Florida Statute 985.557 - Full Text and Legal Analysis

The 2025 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) CHARGES THAT MAY BE INCLUDED.—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 CourtListener

Amendments to 985.557

Annotations, Discussions, Cases:

Cases Citing Statute 985.557

Total Results: 12

Hernandez v. State

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

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60232779

Cited 4 times | Published

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

Guzman v. State

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

District Court of Appeal of Florida | Filed: Jul 27, 2011 | Docket: 60302242

Cited 3 times | Published

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

WESLEY BROWN v. STATE OF FLORIDA

263 So. 3d 48

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395130

Cited 1 times | Published

be direct-filed in adult court, pursuant to section 985.557(1)(a), Florida Statutes (2016). The motion

Kirkland v. State

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

District Court of Appeal of Florida | Filed: Aug 4, 2011 | Docket: 60301938

Cited 1 times | Published

proceed in felony criminal court, pursuant to section 985.557, Florida Statutes, without a jury determination

State v. CW

62 So. 3d 1261, 2011 WL 2496476

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 1672341

Cited 1 times | Published

that the appellee was seventeen years old. Section 985.557(b), Florida Statutes (2010), provides that

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

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60496854

Published

criminal court. He maintains that pursuant to section 985.557(2), Florida Statutes (2020), once the State

CARLTON DEVONTA JONES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 4, 2019 | Docket: 16544010

Published

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

JASMINE CLARISE LITTLE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071946

Published

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

JOSHUA SARGEANT v. STATE OF FLORIDA

242 So. 3d 439

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354246

Published

judicial circuit. He contends that, under section 985.557(3)(b), Florida Statutes (2017), transfer to

McKenzie v. State

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

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 60245476

Published

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

State v. C.W.

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

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 60300789

Published

that the appellee was seventeen years old. Section 985.557(b), Florida Statutes (2010), provides that

State v. Allen

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

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 60305484

Published

information pursuant to section 985.557(2)(d)(l)(a), Florida Statutes (2008). Section 985.557(2)(d)(l)(a) requires