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Florida Statute 985.565 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
F.S. 985.565
985.565 Sentencing powers; procedures; alternatives for juveniles prosecuted as adults.
(1) POWERS OF DISPOSITION.
(a) A child who is found to have committed a violation of law may, as an alternative to adult dispositions, be committed to the department for treatment in an appropriate program for children outside the adult correctional system or be placed on juvenile probation.
(b) In determining whether to impose juvenile sanctions instead of adult sanctions, the court shall consider the following criteria:
1. The seriousness of the offense to the community and whether the community would best be protected by juvenile or adult sanctions.
2. Whether the offense was committed in an aggressive, violent, premeditated, or willful manner.
3. Whether the offense was against persons or against property, with greater weight being given to offenses against persons, especially if personal injury resulted.
4. The sophistication and maturity of the offender.
5. The record and previous history of the offender, including:
a. Previous contacts with the Department of Corrections, the Department of Juvenile Justice, the former Department of Health and Rehabilitative Services, the Department of Children and Families, law enforcement agencies, and the courts.
b. Prior periods of probation.
c. Prior adjudications that the offender committed a delinquent act or violation of law as a child.
d. Prior commitments to the Department of Juvenile Justice, the former Department of Health and Rehabilitative Services, the Department of Children and Families, or other facilities or institutions.
6. The prospects for adequate protection of the public and the likelihood of deterrence and reasonable rehabilitation of the offender if assigned to services and facilities of the Department of Juvenile Justice.
7. Whether the Department of Juvenile Justice has appropriate programs, facilities, and services immediately available.
8. Whether adult sanctions would provide more appropriate punishment and deterrence to further violations of law than the imposition of juvenile sanctions.
(2) PRESENTENCE INVESTIGATION REPORT.
(a) Upon a plea of guilty, the court may refer the case to the department for investigation and recommendation as to the suitability of its programs for the child.
(b) Upon completion of the presentence investigation report, it must be made available to the child’s counsel and the state attorney by the department prior to the sentencing hearing.
(3) SENTENCING HEARING.
(a) At the sentencing hearing the court shall receive and consider a presentence investigation report by the Department of Corrections regarding the suitability of the offender for disposition as an adult or as a juvenile. The presentence investigation report must include a comments section prepared by the Department of Juvenile Justice, with its recommendations as to disposition. This report requirement may be waived by the offender.
(b) After considering the presentence investigation report, the court shall give all parties present at the hearing an opportunity to comment on the issue of sentence and any proposed rehabilitative plan. Parties to the case include the parent, guardian, or legal custodian of the offender; the offender’s counsel; the state attorney; representatives of the Department of Corrections and the Department of Juvenile Justice; the victim or victim’s representative; representatives of the school system; and the law enforcement officers involved in the case.
(c) The court may receive and consider any other relevant and material evidence, including other reports, written or oral, in its effort to determine the action to be taken with regard to the child, and may rely upon such evidence to the extent of its probative value even if the evidence would not be competent in an adjudicatory hearing.
(d) The court shall notify any victim of the offense of the hearing and shall notify, or subpoena if appropriate, the parents, guardians, or legal custodians of the child to attend the disposition hearing.
(4) SENTENCING ALTERNATIVES.
(a) Adult sanctions.
1. Cases prosecuted on indictment.If the child is found to have committed the offense punishable by death or life imprisonment, the child shall be sentenced as an adult. If the juvenile is not found to have committed the indictable offense but is found to have committed a lesser included offense or any other offense for which he or she was indicted as a part of the criminal episode, the court may sentence as follows:
a. As an adult;
b. Under chapter 958; or
c. As a juvenile under this section.
