CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 4899179
...uvenile probation officer and the parent(s)/legal guardian(s), 3) to participate in counseling as deemed appropriate, and 4) to submit to random urinalysis and pay the costs of testing are proper and should be affirmed because they are authorized by section 985.435(2)-(3), Florida Statutes (2007), and did not have to be pronounced orally....
...68.00 by $65.00. The State concedes that the special condition prohibiting Appellant from associating "with any known delinquent peers" must be stricken pursuant to C.C.B.,
782 So.2d at 477, for this type of condition is not explicitly authorized by section
985.435, Florida Statutes (2007), or any other applicable statute and was not orally pronounced....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 WL 331662
...The disposition of juvenile probation until L.D.K.'s birthday on May 29, 2009, for the first-degree misdemeanor constitutes disposition error. The juvenile probation period "may not exceed the term for which sentence could be imposed if the child were committed for the offense." § 985.435(5), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 17639
...uvenile probation officer and the parent(s)/legal guardian(s), 3) to participate in counseling as deemed appropriate, and 4) to submit to random urinalysis and pay the costs of testing are proper and should be affirmed because they are authorized by section 985.435(2)-(3), Florida Statutes (2007), and did not have to be pronounced orally....
...by $65.00. The State concedes that the special condition prohibiting Appellant from associating “with any known delinquent peers” must be stricken pursuant to C.C.B.,
782 So.2d at 477 , for this type of condition is not explicitly authorized by section
985.435, Florida Statutes (2007), or any other applicable statute and was not orally pronounced....
CopyCited 1 times | Published | Supreme Court of Florida | 2010 WL 26540
...Once a juvenile is adjudicated delinquent and if the trial court places the juvenile on probation, a probation program "must include a penalty component such as restitution in money or in kind." § 985.231(1)(a)(1), Fla. Stat. (2005); [4] see also § 985.435(2)(a), Fla....
...(2009) (emphasis added), instead of " shall not exceed." § 39.054(1)(a)(2), Fla. Stat. (Supp.1990) (emphasis added). However, this distinction is of no import. Other distinctions between the entirety of section 39.054, Florida Statutes (Supp.1990), and sections 985.231, Florida Statutes (2005), and
985.435, Florida Statutes (2009), also do not affect this analysis. [4] Section 985.231, which was in effect at the time J.A.B. committed the battery, has been amended and renumbered as sections
985.435,
985.437, 985.445,
985.45,
985.455,
985.475, and
985.513....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 5, 2010 Fla. LEXIS 5
...Once a juvenile is adjudicated delinquent and if the trial court places the juvenile on probation, a probation program “must include a penalty component such as restitution in money or in kind.” § 985.231(l)(a)(l), Fla. Stat. (2005); 4 see also § 985.435(2)(a), Fla....
...(2009) (emphasis added), instead of "shall not exceed." § 39.054(l)(a)(2), Fla. Stat. (Supp.1990) (emphasis added). However, this distinction is of no import. Other distinctions between the entirety of section 39.054, Florida Statutes (Supp.1990), and sections 985.231, Florida Statutes (2005), and
985.435, Florida Statutes (2009), also do not affect this analysis. . Section 985.231, which was in effect at the time J.A.B. committed the battery, has been amended and renumbered as sections
985.435,
985.437, 985.445,
985.45,
985.455,
985.475, and
985.513....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 19629, 2014 WL 6789898
...on probation but failed to specify the length of the probationary term. A court may place an adjudicated delinquent child on probation for a period that “may not exceed the term for which sentence could be imposed if the child were committed for the offense.” § 985.435(5), Fla....
...nated in December 2013. As for the battery charge, the court withheld an adjudication of delinquency. Section
985.35(4) allows a trial court to withhold adjudication and place a child who “has committed a delinquent act” on probation, but unlike section
985.435(5), this section does not provide for a limitation on the length of the probation....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4821677, 2013 Fla. App. LEXIS 14457
...Defense counsel objected to this provision as: (1) not authorized by statute or rule; (2) vague and overly broad; (3) violating the separation of powers doctrine; and (4) violating double jeopardy. He appeals the inclusion of this condition of his probation. Neither section 985.435, Florida Statutes (2012), nor Form 8.947 of the juvenile rules of procedure contains as a condition of probation, a blanket prohibition of willful contact with anyone on supervision by juvenile or adult court, a member of a criminal g...
