§ 39.054 Former number
§ 39.054 isn't in the 2026 Florida Statutes. No current section names it as a former number; many pre-1998 numbers were delinquency provisions, which moved to Chapter 985 in 1997. The opinions below cite it by this number.
Only111 opinions cite § 39.054
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N.W. v. State 767 So. 2d 446 · SC95882 · Florida Supreme Court 2000
· cited by 28 in all courts
…based on certified conflict with G.R.A. v. State, 688 So.2d 1027 (Fla. 5th DCA 1997), on the issue of whether the time limitations imposed by section 39.054(1), Florida Statutes (1995), relating to juveniles who are adjudicated delinquent, are, or should be, equally applicable to juveniles who have had adjudication…
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B.M. v. State 744 So. 2d 505 · 5D98-1883 · 5th DCA 1999
· cited by 4 in all courts
…previously ruled upon. In M.C.L., the first district held that under the predecessor statute to section 985.231(1)(a)6., Florida Statutes (1997), section 39.054(1)(f), Florida Statutes (1995), restitution could not be imposed on parents. M.C.L., 682 So.2d at 1214 . The first district held, however, that under the…
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J.O.S. v. State 689 So. 2d 1061 · SC87692 · Florida Supreme Court 1997
…by statute which give trial courts the authority to require defendants who are adjudicated guilty to repay their victims as a condition of sentence. Section 39.054 addresses generally a court's power of disposition in juvenile proceedings, while subsection (1)(f) specifically provides the authority to order restitution…
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J.O.S. v. State 689 So. 2d 1061 · SC87692-2 · Florida Supreme Court 1997
· cited by 15 in all courts
…by statute which give trial courts the authority to require defendants who are adjudicated guilty to repay their victims as a condition of sentence. Section 39.054 addresses generally a court’s power of disposition in juvenile proceedings, while subsection (1)(f) specifically provides the authority to order restitution…
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D.V.S. v. State 632 So. 2d 221 · 5D92-3026 · 5th DCA 1994
…in imposing a six-month period of community control when the maximum adult incarceration for trespass would have been sixty days. D.V.S. relies on section 39.054(4) Florida Statutes which provides: Any commitment of a delinquent child to the department shall be for an indeterminate period of time, but the time shall…
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G.R.A. v. State 688 So. 2d 1027 · 5D96-874 · 5th DCA 1997
· cited by 26 in all courts
…of community control exceeds the 60-day maximum permissible sentence for an adult guilty of disorderly conduct, a second degree misdemeanor. [4] Section 39.054(1)(a)1, Florida Statutes (1995), provides, in pertinent part: If supervision or a program of community service is ordered by the court, the duration of such…
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C.W. v. State 645 So. 2d 26 · DCA93-4136 · District Court of Appeal 1994
· cited by 2 in all courts
…the family’s health insurance does not cover this expense). Whether a trial judge can order restitution for pain and suffering damages under section 39.054(l)(f), Florida Statutes (1993), is a question of first impression. Section 39.054(1X0 in relevant part provides: (1) The court which has jurisdiction of an…
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D.V.S. v. State 632 So. 2d 221 · DCA92-3026 · District Court of Appeal 1994
· cited by 8 in all courts
…in imposing a six-month period of community control when the maximum adult incarceration for trespass would have been sixty days. D.V.S. relies on section 39.054(4) Florida Statutes which provides: Any commitment of a delinquent child to the department shall be for an indeterminate period of time, but the time shall…
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J.K. v. State 695 So. 2d 868 · 4D96-0655 · 4th DCA 1997
· cited by 15 in all courts
…relationship to the convicted offense. J.M. v. State, 661 So.2d 1285, 1286 (Fla. 4th DCA 1995); J.S.H. v. State, 472 So.2d 737, 738 (Fla.1985); § 39.054(1)(f), Fla. Stat.(1995). To apply the rule, a court must look to see if there is a causal relationship between the criminal conduct and the loss claimed by the…
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W.J. v. State 688 So. 2d 954 · 4D95-3950 · 4th DCA 1997
…a 7 p.m. curfew, when neither the curfew nor the curfew time had been orally pronounced at the time of sentencing. The court reasoned that sections 39.053(2) and 39.054(1)(a), Florida Statutes (1995), both authorized a curfew for juveniles placed in a community control program, so that a juvenile could be said to be on…
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W.J. v. State 688 So. 2d 954 · 4D95-3950-2 · 4th DCA 1997
· cited by 14 in all courts
…a 7 p.m. curfew, when neither the curfew nor the curfew time had been orally pronounced at the time of sentencing. The court reasoned that sections 39.053(2) and 39.054(l)(a), Florida Statutes (1995), both authorized a curfew for juveniles placed in a community control program, so that a juvenile could be said to be on…
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T.R. v. State 677 So. 2d 270 · SC86126 · Florida Supreme Court 1996
…in a community control program, should apply to subdivision (2). The Fourth District declined to follow the First District's construction of section 39.054, Florida Statutes (1993), the current version of section 39.11, Florida Statutes (1979). [3] Instead, the court found that the sixty-day limitation only…
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T.R. v. State 677 So. 2d 270 · SC86126-2 · Florida Supreme Court 1996
· cited by 20 in all courts
…in a community control program, should apply to subdivision (2). The Fourth District declined to follow the First District’s construction of section 39.054, Florida Statutes (1993), the current version of section 39.11, Florida Statutes (1979). 3 Instead, the court found that the sixty-day limitation only…
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E.J. v. State 595 So. 2d 282 · 1D91-01755 · 1st DCA 1992
