Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1080
       
       
        
       By Senator Powell
       
       
       
       
       
       24-01252-24                                           20241080__
                      A bill to be entitled                      
       An act relating to prosecuting children as adults;
       amending s. 985.265, F.S.; prohibiting a jail or other
       facility intended or used for the detention of adults
       from holding a child who has been transferred to adult
       court for criminal prosecution before a specified
       hearing is held to determine if the child should be
       prosecuted as an adult, unless the child waives his or
       her right to such hearing; amending s. 985.556, F.S.;
       deleting provisions requiring a state attorney to
       request a court to transfer and certify a child for
       prosecution as an adult or to provide written reasons
       to the court for not making such request, or to
       proceed under a specified provision; amending s.
       985.557, F.S.; deleting references to the state
       attorney’s discretion to direct file a juvenile;
       revising discretionary direct file criteria; requiring
       a court to advise a child and his or her parent or
       legal guardian of the child’s right to a due process
       evidentiary hearing before a judge upon the filing by
       a state attorney of an information transferring the
       child to adult court; requiring that the child or the
       child’s parent or legal guardian be afforded such
       hearing; requiring the judge to conduct the hearing
       within a certain timeframe; requiring the judge to
       consider specified information and factors during such
       hearing; authorizing the judge to consider, and
       certain parties to the action to examine, certain
       reports; providing for continued jurisdiction of the
       adult court with regard to the child unless the court
       makes a specified finding by a preponderance of the
       evidence; requiring the adult court to render an order
       that includes certain findings of fact; authorizing
       immediate review of the order; providing that the
       order is reviewable on appeal under specified rules;
       amending ss. 985.15 and 985.565, F.S.; conforming
       provisions to changes made by the act; amending s.
       985.03, F.S.; conforming a cross-reference; providing
       an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsection (5) of section 985.265, Florida
Statutes, is amended to read:
       985.265 Detention transfer and release; education; adult
jails.—
       (5) The court shall order the delivery of a child to a jail
or other facility intended or used for the detention of adults:
       (a) When the child has been transferred or indicted for
criminal prosecution as an adult under part X, except that:
       1. The court may not order or allow a child alleged to have
committed a misdemeanor who is being transferred for criminal
prosecution pursuant to either s. 985.556 or s. 985.557 to be
detained or held in a jail or other facility intended or used
for the detention of adults; however, such child may be held
temporarily in a detention facility; and
       2. A child who has been transferred for criminal
prosecution as an adult pursuant to s. 985.557 may not be held
in a jail or other facility intended or used for the detention
of adults before a court finding, as a result of a hearing
provided for under s. 985.557(3), that the child should be
prosecuted as an adult, unless the child waives his or her right
to such hearing; or
       (b) When a child taken into custody in this state is wanted
by another jurisdiction for prosecution as an adult.

The child shall be housed separately from adult inmates to
prohibit a child from having regular contact with incarcerated
adults, including trusties. “Regular contact” means sight and
sound contact. Separation of children from adults shall permit
no more than haphazard or accidental contact. The receiving jail
or other facility shall contain a separate section for children
and shall have an adequate staff to supervise and monitor the
child’s activities at all times. Supervision and monitoring of
children includes physical observation and documented checks by
jail or receiving facility supervisory personnel at intervals
not to exceed 10 minutes. This subsection does not prohibit
placing two or more children in the same cell. Under no
circumstances shall a child be placed in the same cell with an
adult.
       Section 2. Subsections (2) and (3) of section 985.556,
Florida Statutes, are amended to read:
       985.556 Waiver of juvenile court jurisdiction; hearing.—
       (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
subsection (3), The state attorney may file a motion requesting
the court to transfer the child for criminal prosecution if the
child was 14 years of age or older at the time the alleged
delinquent act or violation of law was committed.
       (3) INVOLUNTARY MANDATORY WAIVER.—
       (a) If the child was 14 years of age or older, and if the
child has been previously adjudicated delinquent for an act
classified as a felony, which adjudication was for the
commission of, attempt to commit, or conspiracy to commit
murder, sexual battery, armed or strong-armed robbery,
carjacking, home-invasion robbery, aggravated battery,
aggravated assault, or burglary with an assault or battery, and
the child is currently charged with a second or subsequent
violent crime against a person; or
       (b) If the child was 14 years of age or older at the time
of commission of a fourth or subsequent alleged felony offense
and the child was previously adjudicated delinquent or had
adjudication withheld for or was found to have committed, or to
have attempted or conspired to commit, three offenses that are
felony offenses if committed by an adult, and one or more of
such felony offenses involved the use or possession of a firearm
or violence against a person;

