Florida 2022 Regular Session

Florida House Bill H0407 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 407 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0407-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to prosecuting children as adults; 2
16	16	amending s. 985.556, F.S.; deleting provisions under 3
17	17	which a state attorney must either request a court to 4
18	18	transfer and certify children of certain ages who 5
19	19	commit specified crimes for prosecution as adult s or 6
20	20	provide written reasons to the court for not making 7
21	21	such a request, or must proceed under certain 8
22	22	provisions; amending s. 985.557, F.S.; revising the 9
23	23	circumstances under which a state attorney may file an 10
24	24	information in cases that involve children of certain 11
25	25	ages who commit certain crimes; amending s. 985.56, 12
26	26	F.S.; providing that children 14 years of age or 13
27	27	older, rather than children of any age, who are 14
28	28	charged with certain offenses are subject to court 15
29	29	jurisdiction until an indictment is returned; 16
30	30	prohibiting the transfer of a child to adult court for 17
31	31	criminal prosecution of an indictable offense until 18
32	32	the child's competency has been restored in certain 19
33	33	circumstances; providing for the tolling of certain 20
34	34	time limits; authorizing, rather than requiring , a 21
35	35	child who is found to have committed specified crimes 22
36	36	to be sentenced according to certain provisions; 23
37	37	amending s. 985.565, F.S.; authorizing, rather than 24
38	38	requiring, a child to be sentenced as an adult if the 25
39	39
40	40	HB 407 2022
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0407-00
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47	47	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
48	48
49	49
50	50
51	51	child is found to have committed an offense punishable 26
52	52	by death or life imprisonment; conforming provisions 27
53	53	to changes made by the act; amending s. 985.03, F.S.; 28
54	54	conforming a cross-reference; providing an effective 29
55	55	date. 30
56	56	31
57	57	Be It Enacted by the Legislature of the State of Florida: 32
58	58	33
59	59	Section 1. Subsections (2) and (3) of section 985.556, 34
60	60	Florida Statutes, are amended, and subsection (1) of that 35
61	61	section is republished, to read: 36
62	62	985.556 Waiver of juvenile court jurisdiction; hearing. — 37
63	63	(1) VOLUNTARY WAIVER. —The court shall transfer and certify 38
64	64	a child's criminal case for trial as an adult if the child is 39
65	65	alleged to have committed a violation of law and, prior to the 40
66	66	commencement of an adjudicatory hearing, the child, joined by a 41
67	67	parent or, in the absence of a parent, by the guardian or 42
68	68	guardian ad litem, demands in writing to be tried as an adult. 43
69	69	Once a child has been transferred for criminal prosecution 44
70	70	pursuant to a voluntary waiver hearing and has been found to 45
71	71	have committed the presenting offense or a lesser included 46
72	72	offense, the child shal l be handled thereafter in every respect 47
73	73	as an adult for any subsequent violation of state law, unless 48
74	74	the court imposes juvenile sanctions under s. 985.565(4)(b). 49
75	75	(2) INVOLUNTARY DISCRETIONARY WAIVER. —Except as provided 50
76	76
77	77	HB 407 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0407-00
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84	84	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
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86	86
87	87
88	88	in subsection (3), The state attorney may file a motion 51
89	89	requesting the court to transfer the child for criminal 52
90	90	prosecution if the child was 14 years of age or older at the 53
91	91	time the alleged delinquent act or violation of law was 54
92	92	committed. 55
93	93	(3) INVOLUNTARY MANDATORY WAIVER. — 56
94	94	(a) If the child was 14 years of age or older, and if the 57
95	95	child has been previously adjudicated delinquent for an act 58
96	96	classified as a felony, which adjudication was for the 59
97	97	commission of, attempt to commit, or conspiracy to commit 60
98	98	murder, sexual battery, armed or st rong-armed robbery, 61
99	99	carjacking, home-invasion robbery, aggravated battery, 62
100	100	aggravated assault, or burglary with an assault or battery, and 63
101	101	the child is currently charged with a second or subsequent 64
102	102	violent crime against a person; or 65
103	103	(b) If the child was 14 years of age or older at the time 66
104	104	of commission of a fourth or subsequent alleged felony offense 67
105	105	and the child was previously adjudicated delinquent or had 68
106	106	adjudication withheld for or was found to have committed, or to 69
107	107	have attempted or conspired to co mmit, three offenses that are 70
108	108	felony offenses if committed by an adult, and one or more of 71
109	109	such felony offenses involved the use or possession of a firearm 72
110	110	or violence against a person; 73
111	111	74
112	112	the state attorney shall request the court to transfer and 75
113	113
114	114	HB 407 2022
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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123	123
124	124
125	125	certify the child for prosecution as an adult or shall provide 76
126	126	written reasons to the court for not making such request, or 77
127	127	proceed under s. 985.557(1). Upon the state attorney's request, 78
128	128	the court shall either enter an order transferring the case and 79
