Florida 2025 Regular Session

Florida House Bill H0613 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 613 2025
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb613-00
9	9	Page 1 of 17
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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to prosecuting children as adults; 2
16	16	amending s. 985.265, F.S.; prohibiting a jail or other 3
17	17	facility intended or used for the detention of adults 4
18	18	from holding a child who has been transferred to adult 5
19	19	court for criminal prosecution before a s pecified 6
20	20	hearing is held to determine if the child should be 7
21	21	prosecuted as an adult, unless the child waives his or 8
22	22	her right to such hearing; amending s. 985.556, F.S.; 9
23	23	deleting provisions requiring a state attorney to 10
24	24	request a court to transfer and cert ify a child for 11
25	25	prosecution as an adult or to provide written reasons 12
26	26	to the court for not making such request, or to 13
27	27	proceed under a specified provision; amending s. 14
28	28	985.557, F.S.; deleting references to the state 15
29	29	attorney's discretion to direct file a ju venile; 16
30	30	revising discretionary direct file criteria; requiring 17
31	31	a court to advise a child and his or her parent or 18
32	32	legal guardian of the child's right to a due process 19
33	33	evidentiary hearing before a judge upon the filing by 20
34	34	a state attorney of an information transferring the 21
35	35	child to adult court; requiring that the child or the 22
36	36	child's parent or legal guardian be afforded such 23
37	37	hearing; requiring the judge to conduct the hearing 24
38	38	within a certain timeframe; requiring the judge to 25
39	39
40	40	HB 613 2025
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb613-00
46	46	Page 2 of 17
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	consider specified information a nd factors during such 26
52	52	hearing; authorizing the judge to consider, and 27
53	53	certain parties to the action to examine, certain 28
54	54	reports; providing for continued jurisdiction of the 29
55	55	adult court with regard to the child unless the court 30
56	56	makes a specified finding by a preponderance of the 31
57	57	evidence; requiring the adult court to render an order 32
58	58	that includes certain findings of fact; authorizing 33
59	59	immediate review of the order; providing that the 34
60	60	order is reviewable on appeal under specified rules; 35
61	61	amending ss. 985.15 an d 985.565, F.S.; conforming 36
62	62	provisions to changes made by the act; amending s. 37
63	63	985.03, F.S.; conforming a cross -reference; providing 38
64	64	an effective date. 39
65	65	40
66	66	Be It Enacted by the Legislature of the State of Florida: 41
67	67	42
68	68	Section 1. Subsection (5) of section 985.265, Florida 43
69	69	Statutes, is amended to read: 44
70	70	985.265 Detention transfer and release; education; adult 45
71	71	jails.— 46
72	72	(5) The court shall order the delivery of a child to a 47
73	73	jail or other facility intended or used for the detention of 48
74	74	adults: 49
75	75	(a) When the child has been transferred or indicted for 50
76	76
77	77	HB 613 2025
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb613-00
83	83	Page 3 of 17
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
85	85
86	86
87	87
88	88	criminal prosecution as an adult under part X, except that : 51
89	89	1. The court may not order or allow a child alleged to 52
90	90	have committed a misdemeanor who is being transferred for 53
91	91	criminal prosecution pursuant to eithe r s. 985.556 or s. 985.557 54
92	92	to be detained or held in a jail or other facility intended or 55
93	93	used for the detention of adults; however, such child may be 56
94	94	held temporarily in a detention facility; and 57
95	95	2. A child who has been transferred for criminal 58
96	96	prosecution as an adult pursuant to s. 985.557 may not be held 59
97	97	in a jail or other facility intended or used for the detention 60
98	98	of adults before a court finding, as a result of a hearing 61
99	99	provided for under s. 985.557(3), that the child should be 62
100	100	prosecuted as an adu lt, unless the child waives his or her right 63
101	101	to such hearing; or 64
102	102	(b) When a child taken into custody in this state is 65
103	103	wanted by another jurisdiction for prosecution as an adult. 66
104	104	67
105	105	The child shall be housed separately from adult inmates to 68
106	106	prohibit a child from having regular contact with incarcerated 69
107	107	adults, including trusties. "Regular contact" means sight and 70
