Florida/Georgia Personal Injury & Workers Compensation

...on 2(i) of the statute, if, after considering the above matters, the court concludes “that the juvenile sexual offender is not amenable to community-based treatment, the court shall proceed with a juvenile sexual offender disposition hearing under s. 985.441.” Section 985.441, Florida Statutes (2010), provides in pertinent part: (1) The court that has jurisdiction of an adjudicated delinquent child may, ......

...he revised recommendation of DJJ. The trial court exercised the authority granted to it by chapter 985 in a manner that does not conflict with the Florida Supreme Court’s decision in E.A.R. AFFIRMED. DAVIS and PADOVANO, JJ., concur. . For example, section 985.441(l)(c), Florida Statutes (2010), applies to a commitment of a *968 juvenile to the DJJ for placement in a program or facility for serious or habitual juvenile offenders. Section 985.441(l)(c)l expressly requires a "delinquency disposition hearing under s. 985.433 that results in a commitment determination” as a condition to the court ordering placement in a program for serious or habitual juvenile offenders. By comparison, section 985.441(d), which gov-eras a commitment to the DJJ for placement in a program or facility for juvenile sexual offenders, makes no reference to a delinquency disposition hearing under section 985.433....

...The Department of Juvenile Justice (DJJ) recommended that K.M.H. be placed on probation with the requirement that she participate in an inpatient drug treatment program. K.M.H. argues that the trial court erred by failing to make the written finding required by section 985.441(2)(d), Florida Statutes, and that such finding was necessary for K.M.H....

...also argues that the trial court erred by failing to comply with the requirements enunciated in E.A.R. v. State, 4 So.3d 614 (Fla.2009) in deviating from DJJ’s recommendation. We agree that reversal is required because the trial court failed to make the written finding mandated by section 985.441(2)(d), Florida Statutes. We decline to reach the second issue raised by K.M.H. The state properly concedes that the trial court did not make the written finding required by section 985.441(2)(d), Florida Statutes, when it committed K.M.H. to a residential placement for a violation of probation based on a misdemeanor offense. Section 985.441, Florida Statutes, was amended in 2011 to restrict the trial court’s authority to commit an adjudicated juvenile to a residential placement for a misdemeanor offense....

...The statute provides that a trial court may not commit a juvenile “for any misdemeanor offense or any probation violation at a restrictiveness level other than minimum-risk nonresidential unless the probation violation is a new violation of law constituting a felony.” § 985.441(2), Fla....

...806.031, or s. 828.12; or *264 (d) The court finds by a preponderance of the evidence that the protection of the public requires such placement or that the particular needs of the child would be best served by such placement. Such finding must be in writing. § 985.441(2), Fla....

...Because the trial court here did not make the required written finding that residential placement is necessary to protect the public or based upon the particular needs of K.M.H., we are constrained to reverse. On remand, the trial court will be provided an opportunity to enter a written order in compliance with section 985.441(2)(d), Florida Statutes, if it can do so....

...escribed a restrictiveness level without first obtaining a recommendation from the Department. Section 985.433, Florida Statutes (2011), *3 governs the disposition hearing 1 when a court has found that a juvenile offender committed a delinquent act; section 985.441 governs commitment....

...985.47 [repealed by chapter 2011-70, § 4, Laws of Florida]. [[Image here]] (d) Commit the child to the department for placement in a program or facility for juvenile sexual offenders in accordance with s. 985.48, subject to specific appropriation for such a program or facility. § 985.441(1)....

...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 language suggesting that the options set forth in section 985.441(1) are mutually exclusive....

...al services in the least restrictive available setting.” E.A.R., 4 So.3d at 631-32 (footnote, citation, and internal quotation marks omitted). Wholly aside from the foregoing, we note that the State’s assertion that the dispositions described in section 985.441(1) are mutually exclusive was not made to the juvenile court, and the court did not treat them as such....

