JUVENILE DELINQUENCY BENCHBOOK

JUVENILE

DELINQUENCY

BENCHBOOK

Florida

June 2021

Office of the State Courts Administrator

This project was supported by Grant No. RCC 500, awarded by Office of

Juvenile Justice and Delinquency Prevention, Office of Justice Programs,

U.S. Department of Justice. Points of view in this document are those of

the author and do not necessarily represent the official position or

policies of the funding agency and/or entity.

INTRODUCTION

Education enhances the knowledge and skills of the judiciary and

therefore contributes to the administration of justice. To further assist in the

administration of justice, the Office of the State Courts Administrator, Office of

Court Improvement, has developed this benchbook to address juvenile

delinquency in Florida. The benchbook was developed to assist both new and

experienced judges in Florida who are assigned to hear juvenile delinquency

cases.

The benchbook is organized into a ‘General Topics’ section followed by

chapters corresponding with the juvenile delinquency hearings provided for in

Chapter 985. Each hearing chapter also has a corresponding hearing

benchcard. The General Topics section introduces many important ancillary

issues that will be encountered by the court. The citations in this benchbook

have been abbreviated to improve text flow. For example, a citation to section

985.01, Florida Statutes, will appear as § 985.01 and a citation to the Florida

Rules of Juvenile Procedure 8.000 will appear as Rule 8.000.

Our office intends to update and supplement this book periodically.

Accordingly, we invite suggestions regarding topics that need more detailed

treatment and ways that this publication can be made more useful to judges

hearing delinquency cases. Please provide comments and suggestions to

Kathleen Tailer in the Office of Court Improvement, Supreme Court Building,

500 South Duval Street, Tallahassee, Florida, 32399-1900,

[email protected], or (850) 922-9337.

Upon request by a qualified individual with a disability, this document will be

made available in alternate formats. To order this document in an alternate

format, please contact the Office of Court Improvement, Supreme Court

Building, 500 South Duval Street, Tallahassee, Florida, 32399-1900. Phone:

850.414.1507.

 
 
 
 
 
2021 JUVENILE DELINQUENCY BENCHBOOK 
 
Table of Contents 
Introduction .................................................................................... i 
Acknowledgements ......................................................................... ii 
Delinquency Case Flow Chart ......................................................... xi 
Overview of the Florida Juvenile Delinquency Process .................... 1 
Common Acronyms ......................................................................... 3 
 
Delinquency Hearings 
Detention Hearing at a Glance ........................................................ 4 
Detention Hearing Benchcard ......................................................... 6 
Detention Hearing Outline .............................................................. 9 
Arraignment Hearing at a Glance .................................................. 17 
Arraignment Hearing Benchcard ................................................... 19 
Arraignment Hearing Outline ........................................................ 22 
Adjudicatory Hearing at a Glance .................................................. 31 
Adjudicatory Hearing Benchcard ................................................... 32 
Adjudicatory Hearing Outline ........................................................ 35 
Disposition Hearing at a Glance .................................................... 45 
Disposition Hearing Benchcard ..................................................... 46 
Disposition Hearing Outline .......................................................... 49 
Violation of Probation Hearing at a Glance .................................... 60 
Violation of Probation Hearing Benchcard ..................................... 61 
Violation of Probation Hearing Outline .......................................... 63 
Contempt of Court Hearing at a Glance ......................................... 70 
Contempt of Court Hearing Benchcard .......................................... 71 
Contempt of Court Hearing Outline ............................................... 74 
Waiver of Jurisdiction Hearing at a Glance .................................... 83 
Waiver of Jurisdiction Hearing Benchcard ..................................... 84 
Waiver of Jurisdiction Hearing Outline .......................................... 86 
Restitution Hearing at a Glance .................................................... 92 
Restitution Hearing Benchcard ..................................................... 93 
Restitution Hearting Outline ......................................................... 95 

 
 
Competency Hearing at a Glance ................................................. 101 
Competency Hearing Benchcard .................................................. 102 
Competency Hearing Outline ...................................................... 104 
Correction of Orders Hearing at a Glance .................................... 112 
Correction of Orders Hearing Benchcard ..................................... 113 
Correction of Orders Hearing Outline .......................................... 115 
 
General Topics 
Appeals ....................................................................................... 120 
Authority of Court over Parents .................................................. 123 
Child Adjudicated Not Guilty by Reason of Insanity .................... 126 
Cmmitments to DJJ .................................................................... 128 
Conditional Release and Post-Commitment Probation ................. 130 
Confidentiality ............................................................................ 133 
Cost of Court, Care, and Supervision ........................................... 135 
Delinquency/Dependency Crossover Cases .................................. 138 
Departing from DJJ Guidelines ................................................... 146 
Detention Criteria ....................................................................... 148 
The Detention Risk Assessment Instrument (DRAI)……..…………..152 
Delinquency, Youth and Drugs………………………………………………158 
Discovery .................................................................................... 161 
Diversionary Programs ................................................................ 169 
Domestic Violence Issues ............................................................ 174 
Common Evidence Issues ............................................................ 185 
Immigration Issues ..................................................................... 189 
Interpreters for Foreign Languages .............................................. 191 
Interstate Compact ..................................................................... 196 
Jurisdiction in Delinquency Proceedings ..................................... 198 
Juvenile Assessment Center ........................................................ 200 
Juvenile Sex Offenders and The Adam Walsh Act ........................ 202 
Medicaid/Medicare Eligibility for Services upon Release ............. 206 
Restitution ................................................................................. 207 
Service of Process ....................................................................... 208 
Speedy Trial ................................................................................ 209 
Transfer to Adult Court ............................................................... 211 
Unified Family Court – Model Family Court ................................. 215 
 
   
Appendices 
Appendix 1 - Facilitating Pro Se Litigants with Remote Appearance 
Technology 

OVERVIEW OF THE FLORIDA JUVENILE DELINQUENCY

PROCESS

The juvenile delinquency process in Florida is governed primarily by Chapter

985, Florida Statutes. The circuit courts have exclusive original jurisdiction

over proceedings in which a child is alleged to have committed a delinquent act

or violation of law. A child is defined as someone less than 18 years of age. The

Florida Department of Juvenile Justice (DJJ) is the agency charged with

administering the juvenile justice system in Florida. A child may be taken into

custody by a law enforcement officer:

• Pursuant to an order of the court, based upon sworn testimony, either

before or after a petition is filed,

• For a delinquent act or violation of law,

• For failing to appear at a court hearing after being properly noticed, or

• If the child is in violation of the conditions of the child’s probation,

supervised release nonsecure detention, post-commitment probation, or

conditional release supervision; has absconded from nonresidential

commitment; or has escaped from residential commitment. § 985.101(1).

DJJ makes recommendations to the state attorney, who then decides whether

to proceed judicially or non-judicially. Generally, children that are charged by

law enforcement with delinquent acts or violations of law are taken to a

juvenile assessment center (JAC) for intake screening and to assess whether

some type of detention is necessary. In counties that do not have an

assessment center, the law enforcement officer calls a DJJ “on-call screener” to

assess the juvenile’s risk and determine if detention is necessary. If detention

is necessary, the child will be delivered to the nearest JAC or DJJ facility. With

some minor offenses, law enforcement may release the child to a parent or

guardian and forward the charges to the local clerk of court and DJJ Probation

Office.

Intake and Referral

When a child is turned over to DJJ, or an on-call screener is contacted, a

juvenile probation officer (JPO) gathers information and reviews the case. As

part of the intake process, the JPO completes a standardized Detention Risk

Assessment Instrument (DRAI). DJJ makes the initial determination as to

whether to release or detain the child based upon a risk assessment that

includes the results of the DRAI.

Detention Hearing

If DJJ decides to detain the child, § 985.26 requires a detention hearing before

the circuit court within 24 hours of being taken into custody. This hearing is

analogous to the first appearance hearing in criminal law. The court must

determine whether there is probable cause that the child committed a

delinquent act or violation of law and whether further detention is necessary. A

court cannot further detain a child unless the court finds the statutory criteria

set forth in § 985.255 are met. The child is then released or retained in

detention pending further proceedings. A child cannot be detained in excess of

21 days without the commencement of an adjudicatory hearing unless an

extension for good cause is shown. Some serious offenders can be held in

secure detention for up to 30 days. § 985.26(2).

Delinquency Petition

If the State Attorney decides to proceed judicially, a delinquency petition will be

filed. If the State Attorney decides to proceed non-judicially, the child will be

placed into a diversionary program agreed upon by all parties. If the child

successfully completes the agreed upon program, the delinquency case is

dismissed.

Arraignment Hearing

If a delinquency petition is filed, the next step is an arraignment hearing where

the child enters a plea of not guilty, guilty, or nolo contendere. The case then

proceeds to either an adjudicatory hearing if the plea was not guilty or a

disposition hearing if the plea was either guilty or nolo contendere.

Adjudicatory Hearing

At an adjudicatory hearing, the court must decide whether the child committed

a delinquent act or violation of law. The adjudicatory hearing is analogous to

the trial in criminal law. If it is found that a delinquent act was committed, the

court can withhold adjudication or adjudicate the child delinquent, whereby

the case proceeds to disposition.

Disposition Hearing

The disposition hearing is analogous to sentencing. The disposition hearing can

immediately follow the adjudication or can be scheduled for a later date

depending on whether a predisposition report (PDR) was prepared by DJJ. DJJ

submits a predisposition report that contains their recommendations as to how

the case should be disposed. The court can deviate from DJJ’s

recommendations but must make the appropriate written findings in the

disposition order. Following any commitment, offenders can be placed on post-

commitment supervision such as probation and/or conditional release.

Common Acronyms

ACE Adverse Childhood Experience

ADA Americans with Disabilities Act

ADR Alternative Dispute Resolution

APD Agency for Persons with Disabilities

AHCA Agency for Health Care Administration

CINS/FINS Children in Need of Services, Families in Need of Services

CPI Child Protective Investigator

CS/SB Committee Substitute for a Senate Bill

CS/HB Committee Substitute for a House Bill

DCA District Court of Appeal

DCF Florida Department of Children and Families

DEL Sometimes used as shorthand for delinquency

DEP Sometimes used as shorthand for dependency

DJJ Florida Department of Juvenile Justice

DOH Department of Health

DOAH Division of Administrative Hearings

DOC Department of Corrections

DOR Department of Revenue

DRAI Detention Risk Assessment Instrument

DV Domestic Violence

ICWA Indian Child Welfare Act

IEP Individualized Education Plan

JAC Juvenile Assessment Center

JPO Juvenile Probation Officer

OCI Office of Court Improvement

OSCA Office of the State Courts Administrator

PDR Predisposition Report

RPO Risk Protection Order

SA or SAO State Attorney

SIPP Statewide Inpatient Psychiatric Program

SRO School Resource Officer

UFC Unified Family Court

VOP Violation of Probation

DETENTION HEARING AT A GLANCE

RELEVANT

STATUTES & RULES

Florida Statutes §§ 27.52; 90.6063; 790.115(4); 790.22(8);

985.02(4); 985.033; 985.035; 985.036; 985.039; 985.101;

985.18; 985.24; 985.245; 985.25; 985.255; 985.26;

986.265; 985.27; 985.275; 985.335

Fla. R. Gen. Prac. & Jud. Admin. 2.545(d); 2.560

Rules of Juvenile Procedure 8.003; 8.010; 8.013; 8.015;

8.100; 8.165; 8.929

Rules for Certification and Regulation of Court Interpreters

14.100

PURPOSE OF

HEARING

The purpose of the detention hearing is to determine

whether probable cause exists that the child committed a

delinquent act or violation of law and, if so, whether

continued detention is necessary. § 985.255(3)(a); Rule

8.010(g).

TIME FRAME

The detention hearing must be held within 24 hours of the

child being taken into custody. § § 985.255(1); 985.26(1).

If a statutory need for detention is met but the court is

unable to make a probable cause determination, the child

may be retained in detention, and the hearing may be

continued for up to 72 hours. Rule 8.010(h).

Detention cannot exceed 21 days without the

commencement of an adjudicatory hearing. § 985.26(2). For

certain serious offenses, detention may be extended an

additional 9 days. § 985.26(2)(b). There are specific

detention requirements for Prolific Juvenile Offenders.

§ 985.26(2)(c).

BURDEN OF PROOF

The standard of proof for probable cause is that which is

necessary for an arrest warrant. Rule 8.010(g)(1); § 901.02.

RULES OF

EVIDENCE

All parties have the right to be heard. Rule 8.010(a). Sworn

testimony of witnesses and all relevant and material

evidence may be relied on to the extent of its probative

value, even though it would not be competent at an

adjudicatory hearing. Rule 8.010(g)(1)-(2).

RIGHT TO COUNSEL

The court must advise the child of the right to be

represented by counsel and shall appoint counsel if the child

qualifies. § 985.033; Rule 8.010(e); Rule 8.165. The court

must determine whether the child and the child’s parents

are indigent. If so, the court must advise of the right to have

counsel appointed pursuant to § 27.52. The child may waive

counsel only after a meaningful opportunity to confer with

counsel. If counsel is waived, it must be in writing, and the

court must determine whether the waiver is knowing,

intelligent, and voluntary. § 985.033; Rule 8.165(b).

NEXT HEARING

If a petition is filed and the child is being detained, the child

shall be arraigned within 48 hours of the filing of the

petition, excluding Saturdays, Sundays, or legal holidays.

§ 985.26(6) and Rule 8.015(a).

DETENTION HEARING BENCHCARD

Generally

• Determine whether an interpreter is needed to facilitate communication at the

hearing.

• Verify that the proceeding is being recorded or transcribed.

• The purpose of the detention hearing is to determine whether there is

probable cause that the child committed a delinquent act or violation of the

law.

• If testimony will be offered, place all witnesses under oath.

• Have all the parties identify themselves for the record with full name and

current address. Advise the parties that the court will use the addresses

provided for notice purposes unless otherwise notified in writing.

• Determine whether the parents/legal guardians are present or absent.

• If parents/legal guardians are absent, request that DJJ give a thorough

description of the steps taken to locate the parents and provide them notice of

the detention hearing.

• Determine whether the victim and/or the victim’s parents, guardian, lawful

representative, or next of kin have been informed of the date and time of the

hearing.

• Determine whether the child, or his or her family, is involved in other court

proceedings and if a Notice of Related Cases form as required by Rule

2.545(d) or a Cover Sheet for Family Court Cases as required by Rule 8.003

is, or should be, filed in the case. Consider how to consolidate or coordinate

the related cases.

