FDLE Juvenile Procedures and Rights 1 — Questions and Answers
Question 1: Under Florida's Juvenile Justice Act (F.S. Chapter 985), at what age is a person automatically charged as an adult in Florida for any crime?
- 14 years old
- 16 years old
- 18 years old (Correct answer)
- 21 years old
Correct answer: 18 years old
In Florida, persons 18 years of age or older are automatically charged in the adult criminal justice system. Juveniles are those under 18, handled in the juvenile justice system unless transferred.
Florida Statute §985.03 defines 'child' as a person under 18 years of age for juvenile justice purposes. Once a person reaches their 18th birthday, they are subject to the adult criminal justice system for new offenses. For juveniles under 18, the juvenile justice system focuses on rehabilitation. However, juveniles can be tried as adults through: direct file (state attorney discretion, F.S. §985.557), judicial waiver (court transfers jurisdiction), or indictment (grand jury for capital offenses). Florida has broad direct file authority, allowing adult prosecution of juveniles as young as 14 for certain serious offenses.
Question 2: When a Florida law enforcement officer takes a juvenile into custody, what is the primary distinction from arresting an adult?
- Juveniles must be taken to the police station before any other action
- A juvenile is 'taken into custody' not 'arrested,' reflecting the civil/rehabilitative nature of the juvenile system (Correct answer)
- Handcuffs may not be used on juveniles under any circumstances
- Juveniles must immediately be released to parents with a notice to appear
Correct answer: A juvenile is 'taken into custody' not 'arrested,' reflecting the civil/rehabilitative nature of the juvenile system
In the juvenile system, the term 'taken into custody' (not 'arrested') is used because juvenile proceedings are civil in nature, focusing on rehabilitation rather than punishment.
Florida Statute §985.101 establishes that a child may be 'taken into custody.' The use of this term (rather than 'arrested') reflects that juvenile proceedings are rehabilitative and civil in nature. Upon taking a juvenile into custody, officers must: (1) immediately notify the parents/guardian, (2) transport to a juvenile assessment center or designated facility — not an adult jail (juveniles must be sight-and-sound separated from adult inmates per federal JJDPA), (3) provide Miranda-equivalent warnings before questioning, (4) complete required paperwork.
Question 3: A Florida officer needs to question a 15-year-old suspect in a burglary. Which Miranda-related rule applies?
- Miranda warnings are not required for juveniles as proceedings are civil
- Miranda warnings must be given before custodial interrogation of a juvenile, and the juvenile's age is relevant to the custody determination
- A parent or guardian must be present before any Miranda waiver is valid in Florida
- Juveniles may waive Miranda rights without parental presence if they appear to understand them (Correct answer)
Correct answer: Juveniles may waive Miranda rights without parental presence if they appear to understand them
In Florida, a juvenile may waive Miranda rights without parental presence if the waiver is knowing, voluntary, and intelligent — though age and maturity are factors courts consider.
Miranda v. Arizona applies to juveniles in custodial interrogation. In J.D.B. v. North Carolina (2011), the Supreme Court held that a juvenile's age is relevant to the Miranda custody determination. Key points: (1) Miranda warnings must be given before custodial interrogation of a juvenile, (2) A parent does NOT need to be present for a valid waiver in Florida — there is no mandatory 'interested adult' rule at the state level, (3) Courts examine the totality of circumstances including age, education, experience, and intelligence to determine if a waiver was knowing and voluntary.
Question 4: Under the JJDPA, Florida juvenile facilities must comply with which requirement regarding housing juveniles with adults?
- Juveniles may share housing with adult offenders if under supervised conditions
- Juveniles must be kept separate from adult inmates — sight-and-sound separation — in any facility housing both adults and juveniles (Correct answer)
- All juvenile facilities must be operated exclusively by state government
- Juveniles may only be held in juvenile-specific facilities for a maximum of 24 hours
Correct answer: Juveniles must be kept separate from adult inmates — sight-and-sound separation — in any facility housing both adults and juveniles
The JJDPA's core requirement is sight-and-sound separation — juveniles must be completely separated from adult inmates with no visual or verbal contact.
The federal Juvenile Justice and Delinquency Prevention Act (JJDPA) conditions federal funding on state compliance with four core requirements: (1) Deinstitutionalization of Status Offenders (DSO), (2) Sight-and-Sound Separation — juveniles in secure facilities must be separated so they cannot see or hear adult inmates, (3) Jail Removal — juveniles shall not be detained in adult jails except in limited circumstances, (4) Disproportionate Minority Contact (DMC). Florida receives JJDPA formula grant funding and must comply with these requirements.
Question 5: Which Florida statutes govern the sealing and expungement of juvenile records?
- F.S. §943.054
- F.S. §943.0515 and §985.04 (Correct answer)
- F.S. §812.019
- F.S. §985.557
Correct answer: F.S. §943.0515 and §985.04
F.S. §943.0515 and §985.04 govern the retention and destruction/expungement of juvenile records, allowing for automatic destruction of some records when the person reaches adulthood.
F.S. §943.0515 provides that juvenile arrest records are generally destroyed when the person reaches age 24 (if no adult record), with exceptions for serious or repeat offenders. F.S. §985.04 addresses confidentiality of juvenile records — most juvenile records are confidential with exceptions for serious offenses. Some serious juvenile offenses (capital, life, or first-degree felonies) are not eligible for automatic destruction. Understanding these provisions helps officers comply with disclosure laws.
Question 6: A school resource officer observes a student on school grounds suspected of possessing marijuana. What standard applies to a search of the student's backpack?
- Probable cause — the same standard as any criminal search
- Reasonable suspicion that the search will reveal evidence of a violation of law or school rules (Correct answer)
- No standard — school officials have unlimited search authority on school grounds
- The student must consent or no search is permitted
Correct answer: Reasonable suspicion that the search will reveal evidence of a violation of law or school rules
Under New Jersey v. T.L.O. (1985), searches by school officials (and SROs acting in that capacity) require only reasonable suspicion — lower than probable cause — that the search will turn up evidence of a law or school rule violation.
In New Jersey v. T.L.O. (1985), the Supreme Court held that school officials do not need probable cause or a warrant to search students — reasonable suspicion is sufficient. The T.L.O. standard: a search is justified if there are reasonable grounds to suspect it will reveal evidence of a law or rule violation, and the scope is reasonably related to the circumstances. Florida SROs occupy a dual role: when acting as school officials, T.L.O. applies; when conducting an independent criminal investigation, full probable cause standard typically applies.
FDLE Juvenile Procedures and Rights 1
Under Florida's Juvenile Justice Act (F.S.
Chapter 985), at what age is a person automatically charged as an adult in Florida for any crime?