Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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§ 39.11 Former number


Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

§ 39.11 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.

138 opinions cite § 39.11

  1. Dupes v. Department of Health & Rehabilitative Services 536 So. 2d 311 · 1DBR-426 · 1st DCA 1988

    This opinion cites § 39.11 13 times, the section generally

    · cited by 4 in all courts

    …the validity of the rule establishing the fee collection system employed by HRS (Rule 10-6.010, et seq., Florida Administrative Code); and whether section 39.11, Florida Statutes, containing special provisions dealing with support and maintenance fees for juveniles, preempts the more general provisions for support and…

  2. In re M.S. 429 So. 2d 844 · 1D82-664 · 1st DCA 1983

    This opinion cites § 39.11 8 times, the section generally

    · cited by 4 in all courts

    …which committed appellant to HRS for placement and imposed a $500 fine on him to be paid to the clerk of the circuit court. Appellant contends that Section 39.11, Florida Statutes (1981), does not permit the trial court to commit him to HRS and also require payment of a fine. Section 39.11(l)(a) and Section 39.11(l)(c)…

  3. T.R. v. State 677 So. 2d 270 · SC86126 · Florida Supreme Court 1996

    This opinion cites § 39.11 7 times, the section generally

    …a juvenile commitment order within sixty days from the date the order was entered. Id. at 723 . In reaching this conclusion, the court looked to section 39.11, Florida Statutes (1979). The district court noted that under section 39.11(1)(c), a court with jurisdiction over a delinquent child could have the child…

  4. T.R. v. State 677 So. 2d 270 · SC86126-2 · Florida Supreme Court 1996

    This opinion cites § 39.11 7 times, the section generally

    · cited by 20 in all courts

    …a juvenile commitment order within sixty days from the date the order was entered. Id. at 723 . In reaching this conclusion, the court looked to section 39.11, Florida Statutes (1979). The district court noted that under section 39.11(l)(c), a court with jurisdiction over a delinquent child could have the child…

  5. K.M.C. v. State 485 So. 2d 1296 · 1DBH-402 · 1st DCA 1986

    This opinion cites § 39.11 7 times, the section generally

    · cited by 1 in all courts

    …determined by the court." In the present juvenile proceeding, the court did not rely upon section 948.03(1)(e) to award restitution, but relied upon section 39.11(1)(g), which provides that in a juvenile delinquency proceeding the court may place the juvenile in community control and, as a condition, may "order the child or…

  6. J.S.H. v. State 455 So. 2d 1143 · 2D84-335 · 2nd DCA 1984

    This opinion cites § 39.11 7 times, the section generally

    …as the juvenile had been charged only with the crime of grand theft, and not with the offense of criminal mischief, [1] the court, acting pursuant to section 39.11(1)(g), Florida Statutes (1983), ordered the juvenile to pay restitution in the amount of one-half of the total damages of $1,550. The juvenile argues on appeal…

  7. In Interest of J.F. 384 So. 2d 713 · 3D79-1223 · 3rd DCA 1980

    This opinion cites § 39.11 7 times, the section generally

    · cited by 8 in all courts

    …39.01(1), Florida Statutes (Supp. 1978) which became effective October 1, 1978. The appellant argues that by utilizing the former provisions of Section 39.11(1)(d), Florida Statutes (1977), the circuit court did not apply the applicable law. Like the circuit court below, we find that the record supports the commitment…

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

    This opinion cites § 39.11 7 times, the section generally

    · cited by 7 in all courts

    …the court, the child becomes a potential candidate for proceedings which can result in an adjudication of dependency or delinquency pursuant to Sections 39.05-39.11, Florida Statutes (1975). This construction is reinforced by the phrases in Section 39.01(11) "and all the provisions of this act [§§ 39.05-39.11, Fla. Stat.]…

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

    This opinion cites § 39.11 6 times, the section generally

    …of M.S., 429 So.2d 844 (Fla. 4th DCA 1983), HRS argues that the circuit court's authority to discipline a delinquent child is governed by section 39.11, Florida Statutes and thus, absent express statutory authorization, the court is without authority to impose a sanction. In each of the cited cases, the…

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

    This opinion cites § 39.11 6 times, the section generally

    · cited by 4 in all courts

    …of M.S., 429 So.2d 844 (Fla. 4th DCA 1983), HRS argues that the circuit court’s authority to discipline a delinquent child is governed by section 39.11, Florida Statutes and thus, absent express statutory authorization, the court is without authority to impose a sanction. In each of the cited cases, the…

  11. K.M.C. v. State 485 So. 2d 1296 · DCABH-402 · District Court of Appeal 1986

    This opinion cites § 39.11 6 times, the section generally

    · cited by 7 in all courts

    …thus there was a sufficiently significant relationship between the commission of the offense and the damage to the boat to warrant restitution under section 39.11(l)(g), Florida Statutes (1983). J.S.H. is clearly distinguishable because the required significant relationship between the convicted offense and the resulting…

  12. J.S.H. v. State 455 So. 2d 1143 · DCA84-335 · District Court of Appeal 1984

    This opinion cites § 39.11 5 times, the section generally

    · cited by 6 in all courts

    …as the juvenile had been charged only with the crime of grand theft, and not with the offense of criminal mischief, 1 the court, acting pursuant to section 39.11(l)(g), Florida Statutes (1983), ordered the juvenile to pay restitution in the amount of one-half of the total damages of $1,550. The juvenile argues on appeal…

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

    This opinion cites § 39.11 5 times, the section generally

    · cited by 1 in all courts

    COBB, Judge. Appellant R.D.B. was adjudged delinquent and committed to the Department of *137 Health and Rehabilitative Services (HRS) pursuant to section 39.11(3), Florida Statutes (Supp.1980). At the disposition hearing that preceded the order of commitment, the trial judge stated: You have been adjudicated…

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

    This opinion cites § 39.11 5 times, the section generally

    · cited by 27 in all courts

    …for permanent commitment had been filed and by such notice direct the parents "to show cause why the petition should not be granted" as required by Section 39.11(4) (a), Florida Statutes, F.S.A. The petitioners contend that in order to commit their child permanently for subsequent adoption, it was necessary that someone…

  15. J.O.S. v. State 689 So. 2d 1061 · SC87692 · Florida Supreme Court 1997

    This opinion cites § 39.11 4 times, the section generally

    …criminal defendants under section 775.089(1)(a). In J.S.H. v. State, 472 So.2d 737 (Fla.1985), we reviewed the statutory language of section *1064 39.11(1)(g), Florida Statutes (1983), [8] a predecessor to section 39.054(1)(f), which also required damage to be caused by the charged offense before it would be…

  16. O.D. v. State 561 So. 2d 1259 · 2D89-01718 · 2nd DCA 1990

    This opinion cites § 39.11 4 times, the section generally

    · cited by 2 in all courts

    ALTENBERND, Judge. The parents of M.D. appeal an order requiring them to pay $2,500 as restitution, pursuant to section 39.11(l)(f), Florida Statutes (1987), for damages to an automobile caused by their minor child. The parents argue that they should not be required to provide restitution…

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

    This opinion cites § 39.11 4 times, the section generally

    · cited by 6 in all courts

    …he committed these crimes. A juvenile commitment may be effective only until the subject's 19th birthday unless he is sooner released by the court. Section 39.11, Florida Statutes (1985). This defendant is now 21 years old (D.O.B. 6/15/66). I have difficulty understanding what the majority expects the trial court to do…

