Florida Senate - 2016 SB 314
By Senator Diaz de la Portilla
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 985.557, F.S.; revising the circumstances under which
4 a state attorney may file an information when a child
5 of a certain age range commits or attempts to commit
6 specified crimes; deleting a requirement that a state
7 attorney file an information under certain
8 circumstances; deleting a provision that prohibits
9 physical contact with adult offenders under certain
10 circumstances; revising the effects of the direct
11 filing of a child; prohibiting the transfer of a child
12 under certain circumstances based on the child’s
13 competency; authorizing a child to request a hearing
14 to determine whether he or she must remain in adult
15 court; requiring the court to consider certain factors
16 after a written request is made for a hearing;
17 authorizing the court to waive the case back to
18 juvenile court; requiring the Department of Juvenile
19 Justice to collect specified data under certain
20 circumstances; requiring the department to provide an
21 annual report to the Legislature; amending s. 985.56,
22 F.S.; revising the crimes and the age of a child who
23 is subject to the jurisdiction of a circuit court;
24 prohibiting the transfer of a child under certain
25 circumstances based on the child’s competency;
26 removing provisions regarding sentencing of a child;
27 authorizing, rather than requiring, a court to
28 transfer a child indicted under certain circumstances;
29 making technical changes; amending s. 985.565, F.S.;
30 revising the criteria to be used in determining
31 whether to impose juvenile or adult sanctions;
32 requiring the adult court to render an order including
33 specific findings of fact and the reasons for its
34 decision; providing that the order is reviewable on
35 appeal; requiring the court to consider any reports
36 that may assist in the sentencing of a child;
37 providing for the examination of the reports; removing
38 a provision that requires a court to impose adult
39 sanctions under certain circumstances; revising how a
40 child may be sanctioned under certain circumstances;
41 requiring the court to explain the basis for imposing
42 adult sanctions; revising when juvenile sanctions may
43 be imposed; amending s. 985.556, F.S.; conforming a
44 cross-reference; amending s. 985.04, F.S.; conforming
45 provisions to changes made by the act; reenacting ss.
46 985.15(1), 985.265(5), and 985.556(3), F.S., relating
47 to filing decisions; detention transfer and release,
48 education, and adult jails; and waiver of juvenile
49 court jurisdiction and hearings, respectively, to
50 incorporate the amendment made to s. 985.557, F.S., in
51 references thereto; reenacting ss. 985.514(3) and
52 985.556(5)(a), F.S., relating to responsibility for
53 cost of care and fees, and waiver of juvenile court
54 jurisdiction and hearings, respectively, to
55 incorporate the amendment made to s. 985.565, F.S., in
56 references thereto; providing an effective date.
58 Be It Enacted by the Legislature of the State of Florida:
60 Section 1. Section 985.557, Florida Statutes, is amended to
62 (Substantial rewording of section. See
63 s. 985.557, F.S., for present text.)
64 985.557 Direct filing of an information.—
65 (1) DIRECT FILE.—
66 (a) With respect to a child who was 16 years of age or
67 older or less than 18 years of age at the time the alleged
68 offense was committed, the state attorney may file an
69 information if, in the state attorney’s judgment and discretion,
70 the public interest requires that adult sanctions be considered
71 and the offense charged is for the commission of or attempt to
73 1. Murder;
74 2. Manslaughter;
75 3. Sexual battery in violation of s. 794.011(3);
76 4. Armed robbery;
77 5. Aggravated assault with a firearm;
78 6. Aggravated child abuse;
79 7. Arson in violation of s. 806.031;
80 8. Kidnapping;
81 9. Unlawful throwing, placing, or discharging of a
82 destructive device or bomb;
83 10. Aggravated battery resulting in great bodily harm,
84 permanent disability, or permanent disfigurement to a person;
85 11. Carrying, displaying, using, or threatening or
86 attempting to use a weapon or firearm in furtherance of the
87 commission of a felony, if the use or threatened use does not
88 include the mere acquisition of a deadly weapon or firearm
89 during the felony;
90 12. Possessing or discharging a firearm on school property
91 in violation of s. 790.115;
92 13. Home invasion robbery;
93 14. Aggravated stalking;
94 15. Carjacking;
95 16. Aggravated animal cruelty by intentional acts; or
96 17. DUI or BUI resulting in fatality, great bodily harm,
97 permanent disability, or permanent disfigurement to a person.
