The 2023 Florida Statutes (including Special Session C)
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. . . there for violating a probation term that the Second District later found impermissible under sections 958.045 . . .
. . . .” § 958.045(5)(c), Fla. Stat. (1997). . . .
. . . Section 958.045 has since been amended to remove this limitation on sentencing. . . .
. . . motion, Defendant argued his sentences imposed on violation of probation (VOP) were illegal pursuant to 958.045 . . . met the requirements for modification of sentence and for placement on probation pursuant to section 958.045 . . . Pursuant to the 2004 version of sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes, if a youthful . . . Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who violates probation . . . Section 958.045 concerns the department's basic training program for youthful offenders, known as "boot . . .
. . . Because Tobler committed the offenses prior to the July 1, 2006 amendment to section 958.045(5)(c), Florida . . .
. . . See § 958.045(5)(c), Fla. Stat. (2006); Ch. 2006-270, § 1, at 2841-42, Laws of Fla. . . .
. . . to use in determining the applicable law when sentencing on a violation of probation under section 958.045 . . . Negron argues that, pursuant to section 958.045(5)(c), Florida Statutes (2005), the trial court could . . . Prior to July 1, 2006, section 958.045(5)(c) provided that where a defendant sentenced as a youthful . . . Effective July 1, 2006, section 958.045(5)(c) was amended to permit a trial court, upon finding that . . .
. . . recommended that Lamore serve his sentence as a youthful offender in boot camp as provided for by section 958.045 . . . probation — to imposing “any sentence that it might have originally imposed as a condition of probation.” § 958.045 . . . Recognizing that an amendment to section 958.045(5)(c), effective July 1, 2006, authorized a court to . . . successful completion of boot camp, the court made the following ambiguous statement: We note that section 958.045 . . . occurring between December 2004 and July 2005-are governed by the pre-July 1, 2006, version of section 958.045 . . .
. . . Act also requires the Department to operate a "basic training” program for youthful offenders, see § 958.045 . . .
. . . Compare § 958.045(5)(c), Fla. . . . s satisfactory completion of a basic training program run by the Department of Corrections), with § 958.045 . . . See § 958.045(5)(c), Fla. Stat. (2004, 2005). This determination was critical to Mr. . . . providing that an offender who completes a county-operated boot camp would not be entitled to section 958.045 . . . See §§ 958.045(5)(e), 958.04(2)(b), Fla. . . .
. . . completes county boot camp is not limited in his sentencing exposure pursuant to sections 958.04(2)(b) and 958.045 . . . Effective July 1, 2006 the legislature amended section 958.045(5)(c), which no longer limits to 364 days . . .
. . . incarceration, he could be sentenced to no longer than 364 days in jail under the 2004 version of section 958.045 . . . In his motion, Appellant specifically alleged that he met the requirements set forth in section 958.045 . . . that he was illegally sentenced, the trial court ruled that the sentences were legal under section 958.045 . . . State, 978 So.2d 284, 285 (Fla. 4th DCA 2008) (applying 2006 amendment of section 958.045(5)(c), Florida . . . were illegal, and he would be entitled to resen-tencing under the pre-amendment version of section 958.045 . . .
. . . the Department of Corrections, the circuit court's sentencing authority was not limited by section 958.045 . . . Florida Department of Corrections, the trial court’s sentencing authority was not limited by section 958.045 . . .
. . . as a result of something other than the successful completion of youthful offender boot camp, see § 958.045 . . .
. . . He argues that, pursuant to sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (2004), the court . . . See §§ 958.04(2)(b), 958.045(5)(c), Fla. Stat. (2004). . . . The State argues that the trial court correctly applied an amendment to section 958.045, which became . . .
. . . See § 958.045(5)(c), Fla. Stat. (2002); Blaxton. Reversed and remanded. . . .
. . . (Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who violates probation . . .
. . . See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas v. . . .
. . . Adderly seeks relief from an order denying his motion for resentencing filed pursuant to section 958.045 . . . Adderly has successfully completed the Department of Correction’s, (“DOC”), “boot camp” program, section 958.045 . . . writ, and remand with instructions that the trial court resentence Adderly in accordance with section 958.045 . . . 9, 2007, Adderly filed a motion for resentencing, seeking release to probation pursuant to section 958.045 . . . We note that section 958.045(5)(c), Florida Statutes, was amended effective July 1, 2006, and now provides . . .
. . . . § 958.045(5)(c), Fla. Stat. (2001). . . .
. . . probation the court was required to sentence him to no more than 364 days in prison under sections 958.045 . . . This Court ruled that the specific provisions of sections 958.045(5)(c) and 958.04(2)(b) su-perceded . . .
. . . camp and his sentences were modified to five years’ youthful offender probation pursuant to section 958.045 . . . motion, Cutler alleged that because he successfully completed boot camp, sections 958.04(2)(b) and 958.045 . . . State, 899 So.2d 432 (Fla. 3d DCA 2005) (holding sections 958.04(2)(b) and 958.045(5)(c) do not apply . . . State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004), which held that section 958.045(5)(c) rather than section . . . "Boot camp” refers to the youthful offender basic training program per section 958.045, Florida Statutes . . .
