CASE LAW UPDATE - JULY 2019 - Florida Courts

OSCA/OCI¡¯S CASE LAW UPDATE

JULY 2019

TABLE OF CONTENTS

Baker Act/Marchman Act Case Law ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­2

Drug Court/Mental Health/Veterans Court Case Law ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­3

Family Court

Delinquency Case Law ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.4

Dependency Case Law ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­..¡­¡­.7

Dissolution of Marriage Case Law ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.10

Interpersonal Violence Injunctions (DV, SV, Dating, Repeat Stalking) Case Law ¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.¡­¡­17

JULY 2019

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BAKER ACT/ MARCHMAN ACT CASE LAW UPDATE

Florida Supreme Court

No new opinions for this reporting period.

First District Court of Appeal

No new opinions for this reporting period.

Second District Court of Appeal

No new opinions for this reporting period.

Third District Court of Appeal

No new opinions for this reporting period.

Fourth District Court of Appeal

No new opinions for this reporting period.

Fifth District Court of Appeal

No new opinions for this reporting period.

JULY 2019

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DRUG COURT/MENTAL HEALTH COURT/ VETERANS COURT CASE LAW UPDATE

Florida Supreme Court

No new opinions for this reporting period.

First District Court of Appeal

No new opinions for this reporting period.

Second District Court of Appeal

No new opinions for this reporting period.

Third District Court of Appeal

No new opinions for this reporting period.

Fourth District Court of Appeal

Simeone v. State, ___ So. 3d ____, 2019 WL 3436925 (Fla. 4th DCA 2019).

THE FOURTH DISTRICT COURT OF APPEAL CERTIFIED VETERANS COURT ADMISSION QUESTION AS A MATTER OF

GREAT PUBLIC IMPORTANCE

The Fourth District denied the petitioner¡¯s motion for rehearing and rehearing en banc and granted the

petitioner¡¯s motion for certification as a matter of great public importance. The Fourth District certified the

following question of great public importance:

Is a defendant who satisfies the criteria for eligibility into veterans¡¯ court as stated in section

948.08(7), Florida Statutes (2018), entitled to admission into veterans¡¯ court, or does a judge

have discretion to deny an otherwise eligible defendant¡¯s admission into veterans¡¯ court on

a case©\by©\case basis, based on factors such as the nature of the defendant¡¯s charges and the

defendant¡¯s possible sentences, as long as the judge does not apply any kind of blanket policy,

rules, or criteria, in addition to those set forth in section 948.08(7)?



(July 31, 2019)

Fifth District Court of Appeal

No new opinions for this reporting period.

JULY 2019

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DELINQUENCY CASE LAW UPDATE

Florida Supreme Court

No new opinions for this reporting period.

First District Court of Appeal

No new opinions for this reporting period.

Second District Court of Appeal

J.A.H. v. State, ___ So. 3d ____, 2019 WL 2607481 (Fla. 2d DCA 2019).

WITHHOLDING ADJUDICATION OF DELINQUENCY FOR GRAND THEFT OF MOTOR VEHICLE AND BURGLARY

AGAINST JUVENILE REVERSED

A juvenile appealed from an order withholding adjudication of delinquency on one count of theft of a motor

vehicle and three counts of burglary, and imposing probation until he reached the age of 19. At time of his

arrest, the juvenile was found in a stolen vehicle with several other defendants, and multiple stolen items were

found in the car. Upon appeal, the appellate court reversed the disposition and sentence, finding the state failed

to present any independent evidence to prove it was the delinquent who committed theft of the vehicle, or

burglary and theft of any of the other items found in the vehicle.



(June 26, 2019)

A.L. v. State, ___ So. 3d ____, 2019 WL 3214082 (Fla. 2d DCA 2019).

ADJUDICATION OF DELINQUENCY FOR PETIT THEFT AND CRIMINAL MISCHIEF AGAINST JUVENILE REVERSED

A juvenile appealed from an order adjudicating him delinquent on four counts of petit theft and one count of

criminal mischief. At time of his arrest, the juvenile was in possession of multiple stolen items, all found within

the room he stayed in at his uncle¡¯s house. Upon appeal, the appellate court reversed the disposition and

sentence, finding the state failed to present any independent reliable evidence that it was the delinquent who

committed the actual theft of any of the stolen items. Reversed and dismissed.



(July 10, 2019)

J.S. v. State, ___ So. 3d ____, 2019 WL 3436411 (Fla. 2d DCA 2019).