98 (b) With respect to a child who was 14 or 15 years of age
99 at the time the alleged offense was committed, the state
100 attorney may file an information if, in the state attorney’s
101 judgment and discretion, the public interest requires that adult
102 sanctions be considered and the offense charged is for the
103 commission of or attempt to commit:
104 1. Murder;
105 2. Manslaughter; or
106 3. Sexual battery in violation of s. 794.011(3).
107 (2) EFFECT OF DIRECT FILE.—
108 (a) If a child is transferred for criminal prosecution as
109 an adult, the court may transfer and certify to the adult
110 circuit court for prosecution of the child as an adult all
111 related felony cases pertaining to the child which have not yet
112 resulted in a plea of guilty or nolo contendere or in which a
113 finding of guilt has not been made. If the child is acquitted of
114 all charged offenses or lesser included offenses contained in
115 the original case transferred to adult court, any felony cases
116 that were transferred to adult court under this subsection are
117 subject to the same penalties they were subject to before their
119 (b) If a child has been convicted and sentenced to adult
120 sanctions pursuant to this section, he or she shall be handled
121 as an adult for any subsequent violation of state law, unless
122 the court imposes juvenile sanctions under s. 985.565.
123 (3) TRANSFER PROHIBITION.—Notwithstanding any other law, a
124 child who is eligible for direct file and who is pending a
125 competency hearing in juvenile court or who has previously been
126 found to be incompetent and has not been restored to competency
127 by a court may not be transferred to adult court for criminal
129 (4) REVERSE WAIVER.—A child who is transferred to adult
130 court pursuant to this section may request, in writing, a
131 hearing to determine whether he or she shall remain in adult
132 court. The adult court, in determining whether public safety
133 would be best served by retaining jurisdiction, shall consider
134 the seriousness of the offense, the extent of the child’s
135 alleged participation or role in the offense, the sophistication
136 and maturity of the child, and any prior offenses the child has
137 committed. The adult court may, based on these considerations,
138 waive the case back to juvenile court.
139 (5) DATA COLLECTION RELATING TO DIRECT FILE.—
140 (a) The department shall collect data regarding children
141 who qualify for direct file under subsection (1), including, but
142 not limited to:
143 1. Age.
144 2. Race and ethnicity.
145 3. Gender.
146 4. Circuit and county of residence.
147 5. Circuit and county of offense.
148 6. Prior adjudicated offenses.
149 7. Prior periods of probation.
150 8. Previous contacts with law enforcement agencies or the
152 9. Initial charges.
153 10. Charges at disposition.
154 11. Whether adult codefendants were involved.
155 12. Whether child codefendants were involved who were
156 transferred to adult court.
157 13. Whether the child was represented by counsel.
158 14. Whether the child has waived counsel.
159 15. Risk assessment instrument score.
160 16. The child’s medical, mental health, substance abuse, or
161 trauma history.
162 17. The child’s history of physical or mental impairment or
163 disability-related accommodations.
164 18. The child’s history of abuse or neglect.
165 19. The child’s history of foster care placements,
166 including the number of prior placements.
167 20. Whether the child has fetal alcohol syndrome or was
168 exposed to controlled substances at birth.
169 21. Whether the child has below-average intellectual
170 functioning or is eligible for exceptional student education
172 22. Whether the child has received mental health services
173 or treatment.
174 23. Whether the child has been the subject of a Children in
175 Need of Services or Family in Need of Services (CINS/FINS)
176 petition or a dependency petition.
177 24. Plea offers made by the state and the outcome of any
178 plea offers.
179 25. Whether the child was transferred for criminal
180 prosecution as an adult.
181 26. The case resolution in juvenile court.
182 27. The case resolution in adult court.
