Florida/Georgia Personal Injury & Workers Compensation

...The states that include juveniles in their sexual offender registration laws generally provide for lesser periods of registration, special requirements before a juvenile qualifies for registration, or special waiver mechanisms for juveniles. See id. [7] Section 985.03(31) defines a "Juvenile sexual offender" as: (a) A juvenile who has been found by the court pursuant to s....

...t plan). [3] At first blush, this issue may appear to be simple, somewhat esoteric, and purely procedural but is, in actuality, very practical and fundamental to the statutory role that a juvenile court must fulfill during a disposition hearing. See § 985.03(21), Fla....

...c from acts of delinquency," section 985.02(3), Florida Statutes (2007), and also provides that it is the duty of the juvenile court to provide "the most appropriate dispositional services [for the child] in the least restrictive available setting." § 985.03(21), Fla....

...report or probable cause affidavit of delinquency ... to determine the recommendation to be taken in the best interests of the child, the family, and the community. The emphasis of intake is on diversion and the least restrictive available services. § 985.03(27), Fla....

...The PDR stated that E.A.R.'s treatment should address his disruptive behaviors, such as attendance in an anti-theft course, education on appropriate coping skills, and instruction on how to avoid deviant behavior and peers. Consequently, the PDR specifically recommended a "moderate-risk residential commitment" pursuant to section 985.03(44)(c), Florida Statutes (2007), which states: Programs or program models at this commitment level are residential but may allow youth to have supervised access to the community....

...Again, disposition hearings provide the forum for the court to perform the legislatively required function of determining "the most appropriate dispositional services in the least restrictive available setting provided for under part VII" of chapter 985. § 985.03(21), Fla....

...delinquent, recounted only information contained in the comprehensive assessment and PDR (information which the DJJ had also considered), and then departed from the recommended moderate-risk residential commitment and, instead, committed E.A.R. to a high-risk residential program pursuant to section 985.03(44)(d), Florida Statutes (2007), which states: Programs or program models at this commitment level are residential and do not allow youth to have access to the community, except that temporary release providing community access for up...

...he community than one placed in a moderate-risk facility. Finally, in contrast to high-risk facilities, moderate-risk facilities do not allow for "single cell occupancy." Importantly, in addition to these differences, which are apparent from reading section 985.03(44), the anticipated "lengths of stay," [21] treatment approaches, and available services vary between DJJ facilities....

...attempt to discuss why a high-risk commitment — as opposed to a moderate-risk commitment (which the DJJ recommended in its professional capacity) — provided "the most appropriate dispositional services in the least restrictive available setting. " § 985.03(21), Fla....

...5th DCA 1998), where it was observed that a juvenile court's departure reasons "must have reference to the characteristics of the restrictiveness level vis-à-vis the needs of the child." J.L.O., 721 So.2d at 443 (Griffin, C.J., dissenting) (citing § 985.03(45), Fla....

...[26] Therefore, a disposition hearing is actually the culmination of a more extensive process, which the Legislature constructed to provide adjudicated juvenile offenders "the most appropriate dispositional services in the least restrictive available setting" while also protecting the public from further acts of delinquency. § 985.03(21), Fla....

...rtment-recommended restrictiveness levels based upon preponderance of the evidence ... [ [27] ]; provid[ed] powers of disposition.... Ch. 90-208, title, at 1083, Laws of Fla. The 1990 Act revised section 39.01(21), Florida Statutes, the precursor to section 985.03(21), Florida Statutes (2007), to state: "Disposition hearing" means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 39.052(3) 39.09(3), in delinquency cases.... Ch. 90-208, § 3, at 1090-91, Laws of Fla.; [28] see also § 39.01(21), Fla. Stat. (Supp.1990); § 985.03(21), Fla....

...Restrictiveness levels must be established by the department by rule, provided however that there shall be no more than 8 levels. Ch. 90-208, § 3, at 1094, Laws of Fla. (emphasis supplied); § 39.01(61), Fla. Stat. (Supp.1990) (emphasis supplied). Section 985.03(44)(a)-(e), Florida Statutes (2007), contains a more detailed definition of "restrictiveness level," which separately delineates each level, from low-risk residential to maximum-risk residential, based on the risks and needs of the youths that should be committed at the specified level....

...tional services in the least restrictive available setting" and the requirement that the juvenile court exercise " appropriate discretion " when doing so. §§ 39.001(2)(f), 39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(1)(e)1., 985.03(21), Fla. Stat. (2007) (emphasis supplied). These are the specific decisions that a juvenile court is required to make during a disposition hearing. The definitions provided in section 39.01, Florida Statutes (Supp.1990), and section 985.03, Florida Statutes (2007), do not define the "reasons" that the juvenile court must provide when departing from a DJJ-recommended disposition....

...appropriate discretion " in providing the juvenile offender with "the most appropriate dispositional services in the least restrictive available setting." §§ 39.001(2)(f), 39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(1)(e)1., 985.03(21), Fla....

..." and "justify" why one restrictiveness level is more appropriate than another is for the court to: (1) Articulate an understanding of the respective characteristics of the opposing restrictiveness levels (which are currently statutorily codified in section 985.03(44)(a)-(e), Florida Statutes (2007)) including (but not limited to) the type of child that each restrictiveness level is designed to serve, the potential "lengths of stay" associated with each level, and the divergent treatment program...

...Simply listing "reasons" that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender with "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b) Fla....

...reponderance of the evidence, but also requires that the proffered reasons address and explain why departure is necessary to provide the juvenile offender with "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007); see also §§ 985.01-.02, 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...Without such a standard, the appellate courts lacked a viable basis for meaningful review to determine whether and how a departure disposition provided a juvenile with "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla....

...rement of stating the reason for departing from the DJJ recommendation, common sense dictates that not just any reason will do. The reason must have reference to the characteristics of the restrictiveness level vis-à-vis the needs of the child. See § 985.03(45)(1997)....

...relate to, and further, the needs of the child, while providing adequate protection to the public, because that is the animating *636 purpose and requirement of the disposition hearing. To support this proposition, courts have relied, inter alia, on section 985.03(45), Florida Statutes (1997), [35] which separately delineated each level — from low-risk residential to maximum-risk residential — based on the needs and risks associated with the type of youth who should be committed at the specified level. See § 985.03(45)(a)-(e), Fla....

...e-risk placement prior to the institution of the current proceedings and, therefore, never ran away from such placement. Thus, there is no evidence that a moderate-risk placement would be insufficient to keep [the child] under control. ... [S]ection 985.03(45)(c), provides "[p]lacement in programs at [the high-risk residential] level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels." It is clear that the statute is referring to juveniles...

...ted by a preponderance of the evidence, they may nonetheless be insufficient to explain and justify how the court's departure decision provides "the most appropriate dispositional services [for the child] in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007). Tellingly, the Legislature has defined the various restrictiveness levels for the very purpose of promoting comparison and identifying the level that best suits the needs and risks of the child. See § 985.03(44)(a)-(e), Fla....

...ons, fails to require a basis for meaningful appellate review, and, likewise, fails to further the Legislature's statutory objectives, which include the underlying requirements for a sound determination at a disposition hearing. See §§ 985.01-.02, 985.03(21), 985.433(7)(b), Fla....

...Simply listing "reasons" that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b) Fla....

...hoice that the Legislature has made. The reality is that disposition decisions involve weighing a wide array of circumstances which are relevant to determining "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla....

...re are no relevant substantive differences between the 2006 and 2007 versions. [2] From a conceptual standpoint, "disposition" is the phase of a juvenile delinquency proceeding that roughly corresponds to sentencing during a criminal proceeding. See § 985.03(21), Fla....

...(2007) (stating that the legislative purpose underlying chapter 985 includes due consideration for "the specific rehabilitation needs of the child," and adjudication and disposition decisions that are "in keeping with the seriousness of the offense and the need for treatment services"), and § 985.03(21), Fla....

...Second, residential commitments separate offenders from society during the process of rehabilitation."). [6] See § 810.08(1), (2)(a), Fla. Stat. (2005). [7] See § 810.02(1)(b), (4)(b), Fla. Stat. (2005). [8] See § 831.02, Fla. Stat. (2006). [9] Section 985.03(18)(a), Florida Statutes (2007), defines "secure detention" as: "temporary custody of the child while the child is under the physical restriction of a detention center or facility pending adjudication, disposition, or placement." See also Schall v. Martin, 467 U.S. 253, 274, 104 S.Ct. 2403, 81 L.Ed.2d 207 (1984). [10] Delinquency "adjudication" represents the juvenile equivalent of the guilt phase of a criminal trial. See §§ 985.03(2), 985.35, Fla....

...The court shall consider the [DJJ's] recommendation in making its commitment decision. (Emphasis supplied.) Based on this recommendation, the circuit court's duty is to determine "the most appropriate dispositional services in the least restrictive available setting provided for under part VII" of chapter 985. § 985.03(21), Fla....

...(2007) ("The juvenile probation officer shall coordinate the multidisciplinary assessment when required, which includes the classification and placement process that determines the child's priority needs, risk classification, and treatment plan."); see also § 985.03(11), Fla....

...[18] A trade-name antidepressant. [19] A trade-name antipsychotic. [20] Such external concerns, which have nothing to do with the needs, well-being, and risks of the juvenile offender, are improper considerations during a disposition hearing. See §§ 985.03(21), 985.433, Fla....

...State, 724 So.2d 660, 660-61 (Fla. 2d DCA 1999); S.L. v. State, 708 So.2d 1006, 1007-08 (Fla. 2d DCA 1998). [23] M.S., 927 So.2d at 1046 (quoting A.J.V. v. State, 842 So.2d 1027, 1029 (Fla. 2d DCA 2003)). [24] §§ 985.01-.02, Fla. Stat. (2007). [25] § 985.03(1)-(57), Fla....

...e v. Goode, 830 So.2d 817, 824 (Fla.2002) ("[A] basic rule of statutory construction provides that the Legislature does not intend to enact useless provisions, and courts should avoid readings that would render part of a statute meaningless."). [33] § 985.03(21), Fla. Stat. (2007); formerly § 985.03(22), Fla....

...(1995); formerly § 39.01(21), Fla. Stat. (Supp.1990). [34] § 985.433(7)(b), Fla. Stat. (2007); formerly § 985.23(3)(c), Fla. Stat. (2005); formerly § 39.052(4)(e)3., Fla. Stat. (1995); formerly § 39.052(3)(e)3., Fla. Stat. (Supp.1990). [35] This section is a predecessor of section 985.03(44), Florida Statutes (2007)....

...report or probable cause affidavit of delinquency ... to determine the recommendation to be taken in the beet interests of the child, the family, and the community. The emphasis of intake is on diversion and the least restrictive available services. § 985.03(27), Fla....

..., such as attendance in an anti-theft course, education on appropriate coping skills, and instruction on how to avoid deviant behavior and peers. Consequently, the PDR specifically recommended a “moderate-risk residential commitment” pursuant to section 985.03(44)(c), Florida Statutes (2007), which states: Programs or program models at this commitment level are residential but may allow youth to have supervised access to the community....

...Again, disposition hearings provide the forum for the court to perform the legislatively required function of determining “the most appropriate dispositional services in the least restrictive available setting provided for under part VII” of chapter 985. § 985.03(21), Fla....

