reglab/statecodes huggingface dataset:
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) › 985.245 - Risk assessment instrument.

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 shall be based on a risk assessment of the child, unless the child is placed into detention care as provided in s. 985.255(2).
(2)(a) The risk assessment instrument for detention care placement determinations and orders shall be developed by the department in agreement with representatives appointed by the following associations: the Conference of Circuit Judges of Florida, the Prosecuting Attorneys Association, the Public Defenders Association, the Florida Sheriffs Association, and the Florida Association of Chiefs of Police. Each association shall appoint two individuals, one representing an urban area and one representing a rural area. The parties involved shall evaluate and revise the risk assessment instrument as is considered necessary using the method for revision as agreed by the parties.
(b) The risk assessment instrument shall take into consideration, but need not be limited to, pending felony and misdemeanor offenses, offenses committed pending adjudication, prior offenses, unlawful possession or use of a firearm, prior history of failure to appear, violations of supervision, and supervision status at the time the child is taken into custody. The risk assessment instrument shall also take into consideration all statutory mandates for detention care. The risk assessment instrument shall also include any information concerning the child’s history of abuse and neglect. The risk assessment shall indicate whether detention care is warranted, and, if detention care is warranted, whether the child should be placed into secure or supervised release detention care.
(3) If, at the detention hearing, the court finds a material error in the scoring of the risk assessment instrument, the court may amend the score to reflect factual accuracy.
(4) For a child who is under the supervision of the department through probation, supervised release detention, conditional release, postcommitment probation, or commitment and who is charged with committing a new offense, the risk assessment instrument may be completed and scored based on the underlying charge for which the child was placed under the supervision of the department.
History.—s. 5, ch. 90-208; s. 7, ch. 92-287; s. 21, ch. 93-230; s. 3, ch. 93-408; s. 29, ch. 94-209; s. 9, ch. 95-267; s. 21, ch. 97-238; s. 79, ch. 98-280; s. 8, ch. 2000-134; s. 18, ch. 2001-125; s. 16, ch. 2002-55; s. 32, ch. 2006-120; s. 15, ch. 2014-162; s. 12, ch. 2017-164; s. 7, ch. 2018-86; s. 5, ch. 2023-87.
Note.—Former s. 39.042(2); s. 985.213(2).
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) › 985.25 - Detention intake.

985.25 Detention intake.—
(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 detention care is appropriate.
(a) During the period of time from the taking of the child into custody to the date of the detention hearing, the initial decision as to the child’s placement into detention care shall be made by the department under ss. 985.24 and 985.245(1).
(b) The department shall base the decision whether to place the child into detention care on an assessment of risk in accordance with the risk assessment instrument and procedures developed by the department under s. 985.245, except that a child shall be placed in secure detention care until the child’s detention hearing if the child meets the criteria specified in s. 985.255(1)(f), is charged with possessing or discharging a firearm on school property in violation of s. 790.115, or is charged with any other offense involving the possession or use of a firearm.
(c) If the final score on the child’s risk assessment instrument indicates detention care is appropriate, but the department otherwise determines the child should be released, the department shall contact the state attorney, who may authorize release.
(d) If the final score on the risk assessment instrument indicates detention is not appropriate, the child may be released by the department in accordance with ss. 985.115 and 985.13.
Under no circumstances shall the department or the state attorney or law enforcement officer authorize the detention of any child in a jail or other facility intended or used for the detention of adults, without an order of the court.
(2) The arresting law enforcement agency shall complete and present its investigation of an offense to the appropriate state attorney’s office within 8 days after placement of the child in secure detention. The investigation shall include, but is not limited to, police reports and supplemental police reports, witness statements, and evidence collection documents. The failure of a law enforcement agency to complete and present its investigation within 8 days shall not entitle a juvenile to be released from secure detention or to a dismissal of any charges.
History.—s. 5, ch. 90-208; s. 31, ch. 94-209; s. 1343, ch. 95-147; s. 10, ch. 95-267; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 4, ch. 99-284; s. 9, ch. 2000-134; s. 33, ch. 2006-120; s. 16, ch. 2014-162; s. 2, ch. 2017-164; s. 8, ch. 2018-86; s. 6, ch. 2023-87.
Note.—Subsection (1) former s. 39.044(1); s. 985.215(1). Subsection (2) former s. 985.215(5)(b).
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) › 985.27 - Postdisposition detention while awaiting residential commitment placement.

