F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 969 2024
1 A bill to be entitled
2 An act relating to direct filing of an information;
3 amending s. 985.265, F.S.; prohibiting holding a child
4 transferred to adult court for criminal prosecution in
5 an adult facility before a hearing; providing an
6 exception; amending s. 985.556, F.S.; deleting
7 provisions concerning involuntary mandatory waivers;
8 amending s. 985.557, F.S.; deleting provisions
9 allowing discretionary waivers of children 14 or 15
10 years of age for specified offenses; deleting
11 references to the state attorney's discretion to
12 direct file a juvenile; revising discretionary direct
13 file criteria; requiring a court to advise a child and
14 his or her parent or guardian of the child's right to
15 a hearing after an information transferring a child to
16 adult court is filed; authorizing a request for an
17 evidentiary hearing; requiring a hearing within a
18 certain time; requiring a judge to consider specified
19 information and factors; authorizing a judge to
20 consider certain reports; providing for continued
21 jurisdiction; providing an exception; requiring the
22 adult court's order to include certain findings;
23 authorizing review; amending ss. 985.03 and 985.565,
24 F.S.; conforming provisions to changes made by the
25 act; providing an effective date.
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HB 969 2024
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (5) of section 985.265, Florida
30 Statutes, is amended to read:
31 985.265 Detention transfer and release; education; adult
32 jails.—
33 (5) The court shall order the delivery of a child to a
34 jail or other facility intended or used for the detention of
35 adults:
36 (a) When the child has been transferred or indicted for
37 criminal prosecution as an adult under part X, except that :
38 1. The court may not order or allow a child alleged to
39 have committed a misdemeanor who is being transferred for
40 criminal prosecution pursuant to either s. 985.556 or s. 985.557
41 to be detained or held in a jail or other facility intended or
42 used for the detention of adults; however, such child may be
43 held temporarily in a detention facility; and
44 2. A child who has been transferred for criminal
45 prosecution as an adult pursuant to s. 985.557 may not be held
46 in a jail or other facility intended or used for the detention
47 of adults before a court finding, as a result of a hearing
48 provided for under s. 985.557(3), that the child should be
49 prosecuted as an adult, unless the child waives his or her right
50 to such hearing; or
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HB 969 2024
51 (b) When a child taken into custody in this state is
52 wanted by another jurisdiction for prosecution as an adult.
53
54 The child shall be housed separately from adult inmates to
55 prohibit a child from having regular contact with incarcerated
56 adults, including trusties. "Regular contact" means sight and
57 sound contact. Separation of children from adults shall permit
58 no more than haphazard or accidental contact. The receiving jail
59 or other facility shall contain a separate section for children
60 and shall have an adequate staff to supervise and monitor the
61 child's activities at all times. Supervision and monitoring of
62 children includes physical observation and documented checks by
63 jail or receiving facility supervisory personnel at intervals
64 not to exceed 10 minutes. This subsection does not prohibit
65 placing two or more children in the same cell. Under no
66 circumstances shall a child be placed in the same cell with an
67 adult.
68 Section 2. Subsections (4) and (5) of section 985.556,
69 Florida Statutes, are renumbered as subsections (3) and (4),
70 respectively, and present subsections (2) and (3) amended, to
71 read:
72 985.556 Waiver of juvenile court jurisdiction; hearing. —
73 (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided
74 in subsection (3), The state attorney may file a motion
75 requesting the court to transfer the child for criminal
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76 prosecution if the child was 14 years of age or older at the
77 time the alleged delinquent act or violation of law was
78 committed.
79 (3) INVOLUNTARY MANDATORY WAIVER.—
80 (a) If the child was 14 years of age or older, and if the
81 child has been previously adjudicated delinquent for an act
82 classified as a felony, which adjudication was for the
83 commission of, attempt to commit, or conspiracy to commit
84 murder, sexual battery, armed or strong-armed robbery,
85 carjacking, home-invasion robbery, aggravated battery,
86 aggravated assault, or burglary with an assault or battery, and
87 the child is currently charged with a second or subsequent
88 violent crime against a person; or
89 (b) If the child was 14 years of age or older at the time
90 of commission of a fourth or subsequent alleged felony offense
91 and the child was previously adjudicated delinquent or had
92 adjudication withheld for or was found to have committed, or to
93 have attempted or conspired to commit, three offenses that are
94 felony offenses if committed by an adult, and one or more of
95 such felony offenses involved the use or possession of a firearm
96 or violence against a person;
97
98 the state attorney shall request the court to transfer and
99 certify the child for prosecution as an adult or shall provide
100 written reasons to the court for not making such request, or
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101 proceed under s. 985.557(1). Upon the state attorney's request,
102 the court shall either enter an order transferring the case and
103 certifying the case for trial as if the child were an adult or
104 provide written reasons for not issuing such an order.
