Florida Statutes
Fla. Stat. § 985.557 (2025)
Direct filing of an information; discretionary criteria.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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
(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.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 2009–2023 · leading case: Miller v. Alabama, 132 S. Ct. 2455 (2012).
Miller v. Alabama, 132 S. Ct. 2455 (2012). “16 Fla. Stat. Ann. §985.557 (1) (West Supp. 2012); Mich.”
Wesley Brown v. State of Florida, 263 So. 3d 48 (Fla. 4th DCA 2018). “While reiterating her position on the matter, defense counsel countered that nothing in section 985.557 indicated that lesser- included offenses were part of the statutory provision allowing for direct- file.”
Kirkland v. State, 67 So. 3d 1147 (Fla. 1st DCA 2011). “” § 985.557, Fla. Stat. (Emphasis supplied).”
Hernandez v. State, 117 So. 3d 778 (Fla. 3d DCA 2013). “Sufficient evidence, therefore, supports Hernandez’s conviction of attempted first-degree murder.”
Guzman v. State, 68 So. 3d 295 (Fla. 4th DCA 2011). “The State direct filed against the defendant, pursuant to section 985.557, Florida Statutes (2007).”
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
Joshua Sargeant v. State of Florida, 242 So. 3d 439 (Fla. 4th DCA 2018). “Once again, the statute is not circuit-specific; transfer to “adult court” is required of “all felony cases,” wherever their geographic location may be.”
Timothy Lee Sims, Jr. v. Ricky Wells, Sheriff of Manatee Cnty. (Fla. 2d DCA 2021). “He maintains that pursuant to section 985.557(2), Florida Statutes (2020), once the State direct filed three of his cases in criminal court, it was required to file the juvenile allegations in his fourth case as felony charges in criminal court.”
State v. CW, 62 So. 3d 1261 (Fla. 3d DCA 2011). “[1] Section 985.557(6) affords the prosecutor the discretion to direct-file an information against this appellee.”
State v. C.W., 62 So. 3d 1261 (Fla. 3d DCA 2011). “1 Section 985.557(6) affords the prosecutor the discretion to direct-file an information against this appellee.”
Jasmine Clarise Little v. State of Florida (Fla. 4th DCA 2019). “The State direct- filed the case in adult court pursuant to section 985.557(1)(a), Florida Statutes (2016).”
Carlton Devonta Jones v. State of Florida (Fla. 4th DCA 2019). “At the time he was seventeen, but the state attorney exercised its discretion under section 985.557(1)(b), Florida Statutes (2018), and filed charges against appellant as an adult.”
— 985.557(1) — 1 case
Hernandez v. State, 117 So. 3d 778 (Fla. 3d DCA 2013). “Sufficient evidence, therefore, supports Hernandez’s conviction of attempted first-degree murder.”
— 985.557(1)(a) — 3 cases
Wesley Brown v. State of Florida, 263 So. 3d 48 (Fla. 4th DCA 2018). “While reiterating her position on the matter, defense counsel countered that nothing in section 985.557 indicated that lesser- included offenses were part of the statutory provision allowing for direct- file.”
Kirkland v. State, 67 So. 3d 1147 (Fla. 1st DCA 2011). “” § 985.557, Fla. Stat. (Emphasis supplied).”
Jasmine Clarise Little v. State of Florida (Fla. 4th DCA 2019). “The State direct- filed the case in adult court pursuant to section 985.557(1)(a), Florida Statutes (2016).”
— 985.557(1)(a)(15) — 1 case
Wesley Brown v. State of Florida, 263 So. 3d 48 (Fla. 4th DCA 2018). “While reiterating her position on the matter, defense counsel countered that nothing in section 985.557 indicated that lesser- included offenses were part of the statutory provision allowing for direct- file.”
— 985.557(1)(a)(2) — 1 case
Wesley Brown v. State of Florida, 263 So. 3d 48 (Fla. 4th DCA 2018). “While reiterating her position on the matter, defense counsel countered that nothing in section 985.557 indicated that lesser- included offenses were part of the statutory provision allowing for direct- file.”
