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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 prosecuting children as adults; 2
amending s. 985.265, F.S.; prohibiting a jail or other 3
facility intended or used for the detention of adults 4
from holding a child who has been transferred to adult 5
court for criminal prosecution before a s pecified 6
hearing is held to determine if the child should be 7
prosecuted as an adult, unless the child waives his or 8
her right to such hearing; amending s. 985.556, F.S.; 9
deleting provisions requiring a state attorney to 10
request a court to transfer and cert ify a child for 11
prosecution as an adult or to provide written reasons 12
to the court for not making such request, or to 13
proceed under a specified provision; amending s. 14
985.557, F.S.; deleting references to the state 15
attorney's discretion to direct file a ju venile; 16
revising discretionary direct file criteria; requiring 17
a court to advise a child and his or her parent or 18
legal guardian of the child's right to a due process 19
evidentiary hearing before a judge upon the filing by 20
a state attorney of an information transferring the 21
child to adult court; requiring that the child or the 22
child's parent or legal guardian be afforded such 23
hearing; requiring the judge to conduct the hearing 24
within a certain timeframe; requiring the judge to 25
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consider specified information a nd factors during such 26
hearing; authorizing the judge to consider, and 27
certain parties to the action to examine, certain 28
reports; providing for continued jurisdiction of the 29
adult court with regard to the child unless the court 30
makes a specified finding by a preponderance of the 31
evidence; requiring the adult court to render an order 32
that includes certain findings of fact; authorizing 33
immediate review of the order; providing that the 34
order is reviewable on appeal under specified rules; 35
amending ss. 985.15 an d 985.565, F.S.; conforming 36
provisions to changes made by the act; amending s. 37
985.03, F.S.; conforming a cross -reference; providing 38
an effective date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Subsection (5) of section 985.265, Florida 43
Statutes, is amended to read: 44
985.265 Detention transfer and release; education; adult 45
jails.— 46
(5) The court shall order the delivery of a child to a 47
jail or other facility intended or used for the detention of 48
adults: 49
(a) When the child has been transferred or indicted for 50
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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
criminal prosecution as an adult under part X, except that : 51
1. The court may not order or allow a child alleged to 52
have committed a misdemeanor who is being transferred for 53
criminal prosecution pursuant to eithe r s. 985.556 or s. 985.557 54
to be detained or held in a jail or other facility intended or 55
used for the detention of adults; however, such child may be 56
held temporarily in a detention facility; and 57
2. A child who has been transferred for criminal 58
prosecution as an adult pursuant to s. 985.557 may not be held 59
in a jail or other facility intended or used for the detention 60
of adults before a court finding, as a result of a hearing 61
provided for under s. 985.557(3), that the child should be 62
prosecuted as an adu lt, unless the child waives his or her right 63
to such hearing; or 64
(b) When a child taken into custody in this state is 65
wanted by another jurisdiction for prosecution as an adult. 66
67
The child shall be housed separately from adult inmates to 68
prohibit a child from having regular contact with incarcerated 69
adults, including trusties. "Regular contact" means sight and 70
sound contact. Separation of children from adults shall permit 71
no more than haphazard or accidental contact. The receiving jail 72
or other facility shall contain a separate section for children 73
and shall have an adequate staff to supervise and monitor the 74
child's activities at all times. Supervision and monitoring of 75
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children includes physical observation and documented checks by 76
jail or receiving faci lity supervisory personnel at intervals 77
not to exceed 10 minutes. This subsection does not prohibit 78
placing two or more children in the same cell. Under no 79
circumstances shall a child be placed in the same cell with an 80
adult. 81
Section 2. Subsections (2) and (3) of section 985.556, 82
Florida Statutes, are amended to read: 83
985.556 Waiver of juvenile court jurisdiction; hearing. — 84
(2) INVOLUNTARY DISCRETIONARY WAIVER. —Except as provided 85
in subsection (3), The state attorney may file a motion 86
requesting the court to transfer the child for criminal 87
prosecution if the child was 14 years of age or older at the 88
time the alleged delinquent act or violation of law was 89
committed. 90
(3) INVOLUNTARY MANDATORY WAIVER. — 91
(a) If the child was 14 years of age or older, and if the 92
child has been previously adjudicated delinquent for an act 93
classified as a felony, which adjudication was for the 94
commission of, attempt to commit, or conspiracy to commit 95
murder, sexual battery, armed or strong -armed robbery, 96
carjacking, home-invasion robbery, aggravated battery, 97
aggravated assault, or burglary with an assault or battery, and 98
the child is currently charged with a second or subsequent 99
violent crime against a person; or 100
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(b) If the child was 14 years of age or older at the time 101
