Florida Statute 985.255 - 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. 985.255

985.255 Detention criteria; detention hearing.—

(1) Subject to s. 985.25(1), a child taken into custody and placed into detention care shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order a continued detention status if:

(a) The result of the risk assessment instrument pursuant to s. 985.245 indicates secure or supervised release detention or the court makes the findings required under paragraph (3)(b).

(b) The child is alleged to be an escapee from a residential commitment program; or an absconder from a nonresidential commitment program, a probation program, or conditional release supervision; or is alleged to have escaped while being lawfully transported to or from a residential commitment program.

(d) The child is charged with a delinquent act or violation of law and requests in writing through legal counsel to be detained for protection from an imminent physical threat to his or her personal safety.

(e) The child is detained on a judicial order for failure to appear and has previously willfully failed to appear, after proper notice:

1. For an adjudicatory hearing on the same case regardless of the results of the risk assessment instrument; or

2. At two or more court hearings of any nature on the same case regardless of the results of the risk assessment instrument.

A child may be held in secure detention for up to 72 hours in advance of the next scheduled court hearing pursuant to this paragraph. The child’s failure to keep the clerk of court and defense counsel informed of a current and valid mailing address where the child will receive notice to appear at court proceedings does not provide an adequate ground for excusal of the child’s nonappearance at the hearings.

(f) The child is a prolific juvenile offender. A child is a prolific juvenile offender if the child:

1. Is charged with a delinquent act that would be a felony if committed by an adult;

2. Has been adjudicated or had adjudication withheld for a felony offense, or delinquent act that would be a felony if committed by an adult, before the charge under subparagraph 1.; and

3. In addition to meeting the requirements of subparagraphs 1. and 2., has five or more of any of the following, at least three of which must have been for felony offenses or delinquent acts that would have been felonies if committed by an adult:

a. An arrest event for which a disposition, as defined in s. 985.26, has not been entered;

b. An adjudication; or

c. An adjudication withheld.

As used in this subparagraph, the term “arrest event” means an arrest or referral for one or more criminal offenses or delinquent acts arising out of the same episode, act, or transaction.

(g) The court finds probable cause at the detention hearing that the child committed one or more of the following offenses:

1. Murder in the first degree under s. 782.04(1)(a).

2. Murder in the second degree under s. 782.04(2).

3. Armed robbery under s. 812.13(2)(a) that involves the use or possession of a firearm as defined in s. 790.001.

4. Armed carjacking under s. 812.133(2)(a) that involves the use or possession of a firearm as defined in s. 790.001.

5. Having a firearm while committing a felony under s. 790.07(2).

6. Armed burglary under s. 810.02(2)(b) that involves the use or possession of a firearm as defined in s. 790.001.

7. Delinquent in possession of a firearm under s. 790.23(1)(b).

8. An attempt to commit any offense listed in this paragraph under s. 777.04.

(h) For a child who meets the criteria in paragraph (g):

1. There is a presumption that the child presents a risk to public safety and danger to the community and such child must be held in secure detention prior to an adjudicatory hearing, unless the court enters a written order that the child would not present a risk to public safety or a danger to the community if he or she were placed on supervised release detention care.

2. The written order releasing a child from secure detention must be based on clear and convincing evidence why the child does not present a risk to public safety or a danger to the community and must list the child’s prior adjudications, dispositions, and prior violations of pretrial release orders. A court releasing a child from secure detention under this subparagraph shall place the child on supervised release detention care with electronic monitoring until the child’s adjudicatory hearing.

3. If an adjudicatory hearing has not taken place after 60 days of secure detention for a child held in secure detention under this paragraph, the court must prioritize the efficient disposition of cases and hold a review hearing within each successive 7-day review period until the adjudicatory hearing or until the child is placed on supervised release with electronic monitoring under subparagraph 2.

4. If the court, under this section, releases a child to supervised release detention care, the court must provide a copy of the written order to the victim, to the law enforcement agency that arrested the child, and to the law enforcement agency with primary jurisdiction over the child’s primary residence.

(2) A child who is charged with committing an offense that is classified as an act of domestic violence as defined in s. 741.28 and whose risk assessment instrument indicates secure detention is not appropriate may be held in secure detention if the court makes specific written findings that:

(a) Respite care for the child is not available.

