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Florida Statute 985.455 - Full Text and Legal Analysis
Florida Statute 985.455 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 985.455 Case Law from Google Scholar Google Search for Amendments to 985.455

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
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.
(c) Revoke or suspend the driver license of the child.
(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 CourtListener

Amendments to 985.455


Annotations, Discussions, Cases:

Cases Citing Statute 985.455

Total Results: 12  |  Sort by: Relevance  |  Newest First

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AM v. State, 958 So. 2d 461 (Fla. 2d DCA 2007).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1342497

...[3] The legislature amended section 985.231(d) to increase the length of time a juvenile could be committed for a second-degree misdemeanor to a maximum of six months, effective July 1, 2005. See ch. 05-263, § 6, at 2405, Laws of Fla. Section 985.231(d) has since been renumbered as section 985.455(3)....
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LDK v. State, 32 So. 3d 64 (Fla. 2d DCA 2009).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2009 WL 331662

...The juvenile probation period "may not exceed the term for which sentence could be imposed if the child were committed for the offense." § 985.435(5), Fla. Stat. (2007). A juvenile's period of commitment "may not exceed the maximum term of imprisonment that an adult may serve for the same offense." § 985.455(3)....
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C.A.D. v. State, 18 So. 3d 672 (Fla. 1st DCA 2009).

Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 13764, 2009 WL 2959667

...[of Juvenile Justice] must be for an indeterminate period of time” and that the “duration of the child’s place *676 ment in a commitment program of any restrictiveness level shall be based on objective performance-based treatment planning.” § 985.455(3), Fla....
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U.T. v. State (Fla. 3d DCA 2018).

Published | Florida 3rd District Court of Appeal

...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....
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U.T. v. State, 255 So. 3d 510 (Fla. 3d DCA 2018).

Published | Florida 3rd District Court of Appeal

and conditions of commitment are outlined in section 985.455(3) of the Florida Statutes (2016). If commitment
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A.M. v. State, 958 So. 2d 461 (Fla. 2d DCA 2007).

Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 7122

...The legislature amended section 985.231(d) to increase the length of time a juvenile could be committed for a second-degree misdemeanor to a maximum of six months, effective July 1, 2005. See ch. 05-263, § 6, at 2405, Laws of Fla. Section 985.231(d) has since been renumbered as section 985.455(3)....
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J.D.M. v. State, 82 So. 3d 1134 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 WL 716047, 2012 Fla. App. LEXIS 3678

...asserts that, given his young age, his commitment to the Department of Juvenile Justice for an indefinite period not to exceed his nineteenth birthday for the misdemeanor adjudication is error because it will exceed the term that an adult could be sentenced for the same crime. He is correct. See § 985.455(3), Fla....
...2d DCA 2009), this court considered a similar claim. There, for a first-degree misdemeanor the trial court ordered a disposition of juvenile probation “for a period not to exceed five years or until L.D.K.’s nineteenth birthday, whichever came first.” Id. Recognizing that section 985.455(3) requires that a juvenile’s commitment period is not to exceed “the maximum term of imprisonment that an adult may serve for the same offense,” we concluded “the circuit court may have ordered an illegal disposition.” L.D.K., 32 So.3d at 65 ....
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JDM v. State, 82 So. 3d 1134 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 WL 716047

...asserts that, given his young age, his commitment to the Department of Juvenile Justice for an indefinite period not to exceed his nineteenth birthday for the misdemeanor adjudication is error because it will exceed the term that an adult could be sentenced for the same crime. He is correct. See § 985.455(3), Fla....
...2d DCA 2009), this court considered a similar claim. There, for a first-degree misdemeanor the trial court ordered a disposition of juvenile probation "for a period not to exceed five years or until L.D.K.'s nineteenth birthday, whichever came first." Id. Recognizing that section 985.455(3) requires that a juvenile's commitment period is not to exceed "the maximum term of imprisonment that an adult may serve for the same offense," we concluded "the circuit court may have ordered an illegal disposition." L.D.K., 32 So.3d at 65....
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A.S.B. v. State, 59 So. 3d 234 (Fla. 2d DCA 2011).

Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 3995, 2011 WL 1086761

...CASANUEVA, C.J., and CRENSHAW, J., Concur. . A.S.B. raised this issue in a timely motion to correct disposition error filed pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2); however, the trial court never ruled on this motion. . We recognize that section 985.455(3),' Florida Statutes’(2009), requires that commitment to the Department be “for an indeterminate period of time.” However, the same statute prohibits commitment for longer than "the maximum term of imprisonment that an adult ma...
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In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...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. Stat. Commitment. § 985.455, Fla....
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C.J.T. v. State, 76 So. 3d 1139 (Fla. 4th DCA 2012).

Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 182, 2012 WL 75252

...has preserved his argument that the disposition is illegal by first filing a timely motion to correct disposition error with the trial court, pursuant to Florida Rule of Juvenile Procedure 8.135(b). The trial court did not rule on the motion in time, so the motion is deemed denied. See Fla. R. Juv. P. 8.135(b)(1)(B). Section 985.455(3), Florida Statutes (2010), provides, “Any commitment of a delinquent to the department must be for an indeterminate period of time ...; however, the period of time may not exceed the maximum term of imprisonment that an adult may serve for the same of-fense_” As we held in J.A....
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L.D.K. v. State, 32 So. 3d 64 (Fla. 2d DCA 2009).

Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1059

...The juvenile probation period “may not exceed the term for which sentence could be imposed if the child were committed for the offense.” § 985.435(5), Fla. Stat. (2007). A juvenile’s period of commitment “may not exceed the maximum term of imprisonment that an adult may serve for the same offense.” § 985.455(3)....

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