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 a state attorney to request a transfer to adult court and to provide written reasons 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 filed.

The bill establishes specific procedures for the evidentiary hearing, including timelines and factors for the judge to consider, such as the child's maturity and the nature of the alleged offense. It retains adult court jurisdiction unless the evidence suggests the child should return to juvenile court. Furthermore, it clarifies sentencing alternatives for juveniles, allowing for adult, juvenile, or alternative sanctions, and removes the presumption that adult sanctions are appropriate upon transfer. The definition of "waiver hearing" is updated, and the act is set to take effect on July 1, 2025.

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