T:\BRIEFS\Briefs pdf'd\04-1653

RULE 8.041 WITNESS ATTENDANCE AND SUBPOENAS

(a) Attendance. A witness summoned by a subpoena in an adjudicatory

hearing shall remain in attendance at the adjudicatory hearing until excused by the

court or by both parties. A witness who departs without being excused properly

may be held in criminal contempt of court.

(b) Subpoenas Generally.

(1) Subpoenas for testimony before the court and subpoenas for

production of tangible evidence before the court may be issued by the clerk of the

court, by any attorney of record in an action, or by the court on its own motion.

(2) Except as otherwise required by this rule, the procedure for

issuance of a subpoena (except for a subpoena duces tecum) by an attorney of

record in a proceeding shall be as provided in the Florida Rules of Civil Procedure.

(1) Every subpoena for testimony or production of tangible

evidence before the court shall be issued by an attorney of record in an action or

by the clerk under the seal of the court. The subpoena shall state the name of the

court and the title of the action and shall command each person to whom it is

directed to attend and give testimony or produce evidence at a time and place

specified.

(2) On oral request of an attorney of record, and without a witness

praecipe, the clerk shall issue a subpoena for testimony before the court or a sub-

poena for tangible evidence before the court. The subpoena shall be signed and

sealed but otherwise blank, both as to the title of the action and the name of the

person to whom it is directed. The subpoena shall be filled in before service by the

attorney.

(d) Subpoenas for Production of Tangible Evidence. If a subpoena

commands the person to whom it is directed to produce the books, papers,

documents, or tangible things designated in it, the court, on motion made promptly

and in any event at or before the time specified in the subpoena for compliance with

it, may

(1) quash or modify the subpoena if it is unreasonable and

oppressive, or

(2) condition denial of the motion on the advancement by the

person in whose behalf the subpoena is issued of the reasonable cost of producing

the books, papers, documents, or tangible things.

RULE 8.225. PROCESS, DILIGENT SEARCHES, AND

SERVICE OF PLEADINGS AND PAPERS

(a) Summons and Subpoenas.

(1) Summons. Upon the filing of a dependency petition, the clerk

shall issue a summons. The summons shall require the person on whom it is served

to appear for a hearing at a time and place specified not less than 72 hours after

service of the summons. A copy of the petition shall be attached to the summons.

(2) Subpoenas. Subpoenas for testimony before the court, for

production of tangible evidence, and for taking depositions shall be issued by the

clerk of the court, the court on its own motion, or any attorney of record for a

party. Subpoenas may be served within the state by any person over 18 years of

age who is not a party to the proceeding. In dependency and termination of parental

rights proceedings, subpoenas also may also be served by authorized agents of the

department or the guardian ad litem. Except as otherwise required by this rule, the

procedure for issuance of a subpoena by an attorney of record in a proceeding shall be

as provided in the Florida Rules of Civil Procedure.

(3) Service of Summons and Other Process to Persons

Residing in the State. The summons and other process shall be served upon all

parties other than the petitioner as required by law. The summons and other

process may be served by authorized agents of the department or the guardian ad

litem.

(A) Service by publication shall not be required for

dependency hearings and shall be required only for service of summons in a

termination of parental rights proceeding for parents whose identities are known but

whose whereabouts cannot be determined despite a diligent search. Service by

publication in these circumstances shall be considered valid service.

(B) The failure to serve a party or give notice to a participant

in a dependency hearing shall not affect the validity of an order of adjudication or

disposition if the court finds that the petitioner has completed a diligent search that

failed to ascertain the identity or location of that party.

court eliminates the requirement for serving process upon that person.

(4) Service of Summons and Other Process to Persons

Residing Outside of the State in Dependency Proceedings.

(A) Service of the summons and other process on parents,

parties, participants, petitioners, or persons outside this state shall be in a manner

reasonably calculated to give actual notice, and may be made:

(i) by personal delivery outside this state in a manner

prescribed for service of process within this state;

(ii) in a manner prescribed by the law of the place in

which service is made for service of process in that place in an action in any of its

courts of general jurisdiction;

(iii) by any form of mail addressed to the person to be

served and requesting a receipt; or

(iv) as directed by the court. Service by publication

shall not be required for dependency hearings.

(B) Notice under this rule shall be served, mailed, delivered,

or last published at least 20 days before any hearing in this state.

affidavit of the person who made the service or in the manner prescribed by the law

of this state, the order pursuant to which the service is made, or the law of the place

in which the service is made. If service is made by mail, proof may be in a receipt

signed by the addressee or other evidence of delivery to the addressee.

(D) Personal appearance of any person in a hearing before the

court eliminates the requirement for serving process upon that person.

(b) Paternity Inquiry and Diligent Search.

(1) Identity Unknown. If the identity of a parent is unknown, and a

petition for dependency, shelter care, or termination of parental rights is filed, the

court shall conduct the inquiry required by law. The information required by law

may be submitted to the court in the form of a sworn affidavit executed by a

person having personal knowledge of the facts.

(2) Location Unknown. If the location of a parent is unknown and

that parent has not filed a permanent address designation with the court, the

petitioner shall undertake a diligent search as required by law.

(3) Affidavit of Diligent Search. If the location of a parent is

unknown after the diligent search has been completed, the petitioner shall file with

the court an affidavit of diligent search executed by the person who made the

search and inquiry.

(4) Continuing Duty. After filing an affidavit of diligent search in a

dependency or termination of parental rights proceeding, the petitioner, and, if the

court requires, the department, are under a continuing duty to search for and

attempt to serve the parent whose location is unknown until excused from further

diligent search by the court. The department shall report on the results of the

continuing search at each court hearing until the person is located or until further

search is excused by the court.

(5) Effect of Paternity Inquiry and Diligent Search.

(A) Failure to serve parents whose identity or residence is

unknown shall not affect the validity of an order of adjudication or disposition if the

court finds the petitioner has completed a diligent search.

(B) If the court inquiry fails to identify any person as a parent

or prospective parent, the court shall so find and may proceed without further

notice.

identifies and locates any person who may be a parent or prospective parent, the

court shall require notice of the hearing to be provided to that person. That person

must then be given an opportunity to become a party to the proceedings by

completing a sworn affidavit of parenthood and filing it with the court or the depart-

ment.

(1) Notice of Arraignment Hearings in Dependency Cases.

Notice of the arraignment hearing must be served on all parties with the summons

and petition. The document containing the notice to appear in a dependency

arraignment hearing must contain, in type at least as large as the balance of the

document, the following or substantially similar language: “FAILURE TO

PERSONALLY APPEAR AT THE ARRAIGNMENT HEARING

CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR

THESE CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) AND MAY

ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR

THESE CHILDREN).”

(2) Notice of Assessment of Child Support. Other than as part of

a disposition order, if the court, on it own motion or at the request of any party,

seeks to impose or enforce a child support obligation on any parent, all parties and

participants are entitled to reasonable notice that child support will be addressed at

a future hearing.

(3) Notice of Hearings to Participants and Parties Whose

Identity or Address are Known. All participants and parties whose identity and

address are known must be notified of all proceedings and hearings subsequent to

the initial hearing, unless otherwise provided by law. Notice to parents in

proceedings involving shelter hearings and hearings resulting from medical

emergencies must be that which is most likely to result in actual notice. It is the duty

of the petitioner or moving party to notify all participants and parties known to the

petitioner or moving party of all hearings subsequent to the initial hearing, except

hearings which must be noticed by the court. Additional notice is not required if

notice was provided to the parties in writing by the court or is contained in prior

court orders and those orders were provided to the participant or party.

(4) Service of Pleadings, Orders, and Papers. Unless the court

orders otherwise, every pleading, order, and paper filed in the action after the initial

petition, shall be served on each party or the party’s attorney. Nothing herein shall

be construed to require that a plea be in writing or that an application for witness

subpoena be served.

(5) Method of Service. When service is required or permitted to

be made upon a party or participant represented by an attorney, service shall be

made upon the attorney unless service upon the party or participant is ordered by

the court.

(A) Service is excused if the identity or residence of the party

or participant is unknown and a diligent search for that person has been completed

in accordance with law.

(B) Service upon the attorney shall be made by delivering a

copy to the attorney or by mailing it to the attorney’s last known address.

(i) handing it to the attorney;

(ii) leaving it at the attorney’s office with the person in

charge thereof;

(iii) if there is no one in charge of the office, leaving it a

conspicuous place therein; or

(iv) transmitting it by facsimile to the attorney’s or

party’s office with a cover sheet containing the sender’s name, firm, address,

telephone number, and facsimile number, the number of pages transmitted, and the

recipient’s facsimile number. When service is made by facsimile, a copy shall also

be served by any other method permitted by this rule. Facsimile service occurs

when transmission is complete.

(D) If the party or participant is not represented by an

attorney, service of all pleadings or papers shall be upon the party or participant.

Service may be made by mail to the party’s or participant’s permanent mailing

address, if one has been provided to the court; to the last known address, if a

permanent mailing address has not been provided to the court; or by leaving it at

their usual place of abode with some person of their family above 15 years of age

and informing such person of the contents.

(E) Service by mail shall be complete upon mailing.

(6) Filing. The filing of pleadings and other papers with the court

as required by these rules shall be made by filing the original with the clerk of the

court either before service or immediately thereafter. The court may permit the

papers to be filed with it, in which event the filing date shall be noted thereon and

the papers shall be transmitted to the office of the clerk.

(7) Certificate of Service. When any authorized person shall in

substance certify:

“I certify that a copy/copies has/have been furnished to (insert names

or names) by (delivery) (mail) (fax) on (date).

Title”

this certificate shall be taken as prima facie proof of such service in compliance

with all rules of court and law. The certificate must be signed by the attorney of

record, clerk or deputy clerk, judicial assistant, or judge.

RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES

(a) Required Review. All dependent children shall have their status

reviewed as provided by law.

(b) Scheduling Hearings.

(1) Initial Review Hearing. The court shall determine when the

first review hearing shall be held and the clerk of the court shall immediately

schedule the review hearing. In no case shall the hearing be scheduled for later than

6 months from the date of removal from the home or 90 days from the disposition

or case plan approval hearing, whichever comes first. In every case, the court must

conduct a judicial review at least every 6 months.

(2) Subsequent Review Hearings. At each judicial review hearing,

the court shall schedule the next judicial review hearing which shall be conducted

within 6 months. The clerk of the court, at the judicial review hearing, shall provide

the parties with written notice of the date, time, and location of the next judicial

review hearing.

to the court. The report shall contain facts showing the court to have jurisdiction of

the cause as a dependency case. It shall contain information as to the identity and

residence of the parent, if known, and the legal custodian, the dates of the original

dependency adjudication and any subsequent judicial review proceedings, and a

request for one or more of the following forms of relief:

(1) that the child’s placement be changed;

(2) that the case plan be continued to permit the parents or social

service agency time to complete the tasks assigned to them in the agreement; or

(3) that proceedings be instituted to terminate parental rights and

legally free the child for adoption.

(d) Service. A copy of the report containing recommendations and, if not

previously provided by the court, a notice of review hearing shall be served on all

persons who are required by law to be served at least 72 hours prior to the judicial

review hearing.

(e) Information Available to Court. At the judicial review hearing the

court may receive any relevant and material evidence pertinent to the cause. This

shall include written reports required by law and may include, but shall not be

limited to, any psychiatric or psychological evaluations of the child or parent,

caregiver, or legal custodian that may be obtained and that are material and relevant.

This evidence may be received by the court and relied on to the extent of its

probative value, even though it may not be competent in an adjudicatory hearing.

(f) Court Action.

(1) The court shall hold a hearing to review the compliance of the

parties with the case plan to determine what assigned tasks were and were not

accomplished and the reasons for their nonachievement.

(2) If the court finds that the parents have substantially complied

with the case plan, the court shall return the child to the custody of the parents if

the court is satisfied that reunification will not be detrimental to the child’s safety,

well-being, or physical, mental, or emotional health.

(3) If the court finds that the social service agency has not

complied with its obligations, the court may find the social service agency to be in

contempt, shall order the social service agency to submit its plan for compliance

with the plan, and shall require the social service agency to show why the child

could not safely be safely returned to the home of the parents. If the court finds

that the child could not be safely returned to the parents, it shall extend the case

plan for a period of not more than 6 months to allow the social service agency to

comply with its obligations under the case plan.

(4) At any judicial review held under section 39.701(6), Florida

Statutes, if, in the opinion of the court, the department has not complied with its

obligations as specified in the written case plan or in the provision of independent

living services as required by sections 39.701(6) and 409.1451, Florida Statutes,

the court shall issue a show cause order. If cause is shown for failure to comply,

the court shall give the department 30 days within which to comply and, on failure

to comply with this or any subsequent order, the court may hold the department in

contempt.

(45) If, at any judicial review hearing, regardless of the expiration

date of the case plan, the court finds that the parents have not substantially

complied with the case plan to the degree that further reunification efforts are

without merit, the court may order the social service agency to initiate a termination

of parental rights proceeding. If the court finds that an order initiating a termination

of parental rights proceeding would not be in the child’s best interests; that the

parents in good faith attempted to comply with the terms of the plan but need more

time to accomplish their assigned tasks and believes the parents will accomplish

them; or, by clear and convincing proof, that the situation of the child is so

extraordinary that the case plan should be extended, the court may extend the time

limitation for the plan or modify the terms of the plan. No plan shall be extended for

a period longer than 6 months. At the expiration of the extended plan, the court

shall again review the child’s status.

(56) When a child is returned to the parents, the court shall not

terminate its jurisdiction over the child until 6 months after the return. Based on a

report of the department and any other relevant factors, the court shall then

determine whether the jurisdiction should be continued or terminated;. iIf its

jurisdiction is to be terminated, it shall enter an order to that effect.

(67) When a child has not been returned to the parent, but has been

permanently committed to the department or to a licensed child-placing agency

willing to receive the child for subsequent adoption, the court shall continue to hold

judicial review hearings on the status of the child at least every 6 months until the

adoption is finalized. Such hearings shall be held in accordance with these rules.

(78) The court shall enter a written order upon the conclusion of the

review hearing including a statement of the facts, those findings it was directed to

determine by law, a determination of the future course of the proceedings, and the

date, time, and place of the next hearing.

(g) Administrative Review. The department, under a formal agreement

with the court in particular cases, may conduct administrative reviews instead of

judicial reviews for children in out-of-home placement. Notice must be provided to

all parties. An administrative review may not be substituted for the first judicial

review or any subsequent 6-month review. Any party may petition the court for a

judicial review as provided by law.

Committee Notes

1991 Adoption. The rule allows for certain forms of relief pertinent to foster

care review. It allows the court to order commencement of a termination of parental

rights proceeding if the parents are not in compliance. The court also is also

permitted to extend or modify the plan.

FORM 8.929. DETENTION ORDER

DETENTION HEARING ORDER

THE COURT finding that .....(name of child)..... was taken into custody .....

a.m./p.m. on .....(date)....., and having reviewed all available information, that probable

cause .....exists/must be further determined..... to believe the child is delinquent within

the meaning of the laws of Florida, and

FURTHER FINDING that the child is alleged to have committed:

..... an offense that involves the use of a firearm, as defined in F.S. 790.001.

..... an offense during the commission of which the child possessed a firearm.

..... escape or absconding.