985.27 Postdisposition detention while awaiting residential commitment placement.—The court must place all children who are adjudicated and awaiting placement in a nonsecure, 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. 42, ch. 95-267; s. 5, ch. 96-398; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 9, ch. 2000-134; s. 5, ch. 2000-327; s. 19, ch. 2001-125; s. 4, ch. 2005-263; s. 37, ch. 2006-120; s. 20, ch. 2014-162; s. 6, ch. 2017-164.
Note.—Former s. 39.044(10)(a)-(d); s. 985.215(10)(a)-(d), (f).
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) › 985.275 - Detention of escapee or absconder on authority of the department.

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 commitment facility or from being lawfully transported thereto or therefrom, or has absconded from a nonresidential commitment facility, the agent shall notify law enforcement and, if the offense would require notification under chapter 960, notify the victim. The agent shall make every reasonable effort as permitted within existing resources provided to the department to locate the delinquent child, and the child may be returned to the facility or, if it is closer, to a detention center for return to the facility. However, a child may not be held in detention longer than 24 hours, excluding Saturdays, Sundays, and legal holidays, unless a special order so directing is made by the judge after a detention hearing resulting in a finding that detention is required based on the criteria in s. 985.255. The order shall state the reasons for such finding. The reasons shall be reviewable by appeal or in habeas corpus proceedings in the district court of appeal.
(2) Any sheriff or other law enforcement officer, upon the request of the secretary of the department or duly authorized agent, shall take a child who has escaped from a residential commitment facility or from being lawfully transported thereto or therefrom, or has absconded from a nonresidential commitment facility, into custody and deliver the child to the appropriate juvenile probation officer.
History.—s. 5, ch. 90-208; s. 7, ch. 92-287; s. 54, ch. 94-209; s. 16, ch. 97-238; s. 9, ch. 98-207; s. 13, ch. 99-284; s. 3, ch. 2005-263; s. 38, ch. 2006-120; s. 21, ch. 2014-162; s. 14, ch. 2017-164.
Note.—Former s. 39.064; s. 985.208.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VI - Petition, Arraignment, and Adjudication (Ss. 985.318-985.35) › 985.318 - Petition.

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 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 under oath.
(3) The state attorney shall represent the state in all proceedings in which a petition alleges delinquency.
(4) When a petition has been filed and the child or his or her counsel has advised the state attorney that the truth of the allegations is admitted and that no contest is to be made of the allegations in the petition, the state attorney may request that the case be set for an adjudicatory hearing. If the child changes the plea at the adjudicatory hearing, the court shall continue the hearing to permit the state attorney to prepare and present the case for the state.
(5) The form of the petition and its contents shall be determined by rules of procedure adopted by the Supreme Court.
History.—s. 5, ch. 90-208; s. 14, ch. 93-230; s. 221, ch. 95-147; s. 26, ch. 97-238; s. 81, ch. 98-280; s. 36, ch. 99-284; s. 39, ch. 2006-120.
Note.—Former s. 39.048; s. 985.218.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VI - Petition, Arraignment, and Adjudication (Ss. 985.318-985.35) › 985.325 - Threatening or dismissing an employee prohibited.

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 because of the nature of the summons or because the employee complies with the summons.
(2) If an employer, or the employer’s agent, threatens an employee with dismissal, or dismisses an employee, who is summoned to appear under s. 985.319, the court may hold the employer in contempt.
History.—s. 40, ch. 94-209; s. 1348, ch. 95-147; s. 28, ch. 97-238; s. 41, ch. 2006-120.
Note.—Former s. 39.0495; s. 985.22.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VI - Petition, Arraignment, and Adjudication (Ss. 985.318-985.35) › 985.331 - Court and witness fees.

