Florida Statute 985.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.03

985.03 Definitions.—As used in this chapter, the term:

(1) “Abscond” means to hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid prosecution or supervision.

(2) “Addictions receiving facility” means a substance abuse service provider as defined in chapter 397.

(3) “Adjudicatory hearing” means a hearing for the court to determine whether or not the facts support the allegations stated in the petition, as is provided for under s. 985.35 in delinquency cases.

(4) “Adult” means any natural person other than a child.

(5) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding.

(6) “Authorized agent” or “designee” of the department means a person or agency assigned or designated by the department to perform duties or exercise powers under this chapter and includes contract providers and their employees.

(7) “Child” or “juvenile” or “youth” means any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years.

(8) “Child in need of services” has the same meaning as provided in s. 984.03.

(9) “Child who has been found to have committed a delinquent act” means a child who, under this chapter, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court, except that this definition does not include an act constituting contempt of court arising out of a proceeding under chapter 39 or chapter 984.

(10) “Circuit” means any of the 20 judicial circuits as set forth in s. 26.021.

(11) “Comprehensive assessment” or “assessment” means the gathering of information for the evaluation of a juvenile offender’s or a child’s physical, psychological, educational, career and technical education, and social condition and family environment as they relate to the child’s need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate.

(12) “Conditional release” means the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. The purpose of conditional release is to protect the public, reduce recidivism, increase responsible productive behavior, and provide for a successful transition of the youth from the department to his or her family. Conditional release includes, but is not limited to, nonresidential community-based programs.

(13) “Court” means the circuit court assigned to exercise jurisdiction under this chapter, unless otherwise expressly stated.

(14) “Day treatment” means a nonresidential, community-based program designed to provide therapeutic intervention to youth who are served by the department or placed on probation or conditional release. A day treatment program may provide educational and career and technical education services and shall provide case management services; individual, group, and family counseling; training designed to address delinquency risk factors; and monitoring of a youth’s compliance with, and facilitation of a youth’s completion of, sanctions if ordered by the court. Program types may include, but are not limited to, career programs, marine programs, juvenile justice alternative schools, training and rehabilitation programs, and sex-specific programs.

(15)(a) “Delinquency program” means any intake, probation, or similar program; regional detention center or facility; or community-based program, whether owned and operated by or contracted by the department, or institution owned and operated by or contracted by the department, which provides intake, supervision, or custody and care of children who are alleged to be or who have been found to be delinquent under this chapter.

(b) “Delinquency program staff” means supervisory and direct care staff of a delinquency program as well as support staff who have direct contact with children in a delinquency program.

(16) “Department” means the Department of Juvenile Justice.

(17) “Designated facility” or “designated treatment facility” means any facility designated by the department to provide treatment to juvenile offenders.

(18) “Detention care” means the temporary care of a child in secure or supervised release detention, pending a court adjudication or disposition or execution of a court order. There are two types of detention care, as follows:

(a) “Secure detention” means temporary custody of the child while the child is under the physical restriction of a secure detention center or facility pending adjudication, disposition, or placement.

(b) “Supervised release detention” means temporary, nonsecure custody of the child while the child is released to the custody of the parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the department staff pending adjudication or disposition, through programs that include, but are not limited to, electronic monitoring, day reporting centers, and nonsecure shelters. Supervised release detention may include other requirements imposed by the court.

(19) “Detention center or facility” means a facility used pending court adjudication or disposition or execution of court order for the temporary care of a child alleged or found to have committed a violation of law. A detention center or facility may provide secure custody. A facility used for the commitment of adjudicated delinquents shall not be considered a detention center or facility.

(20) “Detention hearing” means a hearing for the court to determine if a child should be placed in temporary custody, as provided for under part V in delinquency cases.

(21) “Disposition hearing” means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under part VII, in delinquency cases.

(22) “Family” means a collective of persons, consisting of a child and a parent, guardian, adult custodian, or adult relative, in which:

(a) The persons reside in the same house or living unit; or

(b) The parent, guardian, adult custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child.

(23) “Family in need of services” has the same meaning as provided in s. 984.03.

(24) “Intake” means the initial acceptance and screening by the department or juvenile assessment center personnel of a complaint or a law enforcement report or probable cause affidavit of delinquency to determine the recommendation to be taken in the best interests of the child, the family, and the community. The emphasis of intake is on diversion and the least restrictive available services. Consequently, intake includes such alternatives as:

(a) The disposition of the complaint, report, or probable cause affidavit without court or public agency action or judicial handling when appropriate.

(b) The referral of the child to another public or private agency when appropriate.

(25) “Judge” means the circuit judge exercising jurisdiction pursuant to this chapter.

(26) “Juvenile justice continuum” includes, but is not limited to, prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by criminal gangs, and juvenile arrests, as well as programs and services targeted at children who have committed delinquent acts, and children who have previously been committed to residential treatment programs for delinquents. The term includes children-in-need-of-services and families-in-need-of-services programs under chapter 984; conditional release; substance abuse and mental health programs; educational and career programs; recreational programs; community services programs; community service work programs; mother-infant programs; and alternative dispute resolution programs serving children at risk of delinquency and their families, whether offered or delivered by state or local governmental entities, public or private for-profit or not-for-profit organizations, or religious or charitable organizations.

(27) “Juvenile probation officer” means the authorized agent of the department who performs the intake, case management, or supervision functions.

(28) “Legal custody or guardian” means a legal status created by court order or letter of guardianship which vests in a custodian of the person or guardian, whether an agency or an individual, the right to have physical custody of the child and the right and duty to protect, train, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care.

(29) “Licensed child-caring agency” means a person, society, association, or agency licensed by the Department of Children and Families to care for, receive, and board children.

(30) “Licensed health care professional” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a nurse licensed under part I of chapter 464, a physician assistant licensed under chapter 458 or chapter 459, or a dentist licensed under chapter 466.