  18. Schuette v. State 822 So. 2d 1275 · SC01-1254 · Florida Supreme Court 2002

    This opinion cites § 39.11 3 times, the section generally

    · cited by 32 in all courts

    …H.R. Comm. on Crim. Justice, Final Bill Analysis & Econ. Impact Statement, CS for SB 488 (Apr. 20, 1993). [4] In J.S.H. this Court interpreted section 39.11(1)(g), Florida Statutes (1983), repealed by chapter 90-208, section 17, Laws of Florida, part of the Juvenile Justice Act. Section 39.11 read, in pertinent part: …

  19. J.O.S. v. State 689 So. 2d 1061 · SC87692-2 · Florida Supreme Court 1997

    This opinion cites § 39.11 3 times, the section generally

    · cited by 15 in all courts

    …criminal defendants under section 775.089(l)(a). In J.S.H. v. State, 472 So.2d 737 (Fla.1985), we reviewed the statutory language of sec *1064 tion 39.11(l)(g), Florida Statutes (1983), 8 a predecessor to section 39.054(l)(f), which also required damage to be caused by the charged offense before it would be subject…

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

    This opinion cites § 39.11 3 times, the section generally

    …home in lieu of commitment to the custody of the department in a training school, halfway house, or other residential program of the department. Section 39.11, Florida Statutes (1989), sets forth the juvenile court’s powers of disposition of a child adjudicated as having committed a delinquent act. Section 39.11…

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

    This opinion cites § 39.11 3 times, the section generally

    · cited by 5 in all courts

    …agency or other third parties. Second, the child has only been placed in a community control program under the supervision of HRS pursuant to section 39.11(1)(a), Florida Statutes. [1] The court has not committed the child to HRS under section 39.11(1)(c), Florida Statutes, and, therefore, the question of HRS placing…

  22. J.S. v. State 552 So. 2d 327 · 1D89-1719 · 1st DCA 1989

    This opinion cites § 39.11 3 times, the section generally

    …Count I. J.S. asserts on appeal that the term of community control imposed by the court was in excess of the maximum allowed by law. We agree. Section 39.11(1)(a)1., Florida Statutes (1987), provides in pertinent part: 1. Community control programs for children shall be supervised by the department *328 or by any…

  23. In the Interest of J.S. v. State 552 So. 2d 327 · DCA89-1719 · District Court of Appeal 1989

    This opinion cites § 39.11 3 times, the section generally

    · cited by 6 in all courts

    …Count I. J.S. asserts on appeal that the term of community control imposed by the court was in excess of the maximum allowed by law. We agree. Section 39.11(1)(a)1., Florida Statutes (1987), provides in pertinent part: 1. Community control programs for children shall be supervised by the de *328 partment or by any other…

  24. In the Interest of K.W.G. v. State 510 So. 2d 1050 · DCABS-26 · District Court of Appeal 1987

    This opinion cites § 39.11 3 times, the section generally

    · cited by 2 in all courts

    …of Delinquency, the trial court ordered that the “[c]hild is not to be released prior to 18 months without written permission from this Court”. Section 39.11(3) Florida Statutes (1985) prohibits a court from ordering a child committed for a determinate period of time. 2 The statute specifically states “[a]ny…

  25. In re D.W.K. 492 So. 2d 1360 · 5DBJ-17 · 5th DCA 1986

    This opinion cites § 39.11 3 times, the section generally

    · cited by 1 in all courts

    …relating to the requirement of performance agreements, insofar as they pertain to involuntary custodial commitments, in pari materia with those of section 39.11, regarding the court’s general powers to permanently commit a child previously declared to be dependent. My belief that foster care necessarily includes a…

  26. J.S.H. v. State 472 So. 2d 737 · SC66029 · Florida Supreme Court 1985

    This opinion cites § 39.11 3 times, the section generally

    …sufficiently significant relationship to the victim's damages to support the trial court's order that the juvenile pay restitution to the victim under section 39.11(1)(g), Florida Statutes (1983). We agree and approve the decision of the district court. The victim anchored his twenty-one-foot motorboat to a bridge because it…

  27. J.D.B. v. State 463 So. 2d 486 · 2D84-1213 · 2nd DCA 1985

    This opinion cites § 39.11 3 times, the section generally

    …for acquittal. However, we reverse and remand for correction of his sentence. The trial court sentenced defendant to "indefinite community control." Section 39.11(1)(a) 1, Florida Statutes (1983), provides that when the court imposes community control as a sanction for an adjudication of delinquency the duration of such…

  28. J.D.B. v. State 463 So. 2d 486 · DCA84-1213 · District Court of Appeal 1985

    This opinion cites § 39.11 3 times, the section generally

    · cited by 8 in all courts

    …for acquittal. However, we reverse and remand for correction of his sentence. The trial court sentenced defendant to “indefinite community control.” Section 39.11(l)(a) 1, Florida Statutes (1983), provides that when the court imposes community control as a sanction for an adjudication of delinquency the duration of such…

  29. W.N. v. State 426 So. 2d 1206 · 4D82-195 · 4th DCA 1983

    This opinion cites § 39.11 3 times, the section generally

    …in conducting a hearing on remand, in the present case. Id. Obviously the charge in Fresneda differs from the charge of trespass; but section 39.11(1)(g), Florida Statutes (1981), provides that the court, "[a]s part of the community control program to be implemented by the department, [may] order the child or…

  30. W.N. v. State 426 So. 2d 1206 · DCA82-195 · District Court of Appeal 1983

    This opinion cites § 39.11 3 times, the section generally

    · cited by 8 in all courts

    …conducting a hearing on remand, in the present case. Id. Obviously the charge in Fresneda differs from the charge of trespass; but section 39.11(l)(g), Florida Statutes (1981), provides that the court, “[a]s part of the community control program to be implemented by the department, [may] order the child or…

  31. Rowe v. Wille 415 So. 2d 79 · 4D80-1580 · 4th DCA 1982

    This opinion cites § 39.11 3 times, the section generally

    · cited by 7 in all courts

    …959.021, Florida Statutes (1977), mandates that HRS "shall be responsible for the implementation of law and policy relating to youth services... ." Chapter 39.11(1)(a)(1) provides that "Community control programs for children shall be supervised by the department [HRS] or by any other person or agency specifically authorized by…

  32. M.V.D. v. State 414 So. 2d 599 · 1DAH-346 · 1st DCA 1982

    This opinion cites § 39.11 3 times, the section generally

    …committing appellant to the Department of Health and Rehabilitative Services for a determinate period of time and in ordering restitution to be made. Section 39.11(3), Florida Statutes (1981) mandates that "[a]ny commitment of a delinquent child to the department shall be for an indeterminate period of time ..." See also …

  33. M.V.D. v. State 414 So. 2d 599 · DCAAH-346 · District Court of Appeal 1982

    This opinion cites § 39.11 3 times, the section generally

    · cited by 8 in all courts

    …committing appellant to the Department of Health and Rehabilitative Services for a determinate period of time and in ordering restitution to be made. Section 39.11(3), Florida Statutes (1981) mandates that “[a]ny commitment of a delinquent child to the department shall be for an indeterminate period of time ...” See also…

  34. In Interest of J.P. 405 So. 2d 497 · 4D79-487 · 4th DCA 1981

    This opinion cites § 39.11 3 times, the section generally

    · cited by 8 in all courts

    …probation for an indeterminate period not to exceed his 21st birthday, regardless of the statutory maximum penalty provided for the offense charged. Section 39.11(2)(a), Florida Statutes (1977). [1] We do not believe these provisions as applied in the instant case violated appellant's rights to equal protection. First, we…

  35. In Interest of D.A.H. 390 So. 2d 379 · 5D79-122/T4-372 · 5th DCA 1980

    This opinion cites § 39.11 3 times, the section generally

    · cited by 15 in all courts

    …reluctant to interfere with the conclusions of the trial judge, it would appear that he applied an incorrect standard to the evidence before him. Section 39.11(2)(d), Florida Statutes (1977) was the law in effect at the time these proceedings were commenced and heard. [1] The statute did not attempt to *381 define…