...In dicta, the First District noted that it was "not certain that section 985.433(7)(b) applies to proceedings under section 985.475” regarding juvenile sexual offenders. J.B.S., 90 So.3d at 967 . The reason for the court’s uncertainty turned on the fact that, in the version of section 985.441(1) at issue there, the provision addressing serious or habitual ,, juvenile offenders expressly required a commitment determination under section 985.433, whereas the provision addressing juvenile sexual offenders did not. Id. at 967 n. 1. But that dichotomy has since been eliminated by a statutory amendment that removed the serious or habitual juvenile offender provisions from section 985.441....

...We affirm the adjudication of delinquency, but reverse the disposition order because, as the State properly concedes, the trial court erred in sentencing Appellant to a non-secure residential program without making the required written findings. See § 985.441(2)(d), Fla....

...State, 4 So.3d 614 (Fla.2009), when departing from the recommendation of probation in the predisposition report; and (2) the trial court failed to make written findings to support placement at the moderate-risk residential restrictiveness level as required by section 985.441(2)(d), Florida Statutes....

...State, 122 So.3d 928 (Fla. 1st DCA 2013), and J.B.S. v. State, 90 So.3d 961 (Fla. 1st DCA 2012). We reverse the second issue based upon the State’s confession of error, and we remand for the trial court to make written findings in compliance with section 985.441(2)(d)....

...evel shall be based on objective performance-based treatment planning.” § 985.455(3), Fla. Stat. (2008). Once a trial court has committed a juvenile to a specific restrictiveness level, it falls to DJJ to determine the most appropriate placement. § 985.441(l)(b)....

...Relevant Facts and Procedural Background On February 3, 2016, the trial court found U.T., then age fourteen, delinquent in five cases, involving the charges of petit theft (twice), strong arm robbery, burglary and resisting an officer with violence. Pursuant to section 985.441(1)(b) of the Florida Statutes, the trial court committed U.T....

...The State entered a nolle prosequi on this charge on October 25, 2016, after the victim and a witness failed to appear. 3 order. Notwithstanding U.T.’s ungovernable behavior, at no time did DJJ hold an administrative transfer hearing pursuant to section 985.441(4) of the Florida Statutes....

...was serving his sentence for contempt, he pleaded guilty in three open delinquency 5  II. Analysis A. Introduction On appeal, U.T. asserts that, because U.T. had been “committed” to DJJ pursuant to section 985.441(1)(b) of the Florida Statutes, U.T.’s only disciplinary remedy was for DJJ to conduct a transfer hearing pursuant to section 985.441(4). U.T....

...and if a placement at a high-risk residential facility became available during U.T.’s contempt sentence. 6 governed by the provisions of chapter 985. Specifically, U.T.’s commitment was authorized by section 985.441(1)(b) of the Florida Statutes (2016).5 The general terms and conditions of commitment are outlined in section 985.455(3) of the Florida Statutes (2016). If commitment does not succeed in rehabilitating a child, DJJ may invoke an administrative “transfer” option to find another facility or program to address the child’s ongoing behavior problems. § 985.441(4), Fla....

...custody, care, training, monitoring for substance abuse, electronic monitoring, and treatment of the child and release of the child from residential commitment into the community in a postcommitment nonresidential conditional release program. § 985.441(1)(b), Fla....

resisting an officer with violence. Pursuant to section 985.441(1)(b) of the Florida Statutes, the trial court

...Appellant argues that the court erred by failing to comply with the requirements enunciated in E.A.R. v. State, 4 So.3d 614 (Fla.2009), when it deviated from the Department’s recommendation of probation and that the court erred by failing to make written findings as required by section 985.441(2)(d), Florida Statutes....

...ort, as the court did in J.B.S. v. State, 90 So.3d 961, 967 (Fla. 1st DCA 2012), before it determined that a moderate-risk placement was appropriate for Appellant. Id. The trial court also erred in failing to enter a written order in compliance with section 985.441(2)(d), Florida Statutes....

