Florida Statute 39.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.011

39.011 Immunity from liability.—

(1) In no case shall employees or agents of the department or a social service agency acting in good faith be liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to provide such services occurs as a result of bad faith or malicious purpose or occurs in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(2) The inability or failure of the department or of a social service agency or the employees or agents of the social service agency to provide the services agreed to under the case plan shall not render the state or the social service agency liable for damages unless such failure to provide services occurs in a manner exhibiting wanton or willful disregard of human rights, safety, or property.

(3) A member or agent of a citizen review panel acting in good faith is not liable for damages as a result of any review or recommendation with regard to a dependency matter unless such member or agent exhibits wanton and willful disregard of human rights or safety, or property.

History.—s. 9, ch. 87-289; s. 13, ch. 90-306; s. 7, ch. 97-95; s. 21, ch. 98-403; s. 5, ch. 99-193.

Note.—Former s. 39.455.

F.S. 39.011 on Google Scholar

F.S. 39.011 on CourtListener

Amendments to 39.011

Annotations, Discussions, Cases:

Cases Citing Statute 39.011

Total Results: 157

In Re RJC

300 So. 2d 54

District Court of Appeal of Florida | Filed: Apr 9, 1974 | Docket: 1729346

Cited 117 times | Published

attention of the courts. First, we note that the new § 39.11(2)(d) provides that when a child is adjudicated

Dykes v. Hosemann

776 F.2d 942, 54 U.S.L.W. 2297

Court of Appeals for the Eleventh Circuit | Filed: Nov 18, 1985 | Docket: 66211801

Cited 106 times | Published

order’s entry appeared to contest it), see Fla.Stat. § 39.-11(3) (1977), or reversal on appeal, see Fla. Stat

In re the Interest of R. J. C.

300 So. 2d 54, 1974 Fla. App. LEXIS 8660

District Court of Appeal of Florida | Filed: Apr 9, 1974 | Docket: 64541114

Cited 104 times | Published

attention of the courts. First, we note that the new § 39.11(2) (d) provides that when a child is adjudicated

MG v. State

556 So. 2d 820, 1990 WL 12008

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 1447488

Cited 103 times | Published

court had ordered a commitment in the same case. § 39.11(1)(a)1, Fla. Stat. (1987); H.B.E., III v. State

Gammon v. Cobb

335 So. 2d 261

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 1711258

Cited 59 times | Published

initially enacted in 1955, now appearing as sub-section 39.11(2)(e), Florida Statutes, when any child is adjudicated

In Re Interest of Camm

294 So. 2d 318, 1974 Fla. LEXIS 3949

Supreme Court of Florida | Filed: May 1, 1974 | Docket: 1736420

Cited 30 times | Published

impliedly passed upon the constitutionality of Section 39.11(2) (a) (4), Florida Statutes, F.S.A.,[1] giving

Potvin v. Keller

313 So. 2d 703

Supreme Court of Florida | Filed: Apr 30, 1975 | Docket: 201639

Cited 26 times | Published

with respect to dependency proceedings under section 39.11(2) (a), Fla. Stat., as we now hold and as previously

JSH v. State

472 So. 2d 737, 10 Fla. L. Weekly 356

Supreme Court of Florida | Filed: Jul 3, 1985 | Docket: 1793982

Cited 25 times | Published

juvenile pay restitution to the victim under section 39.11(1)(g), Florida Statutes (1983). We agree and

Schuette v. State

822 So. 2d 1275, 2002 WL 1338512

Supreme Court of Florida | Filed: Jun 20, 2002 | Docket: 1698646

Cited 20 times | Published

1993). [4] In J.S.H. this Court interpreted section 39.11(1)(g), Florida Statutes (1983), repealed by

JOS v. State

689 So. 2d 1061, 1997 WL 109215

Supreme Court of Florida | Filed: Mar 13, 1997 | Docket: 1477238

Cited 16 times | Published

juvenile proceedings. We construed the language in section 39.11(1)(g) to mean that the offense charged did not

Solomon v. McLucas

382 So. 2d 339

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 1255011

Cited 16 times | Published

The grounds for such a commitment as stated in § 39.11(1)(b), Fla. Stat. (1977) were changed by the legislature

TR v. State

677 So. 2d 270, 1996 WL 350171

Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 1689994

Cited 15 times | Published

looked to section 39.11, Florida Statutes (1979). The district court noted that under section 39.11(1)(c)

GEG v. State

417 So. 2d 975

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 1383986

Cited 13 times | Published

order. The trial judge obviously was aware that section 39.11(3), Florida Statutes (Supp. 1978), did not become

Richardson v. State Ex Rel. Milton

219 So. 2d 77

District Court of Appeal of Florida | Filed: Feb 18, 1969 | Docket: 61480

Cited 12 times | Published

incarceration until age twenty-one. Fla. Stat. § 39.11(3) F.S.A. In Gault, the United States Supreme Court

Noeling v. State

87 So. 2d 593

Supreme Court of Florida | Filed: May 18, 1956 | Docket: 1761457

Cited 12 times | Published

petition should not be granted" as required by Section 39.11(4) (a), Florida Statutes, F.S.A. The petitioners

DEPT. OF HEALTH & REHAB. SERVICES v. State

616 So. 2d 91, 1993 WL 74946

District Court of Appeal of Florida | Filed: Mar 19, 1993 | Docket: 1726589

Cited 11 times | Published

concur. NOTES [1] Section 39.054 (formerly section 39.11) sets forth the various dispositional options

