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Florida Statute 948.20 | Lawyer Caselaw & Research
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F.S. 948.20 Case Law from Google Scholar Google Search for Amendments to 948.20

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 948
PROBATION AND COMMUNITY CONTROL
View Entire Chapter
F.S. 948.20
948.20 Drug offender probation.—
(1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08.
(2) The Department of Corrections shall develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan. The program may include the use of graduated sanctions consistent with the conditions imposed by the court. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered.
(3) Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06.
History.—s. 14, ch. 91-225; s. 6, ch. 97-239; s. 4, ch. 2001-55; s. 10, ch. 2004-373; s. 7, ch. 2009-64; s. 5, ch. 2011-33; s. 137, ch. 2019-167.
Note.—Former s. 948.01(13).

F.S. 948.20 on Google Scholar

F.S. 948.20 on Casetext

Amendments to 948.20


Arrestable Offenses / Crimes under Fla. Stat. 948.20
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 948.20.

Annotations, Discussions, Cases:

Cases Citing Statute 948.20

Total Results: 20

Dale E. Folsom v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

Snippet: illegal because it was not authorized by section 948.20, Florida Statutes (2021), for an offense as serious…drug-offender probation under the statute. Cf. § 948.20(1), Fla. Stat. (stating that the trial court may…State, 786 So. 2d 1173, 1181 (Fla. 2001). Section 948.20(1) is permissive: Under the stated circumstances…defendant in that case did not qualify under section 948.20 for such a substitute sentence, and the appellate… 4 offender probation. See § 948.20(1), Fla. Stat. (allowing a defendant to be placed

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Court: Fla. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Court: Fla. | Date Filed: 2023-06-29T00:00:00-07:00

Snippet: makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Court: Fla. | Date Filed: 2023-06-29T00:00:00-07:00

Snippet: makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Court: Fla. | Date Filed: 2022-06-16T00:53:00-07:00

Snippet: makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Court: Fla. | Date Filed: 2022-03-24T00:53:00-07:00

Snippet: makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the defendant

STATE OF FLORIDA v. ROODY DHAITI

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: on drug offender probation, pursuant to section 948.20(1), Florida Statutes (2019), because the defendant… moved for alternative sentencing under section 948.20, Florida Statutes (2019), the drug offender probation…defendant on drug offender probation. He argued section 948.20 allowed the court to do so if it found the defendant…or more prior withholds. It argues that section 948.20 is not an exception to the rule. If the Legislature…merits of the State’s argument are reached, section 948.20 controls over section 775.08435 because the former

Jason D. Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-07T00:00:00-07:00

Citation: 227 So. 3d 1252

Snippet: on drug offender probation. 2 Section 948.20(1), Florida Statutes (2014), sets forth the specific…points were sixty points or fewer. See § 948.20(1), Fla. Stat. (2014). Appellant scored 181 sentencing

Terry P. Powell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-07T00:00:00-07:00

Citation: 223 So. 3d 412, 2017 WL 2888698, 2017 Fla. App. LEXIS 9712

Snippet: qualified as a “chronic substance abuser” under section 948.20, Florida Statutes (2015); and second, that his …not a forcible felony under section 776.08.”); § 948.20(1), Fla. Stat. (2015) ("[T]he term ‘nonviolent

Romans v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

Citation: 221 So. 3d 647, 2017 WL 2350302, 2017 Fla. App. LEXIS 7822

Snippet: controlled substances], or other nonviolent felony.” § 948.20(1), Fla. Stat. None of these conditions apply to

Orr v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-07T00:00:00-08:00

Citation: 206 So. 3d 120, 2016 Fla. App. LEXIS 17997

Snippet: and remand for further proceedings. Section 948.20(1), Florida Statutes (2014), provides when a trial…nonviolent felony as that term is defined in section 948.20(1). The defini *122 tion of nonviolent…qualifies for drug offender probation under section 948.20(1). The State argues that even if Orr’s offense…The State contends that the language of section 948.20(1) applies only when the trial court imposes drug…not supported by Jones or the language in section 948.20, which authorizes the trial court to impose drug

Mister D. Paige v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-29T00:00:00-07:00

Citation: 196 So. 3d 574

Snippet: receive drug offender probation. See § 948.20 Fla. Stat. (2014); Green v. State, 178

Leland Inmon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-13T00:00:00-07:00

Citation: 190 So. 3d 693, 2016 WL 2760018, 2016 Fla. App. LEXIS 7301

Snippet: qualify him for sentencing pursuant to section 948.20, Florida Statutes (2013). We affirm the trial court

Malik Green v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-20T00:53:00-07:00

Snippet: receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse

Green v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-15T00:00:00-07:00

Citation: 178 So. 3d 467, 2015 Fla. App. LEXIS 15318, 2015 WL 6016832

Snippet: receive drug offender probation in this case. See § 948.20(1), Fla. Stat. (2014). Accordingly, we reverse

In Re: Amendments to Florida Rule of Criminal Procedure 3.992 – Criminal Punishment Code Scoresheets

Court: Fla. | Date Filed: 2014-09-04T00:53:00-07:00

Snippet: makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the Dn defendant

Sutton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-27T00:00:00-08:00

Citation: 128 So. 3d 957, 2013 WL 6925443, 2013 Fla. App. LEXIS 20509

Snippet: offenses under section 948.20, Florida Statutes (2010). We disagree. Section 948.20 was amended in 2009.…810.02, Florida Statutes (2010). Because, section 948.20 specifically includes third-degree felonies under

State v. Winbush

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-20T00:00:00-07:00

Citation: 121 So. 3d 1165, 2013 WL 5288110, 2013 Fla. App. LEXIS 14937

Snippet: program if the defendant otherwise qualifies. § 948.20, Fla. Stat. (2011). Because he scored more than

McGrill v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-08T00:00:00-08:00

Citation: 82 So. 3d 130, 2012 Fla. App. LEXIS 1780, 2012 WL 385647

Snippet: obtaining an alternative sentence under section 948.20(1), Florida Statutes (2009), if his Criminal Punishment…motion for an alternative sentence under section 948.20, Florida Statutes (2009). At the hearing on McGrill… stay and withhold the adjudication of guilt. § 948.20(1), Fla. Stat. (2009). The circuit court held that…interpretation of the statute. Having decided that section 948.20, Florida Statutes (2009), is inherently ambiguous…omitted). Prior to its amendment in 2009, section 948.20 made no mention of a defendant’s criminal score

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-12T00:00:00-08:00

Citation: 47 So. 3d 378, 2010 Fla. App. LEXIS 17187, 2010 WL 4536899

Snippet: offender probation can be imposed under section 948.20, Florida Statutes (2007). Therefore, we grant Jackson