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Florida Laws: FL Statutes - Title XLVII Chapter 985 Juvenile Justice; Interstate Compact on Juveniles
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Florida Laws > Criminal Procedure and Corrections > Florida Laws: FL Statutes - Title XLVII Chapter 985 Juvenile Justice; Interstate Compact on Juveniles
Part I - General Provisions (ss. 985.01-985.039)
- §985.01 Purposes and intent.
(1) The purposes of this chapter are:(a) To provide judicial and other procedures to assure due process through which children and other interested parties are assured fair...
- §985.02 Legislative intent for the juvenile justice system.
(1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of the Legislature that the children of this state be provided with the following protections:(a) Protection from abuse, neglect,...
- §985.03 Definitions.
As used in this chapter, the term:(1) "Addictions receiving facility" means a substance abuse service provider as defined in chapter 397. (2) "Adjudicatory hearing" means a hearing...
- §985.0301 Jurisdiction.
(1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law....
- §985.032 Legal representation for delinquency cases.
For cases arising under this chapter, the state attorney shall represent the state.History.—s. 2, ch. 92-170; s. 13, ch. 94-209; s. 1334, ch. 95-147; s....
- §985.033 Right to counsel.
(1) A child is entitled to representation by legal counsel at all stages of any delinquency court proceedings under this chapter. If the child and the...
- §985.035 Opening hearings.
(1) All hearings, except as provided in this section, must be open to the public, and no person may be excluded except on special order of...
- §985.036 Rights of victims; juvenile proceedings.
(1) Nothing in this chapter prohibits:(a) The victim of the offense; (b) The victim’s parent or guardian if the victim is a minor; (c) The lawful representative of the...
- §985.037 Punishment for contempt of court; alternative sanctions.
(1) CONTEMPT OF COURT; LEGISLATIVE INTENT.—The court may punish any child for contempt for interfering with the court or with court administration, or for violating any...
- §985.039 Cost of supervision; cost of care.
(1) Except as provided in subsection (3) or subsection (4):(a) When any child is placed into home detention, probation, or other supervision status with the department, or...
Part II - Records and Information (ss. 985.04-985.047)
- §985.04 Oaths; records; confidential information.
(1) Except as provided in subsections (2), (3), (6), and (7) and s. 943.053, all information obtained under this chapter in the discharge of official duty...
- §985.045 Court records.
(1) The clerk of the court shall make and keep records of all cases brought before it under this chapter. The court shall preserve the records...
- §985.046 Statewide information-sharing system; interagency workgroup.
(1) The Department of Education, the Department of Juvenile Justice, and the Department of Law Enforcement shall create an information-sharing workgroup for the purpose of developing...
- §985.047 Information systems.
(1)(a) For the purpose of assisting in law enforcement administration and decisionmaking, such as juvenile diversion from continued involvement with the law enforcement and judicial systems,...
Part III - Custody and Intake; Intervention and Diversion (ss. 985.101-985.16)
- §985.101 Taking a child into custody.
(1) A child may be taken into custody under the following circumstances:(a) Pursuant to an order of the circuit court issued under this chapter, based upon sworn...
- §985.105 Youth custody officer.
(1) There is created within the department the position of youth custody officer. The duties of each youth custody officer shall be to take youth into...
- §985.11 Fingerprinting and photographing.
(1)(a) A child who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be...
- §985.115 Release or delivery from custody.
(1) A child taken into custody shall be released from custody as soon as is reasonably possible. (2) Unless otherwise ordered by the court under s. 985.255...
- §985.12 Civil citation.
(1) There is established a juvenile civil citation process for the purpose of providing an efficient and innovative alternative to custody by the Department of Juvenile...
- §985.125 Prearrest or postarrest diversion programs.
(1) A law enforcement agency or school district, in cooperation with the state attorney, may establish a prearrest or postarrest diversion program. (2) As part of the...
- §985.13 Probable cause affidavits.
(1) If the child is released, the person taking the child into custody shall make a written report or probable cause affidavit to the appropriate juvenile...
- §985.135 Juvenile assessment centers.
(1) As used in this section, "center" means a juvenile assessment center comprising community operated facilities and programs which provide collocated central intake and screening services...
- §985.14 Intake and case management system.
(1) The department shall develop an intake and a case management system whereby a child brought into intake is assigned a juvenile probation officer if the...
- §985.145 Responsibilities of juvenile probation officer during intake; screenings and assessments.
(1) The juvenile probation officer shall serve as the primary case manager for the purpose of managing, coordinating, and monitoring the services provided to the child....
- §985.15 Filing decisions.
(1) The state attorney may in all cases take action independent of the action or lack of action of the juvenile probation officer and shall determine...
- §985.155 Neighborhood restorative justice.
(1) DEFINITIONS.—For purposes of this section, the term:(a) "Board" means a Restorative Justice Board established by the state attorney pursuant to subsection (3). (b) "Center" means a Neighborhood...
- §985.16 Community arbitration.
(1) PURPOSE.—The purpose of community arbitration is to provide a system by which children who commit delinquent acts may be dealt with in a speedy and...
Part IV - Examinations and Evaluations (ss. 985.18-985.195)
- §985.18 Medical, psychiatric, psychological, substance abuse, and educational examination and treatment.
(1) After a detention petition or a petition for delinquency has been filed, the court may order the child named in the petition to be examined...
- §985.185 Evaluations for disposition.
(1) A comprehensive evaluation for physical health, mental health, substance abuse, academic, educational, or vocational problems shall be ordered for any child for whom a residential...
- §985.19 Incompetency in juvenile delinquency cases.
(1) If, at any time prior to or during a delinquency case, the court has reason to believe that the child named in the petition may...
- §985.195 Transfer to other treatment services.
Any child committed to the department may be transferred to retardation, mental health, or substance abuse treatment facilities for diagnosis and evaluation pursuant to chapter...
Part V - Detention (ss. 985.24-985.275)
- §985.24 Use of detention; prohibitions.
(1) All determinations and court orders regarding the use of secure, nonsecure, or home detention shall be based primarily upon findings that the child:(a) Presents a substantial...
- §985.245 Risk assessment instrument.
(1) All determinations and court orders regarding placement of a child into detention care shall comply with all requirements and criteria provided in this part and...
- §985.25 Detention intake.
(1) The juvenile probation officer shall receive custody of a child who has been taken into custody from the law enforcement agency and shall review the...
- §985.255 Detention criteria; detention hearing.
(1) Subject to s. 985.25(1), a child taken into custody and placed into nonsecure or home detention care or detained in secure detention care prior to...
- §985.26 Length of detention.
(1) A child may not be placed into or held in secure, nonsecure, or home detention care for longer than 24 hours unless the court orders...
- §985.265 Detention transfer and release; education; adult jails.
(1) If a child is detained under this part, the department may transfer the child from nonsecure or home detention care to secure detention care only...
- §985.27 Postcommitment detention while awaiting placement.
(1) The court must place all children who are adjudicated and awaiting placement in a commitment program in detention care. Children who are in home detention...
- §985.275 Detention of escapee or absconder on authority of the department.
(1) If an authorized agent of the department has reasonable grounds to believe that any delinquent child committed to the department has escaped from a residential...
Part VI - Petition, Arraignment, and Adjudication (ss. 985.318-985.35)
- §985.318 Petition.
(1) All proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be initiated by the state by the...
- §985.319 Process and service.
(1) Personal appearance of any person in a hearing before the court obviates the necessity of serving process on that person. (2) Upon the filing of a...
- §985.325 Threatening or dismissing an employee prohibited.
(1) An employer, or the employer’s agent, may not dismiss from employment an employee who is summoned to appear before the court under s. 985.319 solely...
- §985.331 Court and witness fees.
In any proceeding under this chapter, court fees shall not be charged against, nor witness fees allowed to, any party to a delinquency petition or...
- §985.335 No answer to petition required.
No answer to the petition alleging that a child has committed a delinquent act or violation of law need be filed by any child or...
- §985.345 Delinquency pretrial intervention program.
(1) Notwithstanding any provision of law to the contrary, a child who is charged with a felony of the second or third degree for purchase or...
- §985.35 Adjudicatory hearings; withheld adjudications; orders of adjudication.
(1) The adjudicatory hearing must be held as soon as practicable after the petition alleging that a child has committed a delinquent act or violation of...
Part VII - Disposition; Postdisposition (ss. 985.43-985.494)
- §985.43 Predisposition reports; other evaluations.
(1) Upon a finding that the child has committed a delinquent act:(a) The court may order the department to prepare a predisposition report regarding the child’s eligibility...
- §985.433 Disposition hearings in delinquency cases.
When a child has been found to have committed a delinquent act, the following procedures shall be applicable to the disposition of the case:(1) The court...
- §985.435 Probation and postcommitment probation; community service.
(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and...
- §985.437 Restitution.
(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and...
- §985.439 Violation of probation or postcommitment probation.
(1)(a) This section is applicable when the court has jurisdiction over an adjudicated delinquent child. (b) If the conditions of the probation program or the postcommitment probation...
- §985.441 Commitment.
(1) The court that has jurisdiction of an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and...
- §985.442 Form of commitment; certified copy of charge attached.
(1) When any child is committed to the department, the commitment form to be used by the judge of the committing court shall be as prescribed...
