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FL · rules

Fla. R. Juv. P. 8.115

Disposition Hearing

activein force · 2026-01-01 – presentact-effective-date

(a) Information Available to Court. At the disposition

hearing the court, after establishing compliance with the

dispositional considerations, determinations, and discussions

required by law, may receive any relevant and material evidence

helpful in determining the proper disposition to be made. It shall

include written reports required by law, and may include, but shall

not be limited to, the child’s need for substance abuse evaluation

and/or treatment, and any psychiatric or psychological evaluations

of the child that may be obtained and that are relevant and

material. Such evidence may be received by the court and may be

relied upon to the extent of its probative value, even though not

competent in an adjudicatory hearing. In any case in which it is

necessary or consented to by the parties that disposition be

pronounced by a judge other than the judge who presided at the

adjudicatory hearing or accepted a plea of guilty or nolo contendere,

the sentencing judge shall not pronounce disposition until the

judge becomes acquainted with what transpired at the adjudicatory

hearing, or the facts concerning the plea and the offense, including

any plea discussions if a plea of guilty or nolo contendere was

entered.

(b) Appointment of Counsel. Counsel shall be appointed at

all disposition hearings, including cases transferred from other

counties and restitution hearings, if the child qualifies for such

appointment and does not waive counsel in writing as required by

rule 8.165.

(c) Disclosure. The child, the child’s attorney, the child’s

parent or custodian, and the state attorney shall be entitled to

disclosure of all information in the predisposition report and all

reports and evaluations used by the department in the preparation

of the report.

(d) Disposition Order. The disposition order shall be

prepared and distributed by the clerk of the court. Copies shall be

provided to the child, defense attorney, state attorney, and

department representative. Each case requires a separate

disposition order. The order shall:

(1) state the name and age of the child;

(2) 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;

(3) state general and specific conditions or sanctions;

(4) make all findings of fact required by law;

(5) state the date and time when issued and the county

and court where issued; and

(6) be signed by the court with the title of office.

(e) Fingerprints. The child’s fingerprints shall be affixed to

the order of disposition.

(f) Restitution. At the disposition hearing, the court must

make a determination if restitution is applicable. The amount and

method of restitution is to be determined as provided by law. Copies

of the restitution order shall be provided to the child, parent or

guardian of the child, attorney for the child, state attorney, victim,

and department representative.

History

Committee Notes 1991 Amendment. (c) Section 985.23(3)(e), Florida Statutes, requires the court to fingerprint any child who is adjudicated or has adjudication withheld for a felony. This rule extends this requirement to all dispositions. Sentencing guidelines include scorable points for misdemeanor offenses as well as for felonies. This procedure also should assist in identifying juveniles who use false names and birthdates, which can result in the arrest of an innocent child whose name was used by the offender.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
68a59da85950d136dcec6e7bf7908c5e813c2c82efac4119a0c47b2bd09844b3
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