FL · rules
Fla. R. Juv. P. 8.115
Disposition Hearing
(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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