Dependency Law Finder

1. Griffith v. State 654 So. 2d 936 · 4D91-0297 · 4th DCA 1995

   This opinion cites § 39.02 15 times, the section generally

   · cited by 9 in all courts

   …with a violation of law occurring prior to the time that person reached the age of 18 years." [ e.s. ] We then turn to the jurisdictional statute, section 39.02, which provides: "39.02 Jurisdiction. — "(1) The circuit court shall have exclusive original jurisdiction of proceedings in which a child is alleged to…

2. LeCroy v. State 533 So. 2d 750 · SC69484 · Florida Supreme Court 1988

   This opinion cites § 39.02 14 times, the section generally

   · cited by 31 in all courts

   …between right and wrong and the nature and consequences of his actions. Florida law generally recognizes distinctions between juveniles and adults but section 39.02(5)(c), Florida Statutes (1979-1987), mandates that a child of any age charged with a capital crime "shall be tried and handled in every respect as if he were an…

3. F.S.N. v. Joyce 384 So. 2d 720 · DCA80-792 · District Court of Appeal 1980

   This opinion cites § 39.02 12 times, the section generally

   · cited by 1 in all courts

   …1, the petitioner, joined by his mother, filed a motion seeking the transfer of his case to the county court for disposition as an adult pursuant to Section 39.02(5)(b), Florida Statutes (1979). 1 The following day an order was entered granting the motion and transferring the case to county court. On April 14, 1980,…

4. Tomlinson v. State 589 So. 2d 362 · 2D90-01459 · 2nd DCA 1991

   This opinion cites § 39.02 11 times, the section generally

   · cited by 7 in all courts

   …self-defense instruction was not fundamental error. State v. Smith, 573 So.2d 306 (Fla. 1990). Moreover, based upon the following analysis, section 39.02(5)(c)(3), Florida Statutes (1989), empowered the trial court to impose adult sanctions without resort to the procedural safeguards enumerated in section 39.111(7),…

5. Johnson v. State 314 So. 2d 573 · SC45764 · Florida Supreme Court 1975

   This opinion cites § 39.02 11 times, the section generally

   · cited by 42 in all courts

   …Circuit Judge. This is a direct appeal from the Circuit Court of Seminole County. The trial judge below directly passed on the constitutionality of Section 39.02(5)(c), Florida Statutes, thereby vesting jurisdiction in this court under Article V, Section 3(b)(1), Florida Constitution. Appellant, age fifteen (15), and an…

6. State v. Griffith 675 So. 2d 911 · SC85295 · Florida Supreme Court 1996

   This opinion cites § 39.02 10 times, the section generally

   · cited by 24 in all courts

   …questions certified to be of great public importance: I. IN THE PROSECUTION OF VIOLATIONS COMMITTED WHILE THE OFFENDER WAS UNDER THE AGE OF 16, DOES § 39.02, FLA.STAT. (1983), REQUIRE THAT SUCH CHARGES BE COMMENCED AGAINST A 22-YEAR OLD DEFENDANT IN ACCORDANCE WITH THE JUVENILE STATUTES? *912 II. DO THE…

7. Postell v. State 383 So. 2d 1159 · 3D79-1376 · 3rd DCA 1980

   This opinion cites § 39.02 10 times, the section generally

   · cited by 29 in all courts

   …jury for an offense punishable by death or life imprisonment is not a child who is transferred within the purview of Chapter 39, Florida Statutes. Section 39.02(5)(c), Florida Statutes (Supplement 1978), provides: "A child of any age charged with a violation of Florida law punishable by death or by life imprisonment shall…

8. Ringel v. State 352 So. 2d 88 · 4D76-2334 · 4th DCA 1977

   This opinion cites § 39.02 10 times, the section generally

   · cited by 11 in all courts

   …court was correct in finding that the indictment against Ringel alleged a violation of law punishable by death or life imprisonment as provided in Section 39.02(5)(c), Florida Statutes (1975). In a case of first impression, we affirm. Section 39.02(5)(c) makes provision for when a juvenile may be prosecuted as an adult: …

9. Brennan v. State 754 So. 2d 1 · SC90 · Florida Supreme Court 1999

   This opinion cites § 39.02 9 times, the section generally

   · cited by 28 in all courts

   …the legislative history regarding capital punishment and juveniles: Florida law generally recognizes distinctions between juveniles and adults but section 39.02(5)(c), Florida Statutes *16 (1979-1987), mandates that a child of any age charged with a capital crime "shall be tried and handled in every respect as if he…

10. Ritchie v. State 670 So. 2d 924 · SC85358 · Florida Supreme Court 1996

    This opinion cites § 39.02 9 times, the section generally

    · cited by 8 in all courts

    … Tomlinson , the court recognized, in accordance with Duke v. State, 541 So.2d 1170 (Fla.1989), that by deleting the word "indictment" from section 39.02(5)(d), Florida Statutes (Supp.1980), [4] and enacting section 39.02(5)(c)3., Florida Statutes (1981), [5] the legislature had created *927 sentencing criteria…

11. Lisak v. State 433 So. 2d 487 · SC61830 · Florida Supreme Court 1983

    This opinion cites § 39.02 9 times, the section generally

    · cited by 9 in all courts

    … Section 39.06(7), Florida Statutes (1979), gives the juvenile court general jurisdiction over all juveniles brought before the courts. However, Section 39.02(5)(c), Florida Statutes (1979), provides: A child of any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject…

12. Goodson v. State 392 So. 2d 1335 · 1DPP-126 · 1st DCA 1980

    This opinion cites § 39.02 9 times, the section generally

    · cited by 33 in all courts

    …a juvenile. Before imposing judgment, the trial court must conduct a disposition hearing to determine whether juvenile or adult sanctions are appropriate. § 39.02(6), Fla. Stat. (Supp. 1978) ... [I]f adult sanctions are imposed against a juvenile, he may still enjoy the benefit of the youthful offender act under chapter…

13. State v. Cain 381 So. 2d 1361 · SC56528 · Florida Supreme Court 1980

    This opinion cites § 39.02 8 times, the section generally

    · cited by 99 in all courts

    …39 of the Florida Statutes to temper the traditional prosecutorial prerogative of deciding what criminal offense to bring against whom. Under subsection 39.02(1), Florida Statutes (Supp. 1978), the juvenile division of the circuit court is vested with exclusive original jurisdiction over proceedings in which a "child"…

14. Smith v. State 316 So. 2d 552 · SC46168 · Florida Supreme Court 1975

    This opinion cites § 39.02 8 times, the section generally

    · cited by 7 in all courts

    …from judgment of the trial court adjudicating defendant guilty of murder in the first degree and assault with intent to commit murder and holding Section 39.02(6)(a), (b), (c), Florida Statutes, to be constitutional. We have jurisdiction pursuant to Article V, Section 3(b)(1), Constitution of Florida (1973). Appellant…

15. Duke v. State 541 So. 2d 1170 · SC72912 · Florida Supreme Court 1989

    This opinion cites § 39.02 7 times, the section generally

    · cited by 12 in all courts

    …district court found that an indictment for an offense punishable by death or life imprisonment did not constitute a "transfer" within the meaning of section 39.02(6), Florida Statutes (1985), and did not require compliance with section 39.111(6). The district court distinguished Goodson v. State, 392 So.2d 1335 (Fla.…

16. Dealto v. State 392 So. 2d 61 · DCA80-232 · District Court of Appeal 1981

    This opinion cites § 39.02 7 times, the section generally

    · cited by 2 in all courts

    …that section 39.-04(2)(e)4., Florida Statutes, authorizing a direct information as to a sixteen or seventeen year old offender, is in conflict with section 39.02(5)(c), Florida Statutes, which requires indictment for a life offense, and appellant also attacks the first statute as an ex post facto law. Appellant further…

17. State Department of Public Welfare v. Galilean Children's Home 102 So. 2d 388 · DCA242 · District Court of Appeal 1958

    This opinion cites § 39.02 7 times, the section generally

    · cited by 7 in all courts

    …court, in that the defendants have contended that the juvenile court has exclusive jurisdiction over “dependent children”. It is their contention that Section 39.02(1), Fla.Stat. 1955, F.S.A., precludes the jurisdiction of the circuit court, because of the following language: “The juvenile court shall have exclusive…

18. Robidoux v. Coker 383 So. 2d 719 · 4D80-197 · 4th DCA 1980

    This opinion cites § 39.02 6 times, the section generally

    · cited by 11 in all courts

    …regard to two counts of an indictment which also charged petitioner with an offense punishable by death or life imprisonment in a separate count. Section 39.02, Florida Statutes (1979) provides that upon indictment on a violation of Florida law punishable by death or life imprisonment, a child shall be tried as an…

19. McCarver v. State 379 So. 2d 979 · 5D79-276/T4-390 · 5th DCA 1980

    This opinion cites § 39.02 6 times, the section generally

    · cited by 5 in all courts

    …the defendant had been charged with a felony punishable by life imprisonment, the State intended to present this matter to the grand jury, and that under Sec. 39.02(5)(c), F.S., no adjudicatory hearing could be held within 14 days from the date the child was taken into custody unless the State Attorney advised the Court in…

20. State v. Robinson 336 So. 2d 437 · 2D75-1506 · 2nd DCA 1976

    This opinion cites § 39.02 6 times, the section generally

    · cited by 10 in all courts

    …occurring prior to the time that person reached the age of 18 years, and which charge has not yet been disposed of ( except those charged under Fla. Stat. § 39.02 (5)(c) and § 39.09(2)), shall be transferred to the juvenile division for the circuit in which he was charged and shall thereafter be treated in that case in…

21. Division of Family Services v. State 319 So. 2d 72 · 1DX-102 · 1st DCA 1975

    This opinion cites § 39.02 6 times, the section generally

    · cited by 15 in all courts

    …responsibility in custody matters. Indeed, virtually every section of that chapter refers to the "court", its powers, duties and responsibilities. F.S. 39.02(1) provides in material part: "The circuit court shall have exclusive original jurisdiction of proceedings in which a child is alleged to be dependent,…

22. C.S. v. Brown 553 So. 2d 317 · DCA89-2859 · District Court of Appeal 1989

    This opinion cites § 39.02 5 times, the section generally

    · cited by 1 in all courts

    …Statutes. This is one of four methods by which a juvenile may be tried as an adult. The others are upon the demand of the child and his parent or guardian, § 39.02(5)(b), Fla. Stat.; after a waiver hearing, id. § 39.02(5)(a); or by indictment if the child is charged with a crime punishable by death or life imprisonment, id.…

23. Duke v. State 529 So. 2d 341 · DCABR-344 · District Court of Appeal 1988

    This opinion cites § 39.02 5 times, the section generally

    · cited by 1 in all courts

    … State v. Goodson, 403 So.2d 1337 (Fla.1981), and State v. Upshaw, 469 So.2d 922 (Fla. 3d DCA 1985). 1 The State contends that under section 39.02(5)(c)l, Florida Statutes (1985), a child charged by indictment with a crime punishable by death or life imprisonment “shall be tried and handled in every respect as…

24. State v. King 426 So. 2d 12 · SC60857 · Florida Supreme Court 1982

    This opinion cites § 39.02 5 times, the section generally

    · cited by 92 in all courts

    …be tried as an adult and exposed to more severe adult criminal penalties. First, the child, joined by a parent or guardian, may demand trial as an adult. § 39.02(5)(b), Fla. Stat. (1981). Second, the judge responsible for juvenile proceedings may certify a case for adult trial if the child was at least fourteen years old…

25. Bailey v. State 403 So. 2d 1106 · DCA80-393 · District Court of Appeal 1981

    This opinion cites § 39.02 5 times, the section generally

    · cited by 3 in all courts

    …Pearson v. Johnson. Failure by appellant to do so waived any error by the court in not following the procedures of section 39.111(6) at that time. Section 39.02(5)(d) provides as follows: Once a child has been transferred for criminal prosecution pursuant to a waiver hearing, indictment, or information and has been found…

26. Roberts v. State 335 So. 2d 285 · SC46468 · Florida Supreme Court 1976

    This opinion cites § 39.02 5 times, the section generally

    · cited by 32 in all courts

    …jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution, in that the trial court initially and directly passed upon the validity of Section 39.02(5) (c), Florida Statutes. Appellant, a 15-year-old boy, was tried as an adult and convicted of rape in the Circuit Court in and for Dade County. The trial…

27. Washington v. State 642 So. 2d 61 · 3D94-5 · 3rd DCA 1994

    This opinion cites § 39.02 4 times, the section generally

    · cited by 5 in all courts

    …pursuant to a waiver hearing, indictment or information, was entitled to written reasons and findings of fact to justify adult sanctions. See sections 39.02 [2] (5)(d) & (6) Fla. Stat. (1979). Chapter 81-269, section 1, Laws of Florida, amended section 39.02(5)(d) by deleting the word "indictment" and creating…

28. Whittington v. State 543 So. 2d 317 · 1D88-1399 · 1st DCA 1989

    This opinion cites § 39.02 4 times, the section generally

    · cited by 4 in all courts

    …for adult disposition of a previous case did not warrant the juvenile's treatment as an adult for subsequent offenses, upon authority of now repealed section 39.02(5)(d), Florida Statutes (1979), which provided that once a child had been transferred for disposition of his case as an adult pursuant to a waiver hearing,…

29. State v. Upshaw 469 So. 2d 922 · DCA83-1614 · District Court of Appeal 1985

    This opinion cites § 39.02 4 times, the section generally

    · cited by 2 in all courts

    … ch. 958, Fla.Stat. (1981). The state contends that the trial court erred in sentencing the defendant as a youthful offender. The state relies on section 39.02(5)(c)3., Fla.Stat. (1981), which provides in part: If the child is found to have committed the offense punishable by death or by life imprisonment, the child shall…

30. State ex rel. Register v. Safer 368 So. 2d 620 · 1DMM-374 · 1st DCA 1979

    This opinion cites § 39.02 4 times, the section generally

    · cited by 19 in all courts

    …entered an order relinquishing jurisdiction. No such order has been entered by the Juvenile Division in this case. Defendant relies upon wording of Section 39.02, Florida Statutes, which is part of Chapter 39, known as the Florida Juvenile Justice Act, and which became effective October 1, 1978. Section 39.02 is…

31. O'Connell v. O'Connell 138 So. 2d 83 · DCA2626 · District Court of Appeal 1962

    This opinion cites § 39.02 4 times, the section generally

    · cited by 3 in all courts

    …divorced parents without there being any question of ‘dependency’ or ‘delinquency’ of the child to invoke the jurisdiction of the Juvenile Court ? ” Section 39.02, Florida Statutes, 1961, F. S.A., defines the jurisdiction of the juvenile courts and provides that the juvenile court shall have the exclusive original…

32. State ex rel. Watson v. Rogers 86 So. 2d 645 · CL1134057 · Florida Supreme Court 1956

    This opinion cites § 39.02 4 times, the section generally

    · cited by 10 in all courts

    …care, custody and control. The answer to this question turns on the interpretation of Sections 11 and 50, Article V of the Constitution, F.S.A., and F.S. § 39.02(1), F.S.A., the pertinent parts of which are as follows: "39.02(1). The juvenile court shall have exclusive original jurisdiction of dependent and delinquent…

33. Washington v. State 642 So. 2d 61 · DCA94-5 · District Court of Appeal 1994

    This opinion cites § 39.02 3 times, the section generally

    · cited by 1 in all courts

    …pursuant to a waiver hearing, indictment or information, was entitled to written reasons and findings of fact to justify adult sanctions. See sections -39.02 2 (5)(d) & (6) Fla.Stat. (1979). Chapter 81-269, section 1, Laws of Florida, amended section 39.-02(5)(d) by deleting the word “indictment” and creating…

34. State v. A.N.F. 413 So. 2d 146 · 5D81-844 · 5th DCA 1982

    This opinion cites § 39.02 3 times, the section generally

    …the petition in the juvenile system. On May 28, 1981, the juvenile court granted appellee's motion to dismiss for lack of jurisdiction. Subsections 39.02(1) and (2) give the Juvenile Division of the Circuit Court "exclusive original jurisdiction" over proceedings in which a child or a person who was a child at the…

