reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.293 - Determination of Damages and Losses.

960.293 Determination of damages and losses.—
(1) In a civil suit for damages filed by a crime victim against a convicted offender, the crime victim is entitled to liquidated damages in an amount equal to the actual damages award.
(2) Upon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs.
(a) If the conviction is for a capital or life felony, the convicted offender is liable for incarceration costs and other correctional costs in the liquidated damage amount of $250,000.
(b) If the conviction is for an offense other than a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender’s sentence shall be assessed against the convicted offender and in favor of the state or its local subdivisions. Damages shall be based upon the length of the sentence imposed by the court at the time of sentencing.
History.—s. 5, ch. 94-342; s. 28, ch. 95-184; s. 16, ch. 2009-63.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.294 - Effect of Civil Restitution Liens.

960.294 Effect of civil restitution liens.—
(1) PROPERTY SUBJECT TO CIVIL RESTITUTION LIEN.—The civil restitution lien is a lien upon any real or personal property of the convicted offender. If the full amount of the civil restitution lien is not satisfied from the real or personal property owned at the time of conviction, the civil restitution lien also is a lien upon any real or personal property which the convicted offender comes to possess subsequent to conviction, until the full amount of the lien is satisfied.
(2) APPLICABILITY OF ALL JUDGMENT ENFORCEMENT REMEDIES.—A civil restitution lien order may be enforced by the crime victims, the state and its local subdivisions, or other aggrieved parties named in the civil restitution lien order, in the same manner as a judgment in a civil action, including levy against personal property by the sheriffs of this state and foreclosure against nonexempt real property. The provisions of chapter 726 apply to the transfer of the convicted offender’s assets to a third party and all other judgment enforcement remedies that are available by law.
(3) RECORDING OF THE CIVIL RESTITUTION LIEN; LEVY BY SHERIFF.—The civil restitution lien order may be recorded in the public records. No charge may be assessed for the recording of the civil restitution lien order.
(4) DURATION OF THE CIVIL RESTITUTION LIEN.—The civil restitution lien continues for a period of 20 years after the date of entry of the civil restitution lien.
(5) RATE OF INTEREST.—A civil restitution lien under this section bears the rate of interest set forth in s. 55.03, from the date of its entry.
History.—s. 6, ch. 94-342; s. 32, ch. 95-184.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.295 - Civil Restitution Lien Supplemental to Other Forms of Restitution Available to Lienholder.

960.295 Civil restitution lien supplemental to other forms of restitution available to lienholder.—
(1) PRESERVATION OF EXISTING RESTITUTION REMEDIES.—The civil restitution lien provided for in this civil restitution lien act is intended to enable crime victims, the state and its local subdivisions, and other aggrieved parties to seek a restitution remedy that is alternative and supplemental to existing statutory and common-law remedies that are available for restitution. The rights of crime victims, the state and its local subdivisions, and other aggrieved parties to seek any existing remedy for restitution, instead of or in addition to seeking a civil restitution lien order under this civil restitution lien act, are preserved.
(2) APPLICABILITY OF OTHER CIVIL REMEDIES; ESTOPPEL AS A LIMITATION UPON ENFORCEMENT.—A civil restitution lien order entered under this civil restitution lien act does not bar any subsequent civil remedy or recovery, but the amount of such restitution must be set off against any subsequent independent civil recovery. Notwithstanding this civil restitution lien act, the crime victim, the state and its local subdivisions, or other aggrieved parties are not precluded from collecting costs on conviction ordered under chapter 939, relating to court costs; moneys awarded under this chapter, relating to victim assistance; moneys awarded by a restitution order under s. 775.089, relating to restitution; proceeds resulting from forfeitures ordered under chapter 895, relating to racketeering offenses and illegal debts; moneys distributed pursuant to a lien placed on the offender’s property under s. 944.512, relating to the state lien on literary and other accounts of crimes; or inmate reimbursements under chapter 946, relating to correctional work programs, except that no duplicate recovery may be made in favor of crime victims, the state and its local subdivisions, and other aggrieved parties.
History.—s. 7, ch. 94-342; s. 33, ch. 95-184.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.296 - Construction and Severability.

