CopyCited 55 times | Published | Supreme Court of Florida | 2009 WL 217979
...structed to provide adjudicated juvenile offenders "the most appropriate dispositional services in the least restrictive available setting" while also protecting the public from further acts of delinquency. §
985.03(21), Fla. Stat. (2007); see also §
985.01-.02, Fla....
...the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes. " Ch. 90-208, § 1, at 1087, Laws of Fla. (emphasis supplied); §
39.001(4), Fla. Stat. (Supp.1990) (emphasis supplied); §
985.01(2), Fla....
...ch level, from low-risk residential to maximum-risk residential, based on the risks and needs of the youths that should be committed at the specified level. Finally, the 1990 Act provided the following legislative intent, which continues today under section 985.01(1)(e)1., Florida Statutes (2007): To assure that the adjudication and disposition of a child alleged or found to have committed a violation of Florida law be exercised with appropriate discretion in keeping with the seriousness of the...
...appropriate dispositional services in the least restrictive available setting" and the requirement that the juvenile court exercise " appropriate discretion " when doing so. §§
39.001(2)(f),
39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§
985.01(1)(e)1.,
985.03(21), Fla....
...tion to exercise " appropriate discretion " in providing the juvenile offender with "the most appropriate dispositional services in the least restrictive available setting." §§
39.001(2)(f),
39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§
985.01(1)(e)1.,
985.03(21), Fla....
...iousness of the offense and the [child's] need for treatment services" and (2) that the "chapter be liberally interpreted and construed in conformity with its declared purposes. " §§
39.001(2)(f), (4), Fla. Stat. (Supp.1990) (emphasis supplied); §§
985.01(1)(e)1., (2), Fla....
...the sequence of a delinquency case. See generally ch. 2006-120, Laws of Fla. Throughout this process, the intent of the Legislature has generally remained consistent, although protection of the public has assumed greater importance. See generally §§ 985.01-.02, Fla....
...es that the proffered reasons address and explain why departure is necessary to provide the juvenile offender with "the most appropriate dispositional services in the least restrictive available setting." §
985.03(21), Fla. Stat. (2007); see also §§
985.01-.02,
985.03(44)(a)-(e),
985.433(7)(a)-(b), Fla....
...departure reasons, fails to require a basis for meaningful appellate review, and, likewise, fails to further the Legislature's statutory objectives, which include the underlying requirements for a sound determination at a disposition hearing. See §§
985.01-.02,
985.03(21),
985.433(7)(b), Fla....
...ntencing during a criminal proceeding. See §
985.03(21), Fla. Stat. (2007); Fla. R. Juv. P. 8.115. However, the purpose, aim, and procedure associated with a juvenile disposition differ from those associated with a criminal sentence. Compare, e.g., §
985.01(1)(c),(e)1., Fla....
...State,
724 So.2d 1268, 1269 (Fla. 1st DCA 1999); A.K. v. State,
724 So.2d 660, 660-61 (Fla. 2d DCA 1999); S.L. v. State,
708 So.2d 1006, 1007-08 (Fla. 2d DCA 1998). [23] M.S.,
927 So.2d at 1046 (quoting A.J.V. v. State,
842 So.2d 1027, 1029 (Fla. 2d DCA 2003)). [24] §§
985.01-.02, Fla....
...[34] §
985.433(7)(b), Fla. Stat. (2007); formerly § 985.23(3)(c), Fla. Stat. (2005); formerly § 39.052(4)(e)3., Fla. Stat. (1995); formerly § 39.052(3)(e)3., Fla. Stat. (Supp.1990). [35] This section is a predecessor of section
985.03(44), Florida Statutes (2007). [36] §
985.01(1)(e)1., Fla....
CopyCited 34 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150
...cted to provide adjudicated juvenile offenders “the most appropriate dispositional services in the least restrictive available setting” while also protecting the public from further acts of delinquency. §
985.03(21), Fla. Stat. (2007); see also §
985.01-.02, Fla....
...he intent of the Legislature that this chapter be liberally interpreted and construed in confonnity with its declared purposes.” Ch. 90-208, § 1, at 1087, Laws of Fla. (emphasis supplied); §
39.001(4), Fla. Stat. (Supp.1990) (emphasis supplied); §
985.01(2), Fla....
...ch level, from low-risk residential to maximum-risk residential, based on the risks and needs of the youths that should be committed at the specified level. Finally, the 1990 Act provided the following legislative intent, which continues today under section 985.01(l)(e)l., Florida Statutes (2007): To assure that the adjudication and disposition of a child alleged or found to have committed a violation of Florida law be exercised with appropriate discretion in keeping with the seriousness of the...
...opriate dispositional sendees in the least restrictive available setting” and the requirement that the juvenile court exercise “appropriate discretion ” when doing so. §§
39.001(2)(f),
39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§
985.01(l)(e)l.,
985.03(21), Fla....
...o exercise “appropriate discretion” in providing the juvenile offender with “the most appropriate dispositional services in the least restrictive available setting.” §§
39.001(2)(f),
39.01(21), Fla. Stat. (Supp.1990) (emphasis supplied); §§
985.01(l)(e)l.,
985.03(21), Fla....