2. Other cases.If a child who has been transferred for criminal prosecution pursuant to information or waiver of juvenile court jurisdiction is found to have committed a violation of state law or a lesser included offense for which he or she was charged as a part of the criminal episode, the court may sentence as follows:
a. As an adult;
b. Under chapter 958; or
c. As a juvenile under this section.
3. Notwithstanding any other provision to the contrary, if the state attorney is required to file a motion to transfer and certify the juvenile for prosecution as an adult under s. 985.556(3) and that motion is granted, the court must impose adult sanctions.
4. Any sentence imposing adult sanctions is presumed appropriate, and the court is not required to set forth specific findings or enumerate the criteria in this subsection as any basis for its decision to impose adult sanctions.
5. 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 include the enforcement of any restitution ordered in any juvenile proceeding.
(b) Juvenile sanctions.For juveniles transferred to adult court but who do not qualify for such transfer under s. 985.556(3), the court may impose juvenile sanctions under this paragraph. If juvenile sentences are imposed, the court shall, under this paragraph, adjudge the child to have committed a delinquent act. Adjudication of delinquency may not be deemed a conviction, nor shall it operate to impose any of the civil disabilities ordinarily resulting from a conviction. The court shall impose an adult sanction or a juvenile sanction and may not sentence the child to a combination of adult and juvenile punishments. An adult sanction or a juvenile sanction may include enforcement of an order of restitution or probation previously ordered in any juvenile proceeding. However, if the court imposes a juvenile sanction and the department determines that the sanction is unsuitable for the child, the department shall return custody of the child to the sentencing court for further proceedings, including the imposition of adult sanctions. Upon adjudicating a child delinquent under subsection (1), the court may:
1. Place the child in a probation program under the supervision of the department for an indeterminate period of time until the child reaches the age of 19 years or sooner if discharged by order of the court.
2. Commit the child to the department for treatment in an appropriate program for children for an indeterminate period of time until the child is 21 or sooner if discharged by the department. The department shall notify the court of its intent to discharge no later than 14 days before discharge. Failure of the court to timely respond to the department’s notice shall be considered approval for discharge.
3. Order disposition under ss. 985.435, 985.437, 985.439, 985.441, 985.45, and 985.455 as an alternative to youthful offender or adult sentencing if the court determines not to impose youthful offender or adult sanctions.
(c) Adult sanctions upon failure of juvenile sanctions.If a child proves not to be suitable to a commitment program, juvenile probation program, or treatment program under paragraph (b), the department shall provide the sentencing court with a written report outlining the basis for its objections to the juvenile sanction and shall simultaneously provide a copy of the report to the state attorney and the defense counsel. The department shall schedule a hearing within 30 days. Upon hearing, the court may revoke the previous adjudication, impose an adjudication of guilt, and impose any sentence which it may lawfully impose, giving credit for all time spent by the child in the department. The court may also classify the child as a youthful offender under s. 958.04, if appropriate. For purposes of this paragraph, a child may be found not suitable to a commitment program, community control program, or treatment program under paragraph (b) if the child commits a new violation of law while under juvenile sanctions, if the child commits any other violation of the conditions of juvenile sanctions, or if the child’s actions are otherwise determined by the court to demonstrate a failure of juvenile sanctions.
(d) Further proceedings heard in adult court.When a child is sentenced to juvenile sanctions, further proceedings involving those sanctions shall continue to be heard in the adult court.
(e) School attendance.If the child is attending or is eligible to attend public school and the court finds that the victim or a sibling of the victim in the case is attending or may attend the same school as the child, the court placement order shall include a finding pursuant to the proceeding described in s. 985.455(2), regardless of whether adjudication is withheld.

