Florida Statutes
Fla. Stat. § 985.0301 (2025)
Jurisdiction.
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985.0301 Jurisdiction.—
(1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed:
(a) A delinquent act or violation of law.
(b) A noncriminal violation that has been assigned to juvenile court by law.
(2) The jurisdiction of the court shall attach to the child and the case when the summons is served upon the child and a parent or legal or actual custodian or guardian of the child, or when the child is taken into custody with or without service of summons and before or after the filing of a petition, whichever first occurs, and thereafter the court may control the child and the case in accordance with this chapter.
(3) During the prosecution of any violation of law against any person who has been presumed to be an adult, if it is shown that the person was a child at the time the offense was committed and that the person does not meet the criteria for prosecution and sentencing as an adult, the court shall immediately transfer the case, together with the physical custody of the person and all physical evidence, papers, documents, and testimony, original and duplicate, connected therewith, to the appropriate court for proceedings under this chapter. The circuit court is exclusively authorized to assume jurisdiction over any juvenile offender who is arrested and charged with violating a federal law or a law of the District of Columbia, who is found or is living or domiciled in a county in which the circuit court is established, and who is surrendered to the circuit court as provided in 18 U.S.C. s. 5001.
(4)(a) Petitions alleging delinquency shall be filed in the county where the delinquent act or violation of law occurred. The circuit court for that county may transfer the case to the circuit court of the circuit in which the child resides or will reside at the time of detention or placement for dispositional purposes. A child who has been detained may be transferred to the detention center or facility in the circuit in which the child resides or will reside at the time of detention.
(b) The jurisdiction to be exercised by the court when a child is taken into custody before the filing of a petition under subsection (2) shall be exercised by the circuit court for the county in which the child is taken into custody, which court shall have personal jurisdiction of the child and the child’s parent or legal guardian. Upon the filing of a petition in the appropriate circuit court, the court that is exercising initial jurisdiction of the person of the child shall, if the child has been detained, immediately order the child to be transferred to the detention center or facility or other placement as ordered by the court having subject matter jurisdiction of the case.
(5)(a) Notwithstanding s. 743.07, and except as provided in paragraph (b), when the jurisdiction of any child who is alleged to have committed a delinquent act or violation of law is obtained, the court shall retain jurisdiction to dispose of a case, unless relinquished by its order, until the child reaches 19 years of age, with the same power over the child which the court had before the child became an adult.
(b) The court shall retain jurisdiction, unless relinquished by its own order:
1. Over a child on probation until the child reaches 19 years of age.
2. Over a child committed to the department until the child reaches 21 years of age, specifically for the purpose of allowing the child to complete the commitment program, including conditional release supervision.
(c) The court shall retain jurisdiction over a juvenile sexual offender, as defined in s. 985.475, who has been placed on community-based treatment alternative with supervision or who has been placed in a program or facility for juvenile sexual offenders, pursuant to s. 985.48, until the juvenile sexual offender reaches 21 years of age, specifically for the purpose of allowing the juvenile to complete the program.
(d) 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. To retain jurisdiction, the court shall enter a restitution order, which is separate from any disposition or order of commitment, on or prior to the date that the court’s jurisdiction would cease under this section. The contents of the restitution order shall be limited to the child’s name and address, the name and address of the parent or legal guardian, the name and address of the payee, the case number, the date and amount of restitution ordered, any amount of restitution paid, the amount of restitution due and owing, and a notation that costs, interest, penalties, and attorney fees may also be due and owing. The terms of the restitution order are subject to s. 775.089(5).
(e) This subsection does not prevent the exercise of jurisdiction by any court having jurisdiction of the child if the child, after becoming an adult, commits a violation of law.
(6) The court may at any time enter an order ending its jurisdiction over any child.
History.—s. 5, ch. 90-208; s. 12, ch. 92-287; s. 2, ch. 93-37; ss. 19, 39, ch. 94-209; s. 21, ch. 94-342; s. 2, ch. 95-160; ss. 9, 27, ch. 97-238; s. 33, ch. 99-284; ss. 5, 11, ch. 2000-134; s. 36, ch. 2001-64; s. 65, ch. 2005-236; s. 19, ch. 2005-263; s. 5, ch. 2006-120; s. 2, ch. 2011-54; s. 10, ch. 2011-70; s. 3, ch. 2011-236; s. 90, ch. 2012-5; s. 6, ch. 2012-56; s. 4, ch. 2014-162; s. 104, ch. 2015-2; s. 4, ch. 2015-133.