(b) It is necessary to place the child in secure detention in order to protect the victim from injury.

The child may not be held in secure detention under this subsection for more than 48 hours unless ordered by the court. After 48 hours, the court shall hold a hearing if the state attorney or victim requests that secure detention be continued. The child may continue to be held in detention care if the court makes a specific, written finding that detention care is necessary to protect the victim from injury. However, the child may not be held in detention care beyond the time limits set forth in this section or s. 985.26.

(3)(a) The purpose of the detention hearing required under subsection (1) is to determine the existence of probable cause that the child has committed the delinquent act or violation of law that he or she is charged with and the need for continued detention. The court shall consider the results of the risk assessment performed by the department and, based on the criteria in subsection (1), shall determine the need for continued detention. If the child is a prolific juvenile offender who is detained under s. 985.26(2)(c), the court shall consider the results of the risk assessment performed by the department and the criteria in subsection (1) or subsection (2) only to determine whether the prolific juvenile offender should be held in secure detention.

(b) The court may order a placement more or less restrictive than indicated by the results of the risk assessment instrument, and, if the court does so, shall state, in writing, clear and convincing reasons for such placement.

(c) Except as provided in s. 985.27, when a child is placed into detention care, or into a respite home or other placement pursuant to a court order following a hearing, the court order must include specific instructions that direct the release of the child from such placement no later than 5 p.m. on the last day of the detention period specified in s. 985.26 or ¹s. 985.27, whichever is applicable, unless the requirements of such applicable provision have been met or an order of continuance has been granted under s. 985.26(4). If the court order does not include a release date, the release date shall be requested from the court on the same date that the child is placed in detention care. If a subsequent hearing is needed to provide additional information to the court for safety planning, the initial order placing the child in detention care shall reflect the next detention review hearing, which shall be held within 3 calendar days after the child’s initial detention placement.

History.—s. 5, ch. 90-208; s. 4, ch. 92-79; s. 6, ch. 92-287; s. 31, ch. 94-209; s. 1343, ch. 95-147; s. 10, ch. 95-267; s. 5, ch. 96-398; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 4, ch. 99-284; s. 9, ch. 2000-134; s. 24, ch. 2000-135; s. 37, ch. 2001-64; s. 19, ch. 2001-125; s. 17, ch. 2002-55; s. 4, ch. 2005-263; s. 34, ch. 2006-120; s. 17, ch. 2014-162; ss. 3, 13, ch. 2017-164; s. 9, ch. 2018-86; s. 10, ch. 2024-130; s. 29, ch. 2024-133.

¹Note.—The time period for release was deleted from referenced s. 985.27 by s. 6, ch. 2017-164.

Note.—Former s. 39.044(2); s. 985.215(2).

F.S. 985.255 on Google Scholar

F.S. 985.255 on CourtListener

Amendments to 985.255

Annotations, Discussions, Cases:

Cases Citing Statute 985.255

Total Results: 56

KE v. Department of Juvenile Justice

963 So. 2d 864, 2007 Fla. App. LEXIS 12668, 2007 WL 2301397

District Court of Appeal of Florida | Filed: Aug 14, 2007 | Docket: 1697492

Cited 8 times | Published

Statutes (2007). However, a specific provision in section 985.255(2) authorizes the court to place a child charged

State Department of Juvenile Justice v. S.M.

131 So. 3d 780, 38 Fla. L. Weekly Supp. 887, 2013 WL 6500879, 2013 Fla. LEXIS 2686

Supreme Court of Florida | Filed: Dec 12, 2013 | Docket: 60238163

Cited 5 times | Published

for rehearing. The Fourth District relied on section 985.255(3)(a), Florida Statutes (2011), for the proposition

BM v. Dobuler

979 So. 2d 308, 2008 WL 724124

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1714467

Cited 3 times | Published

Stat. (2007). Absent a statutory exception, see § 985.255(2), Fla. Stat. (2007), an order placing a child

AR v. Dobuler

960 So. 2d 793, 2007 WL 1732758

District Court of Appeal of Florida | Filed: Jun 18, 2007 | Docket: 2587178

Cited 3 times | Published

order of secure detention, in violation of section 985.255(1)(a)-(j), Florida Statutes (2006). Because

