Florida Statute 985.15 - Full Text and Legal Analysis

985.15 Filing decisions.—

(1) The state attorney may in all cases take action independent of the action or lack of action of the juvenile probation officer and shall determine the action that is in the best interest of the public and the child. If the child meets the criteria requiring prosecution as an adult under s. 985.556, the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such a request. In all other cases, the state attorney may:

(a) File a petition for dependency;

(b) File a petition under chapter 984;

(d) File a petition for delinquency with a motion to transfer and certify the child for prosecution as an adult;

(e) File an information under s. 985.557;

(f) Refer the case to a grand jury;

(g) Refer the child to a diversionary, pretrial intervention, arbitration, or mediation program, or to some other treatment or care program if such program commitment is voluntarily accepted by the child or the child’s parents or legal guardian; or

(h) Decline to file.

(2) In cases in which a delinquency report, affidavit, or complaint is filed by a law enforcement agency and the state attorney determines not to file a petition, the state attorney shall advise the clerk of the circuit court in writing that no petition will be filed thereon.

History.—s. 25, ch. 2006-120; s. 150, ch. 2019-167.

Cases Citing F.S. 985.15

Fla. Stat. § 985.15 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·J.J. v. State, 181 So. 3d 522 (Fla. 2d DCA 2015).
Cited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15527, 2015 WL 6160805
...nishable by incarceration if the violation were committed by an adult.” § 985.03(57). At least some of these juveniles will eventually be charged as adults for felonies, but that does not occur until after they have been processed at the JAC. See § 985.15(1)....
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J.J. v. State (Fla. 2d DCA 2015).
Published | Florida 2nd District Court of Appeal
...ordinance which would be punishable by incarceration if the violation were committed by an adult." § 985.03(57). At least some of these juveniles will eventually be charged as adults for felonies, but that does not occur until after they have been processed at the JAC. See § 985.15(1). We have considered whether we could construe this statute to include a JAC....

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Cases Citing F.S. 985.15

·J.J. v. State, 181 So. 3d 522 (Fla. 2d DCA 2015).

J.J. v. State (Fla. 2d DCA 2015).