Florida Senate - 2015                             CS for SB 1082
       
       
        
       By the Committee on Criminal Justice; and Senators Altman, Soto,
       and Gibson
       
       
       
       
       591-02779-15                                          20151082c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.265, F.S.; deleting provisions requiring the court
    4         to order the delivery of a child to a jail or other
    5         facility intended or used to detain adults; amending
    6         s. 985.557, F.S.; revising the circumstances under
    7         which the state attorney is authorized to file an
    8         information when a child of a certain age range
    9         commits or attempts to commit specified crimes;
   10         deleting a requirement that a state attorney file an
   11         information under certain circumstances; revising the
   12         effects of the direct filing of a child; prohibiting
   13         the transfer of a child under certain circumstances
   14         based on the child’s competency; requiring the court
   15         to consider certain factors after a written request is
   16         made for a hearing; authorizing the court, based on
   17         these factors, to waive the case back to juvenile
   18         court; requiring the Department of Juvenile Justice to
   19         collect specified data under certain circumstances;
   20         requiring the department to provide an annual report
   21         to the Legislature; amending s. 985.56, F.S.; revising
   22         the age of a child who is subject to the jurisdiction
   23         of a court for certain crimes; prohibiting the
   24         transfer of a child under certain circumstances based
   25         on the child’s competency; removing provisions
   26         regarding sentencing of a child; authorizing, rather
   27         than requiring, a court to transfer a child indicted
   28         under certain circumstances; amending s. 985.565,
   29         F.S.; revising the criteria in determining whether to
   30         impose juvenile or adult sanctions; requiring the
   31         adult court to render an order including specific
   32         findings of fact and the reasons for its decision;
   33         providing that the order is reviewable on appeal;
   34         requiring the court to consider any reports that may
   35         assist it; providing for the examination of the
   36         reports; revising how a child may be sanctioned under
   37         certain circumstances; removing a provision which
   38         requires a court to impose adult sanctions under
   39         certain circumstances; requiring the court to explain
   40         the basis for imposing adult sanctions; revising when
   41         juvenile sanctions may be imposed; amending s.
   42         985.556, F.S.; conforming a cross-reference;
   43         reenacting s. 985.04(2), F.S., relating to oaths,
   44         records, and confidential information, to incorporate
   45         the amendments made to ss. 985.557, 985.56, and
   46         985.565, F.S., in a reference thereto; reenacting ss.
   47         985.15(1), 985.265(5), and 985.556(3), F.S., relating
   48         to filing decisions; detention transfer and release,
   49         education, and adult jails; and waiver of juvenile
   50         court jurisdiction and hearings, respectively, to
   51         incorporate the amendment made to s. 985.557, F.S., in
   52         references thereto; reenacting ss. 985.514(3) and
   53         985.556(5)(a), F.S., relating to responsibility for
   54         cost of care and fees, and waiver of juvenile court
   55         jurisdiction and hearings, respectively, to
   56         incorporate the amendment made to s. 985.565, F.S., in
   57         references thereto; providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Section 985.265, Florida Statutes, is amended to
   62  read:
   63         985.265 Detention transfer and release; education; adult
   64  jails.—
   65         (1) If a child is detained under this part, the department
   66  may transfer the child from nonsecure detention care to secure
   67  detention care only if significantly changed circumstances
   68  warrant such transfer.
   69         (2) If a child is on release status and not detained under
   70  this part, the child may be placed into secure or nonsecure
   71  detention care only pursuant to a court hearing in which the
   72  original risk assessment instrument and the newly discovered
   73  evidence or changed circumstances are introduced into evidence
   74  with a rescored risk assessment instrument.
   75         (3)(a) When a juvenile sexual offender is placed in
   76  detention, detention staff shall provide appropriate monitoring
   77  and supervision to ensure the safety of other children in the
   78  facility.
   79         (b) When a juvenile is released from secure detention or
   80  transferred to nonsecure detention, detention staff shall
   81  immediately notify the appropriate law enforcement agency,
   82  school personnel, and victim if the juvenile is charged with
   83  committing any of the following offenses or attempting to commit
   84  any of the following offenses:
   85         1. Murder, under s. 782.04;
   86         2. Sexual battery, under chapter 794;
   87         3. Stalking, under s. 784.048; or
   88         4. Domestic violence, as defined in s. 741.28.
   89         (4)(a) While a child who is currently enrolled in school is
   90  in nonsecure detention care, the child shall continue to attend
   91  school unless otherwise ordered by the court.
   92         (b) While a child is in secure detention care, the child
   93  shall receive education commensurate with his or her grade level
   94  and educational ability.
   95         (5) The court shall order the delivery of a child to a jail
   96  or other facility intended or used for the detention of adults:
   97         (a) When the child has been transferred or indicted for
   98  criminal prosecution as an adult under part X, except that the
   99  court may not order or allow a child alleged to have committed a
  100  misdemeanor who is being transferred for criminal prosecution
  101  pursuant to either s. 985.556 or s. 985.557 to be detained or
  102  held in a jail or other facility intended or used for the
  103  detention of adults; however, such child may be held temporarily
  104  in a detention facility; or
  105         (b) When a child taken into custody in this state is wanted
  106  by another jurisdiction for prosecution as an adult.
  107  
  108  The child shall be housed separately from adult inmates to
  109  prohibit a child from having regular contact with incarcerated
  110  adults, including trusties. “Regular contact” means sight and
  111  sound contact. Separation of children from adults shall permit
  112  no more than haphazard or accidental contact. The receiving jail
  113  or other facility shall contain a separate section for children
  114  and shall have an adequate staff to supervise and monitor the
  115  child’s activities at all times. Supervision and monitoring of
  116  children includes physical observation and documented checks by
  117  jail or receiving facility supervisory personnel at intervals
  118  not to exceed 10 minutes. This subsection does not prohibit
  119  placing two or more children in the same cell. Under no
  120  circumstances shall a child be placed in the same cell with an
  121  adult.
  122         Section 2. Section 985.557, Florida Statutes, is amended to
  123  read:
  124         (Substantial rewording of section. See
  125         s. 985.557, F.S., for present text.)
  126         985.557 Direct filing of an information.—
  127         (1) DIRECT FILE.—
  128         (a)With respect to a child who was 16 years of age or
  129  older or less than 18 years of age at the time the alleged
  130  offense was committed, the state attorney may file an
  131  information if, in the state attorney’s judgment and discretion,
  132  the public interest requires that adult sanctions be considered
  133  and the offense charged is for the commission of or attempt to
  134  commit:
  135         1.Murder;
  136         2.Manslaughter;
  137         3.Sexual battery as defined in s. 794.011(3);
  138         4.Armed robbery;
  139         5.Aggravated assault with a firearm;
  140         6.Aggravated child abuse;
  141         7.Arson in violation of S. 806.031;
  142         8.Kidnapping;
  143         9.Unlawful throwing, placing, or discharging of a
  144  destructive device or bomb;
  145         10.Aggravated battery resulting in great bodily harm,
  146  permanent disability, or permanent disfigurement;
  147         11. Carrying, displaying, using, or threatening or
  148  attempting to use a weapon or firearm in furtherance of the
  149  commission of a felony, if the use or threatened use does not
  150  include the mere acquisition of a deadly weapon or firearm
  151  during the felony;
  152         12.Possessing or discharging a firearm on school property
  153  in violation of s. 790.115;
  154         13. Home invasion robbery;
  155         14. Aggravated stalking;
  156         15. Carjacking;
  157         16. Aggravated animal cruelty by intentional acts; or
  158         17. DUI resulting in fatality, great bodily harm, permanent
  159  disability, or permanent disfigurement to a person.
  160         (b)With respect to a child who was 14 or 15 years of age
  161  at the time the alleged offense was committed, the state
  162  attorney may file an information if, in the state attorney’s
  163  judgment and discretion, the public interest requires that adult
  164  sanctions be considered and the offense charged is for the
  165  commission of or attempt to commit:
  166         1.Murder;
  167         2.Manslaughter; or
  168         3.Sexual battery in violation of S. 794.011(3).
