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Florida Statute 985.26 - Full Text and Legal Analysis
Florida Statute 985.26 | Lawyer Caselaw & Research
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The 2025 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 CourtListener

Amendments to 985.26


Annotations, Discussions, Cases:

Cases Citing Statute 985.26

Total Results: 30

KQS v. State

975 So. 2d 536, 2008 WL 244938

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 1727511

Cited 3 times | Published

with the stacking of periods of detention in section 985.26(2), and with a prohibition on using multiple

Hughes v. Judd

108 F. Supp. 3d 1167, 2015 U.S. Dist. LEXIS 50254, 2015 WL 1737871

District Court, M.D. Florida | Filed: Apr 16, 2015 | Docket: 64302339

Cited 2 times | Published

cause” to a maximum of sixty-three days. Fla. Stat. § 985.26(2); (XVII 25:11-26:10) A direct-file juvenile

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

a possible seventy-two-hour extension under section 985.26(5), Florida Statutes (2013). The State argued

T.K. v. State

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

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60236140

Cited 2 times | Published

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

M.A.M. v. Vurro

2 So. 3d 388, 2009 WL 32416

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1644176

Cited 2 times | Published

section or s. 985.26. Id. (emphasis added). Section 985.26(2) provides that "[a] child may not be held

E.D. v. State

966 So. 2d 994, 2007 Fla. App. LEXIS 15673

District Court of Appeal of Florida | Filed: Oct 1, 2007 | Docket: 64852727

Cited 2 times | Published

detention for more than 21 days in violation of section 985.26(2) of the Florida Statutes (2006).1 Determining

JD v. State

954 So. 2d 93, 2007 WL 1158213

District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 1651657

Cited 2 times | Published

violation. [4] This statute is now renumbered section 985.26(2), and modified slightly.

J.S. v. State

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

District Court of Appeal of Florida | Filed: Jan 12, 2016 | Docket: 60252827

Cited 1 times | Published

adjudicatory hearing for the case has been commenced. See § 985.26(2), Fla. Stat. (2015). The trial court’s authority

T.L.H. v. State

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

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310569

Cited 1 times | Published

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

S.B. v. Parkins

10 So. 3d 207, 2009 Fla. App. LEXIS 3373, 2009 WL 1010902

District Court of Appeal of Florida | Filed: Apr 16, 2009 | Docket: 1642411

Cited 1 times | Published

Id. Subject to exceptions not relevant here, section 985.26(2), Florida Statutes (2008), prohibits the

J.S., A CHILD vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 26, 2023 | Docket: 68034197

Published

a writ of habeas corpus in this Court. Section 985.26(2)(b), Florida Statutes (2023), provides:

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

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67601165

Published

detention. We disagree and deny the petition. Section 985.26(2)(b), Florida Statutes (2022), provides trial

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

District Court of Appeal of Florida | Filed: Jun 21, 2023 | Docket: 68034486

Published

the “preservation of public safety.” Section 985.26(2)(b), Florida Statutes (2022), provides:

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

District Court of Appeal of Florida | Filed: Jun 22, 2022 | Docket: 63401322

Published

competency is restored. The trial court relied on section 985.26(4)(a), Florida Statutes (2021), to extend his

Z.J. v. State

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

District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 60271340

Published

detained longer than the term authorized in section 985.26 of the Florida Statutes (2017), which reads

Z.J. v. State

District Court of Appeal of Florida | Filed: Jul 31, 2017 | Docket: 6136495

Published

detained longer than the term authorized in section 985.26 of the Florida Statutes (2017), which reads

D.P.O. v. State

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

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60262730

Published

ordered to have no contact with the victim. Section 985.26(3), Florida Statutes (2016), provides that

D.P.O. v. State

District Court of Appeal of Florida | Filed: Feb 20, 2017 | Docket: 4613145

Published

to have no contact with the victim. Section 985.26(3), Florida Statutes (2016), provides that

M.D.E. v. State

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

District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 63630790

Published

to release pursuant to section 985.26(2), Florida Statutes (2016). Section 985.26(2) provides: A child

M.D.E. v. State

District Court of Appeal of Florida | Filed: Dec 5, 2016 | Docket: 4553780

Published

release pursuant to section 985.26(2), Florida Statutes (2016). Section 985.26(2) provides:

B.R. v. State

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

Published

possible seventy- two-hour extension under section 985.26(5), Florida Statutes (2013). The State argued

C.J.T. v. State

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

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241261

Published

evade review,” we write briefly to address why section 985.26(3), Florida Statutes (2012), is not a sentencing

Z.W. v. State

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

District Court of Appeal of Florida | Filed: Mar 18, 2014 | Docket: 60250665

Published

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

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

twenty-one days pending the adjudicatory hearing. See § 985.26(2), Fla. Stat. (2012). A few days into the period

C.L.B. v. State

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

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60231698

Published

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

R.N. v. State

30 So. 3d 725, 2010 Fla. App. LEXIS 4506

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 60289466

Published

conduct the hearing required by Florida Statute section 985.26(4) to determine if there exists the “need for

RN v. State

30 So. 3d 725, 2010 WL 1329914

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1121193

Published

conduct the hearing required by Florida Statute section 985.26(4) to determine if there exists the "need for

K.Q.S. v. State

975 So. 2d 536, 2008 Fla. App. LEXIS 985

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 64853954

Published

with the stacking of periods of detention in section 985.26(2), and with a prohibition on using multiple

ED v. State

966 So. 2d 994, 2007 WL 2890133

District Court of Appeal of Florida | Filed: Oct 1, 2007 | Docket: 1678923

Published

detention for more than 21 days in violation of section 985.26(2) of the Florida Statutes (2006).[1] Determining

J.D. v. State

954 So. 2d 93, 2007 Fla. App. LEXIS 5795

District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 64850170

Published

violation. . This statute is now renumbered section 985.26(2), and modified slightly.