Dependency Law Finder

1. J.M. v. State 677 So. 2d 890 · 3D94-1160 · 3rd DCA 1996

   This opinion cites § 39.052 72 times, the section generally

   …is appealable. [1] We conclude that the Florida legislature has clearly made appellate review available in the instant case pursuant to subparagraphs 39.052(3)(e)1 and 3, Florida Statutes (1993) (as amended by Chapter 93-230, section 8, Laws of Fla., effective May 15, 1993). Subparagraph 39.052(3)(e)3 states: The…

2. J.M. v. State 677 So. 2d 890 · 3D94-1160-2 · 3rd DCA 1996

   This opinion cites § 39.052 61 times, the section generally

   …I must respectfully disagree because the juvenile delinquency statute expressly for *894 bids appellate review of the disposition chosen by the trial court. § 39.052(3)(k), Fla. Stat. (1993). “Disposition” is a term of art which means the sentence imposed in a juvenile case. 5 Id. In this case, the disposition selected by the…

3. State v. E.D.P. 724 So. 2d 1144 · SC92345 · Florida Supreme Court 1998

   This opinion cites § 39.052 20 times, the section generally

   · cited by 8 in all courts

   …certified the above question. [5] The State argues that this two-recommendation process is redundant and wasteful of judicial resources. We agree. Section 39.052, Florida Statutes (Supp. 1996), governs disposition proceedings in juvenile delinquency cases and states in pertinent part: (4)DISPOSITION HEARING FOR…

4. State v. E.D.P. 724 So. 2d 1144 · SC92345-2 · Florida Supreme Court 1998

   This opinion cites § 39.052 20 times, the section generally

   · cited by 5 in all courts

   …certified the above question. 5 The State argues that this two-recommendation process is redundant and wasteful-of judicial resources. We agree. Section 39.052, Florida Statutes (Supp. 1996), governs disposition proceedings in juvenile delinquency cases and states in pertinent part: (4)DISPOSITION HEARING FOR…

5. Kazakoff v. State 642 So. 2d 596 · 2D93-02681 · 2nd DCA 1994

   This opinion cites § 39.052 13 times, the section generally

   · cited by 7 in all courts

   …case for the trial court to make findings as to certain criteria it failed to address in its order transferring Kazakoff for adult prosecution under sections 39.052(2)(c) and (e), Florida Statutes (1991), and thereafter to resentence him in strict compliance with section 39.059(7), Florida Statutes (1991). The state filed a…

6. B.H. v. State 622 So. 2d 615 · 5D92-1856 · 5th DCA 1993

   This opinion cites § 39.052 10 times, the section generally

   … does not specify when the juveniles in that case had been committed to the detention from which they escaped. This is, in our view, critical since section 39.052(3)(e), Florida Statutes, also effective October 1, 1990, [1] provides that it is the juvenile court, not HRS, which ultimately designates the appropriate…

7. B.H. v. State 622 So. 2d 615 · 1D92-1856 · 1st DCA 1993

   This opinion cites § 39.052 9 times, the section generally

   · cited by 40 in all courts

   … does not specify when the juveniles in that case had been committed to the detention from which they escaped. This is, in our view, critical since section 39.052(3)(e), Florida Statutes, also effective October 1, 1990, 1 provides that it is the juvenile court, not HRS, which ultimately designates the appropriate…

8. E.A.R. v. State 4 So. 3d 614 · SC08-506 · Florida Supreme Court 2009

   This opinion cites § 39.052 7 times, the section generally

   · cited by 1 in all courts

   …means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 39.052(3) 39.09(3), in delinquency cases.... Ch. 90-208, § 3, at 1090-91, Laws of Fla.; [28] see also § 39.01(21), Fla. Stat. (Supp.1990); § 985.03(21), Fla. Stat.…

9. E.A.R. v. State 4 So. 3d 614 · SC08-506-2 · Florida Supreme Court 2009

   This opinion cites § 39.052 7 times, the section generally

   · cited by 136 in all courts

   …means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 39.052(3) 39.09(3), in delinquency cases.... Ch. 90-208, § 3, at 1090-91, Laws of Fla.; 28 see also § 39.01(21), Fla. Stat. (Supp.1990); § 985.03(21), Fla. Stat.…

10. C.B. v. State 706 So. 2d 925 · 2D96-04046 · 2nd DCA 1998

    This opinion cites § 39.052 5 times, the section generally

    …adjudicating him delinquent and committing him to the Department of Juvenile Justice. Because the trial court failed to follow the requirements of sections 39.052(4) and 322.056, Florida Statutes (1995), we reverse and remand for a new disposition hearing. Strict compliance with the statutory requirements is required in…

11. C.B. v. State 706 So. 2d 925 · DCA96-04046 · District Court of Appeal 1998

    This opinion cites § 39.052 5 times, the section generally

    · cited by 8 in all courts

    …adjudicating him delinquent and committing him to the Department of Juvenile Justice. Because the trial court failed to follow the requirements of sections 39.052(4) and 322.056, Florida Statutes (1995), we reverse and remand for a new disposition hearing. Strict compliance with the statutory requirements is required in…

12. Miller v. State 702 So. 2d 617 · DCA96-2873 · District Court of Appeal 1997

    This opinion cites § 39.052 5 times, the section generally

    · cited by 2 in all courts

    …was “old enough to be indicted for a life felony, but too young to be charged by information.” 675 So.2d at 913 . Another method was found in section 39.052(2)(a)(1993), 5 which authorized the state attorney to move for a transfer to adult court if the child was 14 years or older at the time of the alleged delinquent act and…

13. J.E.W. v. State 672 So. 2d 72 · 1D95-4119 · 1st DCA 1996

    This opinion cites § 39.052 5 times, the section generally

    …to the Department of Juvenile Justice. First, appellant argues that the trial court failed to comply with the disposition hearing requirements of section 39.052(4), Florida Statutes (1995). We agree and are obliged to reverse on this issue. We affirm, however, the restitution ordered without further discussion. …

14. J.E.W. v. State 672 So. 2d 72 · DCA95-4119 · District Court of Appeal 1996

    This opinion cites § 39.052 5 times, the section generally

    · cited by 12 in all courts

    …to the Department of Juvenile Justice. First, appellant argues that the trial court failed to comply with the disposition hearing requirements of section 39.052(4), Florida Statutes (1995). We agree and are obliged to reverse on this issue. We affirm, however, the restitution ordered without further discussion. …

15. State v. F.G. 630 So. 2d 581 · 3D92-1440 · 3rd DCA 1993

    This opinion cites § 39.052 5 times, the section generally

    …the trial court committed legal error in the procedure leading up to the imposition of the disposition orders. Specifically, the State contends that section 39.052(3), Florida Statutes (Supp. 1992) requires the trial court to order a predisposition report in every case. The State contends that in each of these four cases,…

16. State v. F.G. 630 So. 2d 581 · 3D92-1440-2 · 3rd DCA 1993

    This opinion cites § 39.052 5 times, the section generally

    · cited by 20 in all courts

    …the trial court committed legal error in the procedure leading up to the imposition of the disposition orders. Specifically, the State contends that section 39.052(3), Florida Statutes (Supp.1992) requires the trial court to. order a predisposition report in every case. The State contends that in each of these four cases,…

17. K.C. v. State 721 So. 2d 398 · 2D97-00817 · 2nd DCA 1998

    This opinion cites § 39.052 4 times, the section generally

    …finding that he was delinquent. However, we must reverse and remand for a new disposition hearing because the trial court failed to comply with section 39.052(4), Florida Statutes (1995). Section 39.052(4)(e) provides that if the trial court determines the child should be committed to the department, its reasons for…

