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Florida Statute 985.25 | Lawyer Caselaw & Research
F.S. 985.25 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 985.25

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. 985.25
985.25 Detention intake.
(1) The department shall receive custody of a child who has been taken into custody from the law enforcement agency or court and shall review the facts in the law enforcement report or probable cause affidavit and make such further inquiry as may be necessary to determine whether detention care is appropriate.
(a) During the period of time from the taking of the child into custody to the date of the detention hearing, the initial decision as to the child’s placement into detention care shall be made by the department under ss. 985.24 and 985.245(1).
(b) The department shall base the decision whether to place the child into detention care on an assessment of risk in accordance with the risk assessment instrument and procedures developed by the department under s. 985.245, except that a child shall be placed in secure detention care until the child’s detention hearing if the child meets the criteria specified in s. 985.255(1)(f), is charged with possessing or discharging a firearm on school property in violation of s. 790.115, or is charged with any other offense involving the possession or use of a firearm.
(c) If the final score on the child’s risk assessment instrument indicates detention care is appropriate, but the department otherwise determines the child should be released, the department shall contact the state attorney, who may authorize release.
(d) If the final score on the risk assessment instrument indicates detention is not appropriate, the child may be released by the department in accordance with ss. 985.115 and 985.13.

Under no circumstances shall the department or the state attorney or law enforcement officer authorize the detention of any child in a jail or other facility intended or used for the detention of adults, without an order of the court.

(2) The arresting law enforcement agency shall complete and present its investigation of an offense to the appropriate state attorney’s office within 8 days after placement of the child in secure detention. The investigation shall include, but is not limited to, police reports and supplemental police reports, witness statements, and evidence collection documents. The failure of a law enforcement agency to complete and present its investigation within 8 days shall not entitle a juvenile to be released from secure detention or to a dismissal of any charges.
History.s. 5, ch. 90-208; s. 31, ch. 94-209; s. 1343, ch. 95-147; s. 10, ch. 95-267; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 4, ch. 99-284; s. 9, ch. 2000-134; s. 33, ch. 2006-120; s. 16, ch. 2014-162; s. 2, ch. 2017-164; s. 8, ch. 2018-86; s. 6, ch. 2023-87.
Note.Subsection (1) former s. 39.044(1); s. 985.215(1). Subsection (2) former s. 985.215(5)(b).

F.S. 985.25 on Google Scholar

F.S. 985.25 on Casetext

Amendments to 985.25


Arrestable Offenses / Crimes under Fla. Stat. 985.25
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.25.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. A. a S. F. a N. A. a v. STATE, 271 So. 3d 87 (Fla. App. Ct. 2019)

. . . See §§ 985.25(1), 985.255(1), Fla. Stat. (2017). . . . See §§ 985.03(18), 985.25, 985.245, Fla. Stat. (2017). . . . This provision reads in its entirety as follows: (1) Subject to s. 985.25(1), a child taken into custody . . . In relevant part, section 985.255(1)(i) provides as follows: (1) Subject to s. 985.25(1), a child taken . . .

JOHNSON, a v. ENHANCED RECOVERY COMPANY, LLC,, 362 F. Supp. 3d 579 (N.D. Ind. 2019)

. . . Option 3: Pay the settlement of $985.25, payable in 3 monthly payments of $328.42. . . .

JOHNSON, a v. ENHANCED RECOVERY COMPANY, LLC,, 228 F. Supp. 3d 870 (N.D. Ind. 2017)

. . . Option 3: Pay the settlement of $985.25, payable in 3 monthly payments of $328.42. . . .

J. L. T. D. S. I. J. A. D. T. D. O. H. J. R. v. DEPARTMENT OF JUVENILE JUSTICE,, 104 So. 3d 1257 (Fla. Dist. Ct. App. 2013)

. . . Stat. (2011) (“Subject to s. 985.25(1), a child taken into custody and placed into nonsecure or home . . . During intake, the juvenile probation officer may not require detention unless authorized by the RAI. § 985.25 . . . See § 985.25(l)(b) (stating that the juvenile probation officer shall determine the need for detention . . .

S. M. a v. STATE DEPARTMENT OF JUVENILE JUSTICE,, 91 So. 3d 175 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2011) (“Subject to s. 985.25(1), a child taken into custody and placed into nonsecure or home . . . During intake, the juvenile probation officer may not require detention unless authorized by the RAI. § 985.25 . . .

M. A. M. v. VURRO,, 2 So. 3d 388 (Fla. Dist. Ct. App. 2009)

. . . See § 985.25(1), Fla. Stat. (2008). . . .

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

. . . . § 985.25, Fla. Stat. (2007); K.E., 963 So.2d at 866. . . .

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

. . . Florida Statutes, section 985.255(1) provides, in pertinent part, that: (1) Subject to s. 985.25(1), . . .

D. M. v. DOBULER,, 947 So. 2d 504 (Fla. Dist. Ct. App. 2006)

. . . Jan. 1, 2007, renumbering section 985.215 as sections 985.25 and 985.255. . . . This provision will appear as section 985.25(l)(a) in the 2006 Florida Statutes. . . . . These provisions will appear in section 985.25(1) and 985.255(3) respectively in the 2006 Florida Statutes . . .

In VANN,, 321 B.R. 734 (Bankr. W.D. Wash. 2005)

. . . above case by Household Credit Services/Household Receivable Acquisition (Claim No. 2 in the amount of $985.25 . . .

HIGHLANDS CARPENTRY SERVICE, INC. v. CONNONE, T. M. d b a, 873 So. 2d 611 (Fla. Dist. Ct. App. 2004)

. . . charges for the filing fee of $100.50, service of process fee of $292.92, and a court reporter fee of $985.25 . . .

THOMSON, v. UNITED STATES, 867 F. Supp. 1420 (D. Minn. 1994)

. . . The lien secured Thomson’s unpaid income taxes for 1987 and 1990 in the amount of $179,-985.25. Id. . . .