AK v. Dobuler

951 So. 2d 989, 2007 WL 756922

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 1280624

Cited 3 times | Published

Release" notation on the order. Florida Statutes, section 985.255(1) provides, in pertinent part, that: (1) Subject

B.R. v. State

145 So. 3d 196, 2014 WL 4055636, 2014 Fla. App. LEXIS 12554

District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 60242652

Cited 2 times | Published

home detention regardless of her RAI score, see § 985.255(l)(h); see also S.M., 131 So.3d at 785. Therefore

T.K. v. State

125 So. 3d 970, 2013 WL 2493764, 2013 Fla. App. LEXIS 9287

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60236140

Cited 2 times | Published

s. 775.082, s. 775.083, or s. 775.084. . Section 985.255(2), Florida Statutes, relates to domestic violence

M.A.M. v. Vurro

2 So. 3d 388, 2009 WL 32416

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1644176

Cited 2 times | Published

twenty-four hours of being taken into custody. § 985.255(3)(a). When, as here, the child has been charged

CB v. Dobuler

997 So. 2d 463, 2008 WL 5156639

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1377233

Cited 2 times | Published

2d at 310 ("Absent a statutory exception, see § 985.255(2), Fla. Stat. (2007), an order placing a child

KP v. State

952 So. 2d 1229, 2007 WL 935576

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1347226

Cited 2 times | Published

more restrictive placement, as required under section 985.255(3)(b), Florida Statutes (2007). See C.D.T.;

DM v. Dobuler

947 So. 2d 504, 2006 WL 3499918

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1720451

Cited 2 times | Published

the language at issue will appear as part of section 985.255(3)(a). [2] This provision will appear as section

J.L.T. v. Department of Juvenile Justice

104 So. 3d 1257, 2013 WL 85452, 2013 Fla. App. LEXIS 267

District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60227387

Cited 1 times | Published

4th DCA 2012), the petitioners argue “that section 985.255(l)(h), Florida Statutes [ (2012) ], does not

AD v. State

45 So. 3d 575, 2010 WL 4140418

District Court of Appeal of Florida | Filed: Oct 22, 2010 | Docket: 2398180

Cited 1 times | Published

makes specific written findings" of those facts. § 985.255(2), Fla. Stat. (2010). However, the court's order

AC v. State

23 So. 3d 826, 2009 WL 4403238

District Court of Appeal of Florida | Filed: Dec 4, 2009 | Docket: 1657696

Cited 1 times | Published

whether they are jailed in future proceedings. See § 985.255(1)(g)(1) Fla. Stat. (2009). The transcript in

AM v. State

13 So. 3d 502, 2009 WL 1564227

District Court of Appeal of Florida | Filed: Jun 4, 2009 | Docket: 1189040

Cited 1 times | Published

involvement of a firearm. The State relies on section 985.255(1)(f), Florida Statutes (2008), which provides

D.F. v. Housel

10 So. 3d 694, 2009 Fla. App. LEXIS 5968, 2009 WL 1424659

District Court of Appeal of Florida | Filed: May 21, 2009 | Docket: 1131397

Cited 1 times | Published

initial detention hearing on May 7, 2009. See § 985.255(2), Fla. Stat. (2008). At the hearing, his grandmother

MG v. Berry

998 So. 2d 634, 33 Fla. L. Weekly Fed. D 2617

District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 1701809

Cited 1 times | Published

scoring. M.G. qualifies for home detention. Section 985.255(1)(g), Florida Statutes, provides, in pertinent

JS v. State

975 So. 2d 1214, 2008 WL 611676

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1424930

Cited 1 times | Published

Detention for such an offense is authorized under section 985.255(1)(d), Florida Statutes (2006). A detention

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Feb 13, 2025 | Docket: 69636665

Published

procedures relating to subsections (g) and (h) of section 985.255(1), Florida Statutes (2024), which were enacted

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463

Published

more than five percent from guideline amounts); § 985.255(2), (3)(b), Fla. Stat. (2023) (expressly requiring