18. K.C. v. State 721 So. 2d 398 · 2D97-00817-2 · 2nd DCA 1998

    This opinion cites § 39.052 4 times, the section generally

    · cited by 6 in all courts

    …finding that he was delinquent. However, we must reverse and remand for a new disposition hearing because the trial court failed to comply with section 39.052(4), Florida Statutes (1995). Section 39.052(4)(e) provides that if the trial court determines the child should be committed to the department, its reasons for…

19. J.P.C. v. State 712 So. 2d 1229 · 1D97-2533 · 1st DCA 1998

    This opinion cites § 39.052 4 times, the section generally

    …before imposing commitment. The court noted the decisions from this court which hold that community control is not a "restrictiveness level," and that section 39.052(4)(e)3., [1] does not apply where the change is from community control to commitment. The state argued in L.R.J., as it does here, that the two-recommendation…

20. J.P.C. v. State 712 So. 2d 1229 · DCA97-2533 · District Court of Appeal 1998

    This opinion cites § 39.052 4 times, the section generally

    · cited by 6 in all courts

    …before imposing commitment. The court noted the decisions from this court which hold that community control is not a “restrietiveness level,” and that section 39.052(4)(e)3., 1 does not apply where the change is from community control to commitment. The state argued in L.R.J., as it does here, that the two-recommendation…

21. K.Y.L. v. State 685 So. 2d 1380 · 1D96-1060 · 1st DCA 1997

    This opinion cites § 39.052 4 times, the section generally

    …challenge their commitments to the Department of Juvenile Justice (the department). Because the trial judge did not comply with the requirements of section 39.052(4), Florida Statutes, we vacate the commitment orders. Following an adjudicatory hearing, the trial judge found that K.Y.L. and N.L. had committed delinquent…

22. K.Y.L. v. State 685 So. 2d 1380 · DCA96-1060 · District Court of Appeal 1997

    This opinion cites § 39.052 4 times, the section generally

    · cited by 24 in all courts

    …challenge their commitments to the Department of Juvenile Justice (the department). Because the trial judge did not comply with the requirements of section 39.052(4), Florida Statutes, we vacate the commitment orders. Following an adjudicatory hearing, the trial judge found that K.Y.L. and N.L. had committed delinquent…

23. Department of Health & Rehabilitative Services v. State 616 So. 2d 91 · 5D92-608 · 5th DCA 1993

    This opinion cites § 39.052 4 times, the section generally

    · cited by 12 in all courts

    …to this case do not change the result. Chapter 39 was revised in 1990 as part of the Juvenile Justice Reform Act of 1990. Ch. 90-208, Laws of Florida. Section 39.052(3), Florida Statutes (1991) (formerly section 39.09) governs the disposition hearing in this case. Pursuant to section 39.052(3), after the court determines…

24. Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998

    This opinion cites § 39.052 3 times, the section generally

    · cited by 13 in all courts

    …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. § 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…

25. E.L. v. State 715 So. 2d 353 · 1D97-4382 · 1st DCA 1998

    This opinion cites § 39.052 3 times, the section generally

    …More particularly, appellant argues that the court's reasons for rejecting the Department's recommendation are insufficient. We disagree and affirm. Section 39.052(4)(e), Florida Statutes (Supp.1996), [1] provides the following in regard to a court's determination of the restrictiveness level for commitment of a juvenile…

26. E.L. v. State 715 So. 2d 353 · DCA97-4382 · District Court of Appeal 1998

    This opinion cites § 39.052 3 times, the section generally

    · cited by 9 in all courts

    …More particularly, appellant argues that the court’s reasons for rejecting the Department’s recommendation are insufficient. We disagree and affirm. Section 39.052(4)(e), Florida Statutes (Supp.1996), 1 provides the following in regard to a court’s determination of the restrictiveness level for commitment of a juvenile…

27. Q.L.J. v. State 714 So. 2d 628 · 1D97-4851 · 1st DCA 1998

    This opinion cites § 39.052 3 times, the section generally

    …Because we conclude that the trial court relied upon appropriate considerations, which were supported by a preponderance of the evidence, we affirm. Section 39.052(4)(e), Florida Statutes (Supp.1996), reads in pertinent part: 2. If the court determines that commitment to the department [of Juvenile Justice] is appropriate,…

28. Q.L.J. v. State 714 So. 2d 628 · DCA97-4851 · District Court of Appeal 1998

    This opinion cites § 39.052 3 times, the section generally

    · cited by 14 in all courts

    …Because we conclude that the trial court relied upon appropriate considerations, which were supported by a preponderance of the evidence, we affirm. Section 39.052(4)(e), Florida Statutes (Supp.1996), reads in pertinent part: 2. If the court determines that commitment to the department [of Juvenile Justice] is appropriate,…

29. J.L.T. v. State 717 So. 2d 68 · DCA97-4210 · District Court of Appeal 1998

    This opinion cites § 39.052 3 times, the section generally

    …The state urges this court to reconsider its decision in S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996), in which this court ruled that section 39.052(4)(e)2. “unequivocally requires the court to receive and consider a recommendation from the Department as to restrietiveness level before ordering a commitment,” 1 …

30. F.A.T. v. State 690 So. 2d 1347 · 1D96-742 · 1st DCA 1997

    This opinion cites § 39.052 3 times, the section generally

    …as a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under section 39.052(4). It is not clear from this definition whether contempt proceedings, conducted following a violation of community control, are considered to be…

31. F.A.T. v. State 690 So. 2d 1347 · DCA96-742 · District Court of Appeal 1997

    This opinion cites § 39.052 3 times, the section generally

    · cited by 4 in all courts

    …as a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under section 39.052(4). It is not clear from this definition whether contempt proceedings, conducted following a violation of community control, are considered to be…

32. T.M.B. v. State 689 So. 2d 1215 · 1D96-3402 · 1st DCA 1997

    This opinion cites § 39.052 3 times, the section generally

    …at 953, Laws of Fla.) to suggest a contrary intent on the part of the legislature. Accordingly, we reject the state's argument in this regard. Section 39.052(4)(e)3, Florida Statutes (1995), controls the outcome as to appellant's principal complaint. It reads: The court shall commit the child to the [D]epartment at the…

33. T.M.B. v. State 689 So. 2d 1215 · DCA96-3402 · District Court of Appeal 1997

    This opinion cites § 39.052 3 times, the section generally

    · cited by 23 in all courts

    …at 953, Laws of Fla.) to suggest a contrary intent on the part of the legislature. Accordingly, we reject the state’s argument in this regard. Section 39.052(4)(e)3, Florida Statutes (1995), controls the outcome as to appellant’s principal complaint. It reads: The court shall commit the child to the [Department at the…

34. P.W.G. v. State 682 So. 2d 1203 · 1D96-944 · 1st DCA 1996

    This opinion cites § 39.052 3 times, the section generally

    … The procedure by which a trial court is to select the appropriate dispositional alternative in delinquency cases is set out in subsection (4) of section 39.052, Florida Statutes (1995). Among other things, that subsection requires that the trial court consider a predisposition report prepared by the Department and,…

