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Florida Statute 985.27 | Lawyer Caselaw & Research

F.S. 985.27 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.27

985.27 Postdisposition detention while awaiting residential commitment placement.—The court must place all children who are adjudicated and awaiting placement in a nonsecure, high-risk, or maximum-risk residential commitment program in secure detention care until the placement or commitment is accomplished.

History.—s. 5, ch. 90-208; s. 31, ch. 94-209; s. 42, ch. 95-267; s. 5, ch. 96-398; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 9, ch. 2000-134; s. 5, ch. 2000-327; s. 19, ch. 2001-125; s. 4, ch. 2005-263; s. 37, ch. 2006-120; s. 20, ch. 2014-162; s. 6, ch. 2017-164.

Note.—Former s. 39.044(10)(a)-(d); s. 985.215(10)(a)-(d), (f).

F.S. 985.27 on Google Scholar

F.S. 985.27 on Casetext

Amendments to 985.27

Arrestable Offenses / Crimes under Fla. Stat. 985.27

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.27.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Q.B. v. State
225 So. 3d 954 (Fla. Dist. Ct. App. 2017)
We grant Petitioner's petition for writ of habeas corpus and order Petitioner's immediate release from secure detention. Petitioner admitted to violations of probation in six separate cases and was sentenced to a non-secure residential commitment program for all of the violations. The trial court set a hearing date to determine the status of Petitioner's placement in that program and ordered that Petitioner be detained until that hearing. At that hearing, the probation officer requested that Petitioner be further detained until a later date. The trial court set another hearing date for September 8, 2017, to determine Petitioner's status again. The record indicates that as of August 15, 2017, Petitioner has been held beyond the fifteen-day limit provided in section 985.27(1)(a), Florida Statutes (2017). Accordingly, we order Petitioner's immediate release from secure detention.
N.L. v. State
205 So. 3d 880 (Fla. Dist. Ct. App. 2016)
We grant N.L.'s petition for an emergency writ of habeas corpus and order her immediate release from secure detention. N.L. was committed to a non-secure residential program in one case on November 3, 2016, and in several other cases on November 14, 2016. She remains there despite the requirement that a child "must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays." § 985.27(1)(a), Fla. Stat. (2016). The Department of Children and Families may seek an order authorizing extended secure detention, up to 15 days after entry of the commitment order. Id. However, even if such an extension had been ordered, that time limit has expired as to the November 3 and November 14, 2016 orders of commitment.
PAGE 881
M.M. v. Wood
152 So. 3d 1280 (Fla. Dist. Ct. App. 2015) Cited 3 times
In relevant part, section 985.27(1)(a), Florida Statutes (2014), provides as follows:
PAGE 1281
G.M. v. Fla. Dep't of Juvenile Justice
144 So. 3d 687 (Fla. Dist. Ct. App. 2014)
2 more...
The petition for writ of habeas corpus argued that petitioner had been detained longer than the 15–day maximum post-commitment detention allowed under section 985.27( 1)(a), Florida Statutes (2014). In response, the state argued that while normally a juvenile would be entitled to release from secure detention when DJJ failed to place him within the 15–day period, in this case petitioner had caused the delay by refusing to cooperate with commitment staff and that the trial court was correct in not rewarding this behavior. The state asserted that a party may not benefit from his or her refusal to cooperate, self-created error or purposeful delay. The state did not cite to any exception to the 15–day time limit provided in section 985.27( 1)(a). Instead, the state cited to cases concerning the rights of adult criminal defendants under Florida law or the Florida Rules of Criminal Procedure. See Gonzalez v. State, 136 So.3d 1125, 1147 (Fla.2014) (“Under the invited error doctrine, a party may not make or invite error at trial and then take advantage of the error on appeal.”); Goodrich v. State, 834 So.2d 893, 894–895 (Fla. 3d DCA 2002) (“It is obvious that Goodrich…
A.M. v. State
147 So. 3d 98 (Fla. Dist. Ct. App. 2014) Cited 3 times
Effective January 1, 2007 section 985.215(10)(c) was renumbered to section 985.27, Florida Statutes.
PAGE 102
C.J.T. v. State
139 So. 3d 983 (Fla. Dist. Ct. App. 2014)
For instance, section 985.27(1)(b) provides that the department may seek an order from the court authorizing continued detention of a child awaiting placement in a moderate-risk residential program; “[h]owever, such continued detention in secure detention care may not exceed 15 days after entry of the commitment order” with certain exceptions not applicable to the instant case. Juveniles awaiting placement in a high or maximum risk facility, however, must be detained. § 985.27(1)(c)-(d), Fla. Stat. (2012).
PAGE 984
A.P. v. Housel
126 So. 3d 1182 (Fla. Dist. Ct. App. 2012)
The juvenile was on probation for burglary of a dwelling and resisting an officer without violence. The juvenile admitted violating probation by failing to attend a treatment program. The court adjudicated the juvenile delinquent and committed the juvenile to a moderate risk residential program. The court ordered secure detention pending placement. See§ 985.27, Fla. Stat. (2012). The child initially scored eleven points on the risk assessment instrument (RAI), which is insufficient to qualify for secure detention. After the disposition, however, the State changed the RAI, scoring eight points under Section IIID.1 for “committed” legal status. Defense counsel objected to the scoring of these points. The court ruled that the points were properly scored because the juvenile was now committed.
V.P. v. State
72 So. 3d 788 (Fla. Dist. Ct. App. 2011) Cited 1 times
Section 985.27(1)(b), Florida Statutes (2011), provides:
PAGE 789
J.T.F. v. Housel
37 So. 3d 279 (Fla. Dist. Ct. App. 2010) Cited 2 times
Because of the renumbering of the Juvenile statutes, section 985.215(10)(a) is now section 985.27(1)(b), Florida Statutes.
PAGE 281
S.W. v. State
987 So. 2d 173 (Fla. Dist. Ct. App. 2008)
Children who are awaiting placement in a commitment program are required to be placed in some kind of detention care. § 985.27(1). "If the child is committed to a high-risk residential program, the child must be held in detention care until placement or commitment is accomplished." § 985.27(1)(c).
Cases from cite.case.law:
Q. B. a v. STATE, 225 So. 3d 954 (Fla. Dist. Ct. App. 2017)