35. State v. A.N.F. 413 So. 2d 146 · DCA81-844 · District Court of Appeal 1982

    This opinion cites § 39.02 3 times, the section generally

    · cited by 9 in all courts

    …the petition in the juvenile system. On May 28, 1981, the juvenile court granted appellee’s motion to dismiss for lack of jurisdiction. Subsections 39.02(1) and (2) give the Juvenile Division of the Circuit Court “exclusive original jurisdiction” over proceedings in which a child or a person who was a child at the…

36. Hubbard v. State 411 So. 2d 1312 · 1DVV-439 · 1st DCA 1982

    This opinion cites § 39.02 3 times, the section generally

    · cited by 17 in all courts

    … Hubbard was seventeen years old and subject to the jurisdiction of the juvenile justice system when the crime occurred on July 18, 1977. Section 39.01(4), 39.02, Florida Statutes (1977). At the time, a juvenile could be involuntarily transferred into the adult criminal justice system in two ways: pursuant to a waiver…

37. Johnson v. State 379 So. 2d 704 · 3D79-82 · 3rd DCA 1980

    This opinion cites § 39.02 3 times, the section generally

    · cited by 5 in all courts

    …degree, the criminal division of the circuit court lacks jurisdiction to try the juvenile on the lesser offense. In so holding, this court said: "By § 39.02(5)(c), Fla. Stat., F.S.A., a juvenile charged by a grand jury indictment with violation of a Florida law punishable by death or life imprisonment is to be handled…

38. State v. In the Interest of C.B.K. 362 So. 2d 354 · 1DHH-300 · 1st DCA 1978

    This opinion cites § 39.02 3 times, the section generally

    · cited by 3 in all courts

    …that it was without jurisdiction to entertain the petition or to adjudicate the child delinquent on the charge, holding: “This Court finds that Section 39.02, Florida Statutes, (1975) grants to the Circuit Court as pertains to juveniles original jurisdiction of procedures in which a child is alleged to be dependent…

39. E.H.N. v. Willis 350 So. 2d 829 · 1DGG-454 · 1st DCA 1977

    This opinion cites § 39.02 3 times, the section generally

    · cited by 7 in all courts

    …and certification by the juvenile division. The adult division was of the opinion that this action placed the minor in adult status under that part of Section 39.02(5)(a), Florida Statutes (1975), which provides that after entry of an order of waiver, "thereafter the child shall be subject to the jurisdiction of the appropriate…

40. McCloud v. State 335 So. 2d 257 · SC48710 · Florida Supreme Court 1976

    This opinion cites § 39.02 3 times, the section generally

    · cited by 74 in all courts

    …and robbery. Our appellate jurisdiction is properly invoked inasmuch as the trial court directly passed upon and upheld the constitutionality of Section 39.02(5)(c), Florida Statutes (1975), [1] which directs that minors be tried as adults following an indictment for certain major felonies. McCloud was a minor when an…

41. State v. Golden 350 So. 2d 344 · SC46321 · Florida Supreme Court 1976

    This opinion cites § 39.02 3 times, the section generally

    · cited by 1 in all courts

    …intended or used for the detention of adults, except: "1. a. When jurisdiction of the matter as a juvenile case has been waived or removed pursuant to § 39.02(6), or "b. When the court determines, upon the recommendation of the superintendent of the detention home and an intake officer, that the child is beyond the…

42. Department of Health & Rehabilitative Services v. Golden 350 So. 2d 344 · SC46321-2 · Florida Supreme Court 1976

    This opinion cites § 39.02 3 times, the section generally

    · cited by 11 in all courts

    …intended or used for the detention of adults, except: “1. a. When jurisdiction of the matter as a juvenile case has been waived or removed pursuant to § 39.02(6), or “b. When the court determines, upon the recommendation of the superintendent of the detention home and an intake officer, that the child is beyond the…

43. State v. Meagher 323 So. 2d 26 · DCA75-414 · District Court of Appeal 1975

    This opinion cites § 39.02 3 times, the section generally

    · cited by 1 in all courts

    … Fla., 4 DCA, 217 So.2d 591 (1968); Fixel v. Clevenger, Fla., 3 DCA, 285 So.2d 687 (1973). When read with this connotation, the intent of Section 39.02(5) (c) is clear. In any case where a child is charged with a violation of Florida law punishable by death or by life imprisonment, the State has fourteen days to…

44. State v. R.E.F. 251 So. 2d 672 · 1DO-416 · 1st DCA 1971

    This opinion cites § 39.02 3 times, the section generally

    · cited by 1 in all courts

    …the basis for former jeopardy as a bar to a subsequent prosecution of a child for the act found to constitute the basis for his delinquency. F.S. Section 39.02(6) (a), F.S.A., of the juvenile court act permissively authorizes a juvenile judge to waive its jurisdiction of a proceeding brought against a juvenile 14 years…

45. State v. R.E.F. 251 So. 2d 672 · DCAO-416 · District Court of Appeal 1971

    This opinion cites § 39.02 3 times, the section generally

    · cited by 11 in all courts

    …the basis for former jeopardy as a bar to a subsequent prosecution of a child for the act found to constitute the basis for his delinquency. F.S. Section 39.02(6) (a), F.S.A., of the juvenile court act permissively authorizes a juvenile judge to waive its jurisdiction of a proceeding brought against a juvenile 14 years…

46. Ritchie v. State 651 So. 2d 167 · 1D94-1866 · 1st DCA 1995

    This opinion cites § 39.02 2 times, the section generally

    · cited by 4 in all courts

    …good common sense to provide the more culpable person with greater procedural protections prior to adult sentencing. NOTES [1] Prior to 1991, section 39.02(5)(c)(3)(c) provided the court could sentence the child "[a]s an adult," but in 1991 the statute was renumbered and amended to add the reference to section 39.059(7)(c), …

47. Kazakoff v. State 642 So. 2d 596 · 2D93-02681 · 2nd DCA 1994

    This opinion cites § 39.02 2 times, the section generally

    · cited by 7 in all courts

    …law, ... . In Robinson v. State, 514 So.2d 1144 (Fla. 1st DCA 1987), the court construed the identical language of this statute's predecessor, section 39.02(5)(d), Florida Statutes (1985), in determining what constitutes a "subsequent violation of Florida law." It observed that "[u]nder the clear language of the…

48. C.L.S. v. State 586 So. 2d 1173 · 1D90-3532 · 1st DCA 1991

    This opinion cites § 39.02 2 times, the section generally

    …of this cause is the Second District Court of Appeal. We cannot presume that the legislature did not envision a result such as this when it enacted § 39.02(3)(a), Florida Statutes (1989), authorizing transfer of the delinquency proceeding to the child's home county, prior to disposition of the case. Accordingly, we…

49. Interest of C.L.S. v. State 586 So. 2d 1173 · 2D90-3532 · 2nd DCA 1991

    This opinion cites § 39.02 2 times, the section generally

    · cited by 9 in all courts

    …of this cause is the Second District Court of Appeal. We cannot presume that the legislature did not envision a result such as this when it enacted § 39.02(3)(a), Florida Statutes (1989), authorizing transfer of the delinquency proceeding to the child’s home county, prior to disposition of the case. Accordingly, we…

50. Boudreau v. State 546 So. 2d 1152 · DCA88-01809 · District Court of Appeal 1989

    This opinion cites § 39.02 2 times, the section generally

    · cited by 4 in all courts

    …provisions requiring written sentencing criteria. However, underlying the decision in Duke is the 1981 deletion of the word “indictment” from section 39.02(5)(d), which still reads, “Once a child has been transferred for criminal prosecution pursuant to a waiver hearing or information ...” (emphasis supplied). Ch.…

51. Robinson v. State 514 So. 2d 1144 · DCABQ-172 · District Court of Appeal 1987

    This opinion cites § 39.02 2 times, the section generally

    · cited by 2 in all courts

    …prior adult conviction for petit theft rendered any judicial consideration of juvenile sentencing for the grand theft completely inappropriate under section 39.02(5)(d), Florida Statutes. Section 39.02(5)(d) provides as follows: Once a child has been transferred for criminal prosecution pursuant to a waiver hearing or…