183 (b) If a child is transferred for criminal prosecution as
184 an adult, the department shall also collect disposition data,
185 including, but not limited to, whether the child received adult
186 sanctions, juvenile sanctions, or diversion, and, if sentenced
187 to prison, length of prison sentence or enhanced sentence.
188 (c) The department shall annually provide a report
189 analyzing this aggregated data to the President of the Senate
190 and the Speaker of the House of Representatives.
191 Section 2. Section 985.56, Florida Statutes, is amended to
193 985.56 Indictment of a juvenile.—
194 (1) A child 14 years of age or older
of any age who is
195 charged with a violation of state law punishable by death or by
196 life imprisonment is subject to the jurisdiction of the court as
197 set forth in s. 985.0301(2) unless and until an indictment on
198 the charge is returned by the grand jury. When such indictment
199 is returned, the petition for delinquency, if any, must be
200 dismissed and the child must be tried and handled in every
201 respect as an adult:
202 (a) On the indicting offense punishable by death or by life
203 imprisonment; and
204 (b) On all other felonies or misdemeanors charged in the
205 indictment which are based on the same act or transaction as the
206 indicting offense punishable by death or by life imprisonment or
207 on one or more acts or transactions connected with the offense
208 punishable by death or by life imprisonment.
209 (2) An adjudicatory hearing may not be held until 21 days
210 after the child is taken into custody and charged with having
211 committed an indictable offense punishable by death or by life
212 imprisonment, unless the state attorney advises the court in
213 writing that he or she does not intend to present the case to
214 the grand jury, or has presented the case to the grand jury and
215 the grand jury has not returned an indictment. If the court
216 receives such a notice from the state attorney, or if the grand
217 jury fails to act within the 21-day period, the court may
218 proceed as otherwise authorized under this part.
219 (3) Notwithstanding any other law, a child who is eligible
220 for indictment and who is pending a competency hearing in
221 juvenile court or who has been previously found to be
222 incompetent and has not been restored to competency by a court
223 may not be transferred to adult court for criminal prosecution
224 If the child is found to have committed the offense punishable
225 by death or by life imprisonment, the child shall be sentenced
226 as an adult. If the juvenile is not found to have committed the
227 indictable offense but is found to have committed a lesser
228 included offense or any other offense for which he or she was
229 indicted as a part of the criminal episode, the court may
230 sentence under s. 985.565.
231 (4)(a) If Once a child has been indicted pursuant to this
232 section and has been found to have committed any offense for
233 which he or she was indicted as a part of the criminal episode,
234 the child shall be handled thereafter in every respect as if an
235 adult for any subsequent violation of state law, unless the
236 court imposes juvenile sanctions under s. 985.565.
237 (b) If When a child has been indicted pursuant to this
238 section, the court may shall immediately transfer and certify to
239 the adult circuit court all related felony cases pertaining to
240 the child, for prosecution of the child as an adult, which have
241 not yet resulted in a plea of guilty or nolo contendere or in
242 which a finding of guilt has not been made. If the child is
243 acquitted of all charged offenses or lesser included offenses
244 contained in the indictment case, any all felony cases that were
245 transferred to adult court pursuant to this paragraph shall be
246 subject to the same penalties such cases were subject to before
247 being transferred to adult court.
248 Section 3. Subsection (1), paragraph (c) of subsection (3),
249 and subsection (4) of section 985.565, Florida Statutes, are
250 amended to read:
251 985.565 Sentencing powers; procedures; alternatives for
252 juveniles prosecuted as adults.—
253 (1) POWERS OF DISPOSITION.—
254 (a) A child who is found to have committed a violation of
255 law may, as an alternative to adult dispositions, be committed
256 to the department for treatment in an appropriate program for
257 children outside the adult correctional system or be placed on
258 juvenile probation.
259 (b) In determining whether to impose juvenile or sanctions
260 instead of adult sanctions, the court shall consider the
261 following criteria:
262 1. The seriousness of the offense to the community and
263 whether the protection of the community would be best served be
264 protected by juvenile or adult sanctions.
265 2. The extent of the child’s participation in the offense.
266 3. The effect, if any, of familial or peer pressure on the
267 child’s actions.
268 4. 2. Whether the offense was committed in an aggressive,
269 violent, premeditated, or willful manner.
270 5. 3. Whether the offense was against persons or against
271 property, with greater weight being given to offenses against
272 persons, especially if personal injury resulted.
273 6. 4. The sophistication and maturity of the child,
274 including: offender
275 a. The child’s age, maturity, intellectual capacity, and
276 mental and emotional health at the time of the offense.
277 b. The child’s background, including his or her family,
278 home, and community environment.
279 c. The effect, if any, of immaturity, impetuosity, or
280 failure to appreciate the risks and consequences on the child’s
281 participation in the offense.
282 d. The effect, if any, of characteristics attributable to
283 the child’s age on the child’s judgment.
284 7. 5. The record and previous history of the child offender,
286 a. Previous contacts with the Department of Corrections,
287 the Department of Juvenile Justice, the former Department of
288 Health and Rehabilitative Services, or the Department of
289 Children and Families, and the adequacy and appropriateness of
290 the services provided to address the child’s needs law
291 enforcement agencies, and the courts.
292 b. Prior periods of probation.
293 c. Prior adjudications that the offender committed a
294 delinquent act or violation of law as a child.
295 d. Prior commitments to the Department of Juvenile Justice,
296 the former Department of Health and Rehabilitative Services, the
297 Department of Children and Families, or other facilities or
298 institutions, and the adequacy and appropriateness of the
299 services provided to address the child’s needs.
300 e. Previous contacts with law enforcement agencies and the
302 f. History of abuse, abandonment or neglect, foster care
303 placements, failed adoption, fetal alcohol syndrome, exposure to
304 controlled substances at birth, and below-average intellectual
306 g. Identification of the child as having a disability or
307 having previously received mental health services or treatment.
308 8. 6. The prospects for adequate protection of the public
309 and the likelihood of deterrence and reasonable rehabilitation
310 of the offender if assigned to services and facilities of the
311 Department of Juvenile Justice.
312 9. 7. Whether the Department of Juvenile Justice has
313 appropriate programs, facilities, and services immediately
315 8. Whether adult sanctions would provide more appropriate
316 punishment and deterrence to further violations of law than the
317 imposition of juvenile sanctions.
318 10. Whether the Department of Corrections has appropriate
319 programs, facilities, and services immediately available.
320 (c) The adult court shall render an order including
321 specific findings of fact and the reasons for its decision. The
322 order shall be reviewable on appeal under s. 985.534 and the
323 Florida Rules of Appellate Procedure.
324 (3) SENTENCING HEARING.—
325 (c) The court may receive and consider any other relevant
326 and material evidence, including other reports, written or oral,
327 in its effort to determine the action to be taken with regard to
328 the child, and may rely upon such evidence to the extent of its
329 probative value even if the evidence would not be competent in
330 an adjudicatory hearing. The court shall consider any reports
331 that may assist it, including prior predisposition reports,
332 psychosocial assessments, individualized educational programs,
333 developmental assessments, school records, abuse or neglect
334 reports, home studies, protective investigations, and
335 psychological and psychiatric evaluations. The child, the
336 child’s defense counsel, and the state attorney have the right
337 to examine these reports and to question the parties responsible
338 for them at the hearing.
339 (4) SENTENCING ALTERNATIVES.—
340 (a) Adult Sanctions.—
341 1. Cases prosecuted on indictment.—If the child is found to
342 have committed the offense punishable by death or life
343 imprisonment, the child shall be sentenced as an adult. If the
344 juvenile is not found to have committed the indictable offense
345 but is found to have committed a lesser included offense or any
346 other offense for which he or she was indicted as a part of the
347 criminal episode, the court may sentence as follows:
348 a. As an adult;
349 b. Under chapter 958; or
350 c. As a juvenile under this section.
351 2. Other cases.—If a child who has been transferred for
352 criminal prosecution pursuant to information or waiver of
353 juvenile court jurisdiction is found to have committed a
354 violation of state law or a lesser included offense for which he
355 or she was charged as a part of the criminal episode, the court
356 may sentence as follows:
357 1. a. As an adult;
358 2. b. As a youthful offender under chapter 958; or
359 3. c. As a juvenile under this section.
