Dependency Law Finder

1. Davis v. State 297 So. 2d 289 · SC44520 · Florida Supreme Court 1974

   This opinion cites § 39.09 11 times, the section generally

   · cited by 21 in all courts

   …This appeal is taken from an order entered in the Circuit Court of Santa Rosa County, directly passing upon the constitutionality of Florida Statutes, Section 39.09(2), F.S.A., Laws of Florida, Chapter 73-231. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution, F.S.A. Appellant, a sixteen…

2. C.A.B. v. State 510 So. 2d 1119 · DCABS-283/284 · District Court of Appeal 1987

   This opinion cites § 39.09 6 times, the section generally

   · cited by 1 in all courts

   …court erred in choosing a placement alternative not on the list of three submitted by the Department of Health and Rehabilitative Services (HRS) pursuant to § 39.09(3)(e), Florida Statutes (1985). 1 We agree and reverse. Appellant was adjudicated to have committed delinquent acts for two counts of burglary and one count of…

3. Mills v. State 424 So. 2d 866 · DCA80-136 · District Court of Appeal 1982

   This opinion cites § 39.09 5 times, the section generally

   · cited by 2 in all courts

   …and sentence Mills contends the juvenile court judge erred in failing to make written findings of fact regarding all of the criteria listed in Section 39.09(2)(c), Florida Statutes (1979), for transfer of a minor from the juvenile division of the circuit court to the criminal division of the circuit court for criminal…

4. State v. Cain 381 So. 2d 1361 · SC56528 · Florida Supreme Court 1980

   This opinion cites § 39.09 5 times, the section generally

   · cited by 99 in all courts

   …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

5. W.B. v. State 313 So. 2d 711 · SC45396 · Florida Supreme Court 1975

   This opinion cites § 39.09 5 times, the section generally

   · cited by 7 in all courts

   …of armed robbery and thereafter sentenced to 35 years. Defendant seeks reversal of the judgment, contending the juvenile judge erred in declaring Section 39.09(2)(c), Florida Statutes 1973, unconstitutional. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution. Subsequent to the juvenile…

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

   This opinion cites § 39.09 4 times, the section generally

   · cited by 7 in all courts

   …findings in a waiver order rendered the order "and all proceedings taken thereafter ... null and void." In both of these cases we were construing sections 39.09(2)(c) and (e), Florida Statutes (1979), the provisions of which are almost identical to sections 39.052(2)(c) and (e). Other district courts of appeal have taken…

7. R.G.S. v. State 597 So. 2d 816 · 2D91-00933 · 2nd DCA 1992

   This opinion cites § 39.09 4 times, the section generally

   …committing him to the custody of the Department of Health and Rehabilitative Services (HRS) without making proper findings of fact in compliance with section 39.09(3)(e), Florida Statutes (1989). He also contends the trial court erred in imposing a general sentence of commitment against him for three separate offenses, rather…

8. R.G.S. v. State 597 So. 2d 816 · DCA91-00933 · District Court of Appeal 1992

   This opinion cites § 39.09 4 times, the section generally

   · cited by 14 in all courts

   …committing him to the custody of the Department of Health and Rehabilitative Services (HRS) without making proper findings of fact in compliance with section 39.09(3)(e), Florida Statutes (1989). He also contends the trial court erred in imposing a general sentence of commitment against him for three separate offenses, rather…

9. K.R. v. State 584 So. 2d 1132 · 5D90-277 · 5th DCA 1991

   This opinion cites § 39.09 4 times, the section generally

   …order of adjudication but reverse the trial court's order of commitment and remand this matter for a proper dispositional hearing *1133 pursuant to section 39.09(3)(c) of the Florida Statutes (1989). Section 39.09(3)(c)4 provides that, before the trial court determines and announces the disposition to be imposed, the court…

10. K.R. v. State 584 So. 2d 1132 · DCA90-277 · District Court of Appeal 1991

    This opinion cites § 39.09 4 times, the section generally

    · cited by 8 in all courts

    …order of adjudication but reverse the trial court’s order of commitment and remand this matter for a proper dispositional hear *1133 ing pursuant to section 39.09(3)(c) of the Florida Statutes (1989). Section 39.09(3)(c)4 provides that, before the trial court determines and announces the disposition to be imposed, the court…

11. I.H. v. State 584 So. 2d 230 · 5D90-279 · 5th DCA 1991

    This opinion cites § 39.09 4 times, the section generally

    …court's order of adjudication but reverse the trial court's order of commitment and remand this matter for a proper dispositional hearing pursuant to section 39.09(3)(c) of the Florida Statutes (1989). Section 39.09(3)(c)4 provides that, before the trial court determines and announces the disposition to be imposed, the court…

12. I.H. v. State 584 So. 2d 230 · DCA90-279 · District Court of Appeal 1991

    This opinion cites § 39.09 4 times, the section generally

    · cited by 11 in all courts

    …court’s order of adjudication but reverse the trial court’s order of commitment and remand this matter for a proper dispositional hearing pursuant to section 39.09(3)(c) of the Florida Statutes (1989). Section 39.09(3)(c)4 provides that, before the trial court determines and announces the disposition to be imposed, the court…

13. T.H. v. State 573 So. 2d 1090 · 5D90-278 · 5th DCA 1991

    This opinion cites § 39.09 4 times, the section generally

    … T.H. next contends that the court erred in not permitting his representatives an opportunity to be heard on the issue of disposition. We agree. Section 39.09(3) provides: (c) Before the court determines and announces the disposition to be imposed, it shall: 4. Give all parties present at the hearing an opportunity…

14. T.H. v. State 573 So. 2d 1090 · DCA90-278 · District Court of Appeal 1991

    This opinion cites § 39.09 4 times, the section generally

    · cited by 10 in all courts

    … T.H. next contends that the court erred in not permitting his representatives an opportunity to be heard on the issue of disposition. We agree. Section 39.09(3) provides: (c) Before the court determines and announces the disposition to be imposed, it shall: 4.Giye all parties present at the hearing an opportunity…

15. Department of Health & Rehabilitative Services v. Niznik 548 So. 2d 1161 · DCA88-01202 · District Court of Appeal 1989

    This opinion cites § 39.09 4 times, the section generally

    · cited by 4 in all courts

    …trial courts with the authority to order HRS to place a child in a particular treatment program. We affirm. The pertinent poition of Chapter 39, section 39.09(3)(e), follows: If the court decides to commit a child to the department, the departmer.t shall furnish the court, in order of the preference of the department, a…

16. T.S.J. v. State 439 So. 2d 966 · 1DAP-476 · 1st DCA 1983

    This opinion cites § 39.09 4 times, the section generally

    …exculpatory testimony from another young boy involved in the alleged burglary; and (3) the trial court's failure to follow mandatory provisions of Section 39.09, Florida Statutes (1981). We reverse. T.S.J. is a thirteen year old male who is unable to read and attends special classes for emotionally handicapped…

17. In the Interest of T.S.J. v. State 439 So. 2d 966 · DCAAP-476 · District Court of Appeal 1983

    This opinion cites § 39.09 4 times, the section generally

    · cited by 18 in all courts

    …exculpatory testimony from another young boy involved in the alleged burglary; and (3) the trial court’s failure to follow mandatory provisions of Section 39.09, Florida Statutes (1981). We reverse. T.S.J. is a thirteen year old male who is unable to read and attends special classes for emotionally handicapped…

18. G.D.W. v. State 395 So. 2d 638 · 2D80-383AND80-1131 · 2nd DCA 1981

    This opinion cites § 39.09 4 times, the section generally

    …transferring appellant for prosecution as an adult. Although the order stated that the judge had considered the criteria for transfer established by section 39.09(2)(c), Florida Statutes (1979), the order did not contain specific findings of fact concerning each of those criteria. The juvenile immediately appealed the…

19. In re J.L.H. 383 So. 2d 986 · DCA79-1063 · District Court of Appeal 1980

    This opinion cites § 39.09 4 times, the section generally

    …ordered the Department of Health and Rehabilitative Services to conduct a study and compile a report with respect to appellee in accordance with Section 39.09(2)(b), Florida Statutes (1978 Supp.). Thereafter, the trial court granted the motion of J. L. H. to dismiss the State’s petition • for waiver of jurisdiction. The…

20. State ex rel. Stromer v. Rowley 360 So. 2d 448 · DCAJJ-326 · District Court of Appeal 1978

    This opinion cites § 39.09 4 times, the section generally

    …is whether the court should be prohibited from trying petitioner as an adult because, as argued by petitioner, the state failed to comply with Section 39.09(2)(a), 1 Florida Statutes (1977), thus divesting the criminal adult division of jurisdiction over petitioner. Petitioner contends that if a motion is not filed…

21. Natural Parents of J.B. v. Department of Children & Family Services 780 So. 2d 6 · SC96171 · Florida Supreme Court 2001

    Other This opinion cites § 39.09 3 times, the section generally

    · cited by 8 in all courts

    Supreme Court answered certified question yes: the statute mandating closure of all termination hearings to the public is constitutional.