52. In the Interest of C.L.D. v. Beauchamp 464 So. 2d 1264 · DCABD-318 · District Court of Appeal 1985

    This opinion cites § 39.02 2 times, the section generally

    · cited by 5 in all courts

    …petition. Initially, respondent concedes the order which attempted to extend jurisdiction beyond the petitioner’s nineteenth birthday is void. Section 39.02(4), Florida Statutes (1983), provides, in pertinent part: [W]hen the jurisdiction of any child who is alleged to have committed a delinquent act is obtained,…

53. State v. DeGarmo 454 So. 2d 600 · DCA83-1478 · District Court of Appeal 1984

    This opinion cites § 39.02 2 times, the section generally

    · cited by 1 in all courts

    …and we reverse in that respect. On the other hand, the minor’s plea in the delinquency proceeding in regard to aggravated assault was not void under section 39.02(5)(e), Florida Statutes (1983), 1 because that crime is not a capital or life offense. See Lisak v. State, 433 So.2d 487 (Fla.1983). AFFIRMED in part;…

54. D.C.W. v. State 445 So. 2d 333 · SC62633 · Florida Supreme Court 1984

    This opinion cites § 39.02 2 times, the section generally

    …attorney apparently believed there were grounds to treat petitioner as an adult and proceed against him in the criminal division of the circuit court. See § 39.02(5)(c), Fla. Stat. (Supp. 1980). [1] Therefore, initially no petition for adjudication of delinquency was filed. On March 18, 1981, forty-three days after…

55. D.C.W. v. State 445 So. 2d 333 · SC62633-2 · Florida Supreme Court 1984

    This opinion cites § 39.02 2 times, the section generally

    · cited by 13 in all courts

    …attorney apparently believed there were grounds to treat petitioner as an adult and proceed against him in the criminal division of the circuit court. See § 39.02(5)(c), Fla.Stat. (Supp. 1980). 1 Therefore, initially no petition for adjudication of delinquency was filed. On March 18, 1981, forty-three days after petitioner…

56. Myers v. State 442 So. 2d 272 · DCAAQ-104 · District Court of Appeal 1983

    This opinion cites § 39.02 2 times, the section generally

    · cited by 2 in all courts

    …by this appeal is whether appellant, a minor indicted by a grand jury for two counts of first-degree murder, was “transferred” within the meaning of section 39.02(5)(d), Florida Statutes (Supp.1982), and thus entitled to findings of fact by the trial court as to why he should not be sentenced as a juvenile. We hold that such…

57. State v. Lisak 409 So. 2d 1149 · DCA80-2119 · District Court of Appeal 1982

    This opinion cites § 39.02 2 times, the section generally

    · cited by 1 in all courts

    … Section 39.06(7), Florida Statutes (1979), gives the juvenile court general jurisdiction over all juveniles brought before the courts. However, Section 39.02(5)(c), Florida Statutes (1979), provides: A child of any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject…

58. Judge v. State 408 So. 2d 831 · 4D79-2171 · 4th DCA 1982

    This opinion cites § 39.02 2 times, the section generally

    · cited by 2 in all courts

    …because Judge was not transferred from the juvenile division of the circuit court to the criminal division of that court, within the meaning of Section 39.02, Florida Statutes (1979), since the robbery charge was lodged against her by means of indictment, and an indictment is not a means of transferring…

59. King v. State 425 So. 2d 1379 · DCA80-1208 · District Court of Appeal 1981

    This opinion cites § 39.02 2 times, the section generally

    · cited by 3 in all courts

    …subject to four exceptions: (1) after a waiver hearing a juvenile judge may certify a child fourteen years of age or older for trial as an adult, Section 39.02(5)(a); (2) a child, joined by his parent or guardian, may demand to be tried as an adult, Section 39.-02(5)(b); (3) a child, if age sixteen or seventeen at the time…

60. State v. Perez 400 So. 2d 91 · 3D80-948 · 3rd DCA 1981

    This opinion cites § 39.02 2 times, the section generally

    · cited by 8 in all courts

    …On February 29, 1980, the defendant, ORTIZ, filed a Motion for Discharged relying on the Florida Rule of Juvenile Procedure 8.180 and Florida Statute Section 39.02(5)(d). 8. This Motion was orally granted by this Court on February 29, 1980. No written order was rendered at that time. 9. On March 5, 1980, the State timely…

61. Collins v. State 381 So. 2d 328 · DCA78-2106/T4-226 · District Court of Appeal 1980

    This opinion cites § 39.02 2 times, the section generally

    · cited by 3 in all courts

    …alleging the trial court was without jurisdiction to try appellant because the statute governing waiver of jurisdiction had not been complied with. Sec. 39.02, Fla.Stat. (1975). The issue on appeal is whether a juvenile charged by an information with a life felony can be waived to the criminal division of the…

62. Whidden v. State 374 So. 2d 543 · 2D78-1346 · 2nd DCA 1979

    This opinion cites § 39.02 2 times, the section generally

    · cited by 9 in all courts

    …that since the grand jury had indicted appellant for a crime for which he could be imprisoned for life, he was not entitled to a waiver hearing under Section 39.02(5)(c), Florida Statutes (1977). [1] Implicit in this contention was the argument that there was no distinction between robbery and attempted robbery so that the…

63. Johnson v. State 371 So. 2d 556 · 2D79-106 · 2nd DCA 1979

    This opinion cites § 39.02 2 times, the section generally

    · cited by 31 in all courts

    …the statute clearly states that the criteria to be considered and the guidelines to be followed are to be deemed mandatory. § 39.111(6)(j); See also § 39.02(5)(a) and (6). Accordingly, the judgment is affirmed, but the sentence is vacated and the cause remanded for resentencing pursuant to the provisions of Section…

64. In Interest of S.E.B. 365 So. 2d 451 · 1DKK-20 · 1st DCA 1978

    This opinion cites § 39.02 2 times, the section generally

    · cited by 8 in all courts

    …is served, whichever first occurs. Section 39.06(7), Florida Statutes (1977). Jurisdiction may be divested following a waiver hearing as provided by Section 39.02(5)(a), Florida Statutes (1977). No waiver hearing was held herein. Or, jurisdiction may be divested when an indictment is returned against a child as set forth in…

65. Ringel v. State 366 So. 2d 758 · SC52311 · Florida Supreme Court 1978

    This opinion cites § 39.02 2 times, the section generally

    · cited by 9 in all courts

    … Article V, Section 3(b)(3), Florida Constitution. The question certified as being of great public interest is as follows: "Do the provisions of Section 39.02(5)(c) of the Florida Statutes relating to the treatment of juvenile offenders as adults apply to violations of the law the penalty for which includes but may also…

66. State ex rel. Powers v. Schwartz 355 So. 2d 460 · 3D77-2666 · 3rd DCA 1978

    This opinion cites § 39.02 2 times, the section generally

    · cited by 2 in all courts

    …not otherwise eligible for pre-trial bail or release. We hold that the trial judge has no such non-discretionary duty, but, indeed, has a duty under Section 39.02(5)(c), Florida Statutes (1975), to incarcerate such an indicted juvenile not otherwise eligible for bail or pre-trial release in an adult detention facility. It…

67. Woods v. State 323 So. 2d 609 · DCAY-289 · District Court of Appeal 1975

    This opinion cites § 39.02 2 times, the section generally

    · cited by 2 in all courts

    …ch. 39, F.S.1973, for more than 14 days prior to the indictment. Juvenile jurisdiction having not otherwise been waived or divested, appellant urges that § 39.02(5) (c), F.S.1973, requires that he be dealt with as a juvenile notwithstanding the subsequent indictment for a life felony. This point appears not to have been…

68. Boatman v. State 306 So. 2d 592 · 2D73-791 · 2nd DCA 1975

    This opinion cites § 39.02 2 times, the section generally

    · cited by 3 in all courts

    …and forever discharged from further response to the charges herein. GRIMES and SCHEB, JJ., concur. NOTES [1] Section 39.05, F.S. 1971. [2] Section 39.02(6) (b), F.S. 1971 (now § 39.02(5) (b), F.S. 1973). [3] Cf. In re Gault (1967), 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 .