of commission of a fourth or subsequent alleged felony offense 102
and the child was previously adjudicated delinquent or had 103
adjudication withheld for or was found to have committed, or to 104
have attempted or conspired to commit, three offenses that are 105
felony offenses if committed by an adult, and one or more of 106
such felony offenses involved the use or possession of a firearm 107
or violence against a person; 108
109
the state attorney shall request the court to transfer and 110
certify the child for prosecution as an adult o r shall provide 111
written reasons to the court for not making such request, or 112
proceed under s. 985.557(1). Upon the state attorney's request, 113
the court shall either enter an order transferring the case and 114
certifying the case for trial as if the child were an adult or 115
provide written reasons for not issuing such an order. 116
Section 3. Section 985.557, Florida Statutes, is amended 117
to read: 118
985.557 Prosecuting children as adults Direct filing of an 119
information; discretionary criteria. — 120
(1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 121
FILE.— 122
(a) With respect to any child who was 14 or 15 years of 123
age at the time the alleged offense was committed, the state 124
attorney may file an information when in the state attorney's 125
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judgment and discretion the public interest requires that adult 126
sanctions be considered or imposed and when the offense charged 127
is for the commission of, attempt to commit, or conspiracy to 128
commit: 129
1. Arson; 130
2. Sexual battery; 131
3. Robbery; 132
4. Kidnapping; 133
5. Aggravated child abuse; 134
6. Aggravated assault; 135
7. Aggravated stalking; 136
8. Murder; 137
9. Manslaughter; 138
10. Unlawful throwing, placing, or discharging of a 139
destructive device or bomb; 140
11. Armed burglary in violation of s. 810.02(2)(b) or 141
specified burglary of a dwe lling or structure in violation of s. 142
810.02(2)(c), or burglary with an assault or battery in 143
violation of s. 810.02(2)(a); 144
12. Aggravated battery; 145
13. Any lewd or lascivious offense committed upon or in 146
the presence of a person less than 16 years of a ge; 147
14. Carrying, displaying, using, threatening, or 148
attempting to use a weapon or firearm during the commission of a 149
felony; 150
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15. Grand theft in violation of s. 812.014(2)(a); 151
16. Possessing or discharging any weapon or firearm on 152
school property in violation of s. 790.115; 153
17. Home invasion robbery; 154
18. Carjacking; or 155
19. Grand theft of a motor vehicle in violation of s. 156
812.014(2)(c)6. or grand theft of a motor vehicle valued at 157
$20,000 or more in violation of s. 812.014(2)(b) if the child 158
has a previous adjudication for grand theft of a motor vehicle 159
in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 160
(b) With respect to any child who was 16 or 17 years of 161
age at the time the alleged forcible felony as defined in s. 162
776.08 offense was committed, the state attorney may file an 163
information when in the state attorney's judgment and discretion 164
the public interest requires that adult sanctions be considered 165
or imposed. However, the state attorney may not file an 166
information on a child charged with a misdemeanor, unless the 167
child has had at least two previous adjudications or 168
adjudications withheld for delinquent acts, one of which 169
involved an offense classified as a forcible felony as defined 170
in s. 776.08 under state law. 171
(2) NOTIFICATION TO PARENT OR GUARDIAN.—Upon the filing by 172
the state attorney of an information transferring a child to 173
adult court, the court must advise the child and his or her 174
parent or legal guardian that the child has the right to a due 175
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process evidentiary hearing befor e a judge. 176
(3) DUE PROCESS EVIDENTIARY HEARING. —Notwithstanding any 177
other law, and in all cases, a child charged with a crime or his 178
or her parent or legal guardian must be afforded a due process 179
evidentiary hearing before a judge after the state attorney 180
files an information in adult court under this section. 181
(a) The judge shall conduct the hearing within 30 days 182
after the request, excluding Saturdays, Sundays, and legal 183
holidays, unless the child or the child's attorney shows good 184
cause for a delay. The purpose of the hearing is for the court 185
to determine whether it is necessary for the community's 186
protection that the child be prosecuted in adult court. The 187
judge shall consider all of the following: 188
1. Evaluations and assessments completed by the 189
department. 190
2. The sophistication and maturity of the child, 191
including: 192
a. The effect, if any, of immaturity, impetuosity, or 193
failure to appreciate risks and consequences on the child's 194
participation in the alleged offense. 195
b. The child's age, ma turity, intellectual capacity, and 196
mental and emotional health at the time of the alleged offense. 197
c. The effect, if any, of characteristics attributable to 198
the child's youth on his or her judgment. 199
3. The record and previous history of the child, 200
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including: 201
a. Previous contacts with the department, the Department 202
of Corrections, the Department of Children and Families, other 203
law enforcement agencies, and the courts. 204
b. Prior periods of probation. 205
c. Prior adjudications that the child committed a 206