108	108	sound contact. Separation of children from adults shall permit 71
109	109	no more than haphazard or accidental contact. The receiving jail 72
110	110	or other facility shall contain a separate section for children 73
111	111	and shall have an adequate staff to supervise and monitor the 74
112	112	child's activities at all times. Supervision and monitoring of 75
113	113
114	114	HB 613 2025
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb613-00
120	120	Page 4 of 17
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
122	122
123	123
124	124
125	125	children includes physical observation and documented checks by 76
126	126	jail or receiving faci lity supervisory personnel at intervals 77
127	127	not to exceed 10 minutes. This subsection does not prohibit 78
128	128	placing two or more children in the same cell. Under no 79
129	129	circumstances shall a child be placed in the same cell with an 80
130	130	adult. 81
131	131	Section 2. Subsections (2) and (3) of section 985.556, 82
132	132	Florida Statutes, are amended to read: 83
133	133	985.556 Waiver of juvenile court jurisdiction; hearing. — 84
134	134	(2) INVOLUNTARY DISCRETIONARY WAIVER. —Except as provided 85
135	135	in subsection (3), The state attorney may file a motion 86
136	136	requesting the court to transfer the child for criminal 87
137	137	prosecution if the child was 14 years of age or older at the 88
138	138	time the alleged delinquent act or violation of law was 89
139	139	committed. 90
140	140	(3) INVOLUNTARY MANDATORY WAIVER. — 91
141	141	(a) If the child was 14 years of age or older, and if the 92
142	142	child has been previously adjudicated delinquent for an act 93
143	143	classified as a felony, which adjudication was for the 94
144	144	commission of, attempt to commit, or conspiracy to commit 95
145	145	murder, sexual battery, armed or strong -armed robbery, 96
146	146	carjacking, home-invasion robbery, aggravated battery, 97
147	147	aggravated assault, or burglary with an assault or battery, and 98
148	148	the child is currently charged with a second or subsequent 99
149	149	violent crime against a person; or 100
150	150
151	151	HB 613 2025
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb613-00
157	157	Page 5 of 17
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
159	159
160	160
161	161
162	162	(b) If the child was 14 years of age or older at the time 101
163	163	of commission of a fourth or subsequent alleged felony offense 102
164	164	and the child was previously adjudicated delinquent or had 103
165	165	adjudication withheld for or was found to have committed, or to 104
166	166	have attempted or conspired to commit, three offenses that are 105
167	167	felony offenses if committed by an adult, and one or more of 106
168	168	such felony offenses involved the use or possession of a firearm 107
169	169	or violence against a person; 108
170	170	109
171	171	the state attorney shall request the court to transfer and 110
172	172	certify the child for prosecution as an adult o r shall provide 111
173	173	written reasons to the court for not making such request, or 112
174	174	proceed under s. 985.557(1). Upon the state attorney's request, 113
175	175	the court shall either enter an order transferring the case and 114
176	176	certifying the case for trial as if the child were an adult or 115
177	177	provide written reasons for not issuing such an order. 116
178	178	Section 3. Section 985.557, Florida Statutes, is amended 117
179	179	to read: 118
180	180	985.557 Prosecuting children as adults Direct filing of an 119
181	181	information; discretionary criteria. — 120
182	182	(1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 121
183	183	FILE.— 122
184	184	(a) With respect to any child who was 14 or 15 years of 123
185	185	age at the time the alleged offense was committed, the state 124
186	186	attorney may file an information when in the state attorney's 125
187	187
188	188	HB 613 2025
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb613-00
194	194	Page 6 of 17
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
196	196
197	197
198	198
199	199	judgment and discretion the public interest requires that adult 126
200	200	sanctions be considered or imposed and when the offense charged 127
201	201	is for the commission of, attempt to commit, or conspiracy to 128
202	202	commit: 129
203	203	1. Arson; 130
204	204	2. Sexual battery; 131
205	205	3. Robbery; 132
206	206	4. Kidnapping; 133
207	207	5. Aggravated child abuse; 134
208	208	6. Aggravated assault; 135
209	209	7. Aggravated stalking; 136
210	210	8. Murder; 137
211	211	9. Manslaughter; 138
212	212	10. Unlawful throwing, placing, or discharging of a 139
213	213	destructive device or bomb; 140