960.296 Construction and severability.—
(1) This civil restitution lien act supersedes law to the contrary. Notwithstanding any provision of law to the contrary, the provisions of this civil restitution lien act are controlling over any conflicting law.
(2) If any provision of this civil restitution lien act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.
History.—s. 8, ch. 94-342; s. 34, ch. 95-184.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.297 - Authorization for Governmental Right of Restitution for Costs of Incarceration.

960.297 Authorization for governmental right of restitution for costs of incarceration.—
(1) The state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s. 960.293.
(2) For those convicted offenders convicted before July 1, 1994, the state and its local subdivisions, in a separate civil action or as a counterclaim in any civil action, may seek recovery of the damages and losses set forth in s. 960.293, for the convicted offender’s remaining sentence after July 1, 1994.
(3) Civil actions authorized by this section may be commenced at any time during the offender’s incarceration and up to 5 years after the date of the offender’s release from incarceration or supervision, whichever occurs later.
History.—s. 9, ch. 94-342; s. 35, ch. 95-184; s. 17, ch. 2009-63.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 961 - Victims of Wrongful Incarceration Compensation › 961.01 - Short Title.

961.01 Short title.—Sections 961.01-961.07 may be cited as the “Victims of Wrongful Incarceration Compensation Act.”
History.—s. 1, ch. 2008-39.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 961 - Victims of Wrongful Incarceration Compensation › 961.02 - Definitions.

961.02 Definitions.—As used in ss. 961.01-961.07, the term:
(1) “Act” means the Victims of Wrongful Incarceration Compensation Act.
(2) “Department” means the Department of Legal Affairs.
(3) “Division” means the Division of Administrative Hearings.
(4) “Eligible for compensation” means that a person meets the definition of the term “wrongfully incarcerated person” and is not disqualified from seeking compensation under the criteria prescribed in s. 961.04.
(5) “Entitled to compensation” means that a person meets the definition of the term “eligible for compensation” and satisfies the application requirements prescribed in s. 961.05, and may receive compensation pursuant to s. 961.06.
(6) “Violent felony” means a felony listed in s. 775.084(1)(c)1. or s. 948.06(8)(c).
(7) “Wrongfully incarcerated person” means a person whose felony conviction and sentence have been vacated by a court of competent jurisdiction and who is the subject of an order issued by the original sentencing court pursuant to s. 961.03 finding that the person did not commit the act or offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or act as an accomplice or accessory to a person who committed the act or offense.
History.—s. 2, ch. 2008-39; s. 1, ch. 2017-120.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 961 - Victims of Wrongful Incarceration Compensation › 961.04 - Eligibility for Compensation for Wrongful Incarceration.

961.04 Eligibility for compensation for wrongful incarceration.—A wrongfully incarcerated person is not eligible for compensation under the act if:
(1) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony, or a crime committed in another jurisdiction the elements of which would constitute a violent felony in this state, or a crime committed against the United States which is designated a violent felony, excluding any delinquency disposition;
(2) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a violent felony, or more than one crime committed in another jurisdiction, the elements of which would constitute a felony in this state, or more than one crime committed against the United States which is designated a felony, excluding any delinquency disposition;
(3) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony;
(4) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a violent felony; or
(5) During the person’s wrongful incarceration, the person was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted.
History.—s. 4, ch. 2008-39; s. 2, ch. 2017-120.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 961 - Victims of Wrongful Incarceration Compensation › 961.07 - Continuing Appropriation.

961.07 Continuing appropriation.—Beginning in the 2008-2009 fiscal year and continuing each fiscal year thereafter, a sum sufficient to pay the approved payments under this act is appropriated from the General Revenue Fund to the Chief Financial Officer, which sum is further appropriated for expenditure pursuant to the provisions of this act.
History.—s. 7, ch. 2008-39.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.06 - Oaths, Records, and Confidential Information.