RMP v. Jones

419 So. 2d 618

Supreme Court of Florida | Filed: Apr 29, 1982 | Docket: 1583739

Cited 11 times | Published

even though the almost identical language in section 39.11(1), Florida Statutes (Supp. 1980),[2] authorizes

Division of Family Services v. State

319 So. 2d 72, 1975 Fla. App. LEXIS 15262

District Court of Appeal of Florida | Filed: Aug 26, 1975 | Docket: 444008

Cited 11 times | Published

its statutory claim to exclusive authority on F.S. 39.11(2)(c), which incorporates F.S. 39.01(9), already

EJ v. State

595 So. 2d 282, 1992 WL 51255

District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 1299604

Cited 10 times | Published

sanction for the offense. Prior to the repeal of Section 39.11, Florida Statutes, by Chapter 90-208, Laws of

Fruh v. STATE, DEPT. OF HEALTH & REHAB. SERVICES

430 So. 2d 581

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 445794

Cited 9 times | Published

changes, adding a new subsection to what was then section 39.11. This subsection provides as follows: In carrying

In Interest of DAH

390 So. 2d 379

District Court of Appeal of Florida | Filed: Oct 16, 1980 | Docket: 1750357

Cited 9 times | Published

incorrect standard to the evidence before him. Section 39.11(2)(d), Florida Statutes (1977) was the law in

F. & F. v. Duval County

273 So. 2d 15, 65 A.L.R. 3d 1217

District Court of Appeal of Florida | Filed: Jan 18, 1973 | Docket: 1512813

Cited 8 times | Published

A. [3] F.S. § 39.01(12) (a), F.S.A. [4] F.S. § 39.11(1), F.S.A. [5] F.S. § 232.02, F.S.A. [6] 20 Fla

TSJ v. State

439 So. 2d 966

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 1265511

Cited 7 times | Published

421 So.2d 780 (Fla. 2d DCA 1982). Similarly, Section 39.11 must be read in pari materia with Section 39

GH v. State

414 So. 2d 1135

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 1706980

Cited 7 times | Published

charge of leaving the scene of an accident. Section 39.11(1)(g), Florida Statutes (1981), provides that

LJN v. State

411 So. 2d 1349

District Court of Appeal of Florida | Filed: Apr 5, 1982 | Docket: 1696833

Cited 7 times | Published

determinate period of time in violation of Section 39.11(3) Florida Statutes, and that the placement

In Interest of JF

384 So. 2d 713, 1980 Fla. App. LEXIS 16888

District Court of Appeal of Florida | Filed: Jun 3, 1980 | Docket: 1268998

Cited 6 times | Published

that by utilizing the former provisions of Section 39.11(1)(d), Florida Statutes (1977), the circuit

State v. Interest of SMG

313 So. 2d 761

Supreme Court of Florida | Filed: Feb 26, 1975 | Docket: 1511092

Cited 6 times | Published

provision found granting power over a parent is Section 39.11(2)(b), paragraph 4, Florida Statutes, 1971.

Sheiner v. State

82 So. 2d 657

Supreme Court of Florida | Filed: Jul 29, 1955 | Docket: 2520496

Cited 6 times | Published

to such rules and discipline of the Court. Section 39.11 F.S.A. The judiciary is one of the three departments

Mitchell v. State

664 So. 2d 1099, 1995 WL 726534

District Court of Appeal of Florida | Filed: Dec 8, 1995 | Docket: 1656137

Cited 5 times | Published

sentence may be and a written order pursuant to section 39.11 may indeed be subsequently filed." Id. at 1016

Dept. of Health & Rehab. Serv. v. Rwk

556 So. 2d 815, 1990 WL 12002

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 543155

Cited 5 times | Published

program under the supervision of HRS pursuant to section 39.11(1)(a), Florida Statutes.[1] The court has not

CP v. State

543 So. 2d 867, 1989 WL 55298

District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 2584006

Cited 5 times | Published

committed to the custody of HRS for the offense. § 39.11(1)(a)1., Fla. Stat. (Supp. 1986); T.S.W. v. State

Jones v. State

480 So. 2d 163, 10 Fla. L. Weekly 2776

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 1667292

Cited 5 times | Published

not "caused by his offense" as required by section 39.11(1)(g), Florida Statutes (1983). The Second District

BD, a v. State

412 So. 2d 70

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 2589687

Cited 5 times | Published

conflict as the state has requested we do. Under Section 39.11(3), Florida Statutes, the maximum term of commitment

JMJ v. State

389 So. 2d 1208

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 1281885

Cited 5 times | Published

department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly, the delinquent

Banks v. State

520 So. 2d 43, 1987 WL 3185

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 1709195

Cited 4 times | Published

unless he is sooner released by the court. Section 39.11, Florida Statutes (1985). This defendant is

KMC v. State

485 So. 2d 1296, 11 Fla. L. Weekly 392, 1986 Fla. App. LEXIS 8402

District Court of Appeal of Florida | Filed: Apr 3, 1986 | Docket: 1680764

Cited 4 times | Published

03(1)(e) to award restitution, but relied upon section 39.11(1)(g), which provides that in a juvenile delinquency

Roberts v. State

467 So. 2d 439, 10 Fla. L. Weekly 926

District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 1275555

Cited 4 times | Published

view, the words "caused by his offense" in section 39.11(1)(g) do not mean that the offense charged must

JSH v. State

455 So. 2d 1143

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 1316948

Cited 4 times | Published

mischief,[1] the court, acting pursuant to section 39.11(1)(g), Florida Statutes (1983), ordered the

Rowe v. Wille

415 So. 2d 79

District Court of Appeal of Florida | Filed: Jun 9, 1982 | Docket: 459222

Cited 4 times | Published

probation as proof of his contemptuous intent. Section 39.11(1)(a)(2), Florida Statutes (1979), states: Should

In Interest of Jp

405 So. 2d 497, 1981 Fla. App. LEXIS 21548

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 1703699

Cited 4 times | Published

maximum penalty provided for the offense charged. Section 39.11(2)(a), Florida Statutes (1977).[1] We do not

In Interest of Hutchins

345 So. 2d 703

Supreme Court of Florida | Filed: Mar 24, 1977 | Docket: 1478172

Cited 4 times | Published

et al., Fla., 340 So.2d 1163 (1976). [2] Section 39.11(2)(c), Florida Statutes. [3] Section 39.09

FB v. State

319 So. 2d 77

District Court of Appeal of Florida | Filed: Aug 26, 1975 | Docket: 1508360

Cited 4 times | Published

its statutory claim to exclusive authority on F.S. 39.11(2)(c), which incorporated F.S. 39.01(9). We there

RH v. State

549 So. 2d 742, 1989 WL 112140

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 2586835

Cited 3 times | Published

child could receive if he or she were an adult. § 39.11(4), Fla. Stat. (1987); C.P. v. State, 543 So.2d

Butler v. State

543 So. 2d 432, 1989 WL 52147

District Court of Appeal of Florida | Filed: May 19, 1989 | Docket: 1729790

Cited 3 times | Published

Department of Health and Rehabilitative Services. See § 39.11, Fla. Stat. (1987). In 1984, apparently after a

JDB v. State

463 So. 2d 486, 10 Fla. L. Weekly 366

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 448961

Cited 3 times | Published

defendant to "indefinite community control." Section 39.11(1)(a) 1, Florida Statutes (1983), provides that

AO v. State

456 So. 2d 1173

Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 1731915

Cited 3 times | Published

department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly, the delinquent

WN v. State

426 So. 2d 1206

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 1683765

Cited 3 times | Published

Fresneda differs from the charge of trespass; but section 39.11(1)(g), Florida Statutes (1981), provides that

GWM v. State

391 So. 2d 738

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 1139056

Cited 3 times | Published

involved here of five years and sixty days. Section 39.11(1)(c), Florida Statutes (1979) provides that

RJK v. State

375 So. 2d 871

District Court of Appeal of Florida | Filed: Oct 11, 1979 | Docket: 2569353

Cited 3 times | Published

commitment pursuant to the requirements of Section 39.11(1)(c), Florida Statutes (Supp. 1978). McCORD

In the Interest of CKG

365 So. 2d 424

District Court of Appeal of Florida | Filed: Dec 13, 1978 | Docket: 1674378

Cited 3 times | Published

Since the end result of proceedings under Section 39.11(d), Florida Statutes (1977), is the permanent

Thompson v. DEPT. OF HEALTH & REHAB. SERV.

353 So. 2d 197

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 2535922

Cited 3 times | Published

court correctly construed the provisions of Section 39.11(6), Florida Statutes (Supp. 1977). This section

In Re Smith

299 So. 2d 127

District Court of Appeal of Florida | Filed: Aug 6, 1974 | Docket: 2481623

Cited 3 times | Published

two of the statutory grounds found in Fla. Stat. § 39.11(2) (d), to-wit: the parents had "substantially

In Re AW

230 So. 2d 200

District Court of Appeal of Florida | Filed: Jan 15, 1970 | Docket: 1691394

Cited 3 times | Published

jurisdiction as to dependent children is limited by Section 39.11, Florida Statutes, F.S.A., which authorizes

GJV v. State

637 So. 2d 78, 1994 WL 195495

District Court of Appeal of Florida | Filed: May 20, 1994 | Docket: 422514

Cited 2 times | Published

DCA 1984) (where version of statute in effect, § 39.11(1)(f), provided restitution sanction as part of

RF v. State

549 So. 2d 1169, 1989 WL 118637

District Court of Appeal of Florida | Filed: Oct 11, 1989 | Docket: 955398

Cited 2 times | Published

instant case, contrary to the requirements of section 39.11(1)(a)1, Florida Statute (1987), there was no

Dupes v. STATE, DEPT. OF HEALTH & REHAB SERV.

536 So. 2d 311, 1988 WL 134409

District Court of Appeal of Florida | Filed: Dec 19, 1988 | Docket: 1759891

Cited 2 times | Published

Florida Administrative Code); and whether section 39.11, Florida Statutes, containing special provisions

WR v. State

462 So. 2d 856, 10 Fla. L. Weekly 235

District Court of Appeal of Florida | Filed: Jan 24, 1985 | Docket: 1509936

Cited 2 times | Published

make restitution. When restitution is ordered, Section 39.11(1)(a)1, Florida Statutes, mandates that "the

WPJ v. State

443 So. 2d 424

District Court of Appeal of Florida | Filed: Jan 4, 1984 | Docket: 2575281

Cited 2 times | Published

has been placed in a community control program. § 39.11, Fla. Stat. (1981); M.V.D. v. State, 414 So.2d

MVD v. State

414 So. 2d 599

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 1373852

Cited 2 times | Published

time and in ordering restitution to be made. Section 39.11(3), Florida Statutes (1981) mandates that "[a]ny

JNW v. State

361 So. 2d 826

District Court of Appeal of Florida | Filed: Aug 17, 1978 | Docket: 2550757

Cited 2 times | Published

appellant by the Division of Youth Services. Section 39.11(2)(f), Florida Statutes (1977). AFFIRMED. ERVIN

