State v. R. J.

CAMPBELL, Judge.

This case presents the issue of whether the amount of time the state has to file a delinquency petition is forty-five days from the date the child is taken into custody as provided by section 39.05(6), Florida Statutes (1981), or forty-five days from the date the complaint is referred to a juvenile intake office as provided by Florida Rule of Juvenile Procedure 8.110(e).

A complaint against the appellee was referred to the juvenile intake office on June 25, 1981. On August 18, 1981, fifty-four days from the date of intake, the state filed a delinquency petition against the…