(31) “Likely to injure oneself” means that, as evidenced by violent or other actively self-destructive behavior, it is more likely than not that within a 24-hour period the child will attempt to commit suicide or inflict serious bodily harm on himself or herself.

(32) “Likely to injure others” means that it is more likely than not that within a 24-hour period the child will inflict serious and unjustified bodily harm on another person.

(33) “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.

(34) “Mother-infant program” means a residential program designed to serve the needs of juvenile mothers or expectant juvenile mothers who are committed as delinquents, which is operated or contracted by the department. A mother-infant program facility must be licensed as a child care facility under s. 402.308 and must provide the services and support necessary to enable each juvenile mother committed to the facility to provide for the needs of her infants who, upon agreement of the mother, may accompany her in the program.

(35) “Necessary medical treatment” means care which is necessary within a reasonable degree of medical certainty to prevent the deterioration of a child’s condition or to alleviate immediate pain of a child.

(36) “Next of kin” means an adult relative of a child who is the child’s brother, sister, grandparent, aunt, uncle, or first cousin.

(37) “Ordinary medical care” means medical procedures that are administered or performed on a routine basis and include, but are not limited to, inoculations, physical examinations, remedial treatment for minor illnesses and injuries, preventive services, medication management, chronic disease detection and treatment, and other medical procedures that are administered or performed on a routine basis and do not involve hospitalization, surgery, the use of general anesthesia, or the provision of psychotropic medications.

(38) “Parent” means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of either s. 39.503(1) or s. 63.062(1).

(39) “Preliminary screening” means the gathering of preliminary information to be used in determining a child’s need for further evaluation or assessment or for referral for other substance abuse services through means such as psychosocial interviews; urine and breathalyzer screenings; and reviews of available educational, delinquency, and dependency records of the child.

(40) “Prevention” means programs, strategies, initiatives, and networks designed to keep children from making initial or further contact with the juvenile justice system.

(41) “Probation” means the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act. Probation is an individualized program in which the freedom of the child is limited and the child is restricted to noninstitutional quarters or restricted to the child’s home in lieu of commitment to the custody of the department. Youth on probation may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting.

(42) “Relative” means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.

(43) “Respite” means a placement that is available for the care, custody, and placement of a youth charged with domestic violence as an alternative to secure detention or for placement of a youth when a shelter bed for a child in need of services or a family in need of services is unavailable.

(44) “Restrictiveness level” means the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children. Sections 985.601(10) and 985.721 apply to children placed in programs at any residential commitment level. The restrictiveness levels of commitment are as follows:

(a) Moderate-risk residential.—Programs or program models at this commitment level are residential but may allow youth to have supervised access to the community. Facilities at this commitment level are either environmentally secure, staff secure, or are hardware-secure with walls, fencing, or locking doors. Residential facilities at this commitment level shall have no more than 90 beds each, including campus-style programs, unless those campus-style programs include more than one treatment program using different treatment protocols, and have facilities that coexist separately in distinct locations on the same property. Facilities at this commitment level shall provide 24-hour awake supervision, custody, care, and treatment of residents. Youth assessed and classified for placement in programs at this commitment level represent a low or moderate risk to public safety and require close supervision. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary.

(b) High-risk residential.—Programs or program models at this commitment level are residential and do not allow youth to have access to the community, except that temporary release providing community access for up to 72 continuous hours may be approved by a court for a youth who has made successful progress in his or her program in order for the youth to attend a family emergency or, during the final 60 days of his or her placement, to visit his or her home, enroll in school or a career and technical education program, complete a job interview, or participate in a community service project. High-risk residential facilities are hardware-secure with perimeter fencing and locking doors. Residential facilities at this commitment level shall have no more than 90 beds each, including campus-style programs, unless those campus-style programs include more than one treatment program using different treatment protocols, and have facilities that coexist separately in distinct locations on the same property. Facilities at this commitment level shall provide 24-hour awake supervision, custody, care, and treatment of residents. Youth assessed and classified for this level of placement require close supervision in a structured residential setting. Placement in programs at this level is prompted by a concern for public safety that outweighs placement in programs at lower commitment levels. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. The facility may provide for single cell occupancy, except that youth may be housed together during prerelease transition.

(c) Maximum-risk residential.—The programs at this commitment level are long-term residential and do not allow youth to have access to the community. Facilities at this commitment level are maximum-custody, hardware-secure with perimeter security fencing and locking doors. Residential facilities at this commitment level shall have no more than 90 beds each, including campus-style programs, unless those campus-style programs include more than one treatment program using different treatment protocols, and have facilities that coexist separately in distinct locations on the same property. Facilities at this commitment level shall provide 24-hour awake supervision, custody, care, and treatment of residents. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. Facilities at this commitment level shall provide for single cell occupancy, except that youth may be housed together during prerelease transition. Youth assessed and classified for this level of placement require close supervision in a maximum security residential setting. Placement in a program at this level is prompted by a demonstrated need to protect the public.

(45) “Secure detention center or facility” means a physically restricting facility for the temporary care of children pending adjudication, disposition, or placement.

(46) “Sex” has the same meaning as provided in s. 553.865(3).

(47) “Shelter” means a place for the temporary care of a child who is alleged to be or who has been found to be delinquent.

(48) “Substance abuse” means using, without medical reason, any psychoactive or mood-altering drug, including alcohol, in such a manner as to induce impairment resulting in dysfunctional social behavior.

(49) “Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release, detention, placement, or other disposition as authorized by law.

(50) “Temporary legal custody” means the relationship that a juvenile court creates between a child and an adult relative of the child, adult nonrelative approved by the court, or other person until a more permanent arrangement is ordered. Temporary legal custody confers upon the custodian the right to have temporary physical custody of the child and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, and education, and ordinary medical, dental, psychiatric, and psychological care, unless these rights and duties are otherwise enlarged or limited by the court order establishing the temporary legal custody relationship.

