Senate Bill sb1318

    Florida Senate - 2004                                  SB 1318

    By Senator Fasano





    11-912-04

  1                      A bill to be entitled

  2         An act relating to appellate review of juvenile

  3         court orders; amending s. 985.234, F.S.;

  4         providing that the state may appeal an order

  5         denying restitution; providing an effective

  6         date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

  9  

10         Section 1.  Subsection (1) of section 985.234, Florida

11  Statutes, is amended to read:

12         985.234  Appeal.--

13         (1)  An appeal from an order of the court affecting a

14  party to a case involving a child under pursuant to this part

15  may be taken to the appropriate district court of appeal

16  within the time and in the manner prescribed by s. 924.051 and

17  the Florida Rules of Appellate Procedure by:

18         (a)  Any child, and any parent or legal guardian or

19  custodian of any child.

20         (b)  The state, which may appeal from:

21         1.  An order dismissing a petition or any section

22  thereof;

23         2.  An order granting a new adjudicatory hearing;

24         3.  An order arresting judgment;

25         4.  A ruling on a question of law when the child is

26  adjudicated delinquent and appeals from the judgment;

27         5.  The disposition, on the ground that it is illegal;

28         6.  A judgment discharging a child on habeas corpus;

29         7.  An order denying restitution;

30         8.7.  An order adjudicating a child insane under the

31  Florida Rules of Juvenile Procedure; and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1318
    11-912-04




 1         9.8.  All other preadjudicatory hearings, except that

 2  the state may not take more than one appeal under this

 3  subsection in any case.

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 5  In the case of an appeal by the state, the notice of appeal

 6  shall be filed by the appropriate state attorney or his or her

 7  authorized assistant under pursuant to the provisions of s.

 8  27.18.  The Such an appeal shall embody all assignments of

 9  error in each preadjudicatory hearing order that the state

10  seeks to have reviewed. The state shall pay all costs of the

11  appeal except for the child's attorney's fee.

12         Section 2.  This act shall take effect July 1, 2004.

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15                          SENATE SUMMARY

16    Provides that the state may appeal a juvenile court order
      denying restitution to the victim of the offense.
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CODING: Words stricken are deletions; words underlined are additions.