Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1082
       
       
       
       
       
                               Ì584212vÎ584212                          
       
       576-03725-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.557, F.S.; revising the circumstances under which
    4         the state attorney is authorized to file an
    5         information when a child of a certain age range
    6         commits or attempts to commit specified crimes;
    7         deleting a requirement that a state attorney file an
    8         information under certain circumstances; revising the
    9         effects of the direct filing of a child; prohibiting
   10         the transfer of a child under certain circumstances
   11         based on the child’s competency; requiring the court
   12         to consider certain factors after a written request is
   13         made for a hearing; authorizing the court, based on
   14         these factors, to waive the case back to juvenile
   15         court; requiring the Department of Juvenile Justice to
   16         collect specified data under certain circumstances;
   17         requiring the department to provide an annual report
   18         to the Legislature; amending s. 985.56, F.S.; revising
   19         the age of a child who is subject to the jurisdiction
   20         of a court for certain crimes; prohibiting the
   21         transfer of a child under certain circumstances based
   22         on the child’s competency; removing provisions
   23         regarding sentencing of a child; authorizing, rather
   24         than requiring, a court to transfer a child indicted
   25         under certain circumstances; amending s. 985.565,
   26         F.S.; revising the criteria in determining whether to
   27         impose juvenile or adult sanctions; requiring the
   28         adult court to render an order including specific
   29         findings of fact and the reasons for its decision;
   30         providing that the order is reviewable on appeal;
   31         requiring the court to consider any reports that may
   32         assist it; providing for the examination of the
   33         reports; revising how a child may be sanctioned under
   34         certain circumstances; removing a provision which
   35         requires a court to impose adult sanctions under
   36         certain circumstances; requiring the court to explain
   37         the basis for imposing adult sanctions; revising when
   38         juvenile sanctions may be imposed; amending s.
   39         985.556, F.S.; conforming a cross-reference;
   40         reenacting s. 985.04(2), F.S., relating to oaths,
   41         records, and confidential information, to incorporate
   42         the amendments made to ss. 985.557, 985.56, and
   43         985.565, F.S., in a reference thereto; reenacting ss.
   44         985.15(1), 985.265(5), and 985.556(3), F.S., relating
   45         to filing decisions; detention transfer and release,
   46         education, and adult jails; and waiver of juvenile
   47         court jurisdiction and hearings, respectively, to
   48         incorporate the amendment made to s. 985.557, F.S., in
   49         references thereto; reenacting ss. 985.514(3) and
   50         985.556(5)(a), F.S., relating to responsibility for
   51         cost of care and fees, and waiver of juvenile court
   52         jurisdiction and hearings, respectively, to
   53         incorporate the amendment made to s. 985.565, F.S., in
   54         references thereto; providing an effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Section 985.557, Florida Statutes, is amended to
   59  read:
   60         (Substantial rewording of section. See
   61         s. 985.557, F.S., for present text.)
   62         985.557 Direct filing of an information.—
   63         (1) DIRECT FILE.—
   64         (a)With respect to a child who was 16 years of age or
   65  older or less than 18 years of age at the time the alleged
   66  offense was committed, the state attorney may file an
   67  information if, in the state attorney’s judgment and discretion,
   68  the public interest requires that adult sanctions be considered
   69  and the offense charged is for the commission of or attempt to
   70  commit:
   71         1.Murder;
   72         2.Manslaughter;
   73         3.Sexual battery as defined in s. 794.011(3);
   74         4.Armed robbery;
   75         5.Aggravated assault with a firearm;
   76         6.Aggravated child abuse;
   77         7.Arson in violation of S. 806.031;
   78         8.Kidnapping;
   79         9.Unlawful throwing, placing, or discharging of a
   80  destructive device or bomb;
   81         10.Aggravated battery resulting in great bodily harm,
   82  permanent disability, or permanent disfigurement;
   83         11. Carrying, displaying, using, or threatening or
   84  attempting to use a weapon or firearm in furtherance of the
   85  commission of a felony, if the use or threatened use does not
   86  include the mere acquisition of a deadly weapon or firearm
   87  during the felony;
   88         12.Possessing or discharging a firearm on school property
   89  in violation of s. 790.115;
   90         13. Home invasion robbery;
   91         14. Aggravated stalking;
   92         15. Carjacking;
   93         16. Aggravated animal cruelty by intentional acts; or
   94         17. DUI resulting in fatality, great bodily harm, permanent
   95  disability, or permanent disfigurement to a person.