WITHHOLDING ADJUDICATION OF DELINQUENCY FOR GRAND THEFT OF A FIREARM AGAINST JUVENILE

REVERSED

A juvenile appealed from an order withholding adjudication on a count of grand theft of a firearm, which

imposed a term of probation not to exceed his nineteenth birthday. Upon appeal, defense counsel argued the

State failed to disclose a pre©\trial change in the testimony of a material witness, and the court failed to conduct

a requested ¡°Richardson¡± hearing to determine if the State committed a discovery violation. The appellate court

reversed the disposition and remanded for a new trial, directing the trial court to conduct a full ¡°Richardson¡±

hearing.



(July 31, 2019)

Third District Court of Appeal

A.F. v. State, ___ So. 3d ____, 2019 WL 3209965 (Fla. 3d DCA 2019).

ADJUDICATION OF DELINQUENCY FOR TRAFFICKING IN STOLEN PROPERTY AGAINST JUVENILE UPHELD

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A juvenile appealed from an order adjudicating him delinquent for trafficking in stolen property. At time of his

arrest, the youth was trying to sell two ¡°fat tire¡± bicycles through a mobile marketplace where accountholders

buy and sell various goods. The court did not find credible the juvenile¡¯s unverifiable claim that a friend gave

him the bikes and he did not know the bicycles were stolen several days earlier. Upon appeal, the appellate

court affirmed the disposition and sentence.

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(July 17, 2019)

Fourth District Court of Appeal

No new opinions for this reporting period.

Fifth District Court of Appeal

S.C.B. v. State, ___ So. 3d ____, 2019 WL 3047340 (Fla. 5th DCA 2019).

ADJUDICATION OF DELINQUENCY ON MULTIPLE FELONIES IN FOUR SEPARATE CASES REVERSED

A juvenile appealed from an order adjudicating him delinquent, following a plea, on one count of dealing or

trafficking in stolen property, a second©\degree felony; four counts of burglary of a conveyance and two counts

of grand theft, which are third©\degree felonies; as well as two counts of petit theft and one count of

misdemeanor possession of cannabis. The trial court committed the juvenile to a non©\secure residential

program to be followed by probation after his release from commitment. Upon appeal, the appellate court held

that the trial court erred when it adjudicated the juvenile delinquent of dealing or trafficking in stolen property

when he did not plead guilty to that charge. ¡°[T]his is significant because not only was he wrongfully adjudicated,

but also the recommended dispositions on all four cases contained in the Department of Juvenile Justice's

(¡°DJJ¡±) Pre©\Disposition Report (¡°PDR¡±), which the trial court followed, were based, to a significant extent, on the

DJJ's belief that S.C.B. had pleaded guilty to dealing or trafficking in stolen property, which was the most serious

charge that he faced.¡± He did not plea to that count. It was held that all four disposition orders were to be

vacated and a new disposition hearing be held with a corrected predisposition report.



(July 12, 2019)

J.P.S. v. State, ___ So. 3d ____, 2019 WL 3047346 (Fla. 5th DCA 2019).

WITHHOLDING ADJUDICATION OF DELINQUENCY WITH FIVE YEAR TERM OF PROBATION REVERSED

A 14©\year old juvenile appealed from an order withholding adjudication, following a plea to one count of lewd

or lascivious conduct in violation of s. 800.04(6)(c), F.S. The court withheld adjudication of delinquency and

placed the juvenile on probation until he turned nineteen years old. Pursuant to s. 985.475(2)(e), F.S., (2017),

the court also adopted the Department of Juvenile Justice's proposed juvenile sexual offender treatment plan

and imposed it as a condition of probation. Defense counsel objected to the term of probation until the youth¡¯s

nineteenth birthday, because it extended beyond the three©\year maximum period stated in s. 985.475(2)(e),

F.S. The appellate court held that the trial court was limited to imposing a three©\year term of probation, rather

than the nearly five©\year term imposed. The disposition order was reversed, and the case remanded for

resentencing.



(July 12, 2019)

N.J. v. State, ___ So. 3d ____, 2019 WL 3365930 (Fla. 5th DCA 2019).

ADJUDICATION OF DELINQUENCY FOR MARIJUANA POSSESSION REVERSED

A 15©\year old juvenile appealed from an order adjudicating him delinquent for misdemeanor possession of

marijuana following a non©\consensual search and discovery of a ¡°roach¡± in his pocket. The trial court had denied

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