| 1 | A bill to be entitled |
| 2 | An act relating to juvenile process and service; amending |
| 3 | s. 985.219, F.S.; providing for an adjudicatory hearing |
| 4 | within a specified time for a child alleged to have |
| 5 | committed a delinquent act or law violation; amending ss. |
| 6 | 985.201 and 985.225, F.S.; conforming cross references; |
| 7 | providing an effective date. |
| 8 |
|
| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
|
| 11 | Section 1. Subsections (8), (9), (10), (11), and (12) of |
| 12 | section 985.219, Florida Statutes, are renumbered as subsections |
| 13 | (9), (10), (11), (12), and (13), respectively, and a new |
| 14 | subsection (8) is added to said section, to read: |
| 15 | 985.219 Process and service.-- |
| 16 | (8) If a petition is filed alleging the child to have |
| 17 | committed a delinquent act or violation of law, the child shall |
| 18 | be brought to an adjudicatory hearing without demand within 90 |
| 19 | days after the earlier of: |
| 20 | (a) The date the child was taken into custody; or |
| 21 | (b) The date of service of the summons issued upon the |
| 22 | filing of a petition. |
| 23 | Section 2. Paragraph (b) of subsection (3) of section |
| 24 | 985.201, Florida Statutes, is amended to read: |
| 25 | 985.201 Jurisdiction.-- |
| 26 | (3) |
| 27 | (b) The jurisdiction to be exercised by the court when a |
| 28 | child is taken into custody before the filing of a petition |
| 29 | under s. 985.219(9)(8) shall be exercised by the circuit court |
| 30 | for the county in which the child is taken into custody, which |
| 31 | court shall have personal jurisdiction of the child and the |
| 32 | child's parent or legal guardian. Upon the filing of a petition |
| 33 | in the appropriate circuit court, the court that is exercising |
| 34 | initial jurisdiction of the person of the child shall, if the |
| 35 | child has been detained, immediately order the child to be |
| 36 | transferred to the detention center or facility or other |
| 37 | placement as ordered by the court having subject matter |
| 38 | jurisdiction of the case. |
| 39 | Section 3. Subsection (1) of section 985.225, Florida |
| 40 | Statutes, is amended to read: |
| 41 | 985.225 Indictment of a juvenile.-- |
| 42 | (1) A child of any age who is charged with a violation of |
| 43 | state law punishable by death or by life imprisonment is subject |
| 44 | to the jurisdiction of the court as set forth in s. |
| 45 | 985.219(9)(8) unless and until an indictment on the charge is |
| 46 | returned by the grand jury. When such indictment is returned, |
| 47 | the petition for delinquency, if any, must be dismissed and the |
| 48 | child must be tried and handled in every respect as an adult: |
| 49 | (a) On the offense punishable by death or by life |
| 50 | imprisonment; and |
| 51 | (b) On all other felonies or misdemeanors charged in the |
| 52 | indictment which are based on the same act or transaction as the |
| 53 | offense punishable by death or by life imprisonment or on one or |
| 54 | more acts or transactions connected with the offense punishable |
| 55 | by death or by life imprisonment. |
| 56 | Section 4. This act shall take effect July 1, 2005. |