In Interest of JN

279 So. 2d 50

District Court of Appeal of Florida | Filed: Jun 8, 1973 | Docket: 1522174

Cited 2 times | Published

court committed the child under the authority of § 39.11(2)(b), F.S. 1971, F.S.A., to the Division of Youth

In Re VD

245 So. 2d 273

District Court of Appeal of Florida | Filed: Jan 27, 1971 | Docket: 1706441

Cited 2 times | Published

available under the former. See F.S. 1969, section 39.11, F.S.A. Because of the important differences

JS v. State

552 So. 2d 327, 1989 WL 139124

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 1379941

Cited 1 times | Published

excess of the maximum allowed by law. We agree. Section 39.11(1)(a)1., Florida Statutes (1987), provides in

ANJ v. State

554 So. 2d 531, 1989 WL 104008

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 1693399

Cited 1 times | Published

discipline a delinquent child is governed by section 39.11, Florida Statutes and thus, absent express statutory

OL v. State

497 So. 2d 971, 11 Fla. L. Weekly 2418

District Court of Appeal of Florida | Filed: Nov 18, 1986 | Docket: 2583072

Cited 1 times | Published

expected to pay or make" is within its discretion. § 39.11(1)(a)1, Fla. Stat. (1985). A trial court may not

TSW v. State

489 So. 2d 1146, 11 Fla. L. Weekly 981

District Court of Appeal of Florida | Filed: Apr 25, 1986 | Docket: 449295

Cited 1 times | Published

than the sentence which could have been imposed. § 39.11(1)(a)1, Fla. Stat. (1985); J.D.B. v. State, 463

G. E. G. v. State

417 So. 2d 975, 1982 Fla. LEXIS 2479

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 64591599

Cited 1 times | Published

order. The trial judge obviously was aware that section 39.-11(3), Florida Statutes (Supp.1978), did not become

Division of Family Services v. SR

328 So. 2d 270

District Court of Appeal of Florida | Filed: Mar 10, 1976 | Docket: 2556445

Cited 1 times | Published

precluded from filing a future petition, because Section 39.11(4), Florida Statutes, provides that an order

In Re SMG

291 So. 2d 43

District Court of Appeal of Florida | Filed: Feb 15, 1974 | Docket: 1350737

Cited 1 times | Published

granting specific power over a parent is F.S. Section 39.11(2)(b), par. 4, F.S.A. 1971. Thereunder where

Hall v. Florida State Department of Public Welfare

226 So. 2d 39, 1969 Fla. App. LEXIS 5222

District Court of Appeal of Florida | Filed: Jul 25, 1969 | Docket: 64511186

Cited 1 times | Published

F.S.1967, F.S.A. . Section 39.11(5) (a), F.S.1967, F.S.A. . Section 39.11(5) (b), F.S.1967, F.S

J.O.S. v. State

689 So. 2d 1061, 22 Fla. L. Weekly Supp. 118, 1997 Fla. LEXIS 308

Supreme Court of Florida | Filed: Mar 13, 1997 | Docket: 64771769

Published

juvenile proceedings. We construed the language in section 39.11(l)(g) to mean that the offense charged did not

T.R. v. State

677 So. 2d 270, 21 Fla. L. Weekly Supp. 268, 1996 Fla. LEXIS 1061

Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 64766294

Published

looked to section 39.11, Florida Statutes (1979). The district court noted that under section 39.11(l)(c)

G.J.V. v. State

637 So. 2d 78, 1994 Fla. App. LEXIS 4788

District Court of Appeal of Florida | Filed: May 20, 1994 | Docket: 64748409

Published

DCA 1984) (where version of statute in effect, § 39.11(1)®, provided restitution sanction as part of community

E.J. v. State

595 So. 2d 282, 1992 Fla. App. LEXIS 2795

District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 64665874

Published

sanction for the offense. Prior to the repeal of Section 39.11, Florida Statutes, by Chapter 90-208, Laws of

E.J. v. State

595 So. 2d 282, 1992 Fla. App. LEXIS 2795

District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 64665874

Published

sanction for the offense. Prior to the repeal of Section 39.11, Florida Statutes, by Chapter 90-208, Laws of

Wolf v. Department of Health & Rehabilitative Services

588 So. 2d 335, 1991 Fla. App. LEXIS 11042, 1991 WL 227661

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 64662727

Published

payment for the support of their child under section 39.-11(2), Florida Statutes,1 section 402.33(2), Florida

Department of Health & Rehabilitative Services v. J.T.H.

586 So. 2d 516, 1991 Fla. App. LEXIS 13961, 1991 WL 200770

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 64661813

Published

empowered to commit the child to HRS pursuant to section 39.11(1); Florida Statutes (1989) and section 39.053(3)

Stanley v. State

582 So. 2d 140, 1991 Fla. App. LEXIS 6176, 1991 WL 117036

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 64660016

Published

assigned to juvenile services and facilities. . Section 39.11 l(7)(d) provides: (d) Any decision to impose

J.S. v. State

588 So. 2d 593, 1991 Fla. App. LEXIS 4116

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 64662773

Published

1988); J.S.H. v. State, 472 So.2d 737 (Fla.1985); § 39.11(l)(f), Fla.Stat. (1987). Affirmed. . § 90.608

In the Interest of M.L. v. State

578 So. 2d 464, 1991 Fla. App. LEXIS 3849, 1991 WL 59998

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658269

Published

other residential program of the department. Section 39.11, Florida Statutes (1989), sets forth the juvenile

Interest of R.D. v. State

564 So. 2d 590, 1990 Fla. App. LEXIS 5491, 1990 WL 107754

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 64651879

Published

period of community control was sixty days. Section 39.11, Florida Statutes (1989) and J.S. v. State,

