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Florida Statute 397.706 - Full Text and Legal Analysis
Florida Statute 397.706 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 397
SUBSTANCE ABUSE SERVICES
View Entire Chapter
397.706 Screening, assessment, and disposition of juvenile offenders.
(1) The substance abuse treatment needs of juvenile offenders and their families must be identified and addressed through diversionary programs and adjudicatory proceedings pursuant to chapter 984 or chapter 985.
(2) The juvenile and circuit courts, in conjunction with department substate entity administration, shall establish policies and procedures to ensure that juvenile offenders are appropriately screened for substance abuse problems and that diversionary and adjudicatory proceedings include appropriate conditions and sanctions to address substance abuse problems. Policies and procedures must address:
(a) The designation of local service providers responsible for screening and assessment services and dispositional recommendations to the department and the court.
(b) The means by which juvenile offenders are processed to ensure participation in screening and assessment services.
(c) The role of the court in securing assessments when juvenile offenders or their families are noncompliant.
(d) Safeguards to ensure that information derived through screening and assessment is used solely to assist in dispositional decisions and not for purposes of determining innocence or guilt.
(3) Because resources available to support screening and assessment services are limited, the judicial circuits and department substate entity administration must develop those capabilities to the extent possible within available resources according to the following priorities:
(a) Juvenile substance abuse offenders.
(b) Juvenile offenders who are substance abuse impaired at the time of the offense.
(c) Second or subsequent juvenile offenders.
(d) Minors taken into custody.
(4) The court may require juvenile offenders and their families to participate in substance abuse assessment and treatment services in accordance with the provisions of chapter 984 or chapter 985 and may use its contempt powers to enforce its orders.
History.s. 8, ch. 93-39; s. 36, ch. 98-280; s. 42, ch. 2009-132.

F.S. 397.706 on Google Scholar

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Amendments to 397.706


Annotations, Discussions, Cases:

Cases Citing Statute 397.706

Total Results: 2  |  Sort by: Relevance  |  Newest First

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State v. R.B., 711 So. 2d 222 (Fla. 4th DCA 1998).

Published | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 5942

...still used the words “convicted” and “sentence.” Therefore, the state’s argument that use of these words clearly indicates that the legislature did not intend section 397.705(1) to juveniles is not persuasive. The state also contends that section 397.706(1) prevents a trial court from dismissing a juvenile’s charges pursuant to section 397.705(1) because the specific language and requirements of section 397.706(1) control over the general provisions of section 397.705(1). Apparently, the state is arguing the two sections should be construed together to mean that a juvenile’s charges could only be dismissed pursuant to chapter 39, Florida Statutes (1995). We disagree. Section 397.706(1), Florida Statutes (1995), provides, in part: (1) The substance abuse treatment needs of juvenile offenders and their families must be identified and addressed through diversionary programs and adjudicatory proceedings pursuant to chapter 39....
...Section 397.705(1), Florida Statutes (1995) gives trial courts the general authority to refer offenders to substance abuse programs and to dismiss their charges upon successful completion. If a court chooses to refer a juvenile pursuant to section 397.705(1), section 397.706(1) indicates that juveniles must attend programs designed for juveniles and be monitored by the juvenile court....
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State v. RB, 711 So. 2d 222 (Fla. 4th DCA 1998).

Published | Florida 4th District Court of Appeal | 1998 WL 263966

...egislature still used the words "convicted" and "sentence." Therefore, the state's argument that use of these words clearly indicates that the legislature did not intend section 397.705(1) to juveniles is not persuasive. The state also contends that section 397.706(1) prevents a trial court from dismissing a juvenile's charges pursuant to section 397.705(1) because the specific language and requirements of section 397.706(1) control over the general provisions of section 397.705(1). Apparently, the state is arguing the two sections should be construed together to mean that a juvenile's charges could only be dismissed pursuant to chapter 39, Florida Statutes (1995). We disagree. Section 397.706(1), Florida Statutes (1995), provides, in part: (1) The substance abuse treatment needs of juvenile offenders and their families must be identified and addressed through diversionary programs and adjudicatory proceedings pursuant to chapter 39....
...Section 397.705(1), Florida Statutes (1995) gives trial courts the general authority to refer offenders to substance abuse programs and to dismiss their charges upon successful completion. If a court chooses to refer a juvenile pursuant to section 397.705(1), section 397.706(1) indicates that juveniles must attend programs designed for juveniles and be monitored by the juvenile court....

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