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Florida Statute 985.35 - Full Text and Legal Analysis
Florida Statute 985.35 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 985.35 Case Law from Google Scholar Google Search for Amendments to 985.35

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
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 CourtListener

Amendments to 985.35


Annotations, Discussions, Cases:

Cases Citing Statute 985.35

Total Results: 15  |  Sort by: Relevance  |  Newest First

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D.A. v. State, 11 So. 3d 423 (Fla. 4th DCA 2009).

Cited 20 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 4475

...Commission, if requested by such agencies. These costs shall be included and entered in the judgment rendered against the convicted person. A juvenile who has been adjudicated delinquent has not been “convicted,” and is not a “criminal.” See § 985.35(6), Fla....
...oncluding that imposing such surcharges would conflict with the legislative intent in creating a separate juvenile justice system). Accordingly, we reverse the order imposing costs of prosecution on D.A. Reversed. POLEN and STEVENSON, JJ., concur. . Section 985.35(6), Florida Statutes (2007) reads in relevant part: *424 Excepl 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...
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DA v. State, 11 So. 3d 423 (Fla. 4th DCA 2009).

Cited 10 times | Published | Florida 4th District Court of Appeal | 2009 WL 1311064

...ervices Commission, if requested by such agencies. These costs shall be included and entered in the judgment rendered against the convicted person. A juvenile who has been adjudicated delinquent has not been "convicted," and is not a "criminal." See § 985.35(6), Fla....
...g that imposing such surcharges would conflict with the legislative intent in creating a separate juvenile justice system). Accordingly, we reverse the order imposing costs of prosecution on D.A. Reversed. POLEN and STEVENSON, JJ., concur. NOTES [1] Section 985.35(6), Florida Statutes (2007) reads in relevant part: 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...
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KJF v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2010 WL 3783340

...Most notably, in section 985.475, the Legislature provided for a treatment plan for "juvenile sexual offenders," which encompass a broader set of offenders. Under this section, a "juvenile sexual offender" is defined as follows: (a) A juvenile who has been found by the court under s. 985.35 to have committed a violation of chapter 794, chapter 796, chapter 800, s....
...enile sexual offender," as opposed to a "sexual offender." The only requirement is for the juvenile to be "found to have committed" certain acts. See § 985.475(1). Such a finding occurs regardless of whether adjudication is imposed or withheld. See § 985.35(4)-(5) (indicating that a court may either withhold adjudication or impose adjudication *1211 after finding that the child has committed a delinquent act)....
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E.L.F. v. State, 33 So. 3d 760 (Fla. 4th DCA 2010).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5291

...In this circumstance it was necessary for the State to present rebuttal evidence disproving self defense beyond a reasonable doubt. Its failure to do so required a judgment of acquittal. Reversed for judgment of acquittal. GROSS, C.J., and CIKLIN, J„ concur. . See § 985.35.(2)(a), Fla....
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M.A.R. v. State, 67 So. 3d 232 (Fla. 2d DCA 2010).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 14002

...In this case, no such mandate appears. Section 316.1935(5) applies to defendants “convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4).” However, juveniles who have been adjudicated delinquent are not “convicted.” See § 985.35(6), Fla....
...ter.” In fact, the legislature has clearly explained that adjudications of delinquency do not constitute convictions “[ejxcept as the term ‘conviction’ is used in chapter 322” and except for use in subsequent proceedings under chapter 985. § 985.35(6)....
... It does not reference juveniles or adjudications of delinquency or withholds of adjudication of delinquency. Furthermore, juvenile courts do not “suspend, defer, or withhold adjudication of guilt”; they adjudicate or withhold delinquency. See § 985.35(4)-(6); State v....
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K.A. v. State, 152 So. 3d 117 (Fla. 2d DCA 2014).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 19629, 2014 WL 6789898

...State, 811 So.2d 700, 701 (Fla. 2d DCA 2002). Since K.A. was adjudicated delinquent in December 2012, her probation for improper exhibition of a firearm should have terminated in December 2013. As for the battery charge, the court withheld an adjudication of delinquency. Section 985.35(4) allows a trial court to withhold adjudication and place a child who “has committed a delinquent act” on probation, but unlike section 985.435(5), this section does not provide for a limitation on the length of the probation....
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K.J.F. v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14532