Advise of Rights

• Determine whether the child is represented by counsel.

• Advise the child of his or her right to counsel and determine whether the

right is understood.

• If the child and his or her parents are indigent, advise the child that he or

she has the right to have counsel appointed.

• If the child does not have counsel, appoint counsel as necessary unless

waived in writing. Waiver of counsel can only occur after the child has had

a meaningful opportunity to confer with counsel regarding the child’s right

to counsel, the consequences of waiving counsel, and any other factors

that would assist the child in making the decision to waive counsel.

• If the child waives counsel, determine that the waiver is knowing,

intelligent, and voluntary.

• Advise the child of his or her right to remain silent and that anything the

child says may be used against him or her.

• If the child’s parent, custodian, or counsel is not present, advise the child

of his or her right to communicate with them, and if necessary, that

reasonable means will be provided to do so.

• Advise the child of the charges.

• Advise the child of the reasons why continued detention has been

requested.

Probable Cause Determination

• Explain to the child that the standard of proof is whether the court, based

on the information before it, “reasonably believes that the person

complained against has committed an offense” within the court’s

jurisdiction.

• If the court finds no probable cause, the child must be released from

detention.

• If probable cause cannot be determined, but a statutory need for

detention exists, the court may continue the detention hearing for up to

72 hours on a showing of good cause.

• If there is probable cause, determine whether continued detention is

necessary. Review documents such as the DRAI, DJJ’s detention

recommendations, and the detention petition.

• Special detention criteria are required for children who are charged with

acts of domestic violence, possessing or discharging a firearm on school

property, illegal possession of a firearm, or if the child qualifies as a

Prolific Juvenile Offender.

• If there is probable cause and if detention is warranted, explain to the

child what level of detention he or she will be under and the reasons for

the detention determination.

• If there is probable cause and if the child is under supervised release,

explain what that means and what is expected of the child.

Set an Arraignment Hearing

• The hearing must be within 48 hours of the filing of a delinquency

petition, excluding Saturdays, Sundays, or legal holidays.

Requirements for Written Order of Detention

• State the name and address of the child or, if unknown, designate the

child by a name or description that can identify him or her with

reasonable certainty.

• State the age and sex of the child. If the age is unknown, state that the

child is believed to be of an age that makes him or her subject to the

juvenile proceedings.

• Order that the child shall be held in detention and state the reasons

therefore, or, if appropriate, order that the child be released from

detention and returned to his or her nonresidential commitment program.

• Make a finding of probable cause or that such a finding cannot be made

at this time and that the case is continued for such a determination

within 72 hours of the child being taken into custody.

• Designate the place of detention or person or agency responsible for

supervision and any special conditions.

• State the date and time the order was issued, the county and court from

where it was issued, and the date and time the child was taken into

custody.

• Make a finding regarding costs of supervision and care.

• Order that child to be released no later than 5:00 p.m. on the last day of

the specified statutory detention period unless a continuance has been

granted for good cause.

• Set the next detention hearing date if an extension is granted.

• Set a date for an arraignment hearing.

DETENTION HEARING OUTLINE

Generally

• Interpreter Determination

If the child is deaf, a non-English speaker, or has limited English

proficiency, the court must determine whether an interpreter is needed

to facilitate communication at the hearing. Check for prior notification of

the need for services. If an interpreter has already been selected and is

available at the proceeding, verify that the interpreter can readily

communicate with the person in need of services and can repeat and

translate communication easily. § 90.6063(6); Rule 2.560. If an

interpreter has not been pre-selected, work with court administration to

provide a qualified interpreter. § 90.6063(3)(b). If no qualified interpreter

is available, the court may appoint a non-qualified interpreter upon a

finding of good cause, such as burdensome delay or other unusual

circumstance, and the proposed interpreter is competent to interpret.

Rule 2.560(e). Verify that the child knows that he or she is allowed to

object to the proposed appointment of a non-qualified interpreter. See

General Topics for more information on interpreters.

• Recording

A record of all hearings must be made by an official court reporter, a

court-approved stenographer, or a recording device. Rule 8.100(f).

• Purpose

Explain the purpose of the detention hearing. The purpose of the

detention hearing is to determine whether there is probable cause that

the child committed a delinquent act or violation of the law. Rule

8.010(g)(1). If the court finds probable cause, then the court must

determine what, if any, detention is necessary. § 985.255(3)(a); Rule

8.010(h). When law enforcement turns a child over to DJJ, the

department will make the initial determination of whether to place the

child into detention care based on its review of all available information

and the Detention Risk Assessment Instrument (DRAI). § 985.245.

• Hearing Timeframe; Standard of Proof

Any child being detained must have a detention hearing within 24 hours

of being taken into custody, and no child can be detained longer than 24

hours unless the circuit court holds a detention hearing and either

enters a detention order or continues the hearing for up to 72 hours on

a showing of good cause. § 985.26; Rule 8.013(a). No detention order

can be entered without a hearing at which all parties have an

opportunity to be heard on the necessity for the child to be held in

detention unless the court finds that the parent or custodian cannot be

located or the child’s mental health or physical condition is such that a

court appearance is not in the child’s best interest. Rule 8.010(a). The

court generally decides whether there is probable cause based upon

sworn statements or testimony presented by the State. The standard of

proof is the same as for an arrest warrant. Rule 8.010(g)(1).

• Detention Issues

The court must make a detention determination based upon the

statutory criteria of §§ 985.24 and 985.255. The court must use the

results of the risk assessment performed by the department and, based

on the statutory criteria, shall determine the need for continued

detention. § 985.255(3)(a). If the court orders a placement more

restrictive than indicated in the risk assessment instrument, the court

must state, in writing, clear and convincing reasons for the placement.

§ 985.255(3)(b). Detention cannot exceed 21 days without the

commencement of an adjudicatory hearing unless an extension of time

for good cause is shown. However, some serious offenders can be held in

secure detention for up to 30 days if the offense is one that would be a

capital felony, life felony, felony of the first degree, or felony of the

second degree that involves violence against an individual if committed

by an adult. § 985.26(2)(b). A prolific juvenile offender under s.

985.255(1)(f) who is taken into custody for a violation of the conditions

of his or her nonsecure detention must be held in secure detention until

a detention hearing is held. § 985.26(2)(d).

If secure detention care is ordered by the court, it must be authorized

under § 985.26(2)(c) and may not exceed 21 days unless an adjudicatory

hearing for the case has been commenced in good faith by the court or

the period is extended by the court as allowed by law. Under no

circumstances may a child alleged to be dependent under Chapter 39 be

placed into or held in secure detention. § 985.24(3).

• Identify Those Present

Identify those present and their relationship to the case. The parties

should identify themselves for the court and the record. Delinquency

hearings are open to the public; however, the court, in its discretion,

may close the hearing to the public when the public interest and the

welfare of the child are best served by doing so. § 985.035.

• Notice Assessment

If the parents or guardians have been identified and are absent from the

proceeding, determine the steps taken to locate and provide notice of the

detention hearing. Rule 8.010(d) requires that the DJJ intake officer

must make a diligent effort to notify the parent or custodian of the time

and place of the detention hearing. Notice may be by the most

expeditious method available. The child has a right to speak with any

absent parent or guardian, and, if necessary, reasonable means should

be provided to do so. Rule 8.010(f)(3). However, the failure to notice or

the nonattendance of the parent or guardian does not invalidate the

hearing or the detention order. Rule 8.010(d). A representative from the

agency responsible for serving notice on the parents or guardians must

perform a diligent search, following a detailed and thorough list of

sources he or she must check before he or she can report the failure to

notice. See General Topics for more information on the diligent search

requirement.

o Victims and their family members or lawful representatives have a

right to be informed of, to be present during, and to be heard

when relevant at all crucial stages of proceedings involving the

accused juvenile. § 985.036.

• Place Any Witnesses Under Oath

The court should place any witnesses under oath. Rule 8.010(g)(2). Prior

to the examination of any witnesses, any party may invoke the rule to

have the witnesses sequestered to prevent communication between the

witnesses. Rule 8.100(d).

• Other Proceedings Determination

Determine whether the child is involved in other court proceedings. If

the child or his or her family is involved in other court proceedings,

determine whether a Notice of Related Cases form as required by Rule

2.545(d) or a Cover Sheet for Family Court Cases as required by Rule

8.003, is or should be, filed in the case. Consider how to consolidate or

coordinate the related cases.

Advise of Rights

A child in delinquency proceedings is generally afforded the same

Constitutional rights as adults in criminal proceedings. The one notable

exception is that the child is not entitled to a jury trial. Rules 8.010(e) and

(f) set out the rights the child must be advised of at the detention hearing.

• Right to be Represented by Counsel

o Advise the child of the right to counsel. Rule 8.010(e). The child

must be advised of the right to counsel at the detention hearing.

o A child is entitled to representation by legal counsel at all stages of

any delinquency court proceeding. § 985.033(1). If the child and

the parents or other legal guardian are indigent and unable to

employ counsel for the child, the court shall appoint counsel

pursuant to § 27.52.

o If the clerk of court has not made a determination of indigent

status at or before the time of the hearing, the court shall make a

preliminary determination of indigent status, pending further

review by the clerk, and may, by court order, appoint a public

defender. § 27.52(3). A person seeking appointed counsel based on

an inability to pay must apply to the clerk of court for indigent

status using the standard application form. § 27.52(1).

o If indigent, advise of the right to have counsel appointed. The child

must be advised that if he or she is insolvent, the child has the

right to have counsel appointed by the court in accordance with

§ 27.52.

o The Court must determine whether the right to counsel is

understood. The court must make a specific inquiry to determine

whether the child understands this right. Rule 8.165. No waiver

may be accepted if it appears that the child is unable to make an

intelligent and understanding decision due to mental condition,

age, education, experience, the nature or complexity of the case, or

other factors. Rule 8.165(b)(4).

o The waiver of counsel can only occur after the child has had a

meaningful opportunity to confer with counsel regarding any

factors that would assist the child in making the decision to waive

counsel, and the waiver must be in writing. Rule 8.165(a). If

counsel is waived, the court must determine whether the waiver is

knowing, intelligent, and voluntary. Rule 8.165(b). If a waiver of

counsel is accepted at any stage of the proceedings, the offer of

counsel must be renewed by the court at each subsequent

proceeding at which the party appears without counsel. Rule

8.165(b)(5). If an attorney-client relationship is discontinued, the

court must advise the child of the right to have new counsel

retained or appointed for the remainder of the proceedings.

§ 985.033(1). The court must inquire whether the child

understands this right.

• Right to Know Charges

Advise the child of the nature of the charges for which he or she was

taken into custody. Rule 8.010(f)(1). The child also has the right to review

the information used to determine the charges.

• Right to Remain Silent

The child must be advised that he or she has the right to remain silent

and that anything that the child says can be used against him or her.

Rule 8.010(f)(2).

• Right to Communicate

If the child’s parent, custodian, or counsel is not present, advise the

child of his or her right to communicate with them, and if necessary, that

reasonable means to do so will be provided to the child. Rule 8.010(f)(3).

• Right to Know why Continued Detention is Requested

Advise the child of the reasons continued detention is requested. Rule

8.010(f)(4).

Probable Cause Determination

The court may base its probable cause determination on a sworn complaint,

affidavit, deposition under oath, or testimony under oath properly recorded.

Rule 8.010(g). Additionally, evidence may be considered to the extent of its

probative value even though it would not be competent at an adjudicatory

hearing. Rule 8.010(g)(2).

• Standard of Proof

The standard of proof necessary for determining probable cause is the

same standard used for an arrest warrant. Rule 8.010(g)(1). The

standard of proof for an arrest warrant is whether the judge, based on

the information before him or her, reasonably believes that the person

complained against has committed an offense within the court’s

jurisdiction. § 901.02(1).

• Probable Cause Determination

If no probable cause, the child must be released from detention. Rule

8.010(h). The release of the child based upon a finding that no probable

cause exists does not prohibit the filing of a delinquency petition or

further delinquency proceedings. Rule 8.010(h).

If probable cause cannot be determined, but a statutory need for

detention exists, the court may continue the detention hearing for up to

72 hours. Rule 8.010(h). If the court finds that one or more of the

statutory needs of detention exists but is unable to make a finding on the

existence of probable cause, it may retain the child in detention and

continue the hearing for the purpose of determining the existence of

probable cause to a time within 72 hours of the time the child was taken

into custody. The court may, on a showing of good cause, continue the

hearing a second time for not more than 24 hours beyond the 72-hour

period. Rule 8.010(h).

If probable cause is found, the court must enter an order making such

a finding and may, if other statutory needs of detention exist, retain the

child in detention. Rule 8.010(h). The court may continue or modify the

current detention placement. DJJ will make recommendations to the

court regarding the level of detention and placement. The court’s

decisions must be based on the results of the Detention Risk Assessment

Instrument (DRAI) performed by the juvenile probation officer and the

statutory detention criteria. § 985.245. The court should review the DRAI

and correct any mistakes made in calculating the DRAI score.

§ 985.245(3).

• Additional Acts while under Supervision

One of the reasons a court may order continued detention is if a child is

alleged to be an escapee from a residential commitment program; or an

absconder from a nonresidential commitment program, a probation

program, or conditional release supervision; or is alleged to have escaped

while being lawfully transported to or from a residential commitment

program. § 985.255(1)(a). For a child who is under the supervision of the

department and who is charged with committing a new offense, the

detention risk assessment instrument may be completed and scored

based on the underlying charge for which the child was placed under the

supervision of the department. § 985.245(4).

• Continued Detention

Section 985.255 sets forth the statutory reasons to keep a child in

detention care. See General Topics for more detailed information on

detention criteria. Special detention criteria are required for children who

are charged with acts of domestic violence, possessing or discharging a

firearm on school property, illegal possession of a firearm, or if the child

qualifies as a Prolific Juvenile Offender.

• If an Answer is Filed

An answer to the petition is not required; any matters that might be set

forth in an answer may be plead orally before the court. If the child,

joined by a parent or the child’s counsel, files an answer to the petition

that admits to the allegations of the petition, the court must verify that

the answer acknowledges that the child was advised of his or her right to

counsel, right to remain silent, and of the possible dispositions available

to the court. § 985.335. The answer must also provide a waiver of the

adjudicatory hearing, a statement of consent to an order of adjudication,

and an authorization for the court to proceed with a disposition hearing.

§ 985.335. The court should file an order of adjudication and set the

disposition hearing at the earliest practicable time that allows for the

completion of the predisposition report. § 985.335.

