Florida Statute 985.24 - 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. 985.24

985.24 Use of detention; prohibitions.—

(1) All determinations and court orders regarding the use of detention care shall be based primarily upon findings that the child:

(a) Presents a substantial risk of not appearing at a subsequent hearing;

(b) Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior, including the illegal possession or use of a firearm;

(d) Has committed contempt of court by:

1. Intentionally disrupting the administration of the court;

2. Intentionally disobeying a court order; or

3. Engaging in a punishable act or speech in the court’s presence which shows disrespect for the authority and dignity of the court; or

(e) Requests protection from imminent bodily harm.

(2) A child who is placed on supervised release detention care may be required to comply with any available condition established by the department or ordered by the court, including electronic monitoring, if the court finds such a condition is necessary to preserve public safety or to ensure the child’s safety or appearance in court.

(3) A child alleged to have committed a delinquent act or violation of law may not be placed into secure or supervised release detention care for any of the following reasons:

(a) To allow a parent to avoid his or her legal responsibility.

(b) To permit more convenient administrative access to the child.

(d) Due to a lack of more appropriate facilities.

(4) A child who is alleged to be dependent under chapter 39, or any child subject to proceedings under chapter 984, who is not alleged to have committed a delinquent act or violation of law, may not, under any circumstances, be placed into secure detention care.

(5) The department shall continue to identify and develop supervised release detention options and annually submit them to the Legislature for authorization and appropriation.

History.—s. 5, ch. 90-208; s. 3, ch. 93-408; ss. 29, 30, ch. 94-209; ss. 21, 22, ch. 97-238; s. 80, ch. 98-280; s. 31, ch. 2006-120; s. 14, ch. 2014-162; s. 6, ch. 2018-86; s. 1, ch. 2022-181; s. 4, ch. 2023-87; s. 30, ch. 2025-153.

Note.—Subsection (1) former s. 39.042(1); s. 985.213(1). Subsections (3), (4) former s. 39.043; s. 985.214. Subsection (5) former s. 39.042(4); s. 985.213(4).

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Amendments to 985.24

Annotations, Discussions, Cases:

Cases Citing Statute 985.24

Total Results: 12

KE v. Department of Juvenile Justice

963 So. 2d 864, 2007 Fla. App. LEXIS 12668, 2007 WL 2301397

District Court of Appeal of Florida | Filed: Aug 14, 2007 | Docket: 1697492

Cited 8 times | Published

Woolsey, 673 So.2d 152 (Fla. 1st DCA 1996). Section 985.24 provides that a child may be detained only

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

statute."); accord R.G., 817 So.2d at 1020. Section 985.24 of the Florida Statutes, entitled "Use of detention;

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

detention for the reasons the trial judge gave. Section 985.24(1)(a), Florida Statutes, does provide that

B.R. v. State

145 So. 3d 196, 2014 WL 4055636, 2014 Fla. App. LEXIS 12554

District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 60242652

Cited 2 times | Published

2007)) (internal quotation marks omitted). Section 985.24 provides that all detention care determinations

J.L.B. v. Kelly

93 So. 3d 1137, 2012 WL 3101840, 2012 Fla. App. LEXIS 12518, 37 Fla. L. Weekly Fed. D 1828

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310461

Cited 2 times | Published

statute governing juvenile pretrial detention, section 985.24, Florida Statutes (2011), nor in the case law

JJ v. State

31 So. 3d 295, 2010 WL 1222667

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 513656

Cited 2 times | Published

detention must follow strict statutory criteria. Section 985.24(2)(b), Florida Statutes (2009), prohibits detaining

J.J. v. State

31 So. 3d 295, 2010 Fla. App. LEXIS 4206

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 60289563

Cited 1 times | Published

detention must follow strict statutory criteria. Section 985.24(2)(b), Florida Statutes (2009), prohibits detaining

Department of Children and Families v. BN

979 So. 2d 1110, 2008 Fla. App. LEXIS 5197, 2008 WL 942632

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1714002

Cited 1 times | Published

for his offenses, and his hold thus expired. Section 985.24(2)(d), Florida Statutes, provides that a juvenile

B.R. v. State

District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 1003010

Published

quotation marks omitted). Section 985.24 provides that all detention care determinations

B.S. v. State

134 So. 3d 1126, 2014 WL 470626, 2014 Fla. App. LEXIS 1617

District Court of Appeal of Florida | Filed: Feb 6, 2014 | Docket: 60239040

Published

held in secure detention pending placement. See § 985.24(2)(d), Fla. Stat. (2013) (providing that “[a]

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

the hearing, the State correctly noted that section 985.24(l)(d) permits the use of secure detention in

T.K.B. v. Durham

63 So. 3d 60, 2011 Fla. App. LEXIS 7158, 2011 WL 1879119

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2365894

Published

See R.W. v. Soud, 639 So.2d 25 (Fla.1994). Section 985.24, Florida Statutes, provides that a child may