Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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§ 39.05 Former number


Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

§ 39.05 isn't in the 2026 Florida Statutes. No current section names it as a former number; many pre-1998 numbers were delinquency provisions, which moved to Chapter 985 in 1997. The opinions below cite it by this number.

105 opinions cite § 39.05

  1. M.F. v. State 583 So. 2d 1383 · SC76371 · Florida Supreme Court 1991

    This opinion cites § 39.05 13 times, the section generally

    · cited by 14 in all courts

    …pursuant to Florida Rule of Juvenile Procedure 8.110(e), alleging that the state failed to satisfy the forty-five-day filing period required by section 39.05(6) of the Florida Statutes (1987). M.F. argued that the state was actually filing a "new charge," whereas the state argued that it was merely correcting a…

  2. State v. M.M. 557 So. 2d 217 · 2D89-01574 · 2nd DCA 1990

    This opinion cites § 39.05 9 times, the section generally

    · cited by 4 in all courts

    …of delinquency filed by the state against appellee, M.M. The dismissal was based upon the state’s failure to comply with the time provisions of section 39.05(6), Florida Statutes (1987). 1 M.M. was taken into custody on March 16, 1989. On March 22, 1989, a petition was filed alleging M.M. to be a delinquent child…

  3. State v. Puckett 384 So. 2d 660 · DCA79-2026 · District Court of Appeal 1980

    This opinion cites § 39.05 9 times, the section generally

    · cited by 6 in all courts

    …that the information was not timely filed. The motion was granted, and the State appealed. Puckett’s motion to dismiss was based on Sections 39.04(2)(e) and 39.05(6), Florida Statutes (1979). Section 39.04(2)(e) allows the state attorney to file a petition for dependency, a petition for delinquency or, in certain cases,…

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

    This opinion cites § 39.05 8 times, the section generally

    …moved to dismiss on the ground that the delinquency petition was not filed within forty-five days of the day he was taken into custody as required by section 39.05(6), Florida Statutes (Supp. 1980). On September 1, 1981, the court granted the motion to dismiss with prejudice. *335 The state appealed and the district…

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

    This opinion cites § 39.05 8 times, the section generally

    · cited by 13 in all courts

    …moved to dismiss on the ground that the delinquency petition was not filed within forty-five days of the day he was taken into custody as required by section 39.05(6), Florida Statutes (Supp.1980). On September 1, 1981, the court granted the motion to dismiss with prejudice. *335 The state appealed and the district court…

  6. Interest of V.C.F. v. State 569 So. 2d 1364 · DCA90-1404 · District Court of Appeal 1990

    This opinion cites § 39.05 7 times, the section generally

    · cited by 4 in all courts

    …officials. V.C.F. moved to dismiss on the ground that the state failed to file the petition within 45 days from the date of her arrest as required by section 39.05(6), Florida Statutes (1989). The lower court denied the motion, ruling that “the forty-five day period does not commence to run until the person is in the…

  7. State v. D.B.C. 413 So. 2d 455 · 5D81-964 · 5th DCA 1982

    This opinion cites § 39.05 7 times, the section generally

    …Public Defender, Orlando, for appellee. COBB, Judge. This case concerns an interpretation of the term "taken into custody" as it is used *456 in section 39.05(6), Florida Statutes (1980 Supp.), and in Florida Rule of Juvenile Procedure 8.180(a), as a basis for inception of the respective 45-day and 90-day time periods…

  8. State v. D.B.C. 413 So. 2d 455 · DCA81-964 · District Court of Appeal 1982

    This opinion cites § 39.05 7 times, the section generally

    · cited by 11 in all courts

    COBB, Judge. This case concerns an interpretation of the term “taken into custody” as it is used *456 in section 39.05(6), Florida Statutes (1980 Supp.), and in Florida Rule of Juvenile Procedure 8.180(a), as a basis for inception of the respective 45-day and 90-day time periods…

  9. In Interest of Hutchins 345 So. 2d 703 · SC48306 · Florida Supreme Court 1977

    This opinion cites § 39.05 6 times, the section generally

    · cited by 7 in all courts

    …by the court, the child becomes a potential candidate for proceedings which can result in an adjudication of dependency or delinquency pursuant to Sections 39.05-39.11, Florida Statutes (1975). This construction is reinforced by the phrases in Section 39.01(11) "and all the provisions of this act [§§ 39.05-39.11, Fla.…

  10. Bell v. State 479 So. 2d 308 · 2D85-734 · 2nd DCA 1985

    This opinion cites § 39.05 5 times, the section generally

    · cited by 7 in all courts

    …appellant with those crimes. Thereafter, appellant filed a motion for discharge for failure to prosecute him within the forty-five days prescribed by section 39.05(6), Florida Statutes (1983), or within the ninety days set forth in Florida Rule of Juvenile Procedure 8.180. Appellant's motions were denied, and he…

  11. R.C. v. State 461 So. 2d 215 · DCAAY-204 · District Court of Appeal 1984

    This opinion cites § 39.05 5 times, the section generally

    · cited by 2 in all courts

    …he argued that the delinquency petition was not filed within forty-five days from when he was allegedly “taken into custody,” within the meaning of section 39.05(6), Florida Statutes (1983). 1 We affirm. The issue of whether R.C. was taken into custody for purposes of triggering the “speedy petition” rule of section…

  12. R.L.H. v. State 417 So. 2d 1105 · DCA81-1808 · District Court of Appeal 1982

    This opinion cites § 39.05 5 times, the section generally

    · cited by 4 in all courts

    PER CURIAM. We are asked to decide which of two triggering events — one specified in Rule 8.110(e), Fla.R.Juv.P., and another set forth in Section 39.05(6), Florida Statutes (Supp. 1980) — should be used to compute the forty-five day time period for filing a delinquency petition. Because Section 39.05(6), Florida…

