House Bill 1769
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Florida House of Representatives - 1999 HB 1769
By the Committee on Juvenile Justice and Representative
Merchant
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 in the
6 second degree or third degree of a motor
7 vehicle and has a prior adjudication for grand
8 theft of a motor vehicle; reenacting s.
9 985.21(4)(e), F.S., relating to the state
10 attorney's authority to prosecute a juvenile as
11 an adult, to incorporate the amendment to s.
12 985.227, F.S., in references thereto; providing
13 an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (a) of subsection (1) of section
18 985.227, Florida Statutes, is amended to read:
19 985.227 Prosecution of juveniles as adults by the
20 direct filing of an information in the criminal division of
21 the circuit court; discretionary criteria; mandatory
22 criteria.--
23 (1) DISCRETIONARY DIRECT FILE; CRITERIA.--
24 (a) With respect to any child who was 14 or 15 years
25 of age at the time the alleged offense was committed, the
26 state attorney may file an information when in the state
27 attorney's judgment and discretion the public interest
28 requires that adult sanctions be considered or imposed and
29 when the offense charged is:
30 1. Arson;
31 2. Sexual battery;
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Florida House of Representatives - 1999 HB 1769
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1 3. Robbery;
2 4. Kidnapping;
3 5. Aggravated child abuse;
4 6. Aggravated assault;
5 7. Aggravated stalking;
6 8. Murder;
7 9. Manslaughter;
8 10. Unlawful throwing, placing, or discharging of a
9 destructive device or bomb;
10 11. Armed burglary in violation of s. 810.02(2)(b) or
11 specified burglary of a dwelling or structure in violation of
12 s. 810.02(2)(c);
13 12. Aggravated battery;
14 13. Lewd or lascivious assault or act in the presence
15 of a child;
16 14. Carrying, displaying, using, threatening, or
17 attempting to use a weapon or firearm during the commission of
18 a felony; or
19 15. Grand theft in violation of s. 812.014(2)(a); or
20 16. Grand theft of a motor vehicle in violation of s.
21 812.014(2)(c)6. or grand theft of a motor vehicle valued at
22 $20,000 or more in violation of s. 812.014(2)(b) if the child
23 has a previous adjudication for grand theft of a motor vehicle
24 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
25 Section 2. For the purpose of incorporating the
26 amendment made by this act to section 985.227, Florida
27 Statutes, in a reference thereto, paragraph (e) of subsection
28 (4) of section 985.21, Florida Statutes, is reenacted to read:
29 985.21 Intake and case management.--
30 (4) The intake counselor or case manager shall make a
31 preliminary determination as to whether the report, affidavit,
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Florida House of Representatives - 1999 HB 1769
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1 or complaint is complete, consulting with the state attorney
2 as may be necessary. In any case where the intake counselor or
3 case manager or the state attorney finds that the report,
4 affidavit, or complaint is insufficient by the standards for a
5 probable cause affidavit, the intake counselor or case manager
6 or state attorney shall return the report, affidavit, or
7 complaint, without delay, to the person or agency originating
8 the report, affidavit, or complaint or having knowledge of the
9 facts or to the appropriate law enforcement agency having
10 investigative jurisdiction of the offense, and shall request,
11 and the person or agency shall promptly furnish, additional
12 information in order to comply with the standards for a
13 probable cause affidavit.
14 (e) The state attorney may in all cases take action
15 independent of the action or lack of action of the intake
16 counselor or case manager, and shall determine the action
17 which is in the best interest of the public and the child. If
18 the child meets the criteria requiring prosecution as an adult
19 pursuant to s. 985.226, the state attorney shall request the
20 court to transfer and certify the child for prosecution as an
21 adult or shall provide written reasons to the court for not
22 making such request. In all other cases, the state attorney
23 may:
24 1. File a petition for dependency;
25 2. File a petition pursuant to chapter 984;
26 3. File a petition for delinquency;
27 4. File a petition for delinquency with a motion to
28 transfer and certify the child for prosecution as an adult;
29 5. File an information pursuant to s. 985.227;
30 6. Refer the case to a grand jury;
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Florida House of Representatives - 1999 HB 1769
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1 7. Refer the child to a diversionary, pretrial
2 intervention, arbitration, or mediation program, or to some
3 other treatment or care program if such program commitment is
4 voluntarily accepted by the child or the child's parents or
5 legal guardians; or
6 8. Decline to file.
7 Section 3. This act shall take effect July 1, 1999.
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10 HOUSE SUMMARY
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Authorizes a state attorney to file an information
12 against a juvenile so that the juvenile is prosecuted as
an adult if the juvenile is charged with grand theft in
13 the second degree or third degree of a motor vehicle and
has a prior adjudication for grand theft of a motor
14 vehicle.
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