House Bill 613 amends Florida Statutes concerning the prosecution of children as adults, emphasizing the protection of due process rights for minors. The bill prohibits the detention of a child in an adult facility prior to a court hearing unless the child waives this right. It eliminates the requirement for a state attorney to request a court transfer for adult prosecution and removes references to the state attorney's discretion in direct filing for juvenile cases. Additionally, it mandates that children and their guardians be informed of their right to a due process evidentiary hearing when a transfer to adult court is sought, and outlines specific criteria for judges to consider during these hearings.

The bill also stipulates that all felony cases related to a child must be transferred and certified when the child is prosecuted as an adult, with provisions for cases to revert to juvenile court if the child is acquitted. It introduces new language allowing for the inclusion of all charges stemming from the same act in the information filed. Furthermore, it revises sentencing alternatives for juveniles, allowing for more flexibility in imposing sanctions based on the nature of the offense. The definition of "waiver hearing" is updated, and the act is set to take effect on July 1, 2025, aiming to balance public safety with the rehabilitation of young offenders.

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