Florida Statute 985.433 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

View Entire Chapter

F.S. 985.433

985.433 Disposition hearings in delinquency cases.—When a child has been found to have committed a delinquent act, the following procedures shall be applicable to the disposition of the case:

(1) The court shall notify any victim of the offense, if such person is known and within the jurisdiction of the court, of the hearing.

(2) The court shall notify and summon or subpoena, if necessary, the parents, legal custodians, or guardians of the child to attend the disposition hearing if they reside in the state.

(3) The court may receive and consider any other relevant and material evidence, including other written or oral reports or statements, in its effort to determine the appropriate disposition to be made with regard to the child. The court may rely upon such evidence to the extent of its probative value, even though such evidence may not be technically competent in an adjudicatory hearing.

(4) Before the court determines and announces the disposition to be imposed, it shall:

(a) State clearly, using common terminology, the purpose of the hearing and the right of persons present as parties to comment at the appropriate time on the issues before the court.

(b) Discuss with the child his or her compliance with any predisposition plan or other plan imposed since the date of the offense.

(c) Discuss with the child his or her feelings about the offense committed, the harm caused to the victim or others, and what penalty he or she should be required to pay for such transgression.

(d) Give all parties, as well as the victim or a representative of the victim, representatives of the school system, and the law enforcement officers involved in the case who are present at the hearing an opportunity to comment on the issue of disposition and any proposed rehabilitative plan. Parties to the case shall include the parents, legal custodians, or guardians of the child; the child’s counsel; the state attorney; and representatives of the department.

(5) At the time of disposition, the court may make recommendations to the department as to specific treatment approaches to be employed.

(6) The first determination to be made by the court is a determination of the suitability or nonsuitability for adjudication and commitment of the child to the department. This determination shall include consideration of the recommendations of the department, which may include a predisposition report. The predisposition report shall include, whether as part of the child’s multidisciplinary assessment, classification, and placement process components or separately, evaluation of the following criteria:

(a) The seriousness of the offense to the community. If the court determines under chapter 874 that the child was a member of a criminal gang at the time of the commission of the offense, the seriousness of the offense to the community shall be given great weight.

(b) Whether the protection of the community requires adjudication and commitment to the department.

(d) Whether the offense was against persons or against property, greater weight being given to offenses against persons, especially if personal injury resulted.

(e) The sophistication and maturity of the child.

(f) The record and previous criminal history of the child, including without limitations:

1. Previous contacts with the department, the former Department of Health and Rehabilitative Services, the Department of Children and Families, the Department of Corrections, other law enforcement agencies, and courts.

2. Prior periods of probation.

3. Prior adjudications of delinquency.

4. Prior commitments to institutions.

(g) The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child if committed to a community services program or facility.

(h) The child’s educational status, including, but not limited to, the child’s strengths, abilities, and unmet and special educational needs. The report shall identify appropriate educational and career goals for the child. Examples of appropriate goals include:

1. Attainment of a high school diploma or its equivalent.

2. Successful completion of literacy courses.

3. Successful completion of career and technical education courses.

4. Successful attendance and completion of the child’s current grade or recovery of credits of classes the child previously failed, if enrolled in school.

5. Enrollment in an apprenticeship or a similar program.

It is the intent of the Legislature that the criteria set forth in this subsection are general guidelines to be followed at the discretion of the court and not mandatory requirements of procedure. It is not the intent of the Legislature to provide for the appeal of the disposition made under this section.

(7) If the court determines that the child should be adjudicated as having committed a delinquent act and should be committed to the department, such determination shall be in writing or on the record of the hearing. The determination shall include a specific finding of the reasons for the decision to adjudicate and to commit the child to the department, including any determination that the child was a member of a criminal gang.

(a) The department shall recommend to the court the most appropriate placement and treatment plan, specifically identifying the restrictiveness level most appropriate for the child if commitment is recommended. If the court has determined that the child was a member of a criminal gang, that determination shall be given great weight in identifying the most appropriate restrictiveness level for the child. The court shall consider the department’s recommendation in making its commitment decision.

(b) The court shall commit the child to the department at the restrictiveness level identified or may order placement at a different restrictiveness level. The court shall state for the record the reasons that establish by a preponderance 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.

(c) The court may also require that the child be placed in a probation program following the child’s discharge from commitment. Community-based sanctions under subsection (8) may be imposed by the court at the disposition hearing or at any time prior to the child’s release from commitment.