  13. I.H. v. State 405 So. 2d 450 · 1DSS-253 · 1st DCA 1981

    This opinion cites § 39.05 5 times, the section generally

    …to hear the matter, (2) that no petition had been filed within 45 days from the date the complaint was referred to the intake officer as required by § 39.05(6), and (3) that 90 days had expired since the child was taken into custody and the child was entitled to discharge pursuant to § 39.05(7)(a)(1) and Rule…

  14. Interest of I.H. v. State 405 So. 2d 450 · DCASS-253 · District Court of Appeal 1981

    This opinion cites § 39.05 5 times, the section generally

    · cited by 8 in all courts

    …to hear the matter, (2) that no petition had been filed within 45 days from the date the complaint was referred to the intake officer as required by § 39.05(6), and (3) that 90 days had expired since the child was taken into custody and the child was entitled to discharge pursuant to § 39.05(7)(a)(l) and Rule…

  15. J.M.J. v. State 389 So. 2d 1208 · 1D00-48 · 1st DCA 1980

    This opinion cites § 39.05 5 times, the section generally

    …the contempt alleged here. An adjudication of delinquency must be made pursuant to the provisions of chapter 39. § 39.01(8), supra. Chapter 39 via section 39.05(1) requires that: All proceedings seeking a finding that a child has committed a delinquent act shall be initiated by the state by the filing of a petition for…

  16. J.M.J. v. State 389 So. 2d 1208 · DCA00-48 · District Court of Appeal 1980

    This opinion cites § 39.05 5 times, the section generally

    · cited by 11 in all courts

    …the contempt alleged here. An adjudication of delinquency must be made pursuant to the provisions of chapter 39. § 39.01(8), supra. Chapter 39 via section 39.05(1) requires that: All proceedings seeking a finding that a child has committed a delinquent act shall be initiated by the state by the filing of a petition for…

  17. T.R. v. State 364 So. 2d 100 · 1DJJ-285 · 1st DCA 1978

    This opinion cites § 39.05 5 times, the section generally

    …petition should have been dismissed because it was filed more than 30 days after the complaint had been filed with the Division of Youth Services. Section 39.05(7), Fla. Stat. (1977), states, "On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not filed…

  18. T.R. v. State 364 So. 2d 100 · DCAJJ-285 · District Court of Appeal 1978

    This opinion cites § 39.05 5 times, the section generally

    · cited by 20 in all courts

    …petition should have been dismissed because it was filed more than 30 days after the complaint had been filed with the Division of Youth Services. Section 39.05(7), Fla.Stat. (1977), states, “On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not filed…

  19. State v. F.T.H. 579 So. 2d 911 · 5D90-2138 · 5th DCA 1991

    This opinion cites § 39.05 4 times, the section generally

    · cited by 3 in all courts

    … The state has appealed an order dismissing a petition for delinquency on the ground that the forty-five day “speedy file” provision contained in section 39.05(6), Florida Statutes (1989) was violated. We reverse. *912 Section 39.05(6), Florida Statutes (1989) provides that a petition alleging delinquency shall be…

  20. In re S.V. 560 So. 2d 402 · DCA89-2040 · District Court of Appeal 1990

    This opinion cites § 39.05 4 times, the section generally

    · cited by 3 in all courts

    …on the instant charge and on March 3, 1989, filed a petition for adjudication of appellant. Appellant moved to dismiss the petition based upon section 39.05(6), Florida Statutes (1987). Section 39.05(6) provides: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with…

  21. J.J.S. v. State 440 So. 2d 465 · 1DAP-467 · 1st DCA 1983

    This opinion cites § 39.05 4 times, the section generally

    …his motion to dismiss on speedy trial grounds. We agree and reverse. Appellant was taken into custody on March 6, 1982; therefore, according to Section 39.05(7), Florida Statutes (1981), appellant should have been afforded an adjudicatory hearing by June 4, 1982. On June 11, 1982, appellant filed a motion to dismiss,…

  22. J.H. v. State 424 So. 2d 928 · 1DAK-414 · 1st DCA 1983

    This opinion cites § 39.05 4 times, the section generally

    …petition because it contained an entirely new charge against appellant which was not filed within the required time period of 45 days as set forth in section 39.05(6), Fla. Stat. (1981). The trial court found the change was a technical one and ordered that the proceedings could continue on the amended petition. At the…

  23. J.H. v. State 424 So. 2d 928 · DCAAK-414 · District Court of Appeal 1983

    This opinion cites § 39.05 4 times, the section generally

    · cited by 13 in all courts

    …petition because it contained an entirely new charge against appellant which was not filed within the required time period of 45 days as set forth in section 39.05(6), Fla.Stat. (1981). The trial court found the change was a technical one and ordered that the proceedings could continue on the amended petition. At the…

  24. State v. R.J. 415 So. 2d 873 · DCA81-2014 · District Court of Appeal 1982

    This opinion cites § 39.05 4 times, the section generally

    · cited by 4 in all courts

    …the amount of time the state has to file a delinquency petition is forty-five days from the date the child is taken into custody as provided by section 39.05(6), Florida Statutes (1981), or forty-five days from the date the complaint is referred to a juvenile intake office as provided by Florida Rule of Juvenile…

  25. In re B.L.G. 414 So. 2d 1085 · DCA81-1072 · District Court of Appeal 1982

    This opinion cites § 39.05 4 times, the section generally

    · cited by 3 in all courts

    …from that date, the appellant filed a motion for discharge asserting that he had not been tried within the ninety day period provided in the rule. Section 39.05(7)(a), Florida Statutes (1979), provides that a child alleged to be delinquent shall be brought to an adjudicatory hearing without demand within ninety days of the…

