The bill amends Florida Statutes concerning the prosecution of children as adults, specifically addressing the detention of minors prior to court hearings. It prohibits the detention of a child in an adult facility before a court determines whether the child should be prosecuted as an adult, unless the child waives this right. The bill removes the requirement for a state attorney to request a court transfer for adult prosecution and eliminates references to the state attorney's discretion in direct filing for juvenile cases. It also mandates that children and their guardians be informed of their right to a due process evidentiary hearing when a state attorney files for a transfer to adult court, outlining the criteria judges must consider during these hearings.

Additionally, the bill modifies the process for transferring cases and sentencing alternatives for juveniles. It requires that all felony cases related to a child being transferred for adult prosecution be immediately transferred to adult court, with provisions for reversion if the child is acquitted. The state attorney is granted more autonomy in prosecuting juveniles, removing the necessity for a transfer request if certain criteria are met. The bill also clarifies sentencing options, allowing for both adult and juvenile sanctions, and updates the definition of "waiver hearing." The act is set to take effect on July 1, 2026.

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