214	214	11. Armed burglary in violation of s. 810.02(2)(b) or 141
215	215	specified burglary of a dwe lling or structure in violation of s. 142
216	216	810.02(2)(c), or burglary with an assault or battery in 143
217	217	violation of s. 810.02(2)(a); 144
218	218	12. Aggravated battery; 145
219	219	13. Any lewd or lascivious offense committed upon or in 146
220	220	the presence of a person less than 16 years of a ge; 147
221	221	14. Carrying, displaying, using, threatening, or 148
222	222	attempting to use a weapon or firearm during the commission of a 149
223	223	felony; 150
224	224
225	225	HB 613 2025
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb613-00
231	231	Page 7 of 17
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	15. Grand theft in violation of s. 812.014(2)(a); 151
237	237	16. Possessing or discharging any weapon or firearm on 152
238	238	school property in violation of s. 790.115; 153
239	239	17. Home invasion robbery; 154
240	240	18. Carjacking; or 155
241	241	19. Grand theft of a motor vehicle in violation of s. 156
242	242	812.014(2)(c)6. or grand theft of a motor vehicle valued at 157
243	243	$20,000 or more in violation of s. 812.014(2)(b) if the child 158
244	244	has a previous adjudication for grand theft of a motor vehicle 159
245	245	in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 160
246	246	(b) With respect to any child who was 16 or 17 years of 161
247	247	age at the time the alleged forcible felony as defined in s. 162
248	248	776.08 offense was committed, the state attorney may file an 163
249	249	information when in the state attorney's judgment and discretion 164
250	250	the public interest requires that adult sanctions be considered 165
251	251	or imposed. However, the state attorney may not file an 166
252	252	information on a child charged with a misdemeanor, unless the 167
253	253	child has had at least two previous adjudications or 168
254	254	adjudications withheld for delinquent acts, one of which 169
255	255	involved an offense classified as a forcible felony as defined 170
256	256	in s. 776.08 under state law. 171
257	257	(2) NOTIFICATION TO PARENT OR GUARDIAN.—Upon the filing by 172
258	258	the state attorney of an information transferring a child to 173
259	259	adult court, the court must advise the child and his or her 174
260	260	parent or legal guardian that the child has the right to a due 175
261	261
262	262	HB 613 2025
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb613-00
268	268	Page 8 of 17
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	process evidentiary hearing befor e a judge. 176
274	274	(3) DUE PROCESS EVIDENTIARY HEARING. —Notwithstanding any 177
275	275	other law, and in all cases, a child charged with a crime or his 178
276	276	or her parent or legal guardian must be afforded a due process 179
277	277	evidentiary hearing before a judge after the state attorney 180
278	278	files an information in adult court under this section. 181
279	279	(a) The judge shall conduct the hearing within 30 days 182
280	280	after the request, excluding Saturdays, Sundays, and legal 183
281	281	holidays, unless the child or the child's attorney shows good 184
282	282	cause for a delay. The purpose of the hearing is for the court 185
283	283	to determine whether it is necessary for the community's 186
284	284	protection that the child be prosecuted in adult court. The 187
285	285	judge shall consider all of the following: 188
286	286	1. Evaluations and assessments completed by the 189
287	287	department. 190
288	288	2. The sophistication and maturity of the child, 191
289	289	including: 192
290	290	a. The effect, if any, of immaturity, impetuosity, or 193
291	291	failure to appreciate risks and consequences on the child's 194
292	292	participation in the alleged offense. 195
293	293	b. The child's age, ma turity, intellectual capacity, and 196
294	294	mental and emotional health at the time of the alleged offense. 197
295	295	c. The effect, if any, of characteristics attributable to 198
296	296	the child's youth on his or her judgment. 199
297	297	3. The record and previous history of the child, 200
298	298
299	299	HB 613 2025
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb613-00
305	305	Page 9 of 17
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	including: 201
311	311	a. Previous contacts with the department, the Department 202
312	312	of Corrections, the Department of Children and Families, other 203
313	313	law enforcement agencies, and the courts. 204
314	314	b. Prior periods of probation. 205
315	315	c. Prior adjudications that the child committed a 206
316	316	delinquent act or violation of law, with greater weight being 207
