Florida/Georgia Personal Injury & Workers Compensation

...The court ordered, but did not conduct, such a proceeding in this case. Instead, the court chose to accept a plea by B.M. for violation by her of her probation and set her case for disposition. Having so chosen, the court was limited to the remedies prescribed in section 985.439(4)(a)-(d), Florida Statutes (2007): (4) If the child is found to have violated the conditions of probation or postcommitment probation, the court may: (a) Place the child in a consequence unit in that judicial circuit, if available, f...

...risk residential program. The disposition orders entered in case numbers 10-445, 11-174, and 11-388 referenced the adult violation of probation statute, section 948.06, Florida Statutes (2011), instead of the juvenile violation of probation statute, section 985.439, Florida Statutes (2011)....

...in secure detention on December 13, 2010, but later changed his status to nonsecure detention. *398 He remained on detention status for the maximum time permitted by law. See § 985.26, Fla. Stat. (2010). Neither DJJ nor the State filed a petition alleging a violation of probation. See § 985.439....

...filed by the deputy sheriff tolled the running of T.L.H.’s probationary period, (2) the complaint was the appropriate procedure to allow the trial court to consider the violation of probation, and (3) nothing else needed to be filed. We disagree. Section 985.439(1)(b) provides that if the conditions of a child’s probation are violated, “the department or the state attorney may bring the child before the court on a petition alleging a violation of the program.” (Emphasis added)....

...On January 18, 2011, law enforcement filed a sworn affidavit alleging that R.H. had violated her probation by running away from home. However, neither the State nor the Department of Juvenile Justice (DJJ) filed a corresponding petition with the court pursuant to section 985.439(l)(b), Florida Statutes (2010), and Florida Rule of Juvenile Procedure 8.120(a)(3) alleging a violation of probation....

...delinquency proceedings that allows for [the] tolling of probation upon the filing of an affidavit and the issuance of a warrant.” T.L.H. v. State, 93 So.3d 396 (Fla. 2d DCA 2012) (citing K.L.T. v. State, 65 So.3d 102 (Fla. 5th DCA 2011)). Because section 985.439(l)(b) and rule 8.120(a)(3) both- require either the State or the DJJ to file a petition alleging a violation of juvenile probation before revocation proceedings can occur and because no petition was filed in this case, we conclude that R.H.’s probation expired prior to the revocation hearing....

PER CURIAM. R.A.J. petitions for a writ of habeas corpus, arguing that she should be immediately released from home detention with GPS monitoring based upon her reading of section 985.439(4), Florida Statutes....

...We now address the process by which the State pursued T.A.K.'s alleged probation violations. Upon a probation violation, "the [Department of Juvenile Justice] or the state attorney may bring the child before the court on a petition alleging a violation of the program." § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated to reverse orders revoking a juvenile's probation absent a filed petition. See R.H. , 93 So.3d at 1167 ("Because section 985.439(1)(b) and [Florida Rule of Juvenile Procedure] 8.120(a)(3) both require either the State or the DJJ to file a petition alleging a violation of juvenile probation before revocation proceedings can occur and because no petition was file...

...We now address the process by which the State pursued T.A.K.'s alleged probation violations. Upon a probation violation, "the [Department of Juvenile Justice] or the state attorney may bring the child before the court on a petition alleging a violation of the program." § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated to reverse orders revoking a juvenile's probation absent a filed petition. See R.H., 93 So. 3d at 1167 ("Because section 985.439(1)(b) and [Florida Rule of Juvenile Procedure] 8.120(a)(3) both require either the State or the DJJ to file a petition alleging a violation of juvenile probation before revocation proceedings can occur and because no petition was f...

...requires that the court make certain findings. Here, the court made the required findings at the violation of probation disposition hearing. At that time, the juvenile admitted to violating probation and the court had the authority to “impose any sanction [it] could have imposed at the original disposition hearing.” § 985.439(4), Fla. Stat....

...the court is required to render a written order noting the specific conditions of probation that were violated.” M.A.L. v. State, 110 So. 3d 493, 498 (Fla. 4th DCA 2013) (quoting Robinson v. State, 74 So. 3d 570, 572 (Fla. 4th DCA 2011)); see also § 985.439(4), Fla....

...hen” the child has been found to have committed the delinquent act, the statute’s plain language does not require such a discussion at a later disposition hearing at which the child has not been found to have committed a delinquent act. Instead, section 985.439, Florida Statutes (2021), entitled “Violation of probation 4 or postcommitment probation,” governs the proceedings in question, and it contains no comparable discussion requirements. L.S....

...an intent to avoid the legal process. We remand this case to the trial court to conduct a hearing within 24 hours on the petition alleging a violation of a probation program. After such hearing, the trial court may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether the juvenile should be released....

...an intent to avoid the legal process. We remand this case to the trial court to conduct a hearing within 24 hours on the petition alleging a violation of a probation program. After such hearing, the trial court may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether the juvenile should be released....

...Defense counsel objected to continuing V.L.H.’s secure detention. The State argued that 1 V.L.H. also testified at the hearing, but the trial court found that V.L.H. was not credible. 4 V.L.H. could be detained under section 985.439, Florida Statutes, but V.L.H.’s counsel argued that a new disposition order under that statute requires notice and a new predisposition report....

...The State argues that a new predisposition order is not required when a trial court finds that a child has violated her probation, adjudicates 9 the child, and then commits the child to the DJJ, relying on section 985.439, Florida Statutes (2020), which is titled “Violation of probation or postcommitment probation.” Section 985.439(4) provides that following a hearing, if the trial court finds that a child has violated the conditions of probation or postcommitment probation, the trial court “shall enter an order revoking, modifying, or continuing probation...

...to prepare a predisposition report); P.Y. v. State, 976 So. 2d 1168 (Fla. 1st DCA 2008) (noting that the case involved a situation where trial court disregarded the DJJ’s recommendation in a predisposition report to restore P.Y. to probation after he violated probation). Although section 985.439(4) only states that a “new disposition order” is required after a probation violation, but does not mention a new predisposition report, section 985.439(4) should not be read in isolation, but in pari materia with sections 985.43 and 985.433, which sets forth the procedures for the entry of a disposition order....