(51) “Temporary release” means the terms and conditions under which a child is temporarily released from a residential commitment facility or allowed home visits. If the temporary release is from a moderate-risk residential facility, a high-risk residential facility, or a maximum-risk residential facility, the terms and conditions of the temporary release must be approved by the child, the court, and the facility.

(52) “Transition-to-adulthood services” means services that are provided for youth in the custody of the department or under the supervision of the department and that have the objective of instilling the knowledge, skills, and aptitudes essential to a socially integrated, self-supporting adult life. The services may include, but are not limited to:

(a) Assessment of the youth’s ability and readiness for adult life.

(b) A plan for the youth to acquire the knowledge, information, and counseling necessary to make a successful transition to adulthood.

(53) “Trauma-informed care” means services that are provided to children with a history of trauma, recognizing the symptoms of trauma and acknowledging the role that trauma has played in the child’s life. Trauma may include, but is not limited to, community and school violence, physical or sexual abuse, neglect, medical difficulties, and domestic violence.

(54) “Violation of law” or “delinquent act” means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult.

(55) “Waiver hearing” means a hearing provided for under s. 985.556(4).

History.—s. 4, ch. 97-234; s. 3, ch. 97-238; s. 1, ch. 97-276; s. 13, ch. 98-49; s. 7, ch. 98-207; s. 78, ch. 98-280; s. 169, ch. 98-403; s. 58, ch. 99-7; s. 14, ch. 99-201; s. 9, ch. 99-284; s. 18, ch. 2000-135; s. 150, ch. 2000-318; s. 35, ch. 2001-3; s. 14, ch. 2001-125; s. 119, ch. 2002-1; s. 1050, ch. 2002-387; s. 67, ch. 2004-357; s. 1, ch. 2005-263; ss. 4, 56, 57, 59, ch. 2006-120; s. 2, ch. 2008-65; s. 30, ch. 2008-238; s. 1, ch. 2010-123; ss. 2, 3, ch. 2011-70; s. 1, ch. 2011-236; s. 2, ch. 2012-56; s. 117, ch. 2013-15; s. 343, ch. 2014-19; s. 3, ch. 2014-162; s. 2, ch. 2018-86; s. 9, ch. 2024-133; s. 29, ch. 2025-153.

F.S. 985.03 on Google Scholar

F.S. 985.03 on CourtListener

Amendments to 985.03

Annotations, Discussions, Cases:

Cases Citing Statute 985.03

Total Results: 145

State v. JM

824 So. 2d 105, 2002 WL 1448825

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 1435387

Cited 59 times | Published

waiver mechanisms for juveniles. See id. [7] Section 985.03(31) defines a "Juvenile sexual offender" as:

EAR v. State

4 So. 3d 614, 2009 WL 217979

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1666810

Cited 55 times | Published

must fulfill during a disposition hearing. See § 985.03(21), Fla. Stat. (2007). As we have previously

E.A.R. v. State

4 So. 3d 614, 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 60295083

Cited 34 times | Published

and the least restrictive available services. § 985.03(27), Fla. Stat. (2007) (emphasis supplied); see

ACN v. State

727 So. 2d 368, 1999 WL 105369

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 1438299

Cited 31 times | Published

recommended a low-risk residential placement. See section 985.03(45)(b), Florida Statutes (1997). The trial

VKE v. State

934 So. 2d 1276, 2006 WL 1838948

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 2185398

Cited 29 times | Published

violation of section 784.03 (battery statute), and section 985.03(58) defines "violation of law" or a "delinquent

Brennan v. State

754 So. 2d 1, 1999 WL 506966

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 471982

Cited 20 times | Published

time that person reached the age of 18 years." § 985.03(6), Fla. Stat. (1997). Using the logic of Allen

VKE v. State

902 So. 2d 343, 2005 WL 1250783

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675050

Cited 16 times | Published

violation of section 784.03 (battery statute), and section 985.03(58) defines "violation of law" or a "delinquent

NB v. State

911 So. 2d 833, 2005 WL 2088676

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1751803

Cited 14 times | Published

placement and services in [a] residential setting[ ]." § 985.03(45)(a), Fla. Stat. (2004). The judge did not at

KM v. State

891 So. 2d 619, 2005 WL 156811

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1704390

Cited 9 times | Published

denial of that motion, K.M. filed this appeal. Section 985.03(45), Florida Statutes (2003), defines moderate-risk

SSM v. State

898 So. 2d 84, 2004 WL 2776878

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1448284

Cited 9 times | Published

938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a "`violation

MJS v. State

6 So. 3d 1268, 2009 WL 818989

District Court of Appeal of Florida | Filed: Mar 31, 2009 | Docket: 1508458

Cited 8 times | Published

services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

BLR v. State

74 So. 3d 173, 2011 WL 5561291

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2547309

Cited 7 times | Published

"structured" drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk

J.M. v. Gargett

101 So. 3d 352, 37 Fla. L. Weekly Supp. 611, 2012 WL 4666695, 2012 Fla. LEXIS 1925

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60226265

Cited 6 times | Published

pending adjudication, disposition, or placement.” § 985.03(47), Fla. Stat. (2010). . In reaching its decision

Hopkins v. State

105 So. 3d 470, 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799

Supreme Court of Florida | Filed: Sep 13, 2012 | Docket: 60227855

Cited 6 times | Published

a violation of law.” See § 985.03(19), Fla. Stat. (2007); see also § 985.03(46), Fla. Stat. (2007) (defining

MH v. State

69 So. 3d 325, 2011 WL 3837285

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 2353903

Cited 6 times | Published

"structured" drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk

MK v. State

4 So. 3d 1271, 2009 WL 779997

District Court of Appeal of Florida | Filed: Mar 26, 2009 | Docket: 1666353

Cited 6 times | Published

services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

KS v. State

835 So. 2d 350, 2003 WL 141632

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1754963

Cited 6 times | Published

violations of her community supervision. A review of section 985.03(45), Florida Statutes (2001), provides the

