Florida Statute 985.047 | 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. 985.047

985.047 Information systems.—

(1)(a) For the purpose of assisting in law enforcement administration and decisionmaking, such as juvenile diversion from continued involvement with the law enforcement and judicial systems, the sheriff of the county in which juveniles are taken into custody is encouraged to maintain a central identification file on serious habitual juvenile offenders and on juveniles who are at risk of becoming serious habitual juvenile offenders by virtue of having an arrest record.

(b) The central identification file shall contain, but not be limited to, pertinent dependency record information maintained by the Department of Children and Families and delinquency record information maintained by the Department of Juvenile Justice; pertinent school records, including information on behavior, attendance, and achievement; pertinent information on delinquency and dependency maintained by law enforcement agencies and the state attorney; and pertinent information on delinquency and dependency maintained by those agencies charged with screening, assessment, planning, and treatment responsibilities. The information obtained shall be used to develop a multiagency information sheet on serious habitual juvenile offenders or juveniles who are at risk of becoming serious habitual juvenile offenders. The agencies and persons specified in this paragraph shall cooperate with the law enforcement agency or county in providing needed information and in developing the multiagency information sheet to the greatest extent possible.

(c) As used in this section, “a juvenile who is at risk of becoming a serious habitual juvenile offender” means a juvenile who has been adjudicated delinquent and who meets one or more of the following criteria:

1. Is arrested for a capital, life, or first degree felony offense or sexual battery.

2. Has five or more arrests, at least three of which are for felony offenses. Three of such arrests must have occurred within the preceding 12-month period.

3. Has 10 or more arrests, at least 2 of which are for felony offenses. Three of such arrests must have occurred within the preceding 12-month period.

4. Has four or more arrests, at least one of which is for a felony offense and occurred within the preceding 12-month period.

5. Has 10 or more arrests, at least 8 of which are for any of the following offenses:

a. Petit theft;

b. Misdemeanor assault;

c. Possession of a controlled substance;

d. Weapon or firearm violation; or

e. Substance abuse.

Four of such arrests must have occurred within the preceding 12-month period.

6. Meets at least one of the criteria for criminal gang membership.

(2)(a) Notwithstanding any provision of law to the contrary, confidentiality of records information does not apply to juveniles who have been arrested for an offense that would be a crime if committed by an adult, regarding the sharing of the information on the juvenile with the law enforcement agency or county and any agency or person providing information for the development of the multiagency information sheet as well as the courts, the child, the parents or legal custodians of the child, their attorneys, or any other person authorized by the court to have access. A public or private educational agency shall provide pertinent records to and cooperate with the law enforcement agency or county in providing needed information and developing the multiagency information sheet to the greatest extent possible. Neither these records provided to the law enforcement agency or county nor the records developed from these records for serious habitual juvenile offenders nor the records provided or developed from records provided to the law enforcement agency or county on juveniles at risk of becoming serious habitual juvenile offenders shall be available for public disclosure and inspection under s. 119.07.

(b) The department shall notify the sheriffs of both the prior county of residence and the new county of residence immediately upon learning of the move or other relocation of a juvenile offender who has been adjudicated or had adjudication withheld for a violent misdemeanor or violent felony.

(3) A law enforcement agency or county that implements a juvenile offender information system must annually provide information gathered during the previous year to the delinquency and gang prevention council of the judicial circuit in which the county is located. This information must include the number, types, and patterns of delinquency tracked by the juvenile offender information system.

History.—s. 5, ch. 90-208; s. 5, ch. 92-287; s. 4, ch. 93-196; s. 4, ch. 93-230; s. 49, ch. 94-209; s. 17, ch. 95-267; s. 19, ch. 96-388; s. 166, ch. 97-101; s. 8, ch. 97-238; s. 14, ch. 2006-120; s. 31, ch. 2008-238; s. 168, ch. 2010-102; s. 345, ch. 2014-19.

Note.—Former s. 39.0585; s. 985.08.

F.S. 985.047 on Google Scholar

F.S. 985.047 on Casetext

Amendments to 985.047

Arrestable Offenses / Crimes under Fla. Stat. 985.047

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.047.

Annotations, Discussions, Cases:

Cases Citing Statute 985.047

Total Results: 20

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: habitual juvenile offenders in accordance with s. 985.47 [repealed by chapter 2011-70, § 4, Laws of Florida

J.B.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-25T00:00:00-07:00

Citation: 90 So. 3d 961, 2012 WL 2368979, 2012 Fla. App. LEXIS 10147

Snippet: offenders as provided in s. 985.47. The determination shall be made under ss. 985.47(1) and 985.433(7). [[Image

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2011-10-20T00:00:00-07:00

Citation: 75 So. 3d 216, 36 Fla. L. Weekly Supp. 601, 2011 Fla. LEXIS 2616, 2011 WL 4975440

Snippet: recent amend*217ments to sections 39.01114(4), 985.47, and 985.441, Florida Statutes (2010). See ch.2011…Stat.); eh.2011-70, § 4, Laws of Fla. (amending § 985.47, Fla. Stat.); ch.2011-227, § 1, Laws of Fla. (amending…39.01114(4), Fla. Stat.). The amendments to sections 985.47 and 985.441 became effective July 1, 2011. See