...delinquent, recounted only information contained in the comprehensive assessment and PDR (information which the DJJ had also considered), and then departed from the recommended moderate-risk residential commitment and, instead, committed E.A.R. to a high-risk residential program pursuant to section 985.03(44)(d), Florida Statutes (2007), which states: Programs or program models at this commitment level are residential and do not allow youth to have access to the community, except that temporary release providing community access for up...

...ommunity than one placed in a moderate-risk facility. Finally, in contrast to high-risk facilities, moderate-risk facilities do not allow for “single cell occupancy.” Importantly, in addition to these differences, which are apparent from reading section 985.03(44), the anticipated “lengths of stay,” 21 treatment approaches, and available services vary between DJJ facilities....

...t to discuss why a high-risk commitment — as opposed to a moderate-risk commitment (which the DJJ recommended in its professional capacity) — provided “the most appropriate dis-positional services in the least restrictive available setting.” § 985.03(21), Fla....

...5th DCA 1998), where it was observed that a juvenile court’s departure reasons “must have reference to the characteristics of the restrictiveness level vis-a-vis the needs of the child.” J.L.O., 721 So.2d at 443 (Griffin, C.J., dissenting) (citing § 985.03(45), Fla....

...sive process, which the Legislature constructed to provide adjudicated juvenile offenders “the most appropriate dispositional services in the least restrictive available setting” while also protecting the public from further acts of delinquency. § 985.03(21), Fla....

...epartment-recommended restrictiveness levels based upon preponderance of the evidence ... [ 27 ]; provided] powers of disposition.... Ch. 90-208, title, at 1083, Laws of Fla. The 1990 Act revised section 39.01(21), Florida Statutes, the precursor to section 985.03(21), Florida Statutes (2007), to state: “Disposition hearing” means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 39.052(3) 39.09(3), in delinquency cases.... Ch. 90-208, § 3, at 1090-91, Laws of Fla.; 28 see also § 39.01(21), Fla. Stat. (Supp.1990); § 985.03(21), Fla....

...Restrictiveness levels must be established by the department by rule, provided however that there shall be no more than 8 levels. Ch. 90-208, § 3, at 1094, Laws of Fla. (emphasis supplied); § 39.01(61), Fla. Stat. (Supp.1990) (emphasis supplied). Section 985.03(44)(a)-(e), Florida Statutes (2007), contains a more detailed definition of “restrictiveness level,” which separately delineates each level, from low-risk residential to maximum-risk residential, based on the risks and needs of the youths that should be committed at the specified level....

...al sendees in the least restrictive available setting” and the requirement that the juvenile court exercise “appropriate discretion ” when doing so. §§ 39.001(2)(f), 39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(l)(e)l., 985.03(21), Fla. Stat. (2007) (emphasis supplied). These are the specific decisions that a juvenile court is required to make during a disposition hearing. The definitions provided in section 39.01, Florida Statutes (Supp.1990), and section 985.03, Florida Statutes (2007), do not define the “reasons” that the juvenile court must provide when departing from a DJJ-recommended disposition....

...priate discretion” in providing the juvenile offender with “the most appropriate dispositional services in the least restrictive available setting.” §§ 39.001(2)(f), 39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(l)(e)l., 985.03(21), Fla....

...d “justify” why one restrictiveness level is more appropriate than another is for the court to: (1) Articulate an understanding of the respective characteristics of the opposing restrictiveness levels (which are currently statutorily codified in section 985.03(44)(a)-(e), Florida Statutes (2007)) including (but not limited to) the type of child that each restrictiveness level is designed to serve, the potential “lengths of stay” associated with each level, and the divergent treatment pro...

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender with “the most appropriate dis-positional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b) Fla....

...nderance of the evidence, but also requires that the proffered reasons address and explain why departure is necessary to provide the juvenile offender with “the most appropriate dispositional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007); see also §§ 985.01-02, 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...Without such a standard, the appellate courts lacked a viable basis for meaningful review to determine whether and how a departure disposition provided a juvenile with “the most appropriate dispo-sitional services in the least restrictive available setting.” § 985.03(21), Fla....

...ent of stating the reason for departing from the DJJ recommendation, common sense dictates that not just any reason will do. The reason must have reference to the characteristics of the restrictiveness level vis-a-vis the needs of the child. ■ See § 985.03(45X1997)....

...relate to, and further, the needs of the child, while providing adequate protection to the public, because that is the animating *636 purpose and requirement of the disposition hearing. To support this proposition, courts have relied, inter alia, on section 985.03(45), Florida Statutes (1997), 35 which separately delineated each level — from low-risk residential to maximum-risk residential — based on the needs and risks associated with the type of youth who should be committed at the specified level. See § 985.03(45)(a)-(e), Fla....

...e-risk placement prior to the institution of the current proceedings and, therefore, never ran away from such placement. Thus, there is no evidence that a moderate-risk placement would be insufficient to keep [the child] under control. ... [S]ection 985.03(45)(c), provides “[placement in programs at [the high-risk residential] level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels.” It is clear that the statute is referring to juvenil...

...a preponderance of the evidence, they may nonetheless be insufficient to explain and justify how the court’s departure decision provides “the most appropriate dispositional services [for the child] in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007). Tellingly, the Legislature has defined the various restrictiveness levels for the very purpose of promoting comparison and identifying the level that best suits the needs and risks of the child. See § 985.03(44)(a)-(e), Fla....

...ns, fails to require a basis for meaningful appellate review, and, likewise, fails to further the Legislature’s statutory objectives, which include the underlying requirements for a sound determination at a disposition hearing. See §§ 985.01-02, 985.03(21), 985.433(7)(b), Fla....

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing' the juvenile offender “the most appropriate dispositional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b) Fla....

...2008) (quoting United States v. Galindo-Gallegos, 244 F.3d 728, 730 (9th Cir.2001)). . From a conceptual standpoint, "disposition" is the phase of a juvenile delinquency proceeding that roughly corresponds to sentencing during a criminal proceeding. See § 985.03(21), Fla....

...(2007) (stating that the legislative purpose underlying chapter 985 includes due consideration for "the specific rehabilitation needs of the child,” and adjudication and disposition decisions that are "in keeping with the seriousness of the offense and the need for treatment services”), and § 985.03(21), Fla....

...others. Second, residential commitments separate offenders from society during the process of rehabilitation.”). . See § 810.08(1), (2)(a), Fla. Stat. (2005). . See § 810.02(l)(b), (4)(b), Fla. Stat. (2005). . See § 831.02, Fla. Stat. (2006). . Section 985.03(18)(a), Florida Statutes (2007), defines “secure detention” as: “temporary custody of the child while the child is under the physical restriction of a detention center or facility pending adjudication, disposition, or placement.” See also Schall v. Martin, 467 U.S. 253, 274 , 104 S.Ct. 2403 , 81 L.Ed.2d 207 (1984). . Delinquency "adjudication” represents the juvenile equivalent of the guilt phase of a criminal trial. See §§ 985.03(2), 985.35, Fla....

...The court shall consider the [DJJ's] recommendation in making its commitment decision. (Emphasis supplied.) Based on this recommendation, the circuit court's duty is to determine "the most appropriate dispositional services in the least restrictive available setting provided for under part VII” of chapter 985. § 985.03(21), Fla....

...(2007) (“The juvenile probation officer shall coordinate the multidisciplinary assessment when required, which includes the classification and placement process that determines the child's priority needs, risk classification, and treatment plan.”); see also § 985.03(11), Fla....

...A trade-name amphetamine. . A trade-name antidepressant. . A trade-name antipsychotic. . Such external concerns, which have nothing to do with the needs, well-being, and risks of the juvenile offender, are improper considerations during a disposition hearing. See §§ 985.03(21), 985.433, Fla....

...1st DCA 1999); A.K. v. State, 724 So.2d 660, 660-61 (Fla. 2d DCA 1999); S.L. v. State, 708 So.2d 1006, 1007-08 (Fla. 2d DCA 1998). . M.S., 927 So.2d at 1046 (quoting A.J.V. v. State, 842 So.2d 1027, 1029 (Fla. 2d DCA 2003)). . §§ 985.01-.02, Fla. Stat. (2007). . § 985.03(l)-(57), Fla....

...v. Goode, 830 So.2d 817, 824 (Fla.2002) (“[A] basic rule of statutory construction provides that the Legislature does not intend to enact useless provisions, and courts should avoid readings that would render part of a statute meaningless.”). . § 985.03(21), Fla. Stat. (2007); formerly § 985.03(22), Fla....

...(1995); formerly § 39.01(21), Fla. Stat. (Supp.1990). . § 985.433(7)(b), Fla. Stat. (2007); formerly § 985.23(3)(c), Fla. Stat. (2005); formerly § 39.052(4)(e)3., Fla. Stat. (1995); formerly § 39.052(3)(e)3„ Fla. Stat. (Supp.1990). . This section is a predecessor of section 985.03(44), Florida Statutes (2007)....

...His prior record and history in the juvenile justice system consisted of an allegation that he *370 threw eggs at a school bus, which matter was closed without sanctions. In a predisposition report, the Department recommended a low-risk residential placement. See section 985.03(45)(b), Florida Statutes (1997). The trial court rejected this recommendation and committed A.C.N. to the custody of the Department at the "high-risk residential" restrictiveness level. See § 985.03(45)(d), Fla....

...ther delinquent or criminal acts, see P.W.G. v. State, 682 So.2d 1203, 1208 (Fla. 1st DCA 1996), aff'd, 702 So.2d 488 (Fla.1997), the protection of society and punishment of the child are appropriate considerations. See, e.g., sections 985.01(c) and 985.03(45)(d), Florida Statutes (1997); see also Q.L.J., 714 So.2d at 630 ("[I]t was clearly proper for the trial court to be concerned about the need to protect society from the possibility that appellant might commit further criminal acts."). The restrictiveness level recommended by the Department, however, requires the placement of appellant in a residential program. See § 985.03(45)(b), Fla....

...Unlike Q.L.J., 714 So.2d at 630, the trial court here does not state how the violent or serious nature of the appellant's offenses or the surrounding circumstances might establish a need for 24-hour-per-day secure custody, care, and supervision of appellant. § 985.03(45)(d), Fla....

...centers, and other juvenile alternative programs. The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was that the statute assesses this surcharge for a violation of section 784.03 (battery statute), and section 985.03(58) defines "violation of law" or a "delinquent act" as a "violation of any law of this state." [n.1] [n.1] Section 985.03(58) provides: `Violation of law' or `delinquent act' means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult....

...1893, 123 L.Ed.2d 563 (1993) (citing 10 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2666 (2d. ed. 1983)). "Most commonly these include such items as docket fees, clerk's and marshal's charges, and witness' fees." Wright, Miller, & Kane, supra. Section 985.03(14) defines "court" as "the circuit court assigned to exercise jurisdiction under this chapter." When used with the word "court," the phrase "court fee" connotes a sum fixed by law that is paid or charged for a court's services, particularly those of the marshal or clerk of court....

...Chapter 985, Florida Statutes (1997), which codifies the juvenile justice system in Florida, defines "juvenile" or "child" as "any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of 18 years." § 985.03(6), Fla....

