The 2023 Florida Statutes (including Special Session C)

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) 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 Casetext

Amendments to 985.557

Arrestable Offenses / Crimes under Fla. Stat. 985.557

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.557.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BROWN, v. STATE, 263 So. 3d 48 (Fla. App. Ct. 2018)

. . . See § 985.557(1)(a). . . . See § 985.557(1)(a)(6) and (9). . . . See § 985.557(1)(a)(2) and (13) ; Fla. Std. Jury Instr. (Crim.) 11.4. . . . See § 985.557(1)(a)(3) and (17) ; Fla. Std. Jury Instr. (Crim.) 15.3. . . . See § 985.557(1)(a)(15) and (17) ; Fla. Std. Jury Instr. (Crim.) 15.3. . . . not included in the list of criminal charges that may be direct-filed in adult court under section 985.557 . . .

SARGEANT, v. STATE, 242 So. 3d 439 (Fla. App. Ct. 2018)

. . . He contends that, under section 985.557(3)(b), Florida Statutes (2017), transfer to adult court is authorized . . . The legislature has given subsection 985.557(3) a name-"EFFECT OF DIRECT FILE." . . . Subsection 985.557(3)(a) implements the policy "once sentenced as an adult, always an adult." . . . Consistent with the treatment of a juvenile sentenced as an adult in subsection (3)(a), subsection 985.557 . . . The statute was subsequently renumbered to its present location in 985.557(3)(b), Florida Statutes (2017 . . .

McKENZIE, v. STATE, 154 So. 3d 366 (Fla. Dist. Ct. App. 2014)

. . . See § 985.557(2)(d)(l)(c), (2)(d)(2)(b), Fla. Stat. (2008). . . .

HERNANDEZ, v. STATE, 117 So. 3d 778 (Fla. Dist. Ct. App. 2013)

. . . Hernandez as an Adult In the third issue raised on appeal, Hernandez urges us to hold that section 985.557 . . .

MILLER v. ALABAMA, 567 U.S. 460 (U.S. 2012)

. . . . § 985.557(1) (West Supp. 2012); Mich. Comp. Laws Ann. § 712A.2(a)(1); Va. . . .

KIRKLAND, v. STATE, 67 So. 3d 1147 (Fla. Dist. Ct. App. 2011)

. . . prosecution to charge Appellant as an adult and proceed in felony criminal court, pursuant to section 985.557 . . . rather than the juvenile court was a pre-trial choice made by the state attorney, pursuant to section 985.557 . . . Section 985.557 authorizes the state attorney to file an information in adult court against a 14- or . . . judgment and discretion the public interest requires that adult sanctions be considered or imposed.” § 985.557 . . . Secondly, the determination by the state attorney to direct file under section 985.557, Florida Statutes . . .

GUZMAN, v. STATE, 68 So. 3d 295 (Fla. Dist. Ct. App. 2011)

. . . The State direct filed against the defendant, pursuant to section 985.557, Florida Statutes (2007). . . . .

STATE v. C. W. a, 62 So. 3d 1261 (Fla. Dist. Ct. App. 2011)

. . . Section 985.557(b), Florida Statutes (2010), provides that, “[w]ith respect to any child who was 16 or . . . Section 985.557(6) affords the prosecutor the discretion to direct-file an information against this appellee . . . withheld for delinquent acts, one of which involved an offense classified as a felony under state law.” § 985.557 . . .

GRAHAM v. FLORIDA, 560 U.S. 48 (1st Cir. 2010)

. . . . § 985.227(l)(b) (2003) (subsequently renumbered at § 985.557(l)(b) (2007)). . . . Stat. §§810.02, 921.002(l)(e), 985.557 (2007) Georgia Georgia Code Ann. §15-11-30.2 (2008); §16-6-l(b . . .

TERRANCE JAMAR GRAHAM, v. FLORIDA, 176 L. Ed. 2d 825 (U.S. 2010)

. . . . § 985.227(1)(b) (2003) (subsequently renumbered at § 985.557(1)(b) (2007)). . . . Stat. §§ 810.02, 921.002(1)(e), 985.557 (2007) Georgia Georgia Code Ann. § 15-11-30.2 (2008); § 16-6- . . .

STATE v. ALLEN,, 8 So. 3d 456 (Fla. Dist. Ct. App. 2009)

. . . sixteen-year-old Allen with armed robbery by a mandatory direct-filed information pursuant to section 985.557 . . . Section 985.557(2)(d)(l)(a) requires the State to direct-file an information in adult court when the . . . when a juvenile is charged by mandatory direct-file information under section 985.557(2)(d)(1): 2. . . . As noted above, section 985.557(2)(d)(2)(a) states, in pertinent part, 2. . . . language of section 985.557(2)(a). . . .