Florida Statute 985.435 | 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. 985.435

985.435 Probation; community service.—

(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing, place the child in a probation program. Such placement must be under the supervision of an authorized agent of the department or of any other person or agency specifically authorized and appointed by the court, whether in the child’s own home, in the home of a relative of the child, or in some other suitable place under such reasonable conditions as the court may direct.

(2) A probation program for an adjudicated delinquent child must include a penalty component such as:

(a) Restitution in money or in kind;

(b) Community service;

(d) Revocation or suspension of the driver license of the child; or

(e) Other nonresidential punishment appropriate to the offense.

(3) A probation program must also include a rehabilitative program component such as a requirement of participation in substance abuse treatment or in a school or career and technical education program. The nonconsent of the child to treatment in a substance abuse treatment program in no way precludes the court from ordering such treatment. Upon the recommendation of the department at the time of disposition, or subsequent to disposition pursuant to the filing of a petition alleging a violation of the child’s conditions of probation, the court may order the child to submit to random testing for the purpose of detecting and monitoring the use of alcohol or controlled substances.

(4) A probation program must include an alternative consequence component to address instances in which a child is noncompliant with technical conditions of his or her probation but has not committed any new violations of law. The alternative consequence component must be aligned with the department’s graduated response matrix as described in s. 985.438.

(5) An identification of the child’s risk of reoffending shall be provided by the department, taking into account the child’s needs and risks relative to probation supervision requirements to reasonably ensure the public safety. Probation programs for children shall be supervised by the department or by any other person or agency specifically authorized by the court. These programs must include, but are not limited to, structured or restricted activities as described in this section and s. 985.439, and shall be designed to encourage the child toward acceptable and functional social behavior.

(6) If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabilitation needs identified for the child and may not exceed the term for which sentence could be imposed if the child were committed for the offense, except that the duration of such supervision or program for an offense that is a misdemeanor of the second degree, or is equivalent to a misdemeanor of the second degree, may be for a period not to exceed 6 months.

(7) The court may conduct judicial review hearings for a child placed on probation for the purpose of fostering accountability to the judge and compliance with other requirements, such as restitution and community service. The court may allow early termination of probation for a child who has substantially complied with the terms and conditions of probation.

History.—s. 39, ch. 97-238; s. 1, ch. 98-55; s. 14, ch. 98-207; s. 82, ch. 98-280; s. 132, ch. 99-3; s. 15, ch. 99-284; s. 31, ch. 2000-135; s. 24, ch. 2001-125; s. 6, ch. 2005-263; s. 46, ch. 2006-120; s. 23, ch. 2014-162; s. 3, ch. 2021-219; s. 13, ch. 2024-130.

Note.—Former s. 985.231(1)(a).

F.S. 985.435 on Google Scholar

F.S. 985.435 on Casetext

Amendments to 985.435

Arrestable Offenses / Crimes under Fla. Stat. 985.435

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.435.

Annotations, Discussions, Cases:

Cases Citing Statute 985.435

Total Results: 19

R.M.A., a Juvenile v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-09

Snippet: entitled to have his probation terminated under § 985.435(7), Florida Statutes, and to have his charges dismissed

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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-19

Snippet: behaviors were taken into consideration. “Per F.S 985.435(4) The Department respectfully recommends

O.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-01-08

Snippet: with the terms and conditions of probation. § 985.435(7), Fla. Stat. (2017). The State’s argument that

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

Citation: 218 So. 3d 890, 2017 Fla. App. LEXIS 60

Snippet: for discharge. 3. Order disposition under ss. 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455

K.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

Citation: 152 So. 3d 117, 2014 Fla. App. LEXIS 19629, 2014 WL 6789898

Snippet: if the child were committed for the offense.” § 985.435(5), Fla. Stat. (2012); see also A.W. v. State,

K.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

Snippet: child were committed for the offense." § 985.435(5), Fla. Stat. (2012); see also A.W. v. State

T.J.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-09-11

Citation: 121 So. 3d 635, 2013 WL 4821677, 2013 Fla. App. LEXIS 14457

Snippet: this condition of his probation. Neither section 985.435, Florida Statutes (2012), nor Form 8.947 of the

S.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-08-09

Citation: 135 So. 3d 1092, 2013 WL 4033993, 2013 Fla. App. LEXIS 12463

Snippet: first-degree misdemeanor. See §§ 775.082(4)(a), 843.02, 985.435(5), Fla. Stat. (2012); R.F. v. State, 42 So.3d

D.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-13

Citation: 87 So. 3d 49, 2012 Fla. App. LEXIS 5650, 2012 WL 1232006

Snippet: impose on an adult for the same offense. See § 985.435(5), .455(3), Fla. Stat. (2009). Where, as here

R.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-18

Citation: 42 So. 3d 333, 2010 Fla. App. LEXIS 12166

Snippet: an adult could serve for the same crime. See §§ 985.435(5), .455(3), Fla. Stat. (2007).1 However, this

RF v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-18

Citation: 42 So. 3d 333, 2010 WL 3239000

Snippet: an adult could serve for the same crime. See §§ 985.435(5), .455(3), Fla. Stat. (2007).[1] However, this

J.A.B. v. State

Court: Supreme Court of Florida | Date Filed: 2010-01-07

Citation: 25 So. 3d 554, 35 Fla. L. Weekly Supp. 5, 2010 Fla. LEXIS 5

Snippet: 985.231(l)(a)(l), Fla. Stat. (2005);4 see also § 985.435(2)(a), Fla. Stat. (2009). The court may order the

JAB v. State

Court: Supreme Court of Florida | Date Filed: 2010-01-07

Citation: 25 So. 3d 554, 2010 WL 26540

Snippet: 231(1)(a)(1), Fla. Stat. (2005);[4]see also § 985.435(2)(a), Fla. Stat. (2009). The court may order the

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: (a) Notwithstanding ss. 743.07, 985.43, 985.433, 985.435, 985.439, and 985.441, and except as provided in

EDB v. State

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

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

Snippet: (a) Notwithstanding ss. 743.07, 985.43, 985.433, 985.435, 985.439, and 985.441, and except as provided in

L.D.K. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-02-10

Citation: 32 So. 3d 64, 2009 Fla. App. LEXIS 1059

Snippet: if the child were committed for the offense.” § 985.435(5), Fla. Stat. (2007). A juvenile’s period of commitment

LDK v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-02-10

Citation: 32 So. 3d 64, 2009 WL 331662

Snippet: if the child were committed for the offense." § 985.435(5), Fla. Stat. (2007). A juvenile's period of commitment

J.W.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-11-17

Citation: 994 So. 2d 1223, 2008 Fla. App. LEXIS 17639

Snippet: affirmed because they are authorized by section 985.435(2)-(3), Florida Statutes (2007), and did not have

JWJ v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-11-17

Citation: 994 So. 2d 1223, 2008 WL 4899179

Snippet: affirmed because they are authorized by section 985.435(2)-(3), Florida Statutes (2007), and did not have