317	317	given if a court previously found that the child committed a 208
318	318	delinquent act or violation of law involving violence to 209
319	319	persons. 210
320	320	d. Prior commitments to institutions of the department, 211
321	321	the Department of Corrections, or agencies under contract with 212
322	322	either department. 213
323	323	e. Any history of trauma, abuse or neglect, foster care 214
324	324	placements, failed adoption, fetal alcohol syndrome, exposure to 215
325	325	controlled substances at birth, or below -average intellectual 216
326	326	functioning. 217
327	327	f. Identification of the child as a student requiring 218
328	328	exceptional student education or having previously received 219
329	329	psychological services. 220
330	330	4. The nature of the alleged offense and the child's 221
331	331	participation in it, including: 222
332	332	a. Whether the alleged offense is punishable by death or 223
333	333	life imprisonment. 224
334	334	b. Whether the alleged offense was against persons or 225
335	335
336	336	HB 613 2025
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb613-00
342	342	Page 10 of 17
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
344	344
345	345
346	346
347	347	property. 226
348	348	c. Whether the alleged offense is alleged to have been 227
349	349	committed in an aggressive, violent, or premeditated manner. 228
350	350	d. The extent of the child's participation in the alleged 229
351	351	offense. 230
352	352	e. The effect, if any, of familial pressure or peer 231
353	353	pressure on the child's actions. 232
354	354	5. The prospects for adequate protection of the public and 233
355	355	the likelihood of reasonable rehabilitation of the child, if the 234
356	356	child is found to have committed the alleged offense: 235
357	357	a. By the use of procedures, services, and facilities 236
358	358	currently available to the juvenile court. 237
359	359	b. By the use of procedures, services, and facilities 238
360	360	currently available to the ad ult court, including whether the 239
361	361	lowest permissible sentence under the Criminal Punishment Code 240
362	362	is a nonstate prison sanction. 241
363	363	6. Whether the child could obtain habilitative or 242
364	364	rehabilitative services available in the juvenile justice 243
365	365	system. 244
366	366	7. Whether the child could receive a sentence in juvenile 245
367	367	court which would provide adequate safety and protection for the 246
368	368	community. 247
369	369	8. Whether the child's best interests would be served by 248
370	370	prosecuting the child in juvenile court. 249
371	371	(b) The judge may consider an y reports that may assist the 250
372	372
373	373	HB 613 2025
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb613-00
379	379	Page 11 of 17
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
381	381
382	382
383	383
384	384	court, including prior predisposition reports, psychosocial 251
385	385	assessments, individual educational plans, developmental 252
386	386	assessments, school records, abuse or neglect reports, home 253
387	387	studies, protective investigations, and psycholog ical and 254
388	388	psychiatric evaluations. The child, the child's parent or legal 255
389	389	guardian, his or her defense counsel, and the state attorney may 256
390	390	examine these reports and, at the hearing, question the parties 257
391	391	responsible for creating them. 258
392	392	(c) The adult court s hall retain jurisdiction unless the 259
393	393	court finds by a preponderance of the evidence that the factors 260
394	394	listed in paragraph (a) support returning the child to juvenile 261
395	395	court. 262
396	396	(d) The adult court shall render an order that includes 263
397	397	specific findings of fact a nd the reasons for its decision. The 264
398	398	prosecution or defense may seek immediate review of the order 265
399	399	through interlocutory appeal. The order is reviewable on appeal 266
400	400	under the Florida Rules of Appellate Procedure. 267
401	401	(4)(2) EFFECT OF PROSECUTING CHILDREN AS ADULTS DIRECT 268
402	402	FILE.— 269
403	403	(a) Once a child has been transferred for criminal 270
404	404	prosecution pursuant to an information and has been found to 271
405	405	have committed the presenting offense or a lesser included 272
406	406	offense, the child shall be handled thereafter in every respec t 273
407	407	as if an adult for any subsequent violation of state law, unless 274
408	408	the court imposes juvenile sanctions under s. 985.565. 275
409	409
410	410	HB 613 2025
411	411
412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb613-00
416	416	Page 12 of 17
