Florida/Georgia Personal Injury & Workers Compensation

...SCHWARTZ, Senior Judge. In this appeal from an adjudication of delinquency, no error has been demonstrated in the denial of a motion to suppress drug paraphernalia found on the juvenile's person after a pat down which followed a Terry stop justified under section 984.13, Florida Statutes (2007) ("when the officer has reasonable grounds to believe that the child is absent from school without authorization ......

...However, R.A.S.’s disclosure of the contents of his pocket was tainted by an illegal search and seizure that occurred earlier in his encounter with the deputy. Law enforcement may take a child into custody if the officer has reasonable grounds to believe the child is a truant. § 984.13(l)(b), Fla....

...icers can search an individual without having performed a pat-down simply because the individual is being placed in a police vehicle.”); Op. Att’y Gen. Fla. 11-08 (2011) (stating that when an officer has taken a juvenile into custody pursuant to section 984.13, the officer “may perform a limited frisk or pat-down for weapons before placing the minor in a law enforcement vehicle”)....

truant into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct

...The trial court denied the motion to suppress, and D.O. entered a plea reserving the right to appeal the denial of this dispositive motion. Thus, the issue presented is this: upon lawfully taking a juvenile truant into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct a limited pat-down search for weapons, even in the absence of reasonable suspicion to believe the juvenile is armed, before placing the juvenile in a police vehicle for the purpose of del...

...achieve several important goals. This chapter includes providing services for child runaways, children locked out of their home, children beyond the control of their parents, and habitual truants. See § 984.03(9), (25), and (27), Fla. Stat. (2011). Section 984.13 was created to authorize and obligate law enforcement officers to serve as the initial contact point for children who may be in need of these services....

...epartment, or to a department-approved family-in-need-of-services and child-in-need-of-services provider; or (b) Authorize temporary services and treatment that would allow the child alleged to be from a family in need of services to remain at home. § 984.13 Fla....

...in school. See § 1003.26-.27, Fla. Stat. (2011). See also L.C. v. State, 23 So.3d 1215 (Fla. 3d DCA 2009). But while truancy is not a criminal offense, the public relies in large part upon police officers on the street to enforce our truancy laws. Section 984.13(1)(b) authorizes a police officer to take into custody a child whom (s)he has reasonable grounds to believe is absent from school without permission....

...Mention must be made of two decisions of this Court which have, to some extent, addressed the issue at bar. In E.P. v. State, 997 So.2d 1240 (Fla. 3d DCA 2008), we upheld, without further analysis, a pat-down search of a juvenile which "followed a Terry stop justified under section 984.13, Florida Statutes ......

...[the officer] would have had the authority to perform a pat-down search of L.C." Id. at 1220. I believe that day has come, and we should plainly and explicitly hold that, upon lawfully taking a juvenile truant into custody pursuant to its duty under section 984.13, a police officer may conduct a limited pat-down search for weapons, even in the absence of reasonable suspicion to believe the juvenile is armed, before placing the juvenile in a police vehicle for the purpose of delivering the juvenile without unreasonable delay to the appropriate school system site....

...nclusions de novo. Connor v. State, 803 So.2d 598, 605 (Fla.2001); State v. E.W., 82 So.3d 150, 151 (Fla. 4th DCA 2012). The trial court made the factual finding that the officer was authorized to conduct a truancy investigation when he stopped M.J. Section 984.13, Florida Statutes (2012), allows a law enforcement officer to take a child “into custody” when “the officer has reasonable grounds to believe that the child is absent from school without authorization ... for the purpose of delivering the child without unreasonable delay to the appropriate school system site.” § 984.13(l)(b), Fla....

...It is undisputed that the entirety of Deputy Krouse’s interaction with A.J.R. occurred in the presence of his mother. There was also no evidence presented that A. J.R. was either suspended or expelled from school. At the close of the State’s case, A.J.R. moved for dismissal of the obstruction charge, arguing that under section 984.13(l)(b), Florida Statutes (2014), Deputy Krouse was not authorized to take A.J.R. into custody because he was in the presence of his mother. Section 984.13(l)(b) provides in pertinent part: (1) A child may be taken into custody: [[Image here]] (b) By a law enforcement officer when the officer has reasonable grounds to believe that the child is absent from school without authorization or i...

