Florida Statute 985.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.101

985.101 Taking a child into custody.—

(1) A child may be taken into custody under the following circumstances:

(a) Pursuant to an order of the circuit court issued under this chapter, based upon sworn testimony, either before or after a petition is filed.

(b) For a delinquent act or violation of law, pursuant to Florida law pertaining to a lawful arrest. If such delinquent act or violation of law would be a felony if committed by an adult or involves a crime of violence, the arresting authority shall immediately notify the district school superintendent, or the superintendent’s designee, of the school district with educational jurisdiction of the child. Such notification shall include other education providers such as the Florida School for the Deaf and the Blind, university developmental research schools, and private elementary and secondary schools. The information obtained by the superintendent of schools pursuant to this section must be released within 48 hours after receipt to appropriate school personnel, including the principal of the child’s school, or as otherwise provided by law. The principal must immediately notify the child’s immediate classroom teachers. Information provided by an arresting authority under this paragraph may not be placed in the student’s permanent record and shall be removed from all school records no later than 9 months after the date of the arrest.

(c) By a law enforcement officer for failing to appear at a court hearing after being properly noticed. However, before a court issues an order to take a child into custody for failing to appear, it must consider all of the following information relating to whether the child’s nonappearance was willful:

1. Whether notice was sent to the child’s address included in the official court record.

2. Whether any person provided notice to the child in any format.

3. If the child is represented by counsel, whether counsel for the child has information that the nonappearance was not willful or was otherwise beyond the child’s control.

4. Whether a department representative had contact or attempted to have contact with the child.

5. Whether the department has any other specific information to assist the court in making the determination.

(d) By a law enforcement officer who has probable cause to believe that the child is in violation of the conditions of the child’s probation, supervised release detention, or conditional release supervision; has absconded from nonresidential commitment; or has escaped from residential commitment.

Nothing in this subsection shall be construed to allow the detention of a child who does not meet the detention criteria in part V.

(2) Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless the adult is alleged or believed to be involved in the same offense or transaction as the child.

(3) When a child is taken into custody as provided in this section, the person taking the child into custody shall attempt to notify the parent, guardian, or legal custodian of the child. The person taking the child into custody shall continue such attempt until the parent, guardian, or legal custodian of the child is notified or the child is delivered to the department under ss. 985.14 and 985.145, whichever occurs first. If the child is delivered to the department before the parent, guardian, or legal custodian is notified, the department shall continue the attempt to notify until the parent, guardian, or legal custodian of the child is notified. Following notification, the parent or guardian must provide identifying information, including name, address, date of birth, social security number, and driver license number or identification card number of the parent or guardian to the person taking the child into custody or the department.

(4) Taking a child into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of any evidence in conjunction therewith is lawful.

History.—s. 5, ch. 90-208; s. 3, ch. 92-130; s. 7, ch. 92-287; ss. 26, 31, ch. 94-209; s. 1340, ch. 95-147; s. 7, ch. 95-267; ss. 15, 23, ch. 97-238; ss. 8, 13, ch. 98-207; s. 12, ch. 99-284; s. 6, ch. 2000-134; s. 22, ch. 2000-135; s. 16, ch. 2001-125; s. 2, ch. 2005-263; s. 15, ch. 2006-120; s. 8, ch. 2014-162; s. 5, ch. 2018-86; s. 2, ch. 2021-219; s. 4, ch. 2024-130.

Note.—Subsections (1), (3), (4) former s. 39.037; s. 985.207. Subsection (2) former s. 39.044(3); s. 985.215(3).

F.S. 985.101 on Google Scholar

F.S. 985.101 on CourtListener

Amendments to 985.101

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 985.101

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

S985.101 1c - FAILURE TO APPEAR - CHILD FAIL TO APPEAR AT COURT HEARING - N: N

S985.101 1d - PROB VIOLATION - CHILD IN VIOL OF IMPOSED CONDITIONS - N: N

S985.101 1d - PROB VIOLATION - CHILD ABSCOND FROM RES NONRES COMMITMENT - N: N

Cases Citing Statute 985.101

Total Results: 12

United States v. James Mathurin

868 F.3d 921

Court of Appeals for the Eleventh Circuit | Filed: Aug 18, 2017 | Docket: 6140517

Cited 4 times | Published

of his arrest as required by Florida Statute § 985.101, (2) a waiver form Defendant signed did not indicate

BM v. Dobuler

979 So. 2d 308, 2008 WL 724124

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1714467

Cited 3 times | Published

the circuit court issued under this chapter." § 985.101, Fla. Stat. (2007); see also A.K., 951 So.2d at

AK v. Dobuler

951 So. 2d 989, 2007 WL 756922

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1280624

Cited 3 times | Published

817 So.2d 1019, 1020 (Fla. 3d DCA 2002). Section 985.101, Florida Statutes (2007) provides that if a

State v. C.J.

219 So. 3d 974, 2017 WL 2364716, 2017 Fla. App. LEXIS 7834

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60266991

Cited 2 times | Published

of the conditions of the child’s probation.” § 985.101(l)(d), Fla. Stat. (2016). “The test for probable

J.J. v. State

181 So. 3d 522, 2015 Fla. App. LEXIS 15527, 2015 WL 6160805

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 60252587

Cited 1 times | Published

After a juvenile is taken into custody, see § 985.101(1), the juvenile must be “released from custody

Neely v. State

126 So. 3d 342, 2013 WL 1629227, 2013 Fla. App. LEXIS 6024

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60236412

Cited 1 times | Published

1003-04 (citations omitted). We are aware that section 985.101(3), Florida Statutes (2010), requires police

SHARRON TASHA FORD v. CITY OF BOYNTON BEACH

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108417

Published

son’s contact and identifying information. See § 985.101(3), Fla. Stat. (2009) (“[T]he person taking the

I.K. v. State

257 So. 3d 1163

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 64691422

Published

those terms in order to justify an arrest. See § 985.101(1)(d), (4), Fla. Stat. (2015). It merely proved

I. K. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8110446

Published

those terms in order to justify an arrest. See § 985.101(1)(d), (4), Fla. Stat. (2015). It merely proved

S. G., a child v. State of Florida

252 So. 3d 323

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7510523

Published

asserts that the officer’s legal duty arose from § 985.101(1)(d). This statute provides that a child may

J.J. v. State

District Court of Appeal of Florida | Filed: Oct 21, 2015 | Docket: 2991093

Published

After a juvenile is taken into custody, see § 985.101(1), the juvenile must be "released from custody

H.D. v. Shore

134 So. 3d 1062, 2013 WL 4821050, 2013 Fla. App. LEXIS 14458

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60239019

Published

be taken into custody by law enforcement. See § 985.101(l)(d), Fla. Stat. (2012). But secure detention