SSM v. State

814 So. 2d 1234, 2002 WL 832166

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 2552121

Cited 6 times | Published

was necessary to protect the "public safety." § 985.03(45)(c), Fla. Stat. (2001). We vacate the commitment

State v. Fuchs

751 So. 2d 603, 1999 WL 817186

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 5641

Cited 6 times | Published

and 985 of the Florida Statutes. For example, section 985.03(9), Florida Statutes (1997), defines a "child

State v. Fuchs

751 So. 2d 603, 1999 WL 817186

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 5641

Cited 6 times | Published

and 985 of the Florida Statutes. For example, section 985.03(9), Florida Statutes (1997), defines a "child

M.J.S. v. State

6 So. 3d 1268, 2009 Fla. App. LEXIS 2702

District Court of Appeal of Florida | Filed: Mar 31, 2009 | Docket: 60299764

Cited 5 times | Published

services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

JIS v. State

930 So. 2d 587, 2006 WL 1278439

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

Cited 5 times | Published

facility may provide for single cell occupancy. § 985.03(46)(d), Fla. Stat. (2005). Residential commitments

JAR v. State

923 So. 2d 604, 2006 WL 739516

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1496696

Cited 5 times | Published

programs available in a moderate-risk placement. See § 985.03(45)(a)-(b) (generally defining the restrictiveness

JLO v. State

721 So. 2d 440, 1998 WL 833552

District Court of Appeal of Florida | Filed: Dec 4, 1998 | Docket: 1322959

Cited 5 times | Published

restrictiveness level vis-a-vis the needs of the child. See § 985.03(45)(1997). Section 985.215(10)(a)(I) (1997)[1]

B.K.A. v. State

122 So. 3d 928, 2013 WL 5476427, 2013 Fla. App. LEXIS 15544

District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60234807

Cited 4 times | Published

commitment to the custody of the department.” § 985.03(44), Fla. Stat. In contrast, “restrictiveness

AW v. State

862 So. 2d 858, 2003 WL 22901142

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 1762912

Cited 4 times | Published

facility may provide for single cell occupancy. § 985.03(45)(c), Fla. Stat. (2002). In other cases where

AJ v. State

826 So. 2d 528, 2002 WL 31126595

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 1198223

Cited 4 times | Published

PETERSON and PLEUS, JJ., concur. NOTES [1] Section 985.03(45)(c), Florida Statutes defines a high-risk

FN v. State

745 So. 2d 1149, 1999 WL 1243872

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1689182

Cited 4 times | Published

placed the defendant on community control. Section 985.03(13), Florida Statutes (1999), defines "community

TC v. Layne

725 So. 2d 1278, 1999 WL 72477

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1688780

Cited 4 times | Published

The term "community control" is defined in section 985.03(12) of the statute: "Community control" means

B.L.R. v. State

74 So. 3d 173, 2011 Fla. App. LEXIS 18184

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 60303522

Cited 3 times | Published

“structured” drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk

CMH v. State

25 So. 3d 678, 2010 WL 143758

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 2537476

Cited 3 times | Published

services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

M.K. v. State

4 So. 3d 1271, 2009 Fla. App. LEXIS 2524

District Court of Appeal of Florida | Filed: Mar 26, 2009 | Docket: 60295035

Cited 3 times | Published

services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

CNH v. State

927 So. 2d 1, 2006 WL 357889

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 1765212

Cited 3 times | Published

2005); Fla. R.App. P. 9.140(b)(2)(A). [2] See § 985.03(15), Fla. Stat. (2005). [3] For example, the

JW v. Leitner

801 So. 2d 295, 2001 WL 1589616

District Court of Appeal of Florida | Filed: Dec 14, 2001 | Docket: 1744731

Cited 3 times | Published

is not synonymous with "secure detention." See § 985.03(19) (defining three types of detention care, one

M.H. v. State

69 So. 3d 325, 2011 Fla. App. LEXIS 13802

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60302601

Cited 2 times | Published

“structured” drug program. However, nothing in section 985.03(44)(c), Florida Statutes, states that all moderate-risk

State v. AC

44 So. 3d 1240, 2010 WL 3808975

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 1928656

Cited 2 times | Published

and non-residential programs, as defined in section 985.03(44)(a)-(e). Thus, A.C. claims that the State

State v. A.C.

44 So. 3d 1240, 2010 Fla. App. LEXIS 14541

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 60295554

Cited 2 times | Published

and non-residential programs, as defined in section 985.03(44)(a)-(e). Thus, A.C. claims that the State

C.M.H. v. State

25 So. 3d 678, 2010 Fla. App. LEXIS 198

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 60287646

Cited 2 times | Published

services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

In Re Amendments to Rules of Juvenile Proc.

951 So. 2d 804, 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377

Supreme Court of Florida | Filed: Feb 8, 2007 | Docket: 1280790

Cited 2 times | Published

involving juvenile sexual abuse as defined in section 985.03(33)985.475(1), Florida Statutes. *823 Placement

DM v. Dobuler

947 So. 2d 504, 2006 WL 3499918

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1720451

Cited 2 times | Published

custody," as used in this provision is defined in section 985.03(55) of the Florida Statutes as "the status

LG v. State

939 So. 2d 1141, 2006 WL 2933926

District Court of Appeal of Florida | Filed: Oct 16, 2006 | Docket: 1237433

Cited 2 times | Published

subsections (44) and (46) in pari materia. Section 985.03(44) provides as follows: "Probation" means

JM v. State

939 So. 2d 1138

District Court of Appeal of Florida | Filed: Oct 13, 2006 | Docket: 1237565

Cited 2 times | Published

placement in programs at lower commitment levels." § 985.03(46)(d), Fla. Stat. (2005). Nothing in this case

Cohen v. State

920 So. 2d 682, 2006 WL 141485

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 2543891

Cited 2 times | Published

between these two offenses in the context of section 985.03(48), Florida Statutes (2003), the serious or

State v. JC

916 So. 2d 847

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1187323

Cited 2 times | Published

the surcharge for "a violation." According to section 985.03(58), Florida Statutes (2004),[2] a delinquent

TN v. State

896 So. 2d 878, 2005 WL 473983

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1683623

Cited 2 times | Published

snatching is not a qualifying offense under section 985.03(48), Florida Statutes (2003). We agree and

BS v. State

862 So. 2d 15, 2003 WL 22136809

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1762237

Cited 2 times | Published

pending adjudication, disposition, or placement." § 985.03(18)(c), Fla. Stat. (2000). In this case, B.S.