360 3. Notwithstanding any other provision to the contrary, if
361 the state attorney is required to file a motion to transfer and
362 certify the juvenile for prosecution as an adult under s.
363 985.556(3) and that motion is granted, or if the state attorney
364 is required to file an information under s. 985.557(2)(a) or
365 (b), the court must impose adult sanctions.
366 (b) 4. Findings.—The court must Any sentence imposing adult
367 sanctions is presumed appropriate, and the court is not required
368 to set forth specific findings or enumerate the criteria in this
369 subsection as any basis for its decision to impose adult
371 (c) 5. Restitution.—When a child has been transferred for
372 criminal prosecution as an adult and has been found to have
373 committed a violation of state law, the disposition of the case
374 may include the enforcement of any restitution ordered in any
375 juvenile proceeding.
376 (d) (b) Juvenile sanctions.—If a juvenile sentence is For
377 juveniles transferred to adult court but who do not qualify for
378 such transfer under s. 985.556(3) or s. 985.557(2)(a) or (b),
379 the court may impose juvenile sanctions under this paragraph. If
380 juvenile sentences are imposed, the court shall, under this
381 paragraph, adjudge the child to have committed a delinquent act.
382 Adjudication of delinquency shall not be deemed a conviction,
383 nor shall it operate to impose any of the civil disabilities
384 ordinarily resulting from a conviction. The court shall impose
385 an adult sanction or a juvenile sanction and may not sentence
386 the child to a combination of adult and juvenile punishments. An
387 adult sanction or a juvenile sanction may include enforcement of
388 an order of restitution or probation previously ordered in any
389 juvenile proceeding. However, if the court imposes a juvenile
390 sanction and the department determines that the sanction is
391 unsuitable for the child, the department shall return custody of
392 the child to the sentencing court for further proceedings,
393 including the imposition of adult sanctions. Upon adjudicating a
394 child delinquent under subsection (1), the court may:
395 1. Place the child in a probation program under the
396 supervision of the department for an indeterminate period of
397 time until the child reaches the age of 19 years or sooner if
398 discharged by order of the court.
399 2. Commit the child to the department for treatment in an
400 appropriate program for children for an indeterminate period of
401 time until the child is 21 or sooner if discharged by the
402 department. The department shall notify the court of its intent
403 to discharge no later than 14 days prior to discharge. Failure
404 of the court to timely respond to the department’s notice shall
405 be considered approval for discharge.
406 3. Order disposition under ss. 985.435, 985.437, 985.439,
407 985.441, 985.45, and 985.455 as an alternative to youthful
408 offender or adult sentencing if the court determines not to
409 impose youthful offender or adult sanctions.
410 (e) (c) Adult sanctions upon failure of juvenile sanctions.
411 If a child proves not to be suitable to a commitment program,
412 juvenile probation program, or treatment program under paragraph
413 (d) (b), the department shall provide the sentencing court with
414 a written report outlining the basis for its objections to the
415 juvenile sanction and shall simultaneously provide a copy of the
416 report to the state attorney and the defense counsel. The
417 department shall schedule a hearing within 30 days. Upon
418 hearing, the court may revoke the previous adjudication, impose
419 an adjudication of guilt, and impose any sentence which it may
420 lawfully impose, giving credit for all time spent by the child
421 in the department. The court may also classify the child as a
422 youthful offender under s. 958.04, if appropriate. For purposes
423 of this paragraph, a child may be found not suitable to a
424 commitment program, community control program, or treatment
425 program under paragraph (d) (b) if the child commits a new
426 violation of law while under juvenile sanctions, if the child
427 commits any other violation of the conditions of juvenile
428 sanctions, or if the child’s actions are otherwise determined by
429 the court to demonstrate a failure of juvenile sanctions.
430 (f) (d) Further proceedings heard in adult court.—When a
431 child is sentenced to juvenile sanctions, further proceedings
432 involving those sanctions shall continue to be heard in the
433 adult court.