- §985.45 Liability and remuneration for work.
(1) Whenever a child is required by the court to participate in any work program under this part or whenever a child volunteers to work in...
- §985.455 Other dispositional issues.
(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and...
- §985.46 Conditional release.
(1) The Legislature finds that:(a) Conditional release is the care, treatment, help, and supervision provided juveniles released from residential commitment programs to promote rehabilitation and prevent recidivism....
- §985.461 Transition to adulthood.
(1) The Legislature finds that older youth are faced with the need to learn how to support themselves within legal means and overcome the stigma of...
- §985.465 Juvenile correctional facilities or juvenile prison.
A juvenile correctional facility or juvenile prison is a physically secure residential commitment program with a designated length of stay from 18 months to 36...
- §985.475 Juvenile sexual offenders.
(1) CRITERIA.—A "juvenile sexual offender" means:(a) A juvenile who has been found by the court under s. 985.35 to have committed a violation of chapter 794, chapter...
- §985.48 Juvenile sexual offender commitment programs; sexual abuse intervention networks.
(1) In order to provide intensive treatment and psychological services to a juvenile sexual offender committed to the department, it is the intent of the Legislature...
- §985.481 Sexual offenders adjudicated delinquent; notification upon release.
(1) As used in this section:(a) "Convicted" has the same meaning as provided in s. 943.0435. (b) "Sexual offender" means a person who has been adjudicated delinquent as...
- §985.4815 Notification to Department of Law Enforcement of information on juvenile sexual offenders.
(1) As used in this section, the term:(a) "Change in enrollment or employment status" means the commencement or termination of enrollment or employment or a change in...
- §985.494 Commitment programs for juvenile felony offenders.
(1) Notwithstanding any other law and regardless of the child’s age, a child who is adjudicated delinquent, or for whom adjudication is withheld, for an act...
Part VIII - Authority of the Court Over Parents or Guardians (ss. 985.511-985.514)
- §985.511 Costs of representation.
The responsibilities of the parents or legal guardian of the child to pay costs associated with the representation of the child are prescribed under s....
- §985.512 Powers with respect to certain children.
In carrying out the provisions of this chapter, the court may order the parent or legal guardian of a child adjudicated dependent, a child in...
- §985.513 Powers of the court over parent or guardian at disposition.
(1) The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and...
- §985.514 Responsibility for cost of care; fees.
(1) When any child is placed into secure or home detention care or into other placement for the purpose of being supervised by the department pursuant...
Part IX - Appeal (ss. 985.534-985.536)
- §985.534 Appeal.
(1) An appeal from an order of the court affecting a party to a case involving a child under this chapter may be taken to the...
- §985.535 Additional grounds for appeal by the state; time for taking.
(1) The state may appeal from a preadjudicatory hearing order dismissing a search warrant, suppressing evidence obtained by search and seizure, or suppressing a confession or...
- §985.536 Order or decision when state appeals.
(1) When the state appeals from an order dismissing a delinquency petition, or a count thereof, or an order granting a new adjudicatory hearing, and the...
Part X - Transfer to Adult Court (ss. 985.556-985.57)
Part XI - Department of Juvenile Justice (ss. 985.601-985.694)
- §985.601 Administering the juvenile justice continuum.
(1) The Department of Juvenile Justice shall plan, develop, and coordinate comprehensive services and programs statewide for the prevention, early intervention, control, and rehabilitative treatment of...
- §985.6015 Shared County/State Juvenile Detention Trust Fund.
(1) The Shared County/State Juvenile Detention Trust Fund is created within the department. (2) The fund is established for use as a depository for funds to be...
- §985.605 Prevention service program; monitoring; uniform performance measures.
(1) The department’s prevention service program shall monitor all state-funded programs, grants, appropriations, or activities that are designed to prevent juvenile crime, delinquency, gang membership, or...
- §985.606 Prevention services providers; performance data collection; reporting.
Each state agency or entity that receives or uses state appropriations to fund programs, grants, appropriations, or activities that are designed to prevent juvenile crime,...
- §985.61 Early delinquency intervention program; criteria.
(1) The Department of Juvenile Justice shall, contingent upon specific appropriation and with the cooperation of local law enforcement agencies, the judiciary, district school board personnel,...
- §985.614 Children locked out of the home; interagency cooperation.
The department and the Department of Children and Family Services shall encourage interagency cooperation within each circuit and shall develop comprehensive agreements between the staff...
- §985.618 Educational and career-related programs.
(1)(a) It is the finding of the Legislature that the educational and career-related programs of the Department of Juvenile Justice are uniquely different from other programs...
- §985.622 Multiagency plan for vocational education.