    …Act. See ch. 26880, Laws of Fla. (1951). At that time, this legislation made no distinction between dependency proceedings and TPR proceedings. Section 39.09, which applied to all juvenile proceedings, provided in part: Only the child involved in the case, the parents or legal custodians of the child, their…

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

    This opinion cites § 39.09 3 times, the section generally

    …facilities once they have been adjudicated dependent or delinquent, and has given H.R.S. almost total discretion in the area of placement. Pursuant to section 39.09, Florida Statutes (1989), a court could only rank alternatives presented by H.R.S. as possible placements, and could not order a specific placement. See …

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

    This opinion cites § 39.09 3 times, the section generally

    · cited by 4 in all courts

    …facilities once they have been adjudicated dependent or delinquent, and has given H.R.S. almost total discretion in the area of placement. Pursuant to section 39.09, Florida Statutes (1989), a court could only rank alternatives presented by H.R.S. as possible placements, and could not order a specific placement. See…

24. In the Interest of M.L. v. State 578 So. 2d 464 · DCA90-2566 · District Court of Appeal 1991

    This opinion cites § 39.09 3 times, the section generally

    …community-based sanctions may be imposed at the disposition hearing or any time prior to release from commitment. The juvenile court judge cited section 39.09(3)(e), Florida Statutes, as authorizing placement of appellant on community control prior to her release from commitment. Section 39.09(3)(e) provides in part: …

25. M.M. v. Korda 544 So. 2d 318 · 4D89-1035 · 4th DCA 1989

    This opinion cites § 39.09 3 times, the section generally

    · cited by 3 in all courts

    …Gen., West Palm Beach, for respondents. STONE, Judge. The appellant petitions for a writ of mandamus, [1] asserting that the trial judge violated section 39.09(3)(e), Florida Statutes, by failing to adopt and rank the placement alternatives furnished by the H.R.S. counselor at the disposition (sentencing) hearing. The…

26. D.M. v. State 539 So. 2d 579 · 5D88-672 · 5th DCA 1989

    This opinion cites § 39.09 3 times, the section generally

    …a pre-disposition report ordered as a result of the juvenile's plea. After receiving the report, containing three options for placement programs pursuant to § 39.09(3)(e), Florida Statutes (1987), the court "requested" the Department of Health and Rehabilitative Services to amend to include in the report another or fourth…

27. D.M. v. State 539 So. 2d 579 · DCA88-672 · District Court of Appeal 1989

    This opinion cites § 39.09 3 times, the section generally

    · cited by 7 in all courts

    …a pre-disposition report ordered as a result of the juvenile’s plea. After receiving the report, containing three options for placement programs pursuant to § 39.09(3)(e), Florida Statutes (1987), the court “requested” the Department of Health and Rehabilitative Services to amend to include in the report another or fourth…

28. R.B. v. State 535 So. 2d 322 · 2D87-2487 · 2nd DCA 1988

    This opinion cites § 39.09 3 times, the section generally

    …to HRS and listed his preferences for placement as (1) San Antonio Boys Village or (2) training school. This procedure was not in compliance with section 39.09(3)(e), Florida Statutes *323 (1985) which provides, in pertinent part, as follows: If the court decides to commit a child to the department [HRS], the department…

29. N.L.J. v. Komanski 527 So. 2d 840 · 5D88-348 · 5th DCA 1988

    This opinion cites § 39.09 3 times, the section generally

    · cited by 7 in all courts

    …writ of mandamus to require the trial judge to conduct a disposition hearing ranking the commitment options provided by the department in accord with section 39.09(3)(e), Florida Statutes, which provides: If the court determines that the child should be adjudicated as having committed a delinquent act and that he should be…

30. A.T. v. State 516 So. 2d 1104 · DCA86-1898 · District Court of Appeal 1987

    This opinion cites § 39.09 3 times, the section generally

    · cited by 2 in all courts

    …its own placement option. T.D. v. State, 486 So.2d 40 (Fla.2d DCA 1986). Since the trial court failed to observe the mandatory requirements of section 39.09(3)(e), we remand for compliance with this statute. J.S.M. v. State, 505 So.2d 583 (Fla.2d DCA 1987). On remand, the trial court must then comply with the…

31. Dept. of Hlt & Rehabilitative Services v. R.S. 511 So. 2d 434 · 5D86-1542 · 5th DCA 1987

    This opinion cites § 39.09 3 times, the section generally

    · cited by 7 in all courts

    …court's action in selecting and ranking three placement options which were not recommended by H.R.S. was in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See J.S.M. v. State, 505 So.2d 583 (Fla.2d DCA 1987); A.H. v. State, 499 So.2d 27 (Fla.2d DCA 1986); Department of…

32. J.S.M. v. State 505 So. 2d 583 · 2D85-2570 · 2nd DCA 1987

    This opinion cites § 39.09 3 times, the section generally

    …trial court orally announced specific reasons for the decision. The court's order listed a single placement option, Eckerd Youth Development Center. Section 39.09(3)(e), Florida Statutes (1985) provides, in pertinent part: If the court decides to commit a child to the department, the department shall furnish the court, in…

33. T.A.W. v. State 455 So. 2d 582 · 5D83-564 · 5th DCA 1984

    This opinion cites § 39.09 3 times, the section generally

    …Judge. T.A.W. appeals from an order of disposition in a delinquency case which ranked as first priority the option of sending him to a state school. Section 39.09(3)(e), Florida Statutes (1983), requires the court to rank the options presented to it by the Department of Health and Rehabilitative Services. [1] As in L.J.N.…

34. L.J.N. v. State 411 So. 2d 1349 · 1DAH-186 · 1st DCA 1982

    This opinion cites § 39.09 3 times, the section generally

    …one (1) year or until his 19th birthday, whichever is earlier." In addition, this order set forth the placement preferences of the court, pursuant to Section 39.09(3)(e) Florida Statutes, as follows: (1) Alyce D. McPherson School; (2) Arthur G. Dozier School; (3) Florida School for Boys at Okeechobee. Counsel for L.J.N.…

35. R.J.B. v. State 408 So. 2d 1048 · SC59887 · Florida Supreme Court 1982

    This opinion cites § 39.09 3 times, the section generally

    · cited by 28 in all courts

    …9.140(b) [1] governs here and that this rule does not provide for interlocutory appeals of orders of this nature. The district court acknowledged sections 39.09(2)(e) [2] and 39.14(1), [3] *1050 Florida Statutes (1979), but held that these statutes were ineffective to provide appellate review of waiver orders. We…

36. G.D.W. v. State 395 So. 2d 638 · DCA80-383AND80-1131 · District Court of Appeal 1981

    This opinion cites § 39.09 3 times, the section generally

    · cited by 7 in all courts

    …transferring appellant for prosecution as an adult. Although the order stated that the judge had considered the criteria for transfer established by section 39.09(2)(c), Florida Statutes (1979), the order did not contain specific findings of fact concerning each of those criteria. The juvenile immediately appealed the…

37. Townsend v. State 398 So. 2d 829 · 5DMM-216/T1-26 · 5th DCA 1980

    This opinion cites § 39.09 3 times, the section generally

    · cited by 3 in all courts

    …behavior. Appellant confessed to stealing firearms, but refused to say what he did with them. At the time the waiver hearing was held in this case, section 39.09(2)(c), Florida Statutes (1977) stated: The court shall conduct a hearing on all such motions for the purpose of determining whether a child should be transferred.…

38. State ex rel. Register v. Safer 368 So. 2d 620 · 1DMM-374 · 1st DCA 1979

    This opinion cites § 39.09 3 times, the section generally

    · cited by 19 in all courts

    …that adult sanctions be considered or imposed. Upon motion of the child the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts one of which involved an offense classified under…

39. In Interest of Hutchins 345 So. 2d 703 · SC48306 · Florida Supreme Court 1977

    This opinion cites § 39.09 3 times, the section generally

    · cited by 7 in all courts

    …L.Ed.2d 527 (1967), and State v. D.H., a juvenile, et al., Fla., 340 So.2d 1163 (1976). [2] Section 39.11(2)(c), Florida Statutes. [3] Section 39.09, Florida Statutes. [4] Section 39.10, Florida Statutes. [5] Section 39.11(2), Florida Statutes. [6] Section 39.11(2)(c), Florida Statutes. [7] …

