House Bill 0159

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    Florida House of Representatives - 2000                 HB 159

        By Representative Kyle






  1                      A bill to be entitled

  2         An act relating to juveniles; amending s.

  3         985.03, F.S.; revising a definition; amending

  4         s. 985.227, F.S.; deleting certain direct file

  5         provisions relating to 16-year-old or

  6         17-year-old children; amending s. 985.233,

  7         F.S.; revising disposition and sentencing

  8         provisions to apply to adults under 18 years of

  9         age; repealing s. 985.417, F.S., relating to

10         transfers of children from the Department of

11         Corrections to the Department of Juvenile

12         Justice; providing an effective date.

13

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

15

16         Section 1.  Subsection (7) of section 985.03, Florida

17  Statutes, is amended to read:

18         985.03  Definitions.--When used in this chapter, the

19  term:

20         (3)  "Adult" means any natural person other than a

21  child.

22         (7)  "Child" or "juvenile" or "youth" means any

23  unmarried person under the age of 16 18 who has not been

24  emancipated by order of the court and who has been found or

25  alleged to be dependent, in need of services, or from a family

26  in need of services; or any married or unmarried person who is

27  charged with a violation of law occurring prior to the time

28  that person reached the age of 16 18 years.

29         Section 2.  Subsections (1) and (2) of section 985.227,

30  Florida Statutes, are amended to read:

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  1         985.227  Prosecution of juveniles as adults by the

  2  direct filing of an information in the criminal division of

  3  the circuit court; discretionary criteria; mandatory

  4  criteria.--

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

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

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

  8  state attorney may file an information when in the state

  9  attorney's judgment and discretion the public interest

10  requires that adult sanctions be considered or imposed and

11  when the offense charged is for the commission of, attempt to

12  commit, or conspiracy to commit:

13         (a)1.  Arson;

14         (b)2.  Sexual battery;

15         (c)3.  Robbery;

16         (d)4.  Kidnapping;

17         (e)5.  Aggravated child abuse;

18         (f)6.  Aggravated assault;

19         (g)7.  Aggravated stalking;

20         (h)8.  Murder;

21         (i)9.  Manslaughter;

22         (j)10.  Unlawful throwing, placing, or discharging of a

23  destructive device or bomb;

24         (k)11.  Armed burglary in violation of s. 810.02(2)(b)

25  or specified burglary of a dwelling or structure in violation

26  of s. 810.02(2)(c), or burglary with an assault or battery in

27  violation of s. 810.02(2)(a);

28         (l)12.  Aggravated battery;

29         (m)13.  Any lewd or lascivious offense committed upon

30  or in the presence of a person less than 16 years of age;

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  1         (n)14.  Carrying, displaying, using, threatening, or

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

  3  a felony;

  4         (o)15.  Grand theft in violation of s. 812.014(2)(a);

  5         (p)16.  Possessing or discharging any weapon or firearm

  6  on school property in violation of s. 790.115;

  7         (q)17.  Home invasion robbery;

  8         (r)18.  Carjacking; or

  9         (s)19.  Grand theft of a motor vehicle in violation of

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

11  $20,000 or more in violation of s. 812.014(2)(b) if the child

12  has a previous adjudication for grand theft of a motor vehicle

13  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).

14         (b)  With respect to any child who was 16 or 17 years

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

16  state attorney may file an information when in the state

17  attorney's judgment and discretion the public interest

18  requires that adult sanctions be considered or imposed.

19  However, the state attorney may not file an information on a

20  child charged with a misdemeanor, unless the child has had at

21  least two previous adjudications or adjudications withheld for

22  delinquent acts, one of which involved an offense classified

23  as a felony under state law.

24         (2)  MANDATORY DIRECT FILE.--

25         (a)  With respect to any child who was 16 or 17 years

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

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

28  previously adjudicated delinquent for an act classified as a

29  felony, which adjudication was for the commission of, attempt

30  to commit, or conspiracy to commit murder, sexual battery,

31  armed or strong-armed robbery, carjacking, home-invasion

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  1  robbery, aggravated battery, or aggravated assault, and the

  2  child is currently charged with a second or subsequent violent

  3  crime against a person.