Note.—Subsections (1), (3)-(5) former s. 39.022; s. 985.201. Subsection (2) former s. 39.049(7); s. 985.219(8).
Notes of Decisions
Cited in 38
cases (2 in the last 5 years), 2008–2026 · leading case: State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013).
State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013). “Section 985.0301, Florida Statutes (2012), provides, in relevant part, that (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.”
State of Florida v. J.C., a child, 141 So. 3d 756 (Fla. 4th DCA 2014). “” See § 985.0301(6), Fla. Stat. (2011). The trial court granted the motion over the State’s objection and dismissed the delinquency petition.”
State v. C.M., a child, 154 So. 3d 1177 (Fla. 4th DCA 2015). “” §§ 985.0301(1), 985.318(1), Fla. Stat. (2013); Fla.”
Kirkland v. State, 67 So. 3d 1147 (Fla. 1st DCA 2011). “557, Florida Statutes, without a jury determination of fact to justify exposure of Appellant to a criminal sentence rather than the less severe juvenile sanctions.”
State of Florida v. M.A., a child, 174 So. 3d 522 (Fla. 4th DCA 2015). “Section 985.0301, Florida Statutes (2014), provides, in relevant part, that: (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.”
C.A.F. v. State, 976 So. 2d 629 (Fla. 5th DCA 2008). “4 The first is section 985.0301, which merely establishes that the circuit court has jurisdiction over juvenile delinquency cases; yet even that statute specifies that the court’s control over the child has to accord with the provisions of Chapter 985.”
E.D.B. v. State, 5 So. 3d 787 (Fla. 5th DCA 2009). “1 Section 985.0301, Florida Statutes (2007), addresses the circuit court’s jurisdiction in juvenile cases, providing in pertinent part: (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or…”
State v. A.A., 110 So. 3d 988 (Fla. 4th DCA 2013). “See § 985.0301, Fla. Stat. (2011): (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.”
CAF v. State, 976 So. 2d 629 (Fla. 5th DCA 2008). “[4] The first is section 985.0301, which merely establishes that the circuit court has jurisdiction over juvenile delinquency cases; yet even that statute specifies that the court's control over the child has to accord with the provisions of Chapter 985.”
State of Florida v. D.A., a child, 171 So. 3d 229 (Fla. 4th DCA 2015). “We reverse and hold that the trial court imper-missibly relied on section 985.0301(6), Florida Statutes (2014), to sua sponte dismiss the petition before the initial adjudicatory hearing.”
State v. E.I., 114 So. 3d 309 (Fla. 4th DCA 2013). “4th DCA 1996); see also § 985.0301(5), Fla. Stat. None of these apply to E.”
United States v. Gabriel Cortes, 427 F. App'x 803 (11th Cir. 2011). “1996); see also Fla. Stat. § 985.0301 (1) (conferring jurisdiction), § 985.”
— 985.0301(1) — 6 cases
State v. C.M., a child, 154 So. 3d 1177 (Fla. 4th DCA 2015). “” §§ 985.0301(1), 985.318(1), Fla. Stat. (2013); Fla.”
State of Florida v. M.A., a child, 174 So. 3d 522 (Fla. 4th DCA 2015). “Section 985.0301, Florida Statutes (2014), provides, in relevant part, that: (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.”
State v. W.W., 16 So. 3d 305 (Fla. 5th DCA 2009).
R.J., a Child v. State, 142 So. 3d 907 (Fla. 4th DCA 2014).
X.R. v. State, 976 So. 2d 633 (Fla. 5th DCA 2008).
— 985.0301(1)(a) — 1 case
K.d., a Child v. State of Florida (Fla. 4th DCA 2020).
— 985.0301(2) — 4 cases
State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013). “Section 985.0301, Florida Statutes (2012), provides, in relevant part, that (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.”
C.A.F. v. State, 976 So. 2d 629 (Fla. 5th DCA 2008). “4 The first is section 985.0301, which merely establishes that the circuit court has jurisdiction over juvenile delinquency cases; yet even that statute specifies that the court’s control over the child has to accord with the provisions of Chapter 985.”
CAF v. State, 976 So. 2d 629 (Fla. 5th DCA 2008). “[4] The first is section 985.0301, which merely establishes that the circuit court has jurisdiction over juvenile delinquency cases; yet even that statute specifies that the court's control over the child has to accord with the provisions of Chapter 985.”