40. Mudrack v. State 332 So. 2d 32 · DCAAA-270 · District Court of Appeal 1976

    This opinion cites § 39.09 3 times, the section generally

    … Spencer & Van Horn v. State, Fla.App. 1st 1976, 332 So.2d 30 , Opinion filed this date) However, the statute upon which appellant relies, F. S. (1973) 39.09(2) (f) has been amended to require only that: “When a child is transferred for criminal prosecution, the court shall set forth in writing its reasons for the…

41. Smith v. State 211 So. 3d 176 · 3D14-1635 · 3rd DCA 2016

    This opinion cites § 39.09 2 times, the section generally

    · cited by 5 in all courts

    …waived the issue at arraignment by affirmatively requesting a jury trial, a right to which he is not entitled if proceeding pursuant to Chapter 39. See § 39.09(1)(b), Fla. Stat. (1989) (providing that juvenile adjudicatory hearings are conducted without a jury). 8 This…

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

    This opinion cites § 39.09 2 times, the section generally

    …the juvenile delinquency statute did not contain any criteria to aid the trial court in deciding whether to commit a child to the Department. See, e.g., § 39.09(3), Fla. Stat. (1973). [11] In 1978 the legislature amended the juvenile delinquency statute to add a very detailed list of criteria for the trial court to use…

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

    This opinion cites § 39.09 2 times, the section generally

    …the juvenile delinquency statute did not contain any criteria to aid the trial court in deciding whether to commit a child to the Department. See, e.g., § 39.09(3), Fla. Stat. (1973). 11 In 1978 the legislature amended the juvenile delinquency statute to add a very detailed list of criteria for the trial court to use in…

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

    This opinion cites § 39.09 2 times, the section generally

    · cited by 12 in all courts

    …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 that a child should be adjudicated as having…

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

    This opinion cites § 39.09 2 times, the section generally

    …apparent conflict with In the Interest of Unknown P., 546 So.2d 21 (Fla. 3d DCA 1989). [4] Formerly § 39.02(3)(a), Fla. Stat. (1989). [5] Formerly § 39.09(1), Fla. Stat. (1989). [6] Formerly § 39.09(3), Fla. Stat. (1989). [7] The statute mandates: "When a child has been found to have committed a delinquent…

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

    This opinion cites § 39.09 2 times, the section generally

    · cited by 9 in all courts

    …conflict with In the Interest of Unknown P., 546 So.2d 21 (Fla. 3d DCA 1989). . Formerly § 39.02(3)(a), Fla.Stat. (1989). . Formerly § 39.09(1), Fla.Stat. (1989). . Formerly § 39.09(3), Fla.Stat. (1989). . The statute mandates: "When a child has been found to have committed a delinquent…

47. In re Petition of Florida Bar 589 So. 2d 818 · SC76669 · Florida Supreme Court 1991

    This opinion cites § 39.09 2 times, the section generally

    · cited by 12 in all courts

    …juveniles who use false names and birthdates, which can result in the arrest of an innocent child whose name was used by the offender. *833 (d) Section 39.09(5), Florida Statutes, creates procedures to have a child placed in a serious or habitual juvenile offender program. This section allows for filing of a petition,…

48. Department of Health & Rehabilitative Services v. R.S. 567 So. 2d 532 · 5D90-246 · 5th DCA 1990

    This opinion cites § 39.09 2 times, the section generally

    · cited by 4 in all courts

    …and no brief has been filed by appellee. HRS claims that both the December 13, 1989, and January 12, 1990, orders were invalid because: (1) Section 39.09(3)(e), Florida Statutes (1987), does not give the court statutory authority to place the child in a specific facility or program as this court has ruled in …

49. A.N.J. v. State 554 So. 2d 531 · 1D89-51 · 1st DCA 1989

    This opinion cites § 39.09 2 times, the section generally

    …same program a second time. For its part, the state urges that the consecutive commitment ordered by the trial judge was specifically authorized by section 39.09(3)(e), Florida Statutes (1988 Supp.). It reasons that if a child is already in the custody of HRS for a prior delinquent act, then the court must be allowed to…

50. Whittington v. State 543 So. 2d 317 · 1D88-1399 · 1st DCA 1989

    This opinion cites § 39.09 2 times, the section generally

    · cited by 4 in all courts

    …court was without jurisdiction over appellant pursuant to Chapter 39, Florida Statutes, in that no certification hearing was conducted as required by section 39.09(2); and that the state attorney's office was without authority to file an information requiring that adult sanctions be considered or imposed pursuant to section…

51. Leonard v. State 522 So. 2d 543 · 4D87-1237 · 4th DCA 1988

    This opinion cites § 39.09 2 times, the section generally

    · cited by 6 in all courts

    …and from school. A review of the order entered in the instant case reveals that the trial court adequately addressed each of the criteria set forth in section 39.09(2)(c), Florida Statutes, (1985) in determining whether appellant should be transferred. Given the court's direct mention of its consideration of the Department of…

52. T.W.C. v. State 516 So. 2d 1141 · DCA86-1990 · District Court of Appeal 1987

    This opinion cites § 39.09 2 times, the section generally

    …in the placement options. The juvenile court is only permitted to “rank the options presented by the department in order of the preference of the court.” § 39.09(3)(e), Fla.Stat. (1985). The provisions of section 39.09(3)(e) are mandatory and do not allow the court to recommend its own options for placement. A.H. v. State, …

53. Department of Health & Rehabilitative Services v. McGregor 511 So. 2d 1096 · 5D87-1117 · 5th DCA 1987

    This opinion cites § 39.09 2 times, the section generally

    · cited by 10 in all courts

    …9.100. It alleged the respondent circuit judge refused to accept and rank the options prepared by H.R.S. in a juvenile commitment hearing pursuant to section 39.09(3)(e), continued the hearing, and ordered H.R.S. to file "more appropriate commitment recommendations." We elect to treat this case as a Petition for Writ of…

54. J.S.M. v. State 505 So. 2d 583 · DCA85-2570 · District Court of Appeal 1987

    This opinion cites § 39.09 2 times, the section generally

    · cited by 6 in all courts

    …trial court orally announced specific reasons for the decision. The court’s order listed a single placement option, Eckerd Youth Development Center. Section 39.09(3)(e), Florida Statutes (1985) provides, in pertinent part: If the court decides to commit a child to the department, the department shall furnish the court, in…

55. D.B.B. v. State 505 So. 2d 584 · DCA86-517 · District Court of Appeal 1987

    This opinion cites § 39.09 2 times, the section generally

    …Services recommending D.B.B. be committed. The report failed to list three placement options for ranking by the trial court as mandated by Section 39.09(3)(e), Florida. Statutes (1985). Consequently, we must remand for compliance with that statute. See J.S.M. v. State, 505 So.2d 583 , (Fla. 2d DCA 1987). …

56. T.D. v. State 486 So. 2d 40 · 2D85-1196 · 2nd DCA 1986

    This opinion cites § 39.09 2 times, the section generally

    …that defendant be placed. The facility ranked first by the court was not one of the facilities recommended by HRS in its predisposition report. Section 39.09(3)(e), Florida Statutes (1985), provides, "The court shall rank the options presented by [HRS] in order of the preference of the court." This statute is mandatory…

57. Dykes v. Hosemann 743 F.2d 1488 · CA11-83-3347 · 11th Cir. 1984

    Reversed & remanded This opinion cites § 39.09 2 times, the section generally

    · cited by 48 in all courts

    Panel revived a mother's section 1983 suit over a collusive dependency order entered without notice or hearing, finding triable conspiracy and due process claims against the defendants.