  4         (a)(b)  Notwithstanding subsection (1), regardless of

  5  the child's age at the time the alleged offense was committed,

  6  the state attorney must file an information with respect to

  7  any child who previously has been adjudicated for offenses

  8  which, if committed by an adult, would be felonies and such

  9  adjudications occurred at three or more separate delinquency

10  adjudicatory hearings, and three of which resulted in

11  residential commitments as defined in s. 985.03(47).

12         (b)(c)  The state attorney must file an information if

13  a child, regardless of the child's age at the time the alleged

14  offense was committed, is alleged to have committed an act

15  that would be a violation of law if the child were an adult,

16  that involves stealing a motor vehicle, including, but not

17  limited to, a violation of s. 812.133, relating to carjacking,

18  or s. 812.014(2)(c)6., relating to grand theft of a motor

19  vehicle, and while the child was in possession of the stolen

20  motor vehicle the child caused serious bodily injury to or the

21  death of a person who was not involved in the underlying

22  offense. For purposes of this section, the driver and all

23  willing passengers in the stolen motor vehicle at the time

24  such serious bodily injury or death is inflicted shall also be

25  subject to mandatory transfer to adult court. "Stolen motor

26  vehicle," for the purposes of this section, means a motor

27  vehicle that has been the subject of any criminal wrongful

28  taking. For purposes of this section, "willing passengers"

29  means all willing passengers who have participated in the

30  underlying offense.

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  1         Section 3.  Section 985.233, Florida Statutes, is

  2  amended to read:

  3         985.233  Sentencing powers; procedures; alternatives

  4  for juveniles prosecuted as adults and adults under 18 years

  5  of age.--

  6         (1)  POWERS OF DISPOSITION.--

  7         (a)  A child, or an adult under 18 years of age, who is

  8  found to have committed a violation of law may, as an

  9  alternative to adult dispositions, be committed to the

10  department for treatment in an appropriate program for

11  juveniles children outside the adult correctional system or be

12  placed in a community control program for juveniles.

13         (b)  In determining whether to impose juvenile

14  sanctions instead of adult sanctions, the court shall consider

15  the following criteria:

16         1.  The seriousness of the offense to the community and

17  whether the community would best be protected by juvenile or

18  adult sanctions.

19         2.  Whether the offense was committed in an aggressive,

20  violent, premeditated, or willful manner.

21         3.  Whether the offense was against persons or against

22  property, with greater weight being given to offenses against

23  persons, especially if personal injury resulted.

24         4.  The sophistication and maturity of the offender.

25         5.  The record and previous history of the offender,

26  including:

27         a.  Previous contacts with the Department of

28  Corrections, the Department of Juvenile Justice, the former

29  Department of Health and Rehabilitative Services, the

30  Department of Children and Family Services, law enforcement

31  agencies, and the courts.

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  1         b.  Prior periods of probation or community control.

  2         c.  Prior adjudications that the offender committed a

  3  delinquent act or violation of law as a child.

  4         d.  Prior commitments to the Department of Juvenile

  5  Justice, the former Department of Health and Rehabilitative

  6  Services, the Department of Children and Family Services, or

  7  other facilities or institutions.

  8         6.  The prospects for adequate protection of the public

  9  and the likelihood of deterrence and reasonable rehabilitation

10  of the offender if assigned to services and facilities of the

11  Department of Juvenile Justice.

12         7.  Whether the Department of Juvenile Justice has

13  appropriate programs, facilities, and services immediately

14  available.

15         8.  Whether adult sanctions would provide more

16  appropriate punishment and deterrence to further violations of

17  law than the imposition of juvenile sanctions.

18         (2)  PRESENTENCE INVESTIGATION REPORT.--

19         (a)  Upon a plea of guilty, the court may refer the

20  case to the department for investigation and recommendation as

21  to the suitability of its programs for the offender child.

22         (b)  Upon completion of the presentence investigation

23  report, it must be made available to the offender's child's

24  counsel and the state attorney by the department prior to the

25  sentencing hearing.

