JACOB DANIEL SCANLON
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An oral interpretation of an existing probation term by the trial court is not effective as a modification of probation; only written sentencing orders incorporating special terms and conditions are valid.
[1] An oral interpretation of an existing probation term by a trial court is not effective as a modification of probation; special terms and conditions must be imposed by ora…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The court shall impose the special terms and conditions by oral pronouncement at sentencing and include the terms and conditions in the written sentencing order.”
Statutory requirement for valid probation terms under § 948.039, Fla. Stat. (2025)
Jacob Daniel Scanlon appealed a probation order from the Circuit Court for Polk County. The trial court had orally interpreted a term of Scanlon's pro…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Probation Modification cases and more on FLexlaw
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-0013 Lower Tribunal No. 2023-CF-001627
JACOB DANIEL SCANLON, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Polk County. Sharon M. Franklin, Judge.
May 1, 2026
PER CURIAM.
We affirm the order on appeal because the trial court's oral interpretation of an existing term of probation was not effective as a modification of Jacob Daniel Scanlon's probation. See § 948.039, Fla. Stat. (2025) ("The court shall impose the special terms and conditions by oral pronouncement at sentencing and include the terms and conditions in the written sentencing order." (emphasis added)). We write only to clarify that, as the term under consideration is written, Scanlon is precluded only from residing within 1000 feet of "any school, daycare center, park, playground
or other place where children regularly congregate," which does not restrict him from visiting his parents' home.
AFFIRMED.
NARDELLA, WOZNIAK and GANNAM, JJ., concur.
Luke Lirot, of Luke Charles Lirot, P.A., Clearwater, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Sonia C. Lawson and Lara E. Breslow, Assistant Attorneys General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
2