CopyPublished | Florida 4th District Court of Appeal
...Due to
[appellant’s] current criminogenic needs, it was determined
that a Level 4 (Non-secure Residential Commitment)
recommendation was appropriate.
The youth’s criminal history, social history, attitudes, and
behaviors were taken into consideration. “Per F.S 985.435(4)
The Department respectfully recommends the court authorize
the use of the Effective Response Matrix (ERM) as an
alternative consequences component to address youth
2
noncomplian...
CopyPublished | Florida 5th District Court of Appeal
...th other requirements, such as
restitution and community service. The court may allow early
termination of probation for a child who has substantially
complied with the terms and conditions of probation.
§ 985.435(7), Fla....
...Compare §
948.05, Fla. Stat. (“A court . . . when satisfied that its action will be for the best
interests of justice and the welfare of society . . . may discharge the probationer or
offender in community control from further supervision.”), with §
985.435(7), Fla....
...A probationary condition that does not allow for early
termination runs counter to the purpose of rehabilitation, and it does not allow for the
consideration of the release of a juvenile who has “substantially complied” with the terms
and conditions of his or her probation. See id. § 985.435(7).
Accordingly, we reverse and remand for the trial court to strike the condition of
probation that prohibits consideration of the early termination of probation.
REVERSED and REMANDED.
COHEN, C.J., PALMER and WALLIS, JJ...
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 60
...t. The department shall notify the court of,its intent to discharge no later than 14 days prior to discharge. Failure of the court to timely respond to the department’s notice shall be considered approval for discharge. 3. Order disposition under ss.
985.435,
985.437,-
985.439,
985.441,
985.45, and
985.455 as an alternative to youthful of-, fender or adult sentencing if the court •determines not to impose youthful offender or adult sanctions....
...Here, appellant resolved his case by entering a plea in which he waived a PSI and accepted a disposition with juvenile sanctions. Section
985.565(4)(b)3 authorizes the court to sentence a juvenile to commitment followed by post-commitment probation. Section
985.435, one of the juvenile statutes cited in section
985.565(4)(b)3, expressly permits post-commitment probation....
CopyPublished | Florida 3rd District Court of Appeal
...If
granted, his appeal would then be moot. We agree that relinquishment is
appropriate under these circumstances and grant the motion.
Specifically, we relinquish jurisdiction to allow the trial court to
determine whether R.M.A. is entitled to have his probation terminated under
§ 985.435(7), Florida Statutes, and to have his charges dismissed per
R.M.A.’s agreement with the State. See § 985.435(7), Fla....
...urt by order may permit the
lower tribunal to proceed with specifically stated matters during the pendency
of the appeal.”).
Our decision here, however, is limited to relinquishment requests that
seek termination of probation pursuant to § 985.435(7)....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1059
...The disposition of juvenile probation until L.D.K.’s birthday on May 29, 2009, for the first-degree misdemeanor constitutes disposition error. The juvenile probation period “may not exceed the term for which sentence could be imposed if the child were committed for the offense.” § 985.435(5), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...on probation but failed to
specify the length of the probationary term. A court may place an adjudicated
delinquent child on probation for a period that "may not exceed the term for which
sentence could be imposed if the child were committed for the offense." § 985.435(5),
Fla....
...terminated in December 2013.
As for the battery charge, the court withheld an adjudication of
delinquency. Section
985.35(4) allows a trial court to withhold adjudication and place a
child who "has committed a delinquent act" on probation, but unlike section
985.435(5),
this section does not provide for a limitation on the length of the probation....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 5650, 2012 WL 1232006
...willfully and substantially violated condition nine under these circumstances. Reversed. CASANUEVA and MORRIS, JJ., Concur. . If a trial court adjudicates a child delinquent, juvenile probation may not exceed the maximum term the court could impose on an adult for the same offense. See § 985.435(5), .455(3), Fla....
