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