129	129	certifying the case for trial as if the child were an adult or 80
130	130	provide written reasons for not issuing such an order. 81
131	131	Section 2. Section 985.557, Florida Statutes, is amended 82
132	132	to read: 83
133	133	985.557 Prosecuting children as adults Direct filing of an 84
134	134	information; discretionary criteria.— 85
135	135	(1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 86
136	136	FILE.— 87
137	137	(a) With respect to any child who was 14 or 15 years of 88
138	138	age at the time the alleged offense was committed, the state 89
139	139	attorney may file an information when in the state attorney's 90
140	140	judgment and discretion the public interest requires that adult 91
141	141	sanctions be considered or imposed and when the offense charged 92
142	142	is for the commission of, attempt to commit, or conspiracy to 93
143	143	commit: 94
144	144	1. Arson; 95
145	145	2. Sexual battery; 96
146	146	3. Robbery; 97
147	147	4. Kidnapping; 98
148	148	5. Aggravated child abuse; 99
149	149	6. Aggravated assault; 100
150	150
151	151	HB 407 2022
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154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	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
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160	160
161	161
162	162	7. Aggravated stalking; 101
163	163	8. Murder; 102
164	164	9. Manslaughter; 103
165	165	10. Unlawful throwing, placing, or discharging of a 104
166	166	destructive device or bomb; 105
167	167	11. Armed burglary in violation of s. 810.0 2(2)(b) or 106
168	168	specified burglary of a dwelling or structure in violation of s. 107
169	169	810.02(2)(c), or burglary with an assault or battery in 108
170	170	violation of s. 810.02(2)(a); 109
171	171	12. Aggravated battery; 110
172	172	13. Any lewd or lascivious offense committed upon or in 111
173	173	the presence of a person less than 16 years of age; 112
174	174	14. Carrying, displaying, using, threatening, or 113
175	175	attempting to use a weapon or firearm during the commission of a 114
176	176	felony; 115
177	177	15. Grand theft in violation of s. 812.014(2)(a); 116
178	178	16. Possessing or discharging any we apon or firearm on 117
179	179	school property in violation of s. 790.115; 118
180	180	17. Home invasion robbery; 119
181	181	18. Carjacking; or 120
182	182	19. Grand theft of a motor vehicle in violation of s. 121
183	183	812.014(2)(c)6. or grand theft of a motor vehicle valued at 122
184	184	$20,000 or more in violatio n of s. 812.014(2)(b) if the child 123
185	185	has a previous adjudication for grand theft of a motor vehicle 124
186	186	in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 125
187	187
188	188	HB 407 2022
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0407-00
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195	195	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
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197	197
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199	199	(b) With respect to any child who was 16 or 17 years of 126
200	200	age at the time the alleged forcible felony, as defined in s. 127
201	201	776.08, offense was committed, the state attorney may file an 128
202	202	information when in the state attorney's judgment and discretion 129
203	203	the public interest requires that adult sanctions be considered 130
204	204	or imposed. However, the state attorney may not file an 131
205	205	information on a child charged with a misdemeanor, unless the 132
206	206	child has had at least two previous adjudications or 133
207	207	adjudications withheld for delinquent acts, one of which 134
208	208	involved an offense classified as a forcible felony under state 135
209	209	law. 136
210	210	(2) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT 137
211	211	FILE.— 138
212	212	(a) Once a child has been transferred for criminal 139
213	213	prosecution pursuant to an information and has been found to 140
214	214	have committed the presenting offense or a lesser included 141
215	215	offense, the child shall be handled thereafter in every respect 142
216	216	as if an adult for any subsequent violation of state law, unless 143
217	217	the court imposes juvenile sanctions under s. 985.565. 144
218	218	(b) When a child is transferred for criminal prosecution 145
219	219	as an adult, the court shall immediate ly transfer and certify to 146
220	220	the adult circuit court all felony cases pertaining to the 147
221	221	child, for prosecution of the child as an adult, which have not 148
222	222	yet resulted in a plea of guilty or nolo contendere or in which 149
223	223	a finding of guilt has not been made. If a child is acquitted of 150
224	224
225	225	HB 407 2022
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0407-00
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232	232	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
233	233
234	234
235	235
236	236	all charged offenses or lesser included offenses contained in 151
237	237	the original case transferred to adult court, all felony cases 152
238	238	that were transferred to adult court as a result of this 153
239	239	paragraph shall be subject to the same penalties to which such 154
240	240	cases would have been subject before being transferred to adult 155
241	241	court. 156
242	242	(c) When a child has been transferred for criminal 157
243	243	prosecution as an adult and has been found to have committed a 158
244	244	violation of state law, the disposition of the case may b e made 159