.....

a violation of probation or conditional release.

.....

a delinquent act and has requested in writing through legal counsel to be

detained for protection from imminent physical threat to his/her safety.

.....

a capital life felony, life felony, or second degree felony that does not involve

a violation of F.S. Chapter 893 (Drug Abuse Prevention and Control).

.....

a violent third degree felony.

.....

a second degree or third degree felony involving a violation of F.S. Chapter

893.

..... a third degree felony that is not also a crime of violence, and has

..... a record for failure to appear at court hearings after being properly

notified.

..... a record of law violations prior to court hearings.

..... been detained or has been released and is awaiting final disposition

of the case.

..... a record of violent conduct resulting in physical injury to others.

..... been found to be in possession of a firearm.

..... an act of domestic violence, as defined in F.S. 741.28(1), and the following

conditions exist:

..... a respite home or similar authorized residential facility is not

available; or

..... it is necessary to place the child in detention care to protect the

victim from further injury.

.....

failure to appear and the child previously has willfully failed to appear for an

adjudicatory hearing on the same case and the child was detained within 72

hours of his/her hearing.

.....

failure to appear and the child previously has failed to appear at two or more

court hearings on the same case and the child was detained within 72 hours of

his/her next court hearing.

..... .........................................................................

Pick up order for absconding from:

..... home detention

..... probation

..... commitment

..... other: ..................

Present before the court:

..... the child;

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

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

.....

.....(name)....., parent/legal guardian;

.....

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

.....

.....(name)....., Department of Children and Family Services

.....

.....(name)....., guardian ad litem

DJJ Supervision status:

.....

None

.....

Home detention

.....

Probation

.....

Committed to ..... level

.....

CINS/FINS

..... Conditional release

Other court involvement:

Dependency: ..... Yes ..... No .....Unknown

Domestic relations: ..... Yes ..... No .....Unknown

Domestic violence: ..... Yes ..... No .....Unknown

The court finds that the child was taken into custody at ..... a.m./p.m., on

.....(date)......

Probable cause that the child committed delinquent acts was:

.... found.

..... not found.

.....

reset within 48 hours of custody.

Risk assessment instrument (RAI) score: .......... Score amended to: ..........

..... Meets detention criteria.

IT IS ORDERED that the above-named child be:

..... released to the custody of .....(name)......

..... held in secure detention for domestic violence charge under section

985.213(2)(b)3, Florida Statutes. The court finds:

..... respite care is not available for the child; and

..... it is necessary to place the child in secure detention to protect the victim

from injury.

..... detained by the Department of Juvenile Justice in

..... secure detention;

..... nonsecure detention; or

..... home detention care,

with the following special conditions:

..... electronic monitoring.

..... to be screened for transfer to home detention care.

..... to be detained for 72 hours from the time the child was taken into

custody so that a determination of probable cause may be made.

.....

other, specify ....................................................

.....

..........................................................................

.....

..........................................................................

..... home detention.

..... home detention with electronic monitoring.

..... secure detention

with the following special conditions:

..... attend school regularly.

..... attend evaluation as follows:

..... physical.

..... psychological.

..... ADM.

..... other .....................

..... no (..... harmful) contact with .....(name)......

..... drug testing.

..... no drug and alcohol use.

..... other: ....................

Reasons for court ordering more restrictive placement than RAI score: ....................

It is FURTHER ORDERED that unless an adjudicatory hearing has begun or a

subsequent modification order is entered, the child shall be released no later than 5:00

p.m. on .....(date)..... to .....(name(s))....., who is/are

..... the parent(s)

..... a relative

..... foster care

..... .................... program

..... .....him/her..... self

..... other .....................

IT IS FURTHER ORDERED under F.S.section 985.215(6)985.2311, Florida Statutes

.....

The parent/guardian of the child, .....(name)....., shall pay to the Department of

Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, or to the

clerk of the circuit court, $5 per day for each day the juvenile is in secure

detention status.

.....

