Florida Senate - 2025 SB 950 By Senator Rouson 16-01133-25 2025950__ 1 A bill to be entitled 2 An act relating to prosecuting children as adults; 3 amending s. 985.265, F.S.; prohibiting a jail or other 4 facility intended or used for the detention of adults 5 from holding a child who has been transferred to adult 6 court for criminal prosecution before a specified 7 hearing to determine whether the child should be 8 prosecuted as an adult, unless the child waives his or 9 her right to such hearing; amending s. 985.556, F.S.; 10 deleting provisions requiring a state attorney to 11 request a court to transfer and certify a child for 12 prosecution as an adult or to provide written reasons 13 to the court for not making such request, or to 14 proceed under a specified provision; amending s. 15 985.557, F.S.; deleting references to the state 16 attorneys discretion to direct file an information on 17 a child; revising discretionary direct file criteria; 18 requiring a court to advise a child and his or her 19 parent or legal guardian of the childs right to a due 20 process evidentiary hearing before a judge upon the 21 filing by a state attorney of an information 22 transferring the child to adult court; requiring that 23 the child or the childs parent or legal guardian be 24 afforded such hearing; requiring the judge to conduct 25 the hearing within a certain timeframe; requiring the 26 judge to consider specified information and factors 27 during the hearing; authorizing the judge to consider, 28 and certain parties to the action to examine, certain 29 reports; providing for continued jurisdiction of the 30 adult court with regard to the child unless the court 31 makes a specified finding by a preponderance of the 32 evidence; requiring the adult court to render an order 33 that includes certain findings of fact; authorizing 34 immediate review of the order; providing that the 35 order is reviewable on appeal under specified rules; 36 amending ss. 985.15 and 985.565, F.S.; conforming 37 provisions to changes made by the act; amending s. 38 985.03, F.S.; conforming a cross-reference; providing 39 an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1.Subsection (5) of section 985.265, Florida 44 Statutes, is amended to read: 45 985.265Detention transfer and release; education; adult 46 jails. 47 (5)The court shall order the delivery of a child to a jail 48 or other facility intended or used for the detention of adults: 49 (a)When the child has been transferred or indicted for 50 criminal prosecution as an adult under part X, except that: 51 1.The court may not order or allow a child alleged to have 52 committed a misdemeanor who is being transferred for criminal 53 prosecution pursuant to either s. 985.556 or s. 985.557 to be 54 detained or held in a jail or other facility intended or used 55 for the detention of adults; however, such child may be held 56 temporarily in a detention facility; and 57 2.A child who has been transferred for criminal 58 prosecution as an adult pursuant to s. 985.557 may not be held 59 in a jail or other facility intended or used for the detention 60 of adults before a court finding that, as a result of a hearing 61 provided for under s. 985.557(3), the child should be prosecuted 62 as an adult, unless the child waives his or her right to such 63 hearing; or 64 (b)When a child taken into custody in this state is wanted 65 by another jurisdiction for prosecution as an adult. 66 67 The child shall be housed separately from adult inmates to 68 prohibit a child from having regular contact with incarcerated 69 adults, including trusties. Regular contact means sight and 70 sound contact. Separation of children from adults shall permit 71 no more than haphazard or accidental contact. The receiving jail 72 or other facility shall contain a separate section for children 73 and shall have an adequate staff to supervise and monitor the 74 childs activities at all times. Supervision and monitoring of 75 children includes physical observation and documented checks by 76 jail or receiving facility supervisory personnel at intervals 77 not to exceed 10 minutes. This subsection does not prohibit 78 placing two or more children in the same cell. Under no 79 circumstances shall a child be placed in the same cell with an 80 adult. 81 Section 2.Subsections (2) and (3) of section 985.556, 82 Florida Statutes, are amended to read: 83 985.556Waiver of juvenile court jurisdiction; hearing. 84 (2)INVOLUNTARY DISCRETIONARY WAIVER.Except as provided in 85 subsection (3), The state attorney may file a motion requesting 86 the court to transfer the child for criminal prosecution if the 87 child was 14 years of age or older at the time the alleged 88 delinquent act or violation of law was committed. 89 (3)INVOLUNTARY MANDATORY WAIVER. 