Set Arraignment Hearing

The arraignment hearing shall be within 48 hours of the filing of a

delinquency petition, excluding Saturdays, Sundays, or legal holidays. Rule

8.015(a). The child must be given notice of the arraignment; however, a

personal appearance by the child before the court shall remove the necessity

of the serving process on him or her. Rule 8.015(b)(1).

Requirements for Written Order of Detention

• The court may be presented with a detention order prepared by

the State Attorney or may draft the order in court. Any detention

order must be authorized by the criteria set forth in § § 985.24

and 985.255.

o Name and address. State the name and address of the child or, if

unknown, designate the child by a name or description that can

identify the child with reasonable certainty. Rule 8.013(c)(2).

o Age and sex. State the age and sex of the child. If the age is

unknown, state that the child is believed to be of an age that

makes him or her subject to juvenile proceedings. Rule 8.013(c)(3).

o Waiver of Counsel. If counsel is waived, make findings that the

waiver was knowing, intelligent, and voluntary. Rule 8.165.

o Detention Order. Order that the child be held in detention and

state the reasons therefore, or, if appropriate, order the release of

the child and the return to his or her nonresidential commitment

program. Rule 8.013(c)(4).

o Probable cause finding. Make a finding that probable cause exists

or that such a finding cannot be made at this time and that the

case is continued for such a determination within 72 hours of the

child being taken into custody unless this time is extended by the

court for good cause shown for not longer than an additional 24

hours. Rule 8.013(c)(5).

o Detention location designation. Designate the place where the

child is to be detained or the person or agency that will be

responsible for the detention and state any special conditions

found to be necessary. Rule 8.013(c)(6).

o Date and time. State the date and time the order is issued, the

county and court from where issued, and the date and time the

child was taken into custody. Rule 8.013(c)(7).

o Release instructions. Order a specific release time, or that the

child is to be released no later than 5:00 p.m. on the last day of the

specified statutory detention period unless a continuance has been

granted for good cause. Rule 8.013(c)(8); § 985.255(3)(c). Except as

provided in §§790.22(8) or 985.27, when a child is placed into

secure or non-secure detention care, or into a respite home or

other placement pursuant to a court order following a hearing, the

court order must include specific instructions that direct the

release of the child from such placement no later than 5:00 p.m.

on the last day of the detention period specified in § § 985.26 or

985.27, whichever is applicable, unless the requirements of such

applicable provision have been met or an order of continuance has

been granted under § 985.26(4).

o Sign the order. The order must be signed by the court with the

title of office. Rule 8.013(c)(9).

o Finding of cost. At any detention or disposition hearing, the court

shall receive information regarding the ability of the parent of a

child who is being placed under the supervision or care of the

department to pay for the costs of care or supervision and whether

the payment of such costs or fees will create a significant financial

hardship. The court may apportion the obligation for the fee to

each parent in a manner it deems appropriate; however, the total

amount of the daily fee may not exceed the amounts specified in §

985.039. Any finding made by the court as to the ability of the

parent to pay such fee, including any finding of indigency or

significant financial hardship, shall be in writing and shall contain

a detailed description of the facts supporting such a finding. If the

court makes a finding of indigency and significant financial

hardship, the court shall waive the fee or reduce it to an amount

deemed appropriate. The court must make a finding regarding the

costs of supervision and care or make a finding as to any reduction

or waiver of costs, including therein the reasons for such a finding.

§ 985.039. See General Topics for more information on costs.

o Set next hearing. Set the next hearing date if an extension under

Rule 8.010(h) is granted. If no extension is granted, set the date for

the arraignment hearing. Rule 8.015(a).

ARRAIGNMENT HEARING AT A GLANCE

RELEVANT STATUTES &

RULES

Florida Statutes §§ 27.52; 90.6063; 741.28; 985.033;

985.035; 985.036; 985.039; 985.185; 985.24; 985.255;

985.26; 985.318; 985.335

Fla. R. Gen. Prac. & Jud. Admin. 2.545(d); 2.560

Rules of Juvenile Procedure 8.003; 8.010; 8.015; 8.035;

8.070; 8.075; 8.080; 8.090; 8.100; 8.110; 8.165

Rules for Certification and Regulation of Court

Interpreters 14.100

PURPOSE OF HEARING

The purpose of the arraignment hearing is for the child to

enter a plea in response to the delinquency petition. Rule

8.070. This hearing is similar to an arraignment in

criminal court.

TIME FRAME

If a child is detained, the arraignment hearing must be

held within 48 hours of the filing of the delinquency

petition, excluding Saturdays, Sundays, and legal

holidays. § 985.26(6); Rule 8.015(a).

BURDEN OF PROOF

There is no burden of proof at an arraignment hearing.

The delinquency petition must be reviewed to determine

whether it states a prima facie case for delinquency if

there has been no detention hearing. § 985.13.

RULES OF EVIDENCE

No evidence is submitted at an arraignment hearing.

RIGHT TO COUNSEL

The court must advise the child of his or her right to

counsel and determine whether the right is understood.

§ 985.033; Rule 8.165. The court must also determine

whether the child and the child’s parents are indigent. If

so, the court must advise of the right to have counsel

appointed in accordance with § 27.52. If counsel is

waived after a meaningful opportunity to confer with

counsel, the court must determine whether the waiver is

knowing, intelligent, and voluntary. The waiver must be

in writing. § 985.033; Rule 8.165(b).

NEXT HEARING

If child pleads not guilty: Adjudicatory hearing must

commence as soon as practicable and within 90 days of

the earlier of the child being taken into custody or the

date of service of summons issued when the petition was

filed § 985.35; Rule 8.090. If the child is detained, the

adjudicatory hearing must commence within 21 days of

the child being taken into custody. § 985.26(2)(a) and §

985.35(1)(a). A prolific juvenile offender in secure

detention must also be brought to hearing within 21

days. § 985.26(2)(c). A prolific juvenile offender in

supervised release must be brought to hearing within 45

days of the child being taken into custody.

§ 985.35(1).

If child pleads guilty or nolo contendere:

If the child has waived the right to counsel, the written

waiver shall also be submitted to the court in the

presence of a parent, legal custodian, responsible adult

relative, or attorney assigned by the court to assist the

child. The assigned attorney shall verify on the written

waiver and on the record that the child’s decision to

waive counsel has been discussed with the child and

appears to be knowing and voluntary. Rule 8.165(b)(3).

A disposition hearing shall be set at the earliest

practicable time that will allow for the completion of the

predisposition report. § 985.335; Rule 8.070. If the

predisposition report is available at the time the plea is

taken, then the court may proceed with disposition

pursuant to § 985.433 and Rule 8.115.

ARRAIGNMENT HEARING BENCHCARD

Generally

• Determine whether an interpreter is needed to facilitate communications

at the hearing.

• Verify that the proceeding is being recorded or transcribed.

• Inform the child that the purpose of the arraignment hearing is for the

child to enter a plea of not guilty, guilty, or nolo contendere to the

delinquency petition filed by the state attorney.

• Place the child under oath.

• Have all the parties identify themselves for the record with full name and

permanent address. Advise the parties that the court will use the

addresses provided for notice purposes unless otherwise notified in

writing.

• Determine whether the parents/legal guardians are present or absent.

• If parents/legal guardians are absent, request that the DJJ give a

thorough description of the steps taken to locate the parents and provide

them notice of the hearing. Failure of notice to the parent or guardian, or

nonattendance of the parent or guardian at the arraignment hearing of a

detained child, shall not invalidate the proceeding.

• Determine whether the victim and/or the victim’s parents, guardian,

lawful representative, or next of kin has been informed of the date and

time of the hearing.

• Determine whether the child, or his or her family, is involved in other

court proceedings and if a Notice of Related Cases form as required by

Rule 2.545(d) and Rule 8.003 is, or should be, filed in the case. Consider

how to consolidate or coordinate the related cases.

Advise of Rights

• Determine whether the child is represented by counsel.

• If the child appears without counsel, advise the child of his or her right to

counsel and determine whether the right is understood.

• If the child and child’s parents or guardians are indigent, advise of the

right to have counsel appointed.

• If the child does not have counsel, appoint counsel as necessary unless

waived in writing. Waiver of counsel can occur only after the child has had

a meaningful opportunity to confer with counsel regarding the child’s right

to counsel, the consequences of waiving counsel, and any other factors

that would assist the child in making the decision to waive counsel.

• If counsel is waived, determine if the waiver is knowing, intelligent, and

voluntary.

• Advise the child of the right to remain silent and that anything the child

says may be used against him or her.

Review Delinquency Petition

• Review the delinquency petition to determine whether the petition states a

prima facie case of delinquency.

Entrance of a Plea

• Explain to the child that a plea is an answer to the complaint brought

against them.

• Do not accept any plea without first determining that there is a factual

basis for the plea and that the plea is made voluntarily and with a full

understanding of the nature of the allegations and the possible

consequences of the plea.

• Verify that the child understands that he or she may plead not guilty,

guilty, nolo contendere, or may remain silent and refrain from making a

plea. If the child remains silent or pleads evasively, the court shall enter a

plea of not guilty for the child.

• If the plea is not guilty, the case proceeds to an adjudicatory hearing.

Confirm that the child knows the date of the adjudicatory hearing and

what is expected of the child.

• If a guilty or nolo contendere plea is accepted by the court, the case

proceeds to a disposition hearing.

Set Next Hearing

• If the plea was not guilty, set the adjudicatory hearing for as soon as

practicable. The adjudicatory hearing must begin within 90 days of either

the child being taken into custody or the date of service of summons

issued when the petition was filed, whichever is earliest. § 985.35; Rule

8.090. If the child is detained, the adjudicatory hearing must commence

within 21 days of the child being taken into custody. § 985.26(2)(a) and §

985.35(1)(a). A prolific juvenile offender in secure detention must also be

brought to hearing within 21 days. § 985.26(2)(c). A prolific juvenile

offender on supervised release must be brought to hearing within 45 days

of the child being taken into custody. § 985.35(1)(b).

• If the plea was nolo contendere or guilty, the disposition hearing shall be

set at the earliest practicable time that will allow for the completion of the

predisposition report. If the predisposition report is available at the time

the plea is taken, then the court may proceed with disposition pursuant to

§ 985.433 and Rule 8.115.

Determine Detention Pending Disposition

• If the child was held in detention prior to the arraignment hearing, the

court will have to determine whether continued detention is necessary

pending disposition. Special detention criteria exist if the child is a prolific

juvenile offender or is awaiting placement in a commitment program.

ARRAIGNMENT HEARING OUTLINE

Generally

• Interpreter Determination

If the child, the parent, or legal guardian is deaf, a non-English speaker,

or has limited English proficiency, the court must determine whether an

interpreter is needed to facilitate communication at the hearing. Check

for prior notification of a need for services. If an interpreter has already

been selected and is available at the proceeding, verify that the

interpreter can readily communicate with the person in need of services

and can repeat and translate communication easily. § 90.6063(6); Rule

2.560. If an interpreter has not been pre-selected, work with court

administration to provide a qualified interpreter. § 90.6063(3)(b). If no

qualified interpreter is available, the court may appoint a non-qualified

interpreter upon a finding of good cause, such as burdensome delay or

other unusual circumstance, and the proposed interpreter is competent

to interpret. Rule 2.560(e). Verify that the child knows that he or she is

allowed to object to the proposed appointment of a non-qualified

interpreter. See General Topics for more information on interpreters.

• Recording

A record of all hearings must be made by an official court reporter, a

court-approved stenographer, or a recording device. Rule 8.100(f).

• Purpose

Explain to the child that the purpose of the arraignment hearing is to

provide an opportunity for the child to enter a plea of not guilty, guilty, or

nolo contendere to the delinquency petition filed by the state attorney. If

the child is detained, the arraignment hearing must take place within 48

hours of the filing of the delinquency petition, excluding Saturdays,

Sundays, and legal holidays. § 985.26(6); Rule 8.015(a).

• Identify Those Present

Identify those present and their relationship to the case. The parties

should identify themselves for the record. Delinquency hearings are open

to the public unless the court finds that it is in the child’s best interest to

restrict those in attendance. § 985.035.

• Notice Assessment

Determine steps taken to locate and notice any identified and absent

parents or guardians of the arraignment hearing. Parents or guardians

should be notified of the arraignment hearing. Diligent efforts must be

made to notify the parents or guardian of the child of the arraignment

hearing. Rule 8.015(b)(3). However, failure of notice or nonattendance

does not invalidate the hearing. Rule 8.015(b)(4). A representative from

the agency responsible for serving notice on the parents or guardians

must perform a diligent search, following a detailed and thorough list of

sources to check before he or she can report the failure to notice. See

General Topics for more information on the diligent search requirement.

Victims and their family members or lawful representatives have a right

to be informed of, to be present during, and to be heard when relevant at

all crucial stages of proceedings involving the accused juvenile.

§ 985.036.

• Place the child under oath.

• Other Proceedings Determination

Determine whether the child is involved in other court proceedings.

If the child or his or her family is involved in other court proceedings,

determine whether a Notice of Related Cases form as required by Rule

2.545(d) and Rule 8.003 is or should be filed in the case. All related

family cases must be handled before one judge unless impracticable.

Rule 12.003(a). Consider how to consolidate or coordinate the related

cases.

Advise of Rights

• Right to Counsel

Determine whether the child is represented by counsel. If the child

appears without counsel, advise the child of the right to counsel.

§ 985.033 requires that the child must be advised of the right to counsel

at all stages of any delinquency court proceeding.

Determine whether the right to counsel is understood. The court must

inquire whether the child understands this right. Rule 8.165(b)(2). No

waiver may be accepted if it appears that the child is unable to make an

intelligent and understanding decision due to mental condition, age,

education, experience, the nature of the case, or other factors. Rule

8.165(b)(4).

Determine whether the child and child’s parents or guardians may be

considered indigent. If the clerk of court has not made a determination of

indigent status at or before the time of the hearing, the court shall make

a preliminary determination of indigent status, pending further review by

the clerk, and may, by court order, appoint a public defender. § 27.52(3).

A person seeking an appointed counsel based on an inability to pay must

apply to the clerk of court for indigent status using the standard

application form. § 27.52(1).

If indigent, advise of the right to have counsel appointed. The child must

be advised that if indigent, he or she has the right to have counsel

appointed by the court in accordance with § 27.52. § 985.033(4).