   96         (b)With respect to a child who was 14 or 15 years of age
   97  at the time the alleged offense was committed, the state
   98  attorney may file an information if, in the state attorney’s
   99  judgment and discretion, the public interest requires that adult
  100  sanctions be considered and the offense charged is for the
  101  commission of or attempt to commit:
  102         1.Murder;
  103         2.Manslaughter; or
  104         3.Sexual battery in violation of S. 794.011(3).
  105         (2) EFFECT OF DIRECT FILE.—
  106         (a) When a child is transferred for criminal prosecution as
  107  an adult, the court may transfer and certify to the adult
  108  circuit court for prosecution of the child as an adult all
  109  related felony cases pertaining to the child which have not yet
  110  resulted in a plea of guilty or nolo contendere or in which a
  111  finding of guilt has not been made. If the child is acquitted of
  112  all charged offenses or lesser included offenses contained in
  113  the original case transferred to adult court, any felony cases
  114  that were transferred to adult court under this subsection are
  115  subject to the same penalties they were subject to before their
  116  transfer.
  117         (b) Once a child has been convicted and sentenced to adult
  118  sanctions pursuant to this section, he or she shall be handled
  119  as an adult for any subsequent violation of state law, unless
  120  the court imposes juvenile sanctions under s. 985.565.
  121         (3)TRANSFER PROHIBITION.—Notwithstanding any other law, a
  122  child who is eligible for direct file and who is pending a
  123  competency hearing in juvenile court or has previously been
  124  found to be incompetent and has not been restored to competency
  125  by a court may not be transferred to adult court for criminal
  126  prosecution.
  127         (4)REVERSE WAIVER.—A child who is transferred to adult
  128  court pursuant to this section may request, in writing, a
  129  hearing to determine whether he or she shall remain in adult
  130  court. The adult court, in determining whether public safety
  131  would be best served by retaining jurisdiction, shall consider
  132  the seriousness of the offense, the extent of the child’s
  133  alleged participation or role in the offense, the sophistication
  134  and maturity of the child, and any prior offenses the child has
  135  committed. The adult court may, based on these considerations,
  136  waive the case back to juvenile court.
  137         (5)DATA COLLECTION RELATING TO DIRECT FILE.—
  138         (a)The department shall collect data regarding children
  139  who qualify for direct file under subsection (1), including, but
  140  not limited to:
  141         1.Age;
  142         2.Race and ethnicity;
  143         3.Gender;
  144         4.Circuit and county of residence;
  145         5.Circuit and county of offense;
  146         6.Prior adjudicated offenses;
  147         7. Prior periods of probation;
  148         8.Previous contacts with law enforcement agencies or the
  149  courts;
  150         9.Initial charges;
  151         10.Charges at disposition;
  152         11.Whether adult codefendants were involved;
  153         12.Whether child codefendants were involved who were
  154  transferred to adult court;
  155         13.Whether the child was represented by counsel;
  156         14.Whether the child has waived counsel;
  157         15.Risk assessment instrument score;
  158         16.The child’s medical, mental health, substance abuse, or
  159  trauma history;
  160         17.The child’s history of physical or mental impairment or
  161  disability-related accommodations;
  162         18.The child’s history of abuse or neglect;
  163         19.The child’s history of foster care placements,
  164  including the number of prior placements;
  165         20.Whether the child has fetal alcohol syndrome or was
  166  exposed to controlled substances at birth;
  167         21.Whether the child has below-average intellectual
  168  functioning or is eligible for exceptional student education
  169  services;
  170         22.Whether the child has received mental health services
  171  or treatment;
  172         23.Whether the child has been the subject of a CINS/FINS
  173  or dependency petition;
  174         24.Plea offers made by the state and the outcome of any
  175  plea offers;
  176         25.Whether the child was transferred for criminal
  177  prosecution as an adult;
  178         26.The case resolution in juvenile court; or
  179         27.The case resolution in adult court.
  180         (b)When a child is transferred for criminal prosecution as
  181  an adult, the department shall also collect disposition data,
  182  including, but not limited to, whether the child received adult
  183  sanctions, juvenile sanctions, or diversion, and, if sentenced
  184  to prison, length of prison sentence or enhanced sentence.