35. P.W.G. v. State 682 So. 2d 1203 · DCA96-944 · District Court of Appeal 1996

    This opinion cites § 39.052 3 times, the section generally

    · cited by 18 in all courts

    … The procedure by which a trial court is to select the appropriate dispositional alternative in delinquency cases is set out in subsection (4) of section 39.052, Florida Statutes (1995). Among other things, that subsection requires that the trial court consider a predisposition report prepared by the Department and,…

36. C.L.S. v. State 586 So. 2d 1173 · 1D90-3532 · 1st DCA 1991

    This opinion cites § 39.052 3 times, the section generally

    …transferred to Manatee County for disposition. In cases of delinquency, part II of Chapter 39, Florida Statutes, provides for an adjudicatory hearing, § 39.052(1), Florida Statutes (Supp. 1990), [5] and a disposition hearing, § 39.052(3), Florida Statutes (Supp. 1990). [6] The procedure set out in § 39.052(3), must be…

37. Interest of C.L.S. v. State 586 So. 2d 1173 · 2D90-3532 · 2nd DCA 1991

    This opinion cites § 39.052 3 times, the section generally

    · cited by 9 in all courts

    …transferred to Manatee County for disposition. In cases of delinquency, part II of Chapter 39, Florida Statutes, provides for an adjudicatory hearing, § 39.052(1), Florida Statutes (Supp.1990), 5 and a disposition hearing, § 39.052(3), Florida Statutes (Supp.1990). 6 The procedure set out in § 39.052(3), must be…

38. A.H.D. v. State 715 So. 2d 1145 · 2D97-3305 · 2nd DCA 1998

    This opinion cites § 39.052 2 times, the section generally

    · cited by 2 in all courts

    …on a restrictiveness level after rejecting the community control recommendation. We affirm, and adopt the interpretation of the second district of section 39.052(4)(e)(2), Florida Statutes (1995): We do not believe the statute requires the court, once it has already rejected the Department’s non-commitment recommendation to…

39. R.L.W. v. State 708 So. 2d 1032 · 5D97-1744 · 5th DCA 1998

    This opinion cites § 39.052 2 times, the section generally

    · cited by 4 in all courts

    …recommended commitment restrictiveness level six and the trial court erred when it increased the restrictiveness level without complying with section 39.052(4)(e), Florida Statutes. We affirm. Section 39.052(4)(e)3 reads: The court shall commit the child to the department at the restrictiveness level identified or…

40. J.C. v. State 707 So. 2d 967 · DCA97-1946 · District Court of Appeal 1998

    This opinion cites § 39.052 2 times, the section generally

    PER CURIAM. J.C. appeals his adjudication of delinquency on grounds that the trial court failed to make the required statutory findings pursuant to section 39.052(4)(e)(l), Florida Statutes (Supp.1996). When a trial court finds that adjudication and commitment are appropriate, it must specify its reasons for that conclusion,…

41. J.D.B. v. State 720 So. 2d 255 · 1D97-3176 · 1st DCA 1998

    This opinion cites § 39.052 2 times, the section generally

    …disagreed and imposed a commitment at level 4 without first receiving a recommendation as to commitment level from the Department. We have held that section 39.052(4)(e)(2), Florida Statutes, "unequivocally requires the court to receive and consider a recommendation from the [DJJ] as to restrictiveness level before ordering a…

42. J.D.B. v. State 720 So. 2d 255 · 2D97-3176 · 2nd DCA 1998

    This opinion cites § 39.052 2 times, the section generally

    · cited by 2 in all courts

    …disagreed and imposed a commitment at level 4 without first receiving a recommendation as to commitment level from the Department. We have held that section 39.052(4)(e)(2), Florida Statutes, “unequivocally requires the court to receive and consider a recommendation from the [DJJ] as to restrictiveness level before ordering a…

43. A.W. v. State 706 So. 2d 398 · DCA96-00924 · District Court of Appeal 1998

    This opinion cites § 39.052 2 times, the section generally

    · cited by 2 in all courts

    …committing him to the Department of Juvenile Justice. He contends, and the State concedes, that the trial court failed to follow the requirements of section 39.052(4), Florida Statutes (1995). Strict compliance with the statutory requirements is required' in disposition hearings. See M.H. v. State, 621 So.2d 527 (Fla.…

44. K.M.T. v. State 695 So. 2d 1309 · 2D95-03915 · 2nd DCA 1997

    This opinion cites § 39.052 2 times, the section generally

    · cited by 14 in all courts

    …and remand because the trial court failed to comply with statutory requirements that it make specific findings to support its dispositions. Under section 39.052(4)(e)1., Florida Statutes (1995), if the court finds that adjudication and commitment are appropriate, it must specify its reasons in writing or on the record of the…

45. R.L.B. v. State 693 So. 2d 130 · 1D96-4010 · 1st DCA 1997

    This opinion cites § 39.052 2 times, the section generally

    …trial court correctly pointed out, appellant was neither found eligible for nor did the court place him in this program. Second, and more importantly, section 39.052(4)(e)3., Florida Statutes (Supp.1996), expressly provides that [t]he court shall commit the child to the department at the restrictiveness level identified or may…

46. R.L.B. v. State 693 So. 2d 130 · DCA96-4010 · District Court of Appeal 1997

    This opinion cites § 39.052 2 times, the section generally

    · cited by 5 in all courts

    …trial court correctly pointed out, appellant was neither found eligible for nor did the court place him in this program. Second, and more importantly, section 39.052(4)(e)3., Florida Statutes (Supp.1996), expressly provides that [t]he court shall commit the child to the department at the restrictiveness level identified or may…

47. J.M. v. State 692 So. 2d 308 · 4D96-1525 · 4th DCA 1997

    This opinion cites § 39.052 2 times, the section generally

    …his adjudication as a delinquent. The state concedes that the trial court erred in failing to make requisite findings before sentencing appellant. Section 39.052(4)(e) 1., Florida Statutes (1995), formerly section 39.052(3)(e)1., provides: If the court determines that the child should be adjudicated as having committed a…

48. J.M. v. State 692 So. 2d 308 · DCA96-1525 · District Court of Appeal 1997

    This opinion cites § 39.052 2 times, the section generally

    · cited by 7 in all courts

    …his adjudication as a delinquent. The state concedes that the trial court erred in failing to make requisite findings before sentencing appellant. Section 39.052(4)(e) 1., Florida Statutes (1995), formerly section 39.052(3)(e)l., provides: If the court determines that the child should be adjudicated as having committed a…

49. O.M. v. State 689 So. 2d 1265 · 1D96-3404 · 1st DCA 1997

    This opinion cites § 39.052 2 times, the section generally

    …from the department as to restrictiveness level. This was error. In S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996), we held that "section 39.052(4)(e)2, Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering…

50. O.M. v. State 689 So. 2d 1265 · DCA96-3404 · District Court of Appeal 1997

    This opinion cites § 39.052 2 times, the section generally

    · cited by 13 in all courts

    …from the department as to restrictiveness level. This was error. In S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996), we held that “section 39.052(4)(e)2, Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering…

51. J.R.C. v. State 696 So. 2d 822 · 2D95-02560 · 2nd DCA 1997

    This opinion cites § 39.052 2 times, the section generally

    · cited by 5 in all courts

    …lower court entered the order without reviewing a predisposition report and without making findings why adjudication and commitment were appropriate. Section 39.052(4)(a), Florida Statutes (1995), requires the court to consider a predisposition report at the disposition hearing. See also B.B. v. State, 647 So.2d 268 …

