The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

View Entire Chapter

F.S. 985.24

985.24 Use of detention; prohibitions.—

(1) All determinations and court orders regarding the use of detention care shall be based primarily upon findings that the child:

(a) Presents a substantial risk of not appearing at a subsequent hearing;

(b) Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior, including the illegal possession or use of a firearm;

(d) Has committed contempt of court by:

1. Intentionally disrupting the administration of the court;

2. Intentionally disobeying a court order; or

3. Engaging in a punishable act or speech in the court’s presence which shows disrespect for the authority and dignity of the court; or

(e) Requests protection from imminent bodily harm.

(2) A child who is placed on supervised release detention care may be required to comply with any available condition established by the department or ordered by the court, including electronic monitoring, if the court finds such a condition is necessary to preserve public safety or to ensure the child’s safety or appearance in court.

(3) A child alleged to have committed a delinquent act or violation of law may not be placed into secure or supervised release detention care for any of the following reasons:

(a) To allow a parent to avoid his or her legal responsibility.

(b) To permit more convenient administrative access to the child.

(d) Due to a lack of more appropriate facilities.

(4) A child who is alleged to be dependent under chapter 39, but who is not alleged to have committed a delinquent act or violation of law, may not, under any circumstances, be placed into secure detention care.

(5) The department shall continue to identify and develop supervised release detention options and annually submit them to the Legislature for authorization and appropriation.

History.—s. 5, ch. 90-208; s. 3, ch. 93-408; ss. 29, 30, ch. 94-209; ss. 21, 22, ch. 97-238; s. 80, ch. 98-280; s. 31, ch. 2006-120; s. 14, ch. 2014-162; s. 6, ch. 2018-86; s. 1, ch. 2022-181; s. 4, ch. 2023-87.

Note.—Subsection (1) former s. 39.042(1); s. 985.213(1). Subsections (3), (4) former s. 39.043; s. 985.214. Subsection (5) former s. 39.042(4); s. 985.213(4).

F.S. 985.24 on Google Scholar

F.S. 985.24 on Casetext

Amendments to 985.24

Arrestable Offenses / Crimes under Fla. Stat. 985.24

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.24.

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. P. a v. STATE, 215 So. 3d 662 (Fla. Dist. Ct. App. 2017)

. . . See §§ 985.345(1)(b); 985.24(1)(d)2., Fla. Stat. (2017); T.N. v. . . .

B. R. a v. STATE, 145 So. 3d 196 (Fla. Dist. Ct. App. 2014)

. . . Section 985.24 provides that all detention care determinations must be based on certain findings enumerated . . . case is that the juvenile “[pjresents a substantial risk of not appearing at a subsequent hearing.” § 985.24 . . .

B. S. a v. STATE, 134 So. 3d 1126 (Fla. Dist. Ct. App. 2014)

. . . See § 985.24(2)(d), Fla. . . .

H. D. a v. SHORE,, 134 So. 3d 1062 (Fla. Dist. Ct. App. 2013)

. . . At the hearing, the State correctly noted that section 985.24(l)(d) permits the use of secure detention . . .

J. L. B. v. B. KELLY,, 93 So. 3d 1137 (Fla. Dist. Ct. App. 2012)

. . . However, there is nothing in the statute governing juvenile pretrial detention, section 985.24, Florida . . .

V. P. a v. STATE, 72 So. 3d 788 (Fla. Dist. Ct. App. 2011)

. . . See generally §§ 985.24, et seq., Fla. . . .

T. K. B. a v. DURHAM,, 63 So. 3d 60 (Fla. Dist. Ct. App. 2011)

. . . Section 985.24, Florida Statutes, provides that a child may be detained only for the specific reasons . . . circuit court is strictly prohibited from ordering detention because of a lack of a better alternative. § 985.24 . . .

J. J. a v. STATE, 31 So. 3d 295 (Fla. Dist. Ct. App. 2010)

. . . Section 985.24(2)(b), Florida Statutes (2009), prohibits detaining a child to permit administrative access . . .

E. A. R. a v. STATE, 4 So. 3d 614 (Fla. 2009)

. . . Stat. (2007) (examinations and evaluations); §§ 985.24-.275, Fla. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. B. N., 979 So. 2d 1110 (Fla. Dist. Ct. App. 2008)

. . . Section 985.24(2)(d), Florida Statutes, provides that a juvenile alleged to have committed a delinquent . . .

B. M. a v. DOBULER,, 979 So. 2d 308 (Fla. Dist. Ct. App. 2008)

. . . Section 985.24 of the Florida Statutes, entitled “Use of detention; prohibitions,” clearly and unambiguously . . . See § 985.24(1)(a)-(e), Fla. Stat. (2007). Absent a statutory exception, see § 985.255(2), Fla. . . . Soud, 639 So.2d 25, 26-27 (Fla.1994) (“[AJbsent the findings required by subsection (1) [of section 985.24 . . . Stat. (1993) with § 985.24(1), Fla. Stat. (2007); § 985.245(1), Fla. Stat. (2007). . . . .

K. E. a v. DEPARTMENT OF JUVENILE JUSTICE,, 963 So. 2d 864 (Fla. Dist. Ct. App. 2007)

. . . Section 985.24 provides that a child may be detained only for the specific reasons given in the statute . . . Section 985.24(2) prohibits the use of detention to allow a parent to avoid responsibility, to facilitate . . . And section 985.24(4) directs that the Department of Juvenile Justice shall “continue to identify alternatives . . .

A. K. a v. DOBULER,, 951 So. 2d 989 (Fla. Dist. Ct. App. 2007)

. . . Section 985.24(1)(a), Florida Statutes, does provide that a finding that a child presents “a substantial . . .