Preview
Filing # 142920101 E-Filed 01/31/2022 07:41:29 AM
STATE OF FLORIDA IN THE TWENTIETH JUDICIAL
CIRCUIT COURT, IN AND FOR
CHARLOTTE COUNTY
-VS-
CASE NUMBER 21001061F
MATTHEW DAVID DIDONATO
Defendant DC NUMBER $21150
ORDER OF PROBATION
This cause coming before the Court to be heard, and you, the defendant, being now present before the court, and you
having
entered a plea of nolo contendere to
Count 1 CNTL SUB WO PRESCRIPTION DRUGS POSSESS
SECTION 1: JUDGMENT OF GUILT
Oo The court hereby adjudges you to be guilty of the above offense(s).
Now, therefore, it is ordered and adjudged that the imposition of sentence is hereby withheld and that you be placed
on Probation for a period of eighteen (18) months under the supervision of the Department of Corrections, subject to
Florida law.
IT IS FURTHER ORDERED that you shall comply with the following standard conditions of supervision as provided by Florida
law:
(1) You will report to the probation officer as directed.
(2) You will pay the State of Florida the amount of $50.00 per month, as well as 4% surcharge, toward the cost of your supervision in
accordance with s. 948.09, F.S., unless otherwise exempted in compliance with Florida Statutes.
(3) You will remain in a specified place. You will not change your residence or employment or leave the county of your residence
without first procuring the consent of your officer.
(4) You will not possess, carry or own any firearm. You will not possess, carry, or own any weapon without first procuring the consent
of your officer.
(5) You will live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a
violation of your probation, community control, or any other form of court ordered supervision.
(6) You will not associate with any person engaged in any criminal activity.
(7) You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician, an advanced practice
Tegistered nurse, or a physician assistant. Nor will you visit places where intoxicants, drugs or other dangerous substances are
unlawfully sold, dispensed or used.
(8) You will work diligently at a lawful occupation, advise your employer of your probation status, and support any dependents to the
best of your ability, as directed by your officer.
(9) You will promptly and truthfully answer all inquiries directed to you by the court or the officer, and allow your officer to visit in
your home, at your employment site or elsewhere, and you will comply with all instructions your officer may give you.
(10) You will pay restitution, court costs, and/or fees in accordance with special conditions imposed or in accordance with the attached
orders.
Matthew David Didonato
21001061F
$21150
(11) You will submit to random testing as directed by your officer or the professional staff of the treatment center where you are receiving
treatment to determine the presence or use of alcohol or controlled substances.
(12) You will submit a DNA sample, as directed by your officer, for DNA analysis as prescribed in ss. 943.325 and 948.014, F.S.
(13) You will submit to the taking of a digitized photograph by the department. This photograph may be displayed on the department’s
website while you are on supervision, unless exempt from disclosure due to requirements of s. 119.07, FS.
(14) You will report in person within 72 hours of your release from incarceration to the probation office in Charlotte County, Florida,
unless otherwise instructed by the court or department. (This condition applies only if section 3 on the previous page is checked.)
Otherwise, you must report immediately to the probation office located at 121 E. Marion Ave #125 Punta Gorda, FL 33950.
SPECIAL CONDITIONS
You must undergo a Drug and Alcohol evaluation and, if treatment is deemed necessary, you must successfully
complete the treatment, and be responsible for the payment of any costs incurred while receiving said evaluation and
treatment, unless waived by the court.
You must report to probation immediately or upon release.
You are subject to drug/alcohol testing/search.
X 4 Your driver’s license is suspended for a period of six (6) months. No objection to business purpose only license.
X 5. You must supply DNA sample to FDLE.
Effective for offenders whose crime was committed on or after September 1, 2005, there is hereby imposed, in additional to any
other r provision in this section, mandatory electronic monitoring as a condition of supervision for those who:
Are placed on supervision for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful
sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; or
Are designated as a sexual predator pursuant to s. 775.21; or
Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful
sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older.
You are hereby placed on notice that should you violate your probation or community control, and the conditions set forth in s.
948.063(1) or (2) are satisfied, whether your probation or community control is revoked or not revoked, you shall be placed on
electronic monitoring in accordance with F.S. 948.063.
Effective for offenders who are subject to supervision for a crime that was committed on or after May 26, 2010, and who has
been convicted at any time of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses listed in s.
943.0435(1)(h)1.a.(1), ora similar offense in another jurisdiction, against a victim who was under the age of 18 at the time of the offense:
the following conditions are imposed in addition to all other conditions:
(a) A prohibition on visiting schools, child care facilities, parks, and playgrounds, without prior approval from the offender's
supervising officer. The court may also designate additional locations to protect a victim. The prohibition ordered under this paragraph
does not prohibit the offender from visiting a school, child care facility, park, or playground for the sole purpose of attending a religious
service as defined in s. 775.0861 or picking up or dropping off the offender's children or grandchildren at a child care facility or school.
