House Bill 295 amends several sections of Florida Statutes concerning the prosecution of children as adults, emphasizing the protection of due process rights for minors. The bill prohibits holding a child in an adult facility before a hearing to determine if they should be prosecuted as an adult, unless the child waives this right. It removes the requirement for state attorneys to request a court transfer for adult prosecution and to provide written reasons for not doing so. Additionally, it revises the criteria for discretionary direct filing 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 legislation also establishes that judges must conduct hearings within a specified timeframe, considering factors such as the child's maturity and the nature of the alleged offense. It allows for immediate review of the court's order, which is subject to appeal under the Florida Rules of Appellate Procedure. Furthermore, the bill clarifies sentencing alternatives for juveniles, stating that courts may impose either adult or juvenile sanctions but not both. The changes aim to streamline the juvenile justice process and clarify the legal framework, with the new provisions set to take effect on July 1, 2026.

Statutes affected:
H 295 Filed: 985.265, 985.557, 985.15, 985.03