State v. J.M.

824 So. 2d 105, 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 64817028

Cited 2 times | Published

waiver mechanisms for juveniles. See id. . Section 985.03(31) defines a “Juvenile sexual offender" as:

Dept. of Juvenile Justice v. Kb

784 So. 2d 556, 2001 WL 505327

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 1492073

Cited 2 times | Published

Marine Institute Program, a probation program. See § 985.03(43), Fla. Stat. (2000) (defining probation and

JG v. State

783 So. 2d 1233, 2001 WL 497361

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1259485

Cited 2 times | Published

services, and post-commitment community control. § 985.03(4), Fla.Stat. (1999). [3] J.G. was born June

CCM v. State

782 So. 2d 537, 2001 WL 376512

District Court of Appeal of Florida | Filed: Apr 17, 2001 | Docket: 456415

Cited 2 times | Published

special treatment for juvenile sex offenders. Section 985.03(31), Florida Statutes defines a juvenile sex

D.L.T., A CHILD v. STATE OF FLORIDA

275 So. 3d 651

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 15731315

Cited 1 times | Published

setting.” E.A.R., 4 So. 3d at 638 (quoting § 985.03(21)). Id. at 10 (first alteration in original)

D.V. v. State

216 So. 3d 3, 2017 WL 1076938, 2017 Fla. App. LEXIS 3774

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 60265169

Cited 1 times | Published

incidents, to a maximum risk x-esidential program. Section 985.03(44)(d), Florida Statutes (2015) describes this

J.J. v. State

181 So. 3d 522, 2015 Fla. App. LEXIS 15527, 2015 WL 6160805

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 60252587

Cited 1 times | Published

if the violation were committed by an adult.” § 985.03(57). At least some of these juveniles will eventually

D.G. v. State

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

appropriate restrictiveness level of the commitment. See § 985.03(45)(a)-(e) (defining five restrictiveness levels:

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-05

153 So. 3d 192, 2014 WL 6977938

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613862

Cited 1 times | Published

Definitions. Give as applicable. § 985.03(19), Fla. Stat. A “juvenile detention facility”

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

So.2d 603 (Fla. 2d DCA 2005). Definitions. § 985.03(8), Fla. Stat. “Delinquent act” is a violation

T.W.R. v. State

80 So. 3d 1110, 2012 Fla. App. LEXIS 3201, 2012 WL 603551

District Court of Appeal of Florida | Filed: Feb 27, 2012 | Docket: 60305639

Cited 1 times | Published

services in the least restrictive available setting. § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

S.W. v. State

26 So. 3d 655, 2010 Fla. App. LEXIS 538

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 60288062

Cited 1 times | Published

placement in programs at lower commitment levels. § 985.03(44)(d), Fla. Stat. (2007). The court explained

C.B. v. State

16 So. 3d 1049, 2009 Fla. App. LEXIS 13571

District Court of Appeal of Florida | Filed: Sep 14, 2009 | Docket: 60246741

Cited 1 times | Published

services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

CB v. State

16 So. 3d 1049, 2009 WL 2914189

District Court of Appeal of Florida | Filed: Sep 14, 2009 | Docket: 1640927

Cited 1 times | Published

services in the least restrictive available setting." § 985.03(21), Fla. Stat. (2007) (emphasis supplied); see

A.A.V. v. State

9 So. 3d 654, 2009 Fla. App. LEXIS 2498

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 60309066

Cited 1 times | Published

residential, and maximum-risk residential. See § 985.03(44), Fla. Stat. (2007). Chapter 985 further provides

DLT v. State

960 So. 2d 913, 2007 WL 2126290

District Court of Appeal of Florida | Filed: Jul 26, 2007 | Docket: 1726323

Cited 1 times | Published

restrictiveness under this paragraph. [4] Section 985.03(44)(d), Florida Statutes (2006), defines the

V.K.E. v. State

934 So. 2d 1276, 31 Fla. L. Weekly Supp. 505, 2006 Fla. LEXIS 1475

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 64845913

Cited 1 times | Published

violation of section 784.03 (battery statute), and section 985.03(58) defines “violation of law” or a “delinquent

SLG v. State

912 So. 2d 613, 2005 Fla. App. LEXIS 16363, 2005 WL 1842581

District Court of Appeal of Florida | Filed: Oct 14, 2005 | Docket: 1755670

Cited 1 times | Published

938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a "`violation

B.S. v. State

862 So. 2d 15, 2003 Fla. App. LEXIS 13958

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 64827241

Cited 1 times | Published

pending adjudication, disposition, or placement.” § 985.03(18)(c), Fla. Stat. (2000). In this case, B.S.

