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Florida Statute 985.433 | Lawyer Caselaw & Research
F.S. 985.433 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
F.S. 985.433
985.433 Disposition hearings in delinquency cases.When a child has been found to have committed a delinquent act, the following procedures shall be applicable to the disposition of the case:
(1) The court shall notify any victim of the offense, if such person is known and within the jurisdiction of the court, of the hearing.
(2) The court shall notify and summon or subpoena, if necessary, the parents, legal custodians, or guardians of the child to attend the disposition hearing if they reside in the state.
(3) The court may receive and consider any other relevant and material evidence, including other written or oral reports or statements, in its effort to determine the appropriate disposition to be made with regard to the child. The court may rely upon such evidence to the extent of its probative value, even though such evidence may not be technically competent in an adjudicatory hearing.
(4) Before the court determines and announces the disposition to be imposed, it shall:
(a) State clearly, using common terminology, the purpose of the hearing and the right of persons present as parties to comment at the appropriate time on the issues before the court.
(b) Discuss with the child his or her compliance with any predisposition plan or other plan imposed since the date of the offense.
(c) Discuss with the child his or her feelings about the offense committed, the harm caused to the victim or others, and what penalty he or she should be required to pay for such transgression.
(d) Give all parties, as well as the victim or a representative of the victim, representatives of the school system, and the law enforcement officers involved in the case who are present at the hearing an opportunity to comment on the issue of disposition and any proposed rehabilitative plan. Parties to the case shall include the parents, legal custodians, or guardians of the child; the child’s counsel; the state attorney; and representatives of the department.
(5) At the time of disposition, the court may make recommendations to the department as to specific treatment approaches to be employed.
(6) The first determination to be made by the court is a determination of the suitability or nonsuitability for adjudication and commitment of the child to the department. This determination shall include consideration of the recommendations of the department, which may include a predisposition report. The predisposition report shall include, whether as part of the child’s multidisciplinary assessment, classification, and placement process components or separately, evaluation of the following criteria:
(a) The seriousness of the offense to the community. If the court determines under chapter 874 that the child was a member of a criminal gang at the time of the commission of the offense, the seriousness of the offense to the community shall be given great weight.
(b) Whether the protection of the community requires adjudication and commitment to the department.
(c) Whether the offense was committed in an aggressive, violent, premeditated, or willful manner.
(d) Whether the offense was against persons or against property, greater weight being given to offenses against persons, especially if personal injury resulted.
(e) The sophistication and maturity of the child.
(f) The record and previous criminal history of the child, including without limitations:
1. Previous contacts with the department, the former Department of Health and Rehabilitative Services, the Department of Children and Families, the Department of Corrections, other law enforcement agencies, and courts.
2. Prior periods of probation.
3. Prior adjudications of delinquency.
4. Prior commitments to institutions.
(g) The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child if committed to a community services program or facility.
(h) The child’s educational status, including, but not limited to, the child’s strengths, abilities, and unmet and special educational needs. The report shall identify appropriate educational and career goals for the child. Examples of appropriate goals include:
1. Attainment of a high school diploma or its equivalent.
2. Successful completion of literacy courses.
3. Successful completion of career and technical education courses.
4. Successful attendance and completion of the child’s current grade or recovery of credits of classes the child previously failed, if enrolled in school.
5. Enrollment in an apprenticeship or a similar program.

It is the intent of the Legislature that the criteria set forth in this subsection are general guidelines to be followed at the discretion of the court and not mandatory requirements of procedure. It is not the intent of the Legislature to provide for the appeal of the disposition made under this section.