KJF v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-30T00:53:00-07:00

Citation: 44 So. 3d 1204

Snippet: gave rise to the supervision or care"); § 985.047(2)(b) ("The department shall notify the sheriffs

K.J.F. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-30T00:00:00-07:00

Citation: 44 So. 3d 1204, 2010 Fla. App. LEXIS 14532

Snippet: that gave rise to the supervision or care”); § 985.047(2)(b) (“The department shall notify the sheriffs

NJM v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-16T00:53:00-07:00

Citation: 32 So. 3d 731

Snippet: quot; (SHO). On appeal, N.J.M. argues that section 985.47(1), Florida Statutes (2008), permits a SHO designation…in the case currently before the court, . . . § 985.47(1), Fla. Stat. (2008) (emphasis added). On remand

N.J.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-16T00:00:00-07:00

Citation: 32 So. 3d 731, 2010 Fla. App. LEXIS 5047

Snippet: offender” (SHO). On appeal, N.J.M. argues that section 985.47(1), Florida Statutes (2008), permits a SHO designation…, in the case currently before the court, ... § 985.47(1), Fla. Stat. (2008) (emphasis added). On remand

NP v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-16T00:53:00-07:00

Citation: 18 So. 3d 735

Snippet: snatching is not a qualifying offense for an SHO. See § 985.47(1)(a), Fla. Stat. (2008); see also T.N. v. State…qualifying offense under the prior version of section 985.47(1)(a)). Moreover, N.P. does not qualify as an SHO…SHO under any of the other subsections of section 985.47(1). Accordingly, because N.P. does not qualify

N.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-16T00:00:00-07:00

Citation: 18 So. 3d 735, 2009 Fla. App. LEXIS 15611

Snippet: snatching is not a qualifying offense for an SHO. See § 985.47(l)(a), Fla. Stat. (2008); see also T.N. v. State…qualifying offense under the prior version of section 985.47(l)(a)). Moreover, N.P. does not quali*738fy as …SHO under any of the other subsections of section 985.47(1). Accordingly, because N.P. does not qualify

BLS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-05T00:53:00-07:00

Citation: 14 So. 3d 1087

Snippet: State and DJJ sought SHO designation under section 985.47(1)(b), Florida Statutes (2008), based upon Appellant…agreed that Appellant met the criteria of section 985.47(1)(b). The trial court adjudicated Appellant guilty…designation was based, however, upon subsection 985.47(1)(b), rather than subsection (1)(a)(14), the trial

B.L.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-05T00:00:00-07:00

Citation: 14 So. 3d 1087, 2009 Fla. App. LEXIS 7454

Snippet: State and DJJ sought SHO designation under section 985.47(l)(b), Florida Statutes (2008), based upon Appellant…agreed that Appellant met the criteria of section 985.47(l)(b). The trial court adjudicated Appellant guilty…designation was based, however, upon subsection 985.47(l)(b), rather than subsection (l)(a)(14), the trial

DS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-03T00:53:00-07:00

Citation: 9 So. 3d 772

Snippet: serious *773 habitual offender pursuant to section 985.47, Florida Statutes (2008). Although his designation…violation-of-probation sentences as they run afoul of section 985.47, Florida Statutes (2008), and remand for a new

D.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-03T00:00:00-07:00

Citation: 9 So. 3d 772, 2009 Fla. App. LEXIS 6909

Snippet: serious *773habitual offender pursuant to section 985.47, Florida Statutes (2008). Although his designation…violation-of-probation sentences as they run afoul of section 985.47, Florida Statutes (2008), and remand for a new

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-05-06T00:53:00-07:00

Snippet: automation of public records), Fla. Stat.; andsee ss. 985.47(11)(o) (automated tracking system for serious or

EDB v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-27T00:53:00-07:00

Citation: 5 So. 3d 787

Snippet: .441, and except as provided in ss. 985.465 and 985.47 and paragraph (f), when the jurisdiction of any

E.D.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-27T00:00:00-07:00

Citation: 5 So. 3d 787, 2009 Fla. App. LEXIS 2658

Snippet: .441, and except as provided in ss. 985.465 and 985.47 and paragraph (f), when the jurisdiction of any

L.O.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-30T00:00:00-08:00

Citation: 974 So. 2d 491, 2008 Fla. App. LEXIS 944

Snippet: serious or habitual juvenile offender. Section 985.47(1), Florida Statutes (2006) provides: A “Serious…or high-risk residential commitment placement. § 985.47(1), Fla. Stat. (2006) (emphasis added). Here, the

LOJ v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-29T23:53:00-08:00

Citation: 974 So. 2d 491

Snippet: serious or habitual juvenile offender. Section 985.47(1), Florida Statutes (2006) provides: A "Serious…or high-risk residential commitment placement. § 985.47(1), Fla. Stat. (2006) (emphasis added). Here, the

A.M. v. Housel

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-21T00:00:00-08:00

Citation: 948 So. 2d 993, 2007 Fla. App. LEXIS 2342, 2007 WL 517371

Snippet: renumbered, effective January 1, 2007, to sections 985.47 and 985.465, respectively, without any substantive

Asian Imports, Inc. v. Pepe

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-14T23:53:00-08:00

Citation: 633 So. 2d 551

Snippet: mortgage, alleging the defendants owed him $204,985.47 in unpaid principal, $13,938.64 in interest, and