  185         (c)The department shall annually provide a report
  186  analyzing this aggregated data to the President of the Senate
  187  and the Speaker of the House of Representatives.
  188         Section 2. Section 985.56, Florida Statutes, is amended to
  189  read:
  190         985.56 Indictment of a juvenile.—
  191         (1) A child 14 years of age or older of any age who is
  192  charged with a violation of state law punishable by death or by
  193  life imprisonment is subject to the jurisdiction of the court as
  194  set forth in s. 985.0301(2) unless and until an indictment on
  195  the charge is returned by the grand jury. When such indictment
  196  is returned, the petition for delinquency, if any, must be
  197  dismissed and the child must be tried and handled in every
  198  respect as an adult:
  199         (a) On the indicting offense punishable by death or by life
  200  imprisonment; and
  201         (b) On all other felonies or misdemeanors charged in the
  202  indictment which are based on the same act or transaction as the
  203  indicting offense punishable by death or by life imprisonment or
  204  on one or more acts or transactions connected with the offense
  205  punishable by death or by life imprisonment.
  206         (2) An adjudicatory hearing may not be held until 21 days
  207  after the child is taken into custody and charged with having
  208  committed an indictable offense punishable by death or by life
  209  imprisonment, unless the state attorney advises the court in
  210  writing that he or she does not intend to present the case to
  211  the grand jury, or has presented the case to the grand jury and
  212  the grand jury has not returned an indictment. If the court
  213  receives such a notice from the state attorney, or if the grand
  214  jury fails to act within the 21-day period, the court may
  215  proceed as otherwise authorized under this part.
  216         (3) Notwithstanding any other law, a child who is eligible
  217  for indictment and who is pending a competency hearing in
  218  juvenile court or has been previously found to be incompetent
  219  and has not been restored to competency by a court may not be
  220  transferred to adult court for criminal prosecution If the child
  221  is found to have committed the offense punishable by death or by
  222  life imprisonment, the child shall be sentenced as an adult. If
  223  the juvenile is not found to have committed the indictable
  224  offense but is found to have committed a lesser included offense
  225  or any other offense for which he or she was indicted as a part
  226  of the criminal episode, the court may sentence under s.
  227  985.565.
  228         (4)(a) Once a child has been indicted pursuant to this
  229  section and has been found to have committed any offense for
  230  which he or she was indicted as a part of the criminal episode,
  231  the child shall be handled thereafter in every respect as if an
  232  adult for any subsequent violation of state law, unless the
  233  court imposes juvenile sanctions under s. 985.565.
  234         (b) When a child has been indicted pursuant to this
  235  section, the court may shall immediately transfer and certify to
  236  the adult circuit court all related felony cases pertaining to
  237  the child, for prosecution of the child as an adult, which have
  238  not yet resulted in a plea of guilty or nolo contendere or in
  239  which a finding of guilt has not been made. If the child is
  240  acquitted of all charged offenses or lesser included offenses
  241  contained in the indictment case, any all felony cases that were
  242  transferred to adult court pursuant to this paragraph shall be
  243  subject to the same penalties such cases were subject to before
  244  being transferred to adult court.
  245         Section 3. Subsection (1), paragraph (c) of subsection (3),
  246  and subsection (4) of section 985.565, Florida Statutes, are
  247  amended to read:
  248         985.565 Sentencing powers; procedures; alternatives for
  249  juveniles prosecuted as adults.—
  250         (1) POWERS OF DISPOSITION.—
  251         (a) A child who is found to have committed a violation of
  252  law may, as an alternative to adult dispositions, be committed
  253  to the department for treatment in an appropriate program for
  254  children outside the adult correctional system or be placed on
  255  juvenile probation.
  256         (b) In determining whether to impose juvenile or sanctions
  257  instead of adult sanctions, the court shall consider the
  258  following criteria:
  259         1. The seriousness of the offense to the community and
  260  whether the protection of the community would be best served be
  261  protected by juvenile or adult sanctions.
  262         2.The extent of the child’s participation in the offense.
  263         3.The effect, if any, of familial or peer pressure on the
  264  child’s actions.
  265         4.2. Whether the offense was committed in an aggressive,
  266  violent, premeditated, or willful manner.