....01114(4)(b), Florida Statutes) with new form 8.992 (Minor’s Petition to Chief Judge to Require a Hearing on Her Petition for Judicial Waiver of Notice). The proposals are in response to recent amend *217 ments to sections 39.01114(4), 985.47, and 985.441, Florida Statutes (2010). See ch.2011-54, § 1, Laws of Fla. (amending § 985.441, Fla. Stat.); eh.2011-70, § 4, Laws of Fla. (amending § 985.47, Fla. Stat.); ch.2011-227, § 1, Laws of Fla. (amending § 39.01114(4), Fla. Stat.). The amendments to sections 985.47 and 985.441 became effective July 1, 2011....

...We will address each argument in turn. 1. The circuit court erred by placing the juvenile in a high-risk secure residential program when his underlying crimes were misdemeanors and his probation violations were technical in nature.  Section 985.441(2) provides: Notwithstanding subsection (1), the court having jurisdiction over an adjudicated delinquent child whose offense is a misdemeanor, or a child who is currently on probation for a misdemeanor, may n...

...828.12; or (d) The court finds by a preponderance of the evidence that the protection of the public requires such placement or that the particular needs of the child would be best served by such placement. Such finding must be in writing. § 985.441(2)(a)-(d), Fla....

...Based on the foregoing, the juvenile’s positive marijuana test and curfew violation were technical in nature and not new law violations. The highest restrictiveness level to which the circuit court could have committed the juvenile was a non-secure residential program, if any of section 985.441(2)’s subsections a-d had applied, and if not, then minimum-risk nonresidential....

presented a conditional recommendation based upon section 985.441(2), Florida Statutes, that I.D. be committed

...The appellee juvenile in this case, I.D., pled no contest to a misdemeanor battery charge, after which the trial court requested a predisposition report (PDR) from the Department. The Department’s amended report presented a conditional' recommendation based upon section 985.441(2), Florida Statutes, that I.D....

...be committed to a non-secure residential commitment program “conditioned upon the court finding by a preponderance' of the evidence ‘that the protection of the public requires such placement or that the needs of the child would be best served by such placement.’ ” § 985.441(2)(d), Fla....

...5th DCA) (recognizing the State’s standing to appeal on the basis that the trial court departed from the Department’s recommendation without making required findings). The Department’s PDR in this case made a recommendation straight from the statute, § 985.441(2); Tracking the statute, it recommended nonsecure residential place *251 ment for I.D. “conditioned upon” whether the trial court made findings that public safety required the placement or that the needs of the child were best served by the placement. See § 985.441(2)(d), Fla. Stat. By conditioning its recommendation under this statute, the Department’s recommendation incorporated § 985.441(2)’s directive, applicable in the absence of findings, that the court “not commit the child for any misdemeanor offense ......

...ns as though it had deviated from the Department’s restrictiveness level recommendation. III. We thus AFFIRM the trial court’s disposition because it did not deviate from the Department’s recommendation. WETHERELL and M.K. THOMAS, JJ., CONCUR. § 985.441(2), Florida Statutes, states in relevant part: (2) Notwithstanding subsection (1), the court having jurisdiction over an adjudicated delinquent child whose offense is a misdemeanor, or a child who is currently on probation for , a misdemea...

failed to make the written findings mandated by section 985.441(2)(d), Florida Statutes (2018). The State correctly

failed to make the written findings mandated by section 985.441(2)(d), Florida Statutes (2018). The State correctly

...An illegal sentence is one which does not comply with Florida Statutes. Moore v. State, 768 So.2d 1140, 1143 (Fla. 1st DCA 2000); see also Hinson v. State, 709 So.2d 629, 630 (Fla. 1st DCA 1998) (“[A] sentence that exceeds the maximum allowed by statute is an illegal sentence.”). Section 985.441(l)(b), Florida Statutes (2012), empowers a trial court to commit to the supervision of the Department a juvenile that is adjudicated delinquent....

...806.081, or s. 828.12; or (d) The court finds by a preponderance of the evidence that the protection of the public requires such placement or that the particular needs of the child would be best served by such placement. Such finding must be in writing. § 985.441(2), Fla. Stat. (2012). Here, in Case Number CJ-538, D.H. was found guilty only of misdemean- or battery. Pursuant to section 985.441(2), he could be committed, at the most, to a moderate or low-risk facility....