434 (g) (e) School attendance.—If the child is attending or is
435 eligible to attend public school and the court finds that the
436 victim or a sibling of the victim in the case is attending or
437 may attend the same school as the child, the court placement
438 order shall include a finding pursuant to the proceeding
439 described in s. 985.455(2), regardless of whether adjudication
440 is withheld.
442 It is the intent of the Legislature that the criteria and
443 guidelines in this subsection are mandatory and that a
444 determination of disposition under this subsection is subject to
445 the right of the child to appellate review under s. 985.534.
446 Section 4. Subsection (1) of section 985.556, Florida
447 Statutes, is amended to read:
448 985.556 Waiver of juvenile court jurisdiction; hearing.—
449 (1) VOLUNTARY WAIVER.—The court shall transfer and certify
450 a child’s criminal case for trial as an adult if the child is
451 alleged to have committed a violation of law and, before prior
452 to the commencement of an adjudicatory hearing, the child,
453 joined by a parent or, in the absence of a parent, by the
454 guardian or guardian ad litem, demands in writing to be tried as
455 an adult. Once a child has been transferred for criminal
456 prosecution pursuant to a voluntary waiver hearing and has been
457 found to have committed the presenting offense or a lesser
458 included offense, the child shall be handled thereafter in every
459 respect as an adult for any subsequent violation of state law,
460 unless the court imposes juvenile sanctions under s.
461 985.565(4)(d) s. 985.565(4)(b).
462 Section 5. Subsection (2) of section 985.04, Florida
463 Statutes, is amended to read:
464 985.04 Oaths; records; confidential information.—
465 (2) Notwithstanding any other provisions of this chapter,
466 the name, photograph, address, and crime or arrest report of a
468 (a) Taken into custody if the child has been taken into
469 custody by a law enforcement officer for a violation of law
470 which, if committed by an adult, would be a felony;
471 (b) Found by a court to have committed three or more
472 violations of law which, if committed by an adult, would be
474 (c) Transferred to the adult system under s. 985.557,
475 indicted under s. 985.56, or waived under s. 985.556; or
476 (d) Taken into custody by a law enforcement officer for a
477 violation of law subject to s. 985.557(2)(b) or (d); or
478 (d) (e) Transferred to the adult system but sentenced to the
479 juvenile system under s. 985.565
481 shall not be considered confidential and exempt from s.
482 119.07(1) solely because of the child’s age.
483 Section 6. For the purpose of incorporating the amendment
484 made by this act to section 985.557, Florida Statutes, in a
485 reference thereto, subsection (1) of section 985.15, Florida
486 Statutes, is reenacted to read:
487 985.15 Filing decisions.—
488 (1) The state attorney may in all cases take action
489 independent of the action or lack of action of the juvenile
490 probation officer and shall determine the action that is in the
491 best interest of the public and the child. If the child meets
492 the criteria requiring prosecution as an adult under s. 985.556,
493 the state attorney shall request the court to transfer and
494 certify the child for prosecution as an adult or shall provide
495 written reasons to the court for not making such a request. In
496 all other cases, the state attorney may:
497 (a) File a petition for dependency;
498 (b) File a petition under chapter 984;
499 (c) File a petition for delinquency;
500 (d) File a petition for delinquency with a motion to
501 transfer and certify the child for prosecution as an adult;
502 (e) File an information under s. 985.557;
503 (f) Refer the case to a grand jury;
504 (g) Refer the child to a diversionary, pretrial
505 intervention, arbitration, or mediation program, or to some
506 other treatment or care program if such program commitment is
507 voluntarily accepted by the child or the child’s parents or
508 legal guardian; or
509 (h) Decline to file.
