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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 985.441985.441 Commitment.—(1) The court that has jurisdiction of an adjudicated delinquent child may, by an order stating the facts upon which a determination 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; however, the court may not commit the child to a jail or to a facility used primarily as a detention center or facility or shelter. (b) Commit the child to the department at a restrictiveness level defined in s. 985.03. Such commitment must be for the purpose of exercising active control over the child, including, but not limited to, custody, care, training, monitoring for substance abuse, electronic monitoring, and treatment of the child and release of the child from residential commitment into the community in a postcommitment nonresidential conditional release program. If the child is not successful in the conditional release program, the department may use the transfer procedure under subsection (4). (c) Commit the child to the department for placement in a program or facility for juvenile sexual offenders in accordance with s. 985.48, subject to specific appropriation for such a program or facility.1. The child may only be committed for such placement pursuant to determination that the child is a juvenile sexual offender under the criteria specified in s. 985.475. 2. Any commitment of a juvenile sexual offender to a program or facility for juvenile sexual offenders must be for an indeterminate period of time, but the time may not exceed the maximum term of imprisonment that an adult may serve for the same offense. (2) Notwithstanding subsection (1), the court having jurisdiction over an adjudicated delinquent child whose offense is a misdemeanor, other than a violation of s. 790.22(3), or a child who is currently on probation for a misdemeanor, other than a violation of s. 790.22(3), may not commit the child for any misdemeanor offense or any probation violation that is technical in nature and not a new violation of law. However, the court may commit such child to a moderate-risk residential placement if:(a) The child has previously been adjudicated or had adjudication withheld for a felony offense; (b) The child has previously been adjudicated or had adjudication withheld for three or more misdemeanor offenses within the previous 18 months; (c) The child is before the court for disposition for a violation of s. 800.03, s. 806.031, or s. 828.12; or (d) The court finds by a preponderance of the evidence that the protection of the public requires such placement or that the particular needs of the child would be best served by such placement. Such finding must be in writing. (3) The nonconsent of the child to commitment or treatment in a substance abuse treatment program in no way precludes the court from ordering such commitment or treatment. (4) The department may transfer a child, when necessary to appropriately administer the child’s commitment, from one facility or program to another facility or program operated, contracted, subcontracted, or designated by the department, including a postcommitment nonresidential conditional release program, except that the department may not transfer any child adjudicated solely for a misdemeanor to a residential program except as provided in subsection (2). The department shall notify the court that committed the child to the department and any attorney of record for the child, in writing, of its intent to transfer the child from a commitment facility or program to another facility or program of a higher or lower restrictiveness level. If the child is under the jurisdiction of a dependency court, the department shall also provide notice to the dependency court, the Department of Children and Families, the Statewide Guardian ad Litem Office, and the child’s attorney ad litem, if one is appointed. The court that committed the child may agree to the transfer or may set a hearing to review the transfer. If the court does not respond within 10 days after receipt of the notice, the transfer of the child shall be deemed granted. History.—s. 49, ch. 2006-120; s. 1, ch. 2011-54; s. 92, ch. 2012-5; s. 4, ch. 2012-56; s. 25, ch. 2014-162; s. 3, ch. 2019-10; s. 46, ch. 2024-70; s. 16, ch. 2024-130; s. 16, ch. 2024-133.
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Annotations, Discussions, Cases:
Cases Citing Statute 985.441
Total Results: 22
91 So. 3d 262, 2012 Fla. App. LEXIS 10606, 2012 WL 2545188
District Court of Appeal of Florida | Filed: Jul 3, 2012 | Docket: 60309872
Cited 3 times | Published
failing to make the written finding required by section 985.441(2)(d), Florida Statutes, and that such finding
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
offender disposition hearing under s. 985.441.”
Section 985.441, Florida Statutes (2010), provides in pertinent
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
juvenile offender committed a delinquent act; section 985.441 governs commitment. The disposition statute
157 So. 3d 541, 2015 Fla. App. LEXIS 2455, 2015 WL 735697
District Court of Appeal of Florida | Filed: Feb 23, 2015 | Docket: 60246103
Cited 1 times | Published
without making the required written findings. See § 985.441(2)(d), Fla. Stat. (2012) (authorizing the trial
135 So. 3d 583, 2014 WL 1415214, 2014 Fla. App. LEXIS 5457
District Court of Appeal of Florida | Filed: Apr 14, 2014 | Docket: 60239712
Cited 1 times | Published
residential restrictiveness level as required by section 985.441(2)(d), Florida Statutes. We affirm the first
District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858364
Published
violations were technical in
nature.
Section 985.441(2) provides:
Notwithstanding subsection
District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241598
Published
findings required by section 985.441(2)(d), Florida Statutes (2019).
Section 985.441(2)(d) provides:
Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640
Published
Predisposition reports; other evaluations.
§ 985.441, Fla. Stat. Commitment.
§ 985.455, Fla
274 So. 3d 1236
District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 64718967
Published
failed to make the written findings mandated by section 985.441(2)(d), Florida Statutes (2018). The State correctly
274 So. 3d 1236
District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 64718966
Published
failed to make the written findings mandated by section 985.441(2)(d), Florida Statutes (2018). The State correctly
District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975830
Published
resisting an officer with violence. Pursuant to section
985.441(1)(b) of the Florida Statutes, the trial court
255 So. 3d 510
District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 64689255
Published
resisting an officer with violence. Pursuant to section 985.441(1)(b) of the Florida Statutes, the trial court
241 So. 3d 199
District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354240
Published
failing to make the written
findings mandated by section 985.441(2)(d), Florida Statutes (2016). The
State agrees
District Court of Appeal of Florida | Filed: May 30, 2017 | Docket: 6067417
Published
presented a conditional
recommendation based upon section 985.441(2), Florida Statutes, that I.D. be
committed
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
presented a conditional' recommendation based upon section 985.441(2), Florida Statutes, that I.D. be committed
218 So. 3d 890, 2017 Fla. App. LEXIS 60
District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60266278
Published
the argument that the commitment options in section 985.441(1)—a similar statutory provision containing
204 So. 3d 990, 2016 Fla. App. LEXIS 18308
District Court of Appeal of Florida | Filed: Dec 12, 2016 | Docket: 4551408
Published
without making the required written findings. See § 985.441(2)(d), Fla. Stat. (2014) (authorizing the trial
163 So. 3d 671, 2015 Fla. App. LEXIS 6292, 2015 WL 1928619
District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 60247728
Published
*672technical violations of probation, under section 985.441(2), Florida Statutes (2014), appellant could
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
failing to make written findings as required by section 985.441(2)(d), Florida Statutes. Because the Department
114 So. 3d 496, 2013 WL 2462120, 2013 Fla. App. LEXIS 9233
District Court of Appeal of Florida | Filed: Jun 10, 2013 | Docket: 60231952
Published
allowed by statute is an illegal sentence.”). Section 985.441(l)(b), Florida Statutes (2012), empowers a
75 So. 3d 216, 36 Fla. L. Weekly Supp. 601, 2011 Fla. LEXIS 2616, 2011 WL 4975440
Supreme Court of Florida | Filed: Oct 20, 2011 | Docket: 60303665
Published
See ch.2011-54, § 1, Laws of Fla. (amending § 985.441, Fla. Stat.); eh.2011-70, § 4, Laws of Fla. (amending
18 So. 3d 672, 2009 Fla. App. LEXIS 13764, 2009 WL 2959667
District Court of Appeal of Florida | Filed: Sep 17, 2009 | Docket: 60252155
Published
to determine the most appropriate placement. § 985.441(l)(b). As a result, the length of stay in either