  36. In re Interest of Camm 294 So. 2d 318 · SC43796 · Florida Supreme Court 1974

    This opinion cites § 39.11 3 times, the section generally

    · cited by 41 in all courts

    …Court, Dade County, Juvenile and Domestic Relations Division. The trial court, in its final Order, impliedly passed upon the constitutionality of Section 39.11(2) (a) (4), Florida Statutes, F.S.A., [1] giving this Court jurisdiction of the direct appeal under Article V, Section 3(b)(1) of the Constitution of the State…

  37. In Interest of J.N. 279 So. 2d 50 · 4D72-333 · 4th DCA 1973

    This opinion cites § 39.11 3 times, the section generally

    · cited by 5 in all courts

    …a delinquent child within the meaning of § 39.01(11) and (12)(b), F.S. 1971, F.S.A. By the same order the court committed the child under the authority of § 39.11(2)(b), F.S. 1971, F.S.A., to the Division of Youth Services. When it later came to the attention of the judge who signed the commitment order (the order of 2…

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

    This opinion cites § 39.11 3 times, the section generally

    …that the Juvenile Court has no jurisdiction as to child custody in divorce cases, and its jurisdiction as to dependent children is limited by Section 39.11, Florida Statutes, F.S.A., which authorizes only the "placement" of dependent children (except where conditions warrant severing parental ties) — thus, the…

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

    This opinion cites § 39.11 3 times, the section generally

    · cited by 4 in all courts

    …that the Juvenile Court has no jurisdiction as to child custody in divorce cases, and its jurisdiction as to dependent children is limited by Section 39.11, Florida Statutes, F. S.A., which authorizes only the “placement” of dependent children (except where conditions warrant severing parental ties) —thus, the…

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

    This opinion cites § 39.11 3 times, the section generally

    · cited by 6 in all courts

    …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. . Section 39.07, F.S.1967, F.S.A. …

  41. E.J. v. State 595 So. 2d 282 · 1D91-01755 · 1st DCA 1992

    This opinion cites § 39.11 2 times, the section generally

    · cited by 1 in all courts

    …the trial court erred in failing to limit the term of community control to the maximum adult sanction for the offense. Prior to the repeal of Section 39.11, Florida Statutes, by Chapter 90-208, Laws of Florida, that statute had been interpreted as limiting a juvenile's maximum term of community control or…

  42. E.J. v. State 595 So. 2d 282 · DCA91-01755 · District Court of Appeal 1992

    This opinion cites § 39.11 2 times, the section generally

    · cited by 19 in all courts

    …the trial court erred in failing to limit the term of community control to the maximum adult sanction for the offense. Prior to the repeal of Section 39.11, Florida Statutes, by Chapter 90-208, Laws of Florida, that statute had been interpreted as limiting a juvenile’s maximum term of community control or…

  43. R.M.S. v. State 552 So. 2d 301 · DCA89-00734 · District Court of Appeal 1989

    This opinion cites § 39.11 2 times, the section generally

    …contention. The trial court in a juvenile proceeding has authority as part of a community control program to suspend a juvenile’s license pursuant to section 39.11(1)(a), Florida Statutes (1989). See also § 39.11(1)(d), Fla.Stat. (1987); In the Interest of B.P., 538 So.2d 73 (Fla. 4th DCA 1989). We agree, however, that…

  44. D.M. v. State 550 So. 2d 149 · 3D87-2424 · 3rd DCA 1989

    This opinion cites § 39.11 2 times, the section generally

    …convicted offense," J.S.H. v. State, 472 So.2d 737, 738 (Fla. 1985), and was therefore properly included within the restitution ordered under Section 39.11(1)(f), Florida Statutes (1987). (2) Although the juvenile arguably established that the $988.00 in restitution ordered below was beyond his financial ability to…

  45. D.M. v. State 550 So. 2d 149 · DCA87-2424 · District Court of Appeal 1989

    This opinion cites § 39.11 2 times, the section generally

    · cited by 3 in all courts

    …the convicted offense,” J.S.H. v. State, 472 So.2d 737, 738 (Fla.1985), and was therefore properly included within the restitution ordered under Section 39.11(l)(f), Florida Statutes (1987). (2) Although the juvenile arguably established that the $988.00 in restitution ordered below was beyond his financial ability to…

  46. In re H.B.E. 484 So. 2d 653 · DCA85-1120 · District Court of Appeal 1986

    This opinion cites § 39.11 2 times, the section generally

    · cited by 2 in all courts

    …like the statutory scheme for adults, permitted a longer term of probation than the maximum sixty-day period for imprisonment now provided in Sections 39.11(l)(a)(l) and 39.11(3), Florida Statutes (1983). However, it is up to the legislature to correct this apparent inconsistency. ANSTEAD, DELL and WALDEN, JJ., concur.

  47. C.D.S. v. State 475 So. 2d 1017 · DCA85-413 · District Court of Appeal 1985

    This opinion cites § 39.11 2 times, the section generally

    …were suspended “on a day to day basis” pending appropriate behavior by appellants. The indeterminate duration of the sentences was not error; section 39.11(3), Florida Statutes (1983), requires that commitments to HRS be for an indeterminate period of time. That section also provides, however, that a juvenile’s term…

  48. J.S.H. v. State 472 So. 2d 737 · SC66029-2 · Florida Supreme Court 1985

    This opinion cites § 39.11 2 times, the section generally

    · cited by 46 in all courts

    …sufficiently significant relationship to the victim’s damages to support the trial court’s order that the juvenile pay restitution to the victim under section 39.11(l)(g), Florida Statutes (1983). We agree and approve the decision of the district court. The victim anchored his twenty-one-foot motorboat to a bridge because it…

  49. Roberts v. State 467 So. 2d 439 · 5D84-811 · 5th DCA 1985

    This opinion cites § 39.11 2 times, the section generally

    · cited by 4 in all courts

    …The appellate court affirmed, stating: We disagree with our sister court's holding in W.N. In our view, the words "caused by his offense" in section 39.11(1)(g) do not mean that the offense charged must bear "a direct relationship" to the damages caused. We believe that such a construction of that language in section…

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

    This opinion cites § 39.11 2 times, the section generally

    …1st DCA 1982); see also, D.C. v. State, 436 So.2d 203 (Fla. 1st DCA 1983); Rhoden v. State, 421 So.2d 780 (Fla. 2d DCA 1982). Similarly, Section 39.11 must be read in pari materia with Section 39.09, and failure to strictly comply with the requirements of that section may also result in reversible error. …

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

    This opinion cites § 39.11 2 times, the section generally

    · cited by 18 in all courts

    …1st DCA 1982); see also, D.C. v. State, 436 So.2d 203 (Fla. 1st DCA 1983); Rhoden v. State, 421 So.2d 780 (Fla. 2d DCA 1982). Similarly, Section 39.11 must be read in pari materia with Section 39.09, and failure to strictly comply with the requirements of that section may also result in reversible error. …

  52. R.M.P. v. Jones 419 So. 2d 618 · SC60223 · Florida Supreme Court 1982

    This opinion cites § 39.11 2 times, the section generally

    · cited by 19 in all courts

    …(Supp. 1980), [1] do not authorize the juvenile court to impose conditions of behavior upon her, even though the almost identical language in section 39.11(1), Florida Statutes (Supp. 1980), [2] authorizes the court to place conditions of behavior upon a delinquent child. Respondent Carlton Jones, Superintendent,…

  53. State v. A.N.F. 413 So. 2d 146 · 5D81-844 · 5th DCA 1982

    This opinion cites § 39.11 2 times, the section generally

    …the general jurisdiction of the circuit court, and are subject to prosecution therein. AFFIRMED. ORFINGER and COWART, JJ., concur. NOTES [1] See §§ 39.11(1)(a)2, 39.11(1)(c), 39.12(2), Fla. Stat. (1981). [2] State v. G.D.M., 394 So.2d 1017 (Fla. 1981); State v. Cain, 381 So.2d 1361 (Fla. 1980).

  54. State v. A.N.F. 413 So. 2d 146 · DCA81-844 · District Court of Appeal 1982

    This opinion cites § 39.11 2 times, the section generally

    · cited by 9 in all courts

    …under the general jurisdiction of the circuit court, and are subject to prosecution therein. AFFIRMED. ORFINGER and COWART, JJ., concur. . See §§ 39.11(l)(a)2, 39.11(l)(c), 39.12(2), Fla. Stat. (1981). . State v. G.D.M., 394 So.2d 1017 (Fla.1981); State v. Cain, 381 So.2d 1361 (Fla.1980).

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

    This opinion cites § 39.11 2 times, the section generally

    … Counsel for L.J.N. filed a motion for rehearing alleging that the order committed L.J.N. for a determinate period of time in violation of Section 39.11(3) Florida Statutes, and that the placement options listed in the order had been suggested to the court by an assistant state attorney rather *1351 than by HRS…

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

    This opinion cites § 39.11 2 times, the section generally

    · cited by 16 in all courts

    … Counsel for L. J. N. filed a motion for rehearing alleging that the order committed L. J. N. for a determinate period of time in violation of Section 39.11(3) Florida Statutes, and that the placement options listed in the order had been suggested to the court by an assistant state attorney rather *1351 than by HRS…

  57. J.W.H. v. State 402 So. 2d 562 · DCAYY-177 · District Court of Appeal 1981

    This opinion cites § 39.11 2 times, the section generally

    · cited by 1 in all courts

    …in point two that the length of appellant’s term of punishment stated in the order of disposition exceeded the maximum amount allowable under Section 39.11(3), Florida Statutes (1979). See G. W. M. v. State, 391 So.2d 738 (Fla. 4th DCA 1980). Moreover, the state concedes error as to this point. Accordingly, we…

  58. In re S.L.D. 394 So. 2d 1072 · DCA80-253 · District Court of Appeal 1981

    This opinion cites § 39.11 2 times, the section generally

    · cited by 2 in all courts

    …the lesser included offense of petty larceny. 1 The court then began the disposition process at which point defense counsel reminded the court that Section 39.11(3), Florida Statutes (1979), had the effect of limiting the term of commitment to sixty days since the statute specifies that “[a]ny commitment ... shall not…

  59. G.W.M. v. State 391 So. 2d 738 · 4D79-2603 · 4th DCA 1980

    This opinion cites § 39.11 2 times, the section generally

    …five years and ten months. An adult could have received a maximum sentence for the two crimes involved here of five years and sixty days. Section 39.11(1)(c), Florida Statutes (1979) provides that when a child has been adjudicated to have committed a delinquent act, the court may: (c) Commit the child to the…

  60. G.W.M. v. State 391 So. 2d 738 · DCA79-2603 · District Court of Appeal 1980

    This opinion cites § 39.11 2 times, the section generally

    · cited by 9 in all courts

    …five years and ten months. An adult could have received a maximum sentence for the two crimes involved here of five years and sixty days. Section 39.11(l)(c), Florida Statutes (1979) provides that when a child has been adjudicated to have committed a delinquent act, the court may: (c) Commit the child to the…

  61. J.M.J. v. State 389 So. 2d 1208 · 1D00-48 · 1st DCA 1980

    This opinion cites § 39.11 2 times, the section generally

    …having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly, the delinquent child incurs a stigma very much like that attached to the word "criminal." See State In Interest of M.S., …

  62. J.M.J. v. State 389 So. 2d 1208 · DCA00-48 · District Court of Appeal 1980

    This opinion cites § 39.11 2 times, the section generally

    · cited by 11 in all courts

    …having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(l)(c) with § 39.41(l)(c). Undoubtedly, the delinquent child incurs a stigma very much like that attached to the word “criminal.” See State In Interest of M.S., …

  63. T.W. v. State 338 So. 2d 549 · DCA76-174 · District Court of Appeal 1976

    This opinion cites § 39.11 2 times, the section generally

    · cited by 1 in all courts

    …attacks the order on three points. We find merit in two points. The third point becomes moot through resolution of the other two points. First, Section 39.11(4), Florida Statutes, provides that a juvenile court shall discontinue exercising active control over a child that the court has committed to the Division of…

  64. Gammon v. Cobb 335 So. 2d 261 · SC46616 · Florida Supreme Court 1976

    This opinion cites § 39.11 2 times, the section generally

    · cited by 75 in all courts

    …under the Workmen's Compensation Act not barred by § 742.10, Florida Statutes. By a provision initially enacted in 1955, now appearing as sub-section 39.11(2)(e), Florida Statutes, when any child is adjudicated by the juvenile division of the circuit court to be a dependent child the court has the power to order the…

  65. Division of Family Services v. State 319 So. 2d 72 · 1DX-102 · 1st DCA 1975

    This opinion cites § 39.11 2 times, the section generally

    · cited by 15 in all courts

    …But no such broad grant as is here contended is vested by that chapter. Indeed, appellant sub judice bases its statutory claim to exclusive authority on F.S. 39.11(2)(c), which incorporates F.S. 39.01(9), already above discussed. However, even were we to construe F.S. 39.01(9) as contended by appellant, rather than as above…

  66. State v. Interest of S.M.G. 313 So. 2d 761 · SC45266 · Florida Supreme Court 1975

    This opinion cites § 39.11 2 times, the section generally

    · cited by 9 in all courts

    …conferred upon it by authority of Section 39.02, Florida Statutes. It was held that the only specific provision found granting power over a parent is Section 39.11(2)(b), paragraph 4, Florida Statutes, 1971. Thereunder, where the delinquent child has been removed from the parent's custody, a court is empowered to order the…

  67. In the Interest of G.S. v. State 190 So. 2d 603 · DCA6846 · District Court of Appeal 1966

    This opinion cites § 39.11 2 times, the section generally

    · cited by 2 in all courts

    …from an order of the juvenile court permanently committing three minor children to a licensed child placing agency. The question raised is, does Chapter 39.11(1) (d) Florida Statutes, F.S.A., require the juvenile judge to make and recite in his order specific findings of facts as a prerequisite for permanently removing…

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

    This opinion cites § 39.11 2 times, the section generally

    · cited by 2 in all courts

    …the petition of the department would be granted and the child placed in the permanent care, custody and control of the department for future adoption. See § 39.11(1) (d). Jurisdiction was retained “for the purpose of making any such order or additional Orders in this matter as may be necessary.” It is observed that no…

  69. Ponce v. Children's Home Society of Florida 97 So. 2d 194 · CL7488499 · Florida Supreme Court 1957

    This opinion cites § 39.11 2 times, the section generally

    · cited by 10 in all courts

    …child placing agency. The commitment order retained jurisdiction to make such orders for the welfare of the child as might be found necessary. See Sec. 39.11(2), Florida Statutes 1953, F.S.A. The Society placed the child with the appellants as their agents and employees and paid appellants for taking care of the…

  70. Mitchell v. State 664 So. 2d 1099 · 5D95-360 · 5th DCA 1995

    This opinion cites § 39.11 1 time, the section generally

    · cited by 8 in all courts

    …order at the sentencing hearing, "since counsel at that stage does not know for sure what the written sentence may be and a written order pursuant to section 39.11 may indeed be subsequently filed." Id. at 1016 (citations omitted). That reasoning would not apply in the instant case. Mitchell was represented by…