69. State ex rel. Lugo v. Sepe 296 So. 2d 640 · DCA74-563 · District Court of Appeal 1974

    This opinion cites § 39.02 2 times, the section generally

    · cited by 3 in all courts

    …and argument, we hold that good cause has not been shown why prohibition should not issue, and that the relator is entitled to judgment in prohibition. By § 39.02(5) (c) Fla.Stat, F.S.A., a juvenile charged by a grand jury indictment with violation of a Florida law punishable by death or life imprisonment is to be handled…

70. In re S.M.G. 291 So. 2d 43 · 4D73-651 · 4th DCA 1974

    This opinion cites § 39.02 2 times, the section generally

    …and jurisdiction is limited to that conferred upon it by the Legislature of the State of Florida. Its general jurisdiction is provided by F.S. Section 39.02, F.S.A. 1971. We have screened and sifted the statutes and particularly F.S. Chapter 39, F.S.A. 1971, and specially Section 39.02, supra, with reference to…

71. Provost v. State 291 So. 2d 43 · DCA73-651 · District Court of Appeal 1974

    This opinion cites § 39.02 2 times, the section generally

    · cited by 1 in all courts

    …and jurisdiction is limited to that conferred upon it by the Legislature of the State of Florida. Its general jurisdiction is provided by F.S. Section 39.02, F.S.A.1971. We have screened and sifted the statutes and particularly F.S. Chapter 39, F.S.A.1971, and specially Section 39.02, supra, with reference to…

72. In re V.D. 245 So. 2d 273 · 4D70-113 · 4th DCA 1971

    This opinion cites § 39.02 2 times, the section generally

    …and prior to such hearing accord the appellant and her parents an opportunity to seek a transfer of the cause to an adult court pursuant to F.S. 1969, section 39.02(6)(b), F.S.A. Reversed and remanded. OWEN, J., and McCAIN, DAVID L., Associate Judge, concur. NOTES [*] Under our juvenile court statute, a juvenile…

73. In re V.D. 245 So. 2d 273 · DCA70-113 · District Court of Appeal 1971

    This opinion cites § 39.02 2 times, the section generally

    · cited by 6 in all courts

    …and prior to such hearing accord the appellant and her parents an opportunity to seek a transfer of the cause to an adult court pursuant to F. S.1969, section 39.02(6) (b), F.S.A. Reversed and remanded. OWEN, J., and McCAIN, DAVID L„ Associate Judge, concur. Under our juvenile court statute, a juvenile charged witli…

74. In the Interest of Gagliano v. State 234 So. 2d 159 · DCAM-233 · District Court of Appeal 1970

    This opinion cites § 39.02 2 times, the section generally

    · cited by 5 in all courts

    … In relinquishing jurisdiction and transferring a cause to the Circuit Court, the Juvenile Court should proceed pursuant to the provisions of Section 39.02(6) (a), Florida Statutes 1967, F.S.A., which provides : “If the judge deems that any child brought into juvenile court as a delinquent child, who is fourteen…

75. In re S.L.T. 180 So. 2d 374 · 2D5070 · 2nd DCA 1965

    This opinion cites § 39.02 2 times, the section generally

    · cited by 1 in all courts

    …time of the Hunt and Rogers decisions. Although amended in other respect not material here, the statute delineating the jurisdiction of the juvenile court, § 39.02(1) Fla.Stats., F.S.A., remains the same and there has been no change in the statute defining a dependent child. Sec. 39.01(10), Fla. Stat., F.S.A. So for our…

76. In re S.L.T. 180 So. 2d 374 · DCA5070 · District Court of Appeal 1965

    This opinion cites § 39.02 2 times, the section generally

    · cited by 59 in all courts

    …time of the Hunt and Rogers decisions. Although amended in other respect not material here, the statute delineating the jurisdiction of the juvenile court, § 39.02(1) Fla.Stats., F.S.A., remains the same and there has been no change in the statute defining a dependent child. Sec. 39.01(10), Fla. Stat., F.S.A. So for our…

77. In re C.A.P. 155 So. 2d 157 · DCA3753 · District Court of Appeal 1963

    This opinion cites § 39.02 2 times, the section generally

    · cited by 1 in all courts

    …the cause to the Municipal Court is reversed. *158 An additional question is raised on this appeal in that the appellant maintains that under Section 39.02(6), Florida Statutes, F.S.A., the Juvenile Court may not transfer a cause, without a demand for such transfer from the juvenile, unless the delinquent child is…

78. State v. J.K. 104 So. 2d 113 · 2D554 · 2nd DCA 1958

    This opinion cites § 39.02 2 times, the section generally

    …heretofore or hereafter established, and means the county judge's court in every county in which no separate juvenile court is established. Section 39.02 provides: "The juvenile court shall have exclusive original jurisdiction of dependent and delinquent children domiciled, living or found within the county…

79. State v. J.K. 104 So. 2d 113 · DCA554 · District Court of Appeal 1958

    This opinion cites § 39.02 2 times, the section generally

    · cited by 13 in all courts

    …heretofore or hereafter established, and' means the county judge’s court in every county in which no separate juvenile court is established. Section 39.02 provides: “The juvenile court shall have exclusive original jurisdiction of dependent and delinquent children domiciled,, living or found within the county…

80. Guardian ad Litem Program v. Alberto 3D22-0801 · 3rd DCA 2022

    Certiorari / writ granted This opinion cites § 39.02 1 time, the section generally

    Certiorari granted quashing orders compelling confidential Chapter 39 records for a rule 1.540 petition, because the court never inspected them in camera or found necessity.

    …confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed except as specifically authorized by” chapter 39, Florida Statutes. § 39.02(1), Fla. Stat. (2021). Dependency court records are included by the legislature in the narrow category of court records where public access is proscribed or…

81. L.P. v. Department of Children & Family Services 962 So. 2d 980 · 3D07-140 · 3rd DCA 2007

    Reversed This opinion cites § 39.02 1 time, the section generally

    · cited by 4 in all courts

    Adjudication reversed because the mother's cocaine use during pregnancy, without proof of harm or a nexus to neglect, did not show prospective neglect.

    …of this case. As Judge Kahn eloquently stated in a recent case where the Department sought adjudication for actual abuse of a child by a mother under section 39.02(2) of the Florida Statutes, where, unlike the case before us, there existed a positive test for cocaine in the blood of a birth child, but no evidence exhibiting…

82. A.M.T. v. State 883 So. 2d 302 · 1D03-2830 · 1st DCA 2004

    Reversed & remanded This opinion cites § 39.02 1 time, the section generally

    · cited by 5 in all courts

    Shelter and dependency orders reversed: no sworn testimony supported sheltering, and leaving older children with caretakers during trips was not abuse, neglect or abandonment.

    …to establish the lack of supervision "cause[d] or [wa]s likely to cause" the children's physical, mental or emotional health to be significantly impaired. § 39.02(2), Fla. Stat. (2003). The only evidence presented related to the first prong, and favored Appellant. We now turn to the specific findings of the trial court.…

83. Brazill v. State 845 So. 2d 282 · 4D01-3244 · 4th DCA 2003

    This opinion cites § 39.02 1 time, the section generally

    · cited by 16 in all courts

    …first occurs, and thereafter the court may control the child and the case in accordance with this part. § 985.219(7), Fla. Stat. (1999). [3] Section 39.02(5)(c), Florida Statutes (1975). [4] Other jurisdictions have ruled similarly on this issue. See, e.g., Andrews v. Willrich, 200 Ariz. 533 , 29 P.3d 880,…

84. Anderson v. State 673 So. 2d 577 · DCA96-445 · District Court of Appeal 1996

    This opinion cites § 39.02 1 time, the section generally

    PER CURIAM. Affirmed. Section 39.02(5)(c), Florida Statutes (1983); Duke v. State, 541 So.2d 1170 (Fla.1989); LeCroy v. State, 533 So.2d 750 (Fla.1988), cert. denied, 492 U.S. 925 ,…

85. Lee v. State 667 So. 2d 253 · 1D94-3499 · 1st DCA 1995

    This opinion cites § 39.02 1 time, the section generally

    · cited by 3 in all courts

    …amended statute, adjudication for an act constituting a first degree felony was no longer disqualifying, and classification ceased to be mandatory. Section 39.02(5)(c), Florida Statutes, was amended effective October 1, 1981 to read: 3. If the child is found to have committed the offense punishable by death or by life…