    …statute, an adjudicatory hearing was required to be held to determine whether or not the child was "dependent" within the meaning of § 39.01(8). Fla.Stat. § 39.09(1) (1977). The determination of dependency was permissible only upon a preponderance of the evidence. Id. at § 39.09(1 )(b). Furthermore, once a child had been…

58. T.A.W. v. State 455 So. 2d 582 · DCA83-564 · District Court of Appeal 1984

    This opinion cites § 39.09 2 times, the section generally

    · cited by 9 in all courts

    …disposition of juvenile cases are mandatory. 2 While this case was on appeal, the lower court attempted to modify its order to comply with section 39.09(3)(e), but it lacked jurisdiction to do so. 3 Accordingly, we vacate the disposition order and remand for entry of an order in compliance with the controlling…

59. State ex rel. Department of Health & Rehabilitative Services v. Salfi 432 So. 2d 686 · DCA83-394 · District Court of Appeal 1983

    This opinion cites § 39.09 2 times, the section generally

    · cited by 2 in all courts

    …dispositional hearing, (emphasis in original) The order further requires the department to prepare a predispositional report in accordance with section 39.09(3), Florida Statutes (1981), and to furnish copies to the juvenile (through his attorney), to the state attorney, and to any persons or agencies having a…

60. R.S. v. State 414 So. 2d 660 · DCAAJ-395 · District Court of Appeal 1982

    This opinion cites § 39.09 2 times, the section generally

    · cited by 3 in all courts

    …report. The better practice is for a written report to be provided prior to the hearing. The intent of the Juvenile Justice Act, particularly Section 39.09(3), is best served by this report being submitted in writing prior to any disposition hearing. However, the facts of this case do not require reversal for…

61. L.J.N. v. State 411 So. 2d 1349 · DCAAH-186 · District Court of Appeal 1982

    This opinion cites § 39.09 2 times, the section generally

    · cited by 16 in all courts

    …one (1) year or until his 19th birthday, whichever is earlier.” In addition, this order set forth the placement preferences of the court, pursuant to Section 39.09(3)(e) Florida Statutes, as follows: (1) Alyce D. McPherson School; (2) Arthur G. Dozier School; (3) Florida School for Boys at Okeechobee. Counsel for L. J. N.…

62. Interest of C.G.H. v. State 404 So. 2d 400 · DCA80-1377 · District Court of Appeal 1981

    This opinion cites § 39.09 2 times, the section generally

    · cited by 6 in all courts

    …a disposition report. The record here is unclear as to whether the trial court considered a predis-positional report prior to making a final decision. § 39.09(3)(a) and (b), Fla.Stat. (Supp.1980). At the disposition hearing, the judge did not make specific reference to a predisposition report although he did refer to a…

63. Masci v. State 397 So. 2d 984 · 3D80-1435 · 3rd DCA 1981

    This opinion cites § 39.09 2 times, the section generally

    · cited by 3 in all courts

    …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

64. G.A. v. State 391 So. 2d 720 · 1DOO-475 · 1st DCA 1980

    This opinion cites § 39.09 2 times, the section generally

    …v. State, 351 So.2d 1142 (Fla. 1st DCA 1977). However, we think these appeals are governed by Florida Rules of Juvenile Procedure (1977) and Sections 39.09(2)(e) and 39.14(1), Fla.Stats. (1978 Supp.), rather than by Fla.R.App.P. 9.140(b). See Malyn v. Atlantic Federal Savings and Loan Association, 384 So.2d 957 …

65. G.A. v. State 391 So. 2d 720 · 5DOO-175 · 5th DCA 1980

    This opinion cites § 39.09 2 times, the section generally

    · cited by 8 in all courts

    …v. State, 351 So.2d 1142 (Fla. 1st DCA 1977). However, we think these appeals are governed by Florida Rules of Juvenile Procedure (1977) and Sections 39.09(2)(e) and 39.-14(1), Fla.Stats. (1978 Supp.), rather than by Fla.R.App.P. 9.140(b). See Malyn v. Atlantic Federal Savings and Loan Association, 384 So.2d 957 …

66. R.B.S. v. Capri 384 So. 2d 692 · 3D80-817 · 3rd DCA 1980

    This opinion cites § 39.09 2 times, the section generally

    · cited by 12 in all courts

    …Section 39.032(2). [14] Inasmuch as the seriousness and nature of the offense are specified criteria in other sections of Chapter 39, see, e.g., Sections 39.09(2)(c), 39.09(3)(d), and 39.111(6)(c), we are constrained to conclude that the Legislature deliberately omitted this factor as one of the criteria to justify…

67. Drotzur v. State 372 So. 2d 515 · DCA77-2133 · District Court of Appeal 1979

    This opinion cites § 39.09 2 times, the section generally

    · cited by 1 in all courts

    …39, Florida Statutes (1977) being involuntarily waived to the adult criminal court for trial and punishment as an adult. Under the provisions of Section 39.09, Florida Statutes (1977) and the applicable Florida Rules of Juvenile Procedure, certain procedures must be followed before a juvenile can be tried as an…

68. D.A.B. v. State 329 So. 2d 40 · DCA75-1015 · District Court of Appeal 1976

    This opinion cites § 39.09 2 times, the section generally

    · cited by 2 in all courts

    …and cross-examine the court appointed psychiatrist whose report was read by the trial judge and argued by the prosecutor at the waiver hearing. Section 39.09(2) (e), Fla.Stat., in part states: “The child or his parents, guardians, or counsel shall have the right to examine these reports and to question the parties…

69. A.D.T. v. State 318 So. 2d 478 · 1DX-330 · 1st DCA 1975

    This opinion cites § 39.09 2 times, the section generally

    …now alleges that the trial court erred in allowing the grand jury indictment, as amended, to substitute for a delinquency petition. The language found in F.S. 39.09(2)(a) seems to require the filing of a delinquency petition in a case where the State Attorney intends to seek waiver of juvenile court jurisdiction. [2] It should…

70. A.D.T. v. State 318 So. 2d 478 · DCAX-330 · District Court of Appeal 1975

    This opinion cites § 39.09 2 times, the section generally

    · cited by 8 in all courts

    …now alleges that the trial court erred in allowing the grand jury indictment, as amended, to substitute for a delinquency petition. The language found in F.S. 39.09(2) (a) seems to require the filing of a delinquency petition in a case where the State Attorney intends to seek waiver of juvenile court jurisdiction. 2 It…

71. Smith v. State 316 So. 2d 552 · SC46168 · Florida Supreme Court 1975

    This opinion cites § 39.09 2 times, the section generally

    · cited by 7 in all courts

    …the case for trial as if the child were an adult; that he contested waiver and a "waiver hearing" was held on September 12, 1973, pursuant to Florida Statutes 39.09(2), after which the trial judge issued its order denying the State's motion for waiver of juvenile jurisdiction; that he, thereafter, changed his pleas to guilty…

72. McKeiver v. Pennsylvania 403 U.S. 528 · US403-528 · U.S. Supreme Court 1971

    Affirmed This opinion cites § 39.09 2 times, the section generally

    · cited by 1069 in all courts

    Due process does not require a jury trial in the adjudicative phase of juvenile delinquency proceedings; the state court judgments were affirmed.

    …Ann. § 8-229 (1956), see Ariz. Laws, c. 223 (May 19, 1970); Ark. Stat. Ann. § 45-206 (1964); Del. Code Ann., Tit. 10, § 1175 (Supp. 1970); Fla. Stat. § 39.09 (2) (1965); Ga. Code Ann. § 24-2420 (Supp. 1970); Hawaii Rev. Stat. § 571-41 (1968); Idaho Code § 16-1813 (Supp. 1969); Ind. Ann. Stat. § 9-3215 (Supp.…

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

    This opinion cites § 39.09 1 time, the section generally

    · cited by 1 in all courts

    …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. (2007).…

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

    This opinion cites § 39.09 1 time, the section generally

    · cited by 136 in all courts

    …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. (2007). In…

75. T.N. v. State 786 So. 2d 655 · 4D00-3035 · 4th DCA 2001

    This opinion cites § 39.09 1 time, the section generally

    · cited by 2 in all courts

    …reversible error. See J.M. v. State, 692 So.2d 308 (Fla. 4th DCA 1997). In R.G.S. v. State, 597 So.2d 816 (Fla. 2d DCA 1992), applying section 39.09(3)(e), Florida Statutes, a predecessor to section 985.23 requiring findings on adjudication of delinquency and commitment to HRS, the court held that the trial…

76. Department of Children & Family Services v. Natural Parents of J.B. 736 So. 2d 111 · 4D98-2255 · 4th DCA 1999

    This opinion cites § 39.09 1 time, the section generally

    · cited by 6 in all courts

    …made certain civil proceedings confidential (adoptions, § 63.162, Fla. Stat. (1987); paternity, § 742.031, Fla. Stat. (1987); juvenile proceedings, § 39.09 and 39.408, Fla. Stat. (1987)) and some states have enacted legislation limiting public access to divorce proceedings, the Florida Legislature has chosen not…

77. Department HRS v. B.J.M. 656 So. 2d 906 · SC83067 · Florida Supreme Court 1995

    This opinion cites § 39.09 1 time, the section generally

    · cited by 86 in all courts

    …involved possess the requisite constitutional, statutory, or lawful authority and duty to do or make the challenged act, omission, or decision? [6] See § 39.09, Fla. Stat. (1989). The Third District correctly described this as a grant of "almost total discretion in the area of placement." This "total discretion" was…

78. Sirmons v. State 620 So. 2d 1249 · SC79754 · Florida Supreme Court 1993

    This opinion cites § 39.09 1 time, the section generally

    · cited by 27 in all courts

    …Stat. (1989). [3] § 790.19, Fla. Stat. (1989). [4] The court made the factual findings required to waive a juvenile into adult court pursuant to section 39.09(2)(c), Florida Statutes (1989). [5] The trial court noted that Sirmon's sentence fit within the nine- to twelve-year sentence recommended by the sentencing…