  169         (2) EFFECT OF DIRECT FILE.—
  170         (a) When a child is transferred for criminal prosecution as
  171  an adult, the court may transfer and certify to the adult
  172  circuit court for prosecution of the child as an adult all
  173  related felony cases pertaining to the child which have not yet
  174  resulted in a plea of guilty or nolo contendere or in which a
  175  finding of guilt has not been made. If the child is acquitted of
  176  all charged offenses or lesser included offenses contained in
  177  the original case transferred to adult court, any felony cases
  178  that were transferred to adult court under this subsection are
  179  subject to the same penalties they were subject to before their
  180  transfer.
  181         (b) Once a child has been convicted and sentenced to adult
  182  sanctions pursuant to this section, he or she shall be handled
  183  as an adult for any subsequent violation of state law, unless
  184  the court imposes juvenile sanctions under s. 985.565.
  185         (3)TRANSFER PROHIBITION.—Notwithstanding any other law, a
  186  child who is eligible for direct file and who is pending a
  187  competency hearing in juvenile court or has previously been
  188  found to be incompetent and has not been restored to competency
  189  by a court may not be transferred to adult court for criminal
  190  prosecution.
  191         (4)REVERSE WAIVER.—A child who is transferred to adult
  192  court pursuant to this section may request, in writing, a
  193  hearing to determine whether he or she shall remain in adult
  194  court. The adult court, in determining whether public safety
  195  would be best served by retaining jurisdiction, shall consider
  196  the seriousness of the offense, the extent of the child’s
  197  alleged participation or role in the offense, the sophistication
  198  and maturity of the child, and any prior offenses the child has
  199  committed. The adult court may, based on these considerations,
  200  waive the case back to juvenile court.
  201         (5)DATA COLLECTION RELATING TO DIRECT FILE.—
  202         (a)The department shall collect data regarding children
  203  who qualify for direct file under subsection (1), including, but
  204  not limited to:
  205         1.Age;
  206         2.Race and ethnicity;
  207         3.Gender;
  208         4.Circuit and county of residence;
  209         5.Circuit and county of offense;
  210         6.Prior adjudicated offenses;
  211         7. Prior periods of probation;
  212         8.Previous contacts with law enforcement agencies or the
  213  courts;
  214         9.Initial charges;
  215         10.Charges at disposition;
  216         11.Whether adult codefendants were involved;
  217         12.Whether child codefendants were involved who were
  218  transferred to adult court;
  219         13.Whether the child was represented by counsel;
  220         14.Whether the child has waived counsel;
  221         15.Risk assessment instrument score;
  222         16.The child’s medical, mental health, substance abuse, or
  223  trauma history;
  224         17.The child’s history of physical or mental impairment or
  225  disability-related accommodations;
  226         18.The child’s history of abuse or neglect;
  227         19.The child’s history of foster care placements,
  228  including the number of prior placements;
  229         20.Whether the child has fetal alcohol syndrome or was
  230  exposed to controlled substances at birth;
  231         21.Whether the child has below-average intellectual
  232  functioning or is eligible for exceptional student education
  233  services;
  234         22.Whether the child has received mental health services
  235  or treatment;
  236         23.Whether the child has been the subject of a CINS/FINS
  237  or dependency petition;
  238         24.Plea offers made by the state and the outcome of any
  239  plea offers;
  240         25.Whether the child was transferred for criminal
  241  prosecution as an adult;
  242         26.The case resolution in juvenile court; or
  243         27.The case resolution in adult court.
  244         (b)When a child is transferred for criminal prosecution as
  245  an adult, the department shall also collect disposition data,
  246  including, but not limited to, whether the child received adult
  247  sanctions, juvenile sanctions, or diversion, and, if sentenced
  248  to prison, length of prison sentence or enhanced sentence.
  249         (c)The department shall annually provide a report
  250  analyzing this aggregated data to the President of the Senate
  251  and the Speaker of the House of Representatives.