26         (3)  SENTENCING HEARING.--

27         (a)  At the sentencing hearing the court shall receive

28  and consider a presentence investigation report by the

29  Department of Corrections regarding the suitability of the

30  offender for disposition as an adult or as a juvenile. The

31  presentence investigation report must include a comments

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  1  section prepared by the Department of Juvenile Justice, with

  2  its recommendations as to disposition. This report requirement

  3  may be waived by the offender.

  4         (b)  After considering the presentence investigation

  5  report, the court shall give all parties present at the

  6  hearing an opportunity to comment on the issue of sentence and

  7  any proposed rehabilitative plan. Parties to the case include

  8  the parent, guardian, or legal custodian of the offender; the

  9  offender's counsel; the state attorney; representatives of the

10  Department of Corrections and the Department of Juvenile

11  Justice; the victim or victim's representative;

12  representatives of the school system; and the law enforcement

13  officers involved in the case.

14         (c)  The court may receive and consider any other

15  relevant and material evidence, including other reports,

16  written or oral, in its effort to determine the action to be

17  taken with regard to the offender child, and may rely upon

18  such evidence to the extent of its probative value even if the

19  evidence would not be competent in an adjudicatory hearing.

20         (d)  The court shall notify any victim of the offense

21  of the hearing and shall notify, or subpoena if appropriate,

22  the parents, guardians, or legal custodians of the offender

23  child to attend the disposition hearing.

24         (4)  SENTENCING ALTERNATIVES.--

25         (a)  Sentencing to adult sanctions.--

26         1.  Cases prosecuted on indictment.--If the juvenile,

27  or an adult under 18 years of age, child is found to have

28  committed the offense punishable by death or life

29  imprisonment, the offender child shall be sentenced as an

30  adult. If the offender juvenile is not found to have committed

31  the indictable offense but is found to have committed a lesser

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  1  included offense or any other offense for which he or she was

  2  indicted as a part of the criminal episode, the court may

  3  sentence as follows:

  4         a.  As an adult pursuant to this section;

  5         b.  Pursuant to chapter 958, notwithstanding any other

  6  provision of that chapter to the contrary; or

  7         c.  As a juvenile pursuant to this section.

  8         2.  Other cases.--If an adult under 18 years of age, or

  9  a juvenile, a child who has been transferred for criminal

10  prosecution pursuant to information or waiver of juvenile

11  court jurisdiction is found to have committed a violation of

12  state law or a lesser included offense for which he or she was

13  charged as a part of the criminal episode, the court may

14  sentence as follows:

15         a.  As an adult pursuant to this section;

16         b.  Pursuant to chapter 958, notwithstanding any other

17  provision of that chapter to the contrary; or

18         c.  As a juvenile pursuant to this section.

19         3.  Any sentence imposing adult sanctions is presumed

20  appropriate, and the court is not required to set forth

21  specific findings or enumerate the criteria in this subsection

22  as any basis for its decision to impose adult sanctions.

23         4.  When a child has been transferred for criminal

24  prosecution as an adult and has been found to have committed a

25  violation of state law, the disposition of the case may

26  include the enforcement of any restitution ordered in any

27  juvenile proceeding.

28         (b)  Sentencing to juvenile sanctions.--In order to use

29  this paragraph, the court shall stay adjudication of guilt and

30  instead shall adjudge the juvenile or adult under 18 years of

31  age child to have committed a delinquent act. Adjudication of

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  1  delinquency shall not be deemed a conviction, nor shall it

  2  operate to impose any of the civil disabilities ordinarily

  3  resulting from a conviction. The court shall impose an adult

  4  sanction or a juvenile sanction and may not sentence the

  5  juvenile, or adult under 18 years of age, child to a

  6  combination of adult and juvenile punishments. An adult

  7  sanction or a juvenile sanction may include enforcement of an

  8  order of restitution or community control previously ordered

  9  in any juvenile proceeding. However, if the court imposes a

10  juvenile sanction and the department determines that the

11  sanction is unsuitable for the juvenile, or adult under 18

12  years of age child, the department shall return custody of the

13  offender child to the sentencing court for further

14  proceedings, including the imposition of adult sanctions. Upon

15  adjudicating a juvenile, or adult under 18 years of age, child

16  delinquent under subsection (1), the court may:

17         1.  Place the delinquent person child in a community

18  control program under the supervision of the department for an

19  indeterminate period of time until the delinquent person child

20  reaches the age of 19 years or sooner if discharged by order

21  of the court.

