Florida Statutes
Fla. Stat. § 985.439 (2025)
Violation of probation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
985.439 Violation of probation.—
(1)(a) This section is applicable when the court has jurisdiction over a child on probation, regardless of adjudication.
(b) If the conditions of the probation program are violated, the department or the state attorney may bring the child before the court on a petition alleging a violation of the program. A child who violates the conditions of probation must be brought before the court if sanctions are sought.
(c) Upon receiving notice of a violation of probation from the department, the state attorney must file the violation within 5 days or provide in writing to the department and the court the reason as to why he or she is not filing.
(2) A child taken into custody under s. 985.101 for violating the conditions of probation shall be screened and detained or released based on his or her risk assessment instrument score.
(3) If the child denies violating the conditions of probation, the court shall, upon the child’s request, appoint counsel to represent the child.
(4) Upon the child’s admission, or if the court finds after a hearing that the child has violated the conditions of probation, the court shall enter an order revoking, modifying, or continuing probation. In each such case, the court shall enter a new disposition order and, in addition to the sanctions set forth in this section, may impose any sanction the court could have imposed at the original disposition hearing. If the child is found to have violated the conditions of probation, the court may:
(a) Place the child in supervised release detention with electronic monitoring.
(b) If the violation of probation is technical in nature and not a new violation of law, place the child in an alternative consequence program designed to provide swift and appropriate consequences to any further violations of probation.
(c) Modify or continue the child’s probation program.
(d) Revoke probation and commit the child to the department.
(e) Allow the department to place a child on electronic monitoring for a violation of probation if it determines doing so will preserve and protect public safety.
(5) 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.
History.—s. 48, ch. 2006-120; s. 24, ch. 2014-162; s. 14, ch. 2018-86; s. 8, ch. 2021-219; s. 15, ch. 2024-130.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 2008–2026 · leading case: R.H. v. State, 93 So. 3d 1166 (Fla. 2d DCA 2012).
R.H. v. State, 93 So. 3d 1166 (Fla. 2d DCA 2012). “However, neither the State nor the Department of Juvenile Justice (DJJ) filed a corresponding petition with the court pursuant to section 985.439(l)(b), Florida Statutes (2010), and Florida Rule of Juvenile Procedure 8.”
D.s., a Child v. State of Florida, 267 So. 3d 414 (Fla. 4th DCA 2019). “At that time, the juvenile admitted to violating probation and the court had the authority to “impose any sanction [it] could have imposed at the original disposition hearing.”
T.L.H. v. State, 93 So. 3d 396 (Fla. 2d DCA 2012). “See § 985.439. The child appeared in court on February 18, 2011, in connection with the grand theft charge.”
BM v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008). “Having so chosen, the court was limited to the remedies prescribed in section 985.439(4)(a)-(d), Florida Statutes (2007): (4) If the child is found to have violated the conditions of probation or postcommitment probation, the court may: (a) Place the child in a consequence unit…”
A.M.R. v. State, 134 So. 3d 502 (Fla. 4th DCA 2014). “06, Florida Statutes (2011), instead of the juvenile violation of probation statute, section 985.439, Florida Statutes (2011).”
T.M. v. State, 39 So. 3d 559 (Fla. 4th DCA 2010). “After such hearing, the trial court may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether the juvenile should be released.”
V.l.h., a Juv. v. State (Fla. 3d DCA 2021). “could be detained under section 985.439, Florida Statutes, but V.”
State of Florida v. T. a. K. (Fla. 2d DCA 2018). “" § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated to reverse orders revoking a juvenile's probation absent a filed petition.”
State v. T.A.K., 240 So. 3d 885 (Fla. 2d DCA 2018). “" § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated to reverse orders revoking a juvenile's probation absent a filed petition.”
T. A. F. v. State of Florida (Fla. 6th DCA 2026). “See § 985.439(1)(a), Fla. Stat. (2023); see also K.”
L.s., a Child v. State of Florida (Fla. 4th DCA 2022). “Instead, section 985.439, Florida Statutes (2021), entitled “Violation of probation 4 or postcommitment probation,” governs the proceedings in question, and it contains no comparable discussion requirements.”
R.A.J. v. State, 135 So. 3d 523 (Fla. 5th DCA 2014). “petitions for a writ of habeas corpus, arguing that she should be immediately released from home detention with GPS monitoring based upon her reading of section 985.439(4), Florida Statutes. That section details some of the sanctions that may be imposed upon a juvenile after a…”
— 985.439(1)(a) — 1 case
T. A. F. v. State of Florida (Fla. 6th DCA 2026). “See § 985.439(1)(a), Fla. Stat. (2023); see also K.”
— 985.439(1)(b) — 3 cases
T.L.H. v. State, 93 So. 3d 396 (Fla. 2d DCA 2012). “See § 985.439. The child appeared in court on February 18, 2011, in connection with the grand theft charge.”
State of Florida v. T. a. K. (Fla. 2d DCA 2018). “" § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated to reverse orders revoking a juvenile's probation absent a filed petition.”
State v. T.A.K., 240 So. 3d 885 (Fla. 2d DCA 2018). “" § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated to reverse orders revoking a juvenile's probation absent a filed petition.”
— 985.439(4) — 4 cases
D.s., a Child v. State of Florida, 267 So. 3d 414 (Fla. 4th DCA 2019). “At that time, the juvenile admitted to violating probation and the court had the authority to “impose any sanction [it] could have imposed at the original disposition hearing.”
V.l.h., a Juv. v. State (Fla. 3d DCA 2021). “could be detained under section 985.439, Florida Statutes, but V.”
R.A.J. v. State, 135 So. 3d 523 (Fla. 5th DCA 2014). “petitions for a writ of habeas corpus, arguing that she should be immediately released from home detention with GPS monitoring based upon her reading of section 985.439(4), Florida Statutes. That section details some of the sanctions that may be imposed upon a juvenile after a…”
T. A. F. v. State of Florida (Fla. 6th DCA 2026). “See § 985.439(1)(a), Fla. Stat. (2023); see also K.”
— 985.439(4)(a) — 1 case
BM v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008). “Having so chosen, the court was limited to the remedies prescribed in section 985.439(4)(a)-(d), Florida Statutes (2007): (4) If the child is found to have violated the conditions of probation or postcommitment probation, the court may: (a) Place the child in a consequence unit…”
— 985.439(l)(b) — 1 case
R.H. v. State, 93 So. 3d 1166 (Fla. 2d DCA 2012). “However, neither the State nor the Department of Juvenile Justice (DJJ) filed a corresponding petition with the court pursuant to section 985.439(l)(b), Florida Statutes (2010), and Florida Rule of Juvenile Procedure 8.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.