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 .......... .......... .......... .......... Nolle prosse .......... .......... .......... .......... 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 and ..... committed to .....a licensed child-caring agency/the Department of Juvenile Justice..... for placement in .......... risk commitment program, for an indeterminate period, but no longer than the child’s .....19th/21st..... birthday or the maximum term of imprisonment an adult may serve for each count listed above, except that a juvenile will not serve longer than six months in a nonresidential commitment program for a second degree misdemeanor, whichever comes first. The child is allowed ..... days credit for time spent in secure detention or incarceration before this date. The child shall be placed in .....home detention care .....with/without..... electronic monitoring/ secure detention..... until placement. ..... placed in the serious or habitual juvenile offender program because the child meets the FORM 8.947 FLORIDA RULES OF JUVENILE PROCEDURE FORM 8.947 112 criteria in section 985.31, Florida Statutes. The placement shall be for an indeterminate period but no longer than the maximum sentence allowed by law or the child’s 21st birthday, whichever comes first. The child is allowed ..... days credit for time spent in secure detention or incarceration before this date. The child shall be placed on .....home detention .....with/without..... electronic monitoring/ secure detention..... until placement. ..... placed in a maximum risk program because the child meets the criteria in section 985.465, Florida Statutes. The placement is for an indeterminate period of time but no longer than the maximum sentence allowed by law or the child’s 21st birthday, whichever comes first. The child is allowed ..... days credit for time spent in secure detention or incarceration before this date. The child shall be placed on .....home detention .....with/without..... electronic monitoring/secure detention..... until 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 child is placed on post-commitment juvenile probation. ..... JUVENILE PROBATION: The child is .....placed on/continued in..... juvenile probation under supervision of .....the Department of Juvenile Justice/.....(name)..... 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, whichever comes first. ..... DISMISS: The case is dismissed. ..... Disposition on each count is .....concurrent/consecutive...... ..... This case disposition is .....concurrent/consecutive.... with case number ........... GENERAL CONDITIONS OF JUVENILE PROBATION. The child shall abide by all of the following conditions: 1. The child shall obey all laws. 2. The child shall be employed full-time or attend school with no unexcused absences, suspensions, or disciplinary referrals. 3. The child shall 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 shall 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 shall keep in contact with the juvenile probation officer in the manner prescribed by the juvenile probation officer. 6. The child shall not use or possess alcoholic beverages or controlled substances. SPECIAL CONDITIONS OF JUVENILE PROBATION. The child shall abide by all of the conditions marked below: ..... Restitution is ordered. Parent and child are responsible, ..... jointly and severally. ..... Amount is reserved. ..... $.......... to be paid to .....(name)...... Payments shall begin .....(date)..... and continue at the rate of $.......... each month. ..... The court retains jurisdiction under Chapter 985, Florida Statutes, to enforce its restitution order, regardless of the age of the child. ..... 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. FORM 8.947 FLORIDA RULES OF JUVENILE PROCEDURE FORM 8.947 113 ..... 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 may 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. ..... The parent(s) .....is/are..... to complete counseling in .......... ..... A curfew is set for the child at .......... p.m. Sunday through Thursday and .......... p.m. Friday and Saturday. ..... The child’s driver’s license is .....suspended/ revoked/ withheld..... for .....(time period)...... ..... The child is to complete a .....detention/jail/ prison.... tour within ...... days. ..... The child will be subject to random urinalysis. ..... The child will be electronically monitored. ..... The child will successfully complete all sanctions of the original juvenile probation order. ..... Other: .............................................................. ..... The child must pay court costs of $...... GUN CHARGES ..... The court finds that one of the above charges involves the use or possession of a firearm and further ORDERS the following: ..... The child’s driver’s license is .....suspended/ revoked..... for .......... years. ..... The child is to serve .....5/10.... days in the Juvenile Detention Center. THE COURT FURTHER FINDS AND ORDERS: ..... The child has violated Chapter 794, Florida Statutes (sexual battery) 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 .....has been adjudicated delinquent/has entered a plea of no contest/has entered a plea of guilty..... to an offense under Chapter 794 or 800, sections 782.04, 784.045, 810.02, 812.133, 812.135, Florida Statutes, or any other offense specified in section 943.325, Florida Statutes, and the child is required to submit blood specimens under section 943.325, Florida Statutes. ..... Under section 985.039, Florida Statutes: ..... the parent/legal guardian, .....(name)....., shall pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $5 per day for each day the child is in residential commitment. ..... the parent/legal guardian, .....(name)....., shall pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $1 per day for each day the child is on probation, nonresidential commitment, or conditional release. ..... the parent/legal guardian, .....(name)....., shall 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. FORM 8.947 FLORIDA RULES OF JUVENILE PROCEDURE FORM 8.949 114 ..... 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)....., shall be liable for .....% of the payment. The parent/guardian, .....(name)....., ..... (address)....., shall be liable for .....% of the payment. 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 there is a violation of the conditions imposed. 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 Copies to: