The 2024 Florida Statutes
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. . . . § 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . . §§ 948.02, 948.08. . . .
. . . . § 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. . . .
. . . See § 948.08(l)-(2), Fla. Stat. (2013). . . . Section 948.08 provides as follows: 948.08 Pretrial intervention program (1) The department shall supervise . . .
. . . See § 948.08(6), Fla. Stat. (2012). Section 948.08(6)(a)2 provides: 2. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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. . . .
. . . Section 948.08, Florida Statutes (2006), concerning conditions of a defendant’s probation, also imposes . . .
. . . 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 . . .
. . . 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 . . .
. . . necessary for security or safety reasons, and the reading of mail “shall be properly recorded.” 103 C.M.R. 948.08 . . .
. . . 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 — . . .
. . . 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. . . .
. . . .] § 948.08(2)-(5), Fla. Stat. (2003). . See Fla. R. Civ. . . .
. . . 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 . . .
. . . 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. . . .
. . . See §§ 397.334, 948.08(6)(a), Fla. Stat. (2001). . . . See §§ 397.12, 397.334(c)-(d), 948.08, Fla. Stat. (2000). . . . .
. . . See, e.g., §§ 948.08, 948.16, Fla. Stat. (2001). . . .
. . . appellant might have been eligible to participate in pretrial intervention as authorized by section 948.08 . . .
. . . Section 948.08(2), Florida Statutes, specifically requires consultation with counsel prior to placement . . .
. . . 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 . . .
. . . Section 948.08, Florida Statutes (1997), provides: Pretrial intervention program.— (6)(a) Notwithstanding . . .
. . . defendant may be subjected at the option of the state to pretrial intervention pursuant to section 948.08 . . .
. . . controlled substances are unlawfully sold, which has been interpreted as a clarification of section 948.08 . . .
. . . We affirm as to this issue, on the authority of section 948.08(1)(k)(1), Florida Statutes (Supp.1994) . . .
. . . Pretrial intervention programs are provided for in Chapter 948, Probation and Community Control: 948.08 . . .
. . . 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). . . .
. . . See § 948.08(7), Fla.Stat. (Supp.1990). It also shows that appellant adhered to Dr. . . .
. . . 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 . . .
. . . The State seeks reversal of the trial court’s dismissal of a prosecution pursuant to section 948.08(6 . . .
. . . 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 . . .
. . . This proceeding implicates the purpose and application of section 948.08(4), Florida Statutes (1991), . . . See § 948.08(5), Fla.Stat. (1991). . . .
. . . See § 948.08, Fla.Stat. (1993). . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . Appellant misreads section 948.08(6), which applies solely to probationers or offenders in community . . .