(d) Any child adjudicated by the court and committed to the department under a restrictiveness level described in ¹s. 985.03(44)(a)-(d) for any offense or attempted offense involving a firearm must be placed on conditional release, as defined in s. 985.03, for a period of 1 year following his or her release from a commitment program. Such term of conditional release shall include electronic monitoring of the child by the department for the initial 6 months following his or her release and at times and under terms and conditions set by the department.

(8) If the court determines not to adjudicate and commit to the department, then the court shall determine what community-based sanctions it will impose in a probation program for the child. Community-based sanctions may include, but are not limited to, participation in substance abuse treatment, a day-treatment probation program, restitution in money or in kind, a curfew, revocation or suspension of the driver license of the child, community service, and appropriate educational programs as determined by the district school board.

(a)1. Where a child is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of s. 790.22(3), or is found to have committed an offense during the commission of which the child possessed a firearm, and the court has decided not to commit the child to a residential program, the court shall order the child, in addition to any other punishment provided by law, to:

a. Serve a period of detention of 30 days in a secure detention facility, with credit for time served in secure detention prior to disposition.

b. Perform 100 hours of community service or paid work as determined by the department.

c. Be placed on probation for a period of at least 1 year. Such term of probation shall include electronic monitoring of the child by the department at times and under terms and conditions set by the department.

2. In addition to the penalties in subparagraph 1., the court may impose the following restrictions upon the child’s driving privileges:

a. If the child is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the child’s driver license or driving privilege for up to 1 year.

b. If the child’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 1 year.

c. If the child is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the child would otherwise have become eligible.

For the purposes of this paragraph, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.

(b) A child who has previously had adjudication withheld for any of the following offenses shall not be eligible for a second or subsequent withhold of adjudication if he or she is subsequently found to have committed any of the following offenses, and must be adjudicated delinquent and committed to a residential program:

1. Armed robbery involving a firearm under s. 812.13(2)(a).

2. Armed carjacking under s. 812.133(2)(a) involving the use or possession of a firearm as defined in s. 790.001.

3. Having a firearm while committing a felony under s. 790.07(2).

4. Armed burglary under s. 810.02(2)(b) involving the use or possession of a firearm as defined in s. 790.001.

5. Delinquent in possession of a firearm under s. 790.23(1)(b).

6. An attempt to commit any offense listed in this paragraph under s. 777.04.

(9) After appropriate sanctions for the offense are determined, including any minimum sanctions required by this section, the court shall develop, approve, and order a plan of probation that will contain rules, requirements, conditions, and rehabilitative programs, including the option of a day-treatment probation program, that are designed to encourage responsible and acceptable behavior and to promote both the rehabilitation of the child and the protection of the community.

(10) Any disposition order shall be in writing as prepared by the clerk of court and may thereafter be modified or set aside by the court.

History.—s. 38, ch. 97-238; s. 18, ch. 98-207; s. 131, ch. 99-3; s. 30, ch. 2000-135; s. 40, ch. 2001-64; s. 23, ch. 2001-125; s. 45, ch. 2006-120; s. 32, ch. 2008-238; s. 351, ch. 2014-19; s. 22, ch. 2014-162; s. 12, ch. 2024-130.

¹Note.—Section 9, ch. 2024-133, deleted s. 985.03(44)(a) and redesignated paragraphs (b)-(d) as paragraphs (a)-(c).

Note.—Former s. 985.23.

F.S. 985.433 on Google Scholar

F.S. 985.433 on CourtListener

Amendments to 985.433

Annotations, Discussions, Cases:

Cases Citing Statute 985.433

Total Results: 75

EAR v. State

4 So. 3d 614, 2009 WL 217979

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1666810

Cited 55 times | Published

provide to justify a departure disposition under section 985.433(7)(b), Florida Statutes (2007). I. BACKGROUND

E.A.R. v. State

4 So. 3d 614, 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 60295083

Cited 34 times | Published

application and development of legal doctrine. Section 985.433(7)(b) does provide the juvenile court a measure

MJS v. State

6 So. 3d 1268, 2009 WL 818989

District Court of Appeal of Florida | Filed: Mar 31, 2009 | Docket: 1508458

Cited 8 times | Published

restrictiveness level recommended by the [DJJ]." § 985.433(7)(b), Fla. Stat. (2007) (emphasis supplied).