delinquent act or violation of law, with greater weight being 207
given if a court previously found that the child committed a 208
delinquent act or violation of law involving violence to 209
persons. 210
d. Prior commitments to institutions of the department, 211
the Department of Corrections, or agencies under contract with 212
either department. 213
e. Any history of trauma, abuse or neglect, foster care 214
placements, failed adoption, fetal alcohol syndrome, exposure to 215
controlled substances at birth, or below -average intellectual 216
functioning. 217
f. Identification of the child as a student requiring 218
exceptional student education or having previously received 219
psychological services. 220
4. The nature of the alleged offense and the child's 221
participation in it, including: 222
a. Whether the alleged offense is punishable by death or 223
life imprisonment. 224
b. Whether the alleged offense was against persons or 225
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property. 226
c. Whether the alleged offense is alleged to have been 227
committed in an aggressive, violent, or premeditated manner. 228
d. The extent of the child's participation in the alleged 229
offense. 230
e. The effect, if any, of familial pressure or peer 231
pressure on the child's actions. 232
5. The prospects for adequate protection of the public and 233
the likelihood of reasonable rehabilitation of the child, if the 234
child is found to have committed the alleged offense: 235
a. By the use of procedures, services, and facilities 236
currently available to the juvenile court. 237
b. By the use of procedures, services, and facilities 238
currently available to the ad ult court, including whether the 239
lowest permissible sentence under the Criminal Punishment Code 240
is a nonstate prison sanction. 241
6. Whether the child could obtain habilitative or 242
rehabilitative services available in the juvenile justice 243
system. 244
7. Whether the child could receive a sentence in juvenile 245
court which would provide adequate safety and protection for the 246
community. 247
8. Whether the child's best interests would be served by 248
prosecuting the child in juvenile court. 249
(b) The judge may consider an y reports that may assist the 250
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court, including prior predisposition reports, psychosocial 251
assessments, individual educational plans, developmental 252
assessments, school records, abuse or neglect reports, home 253
studies, protective investigations, and psycholog ical and 254
psychiatric evaluations. The child, the child's parent or legal 255
guardian, his or her defense counsel, and the state attorney may 256
examine these reports and, at the hearing, question the parties 257
responsible for creating them. 258
(c) The adult court s hall retain jurisdiction unless the 259
court finds by a preponderance of the evidence that the factors 260
listed in paragraph (a) support returning the child to juvenile 261
court. 262
(d) The adult court shall render an order that includes 263
specific findings of fact a nd the reasons for its decision. The 264
prosecution or defense may seek immediate review of the order 265
through interlocutory appeal. The order is reviewable on appeal 266
under the Florida Rules of Appellate Procedure. 267
(4)(2) EFFECT OF PROSECUTING CHILDREN AS ADULTS DIRECT 268
FILE.— 269
(a) Once a child has been transferred for criminal 270
prosecution pursuant to an information and has been found to 271
have committed the presenting offense or a lesser included 272
offense, the child shall be handled thereafter in every respec t 273
as if an adult for any subsequent violation of state law, unless 274
the court imposes juvenile sanctions under s. 985.565. 275
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(b) When a child is transferred for criminal prosecution 276
as an adult, the court shall immediately transfer and certify to 277
the adult circuit court all felony cases pertaining to the 278
child, for prosecution of the child as an adult, which have not 279
yet resulted in a plea of guilty or nolo contendere or in which 280
a finding of guilt has not been made. If a child is acquitted of 281
all charged offenses or lesser included offenses contained in 282
the original case transferred to adult court, all felony cases 283
that were transferred to adult court as a result of this 284
paragraph shall be subject to the same penalties to which such 285
cases would have been sub ject before being transferred to adult 286
court. 287
(c) When a child has been transferred for criminal 288
prosecution as an adult and has been found to have committed a 289
violation of state law, the disposition of the case may be made 290
under s. 985.565 and may inclu de the enforcement of any 291
restitution ordered in any juvenile proceeding. 292
(5)(3) CHARGES INCLUDED IN INFORMATION. —An information 293
filed pursuant to this section may include all charges that are 294
based on the same act, criminal episode, or transaction as the 295
primary offenses. 296
Section 4. Subsection (1) of section 985.15, Florida 297
Statutes, is amended to read: 298
985.15 Filing decisions. — 299
(1) The state attorney may in all cases take action 300
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independent of the action or lack of action of the juvenile 301
probation officer and shall determine the action that is in the 302
best interest of the public and the child. If the child meets 303
the criteria requiring prosecution as an adult under s. 985.556, 304
the state attorney shall request the court to transfer and 305