If counsel is waived, determine if the waiver is knowing, intelligent, and

voluntary. Section 985.033(1) entitles a child to representation by legal

counsel at all stages of all juvenile court proceedings unless the right is

knowingly, freely, and intelligently waived by the child. The court must

inquire to determine whether the right is knowingly, freely, and

intelligently waived by the child; waiver of counsel can occur only after

the child has had a meaningful opportunity to confer with counsel

regarding the child’s right to counsel and the consequences of waiving

counsel, and any other factors that would assist the child in making the

decision to waive counsel. Rule 8.165(a). Waiver of counsel must be on

the record and in writing. Rule 8.165(a). If a waiver of counsel is accepted

at any stage of the proceedings, the offer of counsel must be renewed by

the court at each subsequent proceeding at which the child appears

without counsel. Rule 8.165(b)(5). If an attorney-client relationship is

discontinued, the court must advise the child of the right to have new

counsel retained or appointed for the remainder of the proceedings.

§ 985.033(1).

• Right to Communicate

Unlike the detention hearing, the child has no explicit right to

communicate with an absent parent or guardian. However, some courts

have attempted to maintain flexibility with regard to the hearing when a

child desires the presence of an absent parent or wishes to communicate

with an absent parent. These practices are not codified in statute or rule;

as such, they are simply promising practices the court may engage in

when a child desires to communicate with an absent parent or guardian

at a hearing where there is no explicit right to communicate. Promising

practices that allow the child an opportunity to communicate with an

absent parent include:

o Providing a telephone to facilitate communication if a parent is

available telephonically;

o Delaying the hearing to a later time on the same day to allow a

parent time to attend the hearing, if a parent cannot attend the

hearing due to an unchangeable schedule obligation such as work;

o Continuing the hearing to another day to allow the parent an

opportunity to attend the hearing if a parent cannot attend the

hearing due to an unchangeable schedule obligation such as work.

Review Delinquency Petition

• Review for Prima Facie Case of Delinquency

Review the delinquency petition to determine whether the petition states

a prima facie case of delinquency. The requirements for the delinquency

petition are set forth in Rule 8.035. The child does not need to file an

answer to the petition. Any matters that could be in an answer may be

pleaded orally before the judge. § 985.335.

• Answer Filed

If the child, joined by a parent or counsel, files an answer to the petition

that admits to the allegations of the petition, verify that the answer

acknowledges that the child was advised of his or her rights and of the

possible dispositions available to the court. § 985.335. The answer must

also provide a waiver for the adjudicatory hearing, a statement of consent

to an order of adjudication, and an authorization for the court to proceed

with a disposition hearing. § 985.335. File an order of adjudication and

set the disposition hearing at the earliest practicable time that allows for

the completion of the predisposition report. § 985.335.

Entrance of a Plea

• Generally

The child must enter a plea of guilty, not guilty, or nolo contendere to

the charges in the delinquency petition. If a child stands mute or

answers evasively, a plea of not guilty shall be entered by the court. Rule

8.075(d). The child shall be permitted to withdraw a guilty plea at any

time prior to the beginning of the disposition hearing with a showing of

good cause, and the withdrawn plea is not considered an admission.

Rule 8.075(e). Plea proceedings shall be of record. Rule 8.080(e). Until

accepted by the court, the plea offer or negotiation may be withdrawn by

either party. Rule 8.080(f). If the court does not concur in a tendered plea

of guilty or nolo contendere arising from negotiations or a plea

agreement, the plea may be withdrawn. Rule 8.080(g) Failure to follow

procedural rules shall not render a plea void absent a showing of

prejudice. Rule 8.080(h).

• Plea of Not Guilty

If the child enters a plea of not guilty, determine whether the

adjudicatory hearing may take place immediately or if it must be set for a

future date. The adjudicatory hearing must be scheduled as soon as

practicable. The adjudicatory hearing must commence within 90 days of

the earlier of the child being taken into custody or the date of service of

summons issued when the petition was filed § 985.35; Rule 8.090. If the

child is detained, the adjudicatory hearing must commence within 21

days of the child being taken into custody. § 985.35(1)(a). If the child is a

prolific juvenile offender, the adjudicatory hearing must commence

within 45 days of the child being taken into custody. § 985.35(1)(b).

• Plea of Guilty or Nolo Contendere

If the child enters a plea of guilty or nolo contendere, determine whether

the plea is knowing, intelligent, and voluntary. Rule 8.075(a); Rule

8.080(a). The court may refuse to accept a plea of guilty or nolo

contendere and must not accept either plea without first determining

that the plea is voluntary, and with the full understanding of the nature

of the allegations and the possible consequences of the plea and that

there is a factual basis for the plea. Rule 8.075(a); Rule 8.080(a). If it is

anticipated that a guilty or nolo contendere plea is going to be entered,

defense counsel can request a predisposition report be prepared prior to

the arraignment hearing.

• Determine Voluntariness of Guilty or Nolo Contendere Plea

Before accepting a plea of guilty or nolo contendere, the court must

determine that the plea is knowingly, intelligently, and voluntarily

entered and that there is a factual basis for it. Rule 8.080(a). When

making this determination, the court must place the child under oath

and address the child personally. Rule 8.080(c). Determine that the child

understands:

o The nature of the charges to which the plea is offered and the

possible dispositions available to the court, Rule 8.080(c)(1);

o That if they are not represented by an attorney, the child has the

right to be represented by an attorney at every stage of the

proceedings, and, if necessary, one will be appointed. Counsel

shall be appointed if the child qualifies for such appointment and

does not waive counsel in writing, Rule 8.080(c)(2);

o That they have the right to plead not guilty, the right to an

adjudicatory hearing where the child has the right to counsel, the

right to compel the attendance of witnesses on their behalf, the

right to cross-examine adverse witnesses, the right to testify, and

the right not to testify, Rule 8.080(c)(3);

o That if they plead guilty or nolo contendere without express

reservation of the right to appeal, they waive the right to appeal all

matters related to the judgment, except the right to review by

collateral attack is not impaired, Rule 8.080(c)(4);

o That a plea of guilty or nolo contendere waives the right to an

adjudicatory hearing, Rule 8.080(c)(5);

o They plead guilty or nolo contendere, the court can ask them

questions under oath, and the answers can be used for a

subsequent prosecution for perjury, Rule 8.080(c)(6);

o The complete terms of the plea agreement including all obligations

the child will incur as a result, Rule 8.080(c)(7);

o They plead guilty or nolo contendere to certain sexual offenses,

they may be required to register as a sexual offender, Rule

8.080(c)(8);

o That if they plead guilty or nolo contendere to a sexually violent or

sexually motivated offense, or have been previously adjudicated for

such an offense, the plea may result in being placed in civil

commitment as a sexually violent predator upon the completion of

their sentence, Rule 8.080(c)(9); and

o That if they plead guilty or nolo contendere and are not a United

States citizen, the facts underlying the plea may subject them to

deportation pursuant to the laws and regulations governing the

United States Citizenship and Immigration Services, Rule

8.080(c)(10).

• Acknowledgement by the Child

Before the court accepts a guilty or nolo contendere plea, the court must

determine that the child either:

o Acknowledges guilt, Rule 8.080(d)(1); or

o Acknowledges that the plea is in the child’s best interest, while

maintaining innocence. Rule 8.080(d)(2)

Set Next Hearing

• If a Plea of Guilty or Nolo Contendere

If the child pleads guilty or nolo contendere, a disposition hearing can

occur immediately after the plea is taken if a predisposition report has

been prepared. Rule 8.070(b). The case can also be set for a disposition

hearing for a later date. § 985.335. Prior to disposition, if the child is in

detention, the need for continued detention must also be reviewed. §

985.26. A comprehensive evaluation for disposition is required if

residential commitment is anticipated or recommended, § 985.185(1),

including a predisposition report. § 985.43(1)(a).

• If a Plea of Not Guilty

If the child pleads not guilty, the case proceeds to an adjudicatory hearing

and/or mediation. The adjudicatory hearing can commence immediately

if all parties are prepared to do so, but typically the court will set a future

date for the adjudicatory hearing. Rule 8.110(b). If the child is

represented by counsel, the child may file a written plea of not guilty at

or before the arraignment hearing, and the arraignment proceeding will

be deemed waived. Rule 8.070(b). The child does not need to be present

at the arraignment if a written plea of not guilty has been entered.

• Time Limits

If there is to be an adjudicatory hearing and the child is not held in

detention, it must occur within 90 days of the earlier of:

o The date the child was taken into custody; or

o The date the child was served with the summons that was issued

when the petition was filed. Rule 8.090(a).

However, the child can file a Demand for Speedy Trial, which requires the

adjudicatory hearing to be held within 60 days of the filing of the

demand. Rule 8.090(g). If the child has not been brought to trial within

50 days of filing the demand, a hearing is required to either bring the

case to trial within 10 days or to discharge the child from the allegations

in the petition. Rule 8.090(m). See General Topics for more information

on speedy trials.

If the child is held in detention, the adjudicatory hearing must be

commenced within 21 days of the child being placed into detention,

§ 985.35(1)(a) and § 985.26(2)(a), unless the child has waived the time

periods by requesting continuances. For certain serious offenses, an

extension of up to 9 days may be allowed if cause is shown that more

time is necessary to prepare for the adjudicatory hearing. § 985.26(2)(b).

Finally, If the child is a prolific juvenile offender pursuant to

§ 985.255(1)(f) and is in secure detention, he or she must be brought to

hearing within 21 days. § 985.26(2)(c)1. A prolific juvenile offender on

supervised release must be brought to hearing within 45 days of the

child being taken into custody. § 985.35(1)(b).

Determine Detention Pending Disposition

• Review DRAI

If the child was held in detention prior to the arraignment hearing, the

court will have to determine whether continued detention is necessary

pending disposition. § § 985.24(1); 985.255(2). The court should review

the DRAI score for assistance in determining appropriate detention, and

will need to make findings that the child:

o Presents a substantial risk of not appearing at the next hearing;

o Presents a substantial risk of bodily harm to others as evidenced by

recent behavior;

o Presents a history of committing property offenses prior to

adjudication, disposition, or placement;

o Has committed certain acts constituting contempt of court; or

o Requests protection from imminent bodily harm. § 985.24(1)(a)-(e).

• Reasons not to Place the Child

However, a child may not be placed into detention for any of the following

reasons:

o To allow a parent or guardian to avoid his or her legal responsibility;

o To permit more convenient administrative access to the child;

o To facilitate further interrogation or investigation; or

o Due to a lack of more appropriate facilities. § 985.24(2)(a)-(d).

Also, a child may not, under any circumstances, be placed into secure

detention if the child is alleged to be dependent under Chapter 39.

§ 985.24(3).

• Length of Detention

A child may not be held in detention for more than 15 days following the

entry of an order of adjudication. § 985.26(3).

ADJUDICATORY HEARING AT A GLANCE

RELEVANT STATUTES &

RULES

Florida Statutes §§ 27.52; 985.27; 985.033; 985.035;

985.036; 985.039; 985.185; 985.26; 985.35; 985.437(2);

985.43; 985.455; 985.534

Fla. R. Gen. Prac. & Jud. Admin. 2.545(d); 2.560

Rules of Juvenile Procedure 8.003; 8.030; 8.031; 8.060;

8.065; 8.090; 8.100; 8.110; 8.165

Rules for Certification and Regulation of Court

Interpreters 14.100

PURPOSE OF HEARING

The purpose of the adjudicatory hearing is to determine

whether the child committed a delinquent act or violation

of law.

TIME FRAME

The adjudicatory hearing must commence as soon as

practicable and within 90 days of the earlier of the child

being taken into custody or the date of service of

summons issued when the petition was filed § 985.35;

Rule 8.090.

If the child is detained, the adjudicatory hearing must

commence within 21 days of the child being taken into

custody. § 985.26(2)(a) and § 985.35(1)(a).

A prolific juvenile offender in a supervised release must be

brought to a hearing within 45 days of being taken into

custody. § 985.35(1)(b).

If a speedy trial is demanded, the adjudicatory hearing

must be held within 60 days of the filing of the demand.

Rule 8.090(g). If the child has not been brought to trial

within 50 days of filing the demand, a hearing is required

to either bring the case to trial within 10 days or to

discharge the child from the allegations in the petition.

Rule 8.090(m).

BURDEN OF PROOF

The petitioner must prove the allegations in the

delinquency petition that the child committed a

delinquent act or violation of law beyond a reasonable

doubt. § 985.35(2)(a).

RULES OF EVIDENCE

Rules of evidence used in criminal cases. § 985.35(2).

RIGHT TO COUNSEL

The court must advise the child of his or her right to

counsel and determine whether the right is understood. §

985.033; Rule 8.165. The court must also determine

whether the child and the child’s parents are indigent. If

so, the court must advise of the right to have counsel

appointed in accordance with § 27.52. If counsel is waived

after a meaningful opportunity to confer with counsel, the

court must determine whether the waiver is knowing,

intelligent, and voluntary. § 985.033; Rule 8.165.

NEXT HEARING

A disposition hearing must occur as soon as possible after

the adjudicatory hearing. A child cannot remain in

detention for longer than 15 days following entry of an

order of adjudication. § 985.26(3).

ADJUDICATORY HEARING BENCHCARD

Generally

• Determine whether an interpreter is needed to facilitate communications

at the hearing.

• Verify that the proceeding is being recorded or transcribed.

• Explain to the child that the purpose of the adjudicatory hearing is to

allow the petitioner an opportunity to prove the allegations in the

delinquency petition beyond a reasonable doubt.

• Place the child and all witnesses, including the parents, under oath.

• Have all the parties identify themselves for the record with full name and

current address. Advise the parties that the court will use the addresses

provided for notice purposes unless otherwise notified in writing.

• Determine whether the parents/legal guardians are present or absent.

• If parents/legal guardians are absent, request DJJ give a thorough

description of the steps taken to locate the parents and provide them

notice of the hearing.

• Determine whether the victim and/or the victim’s parents, guardian,

lawful representative, or next of kin has been informed of the date and

time of the hearing.

• Determine whether the child, or his or her family, is involved in other

court proceedings and if a Notice of Related Cases form as required by

Rule 2.545(d) and Rule 8.003 is, or should be, filed in the case. Consider

how to consolidate or coordinate any related cases.

Advise of Rights

• Determine whether the child is represented by counsel.

• If the child appears without counsel, advise the child of the right to

counsel and determine whether the right is understood.

• If the child and his or her parents are indigent, advise the child that he or

she has the right to have counsel appointed.

• The court shall appoint counsel unless waived by the child in writing.

