Florida Statutes
Fla. Stat. § 985.438 (2025)
Graduated response matrix.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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985.438 Graduated response matrix.—
(1) The department shall create and administer a statewide plan to hold youths accountable to the terms of their court-ordered probation and the terms of their conditional release. The plan must be based upon the principle that sanctions must reflect the seriousness of the violation, provide immediate accountability for violations, the assessed criminogenic needs and risks of the child, and the child’s age and maturity level. The plan is designed to provide swift and appropriate consequences or incentives to a child who is alleged to be noncompliant with or in violation of his or her probation.
(2) The graduated response matrix shall outline sanctions for youth based on their risk to reoffend and shall include, but not be limited to:
(a) Increased contacts.
(b) Increased drug tests.
(c) Curfew reductions.
(d) Increased community service.
(e) Additional evaluations.
(f) Addition of electronic monitoring.
(3) The graduated response matrix shall be adopted in rule by the department.
Notes of Decisions
Cited in 3
cases, 2008–2016 · leading case: D.G. v. State, 170 So. 3d 1 (Fla. 2d DCA 2015).
D.G. v. State, 170 So. 3d 1 (Fla. 2d DCA 2015). “in a juvenile sexual offender program exempted it from the required deference to DJJ’s recommendation regarding the appropriate restrictiveness level of a commitment under section 985.438(7). We are not inclined to agree, if for no other reason than the absence of statutory…”
E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008). “The court shall state for the record the reasons that establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.”
C.C. v. State, 206 So. 3d 808 (Fla. 1st DCA 2016). “Section 985.438, Florida Statutes (2016), governs disposition hearings in delinquency cases.”
— 985.438(7) — 1 case
D.G. v. State, 170 So. 3d 1 (Fla. 2d DCA 2015). “in a juvenile sexual offender program exempted it from the required deference to DJJ’s recommendation regarding the appropriate restrictiveness level of a commitment under section 985.438(7). We are not inclined to agree, if for no other reason than the absence of statutory…”
— 985.438(7)(b) — 1 case
E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008). “The court shall state for the record the reasons that establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.”
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