It is the intent of the Legislature that the criteria and guidelines in this subsection are mandatory and that a determination of disposition under this subsection is subject to the right of the child to appellate review under s. 985.534.

History.s. 1, ch. 97-69; s. 41, ch. 97-238; s. 3, ch. 2000-119; s. 13, ch. 2000-134; s. 32, ch. 2000-135; s. 27, ch. 2001-125; s. 20, ch. 2005-263; s. 72, ch. 2006-120; s. 166, ch. 2007-5; s. 12, ch. 2011-70; s. 355, ch. 2014-19; ss. 80, 148, ch. 2019-167; s. 9, ch. 2021-219; s. 31, ch. 2024-133.
Note.Former s. 985.233(1)-(3), (4)(a)-(c), (e), (f).

F.S. 985.565 on Google Scholar

F.S. 985.565 on CourtListener

Amendments to 985.565


Annotations, Discussions, Cases:

Cases Citing Statute 985.565

Total Results: 16

Green v. State

975 So. 2d 1090, 2008 WL 248413

Supreme Court of Florida | Filed: Jan 31, 2008 | Docket: 1727327

Cited 57 times | Published

Further, trial judges have discretion under section 985.565(4)(a)(2), Florida Statutes (2006), to sentence

MIRUTIL v. State

30 So. 3d 588, 2010 Fla. App. LEXIS 2094, 2010 WL 624179

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1639231

Cited 10 times | Published

committed a new violation of law." However, Section 985.565(4)(c), Florida Statutes, allows a "court [to]

Mendoza-Magadan v. State

217 So. 3d 112, 2017 WL 1492989, 2017 Fla. App. LEXIS 5789

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 60265627

Cited 2 times | Published

concurring specially. Prior to the enactment of section 985.565(4)(a)4, Florida Statutes (2014), Florida law

Arrington v. State

113 So. 3d 20, 2012 WL 130276, 2012 Fla. App. LEXIS 536

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60231467

Cited 1 times | Published

have had alternative sentencing options. See § 985.565(4). Obviously, even less harsh options would have

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

propriety of juvenile sanctions, as required by section 985.565(4)(a)2., Florida Statutes. The trial court

Conaway v. State

997 So. 2d 524, 2009 WL 18677

District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 1483530

Cited 1 times | Published

investigation report before re-sentencing Conaway. See § 985.565(3)(a), Fla. Stat. (2007). In all other respects

TAVARIS JAMAL EVANS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 29, 2020 | Docket: 17391433

Published

State, 205 So. 3d 584, 590 (Fla. 2016). Section 985.565, Florida Statutes (2018), provides the sentencing

CARLTON DEVONTA JONES v. STATE OF FLORIDA

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

Published

Department of Juvenile Justice as required by section 985.565(3), Florida Statutes (2018). We affirm, because

KELVIN DORCELY v. STATE OF FLORIDA

257 So. 3d 1050

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074521

Published

propriety of the proceedings conducted below. Section 985.565, Florida Statutes (2016), addresses sentencing

Brown v. State

260 So. 3d 1101

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074516

Published

J09-5114A and J10-1212. Citing to section 985.565(4)(c) of the Florida Statutes,2 the written

KELVIN DORCELY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 7863702

Published

propriety of the proceedings conducted below. Section 985.565, Florida Statutes (2016), addresses sentencing

Charles Lee v. State of Florida

Supreme Court of Florida | Filed: Jan 25, 2018 | Docket: 6282764

Published

updated PSI. See Fla. R. of Crim. P. 3.710(a); § 985.565(3)(c), Florida Statutes (2017); see, e.g., Barber

Davis v. State

218 So. 3d 890, 2017 Fla. App. LEXIS 60

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60266278

Published

both a commitment program and probation under section 985.565(4)(b), Florida Statutes (2012), without ordering

Henderson v. State

61 So. 3d 494, 2011 Fla. App. LEXIS 7710, 2011 WL 2119560

District Court of Appeal of Florida | Filed: May 27, 2011 | Docket: 60300491

Published

He now appeals his judgment and sentence.1 Section 985.565, Florida Statutes (2008), provides sentencing

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

facility. § 985.557(2)(d) (emphasis added). Under section 985.565, the sentencing alternatives available for

Beatty v. State

983 So. 2d 701, 2008 WL 2309012

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1756470

Published

the criteria for imposing adult sanctions in section 985.565(1)(b), Florida Statutes (2006), and imposed