The 2023 Florida Statutes (including Special Session C)

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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

D.V. v. State
No. 4D15-1876 (Fla. Dist. Ct. App. Apr. 26, 2017)
circuit court for the imposition of a new disposition in accordance with section 985.01(c), Florida Statutes (2016): "[t]o 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."
PAGE 2
D.V. v. State
216 So. 3d 3 (Fla. Dist. Ct. App. 2017) Cited 1 times
§ 985.01(1)(c)(d)(g) & (h), Florida Statutes (2015).
PAGE 9
D.G. v. State
170 So. 3d 1 (Fla. Dist. Ct. App. 2015) Cited 5 times
4 So.3d at 628 (footnotes omitted). Second, the supreme court held that chapter 985 is remedial in nature and expressly provides “the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes.” Id. at 629 (emphasis omitted) (quoting ch. 90–208, § 1, at 1087, Laws of Fla., now found at § 985.01(2) ).The supreme court traced the development of Florida's juvenile justice system, and this history shows the importance of maintaining a comprehensive approach.
PAGE 6
City of Jacksonville v. Smith
159 So. 3d 888 (Fla. Dist. Ct. App. 2015) Cited 11 times 4 Legal Analyses
Motion to dismiss
See, e.g., § 985.01(1)(f), Fla. Stat. (juvenile justice hearing must meet “constitutional standards of fundamental fairness and due process.”).
PAGE 915
B.O. v. State
25 So. 3d 586 (Fla. Dist. Ct. App. 2010) Cited 4 times
§ 985.01(1)(a), Fla. Stat. (2008).
J.A.B. v. State
25 So. 3d 554 (Fla. 2010) Cited 3 times
§ 985.01(1)(c), Fla. Stat. (2005) (emphasis added); see also § 985.01(1)(c), Fla. Stat. (2009) (same). To fulfill the goal of providing restitution to the victim "whenever possible," the Legislature has set forth a clear procedure for trial courts to follow in ordering restitution from a minor.
PAGE 558
E.A.R. v. State
4 So. 3d 614 (Fla. 2009) Cited 116 times
§§ 985.01—.02, Fla. Stat. (2007).
PAGE 628
J.A.B. v. State
993 So. 2d 1150 (Fla. Dist. Ct. App. 2008) Cited 5 times
Given the language of the juvenile restitution statute, the policies underpinning the statute, and the wide discretion generally afforded to judges in awarding restitution, we now conclude that a hard-and-fast rule prohibiting a judge from setting a commencement date for monthly payments of juvenile restitution and requiring that such payments can only be ordered contingent upon the juvenile actually obtaining employment is inappropriate. Section 985.01(1)(c) states that the purposes of the juvenile justice statutes include:
PAGE 1154
M.P. v. State
988 So. 2d 1266 (Fla. Dist. Ct. App. 2008) Cited 2 times
Florida's juvenile justice system is — for better or worse — a creature of statute. See §§ 985.01—.807, Fla. Stat. (2007). This arrangement imposes a unique set of limitations on the ability of the circuit judges in this state to control juvenile delinquents. While the circuit judges of this state have a panoply of inherent powers to impose restraints on recalcitrant adult criminal defendants, the power of those same judges to detain a child respondent in a juvenile proceeding conducted pursuant to chapter 985 of the Florida Statutes is strictly limited by law. R.G. [ v. State, 817 So.2d 1019, 1020 (Fla. 3d DCA 2002)].
PAGE 1267
B.M. v. Dobuler
979 So. 2d 308 (Fla. Dist. Ct. App. 2008) Cited 7 times
Florida's juvenile justice system is — for better or worse — a creature of statute. See §§ 985.01—.807, Fla. Stat. (2007). This arrangement imposes a unique set of limitations on the ability of the circuit judges in this state to control juvenile delinquents. While the circuit judges of this state have a panoply of inherent powers to impose restraints on recalcitrant adult criminal defendants, the power of those same judges to detain a child respondent in a juvenile proceeding conducted pursuant to chapter 985 of the Florida Statutes is strictly limited by law. R.G., 817 So.2d at 1020; see also § 985.02(4)(a), Fla. Stat. (2007) ("The Legislature finds that detention should be used only when less restrictive interim placement alternatives prior to adjudication and disposition are not appropriate.").
PAGE 312
Cases from cite.case.law:
D. V. a v. STATE, 216 So. 3d 3 (Fla. Dist. Ct. App. 2017)

. . . . § 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 . . . is remanded to the circuit court for the imposition of a new disposition in accordance with section 985.01 . . .
D. G. v. STATE, 170 So. 3d 1 (Fla. Dist. Ct. App. 2015)