...s of the offense and the [child’s] need for treatment services” and (2) that the “chapter be liberally interpreted and construed in conformity with its declared purposes.” §§
39.001(2)(f), (4), Fla. Stat. (Supp.1990) (emphasis supplied); §§
985.01(l)(e)l., (2), Fla....
...the sequence of a delinquency case. See generally ch. 2006-120, Laws of Fla. Throughout this process, the intent of the Legislature has generally remained consistent, although protection of the public has assumed greater importance. See generally §§ 985.01-.02, Fla....
...hat the proffered reasons address and explain why departure is necessary to provide the juvenile offender with “the most appropriate dispositional services in the least restrictive available setting.” §
985.03(21), Fla. Stat. (2007); see also §§
985.01-02,
985.03(44)(a)-(e),
985.433(7)(a)-(b), Fla....
...eparture reasons, fails to require a basis for meaningful appellate review, and, likewise, fails to further the Legislature’s statutory objectives, which include the underlying requirements for a sound determination at a disposition hearing. See §§
985.01-02,
985.03(21),
985.433(7)(b), Fla....
...ntencing during a criminal proceeding. See §
985.03(21), Fla. Stat. (2007); Fla. R. Juv. P. 8.115. However, the purpose, aim, and procedure associated with a juvenile disposition differ from those associated with a criminal sentence. Compare, e.g., §
985.01 (l)(c),(e)l., Fla....
...State,
724 So.2d 1268, 1269 (Fla. 1st DCA 1999); A.K. v. State,
724 So.2d 660, 660-61 (Fla. 2d DCA 1999); S.L. v. State,
708 So.2d 1006, 1007-08 (Fla. 2d DCA 1998). . M.S.,
927 So.2d at 1046 (quoting A.J.V. v. State,
842 So.2d 1027, 1029 (Fla. 2d DCA 2003)). . §§
985.01-.02, Fla....
...§
985.433(7)(b), Fla. Stat. (2007); formerly § 985.23(3)(c), Fla. Stat. (2005); formerly § 39.052(4)(e)3., Fla. Stat. (1995); formerly § 39.052(3)(e)3„ Fla. Stat. (Supp.1990). . This section is a predecessor of section
985.03(44), Florida Statutes (2007). . §
985.01(l)(e)l., Fla....
CopyCited 29 times | Published | Supreme Court of Florida | 2006 WL 1838948
...ce system, which is to rehabilitate the child. See J.A.S. v. State,
705 So.2d 1381, 1386 (Fla.1998) (noting that juvenile offenders are not held to be criminals and are considered rehabilitatable) (quoting In re C.J.W.,
377 So.2d 22, 24 (Fla.1979)). Section
985.01 provides that the purposes of the chapter are, inter alia: (c) To ensure the protection of society, by providing for a comprehensive standardized assessment of the child's needs so that the most appropriate control, discipline, punishm...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4790946
...a hard-and-fast rule prohibiting a judge from setting a commencement date for monthly payments of juvenile restitution and requiring that such payments can only be ordered contingent upon the juvenile actually obtaining employment is inappropriate. Section 985.01(1)(c) states that the purposes of the juvenile justice statutes include: To ensure the protection of society, by providing for a comprehensive standardized assessment of the child's needs so that the most appropriate control, disciplin...
CopyCited 5 times | Published | Supreme Court of Florida | 2006 WL 1278439
...e seriousness of the act committed, the community's long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child, while also providing whenever possible restitution to the victim of the offense. § 985.01(1)(c), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 17688
...notice in the charging document of the facts supporting the enhanced punishment. Reversed. *590 CIKLIN, J., concurs specially with opinion. HAZOURI, J., dissents with opinion. . We affirm on the issue involving the search without further comment. . § 985.01(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 724124
...filed an emergency petition for writ of habeas corpus seeking release. On October 31, 2007, we granted the writ and ordered her immediate release from secure detention. DISCUSSION Florida's juvenile justice system isfor better or worsea creature of statute. See §§ 985.01-.807, Fla....
...ll other courts in our state, are under a legislative charge "[t]o provide judicial and other procedures to assure due process through which children *318 and other interested parties are assured fair hearings by a respectful and respected court[.]" § 985.01, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 244938
...t were committed or how egregious they were. See Krueger v. State,
351 So.2d 47, 49 (Fla. 3d DCA 1977) (noting that the purpose of criminal contempt is to "punish assaults or aspersions upon the authority and dignity of a court or judge."); see also §
985.01(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22136809
..., discipline, punishment, and treatment can be administered consistent with the seriousness of the act committed, the community's long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child.... § 985.01(c); see also P.W.G....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 13958
...discipline, punishment, and treatment can be administered consistent with the seriousness of the act committed, the community’s long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child.... § 985.01(c); see also P.W.G....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 16973
...a hard-and-fast rule prohibiting a judge from setting a commencement date for monthly payments of juvenile restitution and requiring that such payments can only be ordered contingent upon the juvenile actually obtaining employment is inappropriate. Section 985.01(l)(e) states that the purposes of the juvenile justice statutes include: To ensure the protection of society, by providing for a comprehensive standardized assessment of the child’s needs so that the most appropriate control, discipl...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 4250, 2015 WL 1312646
...cted to provide adjudicated juvenile offenders “the most appropriate dispositional services in the least restrictive available setting” while also protecting the public from further acts of delinquency. §
985.03(21), Fla. Stat. (2007); see also §
985.01-.02, Fla....
...Second, the supreme court held that chapter 985 is remedial in nature and expressly provides “the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes.” Id. at 629 (emphasis omitted) (quoting ch. 90-208, § 1, at 1087, Laws of Fla., now found at § 985.01(2))....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 WL 1076938, 2017 Fla. App. LEXIS 3774
...(h) To care for children in the least restrictive and most appropriate service environments to ensure that children assessed as low and moderate risk to reof-fend are not committed to residential programs, unless the court deems such placement appropriate. §
985.01(l)(c)(d)(g) & (h), Florida Statutes (2015). To implement the values identified in section
985.01, the legislature has provided a roadmap for disposition hearings in section
985.433, Florida Statutes (2015), which places great weight on the DJJ recommendations in a predisposition report....
...child shall be released to the detention center in the 19th Judicial Circuit pending a detention hearing for placement pending the new disposition. The case is remanded to the circuit court for the imposition of a new disposition in accordance with section 985.01(c), Florida Statutes (2016): “[t]o provide an environment that fosters healthy social, emotional, intellectual, educational, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 371305
...As part of the same 1997 changes which created the statute authorizing direct liability on the parent for restitution stemming from the child's delinquent act, the Legislature also enacted new provisions setting forth the purposes and intent of the chapter 985 procedures governing juvenile delinquency proceedings. See § 985.01, Fla....
...and respected court or other tribunal and the recognition, protection, and enforcement of their constitutional and other legal rights, while ensuring that public safety interests and the authority and dignity of the courts are adequately protected. § 985.01(1)(a), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475
In re C.J.W.,
377 So.2d 22, 24 (Fla.1979)). Section
985.01 provides that the purposes of the chapter are
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 5, 2010 Fla. LEXIS 5
...seriousness of the act committed, the community’s long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child, while also providing whenever possible restitution to the victim of the offense. § 985.01 (l)(c), Fla. Stat. (2005) (emphasis added); see also § 985.01(l)(c), Fla....
...r make, the trial court may order that the payments begin on a date certain — without *559 regard to the juvenile’s present employment status. The Legislature’s purpose in drafting the juvenile restitution statute, as specifically set forth in section 985.01(l)(c), also supports the conclusion of the Second District that trial courts may set a payment schedule regardless of the present employment status of the juvenile. The statute was crafted both to protect society in a manner consistent with the child’s needs and to provide restitution to the victim whenever possible. See § 985.01(l)(e)....
CopyCited 1 times | Published | Supreme Court of Florida | 2010 WL 26540
...e seriousness of the act committed, the community's long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child, while also providing whenever possible restitution to the victim of the offense. § 985.01(1)(c), Fla. Stat. (2005) (emphasis added); see also § 985.01(1)(c), Fla....
...o pay or make, the trial court may order that the payments begin on a date certainwithout *559 regard to the juvenile's present employment status. The Legislature's purpose in drafting the juvenile restitution statute, as specifically set forth in section 985.01(1)(c), also supports the conclusion of the Second District that trial courts may set a payment schedule regardless of the present employment status of the juvenile. The statute was crafted both to protect society in a manner consistent with the child's needs and to provide restitution to the victim whenever possible. See § 985.01(1)(c)....
CopyPublished | Florida 4th District Court of Appeal | 2009 WL 4061010
...The majority's position, in contrast, impermissibly expands both the due process rights of juveniles and the procedural requirements of a petition by calling for more than what the law requires. I, therefore, dissent. NOTES [1] We affirm on the issue involving the search without further comment. [2] § 985.01(1)(a), Fla....
CopyPublished | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 277, 2006 Fla. LEXIS 805
...seriousness of the act committed, the community’s long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child, while also providing whenever possible restitution to the victim of the offense. § 985.01(l)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 7469
...As part of the same 1997 changes which created the statute authorizing direct liability on the parent for restitution stemming from the child's delinquent act, the Legislature also enacted new provisions setting forth the purposes and intent of the chapter 985 procedures governing juvenile delinquency proceedings. See § 985.01, Fla....
...and respected court or other tribunal and the recognition, protection, and enforcement of their constitutional and other legal rights, while ensuring that public safety interests and the authority and dignity of the courts are adequately protected. § 985.01(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 985
...re committed or how egregious they were. See Krueger v. State,
351 So.2d 47, 49 (Fla. 3d DCA 1977) (noting that the purpose of criminal contempt is to “punish assaults or aspersions upon the authority and dignity of a court or judge.”); see also §
985.01(1)(a), Fla....