52. D.D.M. v. State 662 So. 2d 384 · 5D95-156 · 5th DCA 1995

    This opinion cites § 39.052 2 times, the section generally

    …D.D.M. was committed, the trial court did not provide a statement of specific reasons for adjudication and commitment on the record or in writing. Section 39.052(3)(e), Florida Statutes (1993), provides: If the court determines that the child should be adjudicated as having committed a delinquent act and that he should be…

53. D.D.M. v. State 662 So. 2d 384 · DCA95-156 · District Court of Appeal 1995

    This opinion cites § 39.052 2 times, the section generally

    · cited by 11 in all courts

    …D.D.M. was committed, the trial court did not provide a statement of specific reasons for adjudication and commitment on the record or in writing. Section 39.052(3)(e), Florida Statutes (1993), provides: If the court determines that the child should be adjudicated as having committed a delinquent act and that he should be…

54. D.V.S. v. State 632 So. 2d 221 · 5D92-3026 · 5th DCA 1994

    This opinion cites § 39.052 2 times, the section generally

    …control programs for juveniles to adult maximum prison terms for comparable crimes, it should make that intent clear and unambiguous. Reading all of sections 39.052, 39.053 and 39.054 together it is apparent that short time limits will make many of the community control programs, educational programs and community service…

55. D.V.S. v. State 632 So. 2d 221 · DCA92-3026 · District Court of Appeal 1994

    This opinion cites § 39.052 2 times, the section generally

    · cited by 8 in all courts

    …control programs for juveniles to adult maximum prison terms for comparable crimes, it should make that intent clear and unambiguous. Reading all of sections 39.052, 39.053 and 39.054 together it is apparent that short time limits will make many of the community control programs, educational programs and community service…

56. Department of Health & Rehabilitative Services v. State 625 So. 2d 92 · 5D92-2723 · 5th DCA 1993

    This opinion cites § 39.052 2 times, the section generally

    · cited by 1 in all courts

    …12 underlying this delinquency proceeding against him occurred in the home of prospective adoptive parents. At the adjudicatory hearing pursuant to section 39.052, Florida Statutes (1991), the child pled no contest and the court ordered a predisposition report within 60 days. The public defender and HRS made known to…

57. M.H. v. State 621 So. 2d 527 · 2D92-02596 · 2nd DCA 1993

    This opinion cites § 39.052 2 times, the section generally

    …court erred in failing to consider a predisposition report before the adjudication and commitment. These disposition procedures are required by subsections 39.052(3)(a) and (e)1, Florida Statutes, (1991), and failure to strictly comply with them is reversible error. See R.G.S. v. State, 597 So.2d 816 (Fla. 2d DCA), …

58. M.H. v. State 621 So. 2d 527 · DCA92-02596 · District Court of Appeal 1993

    This opinion cites § 39.052 2 times, the section generally

    · cited by 15 in all courts

    …court erred in failing to consider a predisposition report before the adjudication and commitment. These disposition procedures are required by subsections 39.052(3)(a) and (e)1, Florida Statutes, (1991), and failure to strictly comply with them is reversible error. See R.G.S. v. State, 597 So.2d 816 (Fla. 2d DCA), …

59. P.D.W. v. State 621 So. 2d 739 · 2D91-03695 · 2nd DCA 1993

    This opinion cites § 39.052 2 times, the section generally

    …Atty. Gen., Tampa, for appellee. PATTERSON, Judge. In this juvenile proceeding, the trial court failed to follow the proper procedure pursuant to section 39.052(3)(e)(1), Florida Statutes (1991), for adjudicating the appellant as having committed a delinquent act and committing him to the Department of Health and…

60. P.D.W. v. State 621 So. 2d 739 · DCA91-03695 · District Court of Appeal 1993

    This opinion cites § 39.052 2 times, the section generally

    · cited by 9 in all courts

    PATTERSON, Judge. In this juvenile proceeding, the trial court failed to follow the proper procedure pursuant to section 39.052(3)(e)(l), Florida Statutes (1991), for adjudicating the appellant as having committed a delinquent act and committing him to the Department of Health and…

61. C.J. v. Rolle 608 So. 2d 117 · DCA92-1169 · District Court of Appeal 1992

    This opinion cites § 39.052 2 times, the section generally

    · cited by 3 in all courts

    …means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 39.052(3), in delinquency cases; s. 39.-408(3), in dependency cases; s. 39.44(3), in child-in-need-of-services cases; or s. 39.469, in termination of parental rights…

62. J.M.H. v. State 589 So. 2d 394 · 1D91-1839 · 1st DCA 1991

    This opinion cites § 39.052 2 times, the section generally

    … Chapter 39, Florida Statutes (Supp. 1990), authorizes the court to impose restitution on a minor who has been adjudicated a delinquent child. Section 39.052(3)(e)4 states: The court may also require that the child be placed in a community control program following the child's discharge from commitment. Community-based…

63. In the Interest of J.M.H. v. State 589 So. 2d 394 · DCA91-1839 · District Court of Appeal 1991

    This opinion cites § 39.052 2 times, the section generally

    · cited by 16 in all courts

    … Chapter 39, Florida Statutes (Supp. 1990), authorizes the court to impose restitution on a minor who has been adjudicated a delinquent child. Section 39.052(3)(e)4 states: The court may also require that the child be placed in a community control program following the child’s discharge from commitment. Community-based…

64. Turner v. State 769 So. 2d 1108 · 2D00-107 · 2nd DCA 2000

    This opinion cites § 39.052 1 time, the section generally

    · cited by 3 in all courts

    …were committed. See § 985.227, Fla. Stat. (1999). We conclude this is a substantive change in the law that became effective January 1, 1995. See § 39.052(3)(a)5.a., Fla. Stat. (Supp.1996).

65. Jeffries v. State 770 So. 2d 1157 · SC92007 · Florida Supreme Court 2000

    This opinion cites § 39.052 1 time, the section generally

    …authority a decision that is pending review in or has been reversed by this Court). . The state prosecuted Jeffries as an adult pursuant to section 39.052(3)(a)5.b(I), Florida Statutes (1995), which permits the State to file an information rather than a delinquency petition against a juvenile who is at least sixteen…

66. State v. Olivo 759 So. 2d 647 · SC94097 · Florida Supreme Court 2000

    This opinion cites § 39.052 1 time, the section generally

    · cited by 6 in all courts

    …the information indicates the date of birth as August 17, 1979. [2] Effective October 1, 1995, section 39.0587 was amended and renumbered as section 39.052(3). Both statutes enable state attorneys to prosecute juveniles as adults under limited circumstances. [3] The 175th day for trial elapsed on April 5, 1996. …

67. State v. J.P.C. 731 So. 2d 1255 · SC93 · Florida Supreme Court 1999

    This opinion cites § 39.052 1 time, the section generally

    · cited by 1 in all courts

    …rejected the Department's recommendation and committed him to the custody of the Department in low-risk placement. The First District held that under section 39.052(4)(e)2, Florida Statutes (Supp.1996), the trial court erred in imposing low-risk commitment without first seeking a second recommendation from the Department. …

68. State v. J.P.C. 731 So. 2d 1255 · SC93-2 · Florida Supreme Court 1999

    This opinion cites § 39.052 1 time, the section generally

    · cited by 6 in all courts

    …rejected the Department’s recommendation and committed him to the custody of the Department in low-risk placement. The First District held that under section 39.052(4)(e)2, Florida Statutes (Supp.1996), the trial court erred in imposing low-risk commitment without first seeking a second recommendation from the Department. …

