Florida Juvenile Procedure Rule 8.947 - DISPOSITION ORDER — DELINQUENCY | Syfert Law

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Florida Juvenile Procedure Rule 8.947

FORM 8.947. DISPOSITION ORDER — DELINQUENCY
DISPOSITION ORDER

A petition was filed on .....(date)....., alleging .....(name)....., ….. age, to be
a delinquent child. The court finds that it has jurisdiction of the proceedings.

Present before the court were:

.....the child;

..... .....(name)....., Assistant State Attorney;

..... .....(name)....., Assistant Public Defender/defense attorney;

..... .....(name)....., guardian;

..... .....(name)....., DJJ juvenile probation officer.
At the hearing on .....(date)....., after ….. entry of a plea/an adjudicatory
hearing…..the child was found to have committed the delinquent acts listed
below:

Count Count Count Count
Charge .......... .......... .......... ..........
Lesser .......... .......... .......... ..........
Maximum .......... .......... .......... ..........
Degree .......... .......... .......... ..........
Guilty .......... .......... .......... ..........
Nolo contendere .......... .......... .......... ..........
Nolo prose .......... .......... .......... ..........
Adjudicated .......... .......... .......... ..........
Adj. withheld .......... .......... .......... ..........

The predisposition report was ..... received and considered/waived by the
child .....

The court, having considered the evidence and comments offered by
those present, having inquired, and being otherwise fully advised in the
premises ORDERS THAT:

..... Adjudication of delinquency is withheld.

..... The child is adjudicated delinquent……

..... The child is committed to a licensed child caring agency

..... The child is committed to the Department of Juvenile Justice for
placement in:

..... a moderate risk residential commitment program, for an
indeterminate period, but no longer than the child’s 21st birthday
or the maximum term of imprisonment an adult may serve for each
count listed above, whichever comes first, because

..... the child is before the court for a violation of section
790.22(3), Florida Statutes;

..... the child is before the court for the disposition of a felony;

..... the child has previously been adjudicated or had
adjudication withheld for a felony offense;
..... the child previously has been adjudicated or had
adjudication withheld for three or more misdemeanor
offenses within the previous 18 months;

..... the child is before the court for disposition for a violation of
sections 800.03, 806.031, or 828.12, Florida Statutes; or

..... 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. The facts supporting this finding are: ...........

..... a high-risk commitment program, for an indeterminate period, but
no longer than the child’s 21st birthday or the maximum term of
imprisonment an adult may serve for each count listed above,
whichever comes first.

..... a maximum-risk commitment program, for an indeterminate
period, but no longer than the child’s 21st birthday or the
maximum term of imprisonment an adult may serve for each count
listed above, whichever comes first, because the child meets the
criteria in section 985.465 or 985.494, Florida Statutes.

..... The child is allowed .......... days credit for time spent in secure detention
or incarceration before this date.

..... The child must be placed in secure detention until residential placement.

..... The court has orally pronounced its reasons for adjudicating and
committing this child.

..... The court retains jurisdiction to accept or reject the discharge of this
child from commitment, as provided by law.

..... The court orders that, following commitment, the child is to be:

..... directly discharged on release from commitment.

..... transitioned from a residential commitment program to a
conditional release program. Any period of conditional release may
not exceed the child’s 21st birthday or the maximum term of
imprisonment an adult could receive for each count listed above,
whichever comes first.
..... CONDITIONS OF CONDITIONAL RELEASE: On release from the
commitment program the child must abide by the following conditions
under section 985.46(5), Florida Statutes:

The Child must participate in an educational program if of a compulsory
school-attendance age under sections 1003.21(1) and (2)(a), Florida Statutes. If
the child is of a noncompulsory school-attendance age and has not received a
high school diploma or its equivalent, then the Child must participate in an
educational program or career and technical education course of study. If the
Child has received a high school diploma or its equivalent and is not employed,
then the Child must participate in workforce development or other career or
technical education or attend a community college or a university while in the
program.

1. The Child must have a curfew of ……

2. The Child is to have no contact with .....victims/co-
defendants/known gang members......

3. The Child must not use controlled substances.

4. The Child must not possess any firearms.

Other conditions:

…… The child was committed for an offense or attempted offense involving a
firearm and under section 985.433(7)(d), Florida Statutes, the child must
be placed on conditional release for a period of 1 year following release
from a commitment program. Conditional release must include electronic
monitoring of the child by the department for the initial 6 months
following release and at times and under terms and conditions set by the
department.

..... JUVENILE PROBATION: The child is ..... placed continued on..... juvenile
probation under supervision of .....the Department of Juvenile
Justice/.....(name)..... and

..... the court having withheld adjudication of delinquency, for an
indefinite period not to exceed the child’s 19th birthday.

..... the court having adjudicated the child delinquent, for an indefinite
period not to exceed the child’s 19th birthday or the maximum
term of imprisonment an adult could receive for each count listed
above, except for a second degree misdemeanor, six months,
whichever comes first.
..... as part of a sex offender treatment program, for an indefinite
period not to exceed the child’s 21st birthday or the maximum
term of imprisonment an adult could receive for each count listed
above.