984.06 Oaths, records, and confidential information.—
(1) The judge, clerks or deputy clerks, or authorized agents of the department shall each have the power to administer oaths and affirmations.
(2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records pertaining to a child in need of services until 10 years after the last entry was made or until the child is 18 years of age, whichever date is first reached, and may then destroy them. The court shall make official records, consisting of all petitions and orders filed in a case arising pursuant to this chapter and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which are filed in the case.
(3) The clerk shall keep all court records required by this chapter separate from other records of the circuit court. Court records required by this chapter are not open to inspection by the public. All such records may be inspected only upon order of the court by a person deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents or legal custodians of the child and their attorneys, law enforcement agencies, and the department and its designees may inspect and copy any official record pertaining to the child. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and disposition the court deems proper, and may punish by contempt proceedings any violation of those conditions.
(4) Except as provided in subsection (3), all information obtained pursuant to this chapter in the discharge of official duty by any judge, employee of the court, authorized agent of the department, or law enforcement agent is confidential and may not be disclosed to anyone other than the authorized personnel of the court, the department and its designees, law enforcement agencies, and others entitled under this chapter to receive that information, except upon order of the court.
(5) All orders of the court entered pursuant to this chapter must be in writing and signed by the judge, except that the clerk or a deputy clerk may sign a summons or notice to appear.
(6) A court record of proceedings under this chapter is not admissible in evidence in any other civil or criminal proceeding, except that:
(a) Records of proceedings under this chapter forming a part of the record on appeal shall be used in the appellate court.
(b) Records that are necessary in any case in which a person is being tried upon a charge of having committed perjury are admissible in evidence in that case.
History.—s. 8, ch. 87-133; s. 7, ch. 90-53; s. 241, ch. 95-147; s. 34, ch. 96-398; s. 92, ch. 97-238.
Note.—Former s. 39.443; s. 39.4451.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.07 - Appointed Counsel; Compensation.

984.07 Appointed counsel; compensation.—If counsel is entitled to receive compensation for representation pursuant to court appointment in a child-in-need-of-services proceeding, such compensation shall not exceed $1,000 at the trial level and $2,500 at the appellate level.
History.—s. 8, ch. 87-133; s. 93, ch. 97-238.
Note.—Former s. 39.447.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.071 - Resources and Information.

984.071 Resources and information.—
(1) The Department of Juvenile Justice, in collaboration with the Department of Children and Families and the Department of Education, shall develop and publish an information packet that explains the current process under this chapter for obtaining assistance for a child in need of services or a family in need of services and the community services and resources available to parents of troubled or runaway children. In preparing the information packet, the Department of Juvenile Justice shall work with school district superintendents, juvenile court judges, county sheriffs, and other local law enforcement officials in order to ensure that the information packet lists services and resources that are currently available within the county in which the packet is distributed. Each information packet shall be annually updated. The school district shall distribute this information packet to parents of truant children and to other parents upon request or as deemed appropriate by the school district. In addition, the Department of Juvenile Justice shall distribute the information packet to state and local law enforcement agencies. Any law enforcement officer who has contact with the parent of a child who is locked out of the home or who runs away from home shall make the information available to the parent.
(2) The department, in collaboration with organizations that provide expertise, training, and advocacy in the areas of family and domestic violence, shall develop and maintain updated information and materials describing resources and services available to parents and legal custodians who are victims of domestic violence committed by children or who fear that they will become victims of such acts and to children who have committed acts of domestic violence or who demonstrate behaviors that may escalate into domestic violence. Such resources and services shall include, but are not limited to, those available under this chapter, domestic violence services available under chapter 39, and juvenile justice services available pursuant to chapter 985, including prevention, diversion, detention, and alternative placements. The materials shall describe how parents and legal custodians may access the resources and services in their local area. The department shall post this information on its website and make the materials available to certified domestic violence centers, other organizations serving victims of domestic violence, clerks of court, law enforcement agencies, and other appropriate organizations for distribution to the public.
History.—s. 17, ch. 97-281; s. 67, ch. 98-280; s. 334, ch. 2014-19; s. 1, ch. 2017-123.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.08 - Attorney’s Fees.