  252         Section 3. Section 985.56, Florida Statutes, is amended to
  253  read:
  254         985.56 Indictment of a juvenile.—
  255         (1) A child 14 years of age or older of any age who is
  256  charged with a violation of state law punishable by death or by
  257  life imprisonment is subject to the jurisdiction of the court as
  258  set forth in s. 985.0301(2) unless and until an indictment on
  259  the charge is returned by the grand jury. When such indictment
  260  is returned, the petition for delinquency, if any, must be
  261  dismissed and the child must be tried and handled in every
  262  respect as an adult:
  263         (a) On the indicting offense punishable by death or by life
  264  imprisonment; and
  265         (b) On all other felonies or misdemeanors charged in the
  266  indictment which are based on the same act or transaction as the
  267  indicting offense punishable by death or by life imprisonment or
  268  on one or more acts or transactions connected with the offense
  269  punishable by death or by life imprisonment.
  270         (2) An adjudicatory hearing may not be held until 21 days
  271  after the child is taken into custody and charged with having
  272  committed an indictable offense punishable by death or by life
  273  imprisonment, unless the state attorney advises the court in
  274  writing that he or she does not intend to present the case to
  275  the grand jury, or has presented the case to the grand jury and
  276  the grand jury has not returned an indictment. If the court
  277  receives such a notice from the state attorney, or if the grand
  278  jury fails to act within the 21-day period, the court may
  279  proceed as otherwise authorized under this part.
  280         (3) Notwithstanding any other law, a child who is eligible
  281  for indictment and who is pending a competency hearing in
  282  juvenile court or has been previously found to be incompetent
  283  and has not been restored to competency by a court may not be
  284  transferred to adult court for criminal prosecution If the child
  285  is found to have committed the offense punishable by death or by
  286  life imprisonment, the child shall be sentenced as an adult. If
  287  the juvenile is not found to have committed the indictable
  288  offense but is found to have committed a lesser included offense
  289  or any other offense for which he or she was indicted as a part
  290  of the criminal episode, the court may sentence under s.
  291  985.565.
  292         (4)(a) Once a child has been indicted pursuant to this
  293  section and has been found to have committed any offense for
  294  which he or she was indicted as a part of the criminal episode,
  295  the child shall be handled thereafter in every respect as if an
  296  adult for any subsequent violation of state law, unless the
  297  court imposes juvenile sanctions under s. 985.565.
  298         (b) When a child has been indicted pursuant to this
  299  section, the court may shall immediately transfer and certify to
  300  the adult circuit court all related felony cases pertaining to
  301  the child, for prosecution of the child as an adult, which have
  302  not yet resulted in a plea of guilty or nolo contendere or in
  303  which a finding of guilt has not been made. If the child is
  304  acquitted of all charged offenses or lesser included offenses
  305  contained in the indictment case, any all felony cases that were
  306  transferred to adult court pursuant to this paragraph shall be
  307  subject to the same penalties such cases were subject to before
  308  being transferred to adult court.
  309         Section 4. Subsection (1), paragraph (c) of subsection (3),
  310  and subsection (4) of section 985.565, Florida Statutes, are
  311  amended to read:
  312         985.565 Sentencing powers; procedures; alternatives for
  313  juveniles prosecuted as adults.—
  314         (1) POWERS OF DISPOSITION.—
  315         (a) A child who is found to have committed a violation of
  316  law may, as an alternative to adult dispositions, be committed
  317  to the department for treatment in an appropriate program for
  318  children outside the adult correctional system or be placed on
  319  juvenile probation.
  320         (b) In determining whether to impose juvenile or sanctions
  321  instead of adult sanctions, the court shall consider the
  322  following criteria:
  323         1. The seriousness of the offense to the community and
  324  whether the protection of the community would be best served be
  325  protected by juvenile or adult sanctions.
  326         2.The extent of the child’s participation in the offense.
  327         3.The effect, if any, of familial or peer pressure on the
  328  child’s actions.
  329         4.2. Whether the offense was committed in an aggressive,
  330  violent, premeditated, or willful manner.
  331         5.3. Whether the offense was against persons or against
  332  property, with greater weight being given to offenses against
  333  persons, especially if personal injury resulted.
  334         6.4. The sophistication and maturity of the child,
  335  including: offender
  336         a.The child’s age, maturity, intellectual capacity, and
  337  mental and emotional health at the time of the offense.
  338         b.The child’s background, including his or her family,
  339  home, and community environment.
  340         c.The effect, if any, of immaturity, impetuosity, or
  341  failure to appreciate the risks and consequences on the child’s
  342  participation in the offense.