..... Disposition on each count is .....concurrent/consecutive ......

..... This case disposition is ..... concurrent with/consecutive to.....case
number ...........

GENERAL CONDITIONS OF JUVENILE PROBATION. The child must abide by
all of the following conditions:

1. The child must obey all laws.

2. The child must be employed full-time or attend school with no
unexcused absences, suspensions, or disciplinary referrals.

3. The child must not change or leave .....his/her.... residence,
school, or place of employment without the consent of .....his/her..... parents
and juvenile probation officer.

4. The child must answer truthfully all questions of .....his/her.....
juvenile probation officer and carry out all instructions of the court and
juvenile probation officer.

5. The child must keep in contact with the juvenile probation officer
in the manner prescribed by the juvenile probation officer.

6. The child must not use or possess alcoholic beverages or controlled
substances.

SPECIAL CONDITIONS OF JUVENILE PROBATION. The child must abide by all
of the conditions marked below:

..... Restitution is ordered.

..... Parent(s) is/are responsible,

..... Child is responsible,

..... jointly and severally with ...........
..... The court reserves jurisdiction to determine the amount of restitution to
be paid.

..... $.......... to be paid to ..... (name) ….. Payments must begin .....(date).....
and continue at the rate of $ .......... each month.

..... Community Service. ..... hours are to be performed by the child at the
rate of ..... hours per month. Written proof is to be provided to the
juvenile probation officer.

..... A letter of apology to be written by the child to .....(name)….. within …..
days. The letter must be a minimum of ..... words.

..... A …… word essay to be written by the child on ..... (subject)…..and
provided to the juvenile probation officer within 30 days.

..... The child must have no ………. contact with victim(s), ..... (name(s)) ......

..... A ..... mental health/substance abuse .....evaluation to be completed by
the child within ….. days. The child will attend and participate in every
scheduled appointment and successfully attend and complete any and
all recommended evaluations and treatment.

..... A curfew is set for the child from .......... p.m. to .......... a.m. Sunday
through Thursday and from .......... p.m. to .......... a.m. Friday and
Saturday.

..... The child must submit to random urinalysis as instructed by the
Department of Juvenile Justice.

..... The child must submit to electronic monitoring by the Department of
Juvenile Justice.

..... The child must successfully complete all special conditions of juvenile
probation ordered in this case on .....(date)......

..... Other: ...........

..... The child must pay court costs of $ .........., as specified below.

The child is placed on notice that the court may modify the conditions of
.....his/her..... juvenile probation at any time and may revoke the juvenile
probation if the court finds there is a violation of the conditions imposed.

DRIVER LICENSE
..... The child’s driver license .....is suspended/is revoked/is
withheld/limitation is extended.....:

..... for .....(months/years)......

..... for a delinquent act involving the use or possession of a firearm,
under section 790.22, Florida Statute.

..... First offense, .....(up to one year)......

..... Second or subsequent offense, .....(up to two years)......

..... for a delinquent act involving the use or possession of a firearm
other than a violation of section 790.22, Florida Statutes, …..(up to
one year)…...

..... for a delinquent act under Chapter 893, Florida Statutes, ..... (up
to six months)......

FIREARM CHARGES

..... Having found the child committed a violation of section 790.22(3),
Florida Statutes, the child is ordered to serve:

..... for a first violation,

.......... days (up to 5), in the Juvenile Detention Center with credit
for .......... days served before disposition and

100 hours of community service or paid work as determined by the
Department.

or

..... for a second or subsequent violation,

.......... days (0 to 21), in the Juvenile Detention Center with credit
for .......... days served before disposition and

.......... hours (not less than 100 nor more than 250) of community
service or paid work as determined by the Department.

..... The court finds that the delinquent act in count .......... involves the use
or possession of a firearm other than a violation of section 790.22(3),
Florida Statutes, and the child is not committed by this order to a
residential commitment program of the Department of Juvenile Justice.
Therefore, under section 985.433(8), Florida Statutes, the child is
ordered to serve:

30 days in secure detention with .......... days credit for time served
before disposition,

100 hours of community service or paid work as determined by the
Department of Juvenile Justice, and

Juvenile Probation under the supervision of the Department of
Juvenile Justice for .......... (a minimum of 1 year).

