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: District Court of Appeal of Florida | Date Filed: 2015-03-25

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: District Court of Appeal of Florida | Date Filed: 2012-06-25

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: Supreme Court of Florida | Date Filed: 2011-10-20

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.2011-54

K.J.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-30

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

KJF v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-30

Citation: 44 So. 3d 1204, 2010 WL 3783340

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

N.J.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-16

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

NJM v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-16

Citation: 32 So. 3d 731, 2010 WL 1507019

Snippet: offender" (SHO). On appeal, N.J.M. argues that section 985.47(1), Florida Statutes (2008), permits a SHO designation

N.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-16

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

NP v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-16

Citation: 18 So. 3d 735, 2009 WL 3320187

Snippet: snatching is not a qualifying offense for an SHO. See § 985.47(1)(a), Fla. Stat. (2008); see also T.N. v. State

B.L.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-05

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’s

BLS v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-05

Citation: 14 So. 3d 1087, 2009 WL 1561816

Snippet: State and DJJ sought SHO designation under section 985.47(1)(b), Florida Statutes (2008), based upon Appellant's

D.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-03

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

DS v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-03

Citation: 9 So. 3d 772, 2009 WL 1531708

Snippet: serious *773 habitual offender pursuant to section 985.47, Florida Statutes (2008). Although his designation

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-05-06

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

E.D.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-27

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

EDB v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-27

Citation: 5 So. 3d 787, 2009 WL 790131

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: District Court of Appeal of Florida | Date Filed: 2008-01-30

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

LOJ v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-01-30

Citation: 974 So. 2d 491, 2008 WL 239059

Snippet: serious or habitual juvenile offender. Section 985.47(1), Florida Statutes (2006) provides: A "Serious

A.M. v. Housel

Court: District Court of Appeal of Florida | Date Filed: 2007-02-21

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: District Court of Appeal of Florida | Date Filed: 1994-03-15

Citation: 633 So. 2d 551, 1994 WL 76440

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