IN THE INTEREST OF M.S., A CHILD
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
M.S., a juvenile adjudicated delinquent, appeals from his commitment to the Department of Health and Rehabilitative Services (HRS) and an imposed $500 fine. The court held that Florida law does not permit a trial court to impose a fine when committing a child to HRS, as the statutory provisions governing these two dispositions are mutually exclusive.
The trial court erred when it imposed a $500 fine after committing the child to HRS. The statutory provisions in Section 39.11(1)(a) and 39.11(1)(c) are mutually exclusive: while community control programs may include penalties such as restitution, commitment to the department contains no similar provision for imposing a monetary fine.
[1] A trial court errs by imposing a fine on a child committed to the Department of Health and Rehabilitative Services under Section 39.11(1)(c), Florida Statutes.
[2] Section 39.11(1)(a) of the Florida Statutes permits the imposition of penalties such as restitution only when a child is placed in a community control program.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 39.11(3), Florida Statutes (1981) mandates that '[a]ny commitment of a delinquent child to the department shall be for an indeterminate period of time ...' See also R.J.K. v. State, 375 So.2d 871 (Fla. 1st DCA 1979). Additionally, Section 39.11(1)(a) allows for imposition of a penalty in the nature of restitution, but only if the child has been placed in a community control program. Section 39.-11(1)(c), allowing for the child's commitment to the department, contains no similar provision.”
Establishes that penalties are permitted only with community control programs, not with departmental commitment
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceM.S. was adjudicated delinquent at a hearing. The trial court entered a written order of commitment committing M.S. to HRS for placement and imposed a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adjudication Of Delinquency cases and more on FLexlaw
DELL, Judge.
M.S. appeals from his adjudication of delinquency and subsequent commitment to the Department of Health and Rehabilitative Services (HRS).
At the adjudicatory hearing, the trial court found appellant guilty as alleged and entered a written order of commitment which committed appellant to HRS for placement and imposed a $500 fine on him to be paid to the clerk of the circuit court.
Appellant contends that Section 39.11, Florida Statutes (1981), does not permit the trial court to commit him to HRS and also require payment of a fine. Section 39.11(l)(a) and Section 39.11(l)(c) provide in pertinent part:
(1) When any child shall be adjudicated by the court to have committed a delinquent act, the court having jurisdiction of the child shall have the power, by order in which is stated the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing, to:
(a) Place the child in a community control program under the supervision of an authorized agent of the department or any other person or agency specifically authorized and appointed by the court, either in the child’s own home or, if the prospective custodian is willing, in the home of a relative of the child or in some other suitable place under such reasonable conditions as the court may direct. A community control program is as defined in s. 39.01(10) and shall include a penalty such as restitution, curfew, revocation or suspension of the driver’s license of the child, or other nonresidential punishment appropriate to the offense and a rehabilitative program.
(c) Commit the child to the department. Said commitment shall be for the purpose of exercising active control, including, but not limited to, custody, care, training, treatment, and furlough into the community. Notwithstanding the provisions of s. 743.07, the term of said commitment shall be until said child is' discharged by the department or until he reaches the age of 19.
The First District Court of Appeal in M.V.D. v. State, 414 So. 2d 599 (Fla. 1st DCA 1982), stated that:
Section 39.11(3), Florida Statutes (1981) mandates that “[a]ny commitment of a delinquent child to the department shall be for an indeterminate period of time ...” See also R.J.K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979). Additionally, Section 39.11(1)(a) allows for imposition of a penalty in the nature of restitution, but only if the child has been placed in a community control program. Section 39.-11(1)(c), allowing for the child’s commitment to the department, contains no similar provision.
We disagree with the State’s contention that the legislature must separate the alternative dispositions of Section 39.11 with the word “or” before we may construe the provisions of 39.11(l)(a) and (c) as mutually exclusive. While it is true that the word “or” is generally construed in the disjunctive when used in a statute, Telophase Society of Florida v. State Board of Funeral Directors & Embalmers, 334 So. 2d 563, 566 (Fla.1976), this does not mean that the word “or” must be between two statutory subsections to render them mutually exclusive. We agree with the reasoning in M.V.D., supra, and hold that the trial court erred when it imposed a $500 fine after it committed the child to the Department of Health and Rehabilitative Services.
Accordingly, we reverse and remand this cause to the trial court with directions to vacate that portion of the commitment order which requires appellant to pay a $500 fine.
REVERSED and REMANDED.
GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In the Interest of A.N.J. v. State, 554 So. 2d 531 (Fla. 1st DCA 1989)…ommitted A.N.J. to HRS, the commitment to run “consecutive to case 88-6457-CJA”.1 It is with this “consecutive” commitment that HRS alleges reversible fault. Citing to M.V.D. v. State, 414 So. 2d 599 (Fla. 1st DCA 1982) and In the Interest of M.S., 429 So. 2d 844 (Fla. 4th DCA 1983), HRS argues that the circuit court’s authority to discipline a delinquent child is governed by section 39.11, Florida Statutes and thus, absent express statutory authorization, the court is without authority to impose a sanction.…
-
In re In the Interest of E.J., 438 So. 2d 500 (Fla. 4th DCA 1983)…commitment to the Department of Health and Rehabilitative Services, and (2) retained jurisdiction to simultaneously effectuate restitution to the victim. Appellant contends this order is erroneous in view of our decision in In the Interest of M.S., 429 So. 2d 844 (Fla. 4th DCA 1983), and the First District’s decision in M.V.D. v. State, 414 So. 2d 599 (Fla. 1st DCA 1982). We find both those cases distinguishable, because the former deals with a fine while the latter concerns restitution as a condition of co…
-
In the Interest of B.S., 431 So. 2d 690 (Fla. 4th DCA 1983)…PER CURIAM. Reversed on authority of M.V.D. v. State, 414 So. 2d 599 (Fla. 1st DCA 1982); and In the Interest of M.S., a child, 429 So. 2d 844 (Fla. 4th DCA 1983), remanded with directions that the restitution provision be deleted from the amended commitment order of May 1, 1981. REVERSED AND REMANDED, with directions. DOWNEY, DELL and WALDEN, JJ., concur.…
Authorities Cited
- The Telophase Soc'y OF Fla., Inc. v. State Bd. OF Funeral Directors & Embalmers, 334 So. 2d 563 (Fla. 1976)
- R. J. K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979)
- M. v. D., 414 So. 2d 599 (Fla. 1st DCA 1982)