Fla. R. Crim. P. 3.790

(a) Suspension of the Pronouncement and Imposition of

Sentence; Probation or Community Control. Pronouncement and

imposition of sentence of imprisonment shall not be made on a

defendant who is to be placed on probation, regardless of whether

the defendant has been adjudicated guilty. An order of the court

placing a person on probation or community control shall place the

probationer to be supervised under the authority of the Department

of Corrections or such other entity as provided by law. The court

shall specify the length of time during which the defendant is to be

supervised.

(b) Revocation of Probation or Community Control;

Judgment; Sentence.

(1) Generally. Except as otherwise provided in

subdivisions (b)(2) and (b)(3) below, when a probationer or a

community controllee is brought before a court of competent

jurisdiction charged with a violation of probation or community

control, the court shall advise the person of the charge and, if the

charge is admitted to be true, may immediately enter an order

revoking, modifying, or continuing the probation or community

control. If the violation of probation or community control is not

admitted by the probationer or community controllee, the court may

commit the person or release the person with or without bail to

await further hearing or it may dismiss the charge of violation of

probation or community control. If the charge is not admitted by

the probationer or community controllee and if it is not dismissed,

the court, as soon as practicable, shall give the probationer or

community controllee an opportunity to be fully heard in person, by

counsel, or both. After the hearing, the court may enter an order

revoking, modifying, or continuing the probation or community

control. Following a revocation of probation or community control,

the trial court shall adjudicate the defendant guilty of the crime

forming the basis of the probation or community control if no such

adjudication has been made previously. Pronouncement and

imposition of sentence then shall be made on the defendant.

(2) Lunsford Act Proceedings. When a probationer or

community controllee is arrested for violating his or her probation

or community control in a material respect and is under

supervision for any criminal offense proscribed in chapter 794,

Florida Statutes, section 800.04(4), Florida Statutes, section

800.04(5), Florida Statutes, section 800.04(6), Florida Statutes,

section 827.071, Florida Statutes, or section 847.0145, Florida

Statutes, or is a registered sexual predator or a registered sexual

offender, or is under supervision for a criminal offense for which,

but for the effective date, he or she would meet the registration

criteria of section 775.21, Florida Statutes, section 943.0435,

Florida Statutes, or section 944.607, Florida Statutes, the court

must make a finding that the probationer or community controllee

is not a danger to the public prior to release with or without bail.

(A) The hearing to determine whether the

defendant is a danger to the public shall be conducted by a court of

competent jurisdiction no sooner than 24 hours after arrest. The

time for conducting the hearing may be extended at the request of

the accused, or at the request of the state upon a showing of good

cause.

(B) At the hearing, the defendant shall have the

right to be heard in person or through counsel, to present witnesses

and evidence, and to cross-examine witnesses.

(C) In determining the danger posed by the

defendant’s release, the court may consider:

(i) the nature and circumstances of the

violation and any new offenses charged;

(ii) the defendant’s past and present

conduct, including convictions of crimes;

(iii) any record of arrests without conviction

for crimes involving violence or sexual crimes;

(iv) any other evidence of allegations of

unlawful sexual conduct or the use of violence by the defendant;

(v) the defendant’s family ties, length of

residence in the community, employment history, and mental

condition;

(vi) the defendant’s history and conduct

during the probation or community control supervision from which

the violation arises and any other previous supervisions, including

disciplinary records of previous incarcerations;

(vii) the likelihood that the defendant will

engage again in a criminal course of conduct;

(viii) the weight of the evidence against the

defendant; and

(ix) any other facts the court considers

relevant.

(3) Anti-Murder Act Proceedings. The provisions of this

subdivision shall control over any conflicting provisions in

subdivision (b)(2). When a probationer or community controllee is

arrested for violating his or her probation or community control in a

material respect and meets the criteria for a violent felony offender

of special concern, or for certain other related categories of offender,

as set forth in section 948.06(8), Florida Statutes, the defendant

shall be brought before the court that granted the probation or

community control and, except when the alleged violation is based

solely on the defendant’s failure to pay costs, fines, or restitution,

shall not be granted bail or any other form of pretrial release prior

to the resolution of the probation or community control violation

hearing.

(A) The court shall not dismiss the probation or

community control violation warrant pending against the defendant

without holding a recorded violation hearing at which both the state

and the accused are represented.

(B) If, after conducting the hearing, the court

determines that the defendant has committed a violation of

probation or community control other than a failure to pay costs,

fines, or restitution, the court shall make written findings as to

whether the defendant poses a danger to the community. In

determining the danger to the community posed by the defendant’s

release, the court shall base its findings on one or more of the

following:

(i) The nature and circumstances of the

violation and any new offenses charged;

(ii) The defendant’s present conduct,

including criminal convictions;

(iii) The defendant’s amenability to

nonincarcerative sanctions based on his or her history and conduct

during the probation or community control supervision from which

the violation hearing arises and any other previous supervisions,

including disciplinary records of previous incarcerations;

(iv) The weight of the evidence against the

defendant; and

(v) Any other facts the court considers

relevant.

(C) If the court finds that the defendant poses a

danger to the community, the court shall revoke probation or

community control and sentence the defendant up to the statutory

maximum, or longer if permitted by law.

(D) If the court finds that the defendant does not

pose a danger to the community, the court may revoke, modify, or

continue the probation or community control or may place the

probationer into community control as provided in section 948.06,

Florida Statutes.