  26. S.M. v. State 398 So. 2d 496 · DCA80-532 · District Court of Appeal 1981

    This opinion cites § 39.05 4 times, the section generally

    · cited by 2 in all courts

    …was not filed until December 4, 1979. 1 The petition for delinquency was filed within forty-five days from the date of the complaint as required by Section 39.05(6), Florida Statutes (1979) on January 8,1980. No motion was made to extend the time for filing of the petition as might have been made pursuant to Section…

  27. W.M. v. Tye 377 So. 2d 225 · DCA79-1914 · District Court of Appeal 1979

    This opinion cites § 39.05 4 times, the section generally

    · cited by 3 in all courts

    … Petitioner seeks to prohibit the trial court from proceeding in this cause because the time provided for trial under the speedy trial statute, Section 39.05(7)(b), Florida Statutes (Supp.1978), has expired. From the facts alleged in the petition it appears that petitioner was taken into custody on May 17, 1979.…

  28. State v. G.D.C. 372 So. 2d 514 · DCA78-2220 · District Court of Appeal 1979

    This opinion cites § 39.05 4 times, the section generally

    · cited by 5 in all courts

    …entry and theft) was filed on September 1. J.L.M. and G.D.C. moved to dismiss their respective petitions for violation of the 30 day rule in Section 39.05(7), Florida Statutes (1977): *515 “(7) On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not…

  29. S.R. v. State 346 So. 2d 1018 · SC50144 · Florida Supreme Court 1977

    This opinion cites § 39.05 4 times, the section generally

    · cited by 63 in all courts

    …9, 1976, 41 days later, the State Attorney filed three petitions alleging delinquency. The child's attorney filed a motion to dismiss pursuant to Section 39.05(7), Florida Statutes (1975), which reads: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was…

  30. B.T. v. State 573 So. 2d 101 · 1D90-2044 · 1st DCA 1991

    This opinion cites § 39.05 3 times, the section generally

    …review of an order adjudicating him delinquent and placing *102 him on community control. We affirm, finding that the trial court did not violate section 39.05(6), Florida Statutes, [1] in allowing the state to amend the delinquency petition. This case involves the commission of a sexual battery by appellant, age 15,…

  31. Interest of B.T. v. State 573 So. 2d 101 · DCA90-2044 · District Court of Appeal 1991

    This opinion cites § 39.05 3 times, the section generally

    · cited by 3 in all courts

    …review of an order adjudicating him delinquent and placing *102 him on community control. We affirm, finding that the trial court did not violate section 39.05(6), Florida Statutes, 1 in allowing the state to amend the delinquency petition. This case involves the commission of a sexual battery by appellant, age 15,…

  32. M.F. v. State 563 So. 2d 171 · DCA89-2561 · District Court of Appeal 1990

    This opinion cites § 39.05 3 times, the section generally

    · cited by 3 in all courts

    …alleged an entirely new charge and where the state orally amended the petition sixty-nine days after he was taken into custody in violation of section 39.05(6), Florida Statutes (1989). 1 We disagree. This case is controlled by Rule 8.110(c), Florida Rules of Juvenile Procedure (1989), which provides: At any time…

  33. R.F.R. v. State 558 So. 2d 1084 · 1D89-1621 · 1st DCA 1990

    This opinion cites § 39.05 3 times, the section generally

    …erred in denying his motion to dismiss the petition for delinquency, which was filed more than 45 days after he was taken into custody in violation of Section 39.05(6), Florida Statutes (1987). Because the appellant expressly and voluntarily waived his right to have the petition filed against him within the statutory period,…

  34. State v. T.A. 528 So. 2d 974 · 2D87-1149 · 2nd DCA 1988

    This opinion cites § 39.05 3 times, the section generally

    …moved to dismiss the amended petitions. He contended they alleged different delinquent acts and should be dismissed with prejudice pursuant to section 39.05(6), Florida Statutes (1985), because they were not filed within forty-five days of the date he was taken into custody. At the hearing on the motion to dismiss,…

  35. R.L.B. v. State 486 So. 2d 588 · SC67000 · Florida Supreme Court 1986

    This opinion cites § 39.05 3 times, the section generally

    …intended to dismiss any subsequently filed petition for adjudication of delinquency so it sought relief by appeal to the district court of appeal. Section 39.05(6), Florida Statutes (1983), provides as follows: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if…

  36. R.L.B. v. State 486 So. 2d 588 · SC67000-2 · Florida Supreme Court 1986

    This opinion cites § 39.05 3 times, the section generally

    · cited by 4 in all courts

    …intended to dismiss any subsequently filed petition for adjudication of delinquency so it sought relief by appeal to the district court of appeal. Section 39.05(6), Florida Statutes (1983), provides as follows: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if…

  37. J.J.S. v. State 440 So. 2d 465 · DCAAP-467 · District Court of Appeal 1983

    This opinion cites § 39.05 3 times, the section generally

    · cited by 3 in all courts

    …his motion to dismiss on speedy trial grounds. We agree and reverse. Appellant was taken into custody on March 6,1982; therefore, according to Section 39.05(7), Florida Statutes (1981), appellant should have been afforded an adjudicatory hearing by June 4, 1982. On June 11, 1982, appellant filed a motion to dismiss,…

  38. Parr v. State 415 So. 2d 1353 · 4D81-567 · 4th DCA 1982

    This opinion cites § 39.05 3 times, the section generally

    · cited by 10 in all courts

    …this appeal is whether an Information alleging a felony filed against a juvenile after the expiration of the forty-five day period established by Subsection 39.05(6) Florida Statutes (and, indeed, after the ninety day period established by Subsection 39.05(7) Florida Statutes and by Rule 8.180(a) Florida Rules of Juvenile…

