Florida Statute 985.43 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.43

985.43 Predisposition reports; other evaluations.—

(1) Upon a finding that the child has committed a delinquent act:

(a) The court may order the department to prepare a predisposition report regarding the child’s eligibility for disposition other than by adjudication and commitment to the department or for disposition of adjudication, commitment to the department, and, if appropriate, assignment of a residential commitment level. The predisposition report shall be the result of the multidisciplinary assessment, when such assessment is needed, and of the classification and placement process, and it shall indicate and report the child’s priority needs, recommendations as to a classification of risk for the child in the context of his or her program and supervision needs, and a plan for treatment that recommends the most appropriate placement setting to meet the child’s needs with the minimum program security that reasonably ensures public safety. A predisposition report shall be ordered for any child for whom a residential commitment disposition is anticipated or recommended by an officer of the court or by the department.

(b) A comprehensive evaluation for physical health; mental health; substance abuse; or academic, educational, or vocational problems shall be ordered for any child for whom a residential commitment disposition is anticipated or recommended by an officer of the court or by the department. If a comprehensive evaluation is ordered, the predisposition report shall include a summary of the comprehensive evaluation.

(c) A child who was not in secure detention at the time of the adjudicatory hearing, but for whom residential commitment is anticipated or recommended, may be placed under a special detention order, as provided in s. 985.26(5), for the purpose of conducting a comprehensive evaluation.

(2) The court shall consider the child’s entire assessment and predisposition report and shall review the records of earlier judicial proceedings before making a final disposition of the case. If the child is under the jurisdiction of a dependency court, the court may receive and consider any information provided by the Statewide Guardian ad Litem Office and the child’s attorney ad litem, if one is appointed. The court may, by order, require additional evaluations and studies to be performed by the department; the county school system; or any social, psychological, or psychiatric agency of the state. The court shall order the educational needs assessment completed under s. 985.18(2) to be included in the assessment and predisposition report.

(3) The predisposition report, together with all other reports and evaluations used by the department in preparing the predisposition report, shall be made available to the child, the child’s parents or legal guardian, the child’s legal counsel, and the state attorney upon completion of the report and at a reasonable time prior to the disposition hearing. The predisposition report shall be submitted to the court upon completion of the report but no later than 48 hours prior to the disposition hearing. The predisposition report shall not be reviewed by the court without the consent of the child and his or her legal counsel until the child has been found to have committed a delinquent act.

History.—s. 37, ch. 97-238; s. 29, ch. 2000-135; s. 44, ch. 2006-120; s. 2, ch. 2019-10; s. 45, ch. 2024-70.

Note.—Subsection (3) former s. 985.229(3).

F.S. 985.43 on Google Scholar

F.S. 985.43 on Casetext

Amendments to 985.43

Arrestable Offenses / Crimes under Fla. Stat. 985.43

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.43.

Annotations, Discussions, Cases:

Cases Citing Statute 985.43

Total Results: 11

V.L.H., A JUVENILE v. State

Court: District Court of Appeal of Florida | Date Filed: 2021-02-17

Snippet: predisposition report from the DJJ. We agree. Section 985.43(1)(a), Florida Statutes (2020), provides, in part

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: court approval; breach of fiduciary duty. § 985.43, Fla. Stat. Predisposition reports; other evaluations

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

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 268 So. 3d 163

Snippet: department.” This requirement is repeated in section 985.43(1)(b), Florida Statutes (2018), which provides

E.G., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-01-09

Citation: 263 So. 3d 81

Snippet: 2 Section 985.43(1)(a), Florida Statutes (2017), provides that a

D.G. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-03-25

Citation: 170 So. 3d 1, 2015 Fla. App. LEXIS 4250, 2015 WL 1312646

Snippet: mark omitted). Part VII' of this chapter (sections 985.43-985.494) addresses the disposition process. However

B.K.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-10-02

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

Snippet: predisposition report (“PDR”) pursuant to section 985.43, Florida Statutes. The PDR included discussion

K.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-09-19

Citation: 97 So. 3d 966, 2012 WL 4094477, 2012 Fla. App. LEXIS 15728

Snippet: 911 So.2d 885, 886 (Fla. 1st DCA 2005). Section 985.43(2) mandates that the court “consider the child’s

E.D.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-27

Citation: 5 So. 3d 787, 2009 Fla. App. LEXIS 2658

Snippet: [[Image here]] (5) (a) Notwithstanding ss. 743.07, 985.43, 985.433, 985.435, 985.439, and 985.441, and except

EDB v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-27

Citation: 5 So. 3d 787, 2009 WL 790131

Snippet: law. . . . . (5) (a) Notwithstanding ss. 743.07, 985.43, 985.433, 985.435, 985.439, and 985.441, and except

E.A.R. v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-30

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

Snippet: Fla. Stat. (2007) (emphasis supplied); see also § 985.43(l)(a), Fla. Stat. (2007) (substantially similar)

EAR v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-30

Citation: 4 So. 3d 614, 2009 WL 217979

Snippet: Fla. Stat. (2007) (emphasis supplied); see also § 985.43(1)(a), Fla. Stat. (2007) (substantially similar)