Senate Bill 1354

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    Florida Senate - 1998                                  SB 1354

    By Senator Klein





    28-671A-98

  1                      A bill to be entitled

  2         An act relating to the prosecution of juveniles

  3         as adults; amending s. 985.227, F.S.; providing

  4         for a juvenile to be prosecuted as an adult if

  5         the juvenile is charged with grand theft of a

  6         motor vehicle; reenacting s. 985.21(4)(e),

  7         F.S., relating to the state attorney's

  8         authority to prosecute a juvenile as an adult,

  9         to incorporate the amendment to s. 985.227,

10         F.S., in a reference thereto; providing an

11         effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (a) of subsection (1) of section

16  985.227, Florida Statutes, is amended to read:

17         985.227  Prosecution of juveniles as adults by the

18  direct filing of an information in the criminal division of

19  the circuit court; discretionary criteria; mandatory

20  criteria.--

21         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

22         (a)  With respect to any child who was 14 or 15 years

23  of age at the time the alleged offense was committed, the

24  state attorney may file an information when in the state

25  attorney's judgment and discretion the public interest

26  requires that adult sanctions be considered or imposed and

27  when the offense charged is:

28         1.  Arson;

29         2.  Sexual battery;

30         3.  Robbery;

31         4.  Kidnapping;

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    Florida Senate - 1998                                  SB 1354
    28-671A-98




  1         5.  Aggravated child abuse;

  2         6.  Aggravated assault;

  3         7.  Aggravated stalking;

  4         8.  Murder;

  5         9.  Manslaughter;

  6         10.  Unlawful throwing, placing, or discharging of a

  7  destructive device or bomb;

  8         11.  Armed burglary in violation of s. 810.02(2)(b) or

  9  specified burglary of a dwelling or structure in violation of

10  s. 810.02(2)(c);

11         12.  Aggravated battery;

12         13.  Lewd or lascivious assault or act in the presence

13  of a child;

14         14.  Carrying, displaying, using, threatening, or

15  attempting to use a weapon or firearm during the commission of

16  a felony; or

17         15.  Grand theft in violation of s. 812.014(2)(a); or.

18         16.  Grand theft of a motor vehicle in violation of s.

19  812.014(2)(c)6. or grand theft of a motor vehicle valued at

20  $20,000 or more in violation of s. 812.014(2)(b).

21         Section 2.  For the purpose of incorporating the

22  amendment made by this act to section 985.227, Florida

23  Statutes, in a reference thereto, paragraph (e) of subsection

24  (4) of section 985.21, Florida Statutes, is reenacted to read:

25         985.21  Intake and case management.--

26         (4)  The intake counselor or case manager shall make a

27  preliminary determination as to whether the report, affidavit,

28  or complaint is complete, consulting with the state attorney

29  as may be necessary. In any case where the intake counselor or

30  case manager or the state attorney finds that the report,

31  affidavit, or complaint is insufficient by the standards for a

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    Florida Senate - 1998                                  SB 1354
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  1  probable cause affidavit, the intake counselor or case manager

  2  or state attorney shall return the report, affidavit, or

  3  complaint, without delay, to the person or agency originating

  4  the report, affidavit, or complaint or having knowledge of the

  5  facts or to the appropriate law enforcement agency having

  6  investigative jurisdiction of the offense, and shall request,

  7  and the person or agency shall promptly furnish, additional

  8  information in order to comply with the standards for a

  9  probable cause affidavit.

10         (e)  The state attorney may in all cases take action

11  independent of the action or lack of action of the intake

12  counselor or case manager, and shall determine the action

13  which is in the best interest of the public and the child. If

14  the child meets the criteria requiring prosecution as an adult

15  pursuant to s. 985.226, the state attorney shall request the

16  court to transfer and certify the child for prosecution as an

17  adult or shall provide written reasons to the court for not

18  making such request. In all other cases, the state attorney

19  may:

20         1.  File a petition for dependency;

21         2.  File a petition pursuant to chapter 984;

22         3.  File a petition for delinquency;

23         4.  File a petition for delinquency with a motion to

24  transfer and certify the child for prosecution as an adult;

25         5.  File an information pursuant to s. 985.227;

26         6.  Refer the case to a grand jury;

27         7.  Refer the child to a diversionary, pretrial

28  intervention, arbitration, or mediation program, or to some

29  other treatment or care program if such program commitment is

30  voluntarily accepted by the child or the child's parents or

31  legal guardians; or

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    Florida Senate - 1998                                  SB 1354
    28-671A-98




  1         8.  Decline to file.

  2         Section 3.  This act shall take effect July 1, 1998.

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  5                          SENATE SUMMARY

  6    Authorizes a state attorney to file an information
      against a juvenile so that the juvenile is prosecuted as
  7    an adult if the juvenile is charged with grand theft of a
      motor vehicle or grand theft of a motor vehicle valued at
  8    $20,000 or more.

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