  267         5.3. Whether the offense was against persons or against
  268  property, with greater weight being given to offenses against
  269  persons, especially if personal injury resulted.
  270         6.4. The sophistication and maturity of the child,
  271  including: offender
  272         a.The child’s age, maturity, intellectual capacity, and
  273  mental and emotional health at the time of the offense.
  274         b.The child’s background, including his or her family,
  275  home, and community environment.
  276         c.The effect, if any, of immaturity, impetuosity, or
  277  failure to appreciate the risks and consequences on the child’s
  278  participation in the offense.
  279         d.The effect, if any, of characteristics attributable to
  280  the child’s age on the child’s judgment.
  281         7.5. The record and previous history of the child offender,
  282  including:
  283         a. Previous contacts with the Department of Corrections,
  284  the Department of Juvenile Justice, the former Department of
  285  Health and Rehabilitative Services, the Department of Children
  286  and Families, law enforcement agencies, and the courts and the
  287  adequacy and appropriateness of the services provided to address
  288  the child’s needs.
  289         b. Prior periods of probation.
  290         c. Prior adjudications that the offender committed a
  291  delinquent act or violation of law as a child.
  292         d. Prior commitments to the Department of Juvenile Justice,
  293  the former Department of Health and Rehabilitative Services, the
  294  Department of Children and Families, or other facilities or
  295  institutions and the adequacy and appropriateness of the
  296  services provided to address the child’s needs.
  297         e.Previous contacts with law enforcement agencies and the
  298  courts.
  299         f.History of abuse, abandonment or neglect, foster care
  300  placements, failed adoption, fetal alcohol syndrome, exposure to
  301  controlled substances at birth, and below-average intellectual
  302  functioning.
  303         g.Identification of the child as having a disability or
  304  having previously received mental health services or treatment.
  305         8.6. The prospects for adequate protection of the public
  306  and the likelihood of deterrence and reasonable rehabilitation
  307  of the offender if assigned to services and facilities of the
  308  Department of Juvenile Justice.
  309         9.7. Whether the Department of Juvenile Justice has
  310  appropriate programs, facilities, and services immediately
  311  available.
  312         8. Whether adult sanctions would provide more appropriate
  313  punishment and deterrence to further violations of law than the
  314  imposition of juvenile sanctions.
  315         10.Whether the Department of Corrections has appropriate
  316  programs, facilities, and services immediately available.
  317         (c)The adult court shall render an order including
  318  specific findings of fact and the reasons for its decision. The
  319  order shall be reviewable on appeal under s. 985.534 and the
  320  Florida Rules of Appellate Procedure.
  321         (3) SENTENCING HEARING.—
  322         (c) The court may receive and consider any other relevant
  323  and material evidence, including other reports, written or oral,
  324  in its effort to determine the action to be taken with regard to
  325  the child, and may rely upon such evidence to the extent of its
  326  probative value even if the evidence would not be competent in
  327  an adjudicatory hearing. The court shall consider any reports
  328  that may assist it, including prior predisposition reports,
  329  psycho-social assessments, individualized educational programs,
  330  developmental assessments, school records, abuse or neglect
  331  reports, home studies, protective investigations, and
  332  psychological and psychiatric evaluations. The child, the
  333  child’s defense counsel, and the state attorney, have the right
  334  to examine these reports and to question the parties responsible
  335  for them at the hearing.
  336         (4) SENTENCING ALTERNATIVES.—
  337         (a) Adult Sanctions.—
  338         1. Cases prosecuted on indictment.—If the child is found to
  339  have committed the offense punishable by death or life
  340  imprisonment, the child shall be sentenced as an adult. If the
  341  juvenile is not found to have committed the indictable offense
  342  but is found to have committed a lesser included offense or any
  343  other offense for which he or she was indicted as a part of the
  344  criminal episode, the court may sentence as follows:
  345         a. As an adult;
  346         b. Under chapter 958; or
  347         c. As a juvenile under this section.
  348         2. Other cases.—If a child who has been transferred for
  349  criminal prosecution pursuant to information or waiver of
  350  juvenile court jurisdiction is found to have committed a
  351  violation of state law or a lesser included offense for which he
  352  or she was charged as a part of the criminal episode, the court
  353  may sentence as follows:
  354         1.a. As an adult;
  355         2.b.As a youthful offender under chapter 958; or
  356         3.c. As a juvenile under this section.
