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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to time limitations for 2
preadjudicatory juvenile detention care; amending s. 3
985.24, F.S.; authorizing a court to order a child on 4
supervised release detention care to comply with 5
specified conditions; authorizing a dependent child 6
with an allegation of delinquency to be placed in 7
secure detention care; amending s. 985.26, F.S.; 8
authorizing a court to place a child on supervised 9
release detention care for any time period; providing 10
an exception; specifying the time period for which a 11
court may order a child to be held in secure detention 12
care under certain circumstances; authorizing a court 13
to extend the time period for secure detentio n care 14
under certain circumstances; requiring a court to make 15
specified findings; requiring a court to conduct a 16
hearing to determine the continued need for secure 17
detention care in certain circumstances; revising time 18
limitations resulting from a continua nce; removing 19
provisions relating to supervised release detention 20
care and its exclusion from specified time 21
limitations; authorizing specified entities to conduct 22
electronic monitoring; providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Subsections (2) through (4) of section 985.24, 27
Florida Statutes, are renumbered as subsections (3) through (5), 28
respectively, a new subsection (2) is added to that section, and 29
present subsection (3) is amended, to re ad: 30
985.24 Use of detention; prohibitions. — 31
(2) A child who is placed on supervised release detention 32
care may be required to comply with any available condition 33
established by the department or ordered by the court, including 34
electronic monitoring, if the court finds such a condition is 35
necessary to preserve public safety or to ensure the child's 36
safety or appearance in court. 37
(4)(3) A child who is alleged to be dependent under 38
chapter 39, but who is not alleged to have committed a 39
delinquent act or violation of law, may not, under any 40
circumstances, be placed into secure detention care. 41
Section 2. Subsections (2), (3), and (4) of section 42
985.26, Florida Statutes, are amended, and subsection (7) is 43
added to that section, to read: 44
985.26 Length of detention.— 45
(2)(a)1. A court may order a child to be placed on 46
supervised release detention care for any time period until an 47
adjudicatory hearing is completed. However, if a child has 48
served 60 days on supervised release detention care, the court 49
must conduct a hearing within 15 days after the 60th day, to 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
determine the need for continued supervised release detention 51
care. At the hearing, and upon good cause being shown that the 52
nature of the charge requires additional time for the 53
prosecution or defen se of the case or the totality of the 54
circumstances, including the preservation of public safety, 55
warrant an extension, the court may order the child to remain on 56
supervised release detention care until the adjudicatory hearing 57
is completed. 58
2. Except as provided in paragraph (b) or paragraph (c), a 59
child may not be held in secure detention care under a special 60
detention order for more than 21 days unless an adjudicatory 61
hearing for the case has been commenced in good faith by the 62
court. 63
3. This section does not prohibit a court from 64
transitioning a child to and from secure detention care and 65
supervised release detention care, including electronic 66
monitoring, when the court finds such a placement necessary, or 67
no longer necessary, to preserve public sa fety or to ensure the 68
child's safety, appearance in court, or compliance with a court 69
order. Each period of secure detention care or supervised 70
release detention care counts toward the time limitations in 71
this subsection whether served consecutively or 72
nonconsecutively. 73
(b) Upon good cause being shown that the nature of the 74
charge requires additional time for the prosecution or defense 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the case or the totality of the circumstances, including the 76
preservation of public safety, warrant an extension , the court 77
may extend the length of secure detention care for an additional 78
up to an additional 21 9 days if the child is charged with an 79
offense which that would be, if committed by an adult, would be 80
a capital felony, a life felony, a felony of the first degr ee or 81
the second degree, or a felony of the third second degree 82
involving violence against any individual. The court may 83
continue to extend the period of secure detention care in 84
increments of up to 21 -days each by conducting a hearing before 85
the expiration of the current period to determine the need for 86
continued secure detention of the child. At the hearing, the 87
court must make the required findings in writing to extend the 88
period of secure detention. If the court extends the time period 89
for secure detention care, it shall ensure an adjudicatory 90
hearing for the case commences as soon as is reasonably possible 91
considering the totality of the circumstances. The court shall 92
prioritize the efficient disposition of cases in which the child 93
has served 60 or more days in secure detention care. 94
(c) A prolific juvenile offender under s. 985.255(1)(f) 95
shall be placed on supervised release detention care with 96
electronic monitoring or in secure detention care under a 97
special detention order until disposition. If sec ure detention 98
care is ordered by the court, it must be authorized under this 99
part and may not exceed: 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Twenty-one days unless an adjudicatory hearing for the 101
case has been commenced in good faith by the court or the period 102
is extended by the court purs uant to paragraph (b); or 103
2. Fifteen days after the entry of an order of 104
adjudication. 105
106
As used in this paragraph, the term "disposition" means a 107
declination to file under s. 985.15(1)(h), the entry of nolle 108
prosequi for the charges, the filing of an indictment under s. 109
985.56 or an information under s. 985.557, a dismissal of the 110
case, or an order of final disposition by the court. 111
(d) A prolific juvenile offender under s. 985.255(1)(f) 112
who is taken into cu stody for a violation of the conditions of 113
his or her supervised release detention must be held in secure 114
detention until a detention hearing is held. 115
(3) Except as provided in subsection (2), a child may not 116
be held in detention care for more than 15 da ys after following 117
the entry of an order of adjudication. 118
(4)(a) The time limits in subparagraph (2)(a)2. 119
subsections (2) and subsection (3) do not include periods of 120
delay resulting from a continuance granted by the court for 121
cause on motion of the chil d or his or her counsel or of the 122
state. Upon the issuance of an order granting a continuance for 123
cause on a motion by either the child, the child's counsel, or 124
the state, the court shall conduct a hearing at the end of each 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
72-hour period, excluding Satur days, Sundays, and legal 126
holidays, to determine the need for continued secure detention 127
of the child and the need for further continuance of proceedings 128
for the child or the state. 129
(b) The period for supervised release detention care under 130
this section is tolled on the date that the department or a law 131
enforcement officer alleges that the child has violated a 132
condition of the child's supervised release detention care until 133
the court enters a ruling on the violation. Notwithstanding the 134
tolling of supervised release detention care, the court retains 135
jurisdiction over the child for a violation of a condition of 136
supervised release detention care during the tolling period. If 137
the court finds that a child has violated his or her supervised 138
release detention car e, the number of days that the child served 139
in any type of detention care before commission of the violation 140
shall be excluded from the time limits under subsections (2) and 141
(3). 142
(7) Any electronic monitoring ordered by a court as a 143
condition of supervis ed release detention care under this 144
section may be supervised by the department, a law enforcement 145
agency, or the department and a law enforcement agency working 146
in partnership. However, nothing in this subsection requires a 147
law enforcement agency to supe rvise a child placed on electronic 148
monitoring. 149
Section 3. This act shall take effect July 1, 2022. 150