(7) If the court determines that the child should be adjudicated as having committed a delinquent act and should be committed to the department, such determination shall be in writing or on the record of the hearing. The determination shall include a specific finding of the reasons for the decision to adjudicate and to commit the child to the department, including any determination that the child was a member of a criminal gang.
(a) The department shall recommend to the court the most appropriate placement and treatment plan, specifically identifying the restrictiveness level most appropriate for the child if commitment is recommended. If the court has determined that the child was a member of a criminal gang, that determination shall be given great weight in identifying the most appropriate restrictiveness level for the child. The court shall consider the department’s recommendation in making its commitment decision.
(b) The court shall commit the child to the department at the restrictiveness level identified or may order placement at a different restrictiveness level. The court shall state for the record the reasons that establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department. Any party may appeal the court’s findings resulting in a modified level of restrictiveness under this paragraph.
(c) The court may also require that the child be placed in a probation program following the child’s discharge from commitment. Community-based sanctions under subsection (8) may be imposed by the court at the disposition hearing or at any time prior to the child’s release from commitment.
(8) If the court determines not to adjudicate and commit to the department, then the court shall determine what community-based sanctions it will impose in a probation program for the child. Community-based sanctions may include, but are not limited to, participation in substance abuse treatment, a day-treatment probation program, restitution in money or in kind, a curfew, revocation or suspension of the driver license of the child, community service, and appropriate educational programs as determined by the district school board.
(9) After appropriate sanctions for the offense are determined, the court shall develop, approve, and order a plan of probation that will contain rules, requirements, conditions, and rehabilitative programs, including the option of a day-treatment probation program, that are designed to encourage responsible and acceptable behavior and to promote both the rehabilitation of the child and the protection of the community.
(10) Any disposition order shall be in writing as prepared by the clerk of court and may thereafter be modified or set aside by the court.
History.s. 38, ch. 97-238; s. 18, ch. 98-207; s. 131, ch. 99-3; s. 30, ch. 2000-135; s. 40, ch. 2001-64; s. 23, ch. 2001-125; s. 45, ch. 2006-120; s. 32, ch. 2008-238; s. 351, ch. 2014-19; s. 22, ch. 2014-162.
Note.Former s. 985.23.

F.S. 985.433 on Google Scholar

F.S. 985.433 on Casetext

Amendments to 985.433


Arrestable Offenses / Crimes under Fla. Stat. 985.433
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.433.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. D. P. v. STATE, 267 So. 3d 510 (Fla. App. Ct. 2019)

. . . s case consistent with the factors provided in section 985.433(6), Florida Statutes (2016). . . . State, 170 So.3d 1, 3 (Fla. 2d DCA 2015) (citing § 985.433(6) ). . . . (quoting § 985.433(7) ). Accordingly, we must reverse. . . .

C. J. a v. STATE, 244 So. 3d 299 (Fla. App. Ct. 2018)

. . . The State argues the trial court was referring to section 985.433, Florida Statutes (2016), which provides . . . Section 985.433(6)(f) provides the trial court may evaluate "[t]he record and previous criminal history . . . suggests, the DJJ is statutorily required to include the child's criminal history within its PDR. § 985.433 . . . In fact, section 985.433(6)(f) 1. requires the court to consider the juvenile's "[p]revious contacts . . .

T. S. a v. STATE, 227 So. 3d 229 (Fla. Dist. Ct. App. 2017)

. . . .” § 985.433(7)(b), Fla. Stat. . . . We are mindful of the seeming discrepancy between the text ' of section 985.433(7)(b), Florida Statutes . . .

K. L. L. a v. STATE, 224 So. 3d 918 (Fla. Dist. Ct. App. 2017)

. . . court for further proceedings consistent with the opinions in B.K.A. and A.L.M., as well as section 985.433 . . .

STATE v. I. D., 219 So. 3d 249 (Fla. Dist. Ct. App. 2017)

. . . . § 985.433(7)(b), Fla. Stat.; E.A.R., 4 So.3d at 635. . . .

D. V. a v. STATE, 216 So. 3d 3 (Fla. Dist. Ct. App. 2017)

. . . identifying the restrictiveness level most appropriate for the child if commitment is recommended.” § 985.433 . . . behavior and to promote both the rehabilitation of the child and the protection of the community.” § 985.433 . . . sophistication and maturity of the child, criminal history, and the child’s rehabilitative needs. § 985.433 . . . or on the hearing record and include specific findings for the reasons the court chose commitment. § 985.433 . . . disregarding the assessment of the child and the restrictiveness level recommended by the [DJJ].” § 985.433 . . .