— 985.557(1)(a)(3) — 1 case
Wesley Brown v. State of Florida, 263 So. 3d 48 (Fla. 4th DCA 2018). “While reiterating her position on the matter, defense counsel countered that nothing in section 985.557 indicated that lesser- included offenses were part of the statutory provision allowing for direct- file.”
— 985.557(1)(a)(6) — 1 case
Wesley Brown v. State of Florida, 263 So. 3d 48 (Fla. 4th DCA 2018). “While reiterating her position on the matter, defense counsel countered that nothing in section 985.557 indicated that lesser- included offenses were part of the statutory provision allowing for direct- file.”
— 985.557(1)(b) — 1 case
Carlton Devonta Jones v. State of Florida (Fla. 4th DCA 2019). “At the time he was seventeen, but the state attorney exercised its discretion under section 985.557(1)(b), Florida Statutes (2018), and filed charges against appellant as an adult.”
— 985.557(2) — 1 case
Timothy Lee Sims, Jr. v. Ricky Wells, Sheriff of Manatee Cnty. (Fla. 2d DCA 2021). “He maintains that pursuant to section 985.557(2), Florida Statutes (2020), once the State direct filed three of his cases in criminal court, it was required to file the juvenile allegations in his fourth case as felony charges in criminal court.”
— 985.557(2)(a) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(b) — 1 case
Timothy Lee Sims, Jr. v. Ricky Wells, Sheriff of Manatee Cnty. (Fla. 2d DCA 2021). “He maintains that pursuant to section 985.557(2), Florida Statutes (2020), once the State direct filed three of his cases in criminal court, it was required to file the juvenile allegations in his fourth case as felony charges in criminal court.”
— 985.557(2)(d) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(d)(1) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(d)(2) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(d)(2)(a) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(d)(3) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(d)(l) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(d)(l)(a) — 1 case
State v. Allen, 8 So. 3d 456 (Fla. 2d DCA 2009). “§ 985.557(2)(a) (emphasis added). Under that section, it is clear that the prior adjudication must occur before the information is filed.”
— 985.557(2)(d)(l)(c) — 1 case
McKenzie v. State, 154 So. 3d 366 (Fla. 2d DCA 2014).
— 985.557(3) — 1 case
Joshua Sargeant v. State of Florida, 242 So. 3d 439 (Fla. 4th DCA 2018). “Once again, the statute is not circuit-specific; transfer to “adult court” is required of “all felony cases,” wherever their geographic location may be.”
— 985.557(3)(a) — 1 case
Joshua Sargeant v. State of Florida, 242 So. 3d 439 (Fla. 4th DCA 2018). “Once again, the statute is not circuit-specific; transfer to “adult court” is required of “all felony cases,” wherever their geographic location may be.”
— 985.557(3)(b) — 1 case
Joshua Sargeant v. State of Florida, 242 So. 3d 439 (Fla. 4th DCA 2018). “Once again, the statute is not circuit-specific; transfer to “adult court” is required of “all felony cases,” wherever their geographic location may be.”
— 985.557(6) — 2 cases
State v. CW, 62 So. 3d 1261 (Fla. 3d DCA 2011). “[1] Section 985.557(6) affords the prosecutor the discretion to direct-file an information against this appellee.”
State v. C.W., 62 So. 3d 1261 (Fla. 3d DCA 2011). “1 Section 985.557(6) affords the prosecutor the discretion to direct-file an information against this appellee.”
— 985.557(b) — 2 cases
State v. CW, 62 So. 3d 1261 (Fla. 3d DCA 2011). “[1] Section 985.557(6) affords the prosecutor the discretion to direct-file an information against this appellee.”
State v. C.W., 62 So. 3d 1261 (Fla. 3d DCA 2011). “1 Section 985.557(6) affords the prosecutor the discretion to direct-file an information against this appellee.”
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