Florida Statute 985.439 | 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. 985.439

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.

(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.

F.S. 985.439 on Google Scholar

F.S. 985.439 on Casetext

Amendments to 985.439

Arrestable Offenses / Crimes under Fla. Stat. 985.439

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.439.

Annotations, Discussions, Cases:

Cases Citing Statute 985.439

Total Results: 16

L.S., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-08T00:53:00-07:00

Snippet: have committed a delinquent act. Instead, section 985.439, Florida Statutes (2021), entitled “Violation of

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-16T23:53:00-08:00

Snippet: 4 V.L.H. could be detained under section 985.439, Florida Statutes, but V.L.H.’s counsel argued…commits the child to the DJJ, relying on section 985.439, Florida Statutes (2020), which is titled “Violation…probation or postcommitment probation.” Section 985.439(4) provides that following a hearing, if the trial…after he violated probation). Although section 985.439(4) only states that a “new disposition order” … mention a new predisposition report, section 985.439(4) should not be read in isolation, but in pari

D.S., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-13T00:53:00-07:00

Snippet: imposed at the original disposition hearing.” § 985.439(4), Fla. Stat. (2014). Despite our affirmance…. 3d 570, 572 (Fla. 4th DCA 2011)); see also § 985.439(4), Fla. Stat. (2014) (“Upon the child’s admission

STATE OF FLORIDA v. T. A. K.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-23T00:53:00-07:00

Snippet: alleging a violation of the program." § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated….H., 93 So. 3d at 1167 ("Because section 985.439(1)(b) and [Florida Rule of Juvenile Procedure]

State v. T.A.K.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-23T00:00:00-07:00

Citation: 240 So. 3d 885

Snippet: petition alleging a violation of the program." § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated… R.H., 93 So.3d at 1167 ("Because section 985.439(1)(b) and [Florida Rule of Juvenile Procedure]

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-04T00:00:00-08:00

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

Snippet: Order disposition under ss. 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455 as an alternative

R.A.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-28T00:00:00-07:00

Citation: 135 So. 3d 523, 2014 WL 1255285, 2014 Fla. App. LEXIS 4611

Snippet: GPS monitoring based upon her reading of section 985.439(4), Florida Statutes. That section details some

A.M.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-12T00:00:00-08:00

Citation: 134 So. 3d 502, 2014 WL 537562, 2014 Fla. App. LEXIS 1839

Snippet: juvenile violation of probation statute, section 985.439, Florida Statutes (2011). The orders granted A.

State Department of Juvenile Justice v. S.M.

Court: Fla. | Date Filed: 2013-12-12T00:00:00-08:00

Citation: 131 So. 3d 780, 38 Fla. L. Weekly Supp. 887, 2013 WL 6500879, 2013 Fla. LEXIS 2686

Snippet: held only in a consequence unit as provided in s. 985.439. If a consequence unit is not available, the child

R.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-01T00:00:00-07:00

Citation: 93 So. 3d 1166, 2012 WL 3111688, 2012 Fla. App. LEXIS 12511

Snippet: corresponding petition with the court pursuant to section 985.439(l)(b), Florida Statutes (2010), and Florida Rule…So.3d 102 (Fla. 5th DCA 2011)). Because section 985.439(l)(b) and rule 8.120(a)(3) both- require either

T.L.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-29T00:00:00-07:00

Citation: 93 So. 3d 396, 2012 WL 2470130, 2012 Fla. App. LEXIS 10587

Snippet: petition alleging a violation of probation. See § 985.439. The child appeared in court on February 18, 2011… else needed to be filed. We disagree. Section 985.439(1)(b) provides that if the conditions of a child

TM v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-22T00:53:00-07:00

Citation: 39 So. 3d 559

Snippet: may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether the

T.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-22T00:00:00-07:00

Citation: 39 So. 3d 559, 2010 Fla. App. LEXIS 10678

Snippet: may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether the

EDB v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-27T00:53:00-07:00

Citation: 5 So. 3d 787

Snippet: Notwithstanding ss. 743.07, 985.43, 985.433, 985.435, 985.439, and 985.441, and except as provided in ss. 985.465

E.D.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-27T00:00:00-07:00

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

Snippet: Notwithstanding ss. 743.07, 985.43, 985.433, 985.435, 985.439, and 985.441, and except as provided in ss. 985.465

BM v. Dobuler

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-19T00:53:00-07:00

Citation: 979 So. 2d 308

Snippet: limited to the remedies prescribed in section 985.439(4)(a)-(d), Florida Statutes (2007): (4) If the