...centers, and other juvenile alternative programs. The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was that the statute assesses this surcharge for a violation of section 784.03 (battery statute), and section 985.03(58) defines "violation of law" or a "delinquent act" as a "violation of any law of this state." [1] This definition comes from Chapter 985, the Chapter which deals with juvenile delinquency....

...Sections 938.08 and 938.085 make no reference to delinquency proceedings. Thus I would have concluded that the trial court erred in this juvenile case, in imposing the surcharges against V.K.E., pursuant to sections 938.05 and 938.085. GRIFFIN, J., concurs. NOTES [1] Section 985.03(58) provides: `Violation of law' or `delinquent act' means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult....

...in a residential facility, rather than adhering to DJJ's recommendation for probation, was that she had previously committed a similar theft. [7] The trial judge offered no reason, however, why this would "require placement and services in [a] residential setting[ ]." § 985.03(45)(a), Fla....

...5th DCA 2001) ("[I]t is improper for the trial court to aggravate a sentence because the defendant failed to exhibit remorse for having committed the offense. This constitutional right is also enjoyed by juveniles in their criminal adjudicatory proceedings. . . .") (citations omitted). [5] Section 985.03(45)(a), Florida Statutes (2004), defines the low-risk residential commitment level: Programs or program models at this commitment level are residential but may allow youth to have unsupervised access to the community....

...was a risk to public safety because she was involved with street level drug sales. On January 21, 2004, K.M. moved to correct the disposition so as to place her in moderate-risk placement. Following the denial of that motion, K.M. filed this appeal. Section 985.03(45), Florida Statutes (2003), defines moderate-risk and high-risk residential programs as follows: (b) Moderate-risk residential....

...s on its concern that K.M. was a threat to public safety as a result of her involvement with street level drug sales. However, the petition for delinquency did not allege that K.M. was engaged in the sale of drugs, but merely possession. Once again, section 985.03(45)(c), provides "[p]lacement in programs at [the high-risk residential] level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels." It is clear that the statute is referring to ju...

...hould prevail. We believe that a plain reading of section 938.08 supports the cost assessment in a juvenile proceeding. Section 938.08 states that a fee be assessed for "a violation of... s. 784.03...." § 938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a "`violation of law' or ` delinquent act '" as "a violation of any law of this state, the United States, or any other states which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult." § 985.03, Fla. Stat. (2004) (emphasis added). Clearly, under section 985.03(58), a "delinquent act" is defined as a "violation of law." A "violation of law," specifically, a violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge....

...Simply listing "reasons" that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...the divergent treatment programs and services available to the juvenile at these levels." E.A.R., 4 So.3d at 638 (emphasis added). Here, the trial court implied that the moderate-risk facility would offer the child a "structured" drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk facilities have drug treatment programs as suggested by the trial court....

...In fact, in M.H., we specifically noted, "The underlying offenses for sale and possession of marijuana are not violent crimes which dictate a heightened need to protect the public, but even if they were, the trial court never stated appellant posed any threat to society." M.H., 69 So.3d 325, 328. Section 985.03(45)(e), Florida Statutes (2010), defines a "Maximum-risk residential" facility as: Programs or program models at this commitment level include juvenile correctional facilities and juvenile prisons....

...um-risk facility that will better serve Appellant's need to change his ways. [†] While the majority states there is no discernable difference between the security provided at high-risk and maximum-risk facilities, there are several key differences. Section 985.03(45) requires that high-risk facilities authorize a 72-hour community leave in certain circumstances, although such is not the case at a maximum-risk facility. The statute also states that placement at the maximum-risk level is prompted by a demonstrated need to protect the public. § 985.03(45), Fla....

...ty,” as defined in chapters 984 and 985, to mean: “a facility used pending court adjudication or disposition or execution of court order for the temporary care of a child alleged or found to have committed a violation of law.” §§ 984.03(19), 985.03(19), Fla....

...y detainee under section 784.082. Juvenile detention centers are facilities used “pending court adjudication or disposition or execution of court order for the temporary care of a child alleged or found to have committed a violation of law.” See § 985.03(19), Fla. Stat. (2007); see also § 985.03(46), Fla....

...hild alleged or found to have committed a violation of law. A detention center or facility may provide secure or nonsecure custody. A facility used for the commitment of adjudicated delinquents shall not be considered a detention center or facility. § 985.03(19), Fla....

...(2007) (supplying the same definition for “detention center or facility”). By its own terms, the “detention center or facility” definition appearing in both chapters 984 and 985 is limited to each respective chapter. See § 984.03, Fla. Stat. (2007) (<cWhen used in this chapter... .”); § 985.03, Fla....

...The plain and ordinary meaning of “detention facility” must undoubtedly include the temporary detention of juveniles in juvenile detention centers “pending court adjudication or disposition or execution of court order for the temporary care of a child alleged or found to have committed a violation of law.” See § 985.03(19), Fla....

...The First District found that "[njothing in section 784.082 indicate[d] that the statute applie[d] to juveniles held in juvenile facilities.” Id. . Unlike in section 784.082, the Legislature opted to include the specific references to sections 984.03 and 985.03 in section 784.075: A person who commits a battery on a juvenile probation officer, as defined in s. 984.03 or s. 985.03, on other staff of a detention center or facility as defined in s. 984.03(19) or s. 985.03, or on a staff member of a commitment facility as defined in s. 985.03, commits a felony of the third degree .......

...ited by the statute because the terms "delinquent or dependent child" and "child in need of services" were not defined. These terms are, however, described to greater or lesser degree in chapters 39, 984 and 985 of the Florida Statutes. For example, section 985.03(9), Florida Statutes (1997), defines a "child who has been found to have committed a delinquent act": (9) "Child who has been found to have committed a delinquent act" means a child who, pursuant to the provisions of this chapter, is f...

...es of Juvenile Procedure. (e) To have no parent, legal custodian, or responsible adult relative to provide supervision and care. (f) To be at substantial risk of imminent abuse or neglect by the parent or parents or custodian. Sections 984.03(9) and 985.03(8), Florida Statutes (1997) define the term "child in need of services." Both sections identically provide: "Child in need of services" means a child for whom there is no pending investigation into an allegation or suspicion of abuse, neglect,...

...th District Court of Appeal in M.P. v. State, 988 So.2d 1266 (Fla. 5th DCA 2008). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The decisions of the Second and Fifth Districts are in conflict as to the sanctions that may be imposed under section 985.037(2), Florida Statutes (2010), when a juvenile is found to be in indirect contempt of court for multiple violations of a single probation order....

...The second period of secure detention *354 was not to commence until the first period had expired. J.M., 53 So.3d at 1246 . On November 15, 2010, J.M. filed a petition for writ of habeas corpus in the Second District, arguing that his sentence was illegal under section 985.037, Florida Statutes (2010)....

...The statute provides in pertinent part: “A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense.” § 985.037(2), Fla. Stat. (2010). 2 In his habeas petition, J.M. cited M.P., 988 So.2d at 1266 , in which the Fifth District Court of Appeal held that section 985.037 does not authorize a trial court to impose consecutive sentences of secure detention for multiple violations of a single probation order....

...The trial court sentenced M.P. to five days’ detention for the first count, three of which were suspended, and fifteen days’ detention for the second count, which were fully suspended. See M.P., 988 So.2d at 1266 . M.P. appealed, challenging her sentence as unauthorized by section 985.037....

...reinstatement or modification of probation rather than the violation of several conditions of a single probation order.” M.P., 988 So.2d at 1267 (quoting Williams, 594 So.2d at 274 n. 3). Based on Williams , the Fifth District reasoned that under section 985.037(2), the trial court was permitted to impose only a single sentence of five days’ detention for M.P.’s violation of the probation order....

...lation would be considered a ‘second or subsequent offense’ and could subject her to a fifteen-day placement in secure detention.” M.P., 988 So.2d at 1267 . 3 In J.M., the Second District disagreed with the Fifth District’s interpretation of section 985.037 and instead followed the decision of the First District in K.Q.S. v. State, 975 So.2d 536 (Fla. 1st DCA 2008), which likewise addressed the sanctions that may be imposed under section 985.037, Florida Statutes (2007). See J.M., 53 So.3d at 1247 . The First District stated in K.Q.S.: Although section 985.037 limits a sentence for a second or subsequent offense to fifteen days, nothing in the statute states that multiple instances of direct contempt cannot be separately punished with consecutive sentences of fifteen days of confinement for each offense....

...We note that a trial court may, in a single proceeding, adjudicate a defendant guilty of multiple instances of indirect criminal contempt and may thereafter impose consecutive sentences for each conviction. See, e.g., Attwood v. State, 687 So.2d 271, 272 (Fla. 4th DCA 1997). We see nothing in section 985.037(2) that prohibits the circuit court from doing so in the present case....

...subsequently filed a petition for review in this Court. We granted review, dispensing with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. See J.M. v. Gargett, 58 So.3d 260 (Fla.2011). 4 ANALYSIS The issue presented in this case is whether section 985.037, Florida Statutes (2010), authorizes a trial court to sentence a juvenile to consecutive periods in a secure detention facility where the juvenile has committed multiple violations of a single probation order....

...iled to comply with the sanction. A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent offense. § 985.037(l)-(2), Fla....

...When the language is unambiguous and conveys a clear and definite meaning, that meaning controls unless it leads to a result that is either unreasonable or clearly contrary to legislative intent.” Id. (citations omitted). In this case, we find that the Second District’s interpretation of section 985.037 is in accord with the clear language of the statute. Section 985.037(2) plainly states that “[a] delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility not to exceed 5 days for a first offense and not to exceed 15 days for a second or subsequent...

...e face of the statute; trial courts are explicitly authorized to sentence a juvenile to up to five days in secure detention for a first act of contempt, and up to fifteen days in secure detention for each additional act of contempt. As made clear in section 985.037(1), “indirect contempt of a valid court order” is among the “offense[s]” contemplated by subsection (2)....

...Jones, 419 So.2d 618 (Fla.1982) (approving a trial court order adjudicating a child guilty of two counts of indirect criminal contempt where the child had violated two conditions of a previous court order), overruled on other grounds by A.A., 604 So.2d at 818-19. Thus, under section 985.037, a juvenile who violates a court order on multiple occasions — and in doing so commits several acts of indirect contempt — may be sentenced to up to five days’ secure detention for the first offense, and up to fifteen days’ secure detention for each second or subsequent offense....

...5 Moreover, the interpretation of the statute adopted by the Fifth District is contrary to the declared intent of the Legislature to authorize trial courts to “punish any child for contempt ... for violating any provision of this chapter or order of the court relative thereto.” § 985.037(1)....

...the immediate presence of the court.” Id. at 814 n. 5. . Chapter 985 defines a "[s]ecure detention center or facility” as "a physically restricting facility for the temporary care of children, pending adjudication, disposition, or placement.” § 985.03(47), Fla....

...5th DCA 2007), in which the court similarly held that it was error under section 985.216 for a trial court to impose consecutive sentences for multiple violations of a single probation order. Id. at 94 n. 2 (noting that section 985.216 was renumbered as section 985.037, effective Jan....

