(1) All proceedings seeking a finding that a child has committed a delinquent act or violation of law shall be initiated by the state by the filing of a petition for delinquency by the state attorney.
(2) The petition shall be in writing and shall be signed by the state attorney under oath.
(3) The state attorney shall represent the state in all proceedings in which a petition alleges delinquency.
(4) When a petition has been filed and the child or his or her counsel has advised the state attorney that the truth of the allegations is admitted and that no contest is to be made of the allegations in the petition, the state attorney may request that the case be set for an adjudicatory hearing. If the child changes the plea at the adjudicatory hearing, the court shall continue the hearing to permit the state attorney to prepare and present the case for the state.
(5) The form of the petition and its contents shall be determined by rules of procedure adopted by the Supreme Court.
History.—s. 5, ch. 90-208; s. 14, ch. 93-230; s. 221, ch. 95-147; s. 26, ch. 97-238; s. 81, ch. 98-280; s. 36, ch. 99-284; s. 39, ch. 2006-120.
Note.—Former s. 39.048; s. 985.218.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles
Part VI - Petition, Arraignment, and Adjudication (Ss. 985.318-985.35)
985.319 - Process and service.
985.325 - Threatening or dismissing an employee prohibited.
985.331 - Court and witness fees.
985.335 - No answer to petition required.
985.345 - Delinquency pretrial intervention programs.
985.35 - Adjudicatory hearings; withheld adjudications; orders of adjudication.