  39. State v. G.B.P. 399 So. 2d 1123 · 5D80-1167TO80-1169 · 5th DCA 1981

    This opinion cites § 39.05 3 times, the section generally

    · cited by 3 in all courts

    …the intake office of the Department of Health and Rehabilitation Services. The appellate issue is whether Juvenile Procedure Rule 8.110(e) (1980) or Section 39.05(6), Florida Statutes (1979), controls the time within which a petition for delinquency must be filed against a juvenile after the filing of a complaint referring…

  40. P.L.H. v. Brownlee 389 So. 2d 649 · 5D80-373 · 5th DCA 1980

    This opinion cites § 39.05 3 times, the section generally

    · cited by 8 in all courts

    …was referred to the intake officer as required by Rule 8.110(e), he was entitled to dismissal of the petition. Petitioner concedes that the rule and Section 39.05 sub-section (6), Florida Statutes (1979), which provides for a 45-day period, are in conflict. The trial court, noting the conflict, held that the statute was…

  41. State v. J.A. 367 So. 2d 702 · 2D78-1574AND78-1653 · 2nd DCA 1979

    This opinion cites § 39.05 3 times, the section generally

    · cited by 5 in all courts

    …day following the date of referral was a Sunday. The petitions were filed the following Monday. Both petitions were dismissed as untimely filed. Section 39.05(7), Florida Statutes (1977), states that "a petition alleging delinquency shall be dismissed with prejudice if it was not filed within thirty days from the date…

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

    This opinion cites § 39.05 3 times, the section generally

    · cited by 8 in all courts

    …petition since it was not filed within thirty (30) days from the date the complaint was referred to the intake office. Fla.R. Juv.P. 8.110(e) and Section 39.05(7), Florida Statutes (1977). We agree and reverse. S.E.B. was taken into custody for an armed robbery on December 26, 1977. The complaint based on this conduct…

  43. In re R.P.C. 352 So. 2d 75 · 1D76-1512 · 1st DCA 1977

    This opinion cites § 39.05 3 times, the section generally

    · cited by 3 in all courts

    …appellant has shown no prejudice resulting from the untimely filing of the written report. This portion of Section 39.03(2) is distinguishable from Section 39.05(7), Florida Statutes (1975), which provides: *76 On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if…

  44. In re S.L.M. 336 So. 2d 391 · DCA75-1345 · District Court of Appeal 1976

    This opinion cites § 39.05 3 times, the section generally

    · cited by 3 in all courts

    …order that appellant takes her appeal. Appellant’s sole contention on appeal is that the circuit court erred in denying her motion to dismiss. Section 39.05(7), Florida Statutes 1975, provides: “On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not…

  45. In the Interest of B.T. v. State 594 So. 2d 299 · SC77353 · Florida Supreme Court 1992

    This opinion cites § 39.05 2 times, the section generally

    …JJ., concur. OVERTON, J., dissents with an opinion, in which McDONALD, J., concurs in result only. McDONALD, J., dissents with an opinion. . Section 39.05(6), Florida Statutes (1989), provides as follows: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if…

  46. Interest of R.F.R. v. State 558 So. 2d 1084 · DCA89-1621 · District Court of Appeal 1990

    This opinion cites § 39.05 2 times, the section generally

    · cited by 12 in all courts

    …erred in denying his motion to dismiss the petition for delinquency, which was filed more than 45 days after he was taken into custody in violation of Section 39.05(6), Florida Statutes (1987). Because the appellant expressly and voluntarily waived his right to have the petition filed against him within the statutory period,…

  47. State v. T.A. 528 So. 2d 974 · DCA87-1149 · District Court of Appeal 1988

    This opinion cites § 39.05 2 times, the section generally

    · cited by 19 in all courts

    …moved to dismiss the amended petitions. He contended they alleged different delinquent acts and should be dismissed with prejudice pursuant to section 39.05(6), Florida Statutes (1985), because they were not filed within forty-five days of the date he was taken into custody. At the hearing on the motion to dismiss,…

  48. In re W.L.B. 502 So. 2d 50 · DCABP-41 · District Court of Appeal 1987

    This opinion cites § 39.05 2 times, the section generally

    · cited by 1 in all courts

    …second petition for delinquency was filed charging resisting a merchant. W.L.B. moved to dismiss the latter petition as untimely filed, in reliance on Section 39.05(6), Florida Statutes (1985). This statute provides, in pertinent part: On motion by or in behalf of a child, a petition alleging delinquency shall be dismissed…

  49. In re L.M.H. 462 So. 2d 1210 · DCA84-459 · District Court of Appeal 1985

    This opinion cites § 39.05 2 times, the section generally

    · cited by 1 in all courts

    …have committed a delinquent act for violation of Florida Statute(s) 39.01 Sub. Sect. 8 which constitute(s) the offense(s) of contempt of court....” Section 39.05(1), Florida Statutes (1983) provides: All proceedings seeking a finding that a child has committed a delinquent act shall be initiated by the state by the…

  50. D.A.L. v. State 456 So. 2d 1333 · DCA84-133 · District Court of Appeal 1984

    This opinion cites § 39.05 2 times, the section generally

    …rendering it consistent with the Juvenile Speedy Trial Rule as set out in Florida Rule of Juvenile Procedure 8.180(a), and its statutory counterpart, section 39.05(7), Florida Statutes (1983). Therefore, the trial court would have jurisdiction to grant an order of extension of the speedy trial period, for good cause shown,…

  51. Guercioni v. State 433 So. 2d 31 · DCA82-788 · District Court of Appeal 1983

    This opinion cites § 39.05 2 times, the section generally

    …(1981), directs events when a child has been taken into custody and does not appear to apply where, as here, the child is not in custody. Secondly, section 39.05(6), Florida Statutes (1981), requires dismissal of a delinquency petition “not filed within 45 days from the date the child was taken into custody.” We have…

