (3), Fla. Stat. (1999). See also Raulerson v. . . .
. . . probation” appears in only two places in chapter 948, the definition section noted above and in section 948.01 . . . Section 948.01(13), Florida Statutes (2001) specifically provides: If it appears to the court upon a . . . Thus, while a sentence under 948.01(13) or 948.034 may be restricted to violations of chapter 893.13, . . .
. . . Subsection 948.03(7) does permit residential treatment, and section 948.01(8), Florida Statutes (1995 . . .
. . . Summers, 642 So.2d 742, 744 (Fla.1994); Bateh, 110 So.2d at 10; Helton, 106 So.2d at 81; §§ 948.01(11 . . .
. . . that section 948.01(13) not be exempt from the guidelines. . . . See § 948.01(13), Fla. Stat. . . . See § 948.01(13), Florida Statutes (2000). . . . of sentence and place the defendant on drug offender probation.” § 948.01(13), Fla. . . . In contrast, sections 948.01(13) and 948.034 are sentencing options. . . . . I respectfully dissent as I conclude that section 948.01(13), Florida Statutes (Supp. 1998), does not . . . The Legislature did not do so in adopting section 948.01(13). . . . See § 948.01(13), Fla. Stat. . . . Section 948.01(11) provided in pertinent part: “The court may also impose ... which may be followed_” . . . However, such an exemption is not mentioned in section 948.01(11) or any place else in section 948.01 . . .
. . . sentence of community control followed by probation was illegal because it was prohibited by section 948.01 . . .
. . . probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.01 . . .
. . . Summers, 642 So.2d 742, 744 (Fla.1994); Bateh, 110 So.2d at 10; Helton, 106 So.2d at 81; §§ 948.01(11 . . .
. . . order -withholding adjudication and placing Ackerman on drug offender probation, pursuant to section 948.01 . . . The assistant state attorney responded, “I think the Court can consider' — under 948.01, if the Court . . . The state first objected to Ack-erman being unlawfully sentenced under section 948.01(13) six weeks after . . . It also found, as to the state’s notice of the motion for sentencing under section 948.01(13), “that . . . It also observed that the state either agreed or acquiesced that the court could consider section 948.01 . . .
. . . guilty has been rendered and place the defendant on probation provided that the requirements of section 948.01 . . . adjudicated guilty, the court still has the discretion to withhold adjudication pursuant to section 948.01 . . . court has found that “the defendant is not likely again to engage in a criminal course of conduct.” § 948.01 . . . The statutory authority for rule 3.670 is found in section 948.01(2), Florida Statutes (1997), which . . .
. . . See § 948.01(2), Fla. Stat. (1999). . . . See § 948.01(2), Fla. Stat. (1999); Fla. R.Crim. . . . withhold the imposition of sentence upon such defendant and shall place the defendant upon probation. § 948.01 . . .
. . . .” § 948.01(2), Fla. Stat. (1997). . . . and withhold the imposition of sentence regardless of whether adjudication of guilt is withheld. § 948.01 . . .
. . . court erred when it sentenced Alethia Jones to two years’ drug offender probation pursuant to section 948.01 . . . The trial court concluded that it had the discretion under section 948.01(13) to order drug offender . . . The statute which is applicable in the present case, section 948.01(13), does not contain such a provision . . . 740, 741 (Fla.1994), the supreme court, in dicta, discussed the fact that sentencing under section 948.01 . . . The Williams opinion specifically held that the drug treatment options pursuant to section 948.01(13) . . .
. . . More specifically, the defendants asserted that because a trial court may, pursuant to section 948.01 . . . (c) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . 'The First District analyzed section 948.01(2), Florida Statutes, which authorizes a court to withhold . . . Gloster, 703 So.2d 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(1)(a)3; Fla. . . .
. . . We affirm appellee’s downward sentence pursuant to section 948.01(13), Florida Statutes (1997). . . .
. . . Section 948.01(6), Florida Statutes (1995), provides that a trial court may, in its discretion, impose . . . We conclude that section 948.01(6) would also support a split sentence where the period of supervision . . .
. . . probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.01 . . .
. . . This statutory provision goes on to state that “[n]ot-withstanding s. 948.01, adjudication of guilt or . . .
. . . Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141, 948.06, 948.01 . . .
. . . discretion, adjudge a defendant guilty, or stay and withhold adjudication of guilty, pursuant to section 948.01 . . .
. . . Last sentence was added to permit the judge to operate under section 948.01(3), Florida Statutes. . . .
. . . . § 948.01(5). . . . Stat. § 948.01(6). . . .
. . . conditional release as described in chapter 947, probation or community control as described in s. 948.01 . . .
. . . Section 948.01(13), Florida Statutes (1997), authorizes “drug offender probation” for chronic substance . . . Sentences under sections 948.034 and 948.01(13) are not technically “departures” since they are imposed . . . The terms of “drug offender probation,” pursuant to section 948.01(13)(a), require the court to place . . . Violation of probation imposed under either section 948.01(13) or 948.034 may lead to a sentence under . . . See §§ 948.034(0(0 & 948.01 (13)(b). . . .
. . . Florida, in addition to adding section 775.082(8), also amended sections 944.705, 947.141, 948.06, 948.01 . . .
. . . . § 948.01(5)(a)-(b). . . . Stat. § 948.01(5) explicitly describe, in graphic detail, the conduct required for each act. . . .
. . . (e) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . Gloster, 703 So.2d 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(l)(a)3; Fla. . . .
. . . State, 688 So.2d 1008, 1009 (Fla. 1st DCA 1997); see § 948.01(4), Fla. . . .
. . . (c) ] requires an adjudication of guilt for the conduct to be punishable as a felony, and because § 948.01 . . . Section 948.01(2), Florida Statutes (Supp.1996), is the source of the power to withhold adjudication . . .
. . . postconviction relief, arguing that the court which accepted his initial plea was precluded, under section 948.01 . . .
. . . In section 948.01(6),[ ] the legislature empowers trial courts to impose a split sentence “whereby the . . . Because the conditional suspended sentence does not appear to violate section 948.01(6) and is compatible . . . with the sentencing policy announced in 948.01(11), we conclude that it is an authorized sentence. . . . Section 948.01(6), Florida Statutes (1995), states in pertinent part: (6) Whenever punishment by imprisonment . . . Section 948.01(11), Florida Statutes (1995), states: (11) The court may also impose a split sentence . . .
. . . Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred . . .