Title XLVII, Criminal Procedure and Corrections

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…

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 shall notify any victim of the offense, if such person is known and within the jurisdiction of the court, of the hearing.(2) T…

(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 rehabilitative program was made at the disposition hearing, place the child in a probation program. Such placement must be unde…

(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 rehabilitative program was made at the disposition hearing, order the child to make restitution in the manner provided in this …

(1) The department shall create and administer a statewide plan to hold youths accountable to the terms of their court-ordered probation and the terms of their conditional release. The plan must be based upon the principle that sanctions must reflect the seriousness of the violat…

(1)(a) This section is applicable when the court has jurisdiction over a child on probation, regardless of adjudication.(b) If the conditions of the probation program are violated, the department or the state attorney may bring the child before the court on a petition alleging a …

(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 rehabilitative program was made at the disposition hearing:(a) Commit the child to a licensed child-caring agency willing to rece…

(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 by the department.(2) The clerk of each court committing a child to the department shall prepare and attach to each commitment form a cert…

(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 a specified state, county, municipal, or community service organization supervised work program or to work for the victim, either as an alter…

(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 rehabilitative program was made at the disposition hearing:(a) Require the child and, if the court finds it appropriate, the ch…

(1) The Legislature finds that:(a) Conditional release is the care, treatment, help, supervision, and provision of transition-to-adulthood services to juveniles released from residential commitment programs to promote rehabilitation and prevent recidivism.(b) Conditional release …

(1) The Legislature finds that youth are faced with the need to learn how to support themselves within legal means and overcome the stigma of being delinquent. In most cases, parents expedite this transition. It is the intent of the Legislature that the department provide youth i…

A maximum-risk residential facility is a physically secure residential commitment program with a designated length of stay from 18 months to 36 months, primarily serving children 13 years of age to 19 years of age or until the jurisdiction of the court expires. Each child committ…

(1) 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 796, chapter 800, s. 827.071, or s. 847.0133;(b) A juvenile found to have committed any felony violation of law or delinquen…

(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 to establish programs and strategies to effectively respond to juvenile sexual offenders. In designing programs fo…

(1) As used in this section:(a) “Convicted” has the same meaning as provided in s. 943.0435.(b) “Electronic mail address” has the same meaning as provided in s. 668.602.(c) “Internet identifier” has the same meaning as provided in s. 775.21.(d) “Permanent residence,” “temporary r…

(1) As used in this section, the term:(a) “Change in status at an institution of higher education” has the same meaning as provided in s. 775.21.(b) “Conviction” has the same meaning as provided in s. 943.0435.(c) “Electronic mail address” has the same meaning as provided in s. 6…

(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 that would be a felony if committed by an adult, shall be committed to a maximum-risk residential program if the child has …

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. 985.033.History.—s. 63, ch. 2006-120.

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 need of services, or a delinquent child to attend a course of instruction in parenting skills, to accept counseling, or to receive other a…

(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 rehabilitative program was made at the disposition hearing:(a) Order the child’s parent or guardian, together with the child, t…

(1) When any child is placed into detention care or into other placement for the purpose of being supervised by the department pursuant to a court order following a detention hearing, the court shall order the child’s parents to pay fees to the department as provided in s. 985.03…

(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 appropriate district court of appeal within the time and in the manner prescribed by s. 924.051 and the Florida Rules of Appellate Procedure by:(a) Any ch…

(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 admission made by a child. The appeal must be taken before the adjudicatory hearing.(2) An appeal by the …

(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 order is affirmed, the appellate court shall direct the court from which the appeal was taken to implement the order. If an ord…

(1) VOLUNTARY WAIVER.—The court shall transfer and certify a child’s criminal case for trial as an adult if the child is alleged to have committed a violation of law and, prior to the commencement of an adjudicatory hearing, the child, joined by a parent or, in the absence of a p…

(1) DISCRETIONARY DIRECT FILE.—(a) With respect to any child who was 14 or 15 years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney’s judgment and discretion the public interest requires that adult sancti…

(1) A child of any age who is charged with a violation of state law punishable by death or by life imprisonment is subject to the jurisdiction of the court as set forth in s. 985.0301(2) unless and until an indictment on the charge is returned by the grand jury. When such indictm…

(1) POWERS OF DISPOSITION.—(a) A child who is found to have committed a violation of law may, as an alternative to adult dispositions, be committed to the department for treatment in an appropriate program for children outside the adult correctional system or be placed on juvenil…

(1) When any child under the age of 18 years is sentenced by any court of competent jurisdiction to the Department of Corrections, the Secretary of Juvenile Justice may transfer such child to the department for the remainder of the sentence, or until his or her 21st birthday, whi…

(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 delinquent behavior.(2) The department shall develop and implement an appropri…

(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 used for the costs of juvenile detention. Moneys credited to the trust fund shall consist of funds from the counties’ sha…

The department and the Department of Children and Families shall encourage interagency cooperation within each circuit and shall develop comprehensive agreements between the staff and providers for each department in order to coordinate the services provided to children who are l…

(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 operated or conducted by other departments in that it is essential to the state that these programs provid…

(1) ESTABLISHMENT.—(a) The department shall establish the Florida Scholars Academy to deliver educational opportunities to students served in residential commitment programs under this chapter.(b) Each residential program site established, authorized, or designated by the departm…

(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, jointly develop a multiagency plan for career and professional education (CAPE) that esta…

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 Florida children who are in the custody of a federal court or a federal correctional institution for violation of federal…

(1) INTENT.—It is the intent of the Legislature that the department establish a performance accountability system for each provider who contracts with the department for the delivery of services to children. The contract shall include both output measures, such as the number of c…

(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 Florida Rules of Juvenile Procedure. All rules and policies must conform to accepted standards of care and treatment.(2) Th…

(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 individuals and corporations in carrying out the purposes of, and the responsibilities establ…

(1) As used in this section, the term:(a) “Health care provider” means:1. A hospital licensed under chapter 395.2. A physician or physician assistant licensed under chapter 458.3. An osteopathic physician or physician assistant licensed under chapter 459.4. A podiatric physician …

(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 in a detention facility, delinquency program, or commitment program within any restrictiveness level, which is…

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 purpose of advising the department on programs, facilities, institutions, care, supervision, and all other services and treatment for children…