Florida Statute 984.151 | 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. 984.151

984.151 Truancy petition; prosecution; disposition.—

(1) If the school determines that a student subject to compulsory school attendance has had at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused absences in a 90-calendar-day period, the superintendent of schools or his or her designee may file a truancy petition.

(2) The petition shall be filed in the circuit in which the student is enrolled in school.

(3) Original jurisdiction to hear a truancy petition shall be in the circuit court; however, the circuit court may use a general or special master pursuant to Supreme Court rules. Upon the filing of the petition, the clerk shall issue a summons to the parent, guardian, or legal custodian of the student, directing that person and the student to appear for a hearing at a time and place specified.

(4) The petition must contain the following: the name, age, and address of the student; the name and address of the student’s parent or guardian; the school where the student is enrolled; the efforts the school has made to get the student to attend school; the number of out-of-school contacts between the school system and student’s parent or guardian; and the number of days and dates of days the student has missed school. The petition shall be sworn to by the superintendent or his or her designee.

(5) Once the petition is filed, the court shall hear the petition within 30 days.

(6) The student and the student’s parent or guardian shall attend the hearing.

(7) If the court determines that the student did miss any of the alleged days, the court shall order the student to attend school and the parent to ensure that the student attends school, and may order any of the following: the student to participate in alternative sanctions to include mandatory attendance at alternative classes to be followed by mandatory community services hours for a period up to 6 months; the student and the student’s parent or guardian to participate in homemaker or parent aide services; the student or the student’s parent or guardian to participate in intensive crisis counseling; the student or the student’s parent or guardian to participate in community mental health services if available and applicable; the student and the student’s parent or guardian to participate in service provided by voluntary or community agencies as available; and the student or the student’s parent or guardian to participate in vocational, job training, or employment services.

(8) If the student does not successfully complete the sanctions ordered in subsection (7), the case shall be referred to the case staffing committee under s. 984.12 with a recommendation to file a child-in-need-of-services petition under s. 984.15.

(9) The parent, guardian, or legal custodian and the student shall participate, as required by court order, in any sanctions or services required by the court under this section, and the court shall enforce such participation through its contempt power.

History.—s. 75, ch. 99-398; s. 24, ch. 2000-235; s. 1048, ch. 2002-387; s. 7, ch. 2014-39.

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Amendments to 984.151

Arrestable Offenses / Crimes under Fla. Stat. 984.151

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 984.151.

Annotations, Discussions, Cases:

Cases Citing Statute 984.151

Total Results: 7

A.J.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Citation: 206 So. 3d 140, 2016 Fla. App. LEXIS 18198

Snippet: with juveniles who fail to attend school. See §§ 984.151, 1003.26, Fla. Stat. (2014). We need not detail

A.J.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Snippet: with juveniles who fail to attend school. See §§ 984.151, 1003.26, Fla. Stat. (2014). We need not detail

In Re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2015-09-17

Citation: 175 So. 3d 263, 40 Fla. L. Weekly Supp. 485, 2015 Fla. LEXIS 1976, 2015 WL 5445986

Snippet: 870, governs truancy proceedings under section 984.151, Florida Statutes (2014). See Sockwell v

State v. C.M., a child

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 154 So. 3d 1177, 2015 Fla. App. LEXIS 167, 2015 WL 71949

Snippet: contempt power to enforce those sanctions. §§ 984.151, 1003.27, Fla. Stat. (2013). Lastly, multiple statutes

Sockwell v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-12-28

Citation: 123 So. 3d 585, 2012 WL 6720534, 2012 Fla. App. LEXIS 22150

Snippet: in*587tended a truancy proceeding under section 984.151, Florida Statutes (2008), to be a rather informal

S.G. v. Vurro

Court: District Court of Appeal of Florida | Date Filed: 2012-01-20

Citation: 77 So. 3d 897, 2012 Fla. App. LEXIS 686, 2012 WL 164068

Snippet: truancy orders are enforceable by contempt. § 984.151(9). But whereas a delinquent contemnor may be punished

Kazanjian v. Sch. Bd. of Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 2007-09-19

Citation: 967 So. 2d 259

Snippet: the filing of a truancy petition under section 984.151 or a child-in-need-of-services petition under section