the state attorney shall request the court to transfer and
certify the child for prosecution as an adult or shall provide
written reasons to the court for not making such request, or
proceed under s. 985.557(1). Upon the state attorney’s request,
the court shall either enter an order transferring the case and
certifying the case for trial as if the child were an adult or
provide written reasons for not issuing such an order.
       Section 3. Section 985.557, Florida Statutes, is amended to
read:
       985.557 Prosecuting children as adults Direct filing of an
information; discretionary criteria.—
       (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
FILE.—
       (a) With respect to any child who was 14 or 15 years of age
at the time the alleged offense was committed, the state
attorney may file an information when in the state attorney’s
judgment and discretion the public interest requires that adult
sanctions be considered or imposed and when the offense charged
is for the commission of, attempt to commit, or conspiracy to
commit:
       1. Arson;
       2. Sexual battery;
       3. Robbery;
       4. Kidnapping;
       5. Aggravated child abuse;
       6. Aggravated assault;
       7. Aggravated stalking;
       8. Murder;
       9. Manslaughter;
       10. Unlawful throwing, placing, or discharging of a
destructive device or bomb;
       11. Armed burglary in violation of s. 810.02(2)(b) or
specified burglary of a dwelling or structure in violation of s.
810.02(2)(c), or burglary with an assault or battery in
violation of s. 810.02(2)(a);
       12. Aggravated battery;
       13. Any lewd or lascivious offense committed upon or in the
presence of a person less than 16 years of age;
       14. Carrying, displaying, using, threatening, or attempting
to use a weapon or firearm during the commission of a felony;
       15. Grand theft in violation of s. 812.014(2)(a);
       16. Possessing or discharging any weapon or firearm on
school property in violation of s. 790.115;
       17. Home invasion robbery;
       18. Carjacking; or
       19. Grand theft of a motor vehicle in violation of s.
812.014(2)(c)6. or grand theft of a motor vehicle valued at
$20,000 or more in violation of s. 812.014(2)(b) if the child
has a previous adjudication for grand theft of a motor vehicle
in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
       (b) With respect to any child who was 16 or 17 years of age
at the time the alleged forcible felony as defined in s. 776.08
offense was committed, the state attorney may file an
information when in the state attorney’s judgment and discretion
the public interest requires that adult sanctions be considered
or imposed. However, the state attorney may not file an
information on a child charged with a misdemeanor, unless the
child has had at least two previous adjudications or
adjudications withheld for delinquent acts, one of which
involved an offense classified as a forcible felony as defined
in s. 776.08 under state law.
       (2) NOTIFICATION TO PARENT OR GUARDIAN.—Upon the filing by
the state attorney of an information transferring a child to
adult court, the court must advise the child and his or her
parent or legal guardian that the child has the right to a due
process evidentiary hearing before a judge.
       (3) DUE PROCESS EVIDENTIARY HEARING.—Notwithstanding any
other law, and in all cases, a child charged with a crime or his
or her parent or legal guardian must be afforded a due process
evidentiary hearing before a judge after the state attorney
files an information in adult court under this section.
       (a) The judge shall conduct the hearing within 30 days
after the request, excluding Saturdays, Sundays, and legal
holidays, unless the child or the child’s attorney shows good
cause for a delay. The purpose of the hearing is for the court
to determine whether it is necessary for the community’s
protection that the child be prosecuted in adult court. The
judge shall consider all of the following:
       1. Evaluations and assessments completed by the department.
       2. The sophistication and maturity of the child, including:
       a. The effect, if any, of immaturity, impetuosity, or
failure to appreciate risks and consequences on the child’s
participation in the alleged offense.
       b. The child’s age, maturity, intellectual capacity, and
mental and emotional health at the time of the alleged offense.
       c. The effect, if any, of characteristics attributable to
the child’s youth on his or her judgment.
       3. The record and previous history of the child, including:
       a. Previous contacts with the department, the Department of
Corrections, the Department of Children and Families, other law
enforcement agencies, and the courts.
       b. Prior periods of probation.
       c. Prior adjudications that the child committed a
delinquent act or violation of law, with greater weight being