...(Emphasis added.) Because the officer was not authorized, A.J.R. maintained that he could not be convicted of obstructing an officer without violence under section 843.02, Florida Statutes (2014). The trial court rejected A.J.R.’s interpretation of section 984.13(l)(b) and denied the motion to dismiss, finding that A.J.R....

...the exercise *143 of that duty.” D.L.S. v. State, 192 So.3d 1273, 1274 (Fla. 2d DCA 2016). If at the time of the obstruction the officer is not engaged in the lawful execution of a legal duly, dismissal of the obstruction charge is proper. See icL Section 984.13(l)(b) governs when a law enforcement officer may take a child into custody for truancy....

...able grounds to believe that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian.” Ill The disposition of this case turns on the proper construction of section 984.13(l)(b)....

...Under the statute, an officer may take a child into custody if he has “reasonable grounds to believe that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian.” § 984.13(l)(b)....

...was suspended or expelled, we must determine whether the phrase “not in the presence of his or her parent or legal guardian” applies to situations where the officer suspects that “the child is absent from school without authorization.” In interpreting • section 984.13(l)(b), we must consider it in pari materia with other statutes governing truancy. 1 See State, v. Fuchs, 769 So.2d 1006, 1009 (Fla. 2000) (“[Statutes which relate to the. same or closely related subjects should be read in pari materia.”). Section 984.13(l)(b) is not the only statute governing truancy....

...ies for dealing with juveniles who fail to attend school. See §§ 984.151, 1003.26, Fla. Stat. (2014). We need not detail the procedural requirements of these statutes, but a review of the remedies they provide is instructive to our construction of section 984.13(l)(b)....

...If the child does not complete the court-ordered sanctions, the court must refer the case “to the case staffing committee ... with a recommendation to file a child-in-need-of-services petition under [section] 984.15.” § 984.151(8). Against this backdrop, we return to section 984.13(b). In light of this framework of remedies, we do not think the legislature intended to authorize a law enforcement officer to take a juvenile into custody under section 984.13(b) if the child is already in the presence of his or her parent or legal guardian....

...arents and attendance contracts, we do not think the legislature intended to authorize police officers to assist parents in transporting their children to school if the child is already in the presence of his or her parent or legal guardian. Rather, section 984.13(b) is like section 1003.26(3)....

...These statutes permit law enforcement officers or designated school representatives to take a child who should be in school and is not in the presence of his or her parent into custody and deliver the child to his or her parents, school, or school alternative. Compare § 984.13(b), with § 1003.26(3)....

...at 1118-19 . The Fourth District found that this argument “lack[ed] merit as a matter of law.” Id at 1119. The Fourth District reasoned that there was no evidence that the officers were trying to take the juvenile into custody as a runaway under section 984.13(l)(a), which provides that a law enforcement officer may take a child into custody if he or she has reasonable grounds to believe that a child has run away from his or her parents....

...In both cases, the parents expressed that they were unable to control their children. *146 Regardless of the mother’s difficulties with the juvenile in D.J.D., the police officer’s duty in D.J.D. ended when he reunited the juvenile with his mother, Similarly, here, the officer was not authorized under section 984.13(l)(b) to intervene in the mother’s custody despite her trouble in getting him to attend school....

...2008); see also Nobelman v. Am. Sav. Bank, 508 U.S. 324, 331 , 113 S.Ct. 2106 , 124 L.Ed.2d 228 (1993) (declining to apply the rule of the' last antecedent where the alternative construction was "the more reasonable one”). If we strictly apply the doctrine here, section 984.13(l)(b) would authorize officers to take a child who has been suspended into custody if he or she was in the presence of a parent, but not a child who had been expelled. And, as we explain in the text, a more reasonable construction of section 984.13(l)(b) emerges when we construe the statute in pari materia with other truancy statutes.

...admitted to the charge while reserving the right to appeal the denial of his motion to suppress. Because the search of A.B.S.’s person was not supported by a legal basis, we reverse. A.B.S. was taken into custody as a possible runaway in need of services pursuant to section 984.13, Florida Statutes (2009)....

...We reverse the denial of A.B.S.’s motion to suppress the contents of the container because the officer did not have a legal basis to search A.B.S.’s person before transporting him in his cruiser. See L.C. v. State, 23 So.3d 1215, 1218 (Fla. 3d DCA 2009). Circumstances that allow a juvenile to be taken into custody under section 984.13 are not crimes; therefore, the search incident to arrest exception to the warrant requirement does not apply....

