Florida 2025 Regular Session

Florida House Bill H1521 Compare Versions

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

Old	New	Differences
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3	3	HB 1521 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1521-00
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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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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to criminal justice; creating s. 2
16	16	83.455, F.S.; defining the term "conditional offer"; 3
17	17	prohibiting a landlord from asking a prospective 4
18	18	tenant about a criminal record before making a 5
19	19	conditional offer; limiting offenses that may be 6
20	20	considered after such an offer is made; specifying 7
21	21	factors that may be considered before an offer may be 8
22	22	withdrawn; providing procedures for withdrawal of an 9
23	23	offer based on the rights of tenant; amending s. 10
24	24	98.0751, F.S.; removing full payment of financial 11
25	25	obligations from voting rights restoration 12
26	26	requirements; amending s. 940.05, F.S.; providing that 13
27	27	persons convicted of a felony shall have their rights 14
28	28	of citizenship automatically restored to the extent 15
29	29	that a federal elected official has such rights 16
30	30	automatically restored following a felony conviction; 17
31	31	creating s. 893.13501, F.S.; providing legislative 18
32	32	intent; providing for the retroactive applicability of 19
33	33	s. 893.135, F.S.; requiring the initial sentencing and 20
34	34	the resentencing of certain persons who committed 21
35	35	certain violations before a specified date which 22
36	36	involved trafficking in hydrocodone or codeine; 23
37	37	providing criminal penalties for such violations that 24
38	38	are subject to an initial sentencing or a 25
39	39
40	40	HB 1521 2025
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1521-00
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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	resentencing; providing legislative intent; providing 26
52	52	for the retroactive applicability of s. 893.135, F.S.; 27
53	53	requiring the initial sentencing and the resentencing 28
54	54	of certain persons who committed certain violations 29
55	55	before a specified date which involved trafficking in 30
56	56	oxycodone; providing criminal penalties for such 31
57	57	violations that are subject to an initial sentencing 32
58	58	or a resentencing; specifying procedures for such 33
59	59	resentencing; amending s. 921.1402, F.S.; revising the 34
60	60	definition of the term "juvenile offender" for 35
61	61	purposes of review of sentences of review of juvenile 36
62	62	sentences; providing for treatment of concurrent and 37
63	63	consecutive sentences; providing for retroactive 38
64	64	effect; creating s. 944.1915, F.S.; defining the term 39
65	65	"last known place of residence"; requiring the 40
66	66	Department of Corrections to provide specified data 41
67	67	concerning inmates to the Legislature for 42
68	68	redistricting purposes; providing requirements for 43
69	69	such data; specifying how such data shall be used in 44
70	70	redistricting; amending s. 960.293, F.S.; removing 45
71	71	provisions making inmates liable for correctional 46
72	72	costs in a specified liquidated damage amount for 47
73	73	incarceration; removing provisions specifying a fixed 48
74	74	daily amount for an offender's liability for 49
75	75	incarceration costs and other correctional costs for 50
76	76
77	77	HB 1521 2025
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1521-00
83	83	Page 3 of 22
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	offenders convicted of certain offenses; amending s. 51
89	89	985.557, F.S.; revising the offenses for which a 52
90	90	juvenile may be direct filed in adult court; requiring 53
91	91	a judicial finding for discretionary direct file of 54
92	92	juveniles; providing requirements for juveniles of 55
93	93	specified ages; providing requirements for judicial 56
94	94	findings; providing for return of juveniles to the 57
95	95	juvenile division at any point during circuit court 58
96	96	proceedings; providing an effective date. 59
97	97	60
98	98	Be It Enacted by the Legislature of the State of Florida: 61
99	99	62
100	100	Section 1. Section 83.455, Florida Statutes, is crea ted to 63
101	101	read: 64
102	102	83.455 Criminal record of tenants; inquiries limited; 65
103	103	withdrawal of conditional offer. — 66
104	104	(1) As used in this section, the term "conditional offer" 67
