Florida Statute 985.455 | 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. 985.455

985.455 Other dispositional issues.—

(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing:

(a) Require the child and, if the court finds it appropriate, the child’s parent or guardian, together with the child, to render community service in a public service program.

(b) Order the child and, if the court finds it appropriate, the child’s parent or guardian, together with the child, to participate in a community work project, either as an alternative to monetary restitution or as part of the rehabilitative or probation program.

(d) Order the child, upon a determination of the child’s inability to pay, to perform community service in lieu of all court costs assessed against the delinquent child, including costs of prosecution, public defender application fees, and costs of representation.

(2) If the child is attending or is eligible to attend public school and the court finds that the victim or a sibling of the victim in the case is attending or may attend the same school as the child, the court shall, on its own motion or upon the request of any party or any parent or legal guardian of the victim, determine whether it is appropriate to enter a no contact order in favor of the victim or a sibling of the victim. If appropriate and acceptable to the victim and the victim’s parent or parents or legal guardian, the court may reflect in the written disposition order that the victim or the victim’s parent or parents or legal guardian stated in writing or in open court that he or she did not object to the offender being permitted to attend the same school or ride on the same school bus as the victim or a sibling of the victim. If applicable, the court placement or commitment order shall include a finding under this subsection.

(3) Any commitment of a delinquent child to the department must be for an indeterminate period of time, which may include periods of temporary release; however, the period of time may not exceed the maximum term of imprisonment that an adult may serve for the same offense. The duration of the child’s placement in a commitment program of any restrictiveness level shall be based on objective performance-based treatment planning. The child’s treatment plan progress and adjustment-related issues shall be reported to the court quarterly, unless the court requests monthly reports. If the child is under the jurisdiction of a dependency court, the court may receive and consider any information provided by the Statewide Guardian ad Litem Office or the child’s attorney ad litem, if one is appointed. The child’s length of stay in a commitment program may be extended if the child fails to comply with or participate in treatment activities. The child’s length of stay in the program shall not be extended for purposes of sanction or punishment. Any temporary release from such program must be approved by the court. Any child so committed may be discharged from institutional confinement or a program upon the direction of the department with the concurrence of the court. The child’s treatment plan progress and adjustment-related issues must be communicated to the court at the time the department requests the court to consider releasing the child from the commitment program. The department shall give the court that committed the child to the department reasonable notice, in writing, of its desire to discharge the child from a commitment facility. The court that committed the child may thereafter accept or reject the request. If the court does not respond within 10 days after receipt of the notice, the request of the department shall be deemed granted. This section does not limit the department’s authority to revoke a child’s temporary release status and return the child to a commitment facility for any violation of the terms and conditions of the temporary release.

(4) The court may, upon motion of the child or upon its own motion, within 60 days after imposition of a disposition of commitment, suspend the further execution of the disposition and place the child in a probation program upon such terms and conditions as the court may require. The department shall forward to the court all relevant material on the child’s progress while in custody not later than 3 working days prior to the hearing on the motion to suspend the disposition.

(5) If the court orders revocation or suspension of a child’s driver license as part of a disposition, the court may, upon finding a compelling circumstance to warrant an exception, direct the Department of Highway Safety and Motor Vehicles to issue a license for driving privileges restricted to business or employment purposes only, as defined in s. 322.271.

History.—s. 39, ch. 97-238; s. 12, ch. 2000-134; s. 31, ch. 2000-135; s. 6, ch. 2005-263; s. 53, ch. 2006-120; s. 4, ch. 2013-112; s. 4, ch. 2019-10; s. 47, ch. 2024-70; s. 17, ch. 2024-130; s. 17, ch. 2024-133.

Note.—Subsections (3), (4) former s. 985.231(1)(d), (h).

F.S. 985.455 on Google Scholar

F.S. 985.455 on Casetext

Amendments to 985.455

Arrestable Offenses / Crimes under Fla. Stat. 985.455

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.455.

Annotations, Discussions, Cases:

Cases Citing Statute 985.455

Total Results: 18

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: § 985.441, Fla. Stat. Commitment. § 985.455, Fla. Stat. Other dispositional issues.

