The 2023 Florida Statutes (including Special Session C)
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. . . asserts that the trial court erred when it failed to make the written findings mandated by section 985.441 . . . protection of the public or the particular needs of the child would best be served by such a placement. § 985.441 . . .
. . . Pursuant to section 985.441(1)(b) of the Florida Statutes, the trial court committed U.T. to DJJ at a . . . ungovernable behavior, at no time did DJJ hold an administrative transfer hearing pursuant to section 985.441 . . . Introduction On appeal, U.T. asserts that, because U.T. had been "committed" to DJJ pursuant to section 985.441 . . . s only disciplinary remedy was for DJJ to conduct a transfer hearing pursuant to section 985.441(4). . . . s commitment was authorized by section 985.441(1)(b) of the Florida Statutes (2016). . . .
. . . The juvenile argues the trial court erred in failing to make the written findings mandated by section 985.441 . . . Section 985.441(2) provides: [T]he court having jurisdiction over an adjudicated delinquent child whose . . . We reverse on this issue and remand the case to the trial court to comply with section § 985.441. . . .
. . . The Department’s amended report presented a conditional' recommendation based upon section 985.441(2) . . . requires such placement or that the needs of the child would be best served by such placement.’ ” § 985.441 . . . The Department’s PDR in this case made a recommendation straight from the statute, § 985.441(2); Tracking . . . See § 985.441(2)(d), Fla. Stat. . . . conditioning its recommendation under this statute, the Department’s recommendation incorporated § 985.441 . . .
. . . Order disposition under ss. 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455 as an alternative . . . Fla. 2d DCA 2015), the Second District considered the argument that the commitment options in section 985.441 . . . other reason than the absence of statutory language suggesting that the options set forth in section 985.441 . . .
. . . counts of misdemeanor, battery and admitted only to technical violations of probation, under section 985.441 . . . Even under the changes made to section 985.441(2) during the 2014 Legislative, session, see Ch.2014-162 . . .
. . . disposition hearing when a court has found that a juvenile offender committed a delinquent act; section 985.441 . . . other reason than the absence of statutory language suggesting that the options set forth in section 985.441 . . . aside from the foregoing, we note that the State’s assertion that the dispositions described in section 985.441 . . . The reason for the court’s uncertainty turned on the fact that, in the version of section 985.441(1) . . . statutory amendment that removed the serious or habitual juvenile offender provisions from section 985.441 . . .
. . . See § 985.441(2)(d), Fla. . . .
. . . to support placement at the moderate-risk residential restrictiveness level as required by section 985.441 . . . confession of error, and we remand for the trial court to make written findings in compliance with section 985.441 . . .
. . . recommendation of probation and that the court erred by failing to make written findings as required by section 985.441 . . . The trial court also erred in failing to enter a written order in compliance with section 985.441(2)( . . .
. . . Section 985.441(l)(b), Florida Statutes (2012), empowers a trial court to commit to the supervision of . . . Such finding must be in writing. § 985.441(2), Fla. Stat. (2012). . . . Pursuant to section 985.441(2), he could be committed, at the most, to a moderate or low-risk facility . . .
. . . K.M.H. argues that the trial court erred by failing to make the written finding required by section 985.441 . . . reversal is required because the trial court failed to make the written finding mandated by section 985.441 . . . The state properly concedes that the trial court did not make the written finding required by section 985.441 . . . Section 985.441, Florida Statutes, was amended in 2011 to restrict the trial court’s authority to commit . . . Such finding must be in writing. § 985.441(2), Fla. Stat. (2011) (emphasis added). . . .
. . . community-based treatment, the court shall proceed with a juvenile sexual offender disposition hearing under s. 985.441 . . . Section 985.441, Florida Statutes (2010), provides in pertinent part: (1) The court that has jurisdiction . . . For example, section 985.441(l)(c), Florida Statutes (2010), applies to a commitment of a juvenile to . . . Section 985.441(l)(c)l expressly requires a "delinquency disposition hearing under s. 985.433 that results . . . By comparison, section 985.441(d), which gov-eras a commitment to the DJJ for placement in a program . . .
. . . The proposals are in response to recent amendments to sections 39.01114(4), 985.47, and 985.441, Florida . . . (amending § 985.441, Fla. Stat.); eh.2011-70, § 4, Laws of Fla. (amending § 985.47, Fla. . . . The amendments to sections 985.47 and 985.441 became effective July 1, 2011. . . .