§ 39.06 Former number
§ 39.06 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.
Only33 opinions cite § 39.06
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Dykes v. Hosemann 743 F.2d 1488 · CA11-83-3347 · 11th Cir. 1984
· 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.
… (b) The parents; and (c) The legal custodians, actual custodians, and guardians ad litem, if there be any other than the parents. Fla.Stat. § 39.06 (1977). . By the time Diana received formal notice of the November 1977 custody order, her 30-day period for appealing the order under § 39.14(1) of the…
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Lisak v. State 433 So. 2d 487 · SC61830 · Florida Supreme Court 1983
· cited by 9 in all courts
…adult on the capital offense. In answering this question in the negative we adopt additional portions of the second district opinion in this cause: 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…
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P.L.H. v. Brownlee 389 So. 2d 649 · 5D80-373 · 5th DCA 1980
· cited by 8 in all courts
…of the petition with prejudice is mandated if the adjudicatory hearing is not begun within ninety days "or an extension thereof." On the other hand, section 39.06(7), Florida Statutes (1979), provides: The jurisdiction of the court shall attach to the child and the case when the summons is served upon the child, a…
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Hall v. Florida State Department of Public Welfare 226 So. 2d 39 · DCA1860 · District Court of Appeal 1969
· cited by 6 in all courts
…more drastically juveniles may be imprisoned and taken away from their homes and the custody of their parents. See 18 U.S.G. £ 5031 et seq. . Section 39.06(2), F.S.1967, F.S.A. . Section 39.06(1), F.S.1967, F.S.A. . Section 39.06(6), F.S.1967, F.S.A. . Section 39.06(5), F.S.1967, F.S.A. .…
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Department of Health & Rehabilitative Services v. A.F. 528 So. 2d 87 · 5D87-1988 · 5th DCA 1988
· cited by 2 in all courts
…correctly notes in his dissent, the Clerk's and Sheriff's fees were improperly *90 assessed against the parents. See §§ 39.19, 39.414, 28.241(2) and 39.06(11), Fla. Stat. By contrast, the Clerk and the Sheriff did not charge HRS with fees for their services. HRS became obligated to pay the fees in question because…
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D.A.L. v. State 456 So. 2d 1333 · DCA84-133 · District Court of Appeal 1984
…we perceived at that time between the Juvenile Jurisdiction Statute 2 and the Juvenile *1335 Speedy Trial Rule. Despite that dicta, we now read section 39.06(7), Florida Statutes (1983), to bestow in rem jurisdiction upon the trial court at the time the petition for delinquency is filed (assuming it precedes the…
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D.C.W. v. State 445 So. 2d 333 · SC62633 · Florida Supreme Court 1984
…without affecting the timeliness of the filing. The juvenile jurisdiction of the circuit court attaches at the moment a juvenile is taken into custody. § 39.06(7), Fla. Stat. (1979); see Goodson v. State, 392 So.2d 1335 (Fla. 1st DCA 1980), approved, 403 So.2d 1337 (Fla. 1981) (juvenile initially charged…
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D.C.W. v. State 445 So. 2d 333 · SC62633-2 · Florida Supreme Court 1984
· cited by 13 in all courts
…without affecting the timeliness of the filing. The juvenile jurisdiction of the circuit court attaches at the moment a juvenile is taken into custody. § 39.06(7), Fla. Stat. (1979); see Goodson v. State, 392 So.2d 1335 (Fla. 1st DCA 1980), approved, 403 So.2d 1337 (Fla.1981) (juvenile initially charged as…
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State v. Lisak 409 So. 2d 1149 · DCA80-2119 · District Court of Appeal 1982
· cited by 1 in all courts
…appellee was committed “to H.R.S. for the maximum period of time under the law but not beyond his nineteenth birthday.” This appeal followed timely. 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…
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Collins v. State 381 So. 2d 328 · DCA78-2106/T4-226 · District Court of Appeal 1980
· cited by 3 in all courts
…is sought. That is to say if a juvenile is charged by information with a life felony, the juvenile division has exclusive jurisdiction under section 39.06(7), Florida Statutes (1975) until final adjudication under the juvenile proceedings statute, chapter 39, unless the criminal (adult) division is required to…
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In Interest of S.E.B. 365 So. 2d 451 · 1DKK-20 · 1st DCA 1978