M.A.L. v. State

110 So. 3d 493, 2013 WL 1222771, 2013 Fla. App. LEXIS 4902

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60230323

Cited 6 times | Published

prior to its determination in accordance with section 985.433(4), Florida Statutes (2011), constituted fundamental

MH v. State

69 So. 3d 325, 2011 WL 3837285

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 2353903

Cited 6 times | Published

placed appellant in a moderate-risk facility. Section 985.433(7)(b), Florida Statutes (2010), governs the

MK v. State

4 So. 3d 1271, 2009 WL 779997

District Court of Appeal of Florida | Filed: Mar 26, 2009 | Docket: 1666353

Cited 6 times | Published

restrictiveness level recommended by the [DJJ]." § 985.433(7)(b), Fla. Stat. (2007) (emphasis supplied).

M.J.S. v. State

6 So. 3d 1268, 2009 Fla. App. LEXIS 2702

District Court of Appeal of Florida | Filed: Mar 31, 2009 | Docket: 60299764

Cited 5 times | Published

restrictiveness level recommended by the [DJJ].” § 985.433(7)(b), Fla. Stat.' (2007) (emphasis supplied)

B.K.A. v. State

122 So. 3d 928, 2013 WL 5476427, 2013 Fla. App. LEXIS 15544

District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60234807

Cited 4 times | Published

without sufficient reasons, in violation of section 985.433(7), Florida Statutes and the requirements set

EAR v. State

975 So. 2d 610, 2008 WL 583791

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1727064

Cited 4 times | Published

write to address a narrow issue whether section 985.433(7)(b), Florida Statutes (2007),[1] requires

J.B.S. v. State

90 So. 3d 961, 2012 WL 2368979, 2012 Fla. App. LEXIS 10147

District Court of Appeal of Florida | Filed: Jun 25, 2012 | Docket: 60309731

Cited 3 times | Published

announced in E.A.R. v. State, that, in applying section 985.433(7)(b), Florida Statutes (2007), the court cannot

KJF v. State

44 So. 3d 1204, 2010 WL 3783340

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2400591

Cited 3 times | Published

risk levels"). This recognition is evident in section 985.433(6), which provides that the first determination

CMH v. State

25 So. 3d 678, 2010 WL 143758

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 2537476

Cited 3 times | Published

restrictiveness level recommended by the [DJJ]." § 985.433(7)(b), Fla. Stat. (2007) (emphasis supplied).

M.K. v. State

4 So. 3d 1271, 2009 Fla. App. LEXIS 2524

District Court of Appeal of Florida | Filed: Mar 26, 2009 | Docket: 60295035

Cited 3 times | Published

restrictiveness level recommended by the [DJJ].” § 985.433(7)(b), Fla. Stat. (2007) (emphasis supplied).

A.L.M. v. State

176 So. 3d 1025, 2015 Fla. App. LEXIS 16216, 2015 WL 6613330

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60250765

Cited 2 times | Published

recommendation from the Department. We agree. Under section 985.433(7)(a), Florida Statutes (2014), if a court

M.H. v. State

69 So. 3d 325, 2011 Fla. App. LEXIS 13802

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60302601

Cited 2 times | Published

placed appellant in a moderate-risk facility. Section 985.433(7)(b), Florida Statutes (2010), governs the

State v. A.C.

44 So. 3d 1240, 2010 Fla. App. LEXIS 14541

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 60295554

Cited 2 times | Published

statutes: section 985.433(7)(b) and section 985.534(b)5., Florida Statutes (2009). Section 985.433(7)(b)

State v. AC

44 So. 3d 1240, 2010 WL 3808975

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 1928656

Cited 2 times | Published

statutes: section 985.433(7)(b) and section 985.534(b)5., Florida Statutes (2009). Section 985.433(7)(b)

LR v. State

948 So. 2d 827, 2007 WL 120297

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 1772385

Cited 2 times | Published

hearings in delinquency cases are now found in section 985.433, Florida Statutes (2006).