· cited by 1 in all courts
… (Fla. 1st DCA 1989); R.H. v. State, 549 So.2d 742, 743 (Fla. 2d DCA 1989). The offense in the instant case was committed October 13, 1990. Section 39.054, Florida Statutes (Supp. 1990), effective October 1, 1990, replacing Section 39.11, Florida Statutes, however, provides in pertinent part: 39.054(4). Any…
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J.M. v. State 677 So. 2d 890 · 3D94-1160 · 3rd DCA 1996
… Id. In this case, the disposition selected by the trial court is the adjudication of J.M. delinquent and the commitment of J.M. to the Department. Id. § 39.054(1)(c). [6] By virtue of paragraph 39.052(3)(k), this court is not permitted to review, or reverse, the trial court's discretionary sentencing decision. The…
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J.M. v. State 677 So. 2d 890 · 3D94-1160-2 · 3rd DCA 1996
… Id. In this case, the disposition selected by the trial court is the adjudication of J.M. delinquent and the commitment of J.M. to the Department. Id. § 39.054(l)(c). 6 By virtue of paragraph 39.052(3)(k), this court is not permitted to review, or reverse, the trial court’s discretionary sentencing decision. The…
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C.W. v. State 655 So. 2d 87 · SC84831 · Florida Supreme Court 1995
…1994), in which the district court of appeal certified the following question to be of great public importance: DOES THE GRANT OF AUTHORITY UNDER SECTION 39.054(1)(f), FLORIDA STATUTES (1993), TO ORDER RESTITUTION FOR "ANY" DAMAGE, INCLUDE DAMAGE FOR PAIN AND SUFFERING? We have jurisdiction pursuant to article V, section…
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C.W. v. State 655 So. 2d 87 · SC84831-2 · Florida Supreme Court 1995
· cited by 4 in all courts
…1994), in which the district court of appeal certified the following question to be of great public importance: DOES THE GRANT OF AUTHORITY UNDER SECTION 39.054(l)(f), FLORIDA STATUTES (1993), TO ORDER RESTITUTION FOR “ANY” DAMAGE, INCLUDE DAMAGE FOR PAIN AND SUFFERING? We have jurisdiction pursuant to article V, section…
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E.J. v. State 595 So. 2d 282 · DCA91-01755 · District Court of Appeal 1992
· cited by 19 in all courts
…Section 39.-054, Florida Statutes (Supp.1990), effective October 1, 1990, replacing Section 39.11, Florida Statutes, however, provides in pertinent part: 39.054(4). Any commitment of a delinquent child to the department shall be for an indeterminate period of time, but the time shall not exceed the maximum term of…
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J.A.B. v. State 25 So. 3d 554 · SC08-2326 · Florida Supreme Court 2010
· cited by 3 in all courts
…is ordered by the court, the amount of restitution shall not exceed an amount the child and his parents could reasonably be expected to pay or make." § 39.054(1)(a)(2), Fla. Stat. (Supp.1990) (emphasis added). This provision was added by the Legislature in 1990 and was relied upon by J.A.M., although the citation in the…
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M.H. v. State 698 So. 2d 395 · 4D96-2918 · 4th DCA 1997
…pursuant to subsection 39.022(4)(c), Florida Statutes (1995). The defendant argues that the imposition of restitution in this case contravened subsection 39.054(1)(a)1, which provides: When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could…
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M.H. v. State 698 So. 2d 395 · DCA96-2918 · District Court of Appeal 1997
· cited by 4 in all courts
…pursuant to subsection 39.022(4)(c), Florida Statutes (1995). The defendant argues that the imposition of restitution in this case contravened subsection 39.054(l)(a)l, which provides: When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the “parent or guardian could…
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In Interest of C.D.D. 684 So. 2d 866 · 2D95-02576 · 2nd DCA 1996
· cited by 1 in all courts
…child's parent or guardian, or in kind for any damage or loss caused by the child's offense in a reasonable amount or manner to be determined by the court." § 39.054(1)(f), Fla. Stat. (1995). The trial court ordered C.D.D. and his mother to pay $14,350 in restitution. Of that amount, the state did not present any evidence that…
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C.D.D. v. State 684 So. 2d 866 · DCA95-02576 · District Court of Appeal 1996
· cited by 5 in all courts
…child’s parent or guardian, or in kind for any damage or loss caused by the child's offense in a reasonable amount or manner to be determined by the court.” § 39.054(l)(f), Fla. Stat. (1995). The trial court ordered C.D.D. and hi's mother to pay $14,350 in restitution. Of that amount, the state did not present any evidence that…
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A.B.C. v. State 682 So. 2d 553 · SC88182 · Florida Supreme Court 1996
…District affirmed the trial court's order, citing the statutory authorization for curfew "as a penalty component of community control," sections 39.053(2), 39.054(1)(a), Florida Statutes (Supp.1994), and our recent decision in State v. Hart, 668 So.2d 589 (Fla.1996) (holding that statutorily authorized conditions of…
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A.B.C. v. State 682 So. 2d 553 · SC88182-2 · Florida Supreme Court 1996
· cited by 10 in all courts
…District affirmed the trial court’s order, citing the statutory authorization for curfew “as a penalty component of community control,” sections 39.053(2), 39.054(l)(a), Florida Statutes (Supp.1994), and our recent decision in State v. Hart, 668 So.2d 589 (Fla.1996) (holding that statutorily authorized conditions of…
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A.J. v. State 677 So. 2d 935 · 4D95-2417 · 4th DCA 1996
· cited by 44 in all courts
…next contends that because he was too young to get a job, the court erred in imposing restitution since appellant did not have the ability to pay it. Section 39.054(1)(a)1, Florida Statutes (1995), requires that the amount of restitution ordered as part of community control "may not exceed an amount the child ... could…
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C.P. v. State 674 So. 2d 183 · 2D94-04152 · 2nd DCA 1996