  343         d.The effect, if any, of characteristics attributable to
  344  the child’s age on the child’s judgment.
  345         7.5. The record and previous history of the child offender,
  346  including:
  347         a. Previous contacts with the Department of Corrections,
  348  the Department of Juvenile Justice, the former Department of
  349  Health and Rehabilitative Services, the Department of Children
  350  and Families, law enforcement agencies, and the courts and the
  351  adequacy and appropriateness of the services provided to address
  352  the child’s needs.
  353         b. Prior periods of probation.
  354         c. Prior adjudications that the offender committed a
  355  delinquent act or violation of law as a child.
  356         d. Prior commitments to the Department of Juvenile Justice,
  357  the former Department of Health and Rehabilitative Services, the
  358  Department of Children and Families, or other facilities or
  359  institutions and the adequacy and appropriateness of the
  360  services provided to address the child’s needs.
  361         e.Previous contacts with law enforcement agencies and the
  362  courts.
  363         f.History of abuse, abandonment or neglect, foster care
  364  placements, failed adoption, fetal alcohol syndrome, exposure to
  365  controlled substances at birth, and below-average intellectual
  366  functioning.
  367         g.Identification of the child as having a disability or
  368  having previously received mental health services or treatment.
  369         8.6. The prospects for adequate protection of the public
  370  and the likelihood of deterrence and reasonable rehabilitation
  371  of the offender if assigned to services and facilities of the
  372  Department of Juvenile Justice.
  373         9.7. Whether the Department of Juvenile Justice has
  374  appropriate programs, facilities, and services immediately
  375  available.
  376         8. Whether adult sanctions would provide more appropriate
  377  punishment and deterrence to further violations of law than the
  378  imposition of juvenile sanctions.
  379         10.Whether the Department of Corrections has appropriate
  380  programs, facilities, and services immediately available.
  381         (c)The adult court shall render an order including
  382  specific findings of fact and the reasons for its decision. The
  383  order shall be reviewable on appeal under s. 985.534 and the
  384  Florida Rules of Appellate Procedure.
  385         (3) SENTENCING HEARING.—
  386         (c) The court may receive and consider any other relevant
  387  and material evidence, including other reports, written or oral,
  388  in its effort to determine the action to be taken with regard to
  389  the child, and may rely upon such evidence to the extent of its
  390  probative value even if the evidence would not be competent in
  391  an adjudicatory hearing. The court shall consider any reports
  392  that may assist it, including prior predisposition reports,
  393  psycho-social assessments, individualized educational programs,
  394  developmental assessments, school records, abuse or neglect
  395  reports, home studies, protective investigations, and
  396  psychological and psychiatric evaluations. The child, the
  397  child’s defense counsel, and the state attorney, have the right
  398  to examine these reports and to question the parties responsible
  399  for them at the hearing.
  400         (4) SENTENCING ALTERNATIVES.—
  401         (a) Adult Sanctions.—
  402         1. Cases prosecuted on indictment.—If the child is found to
  403  have committed the offense punishable by death or life
  404  imprisonment, the child shall be sentenced as an adult. If the
  405  juvenile is not found to have committed the indictable offense
  406  but is found to have committed a lesser included offense or any
  407  other offense for which he or she was indicted as a part of the
  408  criminal episode, the court may sentence as follows:
  409         a. As an adult;
  410         b. Under chapter 958; or
  411         c. As a juvenile under this section.
  412         2. Other cases.—If a child who has been transferred for
  413  criminal prosecution pursuant to information or waiver of
  414  juvenile court jurisdiction is found to have committed a
  415  violation of state law or a lesser included offense for which he
  416  or she was charged as a part of the criminal episode, the court
  417  may sentence as follows:
  418         1.a. As an adult;
  419         2.b.As a youthful offender under chapter 958; or
  420         3.c. As a juvenile under this section.
  421         3. Notwithstanding any other provision to the contrary, if
  422  the state attorney is required to file a motion to transfer and
  423  certify the juvenile for prosecution as an adult under s.
  424  985.556(3) and that motion is granted, or if the state attorney
  425  is required to file an information under s. 985.557(2)(a) or
  426  (b), the court must impose adult sanctions.