D.V. v. State

216 So. 3d 3, 2017 WL 1076938, 2017 Fla. App. LEXIS 3774

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 60265169

Cited 1 times | Published

provided a roadmap for disposition hearings in section 985.433, Florida Statutes (2015), which places great

D.G. v. State

170 So. 3d 1, 2015 Fla. App. LEXIS 4250, 2015 WL 1312646

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60249398

Cited 1 times | Published

obtaining a recommendation from the Department. Section 985.433, Florida Statutes (2011), *3governs the disposition

S.M. v. State

138 So. 3d 1156, 2014 WL 2103374, 2014 Fla. App. LEXIS 7630

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240514

Cited 1 times | Published

appearance is not in the child’s best interests.” Section 985.433(4), Florida Statutes (2012), requires that

T.W.R. v. State

80 So. 3d 1110, 2012 Fla. App. LEXIS 3201, 2012 WL 603551

District Court of Appeal of Florida | Filed: Feb 27, 2012 | Docket: 60305639

Cited 1 times | Published

Appellant in a moderate-risk residential program. Section 985.433(7)(b), Florida Statutes (2010), governs the

C.C.T. v. State

53 So. 3d 1149, 2011 Fla. App. LEXIS 1444, 2011 WL 362241

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298007

Cited 1 times | Published

2009). We agree and, consequently, reverse. Section 985.433(7)(b), Florida Statutes (2010), delineates

C.B. v. State

16 So. 3d 1049, 2009 Fla. App. LEXIS 13571

District Court of Appeal of Florida | Filed: Sep 14, 2009 | Docket: 60246741

Cited 1 times | Published

restrictiveness level recommended by the [DJJ].” § 985.433(7)(b), Fla. Stat. (2007) (emphasis supplied).

CB v. State

16 So. 3d 1049, 2009 WL 2914189

District Court of Appeal of Florida | Filed: Sep 14, 2009 | Docket: 1640927

Cited 1 times | Published

restrictiveness level recommended by the [DJJ]." § 985.433(7)(b), Fla. Stat. (2007) (emphasis supplied).

A.A.V. v. State

9 So. 3d 654, 2009 Fla. App. LEXIS 2498

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 60309066

Cited 1 times | Published

restrictiveness level recommended by the department. § 985.433(7)(b), Fla. Stat. With respect to the trial court’s

M.B. v. State

9 So. 3d 40, 2009 Fla. App. LEXIS 3617

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 60309045

Cited 1 times | Published

Juvenile Justice.1 We disagree and reverse. See § 985.433(7)(b), Fla. Stat. (2008) (stating court “may order

JG v. State

978 So. 2d 270, 2008 WL 942593

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1508527

Cited 1 times | Published

restrictiveness level recommended by the department. § 985.433(7)(b), Fla. Stat. (2007). In making its decision

JS v. State

971 So. 2d 992, 2008 WL 45740

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731644

Cited 1 times | Published

disregard the DJJ's recommendations under section 985.433(7)(b), Florida Statutes (2007), but must state

JS v. State

971 So. 2d 992, 2008 WL 45740

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731644

Cited 1 times | Published

disregard the DJJ's recommendations under section 985.433(7)(b), Florida Statutes (2007), but must state

DLT v. State

960 So. 2d 913, 2007 WL 2126290

District Court of Appeal of Florida | Filed: Jul 26, 2007 | Docket: 1726323

Cited 1 times | Published

to deviate from DJJ's recommendation under section 985.433(7)(b), Florida Statutes (2006), is not unbridled;

A.T.M.C., a Child v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454074

Published

sentence—the 2023 version of Florida Statute section 985.433 (and any other applicable 2023 statutes).”

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69636665

Published

offense involving a firearm and under section 985.433(7)(d), Florida Statutes, the child must

E.J.J., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833827

Published

346 So. 3d 42, 46 (Fla. 4th DCA 2022) (quoting § 985.433(4)(c), Fla. Stat. (2021)) (holding trial court

L.S., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369347

Published

disposition. We disagree, but write to address section 985.433(4)(c), Florida Statutes (2021), the statutory

V.L.H., A JUVENILE v. State

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295935

Published

for the child if commitment is recommended.” § 985.433(7)(a), Fla. Stat. (2020). Before making a final

R.B., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 29, 2020 | Docket: 17109568

Published

(Fla. 4th DCA 2012) (citations omitted). Section 985.433, Florida Statutes, governs “[d]isposition hearings

F.L.P., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 25, 2020 | Docket: 17009723

Published

(Fla. 4th DCA 2019) (citation omitted). Section 985.433, Florida Statutes (2018), delineates the procedural

J. D. P. v. State

267 So. 3d 510

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 64709228

Published

case consistent with the factors provided in section 985.433(6), Florida Statutes (2016). It issued an amended

