Florida Statute 985.557 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.557

985.557 Direct filing of an information; discretionary criteria.—

(1) DISCRETIONARY DIRECT FILE.—

(a) With respect to any child who was 14 or 15 years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed and when the offense charged is for the commission of, attempt to commit, or conspiracy to commit:

1. Arson;

2. Sexual battery;

3. Robbery;

4. Kidnapping;

5. Aggravated child abuse;

6. Aggravated assault;

7. Aggravated stalking;

8. Murder;

9. Manslaughter;

10. Unlawful throwing, placing, or discharging of a destructive device or bomb;

11. Armed burglary in violation of s. 810.02(2)(b) or specified burglary of a dwelling or structure in violation of s. 810.02(2)(c), or burglary with an assault or battery in violation of s. 810.02(2)(a);

12. Aggravated battery;

13. Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age;

14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony;

15. Grand theft in violation of s. 812.014(2)(a);

16. Possessing or discharging any weapon or firearm on school property in violation of s. 790.115;

17. Home invasion robbery;

18. Carjacking; or

19. Grand theft of a motor vehicle in violation of s. 812.014(2)(c)6. or grand theft of a motor vehicle valued at $20,000 or more in violation of s. 812.014(2)(b) if the child has a previous adjudication for grand theft of a motor vehicle in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).

(b) With respect to any child who was 16 or 17 years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed. However, the state attorney may not file an information on a child charged with a misdemeanor, unless the child has had at least two previous adjudications or adjudications withheld for delinquent acts, one of which involved an offense classified as a felony under state law.

(2) EFFECT OF DIRECT FILE.—

(a) Once a child has been transferred for criminal prosecution pursuant to an information and has been found to have committed the presenting offense or a lesser included offense, the child shall be handled thereafter in every respect as if an adult for any subsequent violation of state law, unless the court imposes juvenile sanctions under s. 985.565.

(b) When a child is transferred for criminal prosecution as an adult, the court shall immediately transfer and certify to the adult circuit court all felony cases pertaining to the child, for prosecution of the child as an adult, which have not yet resulted in a plea of guilty or nolo contendere or in which a finding of guilt has not been made. If a child is acquitted of all charged offenses or lesser included offenses contained in the original case transferred to adult court, all felony cases that were transferred to adult court as a result of this paragraph shall be subject to the same penalties to which such cases would have been subject before being transferred to adult court.

(c) When a child has been transferred for criminal prosecution as an adult and has been found to have committed a violation of state law, the disposition of the case may be made under s. 985.565 and may include the enforcement of any restitution ordered in any juvenile proceeding.

(3) An information filed pursuant to this section may include all charges that are based on the same act, criminal episode, or transaction as the primary offenses.

History.—s. 35, ch. 97-238; s. 130, ch. 99-3; s. 15, ch. 99-201; s. 1, ch. 99-257; s. 26, ch. 99-284; s. 2, ch. 2000-119; s. 27, ch. 2000-135; s. 1, ch. 2000-136; s. 21, ch. 2001-125; s. 4, ch. 2001-185; s. 5, ch. 2006-51; s. 70, ch. 2006-120; s. 5, ch. 2011-200; s. 2, ch. 2016-7; s. 76, ch. 2019-167.

Note.—Former s. 985.227.

F.S. 985.557 on Google Scholar

F.S. 985.557 on Casetext

Amendments to 985.557

Arrestable Offenses / Crimes under Fla. Stat. 985.557

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.557.

Annotations, Discussions, Cases:

Cases Citing Statute 985.557

Total Results: 13

TIMOTHY LEE SIMS, JR. v. RICKY WELLS, SHERIFF OF MANATEE COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-29T00:53:00-07:00

Snippet: court. He maintains that pursuant to section 985.557(2), Florida Statutes (2020), once the State direct…in the three other criminal court cases. See § 985.557(2)(b) ("When a child is transferred for criminal… CHARGES AGAINST A JUVENILE UNDER SECTION 985.557(1), FLORIDA STATUTES (2020), AND BOND IS SET…'S SUBSEQUENT TRANSFER UNDER SECTION 985.557(2) OF ADDITIONAL ALLEGATIONS AGAINST THE JUVENILE

CARLTON DEVONTA JONES v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-12-03T23:53:00-08:00

Snippet: attorney exercised its discretion under section 985.557(1)(b), Florida Statutes (2018), and filed charges

JASMINE CLARISE LITTLE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-08T00:53:00-07:00

Snippet: filed the case in adult court pursuant to section 985.557(1)(a), Florida Statutes (2016). The trial court

