Category: Juvenile Law · Statute: F.S. 985.03 · Source: Florida Legislature
Understanding Delinquency (Juvenile) in Florida
In Florida, juvenile delinquency refers to any violation of federal, state, or local law, or a municipal ordinance, committed by an individual under the age of 18, as defined under Florida Statute Section 985.03. Unlike the adult criminal justice system, which focuses primarily on punishment and public safety, Florida's juvenile system is legally structured around rehabilitation, education, and treatment. When a minor commits an act that would be charged as a misdemeanor or felony if committed by an adult, it is legally classified as an act of delinquency, and the youth is referred to as a "delinquent child" rather than a defendant.
The process begins when a law enforcement officer takes a youth into custody or issues a civil citation. Because juvenile court is civil in nature, juveniles are not "arrested" in the traditional sense; instead, they are taken into custody. The Florida Department of Juvenile Justice (DJJ) assesses the youth using a standardized Detention Risk Assessment Instrument (DRAI) to determine whether the child should be released to their parents, placed in supervised semi-secure home detention, or held in secure detention pending a court appearance before a judge in the juvenile division of the circuit court.
Juvenile Detention and the Absence of Bail
Under Florida law, juveniles do not have a constitutional right to monetary bail or bail bonds. Instead of a financial release system, the court relies strictly on the DRAI score and a detention hearing held within 24 hours of the youth being taken into custody. The judge decides whether to release the minor to a parent or guardian under specific supervision conditions, or to order secure detention. In Florida, a juvenile cannot be held in secure detention for more than 21 days before their adjudicatory hearing (trial) unless the state requests an extension under strict statutory guidelines.