Category: Juvenile Law · Statute: F.S. 1003.27 · Source: Florida Legislature
Understanding Truancy in Florida
In Florida, school attendance is compulsory for children between the ages of 6 and 16. Under Florida Statute Section 1003.27, "truancy" refers to a pattern of habitual, unexcused absences from public school. The process begins when a student accumulates five unexcused absences within a 30-calendar-day period, or ten unexcused absences within a 90-calendar-day period. At this stage, the school principal must refer the case to the school's child study team to identify the barriers to attendance and implement an intervention plan.
If these school-level interventions fail and the student reaches 15 unexcused absences within a 90-calendar-day period, they are legally classified as a "habitual truant." This status elevates the matter from an internal school issue to a formal legal concern. The school district may then file a Truancy Petition in juvenile court, or refer the family to the Florida Department of Children and Families (DCF) or a local community-based provider for "Children in Need of Services" (CINS) intervention. Parents who fail to comply with compulsory attendance laws can be charged with a second-degree misdemeanor, which carries penalties of up to 60 days in jail.
How Truancy Impacts Bail and Pretrial Release
Because truancy itself is a status offense for juveniles—not a criminal act—juvenile truants are not subject to standard criminal arrest, booking, or monetary bail. Instead, legal actions are focused on civil court orders and social service interventions. However, if a parent is arrested and charged with the misdemeanor offense of contributing to the delinquency of a minor or failing to comply with compulsory school attendance under Florida Statute Section 1003.27, they are subject to the standard criminal justice process. For these parents, pretrial release conditions and standard misdemeanor bail schedules will apply to secure their release from county jail.