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Before the probationary terms can modified or enhanced, the trial court must comply with the requirements of section 948.06. Section 948.06(1)(b) requires that the Department of Corrections file an affidavit of violation and serve the probationer with either a warrant or a notice to appear.

The Department of Corrections is permitted to submit a notification letter of a technical violation in lieu of a violation report as permitted by section 948.06(1)(e). But even in those case, section 948.06(2) still requires that the trial court conduct a hearing before any violation may be found and before any modification to the terms of probation may be made.

While the trial judge who receives a notification letter of a technical violation may have various options available for dealing with that notification letter, bypassing the notification and hearing requirements of section 948.06 is not one of those options if the court intends to modify any of the terms of probation.

Enhanced / Modified Probation without a Violation Hearing