…the appellant's contention that the trial court erred in placing her on a community control program for an indeterminate term exceeding five years. Section 39.054, Florida Statutes (1993), provides in relevant part: 39.054(1)(a)1. If supervision or a program of community service is ordered by the court, the duration…
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C.P. v. State 674 So. 2d 183 · DCA94-04152 · District Court of Appeal 1996
· cited by 22 in all courts
…the appellant’s contention that the trial court erred in placing her on a community control program for an indeterminate term exceeding five years. Section 39.054, Florida Statutes (1993), provides in relevant part: 39.054(l)(a)l. If supervision or a program of community service is ordered by the court, the duration…
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State v. F.G. 630 So. 2d 581 · 3D92-1440 · 3rd DCA 1993
…by law. For example, when a court commits an adjudicated delinquent child to the Department of Health and Rehabilitative Services pursuant to section 39.054, Florida Statutes (Supp. 1992), the commitment must be for an indeterminate period of time until the child reaches the age of nineteen, unless sooner…
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A.R. v. State 593 So. 2d 1128 · 1D91-1991 · 1st DCA 1992
…90-208, Laws of Fla. Recently, in E.J. v. State, 595 So.2d 282 (Fla. 1st DCA 1992) (corrected opinion), this court interpreted the portions of Section 39.054, Florida Statutes (Supp. 1990), which address community control programs. That decision determines the outcome here. Based upon E.J., we conclude that it…
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A.R. v. State 593 So. 2d 1128 · DCA91-1991 · District Court of Appeal 1992
· cited by 14 in all courts
…90-208, Laws of Fla. Recently, in EJ. v. State, 595 So.2d 282 (Fla. 1st DCA 1992) (corrected opinion), this court interpreted the portions of Section 39.054, Florida Statutes (Supp. 1990), which address community control programs. That decision determines the outcome here. Based upon EJ., we conclude that it…
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Schuette v. State 822 So. 2d 1275 · SC01-1254 · Florida Supreme Court 2002
· cited by 32 in all courts
…the damages or loss caused by his offense .... (Emphasis supplied.) [5] The Court concluded that the analysis was equally applicable under both section 39.054(1)(f), Florida Statutes (Supp.1994), and section 775.089(1)(a). See id. Section 39.054(1)(f) is the successor statute to section 39.11(1)(g), which this Court…
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Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998
· cited by 13 in all courts
…an appropriate concern of a juvenile judge at every stage of a Chapter 39 proceeding is whether custodial facilities are "secure and safe." Section 39.054(1), Florida Statutes (1995), "empowers the trial court to determine an appropriate sanction and rehabilitative program for the adjudicated delinquent child." …
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J.S. v. State 717 So. 2d 175 · 4D97-2133 · 4th DCA 1998
…of wages lost because of a victim's compliance with the demands of the criminal justice system, after a defendant has been charged with a crime. Section 39.054(1)(f), Florida Statutes (1995), authorizes a court to order a juvenile "to make restitution ... for any damage or loss caused by the child's offense." [1] This…
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J.S. v. State 717 So. 2d 175 · 4D97-2133-2 · 4th DCA 1998
· cited by 20 in all courts
…of wages lost because of a victim’s compliance with the demands of the criminal justice system, after a defendant has been charged with a crime. Section 39.054(l)(f), Florida Statutes (1995), authorizes a court to order a juvenile “to make restitution ... for any damage or loss caused by the child’s offense.” 1 This…
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R.L.B. v. State 703 So. 2d 1245 · 5D97-461 · 5th DCA 1998
…under section 810.02(4), Florida Statutes (1995), and petit theft, a second degree misdemeanor under section 812.014(3)(a), Florida Statutes (1995). Section 39.054(1)(a)1, Florida Statutes (1995) states that the length of supervision over a juvenile shall not exceed the maximum term for which he or she may be incarcerated. [1]…
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R.L.B. v. State 703 So. 2d 1245 · DCA97-461 · District Court of Appeal 1998
· cited by 15 in all courts
…under section 810.02(4), Florida Statutes (1995), and petit theft, a second degree misdemeanor under section 812.014(3)(a), Florida Statutes (1995). Section 39.054(l)(a)l, Florida Statutes (1995) states that the length of supervision over a juvenile shall not exceed the maximum term for which he or she may be incarcerated. 1 …
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M.B. v. State 693 So. 2d 1066 · 4D94-3232 · 4th DCA 1997
…service program for a term which exceeds the maximum term for the underlying offense. See A.R. v. State, 593 So.2d 1128 (Fla. 1st DCA 1992). Section 39.054(1)(a)1, Florida Statutes (1993), provides: If supervision or a program of community service is ordered by the court, the duration of such supervision or program…
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M.B. v. State 693 So. 2d 1066 · 4D94-3232-2 · 4th DCA 1997
· cited by 11 in all courts
…service program for a term which exceeds the maximum term for the underlying offense. See A.R. v. State, 593 So.2d 1128 (Fla. 1st DCA 1992). Section 39.054(l)(a)l, Florida Statutes (1993), provides: If supervision or a program of community service is ordered by the court, the duration of such supervision or program…
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M.C.L. v. State 682 So. 2d 1209 · 1D95-3409 · 1st DCA 1996
…order under review mandates her participation *1214 with her child in fulfilling a court-imposed sanction, specifically, the child's moral training. Section 39.054, Florida Statutes (Supp. 1994), however provides: Powers of disposition. .... (5) In carrying out the provisions of this part, the court may order the…
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M.C.L. v. State 682 So. 2d 1209 · DCA95-3409 · District Court of Appeal 1996