  71. G.J.V. v. State 637 So. 2d 78 · 2D93-01144 · 2nd DCA 1994

    This opinion cites § 39.11 1 time, the section generally

    …amount or manner to be determined by the court. Compare W.P.J. v. State, 443 So.2d 424 (Fla. 2d DCA 1984) (where version of statute in effect, § 39.11(1)(f), provided restitution sanction as part of community control program only, error to order restitution where child committed to department); see also, C.M.M.…

  72. G.J.V. v. State 637 So. 2d 78 · DCA93-01144 · District Court of Appeal 1994

    This opinion cites § 39.11 1 time, the section generally

    · cited by 5 in all courts

    …amount or manner to be determined by the court. Compare W.P.J. v. State, 443 So.2d 424 (Fla. 2d DCA 1984) (where version of statute in effect, § 39.11(1)®, provided restitution sanction as part of community control program only, error to order restitution where child committed to department); see also, C.M.M.…

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

    This opinion cites § 39.11 1 time, the section generally

    · cited by 12 in all courts

    …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 department. Such…

  74. Department of Health & Rehabilitative Services v. J.T.H. 595 So. 2d 211 · DCA90-1749-2 · District Court of Appeal 1992

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …but no order was rendered. Accordingly, we are compelled to reverse the order appealed because the court had no power to commit J.T.H. pursuant to sections 39.11(1) and 39.053(3) unless it adjudicated J.T.H. a delinquent. On remand the successor judge may in his discretion adjudicate J.T.H. delinquent and enter an…

  75. Department of Health & Rehabilitative Services v. J.T.H. 586 So. 2d 516 · DCA90-1749 · District Court of Appeal 1991

    This opinion cites § 39.11 1 time, the section generally

    …to the trial court to clarify whether J.T.H. has been adjudicated a delinquent. If so, the court is empowered to commit the child to HRS pursuant to section 39.11(1); Florida Statutes (1989) and section 39.053(3), Florida Statutes (Supp.1990). 1 The court’s order required HRS to place J.T.H. in a long-term inpatient…

  76. Stanley v. State 582 So. 2d 140 · DCA90-1570 · District Court of Appeal 1991

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …protection of the public and the likelihood of reasonable rehabilitation of the child if he is assigned to juvenile services and facilities. . Section 39.11 l(7)(d) provides: (d) Any decision to impose adult sanctions shall be in writing, and it shall be in conformity with each of the above criteria. The court…

  77. In the Interest of J.T.R. v. State 576 So. 2d 393 · DCA90-1469 · District Court of Appeal 1991

    This opinion cites § 39.11 1 time, the section generally

    …attempted to take deer at night in violation of the statute, but we reverse the imposition of an indeterminate term of community control. See Sections 39.11(l)(a)l. and (4) and 775.-082(4)(a), Florida Statutes (1987); J.S. v. State, 552 So.2d 327 (Fla. 1st DCA 1989). AFFIRMED in part, REVERSED in part, and…

  78. Interest of R.D. v. State 564 So. 2d 590 · DCA90-220 · District Court of Appeal 1990

    This opinion cites § 39.11 1 time, the section generally

    · cited by 3 in all courts

    …of the offense of criminal mischief, a second degree misdemeanor, the maximum statutorily authorized period of community control was sixty days. Section 39.11, Florida Statutes (1989) and J.S. v. State, 552 So.2d 327 (Fla. 1st DCA 1989). Accordingly, the appealed order is affirmed, except as to the duration of…

  79. G.R. v. State 564 So. 2d 207 · DCA89-2560 · District Court of Appeal 1990

    This opinion cites § 39.11 1 time, the section generally

    · cited by 1 in all courts

    …on these checks and suffered no loss thereon. Obviously, then, the subject order of restitution cannot stand as restitution cannot be ordered under Section 39.11(l)(f), Florida Statutes (1989) where, as here, there has been no loss sustained by anyone. The juvenile delinquency adjudication and dispositional order under…

  80. In the Interest of J.W. v. State 559 So. 2d 751 · DCA89-750 · District Court of Appeal 1990

    This opinion cites § 39.11 1 time, the section generally

    · cited by 1 in all courts

    …ability to make restitution, and because the trial court left the amount of restitution and the manner of payment up to the parties and counselors. See § 39.11(l)(a)l., Fla.Stat. (1989); see also O.L. v. State, 497 So.2d 971 (Fla. 3d DCA 1986); W.R. v. State, 462 So.2d 856 (Fla. 1st DCA 1985); T.W. v. State, …

  81. S.N.D. v. State 551 So. 2d 604 · DCA89-00732 · District Court of Appeal 1989

    This opinion cites § 39.11 1 time, the section generally

    …only in an unsigned document described by the clerk as “minutes of disposition hearing.” There is no order in the record meeting the requirements of section 39.11(1), Florida Statutes (1987), and imposing the sanction of driver’s license suspension. Since the sanction of which the appellant complains has not been…

  82. R.F. v. State 549 So. 2d 1169 · 4D89-0375 · 4th DCA 1989

    This opinion cites § 39.11 1 time, the section generally

    …on restitution awarding Marjorie Lois Geprich the sum of $15,000 to be paid by the appellant. In the instant case, contrary to the requirements of section 39.11(1)(a)1, Florida Statute (1987), there was no determination by the court that the amount of restitution ordered by the court was an amount the child could reasonably…

  83. R.F. v. State 549 So. 2d 1169 · DCA89-0375 · District Court of Appeal 1989

    This opinion cites § 39.11 1 time, the section generally

    · cited by 4 in all courts

    …on restitution awarding Marjorie Lois Geprich the sum of $15,000 to be paid by the appellant. In the instant case, contrary to the requirements of section 39.11(l)(a)l, Florida Statute (1987), there was no determination by the court that the amount of restitution ordered by the court was an amount the child could reasonably…

  84. C.M.M. v. State 545 So. 2d 917 · 2D88-01870 · 2nd DCA 1989

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …a legislative change in the law which allows the trial court to include payment of restitution as an aspect of its commitment of a child to HRS. Section 39.11(1) Florida Statutes (1987), provides in part: (f) As part of the community control program to be implemented by the department, or, in the case of a committed…

  85. Glee v. State 539 So. 2d 14 · DCA87-2321 · District Court of Appeal 1989

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …failed to retain jurisdiction to order restitution. We further find that the trial court erred in sentencing Glee as an adult without complying with section 39.11, Florida Statutes (Supp.1986). AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR PROCEEDINGS CONSISTENT HEREWITH. HERSEY, C.J., and ANSTEAD and WALDEN,…

  86. M.E.I. v. State 525 So. 2d 467 · DCA87-1283 · District Court of Appeal 1988

    This opinion cites § 39.11 1 time, the section generally

    · cited by 5 in all courts

    …arguments by appellants’ attorney that some of the property was apparently returned and is in the possession of the insurance company. In that regard, section 39.11(l)(f), Florida Statutes (1987), provides only that the child make restitution “for the damage or loss caused by his offense ...” (emphasis added). See K.M.C. v.…

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

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …As a minor, none of the dispositional alternatives upon an adjudication of delinquency include death or imprisonment in a state penitentiary. See § 39.11, Fla.Stat. (1985). Therefore (the argument goes), even if the act committed by a minor would have been a felony if committed by an adult, when committed by a…

  88. Meredith v. Smith 515 So. 2d 1386 · DCA87-392 · District Court of Appeal 1987

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …this Court herein places temporary legal custody of DENISE MARIE MEREDITH with JAMES SMITH and DOROTHY SMITH, until further order of this Court. Section 39.11 deals with delinquency proceedings, and the trial court was most probably referring to section 39.41, which deals with dependency proceedings.