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 any parent or legal guardian or custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law.
History.—s. 5, ch. 90-208; s. 29, ch. 97-238; s. 42, ch. 2006-120.
Note.—Former s. 39.073; s. 985.221.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VI - Petition, Arraignment, and Adjudication (Ss. 985.318-985.35) › 985.335 - No answer to petition required.

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 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 court. An answer admitting the allegations of the petition may be filed by the child joined by a parent or the child’s counsel. The answer must acknowledge that the child has been advised of the right to counsel, of the right to remain silent, and of the possible dispositions available to the court. It shall provide for a waiver of the adjudicatory hearing, a statement of consent to an order of adjudication, and an authorization for the court to proceed with a disposition hearing. Upon the filing of such an order, a disposition hearing shall be set at the earliest practicable time that will allow for the completion of the assessment and classification process resulting in the predisposition report.
History.—s. 5, ch. 90-208; s. 222, ch. 95-147; s. 30, ch. 97-238; s. 42, ch. 2006-120.
Note.—Former s. 39.051; s. 985.222.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VII - Disposition; Postdisposition (Ss. 985.43-985.494) › 985.437 - Restitution.

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 rehabilitative program was made at the disposition hearing, order the child to make restitution in the manner provided in this section. This order shall be part of the probation program to be implemented by the department or, in the case of a committed child, as part of the community-based sanctions ordered by the court at the disposition hearing or before the child’s release from commitment.
(2)(a) While the primary purpose of restitution is to compensate the victim, it also serves the rehabilitative and deterrent goals of the juvenile justice system.
(b) The court may order the child to make restitution in money, through a promissory note cosigned by the child’s parent or guardian, or in kind for any damage or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court. Restitution must be determined on a fair market value basis unless the state, victim, or child shows that using another basis, including, but not limited to, replacement cost, purchase price less depreciation, or actual cost of repair, is equitable and better furthers the purposes of restitution. The court may consider hearsay evidence for this purpose, provided it finds that the hearsay evidence has a minimal indicia of reliability.
(c) When restitution is ordered by the court, the amount of restitution may not exceed an amount the child and the parent or guardian could reasonably be expected to pay or make.
(3) The clerk of the circuit court shall be the receiving and dispensing agent. In such case, the court shall order the child or the child’s parent or guardian to pay to the office of the clerk of the circuit court an amount not to exceed the actual cost incurred by the clerk as a result of receiving and dispensing restitution payments. The clerk shall notify the court if restitution is not made, and the court shall take any further action that is necessary against the child or the child’s parent or guardian.
(4) A finding by the court, after a hearing, that the parent or guardian has made diligent and good faith efforts to prevent the child from engaging in delinquent acts absolves the parent or guardian of liability for restitution under this section.
(5) The court may retain jurisdiction over a child and the child’s parent or legal guardian whom the court has ordered to pay restitution until the restitution order is satisfied or until the court orders otherwise, as provided in s. 985.0301.
History.—s. 47, ch. 2006-120; s. 2, ch. 2021-172.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VII - Disposition; Postdisposition (Ss. 985.43-985.494) › 985.442 - Form of commitment; certified copy of charge attached.

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 by the department.
(2) The clerk of each court committing a child to the department shall prepare and attach to each commitment form a certified copy of the petition upon which the child is being committed to the department.
History.—s. 5, ch. 90-208; s. 40, ch. 97-238; s. 50, ch. 2006-120.
Note.—Former s. 39.078; s. 985.232.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VII - Disposition; Postdisposition (Ss. 985.43-985.494) › 985.45 - Liability and remuneration for work.

