The Florida Senate

985.236  Order or decision when state appeals.--

(1)  When the state appeals from an order dismissing a delinquency petition, or a count thereof, or an order granting a new adjudicatory hearing, and the order is affirmed, the appellate court shall direct the court from which the appeal was taken to implement the order. If an order dismissing a delinquency petition, or a count thereof, is reversed, the appellate court shall direct the court from which the appeal is taken to permit the child to be tried on the reinstated petition or count thereof. If an order granting a new trial is reversed, the appellate court shall direct that judgment of adjudication be entered against the child.

(2)  When the state appeals from a ruling on a question of law adverse to the state, the appellate court shall decide the question.

History.--s. 5, ch. 90-208; s. 44, ch. 97-238.

Note.--Former s. 39.072.