22         2.  Commit the delinquent person child to the

23  department for treatment in an appropriate program for

24  delinquent persons children for an indeterminate period of

25  time until the delinquent person child is 21 or sooner if

26  discharged by the department.  The department shall notify the

27  court of its intent to discharge no later than 14 days prior

28  to discharge.  Failure of the court to timely respond to the

29  department's notice shall be considered approval for

30  discharge.

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  1         3.  Order disposition pursuant to s. 985.231 as an

  2  alternative to youthful offender or adult sentencing if the

  3  court determines not to impose youthful offender or adult

  4  sanctions.

  5         (c)  Imposition of adult sanctions upon failure of

  6  juvenile sanctions.--If a delinquent person child proves not

  7  to be suitable to a community control program or for a

  8  treatment program under the provisions of subparagraph (b)2.,

  9  the court may revoke the previous adjudication, impose an

10  adjudication of guilt, classify the delinquent person child as

11  a youthful offender when appropriate, and impose any sentence

12  which it may lawfully impose, giving credit for all time spent

13  by the delinquent person child in the department.

14         (d)  Recoupment of cost of care in juvenile justice

15  facilities.--When the court orders commitment of a juvenile,

16  or an adult under 18 years of age, child to the Department of

17  Juvenile Justice for treatment in any of the department's

18  programs for delinquent persons children, the court shall

19  order the natural or adoptive parents of such delinquent

20  person child, the natural father of such delinquent person

21  child born out of wedlock who has acknowledged his paternity

22  in writing before the court, or guardian of such delinquent

23  person's child's estate, if possessed of assets which under

24  law may be disbursed for the care, support, and maintenance of

25  the delinquent person child, to pay fees to the department

26  equal to the actual cost of the care, support, and maintenance

27  of the delinquent person child, unless the court determines

28  that the parent or legal guardian of the delinquent person

29  child is indigent. The court may reduce the fees or waive the

30  fees upon a showing by the parent or guardian of an inability

31  to pay the full cost of the care, support, and maintenance of

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  1  the delinquent person child. In addition, the court may waive

  2  the fees if it finds that the delinquent person's child's

  3  parent or guardian was the victim of the delinquent person's

  4  child's delinquent act or violation of law or if the court

  5  finds that the parent or guardian has made a diligent and good

  6  faith effort to prevent the delinquent person child from

  7  engaging in the delinquent act or violation of law. When the

  8  order affects the guardianship estate, a certified copy of the

  9  order shall be delivered to the judge having jurisdiction of

10  the guardianship estate.

11         (e)  Further proceedings heard in adult court.--When a

12  child or an adult under 18 years of age is sentenced to

13  juvenile sanctions, further proceedings involving those

14  sanctions shall continue to be heard in the adult court.

15         (f)  Definition.--For purposes of this section, "adult

16  under 18 years of age" means a person under 18 years of age at

17  the time an alleged offense was committed.

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19  It is the intent of the Legislature that the criteria and

20  guidelines in this subsection are mandatory and that a

21  determination of disposition under this subsection is subject

22  to the right of the child or adult under 18 years of age to

23  appellate review under s. 985.234.

24         Section 4.  Section 985.417, Florida Statutes, is

25  repealed.

26         Section 5.  This act shall take effect October 1, 2000.

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  2                          HOUSE SUMMARY

  3
      Reduces the age threshold for "child," "juvenile," or
  4    "youth" from 18 years of age to 16 years of age. Conforms
      direct file and disposition and sentencing provisions to
  5    the reduction. See bill for details.

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