Florida Statute 985.101 | 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. 985.101

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 Casetext

Amendments to 985.101

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

Annotations, Discussions, Cases:

Cases Citing Statute 985.101

Total Results: 13

SHARRON TASHA FORD v. CITY OF BOYNTON BEACH

Court: District Court of Appeal of Florida | Date Filed: 2021-08-04

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

I.K. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Citation: 257 So. 3d 1163

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 323

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

State v. C.J.

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

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

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

J.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-10-21

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

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

J.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-10-21

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

H.D. v. Shore

Court: District Court of Appeal of Florida | Date Filed: 2013-09-11

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

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

Neely v. State

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

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

Snippet: (citations omitted). We are aware that section 985.101(3), Florida Statutes (2010), requires police to

E.A.R. v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-30

Citation: 4 So. 3d 614, 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150

Snippet: . § 985.03(l)-(57), Fla. Stat. (2007). . §§ 985.101-.16, Fla. Stat. (2007) (custody and intake); §§

EAR v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-30

Citation: 4 So. 3d 614, 2009 WL 217979

Snippet: § 985.03(1)-(57), Fla. Stat. (2007). [26] §§ 985.101-.16, Fla. Stat. (2007) (custody and intake); §§

BM v. Dobuler

Court: District Court of Appeal of Florida | Date Filed: 2008-03-19

Citation: 979 So. 2d 308, 2008 WL 724124

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

AK v. Dobuler

Court: District Court of Appeal of Florida | Date Filed: 2007-03-14

Citation: 951 So. 2d 989, 2007 WL 756922

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