FRANK A. GUERCIONI, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Appellant Guercioni challenged the dismissal denial of a juvenile delinquency petition, arguing it was filed outside the 45-day statutory window. The Florida Fifth District Court of Appeal affirmed, holding that the 45-day period runs from the date of custody, not from when the complaint was initially received, and that the controlling statute governs over procedural rules.
The petition need not be dismissed because the controlling statute, section 39.05(6), Florida Statutes (1981), requires dismissal only when a petition is not filed within 45 days from the date the child was taken into custody, not from the date the complaint was received.
[1] A juvenile delinquency petition is dismissed if not filed within 45 days from the date the child was taken into custody.
[2] When a statute and a rule of procedure conflict regarding the time limit for filing a juvenile delinquency petition, the statute controls as it is a matter of substantive…
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“section 39.05(6), Florida Statutes (1981), requires dismissal of a delinquency petition "not filed within 45 days from the date the child was taken into custody."”
Establishes the governing statutory standard for the 45-day deadline
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn June 10, 1981, a delinquency complaint was delivered to the circuit court clerk and mistakenly assigned an adult case number. On August 4, 1981, th…
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 Procedural Law cases and more on FLexlaw
COWART, Judge.
On June 10, 1981, a ease package (complaint) charging appellant with delinquency was delivered to the office of the clerk of the circuit court and, mistakenly, assigned an adult case number and filed. Later on August 4, 1981, the case package (complaint) was referred to the intake office of H.R.S.
On September 3, 1981, the State filed a juvenile delinquency petition against appellant and he was thereafter first taken into custody. Appellant moved to dismiss the delinquency petition arguing that section 39.03(5)(b), Florida Statutes (1981), directs the clerk to “forthwith” forward a copy of the delinquency complaint to the H.R.S. intake office and that if measured from the date the complaint should have been filed with H.R.S. (June 10, 1981), the delinquency petition was not filed within the 45 day time limit of Juvenile Rule of Procedure 8.110(e).
Appellant argues the juvenile judge erred in denying his motion to dismiss. We do not agree.
First, section 39.03, Florida Statutes (1981), directs events when a child has been taken into custody and does not appear to apply where, as here, the child is not in custody.
Secondly, section 39.05(6), Florida Statutes (1981), requires dismissal of a delinquency petition “not filed within 45 days from the date the child was taken into custody.” We have heretofore considered the conflict between section 39.05(6), Florida Statutes (1981) (as amended as of July 1, 1980), and rule 8.110(e) and held that the matter is one of substantive, not procedural, law and that, accordingly, the statute, rather than the rule, controls. State v. D.B.C., 413 So. 2d 455 (Fla. 5th DCA 1982), appeal dismissed mem., 419 So. 2d 1196 (Fla.1982).
AFFIRMED.
FRANK D. UPCHURCH, Jr., and COBB, JJ., concur.