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Florida Statute 985.0301 | Lawyer Caselaw & Research
F.S. 985.0301 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
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 from cite.case.law:

D. V. a v. STATE, 216 So. 3d 3 (Fla. Dist. Ct. App. 2017)

. . . predisposition report for the trial court’s use in developing a plan of probation, pursuant to sections 985.0301 . . .

J. S. v. STATE, 205 So. 3d 802 (Fla. Dist. Ct. App. 2016)

. . . See § 985.0301(5)(b)(l) (2015) (providing that the juvenile court shall retain jurisdiction over a child . . .

STATE v. J. Q. a, 178 So. 3d 943 (Fla. Dist. Ct. App. 2015)

. . . In that case, we held that section 985.0301(6) “is fairly viewed as authorizing the court to elect, to . . .

STATE v. A. M. a, 178 So. 3d 437 (Fla. Dist. Ct. App. 2015)

. . . See § 985.0301(6), Fla. Stat. (2013); State v. . . .

STATE v. T. L. a, 178 So. 3d 438 (Fla. Dist. Ct. App. 2015)

. . . See § 985.0301(6), Fla. Stat. (2013); State v. . . .

T. D. v. STATE, 172 So. 3d 1024 (Fla. Dist. Ct. App. 2015)

. . . Appellant claims that section 985.0301(5), Florida Statutes (2009), gives the trial court jurisdiction . . . Section 985.0301(5)(h), states: (h) The court may retain jurisdiction over a juvenile sexual offender . . .

STATE v. M. A. a, 174 So. 3d 522 (Fla. Dist. Ct. App. 2015)

. . . Section 985.0301, Florida Statutes (2014), provides, in relevant part, that: (1) The circuit court has . . . Defense counsel moved to dismiss pursuant to section 985.0301(6), claiming that this section permitted . . . This court in J.C. held that the “trial court impermissibly relied on section 985.0301(6) to terminate . . . J.C. relied on W.D., where this court determined that the trial court incorrectly relied on section 985.0301 . . . In W.D., this court determined the scope of section 985.0301(6) “as authorizing the court to elect to . . .

STATE v. D. A. a, 171 So. 3d 229 (Fla. Dist. Ct. App. 2015)

. . . We reverse and hold that the trial court imper-missibly relied on section 985.0301(6), Florida Statutes . . . In that case, we held that section 985.0301(6) “is fairly viewed as authorizing the court to elect to . . .

STATE v. C. M. a, 154 So. 3d 1177 (Fla. Dist. Ct. App. 2015)

. . . .” §§ 985.0301(1), 985.318(1), Fla. Stat. (2013); Fla. R. Juv. P. 8.030(a). . . . .” § 985.0301(4)(a), Fla. Stat. (2013). . . .

STATE v. J. C. a, 141 So. 3d 756 (Fla. Dist. Ct. App. 2014)

. . . We reverse and hold that the trial court impermissibly relied on section 985.0301(6), Florida Statutes . . . Defense counsel moved to dismiss the petition pursuant to section 985.0301(6), which permits the court . . . See § 985.0301(6), Fla. Stat. (2011). . . . There, we held that section 985.0301(6) allows the trial court to end its jurisdiction over a child only . . . Accordingly, we hold that the trial court impermissibly relied on section 985.0301(6) to terminate its . . .

R. J. a v. STATE, 142 So. 3d 907 (Fla. Dist. Ct. App. 2014)

. . . Section 985.0301(1), Florida Statutes (2012), states that “[t]he circuit court has exclusive original . . .

D. A. a v. STATE, 133 So. 3d 595 (Fla. Dist. Ct. App. 2014)

. . . See § 985.0301(5)(a), Fla. Stat. (2012). . . .

V. A. C. v. STATE, 136 So. 3d 612 (Fla. Dist. Ct. App. 2013)

. . . Section 985.0301(5)(a), Florida Statutes (2010), provides in relevant part: [Wjhen the jurisdiction of . . . Regarding restitution, section 985.0301(5)(i) specifically instructs: The court may retain jurisdiction . . . separate from any disposition or order of commitment, on or prior to the date” V.A.C. turned nineteen. § 985.0301 . . .

STATE v. E. I. a, 114 So. 3d 309 (Fla. Dist. Ct. App. 2013)

. . . Florida appeals the trial court’s order dismissing a petition for delinquency against E.I. under section 985.0301 . . . State, 667 So.2d 439, 440 (Fla. 4th DCA 1996); see also § 985.0301(5), Fla. Stat. . . .

