Personal Injury Lawyer
Florida Statute 985.534 | Lawyer Caselaw & Research
F.S. 985.534 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 985.534

The 2023 Florida Statutes (including Special Session C)

Chapter 985
View Entire Chapter
F.S. 985.534
985.534 Appeal.
(1) An appeal from an order of the court affecting a party to a case involving a child under this chapter may be taken to the appropriate district court of appeal within the time and in the manner prescribed by s. 924.051 and the Florida Rules of Appellate Procedure by:
(a) Any child, and any parent or legal guardian or custodian of any child.
(b) The state, which may appeal from:
1. An order dismissing a petition or any section thereof;
2. An order granting a new adjudicatory hearing;
3. An order arresting judgment;
4. A ruling on a question of law when the child is adjudicated delinquent and appeals from the judgment;
5. The disposition, on the ground that it is illegal;
6. A judgment discharging a child on habeas corpus;
7. An order adjudicating a child insane under the Florida Rules of Juvenile Procedure; and
8. All other preadjudicatory hearings, except that the state may not take more than one appeal under this subsection in any case.

In the case of an appeal by the state, the notice of appeal shall be filed by the appropriate state attorney or his or her authorized assistant under s. 27.18. Such an appeal shall embody all assignments of error in each preadjudicatory hearing order that the state seeks to have reviewed. The state shall pay all costs of the appeal except for the child’s attorney’s fee.

(2) The Department of Legal Affairs shall represent the state upon appeal and shall be notified of the appeal by the clerk when the notice of appeal is filed in the circuit court.
(3) The taking of an appeal shall not operate as a supersedeas in any case unless pursuant to an order of the court.
(4) The case on appeal shall be docketed, and any papers filed in the appellate court shall be entitled, with the initials but not the name of the child and the court case number, and the papers shall remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and shall not be open to public inspection. The decision of the appellate court shall be likewise entitled and shall refer to the child only by initials and court case number.
(5) The original order of the appellate court, with all papers filed in the case on appeal, shall remain in the office of the clerk of the court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.
History.s. 5, ch. 90-208; s. 225, ch. 95-147; s. 42, ch. 97-238; s. 31, ch. 99-284; s. 67, ch. 2006-120.
Note.Former s. 39.069; s. 985.234.

F.S. 985.534 on Google Scholar

F.S. 985.534 on Casetext

Amendments to 985.534

Arrestable Offenses / Crimes under Fla. Stat. 985.534
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.534.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. State v. K.S.

    177 So. 3d 294 (Fla. Dist. Ct. App. 2015)
    The order at issue here qualifies as one from a “preadjudicatory hearing[ ],” section 985.534(1)(b)8., Florida Statutes (2007), but it is nonfinal. See § 985.19(5)(a), Fla. Stat. (2014) (requiring trial court to retain jurisdiction for two years after date of order of incompetency, with reviews at least every six months). Appellate court jurisdiction to hear the State's appeal from a nonfinal order requires a court rule. See State v. M.K., 786 So.2d 24, 26 (Fla. 1st DCA 2001) (citing Blore v. Fierro, 636 So.2d 1329 (Fla.1994)). Under Florida Rule of Appellate Procedure 9.145, in juvenile delinquency proceedings, the State “may appeal an order ... finding a child incompetent pursuant to the Florida Rules of Juvenile Procedure.” Fla. R.App. P. 9.145(c)(1)(I). The question, then, is whether the lower court's decision not to order secure placement for K.S. is an appealable issue for the State within “an order ... finding a child incompetent.”
    PAGE 295
  2. Thus, as to Plaintiff's claims for false arrest, the Court concludes that the unavailability of federal habeas review does not preclude application of the Heck doctrine. First, as discussed above, Plaintiff's claims for false arrest would necessarily imply the invalidity of the order of adjudication issued by the state court. See Vickers, 137 Fed. App'x at 289-90; Christy, 288 Fed. App'x at 665-66. And, second, federal habeas relief was not the only means by which M.E. could challenge her juvenile adjudication and disposition and thus receive a favorable termination. See Domotor, 630 F. Supp. 2d at 1380. M.E. could have appealed the order of adjudication or sought habeas relief through state avenues. See § 985.534, Fla. Stat. (allowing a juvenile to appeal a final order of the court under the Juvenile Justice Act, §§ 985.01-807, Fla. Stat.); see also T.P.H. v. State, 739 So. 2d 1180, 1181 (Fla. 4th DCA 1999) (stating that a juvenile has a "constitutional right to appeal his [or her] adjudication of delinquency, disposition, and order of restitution"); J.E.P. v. State, 130 So. 3d 764, 765 (Fla. 2d DCA 2014) (stating that a petition for habeas corpus is the appropriate…
  3. D.M. v. State