. . . camp, has successfully completed boot camp, and has been resentenced to probation pursuant to section 958.045 . . .
. . . Section 958.045, which details the State’s youthful offender basic training program, provides, in pertinent . . . Section 958.045(5)(c), Florida Statutes (2002)(emphasis added). . . . Reading sections 958.04(2)(b) and 958.045(5)(c) together, courts have consistently construed them as . . . offenders in county-operated boot camp programs, it “contains no specific provision comparable to section 958.045 . . . limitation would have been included in section 958.04, Florida Statutes (2002), rather than section 958.045 . . .
. . . . § 958.045(2), Fla. Stat. (2003). . . .
. . . governing youthful offenders and the youthful offenders basic training program, sections 958.04 and 958.045 . . . State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004) (citing §§ 958.04(2)(b), 958.045(5)(c), Florida Statutes . . .
. . . For support, he cites to sections 958.04 and 958.045, Florida Statutes (2002), and cases construing those . . . not committed to the boot camp program operated by the Department of Corrections pursuant to section 958.045 . . . Section 958.045 governs the department’s youthful offender basic training program, commonly referred . . . Moreover, the statute contains no specific provision comparable to section 958.045(5)(c) limiting sentences . . .
. . . Although appellant’s motion was based upon the court’s failure to sentence him in accordance with section-958.045 . . .
. . . successfully completed the program, DOC filed a motion to modify the appellant’s sentence pursuant to section 958.045 . . . probation, he could not be sentenced to a term of incarceration exceeding 364 days pursuant to sections 958.045 . . . (2)(b) and 958.045(5)(c), Florida Statutes (1999). . . . boot camp, and therefore, upon his resentencing for violation of probation, he was subject to section 958.045 . . .
. . . Because this sentence is not permitted under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes . . . Section 958.045 outlines the parameters for the youthful offender boot camp program. . . . As interpreted in Bloodworth, pursuant to section 958.045(5)(e), the court may “impose any sentence that . . . The language of section 958.045(5)(c) may warrant further review by the legislature. . . .
. . . Appellant’s sentence is illegal because it exceeds the statutory limitations set forth by sections 958.045 . . . Section 958.045(5)(c) states that a youthful offender who successfully completes boot camp, is placed . . . sentence for the underlying offense are superceded by the more specific provisions set forth in sections 958.045 . . .
. . . . § 958.045(3) (West 2003) (establishing short “shock incarceration” in Youthful offender basic training . . .
. . . See § 958.045, Fla. Stat. (1995); see also Stephen A. . . . See § 958.045(5)(c), Fla. Stat. (1995). . . . Department of Corrections, received trial court approval to attend boot camp as required by section 958.045 . . . of boot camp, the trial court refused to reduce his sentence to probation in accordance with section 958.045 . . . camp, has successfully completed boot camp, and has been resentenced to probation pursuant to section 958.045 . . .
. . . alleged that his sentence following violation of probation was illegal under sections 958.04(2)(b) and 958.045 . . .
. . . Levenson to place him on probation in compliance with section 958.045, Florida Statutes (1997). . . . Sada is a Department of Corrections-classified Youthful Offender as contemplated by section 958.045, . . . Notice was given to the state attorney as required by section 958.045(2). . . . The trial court has the clear legal duty to comply with section 958.045(5)(c), Florida Statutes (1997 . . . Section 958.045(l)(a), Fla. Stat. (1997). . . .
. . . his sentences were modified on November 9, 1999, and he was placed on probation pursuant to section 958.045 . . . the trial court could only sentence him to 364 days, which is the upper limit set forth in section 958.045 . . .
. . . In conjunction with that repeal, the legislature added section 958.045, Florida Statutes. . . . It appears that section 958.045(5)(c) limits sentences imposed in cases such as the present to no more . . . original offenses in January 1995 prior to the effective date of this repeal and the addition of section 958.045 . . .
. . . His sentence was modified to 4 years’ probation pursuant to section 958.045(5)(c), Florida Statutes ( . . . Section 958.045(5)(c) of the youthful offender statute specifically provides that “[i]f the offender . . . statute does, to “any sentence that it might have originally imposed as a condition of probation.” § 958.045 . . . The reason for this change in section 958.045(5)(e) is unknown to us, and our review of the legislative . . . The 1999 version of the statute is identical to the 1997 version in this respect. § 958.045(5)(c), Fla . . .
. . . suitable for the agency’s “basic training program” or “ ‘shock’ incarceration” as described in section 958.045 . . . In accordance with section 958.045(2), Florida Statutes, the sentencing judge gave written approval for . . . program and requested that his sentence be modified to a term of probation as called for by section 958.045 . . . Section 958.045(2), Florida Statutes, provides: If an offender meets the specified criteria and space . . .