(1) The Department of Juvenile Justice and the Department of Education shall, in consultation with the statewide Workforce Development Youth Council, school districts, providers, and others,...
- §985.625 Literacy programs for juvenile offenders.
(1) INTENT.—It is the intent of the Legislature that mandatory literacy programs for juvenile offenders committed by the court and placed in residential commitment programs be...
- §985.629 Contracts for the transfer of Florida children in federal custody.
To the extent that maintenance costs are borne entirely from federal funds, the department is empowered to contract with federal authorities for the return of...
- §985.632 Quality assurance and cost-effectiveness.
(1) It is the intent of the Legislature that the department:(a) Ensure that information be provided to decisionmakers in a timely manner so that resources are allocated...
- §985.64 Rulemaking.
(1) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. Such rules may not conflict with the...
- §985.644 Departmental contracting powers; personnel standards and screening.
(1) The department may contract with the Federal Government, other state departments and agencies, county and municipal governments and agencies, public and private agencies, and private...
- §985.645 Protective action response.
(1) For purposes of this section, the term:(a) "Direct care" means direct contact with youth for the purpose of providing care, supervision, custody, or control of youth...
- §985.648 Consultants.
The department may hire consultants to advise and confer with the judges of the circuit courts upon request of any such court and for the...
- §985.652 Participation of certain programs in the State Risk Management Trust Fund.
Pursuant to s. 284.30, the Division of Risk Management of the Department of Financial Services is authorized to insure a private agency, individual, or corporation...
- §985.66 Juvenile justice training academies; staff development and training; Juvenile Justice Training Trust Fund.
(1) LEGISLATIVE PURPOSE.—In order to enable the state to provide a systematic approach to staff development and training for judges, state attorneys, public defenders, law enforcement...
- §985.664 Juvenile justice circuit boards and juvenile justice county councils.
(1) There is authorized a juvenile justice circuit board to be established in each of the 20 judicial circuits and a juvenile justice county council to...
- §985.668 Innovation zones.
The department shall encourage each of the juvenile justice circuit boards to propose at least one innovation zone within the circuit for the purpose of...
- §985.672 Direct-support organization; definition; use of property; board of directors; audit.
(1) DEFINITION.—As used in this section, the term "direct-support organization" means an organization whose sole purpose is to support the juvenile justice system and which is:(a) A...
- §985.676 Community juvenile justice partnership grants.
(1) GRANTS; CRITERIA.—(a) In order to encourage the development of county and circuit juvenile justice plans and the development and implementation of county and circuit interagency agreements...
- §985.682 Siting of facilities; study; criteria.
(1) The department is directed to conduct or contract for a statewide comprehensive study to determine current and future needs for all types of facilities for...
- §985.686 Shared county and state responsibility for juvenile detention.
(1) It is the policy of this state that the state and the counties have a joint obligation, as provided in this section, to contribute to...
- §985.688 Administering county and municipal delinquency programs and facilities.
(1) A county or municipal government may plan, develop, and coordinate services and programs for the control and rehabilitative treatment of delinquent behavior. (2) A county or...
- §985.69 One-time startup funding for juvenile justice purposes.
Funds from juvenile justice appropriations may be utilized as one-time startup funding for juvenile justice purposes that include, but are not limited to, remodeling or...
- §985.692 Juvenile Welfare Trust Fund.
(1) There is created in the Department of Juvenile Justice the Juvenile Welfare Trust Fund. The fund shall be credited with proceeds from the operation of...
- §985.694 Juvenile Care and Maintenance Trust Fund.
(1) There is created in the Department of Juvenile Justice the Juvenile Care and Maintenance Trust Fund. The fund shall be credited with any money or...
Part XII - Miscellaneous Offenses (ss. 985.701-985.731)
- §985.701 Sexual misconduct prohibited; reporting required; penalties.
(1)(a)1. As used in this subsection, the term:a. "Sexual misconduct" means fondling the genital area, groin, inner thighs, buttocks, or breasts of a person; the oral, anal,...
- §985.711 Introduction, removal, or possession of certain articles unlawful; penalty.
(1)(a) Except as authorized through program policy or operating procedure or as authorized by the facility superintendent, program director, or manager, a person may not introduce...
- §985.721 Escapes from secure detention or residential commitment facility.
An escape from:(1) Any secure detention facility maintained for the temporary detention of children, pending adjudication, disposition, or placement; (2) Any residential commitment facility described in s....
- §985.731 Sheltering unmarried minors; aiding unmarried minor runaways; violations.
(1)(a) A person who is not an authorized agent of the department or the Department of Children and Family Services may not knowingly shelter an unmarried...
Part XIII - Interstate Compact on Juveniles (ss. 985.801-985.8025)
Last modified: May 31, 2013
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