Florida Statute 985.26 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

View Entire Chapter

F.S. 985.26

985.26 Length of detention.—

(1) A child may not be placed into or held in detention care for longer than 24 hours unless the court orders such detention care, and the order includes specific instructions that direct the release of the child from such detention care, in accordance with s. 985.255. The order shall be a final order, reviewable by appeal under s. 985.534 and the Florida Rules of Appellate Procedure. Appeals of such orders shall take precedence over other appeals and other pending matters.

(2)(a)1. A court may order a child to be placed on supervised release detention care for any time period until an adjudicatory hearing is completed. However, if a child has served 60 days on supervised release detention care, the court must conduct a hearing within 15 days after the 60th day, to determine the need for continued supervised release detention care. At the hearing, and upon good cause being shown that the nature of the charge requires additional time for the prosecution or defense of the case or that the totality of the circumstances, including the preservation of public safety, warrants an extension, the court may order the child to remain on supervised release detention care until the adjudicatory hearing is completed.

2. Except as provided in paragraph (b) or paragraph (c), a child may not be held in secure detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been commenced in good faith by the court.

3. This section does not prohibit a court from transitioning a child to and from secure detention care and supervised release detention care, including electronic monitoring, when the court finds such a placement necessary, or no longer necessary, to preserve public safety or to ensure the child’s safety, appearance in court, or compliance with a court order. Such transition may be initiated upon the court’s own motion, or upon motion of the child or of the state, and after considering any information provided by the department regarding the child’s adjustment to detention supervision. Each period of secure detention care or supervised release detention care counts toward the time limitations in this subsection whether served consecutively or nonconsecutively.

(b) The court may order the child to be held in secure detention beyond 21 days under the following circumstances:

1. Upon good cause being shown that the nature of the charge requires additional time for the prosecution or defense of the case or that the totality of the circumstances, including the preservation of public safety, warrants an extension, the court may extend the length of secure detention care for up to an additional 21 days if the child is charged with an offense which, if committed by an adult, would be a capital felony, a life felony, a felony of the first degree or the second degree, a felony of the third degree involving violence against any individual, or any other offense involving the possession or use of a firearm. Except as otherwise provided in subparagraph 2., the court may continue to extend the period of secure detention care in increments of up to 21 days each by conducting a hearing before the expiration of the current period to determine the need for continued secure detention of the child. At the hearing, the court must make the required findings in writing to extend the period of secure detention. If the court extends the time period for secure detention care, it shall ensure an adjudicatory hearing for the case commences as soon as is reasonably possible considering the totality of the circumstances. The court shall prioritize the efficient disposition of cases in which the child has served 60 or more days in secure detention care.

2. When the child is being held in secure detention under s. 985.255(1)(g), and subject to s. 985.255(1)(h).

(c) A prolific juvenile offender under s. 985.255(1)(f) shall be placed on supervised release detention care with electronic monitoring or in secure detention care under a special detention order until disposition. If secure detention care is ordered by the court, it must be authorized under this part and may not exceed:

1. Twenty-one days unless an adjudicatory hearing for the case has been commenced in good faith by the court or the period is extended by the court pursuant to paragraph (b); or

2. Fifteen days after the entry of an order of adjudication.

As used in this paragraph, the term “disposition” means a declination to file under s. 985.15(1)(h), the entry of nolle prosequi for the charges, the filing of an indictment under s. 985.56 or an information under s. 985.557, a dismissal of the case, or an order of final disposition by the court.

(d) A prolific juvenile offender under s. 985.255(1)(f) who is taken into custody for a violation of the conditions of his or her supervised release detention must be held in secure detention until a detention hearing is held.

(3) Except as provided in subsection (2), a child may not be held in detention care for more than 15 days after the entry of an order of adjudication.

(4) The time limits in subparagraph (2)(a)2. and subsection (3) do not include periods of delay resulting from a continuance granted by the court for cause on motion of the child or his or her counsel or of the state. Upon the issuance of an order granting a continuance for cause on a motion by either the child, the child’s counsel, or the state, the court shall conduct a hearing at the end of each 72-hour period, excluding Saturdays, Sundays, and legal holidays, to determine the need for continued secure detention of the child and the need for further continuance of proceedings for the child or the state.

(5) A child who was not in secure detention at the time of the adjudicatory hearing, but for whom residential commitment is anticipated or recommended, may be placed under a special detention order for a period not to exceed 72 hours, excluding weekends and legal holidays, for the purpose of conducting a comprehensive evaluation as provided in s. 985.185. Motions for the issuance of such special detention order may be made subsequent to a finding of delinquency. Upon said motion, the court shall conduct a hearing to determine the appropriateness of such special detention order and shall order the least restrictive level of detention necessary to complete the comprehensive evaluation process that is consistent with public safety. Such special detention order may be extended for an additional 72 hours upon further order of the court.