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 a specified state, county, municipal, or community service organization supervised work program or to work for the victim, either as an alternative to monetary restitution or as a part of the rehabilitative or probation program, the child is an employee of the state for the purposes of liability.
(2) In determining the child’s average weekly wage unless otherwise determined by a specific funding program, all remuneration received from the employer is a gratuity, and the child is not entitled to any benefits otherwise payable under s. 440.15, regardless of whether the child may be receiving wages and remuneration from other employment with another employer and regardless of the child’s future wage-earning capacity.
History.—s. 39, ch. 97-238; s. 31, ch. 2000-135; s. 52, ch. 2006-120.
Note.—Former s. 985.231(1)(g).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VII - Disposition; Postdisposition (Ss. 985.43-985.494) › 985.465 - Juvenile correctional facilities or juvenile prison.

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 months, primarily serving children 13 years of age to 19 years of age or until the jurisdiction of the court expires. Each child committed to this level must meet one of the following criteria:
(1) The child is at least 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for:
(a) Arson;
(b) Sexual battery;
(c) Robbery;
(d) Kidnapping;
(e) Aggravated child abuse;
(f) Aggravated assault;
(g) Aggravated stalking;
(h) Murder;
(i) Manslaughter;
(j) Unlawful throwing, placing, or discharging of a destructive device or bomb;
(k) Armed burglary;
(l) Aggravated battery;
(m) Carjacking;
(n) Home-invasion robbery;
(o) Burglary with an assault or battery;
(p) Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or
(q) Carrying, displaying, using, threatening to use, or attempting to use a weapon or firearm during the commission of a felony.
(2) The child is at least 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed three or more times to a delinquency commitment program.
(3) The child is at least 13 years of age and is currently committed for a felony offense and transferred from a moderate-risk or high-risk residential commitment placement.
(4) The child is at least 13 years of age at the time of the disposition for the current offense, the child is eligible for prosecution as an adult for the current offense, and the current offense is ranked at level 7 or higher on the Criminal Punishment Code offense severity ranking chart pursuant to s. 921.0022.
History.—s. 47, ch. 94-209; s. 15, ch. 95-267; s. 9, ch. 96-398; s. 10, ch. 97-194; s. 57, ch. 97-238; s. 16, ch. 99-201; s. 40, ch. 99-284; s. 55, ch. 2006-120.
Note.—Former s. 39.0581; s. 985.313.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VII - Disposition; Postdisposition (Ss. 985.43-985.494) › 985.494 - Commitment programs for juvenile felony offenders.

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 that would be a felony if committed by an adult, shall be committed to a maximum-risk residential program if the child has completed two different high-risk residential commitment programs. The commitment of a child to a maximum-risk residential program must be for an indeterminate period, but may not exceed the maximum term of imprisonment that an adult may serve for the same offense.
(2) In committing a child to the appropriate program, the court may consider an equivalent program of similar intensity as being comparable to a program required under subsection (1).
History.—s. 48, ch. 94-209; s. 12, ch. 96-398; s. 58, ch. 97-238; s. 11, ch. 2006-62; s. 62, ch. 2006-120; s. 21, ch. 2010-113; s. 8, ch. 2011-70.
Note.—Former s. 39.0584; s. 985.314.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VIII - Authority of the Court Over Parents or Guardians (Ss. 985.511-985.514) › 985.511 - Costs of representation.

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. 985.033.
History.—s. 63, ch. 2006-120.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VIII - Authority of the Court Over Parents or Guardians (Ss. 985.511-985.514) › 985.512 - Powers with respect to certain children.

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 need of services, or a delinquent child to attend a course of instruction in parenting skills, to accept counseling, or to receive other assistance from any agency in the community which notifies the clerk of the court of the availability of its services. Where appropriate, the court shall order both parents or guardians to receive such parental assistance.
History.—s. 38, ch. 94-209; s. 12, ch. 97-238; s. 64, ch. 2006-120.
Note.—Former s. 39.0476; s. 985.204.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VIII - Authority of the Court Over Parents or Guardians (Ss. 985.511-985.514) › 985.513 - Powers of the court over parent or guardian at disposition.