  427         (b)4.Findings.—The court must Any sentence imposing adult
  428  sanctions is presumed appropriate, and the court is not required
  429  to set forth specific findings or enumerate the criteria in this
  430  subsection as any basis for its decision to impose adult
  431  sanctions.
  432         (c)5.Restitution.When a child has been transferred for
  433  criminal prosecution as an adult and has been found to have
  434  committed a violation of state law, the disposition of the case
  435  may include the enforcement of any restitution ordered in any
  436  juvenile proceeding.
  437         (d)(b)Juvenile sanctions.If a juvenile sentence is For
  438  juveniles transferred to adult court but who do not qualify for
  439  such transfer under s. 985.556(3) or s. 985.557(2)(a) or (b),
  440  the court may impose juvenile sanctions under this paragraph. If
  441  juvenile sentences are imposed, the court shall, under this
  442  paragraph, adjudge the child to have committed a delinquent act.
  443  Adjudication of delinquency shall not be deemed a conviction,
  444  nor shall it operate to impose any of the civil disabilities
  445  ordinarily resulting from a conviction. The court shall impose
  446  an adult sanction or a juvenile sanction and may not sentence
  447  the child to a combination of adult and juvenile punishments. An
  448  adult sanction or a juvenile sanction may include enforcement of
  449  an order of restitution or probation previously ordered in any
  450  juvenile proceeding. However, if the court imposes a juvenile
  451  sanction and the department determines that the sanction is
  452  unsuitable for the child, the department shall return custody of
  453  the child to the sentencing court for further proceedings,
  454  including the imposition of adult sanctions. Upon adjudicating a
  455  child delinquent under subsection (1), the court may:
  456         1. Place the child in a probation program under the
  457  supervision of the department for an indeterminate period of
  458  time until the child reaches the age of 19 years or sooner if
  459  discharged by order of the court.
  460         2. Commit the child to the department for treatment in an
  461  appropriate program for children for an indeterminate period of
  462  time until the child is 21 or sooner if discharged by the
  463  department. The department shall notify the court of its intent
  464  to discharge no later than 14 days prior to discharge. Failure
  465  of the court to timely respond to the department’s notice shall
  466  be considered approval for discharge.
  467         3. Order disposition under ss. 985.435, 985.437, 985.439,
  468  985.441, 985.45, and 985.455 as an alternative to youthful
  469  offender or adult sentencing if the court determines not to
  470  impose youthful offender or adult sanctions.
  471         (e)(c)Adult sanctions upon failure of juvenile sanctions.
  472  If a child proves not to be suitable to a commitment program,
  473  juvenile probation program, or treatment program under paragraph
  474  (d)(b), the department shall provide the sentencing court with a
  475  written report outlining the basis for its objections to the
  476  juvenile sanction and shall simultaneously provide a copy of the
  477  report to the state attorney and the defense counsel. The
  478  department shall schedule a hearing within 30 days. Upon
  479  hearing, the court may revoke the previous adjudication, impose
  480  an adjudication of guilt, and impose any sentence which it may
  481  lawfully impose, giving credit for all time spent by the child
  482  in the department. The court may also classify the child as a
  483  youthful offender under s. 958.04, if appropriate. For purposes
  484  of this paragraph, a child may be found not suitable to a
  485  commitment program, community control program, or treatment
  486  program under paragraph (d)(b) if the child commits a new
  487  violation of law while under juvenile sanctions, if the child
  488  commits any other violation of the conditions of juvenile
  489  sanctions, or if the child’s actions are otherwise determined by
  490  the court to demonstrate a failure of juvenile sanctions.
  491         (f)(d)Further proceedings heard in adult court.—When a
  492  child is sentenced to juvenile sanctions, further proceedings
  493  involving those sanctions shall continue to be heard in the
  494  adult court.
  495         (g)(e)School attendance.—If the child is attending or is
  496  eligible to attend public school and the court finds that the
  497  victim or a sibling of the victim in the case is attending or
  498  may attend the same school as the child, the court placement
  499  order shall include a finding pursuant to the proceeding
  500  described in s. 985.455(2), regardless of whether adjudication
  501  is withheld.