105 Section 3. Section 985.557, Florida Statutes, is amended
106 to read:
107 985.557 Direct filing of an information; discretionary
108 criteria.—
109 (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
110 FILE.—
111 (a) With respect to any child who was 14 or 15 years of
112 age at the time the alleged offense was committed, the state
113 attorney may file an information when in the state attorney's
114 judgment and discretion the public interest requires that adult
115 sanctions be considered or imposed and when the offense charged
116 is for the commission of, attempt to commit, or conspiracy to
117 commit:
118 1. Arson;
119 2. Sexual battery;
120 3. Robbery;
121 4. Kidnapping;
122 5. Aggravated child abuse;
123 6. Aggravated assault;
124 7. Aggravated stalking;
125 8. Murder;
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126 9. Manslaughter;
127 10. Unlawful throwing, placing, or discharging of a
128 destructive device or bomb;
129 11. Armed burglary in violation of s. 810.02(2)(b) or
130 specified burglary of a dwelling or structure in violation of s.
131 810.02(2)(c), or burglary with an assault or battery in
132 violation of s. 810.02(2)(a);
133 12. Aggravated battery;
134 13. Any lewd or lascivious offense committed upon or in
135 the presence of a person less than 16 years of age;
136 14. Carrying, displaying, using, threatening, or
137 attempting to use a weapon or firearm during the commission of a
138 felony;
139 15. Grand theft in violation of s. 812.014(2)(a);
140 16. Possessing or discharging any weapon or firearm on
141 school property in violation of s. 790.115;
142 17. Home invasion robbery;
143 18. Carjacking; or
144 19. Grand theft of a motor vehicle in violation of s.
145 812.014(2)(c)6. or grand theft of a motor vehicle valued at
146 $20,000 or more in violation of s. 812.014(2)(b) if the child
147 has a previous adjudication for grand theft of a motor vehic le
148 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
149 (b) With respect to any child who was 16 or 17 years of
150 age at the time the alleged forcible felony, as defined in s.
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151 776.08 offense was committed, the state attorney may file an
152 information when in the state attorney's judgment and discretion
153 the public interest requires that adult sanctions be considered
154 or imposed. However, the state attorney may not file an
155 information on a child charged with a misdemeanor, unless the
156 child has had at least two previous adjudications or
157 adjudications withheld for delinquent acts, one of which
158 involved an offense classified as a forcible felony under state
159 law.
160 (2) NOTIFICATION TO PARENT OR GUARDIAN.—Upon a state
161 attorney filing an information transferring a child to adult
162 court, the court must advise the child and his or her parent or
163 guardian that the child has the right to a due process
164 evidentiary hearing before a judge, and the child or the parent
165 or guardian may request such evidentiary hearing.
166 (3) DUE PROCESS EVIDENTIARY HEARING BEFORE A JUDGE.—
167 Notwithstanding any other law, and in all cases, a child charged
168 with a crime or his or her parent or guardian may request a due
169 process evidentiary hearing after the state attorney's filing of
170 an information in adult court under this section.
171 (a) The judge shall conduct the hearing within 30 days
172 after the request, excluding Saturdays, Sundays, and legal
173 holidays, unless the child or the child's attorney shows good
174 cause for a delay. The purpose of the hearing is for the court
175 to determine whether it is necessary for the community's
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176 protection that the child be prosecuted in adult court. The
177 judge shall consider all of the following:
178 1. Evaluations and assessments completed by the
179 department.
180 2. The sophistication and maturity of the child,
181 including:
182 a. The effect, if any, of immaturity, impetuosity, or
183 failure to appreciate risks and consequences of the child's
184 participation in the alleged offense.
185 b. The child's age, maturity, intellectual capacity, and
186 mental and emotional health at the time of the alleged offense.
187 c. The effect, if any, of characteristics attributable to
188 the child's youth on his or her judgment.
189 3. The record and previous history of the child,
190 including:
191 a. Previous contacts with the department, the Department
192 of Corrections, the Department of Children and Families, other
193 law enforcement agencies, and the courts.
194 b. Prior periods of probation.
195 c. Prior adjudications that the child committed a
196 delinquent act or violation of law, with greater weight being
197 given if a court previously found that the child committed a
198 delinquent act or violation of law involving violence to
199 persons.
200 d. Prior commitments to institutions of the department,
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201 the Department of Corrections, or agencies under contract with
202 either department.
203 e. Any history of trauma, abuse or neglect, foster care
204 placements, failed adoption, fetal alcohol syndrome, exposure to
205 controlled substances at birth, or below-average intellectual
206 functioning.
207 f. Identification of the child as a student requiring
208 exceptional student education or having previously received
209 psychological services.
210 4. The nature of the alleged offense and the child's
211 participation in it, including:
212 a. Whether the alleged offense is punishable by death or
213 life imprisonment.
214 b. Whether the alleged offense was against persons or
215 property.
216 c. Whether the alleged offense is alleged to have been
217 committed in an aggressive, violent, or premeditated manner.
218 d. The extent of the child's participation in the alleged
219 offense.
220 e. The effect, if any, of familial pressure or peer
221 pressure on the child's actions.
222 5. The prospects for adequate protection of the public and
223 the likelihood of reasonable rehabilitation of the child, if the
224 child is found to have committed the alleged offense:
225 a. By the use of procedures, services, and facilities