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

    This opinion cites § 39.09 1 time, the section generally

    …is mandatory and failure to comply constitutes reversible error. See R.G.S. v. State, 597 So.2d 816 (Fla. 2d DCA) (interpreting former section 39.09(3)(e), Florida Statutes (1989)), review denied, 601 So.2d 553 (Fla. 1992). Here, neither the written order of commitment nor the transcript of the hearing…

80. H.L.L. v. State 595 So. 2d 223 · 2D90-01959 · 2nd DCA 1992

    This opinion cites § 39.09 1 time, the section generally

    …arguments concerning his conviction. We do, however, find that the court erred when it sentenced him. We remand for resentencing in compliance with section 39.09(3)(e), Florida Statutes (1989), which requires that specific findings be made by the trial court to support its decision to adjudicate and commit appellant to HRS.…

81. H.L.L. v. State 595 So. 2d 223 · DCA90-01959 · District Court of Appeal 1992

    This opinion cites § 39.09 1 time, the section generally

    · cited by 14 in all courts

    …arguments concerning his conviction. We do, however, find that the court erred when it sentenced him. We remand for resentencing in compliance with section 39.09(3)(e), Florida Statutes (1989), which requires that specific findings be made by the trial court to support its decision to adjudicate and commit appellant to HRS.…

82. Thomas v. State 589 So. 2d 392 · DCA90-3796 · District Court of Appeal 1991

    This opinion cites § 39.09 1 time, the section generally

    · cited by 3 in all courts

    …(1989), clearly contemplates that in juvenile cases the predisposition report may in fact be prepared before the trial (adjudicatory hearing). Section 39.09(3)(a), Fla.Stat. (1989) (“the report shall be submitted to the court prior to the disposition hearing; but the report shall not be reviewed by the court without the…

83. L.S. v. State 575 So. 2d 331 · 4D90-447 · 4th DCA 1991

    This opinion cites § 39.09 1 time, the section generally

    · cited by 1 in all courts

    …certain clothing or symbols as a badge of shame and prohibiting the wearing of certain items. Applying the standards set out in Grubbs v. State and section 39.09(3)(g), Florida Statutes (1989), I cannot agree that a prohibition against wearing gold jewelry is an appropriate means of encouraging noncriminal behavior in a…

84. Taylor v. State 573 So. 2d 173 · 5D90-233 · 5th DCA 1991

    This opinion cites § 39.09 1 time, the section generally

    · cited by 12 in all courts

    …fired the weapon in a heavily populated area. The court minutes of the sentencing hearing contain the notation that the "Court finds as provided in Chapter 39.09(2)(c) that Juvenile Sanctions are not appropriate." As appellant contends, the failure to consider each of the statutory criteria and to render specific findings…

85. In re C.S. 573 So. 2d 168 · DCA90-0016 · District Court of Appeal 1991

    This opinion cites § 39.09 1 time, the section generally

    · cited by 2 in all courts

    …Rehabilitative Services, but reverse the trial judge’s substitution of another program option instead of one of the three furnished by the department. See § 39.09(3)(e), Florida Statutes (1989). It is true that in M.M. v. Korda, 544 So.2d 318 (Fla. 4th DCA 1989), we held that a trial judge should not be prevented from…

86. In Interest of D.D. 564 So. 2d 1224 · 4D89-1942 · 4th DCA 1990

    This opinion cites § 39.09 1 time, the section generally

    · cited by 8 in all courts

    …Statutes (Supp. 1988), the trial court committed him under the terms of the program. This appeal followed. The dispositive question is whether sections 39.09(5) and 39.01(46), Florida Statutes (Supp. 1988), violate substantive due process as found in the fifth and fourteenth amendments to the United States…

87. Allen v. State 560 So. 2d 1329 · DCA89-1239 · District Court of Appeal 1990

    This opinion cites § 39.09 1 time, the section generally

    · cited by 1 in all courts

    …in making the disposition that it did. Although the defendant had not been transferred to the adult criminal division pursuant to sections 39.02(5) and 39.09(2), Florida Statutes, the requirements of section 39.111(7)(d), Florida Statutes, nevertheless apply. Reed v. State, 544 So.2d 1077 (Fla. 2d DCA 1989). …

88. R.F.R. v. State 558 So. 2d 1084 · 1D89-1621 · 1st DCA 1990

    This opinion cites § 39.09 1 time, the section generally

    …days is not expressly permitted by statute, his waiver of the right to a speedy petition is void. He relies upon the fact that the legislature enacted Section 39.09(1)(a), Florida Statutes (1987), authorizing the right of a juvenile to waive speedy trial, which was encompassed within the same bill that changed the 30-day…

89. Interest of R.F.R. v. State 558 So. 2d 1084 · DCA89-1621 · District Court of Appeal 1990

    This opinion cites § 39.09 1 time, the section generally

    · cited by 12 in all courts

    …days is not expressly permitted by statute, his waiver of the right to a speedy petition is void. He relies upon the fact that the legislature enacted Section 39.09(l)(a), Florida Statutes (1987), authorizing the right of a juvenile to waive speedy trial, which was encompassed within the same bill that changed the 30-day…

90. Department of Health & Rehabilitative Services v. R.W.K. 556 So. 2d 815 · 5D89-957 · 5th DCA 1990

    This opinion cites § 39.09 1 time, the section generally

    · cited by 5 in all courts

    …facility or program. The court has only the authority to rank three or more options presented by HRS in order of preference by the court pursuant to section 39.09(3)(e), Florida Statutes. See B.E.O. v. State, 544 So.2d 1175 (Fla. 5th DCA 1989); D.M., Jr. v. State, 539 So.2d 579 (Fla. 5th DCA 1989); N.L.J. v.…

91. In the Interest of D.A.T. v. Coler 552 So. 2d 319 · DCA89-02614 · District Court of Appeal 1989

    This opinion cites § 39.09 1 time, the section generally

    …it is unable to comply with the statute because it lacks the resources, that argument is more appropriately addressed to the legislature. We note that section 39.09(3)(e), which provides that HRS submit a list of three commitment placement options, of which options the trial court ranks in order of preference, also states: “The…

92. In the Interest of T.J.D. v. Coler 555 So. 2d 1245 · DCA89-02565 · District Court of Appeal 1989

    This opinion cites § 39.09 1 time, the section generally

    …it is unable to comply with the statute because it lacks the resources, that argument is more appropriately addressed to the legislature. We note that section 39.09(3)(e), which provides that HRS submit a list of three commitment placement options, of which options the trial court ranks in order of preference, also states: “The…

93. In the Interest of D.W. v. Coler 555 So. 2d 1246 · DCA89-02567 · District Court of Appeal 1989

    This opinion cites § 39.09 1 time, the section generally

    · cited by 1 in all courts

    …it is unable to comply with the statute because it lacks the resources, that argument is more appropriately addressed to the legislature. We note that section 39.09(3)(e), which provides that HRS submit a list of three commitment placement options, of which options the trial court ranks in order of preference, also states: “The…

94. In the Interest of M.A. v. Coler 555 So. 2d 1247 · DCA89-02617 · District Court of Appeal 1989

    This opinion cites § 39.09 1 time, the section generally

    …it is unable to comply with the statute because it lacks the resources, that argument is more appropriately addressed to the legislature. We note that section 39.09(3)(e), which provides that HRS submit a list of three commitment placement options, of which options the trial court ranks in order of preference, also states: “The…

95. In the Interest of A.M.R. v. Coler 555 So. 2d 1248 · DCA89-02620 · District Court of Appeal 1989

    This opinion cites § 39.09 1 time, the section generally

    · cited by 1 in all courts

    …it is unable to comply with the statute because it lacks the resources, that argument is more appropriately addressed to the legislature. We note that section 39.09(3)(e), which provides that HRS submit a list of three commitment placement options, of which options the trial court ranks in order of preference, also states: “The…

96. C.M.T. v. Department of Health & Rehabilitative Services 550 So. 2d 126 · 1D89-532 · 1st DCA 1989

    This opinion cites § 39.09 1 time, the section generally

    · cited by 11 in all courts

    …was committed to the custody of H.R.S. and placed in secure detention. H.R.S. furnished the trial court with three commitment options as required by section 39.09(3)(e), Florida Statutes. The trial court then ranked the three options according to its preference. Rather than place petitioner in a commitment program within five…

