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The 2025 Florida Statutes
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F.S. 985.435985.435 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; (c) A curfew; (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).
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Annotations, Discussions, Cases:
Cases Citing Statute 985.435
Total Results: 14
994 So. 2d 1223, 2008 WL 4899179
District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 1666931
Cited 5 times | Published
be affirmed because they are authorized by section 985.435(2)-(3), Florida Statutes (2007), and did not
32 So. 3d 64, 2009 WL 331662
District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 1198498
Cited 2 times | Published
if the child were committed for the offense." § 985.435(5), Fla. Stat. (2007). A juvenile's period of
152 So. 3d 117, 2014 Fla. App. LEXIS 19629, 2014 WL 6789898
District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 60244704
Cited 1 times | Published
if the child were committed for the offense.” § 985.435(5), Fla. Stat. (2012); see also A.W. v. State
25 So. 3d 554, 2010 WL 26540
Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 2409830
Cited 1 times | Published
985.231(1)(a)(1), Fla. Stat. (2005);[4]see also § 985.435(2)(a), Fla. Stat. (2009). The court may order
25 So. 3d 554, 35 Fla. L. Weekly Supp. 5, 2010 Fla. LEXIS 5
Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 60287600
Cited 1 times | Published
985.231(l)(a)(l), Fla. Stat. (2005);4 see also § 985.435(2)(a), Fla. Stat. (2009). The court may order
994 So. 2d 1223, 2008 Fla. App. LEXIS 17639
District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 64856851
Cited 1 times | Published
be affirmed because they are authorized by section 985.435(2)-(3), Florida Statutes (2007), and did not
District Court of Appeal of Florida | Filed: Feb 9, 2024 | Docket: 68238493
Published
entitled to have his probation terminated under
§ 985.435(7), Florida Statutes, and to have his charges
District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 15798577
Published
behaviors were taken into consideration. “Per F.S 985.435(4)
The Department respectfully recommends
District Court of Appeal of Florida | Filed: Jan 8, 2018 | Docket: 6262721
Published
with the terms and conditions of probation.
§ 985.435(7), Fla. Stat. (2017). The State’s argument that
218 So. 3d 890, 2017 Fla. App. LEXIS 60
District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60266278
Published
commitment followed by post-commitment probation. Section 985.435, one of the juvenile statutes cited in section
District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610877
Published
the child were committed for the offense." § 985.435(5),
Fla. Stat. (2012); see also A.W. v. State
121 So. 3d 635, 2013 WL 4821677, 2013 Fla. App. LEXIS 14457
District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60234473
Published
of this condition of his probation.
Neither section 985.435, Florida Statutes (2012), nor Form 8.947 of
87 So. 3d 49, 2012 Fla. App. LEXIS 5650, 2012 WL 1232006
District Court of Appeal of Florida | Filed: Apr 13, 2012 | Docket: 60308003
Published
impose on an adult for the same offense. See § 985.435(5), .455(3), Fla. Stat. (2009). Where, as here
32 So. 3d 64, 2009 Fla. App. LEXIS 1059
District Court of Appeal of Florida | Filed: Feb 10, 2009 | Docket: 60289875
Published
if the child were committed for the offense.” § 985.435(5), Fla. Stat. (2007). A juvenile’s period of