984.08 Attorney’s fees.—The court may appoint an attorney to represent a parent or legal guardian under this chapter only upon a finding that the parent or legal guardian is indigent pursuant to s. 57.082. If an attorney is appointed, the parent or legal guardian shall be enrolled in a payment plan pursuant to s. 28.246.
History.—s. 1, ch. 94-329; s. 5, ch. 95-267; s. 94, ch. 97-238; s. 138, ch. 2003-402; s. 46, ch. 2008-111.
Note.—Former s. 39.017.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.085 - Sheltering Unmarried Minors; Aiding Unmarried Minor Runaways; Violations.

984.085 Sheltering unmarried minors; aiding unmarried minor runaways; violations.—
(1)(a) A person who is not an authorized agent of the Department of Juvenile Justice or the Department of Children and Families may not knowingly shelter an unmarried minor for more than 24 hours without the consent of the minor’s parent or guardian or without notifying a law enforcement officer of the minor’s name and the fact that the minor is being provided shelter.
(b) A person may not knowingly provide aid to an unmarried minor who has run away from home without first contacting the minor’s parent or guardian or notifying a law enforcement officer. The aid prohibited under this paragraph includes assisting the minor in obtaining shelter, such as hotel lodgings.
(2) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 14, ch. 97-281; s. 335, ch. 2014-19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.086 - Children Locked Out of the Home; Interagency Cooperation.

984.086 Children locked out of the home; interagency cooperation.—The Department of Juvenile Justice 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 locked out of the home and the families of those children.
History.—s. 15, ch. 97-281; s. 15, ch. 2000-135; s. 336, ch. 2014-19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.10 - Intake.

984.10 Intake.—
(1) Intake shall be performed by the department. A report or complaint alleging that a child is from a family in need of services shall be made to the intake office operating in the county in which the child is found or in which the case arose. Any person or agency, including, but not limited to, the parent or legal custodian, the local school district, a law enforcement agency, or the Department of Children and Families, having knowledge of the facts may make a report or complaint.
(2) A representative of the department shall make a preliminary determination as to whether the report or complaint is complete. The criteria for the completeness of a report or complaint with respect to a child alleged to be from a family in need of services while subject to compulsory school attendance shall be governed by s. 984.03(27). In any case in which the representative of the department finds that the report or complaint is incomplete, the representative of the department shall return the report or complaint without delay to the person or agency originating the report or complaint or having knowledge of the facts or to the appropriate law enforcement agency having investigative jurisdiction and request additional information in order to complete the report or complaint.
(3) If the representative of the department determines that in his or her judgment the interests of the family, the child, and the public will be best served by providing the family and child services and treatment voluntarily accepted by the child and the parents or legal custodians, the departmental representative may refer the family or child to an appropriate service and treatment provider. As part of the intake procedure, the departmental representative shall inform the parent or legal custodian, in writing, of the services and treatment available to the child and family by department providers or community agencies and the rights and responsibilities of the parent or legal guardian under this chapter.
(4) If the department has reasonable grounds to believe that the child has been abandoned, abused, or neglected, it shall proceed pursuant to the provisions of chapter 39.
History.—s. 8, ch. 87-133; s. 3, ch. 88-319; s. 234, ch. 95-147; s. 4, ch. 95-152; s. 8, ch. 95-280; s. 22, ch. 96-398; s. 168, ch. 97-101; s. 96, ch. 97-238; s. 5, ch. 97-281; s. 68, ch. 98-280; s. 166, ch. 98-403; s. 17, ch. 2000-135; s. 337, ch. 2014-19.
Note.—Former s. 39.423.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.11 - Services to Families in Need of Services.