· cited by 8 in all courts
…We disagree. Jurisdiction of the juvenile court attaches when the child is taken into custody or when the summons 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…
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Division of Family Services v. State 319 So. 2d 72 · 1DX-102 · 1st DCA 1975
· cited by 15 in all courts
…that: "Nothing in this chapter shall be deemed to take away from the court any jurisdiction or duties conferred upon the court by general law." F.S. 39.06(7) provides that: "The jurisdiction of the court shall attach to the child and the case when the summons is served upon the child, a parent, or legal or actual…
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In re V.D. 245 So. 2d 273 · 4D70-113 · 4th DCA 1971
…required to be drawn in a reasonably precise manner, there is no provision for service of the petition on the child or its custodian. F.S. 1969, section 39.06(2), F.S.A., does provide that the summons which is served on the child's custodian shall recite "briefly" the substance of the petition. In the present case the…
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In re V.D. 245 So. 2d 273 · DCA70-113 · District Court of Appeal 1971
· cited by 6 in all courts
…required to be drawn in a reasonably precise manner, there is no provision for service of the petition on the child or its custodian. F.S.1969, section 39.06(2), F.S.A., does provide that the summons which is served on the child’s custodian shall recite “briefly” the substance of the petition. In the present case the…
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Dykes v. Hosemann 776 F.2d 942 · CA11-83-3347-2 · 11th Cir. 1985
· 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.
… (c) The legal custodians, actual custodians, and guardians ad litem [of the child], if there be any other than the parents. Fla.Stat. Sec. 39.06 (1977). 7 Diana sued in behalf of her son, a minor, in a representative capacity, as his "mother and next friend." …
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State v. DeGarmo 454 So. 2d 600 · DCA83-1478 · District Court of Appeal 1984
· cited by 1 in all courts
…age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set forth in s. 39.06(7) unless and until an indictment on such charge is returned by the grand jury. When an indictment is returned, the petition for delinquency, if any, shall be…
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State ex rel. Department of Health & Rehabilitative Services v. Salfi 432 So. 2d 686 · DCA83-394 · District Court of Appeal 1983
· cited by 2 in all courts
…deems necessary for disposition of the matter if, for example, a simple letter to the school representative “encouraging” attendance is non-availing. See § 39.06(8), Fla.Stat. (1981). Writ of prohibition DENIED. COBB and SHARP, JJ., concur. . The order also imposes duties on the Public Defender and the State…
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L.L. v. State 429 So. 2d 347 · 5D82-1029 · 5th DCA 1983
…a delinquency case in which appellant, a minor, attacks the validity of a written waiver of counsel and challenges the State's failure to serve, under section 39.06(4)(c), Florida Statutes (1981), a summons and the delinquency petition on a guardian ad litem previously appointed in two separate dependency proceedings. As the…
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In the Interest of L.L. v. State 429 So. 2d 347 · DCA82-1029 · District Court of Appeal 1983
· cited by 8 in all courts
…a delinquency case in which appellant, a minor, attacks the validity of a written waiver of counsel and challenges the State’s failure to serve, under section 39.06(4)(c), Florida Statutes (1981), a summons and the delinquency petition on a guardian ad litem previously appointed in two separate dependency proceedings. As the…
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Brown v. Green 424 So. 2d 130 · DCAAM-111 · District Court of Appeal 1982
…for the Department of Health and Rehabilitative Services, does not urge that he was not properly authorized to execute the court’s pick-up order. Section 39.06(9), Florida Statutes, provides: All process and orders issued by the court shall be served or executed as other process and orders of the circuit court, and,…
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Lott v. State 400 So. 2d 10 · SC59175 · Florida Supreme Court 1981
· cited by 6 in all courts
…case, like the instant case, the jurisdiction of the juvenile division had already attached prior to the state attorney's filing of the information. See § 39.06(7), Fla. Stat. (1979).
