Disposition hearingRule 8.115
9 opinions cite Rule 8.115
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E.A.R. v. State 4 So. 3d 614 · SC08-506 · Florida Supreme Court 2009
· cited by 1 in all courts
… On February 21, 2007, the juvenile court held a disposition hearing pursuant to part VII of chapter 985, Florida Statutes (2007), and Florida Rule of Juvenile Procedure 8.115. Again, disposition hearings provide the forum for the court to perform the legislatively required function of determining "the most appropriate …
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E.A.R. v. State 4 So. 3d 614 · SC08-506-2 · Florida Supreme Court 2009
· cited by 136 in all courts
… On February 21, 2007, the juvenile court held a disposition hearing pursuant to part VII of chapter 985, Florida Statutes (2007), and Florida Rule of Juvenile Procedure 8.115. Again, disposition hearings provide the forum for the court to perform the legislatively required function of determining “the most appropriate …
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D.A.C. v. State 728 So. 2d 828 · DCA98-789 · District Court of Appeal 1999
…and not the trial judge’s, decision whether to prosecute a juvenile as a serious habitual juvenile offender, the appellant relies on Florida Rule of Juvenile Procedure 8.115(d), and the supreme court case of Young v. State, 699 So.2d 624 (Fla. 1997). Rule 8.115(d) provides as follows: (d). Procedure for Placement for…
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Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998
· cited by 13 in all courts
…value, even though such evidence may not be technically competent in an adjudicatory hearing. § 39.052(4)(h), Fla. Stat. (Supp.1996); see also Fla.R.Juv.P. 8.115(a). Although a court may not require a child committed to the department to be placed in a specific facility, [3] concerns for the safety of a facility might…
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K.M.T. v. State 695 So. 2d 1309 · 2D95-03915 · 2nd DCA 1997
· cited by 14 in all courts
…discretion by entertaining the detective's testimony. The trial court may receive any information that is relevant and material in a disposition hearing. Fla. R. Juv. Pro. 8.115. Nevertheless, we must reverse and remand because the trial court failed to comply with statutory requirements that it make specific findings to support its…
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In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009
· cited by 7 in all courts
…warranted in response to several of the NJDC's recommendations. In its report, the Committee proposes various amendments to rules 8.010, 8.070, 8.080, 8.100, and 8.115 in response to the NJDC's recommendations. Several other amendments addressing other matters are also proposed. The proposed amendments were published for…
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In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013
· cited by 2 in all courts
…before arraignment and arraignment shall then be deemed waived. If a plea of guilty or nolo contendere is entered, the court shall proceed as set forth under rule 8.115, disposition hearings. If a plea of not guilty is entered, the court shall set an adjudicatory hearing within the period of time provided by law. The child is…
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Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
…shall be initiated under chapter 394, Florida Stat *157 utes. If the court determines further care to be unnecessary, the court shall discharge the child. RULE 8.115. DISPOSITION HEARING (a) Information Available to Court. At the disposition hearing the court, after establishing compliance with the disposi-tional…
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Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996
· cited by 1 in all courts
…child is delivered to the sheriff under subdivision (a) or (b) the court shall fix bail. A certified copy of the order shall be furnished to the sheriff. RULE 8.115. DISPOSITION HEARING (a) Information Available to Court. At the disposition hearing the court, after establishing compliance with the dispositional…
No opinion cites this provision by number.
Cited as rule 8.115 under earlier numbering (1)
These opinions cite a rule numbered 8.115 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.
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(a) Information Available to Court. At the disposition hearing the court, after establishing compliance with the dispositional considerations, determinations, and discussions required by law, may receive any relevant and material evidence helpful in determining the proper disposition to be made. It shall include written reports required by law, and may include, but shall not be limited to, the child’s need for substance abuse evaluation and/or treatment, and any psychiatric or psychological evaluations of the child that may be obtained and that are relevant and material. Such evidence may be received by the court and may be relied upon to the extent of its probative value, even though not competent in an adjudicatory hearing. In any case in which it is necessary or consented to by the parties that disposition be pronounced by a judge other than the judge who presided at the adjudicatory hearing or accepted a plea of guilty or nolo contendere, the sentencing judge shall not pronounce disposition until the judge becomes acquainted with what transpired at the adjudicatory hearing, or the facts concerning the plea and the offense, including any plea discussions if a plea of guilty or nolo contendere was entered.
(b) Appointment of Counsel. Counsel shall be appointed at all disposition hearings, including cases transferred from other counties and restitution hearings, if the child qualifies for such appointment and does not waive counsel in writing as required by rule 8.165.
(c) Disclosure. The child, the child’s attorney, the child’s parent or custodian, and the state attorney shall be entitled to disclosure of all information in the predisposition report and all reports and evaluations used by the department in the preparation of the report.
(d) Disposition Order. The disposition order shall be prepared and distributed by the clerk of the court. Copies shall be provided to the child, defense attorney, state attorney, and department representative. Each case requires a separate disposition order. The order shall:
(1) state the name and age of the child;
(2) state the disposition of each count, specifying the charge title, degree of offense, and maximum penalty defined by statute and specifying the amount of time served in secure detention before disposition;
(3) state general and specific conditions or sanctions;
(4) make all findings of fact required by law;
(5) state the date and time when issued and the county and court where issued; and
(6) be signed by the court with the title of office.
(e) Fingerprints. The child’s fingerprints shall be affixed to the order of disposition.
(f) Restitution. At the disposition hearing, the court must make a determination if restitution is applicable. The amount and method of restitution is to be determined as provided by law. Copies of the restitution order shall be provided to the child, parent or guardian of the child, attorney for the child, state attorney, victim, and department representative.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2022-07-14 Amended · 346 So. 3d 1102
- Eff. 2013-07-01 Amended · 115 So.3d 286
- Eff. 2009-11-12 Amended · 24 So.3d 47
- Eff. 2007-06-21 Amended · 959 So.2d 250
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1997-01-01 Amended · 684 So.2d 756
- Eff. 1991-07-01 Amended · 589 So.2d 818
Committee notes (1)
1991 Amendment. (c) Section 985.23(3)(e), Florida Statutes, requires the court to fingerprint any child who is adjudicated or has adjudication withheld for a felony. This rule extends this requirement to all dispositions. Sentencing guidelines include scorable points for misdemeanor offenses as well as for felonies. This procedure also should assist in identifying juveniles who use false names and birthdates, which can result in the arrest of an innocent child whose name was used by the offender.