S. R. v. State

HOBSON, Judge.

The Circuit Court of the Sixth Judicial Circuit has certified to this court for our consideration the following question:

IS DISMISSAL WITH PREJUDICE MANDATORY OR DISCRETIONARY WHEN A PETITION ALLEGING DELINQUENCY IS NOT FILED WITHIN 30 DAYS FROM THE DATE THE COMPLAINT WAS RECEIVED BY THE INTAKE OFFICE OR INTAKE OFFICER OF DIVISION OF YOUTH SERVICES?

Florida Statute § 39.05(7) (1975) states:

“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 *663complaint was referred to the…