Senate Bill sb1044

    Florida Senate - 2005                                  SB 1044

    By Senator Crist





    12-954-05                                           See HB 235

  1                      A bill to be entitled

  2         An act relating to juvenile process and

  3         service; amending s. 985.219, F.S.; providing

  4         for an adjudicatory hearing within a specified

  5         time for a child alleged to have committed a

  6         delinquent act or law violation; amending ss.

  7         985.201 and 985.225, F.S.; conforming

  8         cross-references; providing an effective date.

  9  

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

11  

12         Section 1.  Subsections (8), (9), (10), (11), and (12)

13  of section 985.219, Florida Statutes, are renumbered as

14  subsections (9), (10), (11), (12), and (13), respectively, and

15  a new subsection (8) is added to that section, to read:

16         985.219  Process and service.--

17         (8)  If a petition is filed alleging the child to have

18  committed a delinquent act or violation of law, the child

19  shall be brought to an adjudicatory hearing without demand

20  within 90 days after the earlier of:

21         (a)  The date the child was taken into custody; or

22         (b)  The date of service of the summons issued upon the

23  filing of a petition.

24         Section 2.  Paragraph (b) of subsection (3) of section

25  985.201, Florida Statutes, is amended to read:

26         985.201  Jurisdiction.--

27         (3)

28         (b)  The jurisdiction to be exercised by the court when

29  a child is taken into custody before the filing of a petition

30  under s. 985.219(9)(8) shall be exercised by the circuit court

31  for the county in which the child is taken into custody, which

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






    Florida Senate - 2005                                  SB 1044
    12-954-05                                           See HB 235




 1  court shall have personal jurisdiction of the child and the

 2  child's parent or legal guardian. Upon the filing of a

 3  petition in the appropriate circuit court, the court that is

 4  exercising initial jurisdiction of the person of the child

 5  shall, if the child has been detained, immediately order the

 6  child to be transferred to the detention center or facility or

 7  other placement as ordered by the court having subject matter

 8  jurisdiction of the case.

 9         Section 3.  Subsection (1) of section 985.225, Florida

10  Statutes, is amended to read:

11         985.225  Indictment of a juvenile.--

12         (1)  A child of any age who is charged with a violation

13  of state law punishable by death or by life imprisonment is

14  subject to the jurisdiction of the court as set forth in s.

15  985.219(9)(8) unless and until an indictment on the charge is

16  returned by the grand jury. When such indictment is returned,

17  the petition for delinquency, if any, must be dismissed and

18  the child must be tried and handled in every respect as an

19  adult:

20         (a)  On the offense punishable by death or by life

21  imprisonment; and

22         (b)  On all other felonies or misdemeanors charged in

23  the indictment which are based on the same act or transaction

24  as the offense punishable by death or by life imprisonment or

25  on one or more acts or transactions connected with the offense

26  punishable by death or by life imprisonment.

27         Section 4.  This act shall take effect July 1, 2005.

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