(b) A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other
costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on
or preceding Easter; entertaining at children's parties; or wearing a clown costume; without prior approval from the court.
Effective for offenders whose crime was committed on or after October 1, 2014, and who is placed on probation or community
control for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to all other conditions imposed,
is prohibited from viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory
material unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program.
Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs, and computer services.
Page 2 of 2 kk 1/28/2022
Judge Cupp Revised 07-01-2021
Matthew David Didonato
21001061F
$21150
YOU ARE HEREBY PLACED ON NOTICE that the court may at any time rescind or modify any of the conditions of your probation,
or may extend the period of probation as authorized by law, or may discharge you from further supervision. If you violate any of the
conditions of your probation, you may be arrested and the court may revoke your probation, adjudicate you guilty if adjudication of
guilt was withheld, and impose any sentence that it might have imposed before placing you on probation or require you to serve the
balance of the sentence.
IT IS FURTHER ORDERED that when you have been instructed as to the conditions of probation, you shall be released from custody
if you are in custody, and if you are at liberty on bond, the sureties thereon shall stand discharged from liability. (This paragraph applies
only if section 1 or section 2 is checked.)
IT IS FURTHER ORDERED that you pay:
Court Costs, Fees, and Fines, as imposed at sentencing, in the total amount of: $ 865.00
Payments processed through the Department of Corrections will be assessed a 4% surcharge pursuant to s. 945.31, F.S.
Pursuant to s. 948.09, F.S., you will be assessed an amount of $2.00 per month for cach month of supervision for the Training Trust Fund Surcharge.
SPECIFIC INSTRUCTIONS FOR PAYMENT:
X All monetary obligations must be paid in full within seventeen (17) months.
IT IS FURTHER ORDERED that the clerk of this court file this order in the clerk’s office and provide certified copies of same to
the officer for use in compliance with the requirements of law.
DONE AND ORDERED, on this 28" day of December 2021.
weil
JeSigned by CUPP, OTT H in 21001061 F
‘on 01/29/2022 06:28:26 S1FPrOUX
I acknowledge receipt of a copy of this order and that the conditions have been explained to me and I agree to abide by them.
Date:
Defendant
Instructed by:
Supervising Officer
Electronic Service List
Public Defender 20th Circuit
Preview
Filing # 142920101 E-Filed 01/31/2022 07:41:29 AM STATE OF FLORIDA IN THE TWENTIETH JUDICIAL CIRCUIT COURT, IN AND FOR CHARLOTTE COUNTY -VS- CASE NUMBER 21001061F MATTHEW DAVID DIDONATO Defendant DC NUMBER $21150 ORDER OF PROBATION This cause coming before the Court to be heard, and you, the defendant, being now present before the court, and you having entered a plea of nolo contendere to Count 1 CNTL SUB WO PRESCRIPTION DRUGS POSSESS SECTION 1: JUDGMENT OF GUILT Oo The court hereby adjudges you to be guilty of the above offense(s). Now, therefore, it is ordered and adjudged that the imposition of sentence is hereby withheld and that you be placed on Probation for a period of eighteen (18) months under the supervision of the Department of Corrections, subject to Florida law. IT IS FURTHER ORDERED that you shall comply with the following standard conditions of supervision as provided by Florida law: (1) You will report to the probation officer as directed. (2) You will pay the State of Florida the amount of $50.00 per month, as well as 4% surcharge, toward the cost of your supervision in accordance with s. 948.09, F.S., unless otherwise exempted in compliance with Florida Statutes. (3) You will remain in a specified place. You will not change your residence or employment or leave the county of your residence without first procuring the consent of your officer. (4) You will not possess, carry or own any firearm. You will not possess, carry, or own any weapon without first procuring the consent of your officer. (5) You will live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of your probation, community control, or any other form of court ordered supervision. (6) You will not associate with any person engaged in any criminal activity. (7) You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician, an advanced practice Tegistered nurse, or a physician assistant. Nor will you visit places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed or used. (8) You will work diligently at a lawful occupation, advise your employer of your probation status, and support any dependents to the best of your ability, as directed by your officer. (9) You will promptly and truthfully answer all inquiries directed to you by the court or the officer, and allow your officer to visit in your home, at your employment site or elsewhere, and you will comply with all instructions your officer may give you. (10) You will pay restitution, court costs, and/or fees in accordance with special conditions imposed or in accordance with the attached orders. Matthew David Didonato 21001061F $21150 (11) You will submit to random testing as directed by your officer or the professional staff of the treatment center where you are receiving treatment to determine the presence or use of alcohol or controlled substances. (12) You will submit a DNA sample, as