Florida Statutes 985.15 – Filing decisions
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(1) The state attorney may in all cases take action independent of the action or lack of action of the juvenile probation officer and shall determine the action that is in the best interest of the public and the child. If the child meets the criteria requiring prosecution as an adult under s. 985.556, the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such a request. In all other cases, the state attorney may:
(a) File a petition for dependency;
Terms Used In Florida Statutes 985.15
- Adult: means any natural person other than a child. See Florida Statutes 985.03
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arbitration: means a process whereby a neutral third person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding. See Florida Statutes 985.03
- Circuit: means any of the 20 judicial circuits as set forth in…. See Florida Statutes 985.03
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the circuit court assigned to exercise jurisdiction under this chapter, unless otherwise expressly stated. See Florida Statutes 985.03
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mediation: means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. See Florida Statutes 985.03
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) File a petition under chapter 984;
(c) File a petition for delinquency;
(d) File a petition for delinquency with a motion to transfer and certify the child for prosecution as an adult;
(e) File an information under s. 985.557;
(f) Refer the case to a grand jury;
(g) Refer the child to a diversionary, pretrial intervention, arbitration, or mediation program, or to some other treatment or care program if such program commitment is voluntarily accepted by the child or the child’s parents or legal guardian; or
(h) Decline to file.
(2) In cases in which a delinquency report, affidavit, or complaint is filed by a law enforcement agency and the state attorney determines not to file a petition, the state attorney shall advise the clerk of the circuit court in writing that no petition will be filed thereon.