HB 7029 2022
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hb7029-00
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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
A bill to be entitled 1
An act relating to time limitations for 2
preadjudicatory juvenile detention care; amending s. 3
985.24, F.S.; authorizing a court to order a child on 4
supervised release detention care to comply with 5
specified conditions; amending s. 985.26, F.S.; 6
authorizing a court to place a child on supervised 7
release detention care for any time period; providing 8
an exception; specifying the time period for which a 9
court may order a child to be held in secure detention 10
care under certain circumstances; authorizing a court 11
to extend the time period for secure detention care 12
under certain circumstances; requiring a court to make 13
specified findings; requiring a court to conduct a 14
hearing to determine the continued need for secure 15
detention care in certain circumstances; excluding 16
supervised release detention care from specified time 17
limitations; authorizing specified entities to conduct 18
electronic monitoring; providing an effective date. 19
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Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Subsections (2) through (4) of section 985.24, 23
Florida Statutes, are renumbered as subsections (3) through (5), 24
respectively, and a new subsection (2) is added to that sec tion 25
HB 7029 2022
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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
to read: 26
985.24 Use of detention; prohibitions. — 27
(2) The court may order a child who is placed on 28
supervised release detention care to comply with any condition 29
established by the department and ordered by the court, 30
including electronic monitorin g, if the court finds such a 31
condition is necessary to preserve public safety or to ensure 32
the child's safety or appearance in court. 33
Section 2. Subsections (2), (3), and (4) of section 34
985.26, Florida Statutes, are amended, and subsection (7) is 35
added to that section, to read: 36
985.26 Length of detention. — 37
(2)(a)1. A court may order a child to be placed on 38
supervised release detention care for any time period until an 39
adjudicatory hearing for the case has been commenced in good 40
faith by the court. H owever, if a child has served 75 days on 41
supervised release detention care, the court must conduct a 42
hearing within 15 days after the 75th day, excluding Saturdays, 43
Sundays, and legal holidays, to determine the need for continued 44
supervised release detenti on care. At the hearing, and upon good 45
cause being shown that the nature of the charge requires 46
additional time for the prosecution or defense of the case or 47
the totality of the circumstances, including the preservation of 48
public safety, warrant an extensi on, the court may order the 49
child to remain on supervised release detention care until an 50
HB 7029 2022
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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
adjudicatory hearing has been commenced in good faith by the 51
court. 52
2. Except as provided in paragraph (b) or paragraph (c), a 53
child may not be held in secure detention care under a special 54
detention order for more than 21 days unless an adjudicatory 55
hearing for the case has been commenced in good faith by the 56
court. 57
3. This section does not prohibit a court from 58
transitioning a child between secure detention car e and 59
supervised release detention care, including electronic 60
monitoring, when the court finds such a placement necessary to 61
preserve public safety or to ensure the child's safety, 62
appearance in court, or compliance with any condition of 63
supervised release detention care. Each period of secure 64
detention care counts toward the time limitation in this 65
paragraph whether served consecutively or nonconsecutively. 66
(b) Upon good cause being shown that the nature of the 67
charge requires additional time for the pro secution or defense 68
of the case or the totality of the circumstances, including the 69
preservation of public safety, warrant an extension , the court 70
may extend the length of secure detention care for an additional 71
up to an additional 21 9 days if the child is charged with an 72
offense which that would be, if committed by an adult, would be 73
a capital felony, a life felony, a felony of the first degree or 74
the second degree, or a felony of the third second degree 75
HB 7029 2022
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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
involving violence against any individual. The court may 76
continue to extend the period of secure detention care in 77
increments of up to 21 -days each by conducting a hearing before 78
the expiration of the current period, excluding Saturdays, 79
Sundays, and legal holidays, to determine the need for continued 80
secure detention of the child. At the hearing, the court must 81
make the required findings on the record to extend the period of 82
secure detention. If the court extends the time period for 83
secure detention care, it shall ensure an adjudicatory hearing 84
for the case commences as soon as is reasonably possible 85
considering the totality of the circumstances. The court shall 86
prioritize the efficient disposition of cases in which the child 87
has served 60 or more days in secure detention care. 88
(c) A prolific juvenile of fender under s. 985.255(1)(f) 89
shall be placed on supervised release detention care with 90
electronic monitoring or in secure detention care under a 91
special detention order until disposition. If secure detention 92
care is ordered by the court, it must be author ized under this 93
part and may not exceed: 94
1. Twenty-one days unless an adjudicatory hearing for the 95
case has been commenced in good faith by the court or the period 96
is extended by the court pursuant to paragraph (b); or 97
2. Fifteen days after the entry o f an order of 98
adjudication. 99
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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
As used in this paragraph, the term "disposition" means a 101
declination to file under s. 985.15(1)(h), the entry of nolle 102
prosequi for the charges, the filing of an indictment under s. 103
985.56 or an information under s. 985.557, a dismissal of the 104
case, or an order of final disposition by the court. 105
(d) A prolific juvenile offender under s. 985.255(1)(f) 106
who is taken into custody for a violation of the conditions of 107
his or her supervised release detention must be held in secure 108
detention until a detention hearing is held. 109
(3) Except as provided in subsection (2), a child may not 110
be held in detention care for more than 15 days after following 111
the entry of an order of adjudication. 112
(4)(a) The time limits in subsections (2) and ( 3) do not 113
include periods of delay resulting from a continuance granted by 114
the court for cause on motion of the child or his or her counsel 115
or of the state. Upon the issuance of an order granting a 116
continuance for cause on a motion by either the child, the 117
child's counsel, or the state, the court shall conduct a hearing 118
at the end of each 72 -hour period, excluding Saturdays, Sundays, 119
and legal holidays, to determine the need for continued secure 120
detention of the child and the need for further continuance of 121
proceedings for the child or the state. 122
(b) Any The period of for supervised release detention 123
care under this section is tolled on the date that the 124
department or a law enforcement officer alleges that the child 125
HB 7029 2022
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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
has violated a condition of the child's supervised release 126
detention care until the court enters a ruling on the violation. 127
Notwithstanding the tolling of supervised release detention 128
care, the court retains jurisdiction over the child for a 129
violation of a condition of supervised release detenti on care 130
during the tolling period. If the court finds that a child has 131
violated his or her supervised release detention care, the 132
number of days that the child served in any type of detention 133
care before commission of the violation shall be excluded from 134
the time limits under subsections (2) and (3). 135
(7) Any electronic monitoring ordered by a court as a 136
condition of supervised release detention care under this 137
section may be supervised by the department, a law enforcement 138
agency, or the department and a l aw enforcement agency working 139
in partnership. However, nothing in this subsection requires a 140
law enforcement agency to supervise a child placed on electronic 141
monitoring. 142
Section 3. This act shall take effect July 1, 2022. 143