Florida Statute 948.039 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 948
PROBATION AND COMMUNITY CONTROL

View Entire Chapter

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.

F.S. 948.039 on Google Scholar

F.S. 948.039 on CourtListener

Amendments to 948.039

Annotations, Discussions, Cases:

Cases Citing Statute 948.039

Total Results: 12

Villanueva v. State

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

District Court of Appeal of Florida | Filed: Aug 21, 2013 | Docket: 60233526

Cited 1 times | Published

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

Donell Dowell v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2025 | Docket: 69640882

Published

does not contain a written probation order. See § 948.039, Fla. Stat. (“The court shall impose the special

Carissa Parker v. State of Florida

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69323778

Published

appropriate for the offender” as required by section 948.039, Florida Statutes. These challenges were raised

Carissa Parker v. State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69323778

Published

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

Jean Claude Noel v. State of Florida

District Court of Appeal of Florida | Filed: Jun 20, 2024 | Docket: 68869501

Published

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

Dale E. Folsom v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422848

Published

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

RICHARD CALDWELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318843

Published

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

RONALD L. THOMPSON v. STATE OF FLORIDA

239 So. 3d 1269

District Court of Appeal of Florida | Filed: Mar 16, 2018 | Docket: 6336218

Published

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

Lavender v. State

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

District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4485680

Published

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

Victor Villanueva v. State of Florida

200 So. 3d 47, 41 Fla. L. Weekly Supp. 319, 2016 Fla. LEXIS 1428, 2016 WL 4168765

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108654

Published

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

Victor Villanueva v. State of Florida

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4416257

Published

such other or others as it considers proper.”); § 948.039, Fla. Stat. (2008) (“The court may determine

Velez-Pizzini v. State

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

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60299293

Published

not oral) special condition of probation.1 Section 948.039, Florida Statutes (2009), mandates that trial