245	245	under s. 985.565 and may include the enforcement of any 160
246	246	restitution ordered in any juvenile proceeding. 161
247	247	(3) CHARGES INCLUDED ON INFORMATION. —An information filed 162
248	248	pursuant to this section may include all charges that are based 163
249	249	on the same act, crim inal episode, or transaction as the primary 164
250	250	offenses. 165
251	251	Section 3. Section 985.56, Florida Statutes, is amended to 166
252	252	read: 167
253	253	985.56 Indictment of a juvenile. — 168
254	254	(1) A child 14 years of age or older of any age who is 169
255	255	charged with a violation of state law pu nishable by death or by 170
256	256	life imprisonment is subject to the jurisdiction of the court as 171
257	257	set forth in s. 985.0301(2) unless and until an indictment on 172
258	258	the charge is returned by the grand jury. When such indictment 173
259	259	is returned, the petition for delinquency, if any, must be 174
260	260	dismissed and the child must be tried and handled in every 175
261	261
262	262	HB 407 2022
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265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0407-00
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269	269	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
270	270
271	271
272	272
273	273	respect as an adult: 176
274	274	(a) On the indictable offense punishable by death or by 177
275	275	life imprisonment; and 178
276	276	(b) On all other felonies or misdemeanors charged in the 179
277	277	indictment which are based on the same act or transaction as the 180
278	278	indictable offense punishable by death or by life imprisonment 181
279	279	or on one or more acts or transactions connected with the 182
280	280	offense punishable by death or by life imprisonment. 183
281	281	(2) An adjudicatory hearing may not be held until 21 days 184
282	282	after the child is taken into custody and charged with having 185
283	283	committed an indictable offense punishable by death or by life 186
284	284	imprisonment, unless the state attorney advises the court in 187
285	285	writing that he or she does not intend to present the case to 188
286	286	the grand jury, or has presented the case to the grand jury and 189
287	287	the grand jury has not returned an indictment. If the court 190
288	288	receives such a notice from the state a ttorney, or if the grand 191
289	289	jury fails to act within the 21 -day period, the court may 192
290	290	proceed as otherwise authorized under this part. 193
291	291	(3) Notwithstanding any other law, a child who commits an 194
292	292	offense for which he or she may be indicted and who has a 195
293	293	pending competency hearing in juvenile court or who previously 196
294	294	has been found to be incompetent and has not been restored to 197
295	295	competency by a court may not be transferred to adult court for 198
296	296	criminal prosecution until the child's competency is restored. A 199
297	297	pending competency hearing or a finding of incompetency tolls 200
298	298
299	299	HB 407 2022
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303	303	CODING: Words stricken are deletions; words underlined are additions.
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306	306	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
307	307
308	308
309	309
310	310	the time limits in subsection (2). If the child is found to have 201
311	311	committed the offense punishable by death or by life 202
312	312	imprisonment, the child may shall be sentenced pursuant to s. 203
313	313	985.565 as an adult. If the juvenile is not found to have 204
314	314	committed the indictable offense but is found to have committed 205
315	315	a lesser included offense or any other offense for which he or 206
316	316	she was indicted as a part of the criminal episode, the court 207
317	317	may sentence under s. 985.565. 208
318	318	(4)(a) If Once a child has been indicted pursuant to this 209
319	319	section and has been found to have committed any offense for 210
320	320	which he or she was indicted as a part of the criminal episode, 211
321	321	the child must shall be handled thereafter in every respect as 212
322	322	if an adult for any subsequent violation of state law, unless 213
323	323	the court imposes juvenile sanctions under s. 985.565. 214
324	324	(b) If When a child has been indicted pursuant to this 215
325	325	section, the court must shall immediately transfer and certify 216
326	326	to the adult circuit court all felony cases pertaining to the 217
327	327	child, for prosecution of the child as an adult, which have not 218
328	328	yet resulted in a plea of guilty or nolo contendere or in which 219
329	329	a finding of guilt has not been made. If the child is acquitted 220
330	330	of all charged offenses or le sser included offenses contained in 221
331	331	the indictment case, all felony cases that were transferred to 222
332	332	adult court pursuant to this paragraph must shall be subject to 223
333	333	the same penalties such cases were subject to before being 224
334	334	transferred to adult court. 225
335	335
336	336	HB 407 2022
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	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
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346	346
347	347	Section 4. Paragraphs (a) and (b) of subsection (4) of 226
348	348	section 985.565, Florida Statutes, are amended to read: 227
349	349	985.565 Sentencing powers; procedures; alternatives for 228
350	350	juveniles prosecuted as adults. — 229
351	351	(4) SENTENCING ALTERNATIVES. — 230