.... Third, when the mother arrived on the scene to pick [the juvenile] up, she told the police that her son was a frequent runaway and she could not control him. At this point, the police were authorized under their community care-taking function to take [the juvenile] into custody and release him to her care. See § 984.13, Fla....

...(2011). The state’s third argument also lacks merit as a matter of law. Although the juvenile’s mother told the officers that he frequently runs away and she could not control him, the record contains no evidence that the officers were seeking to take the juvenile into custody as a runaway. See § 984.13(1)(a), Fla....

...J.R. appealed. 2  “The standard of review applicable to a motion to suppress requires an appellate court to defer to the trial court’s factual findings but review legal conclusions de novo.” State v. E.W., 82 So. 3d 150, 151 (Fla. 4th DCA 2012). Section 984.13(1)(a), Florida Statutes (2013), states in relevant part: (1) A child may be taken into custody: .... (b) By a law enforcement officer when the officer has reasonable grounds...

...for truancy without reasonable grounds to believe that the child was absent from school. Although the officer may have believed that J.R. was planning to miss school based on his observations of J.R.’s movements and location before school started, section 984.13 does not authorize an officer to preemptively detain a child who may be plotting to skip school later....

..., defense counsel interrupted and advised the trial court that the only issue being litigated was the legality of the stop of A.J. Consequently, A .J. waived appellate review .of this issue. As concerns the stop of A.J., we agree with the state that section 984.13(l)(b), Florida Statutes (1997), allowed Officer Hannah to detain the child and transport him to school: (1) A child may be taken into custody: [[Image here]] (b) By a law enforcement officer when the officer has reasonable grounds to believe that the child is absent from school without authorization, for the purpose of delivering the child without unreasonable delay to the school system. § 984.13(l)(b), Fla....

...ild is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site." § 984.13(1)(b), Fla....

...d is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site.” § 984.13(l)(b), Fla....

...contends Officer Rivers did not have a basis to conduct a pat-down search for officer safety because Officer Rivers did not confirm that L.C. was, in fact, truant, and therefore, Officer Rivers did not have the authority to take L.C. into “custody” as set forth in section 984.13(l)(b), Florida Statutes (2011). We disagree. Section 984.13(l)(b) permits a law enforcement officer to take a child into custody when the officer has “reasonable grounds to believe” the child is truant. Specifically, section 984.13(l)(b) provides: (1) A child may be taken into custody: [[Image here]] (b) By a law enforcement officer when the officer has reasonable grounds to believe that the child is absent from school without authorization or is suspended or exp...

...occurred in the presence of his mother. There was also no evidence presented that A.J.R. was either suspended or expelled from school. At the close of the State's case, A.J.R. moved for dismissal of the obstruction charge, arguing that under section 984.13(1)(b), Florida Statutes (2014), -2- Deputy Krouse was not authorized to take A.J.R. into custody because he was in the presence of his mother. Section 984.13(1)(b) provides in pertinent part: (1) A child may be taken into custody: .... (b) By a law enforcement officer when the officer has reasonable grounds to...

...(Emphasis added.) Because the officer was not authorized, A.J.R. maintained that he could not be convicted of obstructing an officer without violence under section 843.02, Florida Statutes (2014). The trial court rejected A.J.R.'s interpretation of section 984.13(1)(b) and denied the motion to dismiss, finding that A.J.R....

...of that duty." D.L.S. v. State, 192 So. 3d 1273, 1274 (Fla. 2d DCA 2016). If at the time of the obstruction the officer is not engaged in the lawful execution of a legal duty, dismissal of the obstruction charge is proper. See id. Section 984.13(1)(b) governs when a law enforcement officer may take a child into custody for truancy....

...without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian." III The disposition of this case turns on the proper construction of section 984.13(1)(b)....

...Under the statute, an officer may take a child into custody if he has "reasonable grounds to believe that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian." § 984.13(1)(b)....

...was suspended or expelled, we must determine whether the phrase "not in the presence of his or her parent or legal guardian" applies to situations where the officer suspects that "the child is absent from school without authorization." -4-  In interpreting section 984.13(1)(b), we must consider it in pari materia with other statutes governing truancy. 1 See State v. Fuchs, 769 So. 2d 1006, 1009 (Fla. 2000) ("[S]tatutes which relate to the same or closely related subjects should be read in pari materia."). Section 984.13(1)(b) is not the only statute governing truancy....