90 (a)If the child was 14 years of age or older, and if the 91 child has been previously adjudicated delinquent for an act 92 classified as a felony, which adjudication was for the 93 commission of, attempt to commit, or conspiracy to commit 94 murder, sexual battery, armed or strong-armed robbery, 95 carjacking, home-invasion robbery, aggravated battery, 96 aggravated assault, or burglary with an assault or battery, and 97 the child is currently charged with a second or subsequent 98 violent crime against a person; or 99 (b)If the child was 14 years of age or older at the time 100 of commission of a fourth or subsequent alleged felony offense 101 and the child was previously adjudicated delinquent or had 102 adjudication withheld for or was found to have committed, or to 103 have attempted or conspired to commit, three offenses that are 104 felony offenses if committed by an adult, and one or more of 105 such felony offenses involved the use or possession of a firearm 106 or violence against a person; 107 108 the state attorney shall request the court to transfer and 109 certify the child for prosecution as an adult or shall provide 110 written reasons to the court for not making such request, or 111 proceed under s. 985.557(1). Upon the state attorneys request, 112 the court shall either enter an order transferring the case and 113 certifying the case for trial as if the child were an adult or 114 provide written reasons for not issuing such an order. 115 Section 3.Section 985.557, Florida Statutes, is amended to 116 read: 117 985.557Prosecuting children as adults Direct filing of an 118 information; discretionary criteria. 119 (1)DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 120 FILE. 121 (a)With respect to any child who was 14 or 15 years of age 122 at the time the alleged offense was committed, the state 123 attorney may file an information when in the state attorneys 124 judgment and discretion the public interest requires that adult 125 sanctions be considered or imposed and when the offense charged 126 is for the commission of, attempt to commit, or conspiracy to 127 commit: 128 1.Arson; 129 2.Sexual battery; 130 3.Robbery; 131 4.Kidnapping; 132 5.Aggravated child abuse; 133 6.Aggravated assault; 134 7.Aggravated stalking; 135 8.Murder; 136 9.Manslaughter; 137 10.Unlawful throwing, placing, or discharging of a 138 destructive device or bomb; 139 11.Armed burglary in violation of s. 810.02(2)(b) or 140 specified burglary of a dwelling or structure in violation of s. 141 810.02(2)(c), or burglary with an assault or battery in 142 violation of s. 810.02(2)(a); 143 12.Aggravated battery; 144 13.Any lewd or lascivious offense committed upon or in the 145 presence of a person less than 16 years of age; 146 14.Carrying, displaying, using, threatening, or attempting 147 to use a weapon or firearm during the commission of a felony; 148 15.Grand theft in violation of s. 812.014(2)(a); 149 16.Possessing or discharging any weapon or firearm on 150 school property in violation of s. 790.115; 151 17.Home invasion robbery; 152 18.Carjacking; or 153 19.Grand theft of a motor vehicle in violation of s. 154 812.014(2)(c)6. or grand theft of a motor vehicle valued at 155 $20,000 or more in violation of s. 812.014(2)(b) if the child 156 has a previous adjudication for grand theft of a motor vehicle 157 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 158 (b)With respect to any child who was 16 or 17 years of age 159 at the time the alleged forcible felony as defined in s. 776.08 160 offense was committed, the state attorney may file an 161 information when in the state attorneys judgment and discretion 162 the public interest requires that adult sanctions be considered 163 or imposed. However, the state attorney may not file an 164 information on a child charged with a misdemeanor, unless the 165 child has had at least two previous adjudications or 166 adjudications withheld for delinquent acts, one of which 167 involved an offense classified as a forcible felony as defined 168 in s. 776.08 under state law. 169 (2)NOTIFICATION TO PARENT OR GUARDIAN.Upon the filing by 170 the state attorney of an information transferring a child to 171 adult court, the court shall advise the child and his or her 172 parent or legal guardian that the child has the right to a due 173 process evidentiary hearing before a judge. 174 (3)DUE PROCESS EVIDENTIARY HEARING.Notwithstanding any 175 other law, and in all cases, a child charged with a crime or his 176 or her parent or legal guardian must be afforded a due process 177 evidentiary hearing before a judge after the state attorney 178 files an information in adult court under this section. 179 (a)The judge shall conduct the hearing within 30 days 180 after the request, excluding Saturdays, Sundays, and legal 181 holidays, unless the child or the childs attorney shows good 182 cause for a delay. The purpose of the hearing is for the court 183 to determine whether it is necessary for the communitys 184 protection that the child be prosecuted in adult court. The 185 judge shall consider all of the following: 186 1.Evaluations and assessments completed by the department. 187 2.The sophistication and maturity of the child, including: 188 a.The effect, if any, of immaturity, impetuosity, or 189 failure to appreciate risks and consequences on the childs 190 participation in the alleged offense. 191 b.The childs age, maturity, intellectual capacity, and 192 mental and emotional health at the time of the alleged offense. 193 c.The effect, if any, of characteristics attributable to 194 the childs youth on his or her judgment. 195 3.The record and previous history of the child, including: 196 a.Previous contacts with the department, the Department of 197 Corrections, the Department of Children and Families, other law 198 enforcement agencies, and the courts. 199 b.Prior periods of probation. 