  502  
  503  It is the intent of the Legislature that the criteria and
  504  guidelines in this subsection are mandatory and that a
  505  determination of disposition under this subsection is subject to
  506  the right of the child to appellate review under s. 985.534.
  507         Section 5. Subsection (1) of section 985.556, Florida
  508  Statutes, is amended to read:
  509         985.556 Waiver of juvenile court jurisdiction; hearing.—
  510         (1) VOLUNTARY WAIVER.—The court shall transfer and certify
  511  a child’s criminal case for trial as an adult if the child is
  512  alleged to have committed a violation of law and, prior to the
  513  commencement of an adjudicatory hearing, the child, joined by a
  514  parent or, in the absence of a parent, by the guardian or
  515  guardian ad litem, demands in writing to be tried as an adult.
  516  Once a child has been transferred for criminal prosecution
  517  pursuant to a voluntary waiver hearing and has been found to
  518  have committed the presenting offense or a lesser included
  519  offense, the child shall be handled thereafter in every respect
  520  as an adult for any subsequent violation of state law, unless
  521  the court imposes juvenile sanctions under s. 985.565(4)(d) s.
  522  985.565(4)(b).
  523         Section 6. For the purpose of incorporating the amendment
  524  made by this act to sections 985.557, 985.56, and 985.565,
  525  Florida Statutes, in a reference thereto, subsection (2) of
  526  section 985.04, Florida Statutes, is reenacted to read:
  527         985.04 Oaths; records; confidential information.—
  528         (2) Notwithstanding any other provisions of this chapter,
  529  the name, photograph, address, and crime or arrest report of a
  530  child:
  531         (a) Taken into custody if the child has been taken into
  532  custody by a law enforcement officer for a violation of law
  533  which, if committed by an adult, would be a felony;
  534         (b) Found by a court to have committed three or more
  535  violations of law which, if committed by an adult, would be
  536  misdemeanors;
  537         (c) Transferred to the adult system under s. 985.557,
  538  indicted under s. 985.56, or waived under s. 985.556;
  539         (d) Taken into custody by a law enforcement officer for a
  540  violation of law subject to s. 985.557(2)(b) or (d); or
  541         (e) Transferred to the adult system but sentenced to the
  542  juvenile system under s. 985.565
  543  
  544  shall not be considered confidential and exempt from s.
  545  119.07(1) solely because of the child’s age.
  546         Section 7. For the purpose of incorporating the amendment
  547  made by this act to section 985.557, Florida Statutes, in a
  548  reference thereto, subsection (1) of section 985.15, Florida
  549  Statutes, is reenacted to read:
  550         985.15 Filing decisions.—
  551         (1) The state attorney may in all cases take action
  552  independent of the action or lack of action of the juvenile
  553  probation officer and shall determine the action that is in the
  554  best interest of the public and the child. If the child meets
  555  the criteria requiring prosecution as an adult under s. 985.556,
  556  the state attorney shall request the court to transfer and
  557  certify the child for prosecution as an adult or shall provide
  558  written reasons to the court for not making such a request. In
  559  all other cases, the state attorney may:
  560         (a) File a petition for dependency;
  561         (b) File a petition under chapter 984;
  562         (c) File a petition for delinquency;
  563         (d) File a petition for delinquency with a motion to
  564  transfer and certify the child for prosecution as an adult;
  565         (e) File an information under s. 985.557;
  566         (f) Refer the case to a grand jury;
  567         (g) Refer the child to a diversionary, pretrial
  568  intervention, arbitration, or mediation program, or to some
  569  other treatment or care program if such program commitment is
  570  voluntarily accepted by the child or the child’s parents or
  571  legal guardian; or
  572         (h) Decline to file.
  573         Section 8. For the purpose of incorporating the amendment
  574  made by this act to section 985.557, Florida Statutes, in a
  575  reference thereto, subsection (5) of section 985.265, Florida
  576  Statutes, is reenacted to read:
  577         985.265 Detention transfer and release; education; adult
  578  jails.—
  579         (5) The court shall order the delivery of a child to a jail
  580  or other facility intended or used for the detention of adults:
  581         (a) When the child has been transferred or indicted for
  582  criminal prosecution as an adult under part X, except that the
  583  court may not order or allow a child alleged to have committed a
  584  misdemeanor who is being transferred for criminal prosecution
  585  pursuant to either s. 985.556 or s. 985.557 to be detained or
  586  held in a jail or other facility intended or used for the
  587  detention of adults; however, such child may be held temporarily
  588  in a detention facility; or
  589         (b) When a child taken into custody in this state is wanted
  590  by another jurisdiction for prosecution as an adult.
