FORM 8.947. DISPOSITION ORDER — DELINQUENCY

FORM 8.947. DISPOSITION ORDER — DELINQUENCY

DISPOSITION ORDER

A petition was filed on .....(date)....., alleging .....(name)....., ….. age, to be a delinquent child. The court finds that it has jurisdiction of the proceedings.

Present before the court were:

.....the child;

..... .....(name)....., Assistant State Attorney;

..... .....(name)....., Assistant Public Defender/defense attorney;

..... .....(name)....., guardian;

..... .....(name)....., DJJ juvenile probation officer.

At the hearing on .....(date)....., after ….. entry of a plea/an adjudicatory hearing…..the child was found to have committed the delinquent acts listed below:

Count Count Count Count Charge

.......... .......... .......... .......... Lesser

.......... .......... .......... .......... Maximum .......... .......... .......... .......... Degree

.......... .......... .......... .......... Guilty

.......... .......... .......... .......... Nolo contendere .......... .......... .......... .......... Nolo prose .......... .......... .......... .......... Adjudicated .......... .......... .......... .......... Adj. withheld .......... .......... .......... ..........

The predisposition report was ..... received and considered/waived by the child .....

The court, having considered the evidence and comments offered by those present, having inquired, and being otherwise fully advised in the premises ORDERS THAT:

..... Adjudication of delinquency is withheld.

..... The child is adjudicated delinquent……

..... The child is committed to a licensed child caring agency

..... The child is committed to the Department of Juvenile Justice for placement in:

..... a moderate risk residential commitment program, for an indeterminate period, but no longer than the child’s 21st birthday or the maximum term of imprisonment an adult may serve for each count listed above, whichever comes first, because

..... the child is before the court for a violation of section 790.22(3), Florida Statutes;

..... the child is before the court for the disposition of a felony;

..... the child has previously been adjudicated or had adjudication withheld for a felony offense;

..... the child previously has been adjudicated or had adjudication withheld for three or more misdemeanor offenses within the previous 18 months;

..... the child is before the court for disposition for a violation of sections 800.03, 806.031, or 828.12, Florida Statutes; or

..... 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. The facts supporting this finding are: ...........

..... a high-risk commitment program, for an indeterminate period, but no longer than the child’s 21st birthday or the maximum term of imprisonment an adult may serve for each count listed above, whichever comes first.

..... a maximum-risk commitment program, for an indeterminate period, but no longer than the child’s 21st birthday or the maximum term of imprisonment an adult may serve for each count listed above, whichever comes first, because the child meets the criteria in section 985.465 or 985.494, Florida Statutes.

..... The child is allowed .......... days credit for time spent in secure detention or incarceration before this date.

..... The child must be placed in secure detention until residential placement.

..... The court has orally pronounced its reasons for adjudicating and committing this child.

..... The court retains jurisdiction to accept or reject the discharge of this child from commitment, as provided by law.

..... The court orders that, following commitment, the child is to be:

..... directly discharged on release from commitment.

..... transitioned from a residential commitment program to a conditional release program. Any period of conditional release may not exceed the child’s 21st birthday or the maximum term of imprisonment an adult could receive for each count listed above, whichever comes first.

..... CONDITIONS OF CONDITIONAL RELEASE: On release from the commitment program the child must abide by the following conditions under section 985.46(5), Florida Statutes:

The Child must participate in an educational program if of a compulsory school-attendance age under sections 1003.21(1) and (2)(a), Florida Statutes. If the child is of a noncompulsory school-attendance age and has not received a high school diploma or its equivalent, then the Child must participate in an educational program or career and technical education course of study. If the Child has received a high school diploma or its equivalent and is not employed, then the Child must participate in workforce development or other career or technical education or attend a community college or a university while in the program.

1. The Child must have a curfew of ……

2. The Child is to have no contact with .....victims/co- defendants/known gang members......

3. The Child must not use controlled substances.

4. The Child must not possess any firearms.

Other conditions:

…… The child was committed for an offense or attempted offense involving a

firearm and under section 985.433(7)(d), Florida Statutes, the child must be placed on conditional release for a period of 1 year following release from a commitment program. Conditional release must include electronic monitoring of the child by the department for the initial 6 months following release and at times and under terms and conditions set by the department.

