985.534  Appeal.

985.535  Additional grounds for appeal by the state; time for taking.

985.536  Order or decision when state appeals.

985.534  Appeal.--

(1)  An appeal from an order of the court affecting a party to a case involving a child under this chapter may be taken to the appropriate district court of appeal within the time and in the manner prescribed by s. 924.051 and the Florida Rules of Appellate Procedure by:

(a)  Any child, and any parent or legal guardian or custodian of any child.

(b)  The state, which may appeal from:

1.  An order dismissing a petition or any section thereof;

2.  An order granting a new adjudicatory hearing;

3.  An order arresting judgment;

4.  A ruling on a question of law when the child is adjudicated delinquent and appeals from the judgment;

5.  The disposition, on the ground that it is illegal;

6.  A judgment discharging a child on habeas corpus;

7.  An order adjudicating a child insane under the Florida Rules of Juvenile Procedure; and

8.  All other preadjudicatory hearings, except that the state may not take more than one appeal under this subsection in any case.

In the case of an appeal by the state, the notice of appeal shall be filed by the appropriate state attorney or his or her authorized assistant under s. 27.18. Such an appeal shall embody all assignments of error in each preadjudicatory hearing order that the state seeks to have reviewed. The state shall pay all costs of the appeal except for the child's attorney's fee.

(2)  The Department of Legal Affairs shall represent the state upon appeal and shall be notified of the appeal by the clerk when the notice of appeal is filed in the circuit court.

(3)  The taking of an appeal shall not operate as a supersedeas in any case unless pursuant to an order of the court.

(4)  The case on appeal shall be docketed, and any papers filed in the appellate court shall be entitled, with the initials but not the name of the child and the court case number, and the papers shall remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and shall not be open to public inspection. The decision of the appellate court shall be likewise entitled and shall refer to the child only by initials and court case number.

(5)  The original order of the appellate court, with all papers filed in the case on appeal, shall remain in the office of the clerk of the court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.

History.--s. 5, ch. 90-208; s. 225, ch. 95-147; s. 42, ch. 97-238; s. 31, ch. 99-284; s. 67, ch. 2006-120.

Note.--Former s. 39.069; s. 985.234.

985.535  Additional grounds for appeal by the state; time for taking.--

(1)  The state may appeal from a preadjudicatory hearing order dismissing a search warrant, suppressing evidence obtained by search and seizure, or suppressing a confession or admission made by a child. The appeal must be taken before the adjudicatory hearing.

(2)  An appeal by the state from a preadjudicatory hearing order shall stay the case against a child upon whose application the order was made until the appeal is determined. If the court from which the appeal is taken determines that the evidence, confession, or admission that is the subject of the order would materially assist the state in proving its case against another child and that the prosecuting attorney intends to use it for that purpose, the court shall stay the case of that child until the appeal is determined. The trial court in its discretion may release a child whose case is stayed pending appeal. A child who is not released from custody pending appeal may petition the appellate court for expedited consideration of the appeal.

History.--s. 5, ch. 90-208; s. 43, ch. 97-238; s. 68, ch. 2006-120.

Note.--Former s. 39.0711; s. 985.235.

985.536  Order or decision when state appeals.--

(1)  When the state appeals from an order dismissing a delinquency petition, or a count thereof, or an order granting a new adjudicatory hearing, and the order is affirmed, the appellate court shall direct the court from which the appeal was taken to implement the order. If an order dismissing a delinquency petition, or a count thereof, is reversed, the appellate court shall direct the court from which the appeal is taken to permit the child to be tried on the reinstated petition or count thereof. If an order granting a new trial is reversed, the appellate court shall direct that judgment of adjudication be entered against the child.

(2)  When the state appeals from a ruling on a question of law adverse to the state, the appellate court shall decide the question.

History.--s. 5, ch. 90-208; s. 44, ch. 97-238; s. 68, ch. 2006-120.

Note.--Former s. 39.072; s. 985.236.