Victor Villanueva v. State of Florida

Because I conclude that the trial court acted within the broad discretion provided by section 948.03, Florida Statutes (2011), for trial courts ,to impose conditions of probation, I would approve the decision of the Third District on review. I therefore dissent.

The majority’s decision is based on a misreading of Biller v. State, 618 So.2d 734 (Fla.1993)—a misreading that unduly limits the discretion afforded to trial judges by section 948.03 to impose special conditions of probation. The statute provides that “[t]he court shall determine the terms and conditions of probation.” § 948.03(1),…