Senate Bill 1724
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 1724
By Senator Scott
31-1105-99 See HB
1 A bill to be entitled
2 An act relating to juvenile detention; amending
3 s. 985.211, F.S.; requiring a probable cause
4 affidavit or written report to be made within a
5 time certain; requiring such affidavit or
6 report to be filed with the clerk of circuit
7 court within a time certain; amending s.
8 985.215, F.S.; providing for increased holding
9 times for children charged with offenses of
10 certain severity; amending s. 985.218, F.S.;
11 requiring petitions for delinquency to be filed
12 within a time certain under certain
13 circumstances; authorizing the court to extend
14 such times under certain circumstances;
15 requiring release from custody under certain
16 circumstances; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsections (3), (4) and (6) of section
21 985.211, Florida Statutes, 1998 Supplement, are amended to
22 read:
23 985.211 Release or delivery from custody.--
24 (3) If the child is released, the person taking the
25 child into custody shall make a written report or probable
26 cause affidavit to the appropriate juvenile probation officer
27 within 24 hours after such release 3 days, stating the facts
28 and the reason for taking the child into custody. Such
29 written report or probable cause affidavit shall:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 1724
31-1105-99 See HB
1 (a) Identify the child, the parents, guardian, or
2 legal custodian, and the person to whom the child was
3 released.
4 (b) Contain sufficient information to establish the
5 jurisdiction of the court and to make a prima facie showing
6 that the child has committed a violation of law or a
7 delinquent act.
8 (4) A person taking a child into custody who
9 determines, pursuant to s. 985.215, that the child should be
10 detained or released to a shelter designated by the
11 department, shall make a reasonable effort to immediately
12 notify the parent, guardian, or legal custodian of the child
13 and shall, without unreasonable delay, deliver the child to
14 the appropriate juvenile probation officer or, if the court
15 has so ordered pursuant to s. 985.215, to a detention center
16 or facility. Upon delivery of the child, the person taking the
17 child into custody shall make a written report or probable
18 cause affidavit to the appropriate juvenile probation officer,
19 within 24 hours after such delivery. Such written report or
20 probable cause affidavit must:
21 (a) Identify the child and, if known, the parents,
22 guardian, or legal custodian.
23 (b) Establish that the child was legally taken into
24 custody, with sufficient information to establish the
25 jurisdiction of the court and to make a prima facie showing
26 that the child has committed a violation of law.
27 (6)(a) A copy of the probable cause affidavit or
28 written report made by the person taking the child into
29 custody a law enforcement agency shall be filed, by the law
30 enforcement agency which employs the person making such
31 affidavit or written report, with the clerk of the circuit
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 1724
31-1105-99 See HB
1 court for the county in which the child is taken into custody
2 or in which the affidavit or report is made within 24 hours
3 after the child is taken into custody and detained, within 1
4 week after the child is taken into custody and released, or
5 within 1 week after the affidavit or report is made, excluding
6 Saturdays, Sundays, and legal holidays. Such affidavit or
7 report is a case for the purpose of assigning a uniform case
8 number pursuant to this subsection.
9 (b) Upon the filing of a copy of a probable cause
10 affidavit or written report by a law enforcement agency with
11 the clerk of the circuit court, the clerk shall immediately
12 assign a uniform case number to the affidavit or report,
13 forward a copy to the state attorney, and forward a copy to
14 the intake office of the department which serves the county in
15 which the case arose.
16 (c) Each letter of recommendation, written notice,
17 report, or other paper required by law pertaining to the case
18 shall bear the uniform case number of the case, and a copy
19 shall be filed with the clerk of the circuit court by the
20 issuing agency. The issuing agency shall furnish copies to
21 the juvenile probation officer and the state attorney.
22 (d) Upon the filing of a petition based on the
23 allegations of a previously filed probable cause affidavit or
24 written report, the agency filing the petition shall include
25 the appropriate uniform case number on the petition.
26 Section 2. Subsection (5) of section 985.215, Florida
27 Statutes, 1998 Supplement, is amended to read:
28 985.215 Detention.--
29 (5)(a) A child may not be placed into or held in
30 secure, nonsecure, or home detention care for longer than 24
31 hours unless the court orders such detention care, and the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 1724
31-1105-99 See HB
1 order includes specific instructions that direct the release
2 of the child from such detention care, in accordance with
3 subsection (2). The order shall be a final order, reviewable
4 by appeal pursuant to s. 985.234 and the Florida Rules of
5 Appellate Procedure. Appeals of such orders shall take
6 precedence over other appeals and other pending matters.
7 (b) Except as provided in paragraph (e), a child may
8 not be held in secure, nonsecure, or home detention care under
9 a special detention order for more than 21 days unless an
10 adjudicatory hearing for the case has been commenced by the
11 court.
12 (c) Except as provided in paragraph (e), a child may
13 not be held in secure, nonsecure, or home detention care for
14 more than 15 days following the entry of an order of
15 adjudication.
16 (d) The time limits in paragraphs (b) and (c) do not
17 include periods of delay resulting from a continuance granted
18 by the court for cause on motion of the child or his or her
19 counsel or of the state. Upon the issuance of an order
20 granting a continuance for cause on a motion by either the
21 child, the child's counsel, or the state, the court shall
22 conduct a hearing at the end of each 72-hour period, excluding
23 Saturdays, Sundays, and legal holidays, to determine the need
24 for continued detention of the child and the need for further
25 continuance of proceedings for the child or the state.
26 (e) For good cause shown, the court may extend the
27 time limits for detention specified in paragraphs (b) and (c)
28 to 30 days if the child is charged with a capital felony, a
29 life felony, or a felony of the first degree and the nature of
30 the charge requires additional time for the prosecution or
31 defense of the case.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 1724
31-1105-99 See HB
1 Section 3. Subsection (1) of section 985.218, Florida
2 Statutes, 1998 Supplement, is amended to read:
3 985.218 Petition.--
4 (1) All proceedings seeking a finding that a child has
5 committed a delinquent act or violation of law shall be
6 initiated by the state by the filing of a petition for
7 delinquency by the state attorney. The petition for
8 delinquency shall be filed within 14 days after the arrest, or
9 within 25 days after the arrest if the state attorney
10 determines that forensic evidence is required. The time
11 periods may be extended by the court if the state seeks to
12 waive the juvenile to adult court or for other good cause. If
13 the petition is not filed within such time periods, the
14 juvenile shall be released from custody.
15 Section 4. This act shall take effect October 1, 1999.
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18 LEGISLATIVE SUMMARY
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Requires a probable cause affidavit or written report to
20 be made within 24 hours after taking a juvenile into
custody and a copy of the affidavit or report to be filed
21 with the clerk of the circuit court within 24 hours after
being made. Provides for holding for up to 30 days a
22 child charged with a capital felony, a life felony, or a
felony of the first degree and the nature of the charge
23 requires additional time for the prosecution or defense
of the case. Requires petitions for delinquency to be
24 filed within 14 days after the arrest, or within 25 days
after arrest if the state attorney determines that
25 forensic evidence is required.
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