Florida Statute 985.494 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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985.494 Commitment programs for juvenile felony offenders.—

(1) Notwithstanding any other law and regardless of the child’s age, a child who is adjudicated delinquent, or for whom adjudication is withheld, for an act that would be a felony if committed by an adult, shall be committed to a maximum-risk residential program if the child has completed two different high-risk residential commitment programs. The commitment of a child to a maximum-risk residential program must be for an indeterminate period, but may not exceed the maximum term of imprisonment that an adult may serve for the same offense.

(2) In committing a child to the appropriate program, the court may consider an equivalent program of similar intensity as being comparable to a program required under subsection (1).

History.—s. 48, ch. 94-209; s. 12, ch. 96-398; s. 58, ch. 97-238; s. 11, ch. 2006-62; s. 62, ch. 2006-120; s. 21, ch. 2010-113; s. 8, ch. 2011-70.

Note.—Former s. 39.0584; s. 985.314.

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Amendments to 985.494

Annotations, Discussions, Cases:

Cases Citing Statute 985.494

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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

..., any third degree felony offense involving personal violence, grand theft auto, or the use of a weapon, or any other offense not eligible for arbitration, shall not be eligible for resolution of any current offense through community arbitration."); § 985.494 (providing specific commitment programs for "a child who is adjudicated delinquent, or for whom adjudication is withheld, for an act that would be a felony if committed by an adult"); § 985.513(2) (authorizing courts to require parents to...

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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

...any third degree felony offense involving personal violence, grand theft auto, or the use of a weapon, or any other offense not eligible for arbitration, shall not be eligible for resolution of any current offense through community arbitration.”); § 985.494 (providing specific commitment programs for “a child who is adjudicated delinquent, or for whom adjudication is withheld, for an act that would be a felony if committed by an adult”); § 985.513(2) (authorizing courts to require parent...

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MVK v. State, 93 So. 3d 521 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 12322, 2012 WL 3089400

...Our review of the record reveals that the trial court properly imposed a maximum-risk residential placement for Appellant, a minor who was adjudicated delinquent for committing grand theft auto and who had previously completed two different high-risk residential programs for other offenses. See § 985.494(1), Fla....

...programs.”). The trial court correctly rejected the arguments raised below that it had to explain its reasons for deviating from the recommendation of the Department of Juvenile Justice pursuant to E.A.R. v. State, 4 So.3d 614 (Fla.2009), and that section 985.494 pertains only to juvenile sexual offenders....