Waiver of counsel can occur only after the child has had a meaningful

opportunity to confer with counsel regarding the child’s right to counsel,

the consequences of waiving counsel, and any other factors that would

assist the child in making the decision to waive counsel.

• If counsel is waived, determine if the waiver is knowing, intelligent, and

voluntary.

• Advise the child of his or her right to remain silent and that anything the

child says can be used against him or her.

Adjudicatory Hearing Process

• The child may testify on his or her own behalf and introduce evidence.

Verify that the child understands what this means.

• The rules of evidence and procedures applied in criminal cases are applied

in delinquency cases. Explain to the child that the petitioner must prove

the charge of delinquency beyond a reasonable doubt - that the charge

must be proven to the extent that there is no "reasonable doubt" in the

mind of a reasonable person that the child is guilty.

Delinquency Determination

• If delinquency is not proven, dismiss the case and discharge the child.

• If delinquency is proven, determine whether to withhold adjudication or

adjudicate the child delinquent.

• State the factual basis for the determination. Tell the child the reasons for

the determination in clear, simple terms.

• After delinquency is proven, the case proceeds to disposition. Explain what

will happen next and what is expected of the child.

Custody Pending Disposition

• Explain to the child any custody decisions made and the reasons for them.

Advise of Right to Appeal

• Verify that the child understands the right to appeal.

Set Disposition Hearing

• If a predisposition report has not been prepared, order one to be completed

and set the disposition for a date after the report will be available.

• If a predisposition report has been completed and DJJ has issued its

recommendation, the court may hold the disposition hearing immediately

or may set it for a future date.

• A disposition hearing must occur as soon as possible after the

adjudicatory hearing. If the child is in detention care, the disposition

hearing must be held no later than 15 days following entry of an order of

adjudication.

Requirements for a Written Order of Adjudication

• The order of adjudication of delinquency must be in writing.

• State the name and age of the child.

• State whether or not the child is found to have committed a delinquent act

or violation of law as to each charge in the petition and detail the factual

basis for each finding.

• If the child was found not to have committed a delinquent act, make a

finding, stating facts the finding is based on, and order the release of the

child.

• If the child was found to have committed a delinquent act, make a finding

and order the child adjudicated delinquent or withhold adjudication, and

briefly state the facts upon which the finding is made.

• Direct the detention of the child and state the reasons or, if appropriate,

order the release of the child and return to his or her nonresidential

commitment program, or release the child pending disposition.

• Make a finding regarding the cost of supervision and care.

• Set the next hearing date.

ADJUDICATORY HEARING OUTLINE

Generally

• Interpreter Determination

Determine whether an interpreter is needed to facilitate communications

in the hearing process. Check for prior notification of a need for services.

If an interpreter has already been selected and is available at the

proceeding, verify that the interpreter can readily communicate with the

person in need of services and can repeat and translate communication

easily. § 90.6063(6); Rule 2.560. If an interpreter has not been pre-

selected, work with court administration to provide a certified or duly

qualified interpreter. § 90.6063(3)(b); Rule 14.100. If no qualified

interpreter is available, the court may appoint an interpreter not

qualified or certified if the court finds that good cause exists for the

appointment of a non-qualified interpreter, such as burdensome delay or

other unusual circumstance, and the proposed interpreter is competent

to interpret. Rule 2.560(e)(3). Verify that the child knows that he or she is

allowed to object to the proposed appointment of an interpreter not

qualified or certified. See General Topics for more information on

interpreters.

• Recording

A record of all hearings must be made by an official court reporter, a

court-approved stenographer, or a recording device. Rule 8.100(f).

• Purpose

Explain that the purpose of the adjudicatory hearing is to provide the

petitioner an opportunity to prove the allegations of the delinquency

petition beyond a reasonable doubt. § 985.35(2)(a). Delinquency

adjudicatory hearings are conducted by the court without a jury. Rule

8.110(c). The rules of evidence used in criminal cases apply to

adjudicatory hearings. § 985.35(2). The child has the right to present

evidence and to cross-examine witnesses. § 985.35(2)(b). The

adjudicatory hearing must be held as soon as practicable after the

petition for delinquency is filed, but not more than 21 days after the

child is placed in detention care. § 985.26(2). For a child not held in

detention, the adjudicatory hearing must be held within 90 days of the

earlier of the date the child was taken into custody or the date the child

was served the summons that was issued when the petition was filed.

Rule 8.090(a). If the child has filed a Demand for Speedy Trial, the

adjudicatory hearing to be held within 60 days of the filing of the

demand. Rule 8.090(g). If the child has not been brought to trial within

50 days of filing the demand, a hearing is required to either bring the

case to trial within 10 days or to discharge the child from the allegations

in the petition. Rule 8.090(m). See General Topics for more information

on speedy trials.

• Identify Those Present

Identify those present and their relationship to the case. Those present

should identify themselves for the court and the record. Delinquency

hearings are open to the public unless the court finds that it is in the

child’s best interest to restrict those in attendance. § 985.035.

• Notice Assessment

If there are any identified parents or guardians who are absent from the

proceeding, determine what steps were taken to locate and serve them

with notice of the adjudicatory hearing. A representative from the agency

responsible for serving notice on the parents or guardians must perform

a diligent search, following a detailed and thorough list of sources he or

she must check before he or she can report the failure to notice. See

General Topics for more information on the diligent search requirement.

The nonattendance by a parent or guardian may require the continuance

of an adjudicatory hearing. If the court orders the child to pay monetary

restitution, it is done through a promissory note cosigned by the parents

or guardians. § 985.437(2). Additionally, the state may seek restitution or

community service by the child’s parents; a separate petition called a

“Petition for Parental Sanctions” must be filed with the court, and the

parents or guardians must be served. Rules 8.030 and 8.031. If either of

these situations has occurred, a lack of service or a failure to appear may

be grounds for a continuance of the hearing if a party can show good

cause for the continuance. Rule 8.100(e).

Victims and their family members or lawful representatives have a right

to be informed of, to be present during, and to be heard when relevant at

all crucial stages of proceedings involving the accused juvenile.

§ 985.036.

• Place the child and any witnesses, including the parents, under oath

If the child is presenting testimony on his/her own behalf, the court

should place the child under oath. Rule 8.110(d). The court should also

place any witnesses who will present testimony under oath. Prior to the

examination of any witnesses, the court or any party may invoke the rule

to have the witnesses sequestered to prevent communication between the

witnesses. Rule 8.100(d).

• Joint Trials

Where two or more children are alleged to have jointly committed a

delinquent act or violation of the law, they shall be tried jointly unless

the court in its discretion orders separate trials. Rule 8.110(e).

• Other Proceedings Determination

Determine whether the child is involved in other court proceedings and if

a Notice of Related Cases form as required by Rule 2.545(d) and Rule

8.003 is, or should be, filed in the case. Consider how to consolidate or

coordinate the related cases.

Advise of Rights

A child in delinquency proceedings is generally afforded the same

Constitutional rights as adults in criminal proceedings. Children are entitled

to due process, the right to counsel, and the right against self-incrimination

and illegal search and seizure. The one notable exception is the right to a

jury – a child in a delinquency proceeding does not have the right to a trial

by jury. § 985.35(2).

• Right to be Represented by Counsel

Determine whether the child is represented by counsel. If the child

appears without counsel, advise him or her of the right to counsel.

Section 985.033 requires that the child must be advised of the right to

counsel at all stages of any delinquency court proceeding.

Determine whether the right to counsel is understood. The court must

inquire whether the child understands this right. Rule 8.165(b)(2). No

waiver may be accepted if it appears that the child is unable to make an

intelligent and understanding decision due to mental condition, age,

education, experience, the nature of the case, or other factors. Rule

8.165(b)(4).

Determine whether the child and the child’s parents or guardians may be

considered indigent. If the clerk of court has not made a determination of

indigent status at or before the time of the hearing, the court shall make

a preliminary determination of indigent status, pending further review by

the clerk, and may, by court order, appoint a public defender. § 27.52(3).

A person seeking an appointed counsel based on an inability to pay must

apply to the clerk of court for indigent status using the standard

application form. § 27.52(1).

If indigent, advise of the right to have counsel appointed. The child must

be advised that if indigent, he or she has the right to have counsel

appointed by the court in accordance with §§ 27.52 and 985.033(4).

If counsel is waived, determine if the waiver is made knowingly,

intelligently, and voluntarily. Section 985.033(2) requires that a child

must be represented by legal counsel at all stages of all juvenile court

proceedings unless the right is knowingly, freely, and intelligently waived

by the child. The court must inquire to determine whether the right is

knowingly, freely, and intelligently waived by the child; waiver of counsel

can occur only after the child has had a meaningful opportunity to confer

with counsel regarding the right to counsel and consequences of waiving

counsel. Rule 8.165(a). Waiver of counsel must be on the record and in

writing. Rule 8.165(a). If a waiver of counsel is accepted at any stage of

the proceedings, the offer of counsel must be renewed by the court at

each subsequent proceeding at which the party appears without counsel.

Rule 8.165(b)(5). If an attorney-client relationship is discontinued, the

court must advise the child of the right to have new counsel retained or

appointed for the remainder of the proceedings. § 985.033(1).

• Right to Communicate

Unlike the detention hearing, the child has no explicit right to

communicate with an absent parent or guardian during the adjudicatory

hearing. However, some courts have attempted to maintain flexibility

with regard to the hearing when a child desires the presence of an absent

parent or wishes to communicate with an absent parent. These practices

are not codified in statute or rule; as such, they are simply promising

practices the court may engage in when a child desires to communicate

with an absent parent or guardian at a hearing where there is no explicit

right to communicate. Promising practices that allow the child an

opportunity to communicate with an absent parent include:

o Providing a telephone to facilitate communication if a parent is

available telephonically;

o Delaying the hearing for a later time on the same day to allow a

parent time to attend the hearing, if a parent cannot attend the

hearing due to an unchangeable schedule obligation such as work;

o Continuing the hearing to another day to allow the parent an

opportunity to attend the hearing if a parent cannot attend the

hearing due to an unchangeable schedule obligation such as work.

• Right to Remain Silent

Advise the child of his or her right to remain silent. The child must be

apprised that he or she has the right against self-incrimination. The

court must advise the child that he or she has the right to remain silent

and that anything the child says can be used against him or her as an

admission. § 985.35(2).

Adjudicatory hearing process

Conduct the hearing, to the fullest extent practicable, in language

understandable to the child before the court. § 985.35(2).

• Defense of Alibi

The state attorney may demand in writing that a child who intends to

offer an alibi defense must provide the state attorney with the details of

the alibi not less than 10 days before the trial date. Rule 8.065(a). The

state attorney may then prepare a list of rebuttal witnesses within 5 days

of receipt of the information and must present that list to the child. Rule

8.065(b). Should the child fail to or refuse to comply with Rule 8.065, the

court may, in its discretion, exclude testimony of alibi witnesses other

than that of the child. Rule 8.065(c). Should the state attorney fail to

comply with Rule 8.065, the court may, in its discretion, exclude rebuttal

testimony offered by the state. Rule 8.065(c). The court may waive the

requirements of these rules for good cause shown. Rule 8.065(d).

• Participation in the Discovery Process

Participation by the child in the discovery process shall be an election to

participate in discovery. Rule 8.060(a)(1). If there is a showing of

materiality to the preparation of the defense, the court can order

discovery other than in the written discovery exhibit. Rule 8.060(a)(5).

Upon application, the court may deny or partially restrict disclosure

authorized by Rule 8.060 if it finds there is a substantial risk to any

person of physical harm, intimidation, bribery, economic reprisals, or

unnecessary annoyance or embarrassment resulting from such

disclosure, which outweighs any usefulness of the disclosure to the party

requesting it. Rule 8.060(c)(1). See General Topics for more information

on the discovery process.

• Rules of Evidence

The rules of evidence applied in criminal cases are applied in

delinquency cases. § 985.35(2). A child charged with a delinquent act or

violation of the law is afforded all rights against self-incrimination.

§ 985.35(2)(c). Evidence illegally seized or obtained shall not be admitted

into evidence to establish the allegations against the child.

§ 985.35(2)(c). See General Topics for more information on common

evidence issues.

• Child Allowed to Testify and Introduce Evidence

The child may testify on his or her own behalf and introduce evidence.

§ 985.35(2)(b). The child may be cross-examined like other witnesses,

Rule 8.110(d), and may cross-examine witnesses. § 985.35(2)(b). No child

can be compelled to give testimony against him- or herself, and no

prosecuting attorney can comment on any such failure to testify. Rule

8.110(d).

• Right to a Closing Argument

All children have the right to a closing argument. However, the order in

which the child and the state present their closing arguments may vary,

depending on whether the child has presented any evidence or offered

any testimony other than his or her own. If the child has presented

evidence or testimony other than his or her own, the state presents the

first closing argument (and the rebuttal closing argument), and the child

presents the second closing argument.

If, however, the child has presented no testimony or evidence other than

his or her own, the child is entitled to present the initial closing

argument and a rebuttal argument. Rule 8.110(d). The state is allowed to

present the second closing argument.

In D.B. v. State, 979 So. 2d 1119 (Fla. 3d DCA 2008), the court held that

D.B., who presented no evidence nor offered any testimony other than

his own, was entitled to present the first and final closing arguments;

this is held to be different than adult criminal prosecutions, where the

State is entitled to give the first and reply closing arguments, per Fla. R.

Crim. P. 3.381. The court further held that this right is a vested

procedural right.

Delinquency Determination

• If Delinquency is not Proven

If the allegations in the petition have not been proven beyond a

reasonable doubt, dismiss the case and discharge the child. § 985.35(3);

Rule 8.110(f).

• If Delinquency is Proven

If the allegations in the petition have been proven beyond a reasonable

doubt, the court must enter an order finding the child delinquent and

state the facts upon which the finding is made. The content of the order

and the process to be followed will depend upon whether the court elects

to withhold adjudication pursuant to § 985.35(4) or to adjudicate the

child delinquent pursuant to § 985.35(5).

• Withholding Adjudication

The court may, in its discretion, enter an order stating the facts upon

which its finding is based but withhold adjudication. § 985.35(4). Upon

withholding adjudication, the court may place the child in a probation

program under the supervision of DJJ and impose a variety of conditions

on the child. § 985.35(4)(a). If the child fails to comply, the court may,

after a hearing on noncompliance, enter an adjudication of delinquency.

§ 985.35(4)(c).

