Senate Bill 1548er

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    2000 Legislature                        SB 1548, 3rd Engrossed



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  2         An act relating to the prosecution of

  3         juveniles; amending s. 985.227, F.S.; requiring

  4         that the state attorney prosecute a juvenile

  5         between certain ages as an adult if the

  6         juvenile is charged with a specified violent

  7         felony and possessed a firearm or destructive

  8         device during the commission of the felony in

  9         certain circumstances or discharged a firearm

10         or destructive device during the commission of

11         the felony which resulted in death or great

12         bodily harm; providing for a juvenile convicted

13         under the act to be sentenced as an adult in

14         certain circumstances; specifying circumstances

15         in which the provisions of this act do not

16         apply; authorizing the Department of

17         Corrections to spend allocated resources to

18         advertise the penalties provided in this act;

19         providing an effective date.

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

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23         Section 1.  Paragraph (d) is added to subsection (2) of

24  section 985.227, Florida Statutes, to read:

25         985.227  Prosecution of juveniles as adults by the

26  direct filing of an information in the criminal division of

27  the circuit court; discretionary criteria; mandatory

28  criteria.--

29         (2)  MANDATORY DIRECT FILE.--

30         (d)1.  With respect to any child who was 16 or 17 years

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


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CODING: Words stricken are deletions; words underlined are additions.




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    2000 Legislature                        SB 1548, 3rd Engrossed



  1  state attorney shall file an information if the child has been

  2  charged with committing or attempting to commit an offense

  3  listed in s. 775.087(2)(a)1.a.-q., and, during the commission

  4  of or attempt to commit the offense, the child:

  5         a.  Actually possessed a firearm or destructive device,

  6  as those terms are defined in s. 790.001.

  7         b.  Discharged a firearm or destructive device, as

  8  described in s. 775.087(2)(a)2.

  9         c.  Discharged a firearm or destructive device, as

10  described in s. 775.087(2)(a)3., and, as a result of the

11  discharge, death or great bodily harm was inflicted upon any

12  person.

13         2.  Upon transfer, any child who is:

14         a.  Charged pursuant to subparagraph 1.a. and who has

15  been previously adjudicated or had adjudication withheld for a

16  forcible felony offense or any offense involving a firearm, or

17  who has been previously placed in a residential commitment

18  program, shall be subject to sentencing under s.

19  775.087(2)(a), notwithstanding s. 985.233.

20         b.  Charged pursuant to subparagraph 1.b. or

21  subparagraph 1.c., shall be subject to sentencing under s.

22  775.087(2)(a), notwithstanding s. 985.233.

23         3.  Upon transfer, any child who is charged pursuant to

24  this paragraph, but who does not meet the requirements

25  specified in subparagraph 2., shall be sentenced pursuant to

26  s. 985.233; however, if the court imposes a juvenile sanction,

27  the court must commit the child to a high-risk or maximum-risk

28  juvenile facility.

29         4.  This paragraph shall not apply if the state

30  attorney has good cause to believe that exceptional

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    2000 Legislature                        SB 1548, 3rd Engrossed



  1  circumstances exist which preclude the just prosecution of the

  2  child in adult court.

  3         5.  The Department of Corrections shall make every

  4  reasonable effort to ensure that any child 16 or 17 years of

  5  age who is convicted and sentenced under this paragraph be

  6  completely separated such that there is no physical contact

  7  with adult offenders in the facility, to the extent that it is

  8  consistent with chapter 958.

  9         Section 2.  The Department of Corrections may spend up

10  to $300,000 from resources available from the department's

11  appropriation for the 1999-2000 fiscal year to provide

12  statewide public service announcements to advertise the

13  penalties provided in section 985.227(2)(d), Florida Statutes.

14         Section 3.  This act shall take effect October 1, 2000.

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