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 rehabilitative program was made at the disposition hearing:
(a) Order the child’s parent or guardian, together with the child, to render community service in a public service program or to participate in a community work project. In addition to the sanctions imposed on the child, the court may order the child’s parent or guardian to perform community service if the court finds that the parent or guardian did not make a diligent and good faith effort to prevent the child from engaging in delinquent acts.
(b) Order the parent or guardian to make restitution in money or in kind for any damage or loss caused by the child’s offense. The court may also require the child’s parent or legal guardian to be responsible for any restitution ordered against the child, as provided under s. 985.437. The court shall determine a reasonable amount or manner of restitution, and payment shall be made to the clerk of the circuit court as provided in s. 985.437. The court may retain jurisdiction, as provided under s. 985.0301, over the child and the child’s parent or legal guardian whom the court has ordered to pay restitution until the restitution order is satisfied or the court orders otherwise.
(2) Notwithstanding whether adjudication is imposed or withheld, the court may order the natural parents or legal custodian or guardian of a child who is found to have committed a delinquent act to participate in family counseling and other professional counseling activities deemed necessary for the rehabilitation of the child or to enhance their ability to provide the child with adequate support, guidance, and supervision. The court may also order that the parent, custodian, or guardian support the child and participate with the child in fulfilling a court-imposed sanction. In addition, the court may use its contempt powers to enforce a court-imposed sanction.
History.—s. 39, ch. 97-238; s. 65, ch. 2006-120.
Note.—Subsection (2) former s. 985.231(1)(e).
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part VIII - Authority of the Court Over Parents or Guardians (Ss. 985.511-985.514) › 985.514 - Responsibility for cost of care; fees.

985.514 Responsibility for cost of care; fees.—
(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. 985.039.
(2) When any child is found by the court to have committed a delinquent act and is placed on probation, regardless of adjudication, under the supervision of or in the temporary legal custody of the department, the court shall order the child’s parents to pay fees to the department as provided in s. 985.039.
(3) When the court under s. 985.565 orders any child prosecuted as an adult to be supervised by or committed to the department for treatment in any of the department’s programs for children, the court shall order the child’s parents to pay fees as provided in s. 985.039.
History.—s. 66, ch. 2006-120; s. 30, ch. 2014-162; s. 8, ch. 2017-164.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part IX - Appeal (Ss. 985.534-985.536) › 985.534 - Appeal.

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 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 child, and any parent or legal guardian or custodian of any child.
(b) The state, which may appeal from:
1. An order dismissing a petition or any section thereof;
2. An order granting a new adjudicatory hearing;
3. An order arresting judgment;
4. A ruling on a question of law when the child is adjudicated delinquent and appeals from the judgment;
5. The disposition, on the ground that it is illegal;
6. A judgment discharging a child on habeas corpus;
7. An order adjudicating a child insane under the Florida Rules of Juvenile Procedure; and
8. All other preadjudicatory hearings, except that the state may not take more than one appeal under this subsection in any case.
In the case of an appeal by the state, the notice of appeal shall be filed by the appropriate state attorney or his or her authorized assistant under s. 27.18. Such an appeal shall embody all assignments of error in each preadjudicatory hearing order that the state seeks to have reviewed. The state shall pay all costs of the appeal except for the child’s attorney’s fee.
(2) The Department of Legal Affairs shall represent the state upon appeal and shall be notified of the appeal by the clerk when the notice of appeal is filed in the circuit court.
(3) The taking of an appeal shall not operate as a supersedeas in any case unless pursuant to an order of the court.
(4) The case on appeal shall be docketed, and any papers filed in the appellate court shall be entitled, with the initials but not the name of the child and the court case number, and the papers shall remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and shall not be open to public inspection. The decision of the appellate court shall be likewise entitled and shall refer to the child only by initials and court case number.
(5) The original order of the appellate court, with all papers filed in the case on appeal, shall remain in the office of the clerk of the court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.
History.—s. 5, ch. 90-208; s. 225, ch. 95-147; s. 42, ch. 97-238; s. 31, ch. 99-284; s. 67, ch. 2006-120.
Note.—Former s. 39.069; s. 985.234.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part IX - Appeal (Ss. 985.534-985.536) › 985.535 - Additional grounds for appeal by the state; time for taking.