Withholding adjudication may be beneficial because a withholding will

increase judicial efficiency and may allow the court an opportunity to

demonstrate leniency for uncharacteristic behavior. Additionally, it could

preclude the child from the collateral consequences of an adjudication.

(See Burgoon, Brian. Withhold of Adjudication: What Everyone Needs to

Know. Florida Bar Journal (Jan-Feb 2021).)

• Order of Adjudication

If the court finds the child has committed a delinquent act or violation of

the law, and does not elect to withhold adjudication, the court shall

incorporate that finding into an order of adjudication of delinquency,

stating the facts upon which the finding is made. § 985.35(5). If the child

is adjudicated delinquent, the court must then decide disposition. If the

pre-disposition report is available, the court may immediately proceed to

disposition or continue the case to a disposition hearing. Rule 8.110(g). If

a predisposition report is not ready, the court will continue the case and

refer the child to the appropriate agency or agencies for a study and

recommendation. Rule 8.110(g). An adjudication of delinquency shall not

be deemed to be a conviction, nor will the child be deemed to be a

criminal by reason of that adjudication. § 985.35(6).

• Written Finding if Child is in a Public School

Regardless of whether adjudication is withheld, if the child is attending

public school and the victim or victim’s sibling also attends that school,

the court must make a written finding under § 985.455(2). The court

must determine whether a no contact order in favor of the victim or

victim’s sibling is appropriate. If the court finds that it is appropriate,

and if the victim or victim’s representative finds it appropriate, the court

may reflect such determinations in writing or in open court and include a

statement that the victim or victim’s representative did not object to the

offender child being permitted to attend the same school or riding the

same bus as the victim or victim’s siblings. § 985.455(2).

• Degrees of Offenses Included

If the petition alleges more than one offense, the court shall state in its

order which offense or offenses it finds the child committed. Rule

8.110(i). If the petition alleges an offense or offenses that are divided into

degrees, the court may find that the child committed an offense of the

degree alleged or of any lesser degree. Rule 8.110(h). The court may find

that the child committed an attempt to commit the offense if the attempt

is an offense and is supported by the evidence, or may find any

necessarily included or lesser included offense of the offense charged in

the petition and supported by the evidence. Rule 8.110(j).

• Motion for Judgment of Dismissal. Rule 8.110(k).

At the close of the petitioner’s evidence, the court may dismiss the

petition on its own or on motion by the state attorney or the child if the

court finds the evidence insufficient to establish a prima facie case of

delinquency. When making such a determination, the court must view

the evidence in the light most favorable to the State.

Custody Pending Disposition

If the case is continued pending a disposition hearing, the court may order

the child detained. Rule 8.110(g). However, the court must place in

detention care all children who are adjudicated delinquent and awaiting

placement in a commitment program. § 985.27.

Advise of Right to Appeal

An appeal from an adjudicatory order may be taken to the appropriate

district court within the time and manner prescribed in § 924.051 and Fla.

Rules of Appellate Procedure by the child, parent or guardian, or the state. §

985.534(1).

In L.B. v. State, 10 So. 3d 1161 (Fla. 3d DCA 2009), the court held, “To

preserve an issue for appeal, a litigant must make a timely,

contemporaneous objection, stating a legal ground for that objection. The

purpose of the rule is to ‘place the trial judge on notice that error may have

been committed, and provide him an opportunity to correct it at an early

stage of the proceedings.’(citing Harrell v. State, 894 So. 2d 935 (Fla. 2005)

at 340).” (Emphasis added.)

Set Disposition Hearing

• Generally

A predisposition report must be ordered by the court for any child for

whom a residential commitment disposition is anticipated or

recommended by an officer of the court or DJJ. Evaluation shall be

ordered for any child for whom residential commitment disposition is

anticipated or recommended. § 985.185(1). The court may order any

additional reports that may be necessary. § 985.185(2). A child who was

not in secure detention at the time of the adjudicatory hearing, but for

whom residential commitment is anticipated or recommended, may be

placed under a special detention order for a period not to exceed 72

hours under § 985.26(5) for the purpose of conducting a comprehensive

evaluation. § 985.43(1). This special detention order may be extended of

an additional 73 hours upon further order of the court.

• If Report is Unavailable

If the predisposition report is unavailable at the time of the adjudicatory

hearing, the court will continue the case for a disposition hearing until

such a time as the report is available. Rule 8.110(g). The court should

refer the child to the appropriate agency for a study and

recommendation. Rule 8.110(g). A child may not be held in detention

care for more than 15 days following the entry of an order of

adjudication. § 985.26(3).

Requirements for a Written Order of Adjudication

The court order must be in writing and shall contain findings of fact

as required by law. Rule 8.055.

o Name and age. State the name and age of the child.

o Waiver of Counsel. If counsel was waived, make finding that the

waiver was knowing, voluntary, and intelligent.

o Detention directions. Direct the detention of the child pending

disposition and state the reasons therefore or, if appropriate, order

the release of the child and return to his or her nonresidential

commitment program.

o Finding of Adjudication. If the child was found not to have

committed a delinquent act, make a finding stating the facts on which

the finding is based and order the release of the child. If the child was

found to have committed a delinquent act, make a finding and order

the child adjudicated delinquent, or withhold adjudication and briefly

state the facts upon which the finding is made. § 985.35(5).

o Specify offenses. If the petition alleges more than one offense or an

offense divided into degrees, specify which offense or offenses the

child was found to have committed. Rule 8.110(i).

o Release instructions. Except as provided in §§790.22(8) or 985.27,

when a child is placed into secure or supervised release care, or into a

respite home or other placement pursuant to a court order following a

hearing, the court order must include specific instructions that direct

the release of the child from such placement no later than 5:00 p.m.

on the last day of the period specified in § § 985.26 or 985.27,

whichever is applicable, unless the requirements of the applicable

provision have been met or an order of continuance has been granted

under § 985.26(4).

o Finding of cost. The court must make a finding regarding cost or

supervision and care, or make a finding as to any reduction or waiver

of cost, including therein the reasons for such a finding. § 985.039.

When a child is placed into supervised release detention, probation, or

other supervised status with DJJ, or when a child is committed to a

minimum-risk non-residential restrictiveness level, order the parent

or guardian to pay one dollar ($1.00) per day to DJJ for each day the

child is in that status. § 985.039(1)(a).

If a child is placed in secure detention or placed on committed status

and DJJ acquires temporary legal custody of the child, order the

parent or guardian to pay five dollars ($5.00) per day to DJJ for each

day the child is in that status. § 985.039(1)(b).

If the court fails to include in the order information regarding cost of

supervision and care, the parent is deemed to have an obligation to

pay DJJ one dollar ($1.00) per day for each day the child is under the

supervision of DJJ and five dollars ($5.00) per day for each day the

child remains in the care of DJJ. § 985.039(5). See General Topics for

more information on costs.

o Set next hearing if applicable.

DISPOSITION HEARING AT A GLANCE

RELEVANT STATUTES

& RULES

Florida Statutes §§ 27.52; 90.6063; 318.143; 790.22;

938.03; 985.0301; 985.033; 985.035; 985.036; 985.039;

985.255; 985.26; 985.27; 985.35; 985.43; 985.433;

985.435; 985.437; 985.441; 985.455; 985.46; 985.601;

985.721

Fla. R. Gen. Prac. & Jud. Admin. 2.560

Rules of Juvenile Procedure 8.010; 8.015; 8.030; 8.031;

8.055; 8.100; 8.110; 8.115; 8.165; 8.947

Rules for Certification and Regulation of Court

Interpreters 14.100

PURPOSE OF HEARING

The purpose of the disposition hearing is for the court to

consider reports, recommendations, and other evidence

to determine the disposition of the case.

TIME FRAME

The disposition of the case shall be held once the child

has been found to have committed a delinquent act.

RULES OF EVIDENCE

Court may receive any relevant and material evidence

helpful in determining the proper disposition. The court

may rely upon such evidence to the extent of its

probative value, even if it is not competent in an

adjudicatory hearing. Rule 8.115(a).

RIGHT TO COUNSEL

The court must advise the child of his or her right to

counsel and determine whether the right is understood.

§ 985.033; Rule 8.165(b). The court must also determine

whether the child and the child’s parents are indigent. If

so, the court must advise of the right to have counsel

appointed in accordance with § 27.52. If counsel is

waived, the court must determine whether the waiver is

knowing, intelligent, and voluntary. § 985.033(1); Rule

8.165.

DISPOSITION HEARING BENCHCARD

Generally

• Determine whether an interpreter is needed to facilitate communications

at the hearing.

• Verify that the proceeding is being recorded or transcribed.

• Explain to the child that the purpose of the disposition hearing is for the

court to consider reports, recommendations, and other relevant and

material evidence to determine the disposition of the case.

• Have all the parties identify themselves for the record with their full name

and permanent address. Advise the parties that the court will use the

addresses provided for notice purposes unless otherwise notified in

writing.

• Determine whether the parents/legal guardians are present or absent.

• If parents/legal guardians are absent, request that DJJ give a thorough

description of the steps taken to locate the parents and provide them

notice of the detention hearing.

• Determine whether the child, or his or her family, is involved in other

court proceedings and if a Notice of Related Cases form as required by

Rule 2.545(d) and Rule 8.003 is, or should be, filed in the case. Consider

how to consolidate or coordinate any related cases.

Advise of Rights

• Determine whether the child is represented by counsel.

• If the child appears without counsel, advise the child of their right to

counsel, and determine whether the right is understood.

• If the child and his or her parents are indigent, advise the child that he or

she has the right to have counsel appointed. The court shall appoint

counsel unless waived by the child in writing. Waiver of counsel can occur

only after the child has had a meaningful opportunity to confer with

counsel regarding the child’s right to counsel, the consequences of waiving

counsel, and any other factors that would assist the child in making the

decision to waive counsel.

• If counsel is waived, determine if the waiver is knowing, intelligent, and

voluntary.

• Advise the child of his or her right to remain silent, and that anything the

child says can be used against him or her.

Review Predisposition Report

• The court must consider the predisposition report.

• In addition to the predisposition report, the court must consider the

underlying comprehensive assessment and records of earlier judicial

proceedings.

• The court may also withhold adjudication, place the child in a probation

program, and impose penalty components such as restitution, community

service, or other nonresidential punishment appropriate to the offense.

Adjudication and Commitment Determination

• The first determination the court must make its determination of

suitability for adjudication and commitment of the child to the

department.

• The court may, in its discretion, enter an order stating the facts upon

which its finding is based but withholding adjudication of delinquency.

• If adjudication is withheld, the court may still place the child on probation

under the supervision of the Department (or other appropriate entity) and

impose offense-appropriate penalties and rehabilitative components.

• If the court adjudicates the child delinquent, the court must then decide

whether commitment or probation is most appropriate.

• If the court commits the child to the department, DJJ will recommend to

the court a placement level and individualized treatment plan for the child.

• The court must include a penalty component in a probation program for a

child adjudicated delinquent.

• The court may order a child adjudicated delinquent to make restitution, or

the court may order the parent or guardian to make restitution.

• The court may also order the child be placed on post-commitment

probation.

• The court may order conditional release services to promote rehabilitation.

• The court must order other penalties if the child is adjudicated for offenses

involving firearms and offenses involving alcohol consumption.

• Verify that the child understands what is being ordered, how it will affect

the child, and what will be expected of him or her. Explain the terms of

disposition clearly and in language the child can understand.

Detention Pending Commitment

Children committed to a residential program must be placed into some form of

detention care pending placement into the residential program. Requirements for

a written order of disposition:

• State the name and address of the child or, if unknown, designate the

child by a name or description that can identify the child with reasonable

certainty.

• State the disposition of each count specifying the charge, the degree of

offense, and the maximum penalty defined by statute.

• If counsel is waived, make findings that the waiver was knowing,

voluntary, and intelligent.

• State general and specific conditions or sanctions, including any

restitution or probation provisions.

• Make findings as to the disposition of the child.

• State the date and time when issued, and the country and court where

issued.

• The child’s fingerprints shall be affixed to the order of disposition.

• State the period of the disposition.

• State whether the court retains jurisdiction over discharge

DISPOSITION HEARING OUTLINE

Generally

• Interpreter Determination

Determine whether an interpreter is needed to facilitate communications

in the hearing process. Check for prior notification of the need for

services. If an interpreter has already been selected and is available at

the proceeding, verify that the interpreter can readily communicate with

the person in need of services and can repeat and translate

communication easily. § 90.6063(6); Rule 2.560. If an interpreter has not

been pre-selected, work with court administration to provide a certified

or duly qualified interpreter. § 90.6063(3)(b); Rule 14.100. If no qualified

interpreter is available, the court may appoint an interpreter not

qualified or certified if the court finds that good cause exists for the

appointment of a non-qualified interpreter, such as burdensome delay or

other unusual circumstance, and the proposed interpreter is competent

to interpret. Rule 2.560(e)(3). Verify that the child knows that he or she is

allowed to object to the proposed appointment of an interpreter not

qualified or certified. See General Topics for more information on

interpreters.

• Recording

A record of all hearings must be made by an official court reporter, a

court approved stenographer, or a recording device. Rule 8.100(f).

• Purpose

Explain to the child that the purpose of the disposition hearing is for the

court to consider reports, recommendations, and other relevant and

material evidence to determine the disposition of the case. All parties

present have the right to be heard. For purposes of disposition, this

includes parents, guardians, legal custodians, child’s counsel, state

attorney, DJJ representatives, the victim or victim’s representative,

representatives of the school system, and law enforcement officers

involved in the case. I.H. v. State, 584 So. 2d 230 (Fla. 5th DCA 1991).

The disposition hearing is akin to the sentencing hearing in criminal law

and follows either a court finding that the juvenile committed a

delinquent act or a plea of guilty or nolo contendere was entered. The

court has a wide range of disposition options ranging from a judicial

warning, probation only, commitment to a licensed child caring-agency,

or commitment to DJJ.

• Identify Those Present

Identify those present and their relationship to the case. The parties

should identify themselves for the record. Delinquency hearings are open

to the public unless the court finds that it is in the child’s best interest to

restrict those in attendance. § 985.035.

• Notice Assessment

If the parents or guardians have been identified and are absent from the

proceeding, determine what steps were taken to locate and provide notice

of the detention hearing. A representative from the agency responsible for

serving notice on the parents or guardians must perform a diligent

search following a detailed and thorough list of sources he or she must

check before he or she can report the failure to notice. See General

Topics for more information on the diligent search requirement.