69. J.L.O. v. State 721 So. 2d 440 · 5D97-3456 · 5th DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    …on appeal is did the court rely upon appropriate considerations in making the level 8 placement, and were they supported by a preponderance of the evidence? § 39.052(4)(e). See Q.L.J. v. State, 714 So.2d 628 (Fla. 1st DCA 1998). As outlined in Jude Orfinger's opinion, this juvenile had committed two acts of domestic…

70. J.L.O. v. State 721 So. 2d 440 · DCA97-3456 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 13 in all courts

    …on appeal is did the court rely upon appropriate considerations in making the level 8 placement, and were they supported by a preponderance of the evidence? § 39.052(4)(e). See Q.L.J. v. State, 714 So.2d 628 (Fla. 1st DCA 1998). As outlined in Jude Orfinger’s opinion, this juvenile, had committed two acts of domestic…

71. Department of Juvenile Justice v. E.R. 724 So. 2d 129 · 3D98-64 · 3rd DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 2 in all courts

    …it was well-established that the choice of facility was legislatively mandated to be the responsibility of the Department. See § 39.054, Fla. Stat. (1995); § 39.052, Fla. Stat. (Supp.1996); R.L.B. v. State, 693 So.2d 130 (Fla. 1st DCA 1997)("The court's duty to impose a restrictiveness level and its discretion in…

72. C.J. v. State 719 So. 2d 368 · DCA97-4010 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    …remand for the court to make written findings because the trial court did not give his reasons on the record or in the written order as is required by section 39.052(4)(e) 1, Florida Statutes (Supp.1996). GUNTHER, FARMER and KLEIN, JJ., concur.

73. J.B. v. State 718 So. 2d 1285 · DCA98-1014 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    …should not have entered a disposition order without first receiving and considering a predisposition report from the Department of Juvenile Justice. Section 39.052(4), Florida Statutes (Supp.1996), provides that when a child has been found to have committed a delinquent act “... (a)t the disposition hearing the court shall…

74. B.B. v. State 718 So. 2d 399 · 4D98-0390 · 4th DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    …an officer without violence. We reverse B.B.'s commitment because the trial court failed to consider a predisposition report (PDR) as required by section 39.052(3)(a), Florida Statutes (1997). B.B. v. State, 647 So.2d 268 (Fla. 4th DCA 1994). The requirement of a PDR may be waived, but only if a trial court informs…

75. B.B. v. State 718 So. 2d 399 · DCA98-0390 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 10 in all courts

    …an officer without violence. We reverse B.B.’s commitment because the trial court failed to consider a predisposition report (PDR) as required by section 39.052(3)(a), Florida Statutes (1997). B.B. v. State, 647 So.2d 268 (Fla. 4th DCA 1994). The requirement of a PDR may be waived, but only if a trial court informs…

76. D.L.B. v. State 720 So. 2d 202 · SC92641 · Florida Supreme Court 1998

    This opinion cites § 39.052 1 time, the section generally

    …to then ask the Department for a second recommendation. A request for a second recommendation would seem particularly unnecessary in view of section 39.052(4)(e)3., Florida Statutes (1995), the next paragraph of the statute, which allows the court to reject the Department's restrictions level recommendation provided the…

77. D.L.B. v. State 720 So. 2d 202 · SC92641-2 · Florida Supreme Court 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 5 in all courts

    …to then ask the Department for a second recommendation. A request for a second recommendation would seem particularly unnecessary in view of section 39.052(4)(e)3., Florida Statutes (1995), the next paragraph of the statute, which allows the court to reject the Department’s restrictions level recommendation provided the…

78. D.K. v. State 717 So. 2d 189 · 1D97-2908 · 1st DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    …community control and then failed to obtain a recommendation from the Department as to the appropriate restrictiveness level. The defendant relies on section 39.052(4)(e)(2), Florida Statutes, which provides: If the court determines that commitment to the department is appropriate, the intake counselor or case manager shall…

79. Department of Juvenile Justice v. J.R. 716 So. 2d 872 · 1D98-102 · 1st DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 3 in all courts

    …was well-established that the choice of facility was legislatively mandated to be the responsibility of the Department. See § 39.054, Fla. Stat. (1995); § 39.052, Fla. Stat. (Supp.1996); R.L.B. v. State, 693 So.2d 130 (Fla. 1st DCA 1997)("The court's duty to impose a restrictiveness level and its discretion in…

80. State v. J.S. 716 So. 2d 865 · DCA97-1068 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    …guilty plea to two counts of burglary, 2 pursuant to a plea agreement whereby the court agreed to transfer the ease back to the juvenile court, under section 39.052(3), Florida Statutes (1995). After the transfer, the court imposed juvenile rather than adult sanctions, without making written findings concerning the…

81. J.B. v. State 715 So. 2d 1144 · 5D97-3028 · 5th DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    …to then ask the Department for a second recommendation. A request for a second recommendation would seem particularly unnecessary in view of section 39.052(4)(e)3., Florida Statutes (1995), the next paragraph of the statute, which allows the court to reject the Department's restrictions level recommendation provided that…

82. J.B. v. State 715 So. 2d 1144 · 1D97-3028 · 1st DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 4 in all courts

    …to then ask the Department for a second recommendation. A request for a second recommendation would seem particularly unnecessary in view of section 39.052(4)(e)3., Florida Statutes (1995), the next paragraph of the statute, which allows the court to reject the Department’s restrictions level recommendation provided that…

83. A.K. v. State 713 So. 2d 1031 · 5D97-3304 · 5th DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    …which included *1032 participation in an outpatient juvenile sexual offender treatment program. No level of commitment was included in the report. Section 39.052(4)(e)2, 3, Fla. Stat. (1996) requires the court to consider the Department's placement and restrictiveness level, and if the court disregards them, the court must…

84. A.K. v. State 713 So. 2d 1031 · DCA97-3304 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 6 in all courts

    …which included *1032 participation m an outpatient juvenile sexual offender treatment program. No level of commitment was included in the report. Section 39.052(4)(e)2, 3, Fla. Stat. (1996) requires the court to consider the Department’s placement and restrictiveness level, and if the court disregards them, the court must…

85. L.A.S. v. State 720 So. 2d 534 · DCA97-4213 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 2 in all courts

    …and imposed a low risk commitment without obtaining a further recommendation from the Department as to a restrietiveness level as required by section 39.052(4)(e)2, Florida Statutes (Supp.1996). See S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996). This was error. Accordingly, we reverse the order of commitment…

86. D.L.B. v. State 707 So. 2d 844 · 2D96-01814 · 2nd DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    …to then ask the Department for a second recommendation. A request for a second recommendation would seem particularly unnecessary in view of section 39.052(4)(e)3., Florida Statutes (1995), the next paragraph of the statute, which allows the court to reject the Department's restrictions level recommendation provided that…

87. D.L.B. v. State 707 So. 2d 844 · 1D96-01814 · 1st DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 18 in all courts

    …to then ask the Department for a second recommendation. A request for a second recommendation would seem particularly unnecessary in view of section 39.052(4)(e)3., Florida Statutes (1995), the next paragraph of the statute, which allows the court to reject the Department’s restrictions level recommendation provided that…

88. L.R.J. v. State 706 So. 2d 72 · 1D97-718 · 1st DCA 1998

    This opinion cites § 39.052 1 time, the section generally

    …1997); and S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996). These cases hold that community control is not a "restrictiveness level" and that section 39.052(4)(e)3, Florida Statutes, does not apply where the change is from community control to commitment. The State argues that this two-recommendation process is…