K.d., a Child v. State of Florida (Fla. 4th DCA 2020).
— 985.0301(4)(a) — 1 case
State v. C.M., a child, 154 So. 3d 1177 (Fla. 4th DCA 2015). “” §§ 985.0301(1), 985.318(1), Fla. Stat. (2013); Fla.”
— 985.0301(5) — 6 cases
E.D.B. v. State, 5 So. 3d 787 (Fla. 5th DCA 2009). “1 Section 985.0301, Florida Statutes (2007), addresses the circuit court’s jurisdiction in juvenile cases, providing in pertinent part: (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or…”
State v. E.I., 114 So. 3d 309 (Fla. 4th DCA 2013). “4th DCA 1996); see also § 985.0301(5), Fla. Stat. None of these apply to E.”
T.D. v. State, 172 So. 3d 1024 (Fla. 1st DCA 2015).
J.r., a Child v. State of Florida (Fla. 4th DCA 2019).
K.d., a Child v. State of Florida (Fla. 4th DCA 2020).
— 985.0301(5)(a) — 9 cases
Dempsey v. State, 82 So. 3d 928 (Fla. 4th DCA 2011).
K.d., a Child v. State of Florida (Fla. 4th DCA 2020).
A.M.E. v. State, 18 So. 3d 1251 (Fla. 2d DCA 2009).
T. A. F. v. State of Florida (Fla. 6th DCA 2026).
Carlton Devonta Jones v. State of Florida (Fla. 4th DCA 2019).
— 985.0301(5)(b)(1) — 1 case
J.S. v. State (Fla. 2d DCA 2016).
— 985.0301(5)(b)(l) — 1 case
J.S. v. State, 205 So. 3d 802 (Fla. 2d DCA 2016).
— 985.0301(5)(c) — 3 cases
Kirkland v. State, 67 So. 3d 1147 (Fla. 1st DCA 2011). “557, Florida Statutes, without a jury determination of fact to justify exposure of Appellant to a criminal sentence rather than the less severe juvenile sanctions.”
K.d., a Child v. State of Florida (Fla. 4th DCA 2020).
A.S.B. v. State, 59 So. 3d 234 (Fla. 2d DCA 2011).
— 985.0301(5)(d) — 2 cases
L.O.J. v. State, 974 So. 2d 491 (Fla. 4th DCA 2008).
LOJ v. State, 974 So. 2d 491 (Fla. 4th DCA 2008).
— 985.0301(5)(h) — 3 cases
A.B. v. State, 67 So. 3d 1183 (Fla. 5th DCA 2011).
AB v. State, 67 So. 3d 1183 (Fla. 5th DCA 2011).
T.D. v. State, 172 So. 3d 1024 (Fla. 1st DCA 2015).
— 985.0301(5)(i) — 3 cases
E.D.B. v. State, 5 So. 3d 787 (Fla. 5th DCA 2009). “1 Section 985.0301, Florida Statutes (2007), addresses the circuit court’s jurisdiction in juvenile cases, providing in pertinent part: (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or…”
EDB v. State, 5 So. 3d 787 (Fla. 5th DCA 2009).
V.A.C. v. State, 136 So. 3d 612 (Fla. 2d DCA 2013).
— 985.0301(6) — 8 cases
State of Florida v. J.C., a child, 141 So. 3d 756 (Fla. 4th DCA 2014). “” See § 985.0301(6), Fla. Stat. (2011). The trial court granted the motion over the State’s objection and dismissed the delinquency petition.”
State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013). “Section 985.0301, Florida Statutes (2012), provides, in relevant part, that (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.”
State of Florida v. M.A., a child, 174 So. 3d 522 (Fla. 4th DCA 2015). “Section 985.0301, Florida Statutes (2014), provides, in relevant part, that: (1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.”
State of Florida v. D.A., a child, 171 So. 3d 229 (Fla. 4th DCA 2015). “We reverse and hold that the trial court imper-missibly relied on section 985.0301(6), Florida Statutes (2014), to sua sponte dismiss the petition before the initial adjudicatory hearing.”
State v. E.I., 114 So. 3d 309 (Fla. 4th DCA 2013). “4th DCA 1996); see also § 985.0301(5), Fla. Stat. None of these apply to E.”
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