MOTION TO FOR RELIEF PURSUANT TO FLA. STAT. § 948.06(4)(f).

	COMES NOW, the Defendant, by and through the undersigned counsel, and pursuant to Rule 3.125 and Florida Statute § 948.06(4)(f)(3), and hereby moves this court to dismiss the Violation of Probation filed on [date]. As grounds thereof, the Defendant states as follows: 

FACTUAL BACKGROUND
1. Statement of Facts Here


                                                    [DEFENDANT’s] Original Violation of Probation Should Result in a Maximum of 90 Days in County Jail.
Fla. Stat. § 948.06(2)(f), subparagraphs one (1), two (2), and (3), outline what a Court may sentence a Defendant to for low-risk violations of probation. Specifically, subparagraph three states:
“Notwithstanding s. 921.0024, if a probationer has less than 90 days of supervision remaining on his or her term of probation and meets the criteria for mandatory modification or continuation in subparagraph 1., the court may revoke probation and sentence the probationer to a maximum of 90 days in county jail.” (emphasis added). 
	Here, DEFENDANT had less than 90 days remaining. His probation was tolled on [DATE], when the Affidavit was filed. His probation was set to end on [DATE]. Therefore, subparagraph 3 applies.
The second question, then, is if [DEFENDANT] is entitled to this relief under subparagraph one. He is. Subparagraph one states:
“Except as provided in subparagraph 3, or upon waiver by the probationer, the court shall modify or continue a probationary term upon finding a probationer in violation when all of the following apply:
a.	The term of supervision is probation.
b.	The probationer does not qualify as a violent felony offender of special concern, as defined in paragraph (8)(b).
c.	The violation is a low-risk technical violation, as defined in paragraph (9)(b). 
d.	The court has not previously found the probationer in violation of his or her probation pursuant to a filed violation of probation affidavit during the current term of supervision.” 
Further, this issue has been litigated in State Court. In Brown v. State, No. 1D20-266 (Fla. 1st DCA 2020), the Court held that a trial court is limited to imposing a sentence of up to 90 days in county jail when a Defendant “meets all four conditions of subsection 948.06(2)(f)(1).” Here, under the original affidavit, [DEFENDANT] qualifies for this mandatory maximum sentence. 
					CONCLUSION
WHEREFORE, the Defendant respectfully requests this Court dismiss the secondary affidavit for violation of probation, and request relief pursuant to Florida Statute § 948.06(2)(f).
                                                                                       CERTIFICATE OF SERVICE
	I HEREBY CERTIFY that a true and correct copy of the forgoing has been furnished electronically to eService@sao20.org; on this 12th day of July, 2026.