FINES, FEES, AND COSTS:

..... The child must:

..... pay, notwithstanding the child’s present ability to pay, under
sections 938.27 and 985.032, Florida Statutes,

..... $50.00, per case (in disposition of every misdemeanor case),
the costs of prosecution,

..... $100.00, per case (in disposition of every felony case), the
costs of prosecution, or

..... $.......... to .....(agency)....., which, having claimed costs of
prosecution or investigation, as provided by law, has shown
to a preponderance its entitlement to such costs of
prosecution or investigation;

..... pay $.........., the Crimes Compensation Trust Fund fee, under
section 938.03, Florida Statutes;

..... pay $.........., the Teen Court cost and service charge, under section
938.19, Florida Statutes (if authorized by county ordinance);

..... pay $ .........., the Public Defender application fee, under section
27.52, Florida Statutes;

..... pay, notwithstanding the child’s present ability to pay, the Legal
Assistance Lien for payment of attorneys’ fees or costs, under
section 938.29, Florida Statutes,
..... $50.00, per case (in disposition of every misdemeanor case),

..... $100.00, per case (in disposition of every felony case), or

..... $.........., the court having found sufficient proof of higher
fees and costs incurred to .....(agency).....;

..... pay $.........., other costs, under section(s) .........., Florida Statutes.

..... The child has been adjudicated delinquent and the child must pay
$.........., an additional cost, under section 939.185, Florida Statutes, if
authorized by county ordinance.

..... The child has been adjudicated delinquent and assessed a fine and the
child must pay $.......... to the Crime Prevention Trust Fund, under
section 775.083(2), Florida Statutes.

..... The child has committed an enumerated crime against a minor and the
child must pay $ .........., under section 938.10, Florida Statutes.

..... The child has violated chapter 794, Florida Statutes (sexual battery), or
chapter 800, Florida Statutes, (lewdness; indecent exposure), and is
ordered to make restitution to the Crimes Compensation Trust Fund
under section 960.28(5), Florida Statutes, for the cost of the forensic
physical examination.

..... The child is unable to pay all court costs, and must perform ..........
hours of community service in place of these costs and fees.

SPECIMENS FROM THE CHILD

..... The child has entered a plea of guilty or nolo contendere to, or has been
found by this court to have committed, a delinquent act which is a felony
or an enumerated misdemeanor, and the child must submit specimens
under section 943.325, Florida Statutes.

ORDERS TO PARENTS/GUARDIANS

..... The parent(s) .....is/are.....

..... to complete.....counseling/parenting classes/community
service/restitution.....

..... participate with the child in .....court-imposed sanction/community
work project.....
..... Under section 985.039, Florida Statutes:

..... the parent/legal guardian, .....(name)....., must pay to the
Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, $5 per day for each day the child is
placed in secure detention or placed on committed status and the
temporary legal custody of the child is placed with the department.

..... the parent/legal guardian, .....(name).....,, must pay to the
Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, $1 per day for each day the child is
placed into non-secure detention, on probation, or other
supervision status with the department, or is committed to the
minimum risk nonresidential restrictiveness level commitment.

..... the parent/legal guardian, .....(name)....., must pay to the
Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, a REDUCED fee of $..... per day for
each day the child is in the custody of or supervised by the
department. This reduced fee is based on the court’s finding:

..... that the parent/legal guardian was the victim of the
delinquent act or violation of law for which the child is
currently before the court and is cooperating in the
investigation of the offense.

..... of indigency or significant financial hardship. The facts
supporting this finding are: ...........

..... The cost of care/supervision fee is WAIVED based on the court’s
finding:

..... that the parent/legal guardian was the victim of the
delinquent act or violation of law for which the child is
currently before the court and is cooperating in the
investigation of the offense.

..... of indigency or significant financial hardship. The facts
supporting this finding are: ...........

..... The parent/guardian, .....(name)....., .....(address)....., is liable for
..........% of the payment. The parent/guardian, .....(name).....,
.....(address)....., is liable for ..........% of the payment.
The parties are advised that an appeal is allowed within 30 days of the
date of this order.

DONE AND ORDERED in ..... (city) ....., .......... County, Florida on
.....(date) ....., at .......... a.m./p.m.

Circuit Judge

Copies to:
Link to Florida Bar Official Rule 8.947

Cases Citing Rule 8.947

Total Results: 5

JIS v. State

930 So. 2d 587, 2006 WL 1278439

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 1468934

Cited 5 times | Published

case did not use the form commitment order in rule 8.947, instead adjudicating J.I.S. delinquent and imposing

Category: Juvenile Procedure

DPB v. State

877 So. 2d 770, 2004 WL 1393381

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1285384

Cited 1 times | Published

pertaining to adult probation. Condition 1 of rule 8.947, which specifically addresses the juvenile probationer's

Category: Juvenile Procedure

J.I.S. v. State

930 So. 2d 587, 31 Fla. L. Weekly Supp. 277, 2006 Fla. LEXIS 805

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 64845179

Published

case did not use the form commitment order in rule 8.947, instead adjudicating J.I.S. delinquent and imposing

Category: Juvenile Procedure

V.C. v. State

901 So. 2d 302, 2005 Fla. App. LEXIS 6106, 2005 WL 991611

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 64838015

Published

the trial court utilizes the form provided in rule 8.947, each case requires a separate disposition order

Category: Juvenile Procedure

D.P.B. v. State

877 So. 2d 770, 2004 Fla. App. LEXIS 8741

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 64831834

Published

pertaining to adult probation. Condition 1 of rule 8.947, which specifically addresses the juvenile probationer’s

Category: Juvenile Procedure