R.A.J., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court denied a juvenile's habeas corpus petition, holding that Florida Statutes section 985.439(4)(b) authorizes home detention with electronic monitoring as a probation violation sanction without the time limitations that apply to residential consequence units under subsection (4)(a).
Home detention with electronic monitoring imposed as a sanction for probation violation is not subject to the time limitations that apply to residential consequence units.
[1] When a statute authorizes a sanction in one subsection with specified time limitations and authorizes an alternative sanction in another subsection without such limitatio…
Previewing 1 of 1 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“when the legislature has used a term ... in one section of the statute but omits it in another section of the same statute, we will not imply it where it has been excluded.”
Court applied the rule of statutory construction that omission of language in one statutory subsection indicates legislative intent to exclude that requirement from another subsection.
R.A.J., a juvenile, was placed on home detention with GPS monitoring as a sanction for violating conditions of probation.…
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R.A.J. petitions for a writ of habeas corpus, arguing that she should be immediately released from home detention with GPS monitoring based upon her reading of section 985.439(4), Florida Statutes. That section details some of the sanctions that may be imposed upon a juvenile after a finding that the child has violated conditions of probation. Subsection (4)(a) provides that the court may place the child “in a consequence unit ... for up to 5 days for a first violation and up to 15 days for a second or subsequent violation.” Subsection (4)(b) provides that the court may place the child on home detention with electronic monitoring if a residential consequence unit is not available. Petitioner argues that the time limitations from subsection (4)(a) should also apply to the home detention sanction authorized by subsection (4)(b). We agree with the State that Petitioner’s argument is inconsistent with the plain language of the statute — which unambiguously authorizes the sanction of home detention with electronic monitoring without the time limitations required for a residential consequence unit. Cf. Beach v. Great W. Bank, 692 So.2d 146, 152 (Fla. 1997) (“[W]hen the legislature has used a term ... in one section of the statute but omits it in another section of the same statute, we will not imply it where it has been excluded.” (quoting Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So.2d 911, 914 (Fla.1995))).
PETITION DENIED.
TORPY, C.J., LAWSON and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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- Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So. 2d 911 (Fla. 1995)
- Beach v. Great W. Bank, 692 So. 2d 146 (Fla. 1997)