Title XLVII, Criminal Procedure and Corrections

(1) This section may be cited as the “Kaia Rolle Act.”(2) A child younger than 7 years of age may not be arrested, charged, or adjudicated delinquent for a delinquent act or violation of law based on an act occurring before he or she reaches 7 years of age, unless the violation o…

(1) For cases arising under this chapter, the state attorney shall represent the state.(2) A juvenile who has been adjudicated delinquent or has adjudication of delinquency withheld shall be assessed costs of prosecution as provided in s. 938.27.History.—s. 2, ch. 92-170; s. 13, …

(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 parents or other legal guardian are indigent and unable to employ counsel for the child, the court shall appoint counsel under s.…

(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 the court. The court, in its discretion, may close any hearing to the public when the public interest and the welfare of the child are best s…

(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 victim or of the victim’s parent or guardian if the victim is a minor; or(d) The next of kin if the victim is a ho…

(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 provision of this chapter or order of the court relative thereto. It is the intent of the Legislature that the …

(1) Except as provided in subsection (3) or subsection (4):(a) When any child is placed into supervised release detention, probation, or other supervision status with the department, the court shall order the parent of such child to pay to the department a fee for the cost of the…

(1)(a) 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 by any judge, any employee of the court, any authorized agent of the department, the Florida Commission on Offender Review…

(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 pertaining to a child charged with committing a delinquent act or violation of law until the child reaches 24 years of age or reaches 26 …

(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 and implementing a workable statewide system of sharing information among school districts, state…

(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, the sheriff of the county in which juveniles are taken into custody is encouraged to main…

(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 testimony, either before or after a petition is filed.(b) For a delinquent act or violation of law, pursuant to Florid…

(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 fingerprinted and the fingerprints must be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(a).(b) Unless the child is issu…

(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 or s. 985.26, and unless there is a need to hold the child, a person taking a child into custody shall attempt to release the…

(1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that the creation and implementation of any prearrest delinquency citation programs at the judicial circuit level promotes public safety, aids interagency cooperation, and provides the greatest chance of success for prear…

(1) A law enforcement agency, in cooperation with the state attorney, may establish a postarrest diversion program.(2) As part of the postarrest diversion program, a child who is alleged to have committed a delinquent act may be required to surrender his or her driver license, or…

(1) As used in this section, the term “diversion program” has the same meaning as provided in s. 943.0582.(2) Upon issuance of documentation requiring a minor to participate in a diversion program, before or without an arrest, the issuing law enforcement officer shall send a copy…

(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 probation officer within 24 hours after such release, stating the facts and the reason for taking the child into custody. Suc…

(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 for youth referred to the department.(2) The department shall work cooperatively with subs…

(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 child was not released, referred to a diversionary program, referred for community arbitration, or referred to some other pr…

(1) The department shall serve as the primary case manager for the purpose of managing, coordinating, and monitoring the services provided to the child. Each program administrator within the Department of Children and Families shall cooperate with the primary case manager in carr…

(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 the action that is in the best interest of the public and the child. If the child meets the criteria requiring prosecution as an a…

(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 Restorative Justice Center established by the state attorney pursuant to subsection…

(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 informal manner at the community or neighborhood level, in an attempt to reduce the ever-increasing instances of delinquent acts…

(1) The Legislature finds that prevention services decrease recidivism by addressing the needs of at-risk youth and their families, preventing further involvement of such youth in the juvenile justice system, protecting the safety of the public, and facilitating successful reentr…

As authorized by and consistent with funding appropriated in the General Appropriations Act, the department may contract, in accordance with s. 985.644, with the PACE Center for Girls, a nonprofit organization exempt from taxation pursuant to s. 501(c)(3) of the Internal Revenue …

(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 by a physician. The court may also order the child to be evaluated by a psychiatrist or a psychologist, by a district school board educa…

(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 commitment disposition is anticipated or recommended by an officer of the court or by the depart…

(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 be incompetent to proceed with the hearing, the court on its own motion may, or on the motion of the child’s attorney or state attorney must, stay a…

Any child committed to the department may be transferred to intellectual disability, mental health, or substance abuse treatment facilities for diagnosis and evaluation pursuant to chapter 393, chapter 394, or chapter 397, as applicable, for up to 90 days.History.—s. 5, ch. 90-20…

(1) All determinations and court orders regarding the use of detention care shall be based primarily upon findings that the child:(a) Presents a substantial risk of not appearing at a subsequent hearing;(b) Presents a substantial risk of inflicting bodily harm on others as eviden…

(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 shall be based on a risk assessment of the child, unless the child is placed into detention care as provided in s. …

(1) The department shall receive custody of a child who has been taken into custody from the law enforcement agency or court and shall review the facts in the law enforcement report or probable cause affidavit and make such further inquiry as may be necessary to determine whether…

(1) Subject to s. 985.25(1), a child taken into custody and placed into detention care shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order a continued detention status if:(a) The result of the risk assessment instrument pur…

(1) A child may not be placed into or held in detention care for longer than 24 hours unless the court orders such detention care, and the order includes specific instructions that direct the release of the child from such detention care, in accordance with s. 985.255. The order …

(1) If a child is detained under this part, the department may transfer the child from supervised release detention care to secure detention care only if significantly changed circumstances warrant such transfer.(2) If a child is on release status and not detained under this part…

The court must place all children who are adjudicated and awaiting placement in a moderate-risk, high-risk, or maximum-risk residential commitment program in secure detention care until the placement or commitment is accomplished.History.—s. 5, ch. 90-208; s. 31, ch. 94-209; s. 4…

(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 commitment facility or from being lawfully transported thereto or therefrom, or has absconded from a nonresidential …

(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 filing of a petition for delinquency by the state attorney.(2) The petition shall be in writing and shall be signed by the state attorney u…

(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 petition containing allegations of facts which, if true, would establish that the child committed a delinquent act or violation of…

(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 because of the nature of the summons or because the employee complies with the summons.(2) If an employer, or the employer’s ag…

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 any parent or legal guardian or custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law.Hi…

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 his or her parent, legal custodian, or guardian. Any matters which might be set forth in an answer or other pleading may be pleaded orally before the c…

(1)(a) Notwithstanding any other law, a child who is charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893; tampering with evidence; solicitation for purchase of a controlled substance; or obtaining a prescripti…

(1)(a) Except as provided in paragraph (b), 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 law is filed and in accordance with the Florida Rules of Juvenile Procedure; but reason…

(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 for disposition other than by adjudication and commitment to the department or for disposition of adjudicat…