directed by your officer, for DNA analysis as prescribed in ss. 943.325 and 948.014, F.S. (13) You will submit to the taking of a digitized photograph by the department. This photograph may be displayed on the department’s website while you are on supervision, unless exempt from disclosure due to requirements of s. 119.07, FS. (14) You will report in person within 72 hours of your release from incarceration to the probation office in Charlotte County, Florida, unless otherwise instructed by the court or department. (This condition applies only if section 3 on the previous page is checked.) Otherwise, you must report immediately to the probation office located at 121 E. Marion Ave #125 Punta Gorda, FL 33950. SPECIAL CONDITIONS You must undergo a Drug and Alcohol evaluation and, if treatment is deemed necessary, you must successfully complete the treatment, and be responsible for the payment of any costs incurred while receiving said evaluation and treatment, unless waived by the court. You must report to probation immediately or upon release. You are subject to drug/alcohol testing/search. X 4 Your driver’s license is suspended for a period of six (6) months. No objection to business purpose only license. X 5. You must supply DNA sample to FDLE. Effective for offenders whose crime was committed on or after September 1, 2005, there is hereby imposed, in additional to any other r provision in this section, mandatory electronic monitoring as a condition of supervision for those who: Are placed on supervision for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; or Are designated as a sexual predator pursuant to s. 775.21; or Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older. You are hereby placed on notice that should you violate your probation or community control, and the conditions set forth in s. 948.063(1) or (2) are satisfied, whether your probation or community control is revoked or not revoked, you shall be placed on electronic monitoring in accordance with F.S. 948.063. Effective for offenders who are subject to supervision for a crime that was committed on or after May 26, 2010, and who has been convicted at any time of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses listed in s. 943.0435(1)(h)1.a.(1), ora similar offense in another jurisdiction, against a victim who was under the age of 18 at the time of the offense: the following conditions are imposed in addition to all other conditions: (a) A prohibition on visiting schools, child care facilities, parks, and playgrounds, without prior approval from the offender's supervising officer. The court may also designate additional locations to protect a victim. The prohibition ordered under this paragraph does not prohibit the offender from visiting a school, child care facility, park, or playground for the sole purpose of attending a religious service as defined in s. 775.0861 or picking up or dropping off the offender's children or grandchildren at a child care facility or school. (b) A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on or preceding Easter; entertaining at children's parties; or wearing a clown costume; without prior approval from the court. Effective for offenders whose crime was committed on or after October 1, 2014, and who is placed on probation or community control for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to all other conditions imposed, is prohibited from viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program. Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs, and computer services. Page 2 of 2 kk 1/28/2022 Judge Cupp Revised 07-01-2021 Matthew David Didonato 21001061F $21150 YOU ARE HEREBY PLACED ON NOTICE that the court may at any time rescind or modify any of the conditions of your probation, or may extend the period of probation as authorized by law, or may discharge you from further supervision. If you violate any of the conditions of your probation, you may be arrested and the court may revoke your probation, adjudicate you guilty if adjudication of guilt was withheld, and impose any sentence that it might have imposed before placing you on probation or require you to serve the balance of the sentence. IT IS FURTHER ORDERED that when you have been instructed as to the conditions of probation, you shall be released from custody if you are in custody, and if you are at liberty on bond, the sureties thereon shall stand discharged from liability. (This paragraph applies only if section 1 or section 2 is checked.) IT IS FURTHER ORDERED that you pay: Court Costs, Fees, and Fines, as imposed at sentencing, in the total amount of: $ 865.00 Payments processed through the Department of Corrections will be assessed a 4% surcharge pursuant to s. 945.31, F.S. Pursuant to s. 948.09, F.S., you will be assessed an amount of $2.00 per month for cach month of supervision for the Training Trust Fund Surcharge. SPECIFIC INSTRUCTIONS FOR PAYMENT: X All monetary obligations must be paid in full within seventeen (17) months. IT IS FURTHER ORDERED that the clerk of this court file this order in the clerk’s office and provide certified copies of same to the officer for use in compliance with the requirements of law. DONE AND ORDERED, on this 28" day of December 2021. weil JeSigned by CUPP, OTT H in 21001061 F ‘on 01/29/2022 06:28:26 S1FPrOUX I acknowledge receipt of a copy of this order and that the conditions have been explained to me and I agree to abide by them. Date: Defendant Instructed by: Supervising Officer Electronic Service List Public Defender 20th Circuit