984.11 Services to families in need of services.—
(1) Services and treatment to families in need of services shall be by voluntary agreement of the parent or legal guardian and the child or as directed by a court order pursuant to s. 984.22.
(2) These services may include, but need not be limited to:
(a) Homemaker or parent aide services.
(b) Intensive crisis counseling.
(c) Parent training.
(d) Individual, group, or family counseling.
(e) Community mental health services.
(f) Prevention and diversion services.
(g) Services provided by voluntary or community agencies.
(h) Runaway center services.
(i) Housekeeper services.
(j) Special educational, tutorial, or remedial services.
(k) Vocational, job training, or employment services.
(l) Recreational services.
(m) Assessment.
(3) The department shall advise the parents or legal guardian that they are responsible for contributing to the cost of the child or family services and treatment to the extent of their ability to pay. The department shall set and charge fees for services and treatment provided to clients. The department may employ a collection agency for the purpose of receiving, collecting, and managing the payment of unpaid and delinquent fees. The collection agency must be registered and in good standing under chapter 559. The department may pay to the collection agency a fee from the amount collected under the claim or may authorize the agency to deduct the fee from the amount collected.
(4) The department may file a petition with the circuit court to enforce the collection of fees for services and treatment rendered to the child or the parent and other legal custodians.
History.—s. 8, ch. 87-133; s. 4, ch. 90-53; s. 23, ch. 96-398; s. 97, ch. 97-238; s. 6, ch. 97-281.
Note.—Former s. 39.424.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.16 - Process and Service.

984.16 Process and service.—
(1) Personal appearance of any person in a hearing before the court shall obviate the necessity of serving process on that person.
(2) Upon the filing of a petition containing allegations of facts which, if true, would constitute the child therein being named a child in need of services, and upon the request of the petitioner, the clerk or deputy clerk shall issue a summons.
(3) The summons shall require the person on whom it is served to appear for a hearing at a time and place specified. Except in cases of medical emergency, the time shall not be less than 24 hours after service of the summons. The summons may require the custodian to bring the child to court if the court determines that the child’s presence is necessary. A copy of the petition shall be attached to the summons.
(4) The summons shall be directed to, and shall be served upon, the following persons:
(a) The parents.
(b) The legal custodian, actual custodian, and guardian ad litem.
(c) The child.
(5) The jurisdiction of the court shall attach to the child and the parent, custodian, or legal guardian of the child and the case when the summons is served upon the child or a parent or legal or actual custodian of the child or when the child is taken into custody with or without service of summons and after filing of a petition for a child in need of services, and thereafter the court may control the child and case in accordance with this chapter.
(6) Upon the application of a party or the petitioner, the clerk or deputy clerk shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing.
(7) All process and orders issued by the court shall be served or executed as other process and orders of the circuit court and, in addition, may be served or executed by authorized agents of the department.
(8) Subpoenas may be served within the state by any person over 18 years of age who is not a party to the proceeding.
(9) No fee shall be paid for service of any process or other papers by an agent of the department. If any process, orders, or other papers are served or executed by any sheriff, the sheriff’s fees shall be paid by the county.
(10) If the party to whom an order is directed is present or represented at the final hearing, service of such order shall not be required.
History.—s. 8, ch. 87-133; s. 12, ch. 92-170; s. 28, ch. 96-398; s. 102, ch. 97-238; s. 70, ch. 98-280.
Note.—Former s. 39.437.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.17 - Response to Petition and Representation of Parties.

984.17 Response to petition and representation of parties.—
(1) At the time a petition is filed, the court may appoint a guardian ad litem for the child.
(2) No answer to the petition or any other pleading need be filed by any child, parent, or legal custodian, but any matters which might be set forth in an answer or other pleading may be pleaded orally before the court or filed in writing as any such person may choose. Notwithstanding the filing of an answer or any pleading, the child or parent shall, prior to an adjudicatory hearing, be advised by the court of the right to counsel.
(3) When a petition for a child in need of services has been filed and the parents, guardian, or legal custodian of the child and the child have advised the department that the truth of the allegations is acknowledged and that no contest is to be made of the adjudication, the attorney representing the department may set the case before the court for a disposition hearing. If there is a change in the plea at this hearing, the court shall continue the hearing to permit the attorney representing the department to prepare and present the case.
(4) An attorney representing the department shall represent the state in any proceeding in which the petition alleges that a child is a child in need of services and in which a party denies the allegations of the petition and contests the adjudication.
History.—s. 8, ch. 87-133; s. 13, ch. 92-170; s. 236, ch. 95-147; s. 29, ch. 96-398; s. 103, ch. 97-238; s. 9, ch. 97-281.
Note.—Former s. 39.438.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.18 - Referral of Child-in-Need-of-Services Cases to Mediation.

