Florida Statute 985.301 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.0301

985.0301 Jurisdiction.—

(1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed:

(a) A delinquent act or violation of law.

(b) A noncriminal violation that has been assigned to juvenile court by law.

(2) The jurisdiction of the court shall attach to the child and the case when the summons is served upon the child and a parent or legal or actual custodian or guardian of the child, or when the child is taken into custody with or without service of summons and before or after the filing of a petition, whichever first occurs, and thereafter the court may control the child and the case in accordance with this chapter.

(3) During the prosecution of any violation of law against any person who has been presumed to be an adult, if it is shown that the person was a child at the time the offense was committed and that the person does not meet the criteria for prosecution and sentencing as an adult, the court shall immediately transfer the case, together with the physical custody of the person and all physical evidence, papers, documents, and testimony, original and duplicate, connected therewith, to the appropriate court for proceedings under this chapter. The circuit court is exclusively authorized to assume jurisdiction over any juvenile offender who is arrested and charged with violating a federal law or a law of the District of Columbia, who is found or is living or domiciled in a county in which the circuit court is established, and who is surrendered to the circuit court as provided in 18 U.S.C. s. 5001.

(4)(a) Petitions alleging delinquency shall be filed in the county where the delinquent act or violation of law occurred. The circuit court for that county may transfer the case to the circuit court of the circuit in which the child resides or will reside at the time of detention or placement for dispositional purposes. A child who has been detained may be transferred to the detention center or facility in the circuit in which the child resides or will reside at the time of detention.

(b) The jurisdiction to be exercised by the court when a child is taken into custody before the filing of a petition under subsection (2) shall be exercised by the circuit court for the county in which the child is taken into custody, which court shall have personal jurisdiction of the child and the child’s parent or legal guardian. Upon the filing of a petition in the appropriate circuit court, the court that is exercising initial jurisdiction of the person of the child shall, if the child has been detained, immediately order the child to be transferred to the detention center or facility or other placement as ordered by the court having subject matter jurisdiction of the case.

(5)(a) Notwithstanding s. 743.07, and except as provided in paragraph (b), when the jurisdiction of any child who is alleged to have committed a delinquent act or violation of law is obtained, the court shall retain jurisdiction to dispose of a case, unless relinquished by its order, until the child reaches 19 years of age, with the same power over the child which the court had before the child became an adult.

(b) The court shall retain jurisdiction, unless relinquished by its own order:

1. Over a child on probation until the child reaches 19 years of age.

2. Over a child committed to the department until the child reaches 21 years of age, specifically for the purpose of allowing the child to complete the commitment program, including conditional release supervision.

(c) The court shall retain jurisdiction over a juvenile sexual offender, as defined in s. 985.475, who has been placed on community-based treatment alternative with supervision or who has been placed in a program or facility for juvenile sexual offenders, pursuant to s. 985.48, until the juvenile sexual offender reaches 21 years of age, specifically for the purpose of allowing the juvenile to complete the program.

(d) The court may retain jurisdiction over a child and the child’s parent or legal guardian whom the court has ordered to pay restitution until the restitution order is satisfied. To retain jurisdiction, the court shall enter a restitution order, which is separate from any disposition or order of commitment, on or prior to the date that the court’s jurisdiction would cease under this section. The contents of the restitution order shall be limited to the child’s name and address, the name and address of the parent or legal guardian, the name and address of the payee, the case number, the date and amount of restitution ordered, any amount of restitution paid, the amount of restitution due and owing, and a notation that costs, interest, penalties, and attorney fees may also be due and owing. The terms of the restitution order are subject to s. 775.089(5).

(e) This subsection does not prevent the exercise of jurisdiction by any court having jurisdiction of the child if the child, after becoming an adult, commits a violation of law.

(6) The court may at any time enter an order ending its jurisdiction over any child.

History.—s. 5, ch. 90-208; s. 12, ch. 92-287; s. 2, ch. 93-37; ss. 19, 39, ch. 94-209; s. 21, ch. 94-342; s. 2, ch. 95-160; ss. 9, 27, ch. 97-238; s. 33, ch. 99-284; ss. 5, 11, ch. 2000-134; s. 36, ch. 2001-64; s. 65, ch. 2005-236; s. 19, ch. 2005-263; s. 5, ch. 2006-120; s. 2, ch. 2011-54; s. 10, ch. 2011-70; s. 3, ch. 2011-236; s. 90, ch. 2012-5; s. 6, ch. 2012-56; s. 4, ch. 2014-162; s. 104, ch. 2015-2; s. 4, ch. 2015-133.

Note.—Subsections (1), (3)-(5) former s. 39.022; s. 985.201. Subsection (2) former s. 39.049(7); s. 985.219(8).

F.S. 985.0301 on Google Scholar

F.S. 985.0301 on CourtListener

Amendments to 985.0301

Annotations, Discussions, Cases:

Cases Citing Statute 985.0301

Total Results: 35

Dempsey v. State

82 So. 3d 928, 2011 WL 2848713, 2011 Fla. App. LEXIS 11363

District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 60306299

Cited 3 times | Published

State v. Griffith, 675 So.2d 911 (Fla.1996); § 985.0301(5)(a), Fla. Stat. (2010). Two hundred and three

State v. W.D.

112 So. 3d 702, 2013 WL 1890362, 2013 Fla. App. LEXIS 7369

District Court of Appeal of Florida | Filed: May 8, 2013 | Docket: 60231232

Cited 2 times | Published

parents/guardian with a summons. Relying upon section 985.0301(6), Florida Statutes (2012), which states

CAF v. State

976 So. 2d 629, 2008 WL 611684

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1275460

Cited 2 times | Published

"release order" on Petitioner.[4] The first is section 985.0301, which merely establishes that the circuit

A.B. v. State

67 So. 3d 1183, 2011 Fla. App. LEXIS 13040

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60301948

Cited 1 times | Published

probation beyond her nineteenth birthday. Section 985.0301(5)(h), Florida Statutes (2010), provides that

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

the date any juvenile sanctions would expire. § 985.0301(5)(c), Fla. Stat. He relies on the holding in

E.D.B. v. State

5 So. 3d 787, 2009 Fla. App. LEXIS 2658

District Court of Appeal of Florida | Filed: Mar 27, 2009 | Docket: 60297213

Cited 1 times | Published

jurisdiction over him past his nineteenth birthday.1 Section 985.0301, Florida Statutes (2007), addresses the circuit

EDB v. State

5 So. 3d 787, 2009 WL 790131

District Court of Appeal of Florida | Filed: Mar 27, 2009 | Docket: 1200699

Cited 1 times | Published

over him past his nineteenth birthday.[1] Section 985.0301, Florida Statutes (2007), addresses the circuit

LOJ v. State

974 So. 2d 491, 2008 WL 239059

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1717743

Cited 1 times | Published

jurisdiction over this juvenile to the age of 19. See § 985.0301(5)(d), Fla. Stat. (2006) (providing for retention

K.D., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436369

Published

non-sexual offenses), arguing that, under section 985.0301(5)(a), Florida Statutes (2019), the court’s

CARLTON DEVONTA JONES v. STATE OF FLORIDA

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

Published

aged out of the juvenile justice system. See § 985.0301(5)(a), Fla. Stat. (2018). It appears that the

J.R., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 28, 2019 | Docket: 16121871

Published

meaning of section 985.0301(5). Therefore, the circuit court was bound by section 985.0301(5)(a), which

J.S. v. State

205 So. 3d 802, 2016 Fla. App. LEXIS 17012

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 60257636

Published

period must end *803when J.S. turns nineteen. See § 985.0301(5)(b)(l) (2015) (providing that the juvenile

J.S. v. State

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539029

Published

period must end when J.S. turns nineteen. See § 985.0301(5)(b)(1) (2015) (providing that the juvenile

State of Florida v. J.Q., a Child

178 So. 3d 943, 2015 Fla. App. LEXIS 16982, 40 Fla. L. Weekly Fed. D 2540

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011946

Published

4th DCA 2013) ]. In that case, we held that section 985.0301(6) “is fairly viewed as authorizing the court

State of Florida v. A.M., a child

178 So. 3d 437, 2015 Fla. App. LEXIS 14932, 2015 WL 5836050

District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865048

Published

prior to an adjudicatory hearing. See § 985.0301(6), Fla. Stat. (2013); State v. J.C.,

State of Florida v. T.L., a child

178 So. 3d 438, 2015 Fla. App. LEXIS 14931, 2015 WL 5836055

District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865044

Published

prior to an adjudicatory hearing. See § 985.0301(6), Fla. Stat. (2013); State v. J.C.,

T.D. v. State

172 So. 3d 1024, 2015 Fla. App. LEXIS 13615, 2015 WL 5309115

District Court of Appeal of Florida | Filed: Sep 11, 2015 | Docket: 60250009

Published

reached his 19th birthday. Appellant claims that section 985.0301(5), Florida Statutes (2009), gives the trial