J. D. P. v. State

267 So. 3d 510

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 64709229

Published

case consistent with the factors provided in section 985.433(6), Florida Statutes (2016). It issued an amended

J. D. P. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752813

Published

case consistent with the factors provided in section 985.433(6), Florida Statutes (2016). It issued an amended

C.J., A CHILD v. STATE OF FLORIDA

244 So. 3d 299

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366323

Published

State argues the trial court was referring to section 985.433, Florida Statutes (2016), which provides that

T. S., A Child v. State of Florida

District Court of Appeal of Florida | Filed: Oct 8, 2017 | Docket: 6166322

Published

the seeming discrepancy between the text of section 985.433(7)(b), Florida Statutes, and the requirements

T. S., A Child v. State of Florida

227 So. 3d 229, 2017 Fla. App. LEXIS 14014

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165231

Published

the seeming discrepancy between the text of section 985.433(7)(b), Florida Statutes, and the requirements

K.L.L. v. State

224 So. 3d 918, 2017 Fla. App. LEXIS 12237, 2017 WL 3686773

District Court of Appeal of Florida | Filed: Aug 28, 2017 | Docket: 60271791

Published

opinions in B.K.A. and A.L.M., as well as section 985.433(7), Florida Statutes. ROBERTS, MAKAR and JAY

K. L. L., A Child v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144144

Published

opinions in B.K.A. and A.L.M., as well as section 985.433(7), Florida Statutes. ROBERTS, MAKAR and JAY

K. L. L., A Child v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144144

Published

opinions in B.K.A. and A.L.M., as well as section 985.433(7), Florida Statutes. ROBERTS, MAKAR and JAY

State of Florida v. I. D.

District Court of Appeal of Florida | Filed: May 30, 2017 | Docket: 6067417

Published

2 assessment and recommendation. § 985.433(7)(b), Fla. Stat.; E.A.R., 4 So. 3d at 635. Here

State v. I.D.

219 So. 3d 249, 2017 WL 2211330, 2017 Fla. App. LEXIS 7209

District Court of Appeal of Florida | Filed: May 19, 2017 | Docket: 60266473

Published

the Department’s assessment and recommendation. § 985.433(7)(b), Fla. Stat.; E.A.R., 4 So.3d at 635. Here

M.J. v. State of Florida

District Court of Appeal of Florida | Filed: Mar 19, 2017 | Docket: 4619339

Published

3 Section 985.433, Florida Statutes (2016), governs the disposition

M.J. v. State

212 So. 3d 534, 2017 Fla. App. LEXIS 3243

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 60263379

Published

proper legal standard is reviewed de novo. Id. Section 985.433, Florida Statutes (2016), governs the disposition

C.C. v. State

206 So. 3d 808

District Court of Appeal of Florida | Filed: Nov 28, 2016 | Docket: 63631162

Published

disposition hearings in delinquency cases. Section 985.433(6) grants the trial court discretion regarding

A.L.M. v. State

176 So. 3d 1026, 2015 Fla. App. LEXIS 16213, 2015 WL 6619975

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60250766

Published

we conclude the court did not err. Under section 985.433(7)(a), Florida Statutes (2014), if a court

D.R., a Child v. State of Florida

178 So. 3d 478, 2015 Fla. App. LEXIS 15627, 2015 WL 6161239

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991041

Published

residential commitment level.” The court found under section 985.433(7)(a), Florida Statutes, and consistent with

R.R.R. v. State

173 So. 3d 1084, 2015 Fla. App. LEXIS 12056, 2015 WL 4771948

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 60250200

Published

adjudicated delinquent and committed to the DJJ. § 985.433(6), Fla. Stat. (2013). That statute lists criteria

R.R.R. v. State

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 2684311

Published

adjudicated delinquent and committed to the DJJ. § 985.433(6), Fla. Stat. (2013). That statute lists criteria

Department of Juvenile Justice v. State of Florida

151 So. 3d 561, 2014 WL 6997155

District Court of Appeal of Florida | Filed: Dec 11, 2014 | Docket: 2614602

Published

committed.” We find this order contravenes section 985.433, Florida Statutes, by combining the two-step

C.J.T. v. State

139 So. 3d 983, 2014 WL 2589188, 2014 Fla. App. LEXIS 8852

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241261

Published

Instead, the trial court should have relied upon section 985.433, Florida Statutes (2012), which sets forth