KC v. State

848 So. 2d 1193, 2003 WL 21359918

District Court of Appeal of Florida | Filed: Jun 13, 2003 | Docket: 1309444

Cited 1 times | Published

pending adjudication, disposition, or placement." § 985.03(47). We conclude that a residential commitment

DH v. Esteves

790 So. 2d 1275, 2001 WL 913992

District Court of Appeal of Florida | Filed: Aug 15, 2001 | Docket: 1411515

Cited 1 times | Published

purposes of section 985.215(2)(a). According to section 985.03(43) "[p]robation is an individualized program

State v. EDP

724 So. 2d 1144, 1998 WL 696947

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 1733875

Cited 1 times | Published

01(59)(b), Fla. Stat. (Supp.1996)(current version at § 985.03(45)(b), Fla. Stat. (1997)). [2] "`Restrictiveness

State v. SCW

718 So. 2d 320, 1998 WL 615490

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1146406

Cited 1 times | Published

(1997); § 39.0471, Fla. Stat. (1995). [4] See § 985.03(29), Fla. Stat.(1997); § 39.001(33), Fla. Stat

L.S., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369347

Published

to the disposition hearings at issue. See also § 985.03(21), Fla. Stat. (2021) (“‘Disposition hearing’

V.R.J., A MINOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620286

Published

residential treatment facility described in Florida Statute 985.03(44), maintained for the custody,

R.B., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 29, 2020 | Docket: 17109568

Published

the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied);

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

Definitions. Give as applicable. § 985.03(19), Fla.Stat. A "juvenile detention

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713536

Published

order to be a form of nonsecure detention. See § 985.03(18)(b), Fla. Stat. (2017). The defense in each

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713535

Published

order to be a form of nonsecure detention. See § 985.03(18)(b), Fla. Stat. (2017). The defense in each

A.A., S.F., & N.A. v. State

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572888

Published

order to be a form of nonsecure detention. See § 985.03(18)(b), Fla. Stat. (2017). The defense in each

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-01 – Corrected Opinion

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982206

Published

603 (Fla. 2d DCA 2005). Definitions. § 985.03(8), Fla. Stat. “Delinquent act” is a violation

U.T. v. State

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975830

Published

detention with an electronic monitor around 1 See § 985.03(44)(a), Fla. Stat. (2016).

U.T. v. State

255 So. 3d 510

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 64689255

Published

form of nonsecure detention, is defined in section 985.03(18). "Detention care" means "the temporary

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-01.

253 So. 3d 1024

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943251

Published

2d DCA 2005). Definitions. § 985.03(8), Fla. Stat. "Delinquent act" is a

R.L.C., A CHILD v. STATE OF FLORIDA

241 So. 3d 199

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354240

Published

for a restrictiveness level as defined in Florida Statute 985.03(44).” The court placed the juvenile on

M.J. v. State of Florida

District Court of Appeal of Florida | Filed: Mar 19, 2017 | Docket: 4619339

Published

to a nonsecure residential level facility. See § 985.03(44), Fla. Stat. (2016) (defining the four restrictiveness

M.J. v. State

212 So. 3d 534, 2017 Fla. App. LEXIS 3243

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 60263379

Published

to a nonsecure residential level facility. See § 985.03(44), Fla. Stat. (2016) (defining the four restrictiveness

D.P.O. v. State

212 So. 3d 1064, 2017 Fla. App. LEXIS 2612

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60262730

Published

considered to be a form of nonsecure detention under section 985.03(18)(b), Florida Statutes (2017). Inasmuch as

D.P.O. v. State

District Court of Appeal of Florida | Filed: Feb 20, 2017 | Docket: 4613145

Published

to be a form of nonsecure detention under section 985.03(18)(b), Florida Statutes (2017). Inasmuch as

C.C. v. State

206 So. 3d 808

District Court of Appeal of Florida | Filed: Nov 28, 2016 | Docket: 63631162

Published

commitment to the custody of the department.’ § 985.03(44), Fla. Stat.”) (emphasis in original). Thus

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06

195 So. 3d 356, 2016 WL 3450481

Supreme Court of Florida | Filed: Jun 23, 2016 | Docket: 3081761

Published

individual counseling. § 98^03(11), and § 985.03(53), Fla. Stat. “Delinquent Child” means

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065478

Published

Definitions. Give as applicable. § 985.03(19), Fla. Stat. A “juvenile detention

J.J. v. State

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991093

Published

the violation were committed by an adult." § 985.03(57). At least some of these juveniles will eventually

R.R.R. v. State

173 So. 3d 1084, 2015 Fla. App. LEXIS 12056, 2015 WL 4771948

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 60250200

Published

least restrictive available setting.” Id. (quoting § 985.03(21), Fla. Stat. (2007)). In R.R.R.’s case the

R.R.R. v. State

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 2684311

Published

restrictive available setting." Id. (quoting § 985.03(21), Fla. Stat. (2007)). In R.R

State v. C.M., a child

154 So. 3d 1177, 2015 Fla. App. LEXIS 167, 2015 WL 71949

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621540

Published

if the violation were committed by an adult.” § 985.03(57), Fla. Stat. (2013). In the present case

J.N. v. State

132 So. 3d 881, 2014 WL 464071, 2014 Fla. App. LEXIS 1420

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238563

Published

restrictive available setting.” Id. at 638 (quoting § 985.03(21), Fla. Stat. (2007)). Here, the only finding

R.A. v. State

117 So. 3d 1181, 2013 WL 2501976, 2013 Fla. App. LEXIS 9277

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232571

Published

services in the least restrictive available setting.” § 985.03(21), Fla. Stat. (2007) (emphasis supplied)...