G.R. v. State

564 So. 2d 207, 1990 Fla. App. LEXIS 4951, 1990 WL 95475

District Court of Appeal of Florida | Filed: Jul 10, 1990 | Docket: 64651636

Published

stand as restitution cannot be ordered under Section 39.11(l)(f), Florida Statutes (1989) where, as here

O.D. v. State

561 So. 2d 1259, 1990 Fla. App. LEXIS 3517, 1990 WL 66206

District Court of Appeal of Florida | Filed: May 18, 1990 | Docket: 64650812

Published

them to pay $2,500 as restitution, pursuant to section 39.11(l)(f), Florida Statutes (1987), for damages

In the Interest of J.W. v. State

559 So. 2d 751, 1990 Fla. App. LEXIS 2966

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 64649661

Published

payment up to the parties and counselors. See § 39.11(l)(a)l., Fla.Stat. (1989); see also O.L. v. State

M.G. v. State

556 So. 2d 820, 1990 Fla. App. LEXIS 860

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 64648082

Published

court had ordered a commitment in the same case. § 39.11(1)(a)1, Fla.Stat. (1987); H.B.E., III v. State

In the Interest of J.S. v. State

552 So. 2d 327, 14 Fla. L. Weekly 2689, 1989 Fla. App. LEXIS 6461

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 64646361

Published

excess of the maximum allowed by law. We agree. Section 39.11(1)(a)1., Florida Statutes (1987), provides in

R.M.S. v. State

552 So. 2d 301, 14 Fla. L. Weekly 2680, 1989 Fla. App. LEXIS 6410, 1989 WL 137749

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 64646344

Published

license pursuant to section 39.11(1)(a), Florida Statutes (1989). See also § 39.11(1)(d), Fla.Stat. (1987);

S.N.D. v. State

551 So. 2d 604, 14 Fla. L. Weekly 2623, 1989 Fla. App. LEXIS 6293, 1989 WL 135398

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64645939

Published

order in the record meeting the requirements of section 39.11(1), Florida Statutes (1987), and imposing the

D.M. v. State

550 So. 2d 149, 14 Fla. L. Weekly 2445, 1989 Fla. App. LEXIS 5828

District Court of Appeal of Florida | Filed: Oct 17, 1989 | Docket: 64645505

Published

included within the restitution ordered under Section 39.11(l)(f), Florida Statutes (1987). (2) Although

DM v. State

550 So. 2d 149, 1989 WL 120854

District Court of Appeal of Florida | Filed: Oct 17, 1989 | Docket: 2579518

Published

included within the restitution ordered under Section 39.11(1)(f), Florida Statutes (1987). (2) Although

R.F. v. State

549 So. 2d 1169, 14 Fla. L. Weekly 2376, 1989 Fla. App. LEXIS 5569

District Court of Appeal of Florida | Filed: Oct 11, 1989 | Docket: 64645403

Published

instant case, contrary to the requirements of section 39.11(l)(a)l, Florida Statute (1987), there was no

R.H. v. State

549 So. 2d 742, 14 Fla. L. Weekly 2293, 1989 Fla. App. LEXIS 5321

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 64645269

Published

child could receive if he or she were an adult. § 39.11(4), Fla.Stat. (1987); C.P. v. State, 543 So.2d

R.H. v. State

549 So. 2d 742, 14 Fla. L. Weekly 2293, 1989 Fla. App. LEXIS 5321

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 64645269

Published

child could receive if he or she were an adult. § 39.11(4), Fla.Stat. (1987); C.P. v. State, 543 So.2d

In the Interest of A.N.J. v. State

554 So. 2d 531, 14 Fla. L. Weekly 2103, 1989 Fla. App. LEXIS 4992

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64647214

Published

discipline a delinquent child is governed by section 39.11, Florida Statutes and thus, absent express statutory

C.P. v. State

543 So. 2d 867, 14 Fla. L. Weekly 1304, 1989 Fla. App. LEXIS 2965

District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 64642725

Published

committed to the custody of HRS for the offense. § 39.11(1)(a)1., Fla.Stat. (Supp.1986); T.S.W. v. State

C.M.M. v. State

545 So. 2d 917, 14 Fla. L. Weekly 1114, 1989 Fla. App. LEXIS 2378, 1989 WL 45406

District Court of Appeal of Florida | Filed: May 5, 1989 | Docket: 64643427

Published

aspect of its commitment of a child to HRS. Section 39.11(1) Florida Statutes (1987), provides in part:

Glee v. State

539 So. 2d 14, 14 Fla. L. Weekly 576, 1989 Fla. App. LEXIS 1030, 1989 WL 16148

District Court of Appeal of Florida | Filed: Mar 1, 1989 | Docket: 64640742

Published

sentencing Glee as an adult without complying with section 39.11, Florida Statutes (Supp.1986). AFFIRMED IN PART

Ago

Florida Attorney General Reports | Filed: May 19, 1988 | Docket: 3257425

Published

program under terms prescribed by the court.3 Section 39.11(4), F.S., in pertinent part, provides:

M.E.I. v. State

525 So. 2d 467, 13 Fla. L. Weekly 1166, 1988 Fla. App. LEXIS 2028, 1988 WL 47260

District Court of Appeal of Florida | Filed: May 13, 1988 | Docket: 64634889

Published

possession of the insurance company. In that regard, section 39.11(l)(f), Florida Statutes (1987), provides only