The nonattendance by a parent or guardian may require the continuance

of the disposition hearing. If the court orders the child to pay monetary

restitution, it is done through a promissory note cosigned by the parents

or guardians. § 985.437(2). Additionally, the state may seek restitution or

community service by the child’s parents; a separate petition called a

“Petition for Parental Sanctions” must be filed with the court, and the

parents or guardians must be served. Rules 8.030(b) and 8.031. If either

of these situations has occurred, a lack of service or a failure to appear

may be grounds for a continuance of the hearing, if a party can show

good cause for the continuance. Rule 8.100(e).

Victims and their family members or lawful representatives have a right

to be informed of, to be present during, and to be heard when relevant at,

all crucial stages of proceedings involving the accused juvenile.

§ 985.036.

• Other Proceedings Determination

Determine whether the child is involved in other court proceedings.

Form 8.929. If the court is a UFC, consider consolidating the cases or

hearing them together.

Advise of Rights

• Right to be Represented by Counsel

Determine whether the child is represented by counsel. If the child

appears without counsel, advise the child of the right to counsel. Section

985.033 requires that the child must be advised of the right to counsel at

all stages of any delinquency court proceeding.

Determine whether the right to counsel is understood. The court must

inquire whether the child understands this right. Rule 8.165(b)(2). No

waiver may be accepted if it appears that the child is unable to make an

intelligent and understanding decision due to mental condition, age,

education, experience, the nature of the case, or other factors. Rule

8.165(b)(4).

Determine whether the child and the child’s parents or guardians may be

considered indigent. If the clerk of court has not made a determination of

indigency status at or before the time of the hearing, the court must

make a preliminary determination of indigent status, pending further

review by the clerk, and may, by court order, appoint a public defender. §

27.52(3). A person seeking an appointed counsel based on an inability to

pay must apply to the clerk of court for indigent status using the

standard application form. § 27.52(1).

If indigent, advise of the right to have counsel appointed. The child must be

advised that, if indigent, he or she has the right to have counsel appointed by

the court in accordance with §§ 27.52 and 985.033(4).

If counsel is waived, determine if the waiver is made knowingly,

intelligently, and voluntarily. Section 985.033(1) requires that a child

must be represented by legal counsel at all stages of all juvenile court

proceedings unless the right is knowingly, freely, and intelligently waived

by the child. The court must inquire to determine whether the right is

knowingly, freely, and intelligently waived by the child; waiver of counsel

can occur only after the child has had a meaningful opportunity to confer

with counsel regarding the right to counsel and consequences of waiving

counsel. Rule 8.165(a). Waiver of counsel must be on the record. Rule

8.165(a). If a waiver of counsel is accepted at any stage of the

proceedings, the offer of counsel must be renewed by the court at each

subsequent proceeding at which the child appears without counsel. Rule

8.165(b)(5). If an attorney-client relationship is discontinued, the court

must advise the child of the right to have new counsel retained or

appointed for the remainder of the proceedings. § 985.033(1).

• Right to Communicate

Unlike the detention hearing, the child has no explicit right to

communicate with an absent parent or guardian during the disposition

hearing. However, some courts have attempted to maintain flexibility

with regard to the hearing when a child desires the presence of an absent

parent or wishes to communicate with an absent parent. These practices

are not codified in statute or rule; as such, they are simply promising

practices the court may engage in when a child desires to communicate

with an absent parent or guardian at a hearing where there is no explicit

right to communicate. Promising practices that allow the child an

opportunity to communicate with an absent parent include:

o Providing a telephone to facilitate communication if a parent is

available telephonically;

o Delaying the hearing for a later time on the same day to allow a

parent time to attend the hearing, if a parent cannot attend the

hearing due to an unchangeable schedule obligation such as work; or

o Continuing the hearing to another day to allow the parent an

opportunity to attend the hearing if a parent cannot attend the

hearing due to an unchangeable schedule obligation such as work.

Review Predisposition Report

• Consider Predisposition Report

The court must consider the predisposition report. The predisposition is

prepared by the juvenile probation officer and contains DJJ’s

recommendations for disposition and, if prepared, must be submitted to

the court no less than 48 hours prior to the disposition hearing.

§ 985.43(3). A predisposition report is required when residential

commitment is anticipated. § 985.43(1)(a). The child, the child’s attorney,

the child’s parent or custodian, and the state attorney are entitled to

disclosure of all information contained in the predisposition report and

all reports and evaluations used in the preparation. Rule 8.115(c).

However, the predisposition report cannot be reviewed by the court

without the consent of the child until the child has been found to have

committed a delinquent act. § 985.43(3). The predisposition report may

be relied upon to the extent of its probative value, even though not

competent in an adjudicatory hearing. Rule 8.115(a).

• Consider Other Records

The court must consider the child’s entire assessment, the predisposition

report, the educational needs assessment, and records of earlier judicial

proceedings pursuant to § 985.43(2). The court may also order additional

evaluations as necessary and consider any relevant and material

evidence that may be helpful to determine the proper disposition.

Evidence may be relied upon to the extent of its probative value even if

this evidence would not be competent at an adjudicatory hearing. Rule

8.115(a).

• Before Determining Disposition

Before determining disposition, the court must:

o State clearly, using common terminology, the purposes of the hearing

and the right of those present to comment at appropriate times;

o Discuss with the child his or her compliance with any plan imposed

since the date of the offense;

o Discuss with the child his or her feelings about the offense

committed, the harm done, and what penalty he or she should face

for the offense; and

o Give all parties, as well as the victim or representative, an opportunity

to comment on the issue of disposition and any proposed

rehabilitative actions. § 985.433(4)(a)-(d).

• Determine Disposition

Once the court has considered the predisposition report and all the

evidence, determine disposition. § 985.433. The court must determine

what program best meets the needs of the child and the public safety.

§ 985.433(9). The court has the option to adjudicate the child delinquent

and commitment of the child to the Department; or Under

§ 985.35(4)(a), the court may withhold adjudication and place the child

in a probation program and may impose other penalty components as a

condition of the program.

Commitment Determination

• Suitability of Adjudication Determination

The first determination the court must make is a determination of

suitability for adjudication and commitment of the child to the

department. § 985.433(6). The determination shall include a

consideration of the information presented by all parties, including but

not limited to the predisposition report, the nature and circumstances of

the delinquent act, and the child’s educational status. The court has

substantial discretion whether to place the child on probation or, in the

alternative, to order the child committed to the department. J.B.S. v.

State, 90 So. 3d 961 (Fla.1

DCA 2012).

• Determine Commitment

The court uses the predisposition report, along with other materials and

evidence, in the disposition hearings. The court may, by an order stating

the facts upon which a determination of a sanction and rehabilitative

program was made at the disposition hearing:

o Commit the child to a licensed child-caring agency willing to

receive the child; however, the court may not commit the child to a

jail or to a facility used primarily as a detention center or facility or

shelter.

o Commit the child to the department at a restrictiveness level

defined in s. 985.03. Such commitment must be for the purpose of

exercising active control over the child, including, but not limited

to, custody, care, training, monitoring for substance abuse,

electronic monitoring, and treatment of the child and release of the

child from residential commitment into the community in a

postcommitment nonresidential conditional release program.

o Commit the child to the department for placement in a program or

facility for juvenile sexual offenders in accordance with s. 985.48,

subject to specific appropriation for such a program or facility.

§ 985.441(1).

DJJ has four restrictiveness levels depending on the program needs and

required supervision of the child, as defined in § 985.03(44)(a)-(d): (a)

minimum-risk nonresidential, (b) nonsecure residential, (c) high-risk

residential, and (d) maximum-risk residential.

When a child commits a misdemeanor, or if a child is currently on

probation for a misdemeanor, the court may not commit the child for any

misdemeanor offense or any probation violation that is technical in

nature and not a new violation of law at a restrictiveness level other than

minimum-risk nonresidential. However, the court may commit such

child to a nonsecure residential placement if:

o The child has previously been adjudicated or had adjudication

withheld for a felony offense;

o The child has previously been adjudicated or had adjudication

withheld for three or more misdemeanor offenses within the

previous 18 months;

o The child is before the court for disposition for a violation of §

800.03, § 806.031, or § 828.12; or

o The court finds by a preponderance of the evidence that the

protection of the public requires such placement or that the

particular needs of the child would be best served by such

placement. Such finding must be in writing.

§ 985.441(2)(a-b).

DJJ will recommend to the court a placement level and individualized

treatment plan for the child, which the court must consider before

deciding the commitment of the child. § 985.433(6). The court may

commit the child to the level recommended by DJJ, or it can reject the

recommendation. § 985.433(7)(b). The court can deviate from the

recommendation; if it does so, it must follow § 985.433(7)(b) and the

Florida Supreme Court’s ruling in E.A.R. v. State, 4 So. 3d 614 (Fla.

2009). The court may not direct DJJ to place a child at a specific facility.

Dept. of Juvenile Justice v. K.B., 784 So. 2d 556 (Fla. 1st DCA 2001). The

court can only order the commitment level.

In E.A.R. v. State, 4 So. 3d 614 (Fla. 2009), the court held that, if lower

courts wanted to diverge from the recommendations of DJJ, the juvenile

court must:

“articulate an understanding of the respective characteristics of the

opposing restrictiveness levels, including, but not limited to, the type of

child that each restrictiveness level is designed to serve, the potential

“lengths of stay” associated with each level, and the divergent treatment

programs and services available to the juvenile at these levels; and

logically and persuasively explain why, in light of these differing

characteristics, one level is better suited to serving both the rehabilitative

needs of the juvenile, in the least restrictive setting, and maintaining the

ability of the State to protect the public from further acts of delinquency.”

• Minimum-risk nonresidential. Programs or program models work with

the child who remains in the community and participates at least 5 days

per week in a day treatment program. A child assessed and classified for

a minimum-risk nonresidential program represents a minimum risk to

himself/herself and to public safety and does not require placement and

services in residential settings. A child in this level has full access to and

resides in the community. However, a child who was found to have

committed delinquent acts that involved firearms, that were sexual

offenses, or that would have been life felonies or first-degree felonies if

committed by an adult may not be committed to a program at this level.

• Nonsecure residential. Programs at this commitment level are

residential but may allow the child to have unsupervised access to the

community. Facilities are either environmentally secure, staff secure, or

hardware-secure with walls, fencing, or locking doors. Facilities at this

commitment level shall provide 24-hour awake supervision, custody,

care, and treatment of residents. A child assessed and classified for

placement in programs at this commitment level represents a low or

moderate risk to public safety and requires close supervision. The staff at

the facility at this commitment level may seclude a child who is a

physical threat to him or herself or others. Mechanical restraint may also

be used when necessary.

• High-risk residential. At this commitment level, programs are

residential and do not allow the child to have access to the community,

except at that temporary release providing community access for up to

72 continuous hours may be approved by a court for a child who has

made successful progress in his or her program in order for him or her to

attend a family emergency or, during the final 60 days of his or her

placement, to visit his or her home, enroll in school or a vocational

program, complete a job interview, or participate in a community service

project. High-risk residential facilities are hardware-secure with

perimeter fencing and locking doors. Facilities provide 24-hour awake

supervision, custody, care, and treatment of residents. A child assessed

and classified for high-risk residential placement requires close

supervision in a structured residential setting. Placement in programs at

this level is prompted by a concern for public safety that outweighs

placement in programs at lower commitment levels. The staff at a facility

at this commitment level may seclude a child who is a physical threat to

him or herself or to others. Mechanical restraint may also be used when

necessary. The facility may provide for single-cell occupancy.

• Maximum-risk residential. Programs at this commitment level include

juvenile correction facilities and juvenile prisons. The programs are long-

term residential and do not allow the child to have access to the

community. Facilities are maximum-custody, hardware-secure with

perimeter security fencing and locking doors. Facilities provide 24-hour

awake supervision, custody, care, and treatment of residents. The staff at

a facility at this commitment level may seclude a child who is a physical

threat to him or herself or to others. Mechanical restraint may also be

used when necessary. The facility must provide for single-cell occupancy,

except that children may be housed together during prerelease

transition. A child assessed and classified for this level of placement

requires close supervision in a maximum-security residential setting.

Placement in a program at this level is prompted by a demonstrated need

to protect the public.

• Period of Commitment

The period of commitment is indeterminate but cannot exceed the

maximum adult sentence for the same offense. § 985.455(3). This allows

DJJ to retain the child in an appropriate commitment placement until

rehabilitation is achieved. However, for some offenders, such as a sex

offender or juvenile prison commitment, jurisdiction is until 21 years of

age. § 985.0301(5).

DJJ commitments have varying levels of restrictiveness. Restrictiveness

level means the level of programming and security provided by programs

that service the supervision, custody, care, and treatment needs of

committed children.

The duration cannot exceed the time that could be imposed for which an

adult sentence could be imposed, except that for misdemeanors of the

second degree, probation may be imposed for up to 6 months.

§ 985.455(3).

The court may also order the child to be lace on post-commitment

probation following the discharge from commitment. § 985.433(7)(c).

Also, the court may suspend imposition of the second degree, and

probation may be imposed for up to 6 months. § 985.455(4).

• Probation

The court may include a probation program for a child adjudicated

delinquent. § 985.435, however, more often, adjudication is withheld

when the child is placed on probation. Juvenile probation is an

individualized program that includes both a penalty and a rehabilitative

component. § 985.435(2)-(3). The probation must include treatment

designed to achieve rehabilitation, such as substance abuse treatment,

required school attendance, educational or work programs, counseling,

and community-based programs for youths. § 985.435(3). A probation

program may also include an alternative consequence component to

address instances in which a child is noncompliant with technical

conditions of his or her probation but has not committed any new

violations of law. § 985.435(4). A mandatory $50.00 victim’s crime

compensation trust fund fee must be imposed regardless of whether

adjudication is withheld. § 938.03(1). The court may impose any special

condition of probation as long as it bears a relationship to the crime,

relates to conduct, which is in itself criminal, or requires or forbids

conduct which is reasonably related to future criminality. J.R.M. v. State,

228 So. 3d 1147 (Fla. 4th DCA 2017). The court may impose electronic

monitoring as a condition of juvenile probation. T.S. v. State, 682 So. 2d

1202 (Fla. 4th DCA 1996). An order of probation is indeterminate but

cannot extend beyond the child’s 19th birthday. § 985.0301(5)(b).

The court may conduct judicial review hearings for a child placed on

probation to foster accountability and determine that the child is

complying with the probation requirements. § 985.435(6). The court may

also allow for early termination of the probation for a child who has

substantially complied with the terms of the probation.