200 c.Prior adjudications that the child committed a 201 delinquent act or violation of law, with greater weight being 202 given if a court previously found that the child committed a 203 delinquent act or violation of law involving violence to 204 persons. 205 d.Prior commitments to institutions of the department, the 206 Department of Corrections, or agencies under contract with 207 either department. 208 e.Any history of trauma, abuse or neglect, foster care 209 placements, failed adoption, fetal alcohol syndrome, exposure to 210 controlled substances at birth, or below-average intellectual 211 functioning. 212 f.Identification of the child as a student requiring 213 exceptional student education or having previously received 214 psychological services. 215 4.The nature of the alleged offense and the childs 216 participation in it, including: 217 a.Whether the alleged offense is punishable by death or 218 life imprisonment. 219 b.Whether the alleged offense was against persons or 220 property. 221 c.Whether the alleged offense is alleged to have been 222 committed in an aggressive, violent, or premeditated manner. 223 d.The extent of the childs participation in the alleged 224 offense. 225 e.The effect, if any, of familial pressure or peer 226 pressure on the childs actions. 227 5.The prospects for adequate protection of the public and 228 the likelihood of reasonable rehabilitation of the child, if the 229 child is found to have committed the alleged offense: 230 a.By the use of procedures, services, and facilities 231 currently available to the juvenile court. 232 b.By the use of procedures, services, and facilities 233 currently available to the adult court, including whether the 234 lowest permissible sentence under the Criminal Punishment Code 235 is a nonstate prison sanction. 236 6.Whether the child could obtain habilitative or 237 rehabilitative services available in the juvenile justice 238 system. 239 7.Whether the child could receive a sentence in juvenile 240 court which would provide adequate safety and protection for the 241 community. 242 8.Whether the childs best interests would be served by 243 prosecuting the child in juvenile court. 244 (b)The judge may consider any reports that may assist the 245 court, including prior predisposition reports, psychosocial 246 assessments, individual educational plans, developmental 247 assessments, school records, abuse or neglect reports, home 248 studies, protective investigations, and psychological and 249 psychiatric evaluations. The child, the childs parent or legal 250 guardian, the childs defense counsel, and the state attorney 251 may examine these reports and, at the hearing, question the 252 parties responsible for creating them. 253 (c)The adult court shall retain jurisdiction unless the 254 court finds by a preponderance of the evidence that the factors 255 listed in paragraph (a) support returning the child to juvenile 256 court. 257 (d)The adult court shall render an order that includes 258 specific findings of fact and the reasons for its decision. The 259 prosecution or defense may seek immediate review of the order 260 through interlocutory appeal. The order is reviewable on appeal 261 under the Florida Rules of Appellate Procedure. 262 (4)(2)EFFECT OF PROSECUTING CHILDREN AS ADULTS DIRECT 263 FILE. 264 (a)Once a child has been transferred for criminal 265 prosecution pursuant to an information and has been found to 266 have committed the presenting offense or a lesser included 267 offense, the child shall be handled thereafter in every respect 268 as if an adult for any subsequent violation of state law, unless 269 the court imposes juvenile sanctions under s. 985.565. 270 (b)When a child is transferred for criminal prosecution as 271 an adult, the court shall immediately transfer and certify to 272 the adult circuit court all felony cases pertaining to the 273 child, for prosecution of the child as an adult, which have not 274 yet resulted in a plea of guilty or nolo contendere or in which 275 a finding of guilt has not been made. If a child is acquitted of 276 all charged offenses or lesser included offenses contained in 277 the original case transferred to adult court, all felony cases 278 that were transferred to adult court as a result of this 279 paragraph shall be subject to the same penalties to which such 280 cases would have been subject before being transferred to adult 281 court. 282 (c)When a child has been transferred for criminal 283 prosecution as an adult and has been found to have committed a 284 violation of state law, the disposition of the case may be made 285 under s. 985.565 and may include the enforcement of any 286 restitution ordered in any juvenile proceeding. 287 (5)(3)CHARGES INCLUDED IN INFORMATION.An information 288 filed pursuant to this section may include all charges that are 289 based on the same act, criminal episode, or transaction as the 290 primary offenses. 291 Section 4.Subsection (1) of section 985.15, Florida 292 Statutes, is amended to read: 293 985.15Filing decisions. 