  89. Department of Health & Rehabilitative Services v. INA Insurance Co. 503 So. 2d 986 · DCA86-1256 · District Court of Appeal 1987

    This opinion cites § 39.11 1 time, the section generally

    · cited by 1 in all courts

    …delinquent act, then we point out that the only statutory provision which requires anyone to pay restitution on account of a child’s misbehavior is section 39.11(1)(g), Florida Statutes (1985), and that only pertains to parents. No appeal by the child of any other portion of the order is before us so we reverse only…

  90. T.S.W. v. State 489 So. 2d 1146 · 2D85-1660 · 2nd DCA 1986

    This opinion cites § 39.11 1 time, the section generally

    …for an indefinite period of time. The court cannot *1148 order community control for a period longer than the sentence which could have been imposed. § 39.11(1)(a)1, Fla. Stat. (1985); J.D.B. v. State, 463 So.2d 486 (Fla. 2d DCA 1985). The maximum term of imprisonment for the offense involved here is one year. §…

  91. T.S.W. v. State 489 So. 2d 1146 · DCA85-1660 · District Court of Appeal 1986

    This opinion cites § 39.11 1 time, the section generally

    · cited by 8 in all courts

    …for an indefinite period of time. The court cannot *1148 order community control for a period longer than the sentence which could have been imposed. § 39.11(l)(a)l, Fla.Stat. (1985); J.D.B. v. State, 463 So.2d 486 (Fla. 2d DCA 1985). The maximum term of imprisonment for the offense involved here is one year. §…

  92. Jones v. State 480 So. 2d 163 · 1DBE-223 · 1st DCA 1985

    This opinion cites § 39.11 1 time, the section generally

    · cited by 9 in all courts

    …The juvenile argued that restitution for damages to the boat was improper because the damages were not "caused by his offense" as required by section 39.11(1)(g), Florida Statutes (1983). The Second District disagreed, holding that "[i]n our view, the words `caused by his offense' ... do not mean that the offense…

  93. Dykes v. Hosemann 776 F.2d 942 · CA11-83-3347-2 · 11th Cir. 1985

    Affirmed This opinion cites § 39.11 1 time, the section generally

    · cited by 112 in all courts

    En banc court held a juvenile judge who declared a child dependent without serving the mother has absolute judicial immunity from section 1983 damages because he had subject matter jurisdiction.

    …order was subject to modification or vacation (if, for example, Diana, after learning of the order's entry appeared to contest it), see Fla.Stat. Sec. 39.11(3) (1977), or reversal on appeal, see Fla.Stat. Sec. 39.14(1) (1977). 30 Appellants might argue that Parratt does not foreclose their…

  94. State v. C.C.B. 465 So. 2d 1379 · 5D84-645 · 5th DCA 1985

    This opinion cites § 39.11 1 time, the section generally

    · cited by 8 in all courts

    …places the prosecutorial discretion in the state attorney. The powers of adjudication and disposition are vested in the court. Sections 39.10(1), (2); 39.11, Florida Statutes (1983). Prosecution of a juvenile may be deferred where a plan of proposed treatment, training or conduct is presented in lieu of a plea,…

  95. W.R. v. State 462 So. 2d 856 · 1DAY-151 · 1st DCA 1985

    This opinion cites § 39.11 1 time, the section generally

    …argue that the court erred in concluding that appellants' mothers possessed the financial ability to make restitution. When restitution is ordered, Section 39.11(1)(a)1, Florida Statutes, mandates that "the amount of restitution shall not be greater than an amount the child and his parents could reasonably be expected to…

  96. W.R. v. State 462 So. 2d 856 · DCAAY-151 · District Court of Appeal 1985

    This opinion cites § 39.11 1 time, the section generally

    · cited by 7 in all courts

    …argue that the court erred in concluding that appellants’ mothers possessed the financial ability to make restitution. When restitution is ordered, Section 39.11(l)(a)l, Florida Statutes, mandates that “the amount of restitution shall not be greater than an amount the child and his parents could reasonably be expected to…

  97. In the Interest of T.D.B. v. Kirk 468 So. 2d 234 · 5D84-1140 · 5th DCA 1984

    This opinion cites § 39.11 1 time, the section generally

    · cited by 1 in all courts

    …hearing. Clearly a trial court has jurisdiction to enter a dispositional order following an adjudication of delinquency. See, section 39.-09(3) and section 39.11, Florida Statutes (1983), and Florida Rule of Juvenile Procedure 8.190(i) and 8.200. The adjudicatory order has not been appealed and is presumptively valid.…

  98. A.O. v. State 456 So. 2d 1173 · SC63974 · Florida Supreme Court 1984

    This opinion cites § 39.11 1 time, the section generally

    …having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly, the delinquent child incurs a stigma very much like that attached to the word "criminal." See State In Interest of M.S., …

  99. A.O. v. State 456 So. 2d 1173 · SC63974-2 · Florida Supreme Court 1984

    This opinion cites § 39.11 1 time, the section generally

    · cited by 6 in all courts

    …having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(l)(c) with § 39.-41(l)(c). Undoubtedly, the delinquent child incurs a stigma very much like that attached to the word “criminal.” See State In Interest of M.S., …

  100. State v. C.C. 449 So. 2d 280 · 3D81-2564 · 3rd DCA 1983

    This opinion cites § 39.11 1 time, the section generally

    …criminal cases, Secs. 924.02, 924.05, Fla. Stat. (1981) do not apply to juvenile proceedings. State v. D.H., 340 So.2d 1163 (Fla. 1976); compare Sec. 39.11 with Sec. 775.08, Fla. Stat. (1981). [4] Contrary to the suggestion in State v. D.C.W., 426 So.2d 970, n. 1 (Fla. 4th DCA 1982), I think it obvious…

  101. Dunlap v. State 433 So. 2d 631 · DCAAN-192 · District Court of Appeal 1983

    This opinion cites § 39.11 1 time, the section generally

    · cited by 3 in all courts

    …expressly provides that the juvenile’s commitment “shall not exceed the maximum term of imprisonment which an adult may serve for the same offense.” See § 39.11(3). The present case does not involve that statute. Dunlap was sentenced as a youthful offender pursuant to Chapter 958, Florida Statutes, which expressly…

  102. Fruh v. Department of Health & Rehabilitative Services 430 So. 2d 581 · 5D83-1 · 5th DCA 1983

    This opinion cites § 39.11 1 time, the section generally

    · cited by 14 in all courts

    … Some ten years after D.A.W. was decided, the Legislature amended chapter 39 by, among other changes, adding a new subsection to what was then section 39.11. This subsection provides as follows: In carrying out the provisions of this chapter, the court may order the natural parents or legal guardian of a child…

  103. State v. C.C. 449 So. 2d 280 · 5D81-2564 · 5th DCA 1983

    This opinion cites § 39.11 1 time, the section generally

    · cited by 32 in all courts

    … criminal cases, Secs. 924.02, 924.05, Fla.Stat. (1981) do not apply to juvenile proceedings. State v. D.H., 340 So.2d 1163 (Fla.1976); compare Sec. 39.11 with Sec. 775.08, Fla.Stat. (1981). . Contrary to the suggestion in State v. D.C.W., 426 So.2d 970, n. 1 (Fla. 4th DCA 1982), I think it obvious…

  104. P.L.W. v. State 428 So. 2d 699 · DCAAL-353 · District Court of Appeal 1983

    This opinion cites § 39.11 1 time, the section generally

    …adjudication. The term of commitment for a delinquent act shall be until a child is released by HRS or reaches nineteen (19) years of age. Section 39.11(l)(c), Florida Statutes (1981). After having been released from the Youth Services Program by HRS, P.L.W.’s term of commitment was completed and the earlier…