Russell v. Wanicka

524 So. 2d 1077, 13 Fla. L. Weekly 988, 1988 Fla. App. LEXIS 1667, 1988 WL 36062

District Court of Appeal of Florida | Filed: Apr 22, 1988 | Docket: 64634720

Published

death or imprisonment in a state penitentiary. See § 39.11, Fla.Stat. (1985). Therefore (the argument goes)

Meredith v. Smith

515 So. 2d 1386, 1987 WL 2331

District Court of Appeal of Florida | Filed: Dec 10, 1987 | Docket: 64631163

Published

DOROTHY SMITH, until further order of this Court. Section 39.11 deals with delinquency proceedings, and the

D.G. v. State

516 So. 2d 15, 12 Fla. L. Weekly 2598, 1987 Fla. App. LEXIS 10880, 1987 WL 1346

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64631174

Published

expected to pay the amount of restitution ordered, § 39.11(1), Fla.Stat. (Supp.1986); O.L. v. State, 497 So

In the Interest of K.W.G. v. State

510 So. 2d 1050, 12 Fla. L. Weekly 1788, 1987 Fla. App. LEXIS 9663

District Court of Appeal of Florida | Filed: Jul 24, 1987 | Docket: 64628741

Published

without written permission from this Court”. Section 39.11(3) Florida Statutes (1985) prohibits a court

Department of Health & Rehabilitative Services v. INA Insurance Co.

503 So. 2d 986, 12 Fla. L. Weekly 750, 1987 Fla. App. LEXIS 12051

District Court of Appeal of Florida | Filed: Mar 12, 1987 | Docket: 64625734

Published

restitution on account of a child’s misbehavior is section 39.11(1)(g), Florida Statutes (1985), and that only

O.L. v. State

497 So. 2d 971, 11 Fla. L. Weekly 2418, 1986 Fla. App. LEXIS 10712

District Court of Appeal of Florida | Filed: Nov 18, 1986 | Docket: 64623080

Published

expected to pay or make” is within its discretion. § 39.-11(1)(a)1, Fla.Stat. (1985). A trial court may not

In the Interest of D.W.K.

492 So. 2d 1360, 11 Fla. L. Weekly 1743, 1986 Fla. App. LEXIS 9266

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 64621227

Published

commitments, in pari materia with those of section 39.11, regarding the court’s general powers to permanently

T.S.W. v. State

489 So. 2d 1146, 11 Fla. L. Weekly 981, 1986 Fla. App. LEXIS 7465

District Court of Appeal of Florida | Filed: Apr 25, 1986 | Docket: 64620055

Published

than the sentence which could have been imposed. § 39.11(l)(a)l, Fla.Stat. (1985); J.D.B. v. State, 463

K.M.C. v. State

485 So. 2d 1296, 11 Fla. L. Weekly 392, 1986 Fla. App. LEXIS 6413

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 64618373

Published

03(l)(e) to award restitution, but relied upon section 39.11(l)(g), which provides that in a juvenile delinquency

C.D.S. v. State

475 So. 2d 1017, 1985 Fla. App. LEXIS 16019, 10 Fla. L. Weekly 2215

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 64614339

Published

indeterminate duration of the sentences was not error; section 39.11(3), Florida Statutes (1983), requires that commitments

In the Interest of T.T. v. State

472 So. 2d 556, 10 Fla. L. Weekly 1713, 1985 Fla. App. LEXIS 14937

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 64613048

Published

commitment subsequently imposed was, as required by Section 39.-11(1)(c), Florida Statutes (1983), for an indeterminate

J.S.H. v. State

472 So. 2d 737, 10 Fla. L. Weekly 356, 1985 Fla. LEXIS 3505

Supreme Court of Florida | Filed: Jul 3, 1985 | Docket: 64613116

Published

juvenile pay restitution to the victim under section 39.11(l)(g), Florida Statutes (1983). We agree and

R.L.W. v. State

467 So. 2d 828, 10 Fla. L. Weekly 1071, 1985 Fla. App. LEXIS 13684

District Court of Appeal of Florida | Filed: Apr 26, 1985 | Docket: 64611504

Published

control imposed by the trial court is improper. See § 39.11(3), Fla.Stat. (1983), and L.J.N. v. State, 411

J.D.B. v. State

463 So. 2d 486, 10 Fla. L. Weekly 366, 1985 Fla. App. LEXIS 14106

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 64609885

Published

defendant to “indefinite community control.” Section 39.11(l)(a) 1, Florida Statutes (1983), provides that

W.R. v. State

462 So. 2d 856, 10 Fla. L. Weekly 235, 1985 Fla. App. LEXIS 12119

District Court of Appeal of Florida | Filed: Jan 24, 1985 | Docket: 64609547

Published

make restitution. When restitution is ordered, Section 39.11(l)(a)l, Florida Statutes, mandates that “the

In the Interest of T.D.B. v. Kirk

468 So. 2d 234, 10 Fla. L. Weekly 30, 1984 Fla. App. LEXIS 16711

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64611711

Published

of delinquency. See, section 39.-09(3) and section 39.11, Florida Statutes (1983), and Florida Rule of

A.O. v. State

456 So. 2d 1173, 9 Fla. L. Weekly 422, 1984 Fla. LEXIS 3420

Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 64607215

Published

department until the age of 19, not 18. Compare § 39.11(l)(c) with § 39.-41(l)(c). Undoubtedly, the delinquent

J.S.H. v. State

455 So. 2d 1143, 9 Fla. L. Weekly 2044, 1984 Fla. App. LEXIS 15059

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 64606814

Published

criminal mischief,1 the court, acting pursuant to section 39.11(l)(g), Florida Statutes (1983), ordered the

W.P.J. v. State

443 So. 2d 424, 1984 Fla. App. LEXIS 11244

District Court of Appeal of Florida | Filed: Jan 4, 1984 | Docket: 64602006

Published

has been placed in a community control program. § 39.11, Fla.Stat. (1981); M.V.D. v. State, 414 So.2d 599

In the Interest of T.S.J. v. State

439 So. 2d 966, 1983 Fla. App. LEXIS 22725

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 64600286

Published

1982). I also agree with the majority that Section 39.11 must be read in pari materia with Section 39

Dunlap v. State

433 So. 2d 631, 1983 Fla. App. LEXIS 19728

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 64597844

Published

an adult may serve for the same offense.” See § 39.11(3). The present case does not involve that statute

In re M.S.

