Florida Statute 948.039 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

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F.S. 948.039

948.039 Special terms and conditions of probation or community control imposed by court order.—The court may determine any special terms and conditions of probation or community control. The terms and conditions should be reasonably related to the circumstances of the offense committed and appropriate for the offender. The court shall impose the special terms and conditions by oral pronouncement at sentencing and include the terms and conditions in the written sentencing order. Special terms and conditions may include, but are not limited to, requirements that the offender:

(1) Attend an HIV/AIDS awareness program consisting of a class of not less than 2 hours or more than 4 hours in length, if such a program is available in the county of the offender’s residence. The offender shall pay the cost of attending the program.

(2) Pay not more than $1 per month during the term of probation or community control to a nonprofit organization established for the sole purpose of supplementing the rehabilitative efforts of the Department of Corrections.

History.—s. 26, ch. 2004-373.

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Amendments to 948.039

Arrestable Offenses / Crimes under Fla. Stat. 948.039

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.039.

Annotations, Discussions, Cases:

Cases Citing Statute 948.039

Total Results: 10

Carissa Parker v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: appropriate for the offender” as required by section 948.039, Florida Statutes. Special condition 20 prohibits

Jean Claude Noel v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-20

Snippet: 4 in a written sentencing order. § 948.039, Fla. Stat. (2021); Metellus v. State, 310 So.

Dale E. Folsom v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

Snippet: conditions of probation or community control.” § 948.039, Fla. Stat. There is nothing in the law that prevented

RICHARD CALDWELL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-05-18

Snippet: conditions of probation or community control.” § 948.039, Fla. Stat. (2019). “To impose a special condition

RONALD L. THOMPSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-03-16

Citation: 239 So. 3d 1269

Snippet: (Fla. 2d DCA 2016) (citing § 948.039, Fla. Stat. (2014)). See § 948.039, Fla. Stat. (2015) ("The

Lavender v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-04

Citation: 203 So. 3d 969, 2016 Fla. App. LEXIS 16437

Snippet: imposed by oral pronouncement at sentencing. § 948.039, Fla. Stat. (2014).: Here, the requirement of maintaining

Victor Villanueva v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Snippet: probationer’s rehabilitation. Id. (citing §§ 948.03(2), 948.039, Fla. Stats. (2011)). Accordingly, the Third District

Victor Villanueva v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Citation: 200 So. 3d 47, 41 Fla. L. Weekly Supp. 319, 2016 Fla. LEXIS 1428

Snippet: trial court actually acted pursuant to section 948.039, Florida Statutes, when it imposed MDSO therapy

Villanueva v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-08-21

Citation: 118 So. 3d 999, 2013 Fla. App. LEXIS 13015, 2013 WL 4436953

Snippet: such other or others as it considers proper.”); § 948.039, Fla. Stat. (2011) (“The court may determine any

Velez-Pizzini v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-01-28

Citation: 58 So. 3d 278, 2011 Fla. App. LEXIS 590, 2011 WL 248560

Snippet: oral) special condition of probation.1 Section 948.039, Florida Statutes (2009), mandates that trial courts