State of Florida v. M.A., a child

174 So. 3d 522, 2015 Fla. App. LEXIS 12767, 2015 WL 5026221

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687694

Published

24 So.3d 756, 757 (Fla. 4th DCA 2009). Section 985.0301, Florida Statutes (2014), provides, in relevant

State of Florida v. D.A., a child

171 So. 3d 229, 2015 Fla. App. LEXIS 11967, 2015 WL 4747200

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683562

Published

that the trial court imper-missibly relied on section 985.0301(6), Florida Statutes (2014), to sua

State v. C.M., a child

154 So. 3d 1177, 2015 Fla. App. LEXIS 167, 2015 WL 71949

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621540

Published

delinquent act or violation of law occurred.” § 985.0301(4)(a), Fla. Stat. (2013). A “violation of law”

State of Florida v. J.C., a child

141 So. 3d 756, 2014 WL 3187254, 2014 Fla. App. LEXIS 10523

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 797347

Published

that the trial court impermissibly relied on section 985.0301(6), Florida Statutes (2011), to dismiss the

R.J., a Child v. State

142 So. 3d 907, 2014 WL 2957455, 2014 Fla. App. LEXIS 10122

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 536

Published

cases not cognizable by the circuit courts”). Section 985.0301(1), Florida Statutes (2012), states that “[t]he

D.A. v. State

133 So. 3d 595, 2014 WL 784990, 2014 Fla. App. LEXIS 2597

District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60238831

Published

the order was entered, he was 19-years old. See § 985.0301(5)(a), Fla. Stat. (2012). Based on the State’s

V.A.C. v. State

136 So. 3d 612, 2013 Fla. App. LEXIS 14818, 2013 WL 5226524

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60240038

Published

juvenile jurisdiction statute.1 We agree. Section 985.0301(5)(a), Florida Statutes (2010), provides in

State v. E.I.

114 So. 3d 309, 2013 WL 1890378, 2013 Fla. App. LEXIS 7358

District Court of Appeal of Florida | Filed: May 8, 2013 | Docket: 60231847

Published

petition for delinquency against E.I. under section 985.0301(6), Florida Statutes (2012), which allows

State v. A.A.

110 So. 3d 988, 2013 WL 1629152, 2013 Fla. App. LEXIS 6073

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230577

Published

custody. Therefore, jurisdiction attached. See § 985.0301, Fla. Stat. (2011): (1) The circuit court has

AB v. State

67 So. 3d 1183, 2011 WL 3627418

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 2554157

Published

probation beyond her nineteenth birthday. Section 985.0301(5)(h), Florida Statutes (2010), provides that

A.S.B. v. State

59 So. 3d 234, 2011 Fla. App. LEXIS 3995, 2011 WL 1086761

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60299640

Published

may serve for the same offense,” id., and section 985.0301(5)(c) prohibits the Department or the court

A.M.E. v. State

18 So. 3d 1251, 2009 Fla. App. LEXIS 15202

District Court of Appeal of Florida | Filed: Oct 9, 2009 | Docket: 60252043

Published

the child reaches her nineteenth birthday. See § 985.0301(5)(a), Fla. Stat. (2008). Additionally, A.M.E

AME v. State

18 So. 3d 1251, 2009 WL 3233010

District Court of Appeal of Florida | Filed: Oct 9, 2009 | Docket: 1640591

Published

the child reaches her nineteenth birthday. See § 985.0301(5)(a), Fla. Stat. (2008). Additionally, A.M.E

State v. WW

16 So. 3d 305, 2009 WL 2632174

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1640848

Published

offenses, despite the general provisions of section 985.0301(1), which would otherwise have provided for

State v. W.W.

16 So. 3d 305, 2009 Fla. App. LEXIS 12666

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 60246756

Published

offenses, despite the general provisions of section 985.0301(1), which would otherwise have provided for

C.A.F. v. State

976 So. 2d 629, 2008 Fla. App. LEXIS 3129

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 64854087

Published

“release order” on Petitioner.4 The first is section 985.0301, which merely establishes that the circuit

X.R. v. State

976 So. 2d 633, 2008 Fla. App. LEXIS 3132, 2008 WL 611610

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 64854088

Published

R. who was charged with a delinquent act. See § 985.0301(1), Fla. Stat. (“[t]he circuit court has exclusive

L.O.J. v. State

974 So. 2d 491, 2008 Fla. App. LEXIS 944

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 64853893

Published

jurisdiction over this juvenile to the age of 19. See § 985.0301(5)(d), Fla. Stat. (2006) (providing for retention