APRIL A. JOHNSON, MOTHER, B.K.M. & R.I.H., CHILDREN, APPELLANT,

v.

DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Citator

Cited By

• Carter v. State, 975 So. 2d 1199 (Fla. 5th DCA 2008)
  …ervising a specific, judicially-ordered condition of probation (permissible) or whether the probation officer has been delegated the authority to impose what amounts to additional conditions of probation (impermissible). See e.g., Ackerman v. State, 835 So. 2d 354 (Fla. 5th DCA 2003) (probation officer went beyond judicially-imposed conditions of probation by prohibiting probationer from “contact with playgrounds or other places where children congregate”). Thus, in the Law line of cases, it was permissible…
• Hutchins v. State, 937 So. 2d 799 (Fla. 5th DCA 2006)
  …ports the court’s finding that appellant did not comply with this instruction. Appellant contends, however, that the probation officer exceeded his authority by giving this instruction. In support of his argument, appellant cites Ackerman v. State, 835 So. 2d 354 (Fla. 5th DCA 2003). In Ackerman, this court held that a probation officer was without authority to order a probationer to have no contact with playgrounds or other places where children congregate, where the probation order only provided that the p…
• Emilio Aranda, Jr. v. State, 982 So. 2d 747 (Fla. 4th DCA 2008)
  …had to approve each contact. It is well settled that probation officers cannot unilaterally impose conditions of probation which have not been estab [*749] lished by the court. Talley v. State, 708 So. 2d 333 (Fla. 4th DCA 1998); Ackerman v. State, 835 So. 2d 354 (Fla. 5th DCA 2003). The probation officer apparently assumed that he had to approve contact, as he so testified, and the trial court apparently believed him, but his approval was not a condition. The court found as a separate violation that appell…