· cited by 9 in all courts
…order under review mandates her participation *1214 with her child in fulfilling a court-imposed sanction, specifically, the child’s moral training. Section 39.054, Florida Statutes (Supp. 1994), however provides: Powers of disposition.— [[Image here]] (5) In carrying out the provisions of this part, the court may…
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C.M. v. State 676 So. 2d 498 · 1D95-851 · 1st DCA 1996
…October 19, 1994. The "powers of disposition" available to a trial court which "has jurisdiction of an adjudicated delinquent child" are enumerated in section 39.054, Florida Statutes (Supp.1994). Among those powers is that set out in subsection (1)(f), pursuant to which the court may [a]s part of the community control…
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C.M. v. State 676 So. 2d 498 · DCA95-851 · District Court of Appeal 1996
· cited by 6 in all courts
…October 19, 1994. The “powers of disposition” available to a trial court which “has jurisdiction of an adjudicated delinquent child” are enumerated in section 39.054, Florida Statutes (Supp.1994). Among those powers is that set out in subsection (l)(f), pursuant to which the court may [a]s part of the community control…
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T.L.P. v. State 657 So. 2d 49 · DCA94-04115 · District Court of Appeal 1995
…T.L.P. was not charged as an adult by information nor pursuant to a waiver hearing. Therefore, the trial court’s power of disposition was governed by section 39.054, Florida Statutes (1993). Section 39.054 sets forth the disposition alternatives available to a court that has jurisdiction of a child adjudicated…
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G.J.V. v. State 637 So. 2d 78 · 2D93-01144 · 2nd DCA 1994
…and Rehabilitative Services if he returns to Pinellas County. Although the court had several sentencing alternatives available to it pursuant to section 39.054, Florida Statutes (1991), it imposed none of them except restitution. Specifically the court did not impose any community control described in section…
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G.J.V. v. State 637 So. 2d 78 · DCA93-01144 · District Court of Appeal 1994
· cited by 5 in all courts
…and Rehabilitative Services if he returns to Pinellas County. Although the court had several sentencing alternatives available to it pursuant to section 39.054, Florida Statutes (1991), it imposed none of them except restitution. Specifically the court did not impose any community control described in section…
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J.M.H. v. State 589 So. 2d 394 · 1D91-1839 · 1st DCA 1991
…driver's license of the child, community service, and appropriate educational programs as determined by the district school board. (Emphasis added). Section 39.054(1) states: The court which has jurisdiction of an adjudicated delinquent child shall have the power, by an order stating the facts upon which a determination…
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C.C.B. v. State 782 So. 2d 473 · 4D00-2071 · 4th DCA 2001
· cited by 8 in all courts
…order." (affirmed trial court's order imposing a curfew as a condition of community control even though it was not orally pronounced because sections 39.053(2) and 39.054(1)(a), authorize a curfew for juveniles placed in a community control program). Other than conditions which are statutorily authorized or mandated by probation or…
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S.R.A. v. State 766 So. 2d 277 · 4D99-0271 · 4th DCA 2000
· cited by 8 in all courts
…. The fifth district arrived at this holding without extensive analysis. The court recognized that where adjudication was withheld, the limitations of section 39.054(1)(a)1, Florida Statutes (1995), did not apply. See id. However, the fifth district then reasoned: Nonetheless, the court should not be able to impose a…
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N.W. v. State 736 So. 2d 710 · 2D97-04640 · 2nd DCA 1999
…the proceedings because its jurisdiction over N.W. expired six months after the December 13, 1996, disposition order. This argument was premised on section 39.054(1)(a)1., Florida Statutes (1995), [1] which provides that a child adjudicated delinquent for a second degree misdemeanor may be placed under supervision or on…
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N.W. v. State 736 So. 2d 710 · 4D97-04640 · 4th DCA 1999
· cited by 2 in all courts
…the proceedings because its jurisdiction over N.W. expired six months after the December 13, 1996, disposition order. This argument was premised on section 39.054(l)(a)l., Florida Statutes (1995), 1 which provides that a child adjudicated delinquent for a second degree misdemeanor may be placed under supervision or on…
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Williams v. State 707 So. 2d 683 · SC88745 · Florida Supreme Court 1998
· cited by 27 in all courts
…in setting out the penalties for adult criminal convictions. However, in delineating the disposition alternatives for an adjudicated delinquent in section 39.054, Florida Statutes (1993), the legislature uses the term "commitment." See, e.g., § 39.054(1)(h), Fla. Stat. (1993) ("Any commitment of a child to a…
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Polk v. State 700 So. 2d 1250 · DCA96-4232 · District Court of Appeal 1997
…to the payment of these salaries, this was not damage or loss caused by the offense and such reimbursement may not be compelled as restitution under section 39.054(1)(f).” 1 Accordingly, we reverse and remand that portion of the order of restitution authorizing reimbursement for wages paid to school employees during the…
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B.D.A. v. State 695 So. 2d 399 · 1D96-3879 · 1st DCA 1997
…for teacher and administrative staff salaries for each of the days involved, apparently on the theory that this was lost instructional time. However, Section 39.054(1)(f), Florida Statutes, authorizes restitution only as to the damage or loss caused by the child's offense. Here, the teachers and administrative staff continued…
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B.D.A. v. State 695 So. 2d 399 · DCA96-3879 · District Court of Appeal 1997
