5D07-3982 C.A.F. v. State

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State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-3982

Case Date: 03/03/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

C.A.F., A CHILD, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed March 7, 2008 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Don Waggoner, of Don Waggoner Law, P.A., Kissimmee, for Petitioner. Bill McCollum, Attorney General, Tallahassee, and Brigid E. Collins, Assistant Attorney General, Daytona Beach, for Respondent. Case No. 5D07-3982

PER CURIAM. Petitioner, C.A.F., seeks habeas corpus review of a so-called "release order" of the circuit court imposing "conditions of release" that he contends unlawfully impose significant restraints on his liberty. These conditions include provisions such as a duskto-dawn curfew, obedience to all "household rules and requirements" and all school rules, evening study and submission to the court of progress reports from each teacher. We agree that there is no lawful authority for the order to which the juvenile court below has subjected Petitioner child because the child is in no legal status from which the court may "release" the child nor impose conditions on any such "release."

FACTS OF THE CASE On June 28, 2007, Petitioner, a child under the age of eighteen, was temporarily detained by deputies of the Osceola County Sheriff's Office for the sale or delivery of cannabis. Rather than arrest Petitioner, the deputies released him to the custody of his father at the scene. The deputies later filed a report with the State Attorney. More than a month later, the State Attorney filed its petition against Petitioner and issued him a notice to appear in court. See Fla. R. Juv. P. 8.045(a). In compliance with the notice, on September 26, 2007, Petitioner appeared in court for his arraignment as ordered but without an attorney. No attorney was

appointed to represent him at the arraignment. 1 The court ordered Petitioner to be "released" to the custody of his parents with "conditions of release." The court wrote and signed an additional order containing these various conditions of release.2

The court issued an order to determine counsel on October 12, 2007, for case management on October 31, 2007, and for trial on November 6, 2007.
2

1

In full, the September 26, 2007, order states: RELEASE ORDER WITH CONDITIONS OF RELEASE To: Superintendent of: Upon due consideration, the said child shall be released forthwith to: Parent/Guardian __X__Child shall have a curfew of 6:00 pm inside the residence, and may not be out of the home before 6:00 am. Exceptions: UNDER THE DIRECT SUPERVISION OF THE PARENT'S ONLY IF OUT OF THE HOME AFTER 6 PM. NO OTHER EXCEPTIONS. The child shall comply with the following conditions of release: (1) Obey all laws and not possess or carry any weapons. (2) Not possess or use any intoxicants or illegal drug or associate with those who do. (3) Obey all parental/household rules and requirements (4) Cooperate with all law enforcement officers. 2

After obtaining counsel, on November 2, 2007, Petitioner appeared before the court on a Motion to Release Child from Pre-Trial Discretionary Conditions of Release. The court denied the motion and continued the conditions of release. ILLEGALITY OF THE ORDER "[P]retrial detention of juveniles is now governed entirely by statute." J.J. v.

Fryer, 765 So. 2d 260, 265 (Fla. 4th DCA 2000); see also S.W. v. Woolsey, 673 So. 2d 152, 154 (Fla. 1st DCA 1996) ("The power to place those charged with . . . a delinquent act in detention is entirely statutory in nature."). Section 985.215, Florida Statutes (2007), deals comprehensively with the subject of how a juvenile who has been arrested or charged with an offense is to be handled, including the various levels of juvenile pre-

(5) Attend all future court hearings; keep all appointments with your attorney and DJJ. (6) Have no contact with co-defendants and/or victim(s) and victim's family. (7) Observe a curfew set by parent(s)/custodian, unless otherwise specified by the Court. (8) The child shall comply with the following specific conditions: Attend school regularly, including ALL classes, with NO unexcused absences, tardiness and referrals; complete all work required. Obey ALL SCHOOL RULES and participate in any special programs, tutoring, and meetings with school counselor or principal as directed. Study on evenings preceding each school day. Bring progress reports from each teacher to next hearing and submit to Court. Work full/part time or if directed submit applications for employment. If recommended, submit to drug evaluation/screening and possibly complete rehabilitation program or counseling. Upon demand, submit to Random drug tests. Participate in counseling as directed by DJJ or the Court. The child's parent(s)/guardian shall report any violations in writing to DJJ or the Court.

3

trial dete ntion and conditions of pre-trial release, and provides only for the use of secure, non-secure, and home detention prior to trial. The juvenile court does not have the statutory authority to detain a child except as provided in Chapter 985.3 explained in section 985.02, titled "Legislative intent for the juvenile justice system": (4) DETENTION

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