In Re: Amendments to Florida Rule of Juvenile Procedure 8.013

Supreme Court of Florida | Filed: May 4, 2023 | Docket: 67324128

Published

rule 8.013 to include the requirements in section 985.255(2), Florida Statutes (2022), and to improve

N.H., A CHILD vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 27, 2023 | Docket: 68034729

Published

of detention exist. Fla. R. Juv. P. 8.010(h); § 985.255(3)(a), Fla. Stat. (2022). “If the court finds

J.P. v. Judd

269 So. 3d 535

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64712287

Published

or in nonsecure detention in accordance with § 985.255(1)(h), Fla. Stat. (2018). See RAP, v. Parkins

J.P. v. Judd

269 So. 3d 535

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64712288

Published

or in nonsecure detention in accordance with § 985.255(1)(h), Fla. Stat. (2018). See RAP, v. Parkins

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713535

Published

court conducted a hearing in accordance with section 985.255(1) of the Florida Statutes. At this hearing

A.A., S.F., & N.A. v. State

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572888

Published

court conducted a hearing in accordance with section 985.255(1) of the Florida Statutes. At this hearing

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713536

Published

court conducted a hearing in accordance with section 985.255(1) of the Florida Statutes. At this hearing

A.B. v. State

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094848

Published

However, we otherwise deny the petition because section 985.255(1)(e), Florida Statutes (2018), allows the

J.S. v. Seeber

242 So. 3d 1069

District Court of Appeal of Florida | Filed: Jan 16, 2018 | Docket: 64677969

Published

court shall hold a second hearing pursuant to section 985.255(3)(a), Florida Statutes, "to determine the

T.M. v. State

227 So. 3d 745, 2017 WL 5017075

District Court of Appeal of Florida | Filed: Sep 29, 2017 | Docket: 60278052

Published

§ 985.245(1), Fla. Stat. (2016). However, section 985.255 permits the court to otherwise order secure

T.M. v. State

District Court of Appeal of Florida | Filed: Sep 25, 2017 | Docket: 6165152

Published

§ 985.245(1), Fla. Stat. (2016). However, section 985.255 permits the court to otherwise order secure

O.A. v. State

146 So. 3d 135, 2014 Fla. App. LEXIS 13685, 2014 WL 4344546

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 60242848

Published

judge ordered home detention for O.A. under section 985.255(l)(f), Florida Statutes. In determining that

O.A. v. State

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150414

Published

judge ordered home detention for O.A. under section 985.255(1)(f), Florida Statutes. 1 The record reflects

O.A. v. State

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150414

Published

judge ordered home detention for O.A. under section 985.255(1)(f), Florida Statutes. 1 The record reflects

B.R. v. State

District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 1003010

Published

home detention regardless of her RAI score, see § 985.255(1)(h); see also S.M., 131 So. 3d at 785. Therefore

H.D. v. Shore

134 So. 3d 1062, 2013 WL 4821050, 2013 Fla. App. LEXIS 14458

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60239019

Published

detention. See § 985.255, Fla. Stat. (2012) (setting forth detention criteria). Section 985.255(l)(a) pertains

T.J.S. v. Miles

96 So. 3d 1104, 2012 WL 3834627, 2012 Fla. App. LEXIS 14734

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311433

Published

be assessed against a juvenile pursuant to section 985.255, Florida Statutes (2010). She maintains that

S.M. v. State

91 So. 3d 175, 2012 WL 1889403, 2012 Fla. App. LEXIS 8453

District Court of Appeal of Florida | Filed: May 25, 2012 | Docket: 60309825

Published

hearing. We grant the petition, finding that section 985.255(l)(h), Florida Statutes (2011), does not permit

T.K.B. v. Durham

63 So. 3d 60, 2011 Fla. App. LEXIS 7158, 2011 WL 1879119

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2365894

Published

no other viable options for her placement. Section 985.255(1) provides that a child placed on home detention

B.S.K. v. State

53 So. 3d 394, 2011 Fla. App. LEXIS 1570, 2011 WL 470256

District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60298102

Published

criteria for detention is found pursuant to section 985.255, Florida Statutes (2010), Petitioner shall