97. In the Interest of A.N.J. v. State 554 So. 2d 531 · DCA89-51 · District Court of Appeal 1989

    This opinion cites § 39.09 1 time, the section generally

    · cited by 4 in all courts

    …same program a second time. For its part, the state urges that the consecutive commitment ordered by the trial judge was specifically authorized by section 39.09(3)(e), Florida Statutes (1988 Supp.). It reasons that if a child is already in the custody of HRS for a prior delinquent act, then the court must be allowed to…

98. B.E.O. v. State 544 So. 2d 1175 · 5D89-1022 · 5th DCA 1989

    This opinion cites § 39.09 1 time, the section generally

    …act and adjudicated a delinquent. At a dispositional hearing the trial judge received from H.R.S. a pre-dispositional report which, in accordance with section 39.09(3)(e) Florida Statutes (1988 Supp.), provides a list of three options, in order of preference, of programs in which the child may be placed. The statute requires…

99. B.E.O. v. State 544 So. 2d 1175 · DCA89-1022 · District Court of Appeal 1989

    This opinion cites § 39.09 1 time, the section generally

    · cited by 16 in all courts

    …and adjudicated a delinquent. At a dispositional hearing the trial judge received from H.R.S. a pre-disposi-tional report which, in accordance with section 39.09(3)(e) Florida Statutes (1988 Supp.), provides a list of three options, in order of preference, of programs in which the child may be placed. The statute requires…

100. Russell v. Wanicka 524 So. 2d 1077 · DCA87-1480 · District Court of Appeal 1988

     This opinion cites § 39.09 1 time, the section generally

     · cited by 2 in all courts

     …Fla.Stat. (1985). A minor who has committed an act that would subject him to a delinquency hearing can be transferred for criminal prosecution under section 39.09(2), Florida Statutes (1985). Even though section 39.10(4), Florida Statutes (1985), provides that “an adjudication by a court that a child has committed a…

101. Banks v. State 520 So. 2d 43 · 1DBP-378 · 1st DCA 1987

     This opinion cites § 39.09 1 time, the section generally

     · cited by 6 in all courts

     …read as follows: Upon motion of a child charged with a misdemeanor, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

102. Department of Health & Rehabilitative Services v. State 516 So. 2d 1094 · 5D87-202 · 5th DCA 1987

     This opinion cites § 39.09 1 time, the section generally

     · cited by 2 in all courts

     …rank the third option. The refusal of the trial judge to rank all the placement options presented by HRS is in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See In Re Interest of K.J.M., a child, 495 So.2d 241 (Fla. 5th DCA 1986). Because the trial judge cannot select the placement…

103. In the Interest of F.D.E. v. State 510 So. 2d 1076 · DCABS-333 · District Court of Appeal 1987

     This opinion cites § 39.09 1 time, the section generally

     · cited by 1 in all courts

     …of Health and Rehabilitative Services, Family Group Home. We reverse. The sole error urged by F.D.E. is that the trial court did not comply with section 39.09(3)(e), Florida Statutes (1985), insofar as it failed to rank in order of preference the three placement alternatives suggested by H.R.S. We agree and therefore…

104. Wright v. State 507 So. 2d 784 · DCABJ-347 · District Court of Appeal 1987

     This opinion cites § 39.09 1 time, the section generally

     · cited by 1 in all courts

     ZEHMER, Judge. Diane Wright, a juvenile offender, appeals an order entered pursuant to section 39.09, Florida Statutes (1985), certifying that she be tried as an adult. After careful consideration of the supplementary briefs ordered to be filed, we are…

105. A.H. v. State 499 So. 2d 27 · 2D86-872 · 2nd DCA 1986

     This opinion cites § 39.09 1 time, the section generally

     …that was not recommended by HRS. The commitment order contains no directions regarding the facility at which A.H. is to be placed. The provisions of section 39.09(3)(e), Florida Statutes (1985) are mandatory. They require the trial court to rank in the commitment order the options for placement recommended by HRS in order of…

106. A.H. v. State 499 So. 2d 27 · DCA86-872 · District Court of Appeal 1986

     This opinion cites § 39.09 1 time, the section generally

     · cited by 5 in all courts

     …that was not recommended by HRS. The commitment order contains no directions regarding the facility at which A.H. is to be placed. The provisions of section 39.09(3)(e), Florida Statutes (1985) are mandatory. They require the trial court to rank in the commitment order the options for placement recommended by HRS in order of…

107. In re Interest of K.J.M. 495 So. 2d 241 · 5D86-934 · 5th DCA 1986

     This opinion cites § 39.09 1 time, the section generally

     · cited by 3 in all courts

     … 483 So.2d 898 (Fla. 5th DCA 1986). The lower court's action in recommending placement options were in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See T.D. v. State, 486 So.2d 40 (Fla. 2d DCA 1986); T.A.W. v. State, 455 So.2d 582 (Fla. 5th DCA 1984); W.Y. v.…

108. In re Interest of L.B. 493 So. 2d 554 · 5D86-641TO86-643 · 5th DCA 1986

     This opinion cites § 39.09 1 time, the section generally

     · cited by 5 in all courts

     …5th DCA 1986). The lower court's actions in recommending placement options for the minors in this case were in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See T.D. v. State, 486 So.2d 40 (Fla. 2d DCA 1986); T.A.W. v. State, 455 So.2d 582 (Fla. 5th DCA 1984); W.Y. v.…

109. Department of Health & Rehabilitative Services v. McHellen 493 So. 2d 554 · DCA86-641TO86-643 · District Court of Appeal 1986

     This opinion cites § 39.09 1 time, the section generally

     …5th DCA 1986). The lower court’s actions in recommending placement options for the minors in this case were in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See T.D. v. State, 486 So.2d 40 (Fla. 2d DCA 1986); T.A.W. v. State, 455 So.2d 582 (Fla. 5th DCA 1984); W.Y. v. State, …

110. T.D. v. State 486 So. 2d 40 · DCA85-1196 · District Court of Appeal 1986

     This opinion cites § 39.09 1 time, the section generally

     · cited by 13 in all courts

     …that defendant be placed. The facility ranked first by the court was not one of the facilities recommended by HRS in its predisposition report. Section 39.09(3)(e), Florida Statutes (1985), provides, “The court shall rank the options presented by [HRS] in order of the preference of the court.” This statute is mandatory…

111. State v. Rhoden 448 So. 2d 1013 · SC62918 · Florida Supreme Court 1984

     This opinion cites § 39.09 1 time, the section generally

     · cited by 173 in all courts

     …subsection 39.111(6)(c)1-6 which in substantial part mirror the criteria the court is to consider in waiving juvenile jurisdiction in the first place. See § 39.09(2)(c)1-8 Fla. Stat. (Supp. 1978)." Further, as noted above, section 39.111(6)(d) requires that a decision to impose adult sanctions must be in writing. Finally, in…

112. Jones v. State 443 So. 2d 434 · 5D82-1503 · 5th DCA 1984

     This opinion cites § 39.09 1 time, the section generally

     · cited by 4 in all courts

     …considered or imposed. Upon motion of a child charged with a misdemeanor, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

113. D.C. v. State 436 So. 2d 203 · 1DAM-431 · 1st DCA 1983

     This opinion cites § 39.09 1 time, the section generally

     …is vested with the sole discretion to decide what action to take. In the present case, the State Attorney chose to file a petition for delinquency. Section 39.09(3), Florida Statutes (1981), states that after an adjudicatory hearing on a petition for delinquency the trial judge may dispose of the case in basically three…

114. D.C. v. State 436 So. 2d 203 · DCAAM-431 · District Court of Appeal 1983

     This opinion cites § 39.09 1 time, the section generally

     · cited by 17 in all courts

     …is vested with the sole discretion to decide what action to take. In the present case, the State Attorney chose to file a petition for delinquency. Section 39.09(3), Florida Statutes (1981), states that after an adjudicatory hearing on a petition for delinquency the trial judge may dispose of the case in basically three…

115. State v. Fitzpatrick 430 So. 2d 444 · SC61639 · Florida Supreme Court 1983

     This opinion cites § 39.09 1 time, the section generally

     · cited by 4 in all courts

     …The state attorney may then choose to file a petition for delinquency with a motion to transfer and certify Fitzpatrick pursuant to sections 39.02(5) and 39.09(2), Florida Statutes (1981), for prosecution as an adult. § 39.-04(2)(e)4, Fla.Stat. (1981). * The defect may also be remedied by the transfer of the case to…

116. In Interest of W.B. 428 So. 2d 309 · 4D81-494 · 4th DCA 1983

     This opinion cites § 39.09 1 time, the section generally

     · cited by 7 in all courts

     …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

117. Hayes v. State 425 So. 2d 634 · DCA82-1094 · District Court of Appeal 1983

     This opinion cites § 39.09 1 time, the section generally

     · cited by 5 in all courts

     …or imposed. Upon motion of a child charged *635 with a misdemeanor, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