  105. G.E.G. v. State 417 So. 2d 975 · SC59948 · Florida Supreme Court 1982

    This opinion cites § 39.11 1 time, the section generally

    …impose. The state counters that we should remand for clarification of this inconsistent commitment order. The trial judge obviously was aware that section 39.11(3), Florida Statutes (Supp. 1978), did not become effective until October 1, 1978, thirty-three days after petitioner's commitment order. The amended statute…

  106. G.H. v. State 414 So. 2d 1135 · 1DAH-253 · 1st DCA 1982

    This opinion cites § 39.11 1 time, the section generally

    …would be inclined to agree with the defendant's argument that restitution could not be predicated upon the charge of leaving the scene of an accident. Section 39.11(1)(g), Florida Statutes (1981), provides that the circuit court may, among other things, "order the child or parent to make restitution for the damage or loss…

  107. G.H. v. State 414 So. 2d 1135 · DCAAH-253 · District Court of Appeal 1982

    This opinion cites § 39.11 1 time, the section generally

    · cited by 11 in all courts

    …would be inclined to agree with the defendant’s argument that restitution could not be predicated upon the charge of leaving the scene of an accident. Section 39.11(lXg), Florida Statutes (1981), provides that the circuit court may, among other things, “order the child or parent to make restitution for the damage or loss…

  108. In Interest of C.M.H. 413 So. 2d 418 · 1DAE-88 · 1st DCA 1982

    This opinion cites § 39.11 1 time, the section generally

    · cited by 22 in all courts

    …and joinder executed by the mother. The opinion states "the findings of the trial court that abandonment occurred under Section 39.41(1)(d) and 39.01(1) or 39.11(1)(d) are supported by clear and convincing evidence." Citing Estate of C.K.G., 365 So.2d 424 (Fla. 2d DCA 1978). Comment: There must have been an…

  109. B.D. v. State 412 So. 2d 70 · 1DAG-423 · 1st DCA 1982

    This opinion cites § 39.11 1 time, the section generally

    …DCA 1981), and State v. Fields, 390 So.2d 128 (Fla. 4th DCA 1980), or to certify the alleged conflict as the state has requested we do. Under Section 39.11(3), Florida Statutes, the maximum term of commitment cannot exceed the term of imprisonment of an adult convicted of the same offense. The offense of trespass of…

  110. B.D. v. State 412 So. 2d 70 · 4DAG-423 · 4th DCA 1982

    This opinion cites § 39.11 1 time, the section generally

    · cited by 13 in all courts

    …DCA 1981), and State v. Fields, 390 So.2d 128 (Fla. 4th DCA 1980), or to certify the alleged conflict as the state has requested we do. Under Section 39.11(3), Florida Statutes, the maximum term of commitment cannot exceed the term of imprisonment of an adult convicted of the same offense. The offense of trespass of…

  111. In the Interest of S.M. v. McCormack 398 So. 2d 511 · DCA81-442 · District Court of Appeal 1981

    This opinion cites § 39.11 1 time, the section generally

    …department [of Health and Rehabilitation] in a training school, halfway house, or other residential program of the department.” (Emphasis added.) Section 39.11(l)(a), Florida Statutes (1979), provides as follows: “Powers of disposition (1) When any child shall be adjudicated by the court to have committed a delinquent…

  112. D.W.J. v. State 397 So. 2d 722 · DCAUU-2 · District Court of Appeal 1981

    This opinion cites § 39.11 1 time, the section generally

    · cited by 3 in all courts

    …concluded that such authority does not exist. We affirm. Resolution of the issue presented involves a question of the statutory interpretation of Section 39.11, Florida Statutes (1979), which provides, in pertinent part, the following: (1) When any child shall be adjudicated by the court to have committed a…

  113. Solomon v. McLucas 382 So. 2d 339 · 2D79-769 · 2nd DCA 1980

    This opinion cites § 39.11 1 time, the section generally

    · cited by 26 in all courts

    …Services or a licensed child placing agency willing to receive the child for subsequent adoption. The grounds for such a commitment as stated in § 39.11(1)(b), Fla. Stat. (1977) were changed by the legislature in 1978 and are now stated in § 39.41(1)(d), Fla. Stat. (Supp. 1978). One ground for commitment is a…

  114. R.J.K. v. State 375 So. 2d 871 · 1DOO-493 · 1st DCA 1979

    This opinion cites § 39.11 1 time, the section generally

    …cited. This cause is remanded to the trial court for the entry of an amended order of adjudication and commitment pursuant to the requirements of Section 39.11(1)(c), Florida Statutes (Supp. 1978). McCORD, Acting C.J., and SHIVERS, J., concur.

  115. R.J.K. v. State 375 So. 2d 871 · DCAOO-493 · District Court of Appeal 1979

    This opinion cites § 39.11 1 time, the section generally

    · cited by 7 in all courts

    …cited. This cause is remanded to the trial court for the entry of an amended order of adjudication and commitment pursuant to the requirements of Section 39.11(l)(e), Florida Statutes (Supp.1978). McCORD, Acting C. J., and SHIVERS, J., concur.

  116. In re C.K.G. 365 So. 2d 424 · 2D78-1622 · 2nd DCA 1978

    This opinion cites § 39.11 1 time, the section generally

    · cited by 5 in all courts

    … 111 So.2d 468 (Fla. 2d DCA 1959); In re De Walt's Adoption, 101 So.2d 915 (Fla. 2d DCA 1958). Since the end result of proceedings under Section 39.11(d), Florida Statutes (1977), is the permanent severance of parental custody, the same standard should apply. Cf. Kersey v. State, 124 So.2d 726 (Fla. 1st…

  117. Harmon v. Department of Health & Rehabilitative Services 364 So. 2d 788 · DCAJJ-62 · District Court of Appeal 1978

    This opinion cites § 39.11 1 time, the section generally

    · cited by 4 in all courts

    …197 (Fla. 3d DCA 1977). The record before us contains substantial competent evidence that the dependency adjudication meets the requirements of Section 39.11, Florida Statutes (1977). The order appealed from is AFFIRMED. ERVIN and BOOTH, JJ., concur. . Rule 9.200(b)(3), Fla.R.App.P., which took effect after…

  118. J.N.W. v. State 361 So. 2d 826 · 1DII-471 · 1st DCA 1978

    This opinion cites § 39.11 1 time, the section generally

    …that this is not such a case. There was no error in the order for restitution prior to release of appellant by the Division of Youth Services. Section 39.11(2)(f), Florida Statutes (1977). AFFIRMED. ERVIN and BOOTH, JJ., concur.

  119. Thompson v. Department of Health & Rehabilitative Services 353 So. 2d 197 · 3D77-987 · 3rd DCA 1977

    This opinion cites § 39.11 1 time, the section generally

    · cited by 5 in all courts

    …of permanent commitment when it was entered in 1974. The sole question on appeal is whether the trial court correctly construed the provisions of Section 39.11(6), Florida Statutes (Supp. 1977). This section provides, in pertinent parts, that a permanent order of commitment "shall permanently deprive the parents ...…

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

    This opinion cites § 39.11 1 time, the section generally

    · cited by 4 in all courts

    …or a licensed child placing agency willing to receive the child for subsequent adoption. COMMITTEE NOTE The service provided by law is set out in § 39.11(6), Fla.Stat. (1975). IX. CONTEMPT RULE 8.270. DIRECT CONTEMPT A contempt may be punished summarily if the court saw or heard the conduct constituting the…

  121. M.W.B. v. State 335 So. 2d 10 · DCAB-145 · District Court of Appeal 1976

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …at the time of the entry of the pleas of nolo contendere and orders of commitment, this Court must resolve the issues on a jurisdictional basis. 2 F.S. 39.11(4) provides that “any commitment to the Division of Youth Services shall be for an indeterminate period of time * * * ” Therefore, any order of commitment which…