WESLEY BROWN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-11T23:53:00-08:00

Snippet: 4 985.557(1)(a). Likewise, there are a number of offenses listed in section 985.557(1)(a) with…direct-filed in adult court, pursuant to section 985.557(1)(a), Florida Statutes (2016). The motion also…defense counsel countered that nothing in section 985.557 indicated that lesser- included offenses were part… wished to impose.”). According to section 985.557(1)(a): With respect to any child who was… included by silent incorporation into section 985.557(1)(a). For example, while vehicular homicide is

JOSHUA SARGEANT v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-04T00:53:00-07:00

Snippet: has given subsection 985.557(3) a name—“EFFECT OF DIRECT FILE.” Subsection 985.557(3)(a) implements the…judicial circuit. He contends that, under section 985.557(3)(b), Florida Statutes (2017), transfer to adult…sentenced as an adult in subsection (3)(a), subsection 985.557(3)(b) describes the treatment of a juvenile “who…before being transferred to adult court. § 985.557(3)(b), Fla. Stat. (2017) (emphasis added). Once…be. Applying the plain language of section 985.557, the transfer of the Broward case to adult court

McKenzie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-22T00:00:00-07:00

Citation: 154 So. 3d 366, 2014 Fla. App. LEXIS 17172, 2014 WL 5351393

Snippet: PER CURIAM. Affirmed. See § 985.557(2)(d)(l)(c), (2)(d)(2)(b), Fla. Stat. (2008). ALTENBERND,

Hernandez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-20T00:00:00-07:00

Citation: 117 So. 3d 778, 2013 WL 1136434, 2013 Fla. App. LEXIS 4431

Snippet: appeal, Hernandez urges us to hold that section 985.557(1), Florida Statutes (2004), violates due process

Kirkland v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-04T00:00:00-07:00

Citation: 67 So. 3d 1147, 2011 Fla. App. LEXIS 12248, 2011 WL 3331232

Snippet: in felony criminal court, pursuant to section 985.557, Florida Statutes, without a jury determination…made by the state attorney, pursuant to section 985.557, Florida Statutes. This decision is not a sentence…sentence enhancement determination. Section 985.557 authorizes the state attorney to file an information …that adult sanctions be considered or imposed.” § 985.557(1)(a), Fla. Stat. Under this statute, the state…the state attorney to direct file under section 985.557, Florida Statutes is not a fact that increases

Guzman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-27T00:00:00-07:00

Citation: 68 So. 3d 295, 2011 Fla. App. LEXIS 11752, 2011 WL 3108800

Snippet: filed against the defendant, pursuant to section 985.557, Florida Statutes (2007). . Paolo G. Annino,

State v. CW

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-15T00:53:00-07:00

Citation: 62 So. 3d 1261

Snippet: the appellee was seventeen years old. Section 985.557(b), Florida Statutes (2010), provides that, "…included a felony criminal mischief count.[1] Section 985.557(6) affords the prosecutor the discretion to direct-file…classified as a felony under state law." § 985.557(b), Fla. Stat. (2010). 3D10-2219 District

State v. C.W.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-15T00:00:00-07:00

Citation: 62 So. 3d 1261, 2011 Fla. App. LEXIS 8936

Snippet: the appellee was seventeen years old. Section 985.557(b), Florida Statutes (2010), provides that, “[w…included a felony criminal mischief count.1 Section 985.557(6) affords the prosecutor the discretion to direct-file…offense classified as a felony under state law.” § 985.557(b), Fla. Stat. (2010). No. 3D10-2219

State v. Allen

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-15T00:00:00-07:00

Citation: 8 So. 3d 456, 2009 Fla. App. LEXIS 3208, 2009 WL 996815

Snippet: pursuant to section 985.557(2)(d)(l)(a), Florida Statutes (2008). Section 985.557(2)(d)(l)(a) requires…version of section 985.557(2)(d)(l)). The ambiguity in the language of section 985.557(2)(d)(2)(a) is apparent… section 985.557(2)(d)(2)(a). Indeed, the only possible “timing” language in section 985.557(2)(d)(2) …such a sentence was not permitted under section 985.557(2)(d)(2)(a). After considering both arguments and…this sentence. The State is correct. Subsections 985.557(2)(d)(2) and (2)(d)(3) set forth the sentencing

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-03-23T00:53:00-07:00

Snippet: ; (c) Transferred to the adult system under s. 985.557, indicted under s. 985.56, or waived under s. 985.556…enforcement officer for a violation of law subject to s. 985.557(2)(b) or (d); or (e) Transferred to the adult system