  591  
  592  The child shall be housed separately from adult inmates to
  593  prohibit a child from having regular contact with incarcerated
  594  adults, including trusties. “Regular contact” means sight and
  595  sound contact. Separation of children from adults shall permit
  596  no more than haphazard or accidental contact. The receiving jail
  597  or other facility shall contain a separate section for children
  598  and shall have an adequate staff to supervise and monitor the
  599  child’s activities at all times. Supervision and monitoring of
  600  children includes physical observation and documented checks by
  601  jail or receiving facility supervisory personnel at intervals
  602  not to exceed 10 minutes. This subsection does not prohibit
  603  placing two or more children in the same cell. Under no
  604  circumstances shall a child be placed in the same cell with an
  605  adult.
  606         Section 9. For the purpose of incorporating the amendment
  607  made by this act to section 985.557, Florida Statutes, in a
  608  reference thereto, subsection (3) of section 985.556, Florida
  609  Statutes, is reenacted to read:
  610         985.556 Waiver of juvenile court jurisdiction; hearing.—
  611         (3) INVOLUNTARY MANDATORY WAIVER.—
  612         (a) If the child was 14 years of age or older, and if the
  613  child has been previously adjudicated delinquent for an act
  614  classified as a felony, which adjudication was for the
  615  commission of, attempt to commit, or conspiracy to commit
  616  murder, sexual battery, armed or strong-armed robbery,
  617  carjacking, home-invasion robbery, aggravated battery,
  618  aggravated assault, or burglary with an assault or battery, and
  619  the child is currently charged with a second or subsequent
  620  violent crime against a person; or
  621         (b) If the child was 14 years of age or older at the time
  622  of commission of a fourth or subsequent alleged felony offense
  623  and the child was previously adjudicated delinquent or had
  624  adjudication withheld for or was found to have committed, or to
  625  have attempted or conspired to commit, three offenses that are
  626  felony offenses if committed by an adult, and one or more of
  627  such felony offenses involved the use or possession of a firearm
  628  or violence against a person;
  629  
  630  the state attorney shall request the court to transfer and
  631  certify the child for prosecution as an adult or shall provide
  632  written reasons to the court for not making such request, or
  633  proceed under s. 985.557(1). Upon the state attorney’s request,
  634  the court shall either enter an order transferring the case and
  635  certifying the case for trial as if the child were an adult or
  636  provide written reasons for not issuing such an order.
  637         Section 10. For the purpose of incorporating the amendment
  638  made by this act to section 985.565, Florida Statutes, in a
  639  reference thereto, subsection (3) of section 985.514, Florida
  640  Statutes, is reenacted to read:
  641         985.514 Responsibility for cost of care; fees.—
  642         (3) When the court under s. 985.565 orders any child
  643  prosecuted as an adult to be supervised by or committed to the
  644  department for treatment in any of the department’s programs for
  645  children, the court shall order the child’s parents to pay fees
  646  as provided in s. 985.039.
  647         Section 11. For the purpose of incorporating the amendment
  648  made by this act to section 985.565, Florida Statutes, in a
  649  reference thereto, paragraph (a) of subsection (5) of section
  650  985.556, Florida Statutes, is reenacted to read:
  651         985.556 Waiver of juvenile court jurisdiction; hearing.—
  652         (5) EFFECT OF ORDER WAIVING JURISDICTION.—
  653         (a) Once a child has been transferred for criminal
  654  prosecution pursuant to an involuntary waiver hearing and has
  655  been found to have committed the presenting offense or a lesser
  656  included offense, the child shall thereafter be handled in every
  657  respect as an adult for any subsequent violation of state law,
  658  unless the court imposes juvenile sanctions under s. 985.565.
  659         Section 12. This act shall take effect July 1, 2015.