Florida Statute 985.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.01

985.01 Purposes and intent.—

(1) The purposes of this chapter are:

(a) To increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen and reform the lives of children.

(b) To provide judicial and other procedures to assure due process through which children, victims, and other interested parties are assured fair hearings by a respectful and respected court or other tribunal and the recognition, protection, and enforcement of their constitutional and other legal rights, while ensuring that public safety interests and the authority and dignity of the courts are adequately protected.

(c) To provide an environment that fosters healthy social, emotional, intellectual, educational, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state’s care.

(d) To ensure the protection of society, by providing for a comprehensive standardized assessment of the child’s needs so that the most appropriate control, discipline, punishment, and treatment can be administered consistent with the seriousness of the act committed, the community’s long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child, while also providing, whenever possible, restitution to the victim of the offense.

(e) To preserve and strengthen the child’s family ties whenever possible, by providing for removal of the child from the physical custody of a parent only when his or her welfare or the safety and protection of the public cannot be adequately safeguarded without such removal; and, when the child is removed from his or her own family, to secure custody, care, and discipline for the child as nearly as possible equivalent to that which should have been given by the parents.

(f)1. To assure that the adjudication and disposition of a child alleged or found to have committed a violation of Florida law be exercised with appropriate discretion and in keeping with the seriousness of the offense and the need for treatment services, and that all findings made under this chapter be based upon facts presented at a hearing that meets the constitutional standards of fundamental fairness and due process.

2. To assure that the sentencing and placement of a child tried as an adult be appropriate and in keeping with the seriousness of the offense and the child’s need for rehabilitative services, and that the proceedings and procedures applicable to such sentencing and placement be applied within the full framework of constitutional standards of fundamental fairness and due process.

(g) To provide children committed to the department with training in life skills, including career and technical education, when appropriate.

(h) To care for children in the least restrictive and most appropriate service environments to ensure that children assessed as low and moderate risk to reoffend are not committed to residential programs, unless the court deems such placement appropriate.

(i) To allocate resources for the most effective programs, services, and treatments to ensure that children, their families, and their community support systems are connected with these programs at the points along the juvenile justice continuum where they will have the most impact.

(2) It is the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes.

History.—s. 1, ch. 97-238; s. 12, ch. 2001-125; s. 64, ch. 2004-267; ss. 2, 87, ch. 2006-120; s. 1, ch. 2014-162.

F.S. 985.01 on Google Scholar

F.S. 985.01 on Casetext

Amendments to 985.01

Arrestable Offenses / Crimes under Fla. Stat. 985.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.01.

Annotations, Discussions, Cases:

Cases Citing Statute 985.01

Total Results: 20

In Re: Standard Jury Instructions in Contract and Business Cases-2018 Report.

Court: Fla. | Date Filed: 2018-12-06T00:00:00-08:00

Citation: 260 So. 3d 87

Snippet: Florida Rule of Civil Procedure Form 1.985 1.470(b) provides: The forms of Florida

D.V. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-22T00:00:00-07:00

Citation: 216 So. 3d 3, 2017 WL 1076938, 2017 Fla. App. LEXIS 3774

Snippet: unless the court deems such placement appropriate. § 985.01(l)(c)(d)(g) & (h), Florida Statutes (2015).…. To implement the values identified in section 985.01, the legislature has provided a roadmap for disposition…of a new disposition in accordance with section 985.01(c), Florida Statutes (2016): “[t]o provide an environment

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2015-09-17T00:00:00-07:00

Citation: 180 So. 3d 978

Snippet: felony murder while carrying a knife and *985 one count of robbery with a deadly weapon. He was

D.G. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

Citation: 170 So. 3d 1, 2015 Fla. App. LEXIS 4250, 2015 WL 1312646

Snippet: delinquency. § 985.03(21), Fla. Stat. (2007); see also § 985.01-.02, Fla. Stat. (2007). 4 So.3d at 628 (footnotes…208, § 1, at 1087, Laws of Fla., now found at § 985.01(2)). *6The supreme court traced the development

City of Jacksonville v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-26T00:00:00-08:00

Citation: 159 So. 3d 888, 2015 Fla. App. LEXIS 2703, 2015 WL 798154

Snippet: Fairness Act” are eliminated. . See, e.g., § 985.01(l)(f), Fla. Stat. (juvenile justice hearing must

J.A.B. v. State

Court: Fla. | Date Filed: 2010-01-07T00:00:00-08:00

Citation: 25 So. 3d 554, 35 Fla. L. Weekly Supp. 5, 2010 Fla. LEXIS 5

Snippet: of the offense. § 985.01 (l)(c), Fla. Stat. (2005) (emphasis added); see also § 985.01(l)(c), Fla. Stat…restitution statute, as specifically set forth in section 985.01(l)(c), also supports the conclusion of the Second…restitution to the victim whenever possible. See § 985.01(l)(e). This purpose is best served by allowing

JAB v. State

Court: Fla. | Date Filed: 2010-01-06T23:53:00-08:00

Citation: 25 So. 3d 554

Snippet: the offense. § 985.01(1)(c), Fla. Stat. (2005) (emphasis added); see also § 985.01(1)(c), Fla. Stat.…restitution statute, as specifically set forth in section 985.01(1)(c), also supports the conclusion of the Second…restitution to the victim whenever possible. See § 985.01(1)(c). This purpose is best served by allowing

B.O. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-25T00:00:00-08:00

Citation: 25 So. 3d 586, 2009 Fla. App. LEXIS 17688

Snippet: involving the search without further comment. . § 985.01(1)(a), Fla. Stat. (2008). . 387 U.S. at 33-34

BO v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-24T23:53:00-08:00

Citation: 25 So. 3d 586

Snippet: involving the search without further comment. [2] § 985.01(1)(a), Fla. Stat. (2008). [3] 387 U.S. at 33-34

State v. WW

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-28T00:53:00-07:00

Citation: 16 So. 3d 305

Snippet: traffic offenses as provided in chapters 316 and 985. [1] Under the statutory scheme, a juvenile's

E.A.R. v. State

Court: Fla. | Date Filed: 2009-01-30T00:00:00-08:00

Citation: 4 So. 3d 614, 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150

Snippet: delinquency. § 985.03(21), Fla. Stat. (2007); see also § 985.01-.02, Fla. Stat. (2007). Conversely, in the decision…, Fla. Stat. (Supp.1990) (emphasis supplied); § 985.01(2), Fla. Stat. (2007) (emphasis supplied). Courts…legislative intent, which continues today under section 985.01(l)(e)l., Florida Statutes (2007): To assure that… Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(l)(e)l., 985.03(21), Fla. Stat. (2007) (emphasis… Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(l)(e)l., 985.03(21), Fla. Stat. (2007) (emphasis

EAR v. State

Court: Fla. | Date Filed: 2009-01-29T23:53:00-08:00

Citation: 4 So. 3d 614

Snippet: delinquency. § 985.03(21), Fla. Stat. (2007); see also § 985.01-.02, Fla. Stat. (2007). Conversely, in the decision…, Fla. Stat. (Supp.1990) (emphasis supplied); § 985.01(2), Fla. Stat. (2007) (emphasis supplied). Courts…legislative intent, which continues today under section 985.01(1)(e)1., Florida Statutes (2007): To assure that… Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(1)(e)1., 985.03(21), Fla. Stat. (2007) (emphasis… Fla. Stat. (Supp.1990) (emphasis supplied); §§ 985.01(1)(e)1., 985.03(21), Fla. Stat. (2007) (emphasis

J.A.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-11-05T00:00:00-08:00

Citation: 993 So. 2d 1150, 2008 Fla. App. LEXIS 16973

Snippet: obtaining employment is inappropriate. Section 985.01(l)(e) states that the purposes of the juvenile

JAB v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-11-04T23:53:00-08:00

Citation: 993 So. 2d 1150

Snippet: obtaining employment is inappropriate. Section 985.01(1)(c) states that the purposes of the juvenile

M.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-29T00:00:00-07:00

Citation: 988 So. 2d 1266, 2008 Fla. App. LEXIS 12884, 2008 WL 3978209

Snippet: better or worse — a creature of statute. See §§ 985.01-.807, Fla. Stat. (2007). This arrangement imposes

BM v. Dobuler

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-19T00:53:00-07:00

Citation: 979 So. 2d 308

Snippet: for better or worsea creature of statute. See §§ 985.01-.807, Fla. Stat. (2007). This arrangement imposes… by a respectful and respected court[.]" § 985.01, Fla. Stat. (2007). That is good enough for us.

K.Q.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-31T00:00:00-08:00

Citation: 975 So. 2d 536, 2008 Fla. App. LEXIS 985

Snippet: and dignity of a court or judge.”); see also § 985.01(1)(a), Fla. Stat. (2007) (stating that one of the

KQS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-30T23:53:00-08:00

Citation: 975 So. 2d 536

Snippet: dignity of a court or judge."); see also § 985.01(1)(a), Fla. Stat. (2007) (stating that one of the

Robbins v. McGrath

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-30T00:53:00-07:00

Citation: 955 So. 2d 633

Snippet: the costs awarded by the trial court included $2,985.01 in nontaxable costs, including charges for undifferentiated…these expenses, and reduce the costs award by $2,985.01. Postage, fax transmissions, delivery service, …$1,247.00, and reduce the costs of $11,629.61 by $2,985.01. Consequently, McGrath and Bates are left with

VKE v. State

Court: Fla. | Date Filed: 2006-07-06T00:53:00-07:00

Citation: 934 So. 2d 1276

Snippet: re C.J.W., 377 So.2d 22, 24 (Fla.1979)). Section 985.01 provides that the purposes of the chapter are,