118. State v. King 426 So. 2d 12 · SC60857 · Florida Supreme Court 1982

     This opinion cites § 39.09 1 time, the section generally

     · cited by 92 in all courts

     …offense, but only after the court has conducted a waiver hearing and has considered the appropriateness of adult trial according to the criteria in section 39.09(2)(c), Florida Statutes (1981). § 39.02(5)(a), Fla. Stat. (1981). Third, the state attorney may file an information against a child who was sixteen or seventeen…

119. State ex rel. Alton v. Conkling 421 So. 2d 1108 · 5D82-366 · 5th DCA 1982

     This opinion cites § 39.09 1 time, the section generally

     · cited by 12 in all courts

     …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to § 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

120. J.D. v. State 417 So. 2d 1151 · DCAAJ-499 · District Court of Appeal 1982

     This opinion cites § 39.09 1 time, the section generally

     …to revisit commitment orders to control HRS placement of the child. J. N. v. State, 279 So.2d 50 (Fla. 4th DCA 1973). There is nothing in Section 39.09(3)(e) to alter this. The amended orders are therefore vacated. We need not reach J. D.’s attack on the amended orders based on L. J. N. v. State, 411 So.2d…

121. W.Y. v. State 414 So. 2d 659 · 1DAJ-392 · 1st DCA 1982

     This opinion cites § 39.09 1 time, the section generally

     …of the Department of Health and Rehabilitative Services (HRS). We reverse. The sole error urged by W.Y. is that the trial court did not comply with Section 39.09(3)(e), Florida Statutes (1981), by not ranking the three placement alternatives for him suggested by HRS. Instead, the order lists one option, halfway house, as all…

122. I.H. v. State 405 So. 2d 450 · 1DSS-253 · 1st DCA 1981

     This opinion cites § 39.09 1 time, the section generally

     …the following sentence of the same provision, "Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to § 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

123. Interest of I.H. v. State 405 So. 2d 450 · DCASS-253 · District Court of Appeal 1981

     This opinion cites § 39.09 1 time, the section generally

     · cited by 8 in all courts

     …the following sentence of the same provision, “Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to § 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

124. State ex rel. Ortez v. Brousseau 403 So. 2d 549 · 2D81-1370 · 2nd DCA 1981

     This opinion cites § 39.09 1 time, the section generally

     · cited by 3 in all courts

     …adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

125. Interest of R.D.B. v. State 404 So. 2d 136 · DCA81-110 · District Court of Appeal 1981

     This opinion cites § 39.09 1 time, the section generally

     · cited by 1 in all courts

     … to the custody of the Department .... [Emphasis added]. Other sections of Chapter 39 refer to restitution in the context of community control. See §§ 39.09(3)(f); 39.10(2); 39.11(l)(a); 39.11(l)(a)l. Nowhere is restitution authorized as a condition of commitment to HRS. We believe the appellant has constructed a…

126. Gainer v. State 401 So. 2d 924 · DCA80-1036 · District Court of Appeal 1981

     This opinion cites § 39.09 1 time, the section generally

     · cited by 1 in all courts

     …an adult without the benefit of the predisposition report required by section 39.111(6)(a). 2 We agree that the trial court erred in both respects. Section 39.09(2)(c), requiring that specific findings of fact be set forth in the certification order, and section 39.111(6)(a), requiring a predisposition report prior to…

127. Lott v. State 400 So. 2d 10 · SC59175 · Florida Supreme Court 1981

     This opinion cites § 39.09 1 time, the section generally

     · cited by 6 in all courts

     …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

128. R.A.B. v. State 399 So. 2d 16 · 3D78-2200 · 3rd DCA 1981

     This opinion cites § 39.09 1 time, the section generally

     …collateral effects which are not harmless. See, e.g., § 39.032(2)(d)4, Fla. Stat. (1980) (prior adjudication taken into account in detention decision); § 39.09(2)(c)7c, Fla. Stat. (1980) (prior adjudication taken into account in waiver determination); see also Masci v. State, 397 So.2d 984 (Fla. 3d DCA 1981). …

129. Calhoun v. State 397 So. 2d 1152 · 5D79-203 · 5th DCA 1981

     This opinion cites § 39.09 1 time, the section generally

     · cited by 1 in all courts

     …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to § 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

130. R.V.P. v. State 395 So. 2d 291 · 5D80-294 · 5th DCA 1981

     This opinion cites § 39.09 1 time, the section generally

     …of which may lead to a deprivation of liberty. The third question was whether the trial court erred in the dispositional phase of the proceedings. Section 39.09(3)(j), Florida Statutes (1979), provides: The predisposition report shall be made available to the child's legal counsel and the state attorney upon completion of…

131. In the Interest of R.V.P. v. State 395 So. 2d 291 · DCA80-294 · District Court of Appeal 1981

     This opinion cites § 39.09 1 time, the section generally

     · cited by 5 in all courts

     …of which may lead to a deprivation of liberty. The third question was whether the trial court erred in the dispositional phase of the proceedings. Section 39.09(3)(j), Florida Statutes (1979), provides: The predisposition report shall be made available to the child’s legal counsel and the state attorney upon completion of…

132. Gilmore v. State 390 So. 2d 69 · SC58678 · Florida Supreme Court 1980

     This opinion cites § 39.09 1 time, the section generally

     · cited by 2 in all courts

     …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

133. R.J.B. v. State 394 So. 2d 126 · 5D79-242/T4-383 · 5th DCA 1980

     This opinion cites § 39.09 1 time, the section generally

     …prosecution and is interlocutory. Appellant further contends that two statutes are applicable and specifically provide authority for this appeal. Section 39.09(2)(e), Florida Statutes (1979), provides that an order waiving juvenile jurisdiction, "shall be reviewable on appeal pursuant to section 39.14 and the Florida…

134. Collins v. State 381 So. 2d 328 · DCA78-2106/T4-226 · District Court of Appeal 1980

     This opinion cites § 39.09 1 time, the section generally

     · cited by 3 in all courts

     … 358 So.2d 92 (Fla. 4th DCA 1978). AFFIRMED. CROSS and ORFINGER, JJ., concur. . If the judge finds, after a waiver hearing as provided in s. 39.09, that any child who is 14 years of age or older and who, if an adult, would be charged with a violation of Florida law should be tried as an adult, the judge…

135. Johnson v. State 379 So. 2d 704 · 3D79-82 · 3rd DCA 1980

     This opinion cites § 39.09 1 time, the section generally

     · cited by 5 in all courts

     …Appeal in Castle v. State, 305 So.2d 794 (Fla. 4th DCA 1974). Affirmed. NOTES [1] "If the judge finds, after a waiver hearing as provided in s. 39.09, that any child who is 14 years of age or older and who, if an adult, would be charged with a violation of Florida law should be tried as an adult, the judge…

136. In the Interest of J.K.H. v. State 379 So. 2d 1293 · DCA78-2626 · District Court of Appeal 1980

     This opinion cites § 39.09 1 time, the section generally

     …tribunal to conduct such further proceedings as may be necessary and appropriate to permit the court to make the specific findings mandated by Subsection 39.09(2) Florida Statutes 1977 and to enter an order based upon and enumerating those findings. BERANEK, HERSEY and GLICK-STEIN, JJ., concur.

137. W.M. v. Tye 377 So. 2d 225 · DCA79-1914 · District Court of Appeal 1979

     This opinion cites § 39.09 1 time, the section generally

     · cited by 3 in all courts

     …that adult sanctions be considered or imposed. Upon motion of the child, the case shall be transferred for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delinquent acts, one of which involved an offense classified under…

138. Woods v. State 369 So. 2d 632 · 4D76-2548 · 4th DCA 1979

     This opinion cites § 39.09 1 time, the section generally

     · cited by 7 in all courts

     …in the Criminal Division. We find the trial itself to be without error but reverse the waiver order. Waiver of juvenile jurisdiction here was governed by § 39.09(2) Fla. Stat. (1977). This statute provides in subsection (e) that "when a child is transferred for criminal prosecution, the court shall set forth in writing…

139. P.J.S. v. State 360 So. 2d 455 · DCA77-1919 · District Court of Appeal 1978

     This opinion cites § 39.09 1 time, the section generally

     · cited by 1 in all courts

     …motion to have appellant transferred to the adult division for prosecution when it allegedly did not take into account the criteria set forth in Section 39.09(2)(c), Florida Statutes (1977), and whether the court erred in proceeding with a waiver hearing without the appellant’s sole legal guardian, his mother, being…