...Most notably, in section 985.475, the Legislature provided for a treatment plan for “juvenile sexual offenders,” which encompass a broader set of offenders. Under this section, a “juvenile sexual offender” is defined as follows: (a) A juvenile who has been found by the court under s. 985.35 to have committed a violation of chapter 794, chapter 796, chapter 800, s....
...al offender,” as opposed to a “sexual offender.” The only requirement is for the juvenile to be “found to have committed” certain acts. See § 985.475(1). Such a finding occurs regardless of whether adjudication is imposed or withheld. See § 985.35(4)-(5) (indicating that a court may either withhold adjudication or impose ad *1211 judication after finding that the child has committed a delinquent act)....
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MAR v. State, 67 So. 3d 232 (Fla. 2d DCA 2010).

Published | Florida 2nd District Court of Appeal | 2010 WL 3655501

...In this case, no such mandate appears. Section 316.1935(5) applies to defendants "convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4)." However, juveniles who have been adjudicated delinquent are not "convicted." See § 985.35(6), Fla....
...this chapter." In fact, the legislature has clearly explained that adjudications of delinquency do not constitute convictions "[e]xcept as the term `conviction' is used in chapter 322" and except for use in subsequent proceedings under chapter 985. § 985.35(6)....
...tion." It does not reference juveniles or adjudications of delinquency or withholds of adjudication of delinquency. Furthermore, juvenile courts do not "suspend, defer, or withhold adjudication of guilt"; they adjudicate or withhold delinquency. See § 985.35(4)-(6); State v....
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T.e.b., a Child v. State of Florida (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

...proceeding under this chapter [juvenile delinquency proceedings], 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 . . . . § 985.35(6), Fla....
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T.e.b., a Child v. State of Florida (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

...t proceeding under this chapter [juvenile delinquency proceedings], 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. § 985.35(6), Fla....
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W.b., a Juv. v. The State of Florida (Fla. 3d DCA 2022).

Published | Florida 3rd District Court of Appeal

...“civil” label-of-convenience which has been attached to juvenile proceedings.’” Id. at 529 (quoting In re Gault, 387 U.S. 1, 50 (1967)). Instead, sufficient safeguards must be employed to ensure juvenile proceedings are “fundamentally fair.” § 985.35(2), Fla....
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T. v. U. v. State of Florida (Fla. 2d DCA 2025).

Published | Florida 2nd District Court of Appeal

...appeals from a disposition order finding that she committed the delinquent act of grand theft.1 Because the trial court erroneously admitted testimony about the contents of an unadmitted business 1 The court withheld adjudication. See § 985.35(4), Florida Statutes (2023) ("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 withho...
...buse of discretion." Baez-Ortiz v. State, 311 So. 3d 151, 154 (Fla. 2d DCA 2020). That discretion, however, "is limited by the rules of evidence and controlling decisions interpreting them." Roop v. State, 228 So. 3d 633, 639 (Fla. 2d DCA 2017); see § 985.35(2), Fla....
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K.A. v. State (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal

...2d DCA 2002). Since K.A. was adjudicated delinquent in December 2012, her probation for improper exhibition of a firearm should have terminated in December 2013. As for the battery charge, the court withheld an adjudication of delinquency. Section 985.35(4) allows a trial court to withhold adjudication and place a child who "has committed a delinquent act" on probation, but unlike section 985.435(5), this section does not provide for a limitation on the length of the probation....
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ELF v. State, 33 So. 3d 760 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 WL 1564040

...In this circumstance it was necessary for the State to present rebuttal evidence disproving self defense beyond a reasonable doubt. Its failure to do so required a judgment of acquittal. Reversed for judgment of acquittal. GROSS, C.J., and CIKLIN, J., concur. NOTES [1] See § 985.35.(2)(a), Fla....
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D.F. v. State, 87 So. 3d 49 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 5650, 2012 WL 1232006

...If a trial court adjudicates a child delinquent, juvenile probation may not exceed the maximum term the court could impose on an adult for the same offense. See § 985.435(5), .455(3), Fla. Stat. (2009). Where, as here, the trial court withholds adjudication of delinquency, see § 985.35(4)(a), it may impose probation until a juvenile's nineteenth birthday....