...acknowledges in his Initial Brief that his sentence has long since been served in full. He argues, however, that the case should not be dismissed as moot because the conflict between the district courts will likely continue to result in inconsistent applications of section 985.037 in future cases....

...The court made no reference to the level 8 restrictiveness level or how such a level served the needs of S.S.M. Furthermore, considering the offenses committed by S.S.M. (resisting arrest without violence and disrupting a school class), it is unlikely that such a commitment was necessary to protect the "public safety." § 985.03(45)(c), Fla....

...Simply listing "reasons" that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...Further, the reasons given by this trial court, here, included the child's exposure to danger by her conduct in leaving home for extended periods of time in the company of older men, that she is a flight risk, and her history of repeated violations of her community supervision. A review of section 985.03(45), Florida Statutes (2001), provides the court with information concerning the extent to which a commitment program is secure....

...Facilities are hardware-secure with perimeter fencing and locking doors." "Moderate-risk" programs "may allow youth to have supervised access to the community. Facilities are either environmentally secure, staff secure, or are hardware-secure with walls, fencing, or locking doors." § 985.03(45)(b), Fla....

...the divergent treatment programs and services available to the juvenile at these levels." E.A.R., 4 So.3d at 638 (emphasis added). Here, the trial court implied that the moderate-risk facility would offer the child a "structured" drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk facilities have drug treatment programs as suggested by the trial court....

...mmitment levels. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. The facility may provide for single cell occupancy. § 985.03(46)(d), Fla....

...As recognized in E.R., secure detention closely resembles county jail. 584 So.2d at 159. Secure detention exists solely to maintain "temporary custody of the child while the child is under the physical restriction of a detention center or facility pending adjudication, disposition, or placement." § 985.03(19)(a), Fla....

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender “the most appropriate disposi-tional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...a stipulation to which his opponent agrees."). Furthermore, the statutory definitions of the restrictiveness levels themselves do not demonstrate that J.A.R.'s needs would be better served by the programs available in a moderate-risk placement. See § 985.03(45)(a)-(b) (generally defining the restrictiveness of the low-risk and moderate-risk residential programs)....

...nse dictates that not just any reason will do. See Q.L.J. v. State, 714 So.2d 628, 23 Fla. Law Weekly D1781 (Fla. 1st DCA 1998). The reason must have reference to the characteristics of the restrictiveness level vis-a-vis the needs of the child. See § 985.03(45)(1997)....

...dential facility was necessary. Therefore, the departure disposition is supported by a preponderance of the evidence. The trial court's departure from the department's recommendations is affirmed. AFFIRMED. PETERSON and PLEUS, JJ., concur. NOTES [1] Section 985.03(45)(c), Florida Statutes defines a high-risk residential program as: Programs or program models at this commitment level are residential and shall not allow youth to have access to the community....

...ment levels. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. The facility may provide for single cell occupancy. [2] Section 985.03(45)(b), Florida Statutes, defines a moderate-risk residential program as: Programs or program models at this commitment level are residential but may allow youth to have supervised access to the community....

...Accordingly, there was no identification of a “restrictiveness level” by DJJ, as contemplated by section 985.433(7)(a)-(b). Probation is not a restrictiveness level because it is a limitation on the freedom of the child “in lieu of commitment to the custody of the department.” § 985.03(44), Fla. Stat. In contrast, “restrictiveness level” is defined as the level of “programming and security provided by programs that service ... committed children.” § 985.03(46), Fla. Stat. “Restrictiveness level” refers to “levels of commitment,” and probation is not included in the list of these levels. § 985.03(46)(a)-(e), Fla....

...conding from a "community control program." The Definitions section of Chapter 985, the Juvenile Delinquency statute, does not include a definition of the term "community control program," although that term is used throughout the chapter. [2] See §§ 985.03 (definitions); 985.215(2)(a) (detention); 985.228(5) (adjudications); 985.23(3)(d), (4) (disposition hearings); 985.231(1)(a)1 (dispositions); 985.233(1)(a) (sentencing)....

...ney or in kind, a curfew, revocation or suspension of the driver's license of the child, community service, and appropriate educational programs as determined by the district school board. (emphasis added). The term "community control" is defined in section 985.03(12) of the statute: "Community control" means the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act....

...That subsection applies when a court determines "that the child should be adjudicated as having committed a delinquent act and should be committed to the [Department of Juvenile Justice]." Id. (emphasis supplied). In this case, the court placed the defendant on community control. Section 985.03(13), Florida Statutes (1999), defines "community control" as a legal status of probation "in lieu of commitment to the custody of the Department of Juvenile Justice." The defendant was thus not "committed" to the Department within the meaning of section 985.23(3)(a), so that statute is inapplicable in this case....

...mmitment levels. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. The facility may provide for single cell occupancy. § 985.03(45)(c), Fla....

...In this case, the record does not contain competent and substantial evidence that A.W. is a danger to the public and needs to be in a facility that is "hardware-secure with perimeter fencing and locking doors" with "24-hour awake supervision." See § 985.03(45)(c)....

“structured” drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender “the most appropriate disposi-tional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...Simply listing "reasons" that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...Section 985.215(10)(c) reads: "If a child is committed to a high-risk residential program, the child must be held in detention care until placement or commitment is accomplished." (Emphasis added.) "Detention care" is not synonymous with "secure detention." See § 985.03(19) (defining three types of detention care, one of which is secure detention)....

...ORFINGER and LAWSON, JJ., concur. NOTES [1] C.N.H. reserved her right to appeal, and the trial court found that the issue on the motion to suppress was dispositive, with the state agreeing. Hicks v. State, 915 So.2d 740 (Fla. 5th DCA 2005); Fla. R.App. P. 9.140(b)(2)(A). [2] See § 985.03(15), Fla....

...the child while the child is released to the custody of the parent, guardian or custodian in a physically nonrestrictive environment under the supervision of the Department of Juvenile Justice staff pending adjudication, disposition, or placement." § 985.03(18)(c), Fla....

...Following the entry of the order for delinquency detention, the Department of Juvenile Justice filed a pre-disposition report which recommended minimum-risk residential placement. [1] During the disposition *1142 hearing, the lower court concluded, after examining the provisions of sections 985.03(44), and 985.03(46)(a) and (b), Florida Statutes (2005), that probation was not an option and, as stated, committed the child to a moderate-risk residential program....

...State, 934 So.2d 1226, 1229 (Fla.2006); Direct Gen. Ins. Co. v. Morris, 884 So.2d 1077, 1078 (Fla. 1st DCA 2004). In deciding that it was not empowered to order probation, the lower court erroneously construed the provisions of subsections (44) and (46) in pari materia. Section 985.03(44) provides as follows: "Probation" means the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act....

...Youth on probation may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting. Section 985.03(46)(a) and (b), relating to minimum-risk nonresidential and low-risk residential placement, provides as follows: "Restrictiveness level" means the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children....

...rearms, delinquent acts that are sexual offenses, or delinquent acts that would be life felonies or first degree felonies if committed by an adult shall not be committed to a program at this level. (Emphasis added.) The issue in this case is whether section 985.03(44) should be interpreted as authorizing probation as a sanction for a child found to have committed any type of delinquent act, without reference to the limiting language included in section 985.03(46)(a) and (b)....

...Stated differently, "it is a basic principle of statutory construction that courts `are not at liberty to add words to statutes that were not placed there by the Legislature.'" Seagrave v. State, 802 So.2d 281, 287 (Fla.2001) (quoting Hayes v. State, 750 So.2d 1, 4 (Fla.1999)). In applying the above rules, the language of section 985.03(44) clearly provides that "probation" in regard to a child who is found to have committed a delinquent act is an individualized program that limits the freedom of a child who is not committed to the custody of the Department....

...Such children "may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting." In contrast, the provisions of section 985.03(46) relate to restrictiveness levels applicable to children who are not eligible for non-custodial care....

...Indeed, the court did not mention J.M.'s needs at all. The statutory definition of high-risk residential programs states that "[p]lacement in programs at this level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels." § 985.03(46)(d), Fla....

...(Emphasis added). A.C. argues that the State lacks authority to appeal under this section because a "modified level of restrictiveness" applies only to children committed to one of five levels of residential and non-residential programs, as defined in section 985.03(44)(a)-(e). Thus, A.C. claims that the State cannot appeal an order modifying a child's disposition to probation, as defined in section 985.03(42), because probation is not one of the five restrictiveness levels....

...(Emphasis added). A.C. argues that the State lacks authority to appeal under this section because a “modified level of restrictiveness” applies only to children committed to one of five levels of residential and non-residential programs, as defined in section 985.03(44)(a)-(e). Thus, A.C. claims that the State cannot appeal an order modifying a child’s disposition to probation, as defined in section 985.03(42), because probation is not one of the five restrictiveness levels....

...yee. The Department of Juvenile Justice (DJJ) recommended that K.B. be adjudicated delinquent and placed on probation. The intervention plan anticipated by DJJ included completion of the Tallahassee Marine Institute Program, a probation program. See § 985.03(43), Fla. Stat. (2000) (defining probation and listing marine programs as day-treatment probation options). The trial court, however, ordered a Level Four commitment, which we assume to be a commitment to a low-risk residential program. See § 985.03(45)(a), Fla....

...1st DCA 1997) (stating that the trial court's discretion in imposing a restrictiveness level is circumscribed by statute). The statute defines probation as a legal status imposed "in lieu of commitment to the custody of the Department of Juvenile Justice." § 985.03(43), Fla....

...THOMPSON, C.J., and HARRIS, J., concur. NOTES [1] See §§ 775.082(4)(a); 784.03(1)(b), Fla.Stat. (1999). [2] Aftercare includes, but is not limited to, minimum-risk non-residential programs, reentry services, and post-commitment community control. § 985.03(4), Fla.Stat....

...ter adjudicating T.N. delinquent for committing the offense of robbery by sudden snatching. T.N. argues that his designation as a serious or habitual juvenile offender is improper because robbery by sudden snatching is not a qualifying offense under section 985.03(48), Florida Statutes (2003)....

...T.N. entered a plea of no contest to the charge of robbery by sudden snatching, which is prohibited by section 812.131, Florida Statutes (2003). The trial court placed T.N. in a high-risk program as a serious or habitual juvenile offender pursuant to section 985.03, which provides the following definition for serious or habitual juvenile offender: (48) "Serious or habitual juvenile offender," for purposes of commitment to a residential facility and for purposes of records retention, means a child...

...Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or 14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony. T.N. argues that his designation as a serious or habitual juvenile offender is improper under section 985.03(48) because robbery by sudden snatching is not enumerated in that section....

...ffender based on the offense of carjacking because carjacking was not included under the enumerated offense of robbery). We conclude that the offense of robbery by sudden snatching is too dissimilar to robbery for the general reference to robbery in section 985.03(48)(a)(3) to include the offense of robbery by sudden snatching....

...Section 812.131 was enacted after Robinson was decided, and it is comparable to the Georgia statute as interpreted by case law in Georgia. Because the offense of robbery by sudden snatching is not substantially similar to the offense of robbery, the general reference to robbery in section 985.03(48)(a)(3) does not include the offense of robbery by sudden snatching....

