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30 | Procedure, relating to speedy trial, is repealed to the extent |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