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
418	418
419	419
420	420
421	421	(b) When a child is transferred for criminal prosecution 276
422	422	as an adult, the court shall immediately transfer and certify to 277
423	423	the adult circuit court all felony cases pertaining to the 278
424	424	child, for prosecution of the child as an adult, which have not 279
425	425	yet resulted in a plea of guilty or nolo contendere or in which 280
426	426	a finding of guilt has not been made. If a child is acquitted of 281
427	427	all charged offenses or lesser included offenses contained in 282
428	428	the original case transferred to adult court, all felony cases 283
429	429	that were transferred to adult court as a result of this 284
430	430	paragraph shall be subject to the same penalties to which such 285
431	431	cases would have been sub ject before being transferred to adult 286
432	432	court. 287
433	433	(c) When a child has been transferred for criminal 288
434	434	prosecution as an adult and has been found to have committed a 289
435	435	violation of state law, the disposition of the case may be made 290
436	436	under s. 985.565 and may inclu de the enforcement of any 291
437	437	restitution ordered in any juvenile proceeding. 292
438	438	(5)(3) CHARGES INCLUDED IN INFORMATION. —An information 293
439	439	filed pursuant to this section may include all charges that are 294
440	440	based on the same act, criminal episode, or transaction as the 295
441	441	primary offenses. 296
442	442	Section 4. Subsection (1) of section 985.15, Florida 297
443	443	Statutes, is amended to read: 298
444	444	985.15 Filing decisions. — 299
445	445	(1) The state attorney may in all cases take action 300
446	446
447	447	HB 613 2025
448	448
449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
452	452	hb613-00
453	453	Page 13 of 17
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	independent of the action or lack of action of the juvenile 301
459	459	probation officer and shall determine the action that is in the 302
460	460	best interest of the public and the child. If the child meets 303
461	461	the criteria requiring prosecution as an adult under s. 985.556, 304
462	462	the state attorney shall request the court to transfer and 305
463	463	certify the child for prosecution as an adult or shall provide 306
464	464	written reasons to the court for not making such a request. In 307
465	465	all other cases, The state attorney may: 308
466	466	(a) File a petition for dependency; 309
467	467	(b) File a petition under chapter 984; 310
468	468	(c) File a petition for delinquency; 311
469	469	(d) File a petition for delinquency with a motion to 312
470	470	transfer and certify the child for prosecution as an adult; 313
471	471	(e) File an information under s. 985.557; 314
472	472	(f) Refer the case to a grand jury; 315
473	473	(g) Refer the child to a diversionary, pretrial 316
474	474	intervention, arbitration, or mediation program, or to some 317
475	475	other treatment or care program if such program commitment is 318
476	476	voluntarily accepted by the child or the child's parents or 319
477	477	legal guardian; or 320
478	478	(h) Decline to file. 321
479	479	Section 5. Paragrap hs (a) and (b) of subsection (4) of 322
480	480	section 985.565, Florida Statutes, are amended to read: 323
481	481	985.565 Sentencing powers; procedures; alternatives for 324
482	482	juveniles prosecuted as adults. — 325
483	483
484	484	HB 613 2025
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb613-00
490	490	Page 14 of 17
491	491	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
492	492
493	493
494	494
495	495	(4) SENTENCING ALTERNATIVES. — 326
496	496	(a) Adult sanctions.— 327
497	497	1. Cases prosecuted on indictment.—If the child is found 328
498	498	to have committed the offense punishable by death or life 329
499	499	imprisonment, the child shall be sentenced as an adult. If the 330
500	500	juvenile is not found to have committed the indictable offense 331
501	501	but is found to have committed a lesser included offense or any 332
502	502	other offense for which he or she was indicted as a part of the 333
503	503	criminal episode, the court may sentence as follows: 334
504	504	a. As an adult; 335
505	505	b. Under chapter 958; or 336
506	506	c. As a juvenile under this section. 337
507	507	2. Other cases.—If a child who has been transferred for 338
508	508	criminal prosecution pursuant to information or waiver of 339
509	509	juvenile court jurisdiction is found to have committed a 340
510	510	violation of state law or a lesser included offense for which he 341
511	511	or she was charged as a part of the cri minal episode, the court 342
