Florida Statutes

Fla. Stat. § 985.24 (2025)

Use of detention; prohibitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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).

Notes of Decisions

Cited in 15 cases, 2007–2014 · leading case: BM v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008).

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BM v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008). · cites it 5× “Section 985.24 of the Florida Statutes, entitled "Use of detention; prohibitions," clearly and unambiguously sets forth the grounds on which a child may be detained.”

KE v. Dep't of Juv. Just., 963 So. 2d 864 (Fla. 1st DCA 2007). · cites it 3× “Section 985.24 provides that a child may be detained only for the specific reasons given in the statute.”

B.R. v. State, 145 So. 3d 196 (Fla. 2d DCA 2014). · cites it 2× “R.’s case is that the juvenile “[pjresents a substantial risk of not appearing at a subsequent hearing.”

E.A.R. v. State, 4 So. 3d 614 (Fla. 2009). “Unfortunately, in this case, the title provides very little insight regarding what may constitute a sufficient departure “reason" because it merely reiterates the preponderance-of-the-evidence standard present in section 39.”

AK v. Dobuler, 951 So. 2d 989 (Fla. 3d DCA 2007). · cites it 2× “Section 985.24(1)(a), Florida Statutes, does provide that a finding that a child presents "a substantial risk of not appearing at a subsequent hearing" is a legitimate basis for determining that secure detention should be ordered.”

T.K.B. v. Durham, 63 So. 3d 60 (Fla. 1st DCA 2011). · cites it 3× “Section 985.24, Florida Statutes, provides that a child may be detained only for the specific reasons given in the statute.”

Dep't of Child. & Families v. BN, 979 So. 2d 1110 (Fla. 4th DCA 2008). · cites it 2× “24(2)(d), Florida Statutes, provides that a juvenile alleged to have committed a delinquent act or violation of the law may not be placed into secure, nonsecure or home detention "[d]ue to a lack of more appropriate facilities." It follows that if a juvenile cannot be placed in…”

J.L.B. v. Kelly, 93 So. 3d 1137 (Fla. 2d DCA 2012). · cites it 2× “However, there is nothing in the statute governing juvenile pretrial detention, section 985.24, Florida Statutes (2011), nor in the case law that would justify such a fine distinction.”

EAR v. State, 4 So. 3d 614 (Fla. 2009). “[27] Unfortunately, in this case, the title provides very little insight regarding what may constitute a sufficient departure "reason" because it merely reiterates the preponderance-of-the-evidence standard present in section 39.”

H.D. v. Shore, 134 So. 3d 1062 (Fla. 4th DCA 2013). “At the hearing, the State correctly noted that section 985.24(l)(d) permits the use of secure detention in some circumstances to punish contempt of court.”

J.J. v. State, 31 So. 3d 295 (Fla. 3d DCA 2010). · cites it 2× “Section 985.24(2)(b), Florida Statutes (2009), prohibits detaining a child to permit administrative access to the child.”

V.P. v. State, 72 So. 3d 788 (Fla. 4th DCA 2011). “See generally §§ 985.24, et seq., Fla. Stat. (2011) (Part V of Chapter 985, discussing the permitted uses and criteria for detention which apply in a pre-commitment posture).”

Show all 15 citing cases →

— 985.24(1) — 1 case

BM v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008). “Section 985.24 of the Florida Statutes, entitled "Use of detention; prohibitions," clearly and unambiguously sets forth the grounds on which a child may be detained.”

— 985.24(1)(a) — 3 cases

AK v. Dobuler, 951 So. 2d 989 (Fla. 3d DCA 2007). “Section 985.24(1)(a), Florida Statutes, does provide that a finding that a child presents "a substantial risk of not appearing at a subsequent hearing" is a legitimate basis for determining that secure detention should be ordered.”

B.R. v. State (Fla. 2d DCA 2014).

— 985.24(2) — 1 case

KE v. Dep't of Juv. Just., 963 So. 2d 864 (Fla. 1st DCA 2007). “Section 985.24 provides that a child may be detained only for the specific reasons given in the statute.”

— 985.24(2)(b) — 2 cases

J.J. v. State, 31 So. 3d 295 (Fla. 3d DCA 2010). “Section 985.24(2)(b), Florida Statutes (2009), prohibits detaining a child to permit administrative access to the child.”

JJ v. State, 31 So. 3d 295 (Fla. 3d DCA 2010).

— 985.24(2)(d) — 3 cases

Dep't of Child. & Families v. BN, 979 So. 2d 1110 (Fla. 4th DCA 2008). “24(2)(d), Florida Statutes, provides that a juvenile alleged to have committed a delinquent act or violation of the law may not be placed into secure, nonsecure or home detention "[d]ue to a lack of more appropriate facilities." It follows that if a juvenile cannot be placed in…”

T.K.B. v. Durham, 63 So. 3d 60 (Fla. 1st DCA 2011). “Section 985.24, Florida Statutes, provides that a child may be detained only for the specific reasons given in the statute.”

B.S. v. State, 134 So. 3d 1126 (Fla. 5th DCA 2014).

— 985.24(4) — 1 case

KE v. Dep't of Juv. Just., 963 So. 2d 864 (Fla. 1st DCA 2007). “Section 985.24 provides that a child may be detained only for the specific reasons given in the statute.”

— 985.24(l)(a) — 1 case

B.R. v. State, 145 So. 3d 196 (Fla. 2d DCA 2014). “R.’s case is that the juvenile “[pjresents a substantial risk of not appearing at a subsequent hearing.”

— 985.24(l)(d) — 1 case

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