  357         3. Notwithstanding any other provision to the contrary, if
  358  the state attorney is required to file a motion to transfer and
  359  certify the juvenile for prosecution as an adult under s.
  360  985.556(3) and that motion is granted, or if the state attorney
  361  is required to file an information under s. 985.557(2)(a) or
  362  (b), the court must impose adult sanctions.
  363         (b)4.Findings.—The court must Any sentence imposing adult
  364  sanctions is presumed appropriate, and the court is not required
  365  to set forth specific findings or enumerate the criteria in this
  366  subsection as any basis for its decision to impose adult
  367  sanctions.
  368         (c)5.Restitution.When a child has been transferred for
  369  criminal prosecution as an adult and has been found to have
  370  committed a violation of state law, the disposition of the case
  371  may include the enforcement of any restitution ordered in any
  372  juvenile proceeding.
  373         (d)(b)Juvenile sanctions.If a juvenile sentence is For
  374  juveniles transferred to adult court but who do not qualify for
  375  such transfer under s. 985.556(3) or s. 985.557(2)(a) or (b),
  376  the court may impose juvenile sanctions under this paragraph. If
  377  juvenile sentences are imposed, the court shall, under this
  378  paragraph, adjudge the child to have committed a delinquent act.
  379  Adjudication of delinquency shall not be deemed a conviction,
  380  nor shall it operate to impose any of the civil disabilities
  381  ordinarily resulting from a conviction. The court shall impose
  382  an adult sanction or a juvenile sanction and may not sentence
  383  the child to a combination of adult and juvenile punishments. An
  384  adult sanction or a juvenile sanction may include enforcement of
  385  an order of restitution or probation previously ordered in any
  386  juvenile proceeding. However, if the court imposes a juvenile
  387  sanction and the department determines that the sanction is
  388  unsuitable for the child, the department shall return custody of
  389  the child to the sentencing court for further proceedings,
  390  including the imposition of adult sanctions. Upon adjudicating a
  391  child delinquent under subsection (1), the court may:
  392         1. Place the child in a probation program under the
  393  supervision of the department for an indeterminate period of
  394  time until the child reaches the age of 19 years or sooner if
  395  discharged by order of the court.
  396         2. Commit the child to the department for treatment in an
  397  appropriate program for children for an indeterminate period of
  398  time until the child is 21 or sooner if discharged by the
  399  department. The department shall notify the court of its intent
  400  to discharge no later than 14 days prior to discharge. Failure
  401  of the court to timely respond to the department’s notice shall
  402  be considered approval for discharge.
  403         3. Order disposition under ss. 985.435, 985.437, 985.439,
  404  985.441, 985.45, and 985.455 as an alternative to youthful
  405  offender or adult sentencing if the court determines not to
  406  impose youthful offender or adult sanctions.
  407         (e)(c)Adult sanctions upon failure of juvenile sanctions.
  408  If a child proves not to be suitable to a commitment program,
  409  juvenile probation program, or treatment program under paragraph
  410  (d)(b), the department shall provide the sentencing court with a
  411  written report outlining the basis for its objections to the
  412  juvenile sanction and shall simultaneously provide a copy of the
  413  report to the state attorney and the defense counsel. The
  414  department shall schedule a hearing within 30 days. Upon
  415  hearing, the court may revoke the previous adjudication, impose
  416  an adjudication of guilt, and impose any sentence which it may
  417  lawfully impose, giving credit for all time spent by the child
  418  in the department. The court may also classify the child as a
  419  youthful offender under s. 958.04, if appropriate. For purposes
  420  of this paragraph, a child may be found not suitable to a
  421  commitment program, community control program, or treatment
  422  program under paragraph (d)(b) if the child commits a new
  423  violation of law while under juvenile sanctions, if the child
  424  commits any other violation of the conditions of juvenile
  425  sanctions, or if the child’s actions are otherwise determined by
  426  the court to demonstrate a failure of juvenile sanctions.
  427         (f)(d)Further proceedings heard in adult court.—When a
  428  child is sentenced to juvenile sanctions, further proceedings
  429  involving those sanctions shall continue to be heard in the
  430  adult court.