M. J. a v. STATE, 212 So. 3d 534 (Fla. Dist. Ct. App. 2017)

. . . Section 985.433, Florida Statutes (2016), governs the disposition hearing in delinquency proceedings. . . . the suitability or nonsuitability for adjudication and commitment of the child to the [Department.” § 985.433 . . . holding the E.A.R. analysis did not apply to the trial court’s initial determination made under section 985.433 . . .

C. C. a v. STATE C. C. a v. C. C. a v., 206 So.3d 808 (Fla. Dist. Ct. App. 2016)

. . . Section 985.433(6) grants the trial court discretion regarding the “determination of the suitability . . . disregarding the assessment of the. child and restrictiveness level recommended by the department_ § 985.433 . . . Stat. (2016). ■ This court has previously held that the “initial determination made under section 985.433 . . .

A. L. M. A v. STATE, 176 So. 3d 1025 (Fla. Dist. Ct. App. 2015)

. . . Under section 985.433(7)(a), Florida Statutes (2014), if a court determines that a child should be adjudicated . . .

A. L. M. A v. STATE, 176 So. 3d 1026 (Fla. Dist. Ct. App. 2015)

. . . Under section 985.433(7)(a), Florida Statutes (2014), if a court determines that a child should be adjudicated . . .

D. R. a v. STATE, 178 So. 3d 478 (Fla. Dist. Ct. App. 2015)

. . . Section 985.433, Florida Statutes (2014), governs “[disposition hearings in delinquency cases.” § 985.433 . . . Id. § 985.433(6). . . . Id. § 985.433(7). . . . Id. § 985.433(7)(a). . . . Id. § 985.433(7)(b). . . .

R. R. R. v. STATE, 173 So. 3d 1084 (Fla. Dist. Ct. App. 2015)

. . . . § 985.433(6), Fla. Stat. (2013). . . . . § 985.433(7). . . . that establish, by a preponderance of the evidence, why a different commitment level is appropriate. § 985.433 . . .

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

. . . Section 985.433, Florida Statutes (2011), governs the disposition hearing when a court has found that . . . child to the custody of DJJ or instead to withhold adjudication and place the child on probation. § 985.433 . . . finding of the reasons for the decision to adjudicate and to commit the child to the department.” § 985.433 . . . In this step, DJJ is required by subsection 985.433(7)(a) to recommend to the court a placement and treatment . . . In the absence of the DJJ recommendation mandated by section 985.433(7)(a), the latter was error. . . .

DEPARTMENT OF JUVENILE JUSTICE, v. STATE, 151 So. 3d 561 (Fla. Dist. Ct. App. 2014)

. . . We find this order contravenes section 985.433, Florida Statutes, by combining the two-step process set . . . forth in subsections 985.433(6) and (7). . . . 1st DCA 2013) (finding there is a “two-part process for juvenile dispositions, as set out in section 985.433 . . . finding the court properly “structured the proceeding as a two-step process in compliance with sections 985.433 . . .

C. J. T. a v. STATE, 139 So. 3d 983 (Fla. Dist. Ct. App. 2014)

. . . Instead, the trial court should have relied upon section 985.433, Florida Statutes (2012), which sets . . .

S. M. a v. STATE, 138 So. 3d 1156 (Fla. Dist. Ct. App. 2014)

. . . Section 985.433(4), Florida Statutes (2012), requires that a court, before it “determines and announces . . .

A. G. A v. STATE, 123 So. 3d 700 (Fla. Dist. Ct. App. 2013)

. . . REVERSE Appellant’s commitment and remand for further proceedings consistent with B.K.A. and section 985.433 . . .

R. C. A v. STATE, 123 So. 3d 698 (Fla. Dist. Ct. App. 2013)

. . . REVERSE Appellant’s commitment and remand for further proceedings consistent with B.K.A. and section 985.433 . . .

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

. . . E.A.R., 4 So.3d at 624 (citing § 985.433(6), Fla. Stat.). . . . .” § 985.433(6), Fla. Stat. . . . The Department’s predisposition report must include the criteria listed in the statute (Section 985.433 . . . E.A.R., 4 So.3d at 624 (citing § 985.433(7), Fla. Stat.). . . . Here, the predisposition report presented by DJJ loosely addressed the criteria in section 985.433(6) . . .