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 admission made by a child. The appeal must be taken before the adjudicatory hearing.
(2) An appeal by the state from a preadjudicatory hearing order shall stay the case against a child upon whose application the order was made until the appeal is determined. If the court from which the appeal is taken determines that the evidence, confession, or admission that is the subject of the order would materially assist the state in proving its case against another child and that the prosecuting attorney intends to use it for that purpose, the court shall stay the case of that child until the appeal is determined. The trial court in its discretion may release a child whose case is stayed pending appeal. A child who is not released from custody pending appeal may petition the appellate court for expedited consideration of the appeal.
History.—s. 5, ch. 90-208; s. 43, ch. 97-238; s. 68, ch. 2006-120.
Note.—Former s. 39.0711; s. 985.235.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part IX - Appeal (Ss. 985.534-985.536) › 985.536 - Order or decision when state appeals.

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 order is affirmed, the appellate court shall direct the court from which the appeal was taken to implement the order. If an order dismissing a delinquency petition, or a count thereof, is reversed, the appellate court shall direct the court from which the appeal is taken to permit the child to be tried on the reinstated petition or count thereof. If an order granting a new trial is reversed, the appellate court shall direct that judgment of adjudication be entered against the child.
(2) When the state appeals from a ruling on a question of law adverse to the state, the appellate court shall decide the question.
History.—s. 5, ch. 90-208; s. 44, ch. 97-238; s. 68, ch. 2006-120.
Note.—Former s. 39.072; s. 985.236.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part X - Transfer to Adult Court (Ss. 985.556-985.57) › 985.56 - Indictment of a juvenile.

985.56 Indictment of a juvenile.—
(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 indictment is returned, the petition for delinquency, if any, must be dismissed and the child must be tried and handled in every respect as an adult:
(a) On the offense punishable by death or by life imprisonment; and
(b) On all other felonies or misdemeanors charged in the indictment which are based on the same act or transaction as the offense punishable by death or by life imprisonment or on one or more acts or transactions connected with the offense punishable by death or by life imprisonment.
(2) An adjudicatory hearing may not be held until 21 days after the child is taken into custody and charged with having committed an offense punishable by death or by life imprisonment, unless the state attorney advises the court in writing that he or she does not intend to present the case to the grand jury, or has presented the case to the grand jury and the grand jury has not returned an indictment. If the court receives such a notice from the state attorney, or if the grand jury fails to act within the 21-day period, the court may proceed as otherwise authorized under this part.
(3) If the child is found to have committed the offense punishable by death or by life imprisonment, the child shall be sentenced as an adult. If the juvenile is not found to have committed the indictable offense but is found to have committed a lesser included offense or any other offense for which he or she was indicted as a part of the criminal episode, the court may sentence under s. 985.565.
(4)(a) Once a child has been indicted pursuant to this section and has been found to have committed any offense for which he or she was indicted as a part of the criminal episode, the child shall be handled thereafter in every respect as if an adult for any subsequent violation of state law, unless the court imposes juvenile sanctions under s. 985.565.
(b) When a child has been indicted pursuant to this section, the court shall immediately transfer and certify to the adult circuit court all felony cases pertaining to the child, for prosecution of the child as an adult, which have not yet resulted in a plea of guilty or nolo contendere or in which a finding of guilt has not been made. If the child is acquitted of all charged offenses or lesser included offenses contained in the indictment case, all felony cases that were transferred to adult court pursuant to this paragraph shall be subject to the same penalties such cases were subject to before being transferred to adult court.
History.—s. 33, ch. 97-238; s. 35, ch. 99-284; s. 38, ch. 2001-64; s. 71, ch. 2006-120.
Note.—Former s. 985.225.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part X - Transfer to Adult Court (Ss. 985.556-985.57) › 985.57 - Transfer of children from the Department of Corrections to the Department of Juvenile Justice.