512	512	may sentence as follows: 343
513	513	a. As an adult; 344
514	514	b. Under chapter 958; or 345
515	515	c. As a juvenile under this section. 346
516	516	3. Notwithstanding any other provision to the contrary, if 347
517	517	the state attorney is required to file a motion to transfer a nd 348
518	518	certify the juvenile for prosecution as an adult under s. 349
519	519	985.556(3) and that motion is granted, the court must impose 350
520	520
521	521	HB 613 2025
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb613-00
527	527	Page 15 of 17
528	528	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
529	529
530	530
531	531
532	532	adult sanctions. 351
533	533	4. Any sentence imposing adult sanctions is presumed 352
534	534	appropriate, and the court is not required to set forth specific 353
535	535	findings or enumerate the criteria in this subsection as any 354
536	536	basis for its decision to impose adult sanctions. 355
537	537	4.5. When a child has been transferred for criminal 356
538	538	prosecution as an adult and has been found to have committed a 357
539	539	violation of state law, the disposition of the case may include 358
540	540	the enforcement of any restitution ordered in any juvenile 359
541	541	proceeding. 360
542	542	(b) Juvenile sanctions.—For juveniles transferred to adult 361
543	543	court but who do not qualify for such transfer under s. 362
544	544	985.556(3), the court may impose juvenile sanctions under this 363
545	545	paragraph. If juvenile sentences are imposed, the court shall, 364
546	546	under this paragraph, adjudge the child to ha ve committed a 365
547	547	delinquent act. Adjudication of delinquency may not be deemed a 366
548	548	conviction, nor shall it operate to impose any of the civil 367
549	549	disabilities ordinarily resulting from a conviction. The court 368
550	550	shall impose an adult sanction or a juvenile sanction and may 369
551	551	not sentence the child to a combination of adult and juvenile 370
552	552	punishments. An adult sanction or a juvenile sanction may 371
553	553	include enforcement of an order of restitution or probation 372
554	554	previously ordered in any juvenile proceeding. However, if the 373
555	555	court imposes a juvenile sanction and the department determines 374
556	556	that the sanction is unsuitable for the child, the department 375
557	557
558	558	HB 613 2025
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb613-00
564	564	Page 16 of 17
565	565	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
566	566
567	567
568	568
569	569	shall return custody of the child to the sentencing court for 376
570	570	further proceedings, including the imposition of adult 377
571	571	sanctions. Upon adjudicating a child delinquent under subsection 378
572	572	(1), the court may: 379
573	573	1. Place the child in a probation program under the 380
574	574	supervision of the department for an indeterminate period of 381
575	575	time until the child reaches the age of 19 years or sooner if 382
576	576	discharged by order of the court. 383
577	577	2. Commit the child to the department for treatment in an 384
578	578	appropriate program for children for an indeterminate period of 385
579	579	time until the child is 21 or sooner if discharged by the 386
580	580	department. The department shall notify the court of its intent 387
581	581	to discharge no later than 14 days before discharge. Failure of 388
582	582	the court to timely respond to the department's notice shall be 389
583	583	considered approval for discharge. 390
584	584	3. Order disposition under ss. 985.435, 985.437, 985.439, 391
585	585	985.441, 985.45, and 985.455 as an alternative to youthful 392
586	586	offender or adult sentencing if the court determines not to 393
587	587	impose youthful offender or adult sanctions. 394
588	588	395
589	589	It is the intent of the Legislature that the criteria and 396
590	590	guidelines in this subsection are mandatory and that a 397
591	591	determination of disposition under this subsection is subject to 398
592	592	the right of the child to appellate review under s. 985.534. 399
593	593	Section 6. Subsection (55) of section 985.03, Florida 400
594	594
595	595	HB 613 2025
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb613-00
601	601	Page 17 of 17
602	602	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
603	603
604	604
605	605
606	606	Statutes, is amended to read: 401
607	607	985.03 Definitions. —As used in this chapter, the term: 402
608	608	(55) "Waiver hearing" means a hearing provided for under 403
609	609	s. 985.556(3) s. 985.556(4). 404
610	610	Section 7. This act shall take effect July 1, 2025. 405