    84 So. 3d 1242 (Fla. Dist. Ct. App. 2012)   Cited 3 times
    We cannot review the disposition orders for two reasons. First, the appeal is untimely. A child may appeal an order of adjudication of delinquency or any disposition order entered upon adjudication. §§ 985.534(1), 924.051, Fla. Stat. (2009) ; Fla. R.App. P. 9.145(b)(1). But the notice of appeal must be filed within 30 days of the rendition of the order. Fla. R.App. P. 9.110(b). Under rule 9.020(h)(1), rendition is tolled if a party timely files one of several specified, "authorized" motions. Among these is a motion "to withdraw a plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(l )". D.M.'s motions to withdraw his pleas were not filed pursuant to rule 3.170(l ) because that rule applies to criminal cases, not to delinquency proceedings.
    PAGE 1243
  4. State v. A.C

    44 So. 3d 1240 (Fla. Dist. Ct. App. 2010)   Cited 4 times
    Admittedly, section 985.534(1)(b)5. appears to authorize state appeals from disposition orders, not from orders modifying a disposition. However, in State v. Allen, 553 So.2d 176 (Fla. 4th DCA 1989), the Fourth District treated an immediate modification of an adult criminal sentence as an appealable order under the analogous criminal statute. There, the trial court imposed a guideline sentence but immediately mitigated it below the guidelines without stating reasons for departure. Responding to the state's objection to such a tactic, the trial court stated, "I didn't go under, I sentenced him on the guidelines. I mitigated it." Id. The defendant moved to dismiss the state's appeal arguing that the mitigation order was not appealable. The appellate court disagreed, finding that the order under review was appealable under section 924.07(1)(e), Florida Statutes (1987), which authorizes the state to appeal "[t]he sentence, on the ground that it is illegal". That section is analogous to section 985.534(1)(b)5.
    PAGE 1244
  5. State v. S.S

    40 So. 3d 6 (Fla. Dist. Ct. App. 2010)   Cited 2 times
    § 985.534(1)(b), Fla. Stat. (2009).
    PAGE 8

    Cases from cite.case.law:

    STATE v. K. S., 177 So. 3d 294 (Fla. Dist. Ct. App. 2015)

    . . . ],” section 985.534(l)(b)8., Florida Statutes (2007), but it is nonfinal. See § 985.19(5)(a), Fla. . . .

    D. M. v. STATE, 84 So. 3d 1242 (Fla. Dist. Ct. App. 2012)

    . . . . §§ 985.534(1), 924.051, Fla. Stat. (2009); Fla. R.App. P. 9.145(b)(1). . . .

    STATE v. A. C. a, 44 So. 3d 1240 (Fla. Dist. Ct. App. 2010)

    . . . , and find that we have jurisdiction under two separate statutes: section 985.433(7)(b) and section 985.534 . . . In addition, jurisdiction is established under section 985.534(l)(b)5., which gives the State authority . . . Admittedly, section 985.534(l)(b)5. appears to authorize state appeals from disposition orders, not from . . . That section is analogous to section 985.534(l)(b)5. . . . As such, they are appealable under section 985.534(1)(b)5. . . .

    STATE v. S. S. A, 40 So. 3d 6 (Fla. Dist. Ct. App. 2010)

    . . . Section 985.534(l)(b), Florida Statutes (2009), provides a list of orders from which the State may appeal . . . hearings, except that the state may not take more than one appeal under this subsection in any case. § 985.534 . . . The state should be able to appeal the order pursuant to section 985.534(l)(b)(2), Florida Statutes ( . . .