86. Petithomme v. State 610 So. 2d 450 · 3D91-2797 · 3rd DCA 1992

    This opinion cites § 39.02 1 time, the section generally

    · cited by 1 in all courts

    …auto, and one count of burglary of a conveyance. After obtaining the indictment, the state was able to treat the defendant as an adult pursuant to section 39.02(5)(c)3, Florida Statutes (1989). The defendant filed a motion to dismiss the indictment arguing that the state increased the charges against the defendant because…

87. Iglesias v. State 599 So. 2d 248 · DCA91-892 · District Court of Appeal 1992

    This opinion cites § 39.02 1 time, the section generally

    …concurring). I concur in the result only. The Juvenile Justice Act, chap. 39, sets forth the procedures for trying a juvenile as an adult. Sections 39.02(5)(a)-(c), .04(2)(e)(4), Fla.Stat. (1989). Section 39.04(2)(e)(4) delineates the state attorney’s authority to file directly an information in certain cases: the…

88. State v. Miller 592 So. 2d 1200 · DCA91-3665 · District Court of Appeal 1992

    This opinion cites § 39.02 1 time, the section generally

    …DCA 1980). Postell is distinguishable from the instant case, however, as there the defendant had been indicted and was subject to the terms of section 39.02(5)(c)l., Florida Statutes (Supp.1978) (now § 39.022(5)(c)l. (Supp.1990)), which provides that such a juvenile shall be “tried and handled in every respect as if he…

89. Department of Health & Rehabilitative Services v. D.H. 575 So. 2d 1382 · DCA90-1728 · District Court of Appeal 1991

    This opinion cites § 39.02 1 time, the section generally

    …six-month period of review. The court also had the option to continue to exercise its jurisdiction and keep the child in the care of HRS. See also section 39.02(7), Florida Statutes (1989) which provides that an indictment for murder does not take away the court’s jurisdiction over the child. All children need someone to…

90. D.M. v. State 580 So. 2d 634 · 1D90-1651 · 1st DCA 1991

    This opinion cites § 39.02 1 time, the section generally

    …of the offenses charged. The court then found it had jurisdiction to adjudicate the child delinquent nunc pro tunc to the date of the trial. Section 39.02(4), Florida Statutes (1989), states that Chapter 39 jurisdiction is terminated when the juvenile reaches nineteen years of age. It is well-settled that such…

91. D.M. v. State 580 So. 2d 634 · DCA90-1651 · District Court of Appeal 1991

    This opinion cites § 39.02 1 time, the section generally

    · cited by 7 in all courts

    …of the offenses charged. The court then found it had jurisdiction to adjudicate the child delinquent nunc pro tunc to the date of the trial. Section 39.02(4), Florida Statutes (1989), states that Chapter 39 jurisdiction is terminated when the juvenile reaches nineteen years of age. It is well-settled that such…

92. S.Y. v. McMillan 563 So. 2d 807 · 1D89-3313 · 1st DCA 1990

    This opinion cites § 39.02 1 time, the section generally

    · cited by 8 in all courts

    …a jury is not an issue applicable to juvenile proceedings in Florida. The circuit court has exclusive jurisdiction of proceedings involving juveniles. Section 39.02(1), Florida Statues. By their very nature, juvenile proceedings are conducted before the circuit court judge without a jury. The criteria for the use of shackles…

93. Campbell v. State 571 So. 2d 415 · SC72622 · Florida Supreme Court 1990

    This opinion cites § 39.02 1 time, the section generally

    · cited by 219 in all courts

    …a police car behind the store. They thus had grounds to stop him. A name check revealed two outstanding juvenile warrants. Campbell argues that under sections 39.02(4) and .40(2), Florida Statutes (1985), the juvenile court loses jurisdiction when a child reaches eighteen (in dependency cases) and nineteen (in delinquency…

94. Allen v. State 560 So. 2d 1329 · DCA89-1239 · District Court of Appeal 1990

    This opinion cites § 39.02 1 time, the section generally

    · cited by 1 in all courts

    …adult sanctions, in making the disposition that it did. Although the defendant had not been transferred to the adult criminal division pursuant to sections 39.02(5) and 39.09(2), Florida Statutes, the requirements of section 39.111(7)(d), Florida Statutes, nevertheless apply. Reed v. State, 544 So.2d 1077 (Fla. 2d…

95. R.M.S. v. State 552 So. 2d 301 · DCA89-00734 · District Court of Appeal 1989

    This opinion cites § 39.02 1 time, the section generally

    …the appellant's license beyond his nineteenth birthday. The court loses jurisdiction over a juvenile when the juvenile attains the age of nineteen, see § 39.02(4), Fla.Stat. (1987), and accordingly, it cannot suspend a driver’s license beyond that time. In the Interest of B.P. We, accordingly, affirm that part of…

96. Banks v. State 520 So. 2d 43 · 1DBP-378 · 1st DCA 1987

    This opinion cites § 39.02 1 time, the section generally

    · cited by 6 in all courts

    …appears to me to be a serious jurisdictional question as to whether such a disposition is an available option for the defendant at this point. See Section 39.02(3)(b), Florida Statutes (1985); State v. A.N.F., 413 So.2d 146 (Fla. 5th DCA 1982). I also disagree with the majority's conclusion that "five of the court's…

97. Dykes v. Hosemann 776 F.2d 942 · CA11-83-3347-2 · 11th Cir. 1985

    Affirmed This opinion cites § 39.02 1 time, the section generally

    · cited by 112 in all courts

    En banc court held a juvenile judge who declared a child dependent without serving the mother has absolute judicial immunity from section 1983 damages because he had subject matter jurisdiction.

    …he lacked subject matter jurisdiction over the dependency proceeding and jurisdiction over their persons; therefore, he cannot claim immunity. Section 39.02(1) of the 1977 Florida Statutes provided that "[t]he circuit court shall have exclusive original jurisdiction of proceedings in which a child is alleged to be…

98. D.L.T. v. Heisner 469 So. 2d 891 · DCABF-219 · District Court of Appeal 1985

    This opinion cites § 39.02 1 time, the section generally

    …areas and therefore HRS may move juveniles from one statutorily defined catchment area to another. 1 Petitioner, on the other hand, argues that under section 39.02(3)(b), Fla. Stat., only the circuit court for the county in which a juvenile is taken into custody has jurisdiction over the juvenile. In entering the order herein,…

99. Cooper v. State 465 So. 2d 1334 · 4D84-844 · 4th DCA 1985

    This opinion cites § 39.02 1 time, the section generally

    · cited by 8 in all courts

    …a juvenile. Before imposing judgment, the trial court must conduct a disposition hearing to determine whether juvenile or adult sanctions are appropriate. § 39.02(6), Fla. Stat. (Supp. 1978) ... [I]f adult sanctions are imposed against a juvenile, he may still enjoy the benefit of the youthful offender act under chapter…

100. Dykes v. Hosemann 743 F.2d 1488 · CA11-83-3347 · 11th Cir. 1984

     Reversed & remanded This opinion cites § 39.02 1 time, the section generally

     · cited by 48 in all courts

     Panel revived a mother's section 1983 suit over a collusive dependency order entered without notice or hearing, finding triable conspiracy and due process claims against the defendants.

