J.J. v. State

181 So. 3d 522, 2015 Fla. App. LEXIS 15527, 2015 WL 6160805
District Court of Appeal of Florida·Decided October 21, 2015·No. No. 2D13-2975·Published·Cited by 1 cases

Opinion

ALTENBERND, Judge.

J.J. appeals an order withholding adjudication of delinquency based on two offenses: delinquent in possession of a firearm in violation of section 790.23(1)(b), Florida Statutes (2013), and introduction of a firearm into a detention facility in violation of section 951.22, Florida Statutes (2013). J.J. also appeals the disposition order to the extent that it imposed a $100 cost of prosecution. We affirm the withhold of adjudication as to the offense of delinquent in possession of a firearm but reverse the withhold of adjudication for introduction of a firearm into a detention facility. We also reverse the disposition order, requiring the trial court to file a new disposition order without an improper cost of prosecution.

I. THE FACTS

On February 4, 2013, J.J. was arrested by a school resource deputy on school grounds in Hillsborough County for circumstances unrelated to the offenses in this appeal. After the deputy conducted a search incident to arrest and found nothing on J.J., the deputy transported J.J. to a Juvenile Assessment Center (“JAC”) in Hillsborough County. Once inside the JAC, the deputy removed J.J.’s handcuffs and instructed J.J. to remove his shoelaces. When J.J. bent over to do so, a firearm fell from a pocket that had been added to the inside of the jacket.

The State filed a petition for delinquency in which it alleged that J. J. had committed the delinquent acts of delinquent in possession of a firearm, introduction of a firearm into a detention facility, and possession of a firearm on school grounds. At the disposition hearing, J.J. moved for a judgment of dismissal on all three counts and raised several arguments in support of his motion. The trial court granted the motion as to possession of a firearm on school grounds but denied it as to delinquent in possession of a firearm and introduction of a firearm into a detention facility. It found J.J. guilty of committing these delinquent acts and entered the order withholding adjudication.

On appeal, J.J. challenges the trial court’s denial of his motion for judgment of dismissal as to both of these delinquent acts. We find no merit to his argument concerning delinquent in possession of a firearm and do not address it here.

II. UNDER THE STATUTORY DEFINITION, A JAC IS NOT A “COUNTY DETENTION FACILITY”

Chapter 951 of the Florida Statutes addresses county and municipal prisoners. Under section 951.22(1), “[i]t is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in s[ection] 951.23 ,.. any firearm. . . .” Section 951.23(1)(a)1 defines a “county detention facility” as

[524]*524a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either [a] felony or misdemeanor.

Id. (emphasis added).

J.J. does not contest that he introduced a firearm into a JAC. Instead, he argues that a JAC does not fit the statutory definition of a “county detention facility” for two reasons. First, a JAC is used for assessment of juveniles and not for “detention.” Second, a JAC is a facility for juveniles alleged to have committed delinquent acts and not “persons charged with or convicted of either [a] felony or misdemeanor,” The State maintains that a juvenile’s stay in a JAC is a detention and that a delinquency charge is the equivalent' of a felony or misdemeanor.

Despite J.J.’s challenge that a JAC does not qualify as a “county detention facility” under chapter 951, both J.J. and the State tried this case in the circuit court and briefed this case in this court assuming that a JAC is at least a “county” facility. The parties’ assumption that a JAC is a county facility may be questioned, but for purposes of this appeal we too will assume that this JAC was “used by” Hillsborough County and qualifies as a county facility.

Turning to the arguments that were raised,.we are inclined to reject J.J.’s first, argument that the JAC does not qualify as a “county detention facility” for purposes of section 951.22- because he was brought there not to be detained but to be processed in order to determine whether he would be detained or released. JACs, as physical locations, were established primarily to avoid intermingling children with adults in the central, booking process. They “provide collocated central intake and screening services” for juveniles. § 985.135(1), Fla. Stat. (2013). After a juvenile is taken into custody, see § 985.101(1), the juvenile must be “released from custody as soon as is reasonably possible.” § 985.115(1). When the juvenile is “charged with ... an offense that would be a felony if committed by an adult,” the juvenile is fingerprinted and photographed, see § 985.11, just like an adult at central booking. In some instances, a juvenile can be held for up to six hours in a separate section of the county jail as part of this process. See § 985.115(3).

A juvenile taken into custody and delivered to a JAC is not free to walk away. Thus, although any period of detention is meant to be relatively brief in most cases, it makes little sense 'to argue that a juvenile is not in fact detained at such a center. But we do not have to answer this question in light of our resolution of J.J.’s second argument.

Under- a strict construction of the relevant statutes, a JAC is not a facility used for “persons charged with or convicted of either [a] felony or misdemeanor.”. See § 951.23(1)(a).2 Many of the young “persons” in a JAC have been “taken into custodjf’ by law enforcement officers who had probable cause to believe that they had committed “a delinquent act or violation of law.” See § 985,101(1)(b). We as[525]*525sume for purposes of this opinion that this action is sufficient to qualify as a “charge.” But these juveniles are not charged with a felony or a misdemeanor. A “delinquent act” and a “violation of law” are both defined as “a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult.” § 985.03(57). At least some of these juveniles will eventually be charged as adults for felonies, but that does not occur until after they have been processed at the JAC. See § 985.15(1).

We have considered whether we could construe this statute to' include a JAC. In everyday parlance, a JAC would seem to be a detention facility. The special legal terminology used to address offenses committed by children reflects a public policy that recognizes a. need to provide more rehabilitation, more second chances, and more empathy for the poor judgment of young minds not fully developed. But this terminology and the underlying public policy have nothing to do with whether people, including adults, ought to be permitted to bring firearms into a JAC. Under a liberal or practical construction, perhaps we could expand the statute to include a JAC.

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J.J. v. State, 181 So. 3d 522, 2015 Fla. App. LEXIS 15527, 2015 WL 6160805 (Fla. Ct. App. 2015).

181 So. 3d 522 (J.J. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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