Florida Statutes
Fla. Stat. § 985.465 (2025)
Maximum-risk residential facilities.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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985.465 Maximum-risk residential facilities.—A maximum-risk residential facility is a physically secure residential commitment program with a designated length of stay from 18 months to 36 months, primarily serving children 13 years of age to 19 years of age or until the jurisdiction of the court expires. Each child committed to this level must meet one of the following criteria:
(1) The child is at least 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for:
(a) Arson;
(b) Sexual battery;
(c) Robbery;
(d) Kidnapping;
(e) Aggravated child abuse;
(f) Aggravated assault;
(g) Aggravated stalking;
(h) Murder;
(i) Manslaughter;
(j) Unlawful throwing, placing, or discharging of a destructive device or bomb;
(k) Armed burglary;
(l) Aggravated battery;
(m) Carjacking;
(n) Home-invasion robbery;
(o) Burglary with an assault or battery;
(p) Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or
(q) Carrying, displaying, using, threatening to use, or attempting to use a weapon or firearm during the commission of a felony.
(2) The child is at least 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed three or more times to a delinquency commitment program.
(3) The child is at least 13 years of age and is currently committed for a felony offense and transferred from a moderate-risk or high-risk residential commitment placement.
(4) The child is at least 13 years of age at the time of the disposition for the current offense, the child is eligible for prosecution as an adult for the current offense, and the current offense is ranked at level 7 or higher on the Criminal Punishment Code offense severity ranking chart pursuant to s. 921.0022.
History.—s. 47, ch. 94-209; s. 15, ch. 95-267; s. 9, ch. 96-398; s. 10, ch. 97-194; s. 57, ch. 97-238; s. 16, ch. 99-201; s. 40, ch. 99-284; s. 55, ch. 2006-120; s. 18, ch. 2024-133.
Note.—Former s. 39.0581; s. 985.313.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2013–2025 · leading case: In re Amendments to the Florida Rules of Juv. Procedure, 115 So. 3d 286 (Fla. 2013).
In re Amendments to the Florida Rules of Juv. Procedure, 115 So. 3d 286 (Fla. 2013). “a maximum-risk commitment program, for an indeterminate period, but no longer than the child’s 21st birthday or the maximum term of imprisonment an adult may serve for each count listed above, whichever comes first, because the child meets the criteria in section 985.465 or…”
In re Amendments to the Florida Rules of Juv. Procedure, 123 So. 3d 1128 (Fla. 2013). “a maximum-risk commitment program, for an indeterminate period, but no longer than the child’s 21st birthday or the maximum term of imprisonment an adult may serve for each count listed above, whichever comes first, because the child meets the criteria in section 985.465 or…”
T.B., A Child v. State of Florida (Fla. 1st DCA 2017). “Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The state properly concedes that the trial court erred in committing appellant to a maximum-risk residential program because appellant did not meet…”
In Re: Amendments to the Florida Rules of Juv. Procedure - 2018 Regular-Cycle Report, 258 So. 3d 1254 (Fla. 2018). “a maximum-risk commitment program, for an indeterminate period, but no longer than the child's 21st birthday or the maximum term of imprisonment an adult may serve for each count listed above, whichever comes first, because the child meets the criteria in section 985.465 or…”
D.D.S. v. State, 225 So. 3d 243 (Fla. 4th DCA 2017). “See §§ 985.465, .494, Fla. Stat. (2016). In light of the State’s proper concession of error, we vacate the dispositions and remand for the circuit court to resentence the Defendant to a disposition authorized by law.”
In Re: Amendments to Florida Rules of Juv. Procedure - 2024 Legislation (Fla. 2025). “A maximum-risk commitment program, for an indeterminate period, but no longer than the child’s 21st birthday or the maximum term of imprisonment an adult may serve for each count listed above, whichever comes first, because the child - 12 - meets the criteria in section 985.465…”
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