| 1 | The Juvenile Justice Committee recommends the following: |
| 2 |
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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. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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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| 34 | Procedure, relating to speedy trial, is repealed to the extent |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. |