U.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Citation: 255 So. 3d 510

Snippet: conditions of commitment are outlined in section 985.455(3) of the Florida Statutes (2016). If commitment

U.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Snippet: conditions of commitment are outlined in section 985.455(3) of the Florida Statutes (2016). If

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

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

Snippet: 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455 as an alternative to youthful of-, fender or adult

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-10-03

Citation: 123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Snippet: 2013-112, §§ 3, 4, Laws of Fla. (amending §§ 985.032, 985.455(1), Fla. Stat.); ch. 2013-162 (amending various

J.D.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-03-07

Citation: 82 So. 3d 1134, 2012 WL 716047, 2012 Fla. App. LEXIS 3678

Snippet: sentenced for the same crime. He is correct. See § 985.455(3), Fla. Stat. (2009). In L.D.K. v. State, 32 So

JDM v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-03-07

Citation: 82 So. 3d 1134, 2012 WL 716047

Snippet: sentenced for the same crime. He is correct. See § 985.455(3), Fla. Stat. (2009). In L.D.K. v. State, 32 So

C.J.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-11

Citation: 76 So. 3d 1139, 2012 Fla. App. LEXIS 182, 2012 WL 75252

Snippet: denied. See Fla. R. Juv. P. 8.135(b)(1)(B). Section 985.455(3), Florida Statutes (2010), provides, “Any commitment

A.S.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-25

Citation: 59 So. 3d 234, 2011 Fla. App. LEXIS 3995, 2011 WL 1086761

Snippet: on this motion. . We recognize that section 985.455(3),' Florida Statutes’(2009), requires that commitment

R.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-18

Citation: 42 So. 3d 333, 2010 Fla. App. LEXIS 12166

Snippet: of sections 985.35(4)(a), 985.435(1), (5), and 985.455(1), (3). See §§ 39.053(2), .054(1), (4), Fla. Stat

RF v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-18

Citation: 42 So. 3d 333, 2010 WL 3239000

Snippet: of sections 985.35(4)(a), 985.435(1), (5), and 985.455(1), (3). See §§ 39.053(2),.054(1), (4), Fla. Stat

J.A.B. v. State

Court: Supreme Court of Florida | Date Filed: 2010-01-07

Citation: 25 So. 3d 554, 35 Fla. L. Weekly Supp. 5, 2010 Fla. LEXIS 5

Snippet: as sections 985.435, 985.437, 985.445, 985.45, 985.455, 985.475, and 985.513. See ch. 2006-120, §§ 46-47

JAB v. State

Court: Supreme Court of Florida | Date Filed: 2010-01-07

Citation: 25 So. 3d 554, 2010 WL 26540

Snippet: as sections 985.435, 985.437, 985.445, 985.45, 985.455, 985.475, and 985.513. See ch. 2006-120, §§ 46-47

C.A.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-09-17

Citation: 18 So. 3d 672, 2009 Fla. App. LEXIS 13764, 2009 WL 2959667

Snippet: objective performance-based treatment planning.” § 985.455(3), Fla. Stat. (2008). Once a trial court has committed

L.D.K. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-02-10

Citation: 32 So. 3d 64, 2009 Fla. App. LEXIS 1059

Snippet: that an adult may serve for the same offense.” § 985.455(3). Resisting an officer without violence is a

LDK v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-02-10

Citation: 32 So. 3d 64, 2009 WL 331662

Snippet: that an adult may serve for the same offense." § 985.455(3). Resisting an officer without violence is a

A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-05-09

Citation: 958 So. 2d 461, 2007 Fla. App. LEXIS 7122

Snippet: 985.231(d) has since been renumbered as section 985.455(3). See ch. 06-120, § 53, at 1493-95, Laws of Fla

AM v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-05-09

Citation: 958 So. 2d 461, 2007 WL 1342497

Snippet: 985.231(d) has since been renumbered as section 985.455(3). See ch. 06-120, § 53, at 1493-95, Laws of Fla