..... JUVENILE PROBATION: The child is ..... placed continued on..... juvenile probation under supervision of .....the Department of Juvenile Justice/.....(name)..... and

..... the court having withheld adjudication of delinquency, for an indefinite period not to exceed the child’s 19th birthday.

..... the court having adjudicated the child delinquent, for an indefinite period not to exceed the child’s 19th birthday or the maximum term of imprisonment an adult could receive for each count listed above, except for a second degree misdemeanor, six months, whichever comes first.

..... as part of a sex offender treatment program, for an indefinite period not to exceed the child’s 21st birthday or the maximum term of imprisonment an adult could receive for each count listed above.

..... Disposition on each count is .....concurrent/consecutive ......

..... This case disposition is ..... concurrent with/consecutive to.....case number ...........

GENERAL CONDITIONS OF JUVENILE PROBATION. The child must abide by all of the following conditions:

1. The child must obey all laws.

2. The child must be employed full-time or attend school with no unexcused absences, suspensions, or disciplinary referrals.

3. The child must not change or leave .....his/her.... residence, school, or place of employment without the consent of .....his/her..... parents and juvenile probation officer.

4. The child must answer truthfully all questions of .....his/her..... juvenile probation officer and carry out all instructions of the court and juvenile probation officer.

5. The child must keep in contact with the juvenile probation officer in the manner prescribed by the juvenile probation officer.

6. The child must not use or possess alcoholic beverages or controlled substances.

SPECIAL CONDITIONS OF JUVENILE PROBATION. The child must abide by all of the conditions marked below:

..... Restitution is ordered.

..... Parent(s) is/are responsible,

..... Child is responsible,

..... jointly and severally with ...........

..... The court reserves jurisdiction to determine the amount of restitution to be paid.

..... $.......... to be paid to ..... (name) ….. Payments must begin .....(date)..... and continue at the rate of $ .......... each month.

..... Community Service. ..... hours are to be performed by the child at the rate of ..... hours per month. Written proof is to be provided to the juvenile probation officer.

..... A letter of apology to be written by the child to .....(name)….. within ….. days. The letter must be a minimum of ..... words.

..... A …… word essay to be written by the child on ..... (subject)…..and provided to the juvenile probation officer within 30 days.

..... The child must have no ………. contact with victim(s), ..... (name(s)) ......

..... A ..... mental health/substance abuse .....evaluation to be completed by the child within ….. days. The child will attend and participate in every

scheduled appointment and successfully attend and complete any and all recommended evaluations and treatment.

..... A curfew is set for the child from .......... p.m. to .......... a.m. Sunday through Thursday and from .......... p.m. to .......... a.m. Friday and Saturday.

..... The child must submit to random urinalysis as instructed by the Department of Juvenile Justice.

..... The child must submit to electronic monitoring by the Department of Juvenile Justice.

..... The child must successfully complete all special conditions of juvenile probation ordered in this case on .....(date)......

..... Other: ...........

..... The child must pay court costs of $ .........., as specified below.

The child is placed on notice that the court may modify the conditions of .....his/her..... juvenile probation at any time and may revoke the juvenile probation if the court finds there is a violation of the conditions imposed.

DRIVER LICENSE

..... The child’s driver license .....is suspended/is revoked/is withheld/limitation is extended.....:

..... for .....(months/years)......

..... for a delinquent act involving the use or possession of a firearm, under section 790.22, Florida Statute.

..... First offense, .....(up to one year)......

..... Second or subsequent offense, .....(up to two years)......

..... for a delinquent act involving the use or possession of a firearm other than a violation of section 790.22, Florida Statutes, …..(up to one year)…...

..... for a delinquent act under Chapter 893, Florida Statutes, ..... (up to six months)......

FIREARM CHARGES

..... Having found the child committed a violation of section 790.22(3), Florida Statutes, the child is ordered to serve:

..... for a first violation,

.......... days (up to 5), in the Juvenile Detention Center with credit for .......... days served before disposition and

100 hours of community service or paid work as determined by the Department.

or

..... for a second or subsequent violation,

.......... days (0 to 21), in the Juvenile Detention Center with credit for .......... days served before disposition and

.......... hours (not less than 100 nor more than 250) of community service or paid work as determined by the Department.