...The department shall notify the court of,its intent to discharge no later than 14 days prior to discharge. Failure of the court to timely respond to the department’s notice shall be considered approval for discharge. 3. Order disposition under ss. 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455 as an alternative to youthful of-, fender or adult sentencing if the court •determines not to impose youthful offender or adult sanctions....

...without addressing any related provisions that further reveal the Legislature’s intent and address the broader standards that should control juvenile dispositions.” Id. In D.G. v. State, 170 So.3d 1 (Fla. 2d DCA 2015), the Second District considered the argument that the commitment options in section 985.441(1)—a similar statutory provision containing multiple options that are not separated by any coordinating conjunctions-7-were discrete and mutually exclusive. The Second District,rejected this argument “if for no other reason than the absence of statutory language suggesting that the options set forth in section 985.441(1) are mutually exclusive.” Id....

...Settlement of claims. § 744.391, Fla. Stat. Actions by and against guardian or ward. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 985.43, Fla. Stat. Predisposition reports; other evaluations. § 985.441, Fla....

...PER CURIAM. The juvenile appeals the trial court’s disposition orders adjudicating him delinquent and committing him to a nonsecure residential program. As the State concedes, the trial court erred when it failed to make the written findings required by section 985.441(2)(d), Florida Statutes (2019). Section 985.441(2)(d) provides: (2) Notwithstanding subsection (1), the court having jurisdiction over an adjudicated delinquent child whose offense is a misdemeanor, or a child who is currently on probation for a misdemeanor...

...al program without making the required written findings.” R.L.C. v. State, 241 So. 3d 199, 201 (Fla. 4th DCA 2018). When a trial court fails to make such written findings, the case should be reversed and remanded for the trial court to comply with section 985.441....

...rt its placement decision “or if it is unable to do so, to enter an appropriate disposition order”); K.M.H. v. State, 91 So. 3d 262, 264 (Fla. 1st DCA 2012) (reversing and remanding for the trial court to enter a written order in compliance with section 985.441(2)(d) “if it can do so”). Here, the trial court made an oral pronouncement at the disposition hearing to support its decision to commit the juvenile to a nonsecure residential program, finding that the juvenile’s needs would be best met by a nonsecure program: [T]he Court is ....

...that it would reduce its findings to writing, it failed to do so. We therefore affirm the juvenile’s adjudications of delinquency, but reverse his commitment and remand for the trial court to reduce its oral findings to writing in compliance with section 985.441. Affirmed in part, reversed in part, and remanded with directions. LEVINE, C.J., GROSS and CONNER, JJ., concur. * * * 2 Not final until dispositio...

...We affirm the adjudication of delinquency, but reverse the disposition order because, as conceded by the State, the trial court erred in committing R.S. to a non-secure residential program without making the required written findings. See § 985.441(2)(d), Fla....

...whatever you do will be dealt with in the adult system if you break the law again. The juvenile did not object to the disposition, but now appeals his disposition. The juvenile argues the trial court erred in failing to make the written findings mandated by section 985.441(2)(d), Florida Statutes (2016). The State agrees, and so do we. Section 985.441(2) provides: [T]he court having jurisdiction over an adjudicated delinquent child whose offense is a misdemeanor, ....

...It acknowledges however that “[t]he case should be remanded so that the trial court can check the appropriate box and write down its findings orally pronounced at the disposition hearing.” We reverse on this issue and remand the case to the trial court to comply with section § 985.441. In his second issue, the juvenile argues there was insufficient evidence 3 that he was a danger to the public and should be committed....

...argues in this appeal that the trial court impermissibly committed him to a high-risk placement for two misdemeanor offenses. Because he- was on probation following guilty pleas to two counts of misdemeanor, battery and admitted only to *672 technical violations of probation, under section 985.441(2), Florida Statutes (2014), appellant could be committed, at the most, to a nonsecure residential placement. See D.H. v. State, 114 So.3d 496 (Fla. 1st DCA 2013). Even under the changes made to section 985.441(2) during the 2014 Legislative, session, see Ch.2014-162, § 25, at 43, Laws of Fla....