984.18 Referral of child-in-need-of-services cases to mediation.—
(1) At any stage in a child-in-need-of-services proceeding, the case staffing committee or any party may request the court to refer the parties to mediation in accordance with chapter 44 and rules and procedures developed by the Supreme Court.
(2) A court may refer the parties to mediation.
(3) The department shall advise the parties or legal guardians that they are responsible for contributing to the cost of the child-in-need-of-services mediation to the extent of their ability to pay.
(4) This section applies only to courts in counties in which child-in-need-of-services mediation programs have been established and does not require the establishment of such programs in any county.
History.—s. 23, ch. 94-164; s. 27, ch. 96-398; s. 104, ch. 97-238.
Note.—Former s. 39.4365; s. 39.4431.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.21 - Orders of Adjudication.

984.21 Orders of adjudication.—
(1) If the court finds that the child named in a petition is not a child in need of services, it shall enter an order so finding and dismissing the case.
(2) If the court finds that the child named in the petition is a child in need of services, but finds that no action other than supervision in the home is required, it may enter an order briefly stating the facts upon which its finding is based, but withholding an order of adjudication and placing the child and family under the supervision of the department. If the court later finds that the parent, guardian, or custodian of the child have not complied with the conditions of supervision imposed, the court may, after a hearing to establish the noncompliance, but without further evidence of the state of the child in need of services, enter an order of adjudication and shall thereafter have full authority under this chapter to provide for the child as adjudicated.
(3) If the court finds that the child named in a petition is a child in need of services, but elects not to proceed under subsection (2), it shall incorporate that finding in an order of adjudication entered in the case, briefly stating the facts upon which the finding is made, and the court shall thereafter have full authority under this chapter to provide for the child as adjudicated.
(4) An order of adjudication by a court that a child is a child in need of services shall not be deemed a conviction, nor shall the child be deemed to have been found guilty or to be a criminal by reason of that adjudication, nor shall that adjudication operate to impose upon the child any of the civil disabilities ordinarily imposed by or resulting from conviction or disqualify or prejudice the child in any civil service application or appointment.
History.—s. 8, ch. 87-133; s. 239, ch. 95-147; s. 107, ch. 97-238; s. 72, ch. 98-280.
Note.—Former s. 39.441.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.23 - Court and Witness Fees.

984.23 Court and witness fees.—In all proceedings under this chapter, no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition or any parent or legal custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law.
History.—s. 8, ch. 87-133; s. 109, ch. 97-238; s. 76, ch. 98-280.
Note.—Former s. 39.4375.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 984 - Children and Families in Need of Services › 984.24 - Appeal.

984.24 Appeal.—The state, any child, or the family, guardian ad litem, or legal custodian of any child who is affected by an order of the court pursuant to this chapter may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure.
History.—s. 8, ch. 87-133; s. 33, ch. 96-398; s. 110, ch. 97-238; s. 77, ch. 98-280; s. 168, ch. 98-403.
Note.—Former s. 39.445; s. 39.4441.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part I - General Provisions (Ss. 985.01-985.039) › 985.031 - Age limitation; exception.

985.031 Age limitation; exception.—
(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 of law is a forcible felony as defined in s. 776.08.
History.—s. 8, ch. 2021-241.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part I - General Provisions (Ss. 985.01-985.039) › 985.032 - Legal representation for delinquency cases.

985.032 Legal representation for delinquency cases.—
(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, ch. 94-209; s. 1334, ch. 95-147; s. 2, ch. 97-101; s. 10, ch. 97-238; s. 6, ch. 2006-120; s. 3, ch. 2013-112.
Note.—Former s. 39.014; s. 985.202.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part I - General Provisions (Ss. 985.01-985.039) › 985.033 - Right to counsel.