510 Section 7. For the purpose of incorporating the amendment
511 made by this act to section 985.557, Florida Statutes, in a
512 reference thereto, subsection (5) of section 985.265, Florida
513 Statutes, is reenacted to read:
514 985.265 Detention transfer and release; education; adult
516 (5) The court shall order the delivery of a child to a jail
517 or other facility intended or used for the detention of adults:
518 (a) When the child has been transferred or indicted for
519 criminal prosecution as an adult under part X, except that the
520 court may not order or allow a child alleged to have committed a
521 misdemeanor who is being transferred for criminal prosecution
522 pursuant to either s. 985.556 or s. 985.557 to be detained or
523 held in a jail or other facility intended or used for the
524 detention of adults; however, such child may be held temporarily
525 in a detention facility; or
526 (b) When a child taken into custody in this state is wanted
527 by another jurisdiction for prosecution as an adult.
529 The child shall be housed separately from adult inmates to
530 prohibit a child from having regular contact with incarcerated
531 adults, including trusties. “Regular contact” means sight and
532 sound contact. Separation of children from adults shall permit
533 no more than haphazard or accidental contact. The receiving jail
534 or other facility shall contain a separate section for children
535 and shall have an adequate staff to supervise and monitor the
536 child’s activities at all times. Supervision and monitoring of
537 children includes physical observation and documented checks by
538 jail or receiving facility supervisory personnel at intervals
539 not to exceed 10 minutes. This subsection does not prohibit
540 placing two or more children in the same cell. Under no
541 circumstances shall a child be placed in the same cell with an
543 Section 8. For the purpose of incorporating the amendment
544 made by this act to section 985.557, Florida Statutes, in a
545 reference thereto, subsection (3) of section 985.556, Florida
546 Statutes, is reenacted to read:
547 985.556 Waiver of juvenile court jurisdiction; hearing.—
548 (3) INVOLUNTARY MANDATORY WAIVER.—
549 (a) If the child was 14 years of age or older, and if the
550 child has been previously adjudicated delinquent for an act
551 classified as a felony, which adjudication was for the
552 commission of, attempt to commit, or conspiracy to commit
553 murder, sexual battery, armed or strong-armed robbery,
554 carjacking, home-invasion robbery, aggravated battery,
555 aggravated assault, or burglary with an assault or battery, and
556 the child is currently charged with a second or subsequent
557 violent crime against a person; or
558 (b) If the child was 14 years of age or older at the time
559 of commission of a fourth or subsequent alleged felony offense
560 and the child was previously adjudicated delinquent or had
561 adjudication withheld for or was found to have committed, or to
562 have attempted or conspired to commit, three offenses that are
563 felony offenses if committed by an adult, and one or more of
564 such felony offenses involved the use or possession of a firearm
565 or violence against a person;
567 the state attorney shall request the court to transfer and
568 certify the child for prosecution as an adult or shall provide
569 written reasons to the court for not making such request, or
570 proceed under s. 985.557(1). Upon the state attorney’s request,
571 the court shall either enter an order transferring the case and
572 certifying the case for trial as if the child were an adult or
573 provide written reasons for not issuing such an order.
574 Section 9. For the purpose of incorporating the amendment
575 made by this act to section 985.565, Florida Statutes, in a
576 reference thereto, subsection (3) of section 985.514, Florida
577 Statutes, is reenacted to read:
578 985.514 Responsibility for cost of care; fees.—
579 (3) When the court under s. 985.565 orders any child
580 prosecuted as an adult to be supervised by or committed to the
581 department for treatment in any of the department’s programs for
582 children, the court shall order the child’s parents to pay fees
583 as provided in s. 985.039.
584 Section 10. For the purpose of incorporating the amendment
585 made by this act to section 985.565, Florida Statutes, in a
586 reference thereto, paragraph (a) of subsection (5) of section
587 985.556, Florida Statutes, is reenacted to read:
588 985.556 Waiver of juvenile court jurisdiction; hearing.—
589 (5) EFFECT OF ORDER WAIVING JURISDICTION.—
590 (a) Once a child has been transferred for criminal
591 prosecution pursuant to an involuntary waiver hearing and has
592 been found to have committed the presenting offense or a lesser
593 included offense, the child shall thereafter be handled in every
594 respect as an adult for any subsequent violation of state law,
595 unless the court imposes juvenile sanctions under s. 985.565.
596 Section 11. This act shall take effect July 1, 2016.