(6) If a child is detained and a petition for delinquency is filed, the child shall be arraigned in accordance with the Florida Rules of Juvenile Procedure within 48 hours after the filing of the petition for delinquency.

(7) Any electronic monitoring ordered by a court as a condition of supervised release detention care under this section may be supervised by the department, a law enforcement agency, or the department and a law enforcement agency working in partnership. However, nothing in this subsection requires a law enforcement agency to supervise a child placed on electronic monitoring.

History.—s. 5, ch. 90-208; s. 31, ch. 94-209; s. 1343, ch. 95-147; s. 5, ch. 96-398; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 9, ch. 2000-134; s. 24, ch. 2000-135; s. 4, ch. 2005-263; s. 35, ch. 2006-120; s. 18, ch. 2014-162; s. 4, ch. 2017-164; ss. 10, 11, ch. 2018-86; s. 151, ch. 2019-167; s. 172, ch. 2020-2; s. 2, ch. 2022-181; s. 135, ch. 2023-8; s. 7, ch. 2023-87; s. 11, ch. 2024-130; s. 14, ch. 2024-133.

Note.—Subsection (1) former s. 39.044(5)(a); s. 985.215(5)(a). Subsection (2) former s. 39.044(5)(b); s. 985.215(5)(c), (g). Subsection (3) former s. 39.044(5)(c); s. 985.215(5)(d). Subsection (4) former s. 39.044(5)(d); s. 985.215(5)(f). Subsection (5) former s. 985.215(5)(e). Subsection (6) former s. 39.044(7); s. 985.215(7).

F.S. 985.26 on Google Scholar

F.S. 985.26 on Casetext

Amendments to 985.26

Arrestable Offenses / Crimes under Fla. Stat. 985.26

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.26.

Annotations, Discussions, Cases:

Cases Citing Statute 985.26

Total Results: 20

J.S., A CHILD vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-26T00:00:00-07:00

Snippet: secure detention care. § 985.26(2)(b), Fla. Stat. (2023). Under section 985.26, “a finding of good …writ of habeas corpus in this Court. Section 985.26(2)(b), Florida Statutes (2023), provides: … charge in the abstract is misdirected. Section 985.26 allows for an extension where “the nature of the… for the prosecution or defense of the case.” § 985.26(2)(b) (emphasis added). The State presented no

M.T., A CHILD v. DEPARTMENT OF JUVENILE JUSTICE and MAJOR DUVIEL ROSELLO, Superintendent of the Broward Juvenile Detention Center

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-12T00:00:00-07:00

Snippet: care. § 985.26(2)(b), Fla. Stat. (2022). Importantly, the Legislature amended section 985.26(2)(b) …against any individual. § 985.26(2)(b), Fla. Stat. (2021). Thus, section 985.26(2)(b), as amended in … We disagree and deny the petition. Section 985.26(2)(b), Florida Statutes (2022), provides trial …found when he was arrested on new charges, section 985.26(2)(b) did not preclude the circuit court from adding…juvenile’s secure detention pursuant to section 985.26(2)(b), Florida Statutes (2022). The motion explained

A.J.M., A MINOR vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-21T00:00:00-07:00

Snippet: secure detention care. § 985.26(2)(b), Fla. Stat. (2022). Under section 985.26, “a finding of good …preservation of public safety.” Section 985.26(2)(b), Florida Statutes (2022), provides: …court “to make the required findings in writing.” § 985.26(2)(b). The only findings that the statute lists—and

A.T., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-22T00:53:00-07:00

Snippet: is restored. The trial court relied on section 985.26(4)(a), Florida Statutes (2021), to extend his detention…proceedings for the child or the state. § 985.26(4)(a), Fla. Stat. (2021). When the proceeding was

Z.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-02T00:00:00-07:00

Citation: 224 So. 3d 308, 2017 WL 3317998, 2017 Fla. App. LEXIS 11386

Snippet: authorized in section 985.26 of the Florida Statutes (2017), which reads, in part: 985.26 Length of detention…hearings contemplated in section 985.26(4). That subsection reads: 985.26 Length of detention [[Image here… See § 985.26(2) (forbidding pre-adjudication detention longer than twenty-one days); § 985.26(3) (forbidding…statutory. Therefore, strict compliance with section 985.26 is necessary. E.g., J.S. v. State, 182 So.3d 890

Z.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-31T00:53:00-07:00

Snippet: section 985.26 of the Florida Statutes (2017), which reads, in part: 985.26 Length of…contemplated in section 985.26(4). That subsection reads: 985.26 Length of detention … See § 985.26(2) (forbidding pre-adjudication detention longer than twenty-one days); § 985.26(3) (forbidding…statutory. Therefore, strict compliance with section 985.26 is necessary. E.g., J.S. v. State, 182 So. 3d 890