A.G. v. State

123 So. 3d 700, 2013 WL 5744696

District Court of Appeal of Florida | Filed: Oct 28, 2013 | Docket: 60235175

Published

further proceedings consistent with B.K.A. and section 985.433(7), Florida Statutes. REVERSED and REMANDED

R.C. v. State

123 So. 3d 698, 2013 WL 5744694, 2013 Fla. App. LEXIS 16903

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235174

Published

further proceedings consistent with B.K.A. and section 985.433(7), Florida Statutes. CLARK, ROWE, and SWANSON

R.A. v. State

117 So. 3d 1181, 2013 WL 2501976, 2013 Fla. App. LEXIS 9277

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232571

Published

[DJJ].’ ” Id. (alteration in original) (quoting § 985.433(7)(b), Fla. Stat. (2007)). The supreme court specifically

T.M. v. State

48 So. 3d 1007, 2010 Fla. App. LEXIS 18358, 2010 WL 4909313

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60296433

Published

placement at a different restrictiveness level.” See § 985.433(7)(b), Fla. Stat. (2009). In E.A.R. v. State,

K.J.F. v. State

44 So. 3d 1204, 2010 Fla. App. LEXIS 14532

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295550

Published

risk levels”). This recognition is evident in section 985.433(6), which provides that the first determination

AAV v. State

9 So. 3d 654, 2009 WL 763536

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 2536235

Published

restrictiveness level recommended by the department. § 985.433(7)(b), Fla. Stat. With respect to the trial court's

AAV v. State

9 So. 3d 654, 2009 WL 763536

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 2536235

Published

restrictiveness level recommended by the department. § 985.433(7)(b), Fla. Stat. With respect to the trial court's

MB v. State

9 So. 3d 40, 2009 WL 559868

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 14959

Published

Juvenile Justice.[1] We disagree and reverse. See § 985.433(7)(b), Fla. Stat. (2008) (stating court "may order

J.G. v. State

978 So. 2d 270, 2008 Fla. App. LEXIS 5212

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 64854410

Published

restrictiveness level recommended by the department. § 985.433(7)(b), Fla. Stat. (2007). In making its decision

L.S. v. State

978 So. 2d 220, 2008 Fla. App. LEXIS 4666

District Court of Appeal of Florida | Filed: Mar 31, 2008 | Docket: 64854389

Published

restrictive disposition for protecting the public.” Section 985.433(7)(b), Florida Statutes (2006), permits the

LS v. State

978 So. 2d 220, 2008 WL 829035

District Court of Appeal of Florida | Filed: Mar 31, 2008 | Docket: 1508526

Published

restrictive disposition for protecting the public." Section 985.433(7)(b), Florida Statutes (2006), permits the

P.Y. v. State

976 So. 2d 1168, 2008 Fla. App. LEXIS 3845, 2008 WL 704227

District Court of Appeal of Florida | Filed: Mar 18, 2008 | Docket: 64854178

Published

DJJ and, if so, at what restrictiveness level. § 985.433(6), Fla. Stat. (2007). “This determination shall

E.A.R. v. State

975 So. 2d 610, 2008 Fla. App. LEXIS 3019

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 64853965

Published

We write to address a narrow issue—whether section 985.433(7)(b), Florida Statutes (2007),1 requires a

J.S. v. State

971 So. 2d 992, 2008 Fla. App. LEXIS 53

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 64853568

Published

disregard the DJJ’s recommendations under section 985.433(7)(b), Florida Statutes (2007), but must state

D.L.T. v. State

960 So. 2d 913, 2007 Fla. App. LEXIS 11458

District Court of Appeal of Florida | Filed: Jul 26, 2007 | Docket: 64851515

Published

to deviate from DJJ’s recommendation under section 985.433(7)(b), Florida Statutes (2006), is not unbridled;

D.O. v. State

961 So. 2d 1053, 2007 Fla. App. LEXIS 11368, 2007 WL 2089306

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 64851623

Published

reasons and a preponderance of the evidence. See § 985.433(7)(b), Fla. Stat. (2006); T.A. v. State, 862 So

L.R. v. State

948 So. 2d 827, 2007 Fla. App. LEXIS 499

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 64849112

Published

hearings in delinquency cases are now found in section 985.433, Florida Statutes (2006).