K.N.W. v. Durham

53 So. 3d 364, 2011 WL 198380

District Court of Appeal of Florida | Filed: Jan 24, 2011 | Docket: 60298083

Published

because the circuit court failed to comply with section 985.255(3)(b), which requires the court to “state,

A.D. v. State

45 So. 3d 575, 2010 Fla. App. LEXIS 16137

District Court of Appeal of Florida | Filed: Oct 22, 2010 | Docket: 60296056

Published

makes specific written findings” of those facts. § 985.255(2), Fla. Stat. (2010). However, the court’s order

TM v. State

39 So. 3d 559, 2010 WL 2882612

District Court of Appeal of Florida | Filed: Jul 22, 2010 | Docket: 2409626

Published

court's finding that he is an "absconder." See § 985.255(1)(a), Fla. Stat. (2009). We grant the petition

T.M. v. State

39 So. 3d 559, 2010 Fla. App. LEXIS 10678

District Court of Appeal of Florida | Filed: Jul 22, 2010 | Docket: 60294921

Published

court’s finding that he is an “absconder.” See § 985.255(1)(a), Fla. Stat. (2009). We grant the petition

M.F. v. Faulk

34 So. 3d 139, 2010 Fla. App. LEXIS 5276, 2010 WL 1576744

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 2580925

Published

holding M.F. in secure detention emanates from section 985.255(1)(i), Florida Statutes (2009), which limits

A.C. v. State

23 So. 3d 826, 2009 Fla. App. LEXIS 18718

District Court of Appeal of Florida | Filed: Dec 4, 2009 | Docket: 60282072

Published

whether they are jailed in future proceedings. See § 985.255(l)(g)(l) Fla. Stat. (2009). The transcript in

R.J.L v. State

22 So. 3d 130, 2009 Fla. App. LEXIS 16853

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 60267017

Published

Department of Juvenile Justice. Florida Statute Section 985.255(3)(b) states, “[i]f the court orders a placement

RJL v. State

22 So. 3d 130, 2009 WL 3784600

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 2549102

Published

Department of Juvenile Justice. Florida Statute Section 985.255(3)(b) states, "[i]f the court orders a placement

A.M. v. State

13 So. 3d 502, 2009 Fla. App. LEXIS 7093

District Court of Appeal of Florida | Filed: Jun 4, 2009 | Docket: 60237598

Published

involvement of a firearm. The State relies on section 985.255(l)(f), Florida Statutes (2008), which provides

R.A.P. v. Parkins

994 So. 2d 414, 2008 Fla. App. LEXIS 16423, 2008 WL 4643875

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 64856731

Published

detention with electronic monitoring. Although section 985.255(3) (b) allows a placement more restrictive

In re Amendments to the Florida Rules of Criminal Procedure

993 So. 2d 503, 33 Fla. L. Weekly Supp. 834, 2008 Fla. LEXIS 1970, 2008 WL 4587121

Supreme Court of Florida | Filed: Oct 16, 2008 | Docket: 64856276

Published

for substance abuse evaluation or treatment. § 985.255, Fla. Stat. (2007). The Committee also stated:

S.W. v. State, Department of Juvenile Justice

987 So. 2d 173, 2008 Fla. App. LEXIS 10896

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855252

Published

clear and convincing reasons for such placement.” § 985.255(3)(b). Children who are awaiting placement in

J.S. v. State

975 So. 2d 1214, 2008 Fla. App. LEXIS 3134

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 64853989

Published

Detention for such an offense is authorized under section 985.255(l)(d), Florida Statutes (2006). A detention

NS v. Flowers

963 So. 2d 310, 2007 WL 2306748

District Court of Appeal of Florida | Filed: Aug 14, 2007 | Docket: 2556677

Published

restrictive placement than indicated by the RAI. See § 985.255(2), (3)(b), Fla. Stat. (2006); M.P. v. Gardner

Cd v. Vurro

975 So. 2d 475, 2007 WL 1757001

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1727449

Published

and write to clarify our interpretation of section 985.255(2), Florida Statutes (2007). The requirement

K.P. v. State

952 So. 2d 1229, 2007 Fla. App. LEXIS 4674

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 64849954

Published

more restrictive placement, as required under section 985.255(3)(b), Florida Statutes (2007). See C.D.T.;