Florida Statute 984.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 984
CHILDREN AND FAMILIES IN NEED OF SERVICES

View Entire Chapter

F.S. 984.13

984.13 Taking into custody a child alleged to be from a family in need of services or to be a child in need of services.—

(1) A child may be taken into custody:

(a) By a law enforcement officer when the officer has reasonable grounds to believe that the child has run away from his or her parents, guardian, or other legal custodian.

(b) By a law enforcement officer when the officer has reasonable grounds to believe that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site. For the purpose of this paragraph, “school system site” includes, but is not limited to, a center approved by the superintendent of schools for the purpose of counseling students and referring them back to the school system or an approved alternative to a suspension or expulsion program. If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer shall deliver the child to the parent or legal guardian, to a location determined by the parent or guardian, or to a designated truancy interdiction site until the parent or guardian can be located.

(c) Pursuant to an order of the circuit court based upon sworn testimony before or after a petition is filed under s. 984.15.

(d) By a law enforcement officer when the child voluntarily agrees to or requests services pursuant to this chapter or placement in a shelter.

(2) The person taking the child into custody shall:

(a) Release the child to a parent, guardian, legal custodian, or responsible adult relative or to a department-approved family-in-need-of-services and child-in-need-of-services provider if the person taking the child into custody has reasonable grounds to believe the child has run away from a parent, guardian, or legal custodian; is truant; or is beyond the control of the parent, guardian, or legal custodian; following such release, the person taking the child into custody shall make a full written report to the intake office of the department within 3 days; or

(b) Deliver the child to the department, stating the facts by reason of which the child was taken into custody and sufficient information to establish probable cause that the child is from a family in need of services.

(3) If the child is taken into custody by, or is delivered to, the department, the appropriate representative of the department shall review the facts and make such further inquiry as necessary to determine whether the child shall remain in custody or be released. Unless shelter is required as provided in s. 984.14(1), the department shall:

(a) Release the child to his or her parent, guardian, or legal custodian, to a responsible adult relative, to a responsible adult approved by the department, or to a department-approved family-in-need-of-services and child-in-need-of-services provider; or

(b) Authorize temporary services and treatment that would allow the child alleged to be from a family in need of services to remain at home.

History.—s. 8, ch. 87-133; s. 1, ch. 89-20; s. 232, ch. 95-147; s. 6, ch. 95-280; s. 20, ch. 96-398; s. 99, ch. 97-238; s. 23, ch. 2000-235.

Note.—Former s. 39.421.

F.S. 984.13 on Google Scholar

F.S. 984.13 on Casetext

Amendments to 984.13

Arrestable Offenses / Crimes under Fla. Stat. 984.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 984.13.

Annotations, Discussions, Cases:

Cases Citing Statute 984.13

Total Results: 20

A.J.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-09T00:00:00-08:00

Citation: 206 So. 3d 140

Snippet: obstruction charge, arguing that under section 984.13(l)(b), Florida Statutes (2014), Deputy Krouse was…because he was in the presence of his mother. Section 984.13(l)(b) provides in pertinent part: (1) A child may…court rejected A.J.R.’s interpretation of section 984.13(l)(b) and denied the motion to dismiss, finding…the obstruction charge is proper. See icL Section 984.13(l)(b) governs when a law enforcement officer may…case turns on the proper construction of section 984.13(l)(b). The State has not cited any other source

A.J.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-08T23:53:00-08:00

Snippet: obstruction charge, arguing that under section 984.13(1)(b), Florida Statutes (2014), … he was in the presence of his mother. Section 984.13(1)(b) provides in pertinent part: …rejected A.J.R.'s interpretation of section 984.13(1)(b) and denied the motion to dismiss, finding…charge is proper. See id. Section 984.13(1)(b) governs when a law enforcement officer may…case turns on the proper construction of section 984.13(1)(b). The State has not cited any other source

J.R., a child v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-05T00:00:00-08:00

Citation: 149 So. 3d 1196

Snippet: So.3d 150, 151 (Fla. 4th DCA 2012). Section 984.13(l)(a), Florida Statutes (2013), states in relevant…movements and location before school started, section 984.13 does not authorize an officer to preemptively -

D.J.D., a child v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-06T00:00:00-07:00

Citation: 143 So. 3d 1115

Snippet: custody and release him to her care. See § 984.13, Fla. Stat. (2011) (authorizing and obligating …juvenile into custody as a runaway. See § 984.13(l)(a), Fla. Stat. (2011). As for the “community