given if a court previously found that the child committed a
delinquent act or violation of law involving violence to
persons.
       d. Prior commitments to institutions of the department, the
Department of Corrections, or agencies under contract with
either department.
       e. Any history of trauma, abuse or neglect, foster care
placements, failed adoption, fetal alcohol syndrome, exposure to
controlled substances at birth, or below-average intellectual
functioning.
       f. Identification of the child as a student requiring
exceptional student education or having previously received
psychological services.
       4. The nature of the alleged offense and the child’s
participation in it, including:
       a. Whether the alleged offense is punishable by death or
life imprisonment.
       b. Whether the alleged offense was against persons or
property.
       c. Whether the alleged offense is alleged to have been
committed in an aggressive, violent, or premeditated manner.
       d. The extent of the child’s participation in the alleged
offense.
       e. The effect, if any, of familial pressure or peer
pressure on the child’s actions.
       5. The prospects for adequate protection of the public and
the likelihood of reasonable rehabilitation of the child, if the
child is found to have committed the alleged offense:
       a. By the use of procedures, services, and facilities
currently available to the juvenile court.
       b. By the use of procedures, services, and facilities
currently available to the adult court, including whether the
lowest permissible sentence under the Criminal Punishment Code
is a nonstate prison sanction.
       6. Whether the child could obtain habilitative or
rehabilitative services available in the juvenile justice
system.
       7. Whether the child could receive a sentence in juvenile
court which would provide adequate safety and protection for the
community.
       8. Whether the child’s best interests would be served by
prosecuting the child in juvenile court.
       (b) The judge may consider any reports that may assist the
court, including prior predisposition reports, psychosocial
assessments, individual educational plans, developmental
assessments, school records, abuse or neglect reports, home
studies, protective investigations, and psychological and
psychiatric evaluations. The child, the child’s parent or legal
guardian, his or her defense counsel, and the state attorney may
examine these reports and, at the hearing, question the parties
responsible for creating them.
       (c) The adult court shall retain jurisdiction unless the
court finds by a preponderance of the evidence that the factors
listed in paragraph (a) support returning the child to juvenile
court.
       (d) The adult court shall render an order that includes
specific findings of fact and the reasons for its decision. The
prosecution or defense may seek immediate review of the order
through interlocutory appeal. The order is reviewable on appeal
under the Florida Rules of Appellate Procedure.
       (4)(2) EFFECT OF PROSECUTING CHILDREN AS ADULTS DIRECT
FILE.—
       (a) Once a child has been transferred for criminal
prosecution pursuant to an information and has been found to
have committed the presenting offense or a lesser included
offense, the child shall be handled thereafter in every respect
as if an adult for any subsequent violation of state law, unless
the court imposes juvenile sanctions under s. 985.565.
       (b) When a child is transferred for criminal prosecution as
an adult, the court shall immediately transfer and certify to
the adult circuit court all felony cases pertaining to the
child, for prosecution of the child as an adult, which have not
yet resulted in a plea of guilty or nolo contendere or in which
a finding of guilt has not been made. If a child is acquitted of
all charged offenses or lesser included offenses contained in
the original case transferred to adult court, all felony cases
that were transferred to adult court as a result of this
paragraph shall be subject to the same penalties to which such
cases would have been subject before being transferred to adult
court.
       (c) When a child has been transferred for criminal
prosecution as an adult and has been found to have committed a
violation of state law, the disposition of the case may be made
under s. 985.565 and may include the enforcement of any
restitution ordered in any juvenile proceeding.
       (5)(3) CHARGES INCLUDED IN INFORMATION.—An information
filed pursuant to this section may include all charges that are
based on the same act, criminal episode, or transaction as the
primary offenses.
       Section 4. Subsection (1) of section 985.15, Florida
Statutes, is amended to read:
       985.15 Filing decisions.—
       (1) The state attorney may in all cases take action
independent of the action or lack of action of the juvenile
probation officer and shall determine the action that is in