105	105	means an offer to rent or lease a rental dwelling unit to an 68
106	106	applicant that is contingent on a subsequent inquiry into the 69
107	107	applicant's criminal record, or any other eligibility criteria 70
108	108	that the landlord may lawfully use. 71
109	109	(2) A landlord may not require an applicant to complete a 72
110	110	housing application that includes any inquiries regarding an 73
111	111	applicant's criminal record before the provision of a 74
112	112	conditional offer, except that a landlord may consider whether 75
113	113
114	114	HB 1521 2025
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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
122	122
123	123
124	124
125	125	an applicant has ever been convicted of drug -related criminal 76
126	126	activity for the manufacture or production of methamphetamine on 77
127	127	the premises of federally assisted housing, and whether the 78
128	128	applicant has ever been convicted of a felony offense. 79
129	129	(3) A landlord shall not make any oral or written inquiry 80
130	130	regarding an applicant's criminal record before making a 81
131	131	conditional offer. 82
132	132	(4) An applicant may provide evidence to the landlord 83
133	133	demonstrating inaccuracies within the applicant's criminal 84
134	134	record or evidence of rehabilitation or other mitigating 85
135	135	factors. 86
136	136	(5) Before accepting any application fee, a landlord shall 87
137	137	disclose in writing to the applicant: 88
138	138	(a) Whether the eligibility criteria of the landlord 89
139	139	includes the review and consideration of criminal history. 90
140	140	(b) A statement that the applicant, pursuant to subsection 91
141	141	(4), may provide evidence demonstrating inaccuracies within the 92
142	142	applicant's criminal record or evidence of rehabilitation or 93
143	143	other mitigating factors. 94
144	144	(6) A landlord shall apply the standards established by 95
145	145	this section to each applicant in a nondiscriminatory manner. 96
146	146	(7) A landlord shall not, either before or after the 97
147	147	issuance of a conditional offer, evaluate an applicant based on 98
148	148	any of the following types of criminal records: 99
149	149	(a) Arrests or charges that have not resulted in a 100
150	150
151	151	HB 1521 2025
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1521-00
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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
159	159
160	160
161	161
162	162	criminal conviction; 101
163	163	(b) Expunged convictions; 102
164	164	(c) Convictions on appeal; 103
165	165	(d) Vacated and otherwise legally nullified convictions; 104
166	166	(e) Juvenile adjudications of delinquency; 105
167	167	(f) Records that have been sealed; or 106
168	168	(g) Criminal convictions arising from conduct committed 107
169	169	outside of this state that, if committed within this state would 108
170	170	not constitute a felony. 109
171	171	(8) After the issuance of a conditional offer to an 110
172	172	applicant, a landlord may only consider a criminal record in the 111
173	173	applicant's history that consists of a felony. 112
174	174	(9) A landlord may withdraw a conditional offer based on 113
175	175	an applicant's criminal record only if the landlord determines, 114
176	176	by preponderance of the evidence, that the withdrawal is 115
177	177	necessary to fulfill a substantial, legitimate, and 116
178	178	nondiscriminatory interest. 117
179	179	(10) If a landlord withdraws a conditional offer, the 118
180	180	landlord shall provide the applicant with written notification 119
181	181	that includes, with specificity, the reason or reasons for the 120
182	182	withdrawal of the conditional offer and an opportunity to appeal 121
183	183	the denial by providing evidence to the landlord demonstrating 122
184	184	inaccuracies within the applicant's criminal record or evidence 123
185	185	of rehabilitation or other mitigating factors. The landlord 124
186	186	shall perform an individualized assessment of the application in 125
187	187
188	188	HB 1521 2025
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1521-00
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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
196	196
197	197
198	198
199	199	light of the following factors: 126
200	200	(a) The nature and severity of the criminal of fense. 127
201	201	(b) The age of the applicant at the time of the occurrence 128
202	202	of the criminal offense. 129
203	203	(c) The time which has elapsed since the occurrence of the 130
