- Dorothy Naumann
- Indian River County, FL
How Florida defines a juvenile for criminal purposes
Under Florida Statute 985.03, a child is defined as any person under the age of 18 who is alleged to have committed a delinquent act. Florida’s juvenile justice system is administered by the Department of Juvenile Justice (DJJ) and operates under a separate legal framework from the adult criminal courts.
The juvenile system is governed primarily by Florida Statute Chapter 985, which establishes the procedures for intake, detention, adjudication, and disposition of juvenile cases. The stated purpose of Chapter 985 is rehabilitation and reintegration, not punishment, though the statute also recognizes the need for public safety.
Intake and the decision to file a petition
When a juvenile is taken into custody, the case is referred to a DJJ intake officer. The intake officer reviews the circumstances of the offense and the juvenile’s history and recommends one of three courses of action: no further action, a civil citation or diversion program, or the filing of a delinquency petition with the court.
Florida Statute 985.12 establishes the civil citation program as an alternative to formal court processing for first-time misdemeanor offenders. Civil citation allows a juvenile to complete community service hours and other requirements without a formal court record.
Detention of juveniles under Florida law
Florida Statute 985.255 governs secure detention of juveniles. A juvenile may be held in secure detention when the intake officer determines the juvenile presents a risk of reoffending, absconding, or harming others before the court proceeding. A detention risk assessment instrument is used to make this determination.
A juvenile held in secure detention must have a detention hearing within 24 hours of being taken into custody, excluding Sundays and legal holidays, under Florida Statute 985.255(2). The court reviews the detention risk assessment at the hearing and determines whether continued detention is warranted.
Adjudication and disposition in juvenile court
A juvenile delinquency proceeding is not a criminal trial. The court holds an adjudicatory hearing rather than a trial. If the court finds the juvenile committed the delinquent act, it enters an adjudication of delinquency or, in some cases, withholds adjudication.
Following adjudication, the court holds a disposition hearing to determine the appropriate response. Options under Florida Statute 985.439 include probation, community service, mandatory counseling, residential commitment to a DJJ facility, or other conditions tailored to the juvenile’s circumstances.
Transfer to adult court under Florida law
Florida law allows for juveniles to be tried as adults in certain circumstances. Florida Statute 985.556 provides for discretionary transfer, where the State Attorney may request the juvenile court transfer the case to adult court after a hearing. Florida Statute 985.557 requires mandatory direct file, meaning the State Attorney files charges directly in adult court without a transfer hearing, for juveniles of certain ages charged with specified serious felonies.
A juvenile tried as an adult is subject to adult penalties and adult sentencing guidelines. A conviction in adult court results in an adult criminal record.
Frequently asked questions
Does a juvenile record in Florida follow you into adulthood?
Juvenile records in Florida are generally confidential under Florida Statute 985.04. Certain serious juvenile adjudications may be disclosed. Florida Statute 943.0515 governs the retention of juvenile records and provides for expunction of certain records when the person reaches adulthood.
Can a juvenile be charged as an adult in Florida?
Yes. Florida Statute 985.557 permits the State Attorney to file charges directly in adult court for juveniles 14 or older charged with certain violent felonies. Florida Statute 985.556 provides for discretionary transfer after a court hearing for other cases.
What is a diversion program for juveniles in Florida?
Diversion programs allow eligible juveniles to complete requirements such as community service, counseling, or restitution as an alternative to formal court proceedings. Successful completion may result in no formal record of the offense.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.