. . . that as of August 15, 2017, Petitioner has been held beyond the fifteen-day limit provided in section 985.27 . . .
N. L. A v. STATE, 205 So. 3d 880 (Fla. Dist. Ct. App. 2016)

. . . .” § 985.27(l)(a), Fla. Stat. (2016). . . .
M. M. a v. WOOD,, 152 So. 3d 1280 (Fla. Dist. Ct. App. 2015)

. . . She argues that pursuant to section 985.27(l)(a), Florida Statutes (2014), a child such as her who is . . . In relevant part, section 985.27(l)(a), Florida Statutes (2014), provides as follows: A child who is . . .
G. M. a v. FLORIDA DEPARTMENT OF JUVENILE JUSTICE, 144 So. 3d 687 (Fla. Dist. Ct. App. 2014)

. . . petitioner had been detained longer than the 15-day maximum post-commitment detention allowed under section 985.27 . . . The state did not cite to any exception to the 15-day time limit provided in section 985.27(l)(a). . . . Section 985.27(l)(a) provides: A child who is awaiting placement in a nonsecure residential program must . . .
A. M. a v. STATE, 147 So. 3d 98 (Fla. Dist. Ct. App. 2014)

. . . Effective January 1, 2007 section 985.215(10)(c) was renumbered to section 985.27, Florida Statutes. . . .
C. J. T. a v. STATE, 139 So. 3d 983 (Fla. Dist. Ct. App. 2014)

. . . When read in conjunction with section 985.27(1)(b) (“Postcommitment detention while awaiting placement . . . For instance, section 985.27(1)(b) provides that the department may seek an order from the court authorizing . . . Juveniles awaiting placement in a high or maximum risk facility, however, must be detained. § 985.27( . . .
A. P. a v. HOUSEL, St., 126 So. 3d 1182 (Fla. Dist. Ct. App. 2012)

. . . See § 985.27, Fla. Stat. (2012). . . .
V. P. a v. STATE, 72 So. 3d 788 (Fla. Dist. Ct. App. 2011)

. . . Section 985.27(l)(b), Florida Statutes (2011), provides: (b) A child who is awaiting placement in a moderate-risk . . . For any subsequent violation, the court may impose an additional 5 days in secure detention care. § 985.27 . . . First, section 985.27(1) provides: “The court must place all children who are adjudicated and awaiting . . . Only by reading section 985.27 in its entirety and in the context of the chapter can the statute be given . . . The Present Statute The present version of the statute is now found in section 985.27, Florida Statutes . . .
J. T. F. a v. HOUSEL, St., 37 So. 3d 279 (Fla. Dist. Ct. App. 2010)

. . . He claims the court impermissibly stacked his detention in violation of section 985.27(l)(b), Florida . . . Section 985.27(l)(b), Fla. Stat. (emphasis added). . . . Because of the renumbering of the Juvenile statutes, section 985.215(10)(a) is now section 985.27(l)( . . .
S. W. a v. STATE DEPARTMENT OF JUVENILE JUSTICE,, 987 So. 2d 173 (Fla. Dist. Ct. App. 2008)

. . . . § 985.27(1). . . . .” § 985.27(l)(c). . . .
MORGAN v. SPEAKEASY, LLC, d b a, 625 F. Supp. 2d 632 (N.D. Ill. 2007)

. . . $312 in wages, which South withheld for payroll taxes; and $97 worth of meal comps, i;or a total of $985.27 . . .
K. P. a v. STATE, 952 So. 2d 1229 (Fla. Dist. Ct. App. 2007)

. . . Additionally, section 985.27(l)(b), Florida Statutes (2007), which pertains specifically to po-stcommitment . . . commitment facility to be held in secure detention for more than the 5 days contemplated by section 985.27 . . .
FIRST NATIONAL BANK OF AKRON, v. F. CANN v. S. CASSIDY, 503 F. Supp. 419 (N.D. Ohio 1980)

. . . Materials and Equipment Lucco Crane 15,817.21 58 Overhead 985.27 Labor 18,128.58 38,819.31 3.881.93 $42,701.24 . . .
J. v., 12 T.C. 280 (T.C. 1949)

. . . He was entitled to receive, and was paid from January 1, 1935, until his death, $18,-985.27 annually, . . .