. . . Stat. (2007); see also § 985.01-.02, Fla. Stat. (2007). 4 So.3d at 628 (footnotes omitted). . . . Id. at 629 (emphasis omitted) (quoting ch. 90-208, § 1, at 1087, Laws of Fla., now found at § 985.01( . . .
CITY OF JACKSONVILLE, v. R. SMITH, 159 So. 3d 888 (Fla. Dist. Ct. App. 2015)

. . . See, e.g., § 985.01(l)(f), Fla. Stat. . . .
J. A. B. v. STATE, 25 So. 3d 554 (Fla. 2010)

. . . . § 985.01 (l)(c), Fla. Stat. (2005) (emphasis added); see also § 985.01(l)(c), Fla. . . . Legislature’s purpose in drafting the juvenile restitution statute, as specifically set forth in section 985.01 . . . See § 985.01(l)(e). . . .
B. O. v. STATE, 25 So. 3d 586 (Fla. Dist. Ct. App. 2009)

. . . . § 985.01(1)(a), Fla. . . .
E. A. R. a v. STATE, 4 So. 3d 614 (Fla. 2009)

. . . Stat. (2007); see also § 985.01-.02, Fla. Stat. (2007). . . . (Supp.1990) (emphasis supplied); §§ 985.01(l)(e)l., 985.03(21), Fla. . . . See generally §§ 985.01-.02, Fla. Stat. (2007). . . . See §§ 985.01-02, 985.03(21), 985.433(7)(b), Fla. Stat. (2007). . . . Compare, e.g., § 985.01 (l)(c),(e)l., Fla. . . .
J. A. B. v. STATE, 993 So. 2d 1150 (Fla. Dist. Ct. App. 2008)

. . . Section 985.01(l)(e) states that the purposes of the juvenile justice statutes include: To ensure the . . .
M. P. a v. STATE, 988 So. 2d 1266 (Fla. Dist. Ct. App. 2008)

. . . See §§ 985.01-.807, Fla. Stat. (2007). . . .
B. M. a v. DOBULER,, 979 So. 2d 308 (Fla. Dist. Ct. App. 2008)

. . . See §§ 985.01-.807, Fla. Stat. (2007). . . . children and other interested parties are assured fair hearings by a respectful and respected court[.]” § 985.01 . . .
K. Q. S. a v. STATE, 975 So. 2d 536 (Fla. Dist. Ct. App. 2008)

. . . .”); see also § 985.01(1)(a), Fla. . . .
V. K. E. v. STATE, 934 So. 2d 1276 (Fla. 2006)

. . . Section 985.01 provides that the purposes of the chapter are, inter alia: (c) To ensure the protection . . .
J. I. S. a v. STATE, 930 So. 2d 587 (Fla. 2006)

. . . . § 985.01(l)(c), Fla. Stat. (2005). . . .
B. S. a D. L. S. v. STATE, 862 So. 2d 15 (Fla. Dist. Ct. App. 2003)

. . . . § 985.01(c); see also P.W.G. v. . . .
E. M. a v. STATE, 761 So. 2d 1177 (Fla. Dist. Ct. App. 2000)

. . . Fla. 4th DCA 1997) (discussing the effect of section 39.054(1)(a)1, Florida Statutes (1995)); see § 985.01 . . .
S. R. A. a v. STATE, 766 So. 2d 277 (Fla. Dist. Ct. App. 2000)

. . . See §§ 985.01, 985.02, Fla. Stat. (1999). . . .
S. B. L. J. J. v. STATE, 737 So. 2d 1131 (Fla. Dist. Ct. App. 1999)

. . . See § 985.01, Fla. Stat. (1997); ch. 97-238, § 1, at 4212-13, Laws of Fla. . . . . § 985.01(l)(a), Fla. Stat. (1997)(emphasis added). . . .
In A. C. N. a v. STATE, 727 So. 2d 368 (Fla. Dist. Ct. App. 1999)

. . . See, e.g., sections 985.01(c) and 985.03(45)(d), Florida Statutes (1997); see also Q.L.J., 714 So.2d . . .
DIECKHOFF J. J. a R. a R. a J. a L. a E. H. E. K. a L. a J. C. a J. a P. a A. R. a J. A. M. a L. a v. E. SEVERSON, J. D. E. E., 915 F.2d 1145 (7th Cir. 1990)

. . . .-035(l)(c), 985.01(1) and 985.07(2). . . .
In HANDSCO DISTRIBUTING, INC. H S ID P. HARRIS, v. GLO- INTERNATIONAL CORPORATION,, 51 B.R. 700 (Bankr. S.D. Ohio 1985)

. . . Debtor sent a check to Glo in the amount of $11,-985.01 dated October 11, 1982 in part payment of the . . .

The 2023 Florida Statutes (including Special Session C)

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

Cases from cite.case.law: