House Bill 613 amends Florida Statutes concerning the prosecution of children as adults, introducing significant changes to the process. The bill prohibits holding a child in an adult jail or facility before a hearing to determine if they should be prosecuted as an adult, unless the child waives this right. It eliminates the requirement for state attorneys to request a court transfer for adult prosecution and to provide written justifications for not doing so. The bill also revises the criteria for discretionary direct filing and mandates that courts inform children and their guardians of their right to a due process evidentiary hearing prior to any transfer to adult court.

Additionally, the bill establishes a timeline for judges to conduct hearings to evaluate whether a child should be prosecuted as an adult, taking into account factors such as the child's maturity and the nature of the alleged offense. It ensures that all related felony cases are transferred to adult court when a child is transferred for prosecution, and if acquitted, those cases will still face the same penalties as if they had not been transferred. The bill modifies the state attorney's discretion in filing decisions and clarifies sentencing options for juveniles, allowing for both adult and juvenile sanctions without combining them. The act is set to take effect on July 1, 2025.

Statutes affected:
H 613 Filed: 985.265, 985.557, 985.15