...The states that include juveniles in their sexual offender registration laws generally provide for lesser periods of registration, special requirements before a juvenile qualifies for registration, or special waiver mechanisms for juveniles. See id. . Section 985.03(31) defines a “Juvenile sexual offender" as: (a) A juvenile who has been found by the court pursuant to s....

...Because the Prison Releasee Reoffender Punishment Act refers only to robbery and not also to robbery by sudden snatching, a PRR sentence for the crime of robbery by sudden snatching is unauthorized. Id. at 1133. This court has made the same distinction between these two offenses in the context of section 985.03(48), Florida Statutes (2003), the serious or habitual juvenile offender statute....

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender “the most appropriate disposi-tional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...n 5:00 p.m. on .....(date)..... to .....(name(s))....., who is/are ..... the parent(s) ..... a relative ..... foster care ..... .......... program ..... ..... him/her..... self ..... other ................ IT IS FURTHER ORDERED under section 985.2311985.039, Florida Statutes ........

...to an offense under Chapter 794 or 800, sections 782.04, 784.045, 810.02, 812.133, 812.135, Florida Statutes, or any other offense specified in section 943.325, Florida Statutes, and the child is required to submit blood specimens under section 943.325, Florida Statutes. ..... Under section 985.231(1)(b)985.039, Florida Statutes: *821 ........

...RESTITUTION ORDER JUDGMENT AND RESTITUTION ORDER THIS CAUSE was heard on .....(date)....., on the state's motion for an order requiring the child, born .....(date)....., or .....his/her..... parent(s), to pay restitution costs for the benefit of the victim pursuant to sections 985.201(4)(c)985.0301(5)(i), 985.231(1)(a)6, 985.231(1)(a)9985.437, and 775.089, Florida Statutes....

...lation of chapter 794, chapter 796, chapter 800, section 827.071, or section 847.0133, Florida Statutes; or ..... that the juvenile has been found to have committed any violation of law or delinquent act involving juvenile sexual abuse as defined in section 985.03(33)985.475(1), Florida Statutes....

...A child placed into secure, nonsecure, or home detention care may continue to be so detained by the court pursuant to this subsection. . . . § 985.215(2), Fla. Stat. (2005)(emphasis added). [3] The term "taken into custody," as used in this provision is defined in section 985.03(55) of the Florida Statutes as "the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child's release, detention, placement, or other disposition as authorized by law." [4] (Emphasis added)....

...cer shall receive custody of a child who has been taken into custody from a law enforcement agency. . . . § 985.215(1), Fla. Stat. (2005). This provision permits no interpretation of the term "taken into custody," other than that stated in sections 985.03(55) and 985.207....

...the divergent treatment programs and services available to the juvenile at these levels.” E.A.R., 4 So.3d at 638 (emphasis added). Here, the trial court implied that the moderate-risk facility would offer the child a “structured” drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk facilities have drug treatment programs as suggested by the trial court....

...State, 902 So.2d 343 (Fla. 5th DCA 2005). In S.S.M., the Fifth District reasoned that the plain meaning of section 938.08 supports assessment of the surcharge in a juvenile proceeding. Section 938.08 requires a court to impose the surcharge for "a violation." According to section 985.03(58), Florida Statutes (2004), [2] a delinquent act is by definition a "violation of any law," thus triggering the imposition of the $201 surcharge under section 938.08....

...niles in the surcharge statutes, it meant to exclude them. However, this principle of statutory construction, expressio unius est exclusio alterius, does not apply here. As discussed above, a delinquent act is by definition a "violation of any law." § 985.03(58)....

...ence any misdemeanor under state law, shall pay as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld shall also be assessed such cost. [2] Section 985.03(58) provides that `[v]iolation of law' or "`delinquent act' means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which wo...

...State, 694 So.2d 720 (Fla.1997) (applying section 924.34, Florida Statutes in a juvenile delinquency proceeding). This principle is of no benefit to the state in the present case, however, because Chapter 985 does contain procedures mandating special treatment for juvenile sex offenders. Section 985.03(31), Florida Statutes defines a juvenile sex offender as a juvenile who has been found to have committed one of the crimes enumerated in the statute....

...he child while the child is released to the custody of the parent, guardian or custodian in a physically nonrestrietive environment under the supervision of the Department of Juvenile Justice staff pending adjudication, disposition, or placement.” § 985.03(18)(c), Fla....

...d after the effective date of the new amendments. This opinion cites to both statutory versions, although the pickup orders would have been issued under the new chapter. [3] See § 985.207(3), Fla. Stat.(1997); § 39.0471, Fla. Stat. (1995). [4] See § 985.03(29), Fla. Stat.(1997); § 39.001(33), Fla. Stat. (1995). [5] See § 985.211(2)(a), Fla. Stat. (1997); § 39.038(2)(a), Fla. Stat.(1995). [6] See § 39.049(7), Fla. Stat.(1995). [7] § 985.03(53), Fla....

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender “the most appropriate disposi-tional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla....

...Simply listing "reasons" that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender "the most appropriate dispositional services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)(b), Fla....

...Programs or program models in this restrictiveness level include: Short Term Offender Programs (STOP), group treatment homes, family group homes, proctor homes, and Short Term Environmental Programs (STEP). § 39.01(59)(b), Fla. Stat. (Supp.1996)(current version at § 985.03(45)(b), Fla. Stat. (1997)). [2] "`Restrictiveness level' means the level of custody provided by programs that service the custody and care needs of committed children." Id. § 39.01(59)(current version at § 985.03(45), Fla....

...limited and the child is restricted to noninstitutional quarters or restricted to the child's home in lieu of commitment to the custody of the Department of Juvenile Justice. § 39.01(16), Fla. Stat. (Supp.1996) (emphasis added) (current version at § 985.03(12), Fla....

...[4] Section 39.01(59) lists and defines five restrictiveness levels: (a) minimum-risk nonresidential; (b) low-risk residential; (c) moderate-risk residential; (d) high-risk residential; and (e) maximum-risk residential. § 39.01(59)(a)-(e), Fla. Stat. (Supp.1996) (current version at § 985.03(45)(a)-(e), Fla....

...A “delinquent act” and a “violation of law” are both defined as “a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult.” § 985.03(57)....

...It may be sensible for the legislature to examine this issue to make sure that some law clearly and unambiguously bars firearms in juvenile assessment centers because those centers obviously need the same protection as other detention facilities. . The legislature has since amended section 985.032, Florida Statutes (2013), to provide that “[a] juvenile who has been adjudicated delinquent or has adjudication of delinquency *526 withheld shall be assessed costs of prosecution as provided in s[ection] 938.27.” But this amendme...

...(Emphasis added). In S.S.M., we said: [A] plain reading of section 938.08 supports the cost assessment in a juvenile proceeding. Section 938.08 states that a fee be assessed for "a violation of ... s. 784.03. . . ." § 938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a "`violation of law' or `delinquent act' " as "a violation of any law of this state, the United States, or any other states which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult." § 985.03, Fla. Stat. (2004) (emphasis added). Clearly, under section 985.03(58), a "delinquent act" is defined as a "violation of law." A "violation of law," specifically, a violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge....

...e ammunition]] [carried the concealed weapon], Note to Judge: “Found” refers to a finding of fact by a court of competent jurisdiction and does not require an adjudication of quilt. State v. Menuto, 912 So.2d 603 (Fla. 2d DCA 2005). Definitions. § 985.03(8), Fla....

...se. To this point, we find no error. Having properly decided that D.G. should be adjudicated and committed, the court was obliged in the second step of the disposition process to determine the appropriate restrictiveness level of the commitment. See § 985.03(45)(a)-(e) (defining five restrictiveness levels: minimum-risk nonresidential, low-risk residential, moderate-risk residential, high-risk residential, and maximum-risk residential)....

...State, 122 So.3d 928, 930 (Fla. 1st DCA 2013), as happened here, the juvenile court rejected DJJ’s initial recommendation for probation. The First District affirmed that aspect of the case, noting that “[probation is not a restrictiveness level.” Id. at 930 . Compare § 985.03(43) (defining probation) with § 985.03(45) (defining restrictiveness levels)....

...nation of a sanction and rehabilitative program was made at the disposition hearing: (a) Commit the child to a licensed child-caring agency willing to receive the child.... (b) Commit the child to the department at a restrictiveness level defined in s. 985.03.......

...Therefore, a disposition hearing is actually the culmination of a more extensive process, which the Legislature constructed to provide adjudicated juvenile offenders “the most appropriate dispositional services in the least restrictive available setting” while also protecting the public from further acts of delinquency. § 985.03(21), Fla....

...n. WALLACE and SLEET, JJ., Concur. . " ‘Disposition hearing' means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under part VII, in delinquency cases.” § 985.03(21)....

...ings. Five different “restrictiveness levels” for commitments to DJJ custody are defined in chapter 985, i.e., minimum-risk nonresidential, low-risk residential, moderate-risk residential, high-risk residential, and maximum-risk residential. See § 985.03(44), Fla....

...of the community” required the sentence he imposed. Discussion For the act of writing the note signed by the child’s friend, the trial court sentenced the child, who had no previous delinquency incidents, to a maximum risk x-esidential program. Section 985.03(44)(d), Florida Statutes (2015) describes this level of commitment as including “juvenile correctional facilities and juvenile prisons,” which “do not allow youth to have access to the community.” “Facilities at this commitme...

...4th DCA 2012) (internal citation omitted). These reasons must sufficiently explain why the court’s decision provides for the child “the most appropriate dispo-sitional service in the least restrictive available setting.” E.A.R., 4 So.3d at 638 (quoting § 985.03(21))....

...d to promote the health and well-being of all children under the state’s care,” The Department of Juvenile Justice shall prepare an updated predisposition report for the trial court’s use in developing a plan of probation, pursuant to sections 985.0301(5)(b)l and 985.433(7)(c) & (9), Florida Statutes (2016)....

...4th DCA 2012) (internal citation omitted). These reasons must sufficiently explain why the court’s decision provides for the child “the most appropriate dispositional service in the least restrictive available setting.” E.A.R., 4 So. 3d at 638 (quoting § 985.03(21)). Id....

...5 days for a first offense and not to exceed 15 days for a second or subsequent offense. A "secure facility" is defined as "a physically restricting facility for the temporary *1195 care of children, pending adjudication, disposition, or placement." § 985.03(47)....

...centers, and other juvenile alternative programs. The rationale used in S.S.M., to justify imposition of the surcharge pursuant to section 938.05, was that the statute assesses this surcharge for a violation of section 784.03 (battery statute), and section 985.03(58) defines “violation of law” or a “delinquent act” as a “violation of any law of this state.” [n.l] [n.1] Section 985.03(58) provides: Violation of law’ or ‘delinquent act’ means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult....

...the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department. Any party may appeal the court's findings resulting in a modified level of restrictiveness under this paragraph. [4] Section 985.03(44)(d), Florida Statutes (2006), defines the high-risk restrictive level: High-risk residential....

...Youth assessed and classified for this level of placement require close supervision in a structured residential setting. Placement in programs at this level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels. § 985.03(44)(d), Fla....

...As the supreme court explained in E.A.R.: Simply listing “reasons that are totally connected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender” the m,ost appropriate disposi-tional services in the least restrictive available setting. § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(3), 985.433(7)(a)-(b)[,] Fla....