89. L.R.J. v. State 706 So. 2d 72 · DCA97-718 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 12 in all courts

    …1997); and S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996). These cases hold that community control is not a “restrictiveness level” and that section 39.052(4)(e)3, Florida Statutes, does not apply where the change is from community control to commitment. The State argues that this two-recommendation process is…

90. P.A. v. State 742 So. 2d 273 · DCA97-2956 · District Court of Appeal 1998

    This opinion cites § 39.052 1 time, the section generally

    · cited by 6 in all courts

    …So.2d 264 (Fla. 1st DCA 1997); G.S.C. v. State, 742 So.2d 264 (Fla. 1st DCA 1997); 1 O.M. v. State, 689 So.2d 1265 (Fla. 1st DCA 1997). Section 39.052(4)(e)2, Florida Statutes, “unequivocally requires the court to receive and consider a recommendation from the [DJJ] as to restrictiveness level before ordering a…

91. State v. W.H. 704 So. 2d 701 · DCA97-1313 · District Court of Appeal 1997

    This opinion cites § 39.052 1 time, the section generally

    …appeals the juvenile court judge’s denial of its motion to disqualify the judge. We conclude that we have jurisdiction to decide this appeal under section 39.052(4)(e)3, Florida Statutes (1995). A review of the record shows that the evidence in this case does not support the reasons orally stated by the court for its…

92. P.W.G. v. State 702 So. 2d 488 · SC89446 · Florida Supreme Court 1997

    This opinion cites § 39.052 1 time, the section generally

    · cited by 11 in all courts

    …trailer where it exploded. The trial court considered the predisposition report prepared by the Department of Juvenile Justice, as required by section 39.052, Florida Statutes (1995): (4) DISPOSITION HEARING FOR DELINQUENCY CASES.—When a child has been found to have committed a delinquent act, the following…

93. D.A.J. v. State 699 So. 2d 812 · DCA96-4929 · District Court of Appeal 1997

    This opinion cites § 39.052 1 time, the section generally

    …more restrictive placement than that recommended by the Department of Juvenile Justice are legally insufficient. We agree and, accordingly, reverse. Section 39.052(4)(e)3, Florida Statutes (1995), permits trial courts to commit delinquent children to the Department at restrie-tiveness levels different from those recommended by…

94. A.L.W. v. State 742 So. 2d 271 · DCA97-808 · District Court of Appeal 1997

    This opinion cites § 39.052 1 time, the section generally

    · cited by 14 in all courts

    …risk commitment without first obtaining a recommendation from the Department as to the restrictiveness level. This court has consistently held that section 39.052(4)(e)2, Florida Statutes, requires a trial court to obtain a restrictiveness level recommendation from the Department before ordering commitment. See R.A.M. v.…

95. M.J.P. v. State 742 So. 2d 266 · 4D97-1099 · 4th DCA 1997

    This opinion cites § 39.052 1 time, the section generally

    · cited by 12 in all courts

    …from DJJ as to restrictiveness level once it rejected the original recommendation of community *267 control. This Court has repeatedly held that section 39.052(4)(e), Florida Statutes requires the trial court to receive and consider a further recommendation from DJJ before ordering commitment when it rejects the…

96. D.A.D. v. State 697 So. 2d 234 · 5D96-2977 · 5th DCA 1997

    This opinion cites § 39.052 1 time, the section generally

    …one order of disposition, the trial court adjudicated appellant a delinquent and committed her to the Brevard Halfway House, a "level six" facility. Section 39.052(4)(e)(1), Florida Statutes (1995), provides: If the court determines that the child should be adjudicated as having committed a delinquent act and should be…

97. D.A.D. v. State 697 So. 2d 234 · DCA96-2977 · District Court of Appeal 1997

    This opinion cites § 39.052 1 time, the section generally

    · cited by 5 in all courts

    …one order of disposition, the trial court adjudicated appellant a delinquent and committed her to the Brevard Halfway House, a “level six” facility. Section 39.052(4)(e)(l), Florida Statutes (1995), provides: If the court determines that the child should be adjudicated as having committed a delinquent act and should be…

98. K.A.S. v. State 742 So. 2d 264 · DCA96-4928 · District Court of Appeal 1997

    This opinion cites § 39.052 1 time, the section generally

    · cited by 2 in all courts

    …and, without receiving a further recommendation as to a restrictiveness level, imposed a minimum-risk (level 2) commitment. This was error. Section 39.052(4)(e)2, Florida Statutes, requires the court to receive and consider a recommendation from the Department as to a restrictiveness level before ordering a…

99. R.D. v. State 742 So. 2d 255 · DCA96-3408 · District Court of Appeal 1997

    This opinion cites § 39.052 1 time, the section generally

    · cited by 4 in all courts

    …the court did so without first securing another recommendation from the Department as to restrictiveness level, its order violated the dictates of section 39.052(4)(e)2, Florida Statutes. We therefore vacate the disposition order and remand for further proceedings. S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996); …

100. J.P.M. v. State 688 So. 2d 458 · 1D96-3405 · 1st DCA 1997

     This opinion cites § 39.052 1 time, the section generally

     …from the Department as to a restrictiveness level. This was error. In S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996), we held that "section 39.052(4)(e)2, Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering…

101. J.P.M. v. State 688 So. 2d 458 · DCA96-3405 · District Court of Appeal 1997

     This opinion cites § 39.052 1 time, the section generally

     · cited by 21 in all courts

     …from the Department as to a restrictiveness level. This was error. In S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996), we held that “section 39.052(4)(e)2, Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering…

102. A.C. v. State 688 So. 2d 1004 · 2D96-01295 · 2nd DCA 1997

     This opinion cites § 39.052 1 time, the section generally

     · cited by 3 in all courts

     …in which the crime was committed, the effort of concealment by appellant, and his immaturity. We conclude that this satisfies the requirements of section 39.052(4)(e)(3), Florida Statutes (1995). See R.G.S. v. State, 597 So.2d 816 (Fla. 2d DCA), rev. denied, 601 So.2d 553 (Fla.1992); I.H. v. State, 584 So.2d…

103. A.C. v. State 688 So. 2d 1004 · DCA96-01295 · District Court of Appeal 1997

     This opinion cites § 39.052 1 time, the section generally

     · cited by 13 in all courts

     …in which the crime was committed, the effort of concealment by appellant, and his immaturity. We conclude that this satisfies the requirements of section 39.052(4)(e)(3), Florida Statutes (1995). See R.G.S. v. State, 597 So.2d 816 (Fla. 2d DCA), rev. denied, 601 So.2d 553 (Fla.1992); I.H. v. State, 584 So.2d 230 …

104. M.C. v. State 687 So. 2d 832 · 4D96-0084 · 4th DCA 1997

     This opinion cites § 39.052 1 time, the section generally

     · cited by 2 in all courts

     …the cause is remanded to the trial court for a new adjudicatory hearing. REVERSED AND REMANDED. GLICKSTEIN and DELL, JJ., concur. NOTES [1] Section 39.052(4)(e)1, Florida Statutes (1995), states: If the court determines that the child should be adjudicated as having committed a delinquent act and should be…

105. M.C. v. State 687 So. 2d 832 · DCA96-0084 · District Court of Appeal 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 4 in all courts

     …and the cause is remanded to the trial court for a new adjudicatory hearing. REVERSED AND REMANDED. GLICKSTEIN and DELL, JJ., concur. . Section 39.052(4)(e)l, Florida Statutes (1995), states: If the court determines that the child should be adjudicated as having committed a delinquent act and should be committed…

