1 | The Juvenile Justice Committee recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to juvenile proceedings; amending s. |
7 | 985.228, F.S.; providing the time period by which a |
8 | juvenile shall be brought for an adjudicatory hearing; |
9 | repealing Florida Rule of Juvenile Procedure 8.090 to the |
10 | extent it is inconsistent with the act; providing an |
11 | effective date; providing a contingent effective date. |
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13 | Be It Enacted by the Legislature of the State of Florida: |
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15 | Section 1. Subsection (1) of section 985.228, Florida |
16 | Statutes, is amended to read: |
17 | 985.228 Adjudicatory hearings; withheld adjudications; |
18 | orders of adjudication.-- |
19 | (1) If a petition is filed alleging that a child has |
20 | committed a delinquent act or violation of law, the child, in |
21 | accordance with the Florida Rules of Juvenile Procedure, shall |
22 | be brought to an The adjudicatory hearing without demand must be |
23 | held as soon as practicable within 90 days of the earlier of the |
24 | date the child was taken into custody or the date of service of |
25 | the summons issued upon the filing of a petition, except that |
26 | after the petition alleging that a child has committed a |
27 | delinquent act or violation of law is filed and in accordance |
28 | with the Florida Rules of Juvenile Procedure; but reasonable |
29 | delay for the purpose of investigation, discovery, or procuring |
30 | counsel or witnesses shall be granted. If the child is being |
31 | detained, the time limitations provided for in s. 985.215(5)(c) |
32 | and (d) apply. |
33 | Section 2. Rule 8.090, Florida Rules of Juvenile |
34 | Procedure, relating to speedy trial, is repealed to the extent |
35 | that it is inconsistent with this act. |
36 | Section 3. This act shall take effect July 1, 2005, except |
37 | that section 2 of this act shall take effect only if this act is |
38 | passed by a two-thirds vote of the membership of each house of |
39 | the Legislature. |