985.57 Transfer of children from the Department of Corrections to the Department of Juvenile Justice.—
(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, whichever results in the shorter term. If, upon such person’s attaining his or her 21st birthday, the sentence has not terminated, he or she shall be transferred to the Department of Corrections for placement in a youthful offender program, transferred to the supervision of the department, or be given any other transfer that may lawfully be made.
(2) If the child is under sentence for a term of years, after the department has supervised him or her for a sufficient length of time to ascertain that he or she has attained satisfactory rehabilitation, the department, upon determination that such action is in the best interests of both the child and society, may relieve the child from making further reports.
(3) When the child has, in the opinion of the department, so conducted himself or herself as to deserve a pardon, a commutation of sentence, or the remission in whole or in part of any fine, forfeiture, or penalty, the secretary may recommend that such clemency be extended to the child. In such case the secretary shall fully advise the Governor of the facts upon which such recommendation is based.
(4) The department shall grant gain-time for good conduct, may grant extra good-time allowances, and may declare a forfeiture thereof. If any child who was sentenced pursuant to s. 921.18 is transferred to the department, the department may determine the exact sentence of the child, but the sentence may not be longer than the maximum sentence that was imposed by the court pursuant to s. 921.18. All time spent in the department shall count toward the expiration of sentence. Any child transferred to the department may, at the discretion of the secretary, be returned to the Department of Corrections.
(5) Any child who has been convicted of a capital felony while under the age of 18 years may not be released on probation without the consent of the Governor and two members of the Cabinet.
History.—s. 5, ch. 90-208; s. 53, ch. 94-209; s. 1353, ch. 95-147; s. 77, ch. 97-238; s. 22, ch. 99-284; s. 54, ch. 2000-135; s. 35, ch. 2001-125; s. 20, ch. 2003-6; s. 73, ch. 2006-120.
Note.—Former s. 39.062; s. 985.417.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.6015 - Shared County/State Juvenile Detention Trust Fund.

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 used for the costs of juvenile detention. Moneys credited to the trust fund shall consist of funds from the counties’ share of the costs for juvenile detention.
History.—s. 1, ch. 2005-114; s. 75, ch. 2006-120; s. 2, ch. 2008-8; s. 2, ch. 2016-152.
Note.—Former s. 985.4043.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.614 - Children locked out of the home; interagency cooperation.

985.614 Children locked out of the home; interagency cooperation.—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 locked out of the home and the families of those children.
History.—s. 15, ch. 97-281; s. 21, ch. 2000-135; s. 79, ch. 2006-120; s. 358, ch. 2014-19.
Note.—Former s. 985.2066.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.629 - Contracts for the transfer of Florida children in federal custody.

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 Florida children who are in the custody of a federal court or a federal correctional institution for violation of federal law. Such children under contract are to be transferred to the exclusive custody and active control of the department, under the terms, agreements, and provisions of the contract.
History.—s. 5, ch. 90-208; s. 79, ch. 97-238; s. 83, ch. 2006-120.
Note.—Former s. 39.065; s. 985.419.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.64 - Rulemaking.

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 Florida Rules of Juvenile Procedure. All rules and policies must conform to accepted standards of care and treatment.
(2) The department shall adopt rules to ensure the effective provision of health services to youth in facilities or programs operated or contracted by the department. The rules shall address the delivery of the following:
(a) Ordinary medical care.
(b) Mental health services.
(c) Substance abuse treatment services.
(d) Services to youth with developmental disabilities.
The department shall coordinate its rulemaking with the Department of Children and Families and the Agency for Persons with Disabilities to ensure that the rules adopted under this section do not encroach upon the substantive jurisdiction of those agencies. The department shall include the above-mentioned entities in the rulemaking process, as appropriate. This subsection does not supersede the provisions governing consent to treatment and services found in ss. 39.407, 743.0645, and 985.18, or otherwise provided by law.
History.—s. 65, ch. 97-238; s. 230, ch. 98-200; s. 86, ch. 2006-120; s. 2, ch. 2010-123; s. 359, ch. 2014-19.
Note.—Former s. 985.405.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.6441 - Health care services.