  431         (g)(e)School attendance.—If the child is attending or is
  432  eligible to attend public school and the court finds that the
  433  victim or a sibling of the victim in the case is attending or
  434  may attend the same school as the child, the court placement
  435  order shall include a finding pursuant to the proceeding
  436  described in s. 985.455(2), regardless of whether adjudication
  437  is withheld.
  438  
  439  It is the intent of the Legislature that the criteria and
  440  guidelines in this subsection are mandatory and that a
  441  determination of disposition under this subsection is subject to
  442  the right of the child to appellate review under s. 985.534.
  443         Section 4. Subsection (1) of section 985.556, Florida
  444  Statutes, is amended to read:
  445         985.556 Waiver of juvenile court jurisdiction; hearing.—
  446         (1) VOLUNTARY WAIVER.—The court shall transfer and certify
  447  a child’s criminal case for trial as an adult if the child is
  448  alleged to have committed a violation of law and, prior to the
  449  commencement of an adjudicatory hearing, the child, joined by a
  450  parent or, in the absence of a parent, by the guardian or
  451  guardian ad litem, demands in writing to be tried as an adult.
  452  Once a child has been transferred for criminal prosecution
  453  pursuant to a voluntary waiver hearing and has been found to
  454  have committed the presenting offense or a lesser included
  455  offense, the child shall be handled thereafter in every respect
  456  as an adult for any subsequent violation of state law, unless
  457  the court imposes juvenile sanctions under s. 985.565(4)(d) s.
  458  985.565(4)(b).
  459         Section 5. For the purpose of incorporating the amendment
  460  made by this act to sections 985.557, 985.56, and 985.565,
  461  Florida Statutes, in a reference thereto, subsection (2) of
  462  section 985.04, Florida Statutes, is reenacted to read:
  463         985.04 Oaths; records; confidential information.—
  464         (2) Notwithstanding any other provisions of this chapter,
  465  the name, photograph, address, and crime or arrest report of a
  466  child:
  467         (a) Taken into custody if the child has been taken into
  468  custody by a law enforcement officer for a violation of law
  469  which, if committed by an adult, would be a felony;
  470         (b) Found by a court to have committed three or more
  471  violations of law which, if committed by an adult, would be
  472  misdemeanors;
  473         (c) Transferred to the adult system under s. 985.557,
  474  indicted under s. 985.56, or waived under s. 985.556;
  475         (d) Taken into custody by a law enforcement officer for a
  476  violation of law subject to s. 985.557(2)(b) or (d); or
  477         (e) Transferred to the adult system but sentenced to the
  478  juvenile system under s. 985.565
  479  
  480  shall not be considered confidential and exempt from s.
  481  119.07(1) solely because of the child’s age.
  482         Section 6. For the purpose of incorporating the amendment
  483  made by this act to section 985.557, Florida Statutes, in a
  484  reference thereto, subsection (1) of section 985.15, Florida
  485  Statutes, is reenacted to read:
  486         985.15 Filing decisions.—
  487         (1) The state attorney may in all cases take action
  488  independent of the action or lack of action of the juvenile
  489  probation officer and shall determine the action that is in the
  490  best interest of the public and the child. If the child meets
  491  the criteria requiring prosecution as an adult under s. 985.556,
  492  the state attorney shall request the court to transfer and
  493  certify the child for prosecution as an adult or shall provide
  494  written reasons to the court for not making such a request. In
  495  all other cases, the state attorney may:
  496         (a) File a petition for dependency;
  497         (b) File a petition under chapter 984;
  498         (c) File a petition for delinquency;
  499         (d) File a petition for delinquency with a motion to
  500  transfer and certify the child for prosecution as an adult;
  501         (e) File an information under s. 985.557;
  502         (f) Refer the case to a grand jury;
  503         (g) Refer the child to a diversionary, pretrial
  504  intervention, arbitration, or mediation program, or to some
  505  other treatment or care program if such program commitment is
  506  voluntarily accepted by the child or the child’s parents or
  507  legal guardian; or
  508         (h) Decline to file.
