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The 2025 Florida Statutes
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F.S. 985.439985.439 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 985.439
Total Results: 12
134 So. 3d 502, 2014 WL 537562, 2014 Fla. App. LEXIS 1839
District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60239252
Cited 3 times | Published
the juvenile violation of probation statute, section 985.439, Florida Statutes (2011). The orders granted
979 So. 2d 308, 2008 WL 724124
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1714467
Cited 3 times | Published
was limited to the remedies prescribed in section 985.439(4)(a)-(d), Florida Statutes (2007):
(4) If
93 So. 3d 1166, 2012 WL 3111688, 2012 Fla. App. LEXIS 12511
District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310471
Cited 1 times | Published
corresponding petition with the court pursuant to section 985.439(l)(b), Florida Statutes (2010), and Florida
93 So. 3d 396, 2012 WL 2470130, 2012 Fla. App. LEXIS 10587
District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310569
Cited 1 times | Published
petition alleging a violation of probation. See § 985.439.
The child appeared in court on February 18, 2011
District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369347
Published
have committed a delinquent act. Instead,
section 985.439, Florida Statutes (2021), entitled “Violation
District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295935
Published
4
V.L.H. could be detained under section 985.439, Florida Statutes, but
V.L.H.’s counsel argued
267 So. 3d 414
District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693183
Published
imposed at the original disposition hearing.” § 985.439(4), Fla.
Stat. (2014).
Despite our affirmance
240 So. 3d 885
District Court of Appeal of Florida | Filed: Mar 23, 2018 | Docket: 64675912
Published
petition alleging a violation of the program." § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated
District Court of Appeal of Florida | Filed: Mar 23, 2018 | Docket: 6343791
Published
petition alleging a
violation of the program." § 985.439(1)(b), Fla. Stat. (2016). We have not hesitated
135 So. 3d 523, 2014 WL 1255285, 2014 Fla. App. LEXIS 4611
District Court of Appeal of Florida | Filed: Mar 28, 2014 | Docket: 60239677
Published
with GPS monitoring based upon her reading of section 985.439(4), Florida Statutes. That section details
39 So. 3d 559, 2010 Fla. App. LEXIS 10678
District Court of Appeal of Florida | Filed: Jul 22, 2010 | Docket: 60294921
Published
court may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether
39 So. 3d 559, 2010 WL 2882612
District Court of Appeal of Florida | Filed: Jul 22, 2010 | Docket: 2409626
Published
court may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether