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

    This opinion cites § 39.05 2 times, the section generally

    · cited by 4 in all courts

    …the date of his arrest and the date the petition of delinquency was filed, and requesting that the case be dismissed with prejudice, pursuant to Section 39.05(6), Florida Statutes. A hearing was held on the motion on April 23, 1981, at which time the trial court dismissed the case with prejudice. Section 39.05(6)…

  53. State v. C.B. 401 So. 2d 919 · DCA79-2076 · District Court of Appeal 1981

    This opinion cites § 39.05 2 times, the section generally

    …the petitions on the grounds that Section 39.03(2), Florida Statutes (1979), requires the filing of a written report within three days of arrest, and Section 39.05(6), Florida Statutes (1979), requires the filing of a petition of delinquency within 45 days thereafter, or a total of 48 days from the time of arrest. The…

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

    This opinion cites § 39.05 2 times, the section generally

    · cited by 2 in all courts

    …limitation in section 39.032(5)(c), Florida Statutes, for holding an adjudicatory hearing on a detained child, the forty-five day time limitation in section 39.05(6), Florida Statutes, for filing a delinquency petition, and the ninety day time limitation in section 39.05(7)(a), Florida Statutes, for holding an adjudicatory…

  55. State v. L.H. 392 So. 2d 294 · 2D80-1196 · 2nd DCA 1980

    This opinion cites § 39.05 2 times, the section generally

    …court to dismiss a petition with prejudice if the state did not file it within *295 thirty days of the date of intake. The state argues that under section 39.05(6), Florida Statutes (1979), it was entitled to forty-five days from the dates of intake within which to file its petition. Thus, the proper determination of…

  56. State v. L.H. 392 So. 2d 294 · DCA80-1196 · District Court of Appeal 1980

    This opinion cites § 39.05 2 times, the section generally

    · cited by 7 in all courts

    …court to dismiss a petition with prejudice if the state did not file it within *295 thirty days of the date of intake. The state argues that under section 39.05(6), Florida Statutes (1979), it was entitled to forty-five days from the dates of intake within which to file its petition. Thus, the proper determination of…

  57. A.F. v. Nourse 383 So. 2d 757 · DCA80-189 · District Court of Appeal 1980

    This opinion cites § 39.05 2 times, the section generally

    · cited by 2 in all courts

    …moved to dismiss the petition on the ground that petitioner’s adjudication hearing had not been held within ninety days of his arrest as required by Section 39.05(7), Florida Statutes (1979), which provides: If a petition has been filed alleging a child to be delinquent, the adjudicatory hearing on the petition shall be…

  58. DeFlippo v. Leffler 364 So. 2d 71 · DCA78-1222 · District Court of Appeal 1978

    This opinion cites § 39.05 2 times, the section generally

    …the petitioner contends that a petition alleging delinquency must be filed within 33 days from the date a juvenile is taken into custody. Sections 39.03(2) and 39.05(7), Florida Statutes (1975). The provisions of Section 39.-05(7) requiring a petition to be filed within 30 days from the date a complaint is 977). And although…

  59. Division of Family Services v. In the Interest of J.F. 327 So. 2d 128 · DCAX-6 · District Court of Appeal 1976

    This opinion cites § 39.05 2 times, the section generally

    …child, although neither written petition nor notice was given to the Division of Family Services, and no evidence of dependency was presented. Section 39.05(2), Florida Statutes, provides that: “(2) All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by…

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

    This opinion cites § 39.05 2 times, the section generally

    … The first question presented by appellant is whether or not she and her parents were adequately advised of the charges against her. F.S. 1969, section 39.05, F.S.A., provides that a counselor or any other person may file in the juvenile court a petition relating to the alleged delinquency of a child. The statute…

  61. State v. S.P. 24 So. 3d 756 · 4D08-4731 · 4th DCA 2009

    This opinion cites § 39.05 1 time, the section generally

    · cited by 1 in all courts

    …substance to cocaine, a second degree felony. Over objection, the trial court permitted the amendment but granted a thirty-day continuance. In 1989, section 39.05(6), Florida Statutes (1987), required that a petition be filed within forty-five days of arrest. The defendant filed a motion to dismiss arguing that the state…

  62. Hamilton v. State 746 So. 2d 512 · 2D98-00385 · 2nd DCA 1999

    This opinion cites § 39.05 1 time, the section generally

    · cited by 5 in all courts

    …DCA 1990) (juvenile waived right to dismiss a petition for delinquency filed more than forty-five days after he was taken into custody in violation of Section 39.05(6), Florida Statutes (1987)); Jordan v. State, 561 So.2d 16 (Fla. 2d DCA 1990) (waiver of statutory right to hearing on costs assessed); Rowe v. State, …

  63. Maddox v. State 708 So. 2d 617 · 5D96-3590 · 5th DCA 1998

    This opinion cites § 39.05 1 time, the section generally

    · cited by 103 in all courts

    …a certified question dealing with juvenile sentencing. The issue before the court was whether a trial court's failure to consider the criteria of section 39.05(7)(c), Florida Statutes (1991) and contemporaneously reduce its *622 evaluations and findings to writing could be raised collaterally. The court, relying on its…

  64. In re Petition of Florida Bar 589 So. 2d 818 · SC76669 · Florida Supreme Court 1991

    This opinion cites § 39.05 1 time, the section generally

    · cited by 12 in all courts

    …_____________________________ ____ The child meets the serious or habitual juvenile offender program criteria as set forth in subsection 39.05, Florida Statutes, and shall be placed in such program as required by law. This court ____ does/does not ____ retain jurisdiction over discharge…

  65. Jefferson v. State 571 So. 2d 70 · 1D89-3083 · 1st DCA 1990

    This opinion cites § 39.05 1 time, the section generally

    · cited by 23 in all courts

    …DCA 1990) (juvenile waived right to dismiss a petition for delinquency filed more than forty-five days after he was taken into custody in violation of Section 39.05(6), Florida Statutes (1987)); Jordan v. State, 561 So.2d 16 (Fla. 2d DCA 1990) (waiver of statutory right to hearing on costs assessed); Rowe v. State, …

  66. State v. R.L.K. 568 So. 2d 1341 · DCA89-2140 · District Court of Appeal 1990

    This opinion cites § 39.05 1 time, the section generally

    …50 days after R.L.K. had been taken into custody, the state filed a second amended petition which contained the second count, disorderly conduct. 2 Section 39.05(6) requires that a petition alleging delinquency be filed within 45 days from the date the juvenile is taken into custody, or the petition “shall” be dismissed…

  67. In re J.R. 561 So. 2d 1324 · DCA89-2440 · District Court of Appeal 1990

    This opinion cites § 39.05 1 time, the section generally

    PER CURIAM. We reverse on the grounds that pursuant to § 39.05(7), Fla. Stat. (1987), and Rule 8.180, Fla. R.Juv.P., the appellant should have been automatically discharged after being in custody for 90 days without an…

  68. In Interest of K.A.B. 483 So. 2d 898 · 5D85-712 · 5th DCA 1986

    This opinion cites § 39.05 1 time, the section generally

    · cited by 20 in all courts

    …independence as a separate branch of government? The State is a party in delinquency cases in that only the State can initiate delinquency proceedings (§ 39.05(1), Fla. Stat.) but this is not so in dependency cases which can be instituted by any knowledgeable person (§ 39.401(1), Fla. Stat.). The State has no right of…

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

    Affirmed This opinion cites § 39.05 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.

    …of youth services, or "any other person who has knowledge of the facts alleged or is informed of them and believes that they are true." Fla.Stat. Sec. 39.05(2) (1977). In this case Buzzy filed the petition 5 Implicit in the court's order was the notion that the court would…

  70. State v. D.I. 474 So. 2d 408 · 4D84-2642 · 4th DCA 1985

    This opinion cites § 39.05 1 time, the section generally

    …that the petition listed the wrong victim, the state re-filed the petition, this time correctly listing the victim as Shopper's Drug Mart. Under section 39.05(6), Florida Statutes (1983), the state has forty-five days (from custody) within which it must file a delinquency petition. Whereas the initial defective…

  71. Julian v. Lee 473 So. 2d 736 · 5D85-329 · 5th DCA 1985

    This opinion cites § 39.05 1 time, the section generally

    · cited by 4 in all courts

    …hearing within 90 days from the earlier of the date on which the juvenile is taken into custody or the date on which the petition is filed, section 39.05(7), Florida Statutes (1983), no comparable provision has been adopted for dependency proceedings. See section 39.404 and section 39.408, Florida Statutes…

  72. State v. R.L.B. 467 So. 2d 818 · DCA84-1287 · District Court of Appeal 1985

    This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    …which was held on August 6, 1984. On August 31, 1984, the court dismissed the case for failure to file a petition for delinquency. We reverse. Section 39.05(6), Florida Statutes (1983) provides: (6) On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was…

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

    Reversed & remanded This opinion cites § 39.05 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.

    … . The applicable statute stated that the petition "shall be signed by the petitioner under oath stating his good faith in filing the petition.” Fla.Stat. § 39.05(3) (1977). . Under the statute, an adjudicatory hearing was required to be held to determine whether or not the child was "dependent" within the meaning of…

  74. A.O. v. State 456 So. 2d 1173 · SC63974 · Florida Supreme Court 1984

    This opinion cites § 39.05 1 time, the section generally

    …that there was no valid petition for adjudication of delinquency in the record upon which such an adjudication could properly be based as required by section 39.05, and that under chapter 39, the legislative intent was to treat truancy and running away from home as acts of dependency. The court reasoned as follows: …

  75. State v. D.A.E. 456 So. 2d 569 · 5D84-184 · 5th DCA 1984

    This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    …review is not available. The supreme court has not as yet resolved the conflict, but relying on W.A.M., we review the order of dismissal. . Section 39.05(6), Florida Statutes (1983) provides: On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not…

  76. A.O. v. State 456 So. 2d 1173 · SC63974-2 · Florida Supreme Court 1984

    This opinion cites § 39.05 1 time, the section generally

    · cited by 6 in all courts

    …that there was no valid petition for adjudication of delinquency in the record upon which such an adjudication could properly be based as required by section 39.05, and that under chapter 39, the legislative intent was to treat truancy and running away from home as acts of dependency. The court reasoned as follows: …

  77. T.L. v. Byrd 451 So. 2d 535 · DCA84-440 · District Court of Appeal 1984

    This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    …petition for a writ of prohibition. See M.B. v. Lee, 388 So.2d 1364 (Fla. 5th DCA 1980). Florida Rule of Juvenile Procedure 8.180(d) and section 39.05(7)(c), Florida Statutes (1981), require a hearing and recitation of reasons for an extension order. The law is clear that an extension order must be predicated upon…

  78. K.M. v. State 448 So. 2d 1124 · 2D83-729 · 2nd DCA 1984

    This opinion cites § 39.05 1 time, the section generally

    · cited by 1 in all courts

    …arraignment/adjudication hearing. We reverse. Appellant was taken into custody in Volusia County and charged in that county by petition, pursuant to section 39.05(1), Florida Statutes (1981), with second degree grand theft in violation of section 812.014(2)(b), Florida Statutes (1981). On March 9, 1983, K.M., along with…