STATE v. W. D. a, 112 So. 3d 702 (Fla. Dist. Ct. App. 2013)

. . . Relying upon section 985.0301(6), Florida Statutes (2012), which states “[t]he court may at any time . . . State raises a number of arguments, we find merit in only one: its claim that interpreting section 985.0301 . . . So, pursuant to 985.0301, subsection (6), which states that the Court may at any time enter an order . . . Section 985.0301, Florida Statutes (2012), provides, in relevant part, that (1) The circuit court has . . . See § 985.0301(2), Fla. . . .

STATE v. A. A. a, 110 So. 3d 988 (Fla. Dist. Ct. App. 2013)

. . . See § 985.0301, Fla. . . .

DEL VALLE, v. STATE, 80 So. 3d 999 (Fla. 2011)

. . . pursuant to s. 775.089 or s. 985.437, and of the victim’s rights of enforcement under ss. 775.089(6) and 985.0301 . . . Sections 985.437 and 985.0301, Florida Statutes (2011), pertain to restitution ordered in the juvenile . . .

A. B. A v. STATE, 67 So. 3d 1183 (Fla. Dist. Ct. App. 2011)

. . . Section 985.0301(5)(h), Florida Statutes (2010), provides that “[t]he court may retain jurisdiction of . . . Section 985.0301(5)(h) extends jurisdiction over juvenile sex offenders placed in either a “program or . . .

KIRKLAND, v. STATE, 67 So. 3d 1147 (Fla. Dist. Ct. App. 2011)

. . . . § 985.0301(5)(c), Fla. Stat. He relies on the holding in Apprendi v. . . .

DEMPSEY, v. STATE, 82 So. 3d 928 (Fla. Dist. Ct. App. 2011)

. . . Griffith, 675 So.2d 911 (Fla.1996); § 985.0301(5)(a), Fla. Stat. (2010). . . .

UNITED STATES v. CORTES, a. k. a. a. k. a., 427 F. App'x 803 (11th Cir. 2011)

. . . . § 985.0301(1) (conferring jurisdiction), § 985.35 (providing for adjudicatory hearings in juvenile . . .

A. S. B. v. STATE, 59 So. 3d 234 (Fla. Dist. Ct. App. 2011)

. . . than "the maximum term of imprisonment that an adult may serve for the same offense,” id., and section 985.0301 . . .

A. M. E. v. STATE, 18 So. 3d 1251 (Fla. Dist. Ct. App. 2009)

. . . See § 985.0301(5)(a), Fla. Stat. (2008). . . .

STATE v. W. W. a, 16 So. 3d 305 (Fla. Dist. Ct. App. 2009)

. . . jurisdiction in the county court over misdemeanor traffic offenses, despite the general provisions of section 985.0301 . . . that section 316.635(1) appeared to be in conflict with section 985.201 (since renumbered as section 985.0301 . . .

E. D. B. a v. STATE, 5 So. 3d 787 (Fla. Dist. Ct. App. 2009)

. . . Section 985.0301, Florida Statutes (2007), addresses the circuit court’s jurisdiction in juvenile cases . . . Section 985.0301(5)0) unambiguously provides that a “court may retain jurisdiction over a child and the . . . Finally, section 985.0301(5)(i) states what must be included in a restitution order. . . . Reading sections 985.0301(5)(i) and 775.089(5) together, we conclude that costs, interests, penalties . . . Because section 985.0301(5) only allows jurisdiction to be retained to enforce orders of restitution . . .

C. A. F. a v. STATE, 976 So. 2d 629 (Fla. Dist. Ct. App. 2008)

. . . The first is section 985.0301, which merely establishes that the circuit court has jurisdiction over . . . specifies that the court’s control over the child has to accord with the provisions of Chapter 985. § 985.0301 . . .

X. R. a v. STATE, 976 So. 2d 633 (Fla. Dist. Ct. App. 2008)

. . . See § 985.0301(1), Fla. Stat. . . .

L. O. J. a v. STATE, 974 So. 2d 491 (Fla. Dist. Ct. App. 2008)

. . . See § 985.0301(5)(d), Fla. . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 951 So. 2d 804 (Fla. 2007)

. . . parent(s), to pay restitution costs for the benefit of the victim pursuant to sections 985.201(4)(c-)985.0301 . . .