· cited by 2 in all courts
…for teacher and administrative staff salaries for each of the days involved, apparently on the theory that this was lost instructional time. However, Section 39.054(l)(f), Florida Statutes, authorizes restitution only as to the damage or loss caused by the child’s offense. Here, the teachers and administrative staff continued…
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T.S. v. State 682 So. 2d 1202 · 4D95-3028 · 4th DCA 1996
…its language authorizing a trial court to place a "child in a community control program ... under such reasonable conditions as the court may direct," section 39.054(1)(a), Florida Statutes (1995), allows trial courts the discretion to impose special conditions of community control. The discretion to impose special conditions…
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T.S. v. State 682 So. 2d 1202 · DCA95-3028 · District Court of Appeal 1996
· cited by 3 in all courts
…language authorizing a trial' court to place a “child in a community control program ... under such reasonable conditions as the court may direct,” section 39.054(l)(a), Florida Statutes (1995), allows trial courts the discretion to impose special conditions of community control. The discretion to impose special conditions…
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State v. M.C. 666 So. 2d 877 · SC84636 · Florida Supreme Court 1995
…this decision, to make the sixty-day period provided in the criminal rules applicable to juvenile proceedings. NOTES [1] The State's reliance on section 39.054(1) and (3), Florida Statutes (1993), is misplaced. Rather than being a modification, the subject order imposed restitution for the first time. See Clark v.…
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A.S. v. State 627 So. 2d 1265 · DCA92-1647 · District Court of Appeal 1993
· cited by 1 in all courts
…that all the record evidence demonstrated that his mother had made diligent good faith efforts to prevent him from engaging in delinquent acts. Section 39.054(1)©, Florida Statutes (1991), provides in part as follows: “ * * * in the case of a committed child, as part of the community-based sanctions ordered by the…
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State v. F.G. 630 So. 2d 581 · 3D92-1440-2 · 3rd DCA 1993
· cited by 20 in all courts
…by law. For example, when a court commits an adjudicated delinquent child to the Department of Health and Rehabilitative Services pursuant to section 39.054, Florida Statutes (Supp.1992), the commitment must be for an indeterminate period of time until the child reaches the age of nineteen, unless sooner…
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M.H. v. State 621 So. 2d 527 · 2D92-02596 · 2nd DCA 1993
…expires. Therefore his term, by operation of law, will last until his nineteenth birthday. See E.J. v. State, 595 So.2d 282 (Fla. 1st DCA 1992); §§ 39.054(4) and 39.054(1)(a)5, Fla. Stat. (1991). Reversed and remanded. FRANK, C.J., and HALL, J., concur.
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M.H. v. State 621 So. 2d 527 · DCA92-02596 · District Court of Appeal 1993
· cited by 15 in all courts
…expires. Therefore his term, by operation of law, will last until his nineteenth birthday. See E.J. v. State, 595 So.2d 282 (Fla. 1st DCA 1992); §§ 39.054(4) and 39.054(1)(a)5, Fla.Stat. (1991). Reversed and remanded. FRANK, C.J., and HALL, J., concur.
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C.F. v. State 603 So. 2d 40 · 4D91-2826 · 4th DCA 1992
…not exceed the period prescribed by law for the crime involved or extend past the child's nineteenth birthday, whichever comes first. We disagree. Section 39.054(1)(a)5, Florida Statutes (1991), provides that: * * * the term of any order placing a child in a community control program shall be until his 19th birthday unless…
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C.F. v. State 603 So. 2d 40 · DCA91-2826 · District Court of Appeal 1992
· cited by 9 in all courts
…not exceed the period prescribed by law for the crime involved or extend past the child’s nineteenth birthday, whichever comes first. We disagree. Section 39.054(l)(a)5, Florida Statutes (1991), provides that: * * * the term of any order placing a child in a community control program shall be until his 19th birthday unless…
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In Interest of J.M. 601 So. 2d 604 · 4D91-2613 · 4th DCA 1992
· cited by 6 in all courts
…authority. We also find merit in appellant's second point on appeal that the amount of restitution ordered was error. Appellant stole one bicycle. Section 39.054(1)(f), Florida Statutes (Supp. 1990), provides that a court "may order the child or parent to make restitution in money or in kind for any damage or loss caused by…
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In the Interest of J.M.H. v. State 589 So. 2d 394 · DCA91-1839 · District Court of Appeal 1991
· cited by 16 in all courts
…driver’s license of the child, community service, and appropriate educational programs as determined by the district school board. (Emphasis added). Section 39.054(1) states: The court which has jurisdiction of an adjudicated delinquent child shall have the power, by an order stating the facts upon which a determination…
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Frisco v. State Farm Florida Insurance Company 2D2024-0464 · 2nd DCA 2025
…the statutory exception to apply beyond the circumstances authorized by the legislature. Cf. N.W. v. State, 767 So. 2d 446, 450 (Fla. 2000) ("In section 39.054(1) the legislature made it abundantly clear that it knows how to impose time restrictions upon dispositions of juveniles who have been adjudicated delinquent.…
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E.G. v. State 180 So. 3d 1152 · 4D14-1499 · 4th DCA 2015
· cited by 2 in all courts
…see § 985.437, Fla. Stat. (2014); A.G. v. State, 718 So. 2d 854, 855 (Fla. 4th DCA 1998) (stating that restitution in a juvenile proceeding under section 39.054(1)(f), Florida Statutes (1995), the predecessor to current section 985.437, “is treated the same as restitution in adult proceedings under section 775.089”). Under…
