HB 0235

1
A bill to be entitled
2An act relating to juvenile proceedings; amending s.
3985.228, F.S.; providing the time period by which a
4juvenile shall be brought for an adjudicatory hearing;
5repealing Florida Rule of Juvenile Procedure 8.090 to the
6extent it is inconsistent with the act; providing an
7effective date; providing a contingent effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (1) of section 985.228, Florida
12Statutes, is amended to read:
13     985.228  Adjudicatory hearings; withheld adjudications;
14orders of adjudication.--
15     (1)  If a petition is filed alleging that a child has
16committed a delinquent act or violation of law, the child, in
17accordance with the Florida Rules of Juvenile Procedure, shall
18be brought to an The adjudicatory hearing without demand must be
19held as soon as practicable within 90 days of the earlier of the
20date the child was taken into custody or the date of service of
21the summons issued upon the filing of a petition, except that
22after the petition alleging that a child has committed a
23delinquent act or violation of law is filed and in accordance
24with the Florida Rules of Juvenile Procedure; but reasonable
25delay for the purpose of investigation, discovery, or procuring
26counsel or witnesses shall be granted. If the child is being
27detained, the time limitations provided for in s. 985.215(5)(c)
28and (d) apply.
29     Section 2.  Rule 8.090, Florida Rules of Juvenile
30Procedure, relating to speedy trial, is repealed to the extent
31that it is inconsistent with this act.
32     Section 3.  This act shall take effect July 1, 2005, except
33that section 2 of this act shall take effect only if this act is
34passed by a two-thirds vote of the membership of each house of
35the Legislature.


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