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. 985.35

985.35 Adjudicatory hearings; withheld adjudications; orders of adjudication.—

(1)(a) Except as provided in paragraph (b), the adjudicatory hearing must be held as soon as practicable after the petition alleging that a child has committed a delinquent act or violation of law is filed and in accordance with the Florida Rules of Juvenile Procedure; but reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses shall be granted. If the child is being detained, the time limitations in s. 985.26(2) and (3) apply.

(b) If the child is a prolific juvenile offender under s. 985.255(1)(f), the adjudicatory hearing must be held within 45 days after the child is taken into custody unless a delay is requested by the child.

(2) Adjudicatory hearings shall be conducted without a jury by the court, applying in delinquency cases the rules of evidence in use in criminal cases; adjourning the hearings from time to time as necessary; and conducting a fundamentally fair hearing in language understandable, to the fullest extent practicable, to the child before the court.

(a) In a hearing on a petition alleging that a child has committed a delinquent act or violation of law, the evidence must establish the findings beyond a reasonable doubt.

(b) The child is entitled to the opportunity to introduce evidence and otherwise be heard in the child’s own behalf and to cross-examine witnesses.

(c) A child charged with a delinquent act or violation of law must be afforded all rights against self-incrimination. Evidence illegally seized or obtained may not be received to establish the allegations against the child.

(3) If the court finds that the child named in a petition has not committed a delinquent act or violation of law, it shall enter an order so finding and dismissing the case.

(4) If the court finds that the child named in the petition has committed a delinquent act or violation of law, it may, in its discretion, enter an order stating the facts upon which its finding is based but withholding adjudication of delinquency.

(a) Upon withholding adjudication of delinquency, the court may place the child in a probation program under the supervision of the department or under the supervision of any other person or agency specifically authorized and appointed by the court. The court may, as a condition of the program, impose as a penalty component restitution in money or in kind, community service, a curfew, urine monitoring, revocation or suspension of the driver license of the child, or other nonresidential punishment appropriate to the offense, and may impose as a rehabilitative component a requirement of participation in substance abuse treatment, or school or other educational program attendance.

(b) If the child is attending public school and the court finds that the victim or a sibling of the victim in the case was assigned to attend or is eligible to attend the same school as the child, the court order shall include a finding pursuant to the proceedings described in s. 985.455, regardless of whether adjudication is withheld.

(c) If the court later finds that the child has not complied with the rules, restrictions, or conditions of the community-based program, the court may, after a hearing to establish the lack of compliance, but without further evidence of the state of delinquency, enter an adjudication of delinquency and shall thereafter have full authority under this chapter to deal with the child as adjudicated.

(5) If the court finds that the child named in a petition has committed a delinquent act or violation of law, but elects not to proceed under subsection (4), it shall incorporate that finding in an order of adjudication of delinquency entered in the case, briefly stating the facts upon which the finding is made, and the court shall thereafter have full authority under this chapter to deal with the child as adjudicated.

(6) Except as the term “conviction” is used in chapter 322, and except for use in a subsequent proceeding under this chapter, an adjudication of delinquency by a court with respect to any child who has committed a delinquent act or violation of law shall not be deemed a conviction; nor shall the child be deemed to have been found guilty or to be a criminal by reason of that adjudication; nor shall that adjudication operate to impose upon the child any of the civil disabilities ordinarily imposed by or resulting from conviction or to disqualify or prejudice the child in any civil service application or appointment, with the exception of the use of records of proceedings under this chapter as provided in s. 985.045(4).

(7) An adjudication of delinquency for an offense classified as a felony shall disqualify a person from lawfully possessing a firearm until such person reaches 24 years of age, unless the person’s criminal history record for that offense has been expunged pursuant to s. 943.0515(1)(b).

History.—s. 36, ch. 97-238; s. 38, ch. 99-284; s. 28, ch. 2000-135; s. 39, ch. 2001-64; s. 22, ch. 2001-125; s. 43, ch. 2006-120; s. 7, ch. 2017-164; s. 13, ch. 2018-86.

Note.—Former s. 985.228.

F.S. 985.35 on Google Scholar

F.S. 985.35 on Casetext

Amendments to 985.35

Arrestable Offenses / Crimes under Fla. Stat. 985.35

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.35.

Annotations, Discussions, Cases:

Cases from cite.case.law:

K. A. v. STATE, 152 So. 3d 117 (Fla. Dist. Ct. App. 2014)

. . . Section 985.35(4) allows a trial court to withhold adjudication and place a child who “has committed . . .

J. B. S. a v. STATE, 90 So. 3d 961 (Fla. Dist. Ct. App. 2012)

. . . sexual offenders, provides in pertinent part: (2) Following a delinquency adjudicatory hearing under s. 985.35 . . . Following a delinquency adjudicatory hearing under s. 985.35 and a delinquency disposition hearing under . . .

D. F. v. STATE, 87 So. 3d 49 (Fla. Dist. Ct. App. 2012)

. . . Where, as here, the trial court withholds adjudication of delinquency, see § 985.35(4)(a), it may impose . . .

UNITED STATES v. CORTES, a. k. a. a. k. a., 427 F. App'x 803 (11th Cir. 2011)

. . . . § 985.0301(1) (conferring jurisdiction), § 985.35 (providing for adjudicatory hearings in juvenile . . .

K. J. F. a v. STATE, 44 So. 3d 1204 (Fla. Dist. Ct. App. 2010)

. . . juvenile sexual offender” is defined as follows: (a) A juvenile who has been found by the court under s. 985.35 . . . See § 985.35(4)-(5) (indicating that a court may either withhold adjudication or impose adjudication . . .

M. A. R. v. STATE, 67 So. 3d 232 (Fla. Dist. Ct. App. 2010)

. . . See § 985.35(6), Fla. Stat. (2008); State v. N.P., 913 So.2d 1, 2 (Fla. 2d DCA 2005); D.A. v. . . . conviction’ is used in chapter 322” and except for use in subsequent proceedings under chapter 985. § 985.35 . . . See § 985.35(4)-(6); State v. . . .

R. F. v. STATE, 42 So. 3d 333 (Fla. Dist. Ct. App. 2010)

. . . See §§ 985.35(4)(a), .435(1), (5), .455(1), (3); N.W. v. . . . 767 So.2d at 446, 448, and J.M.W., 935 So.2d at 631, the courts applied prior versions of sections 985.35 . . .

E. L. F. v. STATE, 33 So. 3d 760 (Fla. Dist. Ct. App. 2010)

. . . See § 985.35.(2)(a), Fla. . . .

D. A. a v. STATE, 11 So. 3d 423 (Fla. Dist. Ct. App. 2009)

. . . See § 985.35(6), Fla. Stat. (2007) ; see also A.M.P. v. . . . Section 985.35(6), Florida Statutes (2007) reads in relevant part: Excepl as the term "conviction” is . . .

E. A. R. a v. STATE, 4 So. 3d 614 (Fla. 2009)

. . . See §§ 985.03(2), 985.35, Fla. Stat. (2007); Fla. R. Juv. P. 8.110. . . .

CLIMATIC RAINWEAR, CO. v. UNITED STATES, 88 F. Supp. 415 (Ct. Cl. 1950)

. . . pay this sum and defendant withheld $33,009.00 by a “no-payment” voucher of June 9, 1945, and $20,-985.35 . . .