R. A. v. STATE Of, 117 So. 3d 1181 (Fla. Dist. Ct. App. 2013)

. . . (alteration in original) (quoting § 985.433(7)(b), Fla. Stat. (2007)). . . .

M. A. L. a v. STATE, 110 So. 3d 493 (Fla. Dist. Ct. App. 2013)

. . . opportunity to comment on the issue of disposition prior to its determination in accordance with section 985.433 . . . Section 985.433(4), Florida Statutes (2011), which governs dispositional hearings in delinquency proceedings . . . guardians of the child; the child’s counsel; the state attorney; and representatives of the department. § 985.433 . . . See § 985.433(4), Fla. Stat. (2011); see also B.R. v. . . .

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

. . . First, the ... ordinary disposition statute, section 985.433 does not support that position. . . . The determination shall be made under ss. 985.47(1) and 985.433(7). . . . See § 985.433(6), Fla. Stat. (2007). . . . See § 985.433(7), Fla. Stat. (2007). . . . 985.433(7)(b) applies to proceedings under section 985.475. . . .

T. W. R. A v. STATE, 80 So. 3d 1110 (Fla. Dist. Ct. App. 2012)

. . . Section 985.433(7)(b), Florida Statutes (2010), governs the extent to which a trial court may deviate . . . Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(3), 985.433(7)(a)-(b)[,] Fla. . . . disregarding the assessment of the child and the restrictiveness level recommended by the [DJJ].” § 985.433 . . .

M. H. A v. STATE, 69 So. 3d 325 (Fla. Dist. Ct. App. 2011)

. . . Section 985.433(7)(b), Florida Statutes (2010), governs the extent to which a trial court may deviate . . .

C. C. T. a v. STATE, 53 So. 3d 1149 (Fla. Dist. Ct. App. 2011)

. . . Section 985.433(7)(b), Florida Statutes (2010), delineates the' requirements governing a trial court’ . . . disregarding the assessment of the child and the restrictiveness level recommended by the department. § 985.433 . . .

T. M. a v. STATE, 48 So. 3d 1007 (Fla. Dist. Ct. App. 2010)

. . . See § 985.433(7)(b), Fla. Stat. (2009). In E.A.R. v. . . .

STATE v. A. C. a, 44 So. 3d 1240 (Fla. Dist. Ct. App. 2010)

. . . So.3d 6 (Fla. 4th DCA 2010), and find that we have jurisdiction under two separate statutes: section 985.433 . . . Section 985.433(7)(b) states: The court shall commit the child to the department at the restrictiveness . . .

K. J. F. a v. STATE, 44 So. 3d 1204 (Fla. Dist. Ct. App. 2010)

. . . This recognition is evident in section 985.433(6), which provides that the first determination to be . . . the criteria is “[w]hether the protection of the community requires adjudication and commitment.” § 985.433 . . .

B. N. a v. STATE, 39 So. 3d 515 (Fla. Dist. Ct. App. 2010)

. . . I’ve also considered the dictates of 985.433 in considering the seriousness of the offense to the community . . .

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

. . . Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla. . . .

C. B. a v. STATE, 16 So. 3d 1049 (Fla. Dist. Ct. App. 2009)

. . . Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla. . . . disregarding the assessment of the child and the restrictiveness level recommended by the [DJJ].” § 985.433 . . .

M. J. S. a v. STATE, 6 So. 3d 1268 (Fla. Dist. Ct. App. 2009)

. . . Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla. . . . disregarding the assessment of the child and the restrictiveness level recommended by the [DJJ].” § 985.433 . . .

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

. . . to have committed a delinquent act or violation of law. (5) (a) Notwithstanding ss. 743.07, 985.43, 985.433 . . .

M. K. a v. STATE, 4 So. 3d 1271 (Fla. Dist. Ct. App. 2009)

. . . Stat. (2007) (emphasis supplied); see also §§ 985.03(44)(a)-(e), 985.433(7)(a)-(b), Fla. . . . disregarding the assessment of the child and the restrictiveness level recommended by the [DJJ].” § 985.433 . . .