...for dealing with juveniles who fail to attend school. See §§ 984.151, 1003.26, Fla. Stat. (2014). We need not detail the procedural requirements of these statutes, but a review of the remedies they provide is instructive to our construction of section 984.13(1)(b). Section 1003.26 provides for the enforcement of attendance by the school....

...State, 991 So. 2d 803, 813 (Fla. 2008); see also Nobelman v. Am. Sav. Bank, 508 U.S. 324, 331 (1993) (declining to apply the rule of the last antecedent where the alternative construction was "the more reasonable one"). If we strictly apply the doctrine here, section 984.13(1)(b) would authorize officers to take a child who has been suspended into custody if he or she was in the presence of a parent, but not a child who had been expelled. And, as we explain in the text, a more reasonable construction of section 984.13(1)(b) emerges when we construe the statute in pari materia with other truancy statutes. -5- (Emphasis added.) Further, if a school determines that a child is developing a pattern of nonattendance, the case is referred to a child study team....

...If the child does not complete the court-ordered sanctions, the court must refer the case "to the case staffing committee . . . with a recommendation to file a child-in-need- of-services petition under [section] 984.15." § 984.151(8). Against this backdrop, we return to section 984.13(b). In light of this framework of remedies, we do not think the legislature intended to authorize a law enforcement officer to take a juvenile into custody under section 984.13(b) if the child is already in the presence of his or her parent or legal guardian....

...and attendance contracts, we do not think the legislature intended to authorize police officers to assist parents in transporting their children to school if the child is already in the presence of his or her parent or legal guardian. Rather, section 984.13(b) is like section 1003.26(3)....

...These statutes permit law enforcement officers or designated school representatives to take a child who should be in school and is not in the presence of his or her parent into custody and deliver the child to his or her parents, school, or school alternative. Compare § 984.13(b), with § 1003.26(3). The policy underlying the police's community caretaking function also supports our construction. Law enforcement, in a very real sense, fulfills a role as a "community ca...

...at 1118-19. The Fourth District found that this argument "lack[ed] merit as a matter of law." Id. at 1119. The Fourth District reasoned that there was no evidence that the officers were trying to take the juvenile into custody as a runaway under section 984.13(1)(a), which provides that a law enforcement officer may take a child into custody if he or she has reasonable grounds to believe that a child has run away from his or her parents....

...In both cases, the parents expressed that they were unable to control their children. Regardless of the mother's difficulties with the juvenile in D.J.D., the police officer's duty in D.J.D. ended when he reunited the juvenile with his mother. Similarly, here, the officer was not authorized under section 984.13(1)(b) to intervene in the mother's custody despite her trouble in getting him to attend school....

..., Senior Judge. In this appeal from an adjudication of delinquency, no error has been demonstrated in the denial of a motion to suppress drug paraphernalia found on the juvenile’s person after a pat down which followed a Terry stop justified under section 984.13, Florida Statutes (2007) (“when the officer has reasonable grounds to believe that the child is absent from school without authorization ......

...admitted to the charge while reserving the right to appeal the denial of his motion to suppress. Because the search of A.B.S.'s person was not supported by a legal basis, we reverse. A.B.S. was taken into custody as a possible runaway in need of services pursuant to section 984.13, Florida Statutes (2009)....

...We reverse the denial of A.B.S.'s motion to suppress the contents of the container because the officer did not have a legal basis to search A.B.S.'s person before transporting him in his cruiser. See L.C. v. State, 23 So.3d 1215, 1218 (Fla. 3d DCA 2009). Circumstances that allow a juvenile to be taken into custody under section 984.13 are not crimes; therefore, the search incident to arrest exception to the warrant requirement does not apply....

reasonable ground to *948take her into custody under section 984.13, Florida Statutes (2009), because he said he

...urrently under intense police scrutiny, K.C.’s flight was suspicious enough to warrant stopping him. The officer testified that he also stopped K.C. because he appeared to be a juvenile and should have been in school at that time of day. See, e.g. § 984.13(l)(b), Fla....

involuntarily being transported pursuant to section 984.13, Florida Statutes?1 In sum: Based on the increased