204	204	criminal offense. 131
205	205	(d) Any information produced by the applicant, or produced 132
206	206	on the applicant's beha lf, in regard to the applicant's 133
207	207	rehabilitation and good conduct since the occurrence of the 134
208	208	criminal offense. 135
209	209	(e) The degree to which the criminal offense, if it 136
210	210	reoccurred, would negatively impact the safety of the landlord's 137
211	211	other tenants or property. 138
212	212	(f) Whether the criminal offense occurred on or was 139
213	213	connected to property that was rented or leased by the 140
214	214	applicant. 141
215	215	(11)(a) The applicant may request, within 30 days after 142
216	216	the landlord's notice of the withdrawal, that the landlord 143
217	217	afford the applicant a copy of all information that the landlord 144
218	218	relied upon in considering the applicant, including criminal 145
219	219	records. 146
220	220	(b) A landlord shall provide the information requested 147
221	221	under paragraph (a), free of charge, within l0 days after 148
222	222	receipt of a timely requ est. 149
223	223	Section 2. Subsection (1) of section 98.0751, Florida 150
224	224
225	225	HB 1521 2025
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1521-00
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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	Statutes, is amended to read: 151
237	237	98.0751 Restoration of voting rights; termination of 152
238	238	ineligibility subsequent to a felony conviction. — 153
239	239	(1) A person who has been disqualified from voting based 154
240	240	on a felony conviction for an offense other than murder or a 155
241	241	felony sexual offense must have such disqualification terminated 156
242	242	and his or her voting rights restored pursuant to s. 4, Art. VI 157
243	243	of the State Constitution upon the completion of all terms of 158
244	244	his or her sentence except for subparagraph (2)(a)5. , including 159
245	245	parole or probation. The voting disqualification does not 160
246	246	terminate unless a person's civil rights are restored pursuant 161
247	247	to s. 8, Art. IV of the State Constitution if the 162
248	248	disqualification arises from a felony conviction of murder or a 163
249	249	felony sexual offense, or if the person has not completed all 164
250	250	terms of sentence, as specified in subsection (2). 165
251	251	Section 3. Section 940.05, Florida Statutes, is amended to 166
252	252	read: 167
253	253	940.05 Restoration of civil righ ts.— 168
254	254	(1) Any person who has been convicted of a felony may be 169
255	255	entitled to the restoration of all the rights of citizenship 170
256	256	enjoyed by him or her before conviction if the person has: 171
257	257	(a)(1) Received a full pardon from the Board of Executive 172
258	258	Clemency; 173
259	259	(b)(2) Served the maximum term of the sentence imposed 174
260	260	upon him or her; or 175
261	261
262	262	HB 1521 2025
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264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1521-00
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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	(c)(3) Been granted his or her final release by the 176
274	274	Florida Commission on Offender Review. 177
275	275	(2) Subsection (1) notwithstanding, a person convicted of 178
276	276	a felony shall have his or her rights of citizenship restored 179
277	277	automatically to the extent that any federal elected official or 180
278	278	former federal elected official has his or her rights of 181
279	279	citizenship restored automatically following a felony 182
280	280	conviction. 183
281	281	Section 4. Section 893.13501, Florida Statutes, is created 184
282	282	to read: 185
283	283	893.13501 Retroactive application relating to s. 893.135; 186
284	284	legislative intent; sentencing or resentencing for trafficking 187
285	285	in hydrocodone, codeine, or oxycodone; penalties; resentencing 188
286	286	procedures.— 189
287	287	(1) It is the intent of the Legislature to retroactively 190
288	288	apply changes to gram -weight thresholds and ranges and to 191
289	289	penalties for trafficking in hydrocodone or codeine which are 192
290	290	applicable to offenders who committed these offenses on or after 193
291	291	October 1, 2019, the effective date of amendments to s. 893.135 194
292	292	by chapter 2019-167, Laws of Florida. 195
293	293	(a) If a violation of s. 893.135(1)(c) involving 196
294	294	trafficking in hydrocodone, as described in s. 893.03(2)(a)1.k.; 197
