(1)(a) A child who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be fingerprinted and the fingerprints must be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(a).
(b) Unless the child is issued a prearrest delinquency citation pursuant to s. 985.12, a child who is charged with or found to have committed one of the following offenses shall be fingerprinted, and the fingerprints shall be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(b):
11. Cruelty to animals, as defined in s. 828.12(1).
12. Arson, resulting in bodily harm to a firefighter, as defined in s. 806.031(1).
13. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property as defined in s. 790.115.
A law enforcement agency may fingerprint and photograph a child taken into custody upon probable cause that such child has committed any other violation of law, as the agency deems appropriate. Such fingerprint records and photographs shall be retained by the law enforcement agency in a separate file, and these records and all copies thereof must be marked “Juvenile Confidential.” These records are not available for public disclosure and inspection under s. 119.07(1) except as provided in ss. 943.053 and 985.04(2), but shall be available to other law enforcement agencies, criminal justice agencies, state attorneys, the courts, the child, the parents or legal custodians of the child, their attorneys, and any other person authorized by the court to have access to such records. In addition, such records may be submitted to the Department of Law Enforcement for inclusion in the state criminal history records and used by criminal justice agencies for criminal justice purposes. These records may, in the discretion of the court, be open to inspection by anyone upon a showing of cause. The fingerprint and photograph records shall be produced in the court whenever directed by the court. Any photograph taken pursuant to this section may be shown by a law enforcement officer to any victim or witness of a crime for the purpose of identifying the person who committed such crime.
(c) The court shall be responsible for the fingerprinting of any child at the disposition hearing if the child has been adjudicated or had adjudication withheld for any felony in the case currently before the court.
(2) If the child is not referred to the court, or if the child is found not to have committed a violation of law, the court may, after notice to the law enforcement agency involved, order the originals and copies of the fingerprints and photographs destroyed. Unless otherwise ordered by the court, if the child is found to have committed an offense which would be a felony if it had been committed by an adult, then the law enforcement agency having custody of the fingerprint and photograph records shall retain the originals and immediately thereafter forward adequate duplicate copies to the court along with the written offense report relating to the matter for which the child was taken into custody. Except as otherwise provided by this subsection, the clerk of the court, after the disposition hearing on the case, shall forward duplicate copies of the fingerprints and photographs, together with the child’s name, address, date of birth, age, and sex, to:
(a) The sheriff of the county in which the child was taken into custody, in order to maintain a central child identification file in that county.
(b) The law enforcement agency of each municipality having a population in excess of 50,000 persons and located in the county of arrest, if so requested specifically or by a general request by that agency.
(3) This section does not prohibit the fingerprinting or photographing of child traffic violators. All records of such traffic violations shall be kept in the full name of the violator and shall be open to inspection and publication in the same manner as adult traffic violations. This section does not apply to the photographing of children by the Department of Juvenile Justice or the Department of Children and Families.
Cited 3 times | Published | Florida 1st District Court of Appeal | 2010 WL 3783340
...both the prior county of residence and the new county of residence immediately upon learning of the move or other relocation of a juvenile offender who has been adjudicated or had adjudication withheld for a violent misdemeanor or violent felony."); § 985.11(1)(c) ("The court shall be responsible for the fingerprinting or any child at the disposition hearing if the child has been adjudicated or had adjudication withheld for any felony in the case currently before the court."); § 985.16(2)(c) (...
...1994), limited the information that could be released by a law enforcement agency to the name, photograph, and address of the child. Apparently responding to this concern, the 1996 Florida Legislature amended section 39.039(l)(a)(b), Florida Statutes (1995), renumbered to section 985.11(l)(a)(b), Florida Statutes (2006); section 39.045(5), Florida Statutes (1995), renumbered to section 985.04(1), Florida Statutes (2006); section 39.045(9), Florida Statutes (1995), renumbered to section 985.04(2), Florida Statutes (2006); and section 943.053....
...The final bill analysis prepared for the House Committee on Criminal Justice is similar. Fla. H.R. Comm, on Crim. Justice, SB 156 (1996) Final Bill Analysis 8-9 (August 9, 1996) (emphasis supplied). Conclusion When subsection (1) and (2) of section 985.04 are read in pari materia with section 985.11(l)(a)(b) and section 943.053(3), it is clear that only the arrest records of those juveniles who the legislature has designated in section 985.04(2) have lost their confidential status and are available to the public pursuant to section 943.053(3)(a)....
...They “provide collocated central intake and screening services” for juveniles. § 985.135(1), Fla. Stat. (2013). After a juvenile is taken into custody, see § 985.101(1), the juvenile must be “released from custody as soon as is reasonably possible.” § 985.115(1). When the juvenile is “charged with ... an offense that would be a felony if committed by an adult,” the juvenile is fingerprinted and photographed, see § 985.11, just like an adult at central booking. In some instances, a juvenile can be held for up to six hours in a separate section of the county jail as part of this process. See § 985.115(3)....
...th the prior county of residence and the new county of residence immediately upon learning of the move or other relocation of a juvenile offender who has been adjudicated or had adjudication withheld for a violent misdemeanor or violent felony.”); § 985.11(l)(c) (“The court shall be responsible for the fingerprinting or any child at the disposition hearing if the child has been adjudicated or had adjudication withheld for any felony in the case currently before the court.”); § 985.16(2)(...
...They "provide collocated central intake and screening
services" for juveniles. § 985.135(1), Fla. Stat. (2013). After a juvenile is taken into
custody, see § 985.101(1), the juvenile must be "released from custody as soon as is
reasonably possible." § 985.115(1). When the juvenile is "charged with . . . an offense
that would be a felony if committed by an adult," the juvenile is fingerprinted and
photographed, see § 985.11, just like an adult at central booking. In some instances, a
juvenile can be held for up to six hours in a separate section of the county jail as part of
this process. See § 985.115(3).
A juvenile taken into custody and delivered to a JAC is not free to walk
away....
...filed a motion to suppress, contending that this contraband was a product of the initial illegal seizure that occurred during the investigatory sweep, in violation of his Fourth Amendment rights. D.F. was charged with one count of possession of marijuana upon the grounds of a juvenile detention facility in violation of section 985.11, Florida Statutes (2010)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