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Postell v. State 383 So. 2d 1159 · 3D79-1376 · 3rd DCA 1980
· cited by 29 in all courts
…age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set forth in s. 39.06(7) unless and until an indictment on such charge is returned by the grand jury. When an indictment is returned, the petition for delinquency, if any, shall be…
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McCarver v. State 379 So. 2d 979 · 5D79-276/T4-390 · 5th DCA 1980
· cited by 5 in all courts
…age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set out in s. 39.06(7) unless and until an indictment on such charge is returned by the grand jury, in which event and at which time the court shall be divested of jurisdiction …
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Whidden v. State 374 So. 2d 543 · 2D78-1346 · 2nd DCA 1979
· cited by 9 in all courts
…any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set out in s. 39.06(7) unless and until an indictment on such charge is returned by the grand jury, in which event and at which time the court shall be divested of jurisdiction…
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P.J.S. v. State 360 So. 2d 455 · DCA77-1919 · District Court of Appeal 1978
· cited by 1 in all courts
…find the record vague and conflicting as to service of process or actual notice, it is apparent that proof of compliance with Fla.R.Juv.P. 8.120 and Section 39.06, Florida Statutes (1977) has not been shown. Further, there is no adequate showing of actual notice to the mother regarding the hearing date. Therefore, we…
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State ex rel. Powers v. Schwartz 355 So. 2d 460 · 3D77-2666 · 3rd DCA 1978
· cited by 2 in all courts
…any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set out in s. 39.06(7) unless and until an indictment on such charge is returned by the grand jury, in which event and at which time the court shall be divested of jurisdiction…
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Ringel v. State 352 So. 2d 88 · 4D76-2334 · 4th DCA 1977
· cited by 11 in all courts
…any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set out in § 39.06(7) unless and until an indictment on such charge is returned by the grand jury, in which event and at which time the court shall be divested of jurisdiction…
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State v. Robinson 336 So. 2d 437 · 2D75-1506 · 2nd DCA 1976
· cited by 10 in all courts
…to handle juveniles, and that vested in the circuit court generally as it is exercised over adults. [6] One other statutory provision is germane, § 39.06(7), F.S. 1973, which provides: "The jurisdiction of the court shall attach to the child and the case when the summons is served upon the child, a parent, or…
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Roberts v. State 335 So. 2d 285 · SC46468 · Florida Supreme Court 1976
· cited by 32 in all courts
…any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set out in § 39.06(7) unless and until an indictment on such charge is returned by the grand jury, in which event and at which time the court shall be divested of jurisdiction…
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McCloud v. State 335 So. 2d 257 · SC48710 · Florida Supreme Court 1976
· cited by 74 in all courts
…any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set out in § 39.06(7) unless and until an indictment on such charge is returned by the grand jury, in which event and at which time the court shall be divested of jurisdiction…
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State v. Meagher 323 So. 2d 26 · DCA75-414 · District Court of Appeal 1975
· cited by 1 in all courts
…of any age charged with a violation of Florida law punishable by death or life imprisonment shall be subject to the jurisdiction of the court as set out in § 39.06(7) unless and until an indictment on such charge is returned by the grand jury, in which event and at which time the court shall be divested of jurisdiction…
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Johnson v. State 314 So. 2d 573 · SC45764 · Florida Supreme Court 1975
· cited by 42 in all courts
…any age charged with a violation of Florida law punishable by death or by life imprisonment shall be subject to the jurisdiction of the court as set out in § 39.06(7) unless and until an indictment on such charge is returned by the the grand jury, in which event and at which time the court shall be divested of jurisdiction…
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Sedberry v. State 286 So. 2d 237 · DCAS-353 · District Court of Appeal 1973
…were taken from her custody without a hearing, as being a denial of due process of law. On the appellant’s latter contention, when such [F.S. §§ 39.01(10), 39.06(3) F.S. A.] is authorized by statute, we are not inclined to hold that a juvenile court should be precluded from so acting without a prior noticed hearing. In…
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