429 So. 2d 844, 1983 Fla. App. LEXIS 19528

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 64596404

Published

the circuit court. Appellant contends that Section 39.11, Florida Statutes (1981), does not permit the

P.L.W. v. State

428 So. 2d 699, 1983 Fla. App. LEXIS 18645

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 64595858

Published

HRS or reaches nineteen (19) years of age. Section 39.11(l)(c), Florida Statutes (1981). After having

W.N. v. State

426 So. 2d 1206, 1983 Fla. App. LEXIS 19032

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595138

Published

Fresneda differs from the charge of trespass; but section 39.11(l)(g), Florida Statutes (1981), provides that

G. H. v. State

414 So. 2d 1135, 1982 Fla. App. LEXIS 20236

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590421

Published

charge of leaving the scene of an accident. Section 39.11(lXg), Florida Statutes (1981), provides that

M. V. D. v. State

414 So. 2d 599, 1982 Fla. App. LEXIS 20089

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 64590270

Published

time and in ordering restitution to be made. Section 39.11(3), Florida Statutes (1981) mandates that “[a]ny

B. D. v. State

412 So. 2d 70, 1982 Fla. App. LEXIS 19758

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 64589070

Published

conflict as the state has requested we do. Under Section 39.11(3), Florida Statutes, the maximum term of commitment

L. J. N. v. State

411 So. 2d 1349, 1982 Fla. App. LEXIS 19601

District Court of Appeal of Florida | Filed: Apr 5, 1982 | Docket: 64588982

Published

determinate period of time in violation of Section 39.11(3) Florida Statutes, and that the placement

Interest of R.D.B. v. State

404 So. 2d 136, 1981 Fla. App. LEXIS 20923

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 64585227

Published

and Rehabilitative Services (HRS) pursuant to section 39.11(3), Florida Statutes (Supp.1980). At the disposition

J. W. H. v. State

402 So. 2d 562, 1981 Fla. App. LEXIS 20853

District Court of Appeal of Florida | Filed: Aug 21, 1981 | Docket: 64584681

Published

exceeded the maximum amount allowable under Section 39.11(3), Florida Statutes (1979). See G. W. M. v

In the Interest of S. M. v. McCormack

398 So. 2d 511, 1981 Fla. App. LEXIS 19938

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64582665

Published

program of the department.” (Emphasis added.) Section 39.11(l)(a), Florida Statutes (1979), provides as

D. W. J. v. State

397 So. 2d 722, 1981 Fla. App. LEXIS 19132

District Court of Appeal of Florida | Filed: Apr 13, 1981 | Docket: 64582196

Published

question of the statutory interpretation of Section 39.11, Florida Statutes (1979), which provides, in

In the Interest of S. L. D.

394 So. 2d 1072, 1981 Fla. App. LEXIS 18838

District Court of Appeal of Florida | Filed: Mar 4, 1981 | Docket: 64580815

Published

point defense counsel reminded the court that Section 39.11(3), Florida Statutes (1979), had the effect

G. W. M. v. State

391 So. 2d 738, 1980 Fla. App. LEXIS 17908

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 64579379

Published

involved here of five years and sixty days. Section 39.11(l)(c), Florida Statutes (1979) provides that

Maurice v. Montgomery

390 So. 2d 1241, 1980 Fla. App. LEXIS 18195

District Court of Appeal of Florida | Filed: Dec 11, 1980 | Docket: 64579124

Published

Health and Rehabilitative Services, pursuant to § 39.11, Florida Statutes. Therefore, we construe the word

R. J. K. v. State

375 So. 2d 871, 1979 Fla. App. LEXIS 15865

District Court of Appeal of Florida | Filed: Oct 11, 1979 | Docket: 64572260

Published

commitment pursuant to the requirements of Section 39.11(l)(e), Florida Statutes (Supp.1978). McCORD

Harmon v. Department of Health & Rehabilitative Services

364 So. 2d 788, 1978 Fla. App. LEXIS 17049

District Court of Appeal of Florida | Filed: Nov 6, 1978 | Docket: 64567236

Published

dependency adjudication meets the requirements of Section 39.11, Florida Statutes (1977). The order appealed

Florida Bar

345 So. 2d 655, 1977 Fla. LEXIS 4095

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 64558421

Published

NOTE The service provided by law is set out in § 39.11(6), Fla.Stat. (1975). IX. CONTEMPT RULE 8.270.