R.A.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-25T00:00:00-07:00

Citation: 141 So. 3d 687

Snippet: reasonable grounds to believe the child is a truant. § 984.13(l)(b), Fla. Stat. (2012). But truancy is not a …taken a juvenile into custody pursuant to section 984.13, the officer “may perform a limited frisk or pat-down

M.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

Citation: 121 So. 3d 1151

Snippet: truancy investigation when he stopped M.J. Section 984.13, Florida Statutes (2012), allows a law enforcement…delay to the appropriate school system site.” § 984.13(l)(b), Fla. Stat. (2012). The officer may also

Collins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-31T00:00:00-07:00

Citation: 125 So. 3d 1046

Snippet: however, concern Florida’s truancy statute, Chapter 984.13, Florida Statutes (2007), and do not involve a

L.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-23T00:00:00-08:00

Citation: 105 So. 3d 635

Snippet: forth in section 984.13(l)(b), Florida Statutes (2011). We disagree. Section 984.13(l)(b) permits a law…believe” the child is truant. Specifically, section 984.13(l)(b) provides: (1) A child may be taken into custody

P.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-08T00:00:00-07:00

Citation: 95 So. 3d 944, 2012 Fla. App. LEXIS 13057, 2012 WL 3192786

Snippet: ground to *948take her into custody under section 984.13, Florida Statutes (2009), because he said he thought…any school to which he could deliver her. See § 984.13(l)(b), Fla. Stat. (2009). He therefore could not

D.O. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-21T00:00:00-08:00

Citation: 77 So. 3d 787, 2011 Fla. App. LEXIS 20458

Snippet: into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct…(9), (25), and (27), Fla. Stat. (2011). Section 984.13 was created to authorize and obligate law enforcement…family in need of services to remain at home. § 984.13 Fla. Stat. (2011). A reading of the entire section…the street to enforce our truancy laws. Section 984.13(l)(b) authorizes a police officer to take into … “followed a Terry stop justified under section 984.13, Florida Statutes ... and justifiably preceded

DO v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-20T23:53:00-08:00

Citation: 77 So. 3d 787

Snippet: into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct…(9), (25), and (27), Fla. Stat. (2011). Section 984.13 was created to authorize and obligate law enforcement…family in need of services to remain at home. § 984.13 Fla. Stat. (2011). A reading of the entire section…the street to enforce our truancy laws. Section 984.13(1)(b) authorizes a police officer to take into …quot;followed a Terry stop justified under section 984.13, Florida Statutes ... and justifiably preceded

Ago

Court: Fla. Att'y Gen. | Date Filed: 2011-04-20T00:53:00-07:00

Snippet: involuntarily being transported pursuant to section 984.13, Florida Statutes?1 In sum: Based on the increased… taken a minor into custody pursuant to section 984.13, Florida Statutes, and is transporting that minor…generally for children in need of services, is section 984.13, Florida Statutes. Under the statute, a law enforcement…juvenile to be taken into custody under section 984.13 are not crimes[,]"7 the statute does empower…officer, transporting a child pursuant to section 984.13, Florida Statutes, is authorized to pat-down that

A.B.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-29T00:00:00-08:00

Citation: 51 So. 3d 1181

Snippet: runaway in need of services pursuant to section 984.13, Florida Statutes (2009). The officer who took …juvenile to be taken into custody under section 984.13 are not crimes; therefore, the search incident

ABS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-28T23:53:00-08:00

Citation: 51 So. 3d 1181

K.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-07T00:00:00-07:00

Citation: 31 So. 3d 934

Snippet: been in school at that time of day. See, e.g. § 984.13(l)(b), Fla. Stat. (2008); L.R.D. v. State, 876

E.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-31T00:00:00-08:00

Citation: 997 So. 2d 1240

Snippet: which followed a Terry stop justified under section 984.13, Florida Statutes (2007) (“when the officer has

EP v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-30T23:53:00-08:00

Citation: 997 So. 2d 1240

Snippet: which followed a Terry stop justified under section 984.13, Florida Statutes (2007) ("when the officer

LRD v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-04T00:53:00-07:00

Citation: 876 So. 2d 598

Snippet: to the appropriate school system site." § 984.13(1)(b), Fla. Stat. (emphasis supplied). Here, the

L.R.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-04T00:00:00-07:00

Citation: 876 So. 2d 598

Snippet: delay to the appropriate school system site.” § 984.13(l)(b), Fla. Stat. (emphasis supplied). Here, the

State v. A.J.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-18T00:00:00-08:00

Citation: 720 So. 2d 1156

Snippet: stop of A.J., we agree with the state that section 984.13(l)(b), Florida Statutes (1997), allowed Officer…without unreasonable delay to the school system. § 984.13(l)(b), Fla. Stat. (1997). Under the facts set forth