106. S.R. v. State 683 So. 2d 576 · 1D96-943 · 1st DCA 1996

     This opinion cites § 39.052 1 time, the section generally

     …without receiving a further recommendation as to a restrictiveness level, imposed a moderate risk (level 6) commitment. We reverse and remand because section 39.052(4)(e)2., Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering a…

107. In the Interest of S.R. v. State 683 So. 2d 576 · DCA96-943 · District Court of Appeal 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 43 in all courts

     …without receiving a further recommendation as to a restrictiveness level, imposed a moderate risk (level 6) commitment. We reverse and remand because section 39.052(4)(e)2., Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering a…

108. B.C. v. State 681 So. 2d 934 · DCA95-2506 · District Court of Appeal 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 1 in all courts

     …of burglary of an occupied structure and petit theft. The judge imposed sentence without consideration of a predisposition report, as required by section 39.052(4)(a), Florida Statutes (1995). The record contains no evidence that appellant waived consideration of the predisposition report. This appeal followed. We affirm…

109. A.J. v. State 677 So. 2d 935 · 4D95-2417 · 4th DCA 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 44 in all courts

     …clerical error that can be corrected on remand. [2] Because of our conclusion that the bills were not hearsay, we do not reach the issue of whether section 39.052(4)(h), Florida Statutes (1995), applies a looser evidentiary standard for restitution hearings which are part of Chapter 39 disposition hearings than is applicable…

110. S.P. v. State 676 So. 2d 1065 · DCA95-1710 · District Court of Appeal 1996

     This opinion cites § 39.052 1 time, the section generally

     PER CURIAM. We reverse the trial court’s delinquency disposition order as the record fails to reflect compliance with the requirement of section 39.052, Florida Statutes, that the court set forth, on the record or in writing, reasons for the adjudication and commitment. D.D.M. v. State, 662 So.2d 384 …

111. State v. Griffith 675 So. 2d 911 · SC85295 · Florida Supreme Court 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 24 in all courts

     … [2] Effective January 1, 1995, the state attorney may file an information against children 14 or 15 years old who are charged with sexual battery. § 39.052(3)(a)5.a., Fla.Stat. (1995). [3] The King rationale was reaffirmed by this Court in State v. Fitzpatrick, 430 So.2d 444 (Fla. 1983). [4] When an…

112. M.S. v. State 675 So. 2d 215 · 4D95-2888 · 4th DCA 1996

     This opinion cites § 39.052 1 time, the section generally

     …We disagree with his additional argument that the court did not state reasons for the commitment to level 8 instead of the recommended level 6. Section 39.052(3)(e)3, Florida Statutes (1993) requires that the court "state for the record" the reasons, and that was met in this case by the court's statements which were…

113. M.S. v. State 675 So. 2d 215 · DCA95-2888 · District Court of Appeal 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 29 in all courts

     …We disagree with his additional argument that the court did not state reasons for the commitment to level 8 instead of the recommended level 6. Section 39.052(3)(e)3, Florida Statutes (1993) requires that the court “state for the record” the reasons, and that was met in this case by the court’s statements which were…

114. State v. Wright 669 So. 2d 1132 · 3D95-931 · 3rd DCA 1996

     This opinion cites § 39.052 1 time, the section generally

     …remanding the defendant to the juvenile division of the circuit court is quashed. Certiorari granted. The current version of the statute is section 39.052(3)(a)5.b., Florida Statutes' (1995). See also id. § 39.047(4)(e).

115. A.S. v. State 667 So. 2d 994 · 3D94-3022 · 3rd DCA 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 1 in all courts

     …immediately ordered Health and Rehabilitative Services ("H.R.S.") to hold a commitment conference and make its recommendation to the court pursuant to section 39.052(4), Florida Statutes (1993) at the later scheduled disposition hearing. At the disposition hearing, H.R.S. recommended to the court that A.S. not be committed…

116. A.S. v. State 667 So. 2d 994 · DCA94-3022 · District Court of Appeal 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 30 in all courts

     …immediately ordered Health and Rehabilitative Services (“H.R.S.”) to hold a commitment conference and make its recommendation to the court pursuant to section 39.052(4), Florida Statutes (1993) at the later scheduled disposition hearing. At the disposition hearing, H.R.S. recommended to the court that A.S. not be committed…

117. Hroncich v. Department of Health & Rehabilitative Services 667 So. 2d 804 · 5D95-761 · 5th DCA 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 6 in all courts

     …means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 39.052(3), in delinquency cases; s. 39.408(3), in dependency cases; s. 39.44(3), in child-in-need-of-services cases; or s. 39.469, in termination of parental rights…

118. H.K. ex rel. Colton v. Vocelle 667 So. 2d 892 · 4D95-2940 · 4th DCA 1996

     This opinion cites § 39.052 1 time, the section generally

     · cited by 2 in all courts

     …state takes certain steps to transfer the juvenile into the adult criminal system or the child and his parent(s) demand trial as an adult pursuant to sections 39.052(2) & (3). Wholly independent of chapter 39, section 784.046 creates a civil cause of action for a protective injunction in cases of repeat violence. The statute…

119. A.P. v. State 666 So. 2d 211 · DCA94-03695 · District Court of Appeal 1995

     This opinion cites § 39.052 1 time, the section generally

     · cited by 4 in all courts

     …of fair and impartial justice. This is best achieved by allowing the parties to the proceeding to be heard, and this is what the law requires. Section 39.052(3)(c)(4), Florida Statutes (1993), provides that, prior to determining and announcing the disposition, a trial court shall give parties, including the parents, “an…

120. T.A. v. Wimberly 660 So. 2d 1130 · DCA94-1361 · District Court of Appeal 1995

     This opinion cites § 39.052 1 time, the section generally

     …hearing and thereby commence a 5-day punitive detention instanter upon adjudication. PETITION GRANTED. POLEN and STEVENSON, JJ., concur. . See § 39.052(3)(a), Fla.Stat. (Supp.1994) (court shall hold disposition hearing at which it shall consider PDR); and Fla.R.Juv.P. 8.110(g) (PDR shall be prepared before…

121. C.M. v. State 658 So. 2d 1178 · 2D94-02680 · 2nd DCA 1995

     This opinion cites § 39.052 1 time, the section generally

     …did not address in G.J.V. the appropriateness of restitution when adjudication is withheld. In that circumstance, a court's actions are governed by section 39.052(3), Florida Statutes (1993). This statutory provision gives the trial court the authority to impose restitution as a part of a community-based sanction when…

122. C.M. v. State 658 So. 2d 1178 · DCA94-02680 · District Court of Appeal 1995

     This opinion cites § 39.052 1 time, the section generally

     · cited by 3 in all courts

     …did not address in G.J.V. the appropriateness of restitution when adjudication is withheld. In that circumstance, a court’s actions are governed by section 39.052(3), Florida Statutes (1993). This statutory provision gives the trial court the authority to impose restitution as a part of a community-based sanction when…

123. State v. Levine 655 So. 2d 1258 · DCA95-1024 · District Court of Appeal 1995

     This opinion cites § 39.052 1 time, the section generally

     …CURIAM. In February of 1994, a circuit judge sitting in the juvenile division of the Dade County circuit court entered a waiver order under *1259 section 39.052(2), Florida Statutes (1993), transferring a child, Del Rey, for criminal prosecution to the criminal division of the circuit court, where the action is now…