     …under Florida law, see note 1 supra, and accompanying text, Judge Hosemann was without jurisdiction over the case. This argument must fail. Section 39.02 of the 1977 Florida Statutes states that, “The circuit court shall have exclusive original jurisdiction of proceedings in which a child is alleged to be…

101. Morris v. State 456 So. 2d 925 · DCA82-1563 · District Court of Appeal 1984

     This opinion cites § 39.02 1 time, the section generally

     …of Section 39.-111(6), Florida Statutes (1979). The state replies that at the time Vivian was sentenced, June 22, 1982, the legislature had amended Section 39.02(5)(d) by deleting the word “indictment” therefrom as a means of transfer and so the court was not required to follow Section 39.111(6) because her being prosecuted…

102. State v. Fitzpatrick 430 So. 2d 444 · SC61639 · Florida Supreme Court 1983

     This opinion cites § 39.02 1 time, the section generally

     · cited by 4 in all courts

     …an indictment. The state attorney may then choose to file a petition for delinquency with a motion to transfer and certify Fitzpatrick pursuant to sections 39.02(5) and 39.09(2), Florida Statutes (1981), for prosecution as an adult. § 39.-04(2)(e)4, Fla.Stat. (1981). * The defect may also be remedied by the transfer of…

103. McCray v. State 424 So. 2d 916 · DCA81-2098 · District Court of Appeal 1982

     This opinion cites § 39.02 1 time, the section generally

     · cited by 2 in all courts

     …of disability by reason of age. Accordingly, we affirm the judgment and sentence of the trial court. GLICKSTEIN and HURLEY, JJ., concur. . Section 39.02(5) provides: (5)(a) If the court finds, after a waiver hearing, that a child who was 14 years of age or older at the time the alleged violation was committed…

104. Lurry v. State 424 So. 2d 868 · DCA80-171 · District Court of Appeal 1982

     This opinion cites § 39.02 1 time, the section generally

     · cited by 1 in all courts

     …of the circuit court for that division’s entry of a transfer order setting forth the findings of fact with respect to the eight criteria contained in Section 39.02(e), Florida Statutes (1979). On authority of Jones v. State, 418 So.2d 1256 (Fla. 4th DCA 1982), we hold that appellant has not preserved the error…

105. State v. D.C.W. 426 So. 2d 970 · 4D81-1699 · 4th DCA 1982

     This opinion cites § 39.02 1 time, the section generally

     …child was originally taken into custody and indicted by a grand jury for burglary in the company of an armed unindicted co-defendant. Pursuant to Section 39.02(5)(c), Florida Statutes (1979), grand jury proceedings may be utilized to indict juveniles in adult court for crimes punishable by life imprisonment. This…

106. State v. D.C.W. 426 So. 2d 970 · 1D81-1699 · 1st DCA 1982

     This opinion cites § 39.02 1 time, the section generally

     · cited by 7 in all courts

     …child was originally taken into custody and indicted by a grand jury for burglary in the company of an armed unindicted co-defendant. Pursuant to Section 39.02(5)(c), Florida Statutes (1979), grand jury proceedings may be utilized to indict juveniles in adult court for crimes punishable by life imprisonment. This…

107. State v. J.M.Z. 408 So. 2d 1063 · DCAAD-201 · District Court of Appeal 1982

     This opinion cites § 39.02 1 time, the section generally

     · cited by 4 in all courts

     …Chapter 78-414, Laws of Florida (1978). . Chapter 80-290, Laws of Florida (1980). . Section 39.01(33), Florida Statutes. . Sections 39.01(21) and 39.02(1), Florida Statutes.

108. In Interest of J.P. 405 So. 2d 497 · 4D79-487 · 4th DCA 1981

     This opinion cites § 39.02 1 time, the section generally

     · cited by 8 in all courts

     …charges against him prosecuted in the criminal division of the circuit court in the same manner as an adult would be tried. Art. I, § 15(b), Fla. Const.; § 39.02(5)(b)(2), Fla. Stat. (1977). The appellant has never attempted to opt out the juvenile system under these provisions. Secondly, because the underlying purposes and…

109. Gaines v. State 405 So. 2d 1031 · DCAAB-427 · District Court of Appeal 1981

     This opinion cites § 39.02 1 time, the section generally

     …felony and not a crime punishable by death or life imprisonment, the charge should have been made by a delinquency petition rather than by indictment, Section 39.02(5)(c), Florida Statutes (1979). Therefore, we reverse appellant’s robbery conviction and direct the trial court to enter an order dismissing the robbery charge from…

110. Austin v. State 400 So. 2d 495 · 5D80-988 · 5th DCA 1981

     This opinion cites § 39.02 1 time, the section generally

     · cited by 4 in all courts

     …upon a direct information pursuant to section 39.04(2)(e)4., Florida Statutes (1979), and was not "transferred" from the juvenile division pursuant to section 39.02(5)(a), Florida Statutes (1979), he was entitled to the sentencing benefits and procedure of section 39.111(6), Florida Statutes (1979), and section 958.05(2),…

111. State v. G.D.M. 394 So. 2d 1017 · SC58762 · Florida Supreme Court 1981

     This opinion cites § 39.02 1 time, the section generally

     · cited by 7 in all courts

     …proceedings consistent with this opinion. It is so ordered. SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur. Section 39.02, Florida Statutes (1979), provides in relevant part that the juvenile court shall have jurisdiction of all traffic offenses expressly excluded from the…

112. Townsend v. State 398 So. 2d 829 · 5DMM-216/T1-26 · 5th DCA 1980

     This opinion cites § 39.02 1 time, the section generally

     · cited by 3 in all courts

     …the defendant's convictions and sentence shall not be affected. REVERSED and REMANDED. FRANK D. UPCHURCH, Jr., and COWART, JJ., concur. NOTES [1] § 39.02(2), Fla. Stat. (1977). [2] This is apparently the only, although "round-about," method of appealing a transfer order. We do not have jurisdiction to review…

113. Carter v. State 382 So. 2d 871 · 5D00-352/T1-131 · 5th DCA 1980

     This opinion cites § 39.02 1 time, the section generally

     · cited by 6 in all courts

     …like to proceed. For example, a child may demand and be treated as an adult and have a jury trial when a juvenile petition has been filed against him. Sec. 39.02(5)(b), Fla. Stat. (1979). The law does not permit a child to proceed through an adjudicatory hearing in juvenile court and then request transfer to adult court for…

114. D.C.E. v. State 381 So. 2d 1097 · 1DLL-213 · 1st DCA 1979

     This opinion cites § 39.02 1 time, the section generally

     …glasses containing rum drinks and smelled the odor of alcohol on appellant's breath. The circuit court had jurisdiction of the delinquency petition. Section 39.02, Florida Statutes (1977). Whether or not violation of the Pensacola disorderly conduct ordinance was an offense on which a delinquency judgment could depend —…

115. D.C.E. v. State 381 So. 2d 1097 · DCALL-213 · District Court of Appeal 1979

     This opinion cites § 39.02 1 time, the section generally

     · cited by 12 in all courts

     …glasses containing rum drinks and smelled the odor of alcohol on appellant’s breath. The circuit court had jurisdiction of the delinquency petition. Section 39.02, Florida Statutes (1977). Whether or not violation of the Pensacola disorderly conduct ordinance was an offense on which a delinquency judgment could depend —…

116. Miller v. State 362 So. 2d 1015 · DCAJJ-26 · District Court of Appeal 1978

     This opinion cites § 39.02 1 time, the section generally

     PER CURIAM. There being no requirement under Section 39.02, Florida Statutes (1977) or Florida Rule of Juvenile Procedure 8.150 that a juvenile’s demand for waiver of juvenile jurisdiction reflect that the juvenile…

117. State v. N.B. 360 So. 2d 162 · 1DII-255 · 1st DCA 1978

     This opinion cites § 39.02 1 time, the section generally

     · cited by 1 in all courts

     …to the procedural safeguards of Chapter 39 or the Juvenile Rules of Procedure prior to their indictments as adults for the six alleged life felonies. Section 39.02(5)(c), Florida Statutes (1977), imposes no conditions to certification of a child to the adult division of the court when an indictment charging the child with a…

118. State v. N.B. 360 So. 2d 162 · DCAII-255 · District Court of Appeal 1978

     This opinion cites § 39.02 1 time, the section generally

     · cited by 10 in all courts

     …to the procedural safeguards of Chapter 39 or the Juvenile Rules of Procedure prior to their indictments as adults for the six alleged life felonies. Section 39.02(5)(c), Florida Statutes (1977), imposes no conditions to certification of a child to the adult division of the court when an indictment charging the child with a…

119. Bradshaw v. State 353 So. 2d 188 · 2D77-143 · 2nd DCA 1977

     This opinion cites § 39.02 1 time, the section generally

     · cited by 9 in all courts

     …judge transferred the case to the juvenile division of the circuit court for disposition. Upon appeal by the state this court reversed, noting that Section 39.02, Florida Statutes (1973), and the Rules of Juvenile Procedure do not authorize trial of a person over eighteen years of age as a juvenile. State v. Bradshaw,…