...a prescription or nonprescription drug that has a hypnotic, stimulating, or depressing effect. e. a firearm. f. a weapon of any kind. g. an explosive substance. Definitions. Give as applicable. § 985.03(19), Fla._Stat. A "juvenile detention facility" is a facility used pending court adjudication or disposition or execution of a court order for the temporary care of a child alleged or found to have committed a violation of law. A...

...His petition for a writ of habeas corpus, based on the same argument, seeks release from the trial court's ensuing 21-day detention order. We agree with DJJ's position that there is no meaningful distinction between "probation" and a "probation program" for purposes of section 985.215(2)(a). According to section 985.03(43) "[p]robation is an individualized program...." The mere fact that the statutes envision the possibility of "day treatment probation programs," some of them being more "intensive and structured," does not mean that any individual pl...

...- 15 - Note to Judge: “Found” refers to a finding of fact by a court of competent jurisdiction and does not require an adjudication of guilt. State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005). Definitions. § 985.03(8), Fla....

...residential facility was necessary. Therefore, the departure disposition is supported by a preponderance of the evidence. The trial court’s departure from the department’s recommendations is affirmed. AFFIRMED. PETERSON and PLEUS, JJ., concur. .Section 985.03(45)(c), Florida Statutes defines a high-risk residential program as: . Section 985.03(45)(b), Florida Statutes, defines a moderate-risk residential program as: Programs or program models at this commitment level are residential but may allow youth to have supervised access to the community....

(1997); § 39.0471, Fla. Stat. (1995). . See § 985.03(29), Fla. Stat.(1997); § 39.001(33), Fla. Stat

...Section 985.215(10)(c) reads: "If a child is committed to a high-risk residential program, the child must be held in detention care until placement or commitment is accomplished." (Emphasis added.) "Detention care" is not synonymous with "secure detention." See § 985.03(19) (defining three types of detention care, one of which is secure detention)....

children." Id. § 39.01(59)(current version at § 985.03(45), Fla. Stat. (1997)). .Community control

...- 15 - Note to Judge: “Found” refers to a finding of fact by a court of competent jurisdiction and does not require an adjudication of guilt. State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005). Definitions. § 985.03(8), Fla....

...He was arrested again in May of 2016, on a new charge of grand theft (lower court case number J16-1474). At a pivotal hearing on June 20, 2016 – a docket sounding on U.T’s new criminal charge – DJJ requested that the trial court place U.T. on home detention with an electronic monitor around 1 See § 985.03(44)(a), Fla....

...5 The statute reads in relevant part: (1) The court that has jurisdiction of an adjudicated delinquent child may . . . .... (b) Commit the child to the department at a restrictiveness level defined in s. 985.03....

...was also a juvenile facing a new grand theft charge. At this June 20, 2016 hearing, the trial court placed U.T. on home detention and ordered that he wear an electronic ankle monitor. Home detention, a form of nonsecure detention, is defined in section 985.03(18). “Detention care” means “the temporary care of a child in secure or nonsecure detention, pending a court adjudication or disposition. . . .” § 985.03(18), Fla....

...Forms of nonsecure detention include, but are not limited to, home detention, electronic monitoring. . . . Nonsecure detention may include other requirements imposed by the court.” 8 § 985.03(18)(b), Fla....

...In fact, case J16-1474 did not resolve until October 25, 2016, when the State dropped the charge; and U.T. was “pending a court adjudication” in two additional cases (J16- 2574 and J16-2946) until those cases were disposed on February 22, 2017, when the trial court found U.T. delinquent in both cases. Section 985.03(18) does not exclude the placement of a committed child such as U.T. from detention care, and U.T. has provided us with no authority for the proposition that the nonsecure detention expressly authorized by section 985.03(18)(b) is unavailable for juveniles who, like U.T., are also “committed” to DJJ. We read the plain and unambiguous language of section 985.03(18)(b) to authorize a trial court to order home detention to a committed child who has incurred a new criminal charge for which adjudication is pending....

...Conclusion U.T.’s repeated violations of trial court home detention orders were the source of the two judgments holding U.T. in indirect contempt of court. Chapter 985 grants the trial court contempt powers over a juvenile for violation of court orders. § 985.037, Fla. Stat. (2016). Because we conclude that the trial court’s home detention orders – requiring U.T. to serve home detention with an electronic ankle monitor – were authorized by Section 985.03(18)(b), we affirm the findings of contempt and sentencing that resulted from U.T.’s violation of such orders. Affirmed. 6 In 2018, the Florida Legislature amended section 985.03(18) to change “nonsecure detention” to “supervised release,” eliminating home detention as a type of custody for a child subject to supervised release....

form of nonsecure detention, is defined in section 985.03(18). "Detention care" means "the temporary

...ignation pri- or to the trial court’s pronouncement and the trial court’s failure to pronounce the imposition of such a sanction preclude the imposition of the sanction on remand. Reversed and remanded. NORTHCUTT and WHATLEY, JJ„ Concur. . See § 985.03(47), Fla....

high-risk residential placement (level 8). See § 985.03(45), Fla. Stat. (1997); J.E. v. State, 676 So

...whether he understood, because he needed to objectively measure T.S.D.'s understanding. [4] Upon adjudication of delinquency, juveniles can be committed to varying levels of detention, including moderate-risk residential placement (level 6) and high-risk residential placement (level 8). See § 985.03(45), Fla....

...A "delinquent act" and a "violation of law" are both defined as "a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult." § 985.03(57)....

...court must file a new order without the improper cost.4 Affirmed in part, reversed in part, and remanded. LUCAS, J., Concurs. KELLY, J., Concurs in result only. 3 The legislature has since amended section 985.032, Florida Statutes (2013), to provide that "[a] juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in s[ection] 938.27." But this amendment did no...

...In law, of course, the “holding in custody” may be constructive, that is, legal “custody,” a restraint upon the liberty of the person. “Detention care” is defined to include all forms of detention under Chapter 985: secure, nonsecure, and home detention. § 985.03(18), Fla....

...nitoring.” (emphasis supplied). This means that a child awaiting placement cannot be released outright. Home detention is the least restrictive form of detention care available to the court. “Home detention” is “physically nonrestrictive.” § 985.03(18)(c), Fla....

...Moderate risk residential programs “provide 24-hour awake supervision, custody, and care, and treatment of residents. Youth assessed and classified for placement in programs at this commitment level represent a moderate risk to public safety and require close supervision.” § 985.03(45)(e), Fla....

...As to high-risk placements, the legislature provided: “Youth assessed and classified for this level of placement require close supervision in a structured residential setting. Placement in programs at this level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels.” § 985.03(45)(d), Fla....

...As to maximum risk placements, “Youth assessed and classified for this level of placement require close supervision in a maximum security residential setting. Placement at this level is prompted by a demonstrated need to protect the public.” *794 § 985.03(45)(e), Fla....

...often to themselves, and require the greatest amount of supervision. They have been adjudicated delinquent for serious offenses and committed to secure residential facilities which are “hardware-secure with perimeter fencing and locking doors.” § 985.03(45)(d), Fla. Stat. (2011); § 985.03(45)(e), Fla....

...Following the entry of the order for delinquency detention, the Department of Juvenile Justice filed a pre-disposition report which recommended minimum-risk residential placement. 1 During the dispo *1142 sition hearing, the lower court concluded, after examining the provisions of sections 985.03(44), and 985.03(46)(a) and (b), Florida Statutes (2005), that probation was not an option and, as stated, committed the child to a moderate-risk residential program....

...State, 934 So.2d 1226, 1229 (Fla.2006); Direct Gen. Ins. Co. v. Morris, 884 So.2d 1077, 1078 (Fla. 1st DCA 2004). In deciding that it was not empowered to order probation, the lower court erroneously construed the provisions of subsections (44) and (46) in pari materia. Section 985.03(44) provides as follows: “Probation” means the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act....

...Youth on probation may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting. Section 985.03(46)(a) and (b), relating to minimum-risk nonresidential and low-risk residential placement, provides as follows: “Restrictiveness level” means the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children.......

...rearms, delinquent acts that are sexual offenses, or delinquent acts that would be life felonies or first degree felonies if committed by an adult shall not be committed to a program at this level. (Emphasis added.) The issue in this case is whether section 985.03(44) should be interpreted as authorizing probation as a sanction for a child found to have committed any type of delinquent act, without reference to the limiting language included in section 985.03(46)(a) and (b)....

...s ‘are not at liberty to add words to statutes that were not placed there by the Legislature.’ ” Seagrave v. State, 802 So.2d 281, 287 (Fla.2001) (quoting Hayes v. State, 750 So.2d 1, 4 (Fla.1999)). In applying the above rules, the language of section 985.03(44) clearly provides that “probation” in regard to a child who is found to have committed a delinquent act is an individualized program that limits the freedom of a child who is not committed to the custody of the Department....

...Such children “may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting.” In contrast, the provisions of section 985.03(46) relate to restrictiveness levels applicable to children who are not eligible for non-custodial care....

placement in programs at lower commitment levels.” § 985.03(46)(d), Fla. Stat. (2005). Nothing in this case

...section 784.082, Florida Statutes. The trial court determined that the defendant met the criteria for being a “serious or habitual juvenile offender” and therefore committed him to a maximum risk residential program until his 21st birthday. See § 985.03(48), Fla....

...es since subsection (a)(13) refers to lewd and lascivious acts and the defendant was not charged with committing a lewd or lascivious act. The State properly eon-cedes the existence of this error, explaining that the statutory reference should be to section 985.03(48)(b), which applies to juveniles who have committed at least two previous delinquent acts....

...adjudicatory hearing without demand within 90 days of the earlier of the following: (1) The date the child was taken into custody. (2) The date the petition was filed. Although the phrase “taken into custody” is not further defined in the rule, Section 985.03(53), Florida Statutes (1999), gives the following definition: “Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release, detention, placement, or other disposition as authorized by law....

...And here, the Department recommended probation, which is not a commitment level. B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (“Probation is not a restrictiveness level because it is a limitation on the freedom of the child ‘in lieu of commitment to the custody of the department.’ § 985.03(44), Fla....

...] did unlawfully escape from a secure detention facility maintained for the temporary detention of children pending adjudication, disposition, or placement or from a residential treatment facility described in Florida Statute 985.03(44), maintained for the custody, treatment, or rehabilitation of children found to have committed delinquent acts or violations of law, or from lawful transportation to or from any secure detention facility or residenti...

...a prescription or nonprescription drug that has a hypnotic, stimulating, or depressing effect. e. a firearm. f. a weapon of any kind. g. an explosive substance. Definitions. Give as applicable. § 985.03(19), Fla....

...The court made no reference to the level 8 restrictiveness level or how such a level served the needs of S.S.M. Furthermore, considering the offenses committed by S.S.M. (resisting arrest without violence and disrupting a school class), it is unlikely that such a commitment was necessary to protect the “public safety.” § 985.03(45)(c), Fla....

violation of section 784.03 (battery statute), and section 985.03(58) defines “violation of law” or a “delinquent

...a prescription or nonprescription drug that has a hypnotic, stimulating, or depressing effect. e. a firearm. f. a weapon of any kind. g. an explosive substance. Definitions. Give as applicable. § 985.03(19), Fla....