985.6441 Health care services.—
(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 licensed under chapter 461.
5. A health maintenance organization certificated under part I of chapter 641.
6. An ambulatory surgical center licensed under chapter 395.
7. A professional association, partnership, corporation, joint venture, or other association established by the individuals set forth in subparagraphs 2.-4. for professional activity.
8. An other medical facility.
a. As used in this subparagraph, the term “other medical facility” means:
(I) A facility the primary purpose of which is to provide human medical diagnostic services, or a facility providing nonsurgical human medical treatment which discharges patients on the same working day that the patients are admitted; and
(II) A facility that is not part of a hospital.
b. The term does not include a facility existing for the primary purpose of performing terminations of pregnancy, or an office maintained by a physician or dentist for the practice of medicine.
(b) “Hospital” means a hospital licensed under chapter 395.
(2) When compensating health care providers, the department must comply with the following reimbursement limitations:
(a) Payments to a hospital or a health care provider may not exceed 110 percent of the Medicare allowable rate for any health care services provided if there is no contract between the department and the hospital or the health care provider providing services at a hospital.
(b)1. The department may continue to make payments for health care services at the contracted rates for contracts executed before July 1, 2014, through the current term of the contract if a contract has been executed between the department and a hospital or a health care provider providing services at a hospital.
2. Payments may not exceed 110 percent of the Medicare allowable rate after the current term of the contract expires or after the contract is renewed during the 2013-2014 fiscal year.
(c) Payments may not exceed 110 percent of the Medicare allowable rate under a contract executed on or after July 1, 2014, between the department and a hospital or a health care provider providing services at a hospital.
(d) Notwithstanding paragraphs (a)-(c), the department may pay up to 125 percent of the Medicare allowable rate for health care services at a hospital that reports, or has reported, a negative operating margin for the previous fiscal year to the Agency for Health Care Administration through hospital-audited financial data.
History.—s. 35, ch. 2014-162; s. 65, ch. 2022-138.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.648 - Consultants.

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 purpose of advising the department on programs, facilities, institutions, care, supervision, and all other services and treatment for children committed to the department’s care under this chapter.
History.—s. 5, ch. 90-208; s. 68, ch. 97-238; s. 88, ch. 2006-120.
Note.—Former s. 39.075; s. 985.408.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.652 - Participation of certain programs in the State Risk Management Trust Fund.

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 operating a state-owned training school under a contract to carry out the purposes and responsibilities of any program of the department. The coverage authorized herein shall be under the same general terms and conditions as the department is insured for its responsibilities under chapter 284.
History.—s. 69, ch. 97-238; s. 26, ch. 2000-122; s. 1941, ch. 2003-261; s. 89, ch. 2006-120.
Note.—Former s. 985.409.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles › Part XI - Department of Juvenile Justice (Ss. 985.601-985.692) › 985.6885 - Persons authorized to visit juvenile facilities.

985.6885 Persons authorized to visit juvenile facilities.—
(1) The following persons may visit at their pleasure between the hours of 6 a.m. and 11 p.m. all facilities housing juveniles which are operated or overseen by the department or a county:
(a) The Governor.
(b) A Cabinet member.
(c) A member of the Legislature.
(d) A judge of a state court.
(e) A state attorney.
(f) A public defender.
(g) A person authorized by the secretary of the department.
(2) A person specified in subsection (1) may visit a facility subject to this section before 6 a.m. or after 11 p.m. pursuant to rules adopted by the department.
(3) The department may not unreasonably withhold permission to visit a facility subject to this section from a person who gives sufficient evidence that he or she is a bona fide reporter or writer.
(4) The department shall adopt rules to implement this section.
History.—s. 1, ch. 2018-47.