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A.B. v. State 910 So. 2d 415 · 4D04-1716 · 4th DCA 2005
· cited by 8 in all courts
…for Plew's pain and suffering. Reversed and Remanded. STEVENSON, C.J., POLEN and TAYLOR, JJ., concur. NOTES [1] This ruling was based on section 39.054(1)(f), Florida Statutes (1993), which the legislature repealed in 1997 and replaced with section 985.231. The wording of both statutes as to "any damage," in…
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Koile v. State 902 So. 2d 822 · 5D04-91 · 5th DCA 2005
· cited by 23 in all courts
…39 does not authorize the award of lost wages because of a victim's compliance with the demands of the criminal justice system. The court examined section 39.054(1)(f), Florida Statutes (1995), which authorizes restitution against juvenile offenders, and noted that: Generally, costs resulting from participation in court…
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E.M. v. State 761 So. 2d 1177 · 4D99-2497 · 4th DCA 2000
· cited by 1 in all courts
…of a total amount of restitution in a restitution order.” M.H. v. State, 698 So.2d 395, 396 (Fla. 4th DCA 1997) (discussing the effect of section 39.054(1)(a)1, Florida Statutes (1995)); see § 985.01(l)(c), Fla. Stat. (1999) (identifying as a purpose of Chapter 985 to provide “whenever possible restitution to the…
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Department of Juvenile Justice v. E.R. 724 So. 2d 129 · 3D98-64 · 3rd DCA 1998
· cited by 2 in all courts
…985.231, Fla. Stat. (1997).] 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…
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Department of Juvenile Justice v. J.R. 716 So. 2d 872 · 1D98-102 · 1st DCA 1998
· cited by 3 in all courts
…former chapter 39 [2] 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…
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A.G. v. State 718 So. 2d 854 · 4D97-1823 · 4th DCA 1998
· cited by 1 in all courts
…or damage caused by defendant's offense and the loss or damage related to defendant's criminal episode. Although restitution in this case was under section 39.054(1)(f), Florida Statutes (1995), it is treated the same as restitution in adult proceedings under section 775.089, Florida Statutes (1995). See J.O.S. v. State, …
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A.G. v. State 718 So. 2d 854 · DCA97-1823 · District Court of Appeal 1998
· cited by 16 in all courts
…or damage caused by defendant’s offense and the loss or damage related to defendant’s criminal episode. Although restitution in this case was under section 39.054(l)(f), Florida Statutes (1995), it is treated the same as restitution in adult proceedings under section 775.089, Florida Statutes (1995). See J.O.S. v. State, …
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Triplett v. State 709 So. 2d 107 · 5D96-3467 · 5th DCA 1998
· cited by 7 in all courts
…restitution could exceed the maximum dollar value defining the offense for which the defendant is convicted) and in the context of a juvenile statute (section 39.054(1)(f) Florida Statutes) which permits restitution only "for any damage or loss caused by the child's offense...." The court did not expressly consider whether the…
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S.P. v. State 705 So. 2d 124 · DCA96-04960 · District Court of Appeal 1998
…is a high school dropout, who is trying to get her general equivalency diploma (GED). She is also an unemployed single mother living on welfare. Section 39.054(1)(a)1, Florida Statutes (1995), provides in part that: “When restitution is ordered by the court, the amount of restitution may not exceed an amount the child…
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K.C. v. State 696 So. 2d 1331 · DCA96-1936 · District Court of Appeal 1997
…to correct Appellant’s sentence to specify the maximum length of term of commitment, rather than doing so solely by reference to the juvenile statute, section 39.054(4), Florida Statutes (1995). AS. v. State, 677 So.2d 1002 (Fla. *1332 4th DCA 1996); M.S. v. State, 675 So.2d 215 (Fla. 4th DCA 1996). STONE,…
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F.A.T. v. State 690 So. 2d 1347 · 1D96-742 · 1st DCA 1997
…the instant contempt proceedings cannot be considered to be post-dispositional, as argued by the state. Lending further support to this view is section 39.054, which sets forth the court's powers of disposition. Subsection (1)(a) allows the court to place a child in a community control program. Subsection (1)(a)…
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F.A.T. v. State 690 So. 2d 1347 · DCA96-742 · District Court of Appeal 1997
· cited by 4 in all courts
…the instant contempt proceedings cannot be considered to be post-disposi-tional, as argued by the state. Lending further support to this view is section 39.054, which sets forth the court’s powers of disposition. Subsection (l)(a) allows the court to place a child in a community control program. Subsection (l)(a)…
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Davis v. State 677 So. 2d 1366 · 4D95-0231 · 4th DCA 1996
· cited by 12 in all courts
…Section 39.059(7)(e) now states: If the court determines not to impose youthful offender or adult sanctions, the court may order disposition pursuant to s. 39.054 as an alternative to youthful offender or adult sentencing. As we observed in Cooper , before the amendments, subsection (7)(e) identified only two…
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A.L.B. v. State 675 So. 2d 668 · DCA95-2985 · District Court of Appeal 1996
· cited by 2 in all courts
…557 So.2d 916, 917 (Fla. 4th DCA 1990). Here, at the request of the community control counselor, and apparently out of a shared dissatisfaction with section 39.054(1)(a)3, Florida Statutes (Supp.1994), which set forth the procedure for handling violations of community control, the trial court resorted to indirect criminal…
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J.O.S. v. State 668 So. 2d 1082 · 1D95-3658 · 1st DCA 1996
…criminal mischief, the trial court ordered appellant to pay $1,092.00 in restitution. This appeal follows. We begin our analysis by reference to section 39.054(1)(f), Florida Statutes (Supp. 1994), which provides, in relevant part, that "[t]he court that has jurisdiction of an adjudicated delinquent child may ... [among…
