This bill amends various sections of the Florida Statutes concerning the prosecution of children as adults, emphasizing the protection of children's rights in the legal process. It prohibits the detention of a child in an adult jail or facility prior to a court hearing unless the child waives this right. The bill eliminates the requirement for state attorneys to request a court transfer for adult prosecution and to provide written justifications for not doing so. It also revises the criteria for direct filing of charges against children and mandates that both the child and their guardian be informed of their right to a due process evidentiary hearing before any transfer to adult court occurs.

Furthermore, the bill stipulates that a judge must hold a hearing within 30 days to determine if the child should be prosecuted as an adult, taking into account factors such as the child's maturity and the nature of the alleged offense. The adult court maintains jurisdiction unless it finds sufficient evidence to return the child to juvenile court. The legislation also grants state attorneys greater discretion in handling juvenile cases, removing previous constraints related to juvenile probation officers' decisions. It clarifies sentencing alternatives for juveniles, allowing for a wider range of options rather than mandating adult sanctions upon transfer. The act is scheduled to take effect on July 1, 2025.

Statutes affected:
S 950 Filed: 985.265, 985.557, 985.15, 985.03