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 Orlando
 Code of Ordinances
 Chapter 1. GENERAL PROVISIONS

  § 1.14. When Court May Place Defendant on Probation.  

Latest version.

  • (1)

    Any court of the state having original jurisdiction of municipal ordinance violations may at a time to be determined by the court, either with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant who has been found guilty or by the verdict of a jury, has entered a plea of guilty or a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.

    (2)

    If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a course of conduct that is violative of the City Code and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt; and, in either case, it shall stay and withhold the imposition of sentence upon such defendant and shall place him upon probation.

    (3)

    Whenever punishment by imprisonment is prescribed, the court, in its discretion, may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation after serving such period as may be imposed by the court. The period of probation shall commence immediately upon the release of the defendant from incarceration.

    (4)

    In no case shall the imposition of sentence be suspended and the defendant thereupon placed on probation unless such defendant is placed under the custody of the department, the Salvation Army, or another public or private entity.

    (5)

    When the court, under any of the foregoing subsections, places a defendant on probation, it may specify that the defendant serve all or part of the probationary period in a community residential or nonresidential facility under the jurisdiction of the Department of Corrections or the Department of Health and Rehabilitative Services or owned or operated by the Salvation Army or any public or private entity providing such services, and it shall require the payment of the cost of the supervision as prescribed in Florida Statutes ch. 945.

(Ord. of 7-16-1984, Doc. #18680; Ord. of 3-16-1987, Doc. #21038)