  79. K.M. v. State 448 So. 2d 1124 · DCA83-729 · District Court of Appeal 1984

    This opinion cites § 39.05 1 time, the section generally

    · cited by 16 in all courts

    …hearing. We reverse. Appellant was taken into custody in Vol-usia County and charged in that county by petition, pursuant to section 39.05(1), Florida Statutes (1981), with second degree grand theft in violation of section 812.-014(2)(b), Florida Statutes (1981). On March 9, 1983, K.M., along with…

  80. L.H. v. State 408 So. 2d 1039 · SC60061 · Florida Supreme Court 1982

    This opinion cites § 39.05 1 time, the section generally

    …referred to a juvenile intake officer, was thirty days, as provided in then Rule of Juvenile Procedure 8.110(e), or forty-five days, as provided in section 39.05(6), Florida Statutes (1979). Our decision in this case is of limited application because we have since amended Rule 8.110(e) to conform with the forty-five-day…

  81. L.H. v. State 408 So. 2d 1039 · SC60061-2 · Florida Supreme Court 1982

    This opinion cites § 39.05 1 time, the section generally

    · cited by 52 in all courts

    …referred to a juvenile intake officer, was thirty days, as provided in then Rule of Juvenile Procedure 8.110(e), or forty-fivé days, as provided in section 39.05(6), Florida Statutes (1979). Our decision in this case is of limited application because we have since amended Rule 8.110(e) to conform with the forty-five-dáy…

  82. M.J.M. v. Department of Health & Rehabilitative Services 397 So. 2d 755 · DCAUU-208 · District Court of Appeal 1981

    This opinion cites § 39.05 1 time, the section generally

    …that a delinquency adjudication is void where there has been no petition filed by the State Attorney to initiate delinquency proceedings as required by § 39.05(1), Florida Statutes. That case, however, did not deal with the inherent power of the court to punish for contempt. The power of the court to find a juvenile in…

  83. G.A. v. State 391 So. 2d 720 · 1DOO-475 · 1st DCA 1980

    This opinion cites § 39.05 1 time, the section generally

    …we think the legislature intended that even temporary detention of juveniles would start the running of speedy trial and other time limits. [3] Section 39.05(6) Fla. Stat., (1978 Supp.) provided for 45 days, and June 9, 1980, the rule was amended to conform to the statute. On July 1, 1980, the legislature amended the…

  84. G.A. v. State 391 So. 2d 720 · 5DOO-175 · 5th DCA 1980

    This opinion cites § 39.05 1 time, the section generally

    · cited by 8 in all courts

    …we think the legislature intended that even temporary detention of juveniles would start the running of speedy trial and other time limits. . Section 39.05(6) Fla.Stat., (1978 Supp.) provided for 45 days, and June 9, 1980, the rule was amended to conform to the statute. On July 1, 1980, the legislature amended the…

  85. Bradley v. State 385 So. 2d 1122 · 1DMM-352 · 1st DCA 1980

    This opinion cites § 39.05 1 time, the section generally

    · cited by 12 in all courts

    …prejudice an amended petition because it was not filed within thirty days from the date the complaint was referred to the intake office as required by section 39.05(7), Florida Statutes (1977) and, secondly, in failing to classify appellant as a youthful offender under the guidelines of section 958.04(2), Florida Statutes…

  86. In re Florida Rules of Juvenile Procedure 389 So. 2d 197 · SC57735 · Florida Supreme Court 1980

    This opinion cites § 39.05 1 time, the section generally

    · cited by 5 in all courts

    PER CURIAM. To make our rule consistent with section 39.05(6), Florida Statutes (1979), Florida Rule of Juvenile Procedure 8.110(e) is hereby amended, effective this date, to read as follows: 8.110(e) On motion by or…

  87. J.C. v. State 377 So. 2d 731 · 3D79-224 · 3rd DCA 1979

    This opinion cites § 39.05 1 time, the section generally

    …of Section 39.14(1) of the Florida Statutes (Supp. 1978). The State Attorney initiated this delinquency proceeding by filing a petition pursuant to Section 39.05 of the Florida Statutes (Supp. 1978). The appellant was charged with being a "delinquent child" [1] by reason of having committed a "violation of the law,"…

  88. J.C. v. State 377 So. 2d 731 · DCA79-224 · District Court of Appeal 1979

    This opinion cites § 39.05 1 time, the section generally

    · cited by 5 in all courts

    …of Section 39.14(1) of the Florida Statutes (Supp.1978). The State Attorney initiated this delinquency proceeding by filing a petition pursuant to Section 39.05 of the Florida Statutes (Supp.1978). The appellant was charged with being a “delinquent child” 1 by reason of having committed a “violation of the law,” 2 …

  89. State ex rel. Stromer v. Rowley 360 So. 2d 448 · DCAJJ-326 · District Court of Appeal 1978

    This opinion cites § 39.05 1 time, the section generally

    … White v. Means, 280 So.2d 20 (Fla. 1st DCA 1973). . S. R. v. State, 346 So.2d 1018 (Fla.1977), in interpreting the effect of Section 39.05(7), Fla. Stat. (1975), which provided that “petitions alleging delinquency shall be dismissed with prejudice [upon motion] if not filed within 30 days from the…

  90. Interest of D.K.W. v. State 354 So. 2d 1274 · DCA77-1307 · District Court of Appeal 1978

    This opinion cites § 39.05 1 time, the section generally

    …finding of ungoverna-bility for the second time. The petition upon which the proceedings were based was not signed by a state attorney as required by Section 39.05(1), Florida Statutes (1975). Moreover, the petition failed to allege that D. K. W. had previously been adjudicated as an ungovernable child and that the…

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

    This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    …pending trial, to wit: the Dade County Women's Detention Center. Judge Schwartz heard and entered an order granting the motion on the ground that Section 39.05(5)(c), Florida Statutes (1975), leaves the court no discretion but to treat the indicted juvenile as an adult in all respects pending trial. Accordingly, the…