T. W. v. State

338 So. 2d 549, 1976 Fla. App. LEXIS 15740

District Court of Appeal of Florida | Filed: Oct 15, 1976 | Docket: 64555558

Published

resolution of the other two points. First, Section 39.11(4), Florida Statutes, provides that a juvenile

M. W. B. v. State

335 So. 2d 10, 1976 Fla. App. LEXIS 13845

District Court of Appeal of Florida | Filed: Jul 13, 1976 | Docket: 64554464

Published

resolve the issues on a jurisdictional basis.2 F.S. 39.11(4) provides that “any commitment to the Division

F. B. v. State

319 So. 2d 77, 1975 Fla. App. LEXIS 15263

District Court of Appeal of Florida | Filed: Aug 26, 1975 | Docket: 64549246

Published

its statutory claim to exclusive authority on F.S. 39.-11(2) (c), which incorporated F.S. 39.01(9). We

Smith v. Florida State Department of Health & Rehabilitative Services

299 So. 2d 127, 1974 Fla. App. LEXIS 8801

District Court of Appeal of Florida | Filed: Aug 6, 1974 | Docket: 64540710

Published

two of the statutory grounds found in Fla.Stat. § 39.-11(2) (d), to-wit: the parents had “substantially

Provost v. State

291 So. 2d 43, 1974 Fla. App. LEXIS 7822

District Court of Appeal of Florida | Filed: Feb 15, 1974 | Docket: 64537575

Published

granting specific power over a parent is F.S. Section 39.11 (2) (b), par. 4, F.S. A. 1971. Thereunder where

Willis v. Florida State Division of Family Services

283 So. 2d 155, 1973 Fla. App. LEXIS 6624

District Court of Appeal of Florida | Filed: Sep 14, 1973 | Docket: 64534507

Published

proper notice to the parents as required by F.S. § 39.11(5) F.S.A. and therefore the due process clauses

Keller v. State ex rel. Epperson

265 So. 2d 497, 1972 Fla. LEXIS 3539

Supreme Court of Florida | Filed: Jul 19, 1972 | Docket: 64527219

Published

his parents, presumably pursuant to Fla.Stat. § 39.11(2) (a), F.S.A. After an extended absence from the

State ex rel. D. E. v. Keller

251 So. 2d 703, 1971 Fla. App. LEXIS 6202

District Court of Appeal of Florida | Filed: Sep 1, 1971 | Docket: 64521828

Published

custody of his parents, presumably pursuant to Section 39.-11(2) (a), Florida Statutes, F.S.A. (3) After

In the Interest of V. D.

245 So. 2d 273, 1971 Fla. App. LEXIS 6892

District Court of Appeal of Florida | Filed: Jan 27, 1971 | Docket: 64519284

Published

available under the former. See F.S. 1969, section 39.11, F.S.A. Because of the important differences

In the Interest of D. A. W.

240 So. 2d 524

District Court of Appeal of Florida | Filed: Sep 14, 1970 | Docket: 64517197

Published

Public Welfare for subsequent adoption under Section 39.-11, Florida Statutes, F.S.A. It does not appear

Morris v. Stone

236 So. 2d 455, 1970 Fla. App. LEXIS 6323

District Court of Appeal of Florida | Filed: Jun 16, 1970 | Docket: 64515013

Published

. F.S. Ch. 88, F.S.A. . F.S. § 39.11(1), F.S.A. . F.S. § 39.11(5), F.S.A. . 39 Am.Jur. 634, Parent

In the Interest of A. W.

230 So. 2d 200, 1970 Fla. App. LEXIS 7003

District Court of Appeal of Florida | Filed: Jan 15, 1970 | Docket: 64512776

Published

jurisdiction as to dependent children is limited by Section 39.11, Florida Statutes, F. S.A., which authorizes

In the Interest of G. K. L.

194 So. 2d 36, 1967 Fla. App. LEXIS 5215

District Court of Appeal of Florida | Filed: Jan 24, 1967 | Docket: 64499431

Published

subsequent to the order appealed. See Fla.Stat.1965, § 39.11(6), F.S.A. Affirmed.

State ex rel. Jannoni v. Yergey

188 So. 2d 833, 1966 Fla. App. LEXIS 5126

District Court of Appeal of Florida | Filed: Jul 15, 1966 | Docket: 64497690

Published

jurisdiction specifically granted to it under F.S.A. § 39.11. A rule nisi was- issued by this court, and the

In the Interest of D. A. W.

178 So. 2d 745, 1965 Fla. App. LEXIS 3689

District Court of Appeal of Florida | Filed: Oct 6, 1965 | Docket: 64494240

Published

control of the department for future adoption. See § 39.11(1) (d). Jurisdiction was retained “for the purpose

State ex rel. Singleton v. Walters

158 So. 2d 513

Supreme Court of Florida | Filed: Dec 11, 1963 | Docket: 60217266

Published

of the Juvenile Court of St. Johns County. Section 39.11(3), Florida Statutes, F.S.A. The background

In re J. S. D.

156 So. 2d 780

District Court of Appeal of Florida | Filed: Oct 11, 1963 | Docket: 60215916

Published

State, Fla.App.1958, 104 So.2d 651; Fla.Stat. § 39.11, F.S.A. The appellant would have us reverse not

In re J. S. D.

156 So. 2d 780

District Court of Appeal of Florida | Filed: Oct 11, 1963 | Docket: 60215916

Published

State, Fla.App.1958, 104 So.2d 651; Fla.Stat. § 39.11, F.S.A. The appellant would have us reverse not

ANE v. State

156 So. 2d 525

District Court of Appeal of Florida | Filed: Sep 25, 1963 | Docket: 446124

Published

relating to the juvenile courts of our state. Section 39.11 provides that, when a child has been adjudicatd

A. N. E. v. State

156 So. 2d 525

District Court of Appeal of Florida | Filed: Sep 13, 1963 | Docket: 60215585

Published

relating to the juvenile courts of our state. Section 39.11 provides that, when a child has been adjudicatd