The parent/guardian of the child, .....(name)....., shall pay to the Department of

Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, or to the

clerk of the circuit court, $.......... per day. This amount will be no less than $2

per day for secure detention placement or $1 per day for home detention

supervision.

This maintenance fee is reduced due to a finding by the court of

..... inability to pay, or

..... indigency.

..... The parent or guardian of the child, .....(name)....., shall pay to the Department

of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, or to

the clerk of the circuit court,

..... $..... per day, or

..... the fee is waived. This waiver is based on a finding by the court

that the parent or guardian:

..... was the victim of the delinquent act or violation of

law for which the child is currently detained and is

cooperating in the investigation of the offense;

..... has made a diligent and good faith effort to prevent

the juvenile from engaging in the delinquent act or

violation of law; or

..... has shown that he/she/they would suffer a significant

hardship if required to pay any amount.

..... The parent/guardian of the child, .....(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 in home detention.

..... The parent/guardian of the child, .....(name)....., shall pay to the Department of

Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, a

REDUCED rate of $..... per day for each day the child is in detention status.

This reduced fee is based on the court’s finding

..... that the parent/guardian was the victim of the delinquent act or violation

of law for which the child is currently detained and is cooperating in the

investigation of the offense; or

..... of indigency or significant financial hardship. The facts supporting this

finding are: ....................

.....

The parent/guardian of the child, .....(name)....., .....(address)....., shall be liable

for .....% of the payment. The parent/guardian of the child, .....(name).....,

.....(address)....., shall be liable for .....% of the payment.

.....

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

finding

..... that the parent/guardian was the victim of the delinquent act or violation

of law for which the child is currently detained and is cooperating in the

investigation of the offense; or

..... of indigency or significant financial hardship. The facts supporting this

finding are: ....................

If the child’s case is dismissed or if the child is found not guilty of the charges or

court order, then the parent/guardian shall not be liable for fees under this order.

IT IS FURTHER ORDERED that under F.S. 985.215(2) the child shall be

released from detention care by 5:00 p.m. on .....(date)....., if an adjudicatory hearing

has not commenced in this case. Under F.S. 985.215(5)(d), the court may issue a

further order extending this detention period.

Unless modified by subsequent notice, the NEXT COURT APPEARANCE:

.....

will be at .....(time)..... on .....(date)..... at .....(location).......

..... is to be set.

Note: The child’s parent/legal guardian shall advise Clerk’s Office and DJJ of any

address change.

..... Department of Juvenile Justice shall transfer the child to .................... Detention

Center.

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

DONE AND ORDERED in ................. County, Florida at .......... a.m./p.m. on

.....(date).....

Circuit Judge

Copies to: ....................

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 .......... .......... .......... ..........

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 residential 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, 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 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

985.313, 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 F.S. 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.

..... 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 F.S.

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 F.S. Chapter 794, or 800, F.S.

sections 782.04, 784.045, 810.02, 812.133, 812.135, Florida Statutes, or any other

offense specified in F.S.section 943.325, Florida Statutes, and the child is

required to submit blood specimens under F.S.section 943.325, Florida Statutes.

.....

Under F.S. section 985.231(1)(b), 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 resides in a commitment facilityis 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 or conditional release.

..... the parent/legal guardian, .....(name)....., shall pay to the Department of Juvenile

Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $.......... for each

day the child resides in a commitment facility. The amount must be no less than

$2 per day for placement outside the home and $1 per day for other placement.

The maintenance fee is reduced to $......... on a finding of inability to

pay/indigency.

..... the parent/legal guardian, .....(name)....., shall pay to the Department of Juvenile

Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $.......... for each

day the child resides in a commitment facility. The fee is waived on a finding that

the parent/legal guardian .....was the victim of the delinquent act or violation of

law and has cooperated in the investigation and prosecution of the offense/has

made a good faith effort to prevent the child from engaging in the delinquent act

or violation of law......

..... 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.

..... 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 investigtion 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

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