S.G. v. Vurro

77 So. 3d 897, 2012 Fla. App. LEXIS 686, 2012 WL 164068

District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 2352683

Published

from the delinquency definition set forth in section 985.03(8), Florida Statutes (2011), which provides:

V.P. v. State

72 So. 3d 788, 2011 Fla. App. LEXIS 16367, 2011 WL 4949883

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60303312

Published

Chapter 985: secure, nonsecure, and home detention. § 985.03(18), Fla. Stat. (2011). The first sentence of

T.K.B. v. Durham

63 So. 3d 60, 2011 Fla. App. LEXIS 7158, 2011 WL 1879119

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2365894

Published

situation other than those three programs. Section 985.03 does not define the term "abscond." Black's

T.M. v. State

48 So. 3d 1007, 2010 Fla. App. LEXIS 18358, 2010 WL 4909313

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60296433

Published

setting provided for ... in delinquency cases.” See § 985.03(21), Fla. Stat. (2009). When a trial court adjudicates

T.M. v. State

39 So. 3d 559, 2010 Fla. App. LEXIS 10678

District Court of Appeal of Florida | Filed: Jul 22, 2010 | Docket: 60294921

Published

statutes do not define the term “absconder.” See § 985.03, Fla. Stat. (2009). We are persuaded by the third

TM v. State

39 So. 3d 559, 2010 WL 2882612

District Court of Appeal of Florida | Filed: Jul 22, 2010 | Docket: 2409626

Published

statutes do not define the term "absconder." See § 985.03, Fla. Stat. (2009). We are persuaded by the third

Odom v. State

39 So. 3d 366, 2010 Fla. App. LEXIS 8245, 2010 WL 2330425

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 2388594

Published

perimeter security fencing and locking doors. § 985.03(45)(d), Fla. Stat. (2001). Unquestionably, Odom's

SW v. State

26 So. 3d 655, 2010 WL 289172

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 1638739

Published

placement in programs at lower commitment levels. § 985.03(44)(d), Fla. Stat. (2007). The court explained

AAV v. State

9 So. 3d 654, 2009 WL 763536

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 2536235

Published

residential, and maximum-risk residential. See § 985.03(44), Fla. Stat. (2007). Chapter 985 further provides

F.T. v. State

9 So. 3d 42, 2009 Fla. App. LEXIS 3615, 2009 WL 559938

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 60309046

Published

(which are currently statutorily codified in section 985.03(44)(a)-(e), Florida Statutes (2007)) including

D.L.T. v. State

960 So. 2d 913, 2007 Fla. App. LEXIS 11458

District Court of Appeal of Florida | Filed: Jul 26, 2007 | Docket: 64851515

Published

of restrictiveness under this paragraph. . Section 985.03(44)(d), Florida Statutes (2006), defines the

D.O. v. State

961 So. 2d 1053, 2007 Fla. App. LEXIS 11368, 2007 WL 2089306

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 64851623

Published

moderate-risk residential placement pursuant to section 985.03(44)(c), Florida Statutes (2006). Appellant

M.A. v. State

959 So. 2d 380, 2007 Fla. App. LEXIS 9162, 32 Fla. L. Weekly Fed. D 1471

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 64851272

Published

custody of the Department of Juvenile Justice.” § 985.03(43), Fla. Stat. (2004). “Commitment!,] and a probation

BC v. State

947 So. 2d 510, 2006 WL 3613715

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1376656

Published

low risk residential treatment program under section 985.03(46)(b), and had committed a second and third

B.C. v. State

947 So. 2d 510, 2006 Fla. App. LEXIS 20787

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 64848693

Published

low risk residential treatment program under section 985.03(46)(b), and had committed a second and third

L.G. v. State

939 So. 2d 1141, 2006 Fla. App. LEXIS 17206

District Court of Appeal of Florida | Filed: Oct 16, 2006 | Docket: 64847362

Published

subsections (44) and (46) in pari materia. Section 985.03(44) provides as follows: “Probation” means

J.M. v. State

939 So. 2d 1138, 2006 Fla. App. LEXIS 17013

District Court of Appeal of Florida | Filed: Oct 13, 2006 | Docket: 64847359

Published

placement in programs at lower commitment levels.” § 985.03(46)(d), Fla. Stat. (2005). Nothing in this case

FH v. Dobuler

947 So. 2d 458, 2006 WL 2821114

District Court of Appeal of Florida | Filed: Sep 14, 2006 | Docket: 1376392

Published

is not synonymous with "secure detention." See § 985.03(19) (defining three types of detention care, one

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

facility may provide for single cell occupancy. § 985.03(46)(d), Fla. Stat. (2005). Residential commitments

J.A.R. v. State

923 So. 2d 604, 2006 Fla. App. LEXIS 4235

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 64842992

Published

programs available in a moderate-risk placement. See § 985.03(45)(a)-(b) (generally defining the restrictiveness

C.N.H. v. State

927 So. 2d 1, 2006 Fla. App. LEXIS 1996, 2006 WL 357889

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 64844183

Published

2005); Fla. R.App. P. 9.140(b)(2)(A). . See § 985.03(15), Fla. Stat. (2005). . For example, the purpose

J.D. v. State

920 So. 2d 209, 2006 Fla. App. LEXIS 1870, 2006 WL 348701

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 64842191

Published

member of a commitment facility as defined in section 985.03(45), commits a felony of the third degree.

N.B. v. State

911 So. 2d 833, 2005 Fla. App. LEXIS 13792

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 64840496

Published

placement and services in [a] residential setting[].” § 985.03(45)(a), Fla. Stat. (2004). The judge did not at

State v. J.C.

916 So. 2d 847, 2005 Fla. App. LEXIS 12792

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64841398

Published

the surcharge for “a violation.” According to section 985.03(58), Florida Statutes (2004),2 a delinquent

S.L.G. v. State

912 So. 2d 613, 2005 Fla. App. LEXIS 12203, 2005 WL 1842581

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 64840636

Published

938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a “ ‘violation

V.K.E. v. State

902 So. 2d 343, 2005 Fla. App. LEXIS 8060

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838431

Published

violation of section 784.03 (battery statute), and section 985.03(58) defines “violation of law” or a “delinquent

V.K.E. v. State

902 So. 2d 343, 2005 Fla. App. LEXIS 8060

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838431

Published

violation of section 784.03 (battery statute), and section 985.03(58) defines “violation of law” or a “delinquent

T.N. v. State

896 So. 2d 878, 2005 Fla. App. LEXIS 2453

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 64836888

Published

snatching is not a qualifying offense under section 985.03(48), Florida Statutes (2003). We agree and

K.M. v. State

891 So. 2d 619, 2005 Fla. App. LEXIS 978

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835482

Published

denial of that motion, K.M. filed this appeal. Section 985.03(45), Florida Statutes (2003), defines moderate-risk

W.W. v. State

890 So. 2d 361, 2004 Fla. App. LEXIS 19644, 2004 WL 2952733

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 64835272

Published

commitment to a high-risk facility. It cited to section 985.03(45)(c), Florida Statutes (2002), which defines

S.S.M. v. State

898 So. 2d 84, 2004 Fla. App. LEXIS 18304

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64837323

Published

938.08, Fla. Stat. (2004) (emphasis added). Section 985.03(58), Florida Statutes (2004), defines a “ ‘violation

A.W. v. State

862 So. 2d 858, 2003 Fla. App. LEXIS 18763

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 64827302

Published

facility may provide for single cell occupancy. § 985.03(45)(c), Fla. Stat. (2002). In other cases where

J.A.D. ex rel. J.G.D. v. State

855 So. 2d 1199, 2003 WL 22316764

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 64825710

Published

residential program until his 21st birthday. See § 985.03(48), Fla. Stat. (2001). However, the disposition

K.S. v. State

835 So. 2d 350, 2003 Fla. App. LEXIS 470

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820074

Published

violations of her community supervision. A review of section 985.03(45), Florida Statutes (2001), provides the

A.J. v. State

826 So. 2d 528, 2002 Fla. App. LEXIS 14003

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 64817671

Published

AFFIRMED. PETERSON and PLEUS, JJ., concur. .Section 985.03(45)(c), Florida Statutes defines a high-risk

S.S.M. v. State

814 So. 2d 1234, 2002 Fla. App. LEXIS 6022

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 64814705

Published

was necessary to protect the “public safety.” § 985.03(45)(c), Fla. Stat. (2001). We vacate the commitment

R.F. v. State

798 So. 2d 17, 2001 Fla. App. LEXIS 14632, 2001 WL 1202787

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 64809676

Published

custody” is not further defined in the rule, Section 985.03(53), Florida Statutes (1999), gives the following

B.T.S. v. State

798 So. 2d 784, 2001 Fla. App. LEXIS 13809, 2001 WL 1159573

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 64809805

Published

remanded. NORTHCUTT and WHATLEY, JJ„ Concur. . See § 985.03(47), Fla. Stat. (2000). . B.T.S.'s disposition

J.G. v. State

783 So. 2d 1233, 2001 Fla. App. LEXIS 6589

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 64805107

Published

services, and post-commitment community control. § 985.03(4), Fla.Stat. (1999). .J.G. was born June 5

C.C.M. v. State

782 So. 2d 537, 2001 Fla. App. LEXIS 5051

District Court of Appeal of Florida | Filed: Apr 17, 2001 | Docket: 64804782

Published

special treatment for juvenile sex offenders. Section 985.03(31), Florida Statutes defines a juvenile sex

R.A. v. State

756 So. 2d 1115, 2000 Fla. App. LEXIS 5518, 2000 WL 560942

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64797076

Published

petitions this court for a Writ of Habeas Corpus. Section 985.03(13), Florida Statutes (1999), provides that

Presley v. State

755 So. 2d 144, 2000 Fla. App. LEXIS 1691, 25 Fla. L. Weekly Fed. D 493

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 64796578

Published

member of a commitment facility as defined in section 985.03(47)(formerly 985.03(46)). WARNER, C.J., SHAHOOD

F.N. v. State

745 So. 2d 1149, 1999 Fla. App. LEXIS 17062

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64792731

Published

placed the defendant on community control. Section 985.03(13), Florida Statutes (1999), defines “community

T.S.D. v. State

742 So. 2d 536, 1999 Fla. App. LEXIS 14230

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64791436

Published

high-risk residential placement (level 8). See § 985.03(45), Fla. Stat. (1997); J.E. v. State, 676 So

TSD v. State

742 So. 2d 536, 1999 WL 973562

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 1303322

Published

high-risk residential placement (level 8). See § 985.03(45), Fla. Stat. (1997); J.E. v. State, 676 So

D.A.C. v. State

728 So. 2d 828, 1999 Fla. App. LEXIS 4189, 1999 WL 177297

District Court of Appeal of Florida | Filed: Apr 1, 1999 | Docket: 64786938

Published

serious or habitual juvenile offender pursuant to section 985.03(47). § 985.31(3)(e), Fla. Stat. (1997). Contrary

Interest of A.C.N. v. State

727 So. 2d 368, 1999 Fla. App. LEXIS 2402

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 64786498

Published

recommended a low-risk residential placement. See section 985.03(45)(b), Florida Statutes (1997). The trial

J.L.O. v. State

721 So. 2d 440, 1998 Fla. App. LEXIS 15256

District Court of Appeal of Florida | Filed: Dec 4, 1998 | Docket: 64784549

Published

restrictiveness level vis-a-vis the needs of the child. See § 985.03(45)(1997). Section 985.215(10)(a)(Z) (1997)1 places

State v. E.D.P.

724 So. 2d 1144, 23 Fla. L. Weekly Supp. 524, 1998 Fla. LEXIS 1897

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 64785829

Published

children." Id. § 39.01(59)(current version at § 985.03(45), Fla. Stat. (1997)). .Community control

State v. S.C.W.

718 So. 2d 320, 1998 Fla. App. LEXIS 11616

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 64783186

Published

(1997); § 39.0471, Fla. Stat. (1995). . See § 985.03(29), Fla. Stat.(1997); § 39.001(33), Fla. Stat

SC v. Peterson

718 So. 2d 220, 1998 WL 429971

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 1515047

Published

preliminary to commitment to a custodial program. Section 985.03(18)(c) provides in pertinent part: (18) "Detention