295	295	trafficking in codeine, as described in s. 893.03(2)(a)1.g.; or 198
296	296	trafficking in any salt of hydrocodone or of codeine or any 199
297	297	mixture containing any such substance, as described in s. 200
298	298
299	299	HB 1521 2025
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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	893.03(2)(a)2., was committed before October 1, 2019, and was 201
311	311	punishable as a felony of the first degree at the time the 202
312	312	violation was committed, the changes must be retroactively 203
313	313	applied as provided in this subsect ion. 204
314	314	(b) A person who committed a trafficking violation 205
315	315	described in paragraph (a) before October 1, 2019, but who was 206
316	316	not sentenced for such violation before July 1, 2025, must be 207
317	317	sentenced as provided in paragraph (d). 208
318	318	(c) A person who committed a tr afficking violation 209
319	319	described in paragraph (a) before October 1, 2019, and who is 210
320	320	serving a mandatory minimum term of imprisonment for such 211
321	321	violation on or after July 1, 2025, must be resentenced as 212
322	322	provided in paragraph (d) and in accordance with subsecti on (3). 213
323	323	(d)1. A violation described in paragraph (a) for which the 214
324	324	person is to be sentenced or resentenced pursuant to this 215
325	325	subsection is a felony of the first degree, punishable as 216
326	326	provided in s. 775.082, s. 775.083, or s. 775.084. 217
327	327	2. If the quantity of hydrocodone, as described in s. 218
328	328	893.03(2)(a)1.k., codeine, as described in s. 893.03(2)(a)1.g., 219
329	329	any salt thereof, or any mixture containing any such substance 220
330	330	involved in the violation of s. 893.135: 221
331	331	a. Was 4 grams or more, but less than 28 grams, su ch 222
332	332	person must be sentenced or resentenced as provided in s. 223
333	333	775.082, s. 775.083, or s. 775.084. 224
334	334	b. Was 28 grams or more, but less than 50 grams, such 225
335	335
336	336	HB 1521 2025
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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
344	344
345	345
346	346
347	347	person must be sentenced or resentenced to a mandatory minimum 226
348	348	term of imprisonment of 3 years and orde red to pay a fine of 227
349	349	$50,000. 228
350	350	c. Was 50 grams or more, but less than 100 grams, such 229
351	351	person must be sentenced or resentenced to a mandatory minimum 230
352	352	term of imprisonment of 7 years and ordered to pay a fine of 231
353	353	$100,000. 232
354	354	d. Was 100 grams or more, but les s than 300 grams, such 233
355	355	person must be sentenced or resentenced to a mandatory minimum 234
356	356	term of imprisonment of 15 years and ordered to pay a fine of 235
357	357	$500,000. 236
358	358	e. Was 300 grams or more, but less than 30 kilograms, such 237
359	359	person must be sentenced or resentenc ed to a mandatory minimum 238
360	360	term of imprisonment of 25 years and ordered to pay a fine of 239
361	361	$500,000 if the trafficking involves hydrocodone, any salt 240
362	362	thereof, or any mixture containing hydrocodone; or to pay a fine 241
363	363	of $750,000 if the trafficking involves code ine, any salt 242
364	364	thereof, or any mixture containing codeine. 243
365	365	(2) It is the intent of the Legislature to retroactively 244
366	366	apply the changes to gram -weight thresholds and ranges and to 245
367	367	penalties for trafficking in oxycodone which are applicable to 246
368	368	offenders who committed this offense on or after July 1, 2014, 247
369	369	the effective date of amendments to s. 893.135 by chapter 2014 -248
370	370	176, Laws of Florida. 249
371	371	(a) If a violation of s. 893.135(1)(c) involving 250
372	372
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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
381	381
382	382
383	383
384	384	trafficking in oxycodone, as described in s. 893.03(2)(a)1.q., 251
385	385	any salt thereof, or any mixture containing any such substance 252
386	386	was committed before July 1, 2014, and was punishable as a 253
387	387	felony of the first degree at the time the violation was 254
388	388	committed, the changes must be retroactively applied as provided 255
389	389	in this subsection. 256
390	390	(b) A person who committed a trafficking violation 257
391	391	described in paragraph (a) before July 1, 2014, but who was not 258
392	392	sentenced for such violation before July 1, 2025, must be 259
393	393	sentenced as provided in paragraph (d). 260