140. Mitchell v. State 351 So. 2d 1142 · DCAFF-284 · District Court of Appeal 1977

     This opinion cites § 39.09 1 time, the section generally

     · cited by 7 in all courts

     …adduced against him in the circuit court waiver hearing which resulted in an order transferring appellant for this criminal prosecu *1143 tion. Section 39.09(2), Florida Statutes (1975). The State urges that the asserted error was waived by appellant’s failure to appeal from the transfer order within 30 days. Section…

141. E.H.N. v. Willis 350 So. 2d 829 · 1DGG-454 · 1st DCA 1977

     This opinion cites § 39.09 1 time, the section generally

     · cited by 7 in all courts

     …the minor were not punishable by death or life imprisonment. Section 39.02(5)(a) provides: "If the judge finds, after a waiver hearing as provided in s. 39.09, that any child who is fourteen [14] years of age or older and who, if an adult, would be charged with a violation of Florida law should be tried as an adult,…

142. Doerr v. State 348 So. 2d 938 · 2D76-977 · 2nd DCA 1977

     This opinion cites § 39.09 1 time, the section generally

     · cited by 18 in all courts

     …case to the criminal division of the circuit court because of the court's failure to notify the juvenile's parents of the waiver hearing held under Section 39.09(2), Florida Statutes. See also this court's recent opinion in Alexander v. State, 341 So.2d 790 (Fla. 2d DCA 1977), where we vacated a judgment and…

143. Florida Bar 345 So. 2d 655 · SC48946 · Florida Supreme Court 1977

     This opinion cites § 39.09 1 time, the section generally

     · cited by 4 in all courts

     …waiver simply tracked the statutory language at the time Fla. Trans. Rule 11 was adopted which allowed waiver of felony charges only. § 39.03(5)(a) and § 39.09(2)(a), Fla.Stat. (1975), now allow involuntary waiver for a child over the age of fourteen (14) charged with a violation of law. The committee feels that this goes…

144. Jackson v. State 336 So. 2d 633 · 4D74-1625 · 4th DCA 1976

     This opinion cites § 39.09 1 time, the section generally

     · cited by 6 in all courts

     …and an order entered waiving the circuit court's juvenile jurisdiction with the matter being transferred for trial as if the child was an adult. See section 39.09(2), F.S., and Rules 8.100(c) and 8.110(b), Fla.R. Juv.P. At his trial, the defendant took the witness stand and testified in his own behalf. During direct…

145. State v. Robinson 336 So. 2d 437 · 2D75-1506 · 2nd DCA 1976

     This opinion cites § 39.09 1 time, the section generally

     · cited by 10 in all courts

     …the time that person reached the age of 18 years, and which charge has not yet been disposed of ( except those charged under Fla. Stat. § 39.02 (5)(c) and § 39.09(2)), shall be transferred to the juvenile division for the circuit in which he was charged and shall thereafter be treated in that case in all respects as a…

146. O.A.H. v. State 332 So. 2d 641 · 3D75-1327 · 3rd DCA 1976

     This opinion cites § 39.09 1 time, the section generally

     …The prosecution filed a motion for waiver of juvenile jurisdiction and certification of the case for trial as if the child were an adult, as provided in § 39.09(2)(a), Fla. Stat. The juvenile judge granted the motion and this appeal ensued. The thrust of the appeal is that the juvenile court erred in waiving juvenile…

147. Johnson v. State 314 So. 2d 573 · SC45764 · Florida Supreme Court 1975

     This opinion cites § 39.09 1 time, the section generally

     · cited by 42 in all courts

     …[9] F.S.A., Section 39.02(5)(b). Also see Rule 8.100(b) Florida Rules of Juvenile Procedure (Temporary). [10] F.S.A., Section 39.02(5)(a); F.S.A., Section 39.09(2); Also see Rule 8.100(c) and Rule 8.110(b), Florida Rules of Juvenile Procedure (Temporary). [11] Davis v. State, Fla., 297 So.2d 289 (1974). [12] …

148. Breed v. Jones 421 U.S. 519 · US421-519 · U.S. Supreme Court 1975

     Affirmed This opinion cites § 39.09 1 time, the section generally

     · cited by 998 in all courts

     Trying a juvenile as an adult after a juvenile court delinquency adjudication on the same offense violated double jeopardy; habeas relief was affirmed.

     … 286 Ala. 189 , 238 So. 2d 542 (1970)); W. Va. Code Ann. §49-5-14 (1966). 17 See, e. g., Fla. Stat. Aim. § 39.09 (2) (g) (1974); Tenn. Code. Ann. § 37-234 (e) (Supp. 1974); Wyo. Stat. § 14-115.38 (c) (Supp. 1973); Uniform Juvenile Court Act § 34 (e), approved in July…

149. In re A.W. 230 So. 2d 200 · 1DL-194 · 1st DCA 1970

     This opinion cites § 39.09 1 time, the section generally

     …Florida Statutes, F.S.A. [7] Section 39.12(3), Florida Statutes, F.S.A. [8] McGuire v. McGuire, 140 So.2d 354 (Fla. App.2d 1962). [9] Section 39.09(2), Florida Statutes, F.S.A.

150. In re A.W. 230 So. 2d 200 · DCAL-194 · District Court of Appeal 1970

     This opinion cites § 39.09 1 time, the section generally

     · cited by 4 in all courts

     …Florida Statutes, F.S.A. . Section 39.12(3), Florida Statutes, F.S.A. . McGuire v. McGuire, 140 So.2d 354 (Fla.App.2d 1962). .Section 39.09(2), Florida Statutes, F.S.A.

151. Hall v. Florida State Department of Public Welfare 226 So. 2d 39 · DCA1860 · District Court of Appeal 1969

     This opinion cites § 39.09 1 time, the section generally

     · cited by 6 in all courts

     …F.S.A. . Section 39.06(1), F.S.1967, F.S.A. . Section 39.06(6), F.S.1967, F.S.A. . Section 39.06(5), F.S.1967, F.S.A. . Section 39.09, F.S.1967, F.S.A. . Section 39.11(5) (a), F.S.1967, F.S.A. . Section 39.11(5) (b), F.S.1967, F.S.A. . Section 39.11(5) (c), F.S.1967, F.S.A.…

152. In re T.W.P. 184 So. 2d 507 · 3D65-678 · 3rd DCA 1966

     This opinion cites § 39.09 1 time, the section generally

     …right of representation by counsel, but that the recommendation was deleted before the legislature adopted the commission's other recommendations. [6] § 39.09(2), Fla. Stat., F.S.A. which now reads: "Hearings shall be conducted by the judge without a jury, applying the rules of evidence in use in equity cases in the…

153. In re T.W.P. 184 So. 2d 507 · DCA65-678 · District Court of Appeal 1966

     This opinion cites § 39.09 1 time, the section generally

     · cited by 6 in all courts

     …right of representation by counsel, but that the recommendation was deleted before the legislature adopted the commission’s other recommendations. .§ 39.09(2), Fla.Stat., F.S.A. which now reads: “Hearings shall be conducted by the judge without a jury, applying the rules of evidence in use in equity cases in the…

154. In re D.A.W. 178 So. 2d 745 · DCA5696 · District Court of Appeal 1965

     This opinion cites § 39.09 1 time, the section generally

     · cited by 2 in all courts

     …shall be conducted without a jury, applying the rules of evidence in use in equity cases, and adjourning the hearings from time to time as necessary, (§ 39.09), no provision is found whereby the court may order the parents to be examined and evaluated. And although it has been held that chapter 39 was *747 enacted…

155. Noeling v. State 87 So. 2d 593 · CL1934036 · Florida Supreme Court 1956

     This opinion cites § 39.09 1 time, the section generally

     · cited by 27 in all courts

     …certiorari attacking an order of the Circuit Court sitting as an appellate court to review the action of the Juvenile Court under the cited statute. Section 39.09, Florida Statutes, F.S.A., provides that the hearings shall be conducted by the Juvenile Judge without a jury in an informal manner and that the rules of…

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

     Rule amendment This opinion cites § 39.09 1 time, the section generally

     · cited by 1 in all courts

     …juveniles who use false names and birthdates, which can result in the arrest of an innocent child whose name was used by the offender. (d) Section 39.09(5) 39.058, Florida Statutes, creates procedures to have a child placed in a serious or habitual juvenile offender program. This section allows for filing of a…

157. In re Amendments to Fla. Rules of Juv. Pro. 649 So. 2d 1370 · SC83165 · Florida Supreme Court 1995

     Rule amendment This opinion cites § 39.09 1 time, the section generally

     · cited by 2 in all courts

     …occur within 5 days, excluding Saturday, Sunday, and legal holidays. Placement Alternatives Pursuant to subsection 39.09(3)(e), Florida Statutes, placement is recommended in the following order: 1. ________________________________________ 2. …

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