124. H.A.W. v. State 652 So. 2d 948 · 5D94-1359 · 5th DCA 1995

     This opinion cites § 39.052 1 time, the section generally

     …court to order psychological evaluations and to require treatment for children alleged or determined to be delinquent. See, e.g., §§ 39.046(1); 39.046(2); 39.052(3), Fla. Stat. (1993). [3] However, the evaluation at issue here was not ordered by the court; rather, it was requested and paid for by the Public Defender's…

125. H.A.W. v. State 652 So. 2d 948 · DCA94-1359 · District Court of Appeal 1995

     This opinion cites § 39.052 1 time, the section generally

     · cited by 3 in all courts

     …court to order psychological evaluations and to require treatment for children alleged or determined to be delinquent. See, e.g., §§ 39.046(1); 39.046(2); 39.052(3), Fla.Stat. (1993). 3 However, the evaluation at issue here was not ordered by the court; rather, it was requested and paid for by the Public Defender’s…

126. B.H. v. State 645 So. 2d 987 · SC82361 · Florida Supreme Court 1994

     This opinion cites § 39.052 1 time, the section generally

     · cited by 74 in all courts

     …a belief that judicial involvement in determining restrictiveness levels may help cure any constitutional problem. B.H., 622 So.2d at 617 (citing § 39.052(3)(e)3, Fla. Stat. (Supp. 1990)). We respectfully disagree. The improper delegation here was from the legislature to an executive agency. It thus is irrelevant that…

127. G.M. v. State 643 So. 2d 705 · DCA94-0548 · District Court of Appeal 1994

     This opinion cites § 39.052 1 time, the section generally

     …awaiting a predisposition report, however. In this case, the essential feature of the disposition was the commitment to community control. Under section 39.052, Florida Statutes (1933), the judge may either withhold adjudication and commit the child to community control, or adjudicate and commit the child to…

128. M.S.M. v. State 639 So. 2d 189 · 2D91-03417 · 2nd DCA 1994

     This opinion cites § 39.052 1 time, the section generally

     …the transcript of the hearing revealed the specific reasons for its decision to adjudicate and commit M.S.M. The order did not, therefore, comply with section 39.052(3)(e), Florida Statutes (1991). As we stated in P.D.W. v. State, 621 So.2d 739 (Fla. 2d DCA 1993), strict compliance with this statutory section is mandatory,…

129. M.S.M. v. State 639 So. 2d 189 · DCA91-03417 · District Court of Appeal 1994

     This opinion cites § 39.052 1 time, the section generally

     · cited by 8 in all courts

     …the transcript of the hearing revealed the specific reasons for its decision to adjudicate and commit M.S.M. The order did not, therefore, comply with section 39.052(3)(e), Florida Statutes (1991). As we stated in P.D.W. v. State, 621 So.2d 739 (Fla. 2d DCA 1993), strict compliance with this statutory section is mandatory,…

130. T.L.B. v. State 626 So. 2d 1120 · DCA92-2568 · District Court of Appeal 1993

     This opinion cites § 39.052 1 time, the section generally

     · cited by 1 in all courts

     … after October 1, 1990 to a “Level VI or above” juvenile facility (§ 39.061), and the juvenile judge set the restrictiveness level pursuant to section 39.052(3)(e)(3), there is no constitutional 'problem with section 39.061. According to B.H. section 39.061 was constitutional as applied to T.L.B., and thus, it could not…

131. Troutman v. State 630 So. 2d 528 · SC80 · Florida Supreme Court 1993

     This opinion cites § 39.052 1 time, the section generally

     · cited by 74 in all courts

     …have their cases handled in the juvenile justice system, some juveniles may be tried and sentenced as adults in certain circumstances. See §§ 39.022(5); 39.052(2)(a); 39.047(4)(e)5.; 39.059, Fla. Stat. (1991). However, the Legislature has recognized that sentencing children as adults is generally not appropriate and should…

132. State v. Everett 624 So. 2d 853 · 3D93-762 · 3rd DCA 1993

     This opinion cites § 39.052 1 time, the section generally

     · cited by 4 in all courts

     …petition charging Everett in the juvenile division. The state filed a motion to transfer and to certify Everett for trial as an adult pursuant to section 39.052(2), Florida Statutes (1991). The juvenile division denied the motion. Thereafter, the state direct-filed an information against Everett in the criminal division…

133. J.Y. v. State 635 So. 2d 34 · 1D92-1381 · 1st DCA 1993

     This opinion cites § 39.052 1 time, the section generally

     · cited by 1 in all courts

     …defect may have been cured by amendments effective October 1, 1992. See § 39.061 and § 39.01(61)(c) and (d), Fla.Stat. (Supp.1992). . Section 39.052(3)(e)3, Florida Statutes (Supp. 1990) stated: The court shall commit the child to the department at the restrietiveness level identified or may order placement at…

134. B.J.M. v. Department of Health & Rehabilitative Services 627 So. 2d 512 · 3D92-1004 · 3rd DCA 1993

     This opinion cites § 39.052 1 time, the section generally

     …could express dissatisfaction with options, court could not substitute own choice of program in favor of one of three options presented by H.R.S.). Section 39.052, Florida Statutes (1991), which replaced section 39.09, likewise limits judicial input to choosing the level of restriction to be imposed, and does not…

135. B.J.M. v. Department of Health & Rehabilitative Services 627 So. 2d 512 · DCA92-1004 · District Court of Appeal 1993

     This opinion cites § 39.052 1 time, the section generally

     · cited by 4 in all courts

     …could express dissatisfaction with options, court could not substitute own choice of program in favor of one of three options presented by H.R.S.). Section 39.052, Florida Statutes .(1991), which replaced section 39.09, likewise limits judicial input to choosing the level of restriction to be imposed, and does not…

136. C.W. v. State 598 So. 2d 140 · DCA91-1719 · District Court of Appeal 1992

     This opinion cites § 39.052 1 time, the section generally

     · cited by 1 in all courts

     …Judge. This is an appeal from an order placing appellant, a juvenile, on community control for possession of cocaine. The applicable statute, section 39.052(3)(a), Florida Statutes (1991), requires that the sentencing court consider a predisposition report before properly passing sentence. Because that was not done here…

137. State v. Miller 592 So. 2d 1200 · DCA91-3665 · District Court of Appeal 1992

     This opinion cites § 39.052 1 time, the section generally

     … Dwayne Miller was charged with two counts of armed robbery with a firearm and an order of involuntary waiver was entered pursuant to sections 39.022(5)(a) and 39.052(2), Florida Statutes (Supp.1990). Under the terms of this order Miller’s case was transferred to the felony division of the circuit court where he will be tried…

138. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

     Rule amendment This opinion cites § 39.052 2 times, the section generally

     · cited by 8 in all courts

     …juvenile-offender without allowing-reasonable time for preparation of a response on behalf of-the child. * Committee Notes 1991 Amendment. (c) Section 39.052(3-)(e)5985.23(3)(e), Florida Statutes, requires the court to fingerprint any child who is adjudicated or has adjudication withheld for a felony. This rule…

139. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

     Rule amendment This opinion cites § 39.052 1 time, the section generally

     · cited by 1 in all courts

     …offender without allowing reasonable time for preparation of a response on behalf of the child. Committee Notes 1991_Amendment, (c) Section 39.032(3)(e)5 39.052(3)(e)5, Florida Statutes, requires the court to fingerprint any child who is adjudicated or has adjudication withheld for a felony. This rule extends this…

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