  122. Division of Family Services v. S.R. 328 So. 2d 270 · 1DX-453 · 1st DCA 1976

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …the filing of a future petition and to restrict the placement of the children. The Division is not precluded from filing a future petition, because Section 39.11(4), Florida Statutes, provides that an order such as the one before us may be modified or set aside. It is well established that orders pertaining to the welfare…

  123. F.B. v. State 319 So. 2d 77 · 1DX-39 · 1st DCA 1975

    This opinion cites § 39.11 1 time, the section generally

    …Family Services v. State of Florida, supra, is equally applicable here. In that case the appellant based its statutory claim to exclusive authority on F.S. 39.11(2)(c), which incorporated F.S. 39.01(9). We there held that a careful reading of that provision, in context with the rest of the chapter, clearly reveals that it…

  124. Potvin v. Keller 313 So. 2d 703 · SC46258 · Florida Supreme Court 1975

    This opinion cites § 39.11 1 time, the section generally

    · cited by 26 in all courts

    … 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967). It correctly reflects Florida law, however, with respect to dependency proceedings under section 39.11(2) (a), Fla. Stat., as we now hold and as previously opined by the Attorney General. See Opin. Fla.Atty.Gen. 072-57(2/29/72). [5] The right to counsel exists…

  125. In re Smith 299 So. 2d 127 · 3D73-1502 · 3rd DCA 1974

    This opinion cites § 39.11 1 time, the section generally

    · cited by 1 in all courts

    …order which is now appealed. In finding that the twins should be permanently committed, the court tracked two of the statutory grounds found in Fla. Stat. § 39.11 (2) (d), to-wit: the parents had "substantially, continuously and repeatedly refused to give the captioned children parental care and protection; have…

  126. In re R.J.C. 300 So. 2d 54 · 1DU-338 · 1st DCA 1974

    This opinion cites § 39.11 1 time, the section generally

    …Legislature's concept of what would, in most cases, be in the best interest of children brought to the attention of the courts. First, we note that the new § 39.11(2)(d) provides that when a child is adjudicated to be a dependent child, the court has the power to permanently commit the child to a licensed child placing agency…

  127. In re Interest of R.J.C. 300 So. 2d 54 · DCAU-338 · District Court of Appeal 1974

    This opinion cites § 39.11 1 time, the section generally

    · cited by 121 in all courts

    …Legislature’s concept of what would, in most cases, be in the best interest of children brought to the attention of the courts. First, we note that the new § 39.11(2) (d) provides that when a child is adjudicated to be a dependent child, the court has the power to permanently commit the child to a licensed child placing…

  128. In re S.M.G. 291 So. 2d 43 · 4D73-651 · 4th DCA 1974

    This opinion cites § 39.11 1 time, the section generally

    …Section 39.02, supra, with reference to the issue. The only instance and provision that can be found granting specific power over a parent is F.S. Section 39.11(2)(b), par. 4, F.S.A. 1971. Thereunder where the delinquent child has been removed from the parent's custody, a court is empowered to order the parents to pay the…

  129. Provost v. State 291 So. 2d 43 · DCA73-651 · District Court of Appeal 1974

    This opinion cites § 39.11 1 time, the section generally

    · cited by 1 in all courts

    …Section 39.02, supra, with reference to the issue. The only instance and provision that can be found granting specific power over a parent is F.S. Section 39.11 (2) (b), par. 4, F.S. A. 1971. Thereunder where the delinquent child has been removed from the parent’s custody, a court is empowered to order the parents to…

  130. F. v. Duval County 273 So. 2d 15 · 1DP-371 · 1st DCA 1973

    This opinion cites § 39.11 1 time, the section generally

    · cited by 10 in all courts

    …E., Associate Judge, concur. NOTES [1] F.S. Chapter 232, F.S.A. [2] F.S. § 232.01(1)(a), (b), F.S.A. [3] F.S. § 39.01(12) (a), F.S.A. [4] F.S. § 39.11(1), F.S.A. [5] F.S. § 232.02, F.S.A. [6] 20 Fla.Jur. 198, Juvenile Courts, § 13. [7] Wisconsin v. Yoder, 406 U.S. 205 , 92 S.Ct. 1526 , 32…

  131. In re V.D. 245 So. 2d 273 · 4D70-113 · 4th DCA 1971

    This opinion cites § 39.11 1 time, the section generally

    …may be accorded the juvenile under the latter as distinguished from the rigid fine or imprisonment usually available under the former. See F.S. 1969, section 39.11, F.S.A. Because of the important differences between a proceeding under the state criminal laws and a proceeding under the Juvenile Court statute, F.S. 1969,…

  132. In re V.D. 245 So. 2d 273 · DCA70-113 · District Court of Appeal 1971

    This opinion cites § 39.11 1 time, the section generally

    · cited by 6 in all courts

    …may be accorded the juvenile under the latter as distinguished from the rigid fine or imprisonment usually available under the former. See F.S. 1969, section 39.11, F.S.A. Because of the important differences between a proceeding under the state criminal laws and a proceeding under the Juvenile Court statute, F.S.1969,…

  133. In re G.K.L. 194 So. 2d 36 · DCA66-954 · District Court of Appeal 1967

    This opinion cites § 39.11 1 time, the section generally

    …to apply for an order of the Juvenile Court terminating its jurisdiction upon a change of circumstances subsequent to the order appealed. See Fla.Stat.1965, § 39.11(6), F.S.A. Affirmed.

  134. State ex rel. Singleton v. Walters 158 So. 2d 513 · SC33040 · Florida Supreme Court 1963

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …who are presently in the custody of the respondents Walters and McPherson, subject to the jurisdiction of the Juvenile Court of St. Johns County. Section 39.11(3), Florida Statutes, F.S.A. The background of the controversy is epitomized in the opinion of the District Court of Appeal, First District, in A. N. E. et al.…

  135. A.N.E. v. State 156 So. 2d 525 · 1DE-318-E-321 · 1st DCA 1963

    This opinion cites § 39.11 1 time, the section generally

    …said opinion and judgment are compatible with the provisions of Chapter 39, Florida Statutes, F.S.A., relating to the juvenile courts of our state. Section 39.11 provides that, when a child has been adjudicatd a dependent or delinquent child by a juvenile court, the court shall have power, by order, to place the child,…

  136. A.N.E. v. State 156 So. 2d 525 · DCAE-318-E-321 · District Court of Appeal 1963

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …said opinion and judgment are compatible with the provisions of Chapter 39, Florida Statutes, F.S.A., relating to the juvenile courts of our state. Section 39.11 provides that, when a child has been adjudicatd a dependent or delinquent child by a juvenile court, the court shall have power, by order, to place the child,…

  137. Perdue v. Perdue 155 So. 2d 665 · DCAE-131 · District Court of Appeal 1963

    This opinion cites § 39.11 1 time, the section generally

    · cited by 2 in all courts

    …a petition for adoption of such child until the juvenile court has made a permanent commitment of the child to a licensed placement agency pursuant to Sec. 39.11, or otherwise relinquished jurisdiction. “The circuit court was in error in holding it did not have jurisdiction, but the result reached in dismissing the…

  138. Sheiner v. State 82 So. 2d 657 · CL1786595 · Florida Supreme Court 1955

    This opinion cites § 39.11 1 time, the section generally

    · cited by 14 in all courts

    …with the rules becomes a member of The Florida Bar and an officer of the Court, and submits himself to such rules and discipline of the Court. Section 39.11 F.S.A. The judiciary is one of the three departments of government. The very government under which we live depends upon the Constitution and the judiciary,…

0 admin code rules cite § 39.11

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