294 (1)The state attorney may in all cases take action 295 independent of the action or lack of action of the juvenile 296 probation officer and shall determine the action that is in the 297 best interest of the public and the child. If the child meets 298 the criteria requiring prosecution as an adult under s. 985.556, 299 the state attorney shall request the court to transfer and 300 certify the child for prosecution as an adult or shall provide 301 written reasons to the court for not making such a request. In 302 all other cases, The state attorney may: 303 (a)File a petition for dependency; 304 (b)File a petition under chapter 984; 305 (c)File a petition for delinquency; 306 (d)File a petition for delinquency with a motion to 307 transfer and certify the child for prosecution as an adult; 308 (e)File an information under s. 985.557; 309 (f)Refer the case to a grand jury; 310 (g)Refer the child to a diversionary, pretrial 311 intervention, arbitration, or mediation program, or to some 312 other treatment or care program if such program commitment is 313 voluntarily accepted by the child or the childs parents or 314 legal guardian; or 315 (h)Decline to file. 316 Section 5.Paragraphs (a) and (b) of subsection (4) of 317 section 985.565, Florida Statutes, are amended to read: 318 985.565Sentencing powers; procedures; alternatives for 319 juveniles prosecuted as adults. 320 (4)SENTENCING ALTERNATIVES. 321 (a)Adult sanctions. 322 1.Cases prosecuted on indictment.If the child is found to 323 have committed the offense punishable by death or life 324 imprisonment, the child shall be sentenced as an adult. If the 325 juvenile is not found to have committed the indictable offense 326 but is found to have committed a lesser included offense or any 327 other offense for which he or she was indicted as a part of the 328 criminal episode, the court may sentence as follows: 329 a.As an adult; 330 b.Under chapter 958; or 331 c.As a juvenile under this section. 332 2.Other cases.If a child who has been transferred for 333 criminal prosecution pursuant to information or waiver of 334 juvenile court jurisdiction is found to have committed a 335 violation of state law or a lesser included offense for which he 336 or she was charged as a part of the criminal episode, the court 337 may sentence as follows: 338 a.As an adult; 339 b.Under chapter 958; or 340 c.As a juvenile under this section. 341 3.Notwithstanding any other provision to the contrary, if 342 the state attorney is required to file a motion to transfer and 343 certify the juvenile for prosecution as an adult under s. 344 985.556(3) and that motion is granted, the court must impose 345 adult sanctions. 346 4.Any sentence imposing adult sanctions is presumed 347 appropriate, and the court is not required to set forth specific 348 findings or enumerate the criteria in this subsection as any 349 basis for its decision to impose adult sanctions. 350 4.5.When a child has been transferred for criminal 351 prosecution as an adult and has been found to have committed a 352 violation of state law, the disposition of the case may include 353 the enforcement of any restitution ordered in any juvenile 354 proceeding. 355 (b)Juvenile sanctions.For juveniles transferred to adult 356 court but who do not qualify for such transfer under s. 357 985.556(3), the court may impose juvenile sanctions under this 358 paragraph. If juvenile sentences are imposed, the court shall, 359 under this paragraph, adjudge the child to have committed a 360 delinquent act. Adjudication of delinquency may not be deemed a 361 conviction, nor shall it operate to impose any of the civil 362 disabilities ordinarily resulting from a conviction. The court 363 shall impose an adult sanction or a juvenile sanction and may 364 not sentence the child to a combination of adult and juvenile 365 punishments. An adult sanction or a juvenile sanction may 366 include enforcement of an order of restitution or probation 367 previously ordered in any juvenile proceeding. However, if the 368 court imposes a juvenile sanction and the department determines 369 that the sanction is unsuitable for the child, the department 370 shall return custody of the child to the sentencing court for 371 further proceedings, including the imposition of adult 372 sanctions. Upon adjudicating a child delinquent under subsection 373 (1), the court may: 374 1.Place the child in a probation program under the 375 supervision of the department for an indeterminate period of 376 time until the child reaches the age of 19 years or sooner if 377 discharged by order of the court. 378 2.Commit the child to the department for treatment in an 379 appropriate program for children for an indeterminate period of 380 time until the child is 21 or sooner if discharged by the 381 department. The department shall notify the court of its intent 382 to discharge no later than 14 days before discharge. Failure of 383 the court to timely respond to the departments notice shall be 384 considered approval for discharge. 385 3.Order disposition under ss. 985.435, 985.437, 985.439, 386 985.441, 985.45, and 985.455 as an alternative to youthful 387 offender or adult sentencing if the court determines not to 388 impose youthful offender or adult sanctions. 389 390 It is the intent of the Legislature that the criteria and 391 guidelines in this subsection are mandatory and that a 392 determination of disposition under this subsection is subject to 393 the right of the child to appellate review under s. 985.534. 394 Section 6.Subsection (55) of section 985.03, Florida 395 Statutes, is amended to read: 396 985.03Definitions.As used in this chapter, the term: 397 (55)Waiver hearing means a hearing provided for under s. 398 985.556(3) s. 985.556(4). 399 Section 7.This act shall take effect July 1, 2025.