A. A. V. a v. STATE, 9 So. 3d 654 (Fla. Dist. Ct. App. 2009)

. . . . § 985.433(7)(b), Fla. Stat. . . .

E. E. a v. STATE, 7 So. 3d 1140 (Fla. Dist. Ct. App. 2009)

. . . I’ve considered the fact that there’s a 985.433 — the seriousness of the offense to the community; the . . .

M. B. a v. STATE, 9 So. 3d 40 (Fla. Dist. Ct. App. 2009)

. . . The State cross-appeals the trial court’s order declaring sections 985.433(7)(a) and (b), Florida Statutes . . . As for the cross-appeal, the trial court held sections 985.433(7)(a) and (b) unconstitutional based on . . . See § 985.433(7)(b), Fla. . . .

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

. . . Section 985.433(7)(b), Florida Statutes, unequivocally grants trial courts the discretion to “order placement . . . The exercise of such discretion under section 985.433(7)(b) is subject only to the requirement that the . . . Given the language of section 985.433(7)(b), the statutory context, and principles of sound judicial . . . Stat.; see also § 985.433(6) (setting forth criteria to be evaluated in predisposition reports). . . . It is evident from the text of section 985.433(7)(b) that the Legislature has recognized that a large . . . See § 985.433(6), Fla. Stat. (2007). . . . See § 985.433(7), Fla. Stat. (2007). . . . See § 985.433(7)(b), Fla. Stat. (2007). . . . See §§ 985.01-02, 985.03(21), 985.433(7)(b), Fla. Stat. (2007). . . . See §§ 985.03(21), 985.433, Fla. Stat. (2007). . . . .

J. G. a v. STATE, 978 So. 2d 270 (Fla. Dist. Ct. App. 2008)

. . . . § 985.433(7)(b), Fla. Stat. (2007). . . .

L. S. a v. STATE, 978 So. 2d 220 (Fla. Dist. Ct. App. 2008)

. . . Section 985.433(7)(b), Florida Statutes (2006), permits the court to deviate from the DJJ’s recommendation . . .

P. Y. a v. STATE, 976 So. 2d 1168 (Fla. Dist. Ct. App. 2008)

. . . . § 985.433(6), Fla. Stat. (2007). . . . finding of the reasons for the decision to adjudicate and to commit the child to the department.” § 985.433 . . . Although section 985.433(7), Florida Statutes (2007), confers discretion to depart from the DJJ’s recommendation . . .

E. A. R. a v. STATE, 975 So. 2d 610 (Fla. Dist. Ct. App. 2008)

. . . We write to address a narrow issue—whether section 985.433(7)(b), Florida Statutes (2007), requires a . . . Section 985.433(7)(b) states: The court shall commit the child to the department at the restrictiveness . . . Previously, section 985.433(7)(b) was contained at section 985.23(3)(c), Florida Statutes (2004). . . . Section 985.23 was renumbered as 985.433 and amended by Laws 2006, c. 2006-120, § 45, effective Jan. . . .

J. S. a v. STATE, 971 So. 2d 992 (Fla. Dist. Ct. App. 2008)

. . . It is well-established that a trial judge may disregard the DJJ’s recommendations under section 985.433 . . .

D. L. T. v. STATE, 960 So. 2d 913 (Fla. Dist. Ct. App. 2007)

. . . A judge’s authority to deviate from DJJ’s recommendation under section 985.433(7)(b), Florida Statutes . . . Section 985.433(7)(b), Florida Statutes (2006) provides: The court shall commit the child to the department . . .

D. O. a v. STATE, 961 So. 2d 1053 (Fla. Dist. Ct. App. 2007)

. . . See § 985.433(7)(b), Fla. Stat. (2006); T.A. v. State, 862 So.2d 13, 14 (Fla. 2d DCA 2003). . . .

L. R. v. STATE, 948 So. 2d 827 (Fla. Dist. Ct. App. 2007)

. . . The statutory provisions governing disposition hearings in delinquency cases are now found in section 985.433 . . .