  509         Section 7. For the purpose of incorporating the amendment
  510  made by this act to section 985.557, Florida Statutes, in a
  511  reference thereto, subsection (5) of section 985.265, Florida
  512  Statutes, is reenacted to read:
  513         985.265 Detention transfer and release; education; adult
  514  jails.—
  515         (5) The court shall order the delivery of a child to a jail
  516  or other facility intended or used for the detention of adults:
  517         (a) When the child has been transferred or indicted for
  518  criminal prosecution as an adult under part X, except that the
  519  court may not order or allow a child alleged to have committed a
  520  misdemeanor who is being transferred for criminal prosecution
  521  pursuant to either s. 985.556 or s. 985.557 to be detained or
  522  held in a jail or other facility intended or used for the
  523  detention of adults; however, such child may be held temporarily
  524  in a detention facility; or
  525         (b) When a child taken into custody in this state is wanted
  526  by another jurisdiction for prosecution as an adult.
  527  
  528  The child shall be housed separately from adult inmates to
  529  prohibit a child from having regular contact with incarcerated
  530  adults, including trusties. “Regular contact” means sight and
  531  sound contact. Separation of children from adults shall permit
  532  no more than haphazard or accidental contact. The receiving jail
  533  or other facility shall contain a separate section for children
  534  and shall have an adequate staff to supervise and monitor the
  535  child’s activities at all times. Supervision and monitoring of
  536  children includes physical observation and documented checks by
  537  jail or receiving facility supervisory personnel at intervals
  538  not to exceed 10 minutes. This subsection does not prohibit
  539  placing two or more children in the same cell. Under no
  540  circumstances shall a child be placed in the same cell with an
  541  adult.
  542         Section 8. For the purpose of incorporating the amendment
  543  made by this act to section 985.557, Florida Statutes, in a
  544  reference thereto, subsection (3) of section 985.556, Florida
  545  Statutes, is reenacted to read:
  546         985.556 Waiver of juvenile court jurisdiction; hearing.—
  547         (3) INVOLUNTARY MANDATORY WAIVER.—
  548         (a) If the child was 14 years of age or older, and if the
  549  child has been previously adjudicated delinquent for an act
  550  classified as a felony, which adjudication was for the
  551  commission of, attempt to commit, or conspiracy to commit
  552  murder, sexual battery, armed or strong-armed robbery,
  553  carjacking, home-invasion robbery, aggravated battery,
  554  aggravated assault, or burglary with an assault or battery, and
  555  the child is currently charged with a second or subsequent
  556  violent crime against a person; or
  557         (b) If the child was 14 years of age or older at the time
  558  of commission of a fourth or subsequent alleged felony offense
  559  and the child was previously adjudicated delinquent or had
  560  adjudication withheld for or was found to have committed, or to
  561  have attempted or conspired to commit, three offenses that are
  562  felony offenses if committed by an adult, and one or more of
  563  such felony offenses involved the use or possession of a firearm
  564  or violence against a person;
  565  
  566  the state attorney shall request the court to transfer and
  567  certify the child for prosecution as an adult or shall provide
  568  written reasons to the court for not making such request, or
  569  proceed under s. 985.557(1). Upon the state attorney’s request,
  570  the court shall either enter an order transferring the case and
  571  certifying the case for trial as if the child were an adult or
  572  provide written reasons for not issuing such an order.
  573         Section 9. For the purpose of incorporating the amendment
  574  made by this act to section 985.565, Florida Statutes, in a
  575  reference thereto, subsection (3) of section 985.514, Florida
  576  Statutes, is reenacted to read:
  577         985.514 Responsibility for cost of care; fees.—
  578         (3) When the court under s. 985.565 orders any child
  579  prosecuted as an adult to be supervised by or committed to the
  580  department for treatment in any of the department’s programs for
  581  children, the court shall order the child’s parents to pay fees
  582  as provided in s. 985.039.
  583         Section 10. For the purpose of incorporating the amendment
  584  made by this act to section 985.565, Florida Statutes, in a
  585  reference thereto, paragraph (a) of subsection (5) of section
  586  985.556, Florida Statutes, is reenacted to read:
  587         985.556 Waiver of juvenile court jurisdiction; hearing.—
  588         (5) EFFECT OF ORDER WAIVING JURISDICTION.—
  589         (a) Once a child has been transferred for criminal
  590  prosecution pursuant to an involuntary waiver hearing and has
  591  been found to have committed the presenting offense or a lesser
  592  included offense, the child shall thereafter be handled in every
  593  respect as an adult for any subsequent violation of state law,
  594  unless the court imposes juvenile sanctions under s. 985.565.
  595         Section 11. This act shall take effect July 1, 2015.