...itment program, a probation program or conditional release supervision. At that point the child is eligible for secure detention. Nothing in the statute provides for secure detention for absconding from any situation other than those three programs. Section 985.03 does not define the term "abscond." Black's Law Dictionary (9th ed....

...mmitment levels. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. The facility may provide for single cell occupancy. § 985.03(46)(d), Fla....

...As recognized in E.R., secure detention closely resembles county jail. 584 So.2d at 159 . Secure detention exists solely to maintain "temporary custody of the child while the child is under the physical restriction of a detention center or *597 facility pending adjudication, disposition, or placement.” § 985.03(19)(a), Fla....

services, and post-commitment community control. § 985.03(4), Fla.Stat. (1999). .J.G. was born June 5

...The trial court withheld adjudication and sentenced him to community control, imposing thirty days of home detention as a special condition. The trial court denied R.A.’s subsequent request to revoke home detention. R.A. now petitions this court for a Writ of Habeas Corpus. Section 985.03(13), Florida Statutes (1999), provides that “[c]ommunity control is an individualized program in which the freedom of the child is limited and the child is restricted to noninstitutional quarters or restricted to the child’s home i...

...The Florida Supreme Court has determined that a trial court may depart from the DJJ’s recommendation only if the trial court: (1) Articulate[s] an understanding of the respective characteristics of the opposing restrictiveness levels (which are currently statutorily codified in section 985.03(44)(a)-(e), Florida Statutes (2007)) including (but not limited to) the type of child that each restrictiveness level is designed to serve, the potential “lengths of stay” associated with each level, and the divergent treatment pro...

recommended a low-risk residential placement. See section 985.03(45)(b), Florida Statutes (1997). The trial

...findings. Five different "restrictiveness levels" for commitments to DJJ custody are defined in chapter 985, i.e., minimum-risk nonresidential, low-risk residential, moderate-risk residential, high-risk residential, and maximum-risk residential. See § 985.03(44), Fla....

...tipulation to which his opponent agrees.”). Furthermore, the statutory definitions of the restrictiveness levels themselves do not demonstrate that J.A.R.’s needs would be better served by the programs available in a moderate-risk placement. See § 985.03(45)(a)-(b) (generally defining the restrictiveness of the low-risk and moderate-risk residential programs)....

...ter adjudicating T.N. delinquent for committing the offense of robbery by sudden snatching. T.N. argues that his designation as a serious or habitual juvenile offender is improper because robbery by sudden snatching is not a qualifying offense under section 985.03(48), Florida Statutes (2003)....

...T.N. entered a plea of no contest to the charge of robbery by sudden snatching, which is. prohibited by section 812.131, Florida Statutes (2003). The trial court placed T.N. in a high-risk program as a serious or habitual juvenile offender pursuant to section 985.03, which provides the following, definition for serious or habitual juvenile offender: (48) “Serious or habitual juvenile offender,” for purposes of commitment to a residential facility and for purposes of records retention, means a...

...Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or 14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony. T.N. argues that his designation as a serious or habitual juvenile offender is improper under section 985.03(48) because robbery by sudden snatching is not enumerated in that section....

...ffender based on the offense of carjacking because carjacking was not included under the enumerated offense of robbery). We conclude that the offense of robbery by sudden snatching is too dissimilar to robbery for the general reference to robbery in section 985.03(48)(a)(3) to include the offense of robbery by sudden snatching....

...Section 812.131 was enacted after Robinson was.decided, and it is comparable to the Georgia statute as interpreted by case law in Georgia. Because the offense of robbery by sudden snatching is not substantially similar to the offense of robbery, the general reference to robbery in section 985.03(48)(a)(3) does not include the offense of robbery by sudden snatching....

...At the disposition hearing, the State objected, arguing that M.J. had already violated probation for not attending AMI, rendering the Department’s recommendations futile. The State requested that M.J. be committed to a nonsecure residential level facility. See § 985.03(44), Fla....

...commitment); B.K.A. v. State, 122 So. 3d 928, 930 (Fla. 1st DCA 2013) (“Probation is not a restrictiveness level because it is a limitation on the freedom of the child ‘in lieu of commitment to the custody of the [D]epartment.’”) (citing § 985.03(44), Fla....

...ition hearing, the State objected, arguing that M.J. had already violated probation for not attending AMI, rendering the Department’s recommendations futile. The State requested that M.J. be committed to a nonsecure residential level facility. See § 985.03(44), Fla....

...vor of commitment); B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013) (“Probation is not a restrictiveness level because it is a limitation on the freedom of the child ⅛ lieu of commitment to the custody of the [Department.’ ”) (citing § 985.03(44), Fla....

...2d 540, 542 (Fla. 1981) (alteration in original) (quoting Howarth v. City of De Land, 158 So. 294, 298 (1934)). By its title, “Disposition hearings in delinquency cases,” section 985.433 would seem to apply to the disposition hearings at issue. See also § 985.03(21), Fla....

...the least restrictive available setting provided for under part VII, in delinquency cases.”). Nevertheless, looking to its substantive language and defined terms, subsection 985.433(4)(c) does not apply to a post-VOP disposition in which no new law violation is alleged. Section 985.03 supplies definitions for chapter 985 and provides in relevant part: “‘Child who has been found to have committed a delinquent act’ means a child who, under this chapter, is found by a court to have committed a violation of law . . . .” § 985.03(9), Fla. Stat. (2021). “‘Violation of law’ or ‘delinquent act’ means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony . . . .” § 985.03(53), Fla....

...control despite efforts by the child’s parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling. § 984.03(11), and § 985.03(53), Fla....

...ring before a transfer because appellant was originally committed to the Department and not placed on probation. Indeed, probation is defined as a legal status imposed “in lieu of commitment to the custody of the Department of Juvenile Justice.” § 985.03(43), Fla....

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender “the most appropriate disposi-tional services in the least restrictive available setting.” § 985.03(21), Fla....

...t to jail. We agree. "Maximum-risk residential" programs are longterm residential programs, including juvenile correctional facilities and juvenile prisons, that prohibit access to the community and have perimeter security fencing and locking doors. § 985.03(45)(d), Fla....

...It follows that a "commitment" within the meaning of section 985.231(1)(d) cannot commence until a juvenile actually enters a custody program. Chapter 985 classifies "home detention" not as a type of "commitment," but as a kind of detention care preliminary to commitment to a custodial program. Section 985.03(18)(c) provides in pertinent part: (18) "Detention care" means the temporary care of a child in secure, nonsecure, or home detention, pending a court adjudication or disposition or execution of a court *222 order....

...of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department. Any party may appeal the court's findings resulting in a modified level of restrictiveness under this paragraph. . Section 985.03(44)(d), Florida Statutes (2006), defines the high-risk restrictive level: High-risk residential....

...The DJJ’s predisposition report recommended probation. The prosecutor sought a stricter, Level 8 program with sex-offender therapy. After a disposition hearing, the trial court cited Q.L.J. to support the imposition of a moderate-risk residential placement pursuant to section 985.03(44)(c), Florida Statutes (2006)....

...As this court has recognized, the detention of juveniles in Florida is governed entirely by statute. M.P. v. Gardner, 838 So.2d 711, 712 (Fla. 4th DCA 2003); J.J. v. Fryer, 765 So.2d 260, 263 (Fla. 4th DCA 2000). The relevant statutes do not define the term “absconder.” See § 985.03, Fla....

...As this court has recognized, the detention of juveniles in Florida is governed entirely by statute. M.P. v. Gardner, 838 So.2d 711, 712 (Fla. 4th DCA 2003); J.J. v. Fryer, 765 So.2d 260, 263 (Fla. 4th DCA 2000). The relevant statutes do not define the term "absconder." See § 985.03, Fla....

...municipal or county ordinance. § 775.08(3), Fla. Stat. (2013). Under the delinquency statutes, the state attorney files a petition for delinquency in the circuit court to obtain “a finding that a child has committed a delinquent act or violation of law.” §§ 985.0301(1), 985.318(1), Fla. Stat. (2013); Fla. R. Juv. P. 8.030(a). The petition shall be filed “where the delinquent act or violation of law occurred.” § 985.0301(4)(a), Fla....

...A “violation of law” or “delinquent act” is defined as “a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult.” § 985.03(57), Fla....

...(2013). In the present case, as admitted by the state, a first violation of the sexting statute is a noncriminal violation. A noncriminal violation does not constitute a crime. Thus, by definition, a first offense of sexting does not fit within the definition of a delinquent act or violation of law under section 985.03(57)....

...Youth assessed and classified for this level of placement require close supervision in a structured residential setting. Placement in programs at this level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels. § 985.03(44)(d), Fla....

...was a risk to public safety because she was involved with street level drug sales. On January 21, 2004, K.M. moved to correct the disposition so as to place her in moderate-risk placement. Following the denial of that motion, K.M. filed this appeal. Section 985.03(45), Florida Statutes (2003), defines moderate-risk and high-risk residential programs as follows: (b) Moderate-risk residential....

...s on its concern that K.M. was a threat to public safety as a result of her involvement with street level drug sales. However, the petition for delinquency did not allege that K.M. was engaged in the sale of drugs, but merely possession. Once again, section 985.03(45)(c), provides “[placement in programs at [the high-risk residential] level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels.” It is clear that the statute is referring to...

...Further, the reasons given by this trial court, here, included the child’s exposure to danger by her conduct in leaving home for extended periods of time in the company of older men, that she is a flight risk, and her history of repeated violations of her community supervision. A review of section 985.03(45), Florida Statutes (2001), provides the court with information concerning the extent to which a commitment program is secure....

...Facilities are hardware-secure with perimeter fencing and locking doors.” “Moderate-risk” programs “may allow youth to have supervised access to the community. Facilities are either environmentally secure, staff secure, or are hardware-secure with walls, fencing, or locking doors.” § 985.03(45)(b), Fla....

...Rather, a child who is found by the circuit court to have been habitually truant from school is deemed to be a "[c]hild in need of services." § 984.03(9)(b), Fla. Stat. (2011). As such, his subsequent violation of the truancy order is expressly excluded from the delinquency definition set forth in section 985.03(8), Florida Statutes (2011), which provides: "Child who has been found to have committed a delinquent act" means a child who, under this chapter, is found by a court to have committed a violation of law or to be in direct or indirect c...

...Simply listing “reasons” that are totally unconnected to this analysis does not explain why one restrictiveness level is . better suited for providing the juvenile offender “the most appropriate disposi-tional services in the least restrictive available setting.” Id. at 638 (quoting § 985.03(21), Fla....

order to be a form of nonsecure detention. See § 985.03(18)(b), Fla. Stat. (2017). The defense in each

order to be a form of nonsecure detention. See § 985.03(18)(b), Fla. Stat. (2017). The defense in each

...became subject to a contempt of court judgment. Of the three juveniles, only A.A.’s 2 case graduated to a contempt trial. The trial courts consider a do not run order to be a form of nonsecure detention. See § 985.03(18)(b), Fla....

...did not complete the letter. A.A. was not in court at the start of the July 18, 5 This do not run order, like a subsequent rule to show cause, dated May 8, 2017, refers to “civil contempt.” Contempt proceedings in juvenile court are governed by section 985.037 of the Florida Statutes....