394	394	(c) A person who committed a traffickin g violation 261
395	395	described in paragraph (a) before July 1, 2014, and who is 262
396	396	serving a mandatory minimum term of imprisonment for such 263
397	397	violation on or after July 1, 2025, must be resentenced as 264
398	398	provided in paragraph (d) and in accordance with subsection (3). 265
399	399	(d)1. A violation described in paragraph (a) for which the 266
400	400	person is to be sentenced or resentenced pursuant to this 267
401	401	subsection is a felony of the first degree, punishable as 268
402	402	provided in s. 775.082, s. 775.083, or s. 775.084. 269
403	403	2. If the quantity of oxycodo ne, as described in s. 270
404	404	893.03(2)(a)1.q., any salt thereof, or any mixture containing 271
405	405	any such substance involved in the violation of s. 893.135: 272
406	406	a. Was 4 grams or more, but less than 7 grams, such person 273
407	407	must be sentenced or resentenced as provided in s. 775.082, s. 274
408	408	775.083, or s. 775.084. 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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419	419
420	420
421	421	b. Was 7 grams or more, but less than 14 grams, such 276
422	422	person must be sentenced or resentenced to a mandatory minimum 277
423	423	term of imprisonment of 3 years and ordered to pay a fine of 278
424	424	$50,000. 279
425	425	c. Was 14 grams or more, but less than 25 grams, such 280
426	426	person must be sentenced or resentenced to a mandatory minimum 281
427	427	term of imprisonment of 7 years and ordered to pay a fine of 282
428	428	$100,000. 283
429	429	d. Was 25 grams or more, but less than 100 grams, such 284
430	430	person must be sentenced or resentenced to a mandatory minimum 285
431	431	term of imprisonment of 15 years and ordered to pay a fine of 286
432	432	$500,000. 287
433	433	e. Was 100 grams or more, but less than 30 kilograms, such 288
434	434	person must be sentenced or resentenced to a mandatory minimum 289
435	435	term of imprisonment of 25 years and ordered to pay a fine of 290
436	436	$500,000. 291
437	437	(3) Resentencing under this section must occur in the 292
438	438	following manner: 293
439	439	(a) The Department of Corrections shall notify the person 294
440	440	described in paragraph (1)(c) or paragraph (2)(c) of his or her 295
441	441	eligibility to request a sentence review hearing. 296
442	442	(b) The person seeking sentence review under this section 297
443	443	may submit an application to the court of original jurisdiction 298
444	444	requesting that a sentence review hearing be held. The 299
445	445	sentencing court retains original jurisdiction for the duration 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	of the sentence for this purpose. 301
459	459	(c) A person eligible for a sentence review hearing under 302
460	460	this section is entitled to be represented by counsel, and the 303
461	461	court must appoint a public defender to represent the person if 304
462	462	he or she cannot affo rd an attorney. 305
463	463	(d) Upon receiving an application from the eligible 306
464	464	person, the court of original sentencing jurisdiction shall hold 307
465	465	a sentence review hearing to determine if the eligible person 308
466	466	meets the criteria for resentencing under this section. If the 309
467	467	court determines at the sentence review hearing that the 310
468	468	eligible person meets the criteria in this section for 311
469	469	resentencing, the court must resentence the person as provided 312
470	470	in this section; however, the new sentence may not exceed the 313
471	471	person's original sentence with credit for time served. If the 314
472	472	court determines that such person does not meet the criteria for 315
473	473	resentencing under this section, the court must provide written 316
474	474	reasons why such person does not meet such criteria. 317
475	475	Section 5. Subsection (1) of section 921.1402, Florida 318
476	476	Statutes, is amended and subsections (8) and (9) are added to 319
477	477	that section, to read: 320
478	478	921.1402 Review of sentences for persons convicted of 321
479	479	specified offenses committed while under the age of 18 years. — 322
480	480	(1) For purposes of this section, the term "juvenile 323
481	481	offender" means a person sentenced to imprisonment in the 324
482	482	custody of the Department of Corrections for an offense 325
483	483
484	484	HB 1521 2025
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488	488	CODING: Words stricken are deletions; words underlined are additions.
