IN THE INTEREST OF S. L. M., A CHILD
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A child appealed an order withholding adjudication of delinquency after the state attorney filed a delinquency petition 55 days after the complaint was referred to the intake office. The court reversed, holding that the substantive statute requiring filing within 30 days supersedes the procedural rule and mandated dismissal of the petition.
The petition must be dismissed with prejudice. Section 39.05(7), Florida Statutes, which is substantive law relating to filing requirements, supersedes Rule 8.020(b)(5), Florida Rules of Juvenile Procedure, which is procedural law. The petition was not timely filed within 30 days from the date the complaint was referred to the intake office.
[1] A statute enacted by the legislature concerning the filing of a delinquency petition is substantive law and supersedes a conflicting rule of juvenile procedure promulgate…
[2] A petition alleging delinquency must be dismissed with prejudice if it is not filed within 30 days from the date the complaint was referred to the intake office, as manda…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not filed within 30 days from the date the complaint was referred to the intake office.”
The substantive statute governing the 30-day filing deadline for delinquency petitions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn March 26, 1975, a complaint alleging that S.L.M. stole a bicycle was filed with the intake office. The intake officer recommended filing a delinque…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Delinquency Petition cases and more on FLexlaw
CROSS, Judge.
Appellant, S.L.M., a child, appeals an order withholding adjudication of delinquency and detaining appellant pending disposi-tional hearing.
On March 26, 1975, a complaint was filed with the intake office of the Florida Department of Health and Rehabilitative Services, Division of Youth Services, alleging that appellant stole a bicycle. After reviewing the matters alleged in the complaint, the intake officer filed a recommendation with the state attorney that a delinquency petition be filed in the circuit court. On May 20, 1975 the state attorney, acting upon said recommendation, filed a petition in the circuit court alleging that appellant was a delinquent child.
Appellant thereafter moved to dismiss the petition on the ground that said petition was not filed in the circuit court within thirty days from the date the complaint was referred to the intake office. Said motion was denied by order of the circuit court. An adjudicatory hearing was held, after which the circuit court entered an order withholding adjudication of delinquency and detaining appellant pending disposi-tional hearing. It is from this order that appellant takes her appeal.
Appellant’s sole contention on appeal is that the circuit court erred in denying her motion to dismiss.
Section 39.05(7), Florida Statutes 1975, provides:
“On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not filed within 30 days from the date the complaint was referred to the intake office.”
Rule 8.020(b)(5), Fla. RJP (1975), however, provides:
“On motions by or in behalf of a child, a petition alleging delinquency or need of supervision may be dismissed with prejudice if it is not filed within thirty days from the date the complaint was received by the Intake Officer.”
We recognize conflict exists between Section 39.05(7), Florida Statutes, and Rule 8.020(b)(5), Florida Rules of Juvenile Procedure.
Substantive law prescribes duties and rights under our system of government. It is enacted by the legislature. Procedural law concerns the means and method to apply and enforce those duties and rights, and in Florida is promulgated by the Florida Supreme Court.
In the instant case we determine Section 39.05(7), Florida Statutes, relating to filing of the petition, to be substantive law and therefore supersedes Rule 8.020(b)(5), Florida Rules of Juvenile Procedure.
Accordingly, the order entered by the circuit court withholding adjudication of delinquency and detaining appellant pending dis-positional hearing is reversed, and the cause is remanded with directions to discharge appellant.
Reversed and remanded, with directions.
DOWNEY and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In the Interest of S. R. v. State, 346 So. 2d 1018 (Fla. 1977)…ke officer of the Division of Youth Services? The Second District Court held that dismissal is discretionary. In the Interest of S. R., a child v. State, 336 So. 2d 662 (Fla. 2d DCA 1976). That decision directly conflicts with Interest of S. L. M., 336 So. 2d 391 (Fla. 4th DCA 1976). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. We hold that dismissal is mandatory. On February 27, 1976, S. R., a child, was taken into custody by the St. Petersburg Police Department and re…
-
In the Interest of R. P. C., 352 So. 2d 75 (Fla. 4th DCA 1977)…nile the right to be discharged from a delinquency petition not filed within thirty days from the date the complaint is referred to the intake office. The right of dismissal under Section 39.05(7) is a substantive right. In the Interest of S. L. M., 336 So. 2d 391 (Fla.4th DCA 1976). No similar right of dismissal is granted in relation to the requirement of Section 39.03(2). In this case it has not been shown that the juvenile suffered any prejudice as a result of the delay in filing the written report with…
-
In the Interest of M. L., 349 So. 2d 702 (Fla. 4th DCA 1977)…PER CURIAM. AFFIRMED. The Order dismissing the Petitions herein is affirmed on the authority of In the Interest of S. L. M., a child, 336 So. 2d 391 (Fla.4th DCA 1976). CROSS, DAUKSCH and LETTS, JJ., concur.…