..... The court finds that the delinquent act in count .......... involves the use or possession of a firearm other than a violation of section 790.22(3), Florida Statutes, and the child is not committed by this order to a residential commitment program of the Department of Juvenile Justice. Therefore, under section 985.433(8), Florida Statutes, the child is ordered to serve:

30 days in secure detention with .......... days credit for time served before disposition,

100 hours of community service or paid work as determined by the Department of Juvenile Justice, and

Juvenile Probation under the supervision of the Department of Juvenile Justice for .......... (a minimum of 1 year).

FINES, FEES, AND COSTS:

..... The child must:

..... pay, notwithstanding the child’s present ability to pay, under sections 938.27 and 985.032, Florida Statutes,

..... $50.00, per case (in disposition of every misdemeanor case), the costs of prosecution,

..... $100.00, per case (in disposition of every felony case), the costs of prosecution, or

..... $.......... to .....(agency)....., which, having claimed costs of prosecution or investigation, as provided by law, has shown to a preponderance its entitlement to such costs of prosecution or investigation;

..... pay $.........., the Crimes Compensation Trust Fund fee, under section 938.03, Florida Statutes;

..... pay $.........., the Teen Court cost and service charge, under section 938.19, Florida Statutes (if authorized by county ordinance);

..... pay $ .........., the Public Defender application fee, under section 27.52, Florida Statutes;

..... pay, notwithstanding the child’s present ability to pay, the Legal Assistance Lien for payment of attorneys’ fees or costs, under section 938.29, Florida Statutes,

..... $50.00, per case (in disposition of every misdemeanor case),

..... $100.00, per case (in disposition of every felony case), or

..... $.........., the court having found sufficient proof of higher fees and costs incurred to .....(agency).....;

..... pay $.........., other costs, under section(s) .........., Florida Statutes.

..... The child has been adjudicated delinquent and the child must pay $.........., an additional cost, under section 939.185, Florida Statutes, if authorized by county ordinance.

..... The child has been adjudicated delinquent and assessed a fine and the child must pay $.......... to the Crime Prevention Trust Fund, under section 775.083(2), Florida Statutes.

..... The child has committed an enumerated crime against a minor and the child must pay $ .........., under section 938.10, Florida Statutes.

..... The child has violated chapter 794, Florida Statutes (sexual battery), or chapter 800, Florida Statutes, (lewdness; indecent exposure), and is

ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.

..... The child is unable to pay all court costs, and must perform .......... hours of community service in place of these costs and fees.

SPECIMENS FROM THE CHILD

..... The child has entered a plea of guilty or nolo contendere to, or has been found by this court to have committed, a delinquent act which is a felony or an enumerated misdemeanor, and the child must submit specimens under section 943.325, Florida Statutes.

ORDERS TO PARENTS/GUARDIANS

..... The parent(s) .....is/are.....

..... to complete.....counseling/parenting classes/community

service/restitution.....

..... participate with the child in .....court-imposed sanction/community

work project.....

..... Under section 985.039, Florida Statutes:

..... the parent/legal guardian, .....(name)....., must pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $5 per day for each day the child is placed in secure detention or placed on committed status and the temporary legal custody of the child is placed with the department.

..... the parent/legal guardian, .....(name).....,, must pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $1 per day for each day the child is placed into non-secure detention, on probation, or other supervision status with the department, or is committed to the minimum risk nonresidential restrictiveness level commitment.

..... the parent/legal guardian, .....(name)....., must pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, a REDUCED fee of $..... per day for each day the child is in the custody of or supervised by the department. This reduced fee is based on the court’s finding:

..... that the parent/legal guardian was the victim of the delinquent act or violation of law for which the child is currently before the court and is cooperating in the investigation of the offense.

..... of indigency or significant financial hardship. The facts supporting this finding are: ...........

..... The cost of care/supervision fee is WAIVED based on the court’s finding:

..... that the parent/legal guardian was the victim of the delinquent act or violation of law for which the child is currently before the court and is cooperating in the investigation of the offense.

..... of indigency or significant financial hardship. The facts supporting this finding are: ...........

..... The parent/guardian, .....(name)....., .....(address)....., is liable for ..........% of the payment. The parent/guardian, .....(name)....., .....(address)....., is liable for ..........% of the payment.

The parties are advised that an appeal is allowed within 30 days of the date of this order.

DONE AND ORDERED in ..... (city) ....., .......... County, Florida on .....(date) ....., at .......... a.m./p.m.

Circuit Judge

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