CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 WL 3783340
...*1210 Our plain-language interpretation of the definition of "sexual offender" as excluding juveniles for whom adjudication is withheld is, therefore, consistent with the Legislature's intent to include only those juveniles who pose a high risk of reoffending in the category of children labeled as "sexual offenders." See § 985.475(2)....
...ation is imposed or withheld"). Based on these provisions, it is clear that the Legislature knows how to state explicitly when it intends for a withhold of adjudication of delinquency to be treated equivalently with an adjudication. Most notably, in section 985.475, the Legislature provided for a treatment plan for "juvenile sexual offenders," which encompass a broader set of offenders....
...847.0133; (b) A juvenile found to have committed any felony violation of law or delinquent act involving juvenile sexual abuse. "Juvenile sexual abuse" means any sexual behavior that occurs without consent, without equality, or as a result of coercion.... § 985.475(1)....
...Unlike section
943.0435(1)(a)1.d., this provision does not require an adjudication of delinquency for a juvenile to be considered a "juvenile sexual offender," as opposed to a "sexual offender." The only requirement is for the juvenile to be "found to have committed" certain acts. See §
985.475(1)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 2368979, 2012 Fla. App. LEXIS 10147
...Both the assistant state attorney and the trial court expressed concern that the behavior in this case was not typical inappropriate sexual behavior among children because J.B.S. planned this encounter with the victim and it was not a spontaneous, spur of the moment transgression. The trial court recognized that section 985.475, Florida Statutes (2010), governing juvenile sexual offenders, would apply....
...nd 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. Therefore, my view is that even without looking to the sexual offender’s disposition statute [section 985.475], the decision to commit or not to commit is particularly that of the court and not a recommendation of the Department, which the court can only depart from by going to the rather extraordinary lengths that E.A.R....
...talks about and which E.A.R. interprets ... only makes sense to discuss ... in the context of a recommendation to a restrictiveness level. It doesn’t make sense to discuss it in the *964 context of a decision to commit, or not commit. After reviewing the provisions of section 985.475, including the requirement that the Department submit a detailed plan pursuant to section 985.475(2)(c), the court expressed doubt “that the section [985J433 criteria [addressed in] E.A.R....
...[apply].” Nonetheless, the court felt that “section [985.]433 does apply in that I’m still required to get a restrictiveness level recommendation from the Department.” The court advised defense counsel that J.B.S. was not precluded from coming to the next hearing with a plan as described in section 985.475 and arguing for probation rather than commitment....
...ed, and that’s not what happened here. At the conclusion of the hearing, the court rejected J.B.S.’s request for probation, adjudicated him delinquent, and ordered that he be placed in a moderate risk commitment facility. The Applicable Statutes Section 985.475(2), governing the adjudication of juvenile sexual offenders, provides in pertinent part: (2) Following a delinquency adjudicatory hearing under s....
...t needs of the juvenile sexual offender. This statute authorizes the court to order the DJJ “to conduct or arrange an examination to determine whether the juvenile sexual offender is amenable to community-based treatment.” Id. Subsection 2(a) of section 985.475 sets forth the matters the DJJ must include in the report of the examination. This statute requires that this report must “assess the juvenile sexual offender’s amenability to treatment and relative risk to the victim and the community.” § 985.475(2)(b). Under subsection 2(d) of section 985.475, after the court receives the DJJ report on the proposed plan of treatment, the court must “consider whether the community and the offender will benefit from use of *965 juvenile sexual offender community-based treatment alternative...
....A.R. required the trial court to “engage in a well-reasoned and complete analysis of the PDR and the type of facility to which the trial court intends to send the child.” Id. at 328 . On reviewing the statutory framework of sections
985.433 and
985.475, we are not certain that section
985.433(7)(b) applies to proceedings under section
985.475. 1 We *968 do not have to decide whether section
985.43S(7)(b) applies to a proceeding under section
985.475, however, because the trial court here did not deviate from the restrictiveness level recommended by DJJ....
...ty for juvenile sexual offenders, makes no reference to a delinquency disposition hearing under section
985.433. Presumably, had the legislature intended to require a trial court to comply with section
985.433(7)(b) in a disposition proceeding under section
985.475, it would have so provided.
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14532
...s excluding juveniles for whom adjudication is withheld is, therefore, consistent with the Legislature’s intent to include only those juveniles who pose a high risk of reoffend-ing in the category of children labeled as “sexual offenders.” See § 985.475(2)....
...ion is imposed or withheld”). Based on these provisions, it is clear that the Legislature knows how to state explicitly when it intends for a withhold of adjudication of delinquency to be treated equivalently with an adjudication. Most notably, in section 985.475, the Legislature provided for a treatment plan for “juvenile sexual offenders,” which encompass a broader set of offenders....
...847.0133; (b) A juvenile found to have committed any felony violation of law or delinquent act involving juvenile sexual abuse. “Juvenile sexual abuse” means any sexual behavior that occurs without consent, without equality, or as a result of coercion. ... § 985.475(1)....
...Unlike section
943.0435(l)(a)l.d., this provision does not require an adjudication of delinquency for a juvenile to be considered a “juvenile sexual offender,” as opposed to a “sexual offender.” The only requirement is for the juvenile to be “found to have committed” certain acts. See §
985.475(1)....
CopyPublished | Florida 4th District Court of Appeal
...turned 19 years old. However, K.D. acknowledged that, under
subsection (5)(c), the court could retain jurisdiction over him in the 2015
case (the lewd conduct case) because he was a sexual offender who needed
to complete a program.
The State argued section 985.475, Florida Statues (2019), defined a
juvenile sex offender as a juvenile found guilty of violating chapter 800,
like K.D....
...ing
the child to complete the commitment program, including
conditional release supervision.
3
(c) The court shall retain jurisdiction over a juvenile sexual
offender, as defined in s. 985.475, who has been placed on
community-based treatment alternative with supervision or
who has been placed in a program or facility for juvenile
sexual offenders, pursuant to s....