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J.O.S. v. State 668 So. 2d 1082 · DCA95-3658 · District Court of Appeal 1996
· cited by 11 in all courts
…criminal mischief, the trial court ordered appellant to pay $1,092.00 in restitution. This appeal follows. We begin our analysis by reference to section 39.054(l)(f), Florida Statutes (Supp. 1994), which provides, in relevant part, that “[t]he court that has jurisdiction of an adjudicated delinquent child may ... [among…
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S.P. v. State 664 So. 2d 1064 · 2D94-04154 · 2nd DCA 1995
· cited by 6 in all courts
…occurred first. At the time of disposition, S.P. was fifteen years and ten months old. Thus, he would be nineteen in three years and two months. Section 39.054(4), Florida Statutes (1993), provides: "Any commitment of a delinquent child to the department shall be for an indeterminate period of time, but the time shall…
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C.M. v. State 658 So. 2d 1178 · 2D94-02680 · 2nd DCA 1995
… (Fla. 2d DCA 1994). This court in G.J.V. held restitution can only be imposed when an adjudicated child is committed or placed on community control. § 39.054, Fla. Stat. (1993). We did not address in G.J.V. the appropriateness of restitution when adjudication is withheld. In that circumstance, a court's actions…
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C.M. v. State 658 So. 2d 1178 · DCA94-02680 · District Court of Appeal 1995
· cited by 3 in all courts
… (Fla. 2d DCA 1994). This court in G.J.V. held restitution can only be imposed when an adjudicated child is committed or placed on community control. § 39.054, Fla. Stat. (1993). We did not address in G.J.V. the appropriateness of restitution when adjudication is withheld. In that circumstance, a court’s actions…
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J.M. v. State 658 So. 2d 1128 · 2D94-02472 · 2nd DCA 1995
…a security system installed in the residence subsequent to the burglary. We agree that it was error to order J.M. to pay for the security system. Section 39.054(1)(f), Florida Statutes (1993), permits the award of restitution for "any damage or loss caused by the child's offense... ." The damage or loss for which *1129 …
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J.M. v. State 658 So. 2d 1128 · DCA94-02472 · District Court of Appeal 1995
· cited by 11 in all courts
…a security system installed in the residence subsequent to the burglary. We agree that it was error to order J.M. to pay for the security system. Section 39.054(l)(f), Florida Statutes (1993), permits the award of restitution for “any damage or loss caused by the child’s offense....” The damage or loss for which *1129…
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State v. M.C. 666 So. 2d 877 · SC84636-2 · Florida Supreme Court 1995
· cited by 14 in all courts
…HARDING and WELLS, JJ., concur. ANSTEAD, J., concurs specially with an opinion. SHAW, J., concurs in result only. . The State’s reliance on section 39.054(1) and [3], Florida Statutes (1993), is misplaced. Rather than being a modification, the subject order imposed restitution for the first time. See Clark v. …
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T.R. v. State 657 So. 2d 58 · 1D95-0053 · 1st DCA 1995
· cited by 2 in all courts
…risk residential program. T.R. appeals. 1 We affirm. T.R.’s principal argument on appeal is that subsection (8) of the disposition statute, section 39.054 Florida Statutes (1993), limited the power of the judge to modify the commitment order to the period within 60 days after its entry. T.R. relies on D.W.J. v.…
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Department of Health & Rehabilitative Services v. B.S. 640 So. 2d 1174 · 5D94-1032 · 5th DCA 1994
…judge had terminated B.S.’ community control on 22 March 1994. Therefore, any act subsequent to 22 March was not a violation of community control. Section 39.054(1)(a)5 allows the juvenile court to place a child on community control until the child’s “19th birthday unless [t]he child is sooner released by the court, on the…
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A.W. v. State 634 So. 2d 1135 · DCA93-3585 · District Court of Appeal 1994
· cited by 1 in all courts
…order below which requires that the mother of A.W., a delinquent child, perform community service, as there is no authority for such an order under section 39.054, Florida Statutes, or any other statute. Accordingly, we reverse and remand with directions that the provision requiring the mother of A.W. to perform…
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C.W.P. v. State 633 So. 2d 1192 · DCA94-386 · District Court of Appeal 1994
…secure, nonsecure, or home detention care for more than 15 days following the entry of an order of adjudication unless an order of disposition pursuant to s. 39.054 has been entered by the court or unless a continuance, which shall not exceed 15 days, has been granted for cause. The detention center or facility…
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J.M.G. v. State 629 So. 2d 1081 · 1D93-00828 · 1st DCA 1994
…and, as such, does not require a contemporaneous objection. Thus, irrespective of any objection below, we may address the merits of J.M.G.'s appeal. Section 39.054(1)(f), Florida Statutes (1991), provides the court with the power to order a child to make restitution for any loss or damage caused by the child's offense. In…
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J.M.G. v. State 629 So. 2d 1081 · DCA93-00828 · District Court of Appeal 1994
· cited by 4 in all courts
…and, as such, does not require a contemporaneous objection. Thus, irrespective of any objection below, we may address the merits of J.M.G.’s appeal. Section 39.054(1)©, Florida Statutes (1991), provides the court with the power to order a child to make restitution for any loss or damage caused by the child’s offense. In…
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Department of Health & Rehabilitative Services v. State 625 So. 2d 92 · 5D92-2723 · 5th DCA 1993
· cited by 1 in all courts
