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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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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