This bill amends various sections of the Florida Statutes concerning the prosecution of children as adults, introducing significant changes to the legal process. It prohibits the detention of a child in an adult jail or facility prior to a court hearing that determines whether the child should be prosecuted as an adult, 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 discretionary 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 a judge when a transfer to adult court is sought.

Furthermore, the bill establishes that a judge must conduct the hearing within a specified timeframe, taking into account factors such as the child's maturity, prior history, and the nature of the alleged offense. It allows for the examination of relevant reports to assist the court's decision-making process. The adult court retains jurisdiction unless the factors indicate a return to juvenile court is warranted. The bill also grants state attorneys the authority to act independently of juvenile probation officers and modifies sentencing alternatives for juveniles prosecuted as adults, removing the mandatory imposition of adult sanctions upon a granted transfer motion. These changes aim to create a more individualized approach to juvenile justice, balancing the best interests of the child with public safety considerations, and are set to take effect on July 1, 2025.

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