§ 985.435(6).

• Restitution

The court may order a child adjudicated delinquent (or where

adjudication has been withheld) to make restitution or order the parent

or guardian to make restitution. § 985.437. The court may order the

child to make restitution in money through a promissory note cosigned

by the parents or in kind for damages or loss caused by the offense.

§ 985.437(2).

• Conditional Release Services

The court may order conditional release services to promote

rehabilitation. § 985.46. These services can contribute to a successful

transition of a delinquent child from commitment back into the child’s

community and, thus, should be included in the continuum of care.

§ 985.46(1).

• Offenses Involving Firearms

If the child is adjudicated for an offense involving the use or possession

of a firearm and is not committed to DJJ, the court must order, in

addition to any other penalty, at least 15 days in secure detention, 100

hours of community service, and placement on probation or in a

nonresidential community program for a first offense. § 790.22(9). The

court must order at least 21 days of secure detention and 100-200 hours

of community service and may be placed on community control or in a

nonresidential commitment program. For a second offense, the minor

shall serve a mandatory period of detention of at least 21 days in a

secure detention facility; and perform not less than 100 nor more than

250 hours of community service; and may be placed on community

control or in a nonresidential commitment program. § 790.22(9). In

addition, the child’s driver’s license must be revoked or withheld for up

to one year for a first offense and up to 2 years for a second or

subsequent offense. § 790.22(10). The child does not get credit for time

already served in secure detention. § 790.22(9)(b).

• Offenses Involving Alcohol

Children who violate the alcohol statute prohibiting persons less than 21

years of age from drinking alcohol are required to have their driver’s

license revoked or withheld until they turn 18 years of age for the first

offense and until they turn 21 years of age for a second or subsequent

offense. § 318.143(4).

Detention Pending Commitment

Children committed to a residential program must be placed into some form

of detention care pending placement into the residential program, § 985.27.

Requirements for a Written Order of Disposition

• The court order must be in writing and must set forth the facts

upon which the finding that the child committed a delinquent

act is based. Rule 8.055. The Florida Supreme Court has an

approved form available for use, Form 8.947.

o Name and address. State the name and address of the child or, if

unknown, designate the child by a name or description that can

identify the child with reasonable certainty. Rule 8.115(d)(1).

o Date and time. Specify the date and time when issued and the

county and court where issued. Rule 8.115(d)(5).

o Waiver of Counsel. If counsel waived, make finding that the

waiver was knowing, intelligent, and voluntary.

o Detention directions. Direct the detention of the child and state

the reasons supporting such or, if appropriate, order the release of

the child and return to his or her nonresidential commitment

program.

o Findings of fact. Make all findings of fact required by law. Rule

8.115(d)(4).

o Specify offenses. If the petition alleges more than one offense or

an offense divided into degrees, the court must specify of which

offense or offenses the child has been adjudicated delinquent. Rule

8.110(i).

o Disposition. State the disposition of each count, specifying the

charge title, degree of offense, and maximum penalty defined by

statute and specifying the amount of time served in secure

detention before disposition; and state general and specific

conditions or sanctions. Rule 8.115(d)(2)-(d)(3).

o Determination of gang membership. Include any determination

that the child was a member of a street gang. § 985.433(7). Such a

determination must be given “great weight” in identifying the

appropriate level of restrictiveness. § 985.433(7)(a).

o Finding of cost. The court must make a finding regarding cost or

supervision and care, or make a finding as to any reduction or

waiver of cost, including therein the reasons for such a finding.

§ 985.039. When a child is placed into supervised release

detention, probation, or another supervised status with DJJ, or

when a child is committed to a minimum-risk non-residential

restrictiveness level, order the parent or guardian to pay one dollar

($1.00) per day to DJJ for each day the child is in that status. §

985.039(1)(a).

o If a child is placed in secure detention or placed on

committed status and DJJ acquires temporary legal custody

of said child, order the parent or guardian to pay five dollars

($5.00) per day to DJJ for each day the child is in that

status. § 985.039(1)(b).

o If the court fails to include in the Detention Order

information regarding the cost of supervision and care, the

parent is deemed to have an obligation to pay DJJ one dollar

($1.00) per day for each day the child is under the

supervision of DJJ and five dollars ($5.00) per day for each

day the child remains in the care of DJJ. § 985.039(5).

The child’s fingerprints must be affixed to the order of disposition. Rule

8.115(e).

Note: As of July 1, 2021, § 985.435 requires each judicial circuit to develop, in

consultation with judges, the state attorney, the public defender, the regional

counsel, relevant law enforcement agencies, and the department, a written plan

specifying the alternative consequence component which must be based upon

the principle that sanctions must reflect:

• the seriousness of the violation

• the assessed criminogenic needs and risks of the child

• the child's age and maturity level, and

• how effective the sanction or incentive will be in moving the child to

compliant behavior.

The alternative consequence component is designed to provide swift and

appropriate consequences or incentives to a child who is alleged to be

noncompliant with or in violation of any noncompliance with technical

conditions of probation. If the probation program includes this

component, specific consequences that apply to noncompliance with

specific technical conditions of probation, as well as incentives used to

move the child toward compliant behavior, must be detailed in the

disposition order.

VIOLATION OF PROBATION HEARING AT A GLANCE

RELEVANT STATUTES &

RULES

Florida Statutes §§ 27.52; 90.6063; 790.22; 985.033;

985.035; 985.039; 985.101; 985.245; 985.255; 985.26;

985.27; 985.433; 985.435; 985.437(2); 985.439

Fla. R. Gen. Prac. & Jud. Admin. 2.560

Rules of Juvenile Procedure 8.010; 8.015; 8.030; 8.031;

8.100; 8.110; 8.115; 8.120; 8.165; 8.929; 8.947

Rules for Certification and Regulation of Court

Interpreters 14.100

PURPOSE OF HEARING

The purpose of the violation of probation hearing is to

determine whether the child violated the terms and

conditions of his or her probation or conditional release.

TIME FRAME

Violation of Probation hearing must be within the time

limits set out in § 985.255.

BURDEN OF PROOF

The petitioner must prove the allegations of the violation

of probation petition filed by the JPO. The burden of proof

is by a preponderance of the evidence.

RULES OF EVIDENCE

The court is not required to follow the strict rules of

evidence and may consider affidavits and other

documents as are relevant, even though that evidence

may not be admissible in a criminal trial.

RIGHT TO COUNSEL

The court must advise the child of his or her right to

counsel and determine whether the right is understood. §

985.033; Rule 8.165(b). The court must also determine

whether the child and the child’s parents are indigent. If

so, the court must advise of the right to have counsel

appointed in accordance with § 27.52. If counsel is

waived, the court must determine whether the waiver is

knowing, intelligent, and voluntary. § 985.033; Rule

8.165.

VIOLATION OF PROBATION HEARING BENCHCARD

Generally

• Determine whether an interpreter is needed to facilitate communications

in the hearing process.

• Verify that the proceeding is being recorded or transcribed.

• Explain to the child that the purpose of the violation of probation hearing

is to determine whether the child has violated the terms and conditions

of his or her probation or conditional release.

• Place the child and any witnesses under oath.

• Have all the parties identify themselves for the record with full name and

permanent address. Advise the parties that the court will use the

addresses provided for notice purposes unless otherwise notified in

writing.

• Determine whether the parents/legal guardians are present or absent.

• If parents/legal guardians are absent, request that DJJ give a thorough

description of the steps taken to locate the parents and provide them

notice of the detention hearing.

• Determine whether the child is involved in other court proceedings. If the

court is a UFC, consider consolidating the cases or hearing them

together.

Advise the Child of Rights

• Determine whether the child is represented by counsel.

• If the child appears without counsel, advise the child of the right to

counsel and determine whether the right is understood.

• If indigent, advise of the right to have counsel appointed. The court shall

appoint counsel unless waived by the child. Waiver of counsel can only

occur after the child has had a meaningful opportunity to confer with

counsel regarding the child’s right to counsel, the consequences of waiving

counsel, and any other factors that would assist the child in making the

decision to waive counsel. This waiver shall be in writing.

• If counsel is waived, determine if the waiver is knowing, intelligent, and

voluntary.

• Advise the child of his or her right to remain silent and that anything the

child says can be used against him or her.

Violation of Probation Determination

• The court must consider the predisposition report if one was prepared.

• In addition to the predisposition report, the court must consider the

underlying comprehensive assessment and records of earlier judicial

proceedings.

• The court can require additional assessments of the child.

• If the court finds the child violated probation, the court shall enter an

order revoking, modifying, or continuing probation or post-commitment

probation. § 985.439(4).

Disposition Determination

• State the factual basis for the determination. Tell the child the reasons for

the determination clearly using language the child can understand. Verify

that the child understands what the determination means, what will be

expected of him or her, and the consequences of failing to act as required.

• Children committed to a residential program must be placed into some

form of detention care pending placement into the residential program.

Requirements for Written Order of Disposition

• State the name and address of the child or, if unknown, designate the

child by a name or description that can identify the child with reasonable

certainty.

• State the disposition of each count specifying the charge, the degree of

offense, and the maximum penalty defined by statute.

• If counsel waived, make finding that the waiver was knowing, intelligent,

and voluntary.

• State general and specific conditions or sanctions.

• Make findings as to the disposition of the child. Include the facts

underlying any finding.

• State the date and time when issued and the county and court where

issued.

• Be signed by the court with the title of office.

• The child’s fingerprints must be affixed to the order of disposition.

• State the period of the disposition.

• State whether the court retains jurisdiction over discharge.

VIOLATION OF PROBATION HEARING OUTLINE

Generally

• Interpreter Determination

Determine whether an interpreter is needed to facilitate communications

in the hearing process. Check for prior notification of a need for services.

If an interpreter has already been selected and is available at the

proceeding, verify that the interpreter can readily communicate with the

person in need of services and can repeat and translate communication

easily. § 90.6063(6). If an interpreter has not been pre-selected, work

with court administration to provide a certified or duly qualified

interpreter. Rule 14.100(a)-(b), and § 90.6063(3)(b). If no qualified

interpreter is available, the court may appoint an interpreter not

qualified or certified if the court finds that good cause exists for the

appointment of a non-qualified interpreter, such as burdensome delay or

other unusual circumstance, and the proposed interpreter is competent

to interpret. Rule 2.560(e)(2). Verify that the child knows that he or she is

allowed to object to the proposed appointment of an interpreter not

qualified or certified. See General Topics for more information on

interpreters.

• Recording

A record of all hearings must be made by an official court reporter, a

court-approved stenographer, or a recording device. Rule 8.100(f).

• Purpose

A violation of probation hearing determines whether the child has

violated the terms and conditions of his or her probation or conditional

release. When a child is alleged to have violated probation, it is necessary

to determine whether the child should be held in detention pending the

violation hearing. Section 985.439(2) requires a child taken into custody

for violating the conditions of probation to be screened and (1) detained

or (2) released based on his or her risk assessment instrument score. The

DRAI may be completed and scored based on the underlying charge for

which the child was placed under the supervision of the department.

§ 985.245(4). Therefore, the child may be subject to a more restrictive

detention.

• Identify Those Present

Identify those present and their relationship to the case. The parties

should identify themselves for the record. Delinquency hearings are open

to the public unless the court finds that it is in the child’s best interest to

restrict those in attendance. § 985.035.

• Notice Assessment

If the parents or guardians have been identified and are absent from the

proceeding, determine the steps taken to locate and provide notice of the

detention hearing. Parents or guardians should be notified of the

hearing. A representative from the agency responsible for serving notice

on the parents or guardians must perform a diligent search following a

detailed and thorough list of sources he or she must check before he or

she can report the failure to notice. See General Topics for more

information on the diligent search requirement.

The nonattendance by a parent or guardian may require the continuance

of the violation of probation hearing. If the court orders the child to pay

monetary restitution, it is done through a promissory note cosigned by

the parents or guardians. § 985.437(2). Additionally, the state may seek

restitution or community service by the child’s parents; a separate

petition called a “Petition for Parental Sanctions” must be filed with the

court, and the parents or guardians must be served. Rules 8.030 and

8.031. If either of these situations has occurred, a lack of service or a

failure to appear may be grounds for a continuance of the hearing if a

party can show good cause for the continuance. Rule 8.100(e).

• Place the Child and Any Witnesses Under Oath

The court should place the child and any witnesses under oath. Rule

8.120(a)(5). Prior to the examination of any witnesses, the court may

invoke the rule to have the witnesses sequestered to prevent

communication between the witnesses. Rule 8.100(d).

• Other Proceedings Determination

Determine whether the child is involved in other court proceedings.

Form 8.929. If the court is a UFC, consider consolidating the cases or

hearing them together.

Advise of Rights

• Right to Counsel

Determine whether the child is represented by counsel. If the child

appears without counsel, advise the child of the right to counsel. Section

985.033 requires that the child must be advised of the right to counsel at

all stages of any delinquency court proceeding.

Determine whether the right to counsel is understood. The court must

inquire whether the child understands this right. Rule 8.165(b)(2). No

waiver may be accepted if it appears that the child is unable to make an

intelligent and understanding decision due to mental condition, age,

education, experience, the nature of the case, or other factors. Rule

8.165(b)(4).

Determine whether the child and the child’s parents or guardians may be

considered indigent. If the clerk of court has not made a determination of

indigent status at or before the time of the hearing, the court shall make

a preliminary determination of indigent status, pending further review by

the clerk, and may, by court order, appoint a public defender. § 27.52(3).

A person seeking an appointed counsel based on an inability to pay must

apply to the clerk of court for indigent status using the standard

application form. § 27.52(1).

If indigent, advise of the right to have counsel appointed. The child must

be advised that if indigent, the child has the right to have counsel

appointed by the court in accordance with § 27.52. § 985.033(1).

If counsel is waived, determine if the waiver is knowingly, intelligently,

and voluntary. Section 985.033(1) requires that a child must be

represented by legal counsel at all stages of all juvenile court proceedings

unless the right is knowingly, freely, and intelligently waived by the child.

The court must inquire to determine whether the right is knowingly,

freely, and intelligently waived by the child. Waiver of counsel can only

occur after the child has had a meaningful opportunity to confer with

counsel regarding the right to counsel and the consequences of waiving

counsel. Rule 8.165(a). Waiver of counsel must be on the record. Rule

8.165(a). If a waiver of counsel is accepted at any stage of the

proceedings, the offer of counsel must be renewed by the court at each

subsequent proceeding at which the party appears without counsel. Rule