120. Smith v. State 345 So. 2d 1080 · 3D76-475 · 3rd DCA 1977

     This opinion cites § 39.02 1 time, the section generally

     · cited by 18 in all courts

     …was initially placed on probation; therefore, the circuit court never acquired the requisite jurisdiction to treat her as an adult, in violation of Section 39.02, Florida Statutes (1975). The record reflects that the defendant was arrested on November 13, 1974, and charged with two counts of possession of a…

121. State v. Bradshaw 337 So. 2d 1032 · DCA76-29 · District Court of Appeal 1976

     This opinion cites § 39.02 1 time, the section generally

     · cited by 1 in all courts

     …no authority, either statutory, rule or case law, to support the ruling, we hold that the trial court’s action constitutes reversible error. Under Section 39.02, Florida Statutes, and the Florida Rules of Juvenile Procedure the circuit court has jurisdiction to either treat a person under 18 years of age as a juvenile…

122. King v. State 328 So. 2d 248 · DCAZ-443 · District Court of Appeal 1976

     This opinion cites § 39.02 1 time, the section generally

     PER CURIAM. As to appellant’s attack upon the constitutionality of F.S. 39.02(5) (c), we affirm on authority of Johnson v. State, Sup.Ct. Fla.1974, 314 So.2d 573 and Davis v. State, Sup.Ct.Fla. 1974, 297 So.2d 289 . …

123. A.D.T. v. State 318 So. 2d 478 · 1DX-330 · 1st DCA 1975

     This opinion cites § 39.02 1 time, the section generally

     …jury indictment to be amended and used as a substitute for a delinquency petition becomes clear. In only one instance is such a substitution permitted. F.S. 39.02(5)(c) indicates that a juvenile court will lose jurisdiction when the child is charged by grand jury indictment with a violation of Florida law punishable by death…

124. F.B. v. State 319 So. 2d 77 · 1DX-39 · 1st DCA 1975

     This opinion cites § 39.02 1 time, the section generally

     …Services pursuant to Ch. 39, Florida Statutes, the Circuit Court had the power and authority to direct that they all be placed in the same foster home. § 39.02(4), Florida Statutes, provides: "When jurisdiction of any child shall have been obtained, the court shall retain jurisdiction, unless relinquished by order,…

125. F.B. v. State 319 So. 2d 77 · DCAX-39 · District Court of Appeal 1975

     This opinion cites § 39.02 1 time, the section generally

     · cited by 7 in all courts

     …Services pursuant to Ch. 39, Florida Statutes, the Circuit Court had the power and authority to direct that they all be placed in the same foster home. § 39.02(4), Florida Statutes, provides: “When jurisdiction of any child shall have been obtained, the court shall retain jurisdiction, unless relinquished by order,…

126. Lynch v. State 314 So. 2d 173 · DCA74-1213 · District Court of Appeal 1975

     This opinion cites § 39.02 1 time, the section generally

     …the first four are properly before us and we conclude that none of them demonstrate reversible error. The fifth point attacks the constitutionality of Section 39.02(5) (c), F.S. (1973). The issue of the constitutionality of this statute was not raised and directly passed upon by the trial court and as such is precluded from…

127. State v. Interest of S.M.G. 313 So. 2d 761 · SC45266 · Florida Supreme Court 1975

     This opinion cites § 39.02 1 time, the section generally

     · cited by 9 in all courts

     …discharge the Appellant. The District Court recognized that the Juvenile Court was a court of limited jurisdiction conferred upon it by authority of Section 39.02, Florida Statutes. It was held that the only specific provision found granting power over a parent is Section 39.11(2)(b), paragraph 4, Florida Statutes,…

128. Bissonette v. State 307 So. 2d 222 · DCA73-1163 · District Court of Appeal 1975

     This opinion cites § 39.02 1 time, the section generally

     · cited by 2 in all courts

     …of all the points raised in this appeal, we are of the opinion that no reversible error has been demonstrated. The issue of the constitutionality of F.S. 39.02(6) (c), 1971, was not raised and directly passed upon by the trial court and as such is precluded from consideration by this court. State v. McInnes,…

129. Interest of C.H.H. v. State 298 So. 2d 208 · DCAS-371TOS-375 · District Court of Appeal 1974

     This opinion cites § 39.02 1 time, the section generally

     · cited by 1 in all courts

     …of appellants to circuit court. The primary question raised on appeal is whether the order of transferral adequately satisfies the requirements of Section 39.02(6), Florida Statutes. From our review of the record herein, it does appear that the trial court has failed to follow the procedures prescribed in Chapter 39,…

130. State ex rel. Price v. Duncan 280 So. 2d 422 · SC43614 · Florida Supreme Court 1973

     This opinion cites § 39.02 1 time, the section generally

     …“children in need of supervision”, as defined in Fla.Stat. § 39.-01(10) (a), F.S.A. Respondents have refused to exercise such jurisdiction because Fla.Stat. § 39.02(1)(a), F.S.A., provides that, “The juvenile court shall have exclusive original jurisdiction of dependent and delinquent children . . . ” and does not mention the…

131. Johnson v. State 268 So. 2d 544 · 3D72-89 · 3rd DCA 1972

     This opinion cites § 39.02 1 time, the section generally

     · cited by 8 in all courts

     …33 F.S.A., State v. Silva, Fla. 1972, 259 So.2d 153, 158 . No reversible error having been demonstrated, the judgment is affirmed. NOTES [1] Section 39.02(6)(c) Fla. Stat., F.S.A., provides that when a child of any age is indicted by a grand jury for an offense punishable by death or by life imprisonment, "the…

132. In re A.W. 230 So. 2d 200 · 1DL-194 · 1st DCA 1970

     This opinion cites § 39.02 1 time, the section generally

     …Welfare v. Galilean Children's Home, 102 So.2d 388 (Fla.App.2d 1958). [3] In re S.L.T., 180 So.2d 374, 377 (Fla. App.2d 1965). [4] Section 39.02, Florida Statutes, F.S.A. [5] Section 39.11(2) (a) and (3), Florida Statutes, F.S.A. [6] Section 39.12(2), Florida Statutes, F.S.A. [7] Section…

133. In re A.W. 230 So. 2d 200 · DCAL-194 · District Court of Appeal 1970

     This opinion cites § 39.02 1 time, the section generally

     · cited by 4 in all courts

     …Welfare v. Galilean Children’s Home, 102 So.2d 388 (Fla.App.2d 1958). . In re S. L. T., 180 So.2d 374, 377 (Fla.App.2d 1965). . Section 39.02, Florida Statutes, F.S.A. . Section 39.11(2) (a) and (3), Florida Statutes, F.S.A. . Section 39.12(2), Florida Statutes, F.S.A. . Section…

134. Perdue v. Perdue 155 So. 2d 665 · DCAE-131 · District Court of Appeal 1963

     This opinion cites § 39.02 1 time, the section generally

     · cited by 2 in all courts

     …and powers of such courts. Pursuant to that authority the legislature enacted Chapter 39, Florida Statutes, F.S.A., providing for juvenile courts. Section 39.02 thereof endows the juvenile court with “exclusive original jurisdiction of dependent and delinquent children domiciled, living or found within the county or…

135. Graham v. State 144 So. 2d 97 · 2D3124 · 2nd DCA 1962

     This opinion cites § 39.02 1 time, the section generally

     · cited by 10 in all courts

     …Court of Seminole County? Chapter 39, Florida Statutes, F.S.A., provides for the establishment and operation of juvenile courts within this state. Section 39.02 (1) provides, in part, as follows: "The juvenile court shall have exclusive original jurisdiction of dependent and delinquent children domiciled, living or…

136. In re De Hart 114 So. 2d 13 · DCA1061 · District Court of Appeal 1959

     This opinion cites § 39.02 1 time, the section generally

     · cited by 3 in all courts

     …upon the subject *15 will disclose that the County Judge’s Court of Pinellas County had jurisdiction of the subject matter: Florida Statutes, 1957, Section 39.02(1), F.S.A.: “The juvenile court shall have exclusive original jurisdiction of dependent and delinquent children domiciled, living or found within the county or…

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