…it was error to do so. Section 39.052(3), Florida Statutes (1991) limits the court's powers of disposition to a restrictiveness level found in section 39.054, Florida Statutes. Department of Health and Rehabilitative Services v. State, 616 So.2d 91 (Fla. 5th DCA 1993). Additionally, since the child has not…
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B.J.M. v. Department of Health & Rehabilitative Services 627 So. 2d 512 · 3D92-1004 · 3rd DCA 1993
…Division of the Circuit Court could not have entertained such an action, as its exercise of jurisdiction is severely circumscribed by statute. See § 39.054 (powers of disposition in delinquency proceedings) and § 39.442 (powers of disposition in dependency proceedings), Fla. Stat. (1991). To bar the action in…
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B.J.M. v. Department of Health & Rehabilitative Services 627 So. 2d 512 · DCA92-1004 · District Court of Appeal 1993
· cited by 4 in all courts
…Division of the Circuit Court could not have entertained such an action, as its exercise of jurisdiction is severely circumscribed by statute. See § 39.054 (powers of disposition in delinquency proceedings) and § 39.442 (powers of disposition in dependency proceedings), Fla.Stat. (1991). To bar the action in…
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State v. A.S. 622 So. 2d 1127 · DCA92-4330 · District Court of Appeal 1993
…only when the department’s regional juvenile detention facility is filled to capacity, the safety of the child dictates, or a court otherwise orders. Section 39.054, setting forth the court’s powers of disposition, provides that the court shall have the power, by an order stating the facts upon which a determination of a…
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J.W.K. v. State 619 So. 2d 469 · DCA92-01973 · District Court of Appeal 1993
…the commitment order which, by virtue of its failure to set any limitation on the term of appellant’s commitment, does not satisfy the requirements of section 39.054(4), Florida Statutes (1991). RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
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C.J. v. State 618 So. 2d 796 · DCA92-01964 · District Court of Appeal 1993
…of appellant to the Department of Health and Rehabilitative Services. We remand for amendment of the disposition order in this regard consistent with section 39.054(4), Florida Statutes (1989). Otherwise affirmed. SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
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H.L. v. Woolsey 618 So. 2d 268 · 1D92-907 · 1st DCA 1993
· cited by 3 in all courts
…secure, nonsecure, or home detention care for more than 15 days following the entry of an order of adjudication unless an order of disposition pursuant to s. 39.054 has been entered by the court or unless a continuance, which shall not exceed 15 days, has been granted for cause. The detention center or facility…
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L.A.D. v. State 616 So. 2d 106 · 1D91-2657 · 1st DCA 1993
…in the amount of $1,300 to the victim, with a special provision that L.A.D.'s mother pay the same if the child failed to do so, as authorized by Section 39.054(1)(f), Florida Statutes (1991). The mother was also directed to pay $300 in attorney's fees. An order directing restitution must be considered a sentencing error,…
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In the Interest of L.A.D. v. State 616 So. 2d 106 · DCA91-2657 · District Court of Appeal 1993
· cited by 33 in all courts
…in the amount of $1,300 to the victim, with a special provision that L.A.D.’s mother pay the same if the child failed to do so, as authorized by Section 39.054(l)(f), Florida Statutes (1991). The mother was also directed to pay $300 in attorney’s fees. An order directing restitution must be considered a sentencing error,…
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Department of Health & Rehabilitative Services v. State 616 So. 2d 91 · 5D92-608 · 5th DCA 1993
· cited by 12 in all courts
…by the juvenile court pursuant to section 39.052(e)(3). REVERSED and REMANDED. COBB, J., and JOE A. COWART, Senior Judge, concur. NOTES [1] Section 39.054 (formerly section 39.11) sets forth the various dispositional options available to the juvenile judge. One such option is to: (c) Commit the child to the…
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R.W. v. State 599 So. 2d 286 · DCA92-1386 · District Court of Appeal 1992
…secure, nonsecure, or home detention care for more than 15 days following the entry of an order of adjudication unless an order of disposition pursuant to s. 39.054 has been entered by the court or unless a continuance, which shall not exceed 15 days, has been granted for cause. The detention center or facility…
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Department of Health & Rehabilitative Services v. State 599 So. 2d 123 · 5D91-2269TO91-2273 · 5th DCA 1992
· cited by 6 in all courts
…the taking into custody of a juvenile alleged to have violated community control, was deleted in the 1990 revision. § 39.037, Fla. Stat. (1991). See also § 39.054(1)(4), Fla. Stat. (1991). [10] We also find some support for this interpretation on the RAI form. On page one, the list of the juvenile's offenses is directed to…
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A.A. v. Rolle 580 So. 2d 282 · 3D91-1167 · 3rd DCA 1991
· cited by 12 in all courts
…juvenile reaches the adjudication stage in an ordinary delinquency proceeding, the powers of disposition are set forth elsewhere in chapter 39. See, e.g., § 39.054, Fla. Stat. (Supp. 1990). We turn next to the question of sanctions for contempt. The Juvenile Justice Reform Act of 1990, see § 39.0205, Fla. Stat.…
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In re Amendments to Fla. Rules of Juv. Pro. 649 So. 2d 1370 · SC83165 · Florida Supreme Court 1995
· cited by 2 in all courts
…which conforms with section 960.003, Florida Statutes (Supp. 1992), and form 8.950 (a restitution order form), which conforms with sections 39.022(4)(c), 39.054(1), and 775.089, of the Florida Statutes. The proposed amendments and the additions, except for rule 8.100(c), were unanimously endorsed by the Board of…
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