352	352	(a) Adult sanctions.— 231
353	353	1. Cases prosecuted on indictment. —If the child is found 232
354	354	to have committed the offense punishable by death or life 233
355	355	imprisonment, the child may shall be sentenced as an adult. If 234
356	356	the juvenile is not found to have committed the indictable 235
357	357	offense but is found to have committed a lesser included offense 236
358	358	or any other offense for which he or she was indicted as a part 237
359	359	of the criminal episode, the court may sentence as follows: 238
360	360	a. As an adult; 239
361	361	b. Under chapter 958; or 240
362	362	c. As a juvenile under this section. 241
363	363	2. Other cases.—If a child who has been transferred for 242
364	364	criminal prosecution pursuant to information or waiver of 243
365	365	juvenile court jurisdiction is found to have committed a 244
366	366	violation of state law or a lesser included offense for which he 245
367	367	or she was charged as a part of the criminal episode, the court 246
368	368	may sentence as follows: 247
369	369	a. As an adult; 248
370	370	b. Under chapter 958; or 249
371	371	c. As a juvenile under this section. 250
372	372
373	373	HB 407 2022
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380	380	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
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384	384	3. Notwithstanding any other provision to the contrary, if 251
385	385	the state attorney is required to file a motion to transfer and 252
386	386	certify the juvenile for prosecution as an adult under s. 253
387	387	985.556(3) and that motion is granted, the court must impose 254
388	388	adult sanctions. 255
389	389	3.4. Any sentence imposing adult sanctions is presumed 256
390	390	appropriate, and the court is not requi red to set forth specific 257
391	391	findings or enumerate the criteria in this subsection as any 258
392	392	basis for its decision to impose adult sanctions. 259
393	393	4.5. When a child has been transferred for criminal 260
394	394	prosecution as an adult and has been found to have committed a 261
395	395	violation of state law, the disposition of the case may include 262
396	396	the enforcement of any restitution ordered in any juvenile 263
397	397	proceeding. 264
398	398	(b) Juvenile sanctions.—For juveniles transferred to adult 265
399	399	court but who do not qualify for such transfer under s. 266
400	400	985.556(3), the court may impose juvenile sanctions under this 267
401	401	paragraph. If juvenile sentences are imposed, the court shall, 268
402	402	under this paragraph, adjudge the child to have committed a 269
403	403	delinquent act. Adjudication of delinquency may not be deemed a 270
404	404	conviction, nor shall it operate to impose any of the civil 271
405	405	disabilities ordinarily resulting from a conviction. The court 272
406	406	shall impose an adult sanction or a juvenile sanction and may 273
407	407	not sentence the child to a combination of adult and juvenile 274
408	408	punishments. An adult sanction or a juvenile sanction may 275
409	409
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417	417	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
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421	421	include enforcement of an order of restitution or probation 276
422	422	previously ordered in any juvenile proceeding. However, if the 277
423	423	court imposes a juvenile sanction and the department determines 278
424	424	that the sanction is unsuitable for the child, the department 279
425	425	shall return custody of the child to the sentencing court for 280
426	426	further proceedings, including the imposition of adult 281
427	427	sanctions. Upon adjudicating a child delinquent under subsection 282
428	428	(1), the court may: 283
429	429	1. Place the child in a probation program under the 284
430	430	supervision of the department for an indeterminate period of 285
431	431	time until the child reaches the age of 19 years or sooner if 286
432	432	discharged by order of the court. 287
433	433	2. Commit the child to the department for treatment in an 288
434	434	appropriate program for children for an indeterminate period of 289
435	435	time until the child is 21 or sooner if discharged by the 290
436	436	department. The department shall notify the court of its intent 291
437	437	to discharge no later than 14 days before discharge. Failure of 292
438	438	the court to timely respond to the department's notice shall be 293
439	439	considered approval for discharge. 294
440	440	3. Order disposition under ss. 985.435, 985.437, 985.439, 295
441	441	985.441, 985.45, and 985.455 as an alternative to youthful 296
442	442	offender or adult sentencing if the court determines not to 297
443	443	impose youthful offender or adult sanctions. 298
444	444	299
445	445	It is the intent of the Legislature that the criteria and 300
446	446
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454	454	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
455	455
456	456
457	457
458	458	guidelines in this subsection are mandatory and that a 301
459	459	determination of disposition under this subsection is subject to 302
460	460	the right of the child to appellate review under s. 985.534. 303
461	461	Section 5. Subsection (54) of section 985.03, Florida 304
462	462	Statutes, is amended to read: 305
463	463	985.03 Definitions. —As used in this chapter, the term: 306
464	464	(54) "Waiver hearing" means a hearing provided for under 307
465	465	s. 985.556(3) s. 985.556(4). 308
466	466	Section 6. This act shall take effect July 1, 2022. 309