...Generally, upon a child’s arrest, DJJ receives the child either from a law enforcement agency or from the court, and DJJ conducts a risk assessment to determine whether, pending adjudication, the child should be subject to “detention care.” See §§ 985.03(18), 985.25, 985.245, Fla....

...There are two species of detention care: “secure detention,” where the child is under physical restriction in a secure detention facility; and “nonsecure detention,” where the child is released to the custody of a parent, guardian, or custodian in a physically non-restrictive environment. See § 985.03(18)(a)-(b), Fla. Stat. (2017). Forms of nonsecure detention include, but are not limited to, home detention, electronic monitoring, day reporting centers, evening reporting centers, and nonsecure shelters. § 985.03(18)(b), Fla....

...were taken into custody and detained on pick-up orders for failure to appear at a court proceeding. Consequently, the trial court was authorized to order “continued detention” of S.F. and N.A. under section 985.255(1)(i). As noted above, the definition of nonsecure detention in section 985.03(18)(b) expressly authorizes the trial court, at its option, to “include other requirements” as part of nonsecure detention....

...Once S.F. and N.A. were in detention, the trial court had the authority to impose 15 continued detention under section 985.255(1) and the do not run orders under the “other requirements” language of section 985.03(18)(b). We, therefore, conclude that the trial court had specific statutory authorization to enter the do not run orders in these cases....

...sufficient due process. Specifically, at A.A.’s contempt trial, the trial court allowed improper testimony in two instances. First, A.A.’s former foster mother was allowed to present testimony over a speakerphone, depriving A.A. the right to confront a witness in a criminal contempt proceeding. Pursuant to section 985.037(4)(b)(4), when a child is 12 As previously mentioned, in her reply brief A.A....

...2d 149, 149 (Fla. 2d DCA 2004). On remand, we remind the trial court of the requirement that, while a juvenile may be placed in a secure detention facility as a sanction for contempt of court, the trial court is required to consider alternate sanctions. § 985.037(3), Fla....

...(2017). The record in this case indicates that the trial court ordered A.A. to secure detention without considering alternate sanctions. Hence, we reverse the contempt order in A.A. and remand for a hearing to be conducted consistent with the requisites of section 985.037. III....

...delinquency court is authorized to hold the juvenile in continued detention. Even if 17 the trial court exercises its discretion to custody-release the juvenile, the trial court may impose, pursuant to section 985.03(18)(b), “other requirements” such as a do not run order....

...Thus, the trial court had the specific statutory authority to enter the do not run orders as to N.A. and S.F. When conducting a contempt hearing on a violation of a do not run order, the trial court must afford the juvenile due process and abide by the provisions of section 985.037....

...Section 985.26(3), Florida Statutes (2016), provides that a child may not be held in secure or nonsecure detention care for more than 15 days following the entry of an order of adjudication. Electronic monitoring is considered to be a form of nonsecure detention under section 985.03(18)(b), Florida Statutes (2017)....

member of a commitment facility as defined in section 985.03(47)(formerly 985.03(46)). WARNER, C.J., SHAHOOD

...Section 985.26(3), Florida Statutes (2016), provides that a child may not be held in secure or nonsecure detention care for more than 15 days following the entry of an order of adjudication. Electronic monitoring is considered to be a form of nonsecure detention under section 985.03(18)(b), Florida Statutes (2017)....

2005); Fla. R.App. P. 9.140(b)(2)(A). . See § 985.03(15), Fla. Stat. (2005). . For example, the purpose

...dge,” Psychotherapeutic Services was “a private agency that contracted with the state.” J.D. was charged with violating section 784.075, which provides: A person who commits a battery on a juvenile probation officer, as defined in s. 984.03 or s. 985.03, on other staff of a detention center or facility as defined in s. 984.03(19) or s. 985.03(19), or on a staff member of a commitment facility as defined in section 985.03(45), commits a felony of the third degree.......

restrictiveness level vis-a-vis the needs of the child. See § 985.03(45)(1997). Section 985.215(10)(a)(Z) (1997)1 places

...to the custody of DJJ in a low-risk residential program. Defense counsel preserved her objection. By statute, a juvenile disposition hearing serves to determine “the most appropriate dispositional services in the least restrictive available setting provided for ... in delinquency cases.” See § 985.03(21), Fla....

...prevail. We believe that a plain reading of section 938.08 supports the cost assessment in a juvenile proceeding. Section 938.08 states that a fee be assessed for “a violation of ... s. 784.03....” § 938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a “ ‘violation of law1 or ‘delinquent act ’ ” as “a violation of any law of this state, the United States, or any other states which is a misdemeanor, or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult.” § 985.03, Fla. Stat. (2004) (emphasis .added). Clearly, under section 985.03(58), a “delinquent act” is defined as a “violation of law.” A “violation of law,” specifically, a violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge....

commitment to a high-risk facility. It cited to section 985.03(45)(c), Florida Statutes (2002), which defines

...That subsection applies when a court determines “that the child should be adjudicated as having committed a delinquent act and should be committed to the [Department of Juvenile Justice].” Id. (emphasis supplied). In this case, the court placed the defendant on community control. Section 985.03(13), Florida Statutes (1999), defines “community control” as a legal status of probation “in lieu of commitment to the custody of the Department of Juvenile Justice.” The defendant was thus not “committed” to the Department...

...til B.C.'s 21st birthday. The state relies on section 985.231(1)(a)3., Florida Statutes (2005), for this proposition. Section 985.231(1)(a)3. provides that the trial court may: Commit the child to the department at a restrictiveness level defined in s. 985.03....

...985.31, the term of the commitment must be until the child is discharged by the department or until he or she reaches the age of 21. See § 985.231(1)(a)3., Fla. Stat. (2005). Thus, the state argues that because B.C. was committed to DATA, which appeared to be a minimum, low risk residential treatment program under section 985.03(46)(b), and had committed a second and third degree felony, the trial court could retain jurisdiction until B.C.'s 21st birthday. Section 985.03(46)(b) reads: (46) "Restrictiveness level" means the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children....

...l B.C.’s 21st birthday. The state relies on section 985.231(l)(a)3., Florida Statutes (2005), for this proposition. Section 985.231(l)(a)3. provides that the trial court may: Commit the child to the department at a restrictiveness level defined in s. 985.03....

...985.31, the term of the commitment must be until the child is discharged by the department or until he or she reaches the age of 21. See § 985.231(l)(a)3., Fla. Stat. (2005). Thus, the state argues that because B.C. was committed to DATA, which appeared to be a minimum, low risk residential treatment program under section 985.03(46)(b), and had committed a second and third degree felony, the trial court could retain jurisdiction until B.C.’s 21st birthday. Section 985.03(46)(b) reads: (46) “Restrictiveness level” means the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children....

...mmitment levels. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. The facility may provide for single cell occupancy. § 985.03(45)(c), Fla....

...In this case, the record does not contain competent and substantial evidence that A.W. is a danger to the public and needs to be in a facility that is “hardware-secure with perimeter fencing and locking doors” with “24-hour awake supervision.” See § 985.03(45)(c)....

...(Emphasis added). In S.S.M., we said: [A] plain reading of section 938.08 supports the cost assessment in a juvenile proceeding. Section 938.08 states that a fee be assessed for “a violation of ... s. 784.03....” § 938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a “ ‘violation of law* or ‘delinquent act’ ” as “a violation of any law of this state, the United States, or any other states which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult.” § 985.03, Fla. Stat. (2004) (emphasis added). Clearly, under section 985.03(58), a “delinquent act” is defined as a “violation of law.” A “violation of law,” specifically, a violation of section 784.03, is the necessary predicate for the imposition of the $201 surcharge....

...in a residential facility, rather than adhering to DJJ’s recommendation for probation, was that she had previously committed a similar theft. 7 The trial judge offered no reason, however, why this would “require placement and services in [a] residential setting[].” § 985.03(45)(a), Fla....

...5th DCA 2001) ("[I]t is improper for the trial court to aggravate a sentence because the defendant failed to exhibit remorse for having committed the offense. This constitutional right is also enjoyed by juveniles in their criminal adjudicatory proceedings ....”) (citations omitted). .Section 985.03(45)(a), Florida Statutes (2004), defines the low-risk residential commitment level: Programs or program models at this commitment level are residential but may allow youth to have unsupervised access to the community....

...5th DCA 2005). In S.S.M., the Fifth District reasoned that the plain meaning of section 938.08 supports assessment of the surcharge in a juvenile proceeding. Section 938.08 requires a court to impose the surcharge for “a violation.” According to section 985.03(58), Florida Statutes (2004), 2 a delinquent act is by definition a “violation of any law,” thus triggering the imposition of the $201 surcharge under section 938.08....

...n the surcharge statutes, it meant to exclude them. However, this principle of statutory con 1 struction, expressio unius est exdusio al-terius, does not apply here. As discussed above, a delinquent act is by definition a “violation of any law.” § 985.03(58)....

...erence any misdemeanor under state law, shall pay as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld shall also be assessed such cost. . Section 985.03(58) provides that ‘[v]iolation of law' or " 'delinquent act' means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which...

...Then it must explain why its preferred level of commitment is better suited to the needs of the child and the protection of the public, while insuring that the child is given “the most appropriate dispositional services in the least restrictive available setting.” Id. (quoting § 985.03(21), Fla....

...Then it must explain why its preferred level of commitment is better suited to the needs of the child and the protection of the public, while insuring that the child is given "the most appropriate dispositional services in the least restrictive available setting." Id. (quoting § 985.03(21), Fla....

...ne count of assault. The trial court requested a comprehensive evaluation, staffing, and predisposition report. The court specifically requested the DJJ to “include a written recommendation for a restrictiveness level as defined in Florida Statute 985.03(44).” The court placed the juvenile on home detention pending the disposition hearing. In its predisposition report, the DJJ indicated that the juvenile could remain on probation and be treated in the community....

...connected to this analysis does not explain why one restrictiveness level is better suited for providing the juvenile offender with “the most appropriate dispositional services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)–(e), 985.433(7)(a)-(b) Fla. Stat....

...a trial court ‘may not deviate simply because it disagrees with the disposition recommended by DJJ[.]’” C.C. v. State, 276 So. 3d 14, 18 (Fla. 4th DCA 2019) (quoting B.L.R. v. State, 74 So. 3d 173, 176 (Fla. 1st DCA 2011)). We also note that section 985.03(44)(a)–(d), Florida Statutes (2019), provides for four restrictiveness levels for commitment: minimum-risk nonresidential, nonsecure residential, high-risk residential, and maximum-risk residential. R.B....

...opposing restrictiveness levels.” E.A.R., 4 So. 3d at 638. Although the trial court recited certain distinctions between nonsecure residential 6 commitment programs and high-risk residential programs identified in section 985.03(44), the trial court’s discussion was simply the “parroting” of statutory phrasing that was disapproved in E.A.R....

special treatment for juvenile sex offenders. Section 985.03(31), Florida Statutes defines a juvenile sex

serious or habitual juvenile offender pursuant to section 985.03(47). § 985.31(3)(e), Fla. Stat. (1997). Contrary