D.P.O. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-24T00:00:00-08:00

Citation: 212 So. 3d 1064, 2017 Fla. App. LEXIS 2612

Snippet: ordered to have no contact with the victim. Section 985.26(3), Florida Statutes (2016), provides that a child…unauthorized absent a delay pursuant to section 985.26(4), Florida Statutes,1 we *1065grant the writ and… BERGER, WALLIS and LAMBERT, concur. . Section 985.26(4) provides: The time limits in subsections (2)

D.P.O. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-19T23:53:00-08:00

Snippet: have no contact with the victim. Section 985.26(3), Florida Statutes (2016), provides that a child…unauthorized absent a delay pursuant to section 985.26(4), Florida Statutes,1 we grant the writ and remand…WALLIS and LAMBERT, concur. 1 Section 985.26(4) provides: The time

M.D.E. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-09T00:00:00-08:00

Citation: 206 So. 3d 152, 2016 Fla. App. LEXIS 18227

Snippet: release pursuant to section 985.26(2), Florida Statutes (2016). Section 985.26(2) provides: A child may …degree involving violence against any individual. § 985.26(2), Fla. Stat. Petitioner was charged with battery

M.D.E. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-04T23:53:00-08:00

Snippet: release pursuant to section 985.26(2), Florida Statutes (2016). Section 985.26(2) provides: … violence against any individual. § 985.26(2), Fla. Stat. Petitioner was charged with

J.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-12T00:00:00-08:00

Citation: 182 So. 3d 890, 2016 Fla. App. LEXIS 505, 2016 WL 115649

Snippet: hearing for the case has been commenced. See § 985.26(2), Fla. Stat. (2015). The trial court’s authority…cause, no such showing was made in this case. § 985.26(2), Fla. Stat. (2015). No. 5D16-98 District

State v. C.M., a child

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

Citation: 154 So. 3d 1177, 2015 Fla. App. LEXIS 167, 2015 WL 71949

Snippet: *1179 as provided in chapters 316 and 985.” § 26.012(2)(c), Fla. Stat. (2013). 1 In

B.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-15T00:53:00-07:00

Snippet: possible seventy- two-hour extension under section 985.26(5), Florida Statutes (2013). The State argued … that under the plain language of section 985.26(3), B.R. could be detained for up to fifteen days. …her disposition hearing and that under section 985.26(3), she could be held in secure detention for fifteen…January 27, 2014, alleging that pursuant to section 985.26(5), her continued detention was illegal because…responded that under the plain language of section 985.26(3), B.R. could be held in secure detention for

B.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-15T00:00:00-07:00

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

Snippet: possible seventy-two-hour extension under section 985.26(5), Florida Statutes (2013). The State argued that… that under the plain language of section 985.26(3), B.R. could be detained for up to fifteen days. During… her disposition hearing and that under section 985.26(3), she could be held in secure detention for fifteen…January 27, 2014, alleging that pursuant to section 985.26(5), her continued detention was illegal because…responded that under the plain lan*198guage of section 985.26(3), B.R. could be held in secure detention for

C.J.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-11T00:00:00-07:00

Citation: 139 So. 3d 983, 2014 WL 2589188, 2014 Fla. App. LEXIS 8852

Snippet: the trial court relied on section 985.26(3). In part, section 985.26 provides: (2) A child may not be …review,” we write briefly to address why section 985.26(3), Florida Statutes (2012), is not a sentencing…following the entry of an order of adjudication. § 985.26(2)-(3), Fla. Stat. (2012). When read in conjunction… awaiting placement”),1 it appears that section 985.26(3) applies when an order of adjudication has been…while awaiting space in a selected program. Section 985.26(3) does not, however, provide a disposition alternative

Z.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-18T00:00:00-07:00

Citation: 175 So. 3d 813, 2014 WL 1094429, 2014 Fla. App. LEXIS 4173

Snippet: court to conduct a healing pursuant to section 985.26(4), Florida Statutes (2013). We note parenthetically

H.D. v. Shore

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-11T00:00:00-07:00

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

Snippet: twenty-one days pending the adjudicatory hearing. See § 985.26(2), Fla. Stat. (2012). A few days into the period…day pre-adjudication detention period of section 985.26(2) to secure detention whenever a juvenile is alleged

T.K. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-12T00:00:00-07:00

Citation: 125 So. 3d 970, 2013 WL 2493764, 2013 Fla. App. LEXIS 9287

Snippet: detention prior to an adjudicatory *971hearing. See § 985.26(2), Fla. Stat. (2012) (permitting a court to continue

C.L.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-07T00:00:00-07:00

Citation: 114 So. 3d 1020, 2012 WL 5476101, 2012 Fla. App. LEXIS 15072

Snippet: beyond the 21-day period authorized by section 985.26(2), Florida Statutes (2012); his adjudicatory hearing

T.L.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-29T00:00:00-07:00

Citation: 93 So. 3d 396, 2012 WL 2470130, 2012 Fla. App. LEXIS 10587

Snippet: status for the maximum time permitted by law. See § 985.26, Fla. Stat. (2010). Neither DJJ nor the State filed