Capozzi v. State
The Third DCA held that two conditions in Capozzi's written probation order—prohibiting visiting places where drugs are used without a knowledge requirement, and requiring her to 'work diligently' and notify her employer of probation status—were unpronounced special conditions that did not match the statutory standard conditions in section 948.03, and thus were improperly imposed without oral pronouncement at sentencing. The court explained that the 2019 amendment to Rule 3.986, which deleted the enumerated standard conditions from the form order, eliminated the prior basis for treating pre-2019 form language as providing constructive notice, meaning such language now must independently track section 948.03 to qualify as a standard condition. The court remanded with instructions to add a 'knowingly' element to the drug-location condition, strike the employer-notification requirement, and revise the employment condition to track the statutory 'work faithfully...insofar as may be possible' language.
Key facts
- Capozzi was sentenced to probation with a written probation order containing conditions prohibiting her from visiting places where drugs are used without a knowledge requirement and requiring her to 'work diligently' at employment and notify her employer of her probation status.
- The trial court imposed these conditions in the written order but did not orally pronounce them at sentencing.
- +2 more key facts with a free trial
Why it matters
This opinion gives criminal defense practitioners a clear roadmap for challenging boilerplate probation conditions that survive from pre-2019 Rule 3.986 forms but no longer qualify as constructively-noticed standard… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.