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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	committed on or after July 1, 2014, and committed before he or 326
496	496	she attained 18 years of age. 327
497	497	(8) Concurrent and consecutive sentences shall be treated 328
498	498	as a single sentence. 329
499	499	(9) It is the intent of the legislature that this statute 330
500	500	be applied retroactively to all juvenile offenders. 331
501	501	Section 6. Section 944.1915, Florida Statutes, is created 332
502	502	to read: 333
503	503	944.1915 Prisoner data for redistricting purposes; duties 334
504	504	of department.— 335
505	505	(1) As used in this section, the term "last known place of 336
506	506	residence" means the most recent residential address of an 337
507	507	inmate before the inmate's most current term of incarcera tion 338
508	508	that is sufficiently specific to be assigned to a census block, 339
509	509	as determined from information furnished by the department in 340
510	510	accordance with this section. In the case of an inmate for whom 341
511	511	residential address information is available but is not 342
512	512	sufficiently specific to allow the address to be assigned to a 343
513	513	census block, the "last known place of residence" means a 344
514	514	randomly determined census block located within the smallest 345
515	515	geographical area that can be identified based on the 346
516	516	residential address infor mation furnished by the department. 347
517	517	(2) Beginning in 2030 and in each year ending in the 348
518	518	number zero thereafter, the department shall furnish to the 349
519	519	Legislature, in the form of a single electronic file for each 350
520	520
521	521	HB 1521 2025
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523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb1521-00
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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	database maintained by the department, information regarding 351
533	533	each inmate incarcerated in a state correctional facility on the 352
534	534	decennial Census Day. This information shall be furnished not 353
535	535	sooner than the decennial Census Day and not later than 90 days 354
536	536	after the decennial Census Day. 355
537	537	(3) The information furnished by the department under 356
538	538	subsection (2) shall include the following for each inmate: 357
539	539	(a) A unique identifier, other than the inmate's name or 358
540	540	department number. 359
541	541	(b) Any information maintained by the department about the 360
542	542	residential address or addresses at which the inmate was 361
543	543	domiciled before the inmate's most current term of 362
544	544	incarceration, including any available information about the 363
545	545	date on which each address was added to records maintained by 364
546	546	the department. If the department doe s not have any residential 365
547	547	address information for an inmate, the information furnished by 366
548	548	the department shall state that fact. 367
549	549	(c) The inmate's ethnicity, as identified by the inmate, 368
550	550	and the inmate's race, to the extent such information is 369
551	551	maintained by the department. 370
552	552	(d) The address of the correctional facility where the 371
553	553	inmate is incarcerated on the decennial Census Day. 372
554	554	(4) The department shall exclude all inmates in federal 373
555	555	custody in a facility within this state from the information 374
556	556	furnished pursuant to this section. 375
557	557
558	558	HB 1521 2025
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
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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	(5) In order to comply with its obligation to ensure that 376
570	570	a complete and accurate computerized database is available for 377
571	571	redistricting, the Legislature shall ensure that the information 378
572	572	provided by the department is included in computerized 379
573	573	redistricting database. 380
574	574	(6) The Legislature shall deem each incarcerated person as 381
575	575	residing at that person's last known place of residence, rather 382
576	576	than at the institution of that person's incarceration, and 383
577	577	shall use the information furnish ed to it pursuant to this 384
578	578	section in carrying out its redistricting responsibilities under 385
579	579	the state constitution. The Legislature, when it uses 386
580	580	information regarding inmates that is furnished pursuant to this 387
581	581	section, shall: 388
582	582	(a) Deem an inmate incarcera ted in a state correctional 389
583	583	facility for whom the last known place of residence is either 390
584	584	outside this state or cannot be determined to reside at an 391
585	585	unknown geographical location in the state and exclude the 392
586	586	inmate from the population count for any distric t or precinct. 393
587	587	(b) Adjust race and ethnicity data in districts and 394
588	588	precincts that contain prisons in a manner that reflects 395
589	589	reductions in the local population as inmates are included in 396
590	590	the population count of the district or precinct of their last 397
