House Bill 613 amends Florida Statutes concerning the prosecution of children as adults, enhancing protections and due process 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 state attorneys to request a court transfer for adult prosecution and to provide written justifications for not doing so. Additionally, the bill revises the criteria for discretionary direct filing of juvenile cases and 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.

Key provisions include a requirement for a timely hearing where judges must evaluate factors such as the child's maturity and the nature of the alleged offense. The bill ensures that all felony cases related to the child are transferred and certified immediately upon adult prosecution, and if the child is acquitted, the cases revert to pre-transfer penalties. It also clarifies the state attorney's discretion in filing decisions and updates the definition of "waiver hearing." The act is scheduled to take effect on July 1, 2025.

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