certify the child for prosecution as an adult or shall provide 306
written reasons to the court for not making such a request. In 307
all other cases, The state attorney may: 308
(a) File a petition for dependency; 309
(b) File a petition under chapter 984; 310
(c) File a petition for delinquency; 311
(d) File a petition for delinquency with a motion to 312
transfer and certify the child for prosecution as an adult; 313
(e) File an information under s. 985.557; 314
(f) Refer the case to a grand jury; 315
(g) Refer the child to a diversionary, pretrial 316
intervention, arbitration, or mediation program, or to some 317
other treatment or care program if such program commitment is 318
voluntarily accepted by the child or the child's parents or 319
legal guardian; or 320
(h) Decline to file. 321
Section 5. Paragrap hs (a) and (b) of subsection (4) of 322
section 985.565, Florida Statutes, are amended to read: 323
985.565 Sentencing powers; procedures; alternatives for 324
juveniles prosecuted as adults. — 325
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(4) SENTENCING ALTERNATIVES. — 326
(a) Adult sanctions.— 327
1. Cases prosecuted on indictment.—If the child is found 328
to have committed the offense punishable by death or life 329
imprisonment, the child shall be sentenced as an adult. If the 330
juvenile is not found to have committed the indictable offense 331
but is found to have committed a lesser included offense or any 332
other offense for which he or she was indicted as a part of the 333
criminal episode, the court may sentence as follows: 334
a. As an adult; 335
b. Under chapter 958; or 336
c. As a juvenile under this section. 337
2. Other cases.—If a child who has been transferred for 338
criminal prosecution pursuant to information or waiver of 339
juvenile court jurisdiction is found to have committed a 340
violation of state law or a lesser included offense for which he 341
or she was charged as a part of the cri minal episode, the court 342
may sentence as follows: 343
a. As an adult; 344
b. Under chapter 958; or 345
c. As a juvenile under this section. 346
3. Notwithstanding any other provision to the contrary, if 347
the state attorney is required to file a motion to transfer a nd 348
certify the juvenile for prosecution as an adult under s. 349
985.556(3) and that motion is granted, the court must impose 350
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adult sanctions. 351
4. Any sentence imposing adult sanctions is presumed 352
appropriate, and the court is not required to set forth specific 353
findings or enumerate the criteria in this subsection as any 354
basis for its decision to impose adult sanctions. 355
4.5. When a child has been transferred for criminal 356
prosecution as an adult and has been found to have committed a 357
violation of state law, the disposition of the case may include 358
the enforcement of any restitution ordered in any juvenile 359
proceeding. 360
(b) Juvenile sanctions.—For juveniles transferred to adult 361
court but who do not qualify for such transfer under s. 362
985.556(3), the court may impose juvenile sanctions under this 363
paragraph. If juvenile sentences are imposed, the court shall, 364
under this paragraph, adjudge the child to ha ve committed a 365
delinquent act. Adjudication of delinquency may not be deemed a 366
conviction, nor shall it operate to impose any of the civil 367
disabilities ordinarily resulting from a conviction. The court 368
shall impose an adult sanction or a juvenile sanction and may 369
not sentence the child to a combination of adult and juvenile 370
punishments. An adult sanction or a juvenile sanction may 371
include enforcement of an order of restitution or probation 372
previously ordered in any juvenile proceeding. However, if the 373
court imposes a juvenile sanction and the department determines 374
that the sanction is unsuitable for the child, the department 375
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shall return custody of the child to the sentencing court for 376
further proceedings, including the imposition of adult 377
sanctions. Upon adjudicating a child delinquent under subsection 378
(1), the court may: 379
1. Place the child in a probation program under the 380
supervision of the department for an indeterminate period of 381
time until the child reaches the age of 19 years or sooner if 382
discharged by order of the court. 383
2. Commit the child to the department for treatment in an 384
appropriate program for children for an indeterminate period of 385
time until the child is 21 or sooner if discharged by the 386
department. The department shall notify the court of its intent 387
to discharge no later than 14 days before discharge. Failure of 388
the court to timely respond to the department's notice shall be 389
considered approval for discharge. 390
3. Order disposition under ss. 985.435, 985.437, 985.439, 391
985.441, 985.45, and 985.455 as an alternative to youthful 392
offender or adult sentencing if the court determines not to 393
impose youthful offender or adult sanctions. 394
395
It is the intent of the Legislature that the criteria and 396
guidelines in this subsection are mandatory and that a 397
determination of disposition under this subsection is subject to 398
the right of the child to appellate review under s. 985.534. 399
Section 6. Subsection (55) of section 985.03, Florida 400
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Statutes, is amended to read: 401
985.03 Definitions. —As used in this chapter, the term: 402
(55) "Waiver hearing" means a hearing provided for under 403
s. 985.556(3) s. 985.556(4). 404
Section 7. This act shall take effect July 1, 2025. 405