Florida Statute 985.0301 | 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. 985.0301

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).

F.S. 985.0301 on Google Scholar

F.S. 985.0301 on Casetext

Amendments to 985.0301

Arrestable Offenses / Crimes under Fla. Stat. 985.0301

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.0301.

Annotations, Discussions, Cases:

Cases Citing Statute 985.0301

Total Results: 20

K.D., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-08-12

Snippet: non-sexual offenses), arguing that, under section 985.0301(5)(a), Florida Statutes (2019), the court’s jurisdiction

CARLTON DEVONTA JONES v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-12-04

Snippet: aged out of the juvenile justice system. See § 985.0301(5)(a), Fla. Stat. (2018). It appears that the

J.R., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-28

Snippet: meaning of section 985.0301(5). Therefore, the circuit court was bound by section 985.0301(5)(a), which states

D.V. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-03-22

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

Snippet: developing a plan of probation, pursuant to sections 985.0301(5)(b)l and 985.433(7)(c) & (9), Florida Statutes

J.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-16

Citation: 205 So. 3d 802, 2016 Fla. App. LEXIS 17012

Snippet: period must end *803when J.S. turns nineteen. See § 985.0301(5)(b)(l) (2015) (providing that the juvenile court

J.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-16

Snippet: period must end when J.S. turns nineteen. See § 985.0301(5)(b)(1) (2015) (providing that the juvenile court

State of Florida v. J.Q., a Child

Court: District Court of Appeal of Florida | Date Filed: 2015-11-12

Citation: 178 So. 3d 943, 2015 Fla. App. LEXIS 16982

Snippet: DCA 2013) ]. In that case, we held that section 985.0301(6) “is fairly viewed as authorizing the court

State of Florida v. A.M., a child

Court: District Court of Appeal of Florida | Date Filed: 2015-10-07

Citation: 178 So. 3d 437, 2015 Fla. App. LEXIS 14932

Snippet: prior to an adjudicatory hearing. See § 985.0301(6), Fla. Stat. (2013); State v. J.C.,

State of Florida v. T.L., a child

Court: District Court of Appeal of Florida | Date Filed: 2015-10-07

Citation: 178 So. 3d 438, 2015 Fla. App. LEXIS 14931

Snippet: prior to an adjudicatory hearing. See § 985.0301(6), Fla. Stat. (2013); State v. J.C.,

T.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-11

Citation: 172 So. 3d 1024, 2015 Fla. App. LEXIS 13615, 2015 WL 5309115

Snippet: his 19th birthday. Appellant claims that section 985.0301(5), Florida Statutes (2009), gives the trial court

State of Florida v. M.A., a child

Court: District Court of Appeal of Florida | Date Filed: 2015-08-26

Citation: 174 So. 3d 522, 2015 Fla. App. LEXIS 12767

Snippet: 3d 756, 757 (Fla. 4th DCA 2009). Section 985.0301, Florida Statutes (2014), provides, in relevant

State of Florida v. D.A., a child

Court: District Court of Appeal of Florida | Date Filed: 2015-08-12

Citation: 171 So. 3d 229, 2015 Fla. App. LEXIS 11967

Snippet: the trial court imper-missibly relied on section 985.0301(6), Florida Statutes (2014), to sua sponte

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: committed a delinquent act or violation of law.” §§ 985.0301(1), 985.318(1), Fla. Stat. (2013); Fla. R. Juv

State of Florida v. J.C., a child

Court: District Court of Appeal of Florida | Date Filed: 2014-07-09

Citation: 141 So. 3d 756, 2014 WL 3187254, 2014 Fla. App. LEXIS 10523

Snippet: the trial court impermissibly relied on section 985.0301(6), Florida Statutes (2011), to dismiss the petition

R.J., a Child v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-02

Citation: 142 So. 3d 907, 2014 WL 2957455, 2014 Fla. App. LEXIS 10122

Snippet: not cognizable by the circuit courts”). Section 985.0301(1), Florida Statutes (2012), states that “[t]he

D.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-02-26

Citation: 133 So. 3d 595, 2014 WL 784990, 2014 Fla. App. LEXIS 2597

Snippet: order was entered, he was 19-years old. See § 985.0301(5)(a), Fla. Stat. (2012). Based on the State’s

V.A.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-09-18

Citation: 136 So. 3d 612, 2013 Fla. App. LEXIS 14818, 2013 WL 5226524

Snippet: juvenile jurisdiction statute.1 We agree. Section 985.0301(5)(a), Florida Statutes (2010), provides in relevant

State v. E.I.

Court: District Court of Appeal of Florida | Date Filed: 2013-05-08

Citation: 114 So. 3d 309, 2013 WL 1890378, 2013 Fla. App. LEXIS 7358

Snippet: petition for delinquency against E.I. under section 985.0301(6), Florida Statutes (2012), which allows a juvenile

State v. W.D.

Court: District Court of Appeal of Florida | Date Filed: 2013-05-08

Citation: 112 So. 3d 702, 2013 WL 1890362, 2013 Fla. App. LEXIS 7369

Snippet: parents/guardian with a summons. Relying upon section 985.0301(6), Florida Statutes (2012), which states “[t]he

State v. A.A.

Court: District Court of Appeal of Florida | Date Filed: 2013-04-17

Citation: 110 So. 3d 988, 2013 WL 1629152, 2013 Fla. App. LEXIS 6073

Snippet: custody. Therefore, jurisdiction attached. See § 985.0301, Fla. Stat. (2011): (1) The circuit court has