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withdrawn; providing procedures for withdrawal of an 9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