591	591	known place of residence and, to the extent practicable, those 398
592	592	deemed to reside at an unknown geographic location. 399
593	593	Section 7. Subsection (2) of section 960.293, Florida 400
594	594
595	595	HB 1521 2025
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597	597
598	598
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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	960.293 Determination of damages and losses. — 402
608	608	(2) Upon conviction, a convicted offender is liable to the 403
609	609	state and its local subdivisions for damages and losses for 404
610	610	incarceration costs and other correctional costs. 405
611	611	(a) if the conviction is for a capital or life felony, the 406
612	612	convicted offender is liable for i ncarceration costs and other 407
613	613	correctional costs in the liquidated damage amount of $250,000. 408
614	614	(b) If the conviction is for an offense other than a 409
615	615	capital or life felony, a liquidated damage amount of $50 per 410
616	616	day of the convicted offender's sentence shall be assessed 411
617	617	against the convicted offender and in favor of the state or its 412
618	618	local subdivisions. Damages shall be based upon the length of 413
619	619	the sentence imposed by the court at the time of sentencing. 414
620	620	Section 8. Section 985.557, Florida Statutes, is ame nded 415
621	621	to read: 416
622	622	985.557 Direct filing of an information; discretionary 417
623	623	criteria.— 418
624	624	(1) DISCRETIONARY DIRECT FILE. — 419
625	625	(a) With respect to any child who was 14 or 15 years of 420
626	626	age at the time the alleged offense was committed, the state 421
627	627	attorney may file an information after a juvenile court judge 422
628	628	makes a finding pursuant to subsection (2) that when in the 423
629	629	state attorney's judgment and discretion the public interest 424
630	630	requires that adult sanctions be considered or imposed and when 425
631	631
632	632	HB 1521 2025
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634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
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639	639	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
640	640
641	641
642	642
643	643	the offense charged is for the commission of, attempt to commit, 426
644	644	or conspiracy to commit a felony designated as a life felony. : 427
645	645	1. Arson; 428
646	646	2. Sexual battery; 429
647	647	3. Robbery; 430
648	648	4. Kidnapping; 431
649	649	5. Aggravated child abuse; 432
650	650	6. Aggravated assault; 433
651	651	7. Aggravated stalking; 434
652	652	8. Murder; 435
653	653	9. Manslaughter; 436
654	654	10. Unlawful throwing, placing, or discharging of a 437
655	655	destructive device or bomb; 438
656	656	11. Armed burglary in violation of s. 810.02(2)(b) or 439
657	657	specified burglary of a dwelling or structure in violation of s. 440
658	658	810.02(2)(c), or burglary with an a ssault or battery in 441
659	659	violation of s. 810.02(2)(a); 442
660	660	12. Aggravated battery; 443
661	661	13. Any lewd or lascivious offense committed upon or in 444
662	662	the presence of a person less than 16 years of age; 445
663	663	14. Carrying, displaying, using, threatening, or 446
664	664	attempting to use a weapon or firearm during the commission of a 447
665	665	felony; 448
666	666	15. Grand theft in violation of s. 812.014(2)(a); 449
667	667	16. Possessing or discharging any weapon or firearm on 450
668	668
669	669	HB 1521 2025
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671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
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676	676	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
677	677
678	678
679	679
680	680	school property in violation of s. 790.115; 451
681	681	17. Home invasion robbery; 452
682	682	18. Carjacking; or 453
683	683	19. Grand theft of a motor vehicle in violation of s. 454
684	684	812.014(2)(c)6. or grand theft of a motor vehicle valued at 455
685	685	$20,000 or more in violation of s. 812.014(2)(b) if the child 456
686	686	has a previous adjudication for grand theft of a motor vehicle 457
687	687	in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 458
688	688	(b) With respect to any child who was 14 or 15 years of 459
689	689	age at the time the alleged offense was committed, and who has 460
690	690	two prior juvenile adjudications or adjudications withheld, and 461
691	691	at least one of which was fo r a felony offense, the state 462
692	692	attorney may file an information after a juvenile court judge 463
693	693	makes a finding pursuant to subsection (2) that the public 464
694	694	interest requires that adult sanctions be considered or imposed 465
695	695	and when the offense charged is for the c ommission of, attempt 466
696	696	to commit, or conspiracy to commit a felony designated as a 467
697	697	first degree punishable by life. 468
698	698	(c)(b) With respect to any child who was 16 or 17 years of 469
699	699	age at the time the alleged offense was committed, the state 470
700	700	attorney may file an information after a juvenile court judge 471
701	701	makes a finding pursuant to subsection (2) that when in the 472
702	702	state attorney's judgment and discretion the public interest 473
703	703	requires that adult sanctions be considered or imposed and when 474
704	704	the offense charged is for the commission of, attempt to commit, 475
705	705
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713	713	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
714	714
715	715
716	716
717	717	or conspiracy to commit a felony designated as a first degree 476
718	718	felony, first degree felony punishable by life, or a life 477
719	719	felony. However, the state attorney may not file an informatio n 478
720	720	on a child charged with a misdemeanor, unless the child has had 479
721	721	at least two previous adjudications or adjudications withheld 480
722	722	for delinquent acts, one of which involved an offense classified 481
723	723	as a felony under state law. 482
724	724	(2) JUDICIAL FINDINGS. —Before the state attorney may file 483
725	725	an information against a child as provided in subsection (1), a 484
726	726	juvenile court judge must make a written finding that the public 485
727	727	interest requires that adult sanctions be considered or imposed. 486
728	728	In making this finding, the juvenile court judge shall consider 487
729	729	any factor it deems appropriate, including all of the following: 488
730	730	(a) The juvenile's prior delinquency history, including 489
731	731	the nature and frequency of past offenses. 490
732	732	(b) The juvenile's cognitive development, emotional 491
733	733	maturity, and any mental health issues. 492
734	734	(c) An assessment of whether the juvenile is likely to 493
735	735	benefit from rehabilitative services within the juvenile justice 494
736	736	system. 495
737	737	(d) Whether the juvenile justice system has adequate 496
738	738	resources and programs to address the j uvenile's needs. 497
739	739	(e) The specific facts of the case, including the 498
740	740	juvenile's role in the offense, the presence of any adult co -499
741	741	defendants, and any mitigating circumstances. 500
742	742
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745	745
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750	750	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
751	751
752	752
753	753
754	754	(f) The effect of the offense on the victim and the 501
755	755	community. 502
756	756	(g) Any evaluations and recommendation from a 503
757	757	psychologist, social worker, or other relevant expert regarding 504
758	758	the juvenile's potential for rehabilitation. 505
759	759	(h) The juvenile's home environment, including support 506
760	760	systems, family stability, and socio -economic factors. 507
761	761	(i) The likelihood that the juvenile will reoffend if not 508
762	762	subject to adult sanctions 509
763	763	(3)(2) EFFECT OF DIRECT FILE. — 510
764	764	(a) Once a child has been transferred for criminal 511
765	765	prosecution pursuant to an information and has been found to 512
766	766	have committed the prese nting offense or a lesser included 513
767	767	offense, the child shall be handled thereafter in every respect 514
768	768	as if an adult for any subsequent violation of state law, unless 515
769	769	the court imposes juvenile sanctions under s. 985.565. 516
770	770	(b) When a child is transferred for criminal prosecution 517
771	771	as an adult, the court shall immediately transfer and certify to 518
772	772	the adult circuit court all felony cases pertaining to the 519
773	773	child, for prosecution of the child as an adult, which have not 520
774	774	yet resulted in a plea of guilty or nolo contendere or in which 521
775	775	a finding of guilt has not been made. If a child is acquitted of 522
776	776	all charged offenses or lesser included offenses contained in 523
777	777	the original case transferred to adult court, all felony cases 524
778	778	that were transferred to adult court as a result of this 525
779	779
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787	787	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
788	788
789	789
790	790
791	791	paragraph shall be subject to the same penalties to which such 526
792	792	cases would have been subject before being transferred to adult 527
793	793	court. 528
794	794	(c) When a child has been transferred for criminal 529
795	795	prosecution as an adult and has been found to have committed a 530
796	796	violation of state law, the disposition of the case may be made 531
797	797	under s. 985.565 and may include the enforcement of any 532
798	798	restitution ordered in any juvenile proceeding. 533
799	799	(4)(3) INFORMATION.—An information filed pursua nt to this 534
800	800	section may include all charges that are based on the same act, 535
801	801	criminal episode, or transaction as the primary offenses. 536
802	802	(5) RETURN OF JUVENILE TO JUVENILE DIVISION. —If at any 537
803	803	time during the circuit court proceedings, a circuit judge 538
804	804	believes that a juvenile offender is not fit for adult 539
805	805	sanctions, the circuit court judge can return the juvenile to 540
806	806	the juvenile division for resolution of the case. The circuit 541
807	807	court judge must file a written order articulating his reason 542
808	808	for believing that the juvenile is not fit for adult sanctions. 543
809	809	Section 9. This act shall take effect July 1, 2025. 544