  92. C.D.W. v. State 353 So. 2d 672 · DCA76-2202 · District Court of Appeal 1978

    This opinion cites § 39.05 1 time, the section generally

    …the complaint against him was received by the intake office of the Division of Youth Services. The State confesses error. Upon the authority of Section 39.05(7), Florida Statutes (1975) and S. R. v. State, 346 So.2d 1018 (Fla.1977), we find that the petition should have been dismissed with prejudice and,…

  93. D.T.H. v. State 348 So. 2d 1155 · SC50578 · Florida Supreme Court 1977

    This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    …due process rights are accorded. The appellant's position with respect to the filing of the petition by a State Attorney is, therefore, well taken. Section 39.05(1) provides, "All proceedings seeking an adjudication that a child is delinquent shall be initiated by the state by the filing of a petition by the State…

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

    This opinion cites § 39.05 1 time, the section generally

    · cited by 11 in all courts

    …the parties, we have found ourselves as much in the dark as to the legislative intent as when we commenced. [3] We couldn't have said it better. Section 39.05(5)(c) [4] was amended in 1969 to add the words "or punishable by life imprisonment" after the existing words "punishable by death." So, prior to 1969 jurisdiction…

  95. In Interest of J.W.H. 345 So. 2d 871 · 1DEE-72 · 1st DCA 1977

    This opinion cites § 39.05 1 time, the section generally

    · cited by 8 in all courts

    … In the recent Florida Supreme Court opinion of S.R., a child v. State, Fla., 346 So.2d 1018, 1977 , the court held that "shall" as contained in Section 39.05(7) is mandatory and thus a petition alleging delinquency must be dismissed with prejudice if it is not filed within 30 days from the date the complaint was…

  96. State v. D.H. 309 So. 2d 601 · 2D74-927 · 2nd DCA 1975

    This opinion cites § 39.05 1 time, the section generally

    …of this state. For the reasons above stated, the ruling of the trial court is Affirmed. HOBSON, A.C.J., and GRIMES, J., concur. NOTES [1] Section 39.05, Florida Statutes, 1971. [2] Another minor was charged in the same petition but that matter is not before us.

  97. State v. D.H. 309 So. 2d 601 · DCA74-927 · District Court of Appeal 1975

    This opinion cites § 39.05 1 time, the section generally

    · cited by 6 in all courts

    …of this state. For the reasons above stated, the ruling of the trial court is Affirmed. HOBSON, A. C. J., and GRIMES, J., concur. . Section 39.05, Florida Statutes, 1971. . Another minor was charged in the same petition but that matter is not before us.

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

    This opinion cites § 39.05 1 time, the section generally

    · cited by 3 in all courts

    …that appellant be released 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…

  99. D.R.W. v. State 262 So. 2d 701 · DCA72-312 · District Court of Appeal 1972

    This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    …to be presented. We agree with the trial court that the latter is not required, and that the petition sufficiently met the requirements therefor under § 39.05 Fla. Stat, F.S.A. There is no contention here that the child or his counsel were misled as to the occasion or occurrence to which the petition referred.…

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

    This opinion cites § 39.05 1 time, the section generally

    · cited by 6 in all courts

    …in the petition of the name, age, and residence of the child and the facts which are deemed to constitute the child a delinquent. Under F.S.1969, section 39.05(4), F.S.A., a petition is sufficient if it clearly states in such manner as to apprise the parents of the nature of the alleged delinquency the substance of the…

  101. In re Marshall 214 So. 2d 486 · DCA68-80 · District Court of Appeal 1968

    This opinion cites § 39.05 1 time, the section generally

    · cited by 1 in all courts

    …Judge was insufficient to identify the minor as being the perpetrator of the offense charged. Petition was filed in said Court pursuant to F.S. Section 39.05, F.S.A., charging the minor, Marshall, with being a delinquent as defined therein, based upon the allegation that Marshall and two other juveniles forcibly…

  102. Holman v. State 203 So. 2d 653 · DCA67-80 · District Court of Appeal 1967

    This opinion cites § 39.05 1 time, the section generally

    · cited by 1 in all courts

    …Court with directions to take testimony as aforesaid and enter new order accordingly. So ordered. LILES, C. J., and HOBSON, J., concur. . F.S. Sec. 39.05, F.S.A. provides: (1) The counselor, any assistant counselor, or any other person may file in the juvenile court a petition stating that a child within the…

  103. In re C.P. 193 So. 2d 33 · DCA66-941 · District Court of Appeal 1966

    This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    PER CURIAM. A petition was filed under § 39.05, Florida Statutes, F.S.A., by the maternal grandmother of a minor child, the objective being to have the juvenile court declare the minor child to be a…

  104. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites § 39.05 1 time, the section generally

    · cited by 8 in all courts

    …committed-to — an—early delinquency ■ intervention program as provided in section 39.055, Florida Statutes, and a boot camp program as provided — in—section—39.05,—Florida Statutes. 2, — Placement in a serious or habitual juvenile offender program is-req-aired-for the protection-of-the -public-and-would best serve the…

  105. In re Amendments to Fla. Rules of Juv. Pro. 649 So. 2d 1370 · SC83165 · Florida Supreme Court 1995

    Rule amendment This opinion cites § 39.05 1 time, the section generally

    · cited by 2 in all courts

    …________________________________________ ____ The child meets the serious or habitual juvenile offender program criteria as set forth in subsection 39.05, Florida Statutes, and shall be placed in such program as required by law. This court _____ does/does not _____ retain jurisdiction over …

0 admin code rules cite § 39.05

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No admin code rule cites § 39.05.

0 CFOPs cite § 39.05

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