The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.43

985.43 Predisposition reports; other evaluations.—

(1) Upon a finding that the child has committed a delinquent act:

(a) The court may order the department to prepare a predisposition report regarding the child’s eligibility for disposition other than by adjudication and commitment to the department or for disposition of adjudication, commitment to the department, and, if appropriate, assignment of a residential commitment level. The predisposition report shall be the result of the multidisciplinary assessment, when such assessment is needed, and of the classification and placement process, and it shall indicate and report the child’s priority needs, recommendations as to a classification of risk for the child in the context of his or her program and supervision needs, and a plan for treatment that recommends the most appropriate placement setting to meet the child’s needs with the minimum program security that reasonably ensures public safety. A predisposition report shall be ordered for any child for whom a residential commitment disposition is anticipated or recommended by an officer of the court or by the department.

(b) A comprehensive evaluation for physical health; mental health; substance abuse; or academic, educational, or vocational problems shall be ordered for any child for whom a residential commitment disposition is anticipated or recommended by an officer of the court or by the department. If a comprehensive evaluation is ordered, the predisposition report shall include a summary of the comprehensive evaluation.

(c) A child who was not in secure detention at the time of the adjudicatory hearing, but for whom residential commitment is anticipated or recommended, may be placed under a special detention order, as provided in s. 985.26(5), for the purpose of conducting a comprehensive evaluation.

(2) The court shall consider the child’s entire assessment and predisposition report and shall review the records of earlier judicial proceedings before making a final disposition of the case. If the child is under the jurisdiction of a dependency court, the court may receive and consider any information provided by the Guardian Ad Litem Program and the child’s attorney ad litem, if appointed. The court may, by order, require additional evaluations and studies to be performed by the department; the county school system; or any social, psychological, or psychiatric agency of the state. The court shall order the educational needs assessment completed under s. 985.18(2) to be included in the assessment and predisposition report.

(3) The predisposition report, together with all other reports and evaluations used by the department in preparing the predisposition report, shall be made available to the child, the child’s parents or legal guardian, the child’s legal counsel, and the state attorney upon completion of the report and at a reasonable time prior to the disposition hearing. The predisposition report shall be submitted to the court upon completion of the report but no later than 48 hours prior to the disposition hearing. The predisposition report shall not be reviewed by the court without the consent of the child and his or her legal counsel until the child has been found to have committed a delinquent act.

History.—s. 37, ch. 97-238; s. 29, ch. 2000-135; s. 44, ch. 2006-120; s. 2, ch. 2019-10.

Note.—Subsection (3) former s. 985.229(3).

F.S. 985.43 on Google Scholar

F.S. 985.43 on Casetext

Amendments to 985.43

Arrestable Offenses / Crimes under Fla. Stat. 985.43

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.43.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. R. a v. STATE, 268 So. 3d 163 (Fla. App. Ct. 2019)

. . . This requirement is repeated in section 985.43(1)(b), Florida Statutes (2018), which provides that a . . . See § 985.43(1)(c), Fla. Stat. . . .

E. G. a v. STATE, 263 So. 3d 81 (Fla. App. Ct. 2019)

. . . Section 985.43(1)(a), Florida Statutes (2017), provides that a predisposition report is required when . . . justice system; nonetheless, the trial court erred in failing to order a PDR as required by section 985.43 . . .

D. G. v. STATE, 170 So. 3d 1 (Fla. Dist. Ct. App. 2015)

. . . Part VII' of this chapter (sections 985.43-985.494) addresses the disposition process. . . .

B. K. A. A v. STATE, 122 So. 3d 928 (Fla. Dist. Ct. App. 2013)

. . . The trial court requested that DJJ prepare a predisposition report (“PDR”) pursuant to section 985.43 . . . See § 985.43(l)(a), Fla. Stat. . . .

K. P. a v. STATE, 97 So. 3d 966 (Fla. Dist. Ct. App. 2012)

. . . Section 985.43(2) mandates that the court “consider the child’s entire assessment and predisposition . . . report” prior to making a final disposition of the case. § 985.43(2), Fla. . . . Here, the trial court failed to strictly comply with section 985.43 when it entered its disposition order . . .

J. B. S. a v. STATE, 90 So. 3d 961 (Fla. Dist. Ct. App. 2012)

. . . We do not have to decide whether section 985.43S(7)(b) applies to a proceeding under section 985.475, . . .

C. M. H. a v. STATE, 25 So. 3d 678 (Fla. Dist. Ct. App. 2010)

. . . .” § 985.43S(7)(b), Fla. Stat. (2007) (emphasis supplied). . . .

E. D. B. a v. STATE, 5 So. 3d 787 (Fla. Dist. Ct. App. 2009)

. . . alleged to have committed a delinquent act or violation of law. (5) (a) Notwithstanding ss. 743.07, 985.43 . . .

E. A. R. a v. STATE, 4 So. 3d 614 (Fla. 2009)

. . . Stat. (2007) (emphasis supplied); see also § 985.43(l)(a), Fla. . . . Stat. (2007); see § 985.43(l)(a)-(b), Fla. Stat. (2007). . . . Stat. (2007) (emphasis supplied); see also § 985.43(3), Fla. Stat. (2007). . . . Part VII of this chapter (sections 985.43-985.494) addresses the disposition process. . . . See §§ 985.43(2), 985.438(3), Fla. Stat. (2007); Fla. R. Juv. P. 8.115(a). . . .

OKLAHOMA CHAPTER OF AMERICAN ACADEMY OF PEDIATRICS OKAAP v. FOGARTY, OHCA, 522 F. Supp. 2d 1353 (N.D. Okla. 2007)

. . . ordered defendants to pay costs of $25,038.08, but denied plaintiffs’ request for copying costs of $985.43 . . . Plaintiffs appealed the Court Clerks’s order and the Court awarded plaintiffs an additional $985.43 for . . . District Court, which affirmed the amount of costs awarded by the Court Clerk but added an additional $985.43 . . .

In E. BEESLEY L. E. BEESLEY L. v. M. BURKE,, 212 B.R. 4 (Bankr. D. Me. 1997)

. . . for representing them in routine Chapter 7 matters, they received a bill, dated July 8, 1996, for $985.43 . . .