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 parents or other legal guardian are indigent and unable to employ counsel for the child, the court shall appoint counsel under s. 27.52. Determination of indigence and costs of representation shall be as provided by ss. 27.52 and 938.29. Legal counsel representing a child who exercises the right to counsel shall be allowed to provide advice and counsel to the child at any time subsequent to the child’s arrest, including prior to a detention hearing while in secure detention care. A child shall be represented by legal counsel at all stages of all court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child. If the child appears without counsel, the court shall advise the child of his or her rights with respect to representation of court-appointed counsel.
(2) This section does not apply to transfer proceedings under s. 985.441(4), unless the court sets a hearing to review the transfer.
(3) If the parents or legal guardian of an indigent child are not indigent but refuse to employ counsel, the court shall appoint counsel pursuant to s. 27.52 to represent the child at the detention hearing and until counsel is provided. Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29. Thereafter, the court shall not appoint counsel for an indigent child with nonindigent parents or legal guardian but shall order the parents or legal guardian to obtain private counsel. A parent or legal guardian of an indigent child who has been ordered to obtain private counsel for the child and who willfully fails to follow the court order shall be punished by the court in civil contempt proceedings.
(4) An indigent child with nonindigent parents or legal guardian may have counsel appointed pursuant to s. 27.52 if the parents or legal guardian have willfully refused to obey the court order to obtain counsel for the child and have been punished by civil contempt and then still have willfully refused to obey the court order. Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29.
(5) Notwithstanding any provision of this section or any other law to the contrary, if a child is transferred for criminal prosecution pursuant to this chapter, a nonindigent or indigent-but-able-to-contribute parent or legal guardian of the child pursuant to s. 27.52 is liable for necessary legal fees and costs incident to the criminal prosecution of the child as an adult.
History.—s. 5, ch. 90-208; s. 220, ch. 95-147; s. 4, ch. 96-232; s. 11, ch. 97-238; s. 30, ch. 97-271; s. 129, ch. 99-3; s. 139, ch. 2003-402; s. 165, ch. 2004-5; s. 90, ch. 2004-265; s. 7, ch. 2006-120; s. 3, ch. 2011-54.
Note.—Former s. 39.041; s. 985.203.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part I - General Provisions (Ss. 985.01-985.039) › 985.035 - Opening hearings.

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 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 served by so doing. Hearings involving more than one child may be held simultaneously when the children were involved in the same transactions.
(2) Except as provided in subsection (1), nothing in this section shall prohibit the publication of proceedings in a hearing.
History.—s. 13, ch. 97-238; s. 8, ch. 2006-120.
Note.—Former s. 985.205.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part I - General Provisions (Ss. 985.01-985.039) › 985.036 - Rights of victims; juvenile proceedings.

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 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 homicide victim,
from the right, upon request, to be informed of, to be present during, and to be heard at all stages of the proceedings involving the juvenile offender. A person enumerated in this section may not reveal to any outside party any confidential information obtained under this subsection regarding a case involving a juvenile offense, except as is reasonably necessary to pursue legal remedies.
(2) A law enforcement agency may release a copy of the juvenile offense report to the victim of the offense. However, information gained by the victim under this chapter, including the next of kin of a homicide victim, regarding any case handled in juvenile court must not be revealed to any outside party, except as is reasonably necessary in pursuit of legal remedies.
History.—s. 1, ch. 92-66; s. 14, ch. 97-238; s. 9, ch. 2006-120; s. 3, ch. 2022-106.
Note.—Former s. 39.0515; s. 985.206.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part III - Custody and Intake; Intervention and Diversion (Ss. 985.101-985.175) › 985.125 - Prearrest or postarrest diversion programs.

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 prearrest or 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 refrain from applying for a driver license, for not more than 90 days. If the child fails to comply with the requirements of the program, the state attorney may notify the Department of Highway Safety and Motor Vehicles in writing to suspend the child’s driver license for a period that may not exceed 90 days.
History.—s. 1, ch. 99-267; s. 29, ch. 2001-125; s. 11, ch. 2001-127; s. 20, ch. 2006-120; s. 4, ch. 2016-42; s. 10, ch. 2018-127.
Note.—Former s. 985.3065.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part III - Custody and Intake; Intervention and Diversion (Ss. 985.101-985.175) › 985.15 - Filing decisions.

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 the action that is in the best interest of the public and the child. If the child meets the criteria requiring prosecution as an adult under s. 985.556, the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such a request. In all other cases, the state attorney may:
(a) File a petition for dependency;
(b) File a petition under chapter 984;
(c) File a petition for delinquency;
(d) File a petition for delinquency with a motion to transfer and certify the child for prosecution as an adult;
(e) File an information under s. 985.557;
(f) Refer the case to a grand jury;
(g) Refer the child to a diversionary, pretrial intervention, arbitration, or mediation program, or to some other treatment or care program if such program commitment is voluntarily accepted by the child or the child’s parents or legal guardian; or
(h) Decline to file.
(2) In cases in which a delinquency report, affidavit, or complaint is filed by a law enforcement agency and the state attorney determines not to file a petition, the state attorney shall advise the clerk of the circuit court in writing that no petition will be filed thereon.
History.—s. 25, ch. 2006-120; s. 150, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part III - Custody and Intake; Intervention and Diversion (Ss. 985.101-985.175) › 985.175 - The PACE Center for Girls.

985.175 The PACE Center for Girls.—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 Code, to provide alternatives to institutionalization or commitment for girls and young women through services including, but not limited to, education, counseling, training, and advocacy.
History.—s. 1, ch. 2020-121.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part IV - Examinations and Evaluations (Ss. 985.18-985.195) › 985.185 - Evaluations for disposition.

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 commitment disposition is anticipated or recommended by an officer of the court or by the department.
(2) Prior to making a final disposition of the case, the court may order additional evaluations and studies to be performed by the department, by the county school system, or by any social, psychological, or psychiatric agencies of the state. The court shall order the educational needs assessment completed under s. 985.18(2) to be included in the assessment and predisposition report.
History.—s. 37, ch. 97-238; s. 29, ch. 2000-135; s. 29, ch. 2006-120.
Note.—Former s. 985.229(1), (2).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part IV - Examinations and Evaluations (Ss. 985.18-985.195) › 985.195 - Transfer to other treatment services.

985.195 Transfer to other treatment services.—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. 90-208; s. 17, ch. 93-39; s. 78, ch. 97-238; s. 30, ch. 2006-120; s. 50, ch. 2013-162.
Note.—Former s. 39.063; s. 985.418.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part V - Detention (Ss. 985.24-985.275) › 985.24 - Use of detention; prohibitions.

985.24 Use of detention; prohibitions.—
(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 evidenced by recent behavior, including the illegal possession or use of a firearm;
(c) Presents a history of committing a property offense prior to adjudication, disposition, or placement;
(d) Has committed contempt of court by:
1. Intentionally disrupting the administration of the court;
2. Intentionally disobeying a court order; or
3. Engaging in a punishable act or speech in the court’s presence which shows disrespect for the authority and dignity of the court; or
(e) Requests protection from imminent bodily harm.
(2) A child who is placed on supervised release detention care may be required to comply with any available condition established by the department or ordered by the court, including electronic monitoring, if the court finds such a condition is necessary to preserve public safety or to ensure the child’s safety or appearance in court.
(3) A child alleged to have committed a delinquent act or violation of law may not be placed into secure or supervised release detention care for any of the following reasons:
(a) To allow a parent to avoid his or her legal responsibility.
(b) To permit more convenient administrative access to the child.
(c) To facilitate further interrogation or investigation.
(d) Due to a lack of more appropriate facilities.
(4) A child who is alleged to be dependent under chapter 39, but who is not alleged to have committed a delinquent act or violation of law, may not, under any circumstances, be placed into secure detention care.
(5) The department shall continue to identify and develop supervised release detention options and annually submit them to the Legislature for authorization and appropriation.
History.—s. 5, ch. 90-208; s. 3, ch. 93-408; ss. 29, 30, ch. 94-209; ss. 21, 22, ch. 97-238; s. 80, ch. 98-280; s. 31, ch. 2006-120; s. 14, ch. 2014-162; s. 6, ch. 2018-86; s. 1, ch. 2022-181; s. 4, ch. 2023-87.
Note.—Subsection (1) former s. 39.042(1); s. 985.213(1). Subsections (3), (4) former s. 39.043; s. 985.214. Subsection (5) former s. 39.042(